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HomeMy WebLinkAboutMINUTES-09/12/1968-Regular163 September 12, 1968 MINUTES OF A REGULAR MEETING OF THE COUNCIL OF THE CITYCF FORT COLLINS, Held Thursday, September 12, 1968, at 1:30 o'clock P.M. Present: Councilmen Carson, Troxell, Kissock, Kruchten and Bennett. City Manager Coffey, City Attorney March and Director of Public Works Liquin. Motion was made by Councilman Kruchten, seconded by Councilman Bennett, that the reading of the minutes of the last regular meeting held September 5, 1968, be dispensed with. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Kissock, Kruchten and Bennett. Nayes: None. The President declared the motion adopted. The following resolutionras presented and read at length: 0" RESOLUTION 1, ,63 OF THE COUNCIL OF THE CITY OF FORT COLLINS GIVING NOTICE CONCERNING A PROPOSED ORDINANCE AMENDING SECTIONS 19-29, 19-30 and 19-44 OF THE CODE OF ORDINANCES OF THE CITY OF FORT COL COLORADO, 1958, AS AMENDED, RELATING TO UNIT DEVELOPMENTS UNDER THE ZONING ORDINANCE. WHEREAS, the Planning and Zoning Board has made a study and has recommended that the Zoning Ordirance be amended to allow planned unit developments in all residence zones under the zoning,.ordinance, and WHEREAS, the proposed ordinance to permit unit developments in all such residence zones has been prepared and the City Council desires to hold a public hearing on said ordinance, and WHEREAS, such ordinance.would amend Sections 19-29-19-30, 19-31, 19-32 and 19-44 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 October 3, 1968, at 1:30 P.M. or as soon thereafter as the matter may come on for hearing in the Council Chambers of the City Hall of the City of Fort Collins is hereby set as the time and place for a public hearing on said proposed ordinance amending the Zoning Ordin2ncE and BE IT FURTHER RESOLVED that the City Clerk is hereby instructed to publish a notice of said hearing as provided in Section 19-46.1 (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 mEntingof the City Council held this 12th day of September, A. D. 1968. Karl E. Carson Mayor ATTEST: /s/ Miles F. House City Clerk ~� Motion was made by Councilman Kruchten, seconded by Councilman Troxell, that this resolution be adopted. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Kissock, Kruchten and Bennett. Nayes: None. The President declared the motion adopted. The following resolution was presented and read at length: 1-) ' RESOLUTION ot-�,4 OF THE COUNCIL OF THE CITY OF FORT COLLINS GIVING PUBLIC NOTICE CONERNING A PROPOSED ORDINANCE CHANGING THE ZONING MAP OF THE CITY OF FORT COLLINS AMENDING CHAPTER 19 OF THE CODE OF ORDINANCES OF THE CITY OF FORT COLLINS, COLOUDO 1958, AS AMENDED, COMMONLY KNOW14 AS THE ZONING ORDINANCE WHEREAS, a written petition has been presented to the Oity CoLmil requesting that the zoning classification for the property more particularly described inthe "Notice of Public Hearing" attached hereto be changed from R-L Low Density Residential District to R-M, Medium Density Residential 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 Collins, 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 October 3, 1968, at 1:30 P.M., or assoon 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 rezoningrequest; and 164 September 12, 1968 BE IT FURTHER RESOLVED that the City Clerk is hereb instructed to publish a notia�;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 12th day of September, A. D. 1968. s/ Karl E. Carson Mayor ATTEST: /s/ Miles F. House_ _ City Clerk Motion was made by Councilman Bennett, seconded by Councilman Kissock, that this resolution be adopted. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Kissock, Kruchten and Bennett. Nayes: None. The President declared the motion adopted. This being the date to which the report of the Planning and Zoning Board on the petition to vacate Remington Street between Springfield Drive and Dartmouth, was tabled to, motion was made by Councilirman,Bennett, seconded by Councilman Kissock, that the report be placed before the Council for consideration. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Kissock, Kruchten and Bennett. Nayes: None. The President declared the motion adopted. �o The City Manager stated that he had a conference with Mr. Rauch's Attorney, Gene Fischer, in relation to this requested vacation and that he suggested that rather than have the petition for vacation denied, that Mr. Rauch consider the possibility leasing this property at a lease figure to accomplish that which he is asking the vacation for at this time. It appears that Mr. Rauch wishes to fence the entire property upon which he has an auto sales lot in order to gotect the cars parked thereon from vandals and others. The City Manager advised Mr. Fischer that he was sure a lease could be worked out until such a time a definite decision could be made regarding Remington Street. He recommended the acceptance of the Planning and Zoning report. Motion was made by Councilman Bennett, seconded by Councilman Kruchten, that the Council accept the recommendation of the Planning and Zoning Board. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Kissock, Kruchten and Bennett. Nayes: None. The President declared the moti n adopted. The matter of the report of the Planning and Zoning Board on the petition of Robert T. Smith for rezoning some 1.4 acres of land which was tabled to this week, was presented. Motion was made by Councilman Kruchten, seconded by Councilman Troxell, that the report be placed before the Council for consideration. Roll was called resulting as follows: Ayes: Councilmen Carson, roxell, Kissock, Kruchten and Bennett. Nayes: None. The President declared the motim:adopted. Mr. Gene Allen, Planning Consultant, was present and stated that the County Planning Board and County Commissioners were in the process of studying a rezoning of the adjoining property of which this is a portion and he requested that the Council table the report indefinitely until such a time that the zoning of the other part of this property has been developed by the County Planning Board and Commissioners. Motion was made by Councilman Kissock, seconded by Councilman Bennett, that this report be tabled indefinitely. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Kissock, Kruchten and Bennett. Nayes: None. The President declared the motion adopted. The following communication was presented and read at length: September 9, 1968 165 September 12, 1968 TO: 1\� Honorable Mayor andCouncil Members THROUGH: Tom Coffey, City Manager FROM: Stanley R. Case, Director of Utilities. SUBJECT: Revision No. 5 to Exhibit A USBR Power Contract No. 14-06-700-6155 The attached is the standard six-month change in the contract rate of delivery of electrical power from the US Bureau of Reclamation and represents the changes necessary to meet our anticipated demands for the coming six month's winter season. The quantities listed have been computed and worked out jointly by USBR and Fort Collins Light and Power engineers and meets with the approval of both parties con- cerned. It is recommended that the Council approve and authorize the Mayor to execute Revision No. 5 of Exhibit A, USBR Contract No. 14-06-7ee-6155. /a/ STanley R. Case Attached to this communication were copies of the proposed revision No. 5 to Wholesale Exhibit A USBR/Power Contract No. 14-o6-700-6155, dated February 25, 1966. Mr. Case stated that this is the regular revision as to the anticipated attempt of the City of Fort Collin s for the six months wirier season from the Bureau Reclamation Project and requested approval and authority for the Mayor and City Clerk to execute the revision con tract. Motion was made b y Councilman Kissock, seconded by Councilman Bennett, that the revision power No. 5 to Exhibit A of USBR/contract 14-06-800-6155 be approved, and the Mayor and City Clerk authorized to execute said agreement. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Kissock, Kruchten and Bennett. Nayes: None. The President declared the motion adopted. The matter of the sale of a triangular piece of property in St. Vrain Subdivision which was tabled for further consideration at last weeks meeting, was placed before the Council for consideration by a motion of Councilman Bennett, seconded by Councilman Krucht Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Kissock, Kruchten and Bennett. Nayes: None. The President declared the motion adopted. An appraisal by Mr. Charles Rhoades of this property, stated tht the estimate of the appraisal was .35� a square foot or approximately $125.00. Mr. Rauch has prev- iously payed paving expense equivalent of $3000.00 and the appraisor stated that as he has invested a considerable amount of money in this property in the pavig, he believed that an offer of $300.00 to $250.00 would be fair to all parties concerned. The following resolution waw presented and read at length: \'1-1 RESOLUTION OF THECOUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE SALE OF CERTAIN REAL ESTATE OWNED BY THE CITY. WHEREAS, the City of Fort Collins is the owner of that certain real estate more particularly described as situate in the County of Larimer, State of Colorado, to-wit: A tract of land situate in the Sly of the NW4 of Section 24, Township 7 North, Range 69 West of the 6th P.M., Fort Collins, Colorado, which considering the West line of the said NW4 as bearing N. 00007' E. and with all bearings contained herein relative thereto is contained within the boundary lines which begin at the SE corner of Tract Two of the Replatof Block 2 and Lots 1 to 7 inclusive of Block 1 of the St. Vrain Subdivision, Fort Collins, Colorado and run thence N. 81049' E. 54.28 feet; thence N. 23°53' W. 123.51 feet; thence along the are of a 387.18 foot radius curve to the right a distance of 162.18 feet, the long chord of which bears N. 11°53' W. 161.00 feet; thence along the Easterly line of said Tract Two, S. 00007' w. 63.13 feet and again along the arc of a 432.79 foot radius curve to the left a distanceof 162.09 feet, the long chord of which bears S. 10°36' 45" E. 161.14 feet and again S. 00°07' W. 56.70 feet to the point of beginning, containing 5521 square feet. and WHEREAS, said property is not used nor intended to be used for municipal pur- poses nor secured for the purpose of being used formunicipal purposes and it is for the bestinte-rest of the City ofFort Collins that said property be sold, and WHEREAS, Jack Rauch has offered to purchase said property from the City of Fort Collins at a price of $25C.00. 