HomeMy WebLinkAboutMINUTES-02/11/1971-Regular51
I
MINUTES OF A P.FGULAR MEL•TIN G OF THE COUNCIL OF THE CITY OF FORT COLLINS,.HcI�
Thursday; February 11, 1971, at 1:30 o'clock P.M.
Present: Councilmen Carson, Troxell, Lopez and Kruchten. City Manager Coffey,
Assistant City Attorney March, Jr., and Director of Public Works Liquin.
Motion was made by Councilman Troxell, seconded by Councilman Kruchten, that the
reading of the minutes of the last. regular meeting held February 4, 1971, be dispensed with.
Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez and Kruchten.
Nayes: None. The Mayor declared the motion adopted.
Councilman Carson announced that Dr. J. IV. Fead , Civil. Engineer at C.S.U., be
appointed to fill the term of Wm. Chilton, who resigned February 4, 1971. Motion was made
by Councilman Troxell, seconded by Councilman Kruchten, that this appointment be approved.
Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez and Kruchten.
Nayes: None.. The Mayor declared the motion adopted.
Dr. Fead was given the oath of office by the City Clerk.
The following ordinance was presented on second reading:
ORDINANCE NO. 2, 1971
BEING AN ORDINANCE RELATING TO THE REGULATION OF ERECTION, CONSTRUCTION, ENLARGEMENT, ALTER-
ATION, REPAIR, MOVING, REMOVAL, CONVERSION, DEMOLITION, OCCUPANCY, EQUIPMENT, USE, HEIGHT,
AREA AND MAINTENANCE OP BUILDINGS OR STRUCTURES IN THE CITY OF FORT COLLINS, COLORADO;
ADOPTING BY REFERENCE THERETO THE UNIFORM BUILDING CODE OF THY.. INTERNATIONAL CONFERENCE OF
BUILDING OFFICIALS, 1970 EDITION, VOLUME 1, TOGETHER IPITH THE UNIFORM BUILDING CODE
STANDARDS, 1970 EDITION;. REPEALING SECTIONS 4-1 THROUGH 4-S AND SECTIONS 4-8 THROUGH 4-10,
BOTH INCLUSIVE, OF THE CODE OF ORDINANCES OF THE CITY OF FORT COLLINS, COLORADO, 19S8, AS
AMENDED, OR PARTS OR SECTIONS OF ORDINANCES OF THE CITY OF FORT COLLINS IN CONFLICT OR
INCONSISTENT HEREWITH; PROVIDING A PENALTY FOR VIOLATION 01' THE PROVISIONS OF SAID BUILDING
CODE; AND PROVIDING FOR A PUBLIC HEARING IN RELATION, THERETO
Motion was made by Councilman Lopez, seconded by Councilman Kruchten, that Ordinance
No. 2, 1971, be adopted. Roll was called resulting as follows: Ayes: Councilmen Carson,
Troxell, Lopez, Fead and Ysuchten. Nayes: None. The Mayor declared the motion adopted.
The following ordinance was presented and read at length on first reading:
ORDINANCE NO. 12, 1971
BEING AN ORDINANCE ADOPTING AND ENTERINC INTO A CONTRACT WITH THE CHERRY HILLS SANITATION
DISTRICT
The Assistant City Attorney stated this ordinance was changed to reflect the com-_
ments made at the last meeting and in compliance with the City of Fort Collins.
Motion was made by Councilman Troxell, seconded by Councilman Lopez, that Ordinance
No. 12, 1971, be considered favorably on first reading and ordered published this llth day
of February, 1971, and to be presented for fi.n�.i passage on the 4th day of March, A. D. 1971.
Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez, Fead and
Kruchten. Nayes: None. The Mayor declared the motion adopted.
The following ordinance was presented on first reading and read at length:
ORDINANCE NO. 13, 1971
BEING AN ORDINANCE AMENDING SECTION 7-4 OF THE CODE OF ORDINANCES OF THE CITY OF FORT COLLINS,
COLORADO, 1958, AS AMENDED.
Motion was made by Councilman Kruchten, seconded by Councilman Troxell, that
Ordinance No. 13, 1971, be considered favorably on first reading and ordered published this
llth day of February, 1971, and to be presented for final passage on the 4th day of March,'
1971. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez,
Fead and Kruchten. Nayes: None. The Mayor declared the motion adopted.
The follov:i.ng ordinance was presented on first reading and read at length:
ORDINANCE NO. 14, 1971
BEI?iG AN ORDItd'NCE CALLING FOR AND PROVIDING FOR .A GENERAL CITY ELECTION TO BE HELD IN
THE CITY OP FORT COLLINS, COLORADO, ON TUE-)sAY, THE SIXTH (Gth) DAY OF APRIL, 1971.
02
11. 1971
Motion was made by Councilman Lopez, seconded by Councilman Troxell, that Ordinance
No. 14, 1971, be considered favorably on first reading and ordered published this filth
day -of February-, A. D. 1971, and to be presented for final passage on the 4th day of March,
1971. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopcx,
Fead and Kruchten. Nayes: None. The Mayor declared the motion adopted.
