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HomeMy WebLinkAboutMINUTES-05/20/1971-Regular172 MINUTES OF MEETING May 20, 1971 The City Council of the City of Fort Collins met in regular session at 1:30 P.M. in the Council Chambers of the Municipal Building on Thursday, May 20, 1971. Present: Councilme:. Carson, Lopez, Councilwoman Preble, Councilmen Peterson and Fead. Also Present: Tom Coffey, City Manager Arthur E. March, City .Attorney _ Chuck Liquin, Director of Public Works Mayor Carson presiding. DISPENSING OF MINUTES Motion was made by Councilman Lopez, seconded by Councilwoman Preble, that the reading of ,the minutes of the Council held May 13, 1971, be dispensed with. Upon a roll call, all members of the Council voted in the affirmative. AGENDA ITEM 2A RESOLUTION 71-45 ,OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING AN AGREEMENT WITH THE JOSH AMES DITCH COMPANY WHZ:R$ASI it i^ city ... that the OZ � Orr Collins: acquire additional raw water Supply in orflcr to p-cvide or _ t anticipated grastii o: the City cF Fort Colli.-;s; an3 trite«%S, the Josh P cs Ditc:,j Cony) I any :GS the City its cater right bein Priorityr. 2 f 9 u!!!>o_ S o_ 17. cam._ fe_"• . -- second of water fro-: e th Cache ZaYoudr- River; and iJitAEAS, cn egzzx- -nt hao boon re otizted bctwe-: the City and tha Jooh :.a-S Ditch Co:-nany fo: the pu• chase of such ::,ter right, a su- agree.`.. i t :e City would ie,.ue t - ccrti°_cater which would ba used to satisfy the City'orecuirexcas for fLYIIl,9ling ra{•7 water i+1 0:C1i_^.C2 for WZtcY S21'V_Cg on the City';, system; and T=11WAS, in the opinion of the City Connell, it is desirable to acquire such +/rater rig,. and to enter into said agreer.,e. t. tiOY., T: FEFO33, ni; ZT Z SOLV O BY T E C0L:.:CZL 0? TFZ CZT• OF FORT COLLINS that the terns and CC. diti0. S O Said �C �,ree.snt bs, an the same hereby are adopted; and BE IT FURTFCR R2SOL7 D that h- t na yor a:d the City Cierl: they hereby are aeLi:ori_ed and directed to execute said aSreen.cat for '- , o behalf of the City of Fort Collins and that }� «, / t the nroper o.'__cials of _ Cizv_ are authorized to isone certificatc$in accord; ::Ce with Said ZgYo? ;-;t evidencing satisSactica o: tha recuirementz oY the City for the fvr:ishiaq of ran wator supply in conn_ction w'_th obt_ining water yr 52rV1Ce frCa the (.`1 tJ•5 zvst M. May 20, 1971 Yj i s Passed and adopted at a regular meeting of the City Council held this 20th day of May, 1971. s/ Karl F. Carson Mayor ATTEST: /s/ John Bartel City Clerk Ward Fischer was present and spoke at length regarding thu acquiring the water rights of the Josh Ames Ditch Company, which would amount to from 12 to 1700 acre foot per year. He stated the City will not buy this water but issue water certificates for 721 acres for future annexations, and at two acre feet per acre, it would be extremely beneficial to the City. As annexed the developer would have to pay cash. The City Manager commended Mr. Fischer, also Bill Stover,who helped in these negotiations. Mr. Fischer stated this has been studied by the water Board and that they recommend this. After further discussion, motion was made by Councilman Lopez, seconded by Councilman Fead, that this resolution be adopted. Upon a roll call, all members of the Council voted in the aifirmative. AGENDA ITEM 2B Mrs. A. R. Thomas, Chairman for the American Legion Auxiliary, was present and presented poppies to members of the Council. She stated these poppies were handmade by Veterans, that the money received from sale of these poppies goes into the welfare fund for the Veterans who need it. AGENDA ITEM 3A FERMENTED MALT BEVERAGE APPLICATION Preliminary hearing on the application for a Fermented Malt Beverage License by Fonta's Pizza Pizza Parlor, 133 North College, was presented. Timothy Hasler, attorney, representing this establishment stated his client had no objections to the boundaries of 2000 feet in all directions . The hearing date was set for June 24, 1971. No objections were made . AGENDA ITEM 4A RESOLUTION 71-46 R SOLUTIOI; 71-46 OF THE COU? CIL OF T'r? CT-TY 0 FORT COLLINS R-P?POINTING . 