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HomeMy WebLinkAboutMINUTES-07/20/1972-Regularl917 MINUTES OF MEETING July 20, 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, July 20, 1972. Present: Councilmen Carson, Lopez, Preble, Peterson and Fead. Also: Mike DiTullio, Acting City Manager Arthur A. March, Sr., City Attorney Charles Liquin, Director of Public Works Don Raynolds, Planning Director Charlie Cain, Director of Finance Verna Lewis, City Clerk Mayor Carson presided. DISPENSING OF MINUTES: Motion was made by Councilman Lopez, seconded by Councilman Preble, that the reading of the minutes of the last regular meeting held July 13, 1972, be dispensed with. Upon a roll call, all members of the Council voted in the affirmative. Mayor Carson declared the Council now acting as a Liquor Licensing Authority. AGENDA ITEM 2A Hearing on Paxton's Pub, 2626 South College Avenue: y Mayor Carson read at length the rules and regulations of the procedure of the Liquor Licensing Authority. Attorney William H. Allen represented the application. Charles Ortom was sworn in by the court recorder and gave oral testimony as to his 1 background and character. It was stated he was owner of 98% of the Corporation. Attorney Allen presented Exhibit B, which was the menu , which was properly marked by Court recorder, as were all other exhibits and presented to the Authority. It was established that food service was to the main operation of this restaurant. Exhibits C and D; photographs of similar interiors, as proposed for this establishment, were submitted. Bill Tiley, 115 West Pitkin Street, owner of the property, was sworn in for testimony Jby the Court recorder. Oral testimony by Mr. Tiley was given on the construction (triple construction) theme, size of parking area and petitions. Exhibit F were plans for Paxton's Pub; exhibit E, Unit Development Plan, and Exhibit A, petitions in support of the applicationwere submitted, (57 signatures on petition). Mayor Carson requested information on the exact number of parking spaces and was advised that the Unit Development Plan provided 72 parking spaces. Attorney Allen, in closing, requested favorable consideration of the application. No further questions were asked the applicants or Attorneys by the Council. No opposition had been received to this application. Mayor Carson advised the applicants this matter would be taken under advisement and notification given in due time. He declared the hearing concluded and now sitting as Council. AGENDA ITEM 3A ORDINANCE NO. 38, 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 SPRINGER FARM FIRST ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO Motion was made by Councilman Lopez, seconded by Councilman Preble, that Ordinance No. 38, 1972, be adopted. Upon a roll call, all members of the Council voted in the affirmative. AGENDA ITEM 3B ORDINANCE NO. 40, 1972 BEING AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE CITY OF FORT COLLINS, COL ORAD0 This area was shown on the overhead projector and explained again by Director of Planning Donald Reynolds. His oral testimony stressed the petitioner for this annexation, Don Pavel was anxious to have his land become part of any greenbelt area, that he would not be building in the flood plain, and that we would set aside land for a greenbelt area. Mr. Reynolds, at the request of Councilman Lopez, outlined on the screen the Cit adjacent to this annexation. y owned property i Motion was made by Councilman Lopez, seconded by Councilman Peterson, that Ordinance No. 40, 1972, be adopted. Upon a roll call, all members of the Council voted in the affirma- tive with the exception of Councilman Fead, who abstained from voting. 