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HomeMy WebLinkAboutMINUTES-08/27/1964-Regular516 MINUTES OF A REGULAR MEETING OF THE COUNCIL OF THE CITY OF FORT COLLINS, Held Thursday, August 27, 1964, at 1:30 o'clock P.M. Present: Councilmen Johnson, Colwell, McMillan, Guyer and Councilwoman Quinn. City Manager Boos, City Attorney March and City Engineer Weiss. Motion was made by Councilwoman Quinn, seconded by Councilman Guyer, that the reading of the minutes of the last regular meeting held August 20, 1964, be dispensed with. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Guyer and Councilwoman Quinn. Nayes None. The President declared -the motion adopted. The following ordinance was presented on second reading: ORDINANCE NO. 31, 1964 BEING AN ORDINANCE RELATING TO THE VACATION OF CERTAIN STREETS IN UNIVERSITY SHOPPING C Motion was made by Councilwoman Quinn, seconded by Councilman Guyer, that Ordi- nance No. 31, 1964, be adopted and become a law upom passage. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Guyer and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. This being the date of the hearing on the Thunderbird Estates Eighth Annexation, the City Clerk advised the Council that no written counter petitions had been filed. The following ordinance was presented on first reading: ORDINANCE NO. 32, 1964 ACCEPTING AND APPROVING THE PLAT OF ,•THAT IS KNOWN AS THE THUNDERBIRD ESTATES EIGHTH ANNEX- ATION TO THE CITY OF FORT COLLINS AND TO BE INCLUDED WITHIN THE LIMITS AND JURISDICTION THEREOF, PURSUANT TO THE AUTHORITY CONTAINED IN ARTICLE 11, CHAPTER 139, COLORADO REVISED STATUTES, 1953. Motion was made by Councilman McMillan, seconded by Councilman Colwell, that Ordi- nance No. 32, 1964, be considered favorably on first reading and ordered published this 27t day of August, A. D. 1964, and to be presented for final passage on the 17th day of Sept- ember, A. D. 1964. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Guyer and Councilwoman Quinn. Nayes: None. The President declared the motion adooted. The matter of the request of LeRoy Ackerman for curb diagonal parking at his property at the corner of South Shields Street and West Prospect, which was tabled to this date, was again presented for action. The City Council members inspected the property as a group and made an on the ground investigation of the request. After further discussion, motion was made by Councilman McMillan, seconded by Councilwoman Quinn, that the recommends •tion of the Planning Director and the City Engineer be approved and that vertical curbs 4 Abe built and two curb cuts be made for entrance for parallel parking inside of the curb and parallel parking be required outside of the curb, and that the requested angle parking be denied. Roll was called resulting as follows: Ayes: Councilmen Johnson, McMillan, Guyer and Councilwoman Quinn. Naves: Councilman Colwell, The President declared the motion adopted. The matter of the request of the Plymouth Congregational Church to continue dia- gonal parking and pan construction in place of vertical curb, which was tabled previously, was again brought up for discussion. Reverend Miller of the Church again spoke of the allowande of the parking as granted previously at the time that the church was constructed. He objected to the construction of an additional vertical curb at the street line. After considerable discussion between the members of the Council in reference thereto and the City Director and Everett Smith, representing the City Engineer, motion was made by Council man McMillan, seconded by Councilman Guyer, that diagonal parking be denied and parallel August 27 1964 parking be approved with the provision that the pan construction be allowed, as is now in place and vertical curb be dispensed with. Roll was called resulting as follows: Ayes: Councilmen Johnson, McMillan, Guyer and Councilwoman Quinn. Nayes: Councilman Colwell. The President declared the motion adopted. The request of Roger A. Barnhart and Shirley M. Barnhart for vacation of a utility agreement, which was tabled to this date, was presented for further actiob. The following memorandum was presented: MEMORANDUM.TO: Robert F. Boos FROM: G. J. Weiss Reference is made to the request for the vacation of a utility easement across the east side of Lot 17, Miller Brothers Foothills Subdivision, 4th filing. There are no existing utilities within this easement, and there are no plans for any use of this in the future. This was originally planned for underground electrical, but is not needed. Motion was made by Councilman Guyer, seconded by Councilwoman Quinn, that the re- commendations of the City Engineer be :approved and the matter be referred to t he City Attor- ney. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Guyer and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The matter of the recommendation of the Planning and Zoning Board for acquiring park land in the SE portion of the City, was presented to the Council for any action that they might wish to make. Since the presentation of the recommendation, a memorandum has been prepared in reference to this proposed park from the Planning Director and has been presented to the members of the Council. Several members of the Council spoke in reference to this matter and the consensus of opinion was that it was somewhat premature to take any definite action until further study of what the cost might be. Motion was made by Council- man Guyer, seconded by Councilwoman Quinn, that the report of the Planning and Zoning Board and the City Director be accepted and taken under consideration. Roll was called resulting as follows:. Ayes: Councilmen Johnson, Colwell, McMillan, Guyer and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The final estimate due the Van Winkle Construction Company on the water storage reservoir was presented for approval. The amount due under this final estimate is $46,791.7� A number of unpaid claims against the construction company had been filed with the City in respect to final settlement which was published August 3rd and lOth, 1964. It appears that the claims amount- to more than the payments to the Van Winkle Construction Company and that it has been determined by the Attorney's for the Company and the City that the final payment which the City is holding at this time should be paid to the Trust Department of the First National Bank who will consider and pay the claims that have been filed under an agreement. The Engineer's have advised the City that they have received the certification of the sales tax paid on the water storage construction project and these are ready for filing with the State for refund. It was their recommendation that the City withheld $1,000.00 from the final estimate until the final tests of the water storage reservoir had been made and the storage reservoir be accepted. Motion was made by Councilman McMillan, seconded by Council- man Guyer, that the report of the Engineer's be accepted and the payment to the First Nat- ional Bank Trust Department be authorized. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Guyer and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The Director of Finance requested approval of the Council for an additional appro- priation from the Water Works Capital Improvement Account to cover the costs over and above he $500,000.00 appropriation from the Light and Power Department. Motion was made by Coun- ilman Colwell, seconded by Councilman Johnson, that the request of the Director of Finance 518 August 27. 1964 be approved and a defeciency appropriation be made from the Water Works Capital Improvement Account to balance the cost of the water storage reservoir. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Guyer and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The following communication was presented;Iand read at length: TO: Arthur March FROM: G. J. Weiss Reference is made to the claim against Mainline Incorporated on the Spring Creek Sanitary Sewer Trunk Line Extension No. 1 I have signed releases from all property owners where the sewer line crossed t property in an easement granted tothe City. I have a copy of a purchase order from Mainline to the County Commissioner for a ;ash settlement on the damage done to the county, road system and to the individual driveways ,-tc. of the property owners along these roads. The county used this money to repair these ttems. I have an unpaid claim against Mainline Inc. from Sterling Contracting Company )f $2,175.44 for work done on Bryan Ave., in the Fairview Subdivision. The work was ordered )y the City to get the unstable sewer trench in condition to permit paving the street. I also have an unpaid claim against Mainline Incorporated from Sealite Incorpor- ated for $1,458.60 for materials furnished. These materials were used by Mainline in an attempt to seal the infiltration in the sewer line. The 180 day contract of Mainline was to be completed on Nov. 13, 1963. The infil- tration test did not meet our specification until February 22, 1964. The liquidated damages >f 101 days at $50.00 per day would be $5,050.00 /s/ G. J. Weiss City Engineer The following communication was presented and read at length: August 27, 1964 ;ity Council !ity of Fort Collins Zunicipal Building Port Collins, Colorado )ear Madam and Gentlemen: The undersigned have reviewed the matter of the contract between the City and inlaine, Inc. for the building of a sanitary sewer line and the letter from the attorneys r Mainline, Inc., a copy of which is attached hereto. The folloiwng are our comments and commendationsregarding this matter. ursuant to the provisions of C.R.S. 86-7-7, the City has advertised a notice of final stttl ent