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HomeMy WebLinkAboutMINUTES-08/20/1970-RegularMINUTES OF A REGULAR MEETING OF THE COUNCIL OF THE CITY OF FORT COLLINS, Held Thursday, August 20, 1976, at 1:30 o'clock P.M. Present: Councilmen Carson, Troxell, Lopez and Kruchten. City Manager Coffey, Assistant City Attorney March, Jr.,,and Director of Public Works Liquin. Absent`: Councilmen Chilton, excused. Votion was made by Councilman Kruchten, seconded by Councilman Lopez, that the reading of the minutes of the last regular meeting- held August 13, 1970, be dispensed with. Roll was called resulting as follows: Ayes: Councilmen -Carson, Troxell, Lopez and Kruchten. Absent: Councilman Chilton, excused. . Nayes: None. The Mayor declared the motion adopted. The following resolution was presented and read at length: RESOLUTION 70-86 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPOINTING DON SOUTHWICK AS A MEMBER OF THE PARKS AND RECREATION BOARD WHEREAS, Stewart Case, who was a member of the Parks and Recreation Board, has resigned as a member.of such Board; and WHEREAS, the City Council desires to appoint Don Southwick to serve out the unexpired term of Stewart Case on said Board; and WHEREAS, the said Don Southwick has indicated he is willing to accept such an appointment. NOW, THEREFORE, BE IT RESOLVED BY HE COUNCIL OF THE CITY OF FORT COLLINS that Don Southwick be and he hereby is appointed as a member of the Parks and Recreation Board to serve out the unexpired term of Stewart Case on said Board. Passed and adopted at a regular meeting of "the City Council held this 20th day of August, A. D. 1970. /s/ Karl E. Carson {{ ATTEST: /s/ John Bartel City Clerk Motion was made by Councilman Troxell, seconded by Councilman Lopez, that this resolution be adopted. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez and Kruchten. Absent: Councilman Chilton, excused. Nayes: None. The Mayor declared the motion adopted. The following resolution was presented and read at length: RESOLUTION 70-87 OF THE COUNCIL OF THE.CITY OF FORT COLLINS SETTING THE DATE FOR A PUBLIC HEARING AT WHICH THE COUNCIL WILL DETERMINETHE NEED FOR A HOUSING AUTHORITY IN THE CITY AND DIRECTING THE CITY CLERK TO PUBLISH NOTICE OF SAID HEARING. WHEREAS, in accordance with the provisions of Section 69-3-4 C.R.S. 1963, as amended a petition has been filed with the City Clerk setting forth a need for a housing authority to function in the City of Fort Collins; and WHEREAS, the Council desires to hold a hearing for the purpose of determining the need for such an authority in the City.' NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL'OF HE CITY OF FORT COLLINS that September 10, 1970, at the hour of 1:30 P.N1., or as soon thereafteras the matter may come on .or hearing, in the Council Chambers, City Hall, Fort Collins, Colorado; is hereby set as the time and place for a public hearing at which the Council will determine the need for a housing authority in the City; and BE IT FURTHER RESOLVED that the City Clerk be and he hereby is directed to publish notice of said hearing in the Fort Collins Coloradoan, a newspaper having general circulation. in the City, at least ten days preceeding the date of said hearing. Passed and adopted at a regular meeting of the City Council held this 20th day of`. August, 1970. /s/ Karl E. Carson Mayo r ti y Y yi �y /s/ John Bartel ,City Clerk Motion was made by Councilman Lopez, seconded by Councilman Kruchten, that this resolution be adopted. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez and Kruchten. Absent: Councilman Chilton, excused. Nayes: None. The ,Mayor declared :.he motion adopted. August 18, 1970 TO: Honorable Mayor and Councilmen !I: THROUGH: Mr:. Tom Coffey, City Manager FROM: Mr. E. M. Kuppinger, Purchasi. g Agent SUBJECT: Transformer Bids Bids have been received and evaluated covering consideration for purchase of eight (8) KVA and Six (6)-KVA Dual Voltage Transformers with Safebreak terminators. Fodr bids were sent; two were returned and one was returned late and was not acceptable II .' A summary of the bids are as follows: (RTE Corporation $ 5,322.00 Utility Equipment Company5,940.00 ill Mr. Bob Kost, Senior Electrical Engineer, has evaluated the bids and all specifications have . been met by the low bidder. Ali! The recommendaiton is that RTE Corporation be awarded the contract in the amount of $5,322.00.