HomeMy WebLinkAboutMINUTES-04/18/1968-Regular59
April 18, 1968
MINUTES OF A REGULAR MEETING OF THE COUNCIL OF THE CITY OF FORT COLLINS, Held
Thursday, April 18, 1968, at 1:30 o'clock P.M.
Present: Councilmen Bennett, Carson, Troxell, Kissock and Kruchten. City
Manager Coffey, City Attorney 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 April 11, 1968, be dispensed with.
Roll was called resulting as follows: Ayes: Councilmen Bennett, Carson, Troxell,
Kissock and Kruchten. Nayes: None. The President declared the motion adopted.
The matter of the first reading of Ordinance No. 17, 1968, being the beer
ordinance, which was tabled to this date, was placed upon the agenda for action. The
following letter was presented and read at length:
April 15, 1968
Mr. Tom Coffey
City Manager
Municipal Building
Fort Collins, Colorado
Dear Mr. Coffey:
Thirteen of the sixteen operators of 3.2 beer outlets attended a meeting of the
Fort Collins Malt Beverage Association on April 15, 1968. At this meeting, those attend-
ing had their first opportunity to review the new proposed beer ordinance and resolution
dealing with the regulation and issuance of 3.2 licenses. After much discussion, it was
unanimously decided that additional time was needed to further study the new proposals.
Therefore, it is respectfully requested that any action on the new proposals be postponed
until May 2, 1968 which will provide time for the association to make any recommendations
it feels will benefit both the City of Fort Collins and the 3.2 establishments.
Sincerely yours,
/s/ Paul L. Kelly
President
Fort Collins Malt Beverage Association
Motion was made by Councilman Kruchten, seconded by Councilman Troxell, that the
request of the Fort Collins Malt Beverage Association be accepted and that the first read-
ing of Ordinance No. 17, 1968, be placed on the agenda of the May 9, 1968 meeting. Roll
was called resulting as follows: Ayes: Councilmen Bennett, Carson, Troxell, Kissock
and Kruchten. Nayes: None. The President declared the motion adopted.
The following resolution was presented and read at length:
RESO3,UTION tF'i
OF THE COUNCIL OF 'THE CITY OF FORT COLLINS ACCEPTING THE RESIGNATION OF 'THOMAS W. BENNETT
AS MAYOR OF THE CITY OF FORT COLLINS
WHEREAS, Thomas W. Bennett has served as Mayor of the City of Fort Collins, hav-
ing been elected to such position by the City Council on April 11, 1967; and
WHEREAS, the said Thomas W. Bennett has tendered his resignation from the
position of Mayor of the City of Fort Collin s; and
WHEREAS, the City Council desires to accept such resignation and to commend the
said Thomas W. Bennett on his work and the time and effort he has devoted to the City of
Fort Collins while serving as Mayor.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF 'THE CITY OF FORT COLT�TNS that
the resignation of Thomas W. Bennett as Mayor of the City of Fort Collins be and it hereby
is accepted, and
BE IT FURTHER RESOLVED that the City Council recognizes the valued services of
the said Thomas W. Bennett which he contributed to the City of Fort Collins during his
term as Mayor and the vast amount of time and effort he has expended on behalf of the City
while serving in this position and hereby expresses its appreciation for the same.
Passed and adopted at a regular meeting of the City Council held this 18th day
of April, A. D. 1968.
/s/ Karl E. Carson
Mayor
ATTEST:
/s/ Miles F._H_ouse
City Clerk
f1
April 18, 1968
Motion was made by Councilman Kissock, seconded by Councilman Troxell, that
this resolution be adopted. Roll was caled resulting as follows: Ayes Councilmen
4
Bennett, Carson, Troxell, Kissobk and Kruchten. Nayes: None. The President declare
the motion adopted.
Mayor Bennett called for nominations for the office of Mayor of the City of
Fort Collins and Chairman of the City Council. Motion was made by Councilman Troxell,
seconded by Councilman Kruchten, that Karl E. Carson be nominated for the office of
Mayor and Chairman of the Council. Roll was called resulting as follows: Ayes:
Councilmen Bennett, Troxell, Kissock and Kruchten. Councilman Carson, abstaining. Nayes',
None. The President declared the motion adopted.
