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HomeMy WebLinkAboutMINUTES-12/09/1975-AdjournedDecember 9, 1975 COUNCIL OF CITY OF FORT COLLINS, COLORADO Council - Manager Form of Government Adjourned Meeting - 5:30 P.M. An adjourned meeting of the Council of the City of Fort Collins was held on Tuesday, December 9, 1975, at 5:30 P.M. in the Council Chambers in the City of Fort Collins City Hall. Mayor Russell called the meeting to order noting the following Councilmembers present: Bloom, Bowling, Reeves, Russell and Wilkinson. Absent: Councilmembers Gray and Suinn. Staff members present: Brunton, Bingman, DiTullio., Holmes, Deibel, Cain and Lewis. Also: City Attorney Arthur E. March, Jr. Minutes of the Regular Meeting of November 18, 1975 ' and the Special Meeting of November 25, 1975 Approved Councilman Bowling made a motion, seconded by Councilman Wilkinson to approve the minutes of the Regular Meeting of November 18, 1975 and the Special Meeting of November 25, 1975 as published. Yeas: Councilmembers Bloom, Bowling, Reeves, Russell and Wilkinson. Nays: None. Ordinance Adopted on Second Reading Vacating a Portion of Alpine Street CouncilmanBowling made a motion, seconded by Councilman Bloom to adopt Ordinance No. 80, 1975 on second reading. Yeas: Councilmembers Bloom, Bowling, Reeves, Russell and Wilkinson. Nays: None. ORDINANCE NO. 80, 1975, BEING AN ORDINANCE VACATING A PORTION OF . ALPINE STREET IN THE CITY OF FORT.COLLINS i WHEREAS, the owners of property adjoining the same have petitioned the City Council to vacate a portion of Alpine Street adjoining Lot 15, Block 1, of the Riverside Subdivision and a strip of land 50 feet in width between said Lot 15 and the right of way of North.College Avenue; and 390 391 WHEREAS, the portion of said street for which the vacation request has been made is not now open to the public and because of previous vacations of other streets in the subdivision, this portion of said street is not needed nor will the same be needed as a public street;,and WHEREAS, this portion of the street is not needed for municipal purposes nor will the same be needed for municipal purposes in the future and the rights of the citizens of the City of Fort Collins will in no way be prejudiced by the vacation of the same. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the following described portion of Alpine Street, to -wit: a. The South 22 feet of Alpine Street (formerly First Street), which adjoins Lot 15, Block 1, of the Riverside Subdivision and which also adjoins, a strip of land 50 feet in width between said Lot 15 and the right of way of North College Avenue, all in the Riverside Subdivision in the City of Fort Collins, Colorado; ' be, and the same hereby is, abolished, vacated and abated. r Introduced, considered favorably on first reading, and ordered published this 18th day of November, A.D. 1975, and to be presented for final passage on the 9th day of December, A.D. 1975. ATTEST: Vfiyor City Clerk Passed and adopted on final reading this '.9th day of December, 1975. ATTEST: Mayor F. ity C er c 391 ♦' First Reading: November 18, 1975 (Vote: Yeas: 7, Nays: 0) Second Reading: December 9, 1975 (Vote: Yeas: 5, Nays: 0) Dates Published: NOV 23, 1975 and December 14, 1975 At t • . /�/! City Clerk Ordinance Adopted on Second Reading Relating to Plant Investment Fee Payments in Installments Councilman Wilkinson made a motion, seconded by Councilwoman Reeves to adopt Ordinance No. 81, 1975 on second reading. Yeas: Bloom, Bowling, Reeves. Kussell and Wilkinson. Plays: None. — ORDINANCE NO. 81 1975 -- BEING AN ORDINANCE AMENDING CHAPTER 112 OF THE CODE OF THE CITY OF FORT COLLINS RELATING TO CITY UTILITIES I BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: ' Section 1. That Section 112-61 of the Code of the City of Fort Collins be, and the same hereby is, amended by deleting therefrom the following sentence: . "Such fee shall be paid in full prior to the time that water is taken and used for any purpose other than for construction purposes." and by substituting therefor the following: "Except when arrangements for time payment are made pursuant.to policy established by the City Council, such fee shall be paid in full prior to the time that water is taken and used for any purpose other than for construction purposes." Section 2. That Section 112-113 of the Code of the City of Fort Collins be, and the same hereby is, amended by deleting therefrom the following sentence: "Such fee shall be paid in full prior to the time that the connection permit is issued." 392 393 1 11. and by substituting therefor the following: "Except when arrangements are made for time payment under policy established by the City Council, such fee shall be paid in full prior to the time that the connection permit is issued." Introduced, considered favorably on first reading, and ordered published this /rU day ofl/i.i.A#A-AA.< , A.D. 1975, d to bepresentedfor anal passage on the��Mday of A.D. 1975. ATTEST: ty C er Passed and adopted on final reading this 9th day of December A.D: 1975. ATTEST: Mayor C yCerk First Reading: November 18, 1975 Second Reading: December 9, 1975 Dates Published: November 23, 1975 At �®t City Clerk (Vote: Yeas: 7, Nays: 0). (Vote: Yeas: 5, Nays: 0) and December 14, 1975 Ordinance Adopted on First Reading Vacating the Alley in Block 115 At its November 18, 1975, meeting, the City Council received a petition from. the First United Presbyterian Church and other property owners to vacate the T-shaped alley which runs from the middle of Block 115 north to Mulberry, south to Myrtle and east to Mason. This vacation is needed in connection with the construction of the new Presbyterian Church. At its October 6, 1975, meeting the Planning and Zoning Board recommended that the alley be vacated providing the necessary utility agreements were obtained. The 393 e 11 H vacation ordinance reserves the necessary easements to the extent they are within the boundary of the existing alley. The City Attorney has prepared the easement dedication for the easement in the new location, but this has not yet been executed. Prior to final passage, we will obtain the necessary signatures on this easement dedication. Councilman Bloom inquired if the easement dedication had been signed. City Attorney March stated it would be executed prior to second reading of the ordinance on January 6, 1976. Councilman Wilkinson made a motion, seconded by Councilman Bowling to adopt Ordinance No. 82, 1975 on first reading. Yeas: Councilmembers Bloom, Bowling, Reeves, Russell and Wilkinson. Nays: None. Ordinance Adopted on First Reading Relating to Zoning and the Zoning Board of Appeals A recommendation was made by the Zoning Board of Appeals that the operating procedures of the Board be changed to allow the affirmative action by a majority vote of the members. Under the applicable provisions of the state law, the action of the Board in granting a variance has required the affirmative vote of four of its five members. The City Attorney has expressed his opinion that this is a matter of local concern and that the City can vary this rule. As a practical matter this rule has created considerable hardship since it is difficult to obtain the presence of four members at a meeting of the.Board. Furthermore, this rule has in the past resulted in the denial of a variance even though the majority of the Board may have voted in favor of the variance. The attached ordinance would change this rule by allowing the Board to adopt bylaws under which they could specify a different majority for action of the Board. Such bylaws would have to be presented to the Council before becoming effective. Councilwoman Reeves expressed concern regarding the time in the decision reduced by the Board would take effect; what would happen in the case of a Councilmember wishing to have a decision reconsidered. City Attorney March stated this ordinance does not address that question. General interpretation had been that there is no appeal or decision by the Council unless an interested party petitions the Council to change the Board decision. Councilwoman Reeves stated she wished to address the question now and either say that the Board decision takes effect two weeks after the decision is made. Councilman Wilkinson stated that if this is the wish of the Council it should apply to all Boards. 394 1 00rj Councilman Wilkinson -made a motion, seconded by Councilman Bowling to adopt t Ordinance No, 83, 1975 on first reading. Yeas: Councilmembers Bloom, Bowling, Reeves, Russell and Wilkinson. Nays: None. Councilwoman Reeves made a motion, seconded by Councilman Bloom to instruct the City Attorney to prepare an ordinance providing for a holding period after a decision of the Zoning Board of Appeals and the right of the City Council to consider their decision during that holding period and change it if they see fit. And, to look into the other Boards and make a report. Yeas: Council - members Bloom, Bowling, Reeves, Russell and Wilkinson. Nays: None. Ordinance Adopted on Second Reading Concerning :^ Salaries for the City Attorney and the City Manager M L ^ Councilwoman Reeves made a motion, seconded by Councilman Bloom to adopt Ordinance No. 84, 1975 on second reading. Yeas: Councilmembers Bloom, Bowling, Reeves, Russell and Wilkinson. Nays: None. ORDINANCE NO. 84, 1975 BEING AN ORDINANCE AMENDING SECTIONS 2-22 AND 2-23 OF THE CODE OF THE CITY OF FORT COLLINS RELATING TO THE SALARIES OF THE ' CITY MANAGER AND CITY ATTORNEY i BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. That Section 2-22 of the Code of the City of Fort Collins be, and the same hereby is, amended by deleting therefrom the words and figures, "twenty-nine thousand forty dollars ($29,040.)," and by substituting therefor the words and figures, "thirty-two thousand dollars ($32,000.)