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MINUTES OF A REGULAR MEETING OF THE COUNCIL OF THE CITY OF FORT COLLINS, Held
Thursday, December 24, 1970, at 1:30 o'clock P.M.
Present: Councilmen Carson, Troxell; Lopez and Kruchten. City Manager Coffey,
City Attorney March and Director of Public Works Liquin. Absent: Councilman Chilton, excused
Motion was made by Councilman Lopez, seconded by Councilman Troxell, that the reading
of the minutes of the last regular meeting held December 17, 1970, be dispensed with. Roll was
called resulting as follows: Ayes: Councilmen.Carson, Troxell, Lopez and Kruchten. Absent:
Councilman Chilton, excused. Nayes: None. l The Mayor declared the motion adopted.
The following proclamation was presented and read at length:
WHEREAS, THE CIVIC BODIES AND SERVICE organizations of our community and the
departments of THE- local government recognizethe great service rendered to this community by
the Fort Collins Jaycees and the Poudre R-1 School District; and
WHEREAS, the Fort Collins Jaycees and the Adult Vocational Education Department
of the Poudre R=1 School District recognize the need for an Adult Educational course in Drugs
and Narcotics; and
WHEREAS, the Fort Collins Jaycees and the Poudre R-1 School District have estab-
lished such a course to begin January 5, 1971 and end March 2, 1971. .
THEREFORE, I, Karl E. Carson, Mayor of the City of Fort Collins, do hereby proclaim
the months of January through March, 1971, as Adult Educational months on Drugs and Narcotics
and urge all adults of our community to avail themselves of this opportunity to participate
and acquaint themselves with this program.
Dated at Fort Collins, Colorado,this 24th day of December,1970.
/sl Karl E. Carson
Mayor
Prizes for the Christmas home lighting contest conducted by the Jaycees were presenter
to
First -Prize Edmund Shulz, 710 Mathews $SO Savings Bond
Second Prize Gary Case, 900 Smith $25.00 Savings Bond
Third Prize David & Bob Kaapke, 2509 Plum $15.00 Savings Bond
Fourth Prize Joseph Clark,1308 Luke
Fifth Prize Harvey Hadway, 1305 Lynwood
The following ordinance was presented on second reading:
ORDINANCE NO. 77, 1970
BEING AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF FORT COLLINS BY CHANGING THE
ZONING CLASSIFICATION FOR CERTAIN PROPERTY
Motion was made by Councilman Kruchten, seconded by Councilman Troxell, that this
ordinance be adopted. Roll was called resulting as follows: ,Ayes: Councilmen Carson,
Troxell, Lopez and Kruchten. Absent: Councilman Chilton, excused. Nayes: None.' The
Mayor declared the motion adopted.
The following ordinance was presented on, second reading:
ORDINANCE NO. 78, 1970
BEING AN ORDINANCE AMENDING, SECTION 19-42.7 (4) OF THE CODE OF ORDINANCES OF THE CITY OF
FORT COLLINS, COLORADO, 1958, AS AMENDED, RELATING TO THE USE OF BARBED WIRE, SHARP POINTED
FENCES AND ELECTIRCALLY CHARGED FENCES AS PERMITTED UNDER THE CITY ZONING ORDINANCE
Motion was made by Councilman Troxell, seoonded by Councilman Lopez, that Ordinance
No. 78,1970, be adopted.Roll was -called resulting as follows: Ayes: Councilmen Carson,
Troxell, Lopez and Kruchten. Absent: Councilman Chilton, excused. Nayes: None. The
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The following ordinance was presented on second reading:
ORDINANCE NO. 79, 1970
BEING AN ORDINANCE AMENDING CHAPTER 19 OF THE CODE OF ORDINANCES OF THE CITY OF FORT COLLINS,
COLORADO, .958, AS AMENDED, CO.LNPKINLY KNOWN AS THE ZONING ORDINANCE ADD CL4SSIFYIAG FOR ZONING
PURPOSES THE PROPERTY INCLUDED IN THE STOVER ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO
Motion was made by Councilman Kruchten, seconded by Councilman LOpez, that Ordinance
No. 79, 1970, be adopted. Roll was called resulting as follows: Ayes:
Troxell, Lopez and Kruchten. . Absent: Councilman Chilton, excused.