2NRY Hy,iiSER, JA:, ES D. EEATTY A.-.D 1MYRON BRADEN AS, 2=%"ERS OF TH? FORT . .CO_ELINS ZONING 1'174%R AS, the term of Henry Hauser, Ja.'.;es D. Eeatty a-:d Xyron Braden, as members of the Zoning Board of &n_eals of the City of Fort Col- lins will expire on May 26, 1971; and h:E:REAS, the City Council desires to re -a-,) ✓pin' sue: individuals as members of said Board and they have indicated they are willing to accent such appointment. NOW, TEEREFOZ?.., BE IT Z.SOLVT'D BY THE COu:�CII. 02 T.= CITY 0^ FORT COLLINS that Henry Hauser, James D. Beatty and Myron Braden be, a:.d they hereby are, -re -appointed as me^.hers of the Fort Collins Zoning Board of Appeals effective :_av 2G, 1971, for a four year tern. Passed and adopted at a regular meetirc of tze City Council held this 20th day of may, A. D. 1971. /s/ Karl E. Carson Mayor ATTEST: /s/ John Bartel City Clerk 174 ----------- -- ------------- _y 2�-,_1271---------- — II Motion was made by Councilman Fead, seconded by Councilman Peterson, that this resolution be adopted. Upon a roll call, all members of the Council voted in the affirmative. AGENDA ITEM 4B RESOLUTION 71-4; R soLomlc>t 71-47 OF TILE COTYICIL OF THE CITY O_ FOBT COLLINS EJTABi,ISHT\U'T�:i. -- .: 0_ OF - OF THE BUILDING 3G aO OF n_ _ EZI—T S .. . S•L"LREAS, the following --individuals are now se- .7-* as t ,e r..—..,.,_rs i of the Fort Collins Building Board of Appeals, to -wit: Rohert i:. Sears, Wilford Cram, L. L. Gibbons, Richard o11ar and ?hil Riddell; and WHEREAS, the term of, such individuals as me. bees of said Board has never been established; and Wr.EREAS, the City Charter in Section I of ?sticle IV provides that members of the Board shall serve for four years and the anoint..:ent shall be such as to achieve an overlapping of te^.ure; and ➢rEEREAS, it is necessary t.at the terms of such individuals as members of said Board he established in accordance with the provisions of the Charter. NOW, Ti-B' R=FOR-, BE IT R SOLVED B7 Tnr, COTtiCIL OF T:: CITY OF O:2T 1' I COLLINS that the expiration date for the ter= of the me..ners of the Fort Collins Building Board of Appeals is hereby established as follows: Robert W. Sears Octoher 1, 1971 Wilford Cram L. L. Gibbons F-ichard Holler Phil Riddell May 1, 1972 May 1, 1973 May 1, 1974 . May 1, 1975. Passed and adopted at a -regular r,.a_eting of the City Council held this 20th day of May, A. D. 1971. ATTEST: City Cle'_n Motion was made by Councilman Lopez, seconded by Councilman Fead, that this resolution be adopted. Upon a roll call, all members voted in the affirmative. AGENDA ITEM SA SIDEIYALK REPORT CITY ENGINEER 175 On AL` Bs `_ 6, 1970, 'a C_tv Council passed' a Reso,L't_on or -,a_-:^, Sidewal.0 _ooairS to SC _ada Jy Ce__e_- prG?e_ty 0-.,e_- City _.. 'llnnIn OciAO.r, i970, _.._ City rC'-talnc_ -ed cont3 _C'tor 10 ma e tne renair5 ind"_cared :.._ore the O`.,er failed Co don1 so. Th S rfl72Y work 5:as co Pp le---ed. Carly t71's yea-_ `he (y ers O° DrODO_:-,es [1'':e ri'. 'dOr`.{ �daS done RAVE: been notMed 'DV :^8i1, `in accordg^•'r .._�.- _.. c. �'=9wal, �'•p^i_ Ordinance, that sucl-L work has been don•= and `the^am not sse ' In , 0_ a„o�SSAp_e t0 t'le-ir proper'_- Till 197_, Co Lnci_ �v%ti--y y• ;�.^..