." Section 2. That Section 2-23 of the Code of the City of Fort Collins be, and the same hereby is, amended by deleting therefrom the words and figures, "fifteen thousand dollars ($15,.000.)," and by substituting therefor the words and figures, "sixteen thousand dollars ($16,000.)." 1 Introduced, considered favorably on first reading, and ordered published this Q�,,rr�<.Lday of A.D. 1975, d to be presented for�_.1, passage on the I Q4. day of e.-.6,1A A.D. 197_%_. 395 11 r ATTEST: ity er Passed and adopted on final reading this 9th day of December 1975 ATTEST: Mayor. city Clerk First Reading: November 25, 1975 (Vote: Yeas: 7, Nays: 0) Second Reading: December 9, 1975 (Vote: Yeas: 5, Nays: 0) Dates Pushed: November 30, 1975 and December 14, 1975 At ity Cler Resolution Adopted Approving Renewal Agreement with Union Pacific Railroad Company for a Power Wire Line Crossing (C.D. No. 30657-E) Councilman.Bloom made a motion, seconded by Councilman Wilkinson to adopt the resolution. Yeas: Councilmembers Bloom, Bowling, Reeves, Russell and Wilkinson. Nays: None. 396 1 3U { RESOLUTION 75-71 ' OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING AN AGREEMENT WITH THE UNION !PACIFIC RAILROAD COMPANY i WHEREAS, Union Pacific Railroad Company has tendered to the City of Fort Collins, Colorado, an agreement covering the construction,'maintenance and operation of an overhead power wire line across the property and over the tracks of TV the railroad company at Fort Collins, Larimer County, Colorado, M such agreement being identified in the records of the railroad sa company as its C.D. No. 30657; and i, WHEREAS, the Council of the City of Fort Collins has said proposed agreement before it and has given it careful review and consideration; and WHEREAS, it is considered that the best interests of said City of Fort Collins, Colorado, will be subserved by the acceptance of said agreement. ' NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the terms of the agreement submitted by Union Pacific Railroad Company as aforesaid be, and the same are, hereby accepted in behalf of said.City;.and BE IT FURTHER RESOLVED that the Mayor of said City is hereby authorized, empowered and directed to execute said agreement on behalf of said City and that the City Clerk of said City is hereby authorized and directed to attest said agreement and to attach to each duplicate original of said agreement a certified copy of this resolution. Passed and adopted atan adjourned meeting of the City Council held this 9th day of December , A.D. 1975. ATTEST: Kayor CiXy Cleric ' 397 3',9811 Various Deeds and Easements Accepted . Councilwoman Reeves inquired into item "C", (Grant Deed from Eastgate Joint Venture), if this was an area that is undeveloped? Land Acquisition Director, Bill Holmes, stated this was undeveloped land. This had been appraised and reflected the appraisal price. Councilwoman Reeves then inquired if when the land is,developed, will the money be reclaimed.. Mr. Holmes stated that this is the policy that is being pursued. A. Easement ageement with Richard L. Bartlett, for a right of way for the installation and maintenance of a buried sewer pipe line north of West Elizabeth Street between the Rhoades' Subdivision and the Valley Hi Subdivision, First Filing., Consideration: $1.00 B. Easement from Fred and Amalia Koch for installation of a down -guy for an overhead pole line near the rear of the property located at 117 South Taft, Hill Road. Consideration: $1.00 C. Grant deed from Eastgate Joint Venture for right of way for widening of Riverside Avenue, pedestrian sidewalk, and the installation, reinstalla- ' tion, servicing and maintenance of utilities. Consideration: $6,000.00 D. Easement agreement with Don Pavel for a right of way for the Alta Vista sewer line. Consideration: .$1.00 Councilman Bowling made a motion, seconded by Councilwoman Reeves to accept the above easements and deeds. Yeas: Councilmembers Bloom, Bowling, Reeves, Russell,and Wilkinson. Nays: None. Resolution Adopted Appointing Members to the Policemen's Pension Fund Board Councilwoman Reeves made a motion, seconded by Councilman Bloom to adopt the resolution. Yeas: Councilmembers Bloom, Bowling, Reeves, Russell and Wilkinson. Nays: None. 398 RESOLUTION 75-72 i OF THE COUNCIL OF THE CITY OF FORT COLLINS APPOINTING t"..,''4BERS TO THE BOARD OF TRUSTEES OF THE POLICEMEN'S PENSION FUND OF THE CITY ` OF FORT COLLINS WHEREAS, heretofore the City Council, by ordinance No. 55, 1975, established a Board of Trustees of the Policemen's Pension Fund of.the City of Fort Collins; and WHEREAS, thelCity Council desires to appoint members to such board; and WHEREAS, such board is the successor board to the Board of Trustees of the Policemen's Pension Fund previously existing, except that the newly created board has three members elected from the Police Department; and WHEREAS, the members to serve from the Police Department on such board have been elected and their names submitted to the City Council, and the City Council now desires to confirm and appoint such persons to said board. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the following persons be, and they hereby are, appointed as the members on the Board of Trustees of the Policemen's Pension Fund of the City of Fort Collins from the Police Department to serve for the term indicated after their names: NAME OF MEMBER EXPIRATION OF TERM Clarence J. Davis. July 1, 1978 Howard Reed July 1, 1977 David Pitney July 1, 1976 Passed and adopted at an adjourned meeting of the City Council held this 9th day of December, A.D. 1975. ATTEST: Mayor City Clerk 399 f Ordinance Adopted on First Reading Vacating Public Easements on a Portion of Tract I, Southmoor Village, Third Filing The developers of Soutlmoor Village, 'third filing, have requested that the City Council vacate a small portion of Tract I which was dedicated for . public purposes on the plat of that subdivision. The tract is approxi- mately 35 feet in width and the portion to be vacated is approximately 5 feet in width by 34 feet in length. This request is made because of an error in laying out a house in the subdivision and the house actually encroaches on the public easement. You will note that there is still a substantial amount of public easement after the vacation, and this ease- ment was only dedicated as open area and access to the larger open area and drainage area north of the piece in question. The planning staff and the engineering staff have investigated this request and it is apparent that no harm will be done to public interests by complying with the request and adopting the vacation ordinance. Councilwoman Reeves made a motion, seconded by Councilman Bowling to adopt Ordinance No. 87, 1975 on first reading. Yeas: Councilmembers Bloom, Bowling, Reeves,and Russell. Nays: Councilman Wilkinson. Resolution Adopted on Urban Boundary and Functional Classification of Streets Director of Engineering Services, Roy A. Bingman, spoke to the revised Urban Boundary; the significance of this is that Urban Systems funding is dependent upon specific projects being indicated within the Urban Boundary and on the Functional Street System. Councilwoman Reeves made a motion, seconded by Councilman Bowling to adopt the resolution. Yeas: Councilmembers Bloom, Bowling, Reeves, Russell and Wilkinson. Nays: None. — — RESOLUTION 75-73 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING THE FORT COLLINS AND SURROUNDING AREA 1980 URBAN AREA BOUNDARY MAP FOR THE CITY OF FORT COLLINS WHEREAS, in order to be eligible system funds, it 5s necessary that the adopt an officialiurban boundary map; 400 for the receipt of urban City of Fort Collins. and S WHEREAS, a Fort Collins and Surrounding Area 1980 Urban Area Boundary map'has been prepared and presented to the City Council which is dated September 9, 1975; and WHEREAS, the Council has studied the same and now desires to approve said map. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the Fort Collins and Surrounding Area 1980 Urban Area Boundary map dated September 9, 1975, be, and'the same hereby is, accepted and approved by the City Council. Passed and adopted at an adjourned meeting of the City Council held this 9th day of December, A.D. 1975. ATTEST: City -Clerk Other Business 1. Councilman Bowling stated he has received requests for a possible improvement district from the PTA of Barton School regarding sidewalks on Stuart Street. 2. City Attorney March stated he had been contacted requesting street lights on East Prospect Street. 3'. Councilman Bowling announced the following meetings: 1) December 17, 1975 at Greeley on the 208 Review Process in conjunction with the Corps of Engineers, and 2) a meeting in Denver on December 11, 1975 with the Director of EPA. 4. City Attorney March reported that the Federal Court did rule on the preliminary stages on the paraphernalia cases and did, in effect, order that the various items that were seized be returned. The question of the liability has not been determined. 5. Mayor Russell announced that Mr. David Luplow would be invited to join Council for dinner as a V.I.C. (Very Important Citizen). 6. City Manager Brunton stated there would be no work sessions on the 23rd or 30th of December. 401 C Citizen Participation 1. Andy Anderson, 1421 Skyline Drive, President of the Concerned Citizens for Choice City Government, inquired into a recent newspaper article regarding consensus votes. Councilmembers inquired into bylaws and membership of the committee. Mayor Russell requested the Mr. Anderson submit his questions in writing to the City Manager for response. 2. Merle Goddard, President of the Board of Directors of the Fort Collins Area Chamber of Commerce, spoke to the Cultural Resources Center which they desired would include convention facilities. City Manager Brunton responded that the Administration has worked with the DT Committee and the architects on this project; after presentation to the Council, Council had directed the Administra- tion to proceed with a viable facility at a cost not to exceed two million dollars. Preston Davis stated the Committee and Administration and Council are:at the point where specific instructions must be given to the architect in order to proceed. 3. Martha Bartlett from the Community Crises Center expressed her appreciation for the support given the Center. 4. Mayor Russell stated the following Certificates of Appreciation to former., Board members to be presented were as follows: Tom Sutherland ) Bonnie Titley ) Planning and Zoning Board George Mack ) Erwin Wilson ) Housing Authority.. No former members were present to receive the plaques. Ordinance Adopted on First Reading Relating to Sales Tax for Industrial Machinery Merle Goddard, of the Fort Collins Area Chamber of Commerce spoke at length in support of the proposed ordinance. Councilmembers spoke in favor or in opposition to the ordinance and Director of Finance Charlie Cain addressed the problems which will be encountered in admini- stering the ordinance. Councilman Wilkinson made a motion, seconded by Councilman Bowling to adopt Ordinance No. 85, 1975 on first reading. Yeas: Councilmembers Bowling, Russell and Wilkinson. Nays: Councilmembers Bloom and Reeves. 402 I 8 Job Description for Position of Cultural Resources Director Approved - Not To Be Hired at This Time City Manager Brunton stated that although this item is in the budget, he felt there had been enough discussion at budget time, that it should be clarified. The City does have the grant for the Cultural Resources Director, also word had been received that there is a chance of getting a CFrA position to do work at the museum. Abbreviated Council comments are as follows: 1. Bloom - "No argument with job description; feel that filling the position at this time is premature." 2. Bowling - 'The job description is quite adequate, I do believe that since it takes time,to locate a person who will fill this job description, we should begin now." 3. Reeves - "I agree that we should move ahead. It appears we should start moving to.have someone now so that when the time for construction occurs we could eliminate mistakes." 4. Wilkinson - "I feel this is very premature; we could be a year and a half away from breaking ground." S. Russell - "I do not see the need for this person at this time, I have a different angle, I feel we have people on board at this time whose resources are not being utilized at this time. I agree with the job description but disagree with hiring a new person." Mr. Bob Clark, from the Arts and Humanities Council spoke in favor of hiring a director immediately. Martha Trimble, Cultural Resources Board member, spoke in favor of the hiring of the director immediately. Councilman Wilkinson made a motion, seconded by Councilman Bloom that the City not hire a Cultural Resources Director at this time. Yeas: Councilmembers Bloom, Russell and Wilkinson. Nays: Councilmembers Bowling and Reeves. 0 v City Manager Brunton stated that in light of the motion the Admininstration will be recommending how they will proceed to continue the program. One of the first things that will have to be done is to notify the Arts and Humanities Council to turn down the $13,500.00 grant. Councilman Bowling suggested that this notification be held until after the next Council meeting. Councilman Bowling made a motion, seconded by Councilwoman Reeves that the decision of the disposition of the grant be held until the next meeting. Yeas: Councilmember Bowling and Reeves. Nays: Councilmembers Bloom, Russell and Wilkinson. 403 N RIO Resolutions Adopted Initiating Consolidated Street Improvement District No. 71 City Attorney March stated the Council should consider the report of the City Engineer recommending the initiation by the City for the construction of side- walks, curb and gutter and asphalt paving on Taft Hill Road from LaPorte.Avenue to Prospect Street, on Springfield Drive from Taft Hill Road west approximately 270 feet, and on Peterson Street from Prospect Street to Parker Street, (including street lighting). Sanford Thayer, 1827 Michael Lane, stated that he worked in the area of cost benefit analysis and he believed that with respect to the fronting property owners, of which he is not one, the benefits from the project are negative and if the costs were positive he found this an undesirable project for the fronting property owners. Roy A. Bingman responded that the City does participate both in the cost of the street improvement and in the street lighting costs. It was then clarified that this is a consolidated district. Councilman Bloom made a motion, seconded by Councilwoman Reeves to adopt the resolution. Yeas: Councilmembers Bloom, Bowling, Reeves, Russell and Wilkinson. Nays: None. RESOLUTION 7$-74 OF THE COUNCIL OF THE CITY OF FORT COLLINS ACCEPT- ING A RECOMMENDATION FROM THE DIRECTOR OF PUBLIC WORKS REGARDING THE INITIATION OF A SPECIAL IMPROVE- MENT DISTRICT, STATING THE NEED FOR, THE NATURE OF, AND THE LOCATION OF THE IMPROVEMENTS TO BE MADE, DESCRIBING THE AREA TO BE ASSESSED FOR THE SAME, AND DIRECTING THE CITY ENGINEER TO PREPARE AND PRESENT TO THE CITY COUNCIL THE NECESSARY INFORMATION FOR THE FORMATION OF SAID DISTRICT I WHEREAS, the Director of Public Works has recommended to the City Council that a special improvement district be created for the purpose of installing certain public improve- ments in the City; and WHEREAS, the City Council has received such recommenda- tion and desires to continue with the formation of such special improvement district. 404 I CI NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. That the recommendation of the Director of Public Works is hereby received and accepted. Section 2. That the improvements to be constructed are. the following: curb, gutter, sidewalk, asphalt pavement and street lightint, and that such improvements are needed in order to facilitate the use of said street, increase the safety for persons using said street, decrease the required maintenance on said.street, and provide better lighting on such street. -- — Section 3. !The location of the improvements to be made is as follows: A. On Taft Bill Road from Laporte Avenue to 1 Prospect Road, except that portion of the east half of I Taft Hill Road from Laporte Avenue to Mulberry Street I previously improved. B. On Springfield Drive from Taft Hill Road westerly a distance of 270 feet. C. On Peterson Street from Prospect Road to Parker Street (asphalt pavement only). Section 4. The City Engineer is hereby directed to prepare and present to the Council the following: A. Preliminary plans and specifications of the improve- ments proposed. N 405 �. B. An estimate of the total cost of such improvements, including the cost of constructing the same, engineering, legal and advertising costs, interest during construction and until assessments are made by ordinance against the. properties benefited, and other incidental costs. C. A map of the district to be assessed for.the cost of the improvements. Section 5. The City Council hereby finds and determines that the improvements proposed to be installed on all of the locations designated under Section 3 above are substantially the same, and such improvements are to be consolidated into i one improvement district to be known as Consolidated Street Improvement Distr ct No. 71, but each separate location as designated in Section 3'above shall be considered as a separate area forlthe purpose of remonstrance and assessment. Passed and a opted at an adjourned meeting of the City Council held this 9th day of December 1975. i u ayor ATTEST: zz Cy clerk 406 I t Council then considered the report of the City Engineer setting forth the estimates, maps, and other details concerning the district which were prepared pursuant to the resolution just adopted. City Clerk, Verna Lewis read the resolution by title, approving the plans, details and establishing a hearing date of January 20, 1976 for adoption of the ordinance creating the district. Councilman Bowling made a motion, seconded by Councilman Wilkinson to adopt the resolution. Yeas: Councilmembers Bloom, Bowling, Reeves, Russell and Wilkinson. Nays: None. RESOLUTION 75-75 OF THE COUNCIL OF THE CITY OF FORT COLLINS ADOPT- ING THE REPORT OF THE CITY ENGINEER ON THE ESTIMATES, COSTS AND ASSESSMENTS FOR CONSOLIDATED STREET IMPROVEMENT DISTRICT NO. 71, APPROVING THE DETAILS AND SPECIFICATIONS FOR SUCH PROPOSED DISTRICT, DETERMINING THE AMOUNT OR PROPORTION OF THE TOTAL COST TO BE PAID BY A METHOD OTHER THAN ASSESSMENTS AGAINST PROPERTY IN THE DISTRICT, THE NUMBER OF INSTALLMENTS AND THE TIME WITHIN WHICH THE COST OF THE IMPROVEMENTS ASSESSED AGAINST PROPERTY IN THE DISTRICT WILL BE PAYABLE, THE RATE OF INTEREST TO BE CHARGED ON UNPAID INSTALLMENTS, THE PROPERTY TO BE ASSESSED FOR THE IMPROVEMENTS, THE METHOD OF MAKING SUCH ASSESSMENTS, AND THE DATE WHEN THE COUNCIL WILL HOLD A HEARING AND CONSIDER THE ORDERING.BY ORDINANCE OF THE PROPOSED IMPROVEMENTS WHEREAS, heretofore the City Council by resolution directed the City Engineer to make a complete survey of proposed Consolidated Street Improvement District No. 71, including the preparation of a map, plans and specifications, and estimate of cost of the improvements in said proposed district; and WHEREAS, the City Engineer has made his report and has presented the details and specifications for the proposed district. 407 �. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. That the report, plans, specifications; map and estimate as presented by the City Engineer for said district be and the same hereby are accepted and approved. Section 2. The following amount or proportion of the total cost of such improvements shall be paid by the City at large and not by .assessments against property in the district, to -wit: A. Improvements on Taft Hill Road - City Cost $49,34,4.00. B. Springfield Drive improvements - City Cost $207.00. C. ,.Peterson Street improvements - City Cost $100.00. Section 3. The property to be assessed for the improve- ments shall be as follows: those properties abutting upon the streets to be improved in the district, to -wit: A. On Taft Hill Road from Laporte Avenue to Prospect Road, except that portion of the east half of Taft Hill Road from Laporte Avenue to Mulberry Street previously improved. B. On Springfield Drive from Taft Hill Road westerly a distance of 270 feet. C. On Peterson Street from Prospect Road to Parker Street. I 1 Section 4.. Assessments for the cost of installing the �lot improvements in the district will be made as follows: upon all of the lots and lards abutting on the streets improved in proportion as the frontage of each lot or tract of land is to the frontage of all lots and lands so improved, with each street specifically itemized in Section 3 above,to be considered a separate unit for purposes of assessment. Section S. Said assessments shall be payable in ten equal annual installments, with interest on the unpaid installments at the rate of six percent (6%) per annum. Section 6. That on the 20th day of January, 1976, at the hour of 5:30 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, is the date on which the Council of the City of Fort Collins will consider the ordering by ordinance of the proposed improvements and hear all complaints and objections that may be made and filed in writing concerning the proposed improvements by the owners of any real estate to be assessed or any persons interested generally. Section 7. The City Clerk be and she hereby is directed to give notice by publication and mailing to the owners of property to be assessed and to all interested persons generally, all as set forth in Chapter 16 of the Code of the City of Fort Collins. Passed and adopted at an adjourned meeting of the City Council held this 9th day of December, 1975. ATTEST: City Clerk Resolution Adopted )wing Cultural Resources ✓-Laws Councilmembers praised the preparation of the bylaws with the exception of the portion regarding attendance in Article IV, which should contain a section that would reflect, four unexcused absences in one calendar year would also be reason for removal of a member. City Attorney March suggested that if Council approved the bylaws, that approval be conditional on that provision complying with a previous resolution on Boards and Commissions. Councilman Bloom made a motion, seconded by Councilman Wilkinson to adopt the resolution adopting the bylaws and that the bylaws be consistent with the resolution on Boards and Commissions. Yeas: Councilmembers Bloom, Bowling, Reeves, Russell and Wilkinson. Nays: None. RESOLUTION 75-76 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING THE BY-LAWS OF THE CULTURAL RESOURCES BOARD WHEREAS, pursuant to Section 2-75 of the Code of the City of Fort Collins the Cultural Resources Board has prepared proposed By-laws and has submitted such By-laws to the City Council for approval; and WHEREAS, the City Council desires to approve the By-laws for the Cultural Resources Board. 410 _ _ I a NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS, that the By-laws submitted by the_Cul- tural Resources Board be, and the same hereby are, approved. Passed and adopted atan adjourned meeting of the City Council held this 9th day of December, A.D. 1975. ATTEST: Mayor lCity Clerk Costs of Library Project to Stay on Budget Following is the memorandwn from the administration: At the work session on November 25, 1975, a report was presented by the Administration concerning the status of the Library project. At that time various materials detailing the costs incurred and anticipated to be in- curred were presented to the Council. A summary of the current status was further presented. We have further revised this summary as follows: Description Budget Estimate Balance Building $1,400,000 $1,380,000 $20,000 Furniture 6 Equipment 125,000 125,000 Landscaping 25,000 25,000 Books 120,000 120,000 Architectural Fees 125,000 125,000 Other Professional Fees 23,000 23,000 Miscellaneous Expenses 9,500 14,500 ( 5,000) Contingencies 50,000 70,000 ( 20,000) Subtotal $1,877,500 $1,882,500 ($ 5,000) Parking 150,000 Total $2,027,500 * This savings on building construction is an estimate only and cannot by any means be considered firm. There is a contingency of approxi- mately $67,000 in the original budget and at this time it appears hopeful that this amount of that contingency may not be spent. 411 er . The following items from the summary appear fixed and not capable of adjust- ment at this time: 1. Books - this amount is established in the 1976 budget as an operating item, and we do not feel it should be adjusted. 2. Architectural Fees - this is the actual amount contracted for and is firm. 3. Other Professional Fees - this item includes architectural fees for pro- fessional advice in selecting furniture and equipment and is established by the contract with the architects; architectural fees for preparing the - master plan of Washington Park which has been completed; and architectural fees for coordinating with the construction manager which also is in accordance with the contract. Incidentally, we are firmly of the opinion that the construction -manager approach has resulted in substantial savings on this project. 