The newly elected Mayor and Chairman of the Council, Karl E. Carson, received
the gavel and took ever the chair as Chairman of the Council.
Mayor Carson called for nominations for Assistant Mayor of the City of Fort
Collins. Motion was made by Councilman Kissock, seconded by Councilman Troxell, that
Alvin J. Kruchten be nominated for the office of Assistant Mayor. There being no further
nominations, Mayor Carson called for the question. Roll was called resulting as follows:
Ayes: Councilman Carson, Bennett, Troxell and Kissock. Councilman Kruchten, abstaining
Nayes: None. The Mayor declared Alvin J. Kruchten elected to the office of Assistant
Mayor of the City of Fort Collins.
The City Clerk was requested to give the oath of office to Mayor Carson and
Assistant Mayor Alvin J. Kruchten.
The following petition was presented:and read at length:
PETITION AND APPLICATION FOR REZONING
STATE OF COLORADO)
) as.
COUNTY OF LARIM i)
TO THE CITY COUNCIL OF THE CITY OF FORT COLLINS, COLORAD
Gentlemen:
We, the undersigned, being the owners of 50% of the following described property
situate in the City of,Fort Collins, County of Larimer, State of Colorado, to -wit:
Commencing at a point 165 fEet W. of the NE corner of Secrion 16, Township 7
North, Range 69 west of the 6th P.M., thence W. 330 feet, thence S. 1320 feet,
thence E. 330 feet, thence N. 1320 feet to the place of beginning.
Containing 10 acres, more or less, do respectfully petition and request that the City
Council amend the zoning ordinance of the City ofFort Collins by dangine said above des-
cribed land from R-L zone to M-L zone.
Respectfully submitted,
/s/ Charles W. Hoffman=_ /s/ Jess L. Fults
Patricia A. Hoffman Jean M. Fults
Warren B. Miller
STATE OF COLORADO)
) as.
COUNTY OF LARIMER)
The foregoing intrument was acknowledged before me this llth day of April, 1968
By Jess L. Fults, Jean M. Fults, Charles W. Hoffman, Patricia•A. Hoffman and Warren B.
Miller
for the purposes therein set forth.
My commission expires July 5,.1970•
/s/ Lindia_Gutierrez
Notary Public 4�
Motion was made by Councilman Bennett, seconded by Councilman Kruchten, that
this petition be referred to the Planning and Zoning Board for their recommendation. Roll
was called resulting as follows: Ayes: Councilmen Carson, Bennett, Troxell, Kissock
and Krsichten. Nayes: None. The President declared the motion adopted.
The following petition was presented and read at length:
61
April 18, 1968
PETITION AND APPLICATION FOR REZONING
STATE OF COLORADO)
) ss.
COUNTY OF LARIMER)
TO THE CITY COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Gentlemen:
We, the undersigned, being the owners by option of 50% of the following des-
cribed property, situate in the City of Fort Collins, County of Larimer, State of Colorado,
to -wit:
Lot 1 of the Resubdivision of Tract A, South College Heights Fourth Subdivision,
in the City of Fort Collins, Colorado;
Containing .6276 acres, more or less, do respectfully petition and request that the City
Council amend the zoning ordinance of the City of Fort Collins by changing said above des-
cribed land from R-L zone to B-L zone, to be subject to restrictive covenants attached
hereto.
Respectfully submitted,
FORT COLLINS FEDERAL SAVINGS AND LOAN
ASSOCIATION
Elwin R. Hunter, Pres.
STATE OF COLORADO)
) ss.
COUNTY OF LARIMER)
The foregoing instrument was acknowledged before me this llth day of April, 1968,
By Elwin R. Hunter, President, of Fort Collins Federal Savings and L oan Association.
for the purposes therein set forth.
My commission expires August 5, 1971•
/s/ Barbara Herron _
Notary Public _ '—
Motion was made by Councilman Kruchten, seconded by Councilman Carson, that
this petition be referred to the Planning and Zoning Board for their recommendation. Roll
was called resulting as follows: Ayes: Councilmen Carson, Bennett, Troxell, Kissock
and Kruchten.. Nayes„ None. The President declared the motion adopted.
