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HomeMy WebLinkAboutMINUTES-06/26/1979-Special1 June 26, 1979 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council - Manager Form of Government Special Meeting - 1:00 P.M. Pursuant to the following call, a special meeting of the Council of the City of Fort Collins was held: CALL OF SPECIAL MEETING Members of the City Council: Pursuant to the request of the Mayor of the City of Fort Collins, a special meeting of the City Council is hereby called for 1:00 p.m., Tuesday, June 26, 1979, in the Council Chambers of the City Hall, 300 Laporte Avenue, Fort Collins, Colorado, for the purpose of consider- ing tree assessments, and any other matters that might properly come before the Council. Very truly yours, Verna Lewis (CMC) City Clerk Received a copy of the within call of meeting this 7th day of June, A. D. 1979 and con �JAF ' u -483- June 26, 1979 Roll call was answered by the following Councilmembers Bowling, Kross, Reeves, St. Croix, Wilkinson and Wilmarth. Absent: None. Secretary's Note: (Councilwoman Gray arrived at 1:10 P.M.) Staff Members Present: Arnold, Marlene Balok, Bingman, Dal - low, Deagle, Hays, Kuppinger, Lans- pery, Lewis, Liley, Steadman, Straayer and Strand. enda Review City Manager Arnold reported that the Landings Drive question would be brought up under other business in the Work Session portion. Secondly, some bills will be presented on the City Hall and the Lincoln Community Center. The last item was on a resolution for Air Quality. The resolu- tion was not in the agenda packet. Report from Council Members on Committees I (a). Councilman St. Croix reported on the Airport Board meet- ing held this morning with the ad hoc members from the City of Fort Collins and Loveland. The plan of the two Council's was to change the organ- izational structure of the Airport, change the management of Airport; with the change to be made at the July 3, 1979 Council meeting, which would disband the present Airport Board. (b). Mayor Bowling reminded the Council that interviews for Boards and Commissions are recommended to be made on July 3, 1979 at 8:00 a.m., with appointments to be made July 17, 1979. -484- 1 June 26, 1979 Ordinance Tabled Assessing ' the Cost of Work Done on Trees Following is the City Manager's memorandum on this item: "This Ordinance provides for the City to assess three pro- perties for required tree maintenance and removal during 1979. Staff recommends approval." Following is the memorandum from Director of Finance: "The City Code provides that on or before July 1st of every year, the Director of Finance shall report to the City Coun- cil concerning costs incurred by the City in removing diseased and dead trees from private property. As you know, our Code provides that the City Arborist may request a property owner to remove diseased or dead trees from private property. In those situations in which the trees are not removed, they will be removed by the City at the expense of the property owner. The Code provides that those costs incurred by the City in the removal of dead and diseased trees may be assessed against the property. Attached, please find a schedule of those properties and pro- perty owners which are to be assessed for the removal of dead ' or diseased trees. In addition, the Code provides that on or before July 1, the Director of Finance should report to Council as to any pro- perty owners who have entered into written agreements with the City to repay the City for the cost incurred in the re- moval of dead or diseased trees. On February 28, 1979, Char- lotte Trujillo was billed for the removal of four willow trees at 144 Second Street. The total due was $760 and in April, 1979 she signed an agreement to pay $25.04 per month until the billing was paid for. She is currently up to date on that payment." Mrs. Maxine Shaefer, 931 Remington, spoke to her hardship in having to pay this assessment due to her financial situation. She also questioned why she was not allowed to remove the trees herself. City Arborist, Tim Buchanan, reported on his advise to Mrs. Shaefer not to have the tree removed herself, but to have a trained person remove the tree for her. -485- 1 June 26, 1979 Councilman Wilkinson stated he had some questions regarding "due process" and the appeal process. He also stated there I should be a differentiation made between Dutch Elm Disease and regular tree maintenance. City Attorney Liley addressed the provisions of the ordinance, some of which are not included in the notice. City Clerk Verna Lewis then read the following letter of pro- test into the record: Mr. Ronald R. Wood Director of Finance City of Fort Collins Municipal Building 300 LaPorte Avenue Fort Collins, Colorado 80521 RE: Notice dated June 8, 1979 Dear.Mr. Wood: Although you never investigated the matter contained in said Notice dated June 8, 1979, this letter is directed to you to present to the City Council ' on June 26, 1979. You have alleged that two diseased elm trees were removed from the E 25 ft of Lot 20 and W 30 ft of Lot 21, Loomis, Fort Collins. This allegation is erroneous in all respects, as you would have discovered had you attempted to verify the information. Specifically it is erroneous in these respects: 1. Two elm trees were never removed from the property described; in fact, no elm trees were removed. 