4. Miscellaneous Expense - this is an area where we definitely anticipate overruns in the amount of $5,000. This item is composed of the following: A. Architectural expenses reimbursable under the contract originally estimated at $6,000, now at $11,300. This item is typically estimated conservatively by architects and may have originally been estimated ,too low. In addition, many of the overruns were caused by the additional expenses incurred resulting from the election and change of site. This item is still only an estimate, but it is our best thinking at this time. B. Site Survey Expenses - originally estimated at $2,000, now complete at approximately $1,500. - C. Soil Test Inspection - originally estimated at $1,500, now completed at $1,700. The net adjustments under this category amount to a deficit of $5,000. 5. Contingencies - this was originally estimated at $50,000, and we are now estimating $70,000 resulting in a $20,000 overrun. The following items are included in this category: A. Library Consultant Expense already incurred - $15,500.' B. Direct cost already incurred to construction manager for moving, Museum - $16,407.43. C. Subcontract costs already incurred in moving Museum - $17,768.60. D. Fees actually incurred to architects for model and for services relating to site analysis.required by the election and change of site.- $9,500. E. Miscellaneous expenses actually incurred to date - 2,942.90. ' Total costs actually incurred to date (A thru E) - $62,118.93. � Z; '. 412 I P. We anticipate an additional cost of approximately $7,900 under this cate- gory which will relate primarily to demolishing the balance of the Museum building and secondly to miscellaneous small expenses. Obviously, this is only an estimate, but we feel this is very realistic at this time. Addition of this estimate results in total contingencies of $70,000. Therefore, it appears that there will be an overrun of $5,000 if the summary of expenses is accepted by the Council. This does not take into account additional expenses for parking facilities. The only areas which are flexible appear to be the project landscaping expenses of $25,000 and the furniture and equipment expense at $125,000. The current estimates that we have indicate that the landscaping expenses will be very close to the estimate. However, obviously, the City Council could direct that we cut back in this area. Much of the material presented to you at the work session related to the budget ff,r furniture and equipment. The material. presented Indicarc, that the expenditure of $126,000 will provide the bare minimum, which may or may not be acceptable for this facility. The estimates further indicate it may be desirable to go as high as $223,345 in order to adequately equip the Library for its future anticipated use. This level of expenditure was recommended by the architects. The Library staff recommends expenditure at the level of $141,346 which they feel will provide the minimum desirable amount of furniture and equipment to initially occupy the new facility. Recommendation: The Administration recommends that the Council accent the projected budget showing a $5,000 overrun as it relates to all categories except furniture and equipment and authorize the expenditure of an additional $5,000 in order to balance this estimate. This should be with the understand- ing that the amount of this overrun is based on anticipated savings on the construction project which cannot be considered firm at this time in the amount of $20,000. In the area of furniture and equipment, we recommend that you consider the architects' report,the Library staff recommendations, and the various cost estimates furnished and direct the Administration as to your desires in this area. Councilman Wilkinson stated there were two parts to the memorandum; 1) the question of whether or not to approve a $5,000.00 overrun and 2) direction to the Administration in the area of furniture. Since the bids have not come in the question is moot. Council comments on item 1) are as follows: Wilkinson - "Stay within the budget." Reeves - "Accept the overrun." Russell - "Stay on budget." Bowling - "Stay on budget." Bloom - Agreed with Councilmen Wilkinson, Russell and Bowling's comments. 8 413 I 3 Library Board member Ann Manvel suggested Council not make a decision on furniture this evening. Councilman Bowling made a motion, seconded by Councilman Wilkinson that Council hold to the original budget as assigned to the library construction and furnishings. Yeas: Councilmembers Bloom, Bowling, Russell and Wilkinson. Nays: Councilwoman Reeves. Adjournment Councilman Bowling made a motion, seconded by Councilman Wilkinson to adjourn. Yeas: Councilmembers Bloom, Bowling, Reeves, Russell and Wilkinson. Nays: None. ATTEST: 7 City Cler yor 1 AI 1