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HomeMy WebLinkAboutMINUTES-11/02/1972-RegularNovember 2, 197J1 MINUTES OF MEETING November 2, 1972 The City Council of the City of Fort Collins met in regular session at 1:30 P.M. in the Council Chambers of the Municipal Building on Thursday, November 2, 1972. Present: Councilmen Carson, Lopez, Preble, Peterson and Fead. Also: Robert Brunton, City Manager Mike DiTullio, Assistant City Manager Charles Liquin, Director of Public Works Arthur March, Jr., City Attorney Donald Reynolds, Planning Director Charlie Cain, Director of Finance Verna Lewis, City Clerk 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 26, 1972, be dispensed with. Ayes: Councilmen Carson, Lopez, Preble, Peterson and Fead. Nayes: None AGENDA ITEM 2A RESOLUTION - DURRELL CENTER APPLICATION 72-111 OF THE COUNCIL. OF THE CITY OF FORT COLLINS CONCERNING AN APPLICATION FOR A CLASS C LICENSE TO SELL NON -INTOXICATING MALT LIQUOR AND SETTING FORTH THE FINDINGS OF THE CITY COUNCIL ON SAID APPLICATION The Application of the State Board of Agriculture for a Class C License for the sale of run -intoxicating malt liquor came on for hearing on October 19, 1972, before the City Council., and the City Council having heard the testimony and receive the evidence as produced at said hearing, and having considered and weighed the same and being familiar with the neighborhood for which the license is sought, now makes the following findings: 1. The license sought by the applicant is for a location at the Durrell Center on the Colorado State University campus, said site being occupied as a residence hall and student, center facility, which includes a restaurant, and the license is sought in connection with such restaurant. 2.. The testimony and petitions presented b; the applicant at the hearing were to the effect that the inhabitants of the neighborhood desire that the license be granted and the needs of the neighborhood require the granting of this license. No substantial testimony or petitions wore presented contra to this position of the State Board of Agriculture. It is therefor the opinion and finding of the City Council that: A. The inhabitants of the neighborhood desire that the license be granted. B. The needs of the neighborhood require the Franti.ng of the license. NO{9, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the Application of the State Board of Agricuiture for a Class C Licens- for the sale of non -intoxicating malt liquor at the Durrell Center on the Colorado State University campus be and the same hereby is granted. Passed and adopted at a regular meeting of tfo City Council held this 2nd day of November, A.D 1972. ni 0 November 2, 1972 Motion was made by Councilman Lopez, seconded by Councilman Preble, that this resolution be adopted. Ayes: Councilmen Carson, Lopez, Preble, Peterson and Fead. Nayes: None. P160:41MI105 RESOLUTION 72-112 'ir' THE COUNCIL OF THE CITY OF FORT COLLINS .ACTING AS THE LOCAL LICENSING AUTHORITY AMENDING THi: RULES OF PROCEDURE OF '11H: LIQUOR LICENSING AUTHORITY � 1-7-Ri?AS, heretofore the City Council, acting as the Liquor Licensing Authority adcptcd certain Rules of Procedure to govern proceedings before the Authority; and ii1-IEREAS the Authority desires to amend said Rules of Procedure. NOW, THEREFORE, BE IT RESOLVED !tY THE COUNCIL OF THE CITY OF FORT COLLINS actin;; as the Liquor Licensing Authority that Rule 3. D. of the Rules of Procedure of the Authority be, and the same hereby is amended, by deleting there- from titre first sentence thereof and by substituting therefor, the following: "Tiro City Manager shall report to the City Council the result of his i::vostigation as soon as possible and, in any event, at least 3 wcc!.s prior to the date set for hearing on the license applica- tion." Passed and adopted by the Council of the City of Fort Collins acting as the Local Liquor Licensing .Authority at a re;uiar meeting of the Council held this 2:d day of N;vemhcr, A.U. 1972. /s/ Karl E. Carson ".ayor ATTEST: /s/ Verna Lewis City Clerk At the request of opponents and proponents of liquor applications, the Council had taken under advisement a request to extend the time between the preliminary hearing and the final hearing from one week to three weeks. This resolution would, in fact, implement this request. Motion was made by Councilman Fead, seconded by Councilman Peterson, that this resolution be adopted. Ayes: Councilmen Carson, Lopez, Preble, Peterson and Fead. Nayes: None. AGENDA ITEM 3A APPLICATION - IlOTE-L-RESTAURANT LIQUOR LICENSE PRYNTHIA JONES DBA SPORTSMAN'S BAR wton Attorney Arnaud7 represented the applicant and advised the Council he would like a two week postponement of the final hearing. City Attorney Arthur March, Jr., advised the Council that since notice had been given on this application, the matter must appear as scheduled on the agenda for November 9, 1972, and that the Council could then table the matter to a later date. City Manager Robert Brunton reviewed for Council the reports of the Building Inspector and the Fire Chief , although they had no relevance to this part of the hearing. Motion was made by Councilman Peterson to accept the application and set the boundaries (City Limits), seconded by Councilman Lopez. Ayes: Councilmen Carson, Lopez, Preble, Peterson and Fead. Nayes: None. n a..P2 `a RESOLUTION 72-113 OF Trli �, COIi1'101, OF :c Hi C' Fly OF FORT COLLINS ACTING AS Trap LOCAL LICENSING AUTf-iORITY SE—AiING FORTH FINDINGS ON A PRELINI iMY :MARINC ON A LIQUOR LICEN'SI APPLICATION 12 g business as Sportsman's ..