}' 2O, 1 1 �+ has 'Dei:R Set as the date -.:en _he CGl.ncil would review __hlc t .,. — hs report and ear a1_1 CGm�_ in S to the oroi)Osed assessment. T:e tote'_ L"OL"- of work Covered by the sidewalk repair contraCt.:S: --•oral Re,)a_.r Cost $11,833.13 Less City Expense `or /"___eys•. 1 71E.25 nOent to Se ":ssessec to Prooerny Qaners , '0 114.3S 1 10% Eng_^_ee_'_n^ ane Adm_n_s__,_-_on 1,011.49 Mora_ Assessed to 2roperty of-mers $11,126.37 -e ._sscss:^e"t __s_ i t 2n ^e C - -. _y Clerk 's office. Several 1e`_«a` s of '.)een re e- a .�.�_ n w-, 7 :'Ave -_ _ c_-° d, - c_ 5e read by the City Clerk for Cn _n__ ccnsld_ on ' -- ^esoac•.:,,,'y submitted / I �� .• Bill C_tv _no_n-cer COMMUNICATIONS: ,._ _ 01— L`o_1 r_S, Co' OYa 0 SajE.i- .. �;a0o'S:a_--:b sir; CO..L)_0.i .'c0t Os__`J CO`":Cc"'._-_c ^E e}:-O=�J_t2_i :)___ :7T -:.0 _C= (=o, .11o:c = a ri __,,.) received _from: you, 'cU� c.=so ou 1_y o:z];;r one s,_=%re '.i_.S M:7.22__Ea a.s __eec -" -._- �. 0P.2 SC"'._rc (Ol .._...0) __ad _O .._�.C_:S `.•',;c� ^_:, c. �•, Gie ti?E 0 er Slabs oy i Ch Oa i,` _2C_.es. . C. !•eJ21'_' T':E S_ .0 a _fE^a2 to vias GG _e by SO:'":e G:_E C -e D. UToon ae tuinin- '_^ome ono day , .^..0'U_^_::_ _ou-_C. 1-7 S_.a- rE1.i� F.CEd. '1;1._re ,,aiti -no Cana:,_=S in ei t.^e-- 0_ t.^.e o-f _J o c-, which fib-r., re7_-.ced and tR_'1' 111 7J-_^G••'0 r+]Y ti1 - e, :^mot h2.:, �eS!Ed.tO tf10SE t'ii0 $l2.JS rey�lceed;-1-:._c C.-_i:,s z t__e-1 either. e Cause th s cone -:—_s your dE")aat:il eY-_ t, 1 v/OUid l -_e t0 _^_e=n your CG"1'f:u_"itS 0ei 0"_^ t :e 20 ?::ay 1971 City COU1!Ci1 ?eEti- tc_: S T' c.Ce. Sj-ca---lye Carl 1.:G^ 17f� To :r::ca it Llay concern.: Gentlemen: I 25 ? rC a d to the fart r Sent i0 :3 my the City ^"jineer, 'rr• Roy A; Bin ?ha7, r<Gi"J iavredicn�- t^.e Scie'r 1i re- pairsdone forproperty at 5;12 j•Colo. �. Fort Coll:-_; I feel the cost for repairs is unreasonable, Bs;eciall•r the rem ral far which I cz. being charged ;;66.00 for 120' • This sidewalk '.-.,as not concrete but stone slabs (approx. 3+ x !') which could easily be removed in less that 2 hoars by 21 Lien, Of ..ti.CLl 0:1y 3 Or 4 2Ctual needed repair (actllally marked off for repair by t o city)• Vnat constituted removal of the 'whole lengtho o� sidewalk? I also Irish to express my dissatisfaction :with tine method In ::hick this prOgraln wzs executed • Even though many property owners are not able to "buy sidewalk or pour concrete", I 2s sure :zany of us would be :wiili _ to and able to reeve the necessary 1-L�++uS requiring repi.:_-^, thll5 p0551j1y e! _^Ljctia"lg nearly 2 the Cost. To do that we would need adva-iced notice as to approximately when the city :i%.ended t0 have repairs done. I don't think this :would be dif:T icult for the city to arrange :with its contractors. I had no advanced notice whatsoever. Nor dial I expect to have the whole sidewalk replaced, and at such cost. Another question, sirs, that has arisen in -V mind, es- pecially since the street repass on 1". Shields have began is YJAO Owns the property from the sidewalk to the street curb? Since the property Owner is held resonsible for repairs and maintenance of it, it is ass r* fole .-cat he c:•r..s it. - ,Are those property owners ;whose ^.rcperty has been gouged cut A �o the.sidewalk in a-V Way reembursed? This letter -.s xrit,e-n in the event that I am unable to attend tho regular Counc'l of :Cab 20. I would like to request that Lf letter be directed cr for-,raraeo ,.o the proper aLtno-rity in the City Council S-r^ �a1y John J. 01`_vas yo rz/ I protest this action and excessive charge on my property $68.75. Re: Sidewalk 518 So. Howes Lot 13 - Block 105, Fort Collins, Colo. We went to the Engineer after he marked this sidewalk without even removing the dirt to see if there was a crack - which was less than 1/2 inch at the very west edge - A good Timothy Davis concrete walk with not one crack in it. Not even a Hippie could stump his toe - Then this absurd bill. Don't he get a salary why extra? He said he would recheck, all who looked at it agreed with me it was ok. If you can legally do such to my property - then get sidewalks at 601 So.Howes, never a sidewalk on Myrtle St and Elizabeth St - where I walked in mud to Hospital $ Stuart St. Schools on both streets and children dodging cars as I did. M2 - The terrible charge of trash collection. Free in Denver and $1.00 a Mo. on Electric bill in Loveland. 