Mayor declared the motion adopted.
The following ordinance was presented on second reading:
Councilmen Carson,
Nayes: None. The
ORDINANCE NO. 80,1970
BEING AN ORDINANCE AMENDING SECTION 1-15 OF THE CODE OF ORDINANCES OF THE CITY OF FORT
COLLINS, COLORADO, 1958, RELATING TO THE SALARY TO BE PAID THE CITY MANAGER
Motion was made by Councilman Lopez, seconded by Councilman Troxell,that Ordinance
No. 80,1970, be adopted. Roll was called resulting as follows: Ayes: Councilmen Carson,
Troxell, Lopez and Kruchten. Absent: Councilman Chilton, ex cused. Nayes: None. The
Mayor declared the motion adopted.
The following ordinance was presented on second reading:
ORDINANCE N 0. 81, 1970
BEING AN ORDINANCE AMENDING SECTION 1-16 OF THE CODE OF ORDINANCES OF THE CITY OF FORT
COLLINS, COLORADO, 1958, AS AMENDED, RELATING TO THE SALARY TO BE PAID THE CITY ATTORNEY
Motion was made by Councilman Troxell, secon ded by Councilman Kruchten, that
Ordinance No: 81, 1970, be adopted. Roll was called resulting as follows: Ayes: Councilmen
Carson, Troxell, Lopez and Kruchten. Absent: Councilman Chilton, excused. Nayes: None.
The Mayor declared the motion adopted.
The following ordinance was presented on second reading:
ORDINANCE NO. 82, 1970
BEING AN ORDINANCE AMENDING SECTION 1-17 OF THE CODE OF ORDINAN CES OF THE CITY OF FORT
COLLINS, COLORADO, 1958, AS AMENDED, RELATING TO THE SALARY TO BE PAID THE MUNICIPAL JUDGE
s
Motion was made by Councilman Lopez, seconded by Councilman Kruchten, that Ordinance
No. 1970, be adopted. ,.Roll was, called resulting as follows: Ayes: Councilmen Carson,
Troxell, Lopez and Kruchten. Absent: Councilman Chilton, excused. Nayes; None. The
Mayor declared the motion adopted.-
The following resolution was presented and read at length:
RESOLUTION
OF THE COUNCIL OF THE CITY OF FORT COLLINS TRANSFERRING FUNDS BETWEEN APPROPRIATIONS.
WHEREAS,und er the Section 15, Article V of the City Charter, the Council of the
City of Fort Collins is authorized to transfer funds between appropriations by resolution; and
WHEREAS, the Director of Finance has recommended that funds in the amoun t of
$2,300..00 be transferred from the following Water Fund appropriation accounts:
AAministration and Billing $2,300.00
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Water Treatment $2,300.00
Whereas, the Director of Finance has recommended that funds in the amount of
$18,000.00 be transferred from the following Sewer Fund appropriation accounts:
Sewer Trunk and Collection $18,000.00
to the following appropriation accounts:
Sewer Capital Improvement $18,000.00 .
WHEREAS, the Director of Finance has recommended that funds in the amount` of
$488,700.00 be transferred fromthe following Light and Power Fund appropriation accounts:
Production $ 78,700.00,
Distribution 110,000.00
Light and Power Capital 300,000.00
to the following appropriation account:
Light $ Power Transfers $ 488,700.00
NOW,THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the
Director of Finance be and he hereby is.authorized to transfer funds herein above designated.
Passed and adopted at a regular meeting of the City Council held on the 24th day of
December, A. D. 1970.
/s/ Karl E. Carson
Mayor
ATTEST:
/s/ John Bartel
City Clerk
Motion was made by Councilman Kruchten, seconded by Councilman Lopez, that this
resolution be adopted. Roll was called resulting as follows: Ayes: Councilmen Carson,
Troxell, Lopez and Kruchten. Absent: Councilman Chilton, excused. Nayes: None. The
Mayor declared the motion adopted.