�,tIiAS, heretofore, Pry�htlha J. Jones, cloir. e • m c Bar, made application to the City of Fort Collins for a package liquor store license; and 'ZIE-R AS, the City Council, acting as the local licensing authority, has received reports concerning such applications, and has held a preliminary hearing on such application as provided in Rule 3 of the Pules of Procedure of the liquor Licensing Authority. NM', TlERJ.101.E, BE, IT RESOLVED BY 1`11 C:OIr,CIL OF THE CITY OF FORT COLLINS, acting as a local licensing authority, that the authority hereby makes the following preliminary findings and determinations concerning this application, subject to the right of any party in interest to present further evidence concerning any of such findings and determinations at the hearing to be held on this application on the 9th day of November, 1972: I. That the subject premises are propor premises under the ordin- ances of the City of Fort Collins and the laws of the State of Colorado to be licensed for the sale of liquor as applied for by the applicant. 2. 'r�lat tihe boundaries of 'tile neighborhood to be served by this applicant arc as fellows: tine Fort Collins city limits. 3. Thhat O'C' necessary notice of hearing by publication and by Posting of the promises has been given as provided by law. 4. That the applicant is qualified under the ordinances of the City and the laws of the State for the license applied for. S. That the application is in proper form and will be heard by the authority on i'ovember 9, 1972. Passed and adopted at a regular meeting of the City Council held tii.s 211d day of ;,<wo;abcr, 1972. ATTEST: /s/ Karl C. Carson Mayor /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 3B RENEWAL APPLICATION FOR HOTEL -RESTAURANT LICENSE BY R. W. SPRINGSTON DBA GOLDEN RAM, 214 LINDEN 223 November 2, 1972 REPORT: On October 19, 1972, the above named subject made application for renewal of his Malt, Vinous, and spirituous Liquor License. On October 25, 1972, this officer received the application for review. This officer checked the records of the Fort Collins Police Department and found that this department has had no problems with the Golden Ram during the past year. This officer can find no reason to recommend denial at this time. Respectfully submitted, /s/ Deryle G. O'Dell, Detective Vice and Intelligence Bureau /s/ Ralph M. Smith Chief of Police Motion was made by Councilman Peterson, seconded by Councilman Lopez, that this application be approved. Ayes: Councilmen Carson, Lopez, Preble, Peterson and Fead. Nayes: None. AGENDA ITEM 3C aenewal application for Sportsman's Cafe 1002 North College Everett Dale $ Melva Jean Meyer Report: On October 25, 1972, the above named subjects made application for renewal of their Malt, Vinous, and Spirituous Liquor License. On October 2S, 1972, this officer received the appli- cation for review. This officer checked the records of the Fort Collins Police Department and found that this department has encountered no problems with this establishment. This officer can find no basis to recommend denial at this time. Respectfully submitted, /s/ Derlye G. O'Dell, Detective Vice and Intelligence Bureau /s/ Ralph Smith Chief of Police Motion was made by Councilman Fead, seconded by Councilman Peterson, that this application be approved. Ayes: Councilmen Carson, Lopez, Preble, Peterson and Fead. Nayes: None. RIT"NO =801Stl.1 ORDINANCE NO. 63, 1972 BEING AN ORDINANCE AMENDING SECTION 1-15 OF THE CODE OF ORDINANCES OF THE CITY OF FORT COLLINS, COLORADO. 1958. AS AMENDED. RELATING TO THE SALARY TO BE PAID THE CITY MANAGER Motion was made by Councilman Preble, seconded by Councilman Lopez, that Ordinance No. 63, 1972, be adopted. Ayes: Councilmen Carson, Lopez, Preble, Peterson and Fead. Nayes: None. AGENDA ITEM 4B Tabled from September 14, 1972 K ,�. Motion was made by Councilman Fead, seconded by Councilman Peterson, that this be removed from the table. Ayes: Councilmen Carson, Lopez, Preble, Peterson and Fead. Nayes: None. Mr. Lyle Carpenter, developer of the proposed annexation, appeared before Council and stated he had learned of Mr. Reynolds memorandum to the Council in Denver the night before. the meeting and had not received a copy of the memorandum. He therefore requested Council's indulgence in having the memorandum read, in order to allow him time to respond. This was read as follows: 2�4 Nomember_2.,_19.7.2 FROM: Don Reynolds, Planning Director SUBJECT: Pine Tree Park Annexation DATE: October 26, 1972 On October 12, the hearing and first reading of the ordinance zoning this annexation was held by the City Council and the developers request was passed by Council by a 4 to 1 vote. As you know, both the planning staff and the Planning and Zoning Board recommended modification to the zoning requested by the developer on the strength of several factors. I believe that the manner in which this project develops is of such significance to the City that I would like to request that an opportunity be given for discussion of this project at the time of the second reading of the ordinance with the hope.that the Council might be willing to reconsider its vote on the question. Following is a discussion of the issuEswhich I believe to be rele- vent to this case, beginning with a general discussion of growth strategy for the City and the manner in which the north side of the community relates to it and then concluding with a specific discussion of this project and the issues which I believe are important to the planning and development of this site as it relates to the community as a whole. General Comments Fort Collins has, for the past two decades, seen a period of very rapid growth, about eighty percent of which has been toward the south and away from the core area of the community. This growth has been a result of several factors, of which some of the more important are: 1. Availability and proximity of City utilities couoled with cheaper in -City rates. 