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HomeMy WebLinkAboutMINUTES-02/19/1970-Regular9 o'.. MINUTES OF A. REGULAR MEETING OF THE COUNCIL OF THE CITY OF FORT_ 4 COLLINS, Held Thursday, February 19, 1970, at 1:30 o'clock P.M. i Present: Councilmen Carson, Troxell, Kissock and Kruchten. City I Manager Coffey, Assistant City Attorney March and City Engineer Roy Bingman. Absent: Councilman Lopez, excused. Motion was made by Councilman Kissock, seconded by Councilman Kruchten,', that the reading of the minutes of the last regular meeting held February 12, 19Q0, be dispensed with. Roll was called resulting asfollows: Ayes: Councilmen! Carson, Troxell, Kissock and Kruchten. Absent: Councilman Lopez, excused. Nayes: None. The Mayor declared the motion adopted. The consideration of a lease for the renting of space to move the Municipal Court Room to the County Courthouse, was presented. Motion was made by Councilman Kissock, seconded by Councilman Troxell, that this matter be tabled for one week. Roll was called resulting as follows: e yes: Councilmen Carson, Troxell, Kissock and Kruchten. Absent: Councilman Lopez, excused. Nayes: None. The Mayor declared tYa motion adopted. i The City Attorney advised the Council that the original low bidder on the of Al Johnson Construction Co., approved by Council February 5, 1970, Taft Associates Sewer Line, had withdrawn his bid because of an errer in pre- paring the bid. He stated that time to accept has lapsed and suggested. the bid be revoked. -and felt the mistake in bidding was simple negligence,,that the bid bond may be cancelled and it is his recommendation that the second low bidder be awarded the contract. Motion was made by Councilman Kissock, seconded by Councilman Kruchten, that the Johnson bid be referred to the City Attorney for study and submit a report to the Council on the final decision. Roll was called resulting as follows:. Ayes, Councilmen Carson, Troxell, Kissock and Kruchten. Absent: Councilman Lopez, excused. Nayes: None. The Mayor declared the motion adopted. The second low bid being $200,496.00, motion was made.by Councilman Kruchten, seconded by Councilman Troxell, that the contract be awarded the Colorado Pipe Lines, Inc. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Kissock and Kruchten.. Absent: Councilmen Lopez, excused. Nayes: None. The Mayor declared the motion adopted. The following petition was presented and read at length: PETITION OF A PROPERTY OWNER FOR THE ORGANIZATION OF AN IMPROVEMENT DISTRICT FOR THE CONSTR UCTION OF A WATER MAIN IN Riverside Drive, from McHugh Street, south past Prospect Street to the south line of the proposed Edora Acres Subdivisinn. WITHIN THE CITY OF FORT COLLINS, COLORADO To the Honorable City Council of the City'of Fort Collins: 78 Gentlemen: The undersigned petitioner being the owner of property within the City of Fort Collins at East Prospect Street and Riverside Drive, known as Edora Acres Subdivision, respectfully petitions the City Council to institute the nec- essary proceedings for the organization of an improvement district for the construction of the above described water line under the provisions of Ordi- nance No. 32, 1961, as amended, relating to local public improvements. 2-16-80 /s/ ?isurice L. Deines Petitioner /s/ Mildred F. Hillesteim ` Petioner Ass't Sec, STATE OF COLORADO) ) as." COUNTY OF LARIMER) The foregoing instrument was acknowledged before me this 16th day of February, 1970, by Maurice L. Deines and Mildred F. Hillesteim. for the purposes therein set forth. My commission expires 10-11-71. /s/ L. R. Julch Notary Public Motion was made by Councilman Troxell, seconded by Councilman Kruchten, that this petition be referred to the City Attorney for processing. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Kissock and Kruchten. Absent: Councilman Lopez, excused. Nayes: None. The Mayor declared the motion adopted. The following bid was presented and read at length: February 17, 1970 TO: Honorable Mayor and Councilmen THROUGH: Mr. Tom Coffey, City Manager FROM: Mr. Ed Kuppinger, Purchasing Agent SUBJECT: Forklift Bids Bids have been received andevaluated, covering consideration -for purchase of One (1) 4000 lb. capacity Forklift. The forklift is to be used primarily by the Service Center for arranging transformers, poles and pipe. Mr. Stan Case and Mr. Harvey Bloom have evaluated the bids. The bid which met specifications was submitted by Hurley Material Handling in the amount of $8,610.00. Based