166 September 12, 1968 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS° that the offer of Jack Rauch to purchase said property be and the same hereby is accepted, and B-E IT FURTHER RESOLVED that the Mayor and City Clerk be and they hereby are authorized and directed to convey said property for and on behalf of the City ofFort Collins. Passed and adopted at a regular meeting of the City Council held this 12th day of September, A. D. 1968. /s/ Karl E. Carson Mayor ATTEST: /s/ Miles F. House _ City Clerk "-- Motion was made by Councilman Troxell, seconded by Councilman Kruchten, that this resolution be adopted'_ Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Kruchten, Kissock and,Bennett. Nayes: None. The President decla the motion adopted. The matter of approval of a joint pole line agreement to be entered into with the C & S Railway Company and Western Union Telegraph Company}ay the following resolution: \w RESOLUTION t� ° OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING A JOINT POLE LINE AGREEMENT TO BE ENTERED INTO WITH THE COLORADO AND SOUTHERN RAILWAY COMPANY AND WESTERN UNION TELE— GRAPH COMPANY WHEREAS, the Colorado and Southern Railway Company, the Western Union 7blegraph Company and the City of Fort Collins entered into a joint pole line agreement on October 15, 1941, which was amended by a supplemental agreement dated October 15, 1959; and WHEREAS, it is necessary for the City of Fort Collins to acquire additional circuits on the pole line; and WHEREAS, an agreement has been prepared providing for such additional circuits, which said agreement will supersede the agreement of October 15, 1941, as amended; and WHEREAS, said proposed joint pole line agreement has been approved by the City Manager, the Director of Public Utilities and the City Attorney; and WHEREAS, it is the opinion of the City Council that it will be for tle,best intere: of the City of Fort Collins to enter into said proposed agreement. 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 BENT further resolved that the Mayor and City Clerk be and they hereby are authorized and directed to execuye 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 12th day of September, A. D. 1968. /s/ Karl E. Carson ATTEST: s/ Miles F. Hou Motion was made by Councilman Bennett, seconded by Councilman Kruchten, that this resolution be adopted. Roll was called resulting as follows: Ayes: Councilmn Carson, Troxell, Kissock, Kruchten and Bennett. Nayes: None. The President declared the motion adopted. \•� The City Manager advised the Council that there was an item referred to the Personnel which should be presented to them in executive session and requested a recess for same. The Mayor declared a recess at 1:57 P.M. The Council returned to the Council table at 2:09 P.M. and the Mayor declared Council in session. He asked the City Manager to explain the personnel matter which had been presented to them. The City Manager stated tPB t the problem presented to the Council comes under Section 10 of Article 4 of General Provisions of the City Charter and which was, "Discharge of Employees". No person who has been in the full time employ of the City for ten consecutive years and who is ;s 1 67 September 12, 1968 within 5 years of qualifying for retirement under whatever public retirement plan may apply to his particular case shall be discharged without approval of the Council. The employee in this matter has been an employee of the City for 18 years or more and he is 633ears old, thereby qualifying under the terms of this section. Motion was made by Councilman Bennett, seconded by Councilman Kruchten, that the Council grant permission to the City Manager to act under the above Section of the City Charter. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Kissock, KruchtEn and Bennett. Nayes: None. The President declared the motion adopted. Under comments by members of the Council, Councilman Kruchten referred to a statement that the paper made as being a quote from=his remarks at the Council meeting of September 5, 1968, be read from a transcription taken from the tape of the Council meeting of September 5, 1968. The remarks made by himself in reference to the Cat Ordinance and the statements of certain individuals present in the audience. He also stated that the statement which was published was attributed to Mayor Carson, but was statements made by himself. V.� The Mayor requested the approval of the Council in appointing a committee of five citizens to be known as an advisory committee on the budget and stated that he would like to have the committee present at the budget meeting to be held September 17,1 968. Motion was made by Councilman Troxell, seconded by Councilman Bennett, that the approval of an appointment of a budget advisory --committee be approved and the Mayor be authorized to appoint same. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxel Kruchten, Kissock and Bennett. Nayes: None. The President declared the motion adopted. r2v\ The Director of Public Works advised the Council that the legal department had ruled that he has the authority to grant small encroachments upon City property such as that requested at the last regular meeting by the maintenance department of Briggs Corp. Motion was made by Councilman Troxell, seconded by Councilman Bennett, that the Council adjourn. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Kissock, Kruchten and Bennett. Nayes: None. The President declared the motion adopted and the Council adjourned. ayo ATTEST: