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HomeMy WebLinkAboutMINUTES-08/05/1971-Regular269 MINUTES OF MEETING August 5, 1971 The City Council of the City of Fort Collins met in regular session at 1:30 P.M. in the Council Chambers of the Municipal Building on Thursday, August 5, 1971. Present Councilmen Carson, Lopez, Peterson and Fead. Absent: Councilwoman Preble. Also Present: Tom Coffey, City Manager Arthur E. March, City Attorney Charles Liquin, Director of Public Works Mayor Carson presided. DISPENSING OF MINUTES Motion was made by Councilman Lopez, seconded by Councilman Fead, that the reading of the minutes of the Council held July 22, 1971, be dispensed with. Upon a roll call, all members of the Council voted in the affirmative. AGENDA ITEM 2A FERMENTED MALT BEVERAGE LICENSE RENEWAL SAFEWAY STORE - 10,41'West Prospect. The following report was presented and read at length: TO: Tom Coffey, City Manager FROM: Ralph M. Smith, Chief of Police . SUBJECT: Fermented Malt Beverage License Renewal Safeway Store #905, 105 W. Prospect Fort Collins, Colorado Sir: A check of the records of the Fort Collins Police Department indicates that there has been no problem with the above captioned place of business. I have also checked with our Juvenile Division, and they advise that they have received no complaints regarding this establishment selling beer to minors. Therefore, I know of no reason why this license should not be renewed. Respectfully submitted, /s/ Ralph M. Smith Chief of Police Motion was made by Councilman Fead, seconded by Councilman Peterson, that this license be approved. Upon roll call, all members of the Council voted in the affirmative. AGENDA ITEM 2B FERMENTED MALT BEVERAGE LICENSE RENEWAL SAFEWAY STORES, Inc.#903, 425 So. Colleze FROM: Ralph M. Smith, Chief of Police A check of the records of the Fort Collins Police Department indicates that there has been no problem with the above captioned place of business. I have also checked with our Juvenile Division, and they advise that they have received no complains regarding this establishment selling beer to minors. Therefore, I know of no reason why this license should not be renewed. Respectfully submitted, /s/ Ralph M. Smith Chief of Police Motion was made by Councilman Lopez, seconded by Councilman Peterson, that this application renewal be approved. Upon a roll call, all members of the Council voted in the .affirmative. 270 --------- ------ --- ----- -- ----- -- -- Augus--t5 1971----- r AGENDA 2C RESOLUTION 71-69 OF THE COUNCIL OF THE CITY OF FORT COLLINS SUPPORTING THE PROGRAM OF THE FORT COLLINS COMMITTEE 014 DRUG EDUCATION MIEREAS, the subject of drug use and abuse is of increasing concern to communities across the United States; and MIL REAS, a study has been made by interested groups within the Port Collins community, including Colorado State University, concerning this subject and such study has resulted in the development of a defini- tion of the problem of drug abuse in this City and of a program for dealing with this problem in the community and at the University; and WHLREAS, such program has been presented to the City Council; and in the opinion of the City Council, the same is highly deserving of support by the City, Colorado State University, and all citizens within the City; and WHL'REAS, a request has been made of the City Council that the City of Fort Collins contribute funds to be used in carrying out the program which has been developed for this community, but the provisions of Section 16 of Article V of the Charter of the City of Fort Collins prohibit the making of such contribution by the City; and WHERLAS, although the City is unable to contribute funds towards the project, the City Council does desire to express its support for the project and to further express its commitment to do all things possible in order to support aid project. NUW, T:EERum, BE IT RLSOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the City Council suppo:-is the proposed program for the control of drug abuse and drug use within the City; and aE IT FURTHER RESOLVED that the City Council hereby expresses its commitment that the City of Fort Collins will support said program by all possible means, and that the City Council encourages all interested individuals and groups within the City to lead support to said program. Passed and adopted at a regular meeting of the City Council held this 5th day of August, A. D. 1971. /s/ Karl E. Carson Mayor ATTEST: /s/ John Bartel City Clerk 271 John Grogan, Chairman 0�4rug Education program and Dr. Ed Rudow, Project Director, were present and urged