on the attached letter of justification from Mr. Harvey Bloom, the recommendation is that the bid of Hurley Material Handling be accepted. Respectfully submitted, /s/ E. M. Kuppinger Purchasing Agent I 1 T 11 seconded b Councilman'Kissock, Motion was made by Counci man roxe y that the recommendation d' the Purchasing Agent be accepted and bhe bid be award-- ed to.Hurley Material Handling. Roll was called resulting as follows: Councilmen Carson, Troxell, Kissock and Kruchten. Abaent: Councilman Lopez, excused. Nayes; None. The Mayor declared the motion adopted The following bid was presented and read at length: February 18, 1970 TO: Honorable Mayor and Councilmen THROUGH: Mr. Tom Coffey, City Manager FROM: Mr. E. M. Kuppinger, Purchasing Agent SUBJECT: Butterfly Valve Bid Bids have been received.and evaluated covering consideration for purchase of: One (1) 24" Butterfly Valve and One (1) 30" Butterfly Valve. Valves are to be used by the Water and Sewer Department. i A summary of the bids are as follows: 2411 30" Industrial Materials Company $1,570.00 $2,800.00 Hank Thurston Company No Bid No Bid Ted Miller Associates 1,905.00 2,859.00 Mr. Ed Hilgenberg has evaluated the bids and all specifications have been met by the low bidder. The recommendation is that Industrial Materials be awarded the contract in the amount of $4,370.00., Respectfully submitted,_ /sl E. M. Kuppinger Purchasing Agent Motion was made by Councilman Kissock, seconded by Councilman Kruchten, that the recommendation of the Purchasing Agent be accepted and the bid be awarde to the low bidder. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Si.ssock and Kruchten. Absent: Councilman Lopez, excused. Nayes: None. The Mayor declared the motion adopted. The following bids were presented and read at length: February 18, 1970 TO: Honorable Mayor and Councilmen THROUGH: Mr. Tom Coffey, City Manager FROM: Mr. E. M. Kuppinger, Purchasing Agent SUBJECT: Cable Bids Bids have been received and evaluated covering consideration for purchase of: 10,000 ft of 600 Volt Triplex and 10,000 ft. of $6201 AAC OH. To be used by the Light and Power Crews. A,summary of the bids are as follows: 600 V Triplex #6 01 AAC OH Alcan Cable —$-3 0.00 11 0.00 Alcoa Conductor 4380.00:. 872.90 Anaconda Wire :& Cable 4061.90 No Bid General Cable Corp 3746.20 860.00 Graybar Electric 4000.00 No Bid Rome Cable Corp. 4100.00 No Bid Mr. Robert Kost, Dect:ireal Engineer has evaluated the bids and all specifications have been met by the low bidder. Cable be awarded recommendation is that General Cable Corporation and Alcan the contract in the amount of $860.00 and $3550.00. Respectfully submitted, /.s/ E. M. Kuppinger Purchasing Agent Motion was made by Councilman Kruchten, seconded by Councilman Kissock, that the recommendation of the Purchasing Agent be accepted and the low bid be approved. Roll was called resulting as follows: Ayes: Councilmen ,Carson, Troxell, Kissock and Kruchten. Absent: Councilman Lopez, excused. Nayes: None. The Mayor declared the motion adopted. The following bids were presented and read at length: February 18, 1970 TO: Honorable Mayor and Councilmen i THROUGH: Mr. Tom Coffey, City Manager FROM: Mr. E. M. Kuppinger, Purchasing Agent SUBJECT: Fire Hose Bids Bids have been received and evaluated covering consideration for purchase of, 20001 of 2�*" Fire Hose to be used for the Fire Department. A summary of the bids are as follows: American La France Fire Protection $1.20/ft (With Couplings)$2400.00 Industrial & Contractors Supply Co. 1.14/ft (does not include $2240.00 couplings) 2840.00 Includes Coupling .40 ea: 4.65Ma' 9.35 FemalE Fort Collins Fire Control No Bid Mr. Ed Yonker, Fire Chief, has evaluated the bids and all specifications have been met by the low bidder. .The recommendation is that American La France Fire Protection be awarded the contract in theamount.of $2400.00. Respectfully submitted, /s/E. M. Kuppinger Purchasing Agent. After, discussion and explanation by the Purchasing Agent concerning the, cost of the couplings by the other bidder, motion was made by Councilman Kruchter.' seconded by Councilman Troxell, that the bid of American LaFrance Fire Protec- tion be approved as recommended by the Purchas3ngAgent. Roll was called re- sulting as follows: Ayes: Councilmen Carson, Troxell, 'Kissock and Kruchten. Absent: Councilman Lopez, excused. Nayes: None. The Mayor declared the motion adopted. %he following resolution was presented and read at length: RESOLUTION 70-24 OF THE