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HomeMy WebLinkAboutMINUTES-09/24/1970-Regular359 Se tember 24 1970 NlINUPES OF A REGULAR MEETING OF THE COUNCIL OF THE CITY OF FORT COLLINS, Held Thursday, September 24, 1970, at 1:30 o'clock P.M. Present: Councilmen Troxell, Lopez, Chilton and Kruchten. Assistant City ,tanager Michael De Tulio, City Attorney March and Director of Public Works Liquin. Absent: Mayor Carson and City Manager Coffey, excused. Assistant Mayor Kruchten acting Mayor. Motion was made by Councilman Lopez, seconded by Councilman Kruchten, that the reading of the minutes of the last regular meeting held September 17, 1970, be dispensed with. Roll was called resulting as follows: Ayes: Councilmen Kruchten, Troxell, Lopez 14 and Chilton. Absent: Councilman Carson, excused. Nayes: None. The Mayor declared the motion adopted. The following ordinance was presented on second reading: ORDINANCE NO. 51, 1970 BEING AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF FORT COLLINS BY CHANGING THE CLASSIFICATION FOR CERTAIN PROPERTY DIotidn was made by Councilman Lopez, seconded by Councilman Chilton, that Ordinance No. 51, 1970, be adopted. Roll was called resulting as follows: Ayes: Councilmen Kruchten, Troxell, Lopez; and Chilton, Absent: Councilman Carson, excused. Nayes: None. The Diayor declared the motion adopted. The following ordinance was presented on second reading: 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 Troxell, that Ordinance No. 52, 1970, be adopted. Roll was called resulting as follows: Ayes: Councilmen Kruchten, Troxell, Lopez and Chilton. Absent: Councilman Carson, excused. - Nayes: None. The Mayor declared the motion adopted. The following ordinance was presented on second reading: 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 adopted. Roll was called resulting as follows: Ayes: Councilmen Sruchten, Troxell, Lopez and Chilton. Absent: Councilman Carson, excused. Nayes: None. The Mayor declared the motion adopted. The following ordinance was presented on first reading and read at length: ORDINANCE NO. 58, 1970 BEING AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE CITY OF FORT COLLINS, COLORADO The City Attorney asked the Director of Public Works that since Ordinance No 58, 59, 60 and 61, 1970, were all forced annexations, if all state and City requirements been met. The Director of Public Works stated that the West Mulberry Fifth, Overland Trail and Southwest Annexations were pennisulas and Stover Annexation was an island, all requirements have been met and were subject to urbanization. Motion was made by Councilman Troxell, seconded by Councilman Chilton, that Ordinance No. 58, 1970, be considered favorably on first reading and ordered published this 24th day of September, 1970, and to be presented for final. passage on the 15th day of October, A. D. 1970. Roll was called resulting as follows: Ayes: Councilmen Kruchten, Troxell, Lopez and Chilton. Absent: Councilman Carson, excused. Nayes: None. The Mayor declared the motion adopted. 360 SepYe�har 94 197n The following ordinance was presented on first reading and read at length: ORDINANCE NO. 59, 1970 BEING AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE CITY OF FORT COLLINS, COLORADO Motion was made by Councilman Lopez, seconded by Councilman Troxell, that i Ordinance No. 59, 1970, be considered favorably on first reading and ordered published this 24th day of September, 1970, and to be presented for final passage on the 15th day of October, 1970. Roll was called resulting as follows: Ayes: Councilmen Kruchten, Troxell, Lopez, and Chilton. Absent: Councilman Carson, excused. \ayes: None. The Mayor declared the motion adopted. The following ordinance was presented on first reading and read at length: ORDINANCE NO. 60, 1970 BEING AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE CITY OF FORT COLLINS, COLORADO Mr. Herb Schroeder, 3000 West Lake, uas present and described the Council's actions as a yoyo, and that all should be treated equal according to law. He asked if everyone is treated equal and stated that the last time we got together, we did not have an open and closed meeting, that the Council has secret information on annexations that the people are not getting. In all hearings most of the people have been against these annexations and asked if there could be free dialogue between all. He stated that people have made requests for sewer and water tap, that we do not want tocome into the City. The City Attorney informed Mr. Schroeder that Cases of this type have been upheld in the Supreme Court. Acting Mayor .Kruchten stated that the storm sewer is not the only reason for these annexations, that they are necessary for growth. Councilman Troxell stated when this was brought to the Council, it was referred to the Planning and Zoning Board for their recommendation and then referred to the City Attorney for resolution, hearing date and Ordinance , that the Planning and Zoning Board is an advisory to the Council and have concern for all citizens. Acting