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HomeMy WebLinkAboutMINUTES-02/24/1972-Regular'74 MINUTES OF MEETING February 24, 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, February 24, 1972. Present: Councilmen Carson, Lopez, Councilwoman Preble, Councilmen Peterson and Fead. Also Present: Tom Coffey, City Manager Arthur March, Jr., Assistant City Attorney Roy Bingman, City Engineer Mayor Carson presided. DISPENSING OF MINUTES Motion was made by Councilman Lopez, seconded by Councilwoman Preble, that the reading of the minutes of Febxuaj?T 10, 1972, be dispensed with. Upon a roll call, all members of the Council voted in the affirmative. Motion was made by Councilman Carson, seconded by Councilwoman Preble, that the appointment of Verna Lewis as City Clerk to replace John Bartel, who is retiring, be ratified. Upon a roll call, all members of the Council voted in the affirmative. OATH OF OFFICE Was given to Verna Lewis, the newly appointed City Clerk, effective March 1, 1972. The City Manager stated that he had hired John Bartel to stay another two weeks to help Verna Lewis with the duties of City Clerk. Mayor Carson declared the Council will act as a Liquor Licensing Authority. AGENDA ITEM 3A PRELIMINARY HEARING ON LIQUOR APPLICATION FORT COLLINS LIQUORS, 2505 South College Avenue The Assistant City Attorney stated that the final hearing on this application be postponed until next week, the 2nd of March, 1972, that the boundaries are'/proper form, but are only tentative and can be changed. Motion was made by Councilwoman Preble, sec onded by Councilman Fead, that the final hearing on this application be set for March 2, 1972, Upon a roll call, all members of the Council voted in the affirmative. 11r. Ted Schmidt, Attorney for the applicants, was present, stating that he had nothing further to offer, that there had been no objections to the boundaries of the City Limits on the south, Shields Street on the west, Mulberry on the north and Lemay Avenue on the east. Mr. Bill Dressel, Attorney representing the other atlets in this area, was present objecting to the boundaries. He presented a map showing the other outlets in this area and their boundaries, as set by the Council at their hearings, and proposed that the neighborhood be established as it already is. He questioned the need for another liquor outlet in the south part of town. Mr. Schmidt stated that the Century Mall draws people from all over the state, that it was not legal to monopolize a certain neighborhood. Mr. Dressel said there needs to be some regulatedmonopoly instead of over flowing with liquor outlets. Mr. Schmidt said he would like to draw the boundaries around K-Mart, that the boundary on Mulberry be changed to Laurel Street on the north. Motion was made by Councilman Fead, seconded by Councilwoman Preble, that all boundaries be approved except Mulberry, and that be changed to Laurel Street. Upon a roll call, all members of the Council voted in the affirmative. Councilman Lopez suggested thata.thorough study be made of the other outlets so that in the future can know where we stand. RESOLUTION OF THE COUNCIL OF THE. CITY OF FORT COLLINS ACTING AS THE LOCAL LICENSING AUTHORITY SETTING FORTH FINDINGS ON A PRELIMINARY HEARING ON A LIQUOR LICENSE APPLICATION. KNEREAS, heretofore Arnold Schweitzer and Clyde L. Badger doing business as Fort Collins Liquor, made application to the City of Fort Collins for a package liquor store license, and WHEREAS, the City Council acting as the local licensing authority � has received reports concerning such application, and has held a preliminary 1, 175 February 24, 1972 hcari.ug on such aplication as povided in Rule 3 of the Rules of Procedure of the liquor licensing authority. I TiIEIEFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS, acting as the 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 deterninations at the hearing to be held on this application on the 2nd day of March, 1972: 1. That the subject premises are proper premises under the ordinances 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. That, the boundaries of the neighborhood to be served by this applicant are as follows: City Limits on the South; Shields Street on the West; Laurel Street on the North; LeMay Avenue on the East. 3. That the necessary notice of hearing by publication and by posting of the premises has been given as provided by law, and that time for hearing has been duly continued to March 2, 1972, at tl:e hour of 1:30 PiM, or as soon thereafter as the matter may come up for hearing. 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 :March 2, 1972. Passed and adopted this 24th day of Februgr 1972. /s/ rl"£. Carson M� o ATTEST: /s/ John Bartel City Clerk Motion was made by Councilman Lopez, seconded by Councilwoman Preble, that this resolution be adopted. Upon a roll call, all members of the Council voted in the affirmative. AGENDA ITEM 3B REPORT OF CARL JORGENSEN, CITY ARBORIST RE: Evaluation of storm damage to trees on the City Park Nine Golf Course To preface this report, please bear in mind that approximately 100 Chinese Elm trees were removed along the north boundary in 1971. �In addition, all Elm trees, which suffered damage from the 1969/11torm, were given corrective pruning in 1971 to eliminate possible Dutch Elm Disease brood wood. The modest sum of $1,500 was allocated in the 1972 budget for corrective pruning of 30 trees of species other than elm on the course, wnich,were not pruned in 1971. To begin a replacement program, $300.00 was allocated in the 1972 budget to replant 15 trees damaged beyond repair and removed 24. 