The following ordinance was presented as an emergency ordinance and read at length:
ORDINA
BEING AN ORDINANCE APPROPRIATING THE SUM OFF $147,r525.00 OUT OF7SURPLUS IN'.THE GENERAL FUND
AND THE SUM OF $22,300.00 OUT OF SURPLUS INTHE EQUIPMENT FUND TO BE EXPENDED IN THE FISCAL
YEAR 1970 AND DECLARING AN EMERGENCY
Motion was made by Councilman Troxell, seconded by Councilman Lope;,that Ordinance
No. 84, 1970, be adopted:- Roll was called resulting as follows: Ayijs: Councilmen
Carson, Troxell,.Lopez and.Kruchten. Absent: Councilman Chilton, excused. Nayes: None.
The Mayor declared the motion adopted:
The following :rzport 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: Loader=Backhoe Combination
Bids have been received and eialuated covering consideration for purchase of a tractor loader
backhoe combin ation unit.
A bid tally sheet and analysis is attached
Mr. Warre"n Dalke, Superintendent of transmissio n and distribution, has evaluated the bids.
The recommendation is that Michael Equipment be awarded the contract in the amount of
$9,125.00.
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Respectfully submitted,
/s/ E. M. Kuppinger
Purchasing Agent
Motion was made by Councilman Kruchten, seconded by Councilman Lopez , that
the recommendation of the Purchasing Agent be accepted. Roll was called resulting as follows:
Ayes: Councilmen Carson, Troxell, Lopez and Kruchten. Absent: Councilman Chilton,
excused.: Nayes: None. The Mayor declared the motion adopted.
The following report 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: Mobile Hydraulic Hammer
Bids have been received and evaluated covering con sideiation for purchase of a mobile
hydraulic hammer.
A bid tally sheet is attached.
Mr..Warren Dalke; Supt. of Transmission and Distribution, has evaluated the bids.
The recommendation is that Empire Equipment Company be awarded the contract in the amount of
$9,960.14.
Respectfully submitted,
/s/ E. M. Kuppinger
Purchasing Agent
Motion was made by Councilman Lopez, seconded by Councilman Troxell, that the
ted. Roll was called resulting as follays:
recommendation of the Purchasing Agent be accep
Ayes: Councilmen Carson,'Troxell', Lopez and Kruchten. Absent: Councilman Chilton, excused.
Nayes: None. The Mayor declared the motion adopted.
The following report was presented and read at length:
December 21, 1970
TO: Tom Coffey, City Manager
FROP1: Ralph M. Smith, Chief of Police
wner") - Applicant for Retail Fermented Malt Beverage License —
SUBJECT: Mary.Alice Briggs (.O
Change of Ownership-- Seven Seas Cellar,'181 North College Avenue, Fort Collins,
Colorado.
Sir:
On December 8, 1970, the abov a listed subject submitted an application for a malt liquor
wnership. On December 21, 1970, this Department initiated
license, and for a change of o
an investigation into the background of applicant.
The following is a resume'.of the investigation.
PERSONAL HISTORY:
Mary Alice Briggs was born in Fort Collins, Colorado, on October 8, 1930. She: attended
schools in the Fort Collins area. She has three minor children.
Seas Cellar and Cafe for the past nine (9) years.
Mary Alice Briggs has helped manage the Seven
She has lived at her present address for the past fifteen and one=half (15 1/2) years.
li Mary Alice Briggs has no record of being arrested by this department.
RECOMMENDTIION:
This Officer can discover no legal basis to recommend denial of a license to the applicant.
Respectfully submitted,
/d/ Dan E. Eychner
Assistant Chief of Police .
-- -
Motion was made by Councilman Kruchten, seconded by Councilman Lopez, that this
application and change_of ownership be approved. Roll was called resulting as follows:
Ayes.: Councilmen Carson, Troxell, Lopez and Kruchten. Absent: Councilman Chilton, excused.
