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Home My WebLink AboutMINUTES-10/26/1972-Regular2�g MINUTES OF MEETING October 26, 1972 The City Council of the City of Fort Collins met in regular session at 1:30 P.M. in the Council Chambers at the Municipal Building on Thursday, October 26, 1972. Present: Councilmen Carson, Lopez, Preble, Peterson and Fead. Also present: Robert Brunton, City Manager Arthur March, Jr., City Attorney Charles Liquin, Director of Public Works Glenn Smith, Accounting Superviser Verna Lewis, City Clerk Mayor Carson presided. DISPENSING OF MINUTES Motion was made by Councilman Lopez, seconded by Councilman Preble, that the reading of the minutes of the last regular meeting held October 19, 1972, be dispensed with. Ayes: Councilmen Carson, Lopez, Preble, Peterson and Fead. Nayes: None. AGENDA ITEM 2 PROCLAMATION UNICEF DAY OCTOBER 29, 1972 WHEREAS, October 31st, Halloween is a holiday especially for children; and WHEREAS, millions of American youngsters share the holiday each year by Trick or Treating for UNICEF and the world's needy children; and WHEREAS, Trick or Treat for UNICEF is a constructive expression of American children's concern and friendship for the less fortunate children of the world; and WHEREAS, UNICEF, the United Nations Children's Fund is helpingmillions of children ar.d mothers to better health in more than 100 countries and terri- tories by assisting governments in programs of disease control, nutrition, maternal and child welfare, education and vocational training; and WHEREAS, each coin collected by Trick or Treaters will mean food or medicine for the sick and hungry children of the world; and WHEREAS, in reaffirmation of the Proclamation signed by the President of the United Sts.tes of October 29th as National UNICEF Day, NOW, THEREFORE, I, Karl E. Carson, Mayor of the City of Fort Collins, State of Colorado do hereby proclaim Sunday, October 29, 1972 as UNICEF DAY in Fort Collins, Colorado and urge every citizen, old and young alike to parti- cipate in Trick or Treat for UNICEF and to welcome properly identified Trick or Treaters at the door --.those whose orange and black containers carry the official printed.UNICEF message with the UNICEF symbol of a mother and child and who are accompanied by a responsible adult or teenager. In witness whereof I have hereunto set my hand and caused the Executive Seal of the City of Fort Collins, State of Colorado to be affixed this 26th day of October, A.D., 1972. Mayor of Fort Collins :2®,a. AGENDA ITEM 3A TRANSFER OF OWNERSHIP - SEVEN SEAS RESTAURANT Report: SUBJECT: Application for 3.2% Fermented Malt Beverage License - David H. Massonpust and Thomas C. Carter, DBA, Seven -Seas, 181 North College Avenue, Fort Collins Dear Sir: On October 12, 1972, the above listed subjects submitted an application for a 3.2% Fermented Malt Beverage License. On October 16, 1972, this department initiated an investigation into the background of the applicants. The :Following is a resume' of the investigation: PERSONAL HISTORY: Both applicants reside at 1807 South College Avenue and are recent graduates of Colorado State University. Both applicants have been fingerprinted and photographed and their fingerprints have been sent to the Colorado Bureau of Investigation and the Federal Bureau of Investigation. Mr. Massonpust comes to Fort Collins from Minneapolis, Minnesota and Mr. Carter from Lakewood, Colorado. The records of Lakewood and Minneapolis have been check- ed by this officer, finding no record for either individual. The records of the Fort Collins Police Department have also been check- ed with negative results. RECOMMENDATION: This officer can discover no legal basis to recommend denial of a license, at this time, to the applicants. Respectfully submitted, Jerrold J. Haals, Detective Vice and Intelligence Bureau Ralph M. Smith Chief of Police Mr. David Massopust_and Thomas Carter, responded to questions from The Council regarding their qualifications to operate this establishment and their knowledge of City ordinances and State statutes as pertaining to the operation of a 3.2% Fermented Malt Beverage License. Motion was made by Councilman Lopez, seconded by Councilman Peterson to approve this transfer of ownership. Ayes: Councilmen Carson, Lopez, Preble, Peterson and Fead, Nayes: None. AGENDA ITEM 3B RENEWAL APPLICATION - TJ's Tavern Report: SUBJECT: Renewal Application for 3.2% Fermented Malt Beverage License - Terry L. Bock, DBA, TJ's Tavern, 142 Linden Street, Fort Collins Sir: On October 16, 1972, the above subject made application for renewal of his 3.2% Fermented Malt Beverage License. On October 17, 1972, this officer received the application for review. The records of the Fort Collins Police Department were checked, and this officer can find no reason to recommend denial at this time. r J 203, Respectfully submitted, /s/ Deryle G.O " Dell, Detective Vice and Intelligence Bureau Ralph M. Smith Chief of Police Motion was made by Councilman Preble, to approve the renewal of this application, seconded by Councilman Fead and adopted. Ayes: Councilmen Carson, Lopez, Preble, Peterson and Fead. Nayes: None. AGENDA ITEM 4A RENEWAL APPLICATION FOR CAMPUS WEST LIQUORS Report: SUBJECT: Renewal Application for Malt, Vinous, and Spirituous Liquor License - W. Ferrell, Jr. and Patricia Ferrell, DBA, Campus West.Liqu- ors, 1107 City Park Avenue, Fort Collins Sir: On October 19, 1972, the above subject made application for renewal of his Malt, Vinous, and Spirituous Liquor License. On October 20, 1972, this officer received the application for review. The records of the Fort Collins Police Department were checked, and this officer can find no reason to recommend denial at this time. Ralph M. Smith Chief of Police Respectfully submitted, n� Deryle. O'Dell, Detective Vice and Intelligence Bureau Peterson Motion was made by Councilman,/seconded by Councilman Fead, that the renewal of this appli- cation be approved. Ayes: Councilmen Carson, Lopez, Preble, Peterson and Fead. Nayes: None. AGENDA ITEM SA ORDINANCE NO. 64, 1972 BEING THE ANNUAL APPROPRIATION ORDINANCE RELATING TO THE ANNUAL APPROPRIATIONS FOR THE FISCAL YEAR BEGINNING JANUARY 1,1973, AND ENDING DECEMBER 31, 1973, AND FIXING THE MILL LEVY FOR SAID FISCAL YEAR City Manager Robert Brunton reviewed the first three items on his "Proposed Revenue Changes in 1973 Budget", however, since they had been presented out of sequence and voted on, motion was made by Councilman Preble to rescind the previous action and approve items (1) by changing the appropriation for Finance to $268,060, (2) by changing the appropriation for Planning and Zoning to $126,829, and (3) by changing the appropriation for Insurance and Retirement to $378,905, seconded by Councilman Preble and adopted. Ayes: Councilmen Carson, Lopez, Preble, Peterson and Fead. Nayes: None. City Manager Robert Brunton next reviewed the items under Contingencies as follows: Item 4. (a) Possible Safety Director $12,000 (b) Possible Part-time Federal Projects Coordinator 7,000 ?