HomeMy WebLinkAboutMINUTES-09/20/1973-RegularIII
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- September 20,.1973
COUNCIL OF '1111 CITY OF PORT COLLINS, COLORADO
Council -}Manager Farm of Go--,-,ernment
Red a: Weti ;; Jv P.M.
A regular meeting of the Council of the City of Port Collins; Colorado, leas
held on Thursday, September 20, 1973, at 6:30 PX in the Council- Chamber. of
tha City Hall. :lave-.-, Pr_`le called the meeting; to order; there were present
Councilmen Bowling, Fead, Gray, Lopez, Preble, Reeves and Russell.
ataff members _present: Brunton, Di1'ullio, Bingman, March! and Lewis.
Proclamation
Mayor Preble requested a proclamation designating the week of September 24.
through September 28, 1973 as Fort Collins League of Women Voters Week, be read
into the record and urged the citizens of the City of Tort Collins to support
the activities of the F ort. Collins L ROP of i'omen Voters.
Minutes of_September 6, 1973 Approved
;Mayor Preblo stated copies of the minutes of September 6, 1973 Council meeting
had been received with the Agenda material; hearing no corrections, they stood.
approved as published.
Final P].at oJ: Brown Far, Second Filing Tabled
'Phis item had been tabled on September 6, 1973.
Co ncilrrian Bowling made a motion, seconded by Councilman Lopez, to remove this
item from the table for ccrsideration. Yeas: Councilmen Bowling, Fead, Gray,
Lopez, Preble, Rep es and Russell. Nays: None.
Direector of Planning, William Kane, identified the area or. the second filing.
City Attorney March inquired into the access to the larger :tracts and was
advises by Mr. Lane that Stuart Street would be continuous and the remaining
area woalo. be accessible.
City Manager Brunton responded to a question on the resolvement of the park
Question and stated the administ:..^':i.v.! recommendation to approve the plat would
include a stLt.eme - :hat nothing; uauij h: 'p rw, wd until the park question is-
resolvet.
Director of Community Development, Roy A. Bingman, stated that the greenbelt
area at tine north end, only a portion; had beer. dedicated with the first filing, and tho remainder would have to be dedicated with the filing on the north.
Councilman Reeves made a motio:, seconded by Col7::iiman Russ�•]1, to table the
item for two weeks ui,; 1 tl ;t„ h ac some I rr, prices ", to.:tha acquisition of
the land near Blevins and also toe park. land, Yeas: Councilmen Bbuling, Pead,
Gray, Lopez, Preble, Reeves and Russell Nays: None.
City Attorney March stated the formal procedure would be to refer the petition
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to the ,\ttorney for Ordinance preparation and hearing and a resolution giving
.. notice of hearing on the zoning. '
Councilman T,opez .made a. motion, seconded by Councilman Bowling, to refer the
petition to the City Attorney for ordinances preparation. Yeas: Cou: i.l.,,ar _
_ Bowling., Fead, Gray, Lopez, Preble, Reeves and Russell. Nays: None.
Ord9rsnce authorized annexing Horsetooth South Second
Annexation
' ouncilman Russel'.:aade a motieai, seconded by Councilman Lopez, to refer the
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' petition to the City Attorney for ordinance preparation. Yeas: Councilmen
Bowling, Fead, Gray, Lopez, Preble, Reeves and Russell. Nays: None.
Plat of Lemay, Ltd. First Subdivision Approved -.
Director of Community Development, Roy A. Bingman, stated this was one lot
subdivision. Planning Director, William Kane, stated it was proposed for
a veterinary Clinic and the developers hid been requested to submit a Planned
Unit Development Plan prior to any further development and they had been agreeable
to the ralues't.:.. The Planning and Zoning Board had recommen0d '^p"oval.
Councilman Lopez made a motion, seconded by Councilman Fead, to follo- the '
recommendati-r, of the staff and the Planning and Zoning Board. and approve the
plat. Yeas: Councilmen Bowling, Fead, Gray, Lopez, Preble, Reeves and
Russell. Nays: None.
Ordinance authorized annexing the Brown Farm Second Annexation
Director of Community Development, Roy Bingman, stated there were some questions
in regarsi to the annexation; the area was out of limits the City c2n serve by
gravity crater; that was one qu�sLion, whether the City wanted to bring this
arc. in at this time or Virther this should be studied as to an overall policy
as tar as the City is concerned with the Fort Collins -Loveland 1S'ater District.
One of the icems previously discussed as part of the foothills policy, was that
perhaps the City should negotiate with the district to obtain an overall
agreement in the foothills area on development, how it is to take place, under
what conditions as regard density,, fire protection, and whether the district
has reserve capacity and whether there should be a cut off point for Avelopment
sunplied by the District. Mr. Bingman stated the administration would like
.direction from the Council on how to proceed.
Councilman Lcrez : sjiested that any st&y maje no this item include what othar
alternative there •ould ha,to grovity fl.,w. Councilman Reeves also mentioned
the report should include the land that is already approved but that has not
been developed.
Councilman Bowling made a motion, seconded by Councilman Reeves, to refer the '
petition to the City Attorney for ordinance preparation. Yeas: Councilmen -
Yowling, lead, Gray, T.opez, Preble, Reeves and Aussell. Nays: , None.
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Ex,cnsion io. McDonald Is Unit Development Plan Approved
Director of Planning, William Kane, stated this was an extension to the Planned
Unit Development, which was Approved in January. The plan was for an indoor
restaurant with additional parking in the rear of the building. Ile Developer
had worked nit: the InAscoping any? t:ra{Fic with the appropriate departments.
Planning aini 3or..ing hn.,: recommended approval..
Councilman Bowl.i.ng, made a motion, seconded by Councilman Fead, to approve the
extension of. the Planned Unit Development Plan. Yeas: Councilmen Bowling,
Fead, Gray, Lopez, Preble, Reeves and Russell. days: None.
Amendment. to t o ' anned Unit Development Pi In c,i :,cotu: Pines
Pour';ln FilinR Ap roved
Director of Community Development, Roy A. Bingman, stated the plai.:;ad been
W through Council. Director of Planning, William Kane, stated this was a unique
situation created by a planned unit development with a proposal for custom home
construction and individually deeded lots. The question was to provide for
uniform development in the area and placement on the lots. The arrangement
that wa's made was that each lot had a specific set back requirement, anu that a
minimum distance will be maintained between each building, as smitten on the
Planned unit Development Plan.
Councilman n.opez inquired whose responsibility it would be to see that the
' requirements were met and was advised it .as the responsibility of the Building;
Inspector, and that there was only one contractor for the entire area, a ploL
plan would be submitted before a building permit was issued.
Councilman Bowling made a motion, seconded by Councilman Russell, to approve
the amendment to the Planned Unit Development Plan ,f Scotch Pines Fourth
Filing, subject to strict control by the Building Inspection Department.
Yeas: Councilmen Bowling, Fead, Gray, Lopez, Preble, Reeves and Russell.
Nays.: None.
Planned Unit Development of South Meza Third Filing
Director of Community Development, Roy Bingman, stated the annexation had been
before Council. Director of Planning, William Kant, identified the area .
and stated the land was subdivided in the County; the frontage road.had been
dedicated and Mason Street had been dediwatad w the Subdivision Plat. 'Thy
proposal was for a tire store, in the Highway Business 'Lone and under this zone
two acres were required, the landscaping had been worked out, the circulation plan
had also been worker? out and the Planniig Boar: and staff reconmenacd approval.
Councilman Lopez made a motion, seconded by Councilman Bowline;, to approve the
Planned Unit Development Plan. Yeas: Councilmen Bowling, Fead, Gray, Lopez,
Preble, Reeves and Russell. Nays: :none.
Ordinance adopted on second TQading relating to Purchasing—
Councilman Bowling made a notion, seconded by Councllma" Ovy, to adopt
Ordinance No. 74, 1973 on second reading. Yeas: CounciYen Bowling, Fead,
Gray, Lopez, Preble, Reeves and Russell. Nays: None.
NO. 74, 1973
1I E DEPARD;EM' OF PIRCHASES
Rr,VLiNG AGLW AND ESTM TSTI
PROCEDURES FOR ME CITY
IL OF .:It. CITY OF FORT COLLINS:
of Articic V of the Curter of the City of Fort Collins, a Division of
Purchases is hereby.establi.shed in the General Administrative Services
Lepartment of the City. Such Division shall be the purchasing agent for
a17. depanmchts and other agencies of the City.
Section 2. The position of City Purchasing Agent is hereby established'
aid the Purchasing Agent shall bc- I..,e head of the Division of Purchases.
1-19 shall be appointed in accordance with die personnel rules of the City
and7 shall have all powers and duties prescribed by this Ordinance.
Section 3. 'i`he City Purchasing Agent shall have the power and
it. shall be his duty to purchase or contract for all supplies and"contractural
services needed by any department or other agency of the City in accordance
with purchasing procedures as prescribed by this Ordinance, the City Charter.
and such rules and regulations Zs me: be promulgated or approved by the
City Alanager.. Except as may be otherwise provided by law, it shall be
unlawful for any City officer or officers tcj order the purchase of any
supplies or make any contract within the purview"of this Ordinance Other
than through the Departmer_t of Purchasing and ,:ny purc ase ordered or contract
made contrary to. the provisions hereof shall not be approved by the City
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officials and the City shall not be bound thereby.
Section 4.. The City purchasing Agent shall prepare and secure
with the cooperai:ion of the other departments and agencies of the City
standard and written specifications for supplies generally used by and
kept on hand for the various branches of the City Government. 'rho Purchasing
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+; Agent shall in conforming with the.provisions.of this Ordinance purchr.se
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Msuch supplies and the same shall be maintained for the use of the various
departments and agencies of the City upon their requisition.
Section S. Except as otherwise provided in this Ordinance, purchases
shill be made only after complying with the bidding procedure set forth
A. Before making any purchase the Purchasing Agent shall
' cause to be prepared ivulten specifications detail._ag the City's requirements
on the item to be.purchased...'IS_. Furchasing Agent may.request other departments
or agencies of the City to prepare specifications for purchases which Ivill
be made prvna..�ly for such departrrtF,:t or agency.. All specifications shall
be c1ear, i'ree of ;:-.!i;uity and shall provide a sound basis for competitive
bidding. In the case of specifications prepared primarily for a purchase
for a specific department or agency of the City the same shall be approved
by both the Fizzchasire Agent and the head of the department or agency concerned
before being submitted to bid. In case the purchasing Agent and other
departm?: , or agency h^.ads do not ag1"ee Lho iv-cceis shall be referred to
the City Manager through the head of c:,c Department of General Administrative
Services for final determi.natioi,.
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B. ]'he Purchasing Agent shall maintain a bidders' list which
shall be.the basis for submitting invitations to bid. Any person desiring
to receive invitations for bid from the City may submit his name for inclusion
on such list together with such prospective supplier's mailing address,
telephone number :aid tine type of goods such prospective bidder would propose
supply. fame sh.11 be included by tha Purchasing
Agent on the bidders' list but, the Purchasing Agent shall have the authority
to strike names from such list for good cause in accordance with rules
and'procedures to be established in the purchasing manual. Such rules
and procedured shall be sutrdUed to and approved b, the council before
final adoption.
C. Such specifications shall be available to any person
desiring to bid on the item to be purchased. 'Die Purchasing Agent shall
also solicit bids fr"m all nrospncti,!, suppliers on the bidders' list which
the Purchasing Agent shall maintain by sending such suppliers a copy of
the spec.ificati.ons and an invitation to bid. Invitations sent to suppliers
on the bidders` list shall by limited to those suppliers ordinarily handling
commodities similar, in character to those to whin the invitation relates.
Me Purchasing Agent shall further submit an invitation to bid to any other
supplier w:ao the Purchasing Agent feels would be capable of submitting
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a bid and supplying the item to be purchased.
D.. The notice Ovizing bids shall Fet forth the time within
ivl-ii6. :.a bids -must. be submitted and the procedures to be followed in receiving
and opening all bids. When deemed necessary by the Purchasing Agent bid
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' depo.=.:i_ts shall be required and the notice inviting bids shall describe
the bid deposit requirements. Unsuccessful bidders shall be entitled to
the return uf. ilei_. 5iucty where the Purcbasi.ng Agent has required bid
deposits and a successful bidder shall forfeit any surety required by the
Purchasing Agent upon failure on such success�'aui bidder's part to enter
O into a contract within fi_'tc .< (15) days afttr ;he a,,arc
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rWr E. Ii.id shall be submitted sealed to the Purchasing Agent
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W and shall be identified as bids on they envelope containing the same. All
bids shall be opened in public at the time and place stated :;n the invitation
to bid.. A tabulation of all bids received shall be available for public
it, =pec`imn in the office of the F-�.irc_hasirig Agent at all reasonable times.
P. The Purchasing Agent shall have the authority to reject
' all bids, parts.of all bids, o;: all bids for any one or more supplies or
services included in the proposed contract i0icn the public. interest .!ill
be served thereby. 'ihe Purchasing Agent shall not accept the bid of a
contractor who is in default on the performance of any other contract with
the City or in the paymenL of a.; truces, licenses or o'hcr monies due -to
the City.
G. The Purchasing Agent shall have the authority to
any contract to the person submitting hie lowest bid therefor which meets
the specifications, provided that in the case of an item to be purchased
primarily for the ii-e of a specific department or agency of the Cite, the
head of such department shall also approve such award of the bid. before
an award is made. In the event the Furchaf4ng Agent (or the department
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head concerned in the, case of a purchase requiring such department bead's
approval) determines that the low bidder should not relceive the contract,
he shall s;,'.,mit unc bads and his reconnnendatiou and any recoahw;d<:tacir.
of the head of any•de.partment concerned to the City Manager and in the
2:vent the City Manager determines that the arl,rl should be made to the
low bidder, then the Purcha:s ing Ag,�u:t s:ia.11 so award 1;t,,e co :.;:act:. In
the event the City P&anager determines that the contract should not be let
to the low bidder, he shall s-.;,mit the bids received and his recommendation
acid the recommendation of the Purchasing Agent: and any department head
concerned to the City GounciI for their final determination. In determining
i4hether an at,,ard should be made to the low bidder, the Purchasing Agent,
the department head concerned a::d the City.Manager shall consider the following-
(1) 'nie ability, capacity and skill of the bidder to perform
the contract or provide the services required.
(2) !%bether the bidder can perform the contract or provide
the service promptly and within the time specified without delay or interference.
(3) Tire character, integrity, reputation, judgment, experience
and efficiency of the bidder.
(4). The quality "f perfcr ance of previous contracts or
services.
(5) The previous, al.d existing covpl -lance by the bidder with
laws and ordinances relating to the contract or service.
(6) The suffici.erry of the financial _resources and ability
of the bidder to perform the contract or provide the service.
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(7) 'Ihe quality, availability and adaptability or the product,
supplies' or contractural services to the particular use required.
(9) The ability -)f the bidder to provide future maintenance
and service for the use of the subject of the contract.
(9) The nunber.anj scope of conditions attached to the bid.
H. In w,.3, case where two or more bids are received for the
pa same total amount or unit price the low bidder shall be determined by drawing
lots in public.
Section 6. In any case where it is determined in accordance with
the provisions of this Ordinance that only one supplier is available to
supply a particular item to be Purchased for the City the PvrcharP- Agent
shall have the power to negotiate a purchase from such.sole supplier in
' . accordance with the pl- visions hereof.
A. Before ;iroccsdii,g to negotiate a purchase pursuant to
this provision, the head of the departmen-L having jurisdiction over the
agency for which the purchase is to be made shall file with the City Purchasing
A.,,en- a .mole source iustification establishing that only one supplier can
provide the item to be purchased and that no substitute item is available
ldiikh world accoi,iodate the needs of t' - department or agency for whom the
purchase.is to be made. '11io purchasing agent shall submit, such sole source
justification to the City Manager who shall Approve or reject the SITne.
If such sol^ source justification is approved +:1ie Purchasing Agent shall
-proceed to negotiate the purchase of the item requested but before conuniting
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to purchase the same shall submit the result of his negotiations to the
City Manager and obtain his approval therefor. Any justification previously
approved by the City Manager may. be used as the basis for a negotiated
purchase of additional quantities of the same item at any time within the
period of two (2) years from the date of approval by the City Manager. ,.
After such time the sole source justification must be resubmitted and reapproved
by the City Manager before additional purchases are made thereunder. The
City Manager may if he believes it necessary, limit his approval of a sole
source justification to a specific number of purchases or for a shorter -
period of time than tyro (2) years, in which case such limitation shall
control.
B. Abtwithstanding anything to the contrary in the fe.rgoing
subparagraph A, no purchase of any item negotiated pursuant to a sole source
justification ousting mvr. Lhan .$10,000.00 shall be made until approved
by the City Council in open Council meeting.
Sec*=^^ 7. The Purchasirp Agent shall. further have the puwer
tc ncsotidte purchases of supplies and services in the following cases
where it is not practical to secure the purchase of such item by formal
bid procedure, to -wit:
A. Supplies or services, the availability of which is ^e
limited that,the normal bid process.cannot be used or will result in substantially
higher costs to Vie City.
B. Perishable items-
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' C. Items which require substantial plant investment on the
part of the supplier.
D. Purchases made of it(,s•r.eq,'ring a-part:icular decorative
effect or purchases based on particular individual usage or professional
advice.
Before a purchase is maae pursuant to this Section 7, a justification for
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this type purchase shall be submitted to the. City Manager for his anproval
in the same miner as a sole source justification in the case of a purchase
made pursuant to Section 6 above and the purchase shall be made subject
to all the requirements which would apply in the case of a sole source
Approval of any p-w-chase hereunder may be used as the basis
for furth:,r purchases at any time within two years after the approval. unless
the approval provides for a listed period of time or restricts the number
of purchases to soma specific number.
Section 8. The Purchasing Agent shall have the authority to join
with ot',;er units of government in cooperati•: _ purchasing plans i+Th.n the
best interests of the City would be served there'w: Bids received by any
other governmental agency shall be the equivalent of bids received by the
City of Fort Collins and may. be the basis for any purchase by the City.
S^_tion 9.. In any case where the city has within the preceding
twelve months received bids for the purchase of any item the Purchasing
Agent may ncgotiwtc .vi.th the success{'.el_ im bidder of such item fir Lt.e
further purchase of the same material previously bid.:- No purchase 1)a11
be made pursuant hereto..at a price higher than the previous :yid of the
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supplier.
Section 10. In case of an apparent emergency requiring immediate
'.-ies or contractural services the City Manager Shall
purchase cf sugpha:e
the power to authorize the Purchasing Agent to secure by informal bid procedure
at the lowest obtainable price any supplies or ccntractaral services regardless
of the amount" of the exneHit;:re. Such into.e:al bi ;>rr a:L shall to
the extent possible consist of obtaining quotes from at least three suppliers
of the material to be purchaseu either by telephone or otherwise and awarding
the contract to the person supplying the lowest quote. "A full report of
the circumstances of .any such emergency purchase shall be made in writing
by the City Manager to the City Council and the same shall be received
by the City Council in open meeting and such report shall be open to public
inspection at any time. �.
Section 11. The Purchasing Agent shall have the power `. .1e,otiate
without bid for the purchase of any article or service not exceeding a
cost of.$1,500.00. Such negotiated purchases shall be made in the open
market, but wherever possible the purchasing agent shall obtain quotes
from at least three suppliers for any item so selected and shall award
the contract to the person supplying the lowest responsible quote after
first taking into consideratio;i the sty„dards set forth in Section S.
The Purchasing Agent shall keep a record on all open market purchases a:,d
such record shall be open'to public inspection.
Section 12. The rules :2a regulations to be adopted relating
to purchasing hereunder may include provisions whereunder the Purchasing
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Agent may authorize purchases of goods inn the open market by other departments
oragenciesof the City, provided that such purchase shall not exceed a
cost of $50.00. Such rules and regulations shall require thatoall receipts
be filed with the Purchasing Agent and that any such purchases be from
a supplier approved by the Purchasing Agent.
Section !:i. 'lne City Manager shall have the power to authorize
CZ the Purchasing Agent to approve a contract for services of a professional,
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' technical or consultive nature, the major result of which would yield to
the City a report, plan or simi.ar document without regard to other provisions
of this Ordinance. No such contracts for services resulting in a cost
to -'the City in excess of $16,000.00 shall be entered into until aprrwed
by the City Council in open Council meeting.
Section 14. E:cept in cases of emergency when authorized by the
City Manager, the r'urchaai:.g AgenL shall not issue any order for delivery
on a contract or open market purchase until the director of finance shall
have certified that there is to the credit of the using agency concerned
a si)ff_cic:.t unencumbered appropriation balance in excess of all unpaid
obligations to defray the cost of such order.
Section 15. Any purchase order or contract made contrary to the
provisions o{ this Ordinance shall be void and wholly without effect an:
shall not .be binding upon the City of Fort Collins in any manner.
Sect;.on _6. Any case where fo.nnal.`•iras are required by the provisions
of this Ordinance and less than three birds are received by thrd Purchasing
Agent, no contact shall be awarded upon such bids except after a report
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to and approval by.the City Manager.
Introduced, consideredy favorably on first reading and ordered
niablished this clay of 1973, and to be presented for final pass^ge
on the o2a� day of 973'
Mayor
MAY Clerk
Passed and a3optecl on finai reading this a day of'�;�y�
1973.
ATTEST
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First reading: September 6, 1973 (Vote: Yeas: 7, Nays: 0)
Final reading: September 20, 1973 (vote: Yeas: 7, Nays: 0)
Published: September 11 and 25, 1S73
Attest:
City Cler
Ordinance adopted on second reading Establishing Water
and Sewer Rate Increases
City Manager Brunton stated.his reconunPndation submitted with the agenda
included the deletion of Sections 1 and.2, pertaining to water meters;'also
he woulri like to '.;ave a ruling from the Attorney and the wishes of tha Cow:cil
in hxring wa`Lr meters provided through Revenue Sharing under the HLuian
Resources Department.
Councilman Lopez made a motion, seconded by Councilman Fead, to adopt Ci,dinance
No. 80, 1973 on second reading.
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Councilman Bowling made'a ,notion; seconded by Councilman Russell, to amcnd the
ordinance by deleting Sections l and 2, pend;..na the new study to be incorporated
in the budget. Yeas: Councilmen Bowiinc;, Gras; Lopez,.-Preble, Reeves and
Russell.. Nays: Councilman Fead.
The chair put the question on the Ordinance as amended. Yeas: Councilmen
Bowling, Fead, Gray, Lopez, .ieble, Rc;^v s; and Russell. Nays: Nonc:
ORDINANCE NO, 80, 1973
BEING A14 ORDINANCE AMENDING ARTICLES I AND II OF
^1!,1PTr.R 112 THE CODE OF THE CITY OF FORT COLLINS
RELATING TO THE WATER AND SEWER UTILITY OF THE CITY
_ AND RGTEc POD R';: E FROM SUCH FACILITIES
WHEREAS, the administration of the City has conducted a
study relating to the anticipated capital improvement costs and operating
costs to Ue incurred by the water and sexier utility of the City; and
WHEREAS, the Plater hoard has reviewed the c:ata prepared by
the City administration and has recommended rate increases for both the
sewer and the water utility in order to meet the anticipated Cott= for
Such utilities; and
W'HE-REAS; the City Council has received the report: of the Water
' Board and has further received the results of additional studies by the
administration relating to this subject; and
WHEREAS, it appears that it is necessary to increase the rates
for sewer service in the City at this time; and
WHEREAS, it further appears that the need to increase rates for
water'servi:.0 can be deferre•i ll1:Lll the end of 1973, at itrhich time the City
expects to complete a study now underway on the rate structure of the water
and sewer utilit.,'nd
WHEREAS, it appears that at such time it will be necessary to
=_ncrease the. revenue from the water utility by approximately 30% and that
an additional increase of approximately 25% will be needed about January 1,
1975: ana
WHEREAS, it appears to the City Council that. the most feasible and
equitable means ofprovidingrelief to the low and fixed income, citizens and
others with low water consumption needs would �o to make water meters ava.l-I.,I
wit::c.:i. ccb L to thOLe requesting the s.-.me,
COLLINS:
NOW, THEREFORE, BE IT"ORDAINED BY THE COUNCIL OF THE CITY OF FORT -
Section 1. That S::ccion 117.-105 of the Code of tite City of
Fort Collins be, and the same hereby is, amended by deleti.ng therefrom
- , subsections A, B and C the-r^of and by substituting theref r the following:
"A. City flat rate water users (per. month).
l "ac, ilViub uaL L-}'i'dVity 5y5tem
, 14.sx
"(2) Each living unit -pump system, M 25
16U-
'-A
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City matsred wa cr users fper month). 'the charge
for sewer service for each month shall be 114, of the
current monthly bill for water service. '
"C. Outside City metered water users.
"(1) The charge per month for sewer service for
a living unit shall be 1660 of the average
monthly bill fn, watt: service during the
preceding months of January, February and
March, but not less than V fi to per quarter.
"(2) Tile sewer .<,ervice cL•'argA fcr senor service
to other than one living unit shall be negotiated
City riatiagbr : n ° UT �'2nv ci L�
by th.
.. Council."
Section 2, This..Crdinance shall be effective on October 1,
1973, exccut that the change in rates set forth. in Section13 shall be
effective on the first billing date after. October 1, 1973, for each
customer of tine sewer utility.
Introduced, considered favorably on first reading, and ordered
published this / r,; day of /' I , A.A. 1973, and to be pre-
ceni�d for final passage en the ' ," ay of
�;A.D. 1973.
Mayor
ATTEST:
City Clerk
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A.D. 1973.
Passed and adopted Ar r_;ia: reading this _..�` day of
all
ATTEST:'
r"'yor -- —�
City ClArlc -
First reading: September 6, 1973 (Vote: Yeas: 7, Nays: 0)
Final reading: September 20, 1973 (Vote: Yeas:,7, Nays: 0)
Published: Sep er ll and 25 1973 ,
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Attest:
City CleiT—!
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Ordinance adopted on 5scond reading Amending the We
relating to Occupatio,ial Licease 'lax on the business of
selling Fermented Malt Bc'rerages
Councilman Reeves made 0. motion, seconded by Councilman Lopez, to adopt Ordinnncc.
No. 82, 1973 on second reading. Ycas: Councilmen Bowling, fead,,Gray, Lopez,
Preble, Reeves and Russell. Nays: None.
ORDINANCE NO. f;9 , 1973
BEING AN ORDINANCE AiMENDING SECTION 33-18 OF THE CODE
OF THE CITY OF FORT COLLINS RELATING TO THE.
OCCUPATIONAL LICENSE TAX ON THE.BUSINESS
OF SELLING FERMENTED MALT BEVERAGES
- BE IT ORDAINED BY THE COUNCIh OF THE CITY OF FORT COLLINS:
W
That Section 33-18B of the Code of the City of Fort Collins be,'
-
and the same hereby is, amended by adding thereto at the end thereof the
following:
"In the event the ownership of an existing,license
is transferred to a new licensee during any year,
the transferred license shall not be consider_? a
new license and no additional occupational license
tax shall be. required in connecticn with such license."
' Introduced, considered favorably on first reading, and ordered
nuvished this 6th day of September, A.D. 1973, and to be presented for
final passage qn the 2.0th day.of September, A.D. 1973.
Mayor
ATTEST:
City- Clerk
Passed and adopted on final reading this .20th uay of September,
A.D. 1973.
Mayor
ATTEST: .
1 City Clerk.
First reading: September 6, Q73 (Vote: Yeas: 7, Nays: 0)
Second reading: September 2.0, 1973 (Vote: Yeas: 7, Nays: 0)
Published: _September 11 and 25, 1973
Attest
City Clerk — — -- v
nrdi.nance- adopted on second reading amending the Code relating to
Occuyanibnal License Tax on the business of manufacturi,ng_or
selling Malt, Vinous, or spi.rtuous Liquors
Councilman Lopez made a motion, seconded by Councilman Bowling, to adopt
Ordinance No. 83, 1973 on second reading. Peas: Councilmen Botding, Fead,
Gray, Lopez, Preble, Reeves and Rucsoll. Nays: None.
ORDINANCE NO. Tie 1973
BEING AN ORDINANCE AMENDING SECTION 33-6
OF THE CODE OF TIME CITY OF FORT COLLiNS
RELATING TO THE OCCUPATIONAL LICENSE TAX
ON THE BUSINESS OF MANUFACTURING OR SELLING
MALT, VINOUS OR SPIRITOUS LI UORS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS:
That Section 33-6° of the Code of the City of. Fort Collins be,
and the same hereby is, amended by adding thereto at the end thereof the
following:
'gin the event thr. mgnl,rsblp of an existing license
is transferred to a new licensee during any year,
the t_an.;ferred license shall not be considered a
new license and no additional oceUpaii.onal license
tax shall be required in connection with such license.''
Introd•jced, considered favorably on first reading, and ordered
publieqed this 6th day of September, A.D. 1973, and to be presented for
final r,.sa?e on tha 20th day of September, A.D. 1973.
ATTEST: gayor
City Clerk
1
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18,
Speaking in favor of the requested IL, RLP grid RP requested zoning were the
following, who gave a lengthy presentation on the proposed. development, the
chool.district impact, and comparable developments:
Mr. AmoF.Allard, representing the Stewarts
Mr. F',te Delgato, Del-ato and Associates
Mr. Dudley Light, Housing Consultant
Mr. Bob.Tyson, Architect
Councilman Bowling spoke to the recomaendation of the Planning and Zoning Board
f.;r zcnir: the entire annexation RLP.
Councilman Bowling, made a motion, seconded by Councilman Gray, to recorunend RLP
zoning in the ordinance. Yeas: .Council;i;en howling, Gray, Preble, R�cvrs
and Russell Nays: Councilmen 'ad and Lopez.
Mr. Amos Allard scatod le wished, at this time, to withdraw the a*v _x2tior
petition.: ' City Atto-n—, `•!a_ch staced the Council had na,t vu :ed
on the zoning as yet.
Councilman Gray made a motion, seconded by Councilman Bowling, to adopt
Ordinance No. 81, 1973, zoning the Stewart Annexation, in the RLP zone. Yeas:
Councilmen Bowline, Gray, Pr bla zjid Reeves. r•ys: Cou-,-4.Irien Fead, Lopez
..�d Russell.
19
Councilmen Bowling made.a motion, seconded by Councilman Russell, that theJ
petitioner be allowed to withdraw his p,-t tlon fcr annexation to further study
the plan to see what he can come up with. Yeas: Councilmen Bowlir:E, Fead,
Gray, Lopez, Preble, Reeves and Russell. Nays: None.
City Attorney March stated a motion to defeat Ordinance No. 77, annexing Ste'.rrirt
Annexation because of the withdrawal, would be in order.
Councilman Gray made a motion, seconded by Councilman Lopez, to defeat Ordinance
No. 77, 1973 on second reading. Yeas; Councilmen Bowling, Fead, Gray, Lopez,
Preble, peeves and Russell., Nays: None.
City Attorney March stated that in order to keep the item of zoning uncluttered,
it would be proper to have a motion to reconsider Ordinance No. 81, 1973 on
first reading.
Councilman Bowling made a motion, seconded by Councilman Reeves, to reconsider
Ordinance No. 81, 1973. Yeas: Councilmen Bowling, Fead, Gray, Lopez,
Preble, Reeves and Russell. Nays: . None.
Councilman Bowling made a_ mot ion, seconded by Co,uzcilman Fead, to defer".
Ordinance No. 81, 1973 on first reading. Yeas: Councilmen Bowling, Fead,
Gray, Lopez, Preble, Reeves and Russell. Nays: None.
Ordinance tabled zoning East Prospect Street Annexation
Director of Planning, William Kanc--, identified the area; the original proposal
had been before the Planning and Zoning Board, which recommended several
-one Shan. -es, the matter had been referred back to the Planning and Zoning board
to resolve the zoning on the Deines property. Mr. Kane gave the rationale
behind the Planning and 'Zoning recommendation, and the concerns as expressed ;
Mr.. Deines, wherely lie would require a higher density in order to provide the
financial impetus to add some amenities to make.the area sufficiently attrac-
tive to attract people to l:ve in apartments.
Councilman Fead made a motion, seconded by Councilman Bowling to table the request
until Mr.•Deincs can be present. Yeas: Councilmen Bowling, Fe?d, Gray, Lupez,
Preble, Reeves and Russell. Nays: Nor_•.
Grd nr--ce adopted on first reading vacating a Portion
of Mack Street
Councilman Fead made a motion, seconded by Councilman Gray, to adopt Ordinance
No. 85, 1973 on first reading. Yeas: Councilmen Bowling, Fead, Gray, Lopez,
Preble, Reeves and Russell. Nays: None.
Ordinsu,,e adopted (:n first reading ordering si6ewalk repairs
City Attorney March stated the ordinance number had been left off the ordinance
and recucsted a motion to number the ordinance.
Councilman Reeves made a motion, seconded by Councilman Fead, to insert the
No. 86, 1973 in the title of the ordinance. Yeas: Councilmen Bowling, Fead,
Gray, Lopez, Preble, Reeves and Russell. Nays: None.
Councilman Fead stated this was a follow-rp to .action Council took some tune
back, and results from the fact that these property owners were given a chance
to mahe the repairs at their o•.,n expense without having the City do it.
Councilman Russell stated he felt it would probably be unfair to the First
United Presbyterian Church owners of Blazk 115, at this time to enforce these
sidewalts, beca"se they are now in the wi.dst of a building cc-:paign, and th-V
walks are to be done in harmony and twitL d proposed building. Director
of Community Development, Roy A. Bingman, stated the City has received a letter
fr3m the church in this regard and they, have indicated that if there are any
particularly dangerous portions, they will go ahead and fix those and the City
will inspect them. It was his feeling that there were not any dangerous
portions, and the church has indicated that they will replace a'! K thq
isant,ing walks.
Councilman Russell made a motion, seconded by Councilman Reeves, to delete
from ti.c schedule, block 115. Yeas: Councilmen Bowling, Fead, Gray, Lopez,
Preble, Reeves and Russell. Nayes: None.
Councilman Gray made a motion, seconded by Councilman Lopez, to. adopt Ordinance
No. 86, 1973 on first: reading. Yeas: Councilmen Bowling, Fead, Gray, Lopez,
Preble, Reeves and Russell. Nays: None.
Resolutions adopted givi-g notice concerning a proposed
ordinance amending Chapter 118 of the Code of the City of
Fort Collins commonly known as the zoning ordinance changing
the procedures for amending said ordinance
City Attorney March stated a motion was necessary to insert in the first blank
9ctc.Jer i8, 1973, and on the passage date, September 20; 1973, and same insnitions
on the notice of public hearing.
Councilman Bowling made a motion, seconded by Councilman Russell, to insert in
the repolution and notice of hearirl, October 18, 1973, and September "n 1973.
Yeas: Councilmen Bowling, Fead, Gray, Lopez, Preble, Reeves and Russell.
Nays: None.
RESOLUTION 73-78
OF THE CC'N'CIL 01' THE CITY OF FORT COLLINS
GIVING NOTICE CONCERNING A PROPOSED
ORDINANCE AMENDING CHAPTER 118 OF THE
CODE OF THE CITY OF QAT COLLINS COMMONLY
KNOWN AS THE ZONING ORDINANCE CHANGING
THE PROCEDURE FOR AMENDING SAID ORDINANCE
WHEREAS, the City Councildesires to amend the zoning ordinance
.to clarify the procedures required for amendment of the zoning ordin-nce;
and
WHEREAS, the PI ,fining and Zoning Board has mace a stu-'y con-
cerning a proposed amei.;_wnt relating to sti;h subje-t and has made a
report and recommendation thereon in accordance with the ordinances of
the City; nnd.
r.
<„
JOS
WHEREAS, the City Council desires to hold a hearing on an ordi-
-,ance amending the zoning ordinance.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that 7 rr: at 6:30 P.M, or as
soon thereafter as the matter may come en for hearing in the Council
Chambers of the City Hall of the City of Fort Collins, is hereby set as
the time and place for a public hearing o- an ordinance amending the
zo,l:no Ordinance; and
SE IT FURTHER RESOLVED that the City Clerk is hereby instructed
to publish a notice of said hearing as provi,de,� in Chapter 118 of the Code
of the City of Fort Collis.:: in tl:e form attached hereto.
Passed and,-adcpta(! at a regular meeting of the City Council held
this �2� `=_ day of -). - , �;; A,D. 1 i3,
Mayor
ATTEST:
City Clr;v
NOTICE OF PUBLIC HEARING
TO WHOM IT 14AY CONCERN:
Notice is hereby given that on the /;' day of
1973, at 6:30 o'clock P.M. or as soon thereafter as the matter may come
Oil for hearing in the Council Chambers in the City Hall of the City of
Fort Collins the City Council will hold a public hearing on an ordinance
amending the zoning ordinance so as to make it clear that the procedures
required under baid ordinance for amendments to the ordinance relate
only to amendments zoning property and not to other amendments to the .
ordinance and changing the notice required by publication of a proposed
amendment :.'.ir :i : :v.n (I ? days 7rinr to the 1—iriag date to seven (7)
days prior to the hearing date.
Dated at Fort Collins, Colorado, thisC day of,
1973, .
Clty Clerk
22
f
Resolution adopted making appointment of members to
the Policemen's and Firemen's Pension Board
Councilman read made a motion, seconded by Councilmem Bowling, to adopt the
resolution. Yeas: Councilmen Bowling, Fead, Gray, Lopez, Prebie, Reeves and
Russell. Nays: None.
RESOLUTION 73-79
OF THE COUNCIL OF THE CITY OF FORT COLLINS
CONCERNING MEMBERSHIP ON THE. BOARD OF
TRUSTRES OF THE POLICEMEN'S PENSION
FUND AND THE FIREMEN'S PENSION FUND
WHEREAS, heretofore by resolution the City Council recognized
the appointment of members from the appropriate department on the Police-
men's Pension Fund Board of Trustees and on the Firemen's Pension Fund
Board of Trustees; and
WHEREAS, pursuant to the ordinance an^ statuie creating such
boards, some of the members thereof arc selected by the members of the
appropriate department; and
WHEREASI the member of the Policemen's Pension Fund elected from
the Police Department was Lawrence H. Julch, but the rosolutiop re r_gnizing
the membership of such board incorrectly named Patrick T. Kelly as the
member from the department; and
WHEREAS, s0c., the adoption of the resolution recognizing the
members of such board the members of the Fire Department have elected
Roger Peter, to replace James E. Walker as a member of such board..
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS:
Section 1. That the resolution heretofore adopted by the City
Council. on July 19, 1973, is hereby amended and corrected to show as the
venbs of the Policemen's Pension Fund Board of Trustees elected from the
Police Department Lawrence H. Julch instead of Patrick T. Kelly.
Section 2. That the City Council hereby recognizes that the
members of the Firc Department have electod Roger Peter to replace James E.
Walker on the Firemen's Pension Find Board of Trustees and the City Council
hereby confirms the appointm=._` of Roger Peter to.succeed James E. Walker
:s a mambe- of ;Yoh board.
Passed and adopted at a ro ulir meeting of the City Council
held this 20th day of'September, A.D. 1973.
ATTEST: Mayor
Ci ty Clorl-
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L. d l
Request of Immanuel Chxistian Refoyied Church for a
variance concerning the new `Wat r and Sewer Plant Investment
Fees Denied
This.item had been tabled September 6, 1973.
Councilman. Lopez made .a motion, seconded by Councilman Fead, '.:o rc:.-.o,e the
item fioin t:he.table for consideration. Yeas: Counci-lmen. Bowling„ Fead; Gray,
Lopez, Preble, Reeves and Russell. Nays: None.
City Attorney March stated there was a memorandum in the file and legally the
administration has nc choicebut.to deny the request; since the matter was before
the Council and the only way the Council could approve the request taotad be to
chang.: the resolution.
Councilman Lopez made a motion, seconded by Councilman Bowling, that the
request he denied. Yeas: Councilmen. Bowling, Fead, Gray. Lopez,Preble and.
Reeves: .Nays: Councilman Russell.
Agreement with State Board of Agriculture regarding fees
on University ViilaLLe II Approved and Resolution adopted
City Attorney March stated there was an agreement and resolution in the agenda
packet; also a draft of a letter reaa-ding University Village II which is
separate from the agreement. The agreement was only inte,iae3 to cuver the
interim period between the time the City cancelled the old agreement and the
time the City gives the University a new agreement and change the rates.
Councilman Bowling made a motion, seconded by Councilman Lopez, to adopt the
rescloricA. Yeas: Councilmen Bowling, Gray, Lopez, Preblo, Reeves and Russ-.11.
Nays: None. . (Councilmen Fead out of room)
iinSOLUTION 73-80
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING AN AGREEMENT TO BE ENTERED
INTO WITH THE STATE BOARD OF AGRICULTURE
CONCERNING FURNISHING WATER AND SANITARY
SihER SERVICE TO COLORADO STATE UNIVERSITY
WHEREAS, the City of Fort Collins has in the past and now does.
furnish water and sanitary sewer service to Colorado State University; ana
WHEREAS, the agreement tinder which such service has been provided
iin the past has boon terminated pending adjustment of rates charged by the
City for such service; and
MAEREAS, it is desirable to provide for such service by an. interim
agreement until such time as a new agreement can be prepared to reflect.,
the adjusted rates anticipated by the City; and
H9IEREAS, such an agreement has been prepared by the City Attorney,
and approved by the City naAa;2r.
1
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IT 1.
NO,, T:IEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF PORT
COLLINS that the Terms and conditions of the agreement between the City of
Fort Collins and the State Board of Agriculture be, and the sane hereby are,
accepted and approved; and
BE IT FURTHER RESOLVED, that the Mayor and City Clerk be, and they
hereby arP; au'havized and dirsated io execut^ said agreement ion ani on
behalf of the City ar Fort Collins.
Passed and adopted at a regular meeting of the City Council
held this 20tit day of September, A.D. 1973.
�] ATTEST: Mayor
City Clerk
City Attorney Harch stated the University Village I1 problem was covered by
a draft, letter and if Council" accepted the solution, Council, by _motion should
authorize the administration to q;wzeed.
City M&I:ager Erunton stated tics administration had h d a series of meetings vith
' . the new resident Attorney at CSU, Mr. Don Rohdy, and the City Atto7nvy, and it
was concluded that the present water fees and the ne.: :T„er L6es would be by
agreement and the sewer tali by a letter. Mr.Brunton stated this is what had
been approved by Council on September 6, 1973,
Councilman Lopez made a motion, seconded by Councilman Bowling, to authorize the "
administration to proceed as stated it the draft letter. Yeas: Councilmen
Bowling, Preble and Lopez. Nays: Councilmen Gray, Reeves and Russell.
(Councilman Fead out of room).
Councilman Russell stated he and Councilman Reeves had a question ot. $39,000.00
parkland fee to Le paid without. intorest. City Manager Brunton stated perhaps
the administration could negotiate for interest of fi'✓e or six percent. City
Attorney March stated he couIC fGTese('(�=Obiu7i5, le -^,al ramifications, which he
had not discussed with the State ward.
Mr. .ran Scarboro requested information rel^tWo to different tze tr:cct fc_
University. City Attorney March rosj)"tdcd to the inc,-ary and City d,unager Bruntc.n
stated the University/City relations are goveroned by a series of agreements, and
if changes were desirable, they should be made when new agreements were drafted.
Councilman Russell inquired if the University were now in a housing competitive
' market. City Manager Brunton reviewed the minutes of September 6, 1973 in
regal.d to the rec anmendat.ions )f the :niministratior. which ;:ere approved; Mr.
Brunton also spok,, to the potential of a ruling from the Attorney General that
might say they were exempt, then -the courts would have to decide. .
25
11 1 Z
Councilman Lopez m::de a motion, seconded by Councilman Bowling, to reconsider the
previous acticn. yeas: Councilmen Bowling, Fead, Gray, Lopez, Preble, Reeves ,
and Russell. Nays: None.
Councilman Lopez made a motion, seconded by Councilman Bowlv:g, to approve the
agreement contained in the letter. Yeas: Councilmen Bowling, Fead, Gray, Lopez,
Preble, Reeves ar-? ]tassel?— Nays: Ncn:;.
Recommendations from DT2 Committee Approved
The Steering Committee of DT2 having studied the Transportation Task Force
report makes the followir3 observations :.yid reccr,nerdCri:;s tc the City
Council:
The Capital Improvem nts Program approved by the voters on February 20,
1973, included an item for public transportation in the amount of $720,000.
In the presentation made to the public, there is a statement which said in
part "This system will not be comprehensive -- the systerc will be a city.
operated subsidy primarily aimed at easing the transportation difficulties
in the. note area for the elderly and students.''
Dig does not oppose privately operated systems if accomplished without a
municipal subsidy. Howev, 0, historically private transportation systems
in Fort Collins have been a failure. This we find has been generally true
na t icnwi.de .
ae, therefore, recommend Ihat :the city ic::nediately carry out the previously
made recoacrendation of DT to hiro a transportation nrosr"Tan, to study and
mace recommendations for a model demand activated trans pc,•tati:on syst,;m for
the elderly and recoamrandstions for possible future expansion to accom—
oniate other citizens in .real need of public transportation and to aid in
preventing pollution problems.
Councilman Bowling made a motion, seconded by CsV=ihnan Lopez, to approve the,
recommendation. Yeas: Councilmen Bowling, Fead, Gray, Lopez, Preble, Reeve_:
and Russell. Nays: None.
Bid awarded on 300 Insulating Receptacles for Electric
Utiliti.s Department
City Manager Brunton stated le'.r bid was recommended.
Four bids were received; low bid was submitted by Lewis Associates, Inc. and
is in.accordance with bid requiremc: 3 . it way recommended that the cor;ract
be awarded Lo Lewis Associates, inc. in the amount of $2,622.00. The
following,is a comparison of the bid amount with the requisition estimate:.
Estimate $2,350.00
Award as Recommended 2,622.00
Diffeirnce (Est. lii,;h '28.00
1
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Councilman Bowling made a. motion, seconded by Councilman Russell, to adcept the
low bid. Yeas: Councilmen Bonding, read, Gray, Lopez, Preble, Reeves and Russell.
' Nays: None.
Bid awarded fort Padmount Transformers of Various KVA
for PlectrY Utilities Department
There were three invitations to bid on these transformers and three firms
responded with bids. The low bidder for each of the three types (KVA) specified
was RTE corporation, o Lewis Associates, Denver, in the total asowrt of
O30,520.00. This firm met specifications for all transformers. It was
e_urmj,_,ided that PT17 Corporation, % Lewis Associates be arA ded the Ad n!
` the amount of $30,520.00.
M
:z7 Council!nan Russell made a motion, seconded by Councilman Reeves, that the
W recommendation be approved. Peas: Councilmen Bowling, Feud, Gray, Lopez,
Preble, Reeves and Russell. Nays: None.
Bid for :Street Improvement No. 68 Tabled
Director of Community Development, Roy A. Bingman, stated the memorandum (in
central files) pointed out what the bids came in at and what the estimate was,
and what the percentage is that: the City can, exceed it by, and reviewed the
problems on the bid. Mr. Binbmman stated the Administration would look uito
the possibilities and report back.
Councilman Fead made a motion, seconded by Councilman Lopez, to table the bid.
Yaws: aocilmen Bowling, Dead, Gray, Lopez, Preble, Reeves and Russell. Nays:
Nine.
Resolution authorized appointing a member to the
Senior Citizens Commission
Mayor Prcble stated there had been a resignation on the Senior Citizens Commission.
Mr. P. N, Jordan had resigned and requested a letter of appreciation be sent 'min...
The recommended replacement had been Frances Bigelow.
Council, -.'!a Lopez made a motion, seconded by Councilman Fead, to instinct the
City Attorney to prepare a resolution appointing Mi_ssl3igelow to the Senior Citize^s
Commission. Yeas: Councilmen Bowling, Fead, Gray, Lope%, Preble, Peeves and
Russell, Nays: None.
Ltinen Auction Bid authorized in taking Bids for Fire
Station No. I
City Manager Brunton stated he had reviewed with the City Attainvy and Assistant
City Manager the taking of scaled bids or auction bids.
Mayor Preble. stated there had been a request for auction bidding and Councilman
Bowling spoke to the reconnnendation.
27
$ �,4`
Councilman Ler^z mad:, a motion, seconded by Councilman Bowling, that the bids be
open by auct on bids. Yeas: Councilmen Bowling, Fead., Gray, Lopez, Preble,
Reeves anti Puxsssll. Nays: None.
Adjournment
Councilman F ad m1r?; a .i:: tion, seconded by Councilman Lopez, t xaL t`xc
adjourn. Yeas: Councilmen Bowling, Fcad,Gray, Lopez, Preble, Reeves and
Russell. Nays: None.
C-
7.
7
may"'.
ATTEST
C y e
1
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a