Mayor Kruchten stated not only for the citizens, but for the City as a whole, stating that Mr. Schroeder has the right to take this to court, that procedures followed are passed bythe State Legislature. That the functions of the Planning and Zoning Board are not only with planning but all other aspects that may be beneficial to the City and people. The storm sewer is one of several items the Planning and Zoning Board considered in theis annexation. Mr. Schroeder stated it is not necessary to have storm sewer drainage. The Anderson $ Herring farms that were excluded should carry their portion. He was informed that these .farms would be annexed in the near future. Acting Mayor Kruchten stated that,Amendment No. 3, which would be on the ballot in November, provides citizens with additional rights. Mr. Schroeder asked that this ordinance be tabled. He stated that this is a tax district and a tax may be placed on the people without a vote. .The City Attorney stated the storm sewer district is not pertinent in this matter. Mr. Schroeder stated that Improvement Districts can only be within the City limits. The City Attorney stated that the citizens may remonstrate against annexations, etc. Mrs. Charlotte Post, 2824 West Lake, stated that she called the City Manager in August and he informed her the annexation was because of the forming of a Storm Sewer Distrim" Mr. Schroeder asked why not voluntary annexations instead of the City taking in 4 1/4 section of land. He was informed the developer and contractor install utilities, Y roads, etc. He asked how they could use the same terms on voluntary as they did the invol- untary annexations. Acting Mayor Kruchten stated to facilitate planning. Mr. Schroeder tibl can stated he would like to argue the zoning asking how the City/have medium density there, stating it will make for more repairs to the streets, that the City should have had ;.yore to the City, should be forethought. Stating that if you want to maintain a central chord zoned as RR, RM, BG, etc. that there should be a pattern to zoning. He stated the City planning for the future looks good, that there should no more development on Overland Trail. Does not believe the State will ever put the expressway throught the foothills but thinks it will be on Taft Hill. He stated the grouth of the City has never included the foothills, the limit should be just west of Overland Trail. He asked what the cost to the City would be. The Director of Public Works stated no cost except the publications in the newspaper. Acting Mayor Kruchten stated there was help from all departments of the City. Mr. Schroeder asked who pays for legal action in court proceedings. He was informed that the City does. Mr. Schroeder stated he challenges the voluntary annex ation of Alvin Miller's property, stating the land owners benefit, but the people pay for it. He was informed by the City Attorney that there are no additional fees as the Attorney is on a flat retainer. City out to et more and more annexation s, Mr. Schroeder stated it is apparent that the y is o g regardless whether there is opposition or not. Mr. George Post of 2824 West Lake, asked is there not something that says the land owners must be notified by mail, stating that he first got into this about a year ago, that he read about this annexation in Tuesday's paper that the hearing was to be on Thursday. He was informed that notice was published in the local newspaper when the Southwest Annexation was initiated, that it was not necessary to notify them again when the annexation was divided. Mr. Post stated their property is not in the City and thinks everyone should be notified again as this is a new ann exation. tion. He vas informed that the second reading is held in three weeks ne,.a and may be resolved then. Mrs. Kenneth Stewart of 2922 West Elizabeth, appeared and stated they were never notified of any annexations, that they were the only ones in the entire group that was not notified. Mr s, Bob Krist, 2740 Rest Elizabeth, appeared and asked the Council members, if they came to the meeting with an open mind, what their vote would be. Acting Mayor Kruchten stated they listen with care, sometimes an ordinance is passed, sometimes tabled. She asked since West Prospect will be arterial street, how about West Elizabeth. She was advised therer/no plans at present, but a traffic study will be made. The Director of Public Works stated that Elizabeth Street east to Taft Hill was 50 feet wide and west was 40 feet wide, that if this annexation is approved, it will be widened. She asked if the City pays the property owner for street right of way. Acting Mayor Kruchten stated they pay the property owner a fair price and if unable to agree, the property is con- demned. Councilman.Troxell made a motion that since the City has prepared for annexation of this property and consider the various.aspects, that Ordinance No. 60, 1970, be adopted on first reading. This was seconded by Councilman Lopez. Roll was called resulting as follows: Ayes: Councilmen Kruchten, Troxell, Lopez and Chilton. Absent: Councilman Carson, excusec .Nayes: None. The Mayor declared the motion adopted. Acting Mayor Kruchten stated Mr. Post and Mr. Schroeder should come to the meetings more often on other matters and appreciated the interest they have shown. The following ordinance was presented on first reading and read at length: ORDINANCE NO. 61, 1970 BEING AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE CITY OF FORT COLLINS, COLORADO Mr. Steve Paranka, 1865 Michael Lane, appeared and asked that this annexation be shown'on the map. He asked what the perimeter was as he thinks this is a'ngillegal procedure. The Director of Public Works stated that there are 270.43 acres. 