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
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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.
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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
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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
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1/4 section of land. He was informed the developer and contractor install utilities,
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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
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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
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called resulting as follows: Ayes: Councilmen Kruchten, Troxell, Lopez and Chilton. .' Absk
Councilman Carson, excused. Nayes: None. The Mayor declared the motion adopted.
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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
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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�
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