2. Proximity to the CSU campus and accessibility to CSU in terms of travel time. 3. The most aggressive developers have been operating in the south. 4. 'lost of the development to the north of the City has been relatively expensive housing. 5. The barrier created by the wide Poudre Fiver valley where unstable soils and high water table have impeded growth. 6. Poor transportation connections from the north into the main part of the City. This thrust of growth to the south has resulted in the demand for retail and service facilities in close proximity to those new housing units as well as new or improved public facilities which in turn has made the south end more desirable as a place to live and has resulted in a self-perpetuating movement of growth to the south. The most recent major result of this is the decision to locate a regional shopping center on the south edge of the community where it will have proximity to the largest sector of the market, both now and in the forseeable future. This decision has str)ng implications on the City as a whole and represented a departure from the past situation where the downtown area was the dominant retail center of the region and represents, at best, a serious short-range blow to the potential of maintaining an active .regional retail function in the downtown area in that four out of five 295 2. 1972 "magnet" stores will be located on the south end of town and only one, Pennevs, remains downtown. 4lards moved out several years ago when Century Mall was built and three new "majors" will be located in the new shopping center. This has the effect of wiping out the possibility of attracting another "major" downtown for at least a few years until the market can support another. Yet, getting another "major" downtown is essential if the downtown area is to survive as a retail center, and indeed if it is to hold ono the one it presently has. Indeed, the possibility of Pennevs moving )ut of downtown is so clear to some of the more astute new merchandif2rs in the downtown that self -cancelling leases are being insisted on, :which are tied directly to Penneys continued presence in the downtown. downtown area can survive on a very marginal basis for five to ten years and that Penneys will "go it alone" until the market has expanded sufficiently to permit another major to come in and help it out, thus resulting in two regional centers --one serving the south end of the community and the other downtown serving the north, so far as major retailing is concerned, with the downtown continuing to serve as the focal point for financial and governmental institutions. This can happen only if a major effort is made to even out the growth pattern and start encouraging development to the north; while at the same time, holding the line on major centers which will cut into the down- town area's soon -to -be very thin market for shopping and comparison goods. Fortunately, there are indications that growth is beginning .to speed up on the north side and I believe this process wili speed up even more in the future. As utilities and more major roals are extended to the area and out into the lake district to the north, I believe we will see a rapid increase in activity in that area. Piano have said that since the downtown merchants have not taken any action on their own to enhance downtown's position that we should forget about downtown. There is some truth to this, but I think it is a very short-sighted approach given the tax base that downtown represents and the high public cost of having a sizable area of obso- lete vacant buildings, not to mention the more aesthetic; but, I think equally valid point that a city needs a central place where diverse and intense activity takes place. Such a place provides a sense of identity to the community and serves as a focal point for community pride. Shopping centers serve a valuable and useful function; but, I have yet to see one that provides this sense of identity to a. community since they are largely single -purpose installations. Almost without exception, the central cities that come to mind where a strong, sense of community identity and pride exists are those cities that have managed to keep their downtown area strong and vital. On the other hand those cities such as Los Aneles, Phoenix and Houston where little sense of community exists are all cities where the downtown area or focal point is very weak and its traditional functions have been dissipated into outlying areas. In short, I believe that a strong downtown is very important to the City as a whole, not just to a few downtown merchants. 