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HomeMy WebLinkAboutMINUTES-09/05/1968-Regularc� 1e 3 MINUTES OF A REGULAR MEETING OF THE COUNCIL OF THE CITY OF FORT COLLINS, Held Thursday, September 5, 1968, at 1:30 o'clock P.M. Present: Councilmen Carson, Troxell, Kissock, Kruchten and Bennett. City Manager Coffey, City AttDrney March and Director of Public Works Liquin. Motion was made by Councilman Kissock, seconded by Councilman Kruchten, that the reading of the minutes of the last regular meeting held August 22, 1968, be dispensed with. Roll was called resulting as follows: Kruchten and Bennett. Nayes: None. Ayes: Councilmen Carson, Troxell, Kissock, The President declared the motion adopted. Motion was made by Councilman Kruchten, seconded by Councilman Bennett, that Ordinance No. 35, 1968, relating to fees charged for impounding dogs be placed in line for presentation on first reading: \_\3 ORDINANCE NO. 35, 1968 BEING AN ORDINANCE AMENDING SECTION 3-14 OF THE CODE(F ORDINANCES OF THE CITY OF FORT COLLINS, COLORADO, 1958, RELATING TO FEES CHARGED FOR IMPOUNDING DOGS. Motion was made by Councilman Bennett, seconded by Councilman Troxell, that Ordinance No. 35, 1968, be considered favorably on first reading, and orderedpublished this 5th day of September, A. D. 1968, and to be presented for final passage on the 26th day of September, A. D. 1968. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Kissock, Kruchten and Bennett the motion adopted. Nayes: None. The President declared Motion was made by Councilman Bennett, seconded by Councilman Kruchten, that Ordinance No. 37, 1968, relating to prohibiting cats from running at large, be placed in line for presentation, on first reading: -,-\" ORDINANCE;-. NO. 37, 1968 5EING.AN ORDINANCE REGULATING THE CONTROL OF CATS IN THE CITY OF FORT COLLINS, PROHIBITING CATS RUNNING AT LARGE IN SAID CITY, PROVIDING FOR THE IMPOUNDING OF ANY CAT RUNNING AT LARGE, AND ESTABLISHING FEES FOR THEIMPOUNDING OF CATS Citizens in the audience present spoke in protest to the passage of this ordinanc Among those speaking were Mrs. Jeanette Newman, Mrs. David Watrous, Justus Wilkinson, Attorney, Jan Kester, Auditor of the Star Newspaper znd Robert Hellman. After much dis- cussion between various spokesmen and members of the Council, the followirg letter was pre- sented and read at length.' , September 4, 1968 To the Fort Collins City Council Dear Sirs: I'm only one of many that would like to known why Sou wish to put a "Cat Ordinance on record. The City already has a Dog Leash law which is not enforced, so why add another one, that can't or won't be enforded either. Cats do prowl and get into the garbage, however, they do not make the mess of the garbage pailes or on the lawns, that the dogs do, nor do they bark all night, as ones in the vicinity of Whedbee and Mulberry have done many a night the past few months. I have neither dog or cat, and I do like then in their place, but sure am tired of cleaning up after them. Copy sent to Newspaper Respectfully yours, /s/ Mrs. Henry Michaud 503 Whedbee ''t. Mr. Hillman opposed the ordinance as stated "providing such person makes a complaint"to the City". He also objected to the period of time allowed for the redemption whould be specified at seven days instead of three. After discussion and upon recommenda- tion of the City Attorney, the word "written" was inserted ahead of complaint in the 154 September 5, 1968 quotation above and recommend that the period of three days redemption be left . After some further discussion, motion was made by Councilman Kruchten, seconded by Councilman Troxell, to amend the ordinance to read "providing such person makes a written complaint" Roll was called resulting as follows: Kruchten and Bennett. Nayes: None. Ayes: Councilmen Carson, Troxell, Kissock, The President declared the motion adopted. Motion was made by Councilman Bennett, seconded by Councilman Kissock, that Ordinance No. 37, 1968, as amended, be passed on first reading. Roll was.called resulting as follows: Ayes: Councilmen Carson, Troxell, Kissock, Kruchten and Bennett. Nayes: None. The President declared the motion adopted. The following reports of the Planning and Zoning Board were presented: Doti SUBJECT: Consider Rezoning Petition involving approximately 2.2 acres fromR-L, Low Density Residential to 4-M, Medium Density Residential. The Board considered this item at the September 3, 1968 meeting and recommends approval. The Board felt that this request which provides its own buffer of R-L zoning would not detract from the neighborhood. The site also abuts a business zone and a collector street which serves the Colorado State University campus. Owners: D & L. Drywall, Inc., Charles C. Lockman, President. Location: Tract B, replat of Miller Brothers Foothills Subdivision, Sixth Filing, NE4 of SE4 of Section 16, south of West Elizabeth Street, east of Hi.11crest Drive and north of Montview Road. Respectfully submitted, /sl Robert 0. Engelke Acting Secretary After discussion, motion was made by Councilman Troxell, seconded by Councilman Bennett, that the report of the Planning and Zoning Board be accepted and approved and referred to the City Attorney to prepare the necessary legal papers. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Kissock, Kruchten and Bennett. Nayes: None. The President declared the motion adopted. \!PThe following report was presented and read at length: SUBJECT: Consider resolution of the Zoning Board of Appeals recommending Council consider amending the Zoning Ordinance to permit retail shops to be placed in apartment houses erected in R-H, High Density Residential Districts. The Board considered this item at the September 3, 1968 meeting. It was the feelint of the Board.that the inclusion of retail shops as a part of the R-H Zone would represent a significant change in the character of the zone which was not anticipated in zoning areas where the R-H zone currently exists. The Board suggested that if this concept of retail shops in apartments becomes a problem of significant proportions in the future a new zone could be established to meet the need. Until such time the board feels the Zoning Ordinance does provide sufficient flexibility to cope with this type of use. Motion was made by Councilman Kissock, seconded by Councilman Troxell, that this report be accepted. Roll was called resulting as follows: Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Kissock, Kruchten and Bennett. Nayes: None. The President declared the motion adopted. The following report was presented and read at length: SUBJECT: Consider Rezoning Petition involving 1.4 acres fromR-L, Low Density Residential /\1 to R-P, Planned Residential. In The board considered this item at their September 3, 1968 meeting and recommends disapprova This area was a part of a larger tract which is up for rezoning in the County. The entire package was recommended for disapproval. wner: Robert T. Smith ocation: SE4 of NW4 of Section 22, the land which is in the City of Fort Collins and north of the New Mercer Ditch. The City Manager advised the Council that he had just received a request from Smith's Attorney to table any action on this report for one week. Motion was made Councilman Troxell, seconded by Councilman Kissock, that the above report be tabled for e week. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, ssock, Kruchten and Bennett. Nayes: None. The President declared the motion adpted. 155 September 5, 1968 \,,S The following report was presented and read at length: SUBJECT: Consider petition to vacate Cheyenne Drive west of Stover Street. This item was tabled for further study by the staff and the petitioners. Petitioner: Everitt Enterprises, Inc. Gary Haxton, Executive Vice President Location: SW of NE-4 of Section 24, west of Stover between Stuart Street and Dartmouth Trail. No action was taken as the Planning and Zoning Board tabled this petition for further study. The following report was presented and read at length: SUBJECT: Consider amendment to Zoning Ordinance which would permit the application of the Unit Development concept to all'Residential Zones. The board considered this item at their September 3, 1968 meeting and recommends approval of the concept as presented in the staff memo to Council dated August 15, 1968. Respectfully submitted, Motion was made by Councilman Troxell, seconded by Councilman Bennett, that the report of the Planning and Zoning Board be accepted and referred to the City Attorney to prep;a•re the necessary amendment to the Zoning Ordinance. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Kissock, Kruchten an] Bennett. Nayeas: The President declared the motion adopted. ,j3S The following report was presented and resl at length: SUBJECT: Consider petition to vacate Remington Street between Spring Park Drive and Darts - mouth Avenue. The board considered this item at their September 3, 1968 meeting and recommends disapprova It was felt that with the potential development of apartments in the R-M zone to the south this vacation might contribute to traffic problems in South College Heights, As insight to the development of the area and related traffic circulation is obtakned.it would be reasonable to re-avaluate the request.' Petitioner: Rauch Motor Company. Respecfully submitted, /s/ Robert 0. Engelke The City Manager advised the Council -that he had received a request from Mr. Gene Fischer, Attorney for Mr. Jack Rauch, requesting that this report be tabled for one week. Motion was made by Councilman Bennett, seconded by Councilman Kruchten, that the above report of the Planning and Zoning be tabled for one week. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Kissock, Kruchten and Bennett. Nayes None. The President declared the motion adopted. The followng report was presented and read at length: SUBJECT: Consider Park Land Ordinance as proposed by the Special Park Land Committee. The board considered this item at their September 3, 1968 meeting and recommends approval. Motion was made by Councilman Kissock, seconded by Councilman Kruchten, that the report be accepted and approved, and Ordinance No. 38, 1968, be placed in line for first reading. Roll was called resulting as foDDws Ayes: Councilmen Carson, Troxell, Kissock, Kruchten and Bennett. Nayes: None. The President declared the motion adopted. The following ordinance was presented on first reading: ORDINANCE NO. 38, 1968 BEING AN ORDINANCE:PROVIDING FOR THE ACQUISITION OF PARK LANDS, ASSESSING A FEE TO BE SELECTED FOR THE PURPOSE OF ACQUIRING PARK LANDS AND ESTABLISHING A PARK FUND Motion was made by Councilman Troxell, seconded by Councilman Kissock, that Ordinance No. 38, 1968, be considered favorably on first reading and ordered published this 5th day of September, A. D. 1968, and to be presented for final passage on the 26th day of September, A. D. 1968. Roll was called resulting as follows: A,es: Councilmen 156 September 5, 1968 Carson, Troxell, Kissock, Kruchten and Bennett. Nayes: None. The President declared themotion adopted. The following report was presented and read at length: SUBJECT: Consider Foothills Apartments Sibdivision Plat involving one lot with R-P, \�%, Planned Residential Zoning - 104 units. The board considered thia itme at the September 3, 1968 meeting and recommends approval subject to the following: 1. Granting of a traffic easement by Colorado State University for the north (40) feet of Stuart Street where it abuts the plat. This condition was agreed to by letter from the developers. 2. Resolution of the problems relating to the location of utility easements. 3. Approval of the utility plans by the City Engineer, andsigning the usual agreement covering cost of same. 4. Approval of the storm drainage plans by the City Engineer. Owners: Foothills Apartments, Inc. Gene E. Fischer H. D. McGraw Location: SE4 of NE4 ofSection 22, 1/3 mile south of Prospect Road on the west side of SHelds Street. Motion was made by Councilman Kissock, seconded by Councilman Krudien, that this report of the Planning and Zoning Board be accepted and the Foothills Apartments Subdivisi Plat be approved, subject to the stipulations contained in the report. Roll was called resulting as follows: Eyes: Councilmen Carson, Troxell, Kissock, Kruchten and Bennett. Nayes: None. The President declared the motion adopted. The following resolution was presented and read at length: RESOLUTION 6; W OF THE COUNCIL OF THE CITY OF FORT COLLINS APPOINTING MEMBERS OF THE LAND14ARK PRESERVATION COMMISSION. WHEREAS, Ordinance No. 23, 1968, created a Landmark Preservation Commission to consist of nine members, and WHEREAS, the City Council desires to appoint the members of said Commission. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the following named persons are hereby appointed as members of the Landmark Preservation Commission to serve for the term of years set forth opposite their names: Chuck Burchfield 3 years. Dr. Robert Pike 3 years Gene Allen 3 years Ginny Chamberlain 2 years Don Drager 2 years June Bennett 2 years Betty Woodworth 1 year Jim Guyer 1 year Harry Rennat 1 year Passed and adopted at a regular meeting of the City Council. held this 5th day f September, A. D. 1968. TEST s/ Miles F. Hou rK /s/ Karl E. Carson Mayor Motion was made by Councilman Troxell, seconded by Councilman Bennett, that this esolution be adopted. Roll was called resulting as follows: Ayes: Councilmen arson, Troxell, Kissock, Kruchten and Bennett. Nayes: None. The President declared motion adopted. The following report was presented and read at length: September 5, 1968 0: Tom Coffey, City Manager HRU: Charles Liquin, Director of Public Works ROM: Roy A. Bingman, City Engineer E: Bids for Sidewalk, Curb and Gutter Replacerremt 157 September 5, 1968 Bids were received and opened on Thursday, September 5, 1968, for the removal and replacement of sidewalk, curb and gutter. The bids received were as follows: 1. Kiefer Concrete $36,110.00 2. Flatiron Materials $53,250.00 The estimate for this contract is $42,860.00. The unit prices of the bidders for the various items are enclosed. Due to the nature of the work, the final contract price may be more or less than the above figure. This bid is principally to obtain unit prices for.the reconstruction of sidewalk, curb and gutter. bid. It is recommended that the contract be awarded to Kiefer Concrete for the low Respectfully submitted, /s/ Roy A. Bingman City Engineer Mr. Liquin,Di'rector of Public Works, explained that the bid=as shown, was the total of the various unit bids in the specifications and that due to the fact that the various contingencies that may arise in making these repairs, both to the lineal footage and square foot area these final prices of the work may varSr from the contract price of the bid. The City Attorney advised the Council that it will be nece-,Mr y to proceed by resolution and notification of all property owners with an approximate cost per lineal foot or sqare foot area in order that they might determine in advance the cost to them of the City doing this work. After further discussion, motion was made by Councilman Troxell, seconded by Councilman Bennett, that the bid of Kiefer Concrete Company be accepte subject to corrections necessary in final billing and the matter be referred to the City Attorney to prepare the resolution and notice. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Kissock, Kruchten and Bennett. Nayes: None. The President declared the motion adopted. The application of Jesse and Gillermo Godinez dba El Burrito (Sam's Place), 4C4 Linden Street, to the State of Co],orado,-for renewal of a 3.2% Beer License, was presented. Motion was made by Councilman Bennett, seconded by Councilmn Kruchten, that the Mayor and City Clerk be authorized to execute the approval of the licensing authority. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Kissock, Kruchten and Bennett. Nayes: None. The President declared the motion adopted. The application of Jesse & Gillermo Godinez dba E1 Burrito (Sam's Place), 404 Linden Street, to the City for renewal of a non -intoxicating malt liquor license, accom- panied by the required license fee, was presented. Motion was made by Councilman Bennett seconded by Councilman Kruchten, that the license be granted.subject to the issuance of the State License. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Kissock, Kruchten and Bennett. Nayes: None. The President declared the motion adopted. \\o The application of Paul L. Kelly dba Campus Bowl Lounge, 830 North College Aveue, to the State of Colorado, for renewal of a 3.2% Beer License, was presented. Motion was made by Councilman Kruchten, seconded by Councilman Bennett, that the Mayor and City Clerk be authorized to execute the approval of the licensing authority. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Kissock, Kruchten and Bennett. Nayes: None. The President declared the motion adopted. \0 The application of Paul L. Kelly dba Campus Bowl Lounge, 830 North College Avenue, to the City for renewal of a non -intoxicating malt liquor license, accompanied by the required license fee, was presented. Motion was made by Councilman Kruchten, seconded by Councilman Bennett, that the license be granted subject to the issuance of the State license. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Kissock, Kruchten and Bennett. Nayes: None. The President declared the motion adopted 158 September 5, 1968 Mr. Zane Miles, Editor of the. Coloradoan, read a letter to the Council which was previously mailed to them under no date as follows: Mayor are City Council City of Fort Collins Gentlemen: I would like to take this opportunity to call your attention to a situation which I feel reflects poorly upon the municipal government of the City of Fort Collins. I am referring to the charge of $1.25 per page which has been established by your city manager, Mr. Tom Coffey, fo r copies,of public records of the City. I believe this charge is too high, probably by a multiplier of about five times. Our own experience with copying machines in our business indicates that a charge of 25 cents per sheet will more than cover machine rental, materials, and the time spent by the machine operator. It appears that the city is making a profit of about $1 per sheet on the copies of such documents that it sells. A profit of 400 per cent on the sale of public records appears to me to be exhorbitant. One less willing to credit the city with good motives might even be constrained t-,suggest that such a charge is designed primarily to prevent the public from obtaining such document Let me cite a case in point -- the 52 page document which you gentlemen surely have re- ceived by now which is the summary of department head requests for funds for fiscal 1969. The City Manager offered to provide one of my reporters with a copy -- at a rate of $1.25 per page. That amounts to about $60. Upon our protest he agreed to let us copy the document ourselves. We originally had planned to do this with our copying machine. That proved impractical, because of the device's weight, and we chose to make 35 mm micro- film spies photographically. While this procedure worked for us, it unfortunately is one which is not generally avail- ble to the public. Most private citizens have neither access to a dry copier or to the photographic equipment needed for photographic copies. The net result is that any person or agency --such as the League of Women V otees or the Taxpayers' council-- is forced to pay through the nose to obtain from the city files copies of documents vlich are lawfully available to them. One cannot but feel that this amount to doing by indirection that which cannot be done directly -- a procedure which I'm sure your attorney would agree is improper. Once again, to charge either a reporter or any other member of the public $60.00 for copies of documents which cost the city substarfially less, is, I feel, an inappropriate action for the city. Your consideration will be appreciated. Sincerely, /s/ Zane S, Miles At the conclusion of the presentation of Mr. Miles, Mayor Karl E. Carson read the following