with Mainline and following such advertisement various claims were received against ainline; however, the above statue requires that any claimant must commence an action withi 0 days from the date fixed for final settlement in order to enforce his claim and at the nd of such 90 day period if no action has been commenced the statute requires thatt he City ay over the amounts being withheld to the contractor. Accordingly, it would appear that th ity is not justified in withholding any amount from Mainline on account of claims files. It is felt that the claim filed by Sterling Construction Company in the amount f $2,175.44 does not fit within the category of claims discussed in the above paragraph for he reason that this claim was for corrective work on the sewer construction project and was pparently ordered by the City rather than by Mainline, Inc. However, it appears that this ork was ordered by the City without notice to Mainline, Inc.; and, accordingly, we would eel that in the event of any lawsuit arising out of this matter Mainline would be entitled o show what it could have done the work for itself and if this amount is less the City woul e entitled to withhold only such lesser amount. The final matter for consideration in this controversy- in the question of liqui- ated damages. Under the terms of the contract and because of Mainline's failure to complet he contract on time, the City is entitled to $5,050.00 as liquidated damages. Again, owever, in the event of a lawsuit it would be difficult to justify this great an amount of amages and in all probability the City would no t obtain a judgement for this amount. In view of the albove, it is our recommendation that the proposal submitted by the attorneys for Mainlin e, Inc. be accepted. If this proposal were accepted,the City would ^eceive from Mainline, Inc., $$3,525.00. The City would have to pay out of this amount on the Sterling claim the sum of 2,175.44, which would leave $1,349.56 which would apply as liqui- iated damages because of the delay in completing the contract. It is our feeling that t his amount is reasonable and that the expense and incidental disadvantages in litigating this question would not justify attempting to enforce collection from Mainline of the entire amount claimed. Respectfully submitted, /s/ Arthur E. March - City Attorney /s/ R. F. Boos - City Manager 519 Motion was made by Councilman Johnson, seconded by Councilwoman Quinn, that the recommendations of the City Attorney and the City Manager be approved and settlement be made on that recommendation. Roll was called resulting as follows Ayes: Councilmen Johnson, Colwell, McMillan, Guyer and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. THe following communication was presented and read at length: City Council City ofFort Collins Fort Collins, Colorado Gentlemen: It is requested by Mr. Ron Sitzman's Bakery and by Mr. Charles-Buechner of Chuck'a Camera Center that you consider the installation of parking meters in front of the building we will occupy in the near future; 627--629 South College. Mr. Jack Kelly of American National Life Insurance Company also agrees that meters be con- sidered fortheir property at 621 South College. It is also requested that one of the meters be of the fifteen minute variety. Regards, /s/ Ron Sitzman - Tenant & Owner Sit::manfs Bakery C. R. Buechner - Tanant Chuckb Camera Center Motion was made by Councilman McMillan, seconded by Councilman Colwell, that the request be referred tot he City Manager for investigation and recommendation. Roll was call- ed resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Guyer and Council- woman Quinn. Nayes: None. The President declared the motion adopted. A right of way agreement for a footbridge across the Sherwood ditch on Stover Street was presented for action. Motion was made by Councilman Colwell, seconded by Council- man Johnson, that the right of way agreement be accepted and the City Clerk and Mayor be authorized to execute the same. Roll was called resulting as follows: Ayes: Councilmen hhson, Colwell, McMillan, Guyer and Councilwoman Quinn. Nayes: None. The President clared the motion adopted. The following request was presented and read at length: t 20, 1964 ity of Fort Collins 300 LaPorte Avenue Fort,Collins, Colorado ttention: Water Department entlemen: uest permission to install a 2" water tap at the Montview Apartments north of Columbine rt. ery truly yours,. sl Stanley R. Kyrklund 1100 Columbine Court 24 Unit Apartment House After discussion, motion was made by Councilwoman Quinn, seconded by Councilman Colwell, that this request for a 2" water tap be granted. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Guyer and Councilwoman Quinn. Nayes None. The President declared the motion adopted. The plat of the Fairview "West" Subdivision was presented to the Council for approi 1. The following communication was presented and read at length: August 25, 1964 0: Fort Collins City Council ROM: The Planning and Zoning Board UBACT: Fairview West Subdivision Plat 520 On June 2, 1964, the Planning and Zoning Board considered the above plat and approved it subject to monor changes. These changes have been incorporated on the plat and it is submitted for your consideration. - The agreement and plats for street improvements and utility line installation are approved and on file. Respectfully submitted, /s/ Gene Allen Secretary Motion was made by Councilwoman Quinn, seconded by Councilman Guyer, that the recommendations of the Planning and Zoning Board be accepted and the Subdivision Plat be approved. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Guyer and Councilwoman Quinn.. Nayes: None. The President declared the motion adopted. The following petition was presented and read at length: August 27, 1964 Members of the City Council Fort Collins Colorado Dear Sirs: We. the undersigned parents, who have children attending Barton and/or Lesher Junior High Schools, request that: An adequate footpath be provided on the section of Stover Street -lying between Stuart and Prospect. - This desibnated section is unpaved with only a narrow sidewalk part of the way on the west side of the road. The sidewalk, besides being below street level in one area, ends just south of an open, unfenced culvert at Spring Creek. Because it is not wide enou to accommodate bicycle riders and/or pedestrians the children use the center of the road., thereby producing a traffic hazard. The weeds at the present time enshroud the sidewalk on either side. The road itself is almost impassable to cars during wet weather and impossible for children to cross. Thea bove situations, besides offering an inconvenience, present a definite hazar to the safety of our children. The Council's consideration of this problem would be appreciated. Dr. & Mrs. *a. Lumb Dr. & Mrs. George G. Olson Dr. & Mrs. C. T. Collopy Dr. & Mrs. John A. Modrick Dr. & Mrs. Charles 0. Neidt Dr. & Mrs. Byrd Curtis Mr. & Mrs. James E. Campbell Mr. & Mrs. Sherman �'omstock Mr. & Mrs. Chas E. Ramsey Dr. & Mrs. V. A. Miller Dr. & Mrs. Donald Y. Beard Mr. & Mrs. D. H. Niewald Mr. & Mrs. Arnold Forgerson Mr. & Mrs. Glen Gausman Martin C. Coker Elsie L. Coker Mr. & Mrs. Vernon Warren Mr. & Mrs. J. A. Banghart Mr. & Mrs. D. H. Grover Mr. & Mrs. Sid Anders Mr. & Mrs. Kenneth Dolphin Mr. & Mrs. Eldon W. Kienholz Mr. & Mrs. Stanley Ahmann Mr. & Mrs. Vujica Yevdjevich Dr. & Mrs. 0. R. Adams Mr. & Mrs. Leonard Klassen Dr. & Mrs. A. W. Hermann Mr. & Mrs. Jack Hebbelr. Air. & Mrs. Glenn Chandler Mr. & Mrs. Jerry Soukup Mr. & Mrs. Robert 0. Fugate Mr. & Mrs. L. V. Baldwin Dr. & Mrs. James I. 'prague Mr. & Mrs. Madk Olsen Mr. & Mrs. Robert S. Everiti Mr. & Mrs. A. McCoy Mr. & Mrs. Weldon Phipps Mr. & Mrs. Sam Berry Mr. & Mrs. Mel Johnson' Mrs. H. V. Lumb was present and explained the request contained in the above petition more in detail and requested remedial action as soon as possible. Motion was made by Coun ilwoman Quinn, seconded by Councilman McMillan, that the petition be referred the City Manager. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwel McMillan, Guyer and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The following application was presented and read at length: Application of a Non -Resident for a Temporary Revocable Permit to Take Sewer from the Fort Collins, Colorado System of Sewer Works. TO THE CITY MANAGER OF THE CITY OF FORT COLLINS, COLORADO: The undersigned, owner of the following described property adjacent or close to but not within the corporate limits of the City of Fort Collins, Colorado, to -wit: Beginning at the NE corner of Section 10, Township 7 North, Range 69 West of the 6th P.M., thence W. 1331.5 feet,ithence S. 0'301 E. 1000 feet to the point of beginning, thence S. 89055'15" W. 340 feet ; thence S. 9°30' E. 327.63 feet, thence N. 89055115" E. 340 feet to the SE corner of the NW4 of the NE.1 of Section 10, Township 7 North, Range 69 West of the 6th P.M., thence N. 100 feet thereof and except rights of way for roads, ditches and utili 521 easements as now constructed. does hereby respectfully petition the City of Fort Collins for permission to tap the Fort Collins Sewer Works distribution main at Franklin St. & Cherry St. -- 4" sewer tap. Dated at Fort Collins, Colorado, this 21st day of August, A. D. 1964. /s/ Mrs. Otto J. Pierce Otto Pierce Motion was made by Councilwoman Quinn, seconded by Councilman Colwell, that this tap be approved and the matter be referred to the City Attorney to prepare an agreement in referenct to annexation proceedings. Roll was called resulting as follows: Ayes. Council- men Johanson, Colwell, McMillan, Guyer and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The following petition