-o4 October 26, 1972 (c) Possible Increase in Computer Utilization $15,000 (d) Possible Purchase of Roselawn Cemetery 9,000 (e) Additional Training Programs 3,000 (f) Possible Budget Analyst 9,000 (g) Miscellaneous 5,000 Total $ 60,000 Motion was made by Councilman Lopez, to approve the items and amount of contingencies, seconded by Councilman Preble, adopted by motion. Ayes: Councilmen Carson, Lopez, Preble, Peterson and Fead. Nayes: None. The next item reviewed by City Manager Robert Brunton was the Capital Improvements as follows: Previous total $ 361,635 Additional Street Overlay $ 54,000 Paint outside youth club 1,200 Enclose porch at Recreation office 1,�00; Additional items Court - Beattie 8,000 Sprinkler and landscaper on South' Co'lege 1,500 S-.mming Pool 600,000 New Total $ 66S,900 $ 665,900 $1,027,535 Motion was made by Councilman Peterson to approve the Capital Improvements items, seconded by Councilman Fead. Ayes: Councilmen Carson, Lopez, Preble, Peterson and Fead. Naves: . RESOLUTION 72-106 -- Replaces #98 OF THE COUNCIL OF THE CITY OF FORT COLLINS ADOPTING A BUDGET OF THE ESTIMATED AMOUNTS REQUIRED TO PAY THE EXPENSES OF CONDUCTING THE BUSINESS OF THE CITY GOVERNMENT FOR THE FISCAL YEAR ENDING DECEMBER 31, 1973, AND FIXING THE MILL LEVY FOR SAID YEAR PURSUANT TO THE PROVISIONS OF ARTICLE V OF THE CITY CHARTER. WHEREAS, the City Manager has heretofore prior to the first Monday in October, 1972, submitted to the Council a proposed budget for the next: ensuing budget year with an explanatory message pursuant to the provisions of Section 2, Article V of the City Charter, and WHEREAS, the Council thereafter within 10 days after the filin.7 of said budget estimates sei, October 5, 1972, as the date for a public hearing tiiereon and caused notice of such public hearing to be given by publication pursuant to Seci:ion 3, Article V of the City Charter, and WHEREAS, a public hearing on the proposed budget was held on October 5, 1972, pursuant to said public notice, and WHERE;,S, Section 4, Article V of the City Charter provides that the Council shall adopt the budget for the ensuing fiscal year and shall fix the tax levy after said public hearing and before the last day of October of each year. THERL:ORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS$ that the following budges� prepared in detail by the said City Manager in compliance with the provisions of Section 2, Article V of the City Charter for the fiscal year ending D(--ember 31, 1973, be and the same is hereby adopted as a basis for the annual appropriations ordinance for the fiscal year ending December 31, 1973, as follows: 205 DISBURSEMENTS BY APPROPRIATIONS GENERAL FUND: CityCouncil ...................................................... $ 32,084.00 CityManager ...................................................... Personnel 53,325.00 ......................................................... Finance........................................................... 39,311.00 CityAttorney 188,060.00 ................................................. Planningand Zoning ............................................... 35;712.00 69, 829.00 MunicipalCourt ................................................... 36,251.00 Insurance and Retirement .......................................... 348,905.00 Information and Research .......................................... 34,546.00 General Services ......................................... 45,532.00 Police ............................................................ Fire.............................................................. 812,616.00 Health 575,602.00 ......................................................... Engineering 11,015.00 125,649.00 ....................................................... Building Inspection ............................................... 122,043.00 Streets and Alleys ....:.......................................... 224,763.00 Buildings and Grounds ........................................... 66, 504.00 Traffic and Street Lights ......................................... 176,297.00 Parks............................................................. ......... 142,618 00 Recreation ........................................................ 2 0 154 0 3 0 Museum ...... $ 5,676.00 Swimming Pool ..................................................... 31.,570.00 Recreation Center ................................................. 3;,665.00 Forestry .......................................................... 5,534.00 GrandviewCemetery ................................................ £),236.00 Roselawn Cemetery ................................................. 7,658.00 Library ........... ........... 1(4,983.00 Transfer to Special Assessments Fund 4,960.00 Transfer to Fort Collins -Loveland Airport 10,000.00 Transfer to Capital Improvement Revolving Fund .................... 351,635.CO Less Inter Fund Transfers .. ,6.00 ................ 361361,635 .00 Total General Fund Expense ........................................ $ 3,710,972.00 Capital Improvement Revolving Fund ................................ $ CapitalImprovement Fund .......................................... $ Special Assessments Fund .......................................... $ TrustFund .... ... .................................... $ LessInter Fund Transfers .........................6..... Total Trust Fund Expense .......................................... $ EquipmentFund .................................................... $ Golf.Course Fund .................................................. $ WarehouseFund ..................6................... $ Less Inter Fund Transfers .............................6, Total Warehouse Fund ............ ................................. $ Utility Billing ... .................................... $ Less Inter Fund Transfers ............................... Total Utility Billing ............................................. $ 361,635.00 205,500.00 64,350.00 223,139.00 45,500.00 177,639.00 401,653.00 140,118.00 91,801.00 91,801.00 233,772.00 233.772.00 In RATER FUND: Source of Supply .................................................. $ 94,000.00 Treatment...... .. ........................................... 144,703.00 Transmission and Distribution ...................................... 177,517.00 Administration and Billing ....................................... 155,652.00 Transfer to Restricted Funds ...................................... 255,132.00 Water Capital Improvement ......................................... 1,174,250.00 Water Bond Payment ................................................ 255,195.00 2,256,449.00 Less Inter Fund Transfers ............................... 255,132.00 Total Water Fund Expense .......................................... $ 2,001,317.00 SEWER, FUND: Collection........................................................ $ 131,175.00 Treatment ......................................................... 179,710.00 Administration and Billing ........................................ 74,637.00 f 206 October_26_, 1972 Transfers to Restricted Funds .............. ............ 172,865.00 Sewer Capital Improvement ......................................... 4,044,500.00 Sewer Bond Payment ................................................ 173,230.00 4,776,117.00 Less Inter Fund Transfers ............................... 172,865.00 Total Sewer Fund Expense .......................................... $ 4,603,252.00 LIGHT AND POWER FUND: Production ............................ ........................... $ 1,955,943.00 Transmission and Distribution ..................................... 339,183.00 Administration and Billing ........................................ 387,645.00 Transfers to Restricted Funds ..... .............................. 1,650,154.00 Light and Power Capital Improvement .............................. 1,801,218.00 6,174,i48 0u0 Less Inter Fund Transfers .............................. 1,690,159.00 Total Light and Power Fund ....................................... $ 4,483,989.00 Grand Total Expense .............................................. S17,043,325.00 BE IT FURTHER RESOLVED that the mill levy rate for taxetion upon all the taxable property within the corporate limits of the City of Fort Collins for the fiscal year ending December 31, 1973, shall be 10.00 Mills, which levy represents the amount of taxes for City purposes necessary to provide for payment during the ensuing budget year of all properly authorized demands against the City. Said Mill levy shall be distributed as follows: General Expense ........................................ 10.00 Mills being a total of 10.00 Mills, which levy as so distributed shall be certified to the County Assessor and the Board of County Commissioners of Larimer County, Colorado, by the Director of Finance as provided by law. Be it further resolved that this resolution rescinds and replaces the resolution adopting the budget of the City of Fort Collins for the fiscal year ending December 31, 1973, passed in October 5, 1972. Passed and adopted at a regular meeting of the Council of the City of Fort Collins held this 26th day of October, A. D. 1972. /s/ Karl E. Carson Mayor ATTEST: /s/ Verna Lewis City Clerk Motion was made by Councilman Fead, seconded by Councilman Lopez, that this resolution be adopted. Ayes: Councilmen Carson, Lopez, Preble, Peterson and Fead. Nayes: None. It. William Bartran, expressing the views of the Contractor's Association on the National Home Builders, petitioned the Council to "put money back" into the Building Inspection Budget. Discussion continued on the problems of plan checking, delays in issuing building permits, and fees for licensing. It was the consensus of opinion of the Council members that this was an administration problem that must be addressed shortly in a series of meetings with staff and contractors. Motion was made by Councilman Fead to amend Ordinance No. 64, 1972, as follows: 1, By changing the total appropriation from $16,150,42S.00 to $17,043,32S.00 2. By changing the appropriation for Finance to 268,060.00 3. By changing the aporopriation for Planning $ Zoning to 126,829.00 4. By changing the appropriation for insurance and retirement to 378,905.00 5. By adding an appropriation for contingencies of 60,000.00 6. By changing appropriation for transfer to Capital Improvement revolving fund to 1,027,535.00 0 9,0'7 October_26.,_ 1972____ 7. By changing the deduction for interfund transfers in the General Fund budget to $ 1,027,535.00 S. By changing the total General Fund expenses to 3,937,972.00 9. By changing the appropriation to the Capital Improvement revolving fund to 1,027,535.00 Seconded by Councilman Lopez and adopted. Ayes: Councilmen Carson, Lopez, Preble, Peterson and Fead. Nayes: None, Motion was made by Councilman Lopez to adopt Ordinance No. 64, as amended, seconded by Councilman Preble and adopted. Ayes: Councilmen Carson, Lopez, Preble, Peterson and Fead. Nayes: None. AGENDA ITEM 6A ORDINANCE NO. 71, 1972 BEING AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE CITY OF FORT COLLINS, COLORADO Motion was made by Councilman Preble, seconded by Councilman Lopez, that Ordinance No. 71, 1972, be adopted on first reading. Ayes: Councilmen Carson, Lopez, Preble, Peterson and Fead. Nayes: None. RESOLUTION 72-107 OF THE. COUNCIL OF THE CITY OF FORT COLLINS GIVING NOTICE CONCERNING A PROPOSED ORDINANCE AMENDING CHAPTER 19 OF THE CODE OF ORDINANCES OF THE CITY OF FORT COLLINS, COLORADO, 1958, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE, IN ORDER TO CLASSIFY FOt ZONING PURPOSES CERTAIN PROPERTY BEING ANNEXED TO THE CI',Y OF FORT COLLINS WHEREAS, heretofore the City Council of the City of Fort Collins initiated annexation procedures for certain property known as the Cunningham Corner Annexation to the City of Fort Collins more particularly described in the "Notice of Public Hearing" attached hereto, and WHEREAS, the owners of said property have petitioned that said property be included in the R-L-P, Low Density Planned Residential District. WHEREAS, the Planning and Zoning Board has made a study of said zoning request and has held a hearing and has made a report and recomr.,endation thereon, all in accordance with Section 19-46 of the Code of Ordinances of the City of Fort Collins, Colorado, 1958, as amended, and WHEREAS, the City Council desires tohold a hearing on said zoning request as required by said Section 19-46. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that November 16, 1972 1at 7:30 P.M., or as soon thereafter as the matter may come on for hearing, in the Council Chambers in the City Hall of the City of Fort Collins, is hereby set as the time and placefor a public hearing on said zoning request; and BE IT FURTHER RESOLVED that the City Clerk is hereby instructed to publish a notice of said hearing as provided in Secti.ou 19-46 of the Code of Ordinances c_ the City of. Fort Collins, Colorado, 1958, as amended, in the form attached herctc. October 26, 1972 Passed and adopted at a regular meeting of the City Council held this 26th day of October, A. D. 1972. /s/ Karl E. Carson Mayor ATTEST: /s/ Verna Lewis City Clerk Motion was made by Councilman Preble, seconded by Councilman Lopez, that this resolution be adopted. Ayes: Councilmen Carson, Lopez, Preble, Peterson and Fead. Nayes: None. AGENDA ITEM 7A CONSOLIDATED STREET IMPROVEMENT DISTRICT NO. 67 (Including Street Lighting) Report: The City Council has.previously referred the petitions received for the street improvement district to the Engineering Department for the preparation of the necessary surveys, plans, specifications and cost estimates. The property owners, representing 35.0 percent of the total frontage of all the streets in the proposed district, petitioned the City to install a 30 foot wide asphalt pavement with concrete curb, gutter, sidewalk and street lighting, with the provisions that no curb, gutter or sidewalk be installed on the west side of First Street, the north side of Linden Street or the east side of Third Street and that the maximum cost assessed against the property shall not exceed $8.57 per frost foot. The streets included in the petitions are as follows: 1. First Street between Lincoln and Linden Street (omit curb, gutter and sidewalk on west si(:.) 16 2. Second Street between Lincoln Street and Linden Street. 3. Third Street between Lincoln Street and Linden Street (omit curb, gutter and sidewalk on east side.) 4. East Linden Street between First Street and Third Street (omit curb, gutter and sidewalk on north side.) 5. East Logan Street between First Street and Third Street. if the Council approves the district, it is recommended that the above streets be paved with a 30 foot wide asphalt pavement, a combination curb and gutter and sidewalk ("Hollywood") be installed and street lighting be installed. Tile normal residential paving width is 40 feet. We are recom- mending a reduced width for this district because of the cost consideration and physical problems in building a full 40 foot paving. The paving cost estimate, including the cost of street lighting, for all of the streets in the proposed district is as follows: 9,398.40 feet Assessable frontage Total estimated construction cost: $68,530.00 209 Estimated construction cost per front foot Estimated cost per front foot (including 5%) Estimated City expenses: City cost for 22 properties with low assessed valuations: City cost for street intersections: Property located outside City: Storm sewer cost: Total estimated City cost: October 26, 1972 $8.16 per foot $8.57 per foot $7,934.00 $1,264.00 $3,160.00 $6,000.00 $38,558.00 Ordinance No. 49, 1970, limits the amount of the assessment to one-half of the property's actual value basea upon the County property valuation. The cost in excess of the maximum allowable assessment for the 22 parcels of land is $7,?34.00, as listed above. Ordinance No. 1S provides that the City at large may pay for this excess cost. The property on the north side of Linden Street between First Street and Third Street is located outside of the City. Tile cost of paving the north half of Linden Street, without curb, gutter and walk, is $3,160.00 as listed above which cannot be assessed against the property owner. It may be possible for the City to get, from the owner, a voluntary commitment to pay the cost of the paving. If the City could not obtain a voluntary commitment, it may be possible to recover the paving costs at the time of development. This should be determined by the City Attorney. The construction of storm sewers, having an estimated cost of $6,000.00 is required in order to adequately drain the new pavement in Buckingham. This City cost is in addition to the City costs listed above. The City Street Department will do this work in order to minimize expenses. It should lie noted that one of the three preliminary bypass routes on s the northeast side of the City being studied by the State of Colorado Depart- ment of Highways may cross the southwest corner of the Buckingham area at the intersection of First Street and Lincoln Avenue. The State of Colorado has no final plan at this time, and we do not anticipate that this would affect more than a very small portion of the Buckingham area. If the Council wi.snes to proceed with the district, it is necessary for the Council to approve the plans and specJfications and estimate for the district and set a hearing date and notify owners of the proposed district. It is also necessary to provide for the administrative expenses of processing the district. In formulating the estimate for the district, we have used the minimum administrative expense of 5 percent, which is for collection and certification to the County. The administrative charge normally made againstan improvement district is 17 percent, including the 5 percent for collection indicated above. Because of the nature of this district, in B which the City at large must assume a considerable portion of the expense ?j Q s October 26, 1972 of the district due to low property valuation and -limited ability to pay for this type of improvement, it is recommended that the normal administrative expense be reduced from 17 percent to S percent. 