The following ordinance was presented on first reading and read at length:
ORDINANCE NO. IS, 1971
BEING AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE CITY OF FORT COLLINS, COLORADO
Motion was made by Councilman Kruchten, seconded by Councilman Troxell, that
Ordinance No. 15, 1971, be considered favorably on first reading and ordered published this
llth day of February, 1971, and to be presented for final passage on the 4th day of March,
1971. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez,
Fead and Kruchten. Nayes: None. The Mayor declared the motion adopted.
The following resolution was presented and read at length:
RESOLUTION 71-12
OF THE COUiCIL OF THE CITY OF FORT COLLINS SUKITTING
TO THE QUALIFIED ELECTORS OF THE CITY OF FORT COLLINS,
THE QUESTIO! OF ANEtd lIANG SECTION 9 OF ARTICLE IV,
SECTIONS 1 and 8 OF ARTICLE X7I, SECTION 2 OF ARTICLE
II, AqD SEC IOW ti Or ARTICLE IX OF THE CHARTER OF THE
CITY OF FORT COLLINS
WHEREAS, Section 5 of Article XX Of the Constitution of the
State of Colorado provides that any City Counci?.may, on its own initiative,
submit any Charter Amendment at any general municipal election held not less
than thirty (;O) days after the effective date of the Ordin�ncv or Resolution
submitting SUCK question to the voters; and
KHEREAS, a general city election will be held on Tuesday, the
sixth (6t'h) day of April, 1. 0. 1971; and
WHEREAS, it is the Opinion of the City Council that there should
be submitted to the qualified voters of the City of Fort Collins the matter of
amending certain sections of the Charter of the City of Fort Collins as more
fully set out below,
COLLINS:
rdOW, THEREFORE, BE IT RESOLVED BY THE COUICIL OF THE CITY OF FORT
1. That there is hereby sub:,itted to the qualified voters of tha
City of Fort Collins 4at the char. ral election to be held on Tuas:ay, tiho sixth
11
(bth) day of April, A. 0. 1971, the question of whether or not Section 9 of
Article IV should ba amended to read as follows:
Section 9. "Financial Interest Prohibited. h officer
or
employee of the City Shvll fir=li ii_, irh=^reSte�
directly or i;ndir'Ctly, in tho purchase frDm or gal; to
the City of any land, Ma0rials, or Su'glj.S or of ser-
vices cxcept personal services l (}_ ns,
�•s i 3c_- as an os , c,>r• :,r:.. ,,�:;> ,�
Any violation Of this se tion, with theYvnoella:i'ga express
i
or implied of the person or corporation contracting with
tit'.. City, shall 1"_3;:ier the contract `ioi?csJ1C by the City
Manager or iih_ CouNcil.''
L. Thera i5 further hereby submitted to said voters; at snit!
i
election, the question of whether or not Article XVI of the Charter of the
February 11, 1971
-- - - f ,.nen a deleting hareefril'm Section 8 and
City o r Fort CollinsCi l isiiculri b:: a.�_t,ced b, d 1 _ , t
by &sending Section-1 of said Article to read as follows:
WcHon 1. "Applicabilityof States Constitution. The ----
COunci1 $hall jiO5 7 —, by ordinance YOr Cno m6finir of holding
City elections. All ordinances regarding elections Si?ail be
Consistent with the provisions of this CharteP and the Mate
Constitution. Any matter regarding elections not covered
by the State Constitution. this Charter or ordinance o? the
Council shall be governed by the laws of the State of Colo-
rado relating to municipal elections.:
3. There is further heraby submitted to said voters at said
election, the question of u0ther or not Section Z of Article .II of the
'' ,e 3- -'a- as Charter Oi' i;i?t. City 0; YOrt. Collins $(iOulil i, c- Lui�:ii.ivv t0 rend t.a follows:
.Section 2. Walifications of Members. No person shall be aligin.
Jfgtal o to orcE__.._
at the time of his
election he be a citizen of the ?n -' t least
J.9t:.�. Ste+��S, a tun.,
twenty-five years of age, and Shall haves Wn for five years
imme6lateiy preceding such election an elector of the City.
%o iaeiliber of the Council shall hold an,y other public
office or coployi:ient for which com;pannatio is paid from
municipal funds. do parso`:shall 1e elected or ippOilt:4
to any City office, position, or amploinsent for Which th*
CC,'11PY.nsat on was inopaascd Or fixer; by the Council while he
was a member thereof until after the expiration of one year
fr0m the date when he ceased t0 be r member Of the Councils,
4. Thera is further hereby submitted to said voters at said,
election, the question or whether of not Section t; of Article IX of the
Charter of the City of Fort Collins Should be a,:�_&ed to read is follows:
I SeCGi:^.=1c. Municipal 1lli_fi;.)al utility _ Rates and ?'ir_7c�_ The
Council Sht1S by Oi'Cili?•IiC' fr0: tip --to tilt f,T! establish,
i maintain, and provide for "th, collection of Such rates,
fcos, or charges for water and electricity, and for water,
sQoer, and electric service furnished by the City as will
produce revenues Sufficient to pay the cost of operation
and w intLlance of said utilities in good repair and work-
ing order; to pay into the general fund in lieu of taxes an
amount at isass equivalent to City taxes and >ranchi4e per-
mits if the utility were privately eared; to pay the principal
of andinterest an all bonds of the City payable from the
revenues of said utilities; to provide and maintain an ade-
quate working capital fund for the day -to -dray business
operations of the utility; t0 provide and t-':•aintain _n adequ,ate
fund for the replacement of depreciated and obsolete property
and for the extension, improvement, enlarg?;:per'•. and beta r-
went Of said utilities; to pay the interest onandprinciu?t
of any joneral obligation bonds issued by toe City to extend
or impinvu said bt:iiities. The provisions hereof shall be
subJect at all tines to the performance by the City of all
c3va?i?ant5 and agre:tmonit$ made by it in connection with the
issuance, sale, or delivery of any bonds of the City payable
out of the revenues jarived from � operation ' ' `e _ t},.- O._�„rd,.i0it Ui its Wa•.�P,
electric, and other utilities, winthar such revenue bonds be
horetoinve or hereafter issued.