205 North Sherwood they say it is commercial - 5 boys not even a newspaper to throw away - certainly not $2.50 a month. 557 So. Grape Bernice P. Davis F, Sons - W.R& R.D. Allison Denver, Colo. 80222 177 May 20, 1971 s. Howard Porter, 607 South Loomis, BurdettlVoodward, 327 South Howes, E. E. Seitz, 606 Peterson, were present, protesting the charge assessed for sidewalk repair on their property. Among the objections was the administration and engineering charge, and that more was done than originally indicated in the sidewalk inventory. One citizen stating lie had never received the notification sent by the Engineering Department. After discussion and objections, the Director of Public Works Chuck Liquin, stated that as the work progressed, an estimate was made and bids made on this type of work and these prices are bid charges. Mr. Schneider stated that when the City was repairing his sidewalk, that one block was supposed to be taken out and they took out two blocks, and they also cracked his driveway with the cement truck, either the City or the contractor and that he had a bill for this damage. Mayor Carson stated Mr. Schneider would be reimbursed for these damages to his driveway. Councilman Lopez stated he was interested in reaffirming measurements, prices of concrete, etc. It was stated that the main cost is labor compared to material, that bids are on the square foot. Councilman Fead asked if this bid includes removal of the walk, and and why di.d'nt Mr. Porter receive a notification, stating that we need to be very careful about measurements. Mayor Carson asked that the City Engineer make a report on these objections next week. AGENDA ITEM SB Communication: Mr. John Bartel City of Ft. Collins, Colo. Dear John: , Please consider this my resignation from the Zoning Board of Appeals. It has been a happy association but I feel there are many who are better qualified than I am, to serve on the Board. Very truly yours, /s/ J. M. Howell Motion was made by Councilman Peterson, seconded by Councilman Fead, that this resignation be accepted with regret. Upon a roll call, all members voted in the affirmative. AGENDA ITEM SC PLATS OF SOUTH40OR VILLAGE Tabled from May 13, 1971 to this date. Motion was made by Councilman Fead, seconded by Councilwoman Preble, that this be removed from the table. Upon a roll call, all members of the Council voted in the affirmative. Mr. Wm. Allen, Attorney, was present and stated that the third filing is the only one that is ready and that the plat is in conformance. Motion was made by Councilman Fead, seconded by Councilman Peterson, that this plat be approved. Upon a roll call, all members voted in the affirmative. Mr. Allen stated that the Second Filing, Revision of Tract F, and the Unit Development should be tabled again, explaining these plats, that he thinks they need a road. Motion was made by Councilman Fead, seconded by Councilwoman Preble, that A, C and D of Item SC, be tabled until next week. Upon a roll call, all members of the Council voted in the affirmative. AGENDA ITEM NOT ON AGENDA PLAT OF FOOTHILLS PHASE III Motion was made by Councilman Lopez, seconded by Councilman Peterson, that this plat be approved. Upon a