` Respectfully submitted, /s/ E. M. Kuppinger } Purchasing Agent Motion was made by Councilman Kruchten, seconded by Counclilman Troxell, that the recommendation of the Purchasing Agent be accepted and the low bid be approved. Roll was callec g� resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez and Kruchten. Absent: N; Councilman Chilton, excused. Nayes: None. The Mayor declared the motion adopted. .. The following communication was presented and read at length: August 19, 1970 TO: Honorable Mayor and Councilmen THROUGH: Mr. Tom Coffey, City Manager FROM: Mr. E. M. Kuppinger, Purchasing Agent SUBJECT: 3-Wheel Servi Car Bids -Bids have been received and evaluated covering consideration for purchase of: One 3-wheel ... Servi-Car Bid In:_itations were sent to three Harley-Davidson Dealers: Only one responded. A summary of the bids are as follows: Harley .Davidson of Denver 2,444.00 Harley Davidson Sales Inc. NO BID Wyoming Harley Davidson NO BID Mr. Floyd Wiegers, Shop Superindendent, has evaluated the bids and all specifications have beenbet by the low bidder. _ The recommendation is that Harley Davidson of Denver be awarded the contract in the amount of _2,444.00. Respectfully submitted, /s/ E. M. Kuppinger Purchasing Agent Motion was made by Councilman Troxell, seconded by Councilman Lopez, that the recom- mendation of the Purchasing Agent be accepted and approved. Roll was,called•resulting'as follows Ayes: Councilmen Carson, Troxell, Lopez, and Kruchten. Absent: Councilman Chilton, escus�d. Nayes: None. The Mayor declared the motion adopted. A dedication deed for a frontage road past the Amerioan Furniture Company on South College Avenue, was presented. This area is to be used for street purposes and for the instal lation,-maintenance, construction and reconstruction of utility lines. Motion was .made 312 by Councilman Kruchten, seconded by Councilman Lopez, that this dedication deed be accepted. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez, and Kruchten Absent: Councilman Chilton, excused. Nayes: None. The Mayor declared the motion adopted The follow. letter was presented and read at length: August 13, 1970 p' Mr. Carl E. Carson Planning and Zoning Board City Hall Fort Collins, Colorado Dear Mayor Carson: -It is necessary that I tender my resignation on the Planning and Zoning Board as of October 1, 1970. Respectfully, /s/ Charles L. Rhoades Motion was made by Councilman Troxell, seconded by Councilman Lopez, that this i resignation be accepted with regret and sir. Rhoades be sent a letter expressing the Councii's appreciation for his services on the Board. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Loepz and Kruchten. Absent: Councilman Chilton, excused. Nayes: None. The Mayor declared the motion adopted. Pititions were presented from property owners for organizatiom pf Sewer Improvement District No. 54: Motion was made by Councilman Kruchten,,seconded by Councilman Lopez, that these petitions be received and accepted. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez and Kruchten. Absent: . Councilman Chilton, excused. Nayes: None. The Mayor declared the motion adopted. The following communication wzs presented and read at length: TO: Tom Coffey, City Manager THRU: Charles Liquin, City Engineer RE: Consolidated Sanitary Sewer Improvement District No. 54 The City Council has previously referred the petitions received for.the sanitary sewer improvement district.to the Engineering Department for the necessary surveys, plans, specifications and cost estimates. In addition to the City owned land which consists of 32 percent of . l the total frontage, petitions affecting 18 percent of the total frontage have been received requesting sanitary sewer to serve properties located } on-thefollowing streets. Taft Hill Road from•LaPorte Avenue to a point 1214•t feet south k; of LaPorte Avenue. (Oak Street extended) i. LaPorte Avenue from Taft Hill Road to Penasylvania.Aveaue. Pennsylvania Avenue from Taft Hill Road to a point 3Q0± feet: nortL,of Taft Hill Road. West side of Taft Hill Road from LaPorte Avenue to a point 3516+ feet north of LaPorte Avenue. It is recommended that the properties abutting the above streets } be included in Consolidated Sanitary Sewer Improvement District,\o. 54. i It is also recommended that the properties be assessed on a front h foot basis rather than on a cost per square foot basis. It is felt more equitable that assessments determined on the front foot basis are of land located because of the varying depths of numerous parcels E :within the proposed district. For the assessments to be determined r W ona front foot basis, the City Council must so'Ordar'as provided far " in Section 15-63G of the Code of Ordinances. 33 Total estimated construction cost: $27,305.00 1�- ' Estimated construction•cost.per front foot:7.66 Estimated per front foot:(including 17%) 8.96 •cost 'j Estimated City Expense: y �• City- .Cemetery frontage on Taft Hill Road. .., :$100140.00 City cost for three properties with low assessed valuations: 4,460.00' TotF.l Estimated City Cost: $140600.00 ' Three parcels of land in the proposed district have a proposed - assessment which substantially exceeds one-half of the property's valuation. Since Section 15-70 of the Code of Ordinances limits the amount of the assessment to one-half of.the property's valuation for assessment for general taxes for the year preceding, it is recommended that the City pay - the cost of the assessment as provided for in Section 15-55E of the Code of Ordinances. The estimated city cost of $4460 is listed above. It is also recommended that when any of the three properties.connec; to the sanitary sewer, that each owner be required to pay the assessible amount which the City previously paid. Provisions; for resolving assessments in a similar manner, are made in Section-34 of Sewer Ordinance No. 17, 1965, which enables the City to pay the assessments for areas lying outside the City and then requiring the owners to reimburse the City the amount of the assessment, at such time as they connect to the sewer. In order to proceed with the improvement district, it is necessary for the City Council to adopt the plans, specifications, the cost estimate for the district, the method of de4ermining assessments if front .&opt method is to be used, and to pubjish the notice of the district. It also necessary to provide for.tiv administrative expense of 'processipg the district. -The following arq recommended percentages'of the totgl.cost•to cover each-portioa of thq expenses Engineering: 6% j Legal 5 Publication: -2% !' Interest During Construction: 4% .• Collection and Certification to County&. . 5% i TOTALe 17% In addition, the Council must set forth the period over which the cost of the improvement may be paid and the rate of interest which will be carried with the installments. It'is recommended that the instal— lments be spread over ten year's with an interest charge of 6 percent per annum. Respectfully submitted, z, Roy A. Bingman City Engineer. ' 314 s The Director of Public Works stated that property owners were being charged by the ' square foot, if any other way it was the Council's decision. That his department could go the square footage or front footage route. After discussion, motion was made by Councilman It. Kruchten, secondedty by Councilman Troxell, that this matter be referred to the City Attorney for the proper resolution Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez and Kruchten. Absent: Councilman Chilton, excused. Hayes: None. The Mayor declared the motion adopted. The Assistant City Attorney stated that if an application for the location of a filling !; station was.approved 5 years ago and was not built, and unless applicant has made a change in t location, the ordinance has no limitations on the period of time . Wayne Schrader appeared and stated that he purchased this property, at the southwest corner of Canyon and Howes. 5 years ago and it was approved by the Council in August, 1965. He stated there were some opposition in 1965, that he had the location ready to build on, but due to the objections and other reasons, decided to wait. He stated that he was stimulated to go ahead with this station at this time, that Section 9-22 of the Code of Ordinances does not set a time on applications. He stated he has a lot invested in this property. Councilman Troxell asked how many applications of this type are pending at this time. He was informed that the Gulf Oil Co. on South College was the only one. Mayor Carson stated that Ordinance NO. 31. 1970, doesnot effect Mr. Schrader. Coumcilman Lopez asked if there any parking problems. Mr. Schrader stated that in 1965, the Traffic Engineer reported no problems. Councilman Lopez asked if there was any prospect of renting additional property. Mr. Schrader stated it was a futile attempt. Councilman Troxell requested that this matter be tabled and review the study of 1965 and refer the matter to the Traffic Engineer to evaluate the traffic as of today and present a report on same. Mr. Schrader stated he had a detailed report in 1965. Mayor ..Carson stated that the Council consider the fact that Mr. Schrader has brought this to them y 'for consideration at this time and thought they owed him this. Councilman Kruchten seconded the.motion. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez and Kruchten. Absent: Councilman Chilton, excused. Nayes: None. The Mayor de- clared the motion adopted. After additional discussion, motion was made by Councilman Troxell, seconded by Coun- cilman Kruchten, that the previous motion be amended and set August 27, 1970, as the date for the final decision. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez, and Kruchten. Absent: Councilman Chilton, excused. Nayes: None. The 'Mayor declared the motion adopted. An appeal for an Attendant Self -Service Station by Autotronic Systems, Inc., in the 700 Block of South College, was presented.. Mr. Sid Overton, Attorney for Autotronics, l appeared and asked that the Council reconsider this application, that theyhad invested quite a lot of monQ,, in this property and that this a permitted use in the B-L zone. That the report by the Building Inspector indicated that they have met all requirements and asked re- consideration of the Council's denial of August 13, 1970. Councilman Kruchten moved that the appeal be accepted and the matter be reconsidered. Councilman Troxell seconded this motion. Roll was called resulting as follows: Councilmen Carson, Troxell and.Kxuchten. Absent: , Councilman`Chilton, excused. Nayes: Councilman Lopez. The. Mayor declared the motion . 'adopted. 7 Councilman Kruchten stated that since there has been very little additional inform atlas My3presented on this and asked it if was the same type of operation as in Boulder. Mr._0Verton Said that it was the same, only smaller. Councilman Kruchten stated that any action:by the Council will be the same and moved that this be tabled until next week for further study and report. This was seconded by Councilman Lopez. Roll was called resulting as follows: AyDlh Councilmen Carson, Troxell, Lopez and Kruchten. Absent: Councilman Chilton, excused. Iia None. The Mayor declared the motion adopted. 315 Anguct 20 1970 - — -- Mr. Gene Fischer, Attorney representing the owners of the N $ R Bar, was present and stated that Mr. Miller, the owner, offered to the Council a stipulation of violations. He . f stated he had no knowledge of the pin ball incident. Mr. Fischer stated that Mr. Warren B. Miller had been.in the same location for the past 26 years, and that he is willing.to tender to: the Council his admission of these violations. The City Attorney requested a re;.ess. T..e Mayor called a recess at 2:17 P.M. The Council reconvened at 2:45 P.M. Councilman Troxell moved that they accept the plea of guilty and assess a penalty for the violation of the 3.2 Beer, License of 30 days and in conneetion with the Pin Ball violation, a penalty of suspension of this license until November 8, 1970, as this is the time for renewal, effective August 21, 1970, at 8: A.M.. This was seconded by Councilman Lopez. Roll was called resulting as follows Ayes: Councilmen Carson, Troxell, Lopez and Kruchten. t.bsent: Councilman Chilton, excused. Nayes: None. The Mayor declared the motion adopted. Lou Stitzel appeared again, representing the "Neighbor to Neighbor Committee" and expressed her appreciation to the Council for the resolution and setting a hearing date on the establishing the housing authority and appreciation on the appointing of the Total Community Action Committee. She stated they were the only group interested in the low income people, and are studying investment forms to go in line with the same things the Council is interested in. She stated th ey will receive financial aid and they will coordinate and cooperate with the City Government. The Mayor stated that any effort this group is making is appreciated and a big help and the Council will look forward to group interest. She stated that there is lots of work to be done and gets complicated. That they are doing research and study and will work with the realtors to find the families that need help.; She stated that they can only handle 20 applications at a time. That they organized in January and have received their corporate papers, that there are needs for a non-profit community organization and planned development is for quality, in going this way it planned the quality of their living will be improved. 