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April 11, 1968
MINUTES OF A REGULAR MEETING OF THE COUNCIL OF THE CITY OF FORT COLLINS, Held
Thursday, April 11, 1968, at 1:30 o'clock P.M.
Present: Councilmen Bennett, Carson, Troxell, Kissock and Kruchten. City
Manager Coffey, City Attorney March and Director of Public Works Liquin.
Motion was made by Councilman Kissock, seconded by Councilman Kruchten, that
the reading of the minutes of the last regular meeting held April 4, 1968, be dispensed.
with. Roll was called resulting as follows: Ayes: Councilmen Bennett, Carson,
Troxell, Kissock andKruchten. Nayes: None. The President declared the motion
adopted.
The first reading of Ordinance No. 17, 1968, was called for by the Mayor. The
City Attorney advised the Council that there were certain sections that must be filled in
before the ordinance was presented on first reading, one being the sanitary facilities
required and the other the occupational fees. The City Manager advised the Council that
Mr. Gordon Clyde could furnish them with some advice as to requirements of the building
code as to sanitary facilities and also those required by -,the State in tavern like businesses
where 3.2% beer is sold. He quoted from the building code which was adopted by the Council
by reference some time ago and stated that on all remodeling jobs and re -construction
requires that the code be folkived to the letter. Mr. C. J. Streit was present and he
requested the Council to forEgo any action on this ordinance until the 3.2% Beer License
Association of the City of Fort Collins could have a meeting and review this ordinance.
He was asked certain questions as to what he though+ as a tavern owner, of certain parts
of the points that have been under discussion rAgarding the sanitary fees required and the
proposed occupational tax . It appears to be the consensus of opinion of the members of
the Council that the Association should have the right to study the ordinance as being
presented and offer suggestions in regard to same. Following this discussion, motion
was made by Councilman Carson, seconded by Councilman Kruchten, that the first reading of
Ordinance No. 17, 1968, be tabled for one week. Roll was called resulting as follows:
Ayes: Councilmen Bennett, Carson, Troxell, Kissock and Kruchten. Nayes: None.
The President declared the motion adopted.
The following resolution was presented and read at length:
RESOLUTION Ia, 1
OF THE COUNCIL OF THE CITY C'.FORT COLLINS GIVING PUBLIC NOTICE CONCERNING A PROPOSED
ORDINANCE CHANGING THE ZONING MAP(F THE CITY OF FORT COLLINS AND AMENDING CHAPTER 19 OF
THE CODE OF ORDINANCES OF THE CITY CF FORT COLLINS, COLORADO, 1958, AS AMENDED, COMMONLY
KNOWN AS THE ZONING ORDINANCE
WHEREAS, a written petition has been presented to the City Council requesting
that the zoning classification for the property more particularly described in the "Notice
of Public Hearing" attached hereto be changed from R-H High Density Residential District,
to B-L Limited Business District; and
WHEREAS, the Planning and Zoning Board -has made a study of saj-,d rezoning request
and has held a hearing and made a report and recommendation thereon, all in accordance
with the provisions of Section 19-21 of the Code of Ordinances of the City ofFort Collins,
Colorado, 1958, as amended; and
WHEREAS, the City Council desires to hold a public hearing on said rezoning
request as required by Section 19-21 d(2) of the Code of Ordinances of the City of Fort Collins
Colorado, 1958, as amended.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that
May 2, 1968, at 1:30 P.M., or as soon thereafter as the matter my 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 rezoning request; and
BE IT FURTHER RESOLVED that the City Clerk is hereby instructed to publish a
notice of said hearing as provided in Section 19-21.1 (2) of the Code of Ordinances of the
City of Fort Collins, Colorado, 1968, as amended, in the form attached hereto.
Passed and adopted at a regular meeting of the City Council held this llth day
of April, A. D. 1968.
/s/ Thomas W. Bennett
Mayor
C
April 11, 1968
ATTEST: 11
s/ Miles F. House
ity Clerk
Motion was made by Councilman Kruchten, seconded by Councilman Carson, that this
resolution be adopted. Roll was called resulting as follows: Ayes: Councilmen
Bennett, Carson, Troxell, Kissock sndKruchten. Nayes: None. The President declared
the motion adopted.
The following resolution was presented and read at length:
RESOLUTION b's 1%
OF THE COUNCIL OF THE CITY OF FORT COLLINS GIVING PUBLIC NOTICE CONCERNING A PROPOSED
ORDINANCE CHANGING THE ZONING MAP OF THE CITY OF FORT COLLINS AND AMENDING CHAPTER 1.9
OF THE CODE OF ORDINANCES OF THE CITY OF FORT COLLINS, COLORADO, 1958, AS AMENDED, COMMONL
KNOWN AS THE ZONING ORDINANCE
WHEREAS, written petition has been presented to the City Council requesting that
;he Zoning classification for the property more particu]aly described in the "Notice of
Public Hearing" attached hereto be changed from R-L Low Density Residential District, '
partly to R-M Medium Density Residential District and partly to R-P Planned Residential
District; and
WHEREAS, the Planning and Zoning Board has made a study of said rezoning request
and has held a hearing andmade a report and recommendation thereon all in accordance with
the provisions of Section 19-21 of the Code of Ordinances of the City of Fort Collins,
Colorado, 1958, as amended; and
WHEREAS, the City Council desires to hold a public hearing on said rezoning reque;
as required b Section 19-21.1 (2) of the Code of Ordinances of the City of Fort Collins,
Colorado, 195 , as amended.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that
May 2, 1968, 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 rezoning request; and
BE IT FURTHER RESOLVED that the City Clerk is hereby instructed to publish a
notice of said hearing as provided in Section 19-21.1 (2) 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 llth day
of April, A. D. 1968.
s/ Thomas W. Bennett
Mayor
ATTEST:
s/ Miles F.
ity Clerk
Motion was made by Councilmn Carson, seconded by Councilman Troxell, that this
solution be adopted. Roll was called resulting as follows: Ayes: Councilmen
nnett, Carson, Troxell, Kissock and Kruchten. Nayes: None. The President declared
the motion adopted.
The following resolution was presented and read at length:
RESOLUTION
OF T HE ZONONG BOARD OF APPEALS OF THE CITY OF FORT COLLINS RECOMMENDING TO THE CITY
COUNCIL OF THE CITY OF FORT COLLINS A CHANGE IN THE CITY ZONING ORDINANCE
WHEREAS, the Zoning Boardcf Appeals has been presented with appeals from deter-
ninations of the City Building Inspector refusing permits to construct retail facilities
in apartment houses to be: constructed in RE High Density Residential District under the
City Zoning Ordinances; and
WHEREAS, the parties appealing to such Board have contended that such facilities
re permissible as accessory uses under the City Zoning Ordinances; and
WHEREAS, the Zoning Board of Appeals has determined that such uses are not
ccessory uses under the City Zoning Ordinances but nevertheless recognizes that in many
reas such facilities are constructed in conjunction with apartment house buildings; and
WHEREAS, it is the opinion of the Zoning Board of Appeals that the City Council
aould consider whether or nt the zoning ordinance should be amended to allow such Yacil-
ties as an accessory use in apartment houses.
NOW, THEREFORE, BE IT RESOLVED that the Zoning Board of Appeals of the City of
ort Collins hereby recommends to the City Council that it consider amending the Zoning
rdinance of the City of Fort Collins so as to allow retail shops to be placed in apartment
ouses erected in RE High Density Residential Districts under the City Zoning Ordinance.
55
i
April 11, 1968
Passed and adopted at a regular meeting of the Zoning Board of Appeals held this
9th day of April, A.D , 1968.
/s/ Miles F. House
Secretary
Motion was made by Councilman CArson, seconded by Councilman Kruchten, tha
accept the resolution and refer same to the Planning and Zoning Board for study and
recommendation. Roll was called resulting as follows: Ayps: Council -ten Bennett,
Carson, Troxell, Kissock and Kruchten
motion adopted.
Nayes: None. The President declared the
The following bids were presented and read at length:
TO: Tom Coffey, City Manager
FROM: Roy A. Bingman, City Engineer
DATE: April 9, 1968
RE: Bids for Spring park Parking Lots.
Bids were opened at 10:00 A.M. April 9, 1968, for the construction of three
parking areas at Spring Park. The work includes construction of concrete curbs around
the areas, asphalt paving of the lots, and miscellaneous work, including a catch basin and
a driveway entrance.
The bids received were as follows:
Flatiron Paving Company of Greeley: $10,411.50
Fort Collins Ready -Mix Company 11,477.00
Kiefer Concrete, Inc., Fort Collins 11,587.00
It is recommended that the contract be awarded to the low bidder, Flatiron
Paving Company, in the amount of $10,411.50.
/s/
Motion was made by Councilman Troxell,
Respectfully submitted,
Roy A. Bingman
City Engineer
i
seconded by Councilman Kruchten, that the
bid for the Spring Park paving be awarded to Flatiron Paving Company of Greeley on a bid
of $10,411.50.
Roll
was called
resulting as follows:
Ayes:
Councilmen Bennett,
Carson
Troxell, Kissock
and
Kruchten.