All net operating revenues Of said Water, electric
and ogler utilities shall be Pail into the. Opreciation
and Capital Improvements Fund of said utility and such
fiends s„ali be expended Only for renewals, replacements,
extraorYnary repairs, extensions, in"ratieme
its; enlarge-
ments and betterments to such utility."
S. This Resolution shall �� effective ifCmeviatwt'
T 1 � n � n�{ 1 Il!)^.n
its pass_
age
Passed and adopted at a regular meeting of the CQY Council h0 d
this lith day of Vbi' arY A. 0. 1971.
54
c
February 11, 1971
/s/ Karl E. Carson
Mayor
ATTEST:
Is/John Bartel
Acy Clerk
After considerable discussion regarding this resolution, motion was made by
Councilman Kruchten, seconded by Councilman Troxell, that this resolution be adopted. Roll
was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez, Fead and
Kruchten. Nayes: None. The Mayor declared the motion adopted.
The following communication was presented and read at length:
TO: Honorable Mayor and Councilmen
THROUGH: Mr. Tom Coffey, City Manager
FROM: Mr. E. M. Kuppinger, Purchasing Agent
SUBJECT: Cedar Poles - Req'n #304-1775
Bids have been received and evaluated covering consideration for purchase of: 75 Western
Red Cedar Poles
A summary of the bids are as follows
Total Award as Recommended $ 3,531.70
Estimate 3,898.50
Difference $ 366.80
Mr. Warren R. Dalke, Supt. of Trans. $ Distribution,has evaluated the bids and all speci-'
fications have been met by the low bidder.
The recommendation is that Poles, Inc. be awarded the contract in the amount of $3,531.70.
Respectfully submitted,
/s/ E. M. Kuppinger
Purchasing Agent
Motion was made by Councilman Troxell, seconded by Councilman Kruchten, to accept
the recommendation of the Purchasing Agent and the bid approved. Roll was called resulting
as follows: Ayes: Councilmen Carson, Troxell, Lopez, Fead and Kruchten. Nayes: None.
The Mayor declared the motion adopted.
The following communication was presented and read at length:
TO: Honorable Mayor and Councilmen
THROUGH: Mr. Tom Coffey, City Manager
FROM: Mr. E. M. Kuppinger, Purchasing Agent
SUBJECT: Overhead Conductor - Req'n #304-1795
Bids have been received and evaluated covering consideration for purchase of: 40,000 Ft.
Overhead Conductor, 2/0, AAAC, #6201
A summary of the bids are as follows:
Low Bid $ 2,334.40
Estimate 2,680.00
Difference $ 345.60
Mr. Robert Kest, Senior Electrical Engineer, has evaluated the bids and all specifications
have been met by the low bidder.
The recommendation is that Alcan Cable be awarded the contract in the amount of $2,334.40.
Respectfully submitted,
/s/ E. M. Kuppinger
Purchasing agent
Motion was made by Councilman Troxell, seconded by Councilman Lopez, that the
recommendation of the Purchasing Agent be accepted and the low bid be approved. Roll was
called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez, Fead and Kruchten.
Naves: None. The Mayor declared the motion adopted.
�J
February 11,_I)-
The following communication was presented and read at length:
TO: Honorable Mayor and Councilmen
THROUGH: Mr. Tom Coffey, City Manager
FROM: Mr. E. M. Kuppinger, Purchasing Agent
j SUBJECT: Street Salt - 1971, Req. #42.46
Bids have been received and evaluated covering con sideration for purchase of: 240 tons -
Bulk Rock Salt and 24 tons (50# bags )Rock Salt.
A summary of the bids are as follows:
Bidder Bulk Salt Ext. 50# Bags Ext. Bid
Carey Salt Co. ..92 CWt. 4,416.00 A 624.00 $ 5,050.00
Ranch Way Feed Mills 1.00 Cwt. 4,800.00 .75 720.00 S,520.00
Analysis of Bids:
Ranch Way Feed $ S,S20.00 (Bid being recommended)
Carey Salt Co. 5,040.00
$ 480.00
Mr. Chuck Liquin, Director of Public Works, has evaluated the bids. It is his recommendation
that the bid of Carey Salt Co. not be accepted in that it is not acceptable in application.
