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HomeMy WebLinkAboutMINUTES-02/20/1969-Regular265 February 20, 1969 MINUTES OF A REGULAR MEETING OF THE COUNCIL OF THE CITY OF FORT COLLINS, Held Thursday, February 20, 1969, 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 February 13, 1969, 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. Joy An easement for a gas line submitted by Public Service Company to serve the Soldier Canyon water treatment plant, was presented. Motion was made by Councilman Bennet seconded by CQouncilman Kruchten, to approve this easement and tYe Mayor and City Clerk be authorized to execute the forms. 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: RESOLUTION 69-Id OF THE COUNCIL OF THE CITY OF FORT COLLINS APPRO-VING AN AGREEMENT TO BE ENTERED INTO WITH BOULDER FIRE CONTROL PRODUCTS, INC. WHEREAS, the Chief of the Fire Department and the Chief of the Police Department have recommended to the City Council that a system be installed for the receipt of fire alarm signals and burglar alarm signals by the Police Department and Fire Department and WHEREAS, Boulder Fire Control Products, Inc. has agreed to install such a system for the City and to permit citizens of the City to connect to such system at rates which are consistent with the normal charges for such service and which appear to the City Council to be reasonable, and WHEREAS, such installation will be without charge to the City of Fort Collins snc the equipment to be installed will remain the equipment of Boulder Fire Control Products, Inc. and Boulder Fire Control Products, Inc. will be responsible for the collection of all of its charges for connecting to such equpment, and WHEREAS, a p'..vposed agreement has been prepared providing for such equipment which agreement has been approved by the City Manager and the City Attorney, and WHEREAS, in the option of the option of the City Council it is in the bestinteres of the City of Fort Collins to enter into said 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 BE IT FURTHER RESCEVED THAT THE Mayor and City Clerk be and they hereby are auth- orized 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 20th day of February, A. D. 1969. yor ATTEST: /s/ John -Bartel City Clerk 1 E. Carson Motion was made by Councilman Troxell, 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. The following application for annexation was presented and read at length: PETITION FOR ANNEXATION The undersigned hereby petition the Council of the City of ivort Collins for the annexation of the below described property to the City of Fort Collins, Colorado. t A tract of land situate in the County of Larimer, State of Colorado, to:wit: A part of the Nl:: of Section 30, Township 7 North, Range 68 West of the 6th P.M., which considering the North line of the NW4 of said Section 30 as bearing S. 89°47' E. and with 266 Februa.r_y 2.0-,_1.9.69 all bearings contained herein relative thereto, begins at the N4 corner of said Section 30 and run thence N. 89030"51' E. 981.00 feet along the North line of the NE4 of said Section 30; thence S. 20052' E. 283.00 feet; thence S. 1602)' E. 200.00 feet; thence S. 10°00'w. 106.00 feet; thence S. 34°30' W. 250.00 feet; thence S. 02004' E. 96.00 feet; thence S. 12050' E. 110.96 feet; thence S. 28°20' E. 110.00 feet; thence S. 63033, E. 130.00 feet; thence S. 05058'44" W: 149.02 feet; thence N. 12°19' W. 66.32 feet; thence N. 38026, ,w. 164.80 feet; thence N. 40015' W. 142.88 feet; thence N. 51°12' W. 83.71 feet; thence N. 61047' W. 115.28 feet, thence N. 77°37' W. 129.36 feet; thence S. 88°19' W. 134.44 feet; thence S. 46°06' W. 133.57 feet; thence N. 81°54' W. 142.73 feet; thence S. 47°36' W. 178.09 feet thence S. 27°09' W. 89.68 feet thence S. 54°29' W. 93.18 feet; thence S. 85°40' W. 29.61 feet; thencd N. 00°18' 25" W. 1106.73 feet; thence N. 8p047, W. 1296.39 feet; thence N. 00°15'03" E. 50.00 feet to the North line of the NW'-4 of said Section 30; thence along said North line S. 89°47' E. 1295.90 feet to the point of beginni containing 24.1268 acres, more or less. 1. It is desireable and necessary 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 beurbanized in the near future, and said property is integrated or is capable of.being integrated with the City of Fort Collins. 4. The signers of this peti.tion 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-P, Planned 4esidential District under the zoning ordinance. /s/ Harold H. Miller, Pres. Gerald R. Hatton, Sec'y 1025 Lemay 2/12-69 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, Troxell, Kissock, Kruchten andBennett. Nayes: None. The President declared the motion adopted. The following petition for rezoning was presented and read at length: PETITION AND APPLICATION FOR REZONING STATE OF COLORADO) ( as. COUNTY OF LARIMER) TO THE CITY COUNCIL OF THE CITY OF FORT COLLINS, COLORADO. \ eti Gentlemen: We, the undersigned, being the owners of 50% of the following described property, situate in the City of Fort Collins, County of Lar.imer, State (bf Colorado, to -wit: Startine at the N4 Cor, Section 19, T7N, R. 69 W, 6th P.M., thence N. 88059140" E. 650.79'; thence S. 01000'29" E. 50.00' to the Point of Beginning; thence S. 00000100" E. 136.30'; thence S. 53031115" E. 167.53'; thence S. 24000100" E. 125.00'; thence N. 74036'4o" 159.78'; thence S. 09°58'2O" E. 130.581; thence S. 74036'40" W. 471.201; thence N. 79016'50" W. 13.00 '; thence N. 1°00'2O" W. 556.991; thence N. 88°59'40" E. 114.66, to the Point of Beginning, containing 3.153 acres more or less; do respectfully petition and request that the City Council amend the zoning ordinance of the City of Fqt Collins by changing said above described land from R-L zone to R-M zone. Also starting at the N4 cor. Sec. 19, T7 N, R. 69 w. 6th P.M., thence N. 88°59'40" E. 650.7 E. 650.79 feet; thence S. 01°00120" E. 50.00 feet to the Point of leginning; thence S. 00000'00" E. 136.30 feet; thence S. 53031115" E. 167.54 feet; thence S. 24°00100" E. 125.90 feet;.thence N. 74036'40" 159.78feet, thence N. 09058120" W. 106.86 feet; thence N. 05029120" W. 93.80 feet; thence N. 100C:29" W. 114.53; thence S. 88059'40" W. 310.16 feet to the Point of Beginning. Containing 1.957 acres, more or less, /),respectfully petition and request that the City Council amend the zoning ordinance of the City of Fort Collins by changing said above described land from R-H zone to R-M zone. Respectfully submitted, Deines Homes. Inc. /s/ Maurice L. Deines STATE OF COLORADO) ) ss. COUNTY OF LARIMER) The foregoing instrument was acknowledged before me this 17th day of February, 1969, by 'Maurice L. Deines. , jMy commission expires March 17, 1971. /s/ Charlie D. Cain Notary Public 267 February 20,_196.9 Motion was made by Councilman Kissock, seconded by Councilman Kruchten, that this petitiob be referred to the Planning and Zoning Board for their recommendation. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Kissock, Kruchten and Bennett. Nayes: None. The President declared the motion adopted. l�Z PETITION AND APPLICATION FOR REZONING STATE :` COLORADO) ) as. COUNTY -OF LARIMER) To the City Council of the CitycfFort Collins, Colorado 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: Beginning at a point 213 feet East and 30 feet South of the NW corner of Lot 14, Maynard Subdivision, nowin the City of Fort Collins, Colorado; thence South 202 feet, thence East 137 feet, thence North 202 feet, thence West 137 feet to the point of beginnin being a part of Lots 1 and 14 in said Maynard Subdivision; Note: Request for zone change applies to property as described above and is noted at .parcels 3-14 and C-14 in assessor's office. However, the attached plot plan with pro- posed multi. -unit dwelling is confined to parcel C-14, being the north one-half of the abo described property (101' x 137'). Containing 13,837 square feet 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 described land from R-M zone to R-H zone. Respectfully submitted, /s/ Mrs. M. J. Kraxberger STATE OF COLORADO) ) ss. COU NTY OF LARIMER) The foregoing instrument was acknowledged before me this 7th day of February for the purposes therein set forth. My commission expires August 12, 1972• s/ Donna G. otary Public rwood Motion was made by Councilman Bennett, seconded bj Councilman Troxell, that this petition be referred to the Planning andZoning Board for their recommendation. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Kissock, Kruchten and Bennett. Nayes: None. The President declared the motion adopted. The following report from the Purchasing Agent was submitted for materials for a sprinkler system at City Park: February 19, 1969 TO: Mr. Tom Coffey City Manager FROM: H. L. Diener Purchasing Agent SUBJECT: Sprinkler System Materials Bids for City Park We received and opened sealed bids at 2:00 P.M., February 18, 1969, covering various items of materials for the City Park Sprinkler System. Each bidder was regp ested to submit a quotation on six separate proposals. per City speci- fications. Therefore, each proposal was.evaluated.separately. Attached is the tabulati of the six. separate _proposals. We have indicated the low bid for each proposal with an asterick symbol. It is my recommendation that we accept the low bids fiom vendors as indicated on the tabu- lation. The low bids are in accordance with our specifications. BIDDER Very truly yours,;. /s/ H. L. Diener The following low t2d'ders were presented and read at length: Proposal 1 Proposal 2 Proposal 3 Proposal 4 Proposal 5 Proposal 6 is COLORADO PUMP & Supply Co. $ 166.24 $1259.10 Februarys 1969 Bidder Proposal 1 Proposal 2 Proposal 3 PrPosal 4 Proposal 5 Propos�l 6 Grinnel Company $ 1112.04 $ 99.90 Pipeline Materials, Inc $1526.51 The Warner Company $ 186.o8 Total Costs of Low Bids: $ 4349.87 Motion was made by Councilman Troxell, seconded by Councilman Bennett, that the low bidders be approved. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Kissock, Kruchten and Bennett the motion adopted. Nayes: None. The President decla The following report from the Purchasing Agent was presented and read at length: February 19, 1969 alb TO: Mr. Tom Coffey City Manager From: H. L. Diener Purccasing Agent SUBJECT: Bids for Power Cable We received and opened sealed bids at 10:00 A.M., February 19, 1969, covering 40,000 feet of #210 Overhead Power Cable. I have attached for your information a tabulation of these bids. All bids are f.o.b. destination, terms of payment net 30 days, delivery approximately eight weeks. I would like to recommend that we purchase the cable from the low bidder, GEneral Cable Corporation. Their bid is in accordance with our specifications. Very truly yours, /s/ H. L. Diener Motion was made by Councilman Kruchten, seconded by Councilma-iTroxell, that the General low bid of/Cable Corp. in the amoun t of $4.240.00 be approved. Roll was called result- ing as follows: Ayes: Councilmen Carson, Troxell, Kissock, Kruchten and Bennett. Nayes: None. The President declared the motion adopted. Mr. Gene Allen appeared in regard to a sewer line to Ladco Development Company which is located at the corner of Drake Road and South Taft Hill. After discussion, motion was made by Councilmn Bennett, seconded by Councilman Troxell, that this matter be referred to the Director of Public Works and the City Manager for their recommendation. Roll was called resulting as follows: Kruchten and Bennett. Nayes: None Ayes: Councilmen Carson, Troxell, Kissock, The President declared the motion adopted. The Chairman of the Election Board presented the following report: STATE OF COLORADO) ) ss. COUNTY OF LARIMER) We, the undersigned members of the Board of Elections, hereby certify that we have checked the petitions filed for the sale of malt, vinous and/or spiritous liquors be submitted to a vote of the people of the City of Fort Collins, Colorado, and find the following: Names on Petition 1652 Registered Electors 1096 Non -Registered Electrors 551 Improper Signatures 5 1652 We, therefor declare that there are sufficient signatures over and above the 15% required.for placing the sale of malt, vinous and/or spirituous liquors on the ballot at the General City Election to be held Tuesday, April 8, 1969. IN WITNESS WHEREOF, we have hereunto subscribed our hands and affixed the seal of the City of Fort Collins, this 19th day of February, A. D. 1969. / John Bartel airman /s/ Marion A. Knight s/ Laura A. Straub The following ordinance was presented on first reading: ORDINANCE NO. 14, 1969 .,;tom 269 February 00, 1969 BEING AN ORDINANCE SUBMITTING TO A VOTE OF THE QUALIFIED ELECTORS OF THE CITY OF FORT COLLINS THE FOLLOWING QUESTION: SHALL THE SALE OF MALT, VINOUS AND/OR SPIRITUOUS LIQUORS BE AUTHORIZED ASPROVIDED IN CHAPTER 75 ARTICLE 2 OF THE COLORADO REVISED STATUTES 1963.' AS AMENDED WITHIN THE CITY LIMITS OF THE CITY OF FORT COLLINS, COLORADO? Motion was made by Councilman Bennett, seconded by Councilman Kruchten, that Ordinance No. 14, 1969, be adopted on first reading and presented for final reading on the 13th day of March, A. D. 1969. 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: W% RESOLUTION 6fgn OF THE COUNCIL OF THE CITY OF FORT COLLINS APPOINTING MEMBERS TO THE FORT COLLINS COOR- DINATING COMMISSION FOR SENIOR CITIZENS WHEREAS, Harry Asmus and Joanne Knight have resigned as members of the Fort Collins coordinating Commission for Senior Citizens, and WHEREAS, the City. Council desires to appoint Jim Deitloff and John D. Mayer to said commission in their place, and WHEREAS, said parties have indicated they are willing to be appointed as members of said commission. NOW, THEREFORE BE IT RESOLVED GY THE COUNCIL OF THE CITY OF FORT COLLINS: THAT, Jim Deitloff be and he hereby is appointed as a member of the Fort Collins Coordinating Commission for Senior Citizens to fill the unexpired term of Harry Asmus on said commission and John.D. Meyer be and he hereby.i.s appointed as a member of the Fort Collins Coordinating Commission for Senior Citizens to fill the unespired term of Joanne Knight on said commission. Passed and adopted at a regular meeting of the City Council held this 20th day of February, A. D. 1969. /s/ Karl E. Carson Mayor ATTEST: s/ John Bartel Motion was made by Councilman Kruchten, seconded by Councilman Bennett, that this resolution be adopted. Roll was called resulting as fdloias: Ayes: Councilmen Carson, Troxell, Kissock, Kruchten and Bennett. The following resolution was presented and read at length: yob RESOLUTION 6r-i3 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPOINTING MEMBERS TO THE FORT COLLINS HUMAN RELATIONS COMMISSION WHEREAS, Wendell Nelson and Dorothy Matsushima have resigned as members of the Fort Collins Human Relations Commission, and WHEREAS, the City Council desires to appoint John Bustos and Gerald Templer to said commission in their place, and WHEREAS, said parties have indicated they are willing to be appointed as members of said commission. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS: THAT, John Bustos be and he hereby is appointed as a member of the Fort Collins Human Relations Commission to fill the unexpired term of Wendell Nelson on said commission and Gerald Templer be and he hereby is appointed as a member of the Fort Collins Human Relations Commission to fill the unexpired term of Dorothy Matsushima on said commission. Passed and adopted at a regular meeting of the City Council held this 20th day of February, A. D. 1969. /a/ Karl E. Carson Mayor ATTEST: /a/ John Bartel City Clerk u 270 The following letter was presented and read at length February 20. 1969 February 20, 1969 'L27 npike ConstructionCompany 55' Commerce Street roomfield, Colorado Gentlemen: On or about June, 1966, your company completed the construction of a water trmsmission lin for the City of Fort Collins. At the time the physical construction was completed, you were advised that'a leak existed in the line, and subsequently, $5000 was withheld from your final payment on this contract, pending the repair of the leak. Approximately a year ago, you had certain personnel on the site attempting to determine the location of the leak, and these men, in turn, were pulled off the job before any sat- isfaction was received by the City. Kindly be advised that in that this leak has not been determined and little recent action has been taken on your part to determine the location of the leak, the City, by this letter is advising you that the $5000 is being transferred into the water main maintenance fund of the City, and we will consider our contract with you terminated. In that the City is now assuming the responsibility for the leak, and when such leak is located it is anticipated that a repair clamp will be needed kindly be further advised that the City now claims ownership of the repair clamps presently stored in our warehouse. Very truly yours, /s/ Charles Liquin Director of Public Works After some discussion, motion was made by Councilman Bennett, seconded by II Councilman Troxell, that this be accepted and referred to the Public Works Department to send a copy to the Turnpike Construction Company. Roll was called resulting as follows: Ayes: Councilmen Carson, Trox�,ll, Kissock, Kruchten and Bennett. Nayes: None. The President declared the motion adopted. The following letter was presented and read at length: RALPH H. COYTE Feb. 18, 1969 Mr. John Bartel Clerk of City Council Municipal Building Fort Collins, Colorado red Dear Mr. Bartel: Lloyd E..Dixon entered into an agreement to sell the equipment_includi.ng..the building at 1991 W. Mountain Avenue in Fort Collins He had.the ground under lease from the City ofFort Collins and the provision was that Mr. Peterson was to obtain a new lease from the City of Fort Collins that would be re -assigned back to Mr. Dixon as collateral security for the balance owed to him. Later Mr. Peterson sold to Louis Bevier Spinney III and Diana D. Spinney and they obtained a new lease agreement on May 8, 1965, running to May 1, 1970, at $20.00 per month rental. This new lease aas not assigned back to Mr. Dixon as collateral. Mr. 7pinney is in default to Mr. Dixon and Mr. Dixon is taking over possession of the property that he had originally agreed to sell to Mr. Peterson and is willing to take over a new lease from the City and pay the rent that is in arrears.to Mr. '-pinney including the.whatever sales tax may.be due. The lease provides that if.there is default made in the terms that the City could cancel the same. Mr. Spinney is apparently taking out bankruptch and is not in position to deal with any of the property at thistime as far as agreeing to anything. Accordingly, I would appreciate the City terminating the.Spinney lease and executing a new lease along th same lines as the Spinney lease to Lloyd F. Dixon, 1309 Sheridan Street, Laramie, Wyoming. Mr. Dixon would then plan on reselling the business as a whole so that it could be operated as it has been or get an operator in and have the place leased. The way the thing is at the present time it creates a bad situation in that there needs to be someone regmnsible looking after the building and equipment. Yours very truly, /s/ Ralph H. Coyte After some discussion, motion was made by Councilman Kruchten, seconded by Councilman Kissock, that this matter be referred to the City Manager for negotiation and transfer of operators. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Kissock, Kruchten and Bennett. Nayes: None. The President declared the motion adopted. 271 February 20,_1969 The Mayor presented and read the following memorandum: )51' I think it is important that something additional be said at this time in commen ation of the Budget Study Committee, chaired by Mr. Mike Braden and, particularly, in appreciation of the statement rendered by the committee last week. I believe that I speak for the members of the Council when I say that that statement reflects the great care and consideration given to all of the problems facing our city as it moves to contend with the financial problems which must inevitably accompany such extensive growth as Fort Collins now experiences. I hope that our citizens who read and heard the statement(f the Budget Committee gave particulr attention to its consideration of the six alternatives for financing future growth and to the committee's conclusion of the present one percent sales tax, is, and I quote fromthat statement, "the most feasible al -A desirable method of financing municipal governmental needs, because it tends to more evenly distribute the tax burden upon those who use and benefit from services provided by the city." The qualified electors of the City of Fort Collins will have a chance to express their approval of the present sales tax at the April 8th election. I think it should be emphasized --and I particulalrly commend this comment to the attention of thenews media pre- sent-- that the matter to be voted on is not an additional sales tax, it is the cnnti.nuatio of the one cent tax enacted by the City Council in 1967. What can your City Council do if this tax is defeated? We will of course have to look to the already harassed property owner and increase his taxation to the fullest extent allowable under the limitations of our city charter. This will raise the city mill levy 50 percent, and even this wouldn't be enough to replace the revenues we have gained in our first test year under the one cent tax, the alternatives of the other discriminatory taxes which could be imposed are distasteful to all of us. The remaining alternatives must surely take us in a direction which we are most reluctant to see Fort Collins go. This is the elimination of capital expenditures and the curtailment of services. This is the severest tax of all-- the tax of inedaquacy. One day we must surely deal with the needs.of an increasing population and here again, I quote frn the Budget Committee's statement "some postponement of improvements has been done in the past and the evenual result.of returning to this policy is that considerable funds become needed in an attempt to catch up'with population." When we talk about the benefits of the one cent tax we are not talking about the( or projection. During the 11 months pf calander 1968 during which the sales tax was collected,revenues yielded totaled $632.575• This intake into the City's general fund was spread over the broadest taxing base ever established to generate city income. The character of the need and of the demands of the citizens for our city ser- vices is -radically changing in direct proportion to our rate of growth. The concluding statement in the Budget Committee's report of last week bears reemphasis in this regard, it said, "It no longer seems reasonable to ask only those who own real property to carry the tax burden for the support of facilities which are available to all citizens." I believe that your City Council has presented --has taken out on approval, if you will-- the most reasonable available alterative and I hope.and trust that it will be reviewed and recommended for continuation by this Council on April 8th. Motion was 1gade by Councilman Bennett, seconded by Councilman Kruchten, that the Council adjourn. Roll was called resultinges_follows: Troxell, Kissock, Kruchten and Bennett. Nayes: None motion adopted and the Council adjourned. TTEST: y ule Ayes: Councilmen Carson, The President declared the