The following petitioners presented and read at length:
PETITION FOR ANNEXATION
The undersigned hereby petition the Council of the City of Fort Collins for
the annexation of the below described property to the City of Fort Collins, Colorado.
A tract of land situate in the County of Larimer, State of Colorado, to -wit:
A part of the SE4 of Section 16, Townshp 7 North, Range 69 West of the Sixth
P.M., which, considering the East line of said SE4 as hearing N. 00°32' W.
and with all bearings contained herein relative thereto, is contained within
the boundary lines which hegin at a point which bears N. 89°43'30" W. 1311.96
feet, and again N. 89045' W. 1038.67 feet from the E4 corner of said Section 16,
said poinh being the NW corner of the Alvin L. Miller Second Foothills Annexation;
run thence S. 00°15' W. 1250.00 feet; thence N. 89045' W. 263.56 feet to a
point on the West line of saidSE4; thence along said West line N. 00°08' W.
1250.03 feet to the Center 4 corner of said Section 16; thence S. 89045' E.
271.92 feet to the Point of Beginning, containing 7.683 acres, moreor less.
Said Petitioners allege:
1. It is desirable andnecessary that such territory be annexed to the City of
Fort Collins.
2. Not less than 1/6 of the perimeter of said property is contiguous with the
City of Fort Collins.
3. A community of interest exists between said property and the City of Fort
Collins, said property is urban or will be urbanized in the near future, and said property
is integrated or is capable of being integrated with the with the City of Fort Collins.
4. The signers of this petition comprise the landowners of more than 50% of the
above described property, exclusive of streets and alleys.
WHEREFORE said petitioners request that the City of Fort Collins approve the
annexation of said territory. And said petitioners further request that said territory
be placed in the R-L zone, except the southerly 120.00 feet thereof, which is to be in the
R-M zone District under the zoning ordinance.
ELLIOTT, MILLER CONSTRUCTION CO., INC.
Alvin L. Miller, President 1316 Birch 4/16/68
Enid P. Miller, Secretary
62
April 18, 1968
STATE OF COLORADO)
) SS.
COUNTY OF LARIMER)
The foregoing instrument was acknowledged before me this 16th day of April,
A. D. 1968, by Alvin L. Miller and Enid P. Miller.
Witness my Hand and notarial seal.
My Commissinn expires: 2/3/73.
/a/ John Bartel
Notary Public
Motion was made by Courrilman Troxell, seconded by Councilman Bennett, that the
petition be referred to the Planning and Zoning Board for their recommendation. Roll was
called resulting as follows: Ayes: Councilmen Carson, Bennett, Troxell, Kissock and
Kruchten. Nayes: None. The President declared the motion adopted.
Mr. Stan Case, Director of Utilities of Fort Collins, was present and explained
the meaning of the USBR"Dump Power,"which is the use of surplus energy generated by the
bureau. He explained more fully than the memorandum presented to dB members of the Coun-
cil previously. Motion was made by Councilman Bennett, seconded by Councilman Kruchten, th
the Director of Utilities be authorized to accept the offer of the USBR requiring "dump
power". Roll was called resulting as follar: Ayes: Councilmen Carson, Bennett,
Troxell, Kissock and Kruchten. Nayes: None. The President declared the motion
adopted.
Mr. Case explained the proposed agreement that is being submitted to Power
for execution,
Companies of Colorado, both public and private, andrecommended that the City approve the
Fort Collins Light and Power entering into this agreement when approved by the City Attorne
Motion was made by Councilman Troxell, seconded by Councilman Kruchten, that the recommend
ation of Stan Case to approve the agreement of the Colorado Systems Coordinating Council,
as presented, be accepted upon approval of the City Attorney. Roll was called resulting
as follows: Ayes: Councilmen Carson, Bennett, Troxell, Kissock and Kruchten. Nayes:
None. The President declared the motion adopted.