Mr. Liquin further recommends that the bid of. Ranch Way Feed Mills be accepted in that it
d oes work well when applied. A copy of Mr. Liquin's recommendation is attached. Based
on Mr. Liqui.n's recommendation and past experience with the Carey Salt product, it is
suggested that the bid be in favor of'Ranch Way Feed Mills.
Respectfully submitted,
E. M. Kuppinger
Purchasing Agent.
After considerable discussion, motion was made by Councilman Troxell, seconded by
Councilman Lopez, that the recommendation of the Purchasing Agent be accepted and the bid
' of Ranch Way Feed be approved. Roll was called resulting as follows: Ayes: Councilmen
Carson, Troxell, Lopez, Fead and Kruchten. Nayes: None. The Mayor declared the motion
adopted.
The following communication was presented and read at length:
TO: Honorable Mayor and Councilmen
THROUGH: Mr. Tom Coffey, City Manager
FROM: Mr. E. M. Kuppinger, Purchasing Agent
SUBJECT: L. P. Gas - Req. 482-189
i
Bids have been received and evaluated covering consideration for purchase of: 100,000
L.P. Gas
Low Bid $ 12,500.00
Estimate 11,000.00
DIFFEiRENCE 1,SO0.00
Mr. Ed Hilgenberg, Supt. of Water & Sewer Dept., has evaluated the bids and all specifications
have been met by the low bidder.
The recommendation is that Pete Davie Gas 4 Appliance Co. be awarded the contract in the
amount of $12,S00.00
Respectfully submitted,
/s/ E. M. Kuppinger
Purchasing agent
Motion was made by Councilman Lopez, seconded by Councilman T'r•oxell, that the
recommendation of the Purchasing Agent be accepted and the low bid be approved. Roll was
called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez, Fead and Kruchten.
Nayes: None. The Mayor declared the motion adopted.
The Director of Public Works stated that the above bid is a supplement until we
u
can buy our own on the Sanitation District.
06
A Flat of the TrinitySubdivision, First Filing, was presented. Motion was made
by Councilman Lopez, seconded by Councilman Troxell, that tiii.s plat be approved. Roll was
called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez, Fead and Kruchten.
Nayes: None. The Mayor declared the motion adopted.
The following communication was presented and read at length:
MUTUAL AID
Poudre Valley Rural Fire
Protection District
Rt. 4, Bow 141, C53
Fort Collins, Colorado
The Fort Collins Fire Department will assist on any major fire or
emer.-oncy, when requested by the Fire Chief or Board :':caber, if at
the time we have equipment and men available.
The following is recom:nendcd:
1. The City responding shall make the decision as to what equipment is
dispatched.
:t'_. The Fire Chief requesting aid can also request certain types of
equipment, but the responding department trill have the final say as to
i;:14%t is dispatched.
3. The number of pieces of equipment and man-po:rcr shall be up to the
responding city, and the department needing aid shall try not to request
men or equipment by number, if possible.
4. When arriving at the city or district In need, the responding depart-
ment should always report to the leading officer as to where they should
be located. It may be necessary, in some instan ces, to report to the
station and cover the city or district, rather than respond to the fire.
5. Each responding department shall be entirely responsible for their ot,:z
equipment .
6. Each city or District responding shall be gove_red by their own Council
or District Board resolutions and/or Codes and Ordinances.
I. -
Respectfully Subndtted,
After discussion, motion was made by Cuuncilman Kruchten, seconded by Councilman
Troxell, that this matter be approved. Roll was called resulting as follows: Ayes:
Councilmen Carson, Troxell, Lopez, Fead and Kruchten. Nayes: None. The Mayor declared
the motion adopted.
The Assistant City Attorney advised the Council that he had had dj.§cuSSi011 with
two Codifiers and recommended General Code Publi.sid ng Company of New York, slating that this
complete re -codification will get rid of inconsistencies which we now have, that the price
is $11,000 regardless of the number of pages that are printed. Ile stated there will be pro-
visions for a supplementing service at $20.00 per page for as long as the City wanted, but did
not recommend this, but to do it at one time, and .that they will have this completed in three
In onths. The City Manager stated that the pries are comparable and felt the back ground
is good, that the agreement will provide that the copyright belongs to the City. The
Assistant City &t orney stated we are committed to pay supplements for three years. Motion
5
was made by. Councilman Troxell, seconded by Councilman Lopez, to approve the recodifying of
the ordinances by GenewCode Publishing Co. and authorize the City Manager to sign this
agreement. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez
Fead and Kruchten. Nayes: None`: The Mayor declared the motion 'adopted.
The following rejurt was presented and read at length:
TO: Tom Coffey, City Manager
THRU: Charles Liquin, Director of Public Works
FROM: Roy A. Bingman, City Engineer
RE! Report of Consolidated Sanitary Sewer Improvement District No. 56.
We have received five petitions from the property owners for the installation of
a sanitary sewer improvement district in the vicinity of LaPorte Avenue and Taft Hill.
Road. The petitions have been checked and are valid; they meet the requirements for
requesting the City Council to organize an improvement district. Copies of the five
petitions are enclosed herewith.
It is recommended that the petitions be referred to the }engineering Department
for the purpose of preparing a report.