that the City participate in some way, financially, to this program. They stated they were aware of the limitations that the City could contribute, because of the Charter, but suggested direct payment by the City for training to7given Police officers or the membership in CODE with dues of $7,500 per year and the City hiring Dr. Rudow as a consultant. Mr. Grogan stated that Larimer County has pledged $7,500, that CSU has pledged an additional $4,500, which brings their total to $32,000. Mayor Carson said the Council has considered every alternative possible and there were no legal means by which they could financially support the program. Dr. Rudow stated that if the necessary funds have not been raised by August 15, that a cut back in the federal grant would be made and this could be a detriment to the program. Mr. Grogan asked about the City building that they have been using in this program. The City Manager informed him that the structure has no value and was going to be destroyed, therefore the City is giving nothing. Dr. Wm. Tietz, of CSU, was present and stated that the project is an opportunity for the State, Federal and local agencies to solve this problem of drugs. Dr. Rudow said that Fort Collins would be a model for other cities in the future. Mayor Carson said that other cities do not have this form of charter and:did not think they would criticize Fort Collins for not being able to participate financially. The City Manager stated that if the City were to contribute moneyand were challenged, justification would be to the courts, that he and the Council members would be held responsible because of defiance of the City Charter. Dr. Robert Moore also spoke in support of the project. Councilman Lopez stated that as a citizen would like to support your program, but that the City is governed by a Charter and not moral to get around it , stating that we really need this service and that it will not fall upon deaf ears and to bring this back to the Council. Councilman Fead expressed the desire of the Council to .help this program, that all we can do is accept the legal counsel. Motion was made by Councilman Lopez, seconded by Councilman Peterson, that the resolution be adopted. Upon a roll call, all members of the Council voted in the affirmative. AGENDA ITEM 2D SIDEWALK INSTALLATION The City Manager explained that the school district had requested certain areas install sidewalks and he would recommend to the Council that they instruct the administrative staff to form a district and cover these sidewalks and in addition include the east sides of Mathews and Remington streets from East Lake to Prospect streets. He stated that requirements to install sidewalks upon construction of a house was dropped during the depression in the 1930's and was not enforced until the 1950's, when the specifications were changed to 2 feet, and last July they were changed to 4 feet. He stated they would have to go around some trees, but would not remove any, but may have to trim some and trim or remove some bushes. Mr. Horace House, representing his father, Miles House, was present asking if these walks were made on a detailed traffic pattern asking if he was allowed to put these sidewalks in himself and what the specificationstwere. The City Manager informed him he could install this sidewalk himself and he could7iull specifications from the City Engineer. Mrs. Howard Campbell, 1325 Whedbee, was present and asked if they could continue the three foot sidewalk,as putting in 4 feet .would kill the roots of a tree. She was advised this could be done. Motion was made by Councilman Fead, seconded by Councilman Lopez, to approve the sidewalks as recommended by the City Manager and be referred to the City Attorney for the necessary ordinance. Upon a roll call, all members of the Council voted in the affirmative. OCCUPATIONAL TAX The City Manager recommended that the Fermented Malt Beverage occupational tax be raised to $400.00 for Class A and B licenses and the effective date be 1972, at the beginning of their license period, and the Liquor tax remain as it is. Motion was made by Councilman Peterson, seconded by Councilman Lopez, that the recommendation of the.City Manager be accepted and referred to the City Attorney for the necessary ordinance. Upon a roll call, all members of the City Council voted in the affirmative. Mayor Carson stated at the last meeting of the State Legislature, it was voted that the clubs can request permission for temporary Beer License, that the permits would be for nor more than two days in succession nor more than eight days in one year. The State license