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HomeMy WebLinkAboutMINUTES-09/23/1965-Regular408 MINUTES OF A REGULAR MEETING OF THE COUNCIL OF THE CITY OF FORT COLLINS, Held Thursday, September 23, 1965, at 1:30 o'clock P.M. Present: Councilmen Johnson, Carson, McMillan, Bennett and Eouncilwoira ❑ Quinn. Acting City Manager Case, City Attorney March and City Engineer Fischer. Motion was made by Councilman Carson, seconded by Councilman Bennett, that the reading of the minutes of the last regular meeting held September 16, 1965, be dispensed with. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. Mr. Harold Breen of the Fort Collins youth program, spoke to the Council in reference to the City furnishing locations for 21 more baseball diamonds. He said that th was necessary to take care of the youth baseball program. The Council advised him that th would take his proposal under consideration and that the matter be referred to the Acting City Manager and H. R. Phillips, Director of the Recreation, to make a report of same to the Council. The following ordinance was presented on second reading: ORDINANCE NO. 44, 1965 BFTNG AF ORDINANCE AMENDING CHAPTER 19, CODE OF ORDINANCES OF THE CITY OF FORT COLLINS, COLORADO, 1958, AS AMENDED, commonly known as the zoning ordinance, CHANGING THE EAST 50 FEET OF LOT 8, ALL OF LOT 9, AND THE NORTH 85 FEET OF LOT 10, ALL IN BLOCK 146 IN THE CTTv OF FORT COILTNS, COLORADO, FROM "B" RESIDENTIAL DISTRICT TO "C" RESIDENTIAL DISTRICT Motion was made by Councilwoman Quinn, seconded by Councilman McMillan, that Ordinance No. 44, 1965, be adopted and become a law upon passage. Roll was caIled resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The following ordinance was presented on second reading: ORDINANCE NO. 45, 1965 BEING All ORDINANCE AMENDING SECTION 39 OF ORDINANCE NO. 17, 1965, RELATING TO THE SEWER UTTLITY AND CHARGES FOR THE USE THEREOF Motion was made by Councilwoman Quinn, seconded by Councilman Carson, that Ordinance No. 45, 1965, be adopted and become a law upon passage. Roll was called resultin as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. This being the date of the hearing of the Consolidated Street Lighting Improve- ment District No. 1, on the assessments as made by the City Engineer, the City Clerk advis- ed the Council that there had been no written protests presented. The following ordinance was presented on first reading: ORDINANCE NO. 47, 1965 BEING AN ORDINANCE ASSESSING THE COST OF IMPROVEMENTS IN CONSOLIDATED STREET LIGHTING IMPROVEMENT DISTRICT NO. 1 AND PROVIDING FOR THE PAYMENT AND COLLECTION THEREOF The Mayor asked if there were any persons present who had any objections to the ordinance as presented. There being none, motion was made by Councilman Carson, seconded by Councilman McMillan, that Ordinance No. 47, 1965, be considered favorably on first read- ing and ordered published this 23rd day of September, A. D. 1965, and to be presented for final passage on the 14th day of October, A. D. 1965. Roll was called resulting as follow Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. A plat of Section "N", Grandview Cemetery, was presented to the Council for approval. This plat is made up of grave spaces in the $40.00 class for indigent burials and indigent county burials. Motion was made by Councilman McMillan, seconded by Council- F 409 Carson, that this plat be approved as presented. Roll was called resulting as follows: . Councilmen Johnson, Carson, McMillan, Bennett and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The Acting City Manager presented the proposed budget for 1966. Motion was made y Councilman McMillan, seconded by Councilman Carson; that the budget be accepted for tudy and that a public hearing on said budget be held at 1:30 o'clock P.M. October 7, 1965, nd that the City Clerk be instructed to publish notice September 27, 1965, of said hearing o that the public generally may be advised. Roll was called resulting as follows: Ayes: ouncilmen Johnson, Carson, McMillian, Bennett and Councilwoman Quinn. Nayes: None. The resident declared the motion adopted. Mr. W. H. Allen appeared before the Council in reference to an addition to be ade to a filling station building at College Avenue and Arthur Drive. The Company wishes o attach the proposed building to the present filling station and said building will not be sed for filling station purposes. In attaching same to the present filling station build - rig, one wall of said building will be removed to provide access to the building. After iscussion, motion was made by Councilman Carson, seconded by Councilwoman Quinn, that this equest be granted with the provision that this addition will not be used for filling sta- icn purposes and that a protective covenant to this affect be filed before a permit is nted. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan nnett and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The Council now took up the continuation of the hearing on the new Planning and ning Ordinance. Mr. Trafton bean was present and explained the few changes made in the proposed rdihance since the September 13th meeting. The Mayor opened the meeting for further dis- ussion on the proposed ordinance and Mr. W. H. Allen spoke in reference to the BL zoning n that portion of Thunderbird Estates, situated at the SE corner of Drake Road and South ollege Avenue. He stated that this was not in line with the business zone which is not the City but is zoned general business by the County directly south and, inasmuch as nderbird Estates, Inc., on the property to the south of the proposed BL zoning, that his ontention was that the zoning should be changed to BG zone. Mr. L. G. Everitt spoke and supported Mr. Allen's request . Mr. Justus Wilkinson requested that the four corners at the intersection of Whedbe nd Garfield should remain in a business district instead of residential as the present zone "D" Commercial. Mr. D. C. Shomaker of the Colorado and Southern Railway Company, spoke in referenc o that portion of the railway siding which they purchased from the Great Western Sugar ompany and again requested that this be zoned "E" Industrial. He was advised that this arty had recently been annexed and would show the zoning as requested on the annexation tition. Mr. Bill Hansen appeared and spoke again requesting that the W2 of Block 6, L. C. Second Addition, be changed from RH to PB zone. Miles House, a property owner in Block 6, spoke opposing to any change from RH tying and stated that he represented the property owners in this block who had defended suit in the District Court for changing from a "C" Residential District to "D" Commercial strict. The Mayor stated that they would take each request as made and vote upon same. � AM The request of Mr. Justus Wilkinson for a change of zone at Whedbee and Garfield was considered. Motion was made by Councilman McMillan, seconded by Councilwoman Quinn, that this request for change be denied. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Councilwoman Quinn. Nayes: None. The President declared the motion adapted. The request of W. H. Allen and L. G. Everitt to change the zone of the property at the southeast intersection of Drake Road and South College from BL to BG, was consider- ed. Motion was made by Councilwoman Quinn, seconded by Councilman Johnson, that this chang be granted. Roll was called resulting as follows: Ayes: Councilmen Johnson, McMillan and Councilwoman Quinn. Nayes: Councilmen Carson and Bennett. The President declared the motion adopted. The request of Mr. Bill Hansen to change the Wz of Block 6, L. C. Moore Second Addition, from RH to BP, was considered. Motion was made by Councilman Bennett, seconded by Councilwoman Quinn, that the change from RH to BP be granted. Roll was called result- ing as follows: Ayes: Councilmen Johnson, McMillan, Bennett and Councilwoman Quinn. Naye Councilman Carson. The President declared the motion adopted. Mr. Gene Allen, Director of Planning and Zoning, requested that the portion east of the Rauch property, consisting of the/two acres, Tract 2, of the re -plat of Block 2, St. Vrain Subdivision, be changedf mm"E" Commercial to BP, the rest of the Rauch property to remain BG. Motion was made by Councilman Carson, seconded by Councilman McMillan, that this change be approved. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. This concluded the hearing and the following ordinance was presented on first reading: ORDINANCE NO. 46, 1965 BEING A COMPREHENSIVE ORDINANCE REGULATING AND RESTRICTING THE ERECTION, CONSTRUCTION, R7CONSTRITCTION, ALTERATION, REPAIR AND USE OF BUILDINGS, STRUCTURES AND LAND; THE MINIMUM AREA OF LOTS AND MINIMUM WIDTH OF LOTS; THE LOCATION OF BUILDINGS AND STRUCTURES ON EACH LOT; DIVIDING THE CITY OF FORT COLLINS INTO DISTRICTS FOR SUCH PURPOSES AND ADOPTING A MAP OF SAID ZONING DISTRICTS; PROVIDING FOR THE ADJUSTMENT, AMENDMENT, AND ENFORCEMENT THEREOF; PRESCRIBING PENALTIES FOR VIOLATION OF ITS PROVISIONS; AND REPEALING ALL ORDINANCES IN CON- FLICT THEREWITH. Motion was made by Councilman Carson, seconded by Councilwoman Quinn, that Ordi- nance No. 46, 1965, be considered published this 23rd day of September, A. D. 1965, and to be presented for final passage on the 14th day of October, A. D. 1965. Roll was called re- sulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The matter of the agreement between the City and Jack Rauch for the paving of Mathews Street, was brought up and 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 JOHN L. RAUCH WHEREAS, the City of Fort Collins desires to improve Mathews Street abutting the park owned by the `'ity in the Northwest Quarter (NWg) of Section 24., Township 7 North, Range 69 West of the 6th P.M., and WHEREAS, a portion of said street abuts on lands owned by John L. Rauch, who has agreed to pay his share of said improvement, and WHEREAS, an agreement has been prepared providing for said improvements and pay- ment'therefor, which agreement has been approved by the acting City Manager. ■ 411 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the temps and conditions of said agreement be and they hereby are accepted and approved; land BE IT FURTHER RESOLVED that the Mayor and City Clerk be and they hereby are auth- d and directed to execute said agreement for and on behalf of the City of Fort Collins. Passed and adopted at a regular meeting of the Council held this 23rd day of er, A. D. 1965. /a/ Harvey G. Johnson Mayor s F. House Motion was made by Councilman Carson, seconded by Councilwoman Quinn, that this solution be adopted. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The following resolution was presented and read at length: RESOLUTION OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING THE TERMS ON AN ELECTRONIC DATA PRO- CESSING CONTRACT TO BE ENTERED INTO WITH THE FIRST NATIONAL BANK IN FORT COLLINS AND AUTH- ORIZING THE CITY MANAGER TO EXECUTE SUCH CONTRACT WHEREAS, it is necessary that the City of Fort Collins obtain electronic computer processing, and WHEREAS, bids have been solicited for said purpose and the bid of The First ional Bank in Fort Collins has been accepted, and WHEREAS, said Bank has prepared a contract to be entered into ,covering the service o be performed by said Bank and the Payments to be made by the City for such services, and WHEREAS, said contract has been approved by the City Attorney and the Acting City and WHEREAS, it is the opinio-n of the City Council that it will be for the best inter- ts of the City of Fort Collins to enter into said contract. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the of the electronic data process ng contract between the City of Fort Collins and V1ae National Bank in Fort Collins be and the same hereby are approved. BE IT FURTHER RESOLVED that the Acting City Manager and City Clerk be and they reby are authorized and directed to execute sail contract for and on behalf of the City of rt Collins. Passed and adopted at a regular meeting of the Council held this 23rd day of Sept - A. D. 1965. Mile /s/ Harvey G. Johnson Mayor Motion was made by Councilwoman Quinn, seconded by Councilman Bennett, that this esolution be adopted. Roll was called resulting as follows: Ayes: Councilmen Johnson, arson, McMillan, Bennett and Councilwoman Quinn. Nayes: None. The President declared the ion adopted. The following resolution was presented and read at length: RESOLUTION THE COUNCIL OF THE CITY OF FORT COLLINS APPOINTING J. THOMAS COFFEY, AS CITY MANAGER AND ECTOR OF THE FOLLOWING DEPARTMENTS: AVIATION, FIRE, HEALTH, AND POLICE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS: That J. Thomas Coffey be and he is hereby appointed City Manager of the City of t Collins, Colorado, and Director of the following departments of the administrative nch of the City government, to -wit: Aviation, fire, health and police•. The effective date of the within appointment shall be October 1, 1965, and such ointment shall be for an indefinite term, and such appointment shall be subject to all 41 provisions of the City Charter and the ordinances of the City of Fort Collins which are now in effect or as may be duly adopted during the term of such appointment. The salary to be paid said J. Thomas Coffey shall be such salary as may �e from time to time provided for by ordinance for the City Manager with the initial salary`to be $15,000.00 per annum and with the City of Fort Collins from his present location. BE IT FURTHER RESOLVED that by acceptance of the within appointment, said J. Thomas Coffey agrees to give the City of Fort Collins at least 30 days notice in the event said J. Thomas Coffey terminates his employment as City Manager. Passed and adopted at a regular meeting of the Council held this 23rd day of September, A. D. 1965. Isl Harvey G. Johnson Mayor ATTEST: /s,l Miles F. House City Ulerk Motion was made by Councilman Carson, seconded by Councilwoman Quinn, that this resolution be adopted. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The following ordinance was presented on first reading: ORDINANCE NO. 48, 1965 BEING AN ORDINANCE AMENDING SECTION 1-15 OF THE CODE OF ORDINANCES OF THE CITY OF FORT COLLINS, COLORADO, 1958, AS AMENDED RELATING TO THE SALARY TO BE PAID THE CITY MANAGER BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. That Section 1-15 of the Code of Ordinances of the City of Fort Collins, Colorado, 1958, as amended, be amended to read as follows: "Section 1-15, Salary - City Manager. The salary to be paid the City Manager shall be $15,000.00 per annum payable in monthly installments of which sum $6,500.00 shall be charged to the City of Fort Collins Division of Electric Light and Power, $2,166.67 to the City of Fort Collins Division of Water and $6,333.33 to general government expenses. In addition thereto, said City Manager shall be furnished an automobile for his use since said City Manager is subject to call 24 hours per day and said City Manager shall receive $1,000.00 for travel and conference expenses for attending professional meetings." Section 2.. The effective date for the change in the above salary shall be October 1, 1965. Introduced, considered favorably on first reading and ordered published this 23rd day of September, A. D. 1965, to be presented for final passage on the 14th day of October, A. D. 1965. /s/ Harvey G. Johnson Mayor ATTEST /s/ Miles F. House City Clerk Motion was made by Councilman. McMillan, seconded by Councilman Carson, that Ordinance No. 48, 1965, be considered favorably on first reading and ordered published this 23rd day of September,. A. D. 1965, to be presented for final reading on the 14th day of October, A. D. 1965. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The City Attorney advised the Council that Mr. Victor A. Gilsdorf who owns 108 acres of ground in the Fourth College Annexation, desires to sell the water on this proper- ty which consists of 412 shares of Pleasant Valley and Lake Canal and 12 acre feetof Horse - tooth water. Motion was made by Councilman Bennett, seconded by Councilwoman Quinn, that the City proceed to purchase the water and the City Attorney be authorized to prepare an agreement for same.. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Councilwoman Quinn. TVes: None. The President declared the motion adopted. 7 41 The following communication September 23 19 was presented and read at length: Stanley R. Case, Acting City Mana September 23, 1965 Williaject: Streetm]Light1Maintenance*Tddows SuptTranruck smission & Distribution Reference is made to nbreceived onSeptember didgen used in Street Light Maintenancee a a comparision features as set forth inoral 14, 1965, for a truck to be our Specifications. call service. Attached is a listing of pecifications. We believe the bids of Holan and Winter Weiss to be too high for consideration. Tof mpan eouivalentandbsimilar Kexcept innmthese nt oitems.and Jacobs Equipment Company appear to be 1. The Jacobs Equipment Company states the boom on their truck is made of solid rOdtheofreelendso£ this wood booextended approTi mately 15 feet and a man, with his tools, is at m. We are not convinced this is proper construction for the at safety of equipment to purchase for this work. 2. The Kerr Equipment Company offers a boom made of epoxy impregnated fiber lass which we claim is much more stable than a boom made from solid red wood. The Kerr bid is not the low bid, being $67.75 higher than the bid of Jacobs Equipment Company. 3. We have been informed by Jacobs Equipment Company that replacement parts for the 'ti-Way boom truck are not stocked in Denver but at the factory in Stoughton, Wisconsin. ;de do not expect this type of tool to break Requently, but when it does break, speed in retting replacement parts is very essential. de have had no experience whatever from the actory in Stoughton, Wisconsin, but due to the miles, we would expect better service from )erver stocks. 4. It is very important to this Department not only to havetools we believe are e and reliable, but also to have parts readily available when (and if) needed. We are convinced the equipment offered by Kerr Equipment Company is the better for the work what will be assigned, and therefore, request the bid of Kerr Equipment pang in the amount of $10,058.76 be accepted. /sl W. F. Widdows Supt. Transmission & Distribution by S. H. Wilson, Electrical Eng. Motion was made by Councilman McMillan, seconded by Councilman Carson, that the ti.on contained in the above communication be approved, and the Kerr Equipment bid be accepted. Roll was called resulting as follows: Ayes: Councilmen Johnson, , McMillan, Bennett and Councilwoman Quinn. Nayes: None. The President declared motion adopted. The following communication was presented and read at length: September 23, 1965 Stanley R. Case, Acting City Manager William F. Widdows, Supt. Transmission & Distribution Oct: Tree Trimming Truck Reference is made to the bids received on September 14, 1965, for a truck to be ad by our tree trimming crew. Attached is listing of comparision of features as set forth in our Specifications. asked for a boom rating of 1000 pounds, and received such a bid from Kerr Equipment moany. We asked that the boom be built for travel over center and received such a bid om Kerr Equipment Company. We asked that our present tree trimming truck be taken in as trade,a nd received trade in allowance quotes from three suppliers. ment Company bid to our specifications in all instances and their Since Kerr Equip ice, after tracle-in adjustment, is the low bid, 16,126.65 be accepted. Isl William F. Widdows Supt. Transmission & Distribution Motion was made by Councilwoman Quinn, seconded by Councilman Carson, that the Ommendations be approved and the Kerr Equipment Company bid be accepted. Roll was called ulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Council - an Quinn. Nayes: None. The President declared the motion adopted. The City Clerk had a request from the Council for approval to negotiate with the itors who have audited books for the City and Light and Power Department previously for auditing of the 1965 year. Motion was made by Councilwoman Quinn, seconded by Council City Clerk and Director of Fi na'nce be authorized to negotiate for the Carson, that the 414 1965 audit. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. Motion was made by Councilwoman Quinn, seconded by Councilman Carson, that the Council adjourn. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Councilwoman Quinn. Nayes: None. The President declared the motion adopted and the Council adjourned. ATTEST: City Clerk`