1972 The total tree removal and pruning program for City Park Nine in 1971 cost approximately $5,000.00. Park and city crews worked 3 weeks to remove branches and brush. Most of the corrective pruning was done by bid by a commercial arborist and limited to elm trees. As explained in the budget justification, most of the trees on City Park Nine are now senescent and will gradually die -out and need re- placement. To further complicate the picture, many are Chinese Elm, the most susceptibl.a species to wind and snow breakage. Trees are, of course, an essential, as well as an attractive feature of any golf course. They define fairways and greens and provide cooling shade. Since this course is income producing ($30,000-$35,000/ year), it is imperative to maintain its attractiveness to golfers. Shortly after the September snowstorm, we made a cursory examination of all parks, the cemetery and golf courses: We have 4uot completed detailed evaluation of the City Park Nine golf course, which shows the follnwinoe DEGREE OF DAMAGE Light Medium Heavy Complete Loss (Requires removal) ELMS OTHER AMERICAN & CHINESE SPECIES 32 31 39 25 43 18 6 4 TOTAL - - - 120 COSTS: 78 Estimated pruning costs - 188 trees - - - - - - $7,520.00 Estimated removal cost - 2 trees - - - - - - - .300.00 Estimated removal cost - 8 trees - - - - - - -- ($800.00) (To be done by park & forestry crews) Estimated brush removal - - - - - - - - - - --($1,500.00) (To be done by park & city crews) Estimated stump removal - 10 trees @ $25.00/ea. 250.00 Replacement costs - 10 trees @ $30.00 - - - - - 300.00 Planting costs - lU trews @ $30.00/ea. - - - - ($300.00) (Included in 1972 budget) Total contingency outlay - - - $8,370.00 Inasmuch as the course will be in heavy use during this spring and since Hi -Rangers and trucks can only operate when the ground is frozen, we are requesting bids for the above work to be done prior to April 1, 1972. RE: Evaluation of 1971 Storm Damage to Trees in City Parks, Cemeteries, and Golf Courses. Shortly after the devastating snowstorm in September 1971, 1 made a cursory examination of damage in all parks, cemeteries, and the City Park Nine golf course and reported to you an estimated cost of $30,000 to $35,000 for corrective pruning. Subsequent windstorms have increased the d cage somewhat. We have just completed a detailed appraisal of all damaged trees, and the attached summary sheet shows the result of this appraisal. In preparing the Forestry budget for 1972, the amounts allocated for tree maintenance would permit normal corrective pruning for 200 trees in all parks, etc. (The number of storm damaged trees in the City Park Golf Course alone was 188). Also, we anticipated a 45 day usage of the Hi -Ranger. It now aopears we will need to use this equipment from the moment it arrives until Fall. Brush removal will tie up a truck and driver some of this time. In order to efficiently carry out the necessary tree work, I am proposing the following priority: City Park Nine Golf Course By Bid Washington Park & Municipal Building Block City Park t'ebr_uaE_y 2_LL,_19.77 Library Park U. P. Depot Forestry Grandview Cemetery Crew High School Park Spring Creek Park Edora Park The fist three are obviously the areas that the public uses post, or where the damage is very obvious. Our Hi —Ranger will arrive sometime in May. This is too late for the top priority work. The heavy use of the golf course after April 1, plus the need to operate the heavy equipment before the ground thaws out, necessitates immediate approval of corrective pruning there. The danger of Dutch Elm Disease requires removal of brood wood from the elms In the City Hall block and at City Park prior to May 15. My February loth memo relative to the City Park Nine Golf Course presents that picture. We have had two tentative bids for pruning the golf course. One totals $5,935 excluding brush removal, and the other totals $9,110 and also excludes brush removal. Neither one, of course, considered replacement cost, but my estimate shows $600 for such planting. We have one tentative bid for the City Hall block and Washington Park. Excluding the brush removal, the total comes to ,$$2,844. Brush removal would add another ?570.00. The extensive tree damage in City Park has been tentatively bid in two parts. Part 1, which is absolutely essential, totals $19,744. Part 2, consisting largely of mature cottonwoods, would cost $3,960. Brush removal would add $2,580 to Part 1 and $540 to Part 2. A bare —bones contingency allocation for bid work would be $339083, and we haul the brush. We would then need to add '$9,000 to our 1972 budget for labor and additional time use for our Hi —Ranger during the sur^mer of 1972. Brush removal by city crews would need to be added to this amount. I will be glad to discuss any details of this progran with you and the City Council. APPRAISAL OF TREE DAMAGE IN CITY PARKS, CEMETERY, AND GOLF COURSE DUE TO SNCW STORM AND WINDSTORMS FalI — 1971 Estimate Made — February, 1972 Degree of City Park Golf Course City Hall block Cit Park LibraFark Elm Other Elm Other Damage Elm Other Elm 10ther Light 32 31 23 5 65 50 41 3 Medium 39 25 14 9 78 61 13 5 Heavy 43 18 10 6 53 53 28 0 Remove 10 2 3 1 2 9 2 0 Stumps 0 0 0 0 2 1 2 0 TOTAL: To Prune 114 74 47 21 196 164 82 8 To Remove 10 2 3 7 2 9 2 0 Stumps 0 0 0 0 2 1 2 0 Degree of Damage U.P. Denot Grandview Hiah School Elm Park Other S ring Creak, Elora ElmjOther Elm Other Elm Other Elm Other Light 2 0 154 11 1 3 0 0 0 4 Medium 11 0 68 24 2 2 1 1 0 0 Heavy 0 0 15 30 0 0 0 0 0 0 Remove 0 0 1 2 0 0 0 0 0 2 Stumps 1 0 0 0 0 0 0 0 0 0 TOTA L: To Prune 13 0 237 65 3 5 1 1 0 6 To Remove 0 0 1 2 0 0 0 0 0 2 Stumps 1 0 0 0 0 0 0 0 0 0 Light Medium Heavy TOTAL TO BE PRUNED ..................... TOTAL REMOVAL .......................... STUMP REMOVAL 014LY..................... Grand Total FORESTRY nEPeRTMENT February, 1972 TOTALS 318 107 226 127 149 107 693 ................. 341 19 ................. 14 5 ................. 