Nayes: None. The
President
declared the motion
adopted
The City Manager advised the Council that the Fire Chief had sent in some samples
of the fire hose which was the product of the low bidder for tests for the underwriters
and the result of these tests had not been obtained as yet and the bids would be held up
until this information had been received. Motion was made by Councilman Carson, seconded
by Councilman Kissock, that the bids on the fire hose be tabled. Roll was called result-
ing as follows: Ayes: Councilmen Bennett, Carson, Troxell, Kissock and Kruchten.
Nayes: None. The President declared the motion adopted.
Mr. Stanley Case, Director of Public Utilities, made a progress report on the
uptown substation of the Light and Power Department and future requirements of electricitz
in the SW portion of the down town area. He showed charts and advised the Council
what they had accomplished in bringing the line to the up -town substation at West Oak
Street and South Sherwood Street. He further reported •that they were planning some
at least
expansions for the/next 20 years as it should be done in a very progressive manner. The
Conncil thanked Mr. Case for a very enlightening progress report.
56
L 11, 1968
The Mayor advised the Council that he had signed a proclamation making April 19th
Arbor day. Mr. Wayne Ballah will represent the Arbor Day committee and who will work
in conjunction with the Garden Club for having a celebration for this day forrhich there
will be planting in the City.
The following resolution was presented and read at length:
RESOLUTION b(, �o
OF THE COUNCIL OF THE CITY OF FORT COLLINS DIRECTING THE DIRECTOR OF FINANCE AS TO THE DE-
POSITS OF THE CASH BALANCE OF THE CITY, ESTABLISHING THE SURETY TO BE REQUIRED FOR SUCH
DEPOSIT AND DIRECTING THE INVESTMENT OF THE PERPETUAL CARE FUND GRANDVIEW CEMETERY
WHEREAS, the Charter of the City of Fort Collins provides that the City Council
shall direct the deposit of the cash balance of the City and establish the surety to be
required for such deposits; and
WHEREAS, Section 6-8 of the Code of Ordinances provides that the City Council
shall direct the investment of the Perpetual Care Fund Grandview Cemetery; and
WHEREAS, the City Council desires to reestablish the directions heretofore in
effect regarding such matters and to make certain changes in said directions.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL,OF THE CITY OF FORT COLLINS:
Section 1. The Director of Finance is hereby directed to deposit the cash
balance of the City in the commercial banks doing business in the City of Fort Collins,
without discrimination and equally as far as possible.
Section 2. For all deposits of City funds the Director of Finance shall require
the bank in which such funds are deposited to pledge United States Government securities
(treasury bills, bonds, obligations guaranteed by the United States of America and similar
securities) equal in par value to 110o of the amount of such deposit.
Section 3. The Director of Finance is hereby directed to invest the surplus
funds of the City in certificates of deposit in commercial banks in the City of in bonds
of the City of Fort Collins or in securities of the United States of America or in obli-
gations guaranteed by the United States of America. For funds deposited in commercial
balks the Director of Finance shall require such bank to pledge United States Government
securities (as defined in Section 2 above) equal in par value to 110% of the amount of
funds so deposited.
Section 4. The Director of Finance is hereby directed to cause the Perpetual
Care Fund Grandview Cemetery to be invested in the Savings and Loan Associations doing
business in the City of Fort Collins, without discrimination, and equally so far as poss2i
Section 5. The Director of Finance shall appoint custodians for the Perpetual
Care Fund Grandview Cemetery, and such funds shall be deposited in the names of such per-
sons as custodians. No custodian shall hold more on deposit than $15,000 at any time.
All custodians shall be employees of the City and the appointment of custodians shall be
approved by the City Manager. Each custodian shall be bonded for $5,000 with a commercial
surety company.
Passed and adopted at a regular meeting of the City Council held this llth day of
April, A. D. 1968.
/s/ Thomas W. Bennett
Mayor
IATTEST
/s/ Miles F. House
City Clerk
Motion was made by Councilman Kruchten, seconded by Councilman Troxell, that
this -resolution be adopted. Roll was called resulting as follows.: Ayes: Councilmen
jBennett, Carson, Troxell,Kissock and Kruchten
the motion adopted.
Nayes: None. The President declared
The following resolution was presented and read at length:
RESOLUTION
OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING AN ELECTRIC TRANSMIISSION,LINE LICENSE
AGREEMENT TO BE ENTERED INTO WITH THE COLORADO AND SOUTHERN _RAILWAY COMHANY
WHEREAS, it is necesary that the City of Fort Collins acquire a right of way for
an electric transmission line across or along the right of way or station grounds of the
Colorado and Southern Railway Company; and
WHEREAS, an agreement has been prepared providing for said right of way, which
agreement has been approved by the City Attorney.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that
the terms and conditions of said agreement be and the same are hereby accepted and approved
and
57
0
April 11, 1968
BE IT FURTHER RESOLVED that the Mayor and City Clerk be and they hereby are
authorized and directed to execute said agreement for and on behalf of the City of Fort —
Collins.