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. For all of the previous improvement districts, the installments have been spread over ten years with an interest charge of 6 percent per annum. If the Council desires either to spread the assessment over a longer period of time or to reduce the rate of interest, Section 15-74 of the Code of Ordinances permits installments to be payable in not more than twenty years with interest not exceeding 6 percent per annum. RESOLUTION 72-108 Respectfully submitted, /s/ Roy A. Bingman City Engineer OF THE COUNC I OF 1 ` CITY' OF FORT COLLINS REG^ .DING T11E PO" e4TI0i' OF A P) 020SED GPLCI IL Ii:: ?OV 1EP A DIS- TRICT FOR T1F-. PURPOSi: OF IP-LPROVIP.G CE!'.'"!- '1 STiSiETS IN THE CITY OF FORT COLLINS$ STATING THE NEE'0 FOR, TIDE i!^, -dRE AND LOCATION OF IM1 179ROVE,.-RUTrS TO BE EWE, DESCRIBING 111% AREA TO BE ASSESSED FOR T]HE S/VT APL) DIRECTING ULr CITY Ei'IGIMEE1Z TO PREPARL' f,IM P1)17 \'T TO 'n-1E COUNCIL PRELIPitAR1' PLANS M0 SPECIFIC,'1TIONS OP TIIE IPuROtPNrS 'lt) BE MADE PMFSTI ATT OF Tim p]<OHADLE. TOTM., COST OF SUCH I U'ROti „tiPl"iS, AND A PrAP OF THE DISTRICT TO BE ASSESSED FOR TI;M COST OF SUCIi IMPROVEIAINTS _ 11,11'.EAS, the o::ners of M76 timan one -I. -bird (1/3) of the property to be assessed for tEie proposed improvements have petitioned the City Council ender the p h rovisions of apter`15 of thy; Code of Ordinances of the Cis:Collins, y of Fore Colorado, 19J&, aS 3me=2deci, for tE:t Orga7liZation of a parmanont amprovcm' nt district for the purpose of improvin;; certain streets in the City, and RhIERTJIS, said rotitions have been received by the City Council and referred to the City Engirear for the purport of eEiecl: .g the same H2th respect to eompli�race with the requirements of law, and the City Engineer has reported to the City Council that said petitions comply with all requirements and provisions of the ordinanccs of the City, and that the o:�ners of the required property to be assessed have properly and legally signed such petitions. N59, TrT. EFOPd'.•, BE IT RESOLVED BY 711E COUNCIL OF TIM CITY OF FORT COUIJNS, That the City +.buacil hereby finds and determines as follows: 1. That said petitions are in proper form and were sigicd by the owners of at least one-third (1/3) of the frontage to be assessed for the proposed improvements. ?11 — — --October 2 2: Tlic natur:s of tllc :.:,;,,reve,aents to be co7lstructcd arc the £olio:ring: the in7provM10-11t of t_iie streets herein mentioned with asphalt paving a -ad concrete cur.,, gutter and side,,ralk, and such improvements are needed in ordor to facilitate the use of said streets, to increase the safety for persons using said streets a:,d to decrease the required main- ten�nce on said streets. 3. The location of the '„ lrotr n^ats to be made is as follo:cs: a. First Street between iincoln Street and Linden Street (no curb, gutter or sidewalk to be installe: on west side). b. Second Street between Lincoln Street and Linden Street. C. Third Street between lincoln Street and Linden Street (no cur', gutter or sidewalk to be installer' on east side). d. East Linden Street bei•icen First Street and Third Street (nc curb, gutter or sid(sralk to be instr: i led oil north side) . e. East Kogan Street bets, ;cn First S1:TDet and Third Street. All of said streets boi;.g in Buckingham Place Addition in the City of Fort Col.'.ins. 4. Tl1e City Falgineer is hereby directed to prepare and present to the Council the following: proposed. a. preliminary p-,u s and specifications of the improvements b. An est.ir.>atc of the total cost of sv:h improvements, iil''iUdi71^ t110 CGSt of CC".: ' rUCtiR, t.ti;; L--1CC":';ino nT. �, legal and advertising Co -S, Interest`, durSllo c5lstnlcti071 a71d until assess; ::rits are made by or< 'lance agains-c the g702;-orties bencEitcd, and other. incidental costs. c. A nup of the district to be assess:_:I for the cost of the improvements. S. Said improv:,mont district shall be lmoi;.l as Street Improve- ment_ District Nunber 67. Passed and adopted at a regular meeting of the City Council held thi; 26th day of October, 1972. ........ ............. _/sl Karl E. Carson ATTEST: Mayor /s/ Verna Lewis: City Clerk nv Motion was made,r'r;ouncilman Lopez, to set the administrative expense at 5 percent and to set 6 percent per annum on installments in the district, seconded by Councilman Preble. and adopted. Ayes: Councilmen Carson, Lopez, Preble, Peterson and Fead. Nayes: None. .?1 2 Mr. Don Pavel requested information on proposed street width for this improvement district and was advised by the City Engineer that any additional right of way would be on the east side of the street, since it was excluded from Improvement. Other discussion touched on a proposed 80 feet collector street in the area and time table for the district. City Engineer Roy Bingman felt the district would go in in January. City Manager Robert Brunton suggested the resolution accepting the Engineer's report be tabled for one week to allow time tocheck into any Iroblems which might occur due to the 80 foot street and the voluntary committment to pay for paving from property owners located outside city limits. AGENDA ITEM 8A LINDEN STREET TECH CENTER SUBDIVISION Mr. Don Vavel and a representative of M 4 I, requested time to express concern on a variance concerning a curb style on this subdivision and were advised by the City Attorney that Council could not grant a variance at this time. Mr. March also stated as presented and if approved, the developer would be bound by the Plat and utility agreements. It was stated, a corner of this subdivision was in the flood plain and the developer has agreed to build from City standards but was concerned with costs on the required curb style. Mr. Pavel responded "No" to a question put by Councilman Fead that if a future variance was not granted, he would not build. Motion was made by Councilman Fead to a -)prove the plat of Linden Street Tech Center Sub- division, seconded by Councilman Lopez ind adopted. Ayes: Councilmen Carson, Lop:z, Preble, Peterson and Fead. Nayes: None. AGENDA ITEM 8B OPEN SPACE FEDERAL GRANT APPLICATION RESOLUTION 72-109 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING THE SUBMISSION OF AN APPLICATION TO THE FEDERAL GOVERNMENT FOR AN OPEN SPACE LAND PROGRAM GRANT UNDER TITLE VII OF THE HOUSING ACT OF 1961, AS AMENDED. WHEREAS Title VII of the Housing Act of 1961, as amended, provides for the making of grants by the Secretary of Housing and Urban Development to States and local public bodies to assist them in the acquisition and development of permanent interests in land for open -space uses where such assistance is needed for carrying out a unit-ied or officially coordinated program for the provision and development of oven -space land as part of the comprehensively planned development of the urban area; and WHEREAS the City of Fort Collins, Colorado, (herein sometimes referred to as "Applicant") desires to acquire and develop ownership and use to certain land known as The Lincoln Junior High School site, which land is to be held and used for permanent open -space land for a public indoor swim- ming pool; and WHEREAS Title VI of the Civil Rights Act of 1964, and the regula- tions of the Department of Housing and Urban Development effectuating that Title, provide that no person shall be discriminated against because of race, color, or national origin in the use of the land acquired and/or developed; and WHEREAS it is recognized that the contract for Federal grant will impose certain obligations and responsibilities upon the Applicant and will 91 ,3 October 26, 1972 require among other things (1) assurances that families and individuals dfs- 1 placed as a result of the open -space land project are offered decent, safe and sanitary housing, (2) compliance with Federal labor standards, and (3) compliance with Federal requirements relating to equal employment opportunity; and WHEREAS it is estimated that there will be no cost in acquiring said interest: and WHEREAS it is estimated that the cost of development of said land will be $627,000; and WHEREAS there will be no cost in necessary demoliti)n and removal of improvements on said land; and WHEREAS there will be no relocation payments to be made to eligible site occupants displaced from property to be acquired: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT COLLINS: 1. That an application be made to the Department of Housing and Urban Development for a grant in an amount authorized by Title VII of the Housing Act of 1961, as amended, which amount is presently estimates to be $302,000, and that the applicant will pay the balance of the cost f;om other funds available to it. 2. That adequate open -space land for the locality cannot :ffec- tively be provided through the use of -existing undeveloped or predc.ninantly 9 undeveloped land, 3. That the Mayor is hereby authorized and directed to execute and to file such application with the Department of Housing and Urban Development, to provide additional information and to furnish such documents as may be required by said Department, to execute such contracts as are required by said Department, and to act as the authorized correspondent of the Applicant. 4. That the proposed acquisition and development is in accordance with plans for the allocation of land for open -space uses, and that, should said grant be made, the Applicant will acquire, develop, andretain said land for the use designated in said application and approved by the Depart- ment of Housing and Urban Development. 5. That the United States of America and the Secretary of Housing and Urban Development be, and they hereby are, assured of full compliance by the Applicant with regulations of the Department of Housing and Urban Development effectuating Title VI of the Civil Rights Act of 1964. 6. That the United States of America and the Secretary of Housing and Urban Development be, and they hereby are, assured of full compliance by the Applicant with the Federal labor standards imposed under Title VII of the Housing Act of 1961, as amended. �> 214 October 26, 1972 Passed and adopted at a regular meeting of the City ouncil lheld this 26th day of October, A. D. 1972. Mayor ATTEST: /s/ Verna Lewis City Clerk Karl E. Carson Motion was made by Councilman Preble, seconded by Councilman Lopez, that tld-s resolution be adopted. Ayes: Councilmen Carson, Lopez, Preble, Peterson and Fead. Nayes: None. AGENDA ITEM 8C SPECIAL APPROPRIATION FOR WATER MAIN PARTICIPATION REPORT: RE: Emergency Appropriations - Water Funds In preparing the 1972 Budget it was not anticipated to spend any monies in Account 111-;;41 for Structures and Improvements. During the year we found it necessary to remove the standpipe in Dean Acres and to replace it with a pressure regulating valve. This total contract was in the amount of $5,629.78 and Account 111-341 is overdrawn by that amount. We request thatlan emergency appropriation be made to that Account in the amount of $5,629.78.. The Ordinances of the City state that the City will participate in the cost of oversize mains. It is difficult during July of one year to anticipate developments for the full following calendar year. The 1971 Budget reflects.$185,000.00 in Account 111-343. To date $265,954.00 has been spent by the City for oversize participation. A list of the paid participations i:; enclosed. It is anticipated that additional lines, as shown on the b,ttom of the attached list, will be completed in 1972 at a total cost of $114,000.00. This combined with the $266,000.00 previously spent would give a City participation for 1972 of $380,000.00, compared to the $185,000.00 budgeted. I am hereby requesting an emergency appropriation in Account 111-343 of $200,000.00. Respectfully submitted, Charles L qui.fi Director of Public Works Motion was made by Councilman Lopez,, seconded by Councilman Preble, to refer to the City Attorney to draft an ordinance. Ayes: Councilmen Carson, Lopez, Preble, Peterson and Fead. Nayes: None. AGENDA ITEM 8D. BIDS FOR GRADER FOR STREET DEPARTMENT Tabled from October 19, 1972. Motion was made by Councilman Lopez, that this be removed from the table, seconded by Councilman Preble. Ayes: Councilmen Carson, Lopez, Preble, Peterson and Fead. Nayes: None. The motion carried. City Manager Robert Brunton stated he had met with both grader operators and expressed he would like to get the top priced grader as no doubt iissthe better one but in all fairness, recommended the low bidder. Motion was�made by Councilman Fead, seconded by Councilman Peterson, that the recommendation of the City Manager be accepted. Ayes: Councilmen Carson, Lopez, Preble, Peterson and Fead. Nayes: None. ql 5 October_26.,_1972 AGENDA ITEM 8E BIDS ON JANITORIAL SERVICE CONTRACT FOR GENERAL SERVICES DEPARTMENT Specifications for Janitorial Service Contract was presented. iteport : SUBJECT: Janitorial Services Bids have been received and evaluated covering consideration of a. contract for Janitorial Services. Six invitations to bid were ex- tended, only two bidders responded. A complete tally of all bids received is as follows: Janitorial Contract Emergency Service Poudre Valley Janitorial $1590.00 (Per Mo.) $4.00 (Per Hour) G $ H Cleaning Contractors 3603.00 (Per Mo.) 6.00 (Per Hour) Mr. Harvey Bloom, Director of General Services and Ed Kuppinger, Purchasing Agent, have evaluated the bids, and it is recommended that Poudre Valley Janitorial be awarded the contract in the amount of $1,590.00 per month, with an emergency fee service of $4.00 an hour. Respectfully submitted, E. K. Kuppinger Purchasing Agent City Manager Robert Brunton Mated he felt that the last janitorial service was not adequate .and recommended the low bid. Motion was made by Councilman Peterson, seconded by Councilman Preble, that this recommendation be approved. . Ayes: Councilmen Carson, Lopez, Preble, Peterson and Fead. Nayes: None. AGENDA ITEM 8 F BIDS - 65-35 FOOT STREET LIGHT POLE. FOR LIGHT $ POWER DEPARTMENT SUMb1ARY : Balmont Industries $ MSI Industries Union Union Metal Prndncts Each Extension $100.00 6,500.00 Mr. John St. John, Electrical Engineer, has evaluated the bids. Based upon Mr. St. John's letter, the recommendation is that Valmont Industries & MSI Industries be awarded the bid in an amount of $6,500.00. Respectfully submitted, /s/ E. A'. Kuppinger Purchasing Agent Pi.6 October 26, 1972 Motion was made by Councilman Preble, seconded by Councilman Lopez, that the bid be approved. as recommended. Ayes: Councilmen Carson, Lopez, Preble, Peterson and Fead. Nayes: None. AGENDA ITEM 8G SIDEWALK IMPROVEMENT DISTRICT NO. 3 REPORT: The construction of sidewalk, curb and gutter for Sidewalk.Improvement District No. 3 has been completed. The following is the breakdown of the costs for the District: Total construction.cost: $10,853.32,. City expense for park property, intersections: 2,483.13 Amount assessable to property owners: 8,370.19 17% for engineering, legal, publication: 1,422.93 Total amount assessable to property owners: $ 9,793.12 The estimated and actual assessment rates are as follows (including 17%): Sidewalk Curb,gutter S sidewalk Estimated $4.39/foot $7.90/foot The assessment roll is enclosed with this report. Actual $4.31/foat $8.11/foot It is necessary for the City Council to accept the sidewalk, curb and gutter installed under the District and order the notification of property owners of the proposed assessment and 'nearing date. Res ppectfully submitted, r� i Roy A�BBiingvvman City Engineer RESOLUTION 72-110 OF THE COUNCIL OF THE CITY OF FORT COLLINS ALCEPTING THE IMPROVEMENTS IN CONSOLIDATED SIDEWALK IMPROVEMENT DISTRICT NO. 3 ADOPTING T}IE REPORT OF THE CITY ENGINEER RESPECTING THE COST OF THE IMPROVEMENTS IN SAID DISTRICT AND THE SCHEDULE OF ASSESSMENTS AND ORDERING NOTICE TO BE PUBLISHED BY THE CITY CLERK OF THE ASSESSMENTS TO BE MADE IN SAID DISTRICT, ALL IN ACCORDANCE WITH CtLVTER 15 OF THE CODE OF ORDINANCES OF THE CITY OF FORT COLLINS, COLORADO, 1958, AS AMENDED WHEREAS, the City Engineer has reported to the City Council that the improvements in Consolidated Sidewalk Improvement District No. 3 have been completed and has recommended that said improvements be accepted; and WHEREAS, the City Engineer has prepared a statement in accord - ante with the provisions of Section 1S-67 of the Code of Ordinances of I.- October 26, 1972 the City of Fort Collins, Colorado, 1958, as amended, showing the whole cost of the improvements in said District; and WHEREAS, the City Engineer has further, in accordance with said Section, prepared an assessment roll; and WHEREAS, the City Council has reviewed the reports of the City Engineer and desires to accept the same and advertise and give notice of proposed assessments in accordance with the provisions of Section 15-68 of the Code of Ordinances of the City of Fort Collins, Colorado, 1958, as amended. NOW, THEREFORE, BE IT.RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the report of the City Engineer regarding the completion of the improvements in Consolidated Sidewalk Improvement District No. 3 be and the same hereby is accepted and the improvements in said District.are hereby accepted by the City Council; and BE IT FURTHER RESOLVED that the report of the City Engineer regarding the whole cost of the improvements and the assessment roll prepared by the City Engineer be and the same hereby are accepted, and the City Clerk is hereby directed to notify the owners of property to be assessed and all persons interested generally that such improvements have been completed and accepted. Such notice shall be made by publica- tion once each week for two successive weeks in an official newspaper published in the City of Fort Collins and by mailing notice, postage prepaid, as first class mail, to the last known address of each last known owner of property to be assessed, such addresses and owners being those appearing in the real property assessment rolls for general taxes in Larimer County, and such notice to be in accordance with the provisions of Section 15-68 of the Code of Ordinances of the City of Fort Collins, Colorado, 1958, as amended. Passed and adopted at a regular meeting of the City Council held this 26th day of October, A.D. 1972. NOTICE TO THE PROPERTY OWNERS IN CONSOLIDA'rED SIDEWALK IMPROVEMENT DISTRICT NO. 3 AND TO ALL PERSONS INTLIZESTED GENERALLY 01; '1'11h COMPLETION AND ACCEPTANCE OF THE IAIPROVE>1EN"r5 IN SAID DISTRICT, THE TOTAL COST THEREOF, THE ASSESSMENTS TO BE MDE ON PROPERTY WITHIN SAID DISTRICT TO PAY THE COST OF SAID IQROVEMENTS, AND THE DATE OF HEARING OF ANY OBJE•C'iIONS THAT DLaY BE MADE IN WRITING BY THE O';NERS OF SUCH PROPERTY, ALL IN ACCORD- ANCE WITH THE PROVISIONS OF CHAPTER l5 OF THE CODE OF ORDINANCES OF THE CITY OF FORT COLLINS, COLORADO, 1955 AS AMENDED Notice is hereby given to the owners of property to be assessed within the limits of Consolidated Sidewalk Improvement District No. 3 and to all persons interested generally that the improvements in said District have been com- pleted and accepted. Notice is further given that the whole cost of said improvements, including the cost of collection, legal, advertising, engineering, financing and other incidentals is $ 12,276.25 ; that the portion of said cost to be paid by the City of Fort Collins is $2,483.13 ; that the assessment roll showing the share apportioned to each lot or tract of land in the District is on file in the City CJr.rkls o M ce and can he seen and examined at any time during normal business 218 hours; and that any complaints or objections which may be made in writing by the owner or owners of property in the District to the Council and filed in the office of the City Clerk within thirty (30) days from the publication of this notice will be heard and determined by the Council before the passage on any ordinance assess- ing the cost of such improvements; and that on Thursday, December 7, 1972 , at the hour of 1:30 o'clock P.M., or as soon thereafter as the matter may come on for hearing, in the Council Chambers of the City Hall, City of Fort Collins, Colo- rado, the City Council will hear such complaints and objections and determine the same and act upon the ordinance assessing the cost of such improvements. Dated at Fort Collins, Colorado, this 26th day of October, A.D. 1972. City Clerk Motion was made by Councilman Preble, seconded by Councilman Fead, that this resolution be adopted. Ayes: Councilmen Carson, Lopez, Preble, Peterson and Fead. Nayes: None. AGENDA ITEM 811 EASEMENTS FOR SANITARY SEWER TO SERVE SCAVO SUBDIVISION Motion was made by Councilman Peterson, seconded by Councilman Fead, to approve the easements. Ayes: Councilmen Carson, Lopez, Preble, Peterson and Fead. Nayes: None. AGENDA ITEM 8I REQUEST BY II&M LIQUORS - Section No. 50-13A6 SERVICE STATION Tom Metcalf, from Wm. Allen's office who is representing Mr. Chavez, presented a petition for waiver of building code requirements as follows: Harold Chavez, by his Attorney, William H. Allen, states to the Council that he is the con- tract purchaser of the property at 315 Riverside Drive, Fort Collins, Colorado; That said property has been used as a gasoline dispensing station and a grocery store; that the gasoline pumps on said property are closer than fifty (50) feet to the building; That a package liquor store permit was issued for the premises to Harold Chavez by the Council; That in connection with said permit it is necessary to obtain a building permit to remodel the building in accordance with the plans and specifications furnished at the time of the application for the package liquor store license; That Section No. 50-13A6 of the Fort Collins Code requires that when the building in connection with the service station is used by the public, the minimum distance the pumps must be from the building is 50 feet; The Council is respectfully requested to waive said requirement, as the property has heretofore been used for a similar uses are being conducted in the City of Fort Collins, notwithstandiMg the above requirement. Respectfully submitted, Harold Chavez /s/ By William H. Allen u4.s Attorney The City Attorney stated that according to the rules now, that the gasoline;pumps are legal as they were previously used. Mr. Metcalf stated that this business has been carried on and the hazards will not be any greater now. Gordon Clyde, Building Inspector, stated that there was no objection to the existing building but did not apply to new ones. Motion was made by Councilman Lopez, seconded by Councilman Fead, to allow the continuance of this variance. Ayes: Councilmen Carson, Lopez, Preble, Peterson and Fead. Nayes: None., 219 Councilman Preble suggested that the ordinance be changed concerning the distance of gasoline pumps from a building. City Attorney March advised the Council that he was in the process of initiating a new fire code. Counsilman Lopez asked that the necessary changes be made and present them for approval by the Council. City Manager Robert Brunton reported on the following: 1.. Avery Park. Drainage problem; storm sewer planned for 1973. 2. Ditch in the Moore School area. Out of the City's territory, but on private property. 3. Spraying program. No spraying program, suggested a solution put in traps where mosquitoes breed. 4. Expressway. Should be an environmental impact study made of this. 5. Blevins area. Bicycle lanes later. 6. Stover Street paving. A County -City endeavor, the City will pay one-half of the cost. 7. The DMA Plaza having ground breaking ceremonies for the hi -rise building for the elderly at Remington, October 30, 1972. 8. Grand opening of the new Post Office to be held Monday, October 30, 1972, 9:15 A.M. 9. Municipal League meeting to be held on Thursday, at 6:30 November 2, 1972 at Greeley. 10. Improvements at the Museum. 11. .Members of the Council invited to a dance of Senior Citizens Monday, October 30th. Councilman Lopez reported on the Wednesary night talk session, stating that he had met with three people and they were concerned about the bypass, Le,3 Martinez park and dog leash law in the north end of town and questions asked regarding the budget for the recreation depart= . ment and the proposed swimming pool. City Manager Robert Brunton stated the City Attorney's are working out the details of having the title of the Junior High School transferred to the City, stating the Council should address themselves to the architect for the construction of the swimming pool. Councilman Fead asked that the architect that is awarded the contract, be given the engineering reports so he can have some data on this matter. ADJOURNMENT Motion was made by Councilmen Lopez, seconded by Councilman Fead, that the Council adjourn. Ayes: Councilmen Carson, Lopez, Preble, Peterson ind Fead. Nayes: None. it ATTEST: 1,2 City Clerk