88 a July 20, 1972 AGENDA ITEM 3C ORDINANCE NO. 47, 1972 BEING AN ORDINANCE DETERMINING THAT THE CONSTRUCTION OF SEWER MAINS FOR THE SEWER UTILITY OF THE CITY DURING THE YEAR 1972 WAS AN UNFORESEEN CONTINGENCY ARISING AFTER THE PASSAGE OF THE ANNUAL APPROPRIATION ORDINANCE AND APPROPRIATING THE SUM .OF $166,500.00 FOR THE PURPOSE OF PAYING THE CITY'S SHARE OF THE COST OF CONSTRUCTING SUCH SEWER MAINS Attorney Ray Greer, representing hilmself and others, requested information of circiumstances and location of these sewer mains leading to this appropriation. Oral testimony by Charles Liquin in the above prompted Attorney Greer to speak in opposition to mid -year budget appropriations. Public Works Director Charles Liquin further explained the City was obligated by ordinance to participate in oversizing. Mayor Carson further advised this was not uncom- mon transaction and that this sewer main will not serve just one developer but a large area in the City, that the Council had reviewed recommendations on this from the Water Board and that this matter had been before the public many times. Acting City Manager Michael DiTullio stated this kind of participation in oversizing gave the City better control of growing areas. Public Works Director Charles Liquin elabor- ated on this subject, saying the Warren Shores Annexation now made the Golf Course eligible for annexation and he had been advised only this noon by Bill Tiley, who is the owner of about 40 acres, is also anxious to annex. Councilman Lopez asked if these statements were in writing, was advised 1. they were not, but they would be obtained. Attorney Greer stated his objection was not to the land development, although we all would like to stop growth, but that he felt the Council was not exercising responsible budget- ing. Mayor Carson took exception to the charge of irresponsible budgeting and again stated the Council had the advice of the Water Board. Councilman Fead stated notice was given the public at the time these extensions were approvedand with the inflation problems, to postpone this item for one year would cost the City more money. Motion was made by Councilman Fead, seconded by Councilman Lopez, that Ordinance No. 47, 1972, be adopted. Upon a roll call, all members of the Council voted in the affirmati- "C�ive. AGENDA ITEM 3D ORDINANCE NO. 48, 1972 APPROVING THE ACQUISITION OF CERTAIN: WATER RIGHTS, DETERMINING THAT THE AVAILABILITY OF SUCH WATER RIGHTS IS AN UNFORESEEN CONTINGENCY ARISING AFTER THE PASSAGE OF THE ANNUAL APPRO= PRIATIONS..- ORDINANCE AND APPROPRIATING THE SUM OF $91,250.00 FOR THE PURPOSE OF PURCHASING SUCH WATER RIGHTS. Motion was made by Councilman Preble, seconded by Councilman Peterson., that Ordinance No. 48, 1972, be adopted. Upon a roll call, all members of the Councilvoted in the affirmative, AGENDA ITEM 4A ORDINANCE NO. 49, 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 LINDEN STREET TECH CENTER ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO Motion was made by Councilman Peterson, seconded by Councilman Preble, that Ordinance No. 49, 1972, be considered favorably on first reading and ordered published this 20th day of July, 1972, and presented for final passage on the loth day of August, 1972. Upon a roll call, all members of the Council voted in the affirmative, WITH THE exception of Councilman Fead who abstained from voting AGENDA ITEM SA BIDS - CONCRETE FOR LIGHT 4 POWER DEPT. SUMMARY: Flatiron Materials Co. Poudre Pre -Mix Adams Transit Mix Concrete per yd 15.00 15.30 225 yds. Total Bid $ 3.375.00 3,442.50 Did not respind to Bid Invitation Mr. John St. John, Associate Electrical Engineer, has evaluated the bids. Based upon Mr. John St. John's letter, the recommendation is that Flatiron Materials Co. be awarded the contract in the amount of $3,375.00 Respectfully submitted, /s/ E. M. Kuppinger Purchasing agent Motion was made by Councilman Lopez, seconded by Councilman Fead, that the recommendation of the Purchasing Agent be approved. Upon a roll call, all members of the Council voted in �ih iMifi:a`•�•�• ,o,9 ;1 '0'.'Nuj\ i*l LM 53 BIDS - 40,000 FEET OF U.G. CABLE, 600 V 1/0 TRIPLEX A I Summary: 9.7.2 Mr. John St. John, Associate Electrical Engineer, has evaluated the bids. The recommendation is that Essex International, Inc., be awarded the contract in the amount of $8,080.00. Respectfully submitted, /s/ E. M. Kuppinger Purchasing Agent Motion was made by Councilman Fead, seconded by Councilman Peterson, that the recommendation of the Purchasing Agent be approved. Upon a roll call, all members of the Council voted