25,87S�feet is the perimete' .7 19,1666 feet has been contiguous to the City for three years and 2/3 of perimeter is 362 17,253.18 feet. He stated that the farms that were excluded, Herring and Anderson, is for a 5 year agreement and will be annexed before that time. Mr. Schroeder stated he thought' the Brown farm was excempt fro mthe annexation and requested a copy of the ordinance. Councilman Troxell stated that it was agreed not to annex for 5 years in 1966, which would make them `eligible in 1971. After'discussion, notion was made by Councilman Troxell, seconded by Councilman Chilton, that Ordinance No. 61, 1970- be considered favorably on first reading - and ordered published this 24th day of September, 1970, and to be ?resented for final passage on the 15th day of October, 1970. Roil was called resulting as follows: ayes: Councilmen Kruchten, Troxell, Lopez and Chilton. Absent: Councilman Carson, excused. Nayes: None . The Mayor declared the motion adopted. The following ordinance was presented on first reading and read at length: ORDINANCE NO. 62, 1970 BEING AN ORDINANCE AMENDING SECTION 23-9-1 OF TH1. CODE OF ORDINANCES OF THE CITY OF FORT COLLINS, C0LORADO, 1958, AS AMENDED, RELATING TO DRIVING OF VEHICLES. Motion was made by Councilman Troxell, seconded by Co .cil= n Chilton, that 0 dinan: No. 62, 1970, be considered favorably on first rdading and ordered published this 24th day of September, 1970, and to be presented for final passage on the lsth day of October, 1970. Roll was called resulting as follows: Ayes: Councilmen Kruchten, Troxell, Lopez and Chilton. Absent: Councilman Carson, excused. Nayes: \one. The Mayor declared the motion adopted. The City Cldrk presented a plat and utility agree:a:.nt for Highlander Heights Twelfth Filing which was approved by the City Engineer. M:otionwas made by Councilman Troxell, seconded by Councilman Chilton that this plat be approved. Roll was called result- ing as follows: Ayes: Councilmen Kruchten, Troxell, Lopez and Chilton, Absent: Councilman Carson, excused. Nayes: None. The Mayor declared the motion adopted. The following communication was presented and read at length:, TO: Hono-rable Mayor and Councilmen THROUGH: Mr. Tom Coffey, City Manager FROM: Mir. Ed Kuppinger, Purchasing Agent SUBJECT: Underground Cable Bids Bids have been.received and evaluated covering consideration for purchase of 10,000 ft of 600 volt triplex Underground Cable. Six invitations to Bid were sent; five were returned. Last price paid was :355/ft. for 10,000 ft (2/70). This representes a price increase of .S over last bid.' A summary of the bids is as follows: Alcan Cable $ 3,600.00* (.360/ft) Kaiser Aluminum 3,840.00 Rome Cable 4,160.00 Alcoa Conductor 4,120.00 Anaconda Wire 4 Cable 4,250.00 All specifications have been met by the low bidder. The recommendation is that Alcan CAble be awarded the contract in the amount of $3.600.00. Respectfully submitted, /s/ E. M. Kuppinger Purchasing Agent Motion was made by Councilman Lopez, seconded by Councilman Troxell, that the recommendation of the Purchasing Agent be approved and the bid be awarded to the low bidder. Roll was called resulting as follows: Ayes: Councilmen Kruchten, Troxell, Lopez and Absent: Councilman Carson, excused. Nayes: None. The Mayor declared the motion adopted. The following communication was presented and read at length: 24, 1970 TO: Honorable Mayor and Councilmen THROUGH: Mr. Tom Coffey, City Manager FROM: Mr. E. M. Kuppinger, Purchasing Agent SUBJECT: Chain Link Fenee Installation Bids have been received and evaluated covering consideration for Contract to furnish and install Chain Link Fence as per City Specifications. Six invitations to Bid were sent; two were returned. A summary of the bids are as follows: Elcar Fence Co. (Denver) 15,887.00 Western Fence Co. (Denver) 18,191.00 Crest Fence Co. (Denver) No Response Everitt Lumber Co. (Ft. Collins) No Response Thermac LTd (Ft. Collin No Response Westridge Fence (Ft. Collins) No Response Mr. Ed Hilgenberg and Chuck Liquin have evaluated the bids and all specifications have been met by the low bidder. The recommendation is that Elcar Fence Company of Denver be awarded the contract in the amount of $8,887.00. Respectfully submitted, /s/ E. M. Kuppinger Purchasing Agent After discussion, motion was made by Councilman Chilton, seconded by Councilman Lopez, that