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HomeMy WebLinkAboutMINUTES-02/15/1968-Regular11 February 15_,_1.9.68 MINUTES OF A REGULAR MEETING OF THE COUNCIL OF THE CITY OF FORT COLLINS, Held Thursday, February 15, 1968, at 1:30 o'clock P.M. Present: Councilmen Bennett, Carson, Kissock and Kruchten. City Manager Coffey, City Attorney March and Director of Public Works Liquin. Absent: Councilman Troxell, excused. Motion was made by Councilman Carson, seconded by Councilman Kissock, that the reading of the minutes of the last regular meeting held February 8, 1968, be dispensed with. Roll was called resulting as follows: Ayes: Councilmen Bennett, Carson, Kissock and Kruchten. Absent: Councilman Troxell, excused. Nayes: None. The President declared the motion adopted. The officer of the month award was granted during the past week and Officer Kenneth Murray of the City Police Department was the recipient of the same. Reverend Keith W. Spahr, Police Department Chaplain, who acts for and in behalf of the City of Fort Collins and the Evangelical United Brethren Church Youth Fellowship are the sponsors of the award, made the statement that Officer Murray received two nominations for the award this month. He stated that one of the nominations was the general over all efficient, everyday job , with the highest degree of desire, enthusiasm and initiative in performing his duties. The other nomination of the award was given for the action that Officer Murray performed while on routine patrol. It states that he observed a reportedly stolen car, pursued this vehicle, chased the driver on foot after he fled the vehicle, and in the end result, apprehended the driver and his two accomplices. Mrs. Murray was present for the presentation. After the presentation, Mayor Bennett stated to Officer Murray, that the Council and City were very proud of the work he has been doing and the fact that he Pas received the officer of the month award. The following ordinance was presented on second reading: ORDINANCE NO. 6, 1968 BEING AN ORDINANCE AMENDING ORDINANCE NO. 58, 1967, (THE CITY OF FORT COLLINS RETAIL AND USE TAX ORDINANCE) EXEMPTING FROM THE CITY SALES TAX AND USE TAX SALES AND PURCHASES OF FEED AND FEED SUPPLEMENTS FOR LIVESTOCK OR POULTRY° SEEDS, ORCHARD TREES, FERTILIZERS, AND DRUGS FOR LIVESTOCK OR POULTRY. Motion was made by Councilman Kruchten, seconded by Councilman Kruchten, seconded by Councilman Kissock, that this Ordinance be adopted and become a law upon passage. Roll was called resulting as follows: Ayes: Councilmen Bennett, Carson, Kissock and Kruchten. Absent: Councilman Troxell, excused. Hayes: None. The President declared the motion adopted. The agenda called for resolution and notice of hearing on two annexations, lout the City Attorney advised the Council that it was not necessary to hold a hearing, as the petitioners are 100% owners of the property which is being petitioned for annexation. The following ordinance was presented on first reading: ORDINANCE NO. 10, 1968 BEING AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE CITY OF FORT COLLINS, C➢LORADO Motion was made by Councilman Carson, seconded by Councilman Kruchten, that Ordinance No. 10, 1968, be considered favorably on first reading, and ordered published this 15th day of February, A. D. 1958, and to be presented for final passage on the 7th day of March,= A. D. 1968. Roll was called resulting as follows: Ayes: Councilmen Bennett, Carson Kissock and Kruchten. Absent: Councilman Troxell, excused. Nayes: one. The President declared the motion adopted. The following resolution was presented and read at length: 12 Feb.r_uary 15_,_l968 The following resolution was presented and read at length: RESOLUTION OF THE COUNCIL OF THE CITY OF FORT COLLINS GIVING NOTICE CONCERNING A PROPOSED ORDINANCE AMENDING CHAPTER 19 OF THE CODE OF ORDINANCES OF THE CITY OF FORT COLLINS, COLORADO, 1958, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE, IN ORDER TO CLASSIFY FOR ZONING PUR- POWES CERTAIN PROPERTY BEING ANNEXED TO THE CITY OF FORT COLLINS WHEREAS, heretofore the City Council of the City of Fort Collins initiated annex- ation procedures for certain property known as the Second Pat Griffin Annexation to the Ci of Fort Collins more particularly described in the "Notice of Public Hearing" attached hereto; and WHEREAS, the owners of said property have petitioned that said property be includ ed partly in the B-L, Limited Business District, and partly in the C, Commercial District, under the zoning ordinance of the City ofFort Collins; and WHEREAS, the Planning and Zoning Board has made a study of said zoning request and has held a hearing and has made a report and recommendation thereof, all in accordance with Section 19-46 of the Code of Ordinances of the City. of Fort Collins, Colorado, 1958, as amended; and WHEREAS, the City Council desires to hold a hearing on said zoning request as required by said Section 19-46. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that March 7, 1968, at 1:30 P.M., or as soon thereafter as the matter may come on for '::hearing, in the Council Chambers in�the City R11 of the City of Fort Collins, is hereby set as the time and place for a public hearing on said zoning request; and BE IT FURTHER RESOLVED that the City Clerk is hereby instructed to publish a noti of said hearing as provided in Section 19-46 of ,the Code of Ordinances of the City of For Collins, 1958, as amended, in the form attached hereto. Passed and adopted at a regular meeting of the City Council held this 15th day of February, A. D. 1968. /a/ Thomas W. Bennett Mayor ATTEST: /s/ Miles F. House City Clerk Motion was made by Councilman Kruchten, seconded by Councilman Kissock, that this resolution be adopted. Roll was called resulting as follows: Ayes: Council- men Bennett, Carson, Kissock and Kruchten. Absent: Councilman Troxell, excused. Nayes: None. The President declared the motion adopted. The following ordinance was presented on first reading: ORDINANCE NO. 11, 1968 BEING AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE CITY OF FORT COLLINS, COLORADO Motion was made by Councilman Kruchten, seconded by Councilman Carson, that Ordinance No. 11, 1968, be considered favorably on first reading, and ordered published this 15th day of February, A. D. 1968, and to be presented for final passage.'on the 7th da of March, A. D. 1968. Roll was called resulting as follows: Ayes: Councilmen Absent: Councilman Troxell, excused. Bennett, Carson, Kissock and Kruchten. / Nayes: None. The President declared the motion adopted. The following resolution was presented and read at length: RESOLUTION L4A OF THE COUNCIL OF THE CITY OF FORT COLLINS GIVING NOTICE CONCERNING A PROPOSED ORDINANCE AMENDING CHAPTER 19 OF THE CODE OF ORDINANCES OF THE CITY OF FORT COLLINS, COLORADO, 1958, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE, IN ORDER TO CLASSIFY FOR ZONING PUR- POSES CERTAIN PROPERTY BEING ANNEXED TO THE CITY OF FORT COLLINS :WHEREAS, heretofore the City Council -of -the. City of Fort Collins initiated annex- ation procedures for certain property known as the Pierce 'Second Annexation to,,the City of Fort Collins more particularly described in the "Notice of Public Hearing" attached hereto, and WHEREAS, the owners of said property have petitioned that said property be in - eluded in the R-L, Low Density Residential District, and 1e February 15, 1968 WHEREAS, the Plamning and Zoning Board has made a study of said zoning request and has held a hearing and has made a report and recommendation thereof, all in accordance with Section 19-46 of the Code of Ordinances of the City of Fort Collins, Colorado, 1958, as amended, and WHEREAS, the City Council desires to hold a hearing on said zoning request as required by said Section 19-46. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that March 7, 1968, A. D., at 1:30 P.M. or as soon thereafter as the matter may come on for hearing, in the Council Chambers in the City Hall of the City of Fort Collins, is hereby set as the time and place for a public hearing on said zoning request; and BE IT FURTHER RESOLVED that the City Clerk is hereby instructed to publish a not- ice of said hearing as provided in Section 19-46 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 15th day of February, A. D. 1968. /s/ Thomas W. Bennett Mayor ATTEST: /a/ Miles F. House City Clerk Motion was made by Councilman Carson, seconded by Councilman Kruchten, that this resolution be adopted. Roll was called resulting as follows: Ayes: Councilmen Bennett, Carson, Kissock and Kruchten. Absent: Councilman Troxell, excused. Nayes: None. The President declared the motion adopted. The following resolution was presented and read at length: RESOLUTION ; +,If OF THE COUNCIL OF THE CITY OF FORT COLLINS GIVING NOTICE CONCERNING A PROPOSED ORDINANCE AMENDING CHAPTER 19 OF THE CODE OF ORDINANCES OF THE CITY OF FORT COLLINS, COLORADO, 1958, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE, IN ORDER TO CLASSIFY FOR ZONING FUR- PPSES CERTAIN PROPERTY BEING ANNEXED TO THE CITY OF FORT COLLINS WiEREAS, heretofore the City Council of the City of Fort Collins initiated annex- ation procedures for certain property known as the Pierce Second Annexation to the City of Fort Collins more particularly described in the "Notice of Public Hearing" attached hereto, and WHEREAS, the owners of said property have petitioned that said property be includ- ed in the R-L, Low Density Residential District, and WHEREAS, the Planning and Zoning Board has made a study of said zoning request a-d and has held a hearing and has made a report and recommendation thereof, all in accordance with Section 19-46 of the Code of Ordinances of the City of Fort Collins, Colorado, 1958, as amended, and WHEREAS, the City Council desires to hold a hearing on said zoning request as quired by said Section 19-46. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that arch 7, A. D. 1968, at 1:30 P.M., or as soon thereafter as the matter may come on/for earing, in the Council Chambers in the City Hall of the City of Fort Collins, is hereby et as the time and place for a public hearing on said zoning request; and BE IT FURTHER RESOLVED that the City Clerk is hereby instructed to publish a tice of said heEring as provided in Section 19-46 of the Code of Ordinances of the City of rt Collins, Colorado, 1958, as amended, in the form attached hereto. Passed and adopted at a regular meeting of the City Council held this 15th dayof bruary, A. D. 1968. TTEST : Miles F. House y Clerk /s/ Thomas W. Benrett Mayor Motion was made by Councilman Kissock, seconded by Councilman Carson, that this esolution be adopted. Roll was called resulting as follows: Ayes: Councilmen Absent: Councilman