41hat is needed to make it possible to revive it are people in its sector of the market. But, if at the same time as people are brought in we further diminish its market potential, we will have little chance of making it survive as one of the major retail areas of the community. Without that retailing, it ceases to remain a viable downtown area 226 November 2., 1972 and the City finds itself with a tax burden rather than a tax asset on its hand.. In terms of industrial location, the arguments are, I think, much less philosophical. Ile have, adjacent to the City to the east, a choice area for industrial development; which by a peculiar set of circumstances, has virtually no other use potential but industrial. This area is the,, mile wide band between Pine Drive on the north and Highway 14 on the south, from the Poudre River to Interstate 25. This area comprises a total of 2,240 acres of which only 470 acres are developed. The remaining 1,770 acres are vacant or presently in agricultural use. This area is served by good highway and rail access and contains a commercial air park. It is recognized by the staff that not.all industry needs all of these means of transportation, but this really begs the question.; The importance of this point is that having these facilities located as they are virtually commits the area for industry and there is simply no need nor no benefit to scattering industrial sites on other land in close proximity. This is not to say that there should not be more industrial areas in the Fort Collins urban area, but rather that there is adequate land in this specific part of the urban area to accommodate all forseeable needs. Comments Related Specifically to this Pronosal First, I think it is clear that the zoning plan for this property i•:as,hastily conceived and bears no relationship to good land plannine practice, nor does it bear any relationship to the givens of the site, such as the diagonal arterial street proposed in the Plan for Progress.. This was tacitly conceded by the developer's engineering firm when they .approached our office the other day about the possibility of shuffling the zoning lines around so they could come up with a reasonable plan. Our objections to the plan as a staff relate both to that aspect of the proposal and to some of the broader issues discussed earlier in this memo. It is clear, I think, to everyone concerned that there is a real need for a neighborhood shopping center in this area to serve the needs of both present and future population. Our primary point of contention is that we believe that the center should be just that and no more. Ile also recognize that in the future as the population on the north side grows, there will be a need for additional neighborhood centers and eventually a community shopping center; but, we firmly believe that the proposed location is the wrong one for that purpose due to its proximity to the downtown for a short -run consideration and due to the fact that it will not be well -located with respect to future population. Furthermore, there is an abundance of undeveloped and underdeveloped land already zoned for the ancillary uses proposed by this developer. It is our opinion that the needs cf the neighborhood can adequately be served by the provision of an 8 to 10 acre site for a neighborhood shopping center. Contrary to some of the statements that have been made, such centers have as their primary tenants a super- market and a drug store along with smaller convenience shops and profes- sional offices, not a 7-11 store. The other aspect of the question is that with this much land zoned, and presumably at some point in the future developed, it will, by necessity,have to depend on drawing from a larger area than just the north end of:town; thus, placing a heavier burden of traffic on North College Avenue, a street that is already crowded and where there is no possibility of widening, except by condemnation, because of a substandard right=of-way. ?27 November 2, 1972 The industrial portion of the request has drawbacks in addition to those previously stated. It separates the shopping center site from the population it is designed to serve and will, if developed, further complicate the traffic problem on North College Avenue by intensifying even further the traffic problem and strengthening the "strip city" aspect of this street. The developer's proposal suggests that the industrial zone should be used to "buffer" the existing commercial development from the proposed residential area. This concept is both unique and unsound. It results, on the developer's plan, in the co - mingling of industrial traffic on residential streets. This situation would be much more serious to deal with than backing planned residential development onto the existing business properties with adequate screening and fencing. Recommendations It is still the feeling of the staff that our original recommenda- tion is sound. That recommendation is as follows: 1. That 8 to 10 acres of land be zoned Highway Business for a neighborhood shopping center at the corner of Willox Lane and North College Avenue. 2. That 77 to 79 acres be zoned Planned Residential in the areas where the remainder of the Highway Business was requested and in the area where the Limited Indus- trial was requested. 