roll call, all members voted in the affirmative. AGENDA ITEM SC BIDS --DUCTILE IRON PIPE AND FITTINGS . A summary of the bids are as follows: Estimate $24,325.00 Recommended Bid 23,709.00 Difference $ 616.00 Mr. Eddie Hilgenberg, has evaluated the bids and all specifications have been met by the low bidder. The recommendation is that U. S. Pipe & Foundry be awarded the contract in the amount of $23,709.00. I Respectfully submitted, E:._ M. Kuppinger .Purchasing Agent l __ _ May 20, 1971 NULlotl .,as niaue oy Councilman mead, seconded by Councilman Lopez, that the recommendation of the Purchasing Agent be accepted. Upon a roll call all members of the Council voted in the affirmative. AGENDA ITEM SE BIDS - 1S000' UNDERGROUND CABLE, 600 V TRIPLEX Bidder Bid Price Delivery General Cable 3225.00 (.21S/ft.) 8-10 Weeks Alcan Cable 3528.00 (.2352/ft) 18-20 Weeks Rome Cable 3645.00 (.243/ft.) Stock Kaiser Aluminum 3690.7S (.2360S/ft.) 6 Weeks Essex Wire 3750.00 (.250/ft.) 4-5 Weeks Alcoa Conductor 3934.05 (.26227/ft.) 5 Weeks Anaconda Wire $ Cable 4125.00 (.275/ft.) 1-2 Weeks The subject cable is a warehouse stock item, subject to regular, often unforecasted, withdrawal. Mr. Robert Hanson, Warehouse Manager, indicated that we are presently under our minimum stock level on this item, and that our requirements based on..usage history are incompatible with an 8-10 week or 18-20 week delivery schedule offered by the two low bidders. It is therefore recommended that the contract be awarded to Rome Cable in the amount of $3645.00, who offers delivery from stock. Respectfully submitted, /s/ E. M. Kuppinger Purchasing .gent Mr. Stan Case, Director of Utilities, explained that building permits were going much faster and it was apparent that there would be a much longer delivery date on materials. Motion was made by Councilman Lopez, seconded by Councilwoman Preble, that the recommendation of the Purchasing agent be accepted. Upon a roll call, all members of the Council voted in the affirmative. Councilman Fead suggested we attemt to keep a better supply in stock. AGENDA ITEM SF BIDS - SEWER LINE CROSSING - WATER PIPE CROSSING - EDORA PARK ' A summary of the .bids are as follows: Bid $ 2,350.00 Estimate 1,700.00 Difference $ 6S0.00 Mr. H. R. Phillips, has evaluated the bids and all specifications have been met by the low bidder. The recommendation is that Lynn Morrison Ditching be awarded the contract in the amount of o $2,350.00. Respectfully submitted, /s/ E. M. Kuppinger Purchasing Agent Motion was made by Councilman Peterson, seconded by Councilman Fead, that the recommendation of the Purchasing Agent be accepted. Upon a roll call, all mem bers voted in the affirmative. AGENDA ITEM 5G QUIT CLAIM DEED A Quit Claim Deed transferring a water filing from Ralph Price, Trustee, of the Six -Cities, who is deceased, to the Municipal Sub -District of the Northern Colorado Water Conservancy District, was presented. Motion was made by Councilman Lopez, seconded by Councilman Peterson, that this Quit Claim Deed be approved and the Mayor and City Clerk be authorized to execute the estate. Upon a roll call, all members of the Council voted in the affirmative. Mayor Carson stated they had considered membership to the Housing Authority for some time and made recommendations according to the Colorado Statutes. He stated that the following members have been contacted and have agreed to serve on this Authority: Harry E. Troxe'1, Jr, 624 Armstrong Avenue - Chairman Five year term Pete Sanchez, 328 North Sunset Street, Four year term Mrs. Thomas McComb, 1204 Teakwood Drive, Three year term Alvin J. Kruchten, 1305 Green Street Two year term Irvine Wilson, 60S Birky Place One year term 17.9 Mayor Carson stated that recommendations had been received from the Designing Tomorrow Today Housing Task Force, Neighbor to Neighbor program and the League of women Voters. He said that there are many gaps to be filled in the housing program, even though private enter- prise has taken up the project. Letter: Dr. K-.r rarson City Council of Fort Collins 110" South Shields Fort Collins,.Colorado 20521 City Council of Fort C 11ins: On behalf of the Poudre..