Respectfully submitted,
/s/ Roy A. Bingman
City Engineer
MOtioH was made by Councilman Kruchten, seconded by Councilman Troxell, that this
report be accepted and referred to the City Engineer for report. Roll was called resulting
as follows: Ayes: Councilmen Carson, Troxell, Lopez, Fead and Kruchten. Nayes: None.
The Mayor declared the.motion adopted.
The following report was presented and read at length:
TO: Tom, Coffey, City Y.a.
THRU: Charles Liquin, Director of Public Works
FROM: Roy A. Bingman, City Engineer
RE: Report of Consolidated Sanitary Sewer improvement District. No. 56.
The City Council has previously referred the petitionsreceived Or
the sanitary sewer improvement district to the Engineering Department for
the necessary surveys, plans, specitieations.and cost estimates.
In addition to the City owned land which consists of 33 percent of
� the total area, ai percent Of the area is located Outside Of the City
j and petitions affecting 9 percent Of the total area have been received
requesting sanitary sewer to serve properties located on the following
(' streets:
West side of Taft Hill Road from 350 feet north of LaPorte Avenue
to a.point 1172 feet south Of LaPorte Avenue. (Oak Street eftendeo.
East side of. Taft Hill Road from 155 feet north of LaPorte Avenue
to a point 11321feet south of LaPorte Avenue (Oak Street extended)
North side of LaPorte Avenue from Taft Hill Road to Pennsylvania Ave.
Pennsylvania Avenue from LaPorte Avenue to a point 351 feet_nort3
of LaPorte Avenue.
It is recommended that the properties abutting the above streets
be included in Consolidated Sanitary Sewer Improvement District No. 56;
it is also recommended that the benefited area.for assessmant purposes
be limited to:150 feet of property depth.
The cost estimate for to district is as follows:
Assessable area: 521,333.se. ft.
Total estimated construction cost: $42,925.00
Estimated construction cost par square foot .. .
$0.0°234
of assessable area:assessable
08
February 11, 1971
-------------- ------ -- ---
._-._
v•.__,, ^,:ed
cost pC'.r square toUC.
o;: aSSe Ssaoie area.
17 ):
$0.090 3
(including
Estimated
City Expensos:
-
{
City
frontage on
Taft Hill Road:
$16,351.00
cemetary
City cost for three properties with low
assessed valuations: $ 3,963100
Property located outside City: $-2,240.00
Total Estimated,City Cost. $22,554.00
Three parcels of land in the proposed district have a proposed
assessment which substantially exceedsone-half of the property's
ac_v.a.l value. Since Ordinance No. 49 1970, limits the amount of the
asses_..._._ '_o one-..alf of property's actual value, based upon the ,
.yl t ^ assessment � r ge ral
prop_ erty s valuation for _o.. �,cae_^.. taxes for the year
preceding, it is recommended __a_ the City pay the cost of the assess-
ment as provided for in Section^15-55E of theCode of Ordinances. The
estimated City cost of $3,963 is listed above. It is also recommended
that when any of the three properties connect to the sanitary sewer,
at each owner be required to pay the. assessable amount which the
City previously paid. Provisions, for resolving assessments in a
similar :Wanner, are made in Section 34 of Sewer Ordinance No. 17,
1965, which enables the C'_ty to pay -the -assessments for areas lying
outside the City, and then requiring the owners to reimburse the City
the amount of the assessment at such time as they connect to the sewer.
IL- is futher recommended that the City pay the estimated cost of $2,240
for the property outside of the City, as provided for in Section 34 of
Sewer Ordinance No. 17, 1965.
In order to proceed with the improvement district, it is necessary
for the City Council to adopt the plans, specifications, the cost
estimate for the district and to publish the notice of the district.
The construction of the sanitary sewer is contingent upon the
aceuisition of easements for two parcels of land.
It is also necessary to provide for the administrative expenses of
processing the district. The following are recommended percentages of
the total cost to cover each portion of the expenses:
Engineering: 6%
Legal & Publications: 2%
Interest during Construction: 4%
Collection and Certification,
to County:. 5%
TOTAL 17%
In addition, the Council must set forth the period over which the
cost of the improvement may be paid and the rate of interest which will
be carried with the installments. It is recommended that the installments
be spread over ten years with an interest charge of 6 percent per annum..
Respectlully submi rated,
1
Roy A. _',_ngman
City Engineer'
Motion was made by Councilman Kruchten, seconded by Councilman Troxell, that this
be referred to the City Attorney for the necessary resolution. Roll was called resulting
as follows: Ayes: Councilmen Carson, Troxell, Lopez, Fead and Kruchton. Nayes: None.
The Mayor declared the motion adopted.
The following report was presented and road at length:
59
TO: The Mayor and City Council
TH U: Tom Coffey, City Manager
FROM: Joe A. Rice, City TvKfic Engineer
RE: 1971 Si.gnalization Study, Results and Recomaicndations.