3. That 120 acres be zoned Low -Density Planned Residential in the area where the Planned- Residential was requested. /s/ Donald Reynolds Planning Director Mayor Carson stated he had just received communication from the Planning and Zoning Board and this was also read into the record. Mrs. Preble and Centlemen:. The Planning and Zoning Board has become increasingly concerned about possible detrimental effects to the municipality which could result from the proposed Pine Tree Park Annexation on North College Avenue. Although the Board expressed some initial apprehension in regards to the proposed development, further study by the Board has increased doubts as to the desirability of this project. The Board has requested that I convey to the City Counci the position of the members. The Board realizes t:iat the Mayor and Citv Council are well versed on the possible attribute:; and detrimental effects of this proposal, and ,a review of these factors is not needed. At the same time, the Board would like to impress upoi the Council certain effects which have not been fully explained prev_.Dusly. Firstly, this project will, in all probability, have severe detrimen- tal effects upon the existing central business district. Because of the intended si.2e of the proposed facility, it is mandatory that customers would have to be attracted from the central residential areas of Fort Collins if the development is to be economically feasible and successful. The needs of these residents currently are being served by the central business district. As an unfortunate consequence, public monies might be needed to renew the business district and re -define its service area. In all prob- ability, special urban renewal funds from the U.S. Department of Housing and Urban Development will not be available to the City. Renewal programs are being phased out because of the recently enacted Revenue Sharing Program, and the Special Revenue Sharing Program which will be introduced in the forthcoming session of Congress. Therefore, any funds for urban renewal would have to be diverted from Revenue Sharing monies to be received by the City. ?S November 2 ,1972 Secondly, the State Highwav Department has proposed that the State Route 14 By -Pass transverse the property of the petitioner. Although the specific routing has not been determined by the State, premature development of the site could negate the selection of an optimum highway route. Also, it is possible that the proposed route need not bisect the property of the petitioner. If such a determination is made by the State, the petitioner would have the opportunity to better integrate the various concepts of his plan. Because of the above mentioned factors, the Planning and Zoning Board believes it would be in the best interests of the community for the City Council to table Ordinance No. 68 at this time pending the resolution of these questions.' Very truly yours, Geor'e Mock Planning and Zoning Board Vice -Chairman Director of Planning, Donald Reynolds, again reviewed his concern of the overall public interest indowntown , the diverting of the market from downtown to outlying areas, the arterial street width on North College Avenue, the question of the diagonal Highway bypass, the Environmental. Impact study on such a bypass and his concern with remedial cost to the downtown area, if a negative reaction was evidenced there. Developer Lyle Carpenter responded the concerns expressed ty the Director of Planning, stating he had applied for annexation and zoning under the regulations of the City and that they must have annexation and zoning approval before investors would consider the site. He also stated their proposal to provide a park and school site and that they have employed consultants to assist in the planning and development of the area. Mr. Carpenter presented slides of existing conditions in back of business fronting North College Avenue. :hose speaking in favor of the annexation were the following: Howard Jones - Resident of the area Claude Iluthier, Lamplighter Motel Joe Cienfuegos - Area Resident Ron Lebsack - Representing Investors Mr. Jones and Mr. Cienfuegos, stating that as downtown property owners and businessmen, they had expended no funds for parking facilities or improvement of the downtown area. Speaking in support of the Planning Staff and Planning and Zoning Board recommendation, were the following: Peggy Reeves - Private citizen and Bernice Reed The zoning of the annexation was then discussed and particular :.mphasis`placed on the IL zone. Mr. Brunton spoke to the question of having the light industrial zone as a buffer between Commercial and Residential zoning and stated it was unfortunate the City did not have at present, a PUD requirement in the IL zone but that this was in the process of being prepared, which will allow the City to review the developer's building design, site and landscaping plans, giving the City more control over actual development. The matter of truck traffic in the area was also discussed as it is an allowable use in this zone. Councilman Preble again expressed her advsersion to zoning anymore land IL and requested the Planner to outline the various lands, and their zoning. Planned Verbal reaffirmation by Mr. Carpenter was made that he would rezone the 69 acres of/Limited Industrial when suc;, a zone is created. Motion was made by Councilman Lopez to adopt Ordinance No. 58, 1972, on second reading, seconded by Councilman Peterson. Ayes: Councilmen Carson, Lopez, Preble, Peterson and Fead. Nayes: None. AGENDA ITEM 4C ORDINANCE NO. 68, 1972 being AN 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 AND CLASSIFYING FOR ZONING PURPOSES THE PROPERTY INCLUDED IN THE PINE TREE PARK ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO Motion was made by Councilman Lopez to adopt Ordinance No. 68, 1972, on second reading, seconded by Councilman Peterson. 229 November 2. 