statement: Mr. Miles, your suggestion that one less willing to credit the City with good motives might even be construed to suggest that such a charge is designed primarily to pre- vent the public from obtaining such documents is of curious andserious concern to us. First of all, you have never indicated a willingness to credit the City, or any,v other loca governmental unit, with good motives. Secondly, it seems to us that your mathmetical analys of costs for such work at the Coloradoan is obviously faulty, but on the basis of such erroneous analysis you are willing to lead people to believe that the City is overcharging. Let us assure you and -the public that every citizen and every member of the news media is and will be treated fairly, courteously and accordingly to law. The City administration has a job to do - an obligation to function as efficiently and as effectively as possible with the manpower at hand. Any unnecessary or frequent interruption of time spent by the City Manager or department heads is a direct cost to the citizens who pay for the services of these professional and semi- professional people. Let us rerdnd you that there is more involved here than just Zane Mils or some other member of the press and .radio running to City Hall for a copy. There are times convenient and times inconvenient for the people involved to make available these services. The open records law (Sec. 5Q) states "The custodian may furnish such copies, print-outs or photographs for areasonable fee to be set by the official custodian, not tt exceed one dollar and twenty' -five cents per page unless actual costs exceed that amount. Paragraph 2,Sec. 5 "The official custodian may establish a reasonable schedule of times for making copies, print-outs, or photogrrphs and may charge the same fee for the services rendered by him or his deputy in supervising the copying, print-out or photo- graphing as he may charge for furnishing copies under subsection (1) of this section." The members of the legislature who drafted the law must kcaassumed to have given proper attention to the setting oC a.fee for this purpose. It may be that your r.aomplaint shoulddbe addressed to *ha legislature. You .have limits of costs, prescribed by lawchch you charge for advertising and ou should knwo what it costs you to publish official documents for local government. In act, there are people who think the Coloradoan overcharged the city :for mark* years for zblishing legal advertisements. 159 September 5, 1968 It seems to us, Mr. Miles, that this is another attempt by you to underaine the confidence of the public in the City administration. You have accused Mr. Coffey of lying to you and withholding information from you, when as routine practice he frequently makes - info :rmation available to you before it is given to the council, as in the case of the department heads' budget memoranda. You have indicated that you will not rest until Mr. Coffey leaves the position of City Manager. May we suggest to you that we as a council are solidly behind Mr. Coffey. We feel that the future of Fort Collins is our business and your business - we feel that,responsible public officials and responsible press is the backbone of the success of public business. We call upon you and all citizens to be con- cerned - be informed and be active in government affairs. We call upon all to be positive in attitude and eliminate the negativism which is so prevalent in your daily newspaper. One other point is worthy of mention. The Coloradoan is a private business enterprise operated for profit. For. the City to make available, at less than cost, any of its services to such an enterprise is in itself a violation of the City Charter, as you have several times pointed out. Since it is obvious that your request for a price reduc- tion to 25;i would be below cost, you are apparently requesting a charter -violating subsidy. Mr. Miles again addressed himself to the Council and read the following letter which was written to the Chief of Police, Ralph M. Smith, and not dated: TO: Ralph M. Smith Chief( Police Fort Collins, Colorado Dear Sir: This letter is addressed to you as the custodian of the personnel records of the Fort Collins Police Department. - 11 It is a request to permit the undersigned to inspect the performance ratings --including the official reprimands and official commendations --of Lt. Daniel Eychner, a lieutenant on the Fort Collins Police Department. As authority for this request we cite the act commonly known as the Colorado Open Records Act, an act providing for inspection of public records and for the copying or photograph- ing of such records. Specificially we refer to Setion 4, Subsection 3, Paragraph (c). 71 Section 4 says -"The custodian of any public records shall allow any person the right of inspection of such records or any portion thereof except on one or more of the following grounds or as provided in subsection (2) or (3) of this -section:" Subsection 3 then provided "The custodian SHALL deny the right of inspection of tYy follow- ing records/,shall be available to the person in interest under this subsection: unless otherwise provided by law, provided that any of the following records Paragraph C of Subsection 3 refers to personnel records as follows: "(c) Personnel files, except applications and performance ratings, provided that such files shall be available to the person in interest and to the duly elected and appointed public officials who super- vise his work;" The exceptioncf applications and performance ratings clearly indicates that the legislature meant for applications and performance ratings to be public documents. An official reprimand clearly is a rating of performance. On that basis we request to see the documents. If you refuse, we call your attention to Section 4 of the art which says: "I£ the custodian denies access to any public record, the applicant may request a written statement of the grounds for the denial, which statement shall cite the law or regulation under which access is denied, and shall be furnished forthwith to the applicant." In the event of your refusal, we request such a written statement. We also call your attention to Section 5 of the act which says: "Any person denied the right to inspect any record covered by this'act may apply to the district court of the district wherein the record is found for an order directing the cus- todian of such record to show cause why he should not permit the inspection of such record. Hearing on such application shall be held at the earliest practical time. Unless the court finds that the denial of the right of inspection was proper, it shall order the cus- todian to permit such inspection and, upon a finding that the denial -was arbitrary or cap- ricious, it may order the custodian Versonally to pay the applicants court costs andattor- ney fees in an amount to be determined by the court. Thank you for your consideration, /s/ Zane S. Miles At the conclusion of his presentation, Mr. Arthur March, City Attorney, advised Mr. Miles that there was in the mail a letter written by himself in reply to the letter addressed to Ralph M. .Smith. Said letter is herewith entered in the minutes of this meeting. September 5, 1968 Mr. Zane S. Miles Fort Collins Coloradoan Post Office Box 576 Fort Collins, Colorado 160 September 5, 1968 Dear Mr. Miles: Your undated letter handed to Mr. Tom Coffey, City Manager, and addressed to Ralph M. Smith, Chief.of Police,Yas been referred to me for reply. We have made a study of the Colorado Open Records Act; and it is our opinion that a reprimand is not a per- formance rating, but is a part of the personnel files that should only be available to the person in interest and to the duly elected and appointed public officials who supervise the work of the employee involved. The performance rating of any city official will, upon request, be made available to you. Yours truly, /s/ Arthur E. March City Attorney Mr. Neal Morehart presented a request for the appointment of the Youth Baseball Commission. No action was taken at this time as it was merely a proposal. The City Attorney advised the Council that the vacation that we gave to Hanry Saxon for streets and alleys at Riverside Park Subdivision was defective in discription furnidad by the petitioner. The following ordinance was presented on first reading to correct the discrep-- ancv in the vacation ordinance:by deleting the discription in Ordinance No. 32, 1968, and substituting the correct discription: \wORDINANCE NO. 41, 1968 BEING AN ORDINANCE AMENDING ORDINANCE NO. 32, 1968, by CORRECTING THE DESCRIPTION IN SUCH ORDINANCE Motion was made by Councilman Kruchten, seconded by Councilman Kissock, that Ordinance No. 41, 1968, be considered favorably on first readig and ordered published this 5th day of September, A. D. 1968, and to be presented for final passage on the 26th day of September, A. D. 1968. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Kissock, Kruchten and Bennett. Nayes: None. The Preeident declared the motion adopted. The City Attorney presented the following ordinance: RDINANCE NO. 42, 1968 BEING AN ORDINANCE AMENDING SECTION 18-33.5 OF THE CODE OF ORDINANCES OF THE CITY OF FORT COLLINS, COLORADO, 1958, AS AMENDED, RELATING TO THE USE OF B-B, AIR OR PELLET GUNS IN THE CITY OF FORT COLLINS. After considerable discussion between members of the Council relating to this amendment to the Code of Ordinances, motion was made by Councilman Bennett, that this ordinance be passed upon 1st reading. The Mayor called for a second to the motion; receiv- ing none, the Mayor declared the motion lost for lack of a second. The following resolution was presented and read at length: RESOLUTION OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING AN AGREEMENT` TO BE ENTERED INTO WITH PAUL J. KANE. WHEREAS, heretofore, Paul J. Kane has sold to the City thirty-four (34) shares of the capital stock of the North Poudre Irrigation Company; and WHEREAS, one condition for said sale was that the City agree to lease back said water to said Paul J. Kane