was presented and read at length: August 19, 1964 The Honorable Mayor and City Council Members City Hall Fort Collins, Colorado Request for diagonal parking We, the undersigned property owners request change from parallel to diagonal parking along the West side of the 600 block Smith Street for reason of providing additional parking. L. Jack Rutt - 629 Smith St. Harry Webster - 635 Smith Mrs. Floyd E. Brown - 526 E.. Laurel George:E.:,Mauk-- 609 Smith Wayne A. Wagner - 621 Smith Chas M. Drage - 613 Smith Clyde W. Peterson - 615-617 Smith St. tion was made by Councilman McMillan, seconded by Councilwoman Quinn, that the matter be referred to the City Manager for investigation. Roll was called resulting as follows: Ayes: ;ouncilmen Johnson, Colwell, McMillan, Guyer and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The following communication was presented and read at length: Ft. Collins, Colo. Aug. 18, 1964 • Weiss, City Engineer . Collins, Colo. ar Sir: I have a parking problem which I would like investigated. Since I live in a dead end circle I would like permission to continue parkin diagonally, as it in no way interferes with traffic. No more than two cars can park, parallel, without interfering with the driveway on either side of the house. Sincerely Yours, Mrs. H._H. Pike 20 Circle Drive Motion was made by Councilman Johnsonk seconded by Councilwoman Quinn, that the mat per be rererred tot he City Manager for investigation. Roll was called resulting as follows, C6undrimd6eJahtison;.C5lw6.113;.:MdMi�lldnp:;Gdyer and Councilwoman Quinn. Nayes : None. he President declared the motion adopted. The City Attorney advised the Council that the memorandum of agreement between the oudre Valley Fire District and the City of Fort Collins had finally been accepted and axe- uted by the Fire Protective District and was presented for filing. The following resolution was presented and read at length: RESOLUTION THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING A CERTAIN TRAFFC REGULATION RECOMMENDED THE TRAFFIC ENGINEER IN ACCORDANCE WITH THE PROVISIONS OF THE TRAFFIC ORDINANCE WHEREAS, on the 7th day of November, 1964, the Traffic Engineer recommended to the ity Council that certain traffic regulations be adopted, and 522 August 27 1964 WHEREAS, on said date the City Council by resolution approved and adopted said traffic regulations, and WHEREAS, the Traffic Engineer has recommended a certain change in said regulatio and the City Council desires to approve the same, and WHEREAS, Section 23-24 (a) provides that "except where angle parking is permitted by local ordinance ...., every vehicle stopped or parked upon a roadway where there is an adjacent curb shall be so stopped or parked with the right hand wheels of such vehicle par- allel with and within twelve (12) inchesofthe right-hand curb," and WHEREAS, to aid and assist the flow of traffic the City Council has determined that permitting of angle parking in accordance with the provisions of Section 9 of said resolution of November 7, 1963, on Mulberry Street, "on the South side from Howes Street East to first alley beyond Mason Street and in the 300 block of West Mulberry Street on the South side in the East half of the block" should be discontinued and no longer required. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the resolution of November 7, 1963, pertaining to traffic regulations be and it is hereby amended by deleting from Section 9 of said resolution the above -quoted portion thereof per- taining to angle parking being required on Mulberry Street. BE IT FURTHER RESOLVED that the Traffic Engineer be and he is hereby instructed tc remove the signs on said portions of Mulberry Street requiring diagonal parking, and BE IT FURTHER RESOLVED that vehicles stopping or parking on the above -mentioned portions of Mulberry Street be stopped or parked in accordance with the above-quioted pro- vision of Section 23-34 (2) of the Code of Ordinances of the City of Fort Collins, Colorado Passed and adopted at a regular meeting of the City Council held this 27th day of August, A. D. 1964. ATTEST: /s/ Miles F. House City Clerk yor G. Johnson Motion was made by Councilman McMillan, seconded by Councilwoman Quinn, that this resolution be tabled until the next meeting of the City Council on September 3, 1964 and the City Clerk be instructed to publish a notice of hearing on the matter as provided in said resolution. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell; McMillan, Guyer and Councilwoman Quinn. Nayes: None. The President declared the motion adooted. Motion was made by Councilwoman Quinn, seconded by Councilman Guyer, that the Council adjourn. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell; McMillan, Guyer and Councilwoman Quinn. Nayes adopted and the Council adjourned. ATTEST: y pier None. The President declared the motion