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HomeMy WebLinkAboutMINUTES-08/21/1969-Regular476 MINUTES OF A REGULAR MEETING OF THE COUNCIL OF THE CITY OF FORT COLLINS, Held Thursday, August 21, 1969, at 1:30 o'clock P.M. Present: Councilmen Carson, Troxell, Lopez and Kruchten. City Manager Coffey, Assistant City Attorney March and Director of Public Works Liquin. Absnet: Councilman Kissock, excused. Motion was made by Councilman Kruchten, seconded by Councilman Troxell, that the reading of the minutes of the last regular meeting held August 14, 1969, be dispensed with. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez and Kruchten. Absent: -Councilman Kissock, excused. Nayes: None. The Mayor declared the motion adopted. The hearing and first reading of Ordinance No. 51, 1969, which was the assessment for Street Improvement District No. 61, was scheduled as the first item on the agenda. Since there were no people in the audience interested in this matter and due to the length of the ordinance, this was delayed until the last of the meeting. +,pp The matter of paving petitions for the -Buckingham area was presented. The Assistant City Attotney stated that the petitions are not in proper form, do not contain sufficient signatures, and they need descriptions of, property involved, streets to be improved, etc., and advised the Council that his office could assist in preparation of the petitions. Councilman Kruchten stated that a request was'made for this district' approximately two months ago and it was his opinion that the Council should under- take to initiate such an improvement district and make every effort to get this district under way. Motion was made by Councilman Troxell, seconded by Councilman Lopez, that this matter be referred to the City Attorney and City Manager to assist the residents of the Buckingham area to get this district started. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez, and Kruchten. Absent: Councilman Kissock, excused. Nayes: None. The Mayor declared the motion adopted. The City Manager presented petitions signed by five residents repre- senting a substantial amount of land in the 200 Block of West Plum Street, request- ing organization of an Improvement District for surfacing of West Plum Street, and advised the Council to accept these petitions and refer the matter to the City Attorney. Motion was made by Councilman Kruchten, seconded by Councilman Lopez, that this matter be referred to.the City Attorney for the proper action. " Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez and Kruchten. Absent: Councilman Kissock, excused. Naves: None. The Mayor declared the motion adopted. 477 The following agreement was presented and read at length: DRAFT AGREEMENT August 7, 1969 - THIS AGREEMENT, made between the City of Fort Collins, Colorado, a Colorado municipal corporation, hereinafter referred to as the "City", and the Archdiocese of Denver, A Corporation Sole, hereinafter called the "Church". WITNESSETH: WHEREAS, the parties are desirous of entering into an agreement con- cerning that certain property situated in the vicinity of Street and Street, within the City limits of the City of Fort Collins, Colorado, and more specifically described herein below, in order that the City may use this ground, which presently is a playground for Holy Family Grade School, for recreational: purposes until such time as the Church gives notice to the City to vacate the, premises; and WHEREAS, the parties are desirous of specifying the terms and condi- tions upon which the Church will aIlow the City to use the -.aforementioned pro- perty for recreational purposes. NOW, THEREFORE, IT IS UNDERSTOOD AND AGREED AS FOLLOWS: 1. The Church agrees to allow.the City to use the property described herein below for recreational purposes, to -wit: The et he and North igf Lot 7 feet ofdtheeEast 50 North �a ofaLoto8,tBlocku63, City o7 f Fort Collins, Colorado. The term "recreational purposes" shall mean any City -sponsored and authorized recreation during the period of time for which this agreement is effective. j 2. The City agrees to operate and maintain the property described hereinabove for authorized and officially sponsored City recreational uses dur- ing the period of time for which this agreement is effective. The City agrees to maintain the premises in such orderly condition as is necessary for the recreational uses to which the property is put. 3. The Church agrees to allow the City to use existing recreational facilities now on the aforesaid property, or to erect additional facilities as may be necessary to fully utilize the property for recreational purposes; however, the City agrees that upon notification by the Church to vacate the p^emises, as described in paragraph 5 below, the City shall immediately restore the property to its original condition and remove all additional recreational facilities which the City may have located thereon. 4. The City agrees to hold the Church free from any liability which may result from any personal injuries suffend by the users of the property for recreational purposes or by spectators in attendance, and to that end, the City agrees to furnish personal liability insurance in the amount of $50,000 per in- jury and $100,000 per accident to cover the above described property and personal' injurjes: occurring from the recreational use of such -property. 