Troxell, excused. ennett, Carson, Kissock and Kruchten. / Nayes: None. The President declared the m(r):t dopted. The matter of the bids on the three -wheel Motorcycle which was tabled from the last meeting of the Council, was brought before the Council by the City Manager. In his report to the Council, he stated that he had analyzed the the cost of the Harley Davidson 1.4 February 15 , 1968 against the Cushman, analyzed the depreciation rate, analyzed the cost per mile per oper- ation, e tc., and he found that the Harley-Davidson three -wheel motorcycle was the best over a period of time. After further discussion between the City Manager and the Council members, motion was made by Councilman Carson, seconded by Councilman Kruchten, that the recommendations of the City Manager be accepted and the purchase of a Barley -Davidson motorcycle be approved. Roll was called resulting as follows: Ayes: Councilmen Bennett, Carson, Kissock and Kruchten. Absent: Councilman Troxell, excused. Naye: None. The President declared the motion adopted. The City Manager advised the Council hat he had received an offer to sell Buckingham park property to the City andafter several meetings, in which the price was negotiated, the Great Western Sugar Company's offer to sell at $2,500 per acre for the 5 3/4 acres in the property. The City Manager said that in his estimation, it was too much money for that property. He advised the Council that there should be a park some- where in that neighborhood but there were other places that might be obtained to establish such a park land than to pay that price of $2,500 per acre for that location. The Council discussed the matter with him and the matter was left open for further discussion. The City Manager said he had received a $6,500.00 offer for the re'.maining house at 208 South Sherwood Street where the Light and Power Department purchased property for a substation with the sale of the larger house at 212 South Sherwood for $11,000.00, and this one at $6,500.00. After paying the cost of closing, the substation site would be obtained at approximately a cost of $5,000.00. Aftersome discussion, motion was made by Councilman Carson, seconded by Councilman Kruchten, that the City Manager and the City Attorney be authorized to proceed with the sale of the house at 208 South Sherwood at the offered price of $6,500.00. Roll was called resulting as follows: Ayes: Councilmen Bennett, Carson, Kissock andKruchten. Absent: Councilman Troxell, excused. Nayes: None. The President declared the motion adopted. The City Attorney advised the Council that he was ready to report and present a digest of opinion of the legality of private sessions of the members of the Council, in- asmuch as the editorial sections of the Fort Collins Coloradoan have made such vitriolic adusatiom about the Council meeting in discussion sessions. The following opinion was read by the City Attorney for entry in the minutes of the Council meeting of February 15, 1968: February 14, 1968 Mayor and City Council City of Fort Collins, Colorado Re: DiLgest of Opinion Gentlemen: You have requested an opinion regarding the legality of private sessions of mem- bers of the City Council. Such opinion has been prepared and copies of the opinion have been furnished to members of the Council. Copies are also available to any interested person. Because of the length of our opinion, the following digest has been prepared. Questions to be answered: Are the members of the City Council prohibited from ieeting in closed session if such members do not convene themselves together as the City Council or attempt to take any official action as the City Council? Answer: Such meetings are not only not prohibited, but in fact may be necessary or required. Sources researched in reaping opinion: Charter of City of Fort Collins, Ordi- nances of Citycf Fort Collins, McQuillan on Municipal Corporations, Antieou, Municipal Corporation Law, and general case law. Basic reasoning behind opinion: The City's Charter requires "Meeting" of the Council to beopen to the public. T4is provision refers only to formal regular or spec- ial meetings of the City Council. It does not include private sessions not intended a formal council meetings. The members of the Council are required to obtain information on many matters in order to perform their official functions and many of such 15 February 15__1968 matters must be kept confidential. Some obvious examples of such confidential matters are locations of proposed land acquisitions, negotiations on lawsuits in which the City is involved, and personnel matters. Respectfully submitted, /s/ Arthur E. March City Attorney The City Manager advised the Council, that due to the fact that next Thursday is Washington's Birthday and a legal holiday, that the regular Council meeting would have to be held on Wednesday, February 21, 1968 at 1:30 o'clock P.M., in the Council chambers of thb. City Hall. Motion was made by Councilman Carson, seconded by Councilman Kruchten, that the meeting adjourn to Wednesday, February 21, 1968, at 1:30 P.M. in the Council Chambers of the City Hall. Roll was called resulting as follows: Ayes: Councilmen Bennett, Carson, Kissock and Kruchten. Absent: Councilman Troxell, excused. Nayes: None. The President declared the motion adopted and the Council adjourned to Wednesday, February 21, 1968. ATTEST: