HomeMy WebLinkAboutMINUTES-09/03/1970-Regular325
MINUTES OF A REGULAR MEETING OF THE COUNCIL OF THE CITY OF FORT COLLINS, Held
.ursday, September 3, 1970, at 1:30 o'clock P.M.
Present: Councilmen Carson, Lopez, Chilton and Kruchten. City Manager Coffey,
sistant City Attorney March and Director of Public Works Liquin. Absent: Councilman
-oxell, excused.'
Mo;.ion was made by Councilman Lopez, seconded by Councilman Chilton, that the
tiding of the minutes of the last regularmeeting held August 27, 1970, be dispensed with.
11 was called resulting as follows: Ayes: Councilmen Carson, Lopez, Chilton and Kruchte%-
lsent: Councilman Troxell, excused. Nayes: None. The Mayor declared the motion adopted.
The following proclamation was presented:
WUER AS,
WHEREAS,
EREAS,
Y1li-.EP,E.4S,
EXECUTIVE ORDER
PROCLA?<1ATi ON
MED1CAz ASSISTANTS `:adEFK
Scpt�.rr_er o - 12, 1970
tis Co(ora-o Aszoriaticn or j-A.diccI Avsi: arts Is a non --profit and
non -union o7^ n;_T.Ctlo 1, inco po,-at-Jd by the State of Coioaodo and 1
received its : h.Rer in San Frenzisco, Culiforn': in 1957 frorrthe i
American A.s,�jciction of e'vledicoi Assistants; and is tNe only oryon-
izaticn \;'i1iC11 is r:c.nized end silonsora d by file Amariaan Medical
A�.,'„ ci-tio%n, t'13 StIc, "s�t^.:.'i ^,71 Socfeiy compon1 nt soci Cti.;; '
end
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the Assicic-No 1 pro•ndes un crstenoing and coo tration b 3tw9Gn tnc
phySicicn C-nJ, [Its :5:is:C114 CnJ CS315ts . cl^m:'a Jtatr; i!'.CC�1F'-51
Socisty cn] li3 Co.-ponnt : Ci ..ti C� .•its pro!-jrfor the advance-
-m5nt of nei"CJn3 and C b!ic
the l.al�iv`=ta A:47,^,1_:tlCll • �tLU�al A;;1SiC. is unires in on or�,cr1 ::klon
tn'J$� 7�rsonS \': }�� %.'(�- r. �7 w:J in oiiices of of tia C ol-,r-eo
Socnd h0:0. BOIS occred:ted by the American
iAediical �\;,rioii n; end
it InSklt--J,es t%- ean..;1rQS Cr1= tns cual1 ications of VeCa cl Assli
0 Xis
nd ir%;aira; its _.. �^ t: ' C ors � ran-r l7or%c:i,�lC7Ci an i11vr� lei z.�li
stir Vic^s to ii15 Or ;r c5>iOn and k1 = PNbIiC \Y^.ICI lhv 57rV ; and -
i
if HE tAS, 6.3 A.s.7ci'nion reni-rs educational C'no, infcr.,.nli V-3 s?i'rlces to. its
Grid rrO ;t ,it?$, p."73eC t5 4nCi m4 lrltCli:S th ^. qIFCliiy..Of- I
mei ber:iip and dl.;inckicn to Eh2 Arts of "-Tence Ind i,1edlicine, it
and pro-ioi--::3 and moint.7ins, Wi ih X%t ressor io itrik58 or CO=rC1V9
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raeasur Ito t:7a advancamenr cn. i clgrlty of the Socisty; are
WHEREAS, - the of LA ediccl ASSijt_nks un,)` 3 W11% si:7iltar.
ar Oin ZC tlCrS in oiA2r Stntc$-aanti Terrlt--Nos of ii ? Uiit.= Slates to
form the Am, rican A:. ickiC l of _, Ci .Assfs Znts;
NC ;r, TH_. rO,_,'1, Jo n ,. pare, ., o na Src%a of ol~ ., .: rcuo. co '7:ar r
326
3�p .3^ ljyr
The following ordinance was presented on second reading:'
ORDINANCE NO. 47, 1970
BEING AN ORDINANCE RELATING TO THE CREA•II-ON AND ORGANIZATION OF STREET LIGHTING IMPROVEMEiT
DISTRICT No. 3, PROVIDING FOR THE CONSTRUCTION OF IMPROVEMENTS THEREIN, AND AUT HORIZING
01
THE ISSUANCE OF BONDS TO PAY THE COSTS OF CONSTRUCTION THEREOF
Motion was mace by Councilman Kruchten, seconueu by Cuuneilman Lopez, than
Ordinance No. 47, 1970, be adopted. - Roll was called resulting as follows: Ayes: Council.
men Carson, Lopez, Chilton and Kruchten. Absent: Councilman Troxell, excused. Nayes:
None. The Mayor -declared the motion adopted.
The followinG ordinance was presented on second reading:.:`
ORDINANCE NO. 48, 1970
' BEING AN ORDINANCE AMENDING SECTION 19-30A OF THE CODE OF ORDINANCES OF THE CITY OF FORT
COLLINS, COLORADO, 1958, AS AMENDED, RELATING TO PARKING IN THE R-L-M, LOW DENSITY
MULTIPLE FAMILY DISTRICT
Motion_ was made by Councilman Kruchten; seconded by Councilman Chilton,< w
that Ordinance No. 48, 1970, be adopted. Roll was.•.called resulting as follows: Ayes:
Councilmen Carson, Lopez, Chilton and Kruchten. Absent: Councilman Troxell, excused.
a
Nayes: None. The Mayor declared the motion adopted.
The following ordinance was presented on first reading and read at length:
ORDINANCE NO. 51, 1970
BEING AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF FORT COLLINS BY CHANGING
THE ZONING CLASSIFICATION FOR CERTAIN PROPERTY
After discussion on the use of the building, parking, etc., motion was made by
Councilman Kruchten, seconded by Councilman Lopez, that Ordinance No. 51, 1970, be con-
sidered favorably on first reading and ordered published this 3rd day of September, 1970,
and to be presented for final passage on the 24th day of September, 1970. Roll was called
resulting as follows: Ayes: Councilmen Carson, Lopez, Chilton and Kruchten. Absent;
Councilman Troxell, excused. Nayes: None. The Mayor declared the motion adopted..
The following ordinance was presented on first reading and read at length:'
ORDINANCE NO. 52, 1970
BEING AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF FORT COLLINS BY CHANGING
THE ZONING CLASSIFICATION FOR CERTAIN PROPERTY
Motion was made by Councilman Chilton, seconded by Councilman Chilton, that
Ordinance No. 52, 1970, be considered favorably on first reading and ordered piblished this
3rd day of September, 1970, and to be presented for final passage on the 24th day of
September, 1970. Roll was called resulting as follows: Ayes: Councilmen Carson,
Lopez, Chilton and Kruchten. Absent: Councilman Troxell, excused. Nayes: None. The
Mayor declared the motion adopted.
