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HomeMy WebLinkAboutMINUTES-05/02/1968-Regular72 May 2, 1968 II MINUTES OF A REGULAR MEETING OF THE COUNCIL OF THE CITY OF FORT COLLINS, Held Thursday, May 2, 1968, at 1:30 o'clock P.M. Present: Councilmen Carson, Troxell, Kissock, Kruchten and Bennett. City Manager Coffey, City Attorney March and Director of Public Works Liquin. Motion was made by Councilman Kruchten, seconded by Councilman Bennett, that the reading of the minutes of the last regu1r meeting held April 28, 1968, be dispensed with. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Kissock Kruchten and Bennett. Nayes: None. The President declared the motion adopted. This being the date of hearing and first reading of Ordinance No. 19, 1968, being the ordinance rezoning property of Joe J. Staughan of Stuart Street. The City has received a request from Mr. John Kochenberger, Attorney for the protesting property owners in the neighborhood, to postpone the hearing and first reading to May 16, 1968, for the reason of death in his family. The following letter was presented and read at length: HARDh'd AND WYATT April 30, 1968 Mr. Tom Coffey City Manager City Hall Fort,Collins, Colorado Dear Mr. Coffey: On this date I have consulted with my clients regarding the Straughan Petition for rezoning that was set for hearing at 1:30 P.M. on May 2, 1968. While a continuance on this hearing will work considerable difficulty on both my clients and myself, they have nevertheless agreed to continue the matter to 1:30 P.M. on May 9,1968. I have made other commitments for that date and will attempt to alter these commitments to permit my appear- ance in behalf of my clients. However, with much regret and due to circumstances beyond our control, it may be necessary that I use a substitute counsel. We appreciate the reasons for the continuation being requested and again in an effort to be more than fair, we consent to said continuance. Respectfully submitted, /s/ Bill Wyatt After some discussion, motion was made by Councilman Bennett, seconded by Coun- cilman Kissock, that the hearing be continued to May 9, 1968, at 1:30 ofclock P.M. or as thereafter as the matter may come on for hearing. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Kissock, Kruchten and Bennett. Nayes: None. The President declared the motion adopted. This being the date for. hearing and first reading of an ordinance rezoning pro- perty at the corner of West Magnolia and South Howes Street, requested by Schmick-Vigor, the following ordinance was presented and read at length: ORDINANCE NO. 20, 1968 BEING AN ORDINANCE AMENDING THE ZONIiNG ORDINANCE OF THE CITY OF FORT COLLINS BY CHANGING THE CLASSIFICATION FOR CERTAIN PROPERTY The City Clerk advised the Council that there were no protests filed in writing. The Mayor requested if there any one present in the audience who wished to speak upon this subject, there being none, motion was made by Councilman Kissock, seconded by Councilmai Bennett, that Ordinance No. 20, 1968, be considered favorably on first reading, and ordered published this second day of May, A. D. 1968, and to be presented for final passage on the 23rd day of May, A. D. 1968. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Kissocl�, Kruchten and Bennett. Nayes: None. The President declares the motion adopted. The following bids were presented and read at length: 73 M April 30, 1968 TO: Mr. Tom Coffey, City Manager FROM: R. S. Baker Purchasing Agent SUBJECT: Bid of cast iron fittings, April 25, 1968, as tabulated below. Pacific States Cast Iron Pipe Water Works Sales Mine and Smelter Supply Thompson Pipe & Steel 2,1968 $ 3759.86 Net $3759.86 3933.07 3933.07 4097.23 2% 4015.29 10 days 4419.90 2% 4331.50 10 days Pacific States, in their bid substituted four ^mith Blair Couplings for Dresser Couplings. This is not acceptable fo the City. The amount of these items i`$356.56) she be deducted fromtheir bid as per agreement with them, thus making their bid $3403.30. 1 recommend we accept the Pacific States bid. /s/ R. S. Baker Purchasing Agent Motion was made by Councilman Troxell, seconded by Councilman Kruchten, that the low bid of the Pacific States Cast Iron Pipe in the amount of 3,I1403.30, be accepted. Roll as called resulting as follows: Ayes: Councilmen Carson, Troxell, Kissock, Kruchten and Bennett. Nayes: None. The President declared the motion adopted. The following bids were presented for installation of the sprinkling system at the City Park: May 1, 1968 0: Mr. Tom Coffey, City Manager ROM: R. S. Baker, Purchasing Agent UBJECT: Bid of installation of sprinkling system at City Park. May 1, 1968. idder - Installation Install P.V.0 Pipe Quick Coupler Main Control 2700 L. Ft. Valves (15) Valve .Ti Bath th Landscapes $1161.00 $ 45.00 $ 30.00 Colorado Lawn 1954.00 100.00 79.00 Sprinklers, Loveland I would like to recommend the acceptance of the low bid. Total cost of installati $ 1236.00 1954.00 /s/ R. S. Baker Purchasing Agent Motion was made by Councilman Kruchten, seconded by Councilman Troxell, that the w bid of Bath Landscapes in the amount of $1,236.00, be accepted. Roll was called sulting as follows: Ayes: Councilmen Carson, Troxell, Kissock, Kruchten and Bennett. ayes: None. The President declared the motion adopted. An application of the Green Onion, Corp., Elitier F. Pail, President, for renewal f a 3.2% Beer License