-Tho^:.pson Ceti O-1 :-rp bra-� Inc. Board of Directors, I would lire to co=ond the City Council members for aoreeino to name a rousing Authority Co= —*scion in Fort Collins. Through our DrooraFn we have found the-- ',cusing is a maior problem anion, low-incor!e Persons, thus tee are gratified that the City Council of Fort Collins is actively seol:ink a, solution to the housing problem. We also wish to co -.end t.. members of Desighin, Tomorrow Today and other persons who have wprked 'hard to maize the Housing authority a reality. Enclosed is a resolution which was unanimously endorsed by our Board at its April meetin-.. Sincerely, Ivan Vascuez Board Chairma / Motion was made by Councilwoman Freble, seconded by Councilman Fead, that these recommendations be approved and referred to the City Attorney to prepare the necessary resolution appointing _ these -.members. Upon a roll call, all members of the Council voted in the affirmative. COi,L rUNICATION TO: Arthur March, Jr., Attorney T11PU: Tom Coffey, City ?tanager FROIM: John Bartel, City C1ork SUBJECT:Delinquent Occupational License Tax. The following Hotel -Rcstaurant Liquor Licensed operators have not paid their 1971 occupational tax: The Ton Inc., dba The Sky Room, 211 Canyon ;venue Floyd L. $ Regina Baler dba Bakes Restaurant 249 South College Avenue. Everett Dale $ Melva Jean ?Meyer dba Sports -..'an Cafe 1002 North College avenue. R. IV. Spri igston dba Golden Ram, 214 Linden Strect This is probably due to the fact that on January 9, 1971, Attorney Ralph Harden, representing the above Restaurant operators, proclaimed that the City was over charging this type operators on occupational tax, as compared to other operators. In his letter he indicated that Civil action would be taken,therefore, I would reco-lend the City take legal steps for collection. Rospectfully, City Cler:< 18o Mav 20. 1971 Motion was made by Councilman Lopez, seconded by Councilman Fead, that the City Attorney take legal steps to collect this occupational tax. Upon a roll call, all members of the Council voted in the affirmative. Mayor Carson stated he had a request from the County Commissioners to appoint someone to represent Fort Collins ir. the Larimer-Weld Planni:6 Cc mission, and stated he woL,Id iiko to appoint Councilman Fead to this Commission. Motion was made by Councilman Lopez, seconded by Councilwoman Preble, that this recommendation be approved. Upon a icll call, all members of the Council voted in the affirmative. The Mayor stated it was necessary to appoint three members to the Planning and Zoning Board. He stated that: Marcille.Wood had resigned and that Phil Riddell had agreed to serve in her place. Also Lynn Anduss and Chuck Bowling have agreed to reappointment. Motion was made by Councilman Lopez, seconded by Councilman Fead, to approve these recommendations and refer. the matter to the City Attorney for the proper resolution. Also that Mrs. Wood be written the customary letter of appreciation for her services on said Board. Upon a roll call, all members of the Council voted in the affirmative. Motion was made by Councilman Fead, seconded by Counci] an Lopez, that the Council adjourn. Upon a roll call, all members voted in the affirmativ and the Council adjourned. ATTEST: C' ..............................