3 717 358 V. /Z, 1 0 City Arbn ist Mr. Jorgensen stated that the banks had offered trees in the past and had good cooperation by the Cityof Fort Collins. Councilman asked who is responsible for the trees in the older parts of town. It was stated that it is the owners responsibility, that the cost can be streched out where it is not so hard to pay for. Mayor Carson said we must attack this problem , that we cannot let the trees go to "pot". The City Manager said that Carl Jorgensen had been realistic, that this program will require a supplemental appropriation. Mr. Jorgensen suggested the City Park be taken care of as the golfers will be coming in. The City Manager said that there is money in the budget, but will have to make appropriations after 8 months. After discussion, motion was made by Councilman Fead, seconded by Councilman Peterson, that the Council be authorized to proceed with this matter. Upon a roll call, all members of the Council voted in the affirmative. AGENDA ITEM 4A MOUNTAIN SHADOWS ANNEXATION ORDINANCE NO. 4, 1972 The City Manager said this had been tabled by the owner because of water problems and the expe�pgater in. Councilman moved that the City Manager bring a recommendation from the Water Board at a future date regarding this matter. This was seconded by Councilwoman Preble. Upon a roll call, all members of the Council voted in the affirmative. AGENDA ITEM 4C ORDINANCE NO. 5, 1972 BEING AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE CITY OF FORT COLLINS, COLORADO Motion was made by Councilman Peterson, seconded by Councilwoman Preble, that Ordinance No. 5, 1972, be considered favorably on first reading this 24th day of February, 1972, and to be presented for final passage on the 16th day of March, 1972. Upon a roll call, all members of the Council voted in the affirmative. AGENDA ITEM 4D 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 FOR ZONING PURPOSES CERTAIN PROPERTY BEING ANNEXED TO THE CITY OF FORT COLLINS WHEREAS, heretofore the City Council of the City of Fort Collins initiated annexation procedures for certain property known as the Third Foothills 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-M, Medium Density 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 recommendation thereon, all in accordance with Section 19-46 of the Code of Ordinances of the 1.70 Eehruar_y 24_,_19.7.2 WHEREAS, the City Council desires to hold 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 March 16, 1972 at 1:30 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 place for 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 Section 19-46 of the Code of Ordinances of the City of Fort Collins, Colorado, 1958, as amended, in the form attached hereto. Passed and adopted at a regular meeting of the City Council held this 24th day of February, 1972. /s/ Karl E. Carson Mayor ATTEST: /s/ John Bartel City Clerk Motion was made by Councilman Lopez, seconded by Councilman Peterson, that this resolution be adopted. Upon a roll call, all members of the Council voted in the affirmative. AGE14DA ITEM 4E ORDINANCE NO. 6, 1972 BEING AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE CITY OF FORT COLLINS, COLORADO Motion was made by Councilwoman Preble, seconded by Councilman Fead, that Ordinance No. 6, 1972, be considered favorably on first reading this 24th day of February , 1972, and to be presented for final passage onthe 16th day of March, 1972. Upon a roll call, all members of the Council voted in the affirmative. AGENDA ITEM 4F RESOLUTION 72-9 OF THE COUNCIL OF THE CITY OF FORT COLLINS GIVING NOTICE CONCERNING A PROPOSED ORDINANCE AMENDING CHAPTER 19 OF THE CODE OF ORDINANCES OF TH: CITY OF FORT COLLINS, COLORADO, 1958, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE, IN ORDER TO CLASSIFY FOR ZONING PURPOSES CERTAIN PROPERTY BEING ANNEXED TO THE CITY OF FORT COLLINS WHEREAS, heretofore the City Council of the City of Fort Collins initiated annexation procedures for certain property known as the Spring Creek Farms Second 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, Low Density 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 recommendation 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 to hold a hearing on said zoning request as required by said Section 19-46. 180 24, 1972 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that March 16, 1972 at 1:30 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 place for 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 Section 19-46 of the Code of Ordinances of the City of Fort Collins, Colorado, 1958, as amended, in the form attached hereto. Passed and adopted at a regular meeting of the/,City Council held this 24th day of February, 1972. L-ZZ/lKari E. Carson ATTEST: /s/ John Bartel City Clerk Motion was made by Councilman Fead, seconded by Councilman Peterson, that this resolution be adopted. Upon a roll call, all members of the Council voted in the affirmative. AGENDA ITEM 4G ORDINANCE NO. 7, 1972 BEING AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE CITY OF FORT COLLINS, COLORADO Motion was made by Councilman Peterson, seconded by Councilman Fead, that Ordinance No. 7, 1972, be considered favorably on first reading, this 24h day of February, 1972, and presented for final passage on the 16th day of March, 1972. Upon a roll call, all members of the Council voted in the affirmative. AGENDA ITEM 4H RESOLUTION 72-10 OF TFIE COUNCIL OF THE CITY OF FORT COLLINS GIVING NOTICE CONCERNING A PROPOSED ORDINANCE ANEINDING 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 FOR ZONING PURPOSES CERTAIN PROPERTY BEING ANNEXED TO THE CITY OF FORT COLLINS WHEREAS, heretofore the City Council of the City of Fort Collins initiated annexation procedures for certain property known as the Greenwalt Eighth 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, Low Density 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 recommendation 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 to hold 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 March 16th, 1972 at 1:30 P.M., or as soon thereafter as the matter 18 Fahr_uar-y 24.,_19.72 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 place for 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 Section 19-46 of the Code of Ordinances of the City of Fort Collins, Colorado, 1958, as amended, in the form attached hereto. Passed and adopted at a regular meeting of t e City Council held this 24th day of February, 1972. / Karl E. Carson ATTEST: /s/ John Bartel Motion was made by Councilwoman Preble, seconded by Councilman Lopez, that this resolution be adopted. Upon a roll call, all members of the:Council voted in the affirmative. AGENDA ITEM 4I RESOLUTION - 72-11 OF THE COnICIL OF TH% CITY OF FORT COLLINS ACCEPTING AN OPTION TO PURCHASE CZ1!TAM PROPERTY AND AUTHORIZING THE ACCEPTANCE OF SUCH OPTION AND THE ACQUISITION OF SAID PROPERTY IN f;CCORDANCE WITH THE TERPhS THEREOF WHEREAS, it is necessary that the City of Fort Collins acquire a site for a fii-v station; and 1A1EREAS, in the opinion of the City Council, the desirable site for said fire station is certain proporty, more particularly described as follows: Lot 1, , ad tho East 25 feet of