COUNCIL OF THE CITY OF FORT COLLINS CONCERNING AN APPLICATION FOR A CLASS B LICENSE TO SELL NON -INTOXICATING MALT LIQUOR AND SETTING FORTH THE FINDINGS OF THE CITY COUNCIL ON SAID APPLICATION The application of Southland Corporation for a license for the sale of non -intoxicating malt liquor for consumption off the premises in accordance with Chapter 2 of the Code of Ordinances of the City of Fort Collins, Colorado, a 1958, as amended,, came :on for hearing on February 5, 1970, before the City Council; and the -City Council, having heard thetestimony and received the evid- ence adduced upon said hearing, and having considered and weighed the same, and beingfamiliar with the neighborhood for which the license is sought,,now makes the following findings: l.. The license sought by the applicant is for the location at 216 West Prospect Street, Fort Collins, Colorado;'.said location being the present location of a retail grocery store, and the license being sought in conjunction with such grocery store operation. 2. The testimony and petitions presented by the applicant indicate to the Council that the needs of the neighborhood require the issuance of the license applied for and the desires of the inhabitants .of the neighborhood require the issuance of the license. IT IS, THEREFORE, the opinion and finding of the City Council that: A. The inhabitants of the neghborhood desire that the license be granted. B. The needs of the neighborhood require the granting. of the: license applied for. C. It is, therefore, the determination of the City Council that the license should be granted. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the application of Southland Corporation for a Class B license to sell non -intoxicating malt liquor off the premises be and the same hereby is granted. Passed and adopted at a regular meeting of the City Council held this 19th day of February, A. D. 1970. /sl Karl E. Carson Mayor ATTEST: /sl John Bartel City Clerk After discussion, motion was made by Councilman Kissock, seconded by Councilman Kruchten, that this resolution be adopted. Roll was called resulting as follows: Ayes: Councilmen Carson, Kissock,and Kruchten. Absent: Councilman Lopez, excused. Nayes: Councilman Troxell. The Mayor declared the motion adopted. The following resolution was presented and read at length: v RESOLUTION J J OF THE COUNCIL OF THE CITY OF FORT COLLINS CONCERNING AN APPLICATION FOR A CLASS C LICE14SE TO SELL NON -INTOXICATING MALT•LIQUOR AND SETTING FORTH THE, FINDINGS OF THE CITY COUNCIL ON SAID APPLICATION The application of La Sierra Restaurant for a license for the sale of non -intoxicating malt liquor for consumption on and off the premises in accordance with Chapter 2 of the Code of Ordinances of the .City of Fort Collins,, Colorado, 1958, as amended, came on.for hearing on February 5, 1970, before theCityCouncil; and the City Council, having heard the testimony Wnd receive the evidence adduced upon said hearing, and having considered and weighed the same, and being familiar with the neighborhood for whidh the license is sought, now makes the following findings. 1. The license "sought by the applicant is for a location at 220 East Mountain Avenue, in the downtown business district of Fort Collins, andsaid location is presently operated as a restaurant, and the license is sought in conjunction with such operation. 2. The testimony and petitions presented by the applicant indicate to the Council -that the inhabitants of the. neighborhood desire that the license: be granted, and the needs of the neighborhood require the granting of the license applied for. IT IS, THEREFORE, 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 granting of the license applied for. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS thyt the application of La Sierra Restaurant for a Class C license to sell non -intoxicating malt liquor on and off the premises be and the same is hereby granted. Passed and adopted at a regular meeting of the City Council held this:.19th day of February, A. D. 1970 /s/ Karl E. Carson Mayo r ATTEST: /s/ John Bartel City Clerk Motion was made by Councilman Kruchten, seconded by Councilman Kissock, that this resolution be adopted. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Fissock and Kruchten. Absent: Councilman Lopez, excused. Nayes: None. The Mayor declared the motion adopted. The following notice of hearing was presented and read at length: February 10, 1970 Vernie J. Valdez Pine Tavern 244 Pine Street Fort Collins, Colorado i$ You are hereby advised that a complaint has been made to the City Council of the City of Fort Collins regarding alleged violation of the City ". Fermented Malt Beverage Ordinance, and the statutes of the State of Colorado. Specifically, it is alleged that, as on or of the Pine Tavern, 244 Pine Street, Fort Collins, Colorado, you have violated Section 14 (A) of Ordinance 17,1968, appearing in Code of Ordinances of the City of Fort Collins at Section 2043, by permitting minors under the age of 18, not accompanied by parents or gbar- dians, to be in the tavern; and that you have violated CRS' 63 Section 75- 1-15 (1) in that yousold, or served, fermented malt beverages to a person^under the age of 18 years. The minors so allowed -in the Pine Tavern and so served were Gloria Alvarez, age 15, Irene Alvarez, age 17, and Frank A. Lechner, age 16. You are further notified that on February 19, 1970, at 1:30 P.M., or as soon thereafter as the matter may come on for hearing, in the Council Chambers, in the Municipal Building, 300 West Laporte Avenue, Fort Collins, Col orado, the City Council.will hold a hearing and take evidence regarding the alleged violations, and determine whether or not your license to sell fer- mented malt beverages shall be revoked, suspended, or what other action should be taken. You may be present, be heard and be represented by counsel at said hearing if you so desire.' Yours truly, /a/ Arthur P. Roy Assistant Qty Attorney Th follovang supplemental notice of hearing was presented and rid-a-t—eneth: 83 February 17,.1970 a Vernie J. Valdez Pine Tavern 244 Pine Street Fort Collins, Colorado Re: Supplemental notice of hearing Dear Mr. Valdez: You are hereby advised that a complaint has been made regarding - alleged violations of the City Fermented Malt Beverage Ordinance, and the _stat- utes of the State of Colorado. Specifically, it is alleged that, as owner of the Pine Tavern, 244 Pine Street, Fort Collins, Colorado, you have violated Section 14 (a) of Ordinance 17, 1968, appearing in Code of Ordinances of the City of Fort Collins at Section 2-43, by permitting minors under the age of 18, not accompanied .by parents or guardians, to be in the tavern; and that you have violated CRS' 63 Section 75 - 1 -15 (1) in that you sold, or served, . fermented malt beverages to a person under the cge of 18 years. The minor so ailed in the Pine Tavern and so served was Balthazar Antonio Lopez, age 17. You are further notified that on February 19, 1970, at 1:30 P.M., or as soon thereafter as the matter may come on for hearing, in the Council Chambers in the Municipal Building, 300 West Laporte Avenue, Fort Collins Colorado, the City Council will hold a hearing to take evidence regarding the alleged violations, and determine whether or not your license to sell fer- meted Youemayybevragebeshall be present,rbeoheardsandebeed, or what represented byecounselnathould said hearing if you so desire. Yours truly, /a/ Arthur P. Roy Assistant City Attorney CERTIFICATE OF SERVICE I hereby certify that the above supplemental notice was served bn Mr. Vernie Valdez at 244 Pine Street, Feb.ruary;18, 1970, at % 2 P.M. G. Perman. In regard to these charges, Linden W. Wagner's police officer on duty January 13, 1970 at 10:15 P.M., was sworn in for questioning. He stated that hefoundsubjects in the tavern and asked for their I.D's, that there were three under age and three over 18 years of age. Arthur Roy, Assistant City Attorney, representing the City, asked Officer Wagner if he found the subjects in the tavern, and Mr. Wagner stated that he did. He was asked l if these were any of them present at the Council meeting., and he stated .there were two young ladies in the third row of the Council Room. h Mr. Bob Miller, Attorney representing the Pine Tavern, asked Officer Wagner if he saw them -being served. Officer Wagner stated he saw just the male being served, there was a soft drink on,the table. Officer Wagner was asked how many were in the tavern and how many were under age and how many over 18 and he stated Lechner, Bolka, Torrez and the Alvarez'. He stated he asked Bolka if he was acting as guardian, but did not ask if he was responsible for all'of them. Councilman Lopez arrived to be present for the remainder of the Meeting. Gloria Alvarez, 133 Second'Street, was sworn in for questioning. Mr. Miller asked here her age. She stated she was 16 now., but on January 15, she was only 15 years of age. Asked if she was in the Pine