in the affirmative. AGENDA ITEM SC BIDS - 30,000 ' OVERHEAD CONDUCTOR Mr. John St. John, Associate Electrical Engineer, has evaluated the bids. The recommendation is that Alcan Cable be awarded the contract in the amount of $2,988.00. Respectfully .submitted, /s/ E. M. Kuppinger Purchasing Agent Motion was made by Councilman 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 5D BIDS - NEW SIDEWALK IMPROVEMENT DISTRICT Bids have been received by E.M. Kuppinger, City Purchasing Agent, for the construction of sidewalk, curb and gutter for the New Sidewalk Improvement District. The bids received are as follows: 1. Concrete Construction S Placing, Inc. a. 4 inch sidewalk $0.92 per sq.ft. b. 6 inch curb and gutter $3.25 per lin.ft. c. Total bid $14,612.50 2. D.D.L. Concrete Specialists, Inc. a. 4 inch sidewalk $1.00 per sq.ft. b. 6 inch curb and gutter $3.75 per lin.ft. c. 'Total bid $16,000.00 3. Kiefer Concrete, Inc. a. 4 inch sidewalk $1.22 per sq.ft. b. 6 inch curb and gutter $4.00 per lin.ft. c. Total bid $19,200.00 4. F. 6 F. Concrete Construction a. 4 inch sidewalk . $1.25 per sq.ft. b. 6 inch curb and gutter $4.00 per lin.ft. c. Total bid $19,650.00 The estimated costs for the Improvement District as presented in the report to Council and adopted by the Council are: 1. 4 foot wide sidewalk $3.75 per lin.ft. 2. Sidewalk with curb and gutter $6.75 per lin.ft. Based on the low bids, the construction costs would be respectively: 1. 4 foot wide sidewalk $3.68 per lin.ft. 2. Sidewalk with curb and Butter $6.93 ner lin.ft. The low bid prices are within the Ordinance limitations of 5 percent allowable over the estimate. I, therefore, recommend award of the New Sidewalk contract to Concrete Construction 6 Placing, Inc. at the unit prices bid. Respectfully submitted, R. A. ingman Ci Yv F.noinnor i 0-0 July 20, 1972 Motion was made by Councilman Peterson, seconded by Councilman Preble, that the recommendation of the City Engineer be approved. Upon a roll call, all members of the Council voted in the affirmative. AGENDA ITEM SE - Deleted. AGENDA ITEM SF SITE AC.UISITION FOR STATION 400 Stan Case, Director of Utilities, reviewed for the Council fact pertinent to the 100 MVA power receiving substation and then requested Tim Sagen to conclude this presentation. Mr. Sagen, Electrical Engineer, for the Light and Power Department, outlined the alternate sites considered and problems contained at these alternate sites which were conducted in a comprehensive study of site alternatives which was begun in April 1971. He then stated the CSU site is still the most desirable because of proximity to the existing bureau lines, road access, size to accommodate expansion, compatibility toeexisting developments, terrain, soil conditions, etc. dr. Sagen advised the Council his department had first approached the C.S.U. Physical Plant, then the Administration with their proposal to purchase this site. The C.S.U. Administration, subsequent to the City's April 28th proposal, submitted a letter from President Chamberlain addressed to City Manager Tom Coffey, dated May 10, stating that C.S.U. was not willing to sell. Mr. Sagen then stated his department had no choice but to recommend the Council again try to acquire this site and if this were not possible, that the City's Attorney advise them on procedures for condemnation. A chart of the Fort Collins power demands in megawatts was presented in the form of a slide for the benefit of the gallery by Mr. Sagen and he outlined the critical load line, emphasizing the importance of the construction schedule. Councilman Preble questioned the reasons given by the C.S.U. Administration for the refusal to sell. Stan Case advised the Council it was his understanding,that C.S.U. wanted to leave this as a green area. Mayor Carson asked what the alternatives were if this area could not be negotiated' and was advised at length with the problems (i.e. site sloping severely to the..north, irrigation seepage from canal, and watering system necessity to continual seepage, elevation necessi- tating fill and location also would require high tension lines passing over station, compli- cating