The following ordinance was presented on first reading and read at length:
ORDINANCE NO. 53, 1970
BEING AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF FORT COLLINS BY CHANGING
THE ZONING CLASSIFICATION FOR CERTAIN PROPERTY
Motion was made by Councilman Lopez, seconded by Councilman Chilton, that'
Ordinance No. 53, 1970, be considered favorably on first reading, and ordered published Y:
this-3rd day of September, A. D. 1970, and' to be presented for final_ passage on the`24th dai,,,-
of September, A. D. 1970. Roll was called resulting as follows: Ayes: Councilmen �.'
ss^
Carsson, Lopez, Chilton and Kruchten. Absent: Councilman Troxell:, excused. Nayes:
The Mayor declared.the motion -adopted.
e
September 3 1970
The following resolution was presented and read at length:
RESOLUTION, 70-88
OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING
h�MJ DIRKTISG THE CITY ENGPIE-ER TO `•' K-E TUE ?dt:CESSARY
SURVEYS A:ND PREPARE THE %kPS. PLANS AND SPECIFICATIONS
AND ESTIM1AMS Or" COST FOR A PERA3LANT I'V-K0V1:'iF.%`T
DISTRICT, TOGETHER WITH A SCHEDULE OF ASSESSMEKIS FOR
THE PROPERTY IN SAID DISTRICT FOR THE PURPGS' OF
CREATING A Pr, ,''•t.A.\EyT I`dF^• OVIEMENT DISTRICT
rHEREAS, the o-uners of lore than one per cent (1%) of the.
property to be assessed for the same have petitioned the City Council
under the provisions of Chapter IS.of the Code of Ordinances of the City of
Fort Collins, G.Aoradc, 1958, as amerded,..elating to local public improve-
ments for the organization of a perra-e :t Lm-Jr0VC7;!ent district within the
property describe on Exhibit A attached hereto for the purpose of installing
a sanitary secear lire; and
WHEREAS, Said petitions Were duly received by the City Council
and duly referred to the City E*3inear for th.e purpose of checking the
same trig! re5poct to compliance with isle requi^e<7ent5 and provisions Of
I
said Chapter 15; and
Wi RLS.S, the City Er.Sineer has reported that- Said petitions to
CC ply } itn S1Ch T_k'vui'e�e:lt$ anti pY0Y1SlOn5 and that the owners 0_`1 the
r quired a.-.ount of property have legally and properly signed such petitions.
SOW-P V41PEFORE, BE .IT PESOLVE7 BY T:i= COUNCIL OF THE CITY OF FOR
COLLI\S that the City En.jinear be and he hereby is authorized, empowered
and directed to make a co2plete survey of the proposed district for the
purpose of preparing a nap, plans and specifications and an estimate cf
the cost of said .m.proveme nts in said district and the a:uount to be
i assesse tb the respective properties located in said: district, said
district to co_Yrise and in•�1u32 the lots and blocks and lands spithin the
area described on Exhibit A attached hereto and with such assessment to be
:add upon all of the Taal estate'in the district in proportion as the area
of each niece of rei estate in the district is to the area of all the real
estate in the distri:t, exclusive of streets and alleys, which said work,
i!-,711, W"r; all con,I-:ie:li 5^eedr.3? reportei to the City
t
Council for '.1)7: i?=' •action for the puryoae of Or, whiting Said distr'.C'.:
0�8
as provided by law -and providing for the construction of the permanent }
irprovesents therein in accordance with said plans and specifications.
Passed and adopted at a regular meeting of the City Council hold
this 3rd day of September, A. D. 1970. '• IV
_ � k
ATTEST:
City Clerk• '
Motion was made by Councilman Kruchten, seconded by Councilman Lopez, that this
resolution be adopted. Roll was called resulting as follows: Ayes: Councilmen Carson,
Lopez, Chilton and. Kruchten. Absent: Councilman Troxell, excused. Nayes: None. The
Mayor declared the motion adopted.
The following report was presented and read at length:
TO: To Coffey, City tanager
THRL': Charles Liquin, Director of ?ublie S'o-lks
FRO : Roy A. Bing=- :, City Za0-_eer
RE:.• Amended Report of Coasolidated Sanitary Sewer '-prove=ent
Diszr- c` No 54
T:.e City Council has ?_2viously referred the petitions recaiv2d
for the sanitary sewer. i=provt2at district to the Lngin22ri :g 'L2part=2nt
for the necessary surveys, plans, specifications aad cost esti.-aces.
In addition to the City owned land which consists of 24 percent of
the total area, 24 percent of the area is located outside of the City
and petitions affecting 13 percent of the total area have been received
requesting sanitary sewer to serve properties located oa tine following
streets:
Taft Hill Road from 743` north of Laporte Avenue to a point
1172 feet south of Laporte Avenue. (Oak Street extended)
,
. Laporte avenue from Taft Hill load to ?enasylvaala avenue.
Pennsylvania Avenue fro= Laporte Avenue to a point 351 feet
north of Laporte Ave-nue.
It is reco= ended "at the properties abutting the above streets'
be included in Consolidated Sanitary Sewer Lmprovesent.District 'No. 54;
it is -also reco:nanded that the benaf�Lted area'for _assessment purposes
be united to 150 feet of proparty depth.,
Tile Cost est==ata for ....a dis Z: rict i5 as Follows:
Assessable area: 699,533 SC..
Total,. esti-mated co:st_uctio : cost: $32,07400
.";
Esti-aced construction cost per square foot
of assessable area: 40.C4'Sa5'.
Esti:iated-cost per square foot of assessable area
+. (includiag 17%): $0.05_�65
T•J ;1=u.2C Cityx?enses -
:
I
l
city Cemetery 2rOatag2 Oa Taft �:il d: 3oa_
$ 9.107.CG
City cost for three properties with _low $ 3,877.00 -
assessed valuatioas:
Property located outside city:
Total estimated City Cost: $22,118.00
Three parcels of land i'ia the proposed district have a proposed
-assessment Which sUbstartio'i1Y exceeds One-half of the property`,s'
valuations. Since Section 15-70 of the Code of Ore.iaalces limits the
amount of the assessment to one-half of the property's valuation for
assessment for genera! taxes for the year preceding, it is recommended
that the City pay the cost of the assessment as provided for.in
Section 15-55E of the Code of Ordinances. The estimated city cost
of $3877 is listed above. It is also recoL-z.:ended that w:.ea any of
the three properties COrn2Ct tO t1e saatary sewer, that each owner-
the
required to pay -,-a assessable a"our.t which the City previously
paid. Provisions, for -eSolving assessments in a similar manner,
are made ir. Section 34 of Sewer Ordinance No. 17, 1905, which enables
the City to ?ay the 2ssessments for areas lying outside the City`ana
then requiring the owners to reimburse the City the amount of -the
assessIt, at such time as they connect to tn2 sewer. It is fllY.theY +
recor:.mended that the City pay the estimated cost of Section for the.
properties outside of the City, as provided for in Section 34 of ,
Sewer Ordinance So. 17, 1905.
In order to proceed with -the im?rovement:district, it is necessary
for the City Coaacil to adopt the pleas, specifications, the cost
esti-ate for the district, and to ?ablish the aOt1Ce Of the diStYlCt.
It is also necessary t0 provide nor '.n2 aO-i.:iStrat-Ve on 2:3e5 O�
processing the district. rae fo-:.oW n$ are rec0 erded ?2rce ales Of
the.total cost to cover each portion of t:.e expe;.ses:
Engineering: 6%
Legal &Publications: 2%
Interest during Co'.structio:: 4%
Coilectior. a.:d Cer tificatioa
to County: S%
TOTAi 17%
In addition, the Cou., must set fort'. the pe iod Q-v w ch e,
cost of the. improvement ray 02 Paid and the rate Of iI1t2�st aich will
be carried with the insto i,-ent5, it is reCO ianGed t..aa't42 �nstai-
lments be spread over tan years Wit:. an interest charge of:.-A.•,2erceat
per anaum.
Reso er.ful y�su�ed,
Roy A. �,Ingran.
City Engineer.
The followingresolutiwas presented and read at length:
5=v,u.IC=, 70-89
OF THE C)UN'CIL Or" T115 CITY OF FORT COLLINS .4DoPTING THE
RnP^vRT GP T i" CITY E IGIINHR 03 ,` E ESTIMATED COSTS At4C
ASSESSME 'TS FOR SANITARY: SEi4ER P--PROVE-M :.d; DISTRICT 190.
