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HomeMy WebLinkAboutMINUTES-06/27/1968-Regular112 June 27, 1968 MINUTES OF A REGULAR MEETING OF THE COUNCIL OF THE CITY OF FORT COLLINS, Held Thursday, June 27, 1968, at 1:30 o'clock P.M. Present: CouncilmenKissock, Kruchten and Bennett. City Attorney March and Director of Public Works Liquin. Absent: Councilmen Carson and Troxell and City Manager Coffey, excused. Motion was made by Councilman Kissock, seconded by Councilman Bennett, that the reading of the minutes of the last regular meeting held June 13, 1968, be dispensed with. Roll was called resulting as follows: Ayes: Councilmen Kissock, Kruchten and Bennett. Absent: Councilmen Carson and Troxell, excused. Nayes: None. The President declared the motion adopted. The following ordinance was presented on second reading: ORDINANCE NO. 24, 1968 BEING AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF FORT COLLINS BY CHANGING THE ZONING CLASSIFICATION FOR CERTAIN PROPERTY M6tion-was made by Councilman Kissock, seconded by CouncilmanBennett, that Ordinance No. 24, 1968, be adopted and become a law upon passage. Roll was called result- ing as follows: Ayes: Councilmen Kissock, Kruchten and Bennett. Absent: Councilmen Carson and Troxell, excused. Nayes: None. The President declared the motion adopted. The following ordinance was presented on second reading: ORDINANCE NO. 26, 1968 BEING AN ORDINANCE AMENDING CHAPTER 19 OF THE CODE OF ORDINANCES OF THE CITY OF FORT COLLIN; COLORADO, 1958, AS AMENDED, COMMONLY ENOWN AS THE ZONING ORDINANCE AND CLASSIFYING FOR ZONING PURPOSES THE ?ROPERTY INCLUDED IN THE ALV.IN L. MIIIER FOURTH ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO Motion was made by Councilman Bennett, seconded by Councilman Kissock, that Ordinance No. 26, 1968, be adopted and become a law upon passage. Roll was called resulting as follows: Councilmeri_Kissock, Kruchten and Bennett. Absent: Councilmen Carson and Troxell, excused. Nayes: None. The President declared the motion adopted. The following ordinance was presented on second reading: ORDINANCE NO. 27, 1968 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 Bennett, seconded by Councilman Kissock, that Ordinance No. 27, 1968, be considered favorably on first reading and ordered published this 6th day of June 27, 1968. Roll was called resulting as follows: Ayes: Councilmen Kissock, Kruchten and Bennett. Absent: Councilmen Carson and Troxell, excused. Nayes: None. The President declared the motion adopted. The following ordinance was presented on first reading: ORDINANCE NO. 30, 1968 BEING AN ORDINANCE RELATING TO THE SALE, GIFT, DELIVERY, USE OR POSSESSION OF SUBSTANCES RELEASING TOXIC VAPORS Discussion followed. Assistant Mayor Kruchten asked if there were anyone in the audience who wished to discuss the ordinance that was presented. Sergeant Russell Buck of the Juvenile Department of the Police Department, spoke for and urged that the ordinance be passed to help them eliminate the glue sniffing that has been started in the City. Pro- bation Officer for the County Court, Don Aihman, also spoke and urged the passage of the ordinance. After some discussion between the members of the Council as to the enforcement of this ordinance, it was urged that the ordinance be passed, as it was better than nothing. After further discussion, motion was made by Councilman Bennett, seconded by Kissock, that 113 June 27, 1968 Ordinance No. 30, 1968, be considered favorably on first reading and ordered published this 27th day of June, A. D. 1968, and to be presentedfor final passage on the 18th day of July, A. D. 1968. Roll was called resulting as follows: Ayes: Councilmen Kruchten and Bennett. Absent: Councilmen Carson and Troxell. Nayes: Councilman Kissock. The President declared the motion adopted. The following resolution was presented and read at length: RESOLUTION 61- 5° OF THE COUNCIL OF THE CITY OF FORT COLLINS GIVING PUBLIC NOTICE CONCERNING A PROPOSED ORDINANCE CHANGING THE ZONING MAP OF THE CITY OF FORT COLLINS AND AMENDING CHAPTER 19 OF THE CODE OF ORDINANCES OF THE CITY OF FORT COLLINS, COLORADO, 1958, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE WHEREAS, a written peti$on has baen presented to the City Council requesting that the zoning classification for the property more particularly described in the "Notice of Public Hearing" attached hereto be changed from C Commercial District to I-L, Limited Industrial District, and WHEREAS, the Planning and Zoning Board has made a study of said rezoning request and has held a hearing and made a report and recommendation thereon, all in accordance with the provisions of Section 19-21 of the Code of Ordinances of the City of Fort (bllins, Colorado, 1958, as amended, and WHEREAS, the City Council desires to hold a public hearing on said rezoning request as required by 'section 19-21.1 (2) of the Code of Ordinances of the City of Fort Collins, Colorado, 1958, as amended. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that July 18,1968, at 1:30 P.M., or as soon thereafter as the matter may come on for hearing, in the Council Chambers in ttn City Hall of the City ofFort Collins is hereby set as the time and placefbr a public hearing on said rezoning request; and BE IT FURTHER RESOLVED that the City Clerk is hereby instructed to publish a notice of said hearing as provided in Section 19-21.1 (2) of the Code of Ordinances of the City of Fort Collins, Colorado, 1958, as amended, in the form attached hereto. Passed and adopted at a regular meeting of the City Council held this 27th day of June, A. D. 1968. /s/ Karl E. Carson Mayor ATTEST /s/ Miles F. House Motion was made by Councilman Bennett, seconded by Councilman Kissock, that this resolution be adopted. Roll was called resulting as.follows: Ayes: Councilmen Kissock, Kruchtan and Bennett. Absent: Councilmen Carson and Troxell, excused. Nayes: None The President declared the motion adopted. The following report was presented and read at length: STATE OF COLORADO ss. COUNTY OF LARIMER We, the undersigned members of the Board of Elections do certify that we have examined and checked th signatures on a referendum petition and find the following results: Signatures on the petitions 1353 Signatures correct 892 Signatures incorrect 370 Wrong Addresses 11 Not Registered 76 Signature illegible 1 Duplicate signatures 3 The vote at the last election was 4712 and required signatures on this petition would be 707. IN WITNESS WHEREOF, we ha�echereunto set our hands and affixed the seal of the Cit of Fort Collins, this 24th day of June, A. D. 1968. /s/ Miles F. House Chairman /s/ Marion A. Knight s/ Laura A. .Straub 114 June 27, 1968 Motion was made by Councilman Kissock, seconded by Councilman Bennett, that this ing report be received and referred to the City Attorney for further process/and report. Roll was called resulting as follows: Ayes: Councilmen Kissock, Kruchten and Bennett. Absent: Cou.ncilmE7 Carson and Troxell, excused. Nayes: None. The President declared the motion adopted. A petition from residences of Pennsylvania Avenue and North Taft Hill Road and the 2100 Block of LaPorte Avenue presented a petition for a Sanitary Sewer installation or at least an estimate cost of the Sewer construction. It appears that in the area approximately four houses are within the City limits and the others are outside the City limits. Due to the high water table, the cesspools or septic tanks are over flowing and something must be done to corret this condition. Mr. Madrid, one of the petitioners, who lives at 2122 LaPorte Avenue was present to present the case to the Council. After dis- cussion between the Director of Public Works and the Council, motion was made by Councilman Bennett, seconded by Councilman Kissock, that the petition be referred to the Director of Public Works for appropriate action and advisement of the petition as to what can b:e done to eliminate this situation. Roll was called resulting as follows: Ayes: Councilmen Kissock, Kruchten and Bennett. Absent: Councilmen Carson and Troxell, excused. Nayes None. The President declared the motion adopted. Bids were presented on Western Red Cedar Poles for the Light and Power Department as follows: June 26, 1968 TO: Mr. Tom Coffey, City Manager FROM: Mr. H. L. Diener, Purchasing Agent SUBJECT: POWER POLE BID The following is a tabulation of bids 6bt2ined on two carloads of Western Red Cedar poles: Hamilton $ 7232.75 Carney 7262.50 Hendrie & Bolthoff 7470.00 Mine & Smelter 7488.50 McFarland 7669.00 R & M Sales 7769.00 All bids were opened in my office at 1:30 P.M. June 25, 1968. It is my recom- mendation that we accept the low bid ($7232.75) from Hamilton Associates, representatives of Poles, Incorporated. For your information I have attached copies of all bids obtained /s/ H. L. Diener Pu^chasing Agent Motion was made by Councilman Kissock, seconded by Councilman Bennett, that the recommendation of the Purchasing Agent be approved and the bid be awarded to Hamilton and Assoc.iates, Inc., the low bidder. Roll was called resulting as follows: Ayes: Council men Kissock, Kruchten and Bennett. Absent: Councilmen Carson and Troxell, excused. Nayes: None. The President declared the motion adopted. The following petition was presented and read at length: PETITION To The Honorable Mayor and City Council of the City of Fort Collins, Colorado: The undersigned, ownersCf all property abutting on the alley running North and South in Block 91 in the City ofFort Collins, COlorado, hereby petition that said alley be vacated, subject to easements for utilities as now exist or as required by the City of Fort Collins, for the reason that the same is serving no public purpose and is causing a traffic hazard. FORT COLLINS FEDERAL SAVINGS AND LOAN ASSOCIATION By Elwin R. Hunter, President STEELE'S CASH MARKET", INC. By Merrill Steele, President Motion was made by Councilman Bennett, seconded by Councilman Kissock, that this tition be referred to the Director of Public Works for investigation and report. Roll 115 June 27, 1968 was called resulting as follows: Ayes: Councilmen