Nayes: None. The Mayor declared the motion adopted.
The application of Warren B.. Miller dba N $ R Bar,.201 Linden Street, for renewal
of a Fermented Malt Beverage License, to the City and State, was presented. The following
report was presented and read at length:
December 24, 1970
TO: Tom Coffey, City Manager
FROM: Ralph M. Smith, Chief of Police
SUBJECT: N $ R Bar - Application for Renewal of Fermented Malt Beverage License.
Sir:
h
I am aure you are aware, the N & R Bar's license was suspended for thirty (30) days beginning
on the 21 day of August, 1970. At the same time their pinball machine license was revoked
un til November.
Since their license has been reinstated no additional complains have reached this office.
I have checked with the. Juvenile Division, and find that they have received no complaints
regarding this establishment selling beer to minors.
I know of no reason why this license should not be renewed.
Respectfully submitted,
/s/ Ralph M. Smith
Chief of Police
After discussion, motion was made by Councilman Lopez, seconded by Councilman
Kruchten, that this license be approved. Roll was called resulting as follows: Ayes:
Councilmen Carson, Troxell, Lopez and Kruchten. Absent: Councilman Chilton, excused.
! _ Nayes: None. The Mayor declared the motion adopted.
by an employee of the City
The City Manager stated that fiber glass vaults were invented and patented,/ that they
were manafactured only in Commerce City, Colorado. He stated that the City needed 20-3!x6';
'36 - 18" x s 1/21; 36 - 3' x 5 1/21; and 60-35" long supports and asked permission to purchase
these without bids, stating that the cost would be $5,409.00. Motion was made by Councilman
Troxell, seconded by Councilman Kruchten, that the City Manager be authorized to, purchase
these vaults. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell,
Lopez and Kruchten. Absent: Councilman Chilton,.excused. _ Nayes: None The Mayor
declared the motion adopted.
The following memorandum was presented and read at length:
December 23, 1970
MEMORANDUM
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TO: Tom Coffey, City Manager
FROM,: Stan Case, Director of Utilities
SUBJECT: Equipment Bids
In addition to the bids going before Council today for equipment for Light and
Power, we also elected to reject all .lids received on specifications for a trencher.
During the bid process on this item, the manufacturers offered to demonstrate their equip-
ment and provisions for such a demonstratiomaere made even though this was not a requirement
of the specifica.tions.
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During the demonstrations, in very rough digging conditions on the east end of the
warehouse lot, all equipment failed except that of one manufacturer who was demonstrating_
a heavy-duty machine exceeding our original specification. The Light and Power Department,
as well as the bidders and the Purchasing Agent, were in agreement that all bids should be
rejected and that the specifications should be rewritten before readvertising calling for a
heavy-duty trencher.
I would like to have the Council aware of the action taken, for this was a line
item in the 1S70 budget and was not included in the 1971 budget. The decision to readvertise
will cause this to be an obligation against the 1971 budget, while the funds were actually
budgeted in 1970.
/s/ Stan Case
After discussion, motion was made by Councilman Troxell, seconded by Councilman
Kruchten, that the report of the Director of Light and Power be accepted. Roll was called
resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez and Kruchten. Absent:
Councilman Chilton, excused. Nayes: None. The Mayor declared the motion adopted
The City Manager stated he had made application to the Federal Water Pollution
Control for a grant for $5,7000 , and was advised by telephone that this would be granted.
He stated that bids will be advertised for within the next week.
Mr. Mike DeTullio, Assistant City Manager, reported on the recruiting drive
which was carried on by himself, Chief Smith of the Police Department and Chief Yonker of the
Fire Department. He stated they went to 5 cities in Southern Coloradoand discussed with those
interesed concerning employment with the City of Fort Collins. He stated there were 10 or
12 Mexican -Americans showed enough interest to come down and talk to us and if they do come
down and take the ..examinations we will realy feel successful. He stated those that did
show up were of a good educational quality, that he felt the trip was a success and will know
more,about this after the 6th of January. Chief Yonker stated that the area where we got the
-most information was the employment manager, that they were not welcome in a few places. He
stated that 90% just returned from the service, that they are out of a job and if do not find
one, will probably go back into service. He stated they were thankful to be back in Fort
Collins. Mr.. DeTullio stated he felt information to each city had very good advertising
concerning the rules of employment which are 21 to 35 years of age, highschool education or the
equivalent, and these rules were put -out in each community. He stated they were thankful
for the employment agency in that they provided interviewing rooms for us and did everything
f possible for us. That the people in that part of the country had a different attitude.
Mayor Carson stated that Fort Collins is a cheice city and hope that maybe next
year we will be able to employ some of these high quality people.
Councilman Lopez stated that he was very pleased to see Fort Collins go out and
try to hire Mexican -Americans, that the proof of the pudding is whether we can, that this will
generate a great deal of interest right here in Fort Collins and that maybe next year we will
not have to go outside.
The following communication was presented:
1305 Yount
December 22, 1970
_ t
Gentlemen:
The undersigned are the occupants and the owner respectively of
j property located at 1305 Yount in Fort Collins, Colorado. The house was
purchased in August of 1967.
Since the purchase of the house, the sewer $has backed up
approximately seven or eight -times, covering the basement floor with sewer
j' water and causing damage and expense.
I
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We have made considerable effort and expended money in trying to
determine and solve the problem. By investigation we have determined that
the problem is not in the sewer line between our property line and the house.
We were told by tor. Hilgenburg from the City that if we put in a manhole the
City would then flush the sewer periodically and try to correct the problem,
and it is our understanding that he thought there was not enough fall in the -
sewer line leading directly to our property. Exhibit A attached hereto shows
our property and the other residences which are served by a City sewer line
upon an easement.
At our expense, manhole no. 2 was installed and in the past the
City has flushed the sewer line through it. This has not solved the problem.
The sewer has continued to back up. Recently we had surveyor James H, Stewart
Associates take somegradeshots on this sewer.- As we understand the"results,
from manhole 2 to manhole 1, there is 11.64 inches of fall. This would seem to
be.adequate_fall for the line.
By looking into manhol.c no. 2, one can see water standing in the
sewer line, bui tbare'is no water standing in the line at manhole no. 1.
We believe this indicates a sway or dip in the line. Also, in the course of
ran a rod the full length of the line from
investigation Roto Rooter Service
manhole no. 2 to manhole no. 1. The absence of any obstructions indicates
jthere are no tree roots or other foreign material obstructing the line. After
Roto Rooter ran the rod through the line, there was still water standing in
I rther indication that there is a sway in
the line. This we believe is a fu
I the sewer line.
i To date, we estimate that for cleaning alone after the back up of
sewage water, we have expended between $300 and $400, plus the basement walls
are in need of repainting because of water damage; and tile on the basement
floor is peeling. Until the situation is corrected, there is a diminution in
the market'value of the property.
It is our belief that the City of Fort Collins is responsible to
maintain, repair and correct any deficiencies that exist between manhole no. 1
and manhole no. 2. We respectfully request that corrective action be taken
as soon as possible and that we have a written indication that such action
will be taken promptly at the City's expense.
i Would you kindly review the situation and advise us of your
it intentions in writing prior to January 8, 1971. 'Because we cannot allow
the problem to continue, we will take further action if some reasonable
•.� solution is not reached promptly.
Very truly yours,
4Roert Weaver, Occupant
Annelle Weaver, Occupant
i PAT GRbxecg
FFIN CO
L.
esident
This, matter was referred to the City Attorney.
Mayor Carson wished all employees of the City, the Press and citizens,,a Merry
Christmas and a Happy New Year and stated that the next meeting of the Council would be in 1971..
He stated 1970 has been a successful year in our growth and planning due to all the talent we
have here;
Motion was made by Councilman Troxell, seconded by Councilman Lopez, that the
Council adjourn. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell,
Lopez and Kruchten. Absent: Councilman Chilton, excused. Nayes: None. The Mayor
declared the motion adopted, and the Council adjourned.
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