5$ AND AFPt^•.vt'F."iG THc DEiA_TLS AND
SpiCIF'Cr+C,10NS FOR THE
SAIME, DE'1.;'fiIAI ING THI NUM3_zR Or !NSTr"_LUM 1 S AND THE
I'iaf WiT,tI?+ itciICH -COSTS SHALL BE PAYABLE, iF -,AXE OF
INTEREST TO BECI AAGEO ON UNPAID Tti i4Li E iTi. AIM THE
P;ZOPMY TO BE ASSESSED, FOR THE SA'•i , A-z'D-AUTHOR_1Zl�u
TES P1S .LICA.TION' AND NIATLIENG OF NOTICZ TO MEL 0, N =RS OF
ALL ITHAL E'ST TIE M SAID DISTRICT TO BE ASSESSED AND TO
Cx C: i
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330
WILER,EAS, Iheretcfere the City Cow.cil by resolution directed tar,
P:
City Engine_- to make a complete,s+srvey of proposed Sanitary Sewer Improve-
ment District No. 54 for the purpose of preparing a clap, plans and specifi
-',atiGLS iYa.'. In 53iLL di5LTlCtjai:U
WH2REAS, the City Enginear has nade his report of the estMated
costs and asses<_3enis for said district and has presented the details and
specifications for the sama.
NOW, TH REFOP BE IT R:,50"LVED BY TH:- Cok,11T.IL CF TIES CITY OP FORT
COLLINS that the report and details and specifications as presented by the
City Engirear fop said Sanitary Sewer L^provcs.nt District No. 54 be and '
the same hereby are accept and adc;ted; and
That the assess en's for the cost of installing the improvements
in said district will be ma3e u^on all of the real estate in the district
in proportion as the a-rea of each piece of real estate In the district is
to the area of all the real estate in the district, exclusive- of Streets
and alleys, all as previdcd in Section 15-53(c) of the Code of Ordinances
of the City of Fort Collins, Colorado, 195s, as amended; and
That said essesSvOnts shall be payabl? in ten (10)-e:lral annual
installWents with interest or, the unpaid ?nstali^ents at the rate of six
per cent (53) per nLii::a; and that th'a esti-ated costs ar_d assessments, Mai
of the district, sci:e�ule showins i._e approximate amount to be assessed Per
square foot i or. the several properties, in the district,all as presented.
by th7 City ERaineeF, be .w a tLe sa-''ie hereby are accepted and adopted; and
that Thursday, Octoba� 15, 1970, aw t%_ hour cf 1:30 o'clock P.M., 0_: as
SOGn theIIfter as tl1e matter my come on for hearing in the Council,
Chambers of the Cifv Hall, City of Sort .Collins, is the date on which that
Council of :'see Ci ,v )f Fort Co13.ns In consile: ordering by ordinance the
propo3ed 1- :avenents and has-, all co^plaints and objections that may be
filed it fj7jtil:r O i:C rS i::E tie propnsvd im ro` vents by the Miners of any
real estate to oe aose,sed or any ear<cns interested in the same; and
That tine C4- �1erl; be and he hereby is directed to give notice`
a JJ -o .-tie v..: :J_S. Jf proncrty to be assess-d and all -
iatU:...... a _.. .� ✓..i °.. YJ . It .. .: _ O� .n IT _ _ .tiOn 1S-',T of Lille Cede .p
�r%i l^,+e, r �. Cg"Zy pi :•9n', L,J.1i ns Color;;:'_:. .1453 as =endad.
o nan, ei ..tv 9 3 ,
Pa sed an'.i.: joDtrK at a re.- laar m''_L rilig of th City CofinC. -�ri hY+=d.
L is 3z' 'd--y i, ''�. �.c. `...., Z. D. lam'%.1. r&
331
September 3, 1970
OWN
NOT ICE -
;' TO THE OMERS OF PROPERYY_TO BE ASSESSED 1.�; SANITARY 1'LPROY: NT DISTRICT
NO. 54 UND TO ALL iLryiERESTEO FER50riS OF T1L KI?bDS OF niP2UVL6iE\ S i'RUPOSED, THE
HI F O SPR v n
NUKBER OF INSTALLMENTS AND THE TIME IN F?.._C11 T11 COSTS 0'r SUCH Ir....UvEMENTo WILL
< '
BE PAYABLE, THE ROTE OF INTEREST TO BE PAID ON L'TAID INSTnTLMYENTS, THE EXTENT
• OF THE DISTRICT TO BE IMPRCVEU, THE P OBI,SLa COSTS A,D T :z iLs'.XI COSTS PER
.ttYiCit1Cv�h2L Nilt2DiNuEJJARZGOI a IGi
THE PROPOSED I' PPOdE!1t•`,iAMS AHEAR COMPLAINTS AND OBJECTIONS, AND THAT A :•LAP OF
TH3 DISTRICT AN DY1riILS CONCE R T" G THE SMIM ARE 0`i FILE AND CAN B? cEEN IN THE
CITY CLERK'S 09FICE
Pt0lic Notice is hereby Eiven to persons interested and to owners of property to be
assessed in Sanitary So:tar I:anrcvemar.t District Nz. 54 that the kind of Improvements
proposed for said district is tide installation of sanitary sewer lines; and
" That the cost o_` said i:proveD,ests as aSGSS it •vi11 be.payable in ton (I0� equal
annual installments and that the rate of interest to be paid or: un,aid and deferred
installments will be s_,x -e-1cent CCi) new 2_.1_toi and ti$at the e'ctent of the-d'.istrictto be
_
improved is as follows:
Commencing at the intersection of the centar line of Taft Hill Road and tho center
line of LaPorte Avenue; thence easterly alor;; t-e center liee of LaPorte Avenue
180 feet; thence southerly and parallel to the center line of Taft Hill Road.
1161.60 feet; thence vest rly asd r. —' of to c- ter line of LaPorte Avenue ;
180 feet to the canter line of Taft Hill Road; thence southerly along, the center,
r
line of Taft Hill Road 30.9 feet; therce :*asterly and parallel to the center line
_
of LaPorte Avorla 180 feet; thee:ca northerly and parallel to the center line of
Ta.°t Hill Road 1021.5 feet; the:4e waste-ly and p::rr_liel to the center line of
LaPorte Avenue 207.8 feat; tl:i^cs northerly and parallel to the center line of
Taft Hi11 Road 180 feat to the censer liar of LaPorte Avenue; thence tte<4=rly
along the center line of LaPorte Aver:la 9>0 feat, exre or less, to the easterly .
line of Ne;9 It.ercer Clonal; the. �:a porn rest.riy.alon3 the easterly line of the New
<
Mercer Carl 215 feet, Tore cr 1_ss, to a point which dies 175 feet west of the
center line or °e nsylva-aila thence nor_herly.and parallel to the center
C line of Pennsylvania Avenue 1 9 f*ct, nore or less, to a point which lies 330.8
-feet north of the center la' t� of LaPorte van.e; te^:e easterly and parallel to
the center lire of -LaPorte Averse 550 fee: to the center line of <,st Full Road;
thence sDutY:3riy .long the cen: line of Ta=t hill ;cad 3&0.78 feet to the poirt
F of beginning; in the City of Fort Collins, Colorado;
and that the probable cost For said district as sho-:.i by the total st «te o� the City
Engineer is s_32,074 00ex-_rs" - otea cos": of collection, 'e,al and advertising
onginearin3, fs..�.... interest and other incidontais; and
.
,
That to said cost still be adde.l =, 3a„unt e•:1.,ad to seventeen Crpcent (17', of sue h `
cost to co'rar the, e_:ra.+se of colla._:cn, legal =1 zd ertis_:t , engineering, fi;aancing,
[ interest during construction, and othe ircidentals; and
k
That assassaeats for -ha cost of ss:ch zmprovc?ments will be made upon all the lots a;.d
lands in tSe c'_istricti , cso ' .n as the sr a of as. yaeve of reel estate a,, the dlrtaict
is to the eras of all re-1 estate in the district, exclusive of streets and alleys; all as
pr.v'd- __. 3ecti�rt 15-53(cj .s _._ Cole Or .__roes of the City of Fors Collins, Colo--
ra:do, 1958, as a -ended; an3
That t`:e a cost re square feat, oxclusive of t:.s cost of collection, legal rend
eY�t.Er n�re_: durinor con^rtiona and other maid--ntals,adtiertisi;: in int•...
'�
is_a�585 — an:i
T_3t ?i:ar ::may, uk'Uabl-r 15, 197'G, at the 1-our of 1'30 o°clock P.M. in the Council
'!