The following intersections, now controlled by either two-way or four-way
stops, were investigated for upgrading of controls:
I. S. College & Magnolia St. 13.'Loomis & Mountain
2. S. College & Parker St. 14. Eason & Mountain
3. S. College & Stuart St. 15. Mason & Oak St.
4. S.. College & Rutgers St. 16. Mason St. & Olive St.
5._ Canyon St. & Mulberry 17. Mountain & Riverside
6. Elizabeth St. & Lemay 18. Mulberry &.Taft Hill Rd.
7. Elizabeth St. & Remington St. 19. Pitkin St. & Remington St.
8. Elizabeth St. & Taft Bill Rd. 20. Pitkin St. & Whedbee St.
9. Laurel St. & Loomis St. 21. Prospect & Remington St.
10. LaPorte & Taft Hill Rd. 22. Prospect & Taft Hill Rd.
11. Lemay & Prospect 23.. Prospect & Whedbee St.
12. Lemay & Riverside
Of the 23 intersections studied, there were only 5 that met the minimum
standard volume warrants for signalization at this time. They are as follows:
1. S. College & Rutgers 4. Mason St. & Mountain
2. Elizabeth St. & Taft Hill Rd. 5. Mountain & Riverside
3. Mulberry & Taft Hill Rd. (Lincoln & Jefferson)
Of the 5 intersections that meet the warrants, two are on either State
or Federal highways and will require permission for installation from the
State Highway Department. They are Mountain & Riverside and S. College &
Rutgers St.
Also, as a result Of the studies made, it was noted that the intersection
of Mason St. & Olive St. has met warrants for four-way stop control.
Therefore, it is recommended that the 5 intersections for signals and
the one for four-way stop be approved for upgrading of traffic controls.
In accordance with the past procedure regarding the mid -block school
crossing, signals, the location selected by this Department and the Poudre R-1
School District is East Prospect between Emigh & Welch. This location, along
with other school crossings,was studied and due to the volume of students and
conflicting vehicular traffic, this location was agreed upon for signalization.
It is, therefore, recommended that this location be approved for upgrading
of traffic controls.
If further information is necessary regarding the investigation of any
or all of the above mentioned locations, it is available in the location file
in the Traffic Engineering office.
Respectfully submitted,
. jr
JoeA. Rice
City Traffic Engineer
Councilman Lopez asked about LaPorte Pnd Taft intersection. Mayor Carson
stated that the only solution is to re-route Mason and take some of the traffic offof Taft.
Councilman Troxell stated that it was his opinion that this matter should be pushed and
make remedial steps to make a street Improvement District on Taft Hill and make post haste
thhis
on that sanitation district. Stating that he would like a week to think about/and moved that
it be delayed a week. Councilman Lopez seconded this motion. Roll was called resulting as
follows: Ayes: Councilmen Carson, Troxell, Lopez, Fend and Kruchten. Nayes: None. The
Mayor declared the motion adopted.
S
Mayor Carson stated that since wo have so many citizens waiting for the Pizza King
hearing, think it should be at the beginning of the agenda.
Mr. Bill Wyatt, Attorney , representing the Pizza King application for a Fermented
Malt Beverage License, at 308 West Prospect, leas present. Ile statedthathe was all for
the matter of the re=codification of the ordinances and would like to/on the mailing list.
Mr. Wyatt presented Orville Zi.mme_,nan, 250 ]Vest Prospect, who was sword in for tcst-
mony. He stated he was employed by Pizza King to circulate petitions and identified Exhibit
A, which consisted of 14 signatures , stating that one refused to sign and that was the
Safeway Store, that 7-Eleven and Johnny's Liquors both signed. Exhibit C was identified as
a petitbn circulated by Mr. Zimmerman, all signed in his presence and over 18 years of age ,
stating that only two or three refused to sign, staging they were neither for or against the
application. Exhibit C consisted of 144 signatures, and there were comments that it would
be great to have an outlet within walking distance. Exhibit B, were petitions circulated
among the patrons of this restaurant, and who live within this area, this petition consisted
of 86 signatures. Mayor Carson asked Mr. Zimmerman what his responsibilities were. Mr.
Zimmerman stated that he was a Board member.
Mary Ann llofferber, 116 Stuart Street, was presented and sworn in as a witness.
She stated she was 32 years of age and employeed to circulate petitions. She identified
Exhibit D as petitions circulated among patrons and citizens within 2000 feet of the outlet.
She stated that five refused to sign, and were neither for or against this application, that
there were 8S signatures from patrons and 116 from residents.
Mr. Bill Wyanoff, 4813 E. 13th Avenue, Denver, Colorado, was present, stating he was
General Manager in Aurora for two years. He stated he was a graduate from C.U. in Hotel
Management. He stated they surveyed the area and felt that beer would enhance the area,
stating that one side wouldb?'or eats and one side where there will not be any beverage, that
Shakey's is a family type restaurant. That the reasonable needs of the area are not being met.
Asked what the opinions of the people in that area. Mr. Wyanoff stated they wanted to know
when they were goin g to get beer.
Councilman Troxell asked what the square footage was, and was informed it was
2,500 squara feet. He asked how much parking they had. Mr. Wyatt stated they had a
schematic plan and the Building Inspector approved it.
There was considerable discussion concerning parking, curb cuts, traffic, etc.
Mr. Wyatt stated they would remodel subject b approval of the license, that it would take
two to three months to remodel. After further discussion, Mayor Carson stated that the
hearing is ended and will be considered by the Council and brought up at another meeting.