for the State of Colorado and the issuance of a Non -Intoxicating alt Beverage License, was presented. After some discussion, motion was made by Councilman ennett, seconded by Councilman Kissock, that the licenses be renewed. Roll was called sulting as follows: Ayes: Councilmen Carson, Troxell, Kissock, Kruchten and Bennett. ayes: None. The Pr:e.sident declared tYe motion adopted. It was noted by the Council that the application of the State license requested it be .issued to the Green Onion Corp., whereas the license as previously granted in=1967, was issued to Elmer F. Peil dba the Green Onion. Councilman Bennett withdrew his motion with approval of the second. Motion was made by Councilman Bennett, seconded by Councilman Kissock, that this application be referred to the City Clerk to notify the applicant of the difference in the names in which the license was requested and to correct same. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Kissock, Kruchten and Bennett. Nayes: None. The President declared the motion adopted. for \The Mayor advised the Council that he was issuing a proclamation /�3eri,or Citizens Week and one for Music Appreciation Week. 74 The following letter was presented and read at length: May 2, 1968 POUDRE-THOMPSON COMMUNITY ACTION PROGRAM, INC. April 29, 1968 Members of the City Council of Fort Collins: I appreciate very much the opportunity afforded me to present before the City. Council of Fort Collins on April 4, 1968, the significance of recent AMENDMENTS to the Economic Opportunity Act and their meaning for]ocal governments. It is my understanding that the Commissioners of Larimer Cc unty will make no designation Of a community action agency at the present time. It remains, however, the perogative of each incorporated community in our County to designate a community action agency if they so desire. In view of population requirements, the Poudre-Thompson Community Action Program is the only feasible choice. With a designation or in the absence of such a designation, the Poudre-Thompson Community Aatin Program will apply for continued recognition by the Office of Economic Opportunity as the agency to serve this County, in accordance with the recent designation by Governor Love. Such application must be made not later than May 15, 1968. Should your Council desire to make a designation, the proper procedure is as follows: Date for a public hearing should be set, (this might be incorporated with your regular meeting) and public notice be given at least ten days in advance thereof. Folbwing the hearing, a decision should be reached, and if it is decided to make a designation, notice of the designation should be made to the Office of Economic Opportunity Regional Office, 911 Walnut Street, Kansas City, Missouri; to the Governor's Office, c/o Mr. Sam Martinez State Capitol, Denver; to the Poudre-Thompson Community Action Program, Loveland, (blorado; to the Board of Commissioners of Larimer County; and to each municipality within the County. Forms for reporting the designation to these various offices may be obtained frorr our office upon request. I will be pleased to provide any further information you desire in this regard; and would appreciate written word as to your action in this matter. Very truly yours, /s/ Stowell Sandmeyer Executive Director After some discussion in which Councilman Kruchten explained the program referred to in this communication, motion was made by Councilman Kruchten, seconded by Councilman Troxell, that the City Manager notify Mr. Sandmeyer, Executive Director, that the City Council took no action and that this program would be brought bath before the Council for action at a later date. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Kissock, Kruchten and Bennett. Nayes: None. The President decla the motion adopted. The following communication was presented and read at length: April 29, 1968 City Council of Fort Collins 300 Laporte Avenue Fort Collins, Colorado Attention: Tom R. Coffey IDea.r Mr. Coffey and City Council Members: At the meeting of the Commission for Senior Citizens Friday, April 26th, we had a request by several Senior Citizens Groups to obtain the following information from the Council as to: What procedure is necessary to secure permission for placing benches at several corners along College Avenue in the downtown area? Any information which you m ay be able to giv e us will be greatly appreciated. Thank- ing you in advance for'your kind consideration, we remain. Very truly yours, /s/ Harry Asmus, Vice President Senior Citizens Commission After some discussion, motion was made by Councilman Kruchten, seconded by Councilman Bennett, that the matter be referred to the City Manager with instructions to investigate and evaluate the program as presented, and report back on same. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Kissock, Kruchten and Bennett. Nayes: None. The President declared the motion adopted. The following resolution was presented and read at length: RESOLUTION OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING THE APPLICATION BY THE CITY OF FORT CDLLINS FOR THE TEMPORARY USE OF 9 ACRE FEET OF WATER FROM THE WORKS OF THE NORTHERN COLORADO WATER CONSERVANCY DISTRICT 75 May 2, 1968 WHEREAS, the City of Fort Collins has applied for 9 acre feet units of water of the Northern Colorado Water Conservancy District, and 11 WHEREAS, the Board of Directors of the Northern Colorado Water -Conservancy District require that the City of Fort Collins enter into temporary use permit agreements with said District for the transfer of said water, and WHEREAS, the Northern Colorado Water Conservancy District has submitted appro- priate forms of temporary use permit agreements to be entered into by the City of Fort Collins. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the Mayor and City Clerk be and they hereby are authorized and directed to apply for the temporary use of said 9 acre-feet of water by entering into temporary use permit agree- ments with the Northern Colorado Water Consery ancy District. Passed and adopted at a regular meeting of the City Council held this 2nd day of May, A. D. 1968. /s/ Karl E. Carson Mayor i (ATTEST: s/ Miles F. House ity Clerk �— Motion was made by Councilman Kissock, seconded by Councilman Bemnett, that this resolution be adopted. Roll was called resulting as follows: Ayes: Councilmen Carson ITroxell, Kissock, K.r.uchten and Bennett. Nayes: None. The President declared the motion adopted. The following communication was presented and read at length: April 30, 1968 The Honorable, The Mayor and City Council of the City of Fort Collins P. 0. Box 580 Fort Collins, Colorado Gentlemen: By letter (attached) the Mail Creek Lateral Ditch Company has offered to trade 8.615 shares of the capital stock of the Larimer County No. 2 Ditch Company, owned by it, for 8.515 shares of the capital stock of the New Mercer Ditch owned by the City of Fort Collins. It would appear that this represents all of the shares of Mercer water owned by the City of Fort Collins. New Mercer water is used by the City of Font Collins for irrigation in the vicinit, of the cemetery and the old golf course. The golf course can be irrigated from other sources including Northern Colorado Water Conservancy District water and water from the Pleasant Valley and Lake Canal. Larimer County No. 2 water, according to th= Water Commissioner, will produce more water per share in a normal season than will water of the New Mercer. The New Mercer waer has an earlier decree and hence is a somewhat more depandable source of water. It would appear, however, that Larimer County No. 2 water would be extxenely val- uable for use on the new golf course of the City and further would allow the City to con- solidate its water rights in that ditch. It is the opinion of the Water Board that it wou] be. desirable for the City to exchange its New Mercer water for the Larimer County No. 2 water as above set forth. The City Charter contains certain provisions concerning disposition of City water rights and the Water Board, of course, expresses no opinion as to the legality of this exchange. It is, therefore, the recommendation of the Water Board that, based upon the advice of the City Attorney, the exchange above outlines be made if such exchange is per- mitted by the Charter. It is further the recommendation of the Water Board that in the event the Charter prohibits such exchange, an agreement be entered into with the Mail Creek Ditch Company for such exchange conditioned upon approval of the voters at the next regular election. It goes without saying that we recommend that all negotiations be handled by the City Attorney. In the event that the Charter prohibits this type of exchange, it would appear advisable for the Council to consider a Charter amendment allowing such exchanges. This Ls not yet the recommendation of the Water Board because we are not yet advised of the City attorneyls view on the exchange; question. We would be happy to make a recommendation in his regard should the Council so desire. Respectfully submitted, Ward H. Fischer President Water Board of the City of Fort Collins During the discussion of the contents of the foregoing communication, the City lttorney advised the Council that in his opinion, this could not be carried out under the 76 May 2, 1968 Charter of the City of Fort Collins. This section being Section 3 of Article IX9. Motion II that was made by Councilman Kruchten, seconded by Councilman Troxell,/the exchange be denied. Roll was called resulting asfollows Kruchten and Bennett. Nayes: Ayes: Councilmen Carson, Troxell, Kissock, None. The President declared the motion adopted. It was discussed that this section was not liberal enough to allow the City to take advantage of the sale of some property or exchange of some which would be advantageous to the City of Fort Collins. In this discussion, it was suggested that the City present an amendment to the Charter which would allow the action which was discussed at this time. Motion was made by Councilman Kruchten, seconded by Councilman Troxell, that the City Attorney draft a Charter- amendment which might be placed upon the ballot in the election of 1969• Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Kissock, Kruchten and Bennett. Nayes: None. The President declared the motion adopted. It was suggesed that the City Attorney incorporate the agreement and the Charter amendment in one action. Motion was made by Councilman Bennett, seconded by Councilman Kruchten, that the Council adjourn. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Kissock, Kruchten and Bennett. Nayes: None. Tge President declared the motion adopted and the Council adjourned. ATTEST: e (GCI� 2t v✓ _�� ---- Mayor