{ CnaL'�ers in Cite ,tali, Fort Cc11}ns, Colo_sAo, is thei dale tl:eat' the City Cvurici! will
e_,.__ .. t`•_, o;derlra by ordi.niis . G ,. a �•S o=. ant; an4 Rill Ge^r `_I c ;l ints
tat n;ay be gad: and ___. .. -.:t oy t':e u'•,a era of any 't='-1 n. '�' to
be...y 0 to'>lectionn. w111 b.• -Cs,
{.,,�.1 .tiJ i.... J"�.'—',"= .. Made In v�r?tll.�'a .._ a ra t.i:. Lr •f3L:�' Ei tiu^uy Ye sty Clerk in'the L,.t�
Hall b-for Salad e, and
That a mao of its c' ''_._ et and-,Gtinat..s Or co^: t> schedules 51h0
pa Sll�Ui.e >..,.r_ to be a_ ds ^rz t� o �.'teral IetS oa 1 •' x_.d saithln the: ii ..'r of
wn
8i1 1� _ -i::CAS O%- ..it... C L✓.:i .. _�. `:at r.:il2a s a..1 i iilQi and Cttn be peen -aura
i
t!2' Ci ty Clubs Office dul-I , bi sir es!j notirs at Ca nv t te'before :aid
DatC�4 at wort Collins, C•I_c-ado, this 3-ti ds,' c-f Septu;,ber, A D. 1970.
,.
-x r
. .f .... r.a _
33
Motion was made by Councilman Lopez, seconded by Councilman Chilton, that this
resolution be adopted. Roll was called -resulting as follows: Ayes: Councilmen Carson;-
,
_Lopez,,Chilton and Kruchten. Absent: Councilman Troxell, excused. Nayes: None. 1Le
n`-Mayor declared the motion adopted.
Z The following resolution was presented and read.at length: '
-ate— - - -
RESOLUTIG3 70-90 h
OF THE COUNCIL OF THE CITY OF FORT COLLINS AU11HORIZING d
THE CO' AC UISITICA CF CERTAIN LANDS AND THE Q CONSTRUCTION
O;Y SAID LA?,'DS OF A 230 KV SWITCHYARD AND SUBSTATION FOR
THE CITY ELECTRIC UTILITY.
WHEREAS, it is necessary that the City of Fat Collins construct X. R
in connection with the City electric utility a 230 KY switchyard and
s .
3
substation; and
WHEREAS, a study has been made and as a result of said study it -
has been-ecommerded that such switchyard and substation be constructed
on the lands described in Exhibit A, attached hereto; and
Vj"HEREAS, the City Council has determined that it is necessary
to construct said swl tchyarl and substation and -that the same should be
I
constructed uoon the lards described on Exhibit A;
i
?1014, TXEi EFORE, OF IT RESOLVED BY Tr,'c C0U•'!CIL OF THE CITY OF
FORT COLLI�iS that the City sh3li construct said 2301 KV switchyard and
substation and the sane shall be constructed on the lands described cn
Exhibit A attached hereto; and
BE IT FURTHER RES LV_0 that the City Attorney be and he hereby
is authorized and directed to cl=ance the necessary procee:ines to
acquire tha lands acquired on Exhibit A by condvnnation, since .it is not.: +
possible to negotiate a purchase of said site.
Passe,' and adopt-d at a regular meeting of the City Council
held this 3rd day of S ntember, A.D. 1Q70.
Alvell,
�a or
ATTEST:
J
Motion was made by Councilman Chilton, seconded by;Councilman Kruc;,ten
i�his
resolution be adopted. Roll was called
resulting as follows: Ayes:
Coun
Carson, Lopez, Chilton and Kruchten. Absent:
Councilman Troxell; excused.
N
The Mayor, declared the motion adopted.
The appl"ication for a service station
by Wayne Schrader,.
F�
'✓ i .F
S4 '. yF°
33�3
= Y
The application for a service station by Wayne Schrader, which was tabled from
?August 20, 1970, was again presented. Motion was made by Councilman Kruchten, seconded by
Councilman Lopez, that this be removed from the table. Roll was called resulting as follows:
Ayes Councilmen Carson, Lopez, Chilton and Kruchten. Absent: Councilman Troxell,
excused. Nayes: None'. The Mayor declared the motion adopted.
Mr. Wayne Schrader was present and stated he wished to restate his position in
k the matter, that he pur:diased the property S years ago with a filling stating in mind, which i
was entirely dependent on the Councilas approval. He stated that under Section 9-22 of
the Code of Ordinance, there is no liiaitation on time, also that there were several objections
but would build something palatable to the neighborhood. In investigating Ordinance No. 31,
1970, he felt it best to reconfirm hs position on the site and that a service station is
p` about the only thing that will return the kind of money necessary on tins size of investmgnt
C
x. and stated he had nothing different to state. _
Councilman Lopez asked the Building Inspector if he had plans and also the Traffic
Engineer for a report. The Building Inspector stated he had no plans at this time. Mr.
Schrader stated he did file curb cuts, building locations, etc., which did conform to all re-
quirements. Mr. Joe Rice, Traffic Engineer, spoke on the traffic count, stating that ht has
increased 64% since the last report which is dated 1964, and has records on 20 accidents
in the last 7 months. Councilman Lopez asked if this corner has grown more than the area of
Mulberry and College. Mr. Rice stated that there was a natural growth at this corner and
could not be compared with a Federal highway
Mayor Carson asked what effect construction of a filling station would have.on
the flow of traffic, etc. Mr. Rice stated that with an increasein the number of exits and
entrances, there would probably be an increase of hazards. Mayor Carson stated this property
is high, if graded to street level, -could not change conditions. It was stated that the;
new Post Office building. will .increase the flow of traffic. There was considerable dis_
cussion concerning exits and entrances. Councilman Kruchten stated that since the Council
approved this station some time ago, he asked for the City Attorney's opinion. The
City Attorney stated there was no time limit, that the decision was up to the Council members.
Mr. Gene Fischer, Attorney, appeared and stated that his office is in the Savings
Building and overlooks this corner, that any other use is impractical because of location and
',.layout.
Bill Sears was present and urged Mr. Schrader to conserve as many of the trees
as possible.
Motion was made by Councilman Lopez, seconded by Councilman Chilton, that the
Council reaffirm the motion previously made. Roll was called resulting as follows: , Ayes
Councilmen Carson, Lopez, Chilton and Kruchten. Absent: Councilman Troxell, excused. Nayes:
None. The Mayor declared the motion adopted.
i
Motion was maae by Councilman Kruchten, seconded by Councilman Chilton, 'that the
City Attorney.prepare an -ordinance setting a time limit for service station applications. Roll
was.called resulting as follows: Ayes: Councilmen Carson, Lopez, Chilton and Kruchten.'.
Absent: Councilman Troxell, excused. Nayes: None.. The Mayor declared the motion
adopted. e
Mr. Joe Rice, the.Traffic Engineer presented a feasibility study on the possiblilty'
=of Bicycles lanes -to be installed.
aa.°} Bill Sears presented a petition 150 feet long with over 2000 signatures; stating
41
P?that proponents of this idea have been given copies of the report of the Traffic Engineer.'
He stated that the aparoximate cost would be $8,b00:00 per mile, that the City of Davis,
California was used as a base comparison. He stated that:the'suggested -method zs`for.u�ing
reflector lights that may be seen at night. He stated that he thought the cost is"justifiable
'.`and the proiect be put on a trial basis for a, year., that the exposure to auto traffic is
dangerous and with bicycle paths, the auto driver wouldworry less about the bike riders.
3 ',.Mayor
Carson stated that Fort Collins is different from Davis, Calif.,_ in that the climate
is different and asked about when the signs are obscured with snow. The City Manager
stated flat it is legal to ride bicycles on the sidewalks except in the downtown
.area, that four out of five would go out of their way to get to the paths. That
more older people would ride bicycles if they were not afraid. He stated it would
cost approximately $8,000 to paint stipes that would nnly last a year which would
be considerable expense just to try.
The Mayor stated that he thought the right way is to put this on a trial basis.
The City Manager stated that he was reluctant to spend i8,000.00 on a trial basis
and suggested that this be referred to the Traffic Engineer for further study and report
back before budget time.
Councilman KrLchten stated that the bicycle should be treated as a vehicle
and something should be done to ease the situation, since the Police are not issuing
tickets.
-
t
Chief Smith stated.his department issued over 100 tickets a month but has been
discontinued as the Court will not take bicycle cases. That they take them to the Juvenile
Department and the parents. He suggested they adopt a new bicycle traffic ordinance
by the creation of bicycle paths.
It was suggested that bicycle racks in the downtown areas be banned and placed
1
in corners of near by parking lots.
Richard Stevens, John Shyler, Dave Akin, Joan Smith, and Don McMillan all
spoke -in favor of the bicycle paths.
After more discussion, motion was made by Councilman Lopez, seconded by Councils
1
Chilton, that the City Attorney draft an ordinance for consideration at a later date for
1
bycycle: lanes in the City of Fort Collins. Roll was called resulting as follows: ` Ayes:
Councilmen Carson, Lopez, Chilton and Kruchten. Absent: Councilman Troxell, excused.
Nayes: None. The Mayor declared the motion adopted; It was the consensus of opinion
that we expand in this undertaking as the City grows.
The following communication was presented and read at length:
August 31, 1970
Mayor Karl E. Carson
City. of Fort Collins'
Fort Collins, Colorado
Dear Sir:
I hereby tender my resignation as a member of the Museum Board.
I have enjoyed my association of the members of the Museum Board and given
the chance to -assist the City of Fort Collins.
This becomes necessary -as I have accepted the part-time position of Museum
Curator.
Sincerely yours,
j
/s/ Arthur A. Anderson
Motion was made by Councilman Lopez, seconded by Councilman Chilton, that -this,
resignation be accepted and a.letter of appreciation for_ltis services be sent to Mr. -Anderson:
Roll was called resulting as follows: Ayes* 0:)uncilmen Carson, Lopez, Chilton and
"Kruchten. ; Absent: Councilman Troxell, excused Nayes: None. The Mayor declared
1
th emotion adopted..
-
i
K W A w, a 1.:' _ .. t .%, .. Y§K � is .u, +k ,�: ,.d t4ic .�% •Imy.'d
335
iAA, .I
The following supplement to the power contract was presented:
' EXHIBIT A (Revision No. 9)
1. 'This revised Exhibit A, made this 3rd day of September, 1970, to be effective
under and as a part of Contract NO. 14-06-700-6155, dated February 25, 1966,'as last amended
January 30, 1970, hereinafter called the contract, shall terminate and supersede exhi'uit A
Revision No. 8) dated March 17, 1970, shall be come effective with the beginning of the October
1970 billing F:riod, and shall remain in effect until superseded by another Exhibit A;
Provided, that this revised Exhibit A or any superseding Exhibit A shall be terminated by
the termination of the contract.
y r 2. The contract rates of delivery for firm power from the Missouri River Basin
Project shall be 9,500 kilowatts in the summer season and 18,350 kilowatts in the winter,
season, applicable at the Points of Delivery specified in .the contract.
3. The contract rates of delivery for firm power from the Storage Project shall
be 20,500 kilowatts in the summer season and 20,300 kilowatts in the winter season, appli-
cable at the Storage Project's designated delivery point_as defined'in the contract.
THE UNITED STATES OF AMERICA
By
Title Regional Director, Region 7
Address Bureau of Reclamation
B lb. 20 env r Federal Center I
en er, CoQoradeo
Corp: Seal CITY OF FORT COLLINS, COLORADO
Attest By /sl Mayor Karl E. Carson
, P. 0.. Box 580
/s/ City Clerk John Bartel
Motion was made by Councilman Lopez, seconded by Councilman Kruchten, that the
City Clerk and Mayor be authorized to sigh this document. Roll was called resulting as follows
Ayes: Councilmen Carson, Lopez, Chilton and Kruchten. Absent: Councilman Troxell, excused.
Nayes: None. The Mayor declared the motion adopted.
The Mayor declared the Council adjourned to convene as a Liquor Licensing {
Authority.
The application of The Hall of Fame Restaurant, Inc., for a Hotel or Restaurant
Liquor License, for the Point After Restaurant at 200 West Mountain Avenue, was presented.
Motion was made by Councilman Kruchten, seconded by Councilman Chilton, that the Hearing date
j
be set at 1:30 P.M., October 8, 1970, the bounndaries, etc., will be at the time'of the
Preliminary hearing, which according to regulations is one week prior to the final hearing.
Roll was called resulting as follows: Ayes: Councilmen Carson, Lopez, Chilton and'Kruchten.
Absent: Councilman Troxell, excused. Nayes: None. The Mayor declared the motion
adopted.
The Mayor declared the meeting reconvened back to Council.
The Assistant City Attorney stated that this was a hearing on a violationfor
selling 3.2% beer to minors and permitting minors in the Tavern at the Green. Onion, owned
by Elmer Peil, 162 Linden Street.
He called James Black, a Juvenile Officer to the stand and questioned him con-
cerning the violation in question. Asked if he was on duty the night of June 23, 1970 and
Mr. Black said he was. He stated that Jackl,awyer, a civilian was riding with him and he was
checking the tavern for anyone that was under age. He stated he identified himself and showed
his badge, and -told the girl, who identified herself as Chr2sta.Chappel to show her ID:
She told him she did not have to show her ID:and he told her that she would have to come with'
him. She told him she would have to get her purse. She walked back to the table with some
other people and ,into the rest room. He knocked at the door and shewould not come out. He
z`" told the Manager that he believed he -had someone underage in the rear room, i-Mr-. Black made
ce
,.a bar check, did not seethegirl and told her he was going to count to 60 and come in He
r ,
��zskedIL'riir. Lawyer to watch the door closely but she never came out. He called the dispatcher
j
C .. `.LT3\ff r,. ^:F w... ._. .. v s , _. .• . M '_ m _ 4`ncj .. .-. N .rI �i... _ .
336
for assistance, _they arrived and converged on the area.. They faund her in the 100.block of
West Mountain and recognized her immediately and took her to the Police station. He stated
she was not 16 and did not want to talk and wanted to call her parents. He contacted Dawn
Burgess and took a statement., Tina Jones was alsocontacted on Tuesday Evening, who ,was in
the tavern with Christa. He stated Christa had gone out the back door.
Eugene E. Fischer, Attorney for Mr. Peil, stated that this girl is a irinor and- the!
statements be stricken from the records as they have not been properly advised of their rights
"That this was a hearing only and not to set a penalty.
Assistant City. Attorney March presented for the record Exhibit A which' was a
statement from Russell Buck, Black's superior, who stated that these girls were advised of
their rights and did not have to make a statement. That this was signed by Dawn B.0 less and
hers guardian or the people who have custody of her, who were also advised of their rights.
Mr. Fischer stated he objected, that this does not comply according to the Con-
stitution and not worth the paper it is written on. Mr. March stated that this was not a case
against the girls. Mayor Carson received this exhibit on behalf of the Council.
Mr. Fischer questioned Officer Black and asked if when he told the girl she had
to have an ID, was she able to prove she was not of age. Mr. Black stated no. Mr. Fischer
stated then it was merely heresay. Mr. March said this was not quite -accurate in that she did
have to have an ID. Mr. Fischer stated she did not say she had never had an ID, that she has {
the right to remain silent, in consideration of her past record, there would not be any I,
evidence against her. He questioned Mr. Black if at the time he saw her go into the Green ;;
Onion, if her hand had been stamped, what her conduct was and if he waw her buy or drink.
Asked if she had previously been arrested as a juvenile. %IT. Black stated n0. He was
asked_ if he had known her prior to this night. Mr. Black stated he had.seen her at Club
Tico but did not know her personally.
Mr. March presented Dawn Burgess who stated she was 17 years of age. He asked
that
her if she kn 4 her rights and could have a lawyer, and had the right to remain silent so
evidence sould not be used against her. She stated she did.
Mrs. Terry Jones, mother of Tina Jones, was called to the with
stand, and
stated that she wanted -to give her sent for her daughter to testify and tell the truth. Mr.
Fis.cherasked her if she had been advised of her rights, that your daughter can. be prosecuted
Mrs. Jones insisted her daughter will tell nothing
and sent to jail if she admits a crime.
but the truth. Mr. Fischer stated her daughter has rights and does not have to admit to
anything. Mrs. Jones was excused from the stand.
Tina Jones was called to the stand and was sworn in for testimony. She stated she
was 17 years of age. Was asked if she was in the tavern on August 22, 1970. She stated she
was in there about 1;;30 P.M. but had nothing to drink.
_ Asked
if anyone was with her. She stated Chris 16 and Dawn 17, were with her. Asked if she had
seen Officer Black. She stated no. Asked if she had gon e with Chris or did you see her
leave. She stated she did not see haw she left. Asked if any of the others had be She
stated no. Asked if when she entered the place if whe was asked for her ID. She stated no
Had you been their previously and were you stamped. She stated yes.. Did they ask for ID at
the time of the stamp. She stated no. She stated no charges were against her, that,she told
officer voluntarily. She was asked agin if whe was asked for her ID. She stated no. Asked'
if'she was there alone. She stated she was -that she worked at Walgreen' She was asked if
he stated that had nothing to do with the night in. question Amr
she.had been there before. S3
'Fischer asked what she had to pay. She stated $1.00. Asked if she knew who took the admissibe!
money. She stated she did not know.
Dispatcher Del Bean was called to the stand. He stated he was a patrolman on the.
Police 'force. That he was in plain clothes the night in question. Asked if he saw anyone
leave ay the bac:: door. He stated he did not. Asked if he saw anyone. He stated he sue.
September 3, 1970
b 3.:
party coming from another area, turned out to be Chris Chappel. He stated that Officer Black
had asked for assistance on the radio.
Recess was called.
Assistant City Attorney March recalled Miss.Burgess to the stand. He advised
-of bar constitutional rights and that whe did not have to make any statement.
Mr. Fischer stated she has not been advised about her rights and Council receive the evidence
for whatever it is worth.
Mr. March asked were you/?nyone else. She stated she with Miss. Chappell. Asked
if she saw Officer Black. She stated yes. Did you see her talking with Mr. Black. Yes.
;.She was let out through the back door through an area where a wall was down. Asked if whe was
served beer when she was there. She stated she was. Asked if 'she was asked for her ID.
She said no, that whe was stamped earlier in the evening when she paid $1.00. That she was
17 years of age. With nothing further, she was excusea.
Miss Chappell was asked by Mr. Fischer where she lived. She stated Larico Village.
Asked if she was in the custody of parents or guardians. She stated she entered Larico
voluntarily. She was asked if she had any other violations in the Green Onion. She stated
Mr. Black told her no charges would be filed against her. She was asked if there were any juv--
enile complaints agains her. She stated no. Asked if guardian or Attorney had advised her
of her rights. She stated they had. Asked if she had her married sisters ID. She stated
had never used her sister's ID. Asked if she had a drivers license. She stated she did.'
Asked if sister lived here, she stated she lives with mother. Asked where the husband was.
She stated in Navy in Washington.
Mr. March asked if she remembered making statements to Officer Black and did he
tell her anything she might say would be used against her. She said they did not say this
would be used. He stated that you were told after your statement that probably no charges woul�.
be brought. Miss Chappell was excused.
Mr. Jack Layer was wsay rninfor testimony. He stated he lived at 3341 Terry Wood
.Road. Was Manager of the Safe/Store. That he was riding with Officer Black August 22, the
night in question. Asked if he saw the girl Christa Chappell. Asked if he was waiting at
the door of the rest room for her to come out. He stated yes. Asked if he saw her come out
he said no. Asked if he was with Black when whe was picked up. He stated he was. He
was asked if she was advised of her rights. He said she was. He said she had some beer ,to
drink, and was 16 years of age.
Mr. Fischer stated that this was all heresay, that this is an adminstrative hearing,
and the Council should weigh all evidence carefully.
Mayor Carson stated the Council would receive this evidence at its worth.
Mr. Fischer questioned Mr. Elmer Peil, owner of the Green Onion, who was scorn in.'
': He stated he was an officer and director in the Green Onion Corp. and has a license with the
" City at 162 Linden Street. He was asked if he was on duty on the night 6f August 22.at this
.business. He stated he.was. Asked how long he had this business. He stated from 1966 -
fin. .Asked if he had had any violations. He stated no. Asked if these were the first
formal charges. He stated yes. He was asked to describe this business. He stated he
sold 3.2$ be and operated a night club. Had live entertainment which is the selling point.
Asked how the patrons enter. He stated tfiey enter througb the front door, into an 8 feet
'hallway,'that the first person checks the ID'sg.second is cashier and stamper and'.third,the'
'•waitress seats them.Asked if the lighting was sufficient and what, he had. He stated he
" had a heating lamp of 1.00 watt which provided plenty, of light for checking, etc. He stated
he checks the bars, see that the"rest-rooms are in order,'etc`, Asked the procedure -for
checking ID's. He stated that they have a specified' system,' most produce an ID card or
drivers license with photo, or compare signature, or a selective service card, has an experienced
-man checking. He was asked if he any 'guide for employees to follow. He stated 'he:`had, _.
338
3, 1970
which was furnished by Colorado and published by Identification Research Asso. This was
'presented'as Exhibit 1. This was accepted by the Mayor and Council.
Mr: Peil stated that they hand stamp and check ID's, that on Friday and Saturday
nights the cost is $1.00 per person, no charge the rest of the week. That they stamp
-.everyone, then they are free to leave and retur n. He stated that he was in the rear when
the girls came in, saw Police officer standing there and asked him what the problem was..
The officer stated you have an underage in the rest room. He checked up on the admission
desk and soon after Officer Black left. Asked if he could point out the girl. He stated _
he could not., did not know what occured. Asked if he had ever failed to cooperate with a
the officers. He stated no. Did ycu ever -use the officer in checking ID's. Mr, Peil
stated they cannot hire the policement to check. Any violation before by the State Liquor
Commission. He stated no. At the time of renewal of your license, the Council advised
you to install an alarm system to the Police Department with a button to notify Police for
assistance when needed. Asked if required to have employees cleared. He stated that in My
Chief Smith of the Police Department cleared all his employees. Asked if he was required to
have more adequate facilities in rest rooms. He stated this had been done and also repaired
the walls. No exit out of rest room. What do you do when a juvenile is seeking entry.
He stated that they are refused, do not know where they go. Asked if he ever had cause to '
prosecut . He stated no. How many employees. 12 during the college year. Hire students,
that work part time while going to College. Their entertainment is live rock bands; beginning
this Fall season on Thursday, Friday and Saturday nights at 7:00 P.M.. What do you do if
costomers appear to be under age. He stated if in doubt, con tact an officer. If they
cannot prove their age, are they admitted. He stated no. Have you ever been called upon 6y
the Police Department for anything or information that you failed to cooperate He stated no.
The girls stated there had been no ID check. Mr. Peil stated there are three employees on
the door checking everybody and do not admit any 16 or 17 year olds, that it is our responsi—
bility who our people pass at the door. There.are many false ID's. Have you ever been
called to testify. He stated no. Do admit some on false ID's, three were turned away last
evening.
Assistant City Attorney March questioned Mr. Peil and stated you were requested to
have an alarm system installed in May when you license was renewed, when did you take steps
to have this done. Mr. Peil stated in August for the reason I could. not afford it as the
cost is more than $80.00 installed, plus $14.00 per month. No previous violations. Mr.
March stated he thought he had a violation when he had Clancy's previous to the Green Onion.
Mr. Peil stated that one of the employees let the girl out by removing a panel in the rest
room. Do you know any of the girls. Mr. Peil stated no. He stated he personally did not
check I.D's all evening, but everyone must show an ID. Asked if in doubt, do you call Police.
He stated that sometimes they do and sometimes do not. No further questions.
Councilman Lopez asked if he had ever called the Police by telephone. Mr. Peil
stated no, that they have someone call them off the street as they are there in 5 to.,10
minutes. Some of the girls do not have drivers licenses, then we call Police to verify their .
age a/yoEaFson stated these girls have been in and out of the Green Onion and were not, `asked for,
ID. Mr. Peil stated he would dispute that ID's have not been `checked and rechecked
Mr. March asked if it was usual for kids to'get in without their ID. Mr Peil:
stated No.. If there is a question, the Police are summoned from outside. Our regular, fi
customers that we know areof age, we do.not ask for their ID. .He stated they called on the
Police four times last week. This was after -this ncident,_,some weeks there are none.: Most
of the time we just call an officer off the street as there is usually one around.` '
Mr." March stated have record that you called Police seven time es in 1970`but not "'
telephone. Mr. Peil stated they call the ,Police in if there is any question about a persoawl '
' age. If the police say they are O.K., we let them in. No further questions.
g � ,
339
Councilman Chilton stated that since this girl was_let out of the -rest room, has
there been anything done with the employee. Mr. Peil said he learned of the employee letting' -
the girl out of the rest room after the incident and that he must have a key, that.he does
a good job for him and is still employed that he realizes this was a serious act.
_:Councilman Lopez asked what remodeling he had done to see that the rest•rooms were
provate and secure. Mr. Peil stated that he has just finished repanelliso and used larger
nails. Mayor Carson asked if he was aware that this condition existed. Mr. Peil stated
he did not that he did not think that anyone would ever push a panel out, that he had thought
of boarding up the outside. He stated the paneling was heldin place with small nails; hit it
and it will pop out. He had always considered it adequate protection. -
Councilman Kruchten asked if this method of exit had ever been used before.. Mr.
Peil stated it had not.
Mr. Fischer cal'lsd Sergeant Jerry 11allace.to tie stand for testimony and swc•rn in.
He was asked if he made routine checks in the Green Onion. Yes, inside and ouf. Any failure
to cooperate. No. How long employed. 4 years - 8 months with Police force.
Mr. March asked Mr. Wallace if he had ever been asked to check anyone under age.
He stated No.
Mr. Fischer called Officer Gary Perman as a witness who was sworn in. Asked how long
employed. He stated two years. That he regularly checked the Green Onion when assigned'
this area. Asked if any of the employees have ever failed to cooperate. He stated no. That,
he had never been asked to check under age, but in this.case he checked with parents and took
statements, and referred them to the Juvenile Department.
Councilman Kruchten asked Mr. Perman if he had ever been called in from outside. He
stated one time.
Mr. Fischer called Officer W_m. Young to the stand as a witness and was sworn in.
He asked Mr. Young how long employeed on the Force. He stated 5 years 8 months. He stated
he had one occasion to go in the Green Onion and verify an ID. No failure to cooperate from Mr
Peil. Officer Young stated he did not know whether there was anyone ever denied entrance.
Mr. Fischer called Edwin Swartz to the Stand for testimony and.was sivorrn,in.
He stated -
he had been employed ed on .-the P Y Police force for two years. He was as'ked,:if'he had
ever been called by the Green Onion on any problem or have they ever failed cooperate: He
stated no. Officer Swartz stated there had been a few fights. Not called on any ID problems..
Mr. Fischer cal]ed James Kyle to the stand and was sworn in for testimony. He
stated he had emploYed with the Police force for 4 years and patroled this area during the
business hours of the Green Onion. Had no lack of cooperation, had been called off the
street on two of three occasions on discrepancy in ID's., turned them over to the. Juvenile Depart
went. Asked if he had ever been called upon to testify. He stated no. MAy6r,Carson asked
if he had been called from the Police Department and how many times. Officer Kyle „stated once
'_V for a ID check just lately. Councilman Lopez asked how often on Friday and S&Utrday do you
patrol. He stated every two to three minutes. Approximately one week of the uironth two
patrolmen patrol the area and make 60 to 90 bar checks per month.
The following letter was presented and read -at length: 'e>
Fort Collins Police Department
' September 1, 1970 ;
i,
Mr. Gene E. Fischer
Attorney at. Law
Savings $wilding
Fort Collins, .Colorado
Re: Green; Onion -
Dear. Sir
K
�'- �,.c--,.+t,. :.,..�• - -^r ��'_.. - ^w._�'-•s.•-y.. �^'__---st,x, ` k-�'-. .��x--` t.+"; '==e•n•�•z- -. ,. ..�1.w«7l"�iw..v«
340
T
s
Please be advised that this Officer has been in the Green Onion approximately twice in the
past year.
I -personally have had no problems with either the owner or enDloyees ofsaid establishmxant.
Respectfully submitted,
/s/ Marvin D. Ness
r" Detective Division �.
This letter was marked Exhibit 2 and received by the Council.
Detective Chismar was called as a witness, not.present.
Anita Turner was called to the stand by Mr. Fischer and she was sworn in. She
stated she is an employee of the Green Onion and works part time. She stated she either
Makes admission money or =tamps and can see if ID's.are being checked and she did not see
anyone enter without an ID check.
Mr. March asked when money is taken or hands stamped, are there any partitions
that obstruct your view. She stated no.
in
Beverly Peil, wife of Elmer Peil, was sworn/for testimony. Askedif she worked
at the Green Onion. She stated not this summer, but when working she takes admission and
check ID's, that if there is any doubt, we call in a police officer, or the kids are not e
i admitted. That she was not there August 22.
Mr. March asked when you take the money, can you see whether everybody is checked
or not. She stated she could that she sets up on a high stool.
Martha King, 3334 Terry wood Road, was called to the stand and sworn in. She
stated she was employed part time and takes admission. She stated that ID's are varified...
She was asked what happens if someone tries to get in without an ID. She stated she does not
check ID's.
Jerry Lee Buttorf, 1010 South Taft Hill, was sworn in, and questioned by Mr.
Fischer. He stated he was 24 years old and a full time student at C.S.U.,,and works at
Green Onion when it is open. He stated he was a Jack of all trades, that he is now workng
at the door, takes admission, checks ID's and stamps hands. That he was on duty August 22,
and did all three things part of the evening and Mr. Peil was with him. His main duties_are
'checking ID's and stamping. He stated that Chris Chapell was S feet 8 inches tall, b1opd, and
over -minimum age. He said she showed something upon entering the Green Onion. Miss Burgess
Was with her, that Miss Chapell was in several times and out and ID not checked each time.
Miss Burgess not checked previouly on that night He stated when Officer Black came through
the door, he told Mr. Peel he had an under age in his place. Mr. Buttorf stated the girl
came to him and said she was in trouble and he opened the back door and let her gird He stated
he got the idea from another previous employee. He stated that the other/showed a legal ID.
He stated he.asked Mr. Peil for instructions. He stated he did not know they could be let
out the back door. He explained the procedure they use in checking ID's, and stated they had
i'never failed to cooperate with the Police, stating that they have called the Police and they
failed 'to'show only once. He stated they have hever had an argument that they could not
e
handle,themselve_with the customers. He was asked what he would do next time a case came
up like this, he stated he would go in back room and bring -her out. He stated that people
they know are of ageandare regular customers are.not checked for ID's.
Mr. March 'stated that Mr. Buttorf removed the. panel and did not check 'Miss..`
{[{[ i"Burgess' ID.�-Asked how many; customers they,have. -Mr. Buttorf stated 100.to 500 a night.`
S� A
;that 256 of them are their regular customers;` He was asked if he knew Miss Jones '. He
t,
stated he did. Asked if he would let her in without an ID.`r Hd stated he'did not, know i Ur�
March remarked that it would.be better to check the ID each time. Mr. Buttorf admitted it
was a foolish thing to do �
341
Mayor Carson asked .., BllaO.- -. :C .new .now ::% tiC.cs 2 weC p
ti;C GIiCL
are called. He stated he did not know.
arshecks _ace every + _/2 ..,,,.. to -.S . r..__...ae ., 2
night, stating there were 150 p00210 there Aug-Ust 22. iie stated hC admitted viss Jonas, #
with an ID.