This being the date of the hearing on the application of Virgil Bickel for a
Class B. Non -Intoxicating Malt Liquor License, dba tip Toot n' Moo Grocery, 800 North Colle@
Avenue, to the City and State of Colorado, was presented. The City Clerk advised the Counc
that there were no written objections filed in reference to this application. Mr. Ronald
Stable, Attorney for Mr. Bickel, came to the rostrum and presented exhibit A through K,
consisting of of maps, photogrOphs, affidavits of publication and three petitions for the
requesting of the license. Mr. Bickel was called to the stand and after being sworn, was
questioned extensively by Mr. 'Strahle regarding the application and exhibits presented.
At the conclusion d' the questioning by Mr. Strahle and members of the Council, the Mayor
declared a five minute recess for discussion of the matter before them. Upon reconvening,
motion was made by Councilman Bennett, seconded by Councilman Kruchten, that the license
be granted and the matter be referred to the City Attorney's office for a resolution and
findings in regard to same. Roll was called resulting as follows: Ayes: Councilmen
Carson, Bennett, Troxell, Kissock and Kruchten. Nayes: None. The President declare
the motion adopted.
The next item considered by the Council was the p.^esentation of the audit of
the Light and Power Department by Harold Greagor, Auditors. After a few questions asked
of the Council, motion was made by Councilman Kruchten, seconded by Councilman Troxell, that
the audit report be accepted. Roll was called resulting as follows: Ayes: Councilmez
(Carson, Bennett, Troxell, Kissock and Kruchten. Nayes: None. The President declar-
ed the motion adopted.
7
63
April 18, 1968
R. R. McCluskey of Rogers and McCluskey, Auditor of the General Fund of fee City
of Fort Collins, presented the audit for 1967. After some statements regarding the audit
and answering some questions of the Council, motion was made by Councilman Bennett, secone
by Councilman Troxell, that the audit of the City of Fort Collins, as 'prepared by Rogers
and McCluskey, Auditors, be accepted. Roll was called resulting as follows: Ayes:
Councilmen Carson, Bennett, Troxell, Kissock and Kruchten
declared the motion adopted.
Nayes: None. The Presidejnt
Councilman Kruchten commended both of the auditing firms and their work in pre-
paring the audits and advised the Council that the City of Fort Collins were rapidly
bringing the audits and accounts of the City of Fort Collins and the Light and Power Depar
ment to comply with the State law.
Bids for fire hose for the Fire Department wecepresented as follows:
Bidder 1000 ft. 800 ft. Total Discount
American La France (Fabric Hose$1,110.00 $ 640.00
Western Rubber ( No Sample) 1,110.00 616.00
Pueblo Fire Equip Co. (N2tional)1,120.00 616.00
Union Supply (No Sample) 1,195.00 660.00
All prices F.O.B. Fort Collins, Colorado
$ 1,750.00 $1,715.00
Less 2% 30 day
1,726.00 1,717.37
Less 11 %
1,736.00 No Discount
1,855.00 No Discount
.I should like to.recommend the acceptance of the low bid from American La France
of $1,715.00.
/a/ R. S. Baker
Purchasing Agent
Motion was made by Councilman Kruchten, seconded by Councilmn Benrctt, that the
bid
of American
La France
Company on
fire hose
in the amount
of$1,715.00, be
accepted.
Roll
was called
resulting
as follows:
Ayes:
Councilmen
Carson;'Bennett,
Troxell,
Kissock and Kruchten. Nayes: None. The President declared the :.motion adopted.
Bids for a four -door Sedan for the Light and Power Department, were presented.
It was the recommendation of the Purchasing Agent to accept the bid of Ghent Motor Co.in
the amount of $2,152.32, be accepted. Roll was called resulting as follows: Ayes:
Councilmen Carson, Bennett, Troxell, Kissock and Kruchten. Nayes: None. The President
declared the motion adopted.
Bid§ were presented for concrete work on the East Prospect improvements. There
were two bids as follows:
Kiefer Concrete $15,830.00
Fort Collins Ready Mix $14,985.00
It was the recommendation of the Director of Public Works and the Purchasing
Agent that the bid of Fort Collins Ready Mix be accepted. Motion was made by Councilman_
Kruchten, seconded by Councilman Troxell, that the bid submitted by the Fort Collins Ready
Mix Company of $14,985.00 be accepted. Roll was called resulting as follows: Ayes:
Councilmen Carson, Bennett, Troxell, Kissock and Kruchten. Nayes: None. The Presiden
declared the motion adopted.