Lot 2 in Block 145 in the City of Fort Collins, Colorado, according to the recorded Plat thereof; and WHEREAS, the owner of said property has offered an option to the City to acquire said property for a purchase price of Forty Seven Thousand Scvcn Hundred ($47,700.00) Dollars; and C,Ii:iREAS, the City Comicil desires to accept such option and to authorize the exercise thereof and the acquisition of said property in accordance with the terms of said option. NOW, THUIEFORE, BE IT RESOLVED BY TiIE• COUNCIL OF THE CITY OF FORT COLLINS: 1. That the Option to Purchase offered by Beth L. Moreau for the property described above at a purchase price of Forty Seven Thousand Seven liandred ($47,700.00) Doilars,be and the same hereby is accepted by the City of Fort Collins; and 2. That the City Hanagor be and he hereby is authorized and directed to exercise said option for and on behalf of the City of Fort Collins, in accordaihCG with the tcrt�s thereof; and j t 182 3. That tho City Manager fu hhor authorized to complete the: purchase of said property in accordance with the terms of said option. Passed and adopted this 24t% day of Februaxf, 1972. /s/ Karl E. Carson Mayor ATTEST: /s/ John Bartel CityrClerk The City Manager stated he had worked out ar, option proposal and sent $4�,000, but that $47,000 difference is the commission, that he had signed the agreement with the realestate company for $35,000 for the downtown site, 90 days after have surrendered it. Councilman Lopez objected to the addition to the price and suggested that the real estate shculd pay the fee rather than the one that is paying for it. Charles Rhoades is the realtor. Mayor Carson said he thought Councilman Lopez had a point and asked if Judge Tobin, Mrs. Moreau's Attorney, would negotiate. The City Manager said he would not. Mayor Carson said that this price is favorable compared to other land. The City Attorney said the owner never said they would sell it at $45,000, that most appraisers charged $12,00 a square foot. After further discussion, motion was made by Councilman Fead, seconded by Councilwoman Preble, that the resolution be adopted. Upon a roll call, all members voted in the affirmative with the exception of Councilman Lopez, who voted naye. AGENDA ITEM 4J RESOLUTION 72-12 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CITY'S PARTICIPATIOPJ IN THE HEARINGS INVOLVING VE REQUEST BEFORE 'M: COLORADO PUBLIC UTILITIES COK"IISSION OF P90ffrAIN BELL FOR AIN INCASE IN TELEPHONE MTES AND AUTHORIZING THE PAYMENT OF THE SUM OF $1,083.43 AS THE CITY'S COST FOR PARTICIPATING IN SUCH HEARING PAIEREAS, Mountain Bell has applied to the Public Utilities Com- mission of the State of Colorado for authority to increase telephone rates in the State; and 4AIEREAS, in the opinion of the City Council, this is a matter of corcorn to the City of Fort Collins and the residents thereof; and VOIEREAS, arrangemonts have been made whereby municipalities in the Stare of Colorado may participate in such hearings; and P.1•3REAS, the cost to tho City of Fort Collins to participate in such hcarings will be $1,033.43. NO:C, THLREFOR?, BE IT RlaOLVED BY Ti;,-, COUNCIL OF THE CITY OF FORT COLLINS that the City of Fort Collins shall participate in the Public Utility Commission hcarings on the application of Mountain Loll for an increase in telephone ratos; and BE 1T FURTI .'& RL"SCVVED that the payment of the sum of $1,083.43 as the share of the City of Fort Collins for participation in said hearings be, and the same hereby is authorized and di :ectcd. TTEST: s/ John Bartel ity Clerk Passed and adopted this 24th any of February, 1972, /s/ Karl E. Carson Mayor February 24, 1972 Motion was made by Councilwoman Preble, seconded by Councilman Fead, that this resolution be adopted. Upon a roll call, all members of the Council voted in the affirmative. AGENDA ITEM 4K RESOLUTION 72-13 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPOINTING IVI',LIAM D. CIULTON AS A i•` t•iBF,t? OF THE CITY OF FORT COLLINS ZONING BOARD OF APPEALS hi ERF.AS, Darrell Glasser has resigned as a member of the City of Fort Collins Zoning Board of Appeals; mid WIHERBAS, the City Council desires to appoint WILLIAM D. CHILTON a member of. said Board to fill out the unexpired term of Darrell Glasser, and he has indicated that he i.s «iliing to accept an appointment to such Board. PI0Vi', THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CM OF FORT COLLINS that WILLIrAM D. CHILTON be and he hereby is appointed as a member of the City of Fort Collins Zoning Board of Appeals to fill out the remain- ing term of Darrell Glasser on said Board, said term expiring on August 5, 1975. Passed and adopted this 24th Oar of i b°t:a:.T^, 1972. /s/ Karl E. Carson -- Mayor ATTEST: /s/ John Bartel City Clerk Motion was made by Councilman Peterson, seconded by Councilman Lopez, that this resolution be adopted. Upon a roll call, all members of the Council voted in the affirmative. AGENDA ITEM 5A Jerry Lamiero was present and gave a report on the Social Action Committee. He said they had about 70 people who had volunteered their services and were associated with John XXIII but were not limited to this. He said they had received donations from businesses in town of materials, etc. He showed a graph of a home which they had remodeled for a 91 year old woman who was on welfare and could not help herself, on South Whitcomb Street. He said they had done many other projects, such as trailer skirting, trash removal, steps, etc. He said their aim is to make people aware of this program and more volunteer help in their drive. He requested that a proclamation be initiated for this committee. He thanked the Council for their warm interest in this matter. Mayor Carson asked the City Attorney to draw up the necessary proclamation proclaiming March 5 through March 11, as Social Action Week. Both Councilwoman Preble and Councilman Fead commended him for his report and the work they were doing: AGENDA ITEM 5B RESOLUTION 72-14 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING AN AGREE1'rT1*C TO BE ENTERED INTO WITH TIIC BOARD OF COUP7Y CO B4ISSIONERS OF LARINER COUNTY I-REAS, harctoforo the City of Fort Collins and the County of Larimer entered into an Agreement regarding the operation of the City and County Library; and 111EREAS, in the opinion of the Council of the City of Fort Col - line, 1t is dosirabio to continue such Agreement and a new Agreement has been 184 ;'+i'cprrcd to continue the 1!