Passed and adopted at a regular meeting of the City Council held this.11th day
of April, A. D. 1968.
/s/ Thomas W. Bennett
Mayor
/s/ Miles F. House
.City Clerk
Motion was made by Councilman Kissock, seconded by Councilman Carson, that this
resolution be adopted. Roll was called resulting as follows: Ayes: Councilmen
Bennett, Carson, Troxell, Kissock and Kruchten. Nayes: None. The President decl
the motion adopted.
The following communication was presented and read at length:
April 4, 1968
The Honorable, The Mayor and City Council
of the'City of Fbrt Collins
P. 0. Box 58o
Fort Collins, Colo -ado 80521
Gentlemen:
Mr. Jay Lee of Greeley has offered to the City of fort Collins certain water
rights claimed to be owned by him as follows:
1) Lost Lake located in Rocky Mountain National Park. Lost Lake has a decreed
priority dated 1911 for 137.74 acre feet of water but apparently the maximum releases
have never exceeded 66 acre feet. This lake is not tributary to the Cache La Poudre
River and the water could be used only by exchange. We find that the National Park would
seriously oppose any attempted enlargement of the reservoir or increased usage therefrom.
2) Mirror Lake locatedjust north of Rocky Mountain National Park but within
the Roosevelt National Forest being tributary to Cascade Creek, which inturn is tributary
to theCache La Poudre River. This lake has no decree but does appear to be capable of
maintaining 540 acre feet or more of active storage at a construction cost of perhaps
$40,000.00. We would anticipate filling the reservoir with unappropriated water only at
the rate of 150 acre feet per year on the average. Mirror lake tss attractive possibilitie
but its remoteness makes construction or maintenance expremely difficult and it would
appear that water from other sources could be acquired at less cost.
.The Water Board has made such preliminary studies as'it has deemed advisable
in connection with both of the above reservoirs. It is the unanimous opinion and recom-
mendation of the Water Board that the City ofFort Collins decline atthis time to purchase
either of the water rights.
Respectfully submitted,
/a/ Ward H. Fischer
President, Water Board of the City
of Fort Collins
Motion was made by Councilman Kruchten, seconded by Councilman Troxell, that they
accept the recommendation of the Water Board. Roll was called resulting as follows:
Ayes: Councilmen Bennett, Carson, Troxell, Kissock and Kruchten. Nayes: None.
The President declared the motion adopted.
The City Manager advised the Council that they had obtained Mr. March, Jr.,
speaker, for a meeting of the Blue Ribbon Economic Base Committee and requested the Mayor
to call a meeting of the Committee as well as to invite any of the general public that
might be interested. He stated that the meeting would be held in the Fellowship Hall in
First
the/Methodist Church on April 23, 1968. Motion was made by Councilman Carson, seconded by
Councilman Troxell, that the Mayor be authorized to call a meeting of the Blue Ribbon Com-
mittee for 7:00 P.M. in the Fellowship Hall in the First Methodist; Church. Roll was calldd
resulting as follows: Ayes: Councilmen Bennett, Carson, Troxell, Kissock and Kruchten.
Nayes: None. The President declared the motion adopted.
Director of Public Works Liquin, presented the Council with a list of paving
petitions that had been received for black topping the alleys in the City. Motion was
made by Councilman Troxell, seconded by Councilman Kissock, that the paving petitions be
nferred to the Director of Public Works to prepare the proper report of same. Roll was
53
April 11, 1968
called resulting as follows: Ayes: Councilmen Bennett, Carson, Troxell, Kissock and
Kruchten. Nayes: None. The President declared the motlon adopted.
Under questions and comments by the Council, Mayor T. W. Bennett presented and
read his resignation as Mayor of the City of Fort Collins and Chairman of the City Council,
effective April 18, 1968. His letter of resignation explained fully the reasons and stated
that he would still maintain his seat on the City Council until the end of his term. Motio•.
was made by Councilman Kissock, seconded by Councilmn Kruchten, that the resignation of
Mayor Bennett as Mayor of the City and Chairman of the City Council, be accepted and the
City Attorney be authorized to prepare the necessary papers in accordance thereof. Roll
was called resulting as follows: Ayes: Councilmen Bennett, Carson, Troxell, Kissock
and Kruchten. Nayes: None. The President declared the motion adopted.
Motion was made by Councilman Kissock, seconded by CouncilmaiCarson, that the
Council adjourn. Roll was called resulting as follows: Ayes: Councilmen Bennett,
Carson, Troxell, Kissock and Kruchten. Nayes: None. The President declared the
motion adopted and the Council adjourned.
i
ATTEST:
y Ule