5. The parties agree that this Agreement shall be :terminable at the sole option of the Church, and that the Church shall provide the City ninety-(90) days notification in writing when it desires the terms and conditions of this Agreement to be at an end. CITY OF FORT COLLINS ATTEST: John Bartel /a/ E. C THE ARCHDIOCESE OF DENVER By Wes V. Casey, Archbishop of Denver F' The City Manager stated that they closed the playground but that.he realized that the children needed a place to play. He advised the Council be increased to a one year clause and that the 90 day cancellation clause/should include the City as well as the school and it should be open to the public and that the insurance would be a General part of the City's/policy. He said there were 5;g acres.sduth of the river, owned by Mr. Bender, three blocks from the Holy Family School, which could be made into a playground, also, 14 acres in the tree dump, not all in use as a dump, more land could be had and Mr. Smith has approximately 10 acres. A playground and park development would be illegible for Federal Aid. The Mayor stated he thought the playground at Holy Family School was very small and would not serve very many youngsters and suggested a little more money be spent for more facilities in the park back of the City Hall. Councilman Lopez stated that they need a playground for the smaller children and said the corner of Cherry and Loomis would probably be an ideal area or the Laporte School park area. Mr. Valerio Miranda was present and spoke in regard.to a definite need for improvements at the Holy Family School, if only blacktopped. He said there to would be a kindergarden progam this year and the school agreed to open it/the the public. After further discussion, motion was made by Councilman Troxell, /-A seconded by Councilman Lopez, to refer the matter to the City Manager to confer with the Parks and Recreation Department to modify lease agreement to correct deficiencies and to consider some of the immediate alternatives to provide better recreational facilities in the north side of town. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez and Kruchten. Absent: Councilman Kissock, excused. Nayes: None. The Mayor declared the motion adopted. log The premininary hearing for a fermented malt beverage license for Frank Perez dba Pancho's Cafe, 1802 North College Avenue, was presented. Motion was made by Councilman Kruchten, seconded by Councilman Lopez, that September 11, 1969, be set as the date for th-hearing of this application. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez and Kruchten. Absent: Councilman Kissock, excused. Nayes: None. The Mayor declared the motion adopted. The Mayor declared a short recess to reconvene as a Liquor Licensing llo Authority. After discussion, motion was made by Councilman Troxell, seconded by Councilman Lopez, that the application of William G. Goff, 429 Canyon Avenue, for} a package license, be.referred to the City Attorney. Roll was called result- ing as follows: Ayes: Councilmen Carson, Troxell, Lopez and Kruchten. 179 Absent: Councilman Kissock, excused t 21. 1 Nayes: None. The Mayor declared the motion adopted. The Mayor declared the Authority adjourned and.again acting as a Council. The following resolution was presented and read at length: RESOLUTION 6a OF THE COUNCIL OF THE CITY OF FORT COLLINS APPOINTING JAMES JOHNSON AS AN ASSISTANT MUNICIPAL JUDGE . WHEREAS, the City Council desires to appoint James Johnson as an assistant municipal judge for the City of Fort Collins, and WHEREAS, the said James Johnson is an attorney, admitted to practice law in Colorado, and in the opinion of the City Council well qualified to act as an assistant municipal judge for the City. NOW, THEREFORE, BE'=IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that James Johnson be, and he hereby is, appointed an assistant municipal judge of the City of Fort Collins, to serve as such until further action of the City Council. Passed and adopted at a regular meeting of the City Council held this 21st day of August, 1969. /s/ Karl E. Carson Mayor ATTEST: /s/ John Bartel City Clerk Motion was made by Councilman Troxell, seconded by Councilman Lopez, that this resolution be adopted. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez andKruchten. Absent: Councilmen Kissock, excused. Nayes: None. The Mayor declared the motion adopted. /I& The City Manager stated thathe had received from the Telephone Company a bill of sale concerning wooden poles being sold and purchased under the City's agreement.with the Telephone Co., stating they were buying one and selling one for a net cost to the City of $36.80 which needs the Mayor's and City Clerk's signa-. ture. Motion was made by Councilman Kruchten, seconded by Councilman Troxell, to accept this bill of sale and that the City Clerk and Mayor be authorized to sign this bill of sale, on behalf of the City. Roll was -called resulting as follows: Ayes: Councilmen C-rson, Troxell, Lopez and Kruchten. Absent: Councilman Kissock, excused. Nayes: None. The Mayor declared the motion adopted. The following ordinance was presented and read at length on first reading. ORDINANCE NO. 51, 1969 BEING AN ORDINANCE ASSESSING THE COST OF IMPROVEMENTS IN STREET IMPROVEMENT DISTRICT NO. 61 AND PROVIDING FOR THE PAYMENT AND COLLECTION THEREOF Motion was made by Councilman Kruchten, seconded by Councilman Troxell, E that Ordinance No. 51, 1969, be considered favorably on first reading and to be presented for final passage on the llth day of September, 1969. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopex and Kruchten. Absent: Councilman Kissock, excused. Nayes: None. The Mayfly^ declared the motion adopted. Motion was made by Councilman Kruchten, seconded by Councilman Troxell, that the Council adjourn. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez and Kruchten. Absent: Councilman Kissock, ex'.= sed. Nayes: None. The Mayor declared the motion adopted and the Council adjourned. Mayo ATTEST: