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HomeMy WebLinkAboutMINUTES-06/05/1969-Regular351 MINUTES OF A REGULAR MEETING OF THE COUNCIL OF THE CITY OF FORT COLLINS Held Thursday, June 5, 1969, at 1:30 o'clock P.M. Present: Councilmen Carson, Troxall, Lopez, Kissock and Kruchten , City Manager Coffey, City Attorney March, Jr. 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 May 22, 1969, be dispensed with. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez, Kissock and Kruchten. Nayes: None. The Mayor declared the motion adopted. The following proclamation was presented and read at length: PROCLAMATION WHEREAS: Little League Baseball is symbolic of America and the highest concepts of democracy, citizenship and teamwork, and WHEREAS, this great movement embraces more than two million boys under 12 years of age who are helped to become responsible Americans of the future, and WHEREAS; Thousands of adult volunteers, whose only motive is to cultivate a wholesome, benefieial climate of formative training and who give unstintingly of their timo and energies to this end, and NOW, THEREFORE, I Karl E. Carson do hereby proclaim the week beginning June 8, 1969 as the period of observance of LITTLE LEAGUE BASEBALL WEEK AND URGE ALL CITIZENS OF Fort Collins to recognize and gi.ve support to the pro= gram of Little League Baseball. /s/ Karl E Carson Mayor of Fort Collins Mr. Glenn Richardson and R,lph Esterling of the Little League Baseball Association accepted the proclamation and presented the Mayor with the first decal. The following ordinance was presented on second reading: Nat ORDINANCE NO. 25, 1969 RELATING TO THE SALE OF MALT, VINOUS, AND/OR SPIRITUOUS LIQUORS WITHIN THE CITY LIMITS OF THE CITY OF FORT COLLINS, COLORADO, ESTABLISHING A LIQUOR LICENSING AUTHORITY TO HEAR APPLICATIONS FOR LICENSES AUTHORIZING THE SALE OF LIQUOR, GRANTING SUCH AUTHORITY FULL POWER TO DETERMINE ALL QUESTIONS RAISED BY SUCH APPLICATIONS AND TO PRESCRIBE RULES AND REGULATIONS FOR PROCEDURES NECESSARY FOR THE HEARING OF SUCH APPLICATIONS, ESTABLISHING CERTBIN OCCUIITION TAXES FOR ESTABLISHMENTS MANUFACTURING OR SELLING LIQUOR IN THE CITY, PRESCRIBING DETAILS IN RELATION TO THE FOREGOING AND REPEALING SECTIONS 2-1 to 2-4 INCLUSIVE OF THE CODE OF ORDINANCES OF THE CITY OF FORT COLLINS, COLORADO, 1958, AS AMENDED. Motion was made by Councilman Kruchten, seconded by Councilman Troxell, that Ordinance No. 25, 1969, be adopted. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez, Kissock and Krudten. Nayes: None The Mayor declared the motion adopted. Dr. Thomas Bennett was present and spoke regarding the occupational tax, stating he thought it should be reduced from $1,500.00 to $1,000.00• Motion was made byCouncilman Kissock.to amend 5 g , Section 5, changing the occupational tax from $1,500.00 to $1,000.00. This was seconded by Councilman Lopez. .. l 352 June 5,_19.69 Councilman Lopez asked if it would be possible to try one fee in the occupa- tional tax for perhaps a year, and if it did not work out, could then change it. Councilman Kruchten stated that he did not see any reason for reducing the fee as stated in the ordinance, and felt that it should remain as it is. Roll was called resulting as follows: Ayes: Councilman Kissock. Nayes: Councilmen Carson, Lopez, Troxell and Kruchten. The Mayor declared the motion Defeated. The following ordinance was presented on second reading: V6 ORDINANCE NO. 28, 1969 BEING AN ORDINANCE ANNEXING CERTAIN TERRITORY'TO THE CITY OF FORT COLLINS, COLORADO Motion was made by Councilman Kissock, seconded by Councilman Kruchten, that Ordinance No. 28, 1969, be adopted. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez, Kissock and Kruchten. Nayes: None. The Mayor declared the motion adopted. The following ordinance was presented and read at length on first reading: 1k�b ORDINANCE NO. 29, 1969 BEING AN 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 AND CLASSIFYING FOR ZONING PURPOSES THE PROPERTY INCLUDED IN THE GUARD FIRST ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO Motion was made by Councilman Troxell, seconded by Councilman Lopez, that Ordinance No. 29, 1969, be con sidered favorably on first reading this 5th day of June, A. D. .969, and to be presented for final passage on the 26th day of June, A. D. 1969• Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez, Kissock and Kruchten. Nayes: None. The Mayor declared the motion adopted. The following resolution was presented and read at length: .3e �Uq RESOLUTION OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING PETITIONS FOR THE CREATION OF AN IMPROVEMENT DISTRICT AUTHORIZING THE PLACEMENT OF CERTAIN STREETS AND ALLEY IN SAID IMPROVEMENT DISTRICT AND DIRECTING THE CITY ENGINEER TO MAKE THE NECESSARY SURVEYS, MAPS, PLANS AND SPECIFICATIONS. WHEREAS, the owners of more than one-third of the property having frontage to be assessed for the same have petitioned the City Council under the provisions of Chapter 15 of the Code of Ordinances of the City ofFort Collins,' Colorado, 1958, as amended, for the organization of.a permanent improvement District on the alley in Block 6, Craft's Resubdivisio n 'of Lake Park Addition to the City of Fort Collins, Colorado, and WHEREAS, said petitions have been referred to the City Engineer and the City Engineer has reported to the City Council that the same are fully signed and represent bye required amount of frontage and has recommended that appropriate action by the City Council be taken, and WHEREAS THE City Engineer has further recommended that certain other streets in the City be improved with curb, gutter, paving and other strest improvements, said streets being the following: 353 ' J I North Grant Street betwesi Maple Street and Cherry Street and Cheyenne Drive not previously improved by the City with curb, gutter and j pavement. Riverside Avenue between Endicott Street and Myrtle Street, and WHEREAS, Chapter 15 of the Code of Ordinances of the City of Fort Collins, Colorado, 1958, as amended by Ordinance No. 24, 1969, provided that the City Council may, without petitions therefore, order the improvement of any street which improvement will connect two portions of the same street of such j street does not exceed 660 feet, and WHEREAS, all of the street recommended for improvement by the City Engineer as listed above meet the requirements as set forth above, and WHEREAS, the City Council desires to establish an improvement dis- trict and include the alley for which petitions requesting its improvemnt have i been received and the streets recommended for improvement by the City Engineer in said district. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS: 1. That the petitions for the improvement of the alley in Block 6, Craft's Resubdivision of Lake Park Addition to the City of Fort Collins, Colorado, be and -the same hereby are received land approved. 2. That pursuant to the provisions of Chapter 15 of the Code of Ordinances of the City of Fort Collins, Colorado, 1958. as -amended, and Ordinance No. 24, 1969, the City Council does hereby direct that the streets as listed above, which the City Engineer has recommended by improved be included in the Improvement district to be formed, which improvement district shall be known as Street Improvement District No. 62. 3. That the improvements to be made to said streets and alleys are substantially the same for all of the streets and alley and all of them shall therefore be included in ine improvement district provided that each street and alley shall be considered as a unit for the purpose of assessment and for the purpose of petition and remonstrance where applicable. 4. The City Engineer is hereby authorized empowered and directed to make a complete survey of the proposed district for the purpose of preparing a map, plans and specifications and estimate of the cost of said improvements in said district and the amount to be assessed to respective lots and blocks and properties located in said district, said district to comprise and include the lots and blocks and lands d)utting on the streets and alley as hereinabove described and all of said lots and lands abutting on the streets and alley to be assessed fortthe improvements hereinabove described which said work, when com- pleted, shall, with all convenient speed, be reported to the City Council for appropriate action for the purpose of organizing said district as provided by law, and providing for the construction of the permanent improvements therein in accordance with said plans and specifications. Passed and adopted., at a regularmeeting of the City Council held this 5th day of June, A. D. 1969. s/ Karl E. Carson ayor ATTEST: /s/ John Ba$tel i,ty Clerk Moti6n was made by Councilman Lopez, seconded by Councilman Kruchten, that this resolution be adopted. Roll was called resulting as follows: Ayes: Eouncilmen Carson, Troxell, Lopez, Kissock and Kruchten. Nayes: None. The President declared the motion adopted. The following report from the office of the.City Engineer was presented and read at length: June 4, 1969 TO: Tom Coffey, City Manager THRU: Charles Liquin FROM: Roy A. Bingman, City Engineer RE: Petitions for Street Improvement District. 354 June 5, 1969. Petitions have been received from property owners which have frontage on the alley in the block bounded by College, R mington, Flizabeth and Garfield. The petitions are from persons owning 400 feet of the tot21.600 feet which is assessible. This represents 66.7 percent of the total frontage. In accordance with the Improvement District Ordinance, it is necessary to order the Crrty Engineer to make the necessary maps, plans and specifications and determine a cost estimate. Respectfully submitted; /s/ Roy A. Bingman City Engineer Motion was made by Councilman Troxell, seconded by Councilman Kruchten, that this report be accepted. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell , Lopez, Kissock and Kruchten. Nayes: None. The Mayor declared the motion adopted. The following resolution was presented and read at length: RESOLUTION (X OF THE COUNCIL OF THE CITY OF FORT COLLINS ADOP':T�TNG THE REPORT OF THE CITY ENG- INEER ON THE ESTIMATED COSTS AND ASSESSMENTS FOR STREET IMPROVEMENT DISTRICT NO. 62, APPROVING THE DETAILS AN-D SPECIFICATIONS FOR THE SAME, DETERMING THE NUMBER OF INSTALLMENTS AND THE TIME IN WHICH COSTS SHALL BE PAYABLE, THE RATE OF INT EREST TO BE CHARGED ON UPPAID INSTALLMENTS AND THE PROPERTY TO BE ASSESSED FOR THE SAME AND AUTHORIZING THE PUBLICATLG'N OF NOTICE TO THE PROPERTY OWNERS OF ALL REAL ESTATE IN SAID DISTRICT TO BE ASSESSED AND TO ALL PERSONS INTERESTED GENERALLY AND FIXING THE DATE OF HEARING WHEN THE CITY COUNCIL WILL CONSIDER THE ORDERING BY ORDINANCE OF THE PROPOSED IMPROVEMENTS WHEREAS, heretofore the City Council by resolution directed the City Engineer to make a complete survey of the proposed Street Improvement District No. 62 for the purpose of preparing a map, pland and specifications andeesti- mate of the costs of the improvements to be installed in said district, and. WHEREAS, the City Engineer has made his report of the estimated costs and assessments for said district.andhas presented the details and specifications and maps for the same. NOT, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THECITY OF FORT COLLINS, that the details, specifications and maps presented by the City Engineer for said Street Improvement District No.62 be and the same hereby are accepted and adopted, and . f. That the assessments for the costs of improvements on particular streets and alleys within the district will be made upon all of the lots and lands albuttirg upon the streets and alleys to be improved within the district in pro- portion as thefrontage of each lot or tract of land on each street or alley to be improved is to the frontage of all lots and lands on said street or alley, all as provided in Section 15-63A and 15-64 of the Code of Ordinances of the City of Fort Collins, Colorado, 1958, as amended, and That the assessments shall be payable in ten equal annual installments with interest on the unpaid installment at the rate of six percent per annum, and That the estimated costs and assessments, map of the district, schedules showing the approximate amount to be assessed per abutting foot upon the several properties in the district, all as presented by the City Engineer, be and the same hereby are accepted and adopted, and That Thursday, the 17th day of July, A. D. 1969, at the hour of 1:30 o'clock in the afternoon in the Council Chambers in the City Hall, will consider the ordering by Ordinance of the proposed i.mprovementsand hear all complai.rP3 and objections that may be filed in writing concerning the proposed improvements by the owners of any real estate to be assessed or by persons interested, and That the City Clerk be and he hereby is directed to give notice -,by publication and mailing to the'owners of all property to be assessed nd aTl interested persons generally all as set forth: in Section 15-57 of the Code.of Ordinances of the City of Fort Collins, Colorado, 1958, as amended. Passed and adopted at a regular meeting of the City Council held this 5th day of June, A. D. 1969. 355 ATTEST: /s/ John Bartel City Clerk length: /s/ Karl E. Carson Mayor The following report of the City Engineer was presented and read at May 21, 1969 TO: Tom Coffey, City Manager THRU: Charles Liqumn; Director of Public Works RROM: Roy A. Bingman, City Engineer The foll6iWng streets qualify for inclusioh-in a street improvement District under Ordinance No. 24, 1969, which provides for the ordering of paving and other improvements without petitions and not subject to remonstrance: 1. North Grant Street, between Maple and Cherry. 2. Sycamore Street, between Wood and Grant. 3. Elm Street, between Shields and West. 4. .The unpaved portion of Stuart Street adjacent to Indian Hills Park. 5. Riverside Avenue, between Endicott and Myrtle. 6. Petitions have been received for the paving of the alley bounded by South College Avenue, Remington Street, Elizabeth Street, and Garfield Street. It is recommended that all of the above streets and alleys be included in Street Improvement District No. 62. The paving of ehe five streets will elim= inate the expense for periodic maintenance of the gravel roadways. follows: The cosy estimate for the various portions of the district are as 1. North Grant Street between Maple and Cherry: Assessable frontage: 830 feet Total estimated construction cost: $ 6540.00 Estimated construction cost per front foot: 7.70 Estimated cost per front foot (including 23%): 9.47 Estimated City expense: 149.42 2. Sycamore Street between Wood and Grant: Assessible frontage: 710.00 feet Total estimated construction cost: $ 6263..00 Estimated construction cost per front foot: 8.49 Estimated cost per front foot (including 23%) 10.44 Estimated City expense: 236.50 3. Elm Street between Shields and West: Assessible frontage: 591.77 feet Total estimated construction cost: $ 5085.00 Estimated construction cost per front foot: 8.33 Estimated cost per front foot (including 23%) 10.25 Estimated City expense: 155.10 4. The unpaved portion of Stuart Street adjacent to Indian Hills Park: Assessable frontage: 311.00 feet Total estimabed construction cost: $ 1971.00 Estimated construction cost per front foot: 6.34 Estimated cost per front foot (including 23%): 7.80 Estimated City expense: -none- 5. Riverside Avenue between Endicott and Myrtle: Assessable frontage: 400 feet Total estimated construction cost: $ 1751.00 Estimated construction cost per front foot: 3.95 Estimated cost per front foot (including 23%) 4.86 Estimated City expense: 170.00. 6. Alley bounded by South College Avenue, REmington Street, Elizabeth Street, and Garfield Street: Assessable frontage: Total estimated construction cost: 600.00 feet 1824.00 356 June 5_,_19b9 Estimated construction cost per front foot: $ 2.94 Estimated cost per front foot (including 23%): 3.62 Estimated City expense: 58.80 !Total estimated construction cost for the district:$23,434.00 -Total estimated City expense for the district: $ 769.82 In order to proceed with the improvement district, it isrecessary for the City Council to adopt the plans, specifications, and cost estimate for the district, and publish notice of the district. It is also necessary to provide for the administrative expense of processing the district. The following recommendation is made regarding percentagres of the total cost of each potion of the district to cover these expenses: Legal and publication: 5% Engineering: 5% Interest during construction: 6% Collection and certification to County: 7% In addition, the Council must set forthe the period over which the cost of the improvement may be paid and the rate of interest which will be car- ried with the installments. It is recommended that these be ten years and 6 percent. Respectfully submitted, /s/ Roy A. Bingman City Engineer Motion was made by Councilman Troxell, seconded by Councilman Kruchten, seconded by Councilman Kissock, that the resolutionbe adopted and the report of the City Engineer be approved. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez, Kissock and Kruchte n. Nayee2 None. The Mayor declared the motion adopted. The following report was presented and read at length: June 4, 1969 Ion" TO: Fort Collins City Council FROM: Planning and Zoning Board SUBJECT: #3-69. Consider rezoning petition of Burch Investments, Inc., involving approximately 2.7 acres from R-H, High Density Residential to I-L, Limited Industrial Zone. 'The Board considered this item at its June 2, 1969 meeting and recom- mends approvals. The request is in conformance with the Plan for Progress. Owner: Burch Investments, Inc. E. H. Frink, Jr., President Location: SE4 of Section 18 west of Riverside Drive 4 mile north of Prospect Road. Respectfully submitted, /s/ Robert 0. Engelke Acting Secretary Motion was made by Councilman Kruchten, seconded by Councilman Lopez, that,the report of the Planning and.Zoning Board be approved and the matter be referred to the City Attorney for preparation of the necessary papers. Roll was called resulting as follows: Ayes; Councilmen Carson, Troxell, Lopez, Kissock and Kruchten. Nayes: None. The Mayor declared the motion adopted. The following report was presented and read at length: June 4, 1969 0 I June 5, 1969 2\ 2 TDe 'Fort Collins City Council FROM: Planning and Zoning Board SUBJECT:' #50-69. Consider Spencer First Annexation petition involving approx- imately 157 acres with B-G, General Business, R-L, Low Density Residen- tial, R-P, Planned Residential and R-M, Medium Residential Zoning. The Board considered this item at its June 3, 1969 meeting and recom- mends approval. This approval was made with the understanding that there might be minor revisions in -the zoning district lines as the Planning Office wotks with the developers to arry'_ve at the bestpossible traffic circulation plan for the area. Owner: Everitt Enterprises, Inc. Robert S. Everitt, President Location: South of City Limits and east of South College Avenue in Section 25. Respectfully submitted, /s/ Robert 0. Engelke, Acting Secretary Motion was made by Councilmen Lopez, seconded by Councilman Troxell, that the report of the Planning and Zoning Board be accepted and the matter be referred to the City Attorney for the preparmation of the necessary papers. Roll e was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez, Kissock and Kruchten. Nayes: None. The Mayor declared the motion adopted. The following report was presented and read at length: June 4, 1969 �n2 TO: Fort Collip s City Council FROM: Planning and.Zoning Board SUBJECT: #51-69. Consider rezoning petition involving two parcels of land: Parcel A con taining approximately 0.27 acre from R-M, Medium Density Residential .to B-K, Limited Business Zoning and Parcel B, containing approximately 0.45 acre from R-L, Low Density 4esidentisl to R-M, Medium Density Residential Zoning. The Board considered this item at its June 3, meeting and recommends approval. This request was necessitated by a survey error and will not materially affect the area. Owner: Elliott -Miller Cons. Co. Al in L. Miller. President Section 21, Location: NW4 of/SE of the intersection S Prospect Road and Ovdrland Trail. Respectfully submitted, /s/ Robert 0. Engelke Acting Secretary Motion was made by Councilman Troxell, seconded by Councilman Kissock, that the report of the Planning and Zoning Board be accepted and the matter be referred to the City Attorney for preparation of a resolution and notice of hearing. Roll was called resulting as follows: 'Ayes: Councilmen Carson, Troxell, Lopez, Kissock and Kruchten. Nayes: None. The Mayor declared the motion adopted. The following report was presented and read at length: June 4,. 1969 11� TO: Fort Collins -City CgVncil FROM: Planning and Zoning Board SUBJDCT: #55-69. Consider Thunderbird Estates Twelfth Annexation petition involving two tracts of land, Tract A containing approximately 8.2 acres and Tract B containing approximately 0.4 acres with B-G General Business Zoning. The Board considered this item at its June 3. 1969 meeting and recommeds approval. : 358 June 5, 1969 Owner: Thunderbird Estates, Inc. Mae 9. Tiley, President Location: NW4 of Section 25, north and south of Harvard Street and east of 1 South College Avenue. Respectfully submitted, /s/Robert 0. Engelke Acting Secretary Motion was maee by Councilman Kissock, seconded by Councilman Troxell, that the report of the Planning and Zoning Board be accepted and the matter be referred to the City Attorney to prepare the necessary papers. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez, Kissock and Kruchten. Nayes: None. The Mayor declared the motion adopted. The following report was presented and read at length: June 4, 1969 TO: Fort Collins City Council FROM: Planning and Zoning Board SUBJECT: #52-69. Consider Unit Development Plan of a branch office of Fort Collins Federal Savings and Loan Association involving approximately .64 acres with ,B-L, Limited Business Zoning. This item was presented to the Board at its Jum- 3, 1969meeting as a `Unit Development, in accordance with the developers agre3nent with the residents of the area. There were no objectors to the proposal present at the meeting. Since this was not an official cnsideration of a Unit Development plan, the Board .took no action. Owners: Fort Collins Federal Savings and Loan Association Location: SW4 of Section 24, bounded by Drake Road, South College Avenue and Princeton Avenue. Respectfully submitted, /s/ Robert 0. Engelke Acting Secretary Motion was made by Councilman Troxell, seconded by Councilman Kruchten, that the report of the Planning and Zoning Board be accepted. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez, Kissock and Kruchten. Nayes: None. The Piayor declared the motion adopted. The following report was presented and read at length: June 4, 1969 TO: Fort. Collins City Council FROM: Planning and Zoning Board SUBJECT: #61-69. Consider Elliott -Miller Foothills West Subdivision Fourth Filing involving 0.34 acres with B-L, Limited Business Zoning. The Board considered this item at its June 3, 1969 meeting and recom- mends approval subject to the following: 1. Approval of the utility plans by the City Engineer andsigning the usual agreement covering cost of same. 2. Approval of the storm drainage plans by the City Engineer. 3. Compliance with Section 2d (1) of the Subdivision Ordinance which requires the subdivider to provide evidence of financial re'sponsi- bility for proposed improvements. Owner: Don E. Bixler and Elliott Miller Cons. Co. Alvin L. Miller, President Location: NW-4 of Section 15, between Plum and Elizabeth Streets, east of Taft Hill Road. 359 Respectfully submitted, /s/ Robert 0. Engelke Acting Secretaty Motion was made by Councilman Kissock, seconded by Counci.lman Lopez, that the report of the Planning and Zoning Board be accepted after correcting the owner's name, and the plat be approved. Roll was called resulting as -'follows: Ayes: Councilmen Carson, Troxell, Lopez, Kissock and Kruchten. Nayes: None theMayor declared the motion adopted. The following resolution was presented and read at length: \-,�A - RESOLUTION WHEREAS, the northern Colorado area is`experiencing rapid growth and urbaniza- tion; and WHEREAS, said growth and urbanization has an"impact which goes beyond the limits of individual governmental jurisdation in the Northern Colorado -Area; and WHEREAS, there are mutual benefits to be derived from undertaking a joint plan- ning program to deal with subjects which are of regional concern; NOW, THEREFORE, BE IT, RESOLVED: That the Planning and Zoning Board of the City of Fort Collins recommends to the City Council of the City of For.tColl'ins that' they initiate steps to participate in a Regional Planning Commission pursuant to Article 2, Chapter 106, 1963, Colorado Revised Statutes, as amended,, to be com- posed of.the Counties of Weld and Larimer and the major municipal jurisdictions therein. Passed this 3rd day of June, 1969• D. W. Stewart, Chairman ATTEST: Marcile N. Wood, Secretary Motion was made by Councilman Kissock, seconded by Councilman Lopez, that this resolution be accepted. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell. Lopez, Kissock and Kruchten. . Nayes:- None.. The; Mayor declared the motion adopted. The following bids were presented and read at length: June 5,.1969 TO: Honorable Mayor and Councilmen THROUGH: Tom Coffey, City Manager FROM: E. M. Kuppinger, Purchasing Agent SUBJECT: Wooden Poles for Distribution Lines Bids have been received covering the consideration for purchase of wooden poles for distribution lines. May I call your attention to the nature of the bids. Bids were requested for standard Western,Poles which the city normally uses; and for sky-blue colorapoles to meet the request for beautification of cities. The low bid for Cedar Poles was submitted by B. J. Carney Compaq for $i4,465.00. The alternate for sky-blue gray color poles was bid solely by B. J. Carney Company i at $17,085.50. There being such a large differential in price, it is recommended that the blue colored pole not be considered at this time and that an order be awarded to B. J. Carney. An analysis of the bids is attached. /s/ Ed Kuppinger Motion was made by ,Councilman Troxell, seconded by Councilman Lopez, that the recommendation of the Purchasing agent be.accepted and adopted. Roll was called resulting as follows: Ayes: Councilmen. Carson, Troxell, Lopez, Kissock and Kruchten. Nayes: None. The Mayor declared the motion adopted. 360 June 5 1969 Ili SUBJECT: 5 KVA Electrical Cable Bids Bids have been evaluated covering consideration of 1500 ', 5 KVA Underground electical Gabel with "EPR" covering of 110 mils thickness. The result of.the bidding is shown below: Dimension Material Price Central Electric Supply 110 EPR $ 1, 93.00 /Mt Lewis Associates No Bid No Bid R & M Sales Company No Bild No Bid Mine & Smelter (Anaconda) 90 EP 1,064.00/Ml Livran Electric 110 EPR 1,285.00/M' Ryall Electric (Rome) 110 EPR 1,248.00/m' Okonite (Okonite) 110 EPR 1,237.00/I1I1 Of the five bids listed, the low bid is Mine and Smelter, offering Anaconda Cable; however, the quotation was on EP covering of 90 mils thicknwss. Our specification lists "EPR" and 110 mils thickness. Mr. S. H. Wilson, states that we cannot accept such change in insulation. The low quote meeting specifications was per 1000 feet for a total of $1,855.50• of Okonite Company be accepted. submitted by Okonite Company at $1,237.00 The recommendation is that the quote Purpose of the wire is for emergency repairs and replacement. /s/ Ed Kuppinger Motion was made by Councilman Troxell, seconded by Councilman Kruchten, that the recommendation of the Purchasing Agent be accepted and adopted. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez, Kissock and Kruchten. Nayes:. None. The Mayor declared the motion adopted. Bids have been received and evaluated, covering consideration of six 100 KVA pole type transformers, ten 25 KVA-2400 dual voltage t-ansformers. This is a total of thirty-six transformers. �p A summary of the low bids appears below; a detailed list is attached Quantity Description Price Extension Award 6 100 KVA Transformers $ 700.00 $ 4,200.00 Lewis Associates 10 25 KVA Transformers 260.00 2,600.00 Utility Equipment 10 50 KVA Transormers 413.00 4,130.00 Utility Equipment 10 25 KVA Transformers 290.00 2.900.00 Hendrie & Bolthoff 36 Transformers TOTAL $13,830.00 Mr. S. H. Wilson, Senior Electrical Engineer, evaluated the bids and all.speci- fications were'met. He further stated that the purpose of the additional transformers is for increases in the General Distribution System and for service at the Mobile Home Court located north of Vine Drive. The recommendatinn is that the low bidders as shown above be awarded orders accord- ingly. /s/,Ed Kuppinger Purchasing Agent Motion was made by Councilman Kissock, seconded by Councilman Lopez, that the recommendation of the Purchasing Agent be accepted and adopted. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez, Kissock and Kruchten. Nayes: None. The Mayor declared the motion adopted. The following report was presented and read at length: June 4, 1969 TO: Tom Coffey, City Manager THRU: Charles Liquin, Director of Public Works FROM: Roy A. Bingman, City Engineer RE: Bids for sidewalk repair. 361 June 5 1969 l02 Bids were received on May 27, 1969, for the removal and replacement of Sidewalk, curb and gutter... The..bids received are as follows: 1. Kiefer Concrete $ 66,920.00 2. Flatiron Materials 71,550.00 The estimated cost of the work included in the conteact proposal is $59,300. The work covered by the contract consists of replacing defective curb, gutter and sidewalk which property owners have not done under the sidewalk repair program. Notices have previously been sent to each property owner for any work, to be completed under this contract, in accordance with the ordinance. The final contract cost may be more or less than the bid, due to the uncertainty of quantities. The low bid appears to be a fair bid for this type of repair work and I recommend award of the contract to Kiefer Concrete. Respectfully submitted, /s/ Roy A. Bingman City Engineer Motion was, made by Councilman Kruchten, seconded by Councilman Troxell, that the recommendation of the City Engineer be accepted and adopted. Roll wa' called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez, Kissock and Kruchten. Naye,s: None. The Mayor declared the motion adopted. The following letter was presented and read at length: May 27, 1969 Downtown Merchants Asso. P. 0. Box 229 Fo,lt Collins, Colorado Mr. Tom Coffey City Manager City of Fort Collins 300 LaPorte Avenue Fort Collins, Colorado Dear Mr. Coffey: The Board of Directors of the Downtown Merchants Association recommends that the Fort Celli ns City Council consider the -enclosed ordinance for the City of Fort - Collins and have it added to the City Charter. Due to the growth of our city and the incident of abuse, the Board of Directors of the Downtown Merchant Association feels this ordinance is necessa^y and essen- tial. Enclosed please find several copies for your study and consideration. Sincerely, /s/ Dean Berg President Mr. Dean Berg, President of the Downtown Merchants Assd. was ore.sent and recommended that the Council adopt an ordinance controlling fire and going out of business sales. Motion was made by Councilman Troxell, seconded by Councilman Kruchten, that this recommendation be accepted and referred to the Administration for study and report back at a later date. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez, Kissock and i Kruchten. Nayes: None. The Mayor declared the motion adopted. I The following resolution was presented and read at length: RES OL UT 101 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING AN AGREEMENT TO BE E^ITERED INT!) WITH R. W. BECK AND ASSOCIATES n 3,62 June •5, 1969 llb WHEREAS, the City of Fort Collins is in'the process of expanding its electrical utility, and ' I W'HE?EAS, in connection with such expansion the Director of Utilities has vecon-mended that Re W. BeCS and Associates be employed LJJ.... the City ,as a _ - consulting engineer, and WHEREAS; a proposed agreement providing for such employmenthas been submitted by R. W. Beck and Associates, whi%.,agreement'has been approved by the City Attorney, and WHEREAS, the City Council desires to accept said agreement. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLInE that the terms and conditions of said agreement be and the same hereby are accept_ and approved, and BE IT FURTHER RESOLVED that the Mayor and City Clerk be and they here- by 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 5th day of June, A. D. 1969• /s/ Karl E. Carson ATTEST: /s/ John Bartel city Motiorl was made by Councilman Lopez, seconded by Councilman Kissock, that this resolution be adopted. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez, Kissock and Kruchten. Nayes: None. The Mayo: declared the motion adopted. The following letter was presented and read at length: May 26, 1969 City Council City of Fort Collins Municipal Building Fort Collins, Colorado Gentlemen: do hereb• Judge, el OF THE Cl LEAVE OF leave of I, the undersigned, John J. Tobin, Municipal Judge, City of Fort Collins, request an indefinite leave of absence from the position of Municipal 'ective this date. Yours vary truly, /a/ John J. Tobin The following resolution was presented and read at length: RESOLUTION & JNCIL OF THE CITY OF FORT COLLT_NS APPROVING THE GRANTING OF AN INDEFINITE ABSEK E TO JoHN J. TOBIN AS MUNICIPAL JUDGE WHEREAS, John J. Tobin has requested the granting of an indefinite bsence from the position of Municipal Judge; and WHEREAS, said John J. .Tobin has served the City with distinction in this capacity since Jenuary 21, 1952; and WHEREAS THE Municipal Court of said John J. Tobin has functioned without question of judicial excellence, and said John J. Tobin has been most generdus with his_time and efforts in maintaining the City, Municipal Cart; and WHEREAS, it is the feeling of the members of the City Council that during the term that the said John J. Tobin has functioned as Judge of the Municipal Court, he has acted promptly with regard to all matters coming before him with fairness and imo3rtiality and has, in the opinion of the members of the. Cites! Council, maintained one of the outstanding Municipal Courts in the State of Colorado: and 363 June 5 1969 WHEREAS, IT IS THE OPINION OF THE MEMBERS OF THE CITY COUNCIL that it will be to the best interests that the request of said John J.Tobin be granted. F' NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS, that the request of John J. Tobin for an indefinite leave of absence from the position of Municipal Judge be and the same hereby is granted; provided, however, that such leave of absence shall be without pay during the period thereof. Passed and adopted at a regular meeting of the City Council held this 15th day of June, A. D. 1969. /s/ Karl E. Carson ATTEST: /s/ John Bartel City Clerk ' Motion was made by Councilman Lopez, seconded by'Councilman Troxell, that this resolution be adopted. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez, Kissock and Kruchten. ' , Nayes: None. The Mayor declared the motion adopted. Comments were made by members of the Council that John.Kochenburger, the Assistant Municipal Judge, replace Judge Tobin. Motion.was made by Councilman Kruchten, seconded by Councilman Lopez, that the City'Attorney contact Judge Tobin or his Attorney to determine the length of his leave of absence. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez, Kissock and Kruchten. Nayes: None. The Mayor declared the motion adopted. The following communication was presented and read at length: June 4, 1969 TO: Tom Coffey, City Manager FROM: Charles Li.quin, Ilrector of Public Works This office has received a request from Mr. Marion Jones of Jones Salvage, 415 Sycamore, for permission to encroach upon the street right of way with a fence. This fence is to enclose his paper baling operation It is not recommended that this request for encroachment be approved. Respectfully submitted, /s/ Charles Liquin Director of Public Works Mrs. Ellen Sparks, 520 Sycamore, Mabel Parker 515 Sycamore and Jack Marsh, 525 Sycamore, appeared before the Council objecting to granting of the above permit for Jones replacing his fence and operating as a paper baler in this location. They complained about rats running at large in the neigh- borhood and paper being scattered in the vicinity. Motion was made by Councilman Kissock, seconded by Councilman Kruchten, that the recommendation of the Director of Public Works be accepted] and the request be denied. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez, Kissock and Kruchten. The Mayor dechred the motion adopted. The City Attorney reported on rules and regulations on liquor applications. 364 June_>_,_l969 The Mayor declared the Council now acting as a liquor licennsing authority and designated a form for rules of procedure to applicants applying for intoxicating liquor licenses. M otion was made by Councilman Lopez, seconded by Councilman Kruchten, that they be approved as presented. Roll was called resulting as follows: Ayes; Eouncilmen 'Carson, Troxell,Lopez, I Kissock and Kruchten. Nayes: None. The Mayor declared the motion adopted. The authority was also presented with a liquor license application form which has been studied by all members of the Council. Motion was made by Councilman Kruchten, seconded by Councilman Lopez, that it be approved as prepared. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez, Kissock and Kruchten. Nayes: None. The Mayor declared the motion adopted. The Mayor declared the meeting back to Council. The following resolution was presented and read at length: w RESOLUTION(, ~� OF THE COUNCIL OF THE CITY OF FORT COLLINS REPEALING CERTAIN PARTS OF A RESOL- UTION ADOPTED BY THE CITY COUNCIL ON APRIL 10, 1969• WHEREAS, heretofore on April 10, 1969, the City Council of the City of Fort Colins duly passed a resolution pertaining to applications for license for the sale of intoxicating liquors within the limits of the City of Fort Collins, and WHEREAS, said resolution provided. among other things,. that the City Council would consider no applications for a license to -sell intoxicating liquors within the City Limits prior to July 10, 1969, and WHEREAS, in Civil Action No. 18700 the District Court in and for the County of Larimer, and State of Colorado, determined and decreed that the City of Fort Collins did not have the power'to postpone the filing of applications or the setting of the same for hearing. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the resolution of April 10, 1969, insofar as it conflicts with the decree of the District Court in Civil Action No. 18700, be and the same hereby is repealed, and BE IT FURTHER RESOLVED, that the City Council will accept applications for licenses for the sale of intoxicating liquors and will set the same for hearing upon receipt of the same by the_ City Council. Passed and adopted at a regular meeting of the City Council held this 5th day of June, A. D.1969. /s/ Karl E. Carson Mayor ATTEST: /a/ John Bartel City Clerk Motion was made by Councilman Lopez, seconded by Councilman Kruchtraen, that this resolution be adpted. R611 was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez, Kissock and Kruchten. Nayes: None. The Mayor declared the motion adopted. The Mayor declared the Council is now acting as a liquor authority. 365 %og The City Council had received a number of applications foriintoxicati.ng liquor to the State, and after some discussion, motion was made by Councilman Kissock, seconded by Councilman Troxell, that all applicants applying for licenses to serve liquor by the drink be hears on July 10, 1969, in the Council Chambers, City Hall, Fort Collins, Colorado, at the following hours: Restaurant Application of Floyd & Regina K. Baker dba Bakes,/249 South College Avenue, 2:00 PmM. Application of Everett Dale & Melva Hean Meyer dba Sportsman Cafe, 1002 North -College Avenue, 3:30 P.M. or as soon as the matter comes on for hear- ing. 7:00 P.M. Application of Leslie P. & Ruth A Ware dba The Top, Inc., 211 Canyon, Application of Roger W. Springston dba Golden Ram, 214 Linden Street, immediately following hearing of The Top, or as soon as the matter comes on for hearing. Motion was made by Councilman Kissock, seconded by Councilman Troxell, that these dates and time be approved and the applicants be notified of same. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez, Kissock and Kruchten. Nayes: None. The Mayor declared the motion adopted. Tide following applications were received for package stores: Application of Morris G. Magie dba Town Package, 124 North College Avenue, July 11, at 9:00 A.M. Application of Wellington Jr. & Patricia A. Ferrell dba Campus West Liquors, 1107 City Park, July 11, 10:99 A.M. ar as soon as the matter comes on for hearing. Application of A. D. and Stanley Griffith dba Ace Liquors, 200 East Mountain Avenue, 11:00 A.M. June 11, or as soon thereafter. Application of Darrel T. Blake dba White Motel Corp., 111 West Prospect 1:00 P.M., July 11, or soon thereafter. Application of Glenn M. Brunner dba Prospect Liquors, 220 West Prospect, 2:00 July 11, or as soon thereafter. Motion was made by Councilman Kissock, seconded by Councilman Troxell, that these hearings be approved. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez, Kissock and Kruchten. Nayes: None. The Mayor declared the motion adopted. The Mayor declared the meeting back to Council action. The following communication was presented at length: June 3, 1969 TO: City Council, Fort Collins, Colorado' FROM: Personnel Board. City of Fort Collins, Colorado SUBJECT: Appeal of Charles W. Hoffman from Disciplinary action resulting in dismissal from the Police Department The Personnel Board of the City of Fort Collins. held a hearing on May 28. 1969, on the above referenced appeal. Ahe appellant was represented by his attorney, Joseph Saint-Veltri,,'and the Chief of the Police Department was represented by Attorney William H. Allen. All members of the Personnel Board and the Assistant City Attorney were present at said hearing. At said hearing the appellant was given full opportunity to present any matters which he felt material to the issue at hand as was the Chief of the Police Department. After hearing the evidence presented at said hearing and the arguments of .counsel and after reviewin tape recordins of previous disciplinary hearings pursuant to the consent of oth pag rties, the Personnel Board has considered this matter aild makes the following recommendations: 0 366 June 5 1969 It is the opinion of the Board that the action taken in dismissing Officer Charles W. Hoffman was made in good faith and with readon; that the dismissal was not as a result of his filing a gievance, but as a result of several incidents of wilfully disobeying orders, conduct, unbecoming an officer, and failute to maintain the kind of harmonious attitudes in working rel2tions4ips:that must exist between an officer and his supperior officers. The Board further feels that Officer Hcffman was guilty of insubordina- tion in the blood alcohol incident at 700 South Shields andin using the "no comment" answer to inquiries concerning a drag racing and padge incidents: of conduct unbecoming an Officer in the drag racing incident and of failure to maintain harmonious. attitudes and relationships with superiors by his statement that he will not take orders from Sergeant Mason. The Board does feel that the hearing pointed out some weaknesses and inconsistencies in the manner in which this personnel problem was handled. The Board is of the further opinion that in the case of Officer Hoffman Rule)V of the Personnel Rules should have been followed to the letter. The evidence presented still pointed out the above violations by Officer Hoffman which make it both unethical and unreasonable to reinstate him to his former position. While several of the charges were,minor in.nature, none of which as an isolate case would be sufficient for dismissal, the accumQation o.f these incidents over several months does poiut out that Officer Hoffman's attitude and conduct did not improve after disciplinary actions were administered. The Board therefore recomment's to the City Council that the action of the Chief of the Police Department in this matter be sustdni.ed. Respectfully submitted, FORT COLLINS PERSONNEL BOARD /s/ By: J. W. Galyardt, Chairman Motion was made by Councilman Troxell, seconded by Councilman Lopez, that this report be accepted and tabled for one week for further action of the Council. Roll was called resulting as follows: Ayes: Councilmen Carson Troxell, Lopez, Kissock and Kruchten. Nayes: None. The Mayor declared the motion adopted. The City Attorney advised the Council that Bajada, Inc., presented and near a proposed stipulation concerning streets in/their subdivision and asked for authority to erfer into said stipulation. Motionras made by Councilman Troxell, seconded by Councilman Kruchten, to authorize the City Attorney to enter, into said stipulation. Roll was called resulting as follows: Ayes: Councilmen Carson. Troxell. Lopez, Kissock and Kruchten. Mayes: None. The Mayor declared tYe;motion adopted. The follow':ng ordinance was presented and read at length on first reading: ORDINANCE NO. 30, 1969 <''PBEING AN ORDINANCE AMENDING SECTION 2-39 (a) OF THE CODE OF ORDINANCES OF THE CITY OF FORT COLLINS, COLORADO, 1958, AS AMENDED, RELATING TO HOURS FOR SALE OF 3.2 FERMENTED MALT BEVERAGES Motion was made by Councilman Kissock, seconded by Councilman Kruchten, that Ordinance No. 30. 1969, be considered favorably on first reading and to be presented for final passage on the 26th day of June, A. D. 1969• Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez, Kruchten and Kissock. Nayes: None. The Mayor declared the motion adopted. !I 367 Ju n e_5_,_I_9,69 The City Manager stated that he had appointed a committee to study a new housing code and that a report would be p-esented later. Motion was made by Councilman Kissock, seconded by�Coun'cilrian Troxell. that the Council adjourn. Roll was called resulting as follows-: Ayes: ' Councilmen' Carson, Troxell, Lopez, Kissock and Kruchten. Neyes: None. The Mayor declared the motion adopted and the Council adjourned. /eYWO261 ii 0