for such temporary permits is $25.00 per day for liquor and $10.00 per day for Fermented Malt Beverage. He stated this should be reviewed for an ordinance. AGENDA ITEM 3A ORDINANCE NO. 34, 1971 BEING AN ORDINANCE AMENDING CHAPTER 19 OF THE CODE OF ORDINANCES OF THE CITY OF FORT COLLINS, 1 272 August 5, 1971 COLORADO, 1958, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE AND CLASSIFYING FOR ZONING PURPOSES THE PROPERTY INCLUDED IN THE WORTHINGTON FARM FIRST ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO. Motion was made by Councilman Peterson, seconded by Councilman Fead, that Ordinance No. 34, 1971, be adopted. Upon a roll call, all members of the Council voted in the affirmative. AGENDA ITEM 3B ORDINANCE NO. 35, 1971 BEING AN ORDINANCE AMENDING CHAPTER 19 OF THE CODE OF ORDINANCES OF THE CITY OF FORT COLLINS, COLORADO, 1958, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE, SO AS TO PERMIT PET SHOPS IN THE B-G, GENERAL BUSINESS DISTRICT, HIGHWAY BUSINESS DISTRICT, UNDER THE CITY ZONING ORDINANCE Motion was made by Councilman Fead, seconded by Councilman Peterson, that Ordinance No. 35, 1971, be adopted. Upon a roll call, all members voted in the affirmative. AGENDA ITEM 3C ORDINANCE NO. 36, 1971 BEING AN ORDINANCE AMENDING SECTION 19-55 OF THE CODE OF ORDINANCES OF THE CITY OF FORT COLLINS, COLORADO, 1958, AS AMENDED, RELATING TO THE SUBDIVISION OF LANDS Motion was made by Councilman Peterson, seconded by Councilman Fead, that Ordinance No. 36, 1971, be adopted. Upon a roll call, all members voted in the affirmative. AGENDA ITEM 3D ORDINANCE NO.-37, 1971 BEING AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE CITY OF FORT COLLINS, COLORADO Motion was made by Councilman Lopez, seconded by Councilman Fead, that Ordinance No. 37. 1971, be adopted. Upon a roll call, all members of the Council voted in the affirmative. AGENDA ITEM 3E VACCINATION OF DOGS Mayor Carson said he had a request to leave Ordinance No. 38, 1971, on the Table, as there was a disagreement between the Veterinarians and the Public Health. Motion was made by Councilman Lopez, seconded by Councilman Peterson, that this item be left on the table for another week. Upon a roll call, all members of the Council voted in the affirmative. AGENDA ITEM 4A ORDINANCE NO. 40, 1971 BEING AN ORDINANCE AMENDING CHAPTER 19 OF THE CODE OF ORDINANCES OF THE CITY OF FORT COLLINS, COLORADO, 1958, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE AND CLASSIFYING FOR ZONING PURPOSES THE PROPERTY INCLUDED IN THE GUARD SECOND ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO Motion was made by Councilman Lopez, seconded by Councilman Fead, that Ordinance No. 40, 1971, be considered favorably on first reading, and ordered published this 5th day of August, 1971, and to be presented for finalpassage on the 26th day of August, 1971. Upon a roll call, all members of the Council voted in the affirmative. AGENDA ITEM 4B SPRING CREEK FARMS ANNEXATION ZONING - ORDINANCE NO. 41, 1971 PETITION 27,E --- ---- -- ---- ----- - — ---- August _5.,_19.71 — TO: The City Council of tho City of Fort Collins The undersigned, being, the owner of the lands known as the Suring Creek Farms ;lncexation to the City of Fort Collins, Colorado, itcrc'.;r pctitions the City Council to continue the hearing heretofore scheduled for August 5, 1971, on an ordinance zoning said lands to August 19. 1971. The request for this, continuance is for the convenience of the owner of said lands, and the undersigned hereby agrees that notwithstanding the fact that because of such continuance the area annexed will not be brought under the City zoning ordinance within ninety (90) days from the effective date of the annexation ordinance, no building permit will be requested or shall be issued by the City for any building to be constructed on the annexed area until the sano is brought under the zoning ordinance of the City. Dated this Sth day of August, 1971. SPRING CREEL: PAR,MS, INC. C4p . . President /f ATTEST: rstC ry it L 1// Motion was made by Councilman Peterson, seconded by Councilman .Fead, that.this request be granted and the hearing of this matter be moved to August 19, 1971. Upon a roll call, all members of the Council voted in the affirmative. AGENDA ITEM 4C ORDINANCE NO. 42, 1971 BEING AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE CITY OF FORT COLLINS, COLORADO Motion was made by Councilman Fead, seconded by Councilman Peterson, that Ordin ance No 1971, be considered favorably on first reading, and ordered published this 5th day of August, 1971, and to be presented for final passage on the 26th day of August, 1971. a roll call, all members of the Council voted in the affirmative. AGENDA ITEM 4D RESOLUTION 71-70 OF THE, COU\CJL OF Till," CITY OF FORT COLLINS GI:\'ING NO'CI.CE CONCERNING; A PROPOSED ORDINANCE AMENDING CHAPTER 19 OF THE: CODE OF ORDINANCES OF THE CITY OF FORT COLLINS, COLORADO, 1958, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE, IN ORDER TO CLASSIFY FOR 'ZONING PURPOSES CERTAIN PROPERTY BEING ANNIiXRD TO THE CITY OF FORT COLLINS WHEREAS,' heretofore the City Council of. the City of Fort Collins i-nitiated annexation procedures for certain property known as the Spencer Fifth Annexation to the City of Fort Collins more particularly described in the "Notice of Public Hearing" attached hereto, and 42, Upon 274 August 5, 1971 WHEREAS, the owners of said property have petitioned that said property be included in the R-P, Planned Residential District; and WHEREAS, the Planning and 7_oning.Board has made a study of said zoning request and has held a hearing and has made a report and recommendation thereon, all it, accordance with Section 19-46 of the Code of Ordinances of the City of Fort Collins, Colorado, 1958,.as amended, and WHEREAS, the City Council desires to hold a hearing on said zoning request as required by said Section 19-46. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that August 26, 1971, at 1:30 P,M,, or as soon thereafter as the matter may come on for hearing, in the Council Chambers in the City Hall of the City of Fort Collins, is hereby set as the time and place for a public hearing on said zoning request; and _ BE IT FURTHER RESOLVED that the City Clerk is hereby instructed to ,publish a notice of said hearing as provided in Section-,19-46 of the Code of Ordinances of the City of Fort Collins, Colorado, 1958, as amended, in the form attached hereto. Passed and adopted at a regular meeting of the City Council held this Sth day of August, A. D. 1971. #40,r � y ATTEST: City Clerk Motion was made by Councilman Peterson, seconded by Councilman Fead, that this resolution be adopted. Upon a roll call, all members of the Council voted in the affirmative. AGENDA ITEM 4E ORDINANCE NO. 43, 1971 - BEING AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE CITY OF FORT COLLINS, COLORADO Motion was made by Councilman Fead, seconded by Councilman Peterson, that Ordinance No. 43, 1971, be considered favorably on first reading, and ordered published this 5th day of August, 1971, and to be presented for final passage on the 26th day of August, 1971. Upon a roll call, all members voted in the affirmative. AGENDA ITEM 4F RESOLUTION 71-71 OF THE COUNCIL OF THE CITY OF FORT CO1 J.NS GIVING NOTICE CONCERNING, A PROPOSP'D ORDINANCE. AMENDING CHAPTER 19 OF THE CODE OF ORD1NANCE,S OF THE CITY OF FORT COLLINS, COLORADO, 1958, AS AMENDED, COMMONLY KNOWN AS THE 'ZONING ORDINANCE, IN ORDER TO CLASSIFY FOR ZONING PURPOSES CERTAIN PROPET TY BEING ANNEXED TO THE CITY OF FORT -COLLINS WHEREAS, heretofore the City Counci.l. of the City of Fort Collins initiated annexation procedures for certai.n property known as the Strachan 270 August 5, 1971 Second Annexation to the City of Fort Collins more particularly described in the "Notice of: Public Hearing" attached hereto, and WHEREAS, the owners of said property have petitioned that said property be included partly in the R-M-P, Medium Density Planned Residential District, and partly in the H-B, Highway Business District; and WHEREAS, the Planning and 'loning..Board has made a study of said zoning request and has held a hearing and has made a report and recommendation thereon, all in accordance with Section 19-46 of the Code of Ordinances of the City of Fort Collins, Colorado, 1958, as amended, and WHEREAS, the City Council desires Eo hold a hearing on said zoning request as required by said Section 19-46. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that August 26, A. D. 1971,at 1:30 P.M., or as soon thereafter as the matter may come on for hearing, in the Council Chambers in the City Hall of the City of. Fort Collins, is hereby set as the time and place for a_public hearing on said zoning request; and BE IT FURTHER RESOLVED that the City Clerk is hereby instructed to publish a notice of said hearing as provided in Section 19-46 of the Code of Ordinances of the City of Fort Collins, Colorado, 1958, as amended, in the form attached hereto. Passed and adopted at a regular meeting of the City Council held this Sth day of August, A. D. 1971. �ffAyor , ATTEST: City Motion was made by Councilman Peterson, seconded by Councilman Fead, that this resolution. be adopted. Upon a roll call., all members voted in the affirmative. AGENDA ITEM 5A NOT PRESENTED AGENDA ITEM 5B RESOLUTION 71-72 OF THE COUNCIL OF THE CITY OF FORT COLLINS DETERMINING THE NECESSITY OF WIDENING DRAKE ROAD AS THE SAME IS DESIGNATED IN THE GHENT SUBDIVISION, ACCORDING TO THE RECORDED PLAT THEREOF. WHEREAS, heretofore there was presented to the City and approved by the City a plat of the Ghent Subdivision, which plat was thereafter filed and recorded in the office of the Clerk and Recorder of Larimer County; and WHEREAS, said plat designated a 20 foot strip along the North boundary thereof as Drake Road, Which 20 foot strip so designated abuts 276 August 5, 1971 Drake Road as the same existed before the date of said subdivision plat; and WHEREAS, the statement of ownership, subdivision and dedication contained on said plat states that Drake Road, as shown on said plat, is not dedicated but is reserved for a period of twenty (20) years from the date of the plat and that if the City determines that it is necessary to widen Drake Road, so much of the area as is needed for street, gutter, sidewalk and lights shall thereupon be deemed dedicated for such purpose; and WHEREAS, the City Council has accepted a report from the City Administration regarding the need to enlarge Drake Road and has made a deter- mination as to the necessity to widen the same. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the City Council hereby finds and determines that it is necessary to widen Drake Road as the same adjoins the Ghent Subdivision, and in accord- ance with the provisions of the statement of ownership, subdivision and dedica- tion contained on the plat of the Ghent Subdivision, the City Council hereby finds and determines that it is necessary to acquire the 20 foot strip desig- nated as Drake Road on the plat of the Ghent Subdivision for the purpose of installing street, curb, gutter, sidewalk and lights in connection with the widening of Drake Road, which improvements shall be installed on said strip. Passed and adopted at a regular meeting of the City Council held this 5th day of August, A 0. 1971. ATTEST:„t ' r yor The City Manager stated that if this right of way was not needed, this dedication will go back to Ghent. Motion was made by Councilman Peterson, seconded by Councilman Fead, that this resolution be adopted. Upon a roll call, all members of the Council voted in the affirmative. AGENDA ITEM 5C RESOLUTION 71-73 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPOINTING DARYL GLASSER AS A MEMBER OF THE ZONING BOARD OF APPEALS. WHEREAS, a vacancy now exists on the City Zoning Board of Appeals by reason of the expiration of the term of J. Morris Howell on said Board; and WHEREAS, the City Council desires to appoint Daryl Glasser as a member of said Board to fill said vacancy and he has indicated he is willing to accept appointment to said Board. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Daryl Glasser be and he hereby is appointed as a member of the City Zoning Board of Appeals effective forthwith. Passed and adopted at a regular meeting of the City Council held this 5th day of August, A. D. 1971. /s/ Karl E. Carson Mayor ATTEST: Ls/ John Bartel 277 Motion was made by Councilman Fead, seconded by Councilman Peterson, that this resolution be adopted. Upon a roll call all members of the Council voted in the affirmative. INITIATED ORDINANCE ORDINANCE NO. 44, 1971 BEING AN ORDINANCE VACATING AN ALLEY IN BLOCK 51 IN THE CITY OF FORT COLLINS Motion was made by Councilman Peterson, seconded by Councilman Fead, that Ordinance No. 44, 1971, be considered favorably on first reading, and ordered published this 5th day of August, 1971, and to be presented for final passage on the 26th day of August, 1971. Upon a roll call, all members of the Council voted in the affirmative. AGENDA ITEM 6A BIDS - (9) - 50 KVA Transformers FROM: Mr. E. M. Kuppinger, Purchasing Agent Mr. John St. John, Associate Electrical Engineer, has evaluated the bids and all specifications have been met by the low bidder. The recommendation is that A. B. Chance Company be awarded the contract in the amount of $3,726.00. Respectfully submitted, /s/ E. M. Kuppinger Purchasing Agent Motion was made by Councilman Fead, seconded by Councilman Peterson, that the recommendation of the Purchasing Agent be approved. Upon a roll call, all members of the Council voted in the affirmative. AGENDA 6B BIDS - 114- Western Red Cedar Wood Poles - Light & Power Department Award being made on one (1) rail car, one (1) shipment basis. Mr. Warren Dalke, Supt. Transmission & Distribution, has evaluated the bids and all speci- fications have been