3 She stated they have planned to have open forum meetings in September to establish programs, that they are willing and eager for the "Neighbor to Neighbor" committee .to work with the Council as a team. i The City Attorney stated that there are limitations on assessing property owners for removing dead or deceased trees, and that an ordinance amending the old Tree Ordinance1be presented. That Dutch Elm disease was no problem, that the Council review other City ordinances and izecomumd what way to go. The City is not interested to go inthe tree businessand should have some means to order the removal by the owner. Mayor Carson suggested a review and study i� ` of the present ordinance and recommended revisions. The City Manager stated that in Lincoln, Nebraska, they cannot trim, remove or plant trees or shrubery. That the City has complete. control of all trees and shrubs. Mayor Carson stated that we get information from Aurora and Lincoln, that there were many trees that should be removed. He suggested to.make ar.:endments to the ordinance and order trees removed that are dangerous to life and limb. The -City needs to make major revisions in the present ordinance which will take a lot of study. He asked if it was legal to assess the property owner, not under present regulations. He suggested that an updating and modernizing the ordinance to fit these"issues. Councilman Troxell stated that we need a general revision of the ordinance and a complete change in philosophy, that the City should encourage land owners to plant shrubs and trees to beautify our community. ,'To cope with the dutch elm disease and spend the next six months studying for change m philosophy. The* Director of Publ"ic works stated that there are two trees at 1014 West Oak of great magnitude that was the worst example of what to expect in the City and the emergency of removal, that it would be a terrific expense to the property owner. Mayor Carson asked how are we 'going to deal with property owners if trees are dangerous and should be removed. The matter was referred to the City Attorney for study and report at a later date. The City Manager stated that he had received the Pomeroy Report and presented an official copy to all members of the Council. Mayor "arson stated that it was important enough to -have discussions and meetings with the Police,and other City departments. Councilman 316 Y L - Lopez stated that the scuedule of these discussions be made as soon as possible to try to solve some of the problems. Motion was made by Councilman Troxell, to receive the report from Mr; Pomeroy and refer the matter to the City Manager for future action. This was seconded by Councilman Kruchten.' Roli was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez and Kruchten. Absent: Councilman Chilton, excused. Nayes: None. The Mayor declared the motion adopted. The Assistant City Attorney stated that the Antique Bottle Club would like permission to dig for bottles at the old City dump. He stated they would be required to leave this in its original state, meet City conditions, post a bond, have liability insurance and not interfere with the Land Mark Commission projects. Mayor Carson stated that any bottles of local,signi- ficance be retained for our museum and if granted a use permit, be revocable on 30 days notice { and to define area to be worked. The Assistant City Attorney stated that there will be many holes dug and protective -barriers will have to be in place at all times. Mr. Bath, representing the Bottle Club, was present and stated that they are vitally interested and have conferred with the Land Mark Commission to have some kind of marker. That if it costs too much, no one will profit. Mayor Carson suggested that Mr. Bath, City Manager, + City Attorney and Land Mark Commission meet to determine cost, terms of agreement, etc. The Assistant City Attorney stated there would be no problem in preparing an agreement. Councilfmm ..Troxell suggested to let the Bottle Club do this on a 6 months basis, subject to review of their books, and to charge a percentage of the revenue. Mayor Carson stated that a temporary agreement be made for them to make exploratory l, seconded by Councilman Lopez, that the Antique digging. Motion was made by Councilman Troxel Bottle Club be granted a temporary permit to explore the old City dump site under the direc- tion of the Public Works Department and to the City Manager's satisfaction. Roll was called p resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez and Kruchten. Absent: Councilman Chilton, excused. Nayes: None. The Mayor declared the motion adopted. Motion was made by Councilman Troxell, seconded by Councilman Kruchten, that the - Council adjourn. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez and Kruchten. Absent: Councilman Chilton, excused. Nayes: None. The Mayor declared the motion adopted and the Council adjourned. ha r ATTEST: QL iz l-8 City Clerk