:r. Steven L. $i:Ori, 11016 South Tait Road, 4:as called to t hC stand and swo .
in. He state he was a customer of to Green Onion, was 20 years and 7 costs old and
varified that they ci:eck ID's. That it was a good ?lace to meet people, lied to lislen to
the band arty if there* is any troub.e is broken up before it really vets started.
Mr. March asked - if t cy co get out -
of :and, co t-cy ca.l the ;;r•
stated he Police. Short
did not know. , that Miss But-•-css w i„
eat vlth >iss Chappel that -
- :ey walked --ght
in. fir. ?:arc'r, stated there was no cuesti0n that at^a violation was co fitted. Sliss Burgess
was not checked and not good business rot t0 check 1.D's of eve- yo .0, and mac::.o_e a f-ao �..�
t art when an employee helps someone escape.
Mr. Fischer stated in his life he had worked in an=establis est where 11CaQr tv as
served and had first nand knowiedae of what they ran into. Tsar
in Colorado klcs pass
around ID's and get V2Ty good 2t it. It is serious of one 1s Catig.'.t with a fal Se,iD. In ti.<
ears as DiAttorneyeleven
Y District Atto^ey no one ever admitted to a ia1s2 ID.
- Zt is.co:r_ on practice
that if someone is checked several .should, th 2y are not Ch2C �2d thereafter. The �. Gr e'en
i Onion owner shoul Rot be 'Judged by :y, Battorf's statemen-
is•Dawn Chapel a.. _s. :.:at .. only true violation
-c that was heresaY• finis is a college town and that t.:cTe than an wh gnat there lier2 no ..-:Ora
Y ere else, that teenagers g0 Lih2Te t:.2re is rock music. That
, CUL10Rs Of urderar� d t• - ,, prose-
.v r 1nniRc 1s the Council's resionsibL '- +
6 _ o
just has not been. This '1�Y• Any lac: of coo�eratioR
does not excuse ::r. peil or the Grwn Orion i_
justified, that his livelihood not be taken away, - suspension is
Contracts with bands an ' ne nas t0 pay rent, ltiith To income, broken
d student employees would have to find othe- l b-ones
judgement and wisdom suspension be light.,,,.. n 2r2-oyment.
j0uld be an economic loss to tae In your
there and .lir; Peal • Hope there = student
will' be no suspension, but if s w:•o work
that it will never happen again. The• You do find a technical•violatio
Green Onion did do urono and have taken a lot of
,punishment, so please consider all
factors.
Mayor Carson called a recess.
After reconvening, motion was made by Councilman Chilton, that after looking at.all
the facts of the case, that there has been a Violation and that an employee helped an underage;
escape, that there be a 30 day 'suspension, beginning Friday, September 4, 1970. • This was
seconded by Courcilma-r. Lopez. Roll was called resulting as follows: Ayes: Councilmen
Carson, Lopez, Chilton and Kruchten. Aosert: Councilman Troxell, ex cused.. \'ayes:
None. .The Mayor declared -the motion adopted.
The fO1101ving communication was presented and read at length:
August 31, 1970
Dear Karl,
!• I would like for Vol: and the City council
to know that On.,C ag^-:. the pOliC2 depar
2c^nt has taken ti.^..2 to Coneluct the annual safety program for l-irdergardeR children.
Over 300 children - -rt -
..v'Ok ... . the I L;alk $a_e'yV p:OcT^a-^ ' ! ... and received li J ♦.1Ctiou
�. under seethe ;''&f fie co- ..iiti0.'.s. .Also is year, the policemen contributed money to
I Purchase tIl2 pins given t0 the Children.
i Juv2n^.file officer James Black and patrolmen Gary Per -
man and Myron Lloyd should be
c0= ended for conducting �the rocram. t� o - I appreciate their cooperation 1R thle=project.
Sincerely, ,
Sarah Bennett
- Mayor Larson stated he was pleased t0 receive this type Of communication and
'' co .,ended.}firs. Bennett.
The City Manager requested permission to increase the purchase price Yox/rp'oudre
water to $I,250,.00 a share. Motion was made by Councilman -Lopez, seconded by Councilman
Kruchten, to approve this request: Roll was called resulting as .follows:. Ayes;
cilmen Carson, Lopez, Chilton and Kruchten. Absent: Councilman TroxLl, excused;,.
ems: None The Mayor declared the motion adopted.
y
342
3. 1970
The following communication was presented and read at length:
September 2,1970 {
City Council
Ft. Collins, Colo.
Dear Sirs:
We 1_ereby request that the east two (2) feet of Ponderosa Drive between Orchard
Street and Mulberry Street be vacated to Imperial Homes Construction, Inc This request
is made so that we may be permitted to recover the cost -of paving the east half of Ponderosa
A. Drive. Our intention is to pave the full width of the street as soon as possible'' after this
i request is granted.
Very truly yours,
Imperial Homes Construction, Inc.
/s/ Thomas R. Wilson, Vice-Pres.
Motion was made by Councilman Kruchten, seconded by Councilman Lopez, that this
matter be referred to the Planning and Zoning Board for their recommendation. Roll was
called resulting as follows: Ayes: Councilmen Carson, Lopez, Chilton and Kruchten. Absent:
Councilman Troxell, excused. Nayes: None. The Mayor declared the motion adopted.
The followiig resolution was presented and read at length:
RESOLUTION 70-91
WHEREAS, UNION PACIFIC RAILROAD COMPANY has tendered covering the construction,
'maintenance and operation of two overhead power wire lines on and along the right of'way and
oker the track of the Railroad Company's Fort Collins Branch, near Harmony, Larimer County,
Colorado; said agreement being identified as Railroad Company's C.D. No. 39850-5; and .
WHEREAS, the Council of the City of Fort Collins has said proposed agreement before
it and has given it careful review and consideration; -and
? WHEREAS, it is considered that the best interests of said City of Fort Collins,
State of Colorado, will be subserved by the acceptance of said agreement;
THEREFORE, BE IT RESOLVED BY THE COUNCIL -OF THE CITY OF FOFT COLLINS,,STATE OF
COLORADO:
That the terms of the agreement submitted by the Union Pacific Railroad Company
i as -aforesaid be, and the same are hereby, accepted in behalf of said City;
That the Mayor of said City is hereby authorized, empowered and directed toexecute
said agreement on behalf of said City, and that the City Clerk of said City is hereby authorized
and directed to attest said agreement and to attach to each duplicate original of said:'agree-
ment'a certified copy of this resolution.
/s/ John Bartel
City Clerk
Motion was made by Councilman Chilton, seconded by Councilman Lopez, thatithis
resolution be adopted. Roll was called resulting as follows: Ayes: Councilmen Carson,
Lopez, Chilton and Kruchten. Absent,: Councilman Troxell, excused. Nayes:: None'.: The
-
Mayor declared the motion adopted.
The ,City Manager stated that the City has 90 acres of Windsor grass under;irri-
gationat the Golf Course. a
Mayor Carson stated that he had a request for a Government Committee for` hiring of
the handicapped. That a meeting would be held October 6, 1970. Motion was made by Councilmen
Lopez, seconded by Councilman Kruchten, that the Mayor be authorizedtoform this committee.`.
Roll was called.resulting as follows: Ayes: Councilmen Carson, Lopez, Chilton'and;
Kruchten. Absent:- Councilman Troxell, excused. - Mayes: gone. The Niayorp declared the
motion adopted. * ?'
�= a:
Motion was made by Councilman Chilton, seconded -by Councilman Lopez, tha2fthe
- Council adjourn. Roll was called resulting as follows: Ayes: Councilmen Carsont,-Lopez; ,
Chilton and Lopez. ' Absent: Councilman Troxell, exZ�,ez
Nayes:_ None'. The Mayor
declared the motion adopted and.. the Council adjourned - W
Mayo
ATTEST:
City.Cl r