%' aaq^raant for the year 1972; and W10 EAS, said A reement has been approved by the City Attorney and the City M',Unasor. MC,, T:i:RF,rORP., BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the teims and conditions of said Agreement be and the sale here- by are accepted and approved; and BE 11' FURTHER RESOLVED that the ,;ayor and City Clerk be, and they hereby are, authorized and dir.ctod to execute said Agrccricnt for and on behalf of the City of Fort Collins. PasscJ and adopted this 24th day of Fci;ruar;, 1972. /s/ Karl E. Carson Mayor ATTEST: /s/ John Bartel City Clerk Motion was made by Councilman Lopez, seconded by Councilwoman Preble, that this resolution and agreement be approved. Upon a roll call, all members of the Council voted in the affirmative. AGENDA ITEM 5C RIGHT OF WAY AGREEMENT Between Parkwood, Inc., and the City of Fort Collins for an underground storm sewerline, was presented. Motion was made by Councilman Peterson, seconded by Councilman Fead, that this right of way agreement be approved. Upon a roll call, all members of the Council voted in the affirmative. AGENDA ITEM 5D ion of Doris Atkinson from the Senior Citizens Commission. Letter: Dear Mayor Carson: This letter is written to you for the purpose of submitting my resignation as a member of the Coordinating Commission for Senior Citizens. One reason for my resignation is that I have had a change in my employment which will require that I do most of my work in the field. Therefore, it would not be possible for me to attend meetings regularly. Very truly yours, /s/ Doris I. Atkinson Mayor Carson stated that after action was taken, that he had recommendations for a replacement. Motion was made by Councilman Peterson, seconded by Councilwoman Preble, that this assignment be accepted and a letter of appreciation for her services on this Board be sent. Upon a roll call, all members of the Council voted in the affirmative. Mayor Carson recommended Charles Shepardson as a replacement for Doris Atkinson, and that he was willing to serve on the Coordinating Commission for Senior Citizens. Motion was made by Councilwoman Preble, seconded by Council Fead, that the recommendation of the Mayor be approved and referred to the City Attorney for the proper resolution. Upon a roll call, all members of the Council voted in the affirmative. Mayor Carson recommended to the Council that Seymour Graham be appointed to the Human Relations Commission. Motion was made by Councilman Peterson, seconded by Councilman Fead, that this recommendation be approved and referred to the City Attorney to prepare the necessary resolution. Upon a roll call, all members of the Council voted in the affirmative. AGENDA ITEM 5E PROPOSAL FOR EXPANSION OF SERVICE CENTER Stan Case, Director of Utilities,presented a report on plans for expansion of the Service Center and the architectural costs presented by Virgil Magerfleisch. These plans call for additions to the existing structure and purchase of five more acres of land ajoining the location where a new building will be constructed. It was stated that there is $12,500 in the 185 Febnuar_y 24_,_19Z7 budget for this land, but prefer to wait until it is found that the land is available. After discussion, motion was made by Councilman Lopez, seconded by Councilwoman Preble, that the proposal be accepted, and that Mr. Case proceed with the plans as soon as possible. Upon a roll call, all members of the Council voted in the affirmative. AGENDA ITEM 5F and 5H The City Manager commented on these matters, stating that the water pipe on Drake and Shields Street, that has been out in the open for past two years, is going to be put underground, that Phil Riddell was the prime factor in getting this cleared up. Also that the Council authorize him to install an oversize water line to new high school, for fire protection. It is the understanding of the School District that the City of Fort Collins normally participates in the install- ation cost of over -size sewer and water mains. With this fact in mind we respectfully request that the City initiate the procedure that is necessary to purchase the 2411 and 1211 water pipe needed to service the new high school as soon as possible. The 241, would be installed along Shields Street between Drake Road and Swallow Road, and the 1211 would be installed along Swallow Road to the high school location. We have employed Mr. Jim Stewart to do the engineering work that is necessary for the installation and he would be able to determine the number of feet of each size pipe ` that would be needed. We are quite anxious to have the water line installed, and we feel that an early delivery of the pipe would expedite the installation procedure. The construction of the school is progressing to the point that adequate fire protection is very necessary. We would appreciate your serious consideration of this request. Ted Sessions Director of Property Services Motion was made by Councilman Fead, seconded by Councilwoman Preble, that the this water line be installed. Upon a roll call, all members of the Council voted in the affirmative. Approximately two years ago, developers in the vicinity of Drake Road and Shields Street requested water service. They were advised that according to the master plan it would be necessary to extend a 30 inch water main from its present location on Shields Street south to the centerline of Drake Road. On March 22, 1971, a letter was received from Fort Collins Springcreek Company advising that they intended to develop a unit develop- ment and would the City purchase the necessary material, with the City paying the difference between the total cost of a 6 inch line and the cost of installing a 30 inch line. This was answered on March 29, 1971, copies of both letters attached herewith, advising them that the City would be willing to participate on a flat 75 - 25 percent ratio and would enter into a repay agreement. Bids have now been received for the furnishing of all labor, equipment, and miscellaneous materials not furnished by the City. The bids are as follows: c Jack Henry Excavating Company C.P.L. Constructors, Inc. Gurwell Construction Company $47,419.00 $61,668.00 $61,862.20 The developers are now anxious to proceed with the construction of this line and I would recommend the Council's acceptance of Jack Henry Excavating Company as the low bidder and the approval of the 75 - 25 percent ratio participation on this line. Respectfully submitted, Charles Liquirt Director off Public Works 15�) 4., 197-2 Motion was made by Councilman Lopez, seconded by Councilwoman Preble, that a 30" water line be installed 6n.Shields from Prospect to Drake. Upon a roll call, all members of the Council voted in the affirmative. AGENDA ITEM 5G CONDEMNATION OF SMITH PROPERTY The City Manager stated that this land was appraised before negotiations were started, that Mr. b Mrs. Jake Smith refused to talk about. anything less than twice the City's offer of $21,887.00, which was $40,137.00. He said it is a 36 acre of land which adjoins the tree dump which is scheduled to be closed this spring. A park serving the north side of town is planned for the 53 acre, He said $23,000 was budgeted to develop the park, and that a federal grant of $18,250 has been received for purchase of the land. Councilman Lopez asked that an agreement to screen the railroad from the park be worked out. RESOLUTION OF THE COUNCIL OF THE CITY OF FORT COLLINS, CONCERNING THE ESTABLISHMENT OF A PARK AND AUTHOR.IZiNO THE ACQUI- SITION OF THE LANDS FOR SUCH PARK 6Y EMINENT DOMAIN. WHEREAS, in the opinion of the City Council it is necessary to establish a part; for the City, and &ERGAS, the location for the park to be established is more particularly described hereafter, and, WHEREAS, it has not been possible to negotiate a satisfactory agreement for the acquisition of .said property, and it appears that it will he necessary for the City of Fort Collins to acquire the same by eminent domain. NOW THEREFORE, 5E IT RESOLVED BY TPE COUNCIL OF THE CITY OF FORT COLLINS: 1. That the City Council hereby finds and deternineo that it is necessary and desirable that the City establish a public park on the land 'hereafter describcd, to serve the needs of the City of Port Collins and the residents thereof, and that City Council hereby resolves to acquire and establish such nark. 2. The City Council further finds that such park should be established on the f011Owi09 described property to wit: A tract of land Situated in the S 4 of Section and the :C '; of Section 11 of T 7 :N, R 69 W of the 6th P.M. Principal _Meridian, Lirimar Cavpty, Colorado, being more particularly dcscribed as follows: con_ider0 thO west line of the SE A of Section 2, T 7 N, R 69 W, as bearing N 000 11'00" E with all bearings contained herein relative thereto, beginning at a point an the Notthe.rly R.O.W. of tbo Proposed Port Collins Expressway which hears N 0011,00" E a distance of 509.01 ccet from the Southwest corner of the SE t, of said Section 2, thence S 50043113" E along said R.O.W. a distance of 1625.09 feet, thence along spiral curve to the left, the chord oO which bears 5 510 31137" E. a distance of 250.00 feet, t&ncc alone a 2714.79 foot radius curve to the left, the chord of which bears S590 S3117" E 627.37 feet, thence N 30053,01" W a distance of 36.61 feet, thence N 001140" E, a distance of 686.4n feet, thence N 89049,00" N a distanco of 225.00.feetthence N 00 11100" 15 a distance of 225,00 feet, thence N 84049100" W Fehruar_y 2_4-,19.72 a distance of 211.76 _'';;;,t, thence N 41039,001, N a distance of lil t.(! , ,'e,. 4n.;nco Pi 39049100" W, a distance of 200.00 feet, thence N 0011100" E, a distance of 630.23 feet to a point on the southerly bank o`. the Cache la Poudre River, thence continuing, along said southerly bank S 89017`45" W a distance of 102.72 feet, thence N 8900914S" 1"', a distance of 235.9S feet, thence S 70020145" 11 a distant^ of 83.47 feet, thence N 8304`'15" W a distance of 147.30 feet, thence N 70034130" W a distance of 124.03 feet, thence N 72022130" 14 a dista%ce of 129.43 feet, thence X 47037100" W a distance of 127.63 feet, thence H 32053'0011 ;q a distance of 125.95 feet, thence N 0.3046100" W a distance of 126.72 feet, thence S 27001'00" W a distance of 194.62 feet to a point on the v:cst line of the SE''.; of Section 2-7-69, thence 5 00011100" W a distance of 936.35 feet to the point of beginning. 3. The City Council further finds that in connection with such proposed park it will be necessary to acquire a right of way and easement for an access roa-:1 to and from said park, over and across lands described as follows: Beginning at a point which boars S 8Po,-,gl E 1.00.00 feet and again N 00011, E 100.00 feet from the NE corner of Block 65, City of Fort Collins, thence S 990491 E 128.85 feet, thence N 39016'47" E 425.85 feet, thence S 50043113" E 100.00 foot, thence S 39016147".11 344.S9 foot to the point of beginning. 4. The City Council hereby authorizes the acquisition of the above described park site and the right of way to provide access thereto by eminent domain, and authorizes the City Attorney to take such action as may be necessary to so z•cquiro sucl; land and right of way. i Karl E. Carson Mayor ATTEST: ls�yC ehn rRartal 1 Motion was made by Councilman Lopez, seconded by Councilwoman Preble, that this resolution be adopted. Upon a roll call, all members of the Council voted in the affirmative. AGENDA ITEM 5I OVERSIZE WATER MAIN Roy Bingman submitted a report on the City's participation in oversize water main in the vicinity of the Harmony School to a proposed trailer court. He said bids have been received for the installation of 2773 feet of 12" cast iron pipe and 7070 feet of 16 inch ductile iron pipe. That an ordinance stipulates that the City will pay 35% on an 18 inch line and for mains larger than 18", the participation is to be determined by the City Council. He said they had reviewed bids on large sewer mains and recommended participation on 21 inch to be 50% and on 24" to be 60%. He recommended that the Council approve the participation as recommended and approve the construction of both the sewer and water extensions as outlined. The City Attorney stated that according to the water ordinance, this complies with the City Ordinances of the City of Fort Collins. It was stated that every development has to be planned unit developments in Boulder. Mayor Carson asked if it would be possible for the City to require planned unit developments. Mr. Reynolds, the Planning Director, stated that tlis will have to be reviewed by the City, that the Planning Department controls development as much as possible. Councilman Lopez questioned the cost of water father out and to carry water there. ' Mr. Bingman said there no additional charge for delivery, just for larger lines. The quality of. water in -this vicinity was broughtup. Mr. Bingman said that more clorine would be used so that there no health problem, that they have a system to put this in farther°��_,ather than in all the pipe. After discussion, motion was made by Councilman Fead, seconded by Councilman Peterson, to approve and authorize the Administration to proceed. Upon a roll call, all members of the Council voted in the affirmative. 18(. 24. 1972 AGENDA ITEM 5J BIDS - TRIPLEX GREENSMOWER FOR COLLINDALE GOLF COURSE Summary: Barteldes Seed Company $ 3,184.00 Boyd Distributing Company 3,002.00 Golf Carts, Inc. 3,695.00 Mr. H. R. Phillips, Director of Parks & Recreation, has evaluated the bids and all speci- fications have been met by the low bidder. The recommendation is that Boyd Distributing Com- pany be awarded the contract in the amount of $3,002.00. Respectfully submitted, /s/ E. M. Kuppinger Purchasing agent. Motion was made by Councilman Lopez, seconded by Councilwoman Preble, that the recommendation of the Purchasing agent be approved. Upon a roll call, all members of the Council voted in the affirmative. AGENDA ITEM 5K BIDS - OFFICE EQUIPMENT Summary: Kistler Kwill $ 1,535.81 Office Consultants 1,062.96 John's Office Equipment 1,020.00 A complete bid tally of all bids received is attached. Mr. Harvey Bloom, Director of General Services and Mr. Ed Kuppinger, Purchasing Agent; as well as the various requisitioners have evaluated the bids. There is only one item of fur- niture in which the recommendation is being suggested for the second lowest bidder. That item is for typewriter stands. A note indicating the reason"for rejection is included on the tally sheet. The recommendation is that the bids be awarded in the amounts as shown above. Motion was made by Councilman Fead, of the Purchasing Agent be approved in the affirmative. AGENDA ITEM 5L BIDS - PAD MOUNT TRANSFORMERS SUMMARY: Respectfully submitted, /s/ E. M. Kuppinger Purchasing Agent seconded by Councilman Peterson, that the recommendation Upon a roll call, all members of the Council voted MSI Industries RTE Corporation Niagara Transformer Corp, McGraw -Edison Company Standard Transformer Corp. Central Maloney Transformer Corp, 150 KVA Transformers $11,945.00 8,565.00 11,380.00 10,760.00 10,905.00 9,4S0.00 A complete bid tally of all bids received is attached. 300 KVA Transformer $3,013.00 2,557.00 2,400.00 3,117.00 2,649.00 2,267.00 Mr. John St. John, Associate Electrical Engineer has evaluated the bids. In the instance of the 150 KVA Transformers all specifications have been met by the low bidder. Central Maloney Corporation has not met the specif- ications as set forth for the 300 KVA Transformers. In addition they make an additional $1,200.00 charge for performing tests as required by the specifications. This adder puts Central Maloney well above all other bidders when total costs are considered. A copy of Mr. John St. John's recommendation is attached. Based upon his letter, the recommendation is that an award be made to R.T.E. Corporation for $8,565.00 and that an award be made to Niagara Transformer•Corporation in the amount of $2,400.00, 189 February 24, 1972 u - -- Respectfully submitted, /S/, E. M. Kuppinger Purchasing -Agent Motion was made by Councilman Peterson, seconded by Councilwoman Preble, that the recommenda- tion of the Purchasing Agent be approved. Upon a roll call, allmembers of the Council voted in the affirmative. AGENDA ITEM 5M s - FOOTBALL PANTS A summary of the bids are as follows: Pair Extension Metro Sporting Goods $7.25 $2,175.00 Sargent Sport Shop 8.45 2,535.00 B 4 K Sporting Goods 6.35 1,905.00 B 4 H Sporting Goods 7.52 2,256.00 A COMPLETE BID TALLY OP ALL BIDS RECEIVED IS ATTACHED, The difference between the low bid of B & K Sporting Goods of $1,905.00 and that of Metro Sporting Goods of.$2,175,00 amounts to $270.00. Mr. Wes Sargent, Recreation Superintendent has evaluated the bids and a copy of his letter of recommendation is attached, based on Mr. Sargent's letter of recommendation it is suggested that the award be made to Metro Sporting Goods in the amount of $2,175.00. Respectfully submitted, E. M. Kuppin er Purchasing Agent Motion was made by Councilman Peterson, seconded by Councilwoman Preble, that the recommenda- tion of the Purchasing Agent be approved. Upon a roll call, all members of the Council voted in the affirmative. AGENDA ITEM 5N - Deleted AGENDA ITEM 50 - BIDS FOR 18000 US CABLE Summary: Mr. John St. John, Associate Electrical Engineer, has evaluated the bids and all specifi- cations have been met by the low bidder. The recommendation is that General Cable Corpora- tion be awarded the contract in the amount of $5,940.00. Respectfully submitted, /s/ E. M. Kuppinger Purchasing Agent Motion was made by Councilwoman Preble, seconded by Councilman Lopez, that the recommendation of the Purchasing Agent be approved. Upon a roll call, all members of the Council voted in the affirmative. AGENDA ITEM 5P SUBDIVISION UNIT DEVELOPMENT PLAN LAKE SHERWOOD THIRD FILING After discussion regarding streets, density, etc., motion was made by Councilman Fead, seconded by Councilman Lopez, that this unit development be approved. Upon a roll call, all members of the Council voted in the affirmative. 190 February 24. 1972 a Mr. Stan Case, Director of Utilities, was present and gave'progress report on the Fiber Glass Vaults, stating that Bob Kost had been to Washington to the patent examiner, and the vaults will be on display at Anaheim, California, and it was his,opinion that this will be accepted and the City will realize some benefits from COMMUNICATION: FROM: Lincoln Jr. High Committee Dr. Robert Pike, Chairman SUBJECT: Phase I Report on Lincoln Junior High School The committee studying the feasibility of using Lincoln Junior High School for community use, makes the following recommendations: 1. Accept the Structural Engineer's report on - a. The older building b. The newer section, which includes the gym, auditorium and library addition. 