1972 c Ayes: Councilmen Carson, Lopez and Peterson. Nayes: Councilmen Preble and Fead. AGENDA ITEM 4D ORDINANCE NO. 69, 1972 BEING AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE CITY OF FORT COLLINS, COLORADO Motion was made by Councilman Lopez, seconded by Councilman Preble., that Ordinance No. 69, 1972, be adopted. Ayes: Councilmen Carson, Lopez, Preble, Peterson and Fead. Nayes: None. AGENDA ITEM SA ORDINANCE NO. 72, 1972 ZONING FIANNA SECOND ANNEXATION Aayor Carson had announced at the beginning of the meeting that this item had been withdrawn at the request of the applicant.At this time Ordinance No. 59, 1972, the Annexation of this application, was taken from the table. Motion was made by Councilman Lopez to defeat:this ordinance, seconded by Councilman Preble and adopted. Ayes: Councilmen Carson, Lopez, Preble, Peterson and Fead. Nayes: None. Attorney Ray Greer, representing the Fraziers and other residents in the area, had previously asked what the status of the petition was and was advised by the City Attorney that the petition was back to zero. AGENDA ITEM SB ORDINANCE NO. 73, 1972 BEING AN ORDINANCE AMENDIN G CHAPTER 19 OF TIME CODE OF ORDINANCES OF THE CITY OF FORT COLLINS, COLORADO, 1958, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE AND CLASSIFYING FOR ZONING PURPOSES THE PROPERTY INCLUDED IN THE WARREN SHORES SECOND ANNEXATION TO THE CITY OF FORT COLLINS COLORADO Motion was made by Councilman Fead, seconded by Councilman Preble, that Ordinance No. 73, 1972, be approved on first reading, to be presented on second reading the 23rd of November, 1972. Ayes: Councilmen Carson, Lopez, Preble, Peterson and Fead. Nayes: None. AGENDA ITEM 7F This item was next taken up as several interested parties had been waiting for some time on this matter. The memorandum from Joe Rice, Traffic Engineer, had previously been sent to Council and the City Manager reviewed the requests from service clubs to relax the one hour parking in the 100 and 200 Blocks on Linden Street, where service clubs meet for luncheon. Merchants on Linden favor the parking limitation because they claim service club members cars take up all the parking spaces and impede customers coming to their business. Mr. Brunton pledged the administration will study the situation and seek alternative parking possibilities. AGENDA ITEM SC ORDINANCE NO. 74,.1972 BEING AN ORDINANCE DETERMINING THAT THE CONSTRUCTION OF WATER MAINS FOR THE WATER UTILITY OF THE CITY DURING the YEAR 1972 WAS AN UNFORSEEN CONTINGENCY ARISING AFTER THE PASSAGE OF THE ANNUAL APPROPRIATION ORDINANCE AND APPROPRIATING THE SUM OF $290,000.00 FOR THE PURPOSE OF PAYING THE CITY'S SHARE OF THE COST OF CONSTRUCTION OF SUCH WATER MAINS Motion was made by Councilman Peterson, seconded by Councilman Preble, that Ordinance No. 74, 1972, be approved on first reading and presented on second reading on the 22nd day of November, 1972. Ayes: Councilmen Carson, Lopez, Preble,.Peterson and Fead. Nayes: None. AGENDA ITEM SD Ordinance No. 75, 1972 BEING AN ORDINANCE AMENDING SECTION 1-16 OF THE CODE OF ORDINANCES OF THE CITY OF FORT COLLINS, COLORADO, 1958, AS AMENDED, RELATING TO THE SALARY OF THE CITY ATTORNEY zoo J November 2, 1972 II Motion was made by Councilman Preble, seconded by Councilman Peterson, that Ordinance No. 75, 1972, be approved on first reading and to be presented on second reading the 22nd day of November, 1972. Ayes: Councilmen Carson, Lopez, Preble, Peterson and Fead. Nayes: None AGENDA ITEM 6A DISTRICT NO. 67 City Manager Robert Brunton reviewed the situation as regards to a arterial street wider than is proposed for th. area and stated this would be nebulous in the future. RESOLUTION 72-114 OF T.fii COiMPST.a-.F13 TIT O iT OF P u CT[Y E! uIi ihT. ; Qiv Im I'S1'I`dATF CAST AND ,iSSES;?•1:2'aS FOR SPREET DISIMCt NO. 67, IlP 2Civ'IAi Tiff DjE'rM1.5 '.:D SPECTT7TCATIONS FOR SUCH PRO- Pt:Gl:!) DISIMC71, I1F:'P�IIi IIivII!G TIII: PJ-DlY I' OR PROPORTION OP 11i1i 'i01'AL COST TO B PAID 3Y A i=I.1110D OMIT 1I116,N >SF:S' ;Fi?TS AGAINST PROPhPTY IN TIE DISTRICT, 1: f JNIZI- lii3t OF INSTALL.'-11"it'S .^u1D '110' TE'2. 11IIIJ9i 1"'ITCH 'II;I; COST 0^r T .': I1 y ROVIs T •il'S _1SSISSED AGAINST PROPMly I?T Tlili iIIST'i :EC'I' IYILI. 13I: I'tIYABLLi, 11I1: [v�- GF I 'f EST TO BL 0 R(113) ON UNPP.ID In:> jvuiFa\'TS, 111E Pi;O) 'I^f TO I)ii :ASS : ii!) Of: '11T Ir�RCPJ1?'thi;PS, Tlii 14ETiloo OF IAKI !G SuCII P,SS:SsENTS, Au0 'ITiE UWE IYfIE' TI1i CaLrNZIL :tiILL lIOLL) ;1. i Ll`'RTNG Aiv1? COi1SIDi'1: 'itlFi Of>)Ei<I:�G by ORDI'yrutiCFi OF ME PROPOSE) Ii•FPIOVE'Svd1S P,1ifRF�1S, heretofore the City Cowicil by resolution directed the City Engineer to wake a complete survey of proposed Street improvement District ho. 67, including the preparation of a wap, plans and specifications, and estimate of cost of the inprovenents in said proposed di trict; and 1'401S:16' the City Engineer has mold-- his rgport and bas presented the details and spccifi.cati.ons for tho proposed district. ii( 9, TI1p 'Li ORf , TEE IT RL;SOLVED BY THE CO111-14 I, OF "', CITY OF FORT COLLIIdS : Section 1. That the report, plans, specifications, .rap and estimate as presclIted jTy file City Diginecr for said district be and the same hereby arc accepted and approved. Section 2. Ti:e following amount or proportion of t:1e total cost of such ii—aprovemcnts shall be paid by the City at large and not by assessments against property in the district, to -wit: $1£,35£.00. Section 3. The property to be assessed for the iprovaiiOnts shall be as follaas: all of the properties abutting Lion tlue following streets, to -wit: a. First Street between Lincoln Street and Linden Street. b. Second Street between Lincoln Street and Linden Street. e. '17-drd Street between Lincoln Street and Linden Street. d. 