met by the low bidder. The recommendation is that Poles, Inc. Hamilton Associates be awarded the contract in the amount of $4,955.58. Respectfully submitted, /s/ E. M. Kuppinger Purchasing Agent Motion was made by Councilman Peterson, seconded by Councilman Fead, that the recommendation of the Purchasing Agent be approved. Upon a roll call, all members of the Council voted in the affirmative. AGENDA ITEM 7A PLANNING & ZONING BOARD REPORT SUBJECT: #109-71. Consider rezoning petition involving approximately 2.0 acres from RL, Low Density residential zoning to REM, low density multiple family zoning. The Fort Collins Planning & Zoning Board consider this item at its August 3, 1971 meeting and recommends approval. Petitioners: Melvin Arlo Deines and Charles C. Lockman Location: SE 1/4 of Section 16, south of West Elizabeth Street, north of Montview Road and east of Hillcrest Drive. /s/Rick Cisar Acting Secretary Motion was made by Councilman Fead, seconded by Councilman Peterson, that the recommendation of the Planning and Zoning Board be approved and the matter be referred to the City Attorney to prepare the necessary resolution and notice of hearing. Upon a roll call, all members of the Council voted in the affirmative. AGENDA ITEM 7B 278 PLANNING & ZONING BOARD REPORT SUBJECT: #110-71. Consider rezoning petition involving approximately 1.2 acres from HB Highway Business zoning to MM, Medium Density Mobile Home Zoning. The Fort Collins Planning & Zoning Board considered this item at its August 3, 1971, meeting and recommends denial. It was the feeling of the Board that the existing HB zoning represents the best use of the property and that rezoning would contribute to further fragmentation of the area. Petitioners: S. J. and JoAnn Shipman and James H. Dittmar Location: NW 1/4 ofSection 2, approximately 1/4 mile north of Hickory Street and west of North College Avenue. /s/ Rick Cisar Acting Secretary Elery Wilmarth, Attorney, was present stating he would like to have the minutes of the last zoning Board reflect the true minutes of the Board instead of the views of the Planning Director, that the vote was 2-2 that one more member came later and voted against this rezoning, stating that the Chairman was not allowed to vote unless it was a tie. The City Manager stated the action on this matter was 3-2. Motion was made by Councilman Fead, seconded by Councilman Peterson, that the recommendation of the Planning & Zoning Board be approved. Upon a roll call, all members of the Council voted in the affirmative. AGENDA ITEM 7C PLANNING & ZONING BOARD REPORT I SUBJECT: #93-71. Consider Greenwalt Seventh Annexation involving approximately 10.10 acres with RL, Planned Residential zoning. The Fort Collins Planning & Zoning Board considered this item at its August 3, 1971 meeting and recommends approval. Petitioner: Poudre Valley Construction Co., Inc.; Harold H. Miller, President Location: N 1/2 of Section 30, west of the City limits, 150 feet south of East Drake Road and North of Nelson Lake. /s/ Rick Cisar Acting Secretary Motion was made by Councilman Peterson, seconded by Councilman Fead, that the recommendation of the Planning & Zoning Board be approved and the matter be referred to the City Attorney to prepare the necessary papers. Upon a roll call, all members of the Council- voted in the affirmative. AGENDA ITEM 7D PLANNING & ZONING BOARD REPORT SUBJECT: #106-71. Consider -plat of Sitzman's Second Subdivision involving approximately 0.37 acres with C, Commercial Zoning. The Fort Collins Planning and Zoning Board considered this item at its August 3, 1971 meeting and recommends approval. Developer: Austin W. and Rhoda G. Allison Location: NE 1/4 of Section 13, NW of the intersection of East Myrtle Street and Riverside Avneue. /s/ Rick Cisar Acting Secretary Motion was made by Councilman Peterson, seconded by Councilman Fead, that the recommendation of the Planning & Zoning Board be approved. Upon a roll call, all members voted in the affirmative. 279. AGENDA ITEM 7E PLANNING & ZONING BOARD SUBJECT: Consider amendment to the Rules of Prodecure of the Planning and Zoning Board The Fort Collins Planning and Zoning Board con sidered this item at its August 3, 1971, meeting and voted to amend Section 4. A. (1) of tie Rule of Procedure to read "...Regular meetings of the board shall be held on the first Mon day of each month..." and "...in the event the first Monday is a legal holiday, the meeting shall be rescheduled one week later..." Respectfully submitted, /s/ Rick Cisar Acting Secretary This matter did not require Council action. Councilman Lopez asked about irrigation ditches and what could be done about them. The City Attorney advised him that legally nothing can be done about them. It was stated that the ditches are cemented for safety. The City Attorney suggested to the Council that since there will not be a meeting August 12, 1971, because of lack of quorum, that they continue action scheduled for that week until August 19th. Motion was made by Councilman Fead, seconded by Councilman Peterson, that this be approved. Upon a roll call, all members of the Council voted in the affirmative. The City Manager stated he had received damands for a flood plains study and that it would be expensive, and includestwo citEs, Fort Collins 'and"Gr'eeley. He stated that this study would be of the Cache la Poudre River from the mouth of Poudre Canyon to the Platte River, that Larimer .County's portion of the study would be $5,500 and Greeley a little more. RESOLUTION: 71-74 The City of Fort Collins authorizes the Soil Conservation Service and the U.S.Army Corps of Engineers to do a flood plain study on the Cache la Poudre River. Approval is subject to the following: 1) the City of Fort Collins' cost is not to exceed $4,500.00; 2) a review committee will be organized including individuals appointed by the City of Fort Collins. The primary purpose of theReview Committee would be to review the work plan and various phases of the project as they are completed. 3) billing for the City of Fort Collins' share will be made during the calendar year 1972. August 5, 1971 Date /s/ Tom Coffey City Manager Motion was made by Councilman Fead, seconded by Councilman Peterson, that this resolution be adopted and the City Manager authorized to execute his signature to same. Upon a roll call, all members of the Council voted in the affirmative. AGREEMENT FOR PROJECT The City Manager stated that in connection with the building of the shopping center on the Spencer Farm, the Traffic Engineer has requested a double left turn bay at the entrance of this shopping Center, stating that the State Highway will construct this at a cost of $25,581.70. He recommended the Council authorize the City Manager, City Attorney, City Clerk and Auditor sign this agreement. Motion was made by Councilman Peterson, seconded by Councilman Fead, that this agreement be approved. Upon a roll call, all members of the Council voted in the affirmative. AGREEMENT THIS AGREEMENT is made and entered into this s day of 1971, by and between THE CITY OF FORT COLLINS, COLORADO, a municipal corporation, hereinafter referred to as "City", and EVERWEST, a partnership, hereinafter refer- red to as "Developer", 280 ==August 5, 1971 WITNESSETH: WHEREAS, the Developer has requested, in connection with the development of certain lands owned by it, a double left turn bay from State Highway #287 into the property being developed by the Developer; and WHEREAS, the City and the Division of Highways of the State of Colorado have entered into an agreement providing for the construction of such double left turn bay, a copy of which is attached hereto; and WHEREAS, the Developer has agreed to pay all cost incurred by the City under said agreement. NOW, THEREFORE, in consideration of the premises and the terms of the within agreement, it is agreed as follows: 1. In consideration of the City entering into the agreement attached hereto with the Division of Highways of the State of Colorado, the Developer agrees to pay all cost incurred by the City under said agreement. 2. The Developer agrees to pay to the Division of Highways of the State of Colorado, the amount owing by the City.pursuant to the attached agreement on or before the date the same is due. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be signed the day and year first hereinabove written. ATTEST: �r City C erk - CITY OF FORT COLLINS, COLORADO EVERWEST, a partnership i 0 � y Motion was made by Councilman Fead, seconded by Councilman Peterson, that this agreement be approved. and the City Manager be authorized to execute his signature to same. Upon a roll call, all members of the Council voted in the affirmative. Councilman Fead expressed his opinion in that the position with the CODE was very frustrating, that the Council try to raisethis money with personal appeals and that he would give his support of the project, both morally and financially. Councilman Lopez asked that the City Manager try every possible way to help these people in this endeavor. ADJOURNMENT: Motion was made by Councilman Fead, seconded by Councilman Peterson, that the Council adjourn. Upon a roll call, all members voted in the affirmatiye and the Council adjourned.