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HomeMy WebLinkAboutMINUTES-08/27/1970-RegularXn l MINUTES OF A REGULAR MEETING OF THE COUNCIL OF THE CITY OF FORT COLLINS, Held Thursday, August 27, 1970, at 1:30 o'clock P.M, 4 Present: Councilmen Carson, Troxell, Lopez, Chilton and Kruchten. City Assistant Manager Coffey,/City Attorney March and Director of Public works Liquin. Motion was made by Councilman Lopez, seconded by Council:-nan Chilton, that the read ing of the minutes of the last regular meeting held August 20, 1970, be dispensed with. Roll, iras'called resulting as follows: Ayes' Councilmen- Carson, Troxell, Lopez, Chilton and Kruchten. Nayes: None. The Mayor declared the 'notion adopted. Mayor Carson presented the following proclamation for the release of Dr. Fly from Uruguay, stating that letters and petitions with more than 3000 names were being sent hoping they will help in his release. "WHEREAS, Dr. Claude Fly, a noted agronomist from Fort Collins was serving the people of Uruguay by sharing his scientific and agricultural, knowledge as AID advisor from the U. S. Agency for Internationsl Development to the Uruguayan Ministry of Livestock j and Agriculture, and I WHEREAS, Dr. Fly was kidnaped on August 7, 1970, from an agricultural laboratory I in Uruguay and is still being held by his captors, and WHEREAS, the work of Dr. Fly was solely humanitarian and not political and his kidnaping bears no reasonable relations to any political struggle in Uruguay. !'NOW THEREFORE, as Mayor of the City of Fort Collins, Colorado, I call upon the kidnapers of Dr. Fly to release him unharmed to return to his family and continue his hum&nitarian work. "Given under my hand and the Seal of the City of Fort Collins this 25th day of August, 1970. ..... .._ . ..:_ /s/ Karl E. Carson I Mayor The following -ordinance was presented on first reading and read at length: ORDINANCE NO. 49, 1970 BEING AN ORDINANCE k-MENDING SECTION 15-70 OF -THE CODE OF ORDINANCES OF THE CITY OF FORT COLLINS, COLORADO, 1958, AS AeENDED, RELATING TO SPECIAL ASSESSMENTS FOR LOCAL PUBLIC IMPROVEMENTS. Motion was made by Councilman Troxell, seconded by Councilman Lopez, that Ordinance No. 49, 1970, be considered favorably on first reading, and ordered published this 27th day of August, 1970, and to be presented for final passage on the 17th day of September, 1970. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez, Chilton and Kruchten. Nayes: None., The Mayor declared the motion adopted. The following ordinance was presented on first reading and read at length: ORDINANCE NO. 50, 1970 BEING AN ORDINANCE ADOPTING AND ENTERING INTO A CONTRACT 1111TH THE NORTH COLLEGE AVENUE SANITATION DISTRICT. - The Ci t; 2:an ager steed that City should hav accepted an agreement with the District as long as 8 years ago. That the City now accepts the responsibility of the Distric and recommends approval to the agreement. Cost will be paid by Federal Grant and from the", Sewer Fund. Councilman Lopez stated this line has been needed for quite some time and y that Andersonville may.tie in. The City Manager commended Councilman Lopez for his interese in this project. lie stated' that the cesspool Dump will be moved from Willow Street out into the county.. Councilman Lopez Mated that in tying to the City trunk lire, polluting the river will be eliminated. 1,10tion was made by Councilman Kruchten, seconded by Councilmen z i° 318 Troxell, that Ordinance No. 50, 1970, be considered favorably on first reading; and ordered,; published this 27th day of August, 1970, and to be published for final passage on the 17th day of September, 1970. Roll was called resulting as follows: Ayes: Councilmen Carson* Trox 11, Lopez, Chilton and Kruchten. Naves: Nnne. The %1ayor declared the motion adopted. The following ordinance was presented on second reading: ORDINANCE NO. 4-3, 1970 BEING AN ORDINANCE AMENDING SECTION 2-4.4 of THE CODE OF ORDINANCES OF THE CITY OF FORT COLLINS, COLORADO, 1958, AS A -MENDED, RELATING TO'INTOXICATING LIQUORS Motion was made by Counci-man Troxell, seconded by Councilman Lopez, that Ordinance No. 43, 1970, be adopted. Roll was called resulting as follows: Ayes: Council Kruchten. Hayes: None. The Mayor declared the men Carson, Troxell, Lopez, Chilton and motion adopted. The following ordinance was presented on second reading: ORDINANCE NO. 44, 1970 BEING AN ORDINANCE AMENDIN G CHAPTER 19 OF THE CODE OF ORDINANNCES OF THE CITY OF FORT COLLINS, COLORADO, 1958, AS AMENDED, CO>DIONLY YNO„`N AS THE ZONING ORDINANCE AND CLASSIFYING FOR ZONING PURPOSES THE PROPERTY INCLUDED IN THE FOOTHILLS ANNEXATION TO THE CITY OF FORT COLL1 COLORADO Mr. Alvin Miller appeared and stated that since filing the plat, in which 'there were 17 lots, that the demand for the sites was great for building and asked if it would be possible to'start building before the effective date of this ordinance, that there are only two lots left at this time. The Assistant City Attorney stated it was not a regular procedure, but that it could be managed without any problem. The Council advised Mr. . k Miller to work with the Building Inspection Department. Motion was madely Councilman Lopez, seconded by Councilman Troxell, that Ordinance No. 44, 1970, be adopted. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez, C1:ilton':and Kruchten. Nayes: None. The Mayor declared the motion adopted. The following ordi-aance was presented on second reading: ORDINANCE No. 45, 1970 BEING AN ORDINANCE AMENDING TiiL 70\ING ORDI:V NCc OF THE CITY OF FORT COLLINS BY CHANTING THE ZONING CLASSIFICATION FOR CERTAIN PROPERTY 4 Motion was made by Councilman Troxell, seconded by Councilman Chilton, that "Ordinance No. 45, 1970, be adopted. Roll was called resulting as follows: Ayes: Coupe men Carson, Troxell, Lopez, Chilton and Kruchten. Nayes: • None. The Mayor declared the motion adopted. The following ordinance was presented on second reading: ORDINANCE NO. 46, 1970 BEING AN ORDINANCE RELATING TO THE IMPROVEMENT AND MAINTENANCE OE PUBLIC STREETS OCCUPIED OR CROSSED BY THE. RAILS OF ANY RAILROAD Motion was made by Councilman Troxell, seconded by Councilman_Kruchten,that Ordinance'No. 46, 1970, be adopted. Roll was called resulting as follows: Ayes: C K= men Carson, Troxell, Lopez, Chilton and Kruchten. Naves: None. The Mayor declared the motion adopted. =4� At the request of Wayne Schrader the consideration of his application, for a ser:yice station at Oak and Canyon Streets, tabled to this date, be continued to the next i regular meeting., September 3, 1970. Reconsideration of the application of Autotronics for an Attendant Self -Service_ Filling Station in the 700 Block of South College, tabled to this date, was again present, -- S _ l � t a 1S !i 'Motion was made by Councilman Kruchten, seconded by Councilman Chilton, that this be removed from the table. Roll was called resulting as follows: Ayes: Councilmen rp. - Cf Carson,.Troxell, Lopez, Chilton and Kruchten. Nayes: None. The Mayor declared the motion'. ;A .. adopted. The following report was presented and read at length: August 27, 1970 d T0; Tom Coffey, City Manager THRU: Charles Liquin, Director of Public works FROM: Joe A. Rice, City Traffic Engineer RE: Traffic Study--700 block south College, north -bound traffic. # As per your request of August 20, 1970, the following is a traffic study at the referrenced locatlion. On August 24, 1970, a 24-hour recorder traffic volume count was taken both north- bound and south. The results of this count were compared with a count taken in June of 1968, and are as follows: 1968 1970 Total Volume north -bound: 12,843 18,480 Total Volume south -bound: Total, north and south: North -bound hourly average, 10,351 12,976 23,278 31,456 7:00 A.M. 0 6:00 P.M.: 818 1,077 Peak hour maximum: 1,176 1,239 By examining these figures, it will be found that north -bound traffic has in creased on the average of 22 percent per year since the 1968 traffic count; and since the street has a center island the length of the block, the north -bound traffic will be of most concern. By further examination during the hours of 7:00 A.M. and 6:00 P.M.,: there is an average of one vehicle every 3.3 seconds passing ,in front of the property in question. By consulting one of the representatives of the Autotronic Systems company, it was calculated that a like station in Boulder, Colorado, averages between 300 and 400 vehicles using the facilities. The Boulder station has three islands, whereas the pro- posed station here in Fort Collins will have only two islands. In averaging and trying to anticipate the volume of traffic which will depart and enter the street, a figure of approximately 250 vehicles was reached. This is figuring 125 cars per island. This may be high for the present, but the future volumes have to given rigid consideration. In examining the geographical configuration of the islands in regards to the pro- perty lines on either side and the entrance and exit off South College. It'is felt that the property in question is not of sufficient width to accommodate the average vehicle. This is a vehicle in the medium price range without power steering, which has. an average outside turning radius of 40.9 feet and an inside radius of 24.5 feet. If the islands are designed on a 30° angle, then the turne will be 135°. There was some mention of use of the alley for larger vehicles. This, I do not condone. ?Alleys were so designed t6 furnish access to the back of property, and as utilities easements. They were not designed for exits of businesses in mid block. If alley use is restricted, then a camper with a boat trailer would not be able to use these facilities, or for that matter, any other vehicle with a high -turning radius. Therefore, I would recommend the request be refused on the findings mentioned above. ` P.espectfully submitted, /s/ Joe A. Rice City Traffic Engineer. Mr. Sid Overton, Attorney for .4utotronics, appeared stating that they, had talked! with'the Traffic Engineer several times and had no indication that a report of this nature would be presented until five minutes ago. He stated that in his opinion, it was totally unfair to present this report without their knowledge and based on this report, there was no doubt what the Council's decision would be, as this did not allow time to prepare plans and prepare their case on ingress and egress and the reason for the variation, 11 and stated that they would like to con tinue the hearing so. they may present their side. 320 Mayor Carson stated that the traffic report was at the request of the Council and el 11 asked Mr. Overton if he realized that the Council had passed an ordinance that would control''' business locations and that all the facts in this case wereconsidered objectively. Mr. Overton statC.'. ti at C . U6;,.;:. 1.., 1370, uao application was denied, that. G. Councilman Troxell said this was no place for a gasoline station. 3; Councilman Kruchten stated that he made a_motion in the August 20th meeting, that since there was no new evidence, that the Council's action would be the same as August 13th. and that it be continued. Mr. Overton stated that they would like a chance to make a rebuttal and show how well this station will fit in this location. Mr. Rice, The Traffic Engineer, appeared and stated that he had not completed this study when he talked to Pir. Ov erton and could not show him what the study did reveal,that after evaluating, and he wanted the Council and City Manager to know of his findings before presenting it to Autotronics, this was his decision. Councilman Troxell stated that we consider the request of Autotronics not an unusual request and that this be continued until September 17 or 24. This was seconded by Councilman Lopez. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell Troxell,.Chilton and Kruchten. Nayes: None. The Mayor decalred the motion adopted. The City Manager suggested to set the date of the 17th, as Councilman Troxell will be out of town September 3 and 10, and that he will be gone on the 24th. It was agreed that September 17, 1970, be the time for Mr. Overton to present further evidence on the matter. The Director of Public Works reported on the request of the Antique Bottle Club to explore for bottles at the old City dump. He stated they made one digging with the i back hoe Friday or Saturday but found nothing and were giving up the idea. The following amended report of the City Engineer was presented: TO: Tom Coffey, City 112nager THRU: Charles Liquin, Director of Public works FROM: Roy A. Bingman, 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. i In addition to the City owned land which consists of'32, percent .of the total area, petitions affecting 17. percent of the total area have been received requesting sanitary sewer to serve properties located on the following streets: Taft Hill Road from LaPorte Avenue tb a point 1172+ feet south of LaPorte Avenue. (Oa':: Street extended) LaPorte Avenge from "aft Hili Road to ?e nsylvania Avenue. Pennsylvania Avenue fro:^_ LaPorte Avenue to a point 351+ feet north of LaPorte Avenue. Was side of Taft Ei11_ Doad from LaPorte Avenue to a point 351+ feet north of LaPorte Avenue. It is recommended that the properties abutting the above streets be included in Consolidated Sanitary Sewer Improvement District No. 54; it is also recommended that the benefited.area for assessment purposes be limited to 1.50 -feet of nronerty depth. The cost estimate for the district is as follows 529,253 sq. ft. Assessable area: $27,305.00 Total estimated construction cost: Estimated construction cost per square foot $0.05159 of assessable area: Estimated cost per square foot of assessable area $0.06036 (including 17%): Estimated city Expenses: City Cemetary frontage on Taft Hill Road: $ 10,246.00 city cost for three properties with low $ 4,362.00 assessed valuations: Total Estimated City.Cost:- $14,608.00, Three parcels of land in the proposed district have a proposed assessment which substantially exceeds one-half of the property's ction 15-70 of the Code of Ordinances limits the valuations. Since Se amount of the assessment to one-half of the property's valuation for ceding, it is recommended assessment -for general taxes for the year pre 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 $4362 is listed above. It is also recocnnended that when any of the three properties 'connect to the sanitary sewer, that each owner be required to pay the assessable amount which the City previously - Provisions, for resolving assessments in.a similar manner, paid. are made in Section 34 of Sewer Ordinance No. 17, 1965, which enables ssessments for areas lying outside the City and the City to pay the a 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, and to publish the notice of the district. It is also necessary to provide for the administrative expense of processing the district. The following are recommended percentages of the total cost to cover each portion of the expense: Engineering 6% Legal & Publication: 2% Interest During Construction: 4% i Collection and Certification 5/ to County: TOTAL: 17% In addition, the Council must set forth the period over which the 3e aid and the rate of interest which will cost of the improvement may P be carried with the install -meats. It is reco:nmended`that the rnstal- lments be spread over ten years with an interest charge of 6 percent j'. per amum. ; - i Respe-atfullylsu r ` ten, Roy A. , Birdman City Encrineer e 322 r 5` Descri:,tioa of Sanitary,- S-:er--�rov>lent Dist_ict No. 54 (1970) e-.,,mencing at the i ntersectior. Of t: e center line of Taft � aiil Road - and the center line of LaPorte Avenue; tierce easterly along the canter line of LaPorte Avenue 180 feet; thence southerly and parallel to the center line of Taft Hill Road 1161.60 feet; thence westerly and parallel to the center line of LaPorte Avenue ISO feet to the center line of Taft Hill Road;;_ thence southerly along the center line of Taft 'till Road-39.9 feet; thence r westerly and parallel to tha center line of LaPorte Avenue 180 feet; thence northerly ant parallel to .the center line of Taft Hill Road 1021.5 feet; thence westerly and parallel to the center line of LaPorte Avenue 207.8 feet; thence northerly and parallel to the center line of Taft Hill Road 180 feet x k to the center line of LdPOrte Avenue, thence westerly along the center line of LaPorte Avenue 90_ feet to the easterly lire of New N.ercer Canal; thence northwesterly along the easterly line of the New Yercer Canal 215+ feet west of the center line of Pennsylvania to a point which lies 175 feet Avenue; thence northerly and parallel to the center line of Pennsylvania a Avenue 179+ feet to a point which lies 380.8 feet north of the center line of LaPorte Avenue; thence easterly and parallel to the center line of LaPorte Avenue 550 feet to the center line of Taft Hill Road; thence southerly along the center line of Taft Hill Road 380.78 feet to the point of beginning. The City Manager recommended the acceptance of the report. - The annual contract with the Colorado State Library for lndividual public Library Development was presented. The City Manager stated that the G-rant.of $3,287W was the same as last year. Motion was made by Councilman Troxell, seconded by Councilman Lopez, that this contract be accepted and the Mayor and City Clerk b'e.,author- ized to sign. Roll was called resulting as follows: Ayes: Councilmen Caron, Troxell, Lopez, Chilton and Kruthten. Nayes: None. The Mayor declared the motion adopted. The City Manager presented an acceptance for a Federal Grant for the Outfall. Sewer (North College District), the amount being $56,720.00 of $171,900.00, and recommended acceptance and authorized the :Mayor to sign Motion was made by Councilman Lopez, seconded by Councilman Kruchten, that this be accepted. Roll was called resulting as follows: Ayes:. Councilmen Carson, Troxell, Lopez, Chilton and 4' Kruchten. Nayes: None. The Mayor declared the motion adopted. The following communication was presented and read at length: August 24, 1970.. TO: Honorable tMayor and Councilmen THROUGH: Mr. Tom Coffey City Manager FROM: Mr. E. M. Kuppinger, Purchasing Agent gJBJECT: iMUNICIPAL POOL i•!ODERNIZATION A \' ux t0. ! k = MOW 5 �•n £ .y e l Bids have be:@t received and evaluated covering consideration for contract to furnish labor and material for Municipal Pool modernization: Covers upgrading of both the Wading Pool F,f -`? and adding anew supplementary filter system to the Main swimming pool, along with skimmers � and return fittings. A summary of the bids are as follows: Pleasure Pool Comppny, Inc. $ 15,470.00 �•; 4 NO OTHER BIDS RECEIVED Mr. H. R. Phillips, Director of Parks $ Recreation, has evaluated the bids and all specifi- cations have been net by the low bidder. `t The recommendation is that Pleasure Pool Company, Inc. be awarded the contract in the amount of $15,470.00. Respectfully submitted, /s/ E. M. Kuppinger Purchasing Agent Motion was made by Councilman Kruchten, seconded by Councilman Chilton, that the recommendation ofthe Purchasing Agent be accepted. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez, Chilton and Kruchten. Nayes: None. The Mayor declared the motion adopted. The following communication was presented -and read at length: TO: Honorable Mayor and Councilmen THROUGH: Mr. Tom Coffey, City Manager FROM: Mr. E. M. Kuppinger,-Purchasing Agent SUBJECT: Bids - Construction of Maintenance Bldg.. Bids have been received and .craluated covering consideration for purchase of: Contract for construction of Maintenance Building at new 18-hole Golf Course. 4 Five bids were sent; five were returned. A summary of the bids are as follows: Delozier Construction $ 11,291.00 Bartling Construction 11,995.00 Hockett Construction 12,856.00 Burton Builders 13,987.00 Denver Commercial Builders. 14,150.00 Mr. H. R. Phillips, Director of Parks $ Recreation, has evaluated the bids and all specifi- cations have been met by the low bidder. The recommendation is that DeLozier Construction Company be awarded the contract in the amount of $11,291.00. Respectfully submitted, /s/ E. M. Kuppinger Purchasing Agent The City ?,tanager stated that all of the bids were under the estimated cost and recommended DeLozier Construct inn Company. Motion was made by Councilman Troxell, seconded by Councilman Kruchten, that the recommendation of the Purchasing Agent be accepted. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez, Chilton and Kruchten. Nayes: None. The Mayor declared the motion adopted. Mr. Elery 1'iilmarth, Attorney for the Green Onion Corp., .62 Linden Street,. dSgner Elmer F. Peil, was present and stated that on behalf of Mr. Peils;;he offered a plea of no contest to the violation on the sale of Fermented Malt Beverages, and 'in doing so, ,the hearing be waived and Mr. Peil would accept whatever reasonable penalty is imposed. Mayor Carson asked if there any previous violations. Mr. Wilmarth stated that there were none. The Mayor called a recess. After approximately,45 minutes the Council reconvened and the Mayor stated that the plea of guilty was not accepted and time and date for a hearing be set. Motion was made by Councilman Lopez, seconded by Councilman Kruchten, 1 that. at 1:30 P.M. or as soon thereafter the mattermay come on for hearing, September 3, 1970. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lope_, ' 324 Chilton and Kruchten. 'Hayes: None. The Mayor declared -the motion adopted. The City Manager advised the Council that the regular monthly meeting of the Planning and Zoning Board would meet the Sth day of September instead of the 1st. f_ , . The uliu�; �,.o ..uiiTilLia iGu tl Dii was pr:a ented read at 1Gngt11: August 27, 1970 Mayor Karl E. Carson City of Fort Collins Fort Collins, Colorado Dear Sir.: I hereby tender my resignation as a member of the Human Relations Commission. As I have previously told you, I feel as if my presence on the Commission tends to inhibit the other members of the'-ommission, especially during any investigation having to do with the Police Department._ I have enjoyed my association with the Commission. Please be advised that I will be available at any time as an advisor, or in any capacity- that the Commission ray. deem helpful to them. Sincerely yours, /s/ Ralph M. Smith Chief of Police Motion was made by Councilman Kruchten, seconded by Councilman Chilton, that the resignation of Chief Smith from the Human Relations Commission be accepted with regret. Roll was called resulting as follows: Ayes: Councilman Carson, Troxell, Lopez, Chilton and Kruchten. 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, Chilton and Kruchten. Nayes:• None. The Mayor declared the motion adopted and the Council adjourned. / ATTEST: City Cleg