2. Proceed immediately with Phase II. The Feasibility of Lincoln Junior High School, as related to use. (Schlupp- Ferguson and Associates - Denver, Colorado) The committee will reserve its final recommendations on community use until Phase II is completed. gf-- 'Robert/Pike Chairman This was delayed until the preliminary report is received. Mr. H. R. Phillips was present and stated that there were some problems with the older part of the building, that there was no urgency and would be 1975 before this would be built. Councilman Fead said this letter of Dr. Pike be received and acknowledged and wait for the report. COMMUNICATION Dear Mayor Carson: It is with regret that I learned of the announcement of Mr. Coffey's retirement plans. It is obvious that everyone must retire sometime and March, 1973 seems a logical date within a time span of two years from today, but the pressures that caused the announce- ment are the regrettable feature. I have been concerned about the attitude of some members of the public regarding establishment of a mandatory retirement age for the city manager. I do not feel that such action is either necessary or desirable, but I do think that the whole subject of mandatory retirement age as it affects any city employee should be re-examined. As you will remember, retirement at the age of 65 was not a widely accepted public policy prior to the depression. During and just after the depression, and coincident with the establishment of the Social Security program, many public and private employers adopted a mandatory retirement policy because during those years it was important that young men with families be provided employ- ment. Those reasons are no longer applicable; more and more we face a shortage of skilled and experienced people at all levels. As you are aware, the city's personnel rules provide some leeway for the temporary retention of employees who are covered by such rules, and generally there are in the city's employ some people who are past the normal retirement age. As you are also aware, the city's pension plan provides for retirement within a period if years and not at a specific time. I would suggest, if the subject must be considered at this time, that the council recommend further liberalization of its present personnel rules to permit early retirement for those people who have suffered premature Aging and to permit continued eMployment for those who still have some years of service; iiiifl . V t• .. s . ' F' benefit to themselves and to the city, even though chronologically they may have reached the age at which Social Security would permit them to retire. Specifically, I think it would be a mistake so long as we have the council-manager form of government to provide any restric- tions on the council's employment arrangements with the city manager or other council appointees. Very truly yours, As As tant The City Rs orney advised the Council that there was a 56 foot strip from the original plat of the City, that there was a house on this area and recommended that the City file a street vacation. Motion was made by Councilman Peterson, seconded by Councilman Fead, that the City Attorney be authorized to proceed in this matter. Upon a roll call, all members of the Council voted in the affirmative. This plat is from 1910. The .Assistant City Attorney stated that Boulder issued a recreational tax on the University on all sporting events. He said he had a copy of the courts ruling and would like to appear as friend of the court, that this needs a final ruling. Motion was made by Councilman Fead, seconded by Councilman Lopez, that the City Attorney be authorized to participate in this matter. Upon a roll call, all members of the Council voted in the affirmative. The Assistant City Attorney said he had a ruling from the Board of Appeals on the water ordinance on the unit rate which had gone to court, and the decision was in his favor, stating that "he had won one". Councilman Fead said he had presented a copy of the proposed Larimer Weld Regional Planning Commission and vote was encouraged on this. Councilman Fead said he anticipated C.S.U. students to submit petitions for a special election regarding eligibility requirements for City Council positions and instructed the City Attorney to prepare a proposed Charter calling for a candidate to be 21 years of age and to have been a resident of the City for at least two years prior to running for office, and to have voted in the last City election. Councilman Fead said that until the State Legislature lowers the legal age of responsibility from 21 years, the Council has a legal requirement to interpret the age requirements for office holders. He said these requirements would show that young candidates have some interest in local affairs. He said that most Freshman and Sophmores do My2enough time to devote to studies and might flunk out of school if caught up in the duties of Council. Councilman Lopez said the proposed change in the Charter would make it possible for students to take their rightful place and interest in City government. Mayor Carson said he concured with Councilman Fead, that the young people should be encouraged to take part in our government, that the experience they get would help then as they move up. After discussion, motion was made by Councilman Fead, seconded by Councilman Lopez, that the City Attorney be instructed to prepare the necessary Charter amendment. Upon a roll call, all members of the Council voted in the affirmative. It was questioned what the City's interest is on the piece of ground on the North College treatment plant, if it was owned by the City. The Assistant City Attorney stated that until the bonds are paid, it does not belong to the City. It was stated that people have volunteered to clean this land up and use for recreational area. ADJOURNMENT: Motion was made by Councilman Peterson, seconded by Councilman Fead, that the Council adjourn. Upon a roll call, all members of the Council voted in �the affirmative and the Council adjourned. ATTEST: �tzr City Cler