Bids for pi pe and sprinklers and valves for the sprinkling system at City Park
were presented. The following 166nipanies submitted bids:
Bidder No. 1 Pipe Material No._2__Sprinkle_rs & Valves
Southwestern Supply ~__T'032 03 �No Bid
The Warner Co. 517.12 536.84
Boyd Distributing Co. No Bid 547.44
Pipeline Materials 512.35 No Bid
Thompson Pipe & Steel 500.57 536.81
The Purchasing Agent recommended that the low bid of Thompson Pipe and Steel
9
April 18, 1968
for sprinklers and valves and the low bid of Southwestern Supply of $432.03 for pipe and II
material, be accepted. Motion was made by Councilman Kissock, seconded by Councilman
Kruchten, that the bid of Southwestern Supply in the amount of $432.03 .for pipe and mater-
ial and the low bid of Thompson Pipe and Steel in the amount of $536.81, be accepted. Rol
was called resulting as follows: Ayes: Councilmen Carson, Bennett, Troxell, Kissock
and Kruchten. Nayes: None. The President declared the motion adopted.
The re -bid on garbage and City trash collections were presented. There were
two bids, one for garbage only and one only for City trash collection. Motion was made
-
by Councilman Bennett, seconded by Councilman Troxell, that the bid of George Rath of
$1,000.00 per month for garbage collection and the bid of Bridwell Trash Hauling Company
of $170.00 per month for City trash collection, be accepted. Roll was called resulting
as follows: Ayes: Councilmen Carson, Bennett, Troxell, Kissock and Kruchten. Nayes:
None. The President declared the motion adopted.
A right of way agreement given by D. Wayne Breckenridge and Lillian M. Bredkenric
foo an under ground storm sewer line across their property in the W. 10, of Lot 1, East
Acres Subdivision, was presented for acceptance. Motion was made by Councilman Kissock,
seconded by Councilman Troxell, that the right of way agreement be accepted and approved.
Roll was called resulting as follows: Ayes: Councilmen .Carson, Bennett, Troxell,
Kissock and Kruchten. Nayes: None. The President declared the motion adopted.y
The following report of the Planning and Zoning Board was presented:
April 16, 1968
TO: Fort Collins City Council
FROI4: Planning and Zoning Board
SUBJECT: Proposed Subdivision Ordinance
The Board considered this item at a special meeting conducte n April 15, 1968, and recom-
mends it for approval.
The Board noted two items which could need further work in order to resolve problems
raised at the meeting. These were in connection with the underground aspect of the utilit,
sections and the 6% dedication for park land.
Mr. John Carmack from the phone company presented specific recommendations on the utility
aspects of the ordinance. They involved utility company "arrangements" prior to approval
of a final plat; soil and subsurface conditions as they affect underground installations;
and exceptions to the underground aspects of the utility section, i.e. transformers,
switching boxes, trunk and .feeder lines, etc.
It was .felt by the Board that these problems could be worked,mzt prior to the
Council hearing.
The developers represented were generally opposed to the 6% dedication for park purposes,
but they were unable to arrive at a better solution which would carry out the intent of
theprovision.
It was the feeling of the Board that the provision should be left in the ordinance to
insure the concept would not be lost. The Board recognized that this setion might need
to be enlarged upon in the future as the program develops':. This could be in the form of
an emendment to the ordinance or a separate ordinance specifically designed for this pur-
pose.
Respectfully submitted,
/s/ Robert 0. Engelke
Acting Secretary
There was considerable discussion on the contents of the report after which
motion was made by Councilman Bennett , seconded by Councilman Kissock, that a rough draft
of the
proposed
ordinance be
placed on
the agenda
for April
25. 1968 meeting.
Roll
was
called
resulting
as follows:
Ayes:
Councilmen
Carson,
Bennett, Troxell,
Kissock
and
Kruchten, Nayes: None. The President declared the motion adopted.