'r.'zst Linden Street beteen First Street and Third Street. o. lust i,ogan Street bet;veen First Street and Third Street. All of said street_: beiulg i'u Luc: ul,iiam Place Addition to tha City of Fort Col Iins. 231_ November 2, 1972 Section 4. A:s1. .4-nt for the cost of installvi�, the improve- me-ts in the distcict till be mace as follows: upon all of ti,e lots and lands abutting on the s•.:rects vmroved in pro;xmi.on as tiio frontage of each lot or tract of land is co the frontage of all lots and lands so iiaproved. Suction S. raid assessments shall be payable in.0 equal annual irs talllcirnts , ni t: i i.ntorost on the unpaid installments at the rate of six ;,erccnt (G`>>) per MYuaua. Section 6. 'fiat on the Ath day of llecombcr, 1972, at the hour of L:30 o'cloc:c P.M,, or as soo;i thereafter as the r:•-aater may come on for 11c:;rin1, in the Council Glambers of the City !:all, City of Fort Collins, is the date on which the Council of the City of fort Collins will consider tip_ orderti.g by ordinance of the proposed improvcments and hear all complaints and objections that i-- y be made and filed in writing concerning the proposed in_,rcvcments by t;:c ow;icrs of any real estate to be assessed or any persons i.ntc:rested gc- raliv. Section 7. llii- City Clerk be and she hereby is directed to give notice by ;ublica io:: and mailing to the owners of property to be assessed anc to all i.iterc,tcd persons generally, all as set forth in Section 15- 56 of the ibde of 0rdir: races of t'ie City of Fort Collins, Colorado, 1958, as oncndcd. Passed a,:,c! adon-led at a regular meeting of the City Council ]field '2nd ;', y of November, :'. 2. ATTEST: /s/ Verna Lewis City Clerk ............ Karl F farcon Mayor Motion was made by Councilman Fead, seconded by Councilman Peterson, that this resolution be adopted. Ayes: Councilmen Carson, Lopez, Preble, Peterson and Fead. Nayes: None. AGENDA ITEM 7A WATER TREATMENT PLANT 41- RECONSTRUCTION & PERMISSION TO BID City Manager Robert Brunton stated there was an urgency in this item; that it was important to take bids and get the work done before April of next year. The winter.,months mark a reduction in needed filtered water, and this reconstruction will double our capacity or increase from 13 to 20 million gallons a day at Water Plant H1. Plans and specifications are on file in the offices of the City Clerk and .^.ngineer and note was taken of the Director of Public Works, Charles Liquin, statement that the money for this improvement was budgeted in the 1973 budget. Motion was made by Councilman Lopez, to accept the plans and specifications and authorize accepting bids on November 28, 1972. Seconded by Councilman Peterson. Ayes: Councilmen Carson, Lopez, Preble, Peterson and Fead. Nayes: None. AGENDA ITEM 7B UNION PACIFIC RAILROAD COMPANY POWER LINE AGREEMENT 2.12 November 2, 1972 RESOLUTION 72-11S WHEREAS, the UNION PACIFIC RAILROAD COMPANY has .tendered to the CITY OF FORT COLLINS, State of Colorado, an. agreement extending to and including September 18, 1977, the term of contract dated November 20, 1947, covering power line on and across the right of way and over the tracks of the. Railroad Company at Fort Collins, Colorado; said agreement being identified as Union Pacific Railroad Company's C. D. -No. 32739-F; and WHEREAS, the Council of the City of Fort Collins has said proposed agreement before it and has giver, it careful review and consideration; and WHEREAS, it is considered that the best interests of said City of Fort Collins, State of Colorado, will be subseived by the acceptance of said agreement; THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS, STATE OF COLORADO: That the terms of the agreement submitted by Union Pacific Railroad Companv as aforesaid be, and the same are hereby, accepted in behalf of said City; 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./ STATE OF COLORADO ) ss ; COUNTY OF LARIMER ) I, !i,%i„. _ City Clerk of the City of Fort Collins, State of Cc-.orado hereby certi- fy that the above and foregoing is a irue, full and correct copy of a resolution adopted by the Council of the City of Fort Collins; State of Colorado , at a.meeting held according to law at Fort Collins, Colorado on the d ty of )") (, i • 19 �. as the sane appea-s on file and of record in this office. IN TESTIMONY 11,FEREOF, I have hereunto set my hand and affixed the corporate seal of said City, this 2 day of Yi ��_. ( 19 C (Sea.'_) City Clerk of the City of Fort Collins, State o'i Colorado? Motion was made by Councilman Fead, seconded by Councilman Peterson, that this resolution be adopted. Ayes: Councilmen Carson, Lopez, Preble, Peterson and Fead. Nayes: None. . 7 C BIDS - FIRE HYDRANTS AND ACCESSORIES Bids have been received and evaluated covering consideration for purchase of: Five fire hydrants with 41' bury depths, five fire hydrants with S' bury and ten fire hydrants with auxiliary gate valves. Four invitations to bid were extended. One bidder entered a notation on the bid which read "unable to quote", another failed entirely to respond to the invitation; two bidders entered their bids, the results are: 2'33 I Southwestern Supply Co., Fort Collins, Colo. $3,277.30 Thompson Pipe $ Steel, Denver, Colorado 3,316.60 A complete breakdown of each bid is listed on the attached sheet. Although Southwestern Supply Co. is not the low bidder on each individual item we are recommending the acceptance of their bid because total bid is lower; additionally it is felt that the costs involved in another purchase order would be more than the savings achieved. Mr. Roger Hanson, Warehouse Manager, has evaluated the bids and all specifications have been met by the low bidder. A copy of his letter is attached. The recommendation is that Southwestern Supply Co. be awarded the contract in the amount of $3,277.30. Respectfully submitted, E. M. Kuppinger Purchasing Agent City Manager Robert Brunton stated the low bidder was a local firm. Motion was made by Councilman Lopez, seconded by Councilman Preble, that the recommendation of the low bidder be approved. Ayes: Councilmen Carson, Lopez, Preble, Peterson and Fead. Nayes: None. AGENDA ITEM 70 BIDS FOR DECIDUOUS TREES FOR PARKS AND RECREATION Report Bids have been received and evaluated covering consideration for purchase of: 180 Deciduous Trees of various species. Six invitiations to bid were extended, four nurseries responded and two did not respond. Mr. Carl Jorgensen, CityArborist, has evaluated the bids. A copy of his letter of recommenda- tion is attached. Based upon Mr. Jorgensen's letter, the recommendation is that the awards' be made in the following manner. Fossil Creek Nursery $468.80, Wilmore Nurseries, Inc.$ 711.30 Kroh Nurseries $396.00 and Fort Collins Nursery $65.00. Respectfully submitted, E. M. Kuppinger Purchasing Agent yotion was made by Councilman Preble, seconded by Councilman Fead, that the bids be awarded as recommended. Ayes: Councilmen Carson, Lopez, Preble, Peterson and Fead. Nayes: None AGENDA ITEM 7E. RECOMMENDATIONS FROM WATER BOARD ON UTILITY EXTENSION POLICY Motion was made by Councilman Lopez, seconded by Councilman Preble, that the report be received and discussed next week, November 9, 1972. Ayes: Councilmen Carson, Lopez, Preble, Peterson and Fead. Nayes: None. AGENDA ITEM 7G PLANS FOR NEW FIRE STATION I City Manager Robert Brunton advised the Council $230,616.00 had been budgeted for this project; $47,700.00 has been paid for the site, $550.00 has been spent for soil tests, the architect's fees are $20.,700.00, leaving a balance of $161,466.00. The architect's estimate of the cost 0 - 00 November 2, 1972 of the building is $209,000, therefore, any additional costs should be anticipated to come from a special appropriation to complete the project. Alternates to the proposed Fire station building would be brick as opposed to block, alternates in air conditioning, aluminum doors as opposed to wood doors, Alumimum windows as opposed to Anderson wood windows and carpet as opposed to tile. Therefore', the actual money received for the old fire station site should considered, as well as transfer of funds to proceed with the bid November 15, 1972, at this stage the amount needed to complete the project is con- siderably more than what we have in the budget. Plans are available in the City Manager's office and City Clerk's office for review. AGENDA ITEM 711 MIDDLE SCHOOL 212 North Meldrum Cite Manager Robert Brunton stated he had reviewed with Gordon Clyde, the Chief Building Inspector, the plans and the condition of this building, and recommended that the Council deny, this request.and completly demolish the building at 212 North Meldrum. He said it would cost from $4,000 to $6,000 to bring the building up to the building code, stating he would like to address this to the Middle School but did not see any answer. It was the desire of the Council that perhaps another building could be used, and the old Presbyterian Church was asked about by Mayor Carson as a possibility. Councilman Lopez said it was used very little, and there were enough floors, perhaps the school could use part of it. Mntion was made by Councilman Lopez, to accept the City Manager's recommendation to den} this with reluctance, seconded by Councilman Fead Ayes: Councilmen Carson, Lopez, Preble, Peterson and Fead. Nayes: None. Mr. Frank Saracino recorded from the meeting on the location of the sub -station being constructed on Mulberry and Overland Trail. Bob Kost, Electrical Engineer, said this matter has been sent to the State Board of Agriculture, that no agreement had been reached, the main problem being access. He stated the Board was meeting to -day and again Saturday and the decision was up to them. Mr. Kost said it was not feasible nor desirable to move it further west. Mr. Saracino objected to the noise, interfer- ence in television and would decrease the value of their property. Mr. Robert Brunton, City Manager, stated this a critical item and will continue to try to find better ways to do things and want to be reasonable in this matter. City Manager Robert Brunton stated he had received a copy of a letter from Mr. Smuck, Director of Planning of the State of Colorado regarding the requirements of receiving grants from HUD. lie said that according to HUD, the population of Fort Collins was 49,289, according to planning it is 51,1S2, and estimated at 010,S78. Mayor Carson announced there would be a joint City -County meeting at Blevins Jr. High School Nov- ember 20, 1972, at 7:30 P.M. to discuss Folthills development. Also a meeting November 8th at City Hall, at 7:30, to discuss the possibility of a Charter Convention, ADJC)URNMENT Motion was made by Councilman Preble, seconded by Councilman Lopez, that the Council adjourn. Ayes: Councilmen Carson, Lopez, Preble, Peterson and Fead. Nayes: None. ATTEST: ty