the movement of heavy bulky equipment onto the site) on the Conley site. Stan Case further advised the Council that any alternate site would be more costly. After further discussion, it was the concensus of opinion of the Council that they instruct the Administration to try again to re -negotiate with the C.S.U. Administration and if this did not prove fruitful, that a meeting of the Council and City Administration be requested with the State Board of Agriculture. Mr. Sagen requested the Council's recommendation on the agreement entered into on the Conley site which expires August 13, 1972, and was advised to handle it in a regular manner as it ordinarily would be handled. His second request on a Resolution from the Council on condemnation met with a no approval. ITEM (Added.) STREET DEDICATION MA SONVIEW First Foothills Parkway by Fischer and Collopy. In the past these streets were dedicated to the public, recorded with the County, and the City had no record. It has now been agreed that the County will not record any street dedications without Council approval. It is further understood that this dedication be accepted with the express understanding that it does not take the place of a Planned Unit Development Plan. Councilman Lopez asked if the request was to provide proper planning on.Highway 287. He was advised that this was corrected by Donald Reynolds, Director of Planning, who had provided the above oral testimony. Motion was made by Councilman Lopez, to accept the street dedication as recommended, in that it does not prejudice the City from requiring utilities and street improvements. This was seconded by Councilman Preble. Upon a roll call, all members of the Council voted in the affirmative. Mr. Harold Jensen, owner of Poudre Sales $ Service, registered a complaint on the DMA carnival location, stating it had cost him a loss of $500.00 a day because he was not con- tacted of this location and access to his business was blocked. He further stated he had no relief offered him from the DMA but did receive response from Acting City Manager Mike DiTullio. The second person to appear on the agenda was Mr. Harold Hanley, Manager of the Target Store, who requested Council's consideration on obtaining a median cut to provide access to north bound traffic in front of the Target Store. Mr. Hanley stated he has had conversation with the Director of Planning, City Engineer and with the Acting City Manager. He further stated that perhaps the answer to this problem would be to provide stoplights and stated he is willing to share in the expense of these. C)l 20, 1972 No, action was taken on his request at this time The Manager of Rogers Plumbing, representing the firm and also Graham's Heating and Sheet Metal Shop and Vern's Auto Upholstery, registered their collective complaint on the DMA carnival blocking access to their businesses, causing loss in their income and also protesting the environmental, health and safety factors. Mayor Carson expressed his regret for problems caused and instructed the Administration to look into the charges. Stan Case, Director of Utilities, presented the Council a photostat copy of a refund check of $1,457.02 on the gas bill from the Western Slope Gas Company. This refund was the result of action taken by the Federal Power Commission. Acting City Manager Mike DiTullio provided the following items of information: 1. The amendment to the Parkland Fee report should appear on the Agenda for the August 3, 1972 night meeting. 2. Also the Ordinance relative to parking cars on private property. 3. Buckingham Street Improvement District problems. 4. He reported another meeting has been set with the citizens on Street Improvement No. 65, before the Ordinance introduction on July 27, 1972. S. Report from the Parks and Recreation Department on Buckingham Park. 6. Requested guidance on working with Colorado and Southern relative to railroad crossings. ADJOURNMENT Motion was made by Councilman Fead, seconded by Council Preble, that the Council adjourn. Upon a roll call, all members of the Council voted in the affirmative and the Council adjourned. r�_� Mayor ATTEST: ty Clerk