until January 1, 1968, and thereafter for a further period of seven (7) years and thereafter on a year-to-year basis until the City determines in its sole discretion that it no longer has said water to lease, with the rental for said lease to be the assessments on said shares; and WHEREAS, an agreement has been prepared by the City Attorney setting forth this agreement. NOW; THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the terms and conditions of said agreement be and the same hereby are approved; and BE IT FURTHER RESOLVED that the Mayrand City Clerk be and they are hereby auth- orized and directed to execute said agreement on behalf of the City of Fort Collins._' Passed and adopted at a regular meeting of the City Council held this 5th day of tember, A. D. 1968. TTEST: Cle /a/ Karl E. Carson Mayor 161 September 5� 1968 Mr. Fred Franz of Epcm Company presented the following letter: Fort Collins, Colorado September 3, 1968 City Council City of Fort Collins Fort Collins, Colorado Gentlemen: I am writing this letter to request permission to encroach on city property with a portion of the modernization to the front of my building at the corner of Mason and Oak streets. Each column on the attached design will extend into city property 16" and in every case the columns are approximately 16" wide. The sidewalk on Oak Street measures 19 feet 3r? inch from the front of my building to the back of the curb. The sidewalk on the mason Street side of my building measures 15 feet 63�* inches. I hope that you will agree with my feeling that my request for encroachment will not hinder automobile or pedestrian traffic. I also think you will agree thatthe prop- osed modernization of my building will be a pleasant addition to Fort Collins. If there are any questions please do not hesitate to call me or contact Mr. Fred H. Frantz of the Epcon Company who is handling my sign and store front program. Sincerely, L. Wesley Briggs Maintenance Dept. Briggs Corp. After discussion, motion was made by Councilman Kissock, seconded by Councilman Troxell, that the request be approved subject to the approval of the City AttorrLy as to legal interpretation. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Kissock, Kruchteiand Bennett. Nayes: None. The President declared the motion adopted. �a The City Manager discussed the tree dump and the trouble that the City is having regadirg fires and the disposal of garbage, etc. over and above the tree limbs and stumps that are supposed to be placed on the dump and the City Manager requested authority to pu't a caretaker on the dump and make a charge for same. Motion was made by Councilman Kruchten, seconded by Councilman Troxell, that the City Manager be authorized to obtain a caretaker for the tree dump and"make a charge for use of said dump to reimburse the expense,. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Kissock, Kruchten and Kruchten. Nayes: None. The President declared the motion adopted. \4ti The City Manager requested approval to buy 20 shares of North Poudre Irrigation Istock from Charles and Lola Barron and 30 shares of North Poudre Irrigation stock from the IBoxelder Farms, Inc., for the price of $900.00 per share. Motion was made by Councilman �Troxell, seconded by Councilman Bennett, that the City Manager be authorized to accept the offer of the above 50 shares of North Poudre Irrigation stock at $900.00 per share. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Kissock, KruchtEn and Bennett. Nayes: None. The President declared the motion adopted. \a^ The City Manager requested approval of selling a triangular piece of land west of Mathews Street and South of Spring Creek Drive, which is a portion of the Spring Creek Park property when purchased. In the opening and development of Mathews Street, a curve was made to the east to meet Mathews Street in South College Heights and this has resulted in this triangular piece of : property adjoining property owned by Rauch Motor Company and Mathews Street itself. He stated that he had an offer from Mr.Rauch of $250.00 for this land. After discussion, motion was made by Councilman Kruchten, seconded by Councilman Kissock, that.. this matter be tabled for further investigation. Roll was call resulting as follows: Ayes: Councilmen Carson, Troxell, Kissock, Kruchten and Bennett. (Nayes: None. The President declared the motion adopted. 162 September 5, 1968 The City Manager advised the Council that the Kinderga:rden Safdy School that has been carried on for the last week or so with the Kindergarden children by the Police Department, has been very successful and commendation of this work has been received by the Council in the value of the work performed by the Police for the children. Motion was made by Councilman Kissock, seconded by Councilman Kruchten, that the Council adjourn. Roll was called _-resulting as follows: Ayes: Councilmen Carson, Troxell, Kissock, Kruchten and Bennett. Nayes: ,None. The President declared the motion adopted and the Council adjourned. / ayor ATTEST: VA