the recommendation of the Purchasing Agent be approved and the bid awarded to Elcar Fence Co. Roll was called resulting as follows: Ayes: Councilmen Kruchten, -Troxell, Lopez and Kruchten. Absent: Councilman Carson, excused. Nayes: None. The Mayor declared the motionadopted. The following communication was presented and read at length: TO: Honorable Mayor and Councilmen THROUGH: Mr. Tom Coffey, City Manager FROM: Mr. Ed Kuppinger, Purchasing Agent SUBJECT: Janitorial Bids Bids have been received and evaluated covering consideration for purshase of the Janitorial Con tract for the period of October 1, 1970, to October 1, 1971. Eight Invitations '.o Bid were sent; four were returned. A summary of the bids is as follows: Pioneer Janitorial Service $ 820.00/Mo $ 2.48/Hr ** United Building Service 975.00/Mo 4.00/Hr Poudre Valley Janitorial 1,713.00/Mo 3.60/Hr G & H Cleaning 1,842.00/Mo 3.00/Hr **Withdrawn at request of bidder. Bids have been evaluated and it is recommended that United Building Service be awarded the contract in the amount of $975.00 per month, with an emergency fee service for $4.00/Hr. Respectfully submitted, /s/ Em M. Kuppinger Purchasing Agent. Pioneer Janitorial withdrew their bid after inspecting the buildings. Motion was made by Councilman Lopez, seconded by Councilman Chilton, that the recommendation of the Purchasing Agent be accepted and the.bid be awarded to United Building Service. Roll was F G called resulting as follows: Ayes: Councilmen Kruchten, Troxell, Lopez and Chilton. .' Absk Councilman Carson, excused. Nayes: None. The Mayor declared the motion adopted. I Councilman Troxell stated that due to the withdrawal by Pioneer Janitorial, that wi give this more consideration, as the City Attorney stated they could be held to this bid. Ti 364 24, 1970 present janitorial service agreed to continue t.^.eir services until the Council gets someone else. Motion was made by Councilman Chilton, seconded by Councilman Troxell, that the original motion be amended and this matter be tabled for one week. Roll was called resulting as follows: Councilmen Kruchten., Troxell, Lopez and Chilton. absent: Councilman Carson, excused. 1Nayes: None. The Mayor declared the motion adopted. Acting Mayor Kruchten stated there was a vacancy on the Planning and Zoning Board and had received a recommendation of Harry Kahler to :_I1 this zacancy. }:orlon was made by Councilman Troxell, seconded by Councilman Chilton, that this matter be referred to the City Attorney to prepare the necessary resolution to appoint Mr. Kahler to fill out the term of Charles Rhoades, who has resigned. Roll was called resulting as follows: ayes: Councilmen Kruchten, Troxell, Lopez and Chilton. absent: Councilman Carson, excused. Nayes: None. The Mayor declared the motion adopted. Acting Mayor Kruchten stated that there were two vacancies or. the Senior Citizens Board and Harry Sobel and W. J. Boggs were recommended to fill these vacancies. Councilman Lopez suggested that since there is another vacancy to be filled, that this be deferred until next week. Mr. Guy Palmes appeared and spoke briefly. He introduced Bob Reese and Roy Delehoy from Woodward Governor.Co. He stated that the City attorney and City Manager can get two salaries, one from the City and one from Utilities, that years ago there was a commissioner for fire wagon and another for streets, that the City Manager was the Director of Utilities, etc. • He stated there was a misinterpretation of comments concerning his wages when he was City Manager. That the system has not charged, that the wages are passed by ordinance and the Charter states how to distribute the mon ey, that the Charter, 11 and 12, Section 14, states what to charge to proper accounts. He stated that the requirements for the City Attorney have been changed and that the departments heads are protected by bond.' Acting Mayor Kruchten stated the City has made several transfers. Councilman Lopez stated with regard to the annexation ordinances the Council has considered to -day , he requested that before we have the second reading of these ordinances, that all the staff members prepare written reports and come prepared for these ordinances, and categorically explain them so that all of the people concerned will be informed. Acting Mayor Kruchtens stated that we treat this matter with care and attention, that most of the people are not familiar with what takes place. The Director of Public Works asked if his department may present a memo to the Council by the October 15th meeting and take it as a staff problem on what the City can do for them and what they can do for us. Councilman Lopez asked every department to have something to present on this important. issue. Motion was made by Councilman Chilton, seconded•by Councilman Troxell, that the Council adjourn. Roll was called resutling as follows: Ayes: Councilmen Kruchten, Troxell, Lopez and Chilton. Absent: Councilman Carson, ex sed. Nayes: None. The Mayor declared the motion adopted and the Council adjourned n n ATTEST: ' s2z� City C