A report from Gene Allen, Planning Director and Larimer County Census Tract
Committee Chairman on the matter of the 1970 census on individual block basis, was presente<
in Britten form and after discussion, motion was made by Councilman Kissock, seconded by
65
April 18, 19681
Council Bennett, that there be authorized $200.00 "earnest money" and Gene Allen prepare
and forward a letter.of intent for consideration by the Bureau of Census. Roll was
called resulting as follows: Ayes: Councilmen Carson, Bennett, Troxell, Kissock and
Kruchten. Nayes: None. The President declared the motion adopted.
Mr. John Kochenburger, Attorney for protestants in the matter of rezoning of
the Joe J. Straughan property, was present and requested that the hearing on this matter
before the City Council be held as a night meeting. After considerable discussion
between Mr. Kochenberger and members of the Council, motion was made by Councilman Bennett,
seconded by Councilman Kruchten, that the request of Mr. Kochenberger for a night meeting
for a, hearing of Joe Straughan's rezoning petition, be denied. Roll was called resulting
as follows: Ayes: Councilmen Carson, Bennett, Troxell, Kissock and Kruchten. Nayes
None. The President declared the motion adopted.
The City Attorrfy advised the Council that the Pizza Inn, Inc., suit against the
City of Fort Collins and the Council, which had been filed in the District Court, .had
been sent back to the City Council by the court for further hearing. Mr. Strahle was
present and requested that a date for this hearing be set in order that the proper publics-
tion of said notice of hearing and the posting of the date of the hearing in the place of
business could be made. Motion was made by Councilman Kruchten, seconded by Councilman
Kissock, that the date of May 9,1968, be set for further hearing on the application of
Pizza Inn, Inc., for a 3.2% Beer License for the corporation at 1220 West Elizabeth Street
and that the boundry be set for the original hearing. Roll was called resulting as follows
Ayes: Councilmen Carson, Bennett, Troxell, Kissock and Kruchten. Nayes: None. The
President declared the motion adopted.
The following communication was presented and read at length:
2005 Evergreen Drive
Fort dollins, Colorado
April 8, 1968
The Honorable Thomas Bennett, Mayor
City of Fort Collins
City Hall
Fort Collins. Colorado
Dear Tom:
As I was driving down Prospect Street to work this mcming I noticed a whole new
row of houses being built westof Bryan Avenue. In the backyards of these houses was a nic
neat row of new concrete home incinerators. This surprised me since I had hopes that in
anticipation of the air pollution laws of the City of Fort Collins would have prepared an
ordinance prohibiting the construction of home outdoor incinerators for all new projects.
Where is the City on this score?
airpollution program?
Best wishes.
Are we in the process of developing our own
Cordially,
Burns B. Crookston
The by-laws for Fort Collins as prepared by the Fort Collins Coordinating Commis-
sion,for Senior Citizens, were presented. Motion was made by Councilman Troxell, seconded
ty Councilman Kissock, that the Council approve the by-laws for the Fort Collins Coordinat-
ing Commission for Senior Citizens as presented. Roll was called resulting as follows:
Ayes: Councilmen 'Barson, Bennett, Troxell, Kissock and Kruchten. Nayes: None. The
President declared tape motion adopted.
The City Manager presented the proposed recreation fee, increase for 1968. This
report was prepared,by John Baudek before he left but has !just been re -capped for presenta-
tion for the Council. After discussion, motion was made by Councilman Kruchten, seconded
by Councilman Kissock, that the proposed recreation fee increase be accepted and the
66
April 18 1968
matter be referred to the City Attorney to prepare a resolution. Roll was called resulting
as follows: Ayes: Councilmen Carson, Bennett, Troxell, Kissock andKruchten. Nayes:
None. The President declared the motion adopted.
Motion was m de by Councilman Kruchten, seconded by Councilman Bennett, that the
Council adjourn. Roll was called resulting as follows: Ayes: Councilmen Carson, Bennet ,
Troxell, Kissock and Kruchten. Nayes: None. The President declared the motion adopted
and the Council adjourned.
yor
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