The preliminary hearing on the application( of Bill Metier for a Fermented Malt
Beverage License for the Municipal Golf Course, was presented. It was stated that this
application is for the 9-hole golf course, the other golf course is outside the City limits.
A�pi t�nt
The boundaries were set and t e// i y Attorney stated the hearing could no %less than
30 days. Motion was made by Councilman Lopez, seconded by Councilman Troxell, that the
date of the hearing be set for March 18, 1971. Roll was called resulting as follows: Ayes:
Councilmen Carson, Troxell, Lopez, Fead and Kruchten. Nayes: None. The Mayor
declared the motion adopted.
The following communication was presented:
— . Tom Co -fey
C itv a1d-;er
Ci tv of Fort Col' Ins
Fort Collins, Colorado, 80521
Deaa :._ . Cof.ev :
February 11, 1971
any. Regina Baker, Evoret- tale %lever and. :_elves pewit i:eyer, .
and :'ne `op, Inc.", 4:1':o are all of ::he holders of hotel and
restaurant li.cluor licenses Within the City of Fort Collins. %:y '
clients are concerned about the tax imposed Upon them by Ordinance
23, 1909, Section 5 In relation to the tax imb osed utJOn other
liciuor licensed u':=tlets and llpon holders of fermentec: halt
beverage licenses. As you snow, the ordinance provides that
hotel and restauranct liquor, license 'holders iaust pay an occupation
I
ax of $1500.00 per year plus the additional sum of $150.00 for
a'_: extended Pours license. On the other hand, a retail Liquor
store license o:aner pays .a-i occupation tag: of only $500.00 and
holders of fermented malt beverage licenses pay an occupation
tag: in the maximum sum of $200.00 for.Class C licenses.
While it appears that the City has the .authority to impose an
occupational tax upon persons licensed to sell intoxicating liquor
--and fermented Malt beverages under Post v. City of Grand SU'nctlon,
195 P.2d 958, 118 Colo. 434, it is clear that the occupation tax
imposed must be reasonable, fair and impartial. As stated in
-110--IU v. City of Pueblo, 133 P. 754, 55 Colo. 112:
"The ordinance does not purport to be other than
an occupation tax, and it is well settled that
whenever it is manifest that the amount of such
tax imposed in the exercise of police porter is
substantially in excess of the reasonable expense
of issuing a license and of regulating the
occupation to which it pertains or is virtually
prohibitory, the ordinance imposing the tax is
- void."
*D.B.A.'Skyroom
Based upon public statements of Chief Smith, the expense of regulation
and enforcement of fermented- malt beverage outlets greatly exceeds
the cost of regulation and enforcement of hotel and restaurant 14_gi:Cr
! license outlets; yet the former outlets pay an occupation -lax of
$200.00 as against $1500.00 for the liquor license outlets. Further,
my clients advise me that the e::pense of police regulation and
enforce-ment at their places of business is virtually necillcen.t. It iS mY
opinion that these facts in themselves ma'.ce vour ordinance void as
far as the hotel and restaurant liquor license holders are concerned.
I
In addition, hoP:ever, the ordinance is of very questionable validity
because it is not uniform and is discriminatory Upo:1 the operators of
a restaurant with a hotel and res aurant liquor license. Both the
Moffitt case, above, and Houston v. Rrrscnwing, 184 P.2d -487, 117.
Colo. 92, indicate that it is fatal to an ordinance to impose a tax
on persons engaged in a•particular business which does not fall
uniformly upon all other persons engaged in the same business.
Discrimination arises immediately from the fact that restaurants
which do not have liquor licenses pay no occupation tax, but more
serious than this is the fact that the tax crossly discriminates
against hotel and restaurant liquor licenses in relation to other
liquor licensed outlets and in relation to restaurants which have
3.2 beer licenses.
My clients have authorized me to commence a civil action against the
City of Fort Collins seeking.to declare the above ordinance 'invalid
and dema.n'dinc, a refund of occupation taxes previously paid and any
that may be raid during the pendency of the action. It would seem
reasonable, however, in order to avoid the expense of such civil
action to both my clients and the Cltv,_that the City Council give
consideration to a prompt amendment o_` the ordinance so as to i.<<nose
a reasonable and non-discriminatory occupation tat on hotel and
restaurant liquor licensed outlets. I, therefore, resoectfuily request
tnat you have 'the City Attorney undertake a consideration of the
legality of the ordinance and advise the -City Council so that It can
give such consideration promptly. Time is of the essence because
the occupation tax becomes aelincUent February 15, 1971, ar.6 I may
have to advise my clients to refuse to pay the tax U- the ground:
that the tax is illegal and void. If 1 feel that I must advise
my clients not to pay the tax, 1 believe it necessary to prom-ptly
p
commence the litigation seeking to con. -firm this illegality by
judicial decision.
Th..ank you for your consideration.
Very �,:_-ly yours, 7
62
February 11, 1971
After discussion, motion was made by Councilman Troxell, that this letter be
referred to the Administration and City Attorney and request they report back to the Council
the appropriate action to be taken. Councilman Lopez seconded this motion. Roll was called
resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez, Fead and Kruchten. Nayes:
None. The Mayor declared the motion adopted.