2. The only two elm trees removed from near the subject property were not diseased. If we are talking about the same two trees on the City median property, they were observed by me to have been treated by Dr. Nishijima of the CSU and Colorado State Forestry Service to prevent Dutch elm disease. It is common knowledge that treated trees will display dry and shriveled branches for the next growing season. It is often mistaken for Dutch elm disease. The only accurate determination requires a lab test, which was never done to my knowledge. -486- ' June 26, 1979 ' As long as I am writing this letter, I might point out that the assessment you propose to make is probably not legally authorized in other respects. They are as follows: 1. No resident should be compelled to pay for landscaping or maintenance of the City properties such as median strips or any other property not within the legal boundaries of the resident's own property. It would be financial ruin to live adjacent to a city park. 2. Even so, a resident should be provided with a certified letter that some landscaping is to be done by the city at the expense of those nearby. The only notice I received was the certified notice regarding a City Council assessment. The notice does not even state at what date these trees were supposedly removed or by whom. 3. If some foliage is supposedly diseased, those requested to pay for removal should be provided with laboratory evidence of whatever disease. This notice does not state what disease existed. 4. When city crews perform city landscaping on city property, why should residents pay for that except from general revenues? If private firms do city work, then where is the evidence of a commercially reasonable competitive bid; and why shouldn't a resident be allowed to seek a lower ' bid once the city has its bids? Moreover, for what are the city crews paid, if not to do landscaping on city property? 5. If residents are to be taxed for maintenance of city property, it should be by referendum, not by fiat. Farmers do not pay for state grasshopper spray control, mountain property for pine beetle spray by Colorado State Forest Service, or individual landowners for mosquito spray. 6. Last please note the difference between private property with a city right-of-way or easement upon it, in contrast to private land with no right-of-way next to acres of city property. This property has.no city right-of-way upon it and no diseased elm trees. I request that the assessment be dismissed. Sincerely, j" Ralph V. Switzer, Jr. 1 -487- June 26, 1979 Councilman Wilkinson made a motion, seconded by Councilwoman Reeves, to adopt Ordinance No. 73, 1979 with the distinct ' understanding that the City will work with Mrs. Shaefer on a payment schedule that is satisfactory to her, also with the understanding that within two weeks we (City Council) will be presented with a document showing what will be done to notify people in the future and how it will be handled to take care of the concerns noticed by Council. Councilwoman Gray spoke against the motion stating that she was not satisfied that the ordinance makes enough differentia- tion between public and private property. She requested Coun- cil consider a special section related to a heavier City part- icipation for tree removal from public right-of-way. Mayor Bowling reminded Council of the budget impact on the City for tree removal and suggested this ordinance be tabled to the July,17, 1979 meeting. Councilwoman Gray requested information on how many residents with a public right-of-way are receiving a ten day notice for tree removal. Councilman Wilmarth made a motion, seconded by Councilman St. Croix to table hearing and first reading of Ordinance No. 73, 1979 to July 17, 1979. Yeas: Councilmembers Bowling, Gray, ' Reeves, Wilkinson and Wilmarth. Nays: Councilmembers Kross and St. Croix. THE MOTION CARRIED. Resolution Adopted Concerning Implementation of Air Quality Control Measures Following is the City Manager's memorandum on this .item: "In December the City submitted its portion of the State Implementation Plan for Air Quality compliance. The EPA has now received the entire State Implementation Plan and has re- quested a number of minor changes. Insofar as Fort Collins is concerned they have requested that we be more specific with reference to the timetables for implementation of the control measures previously selected by the Council. (A copy of the Resolution passed in December that lists these control measures is attached.) Our response is due to EPA by July 1. The City has been working closely with the Council of Governments. The COG is finalizing these modifications and timetables and will have them ready Monday prior to the meeting. This is a procedural technicality. The legal staff will have a Resolution adopting the new implementation plan , for Council's consideration at the meeting." 1 1 June 26, 1979 Assistant City Attorney, Don Deagle, stated this resolution is part of a series of continuing resolutions to come before the Council every few months to deal with the City's Air Quality efforts. Councilmembers inquired into the cost which will be assessed against the City. Mayor Bowling gave a further review of pre- vious Council of Governments action on this item. Councilman Kross recommended that Council not adopt the re- solution, as he could not go forward with this "farce" which does not do anything to clean up the air quality in the City. Councilwoman Gray spoke in support of the adoption of the re- solution and Mayor Bowling spoke to the probable loss of federal funds if the resolution is not adopted. Councilman St. Croix made a motion, seconded by Councilwoman Gray, to adopt the resolution. Yeas: Councilmembers Bowl- ing, Gray, Reeves and St. Croix. Nays: Councilmembers Kross, Wilkinson and Wilmarth. THE MOTION CARRIED. Adjournment The meeting was adjourned at 2:00 p.m. ATTEST: May r