Kissock, Kruchten and Bennett. Absent: Councilmen Trox-11 and Carson, excused the motion adopted. Nayes: None. The President declare The following communication was presented and read at length: May 20, 1968 City Council City of Fort Collins Fort Collins, Colorado Gentlemen: The undersigned presently own a small parcel of land in the NW4 of Section 23, Township 7 North, Range 69 West of tt� 6th P.M., identified es:Tract "A" on the attached Exhibit "A". A street right-of-way approximately fifty feet in width lies immediately to the south of Tract "A". The southerly boundary line of the right-of-way, as presently es tablished, is contiguous with the northerly.boundary line of Lot 22 of Spring Valley Subdivision, also shown on Exhibit "A", owned by Leslie P. Ware and Ruth A. Ware. The right-of-way shown on Exhibit "A" has not been heretofore used for street purposes, nor has the right-of-way been used for any other municipal purpose. We propose to, -shift the location of the right-of-way so that it will run due east and west along the south bounday line of Lot 6 of the Arthur C. Sheely•First Subdivisi This can be accomplished by exchanging Tract "A" for the parcel identified. as Tract "B" on Exhibit "A". Accordingly, we respectfully request.�,your aproval of such exchange. In the event the same is approved"', we will convey Tract "A" to the City upon conveyance by the City to us of Tract "B". REspectfully submitted, /s/ Raymond M. Demere, Jr. /s/ Adelaide W. Demere Motion was made by Councilman Kissock, seconded by Councilman Bennett, that the matter be referred to the Director of Public Works for investigation and report. Roll was, called resulting as follows: Apes: Councilmen Kissock, Kruchten and Bennett. Absent: Councilmen Carson and Troxell, excused. Nayes: None. The President declared the motion adopted. The following communication was presented and read at length: June 27, 1968 Mayor and the Council Members of the City of Fort Collins, Colorado Gentlemen: Mr. Don Sherwood of the legal firm of Dawson, Nagel, Sherman and Howard (Denver) has delivered to me as president of the Fort Collins Water Board a detailed study concern- ing proposed water service for a new industry to be located some distance southeast of the City of Fort Collins. This is the industry which the Governor of Colorado regards asof sufficient importance to call a special meeting today, to which the Mayor and other officials have been invited. Mr. Sherwood on behalf of his client has requested that the City and the Water Board study the report at an early time with a view to the City of Fort Collins supplying treated water to this new industry. Accordingly, I recommend that the Council forthwith instruct the Water Board to review the report, to consult with the industry as to its specific needs, and to make such other investigations as it deems advisable ;n order to report as soon as -reasonably possible to the Council as to its findings and recommndations in this regard. /a/ Respectfully submitted, Ward H. Fischer, President Motion was made by Councilman Kissock, seconded by Councilman Bennett, that the Council accept the recommendations of the Water Board and instruct the Board to study the report that has been presented to them and return fortlraith their recommendation. Roll was called resulting as follows: Ayes: Councilmen Kissock, Kruchten and Bennett. Absent Councilmen Carson and Troxell, excused. Nayes: None. The President declared the motion 1. adopted. 116 June 27,_1968 The City'Attorney advised the Council that Bill Thomas had offered to the City of Fort Collins 10 acre feet units of C.B.T. water at $150.00 per share. He requested the Council to take action on this. Motion was made by Councilman Bennett, seconded by Councilman Kissock, that the purchase of 10 acre feet of C.B.T. water from Bill Thomas be approved. Roll was called resulting as follows: Ayes: Councilmen Kissock, Kruchten and Bennett. Absent: Councilmen Carson and Troxell, excused. Nayes: None. The President declared the motion adopted. The following resolution was presented and read at length: RESOLUTION bi'5' OF THE COUNCIL OF THE CITY OF .FORT COLLINS APPROVING THE APPLICATDN BY THE CITYCF FORT COLLINS FOR THE TEMPORARY USE OF 10 ACRE FEET OF WATER FROM THE WORKS OF THE NORTHERN COLORADO WATER CONSERVANCY DISTRICT WHEREAS, the City of Fort Collins has acquired 10 acre feet units of water of the Northern Colorado Water Conservancy District; and WHEREAS, the Board of Directors of the Northern Colorado Water Conservancy Dis- trict require that the City o f Fort Collins enter into temporary use permit agreements with said District for the transfer of said water; and WHEREAS, the Northern Colorado Water Conservancy District has submitted approp- riate forms of temporary use permit agreements to..be entered into by the City of Fort Collins. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the Mayor and Ci.ty Clerk be and they hereby are authorized and directed to apply for the temporary use of said 10 acre feet of water by entering into temporary use permit agree- ments with the Northern Colorado Water Conservancy District. Passed and adopted at a regular meeting of the City Council held this 27th day of June, A. D. 1968. /s/ Karl E. Carson Mayor ATTEST: /s/ Miles F. House _ City Clerk Motion was made by Councilman Kissock, seconded by Councilman Bennett, that this resolution be adopted. Roll was called resulting as follows: Ayes: Councilmen Kissock, Kruchten and Bennett. Absent: Councilmen Carson and Troxell, excused. Nayes None. The President declared the motion adopted. The City Attorney reported on the law suit which had been refiled, being Civil Action No. 17575, in the District Court, filed by Fort Collins -Loveland Water Water Distric and the East Larimer County Water District contesting the annexation of the Southwest Jr. High property. He stated that the School Board and the City wished to enter into an agreement for the continuing service of water to the Blevins Jr. High School and also to provide for re -annexation of such property in case the District Court ruled the annexation invalid. The following resolution was presented and read at length: RESOLUTION l6' OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING AN AGREEMENT TO BE ENTERED INTO WITH POUDRE SCHOOL DISTRICT NO. R2 IN THE COUNTY OF LARIMER AND STATECF COLORADO WHEREAS, heretofore Poudre School District No. RI petitioned the City to annex certain property upon which is situated the Blevins Junior High School, and WHEREAS, such annexation was completed and in reliance thereon the City of Fort Collins and Poudre School District No. RI negotiated for the service of water to said pro- perty, and WHEREAS, the validity of each annexation has been questioned by Civil Action No. 17575 in the District Court in and for Larimer County, Colo ado, and WHEREAS, Poudre School District No. RI and.the City.of of Fort Collins desire to provide for the possibility that such annexation may be determined invalid and each of the parties feels that the negotiations for water were conduted in good faith and on the basis of a valid annexation and the service of such water and the rates to be charged therefor 117 June 27, 1968 should not be affected by the outcome of such litigation; and in addition the Poudre School District No. RI desires to achieve a valid annexation in the event the annexation already completed is not determined to valid, and WHEREAS, an agreement has been prepared providing for the continued service of water to such school in the event that the annexation is determined invalid and providing further for the reannexation of such property in such event, which agreement has been approved by the City Attorney and the City Manager. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the terms and conditions of said agreement be and the same hereby are accepted and approved and BE IT FURTHER RESOLVED, that the Mayor and City Clerk be and they hereby are authorized 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 City Council held this 27th day of June, A. D. 1968. ATTEST:'.: /s/ Karl'E. Carson /s/ Miles F. House City Clerk Motion was made by Councilman Kissock, seconded by Councilman Bennett, that this resolution be adopted. Roll was called resulting as follows: Ayes: Councilmen Kissock, Kruchten and Bennett. Absent: Councilmen Carson and Troxell, excused. Nayes: None. The President declared the motion adopted. The following petition was presented and read at length: PETITION TO: The City Council of the City of Fort Collins Fort Collins, Colorado Gentlemen: The undersigned being the owner of the lands ad# ning the hereinbelow described streets in the City of Fort Collins hereby petitions the City Council of the City of Fort Collins to vacate the following streets: The Wl,� of Fifth Avenue and the E>g of Fourth Avenue adjoining Block 21, Riverside Park, a subdivision in the City of Fort Collins, Colorado, and the alley in Block 21 of said Riverside Park Subdivision. And as grounds therefore the undersigned state that said streets have never been opened to public use and are not needed to provide access to any property.' /s/ Henry Saxen Mrs. Mary Saxen STATE OF COLORADO) ) ss. COUNTY OF LARIMER) The foregoing instrument was acknowledged before me this 27th day of June, A. D. 1968, by Henry Saxen and Mary Saxen. My Commission expires: May 26, 1969• /s/ John -David Sullivan Notary Public Motion was made by Councilman Kissock, seconded by Councilman Bennett, that this petition be referred to the Directorcf Public Works for investigation and report. Roll was called resulting as follows: Ayes: Councilmen Kissock, Kruchten and Bennett. Absen Councilmen Carson and Troxell, excused. Nayes: None. The President declared the motion adopted. Motion was made by Councilman Kissock, seconded by Councilman Bennett, that the Council adjourn. Roll was called resulting as follows: Ayes: Councilmen Kissock, Kruchten and Bennett. Absent: Councilmen Carson and Troxell, excused. Nayes: None The President declared the motion adopted and the Council adjourned. ssisLanti mayor, ATTEST: y