The following communication was presented and read at length:
Mr. Tom Coffey
City Manager, City of Fort Collins
Fort Collins, Colorado 80521
Dear Mr. Coffey:
About a year ago I co;,�..unicated with you and with the town planner concern-
ing the research that we were doing here in the Department of Zoology on
Spring Creek. .At that time I assured you and the town planner that we
would be glad to share any information that we have with you.
Since that time we have generated some progress reports which might be of
interest to you, to the public health officer, and to other city officials.
In our studies we have also had the opportunity to benefit from the very
cooperative spirit of the personnel in charge of: operating our sewage
disposal plants. We do have some information about the ecology of the
Poudre River near these plants. Needless to say, this info=,,ation is
also available to you for what it is worth.
Should you or the city planner or any other city officials have interest
in these reports, we will be glad to make them available to you at no cost.
I might add that our overall impression of the operation of the sewage
disposal plants is not in accord with some of the rash, unfavorable state-
ments which have been reported in the newspaper concerning the alleged
violations being committed by the plant operation.
I should also add in passing that Spring Creek is not the horribly polluted
sec-rer ...at many of our team were convinced it was before they started the
actual work. Surprisingly, Spring Creek is a rather clean body of water.
Very truly yours,
harles G. Wilber, Ph.D.
Chairman and Professor
Motion was made by Councilman Troxell, that this report be accepted and given
as much circulation as possible and a letter be sent to Mr. Wilbur requesting the reports
as mentioned in the letter. This was seconded by Councilman Lopez. Roll was called resulting
as follows: Ayes: Councilmen Carson, Troxell, Lopez, Fead and Kruchten. Nayes: None.
The Mayor declared the motion adopted.
The City Attorney
The Assistant City Attorney stated that in 1968, Robert Kost developed an under-
ground vault. Since that time provisions have/em°ade to share any of the revenue, stating that
the City is now the o�,,ncr of the Right to this vault, and that an Attorney be appointed to
hold these Rights.
The following communication was presented
P.rthur E. March, Jr , Esq.
March, March & Sullivan
United lank Building
Fort Collins, Colorado 8.0521
RE: Patent A plication Serial No.
c"8,b15,filed Deco ber 31, 1959
for Modular Utility Vault - Kost
Delar ;rt.
The subject patent application was orenared and filed sho±-rill hesore.I took the oath of office all an
February 11, 1971
n
Assistant 111u icipal Judge. Within a s_lort time, we
should receive the initial action by the Patent Office
as a result of which it will become necessary for further
professional services to be rendered in connection
with the patent application.
Since Chapter IV, Section 9 of the City Charter
might be interpreted to mean that a judge of the Municipal
Court is barred from selling servi-ce.s to the city in
any capacity other than as a judge, it would seem to
be prudent that the oriUinal power of attorney appointing
my law firm as attorneys in the application be revoked. -
Accordingly, I have prepared the enclosed paper that
will serve to do just that while at the same time appointing
Ralph F. Crandell and John G. Batchelder individually
as the atto continue the prosecution.- If you
will, kindly have it signed by the Mayor and City Clerk
and return the same to our offices for filing in the
Patent Office.
_- Sincerely,
DRAKE, CRANDELL & BATCHELDER
i
Hugh '•H. -rake
Applicant: Robert A. Kost )
Serial No. 889,615 )
Group: 356
Filed: December 31, 1969 )
For: MODULAR UTILITY VAULT )
February 10, 1971
Fort Collins, Colorado
Hon. Commissioner of Patents
Washington, D. C. 20231
Sir:
REVOCATION OF.PO,�TER OF ATTORNEY AND
APPOINTMENT OF NEW ATTORNEYS
Robert A. Kost, the inventor in the above -identified
application, having, on or about the 17th day of December
1969, appointed the firm of Drake and Crandell, P. 0.
Box 717, Fort Collins, Colorado 80521, Registration
No. 25,269, his attorneys to prosecute an application
for Letters Patent which was filed on or about the
31st day of December 1.969, Serial No. 889,615, the
undersigned assignee of the above -identified application,
r:
as recorded at Reel 2567, Frames 043-01A , hereby revokes
the power of attorney.then given and hereby appoints
Ralph F. Crandell, Registration No. 18,118, and John
G. Batchelder, Registration No. 18,004, both of P. 0.
Box 717, Fort Collins, Colorado 80521, and telephone
number 303-493-0123, his attorneys, 1.7ith full po%.,er
of sub-stitution and ..evoca�_icn, to prosecute this applicatio::
a <,d to transact all business in the Patent Office connected
therewith.
64
February 11, 1971
CITY OF FORT COLLINS
By /s/ Karl E. Carson
Mayor — --
ATTEST:
/s/ John Bartel
City Clerk
Motion was made by Councilna-n. Lopez, seconded by Councilman Troxell, that Crand?11
$ Batchelder be appointed to hold the rights. Roll was called resulting as follows: Ayes:
Councilmen Carson, Troxell, Lopez, Fend and Kruchten. Nayes: None. The Mayor declared the
motion adopted.
Councilman Fend commented i.e found the Council very interesting and hoped he can
do some good for the City.
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, Fead and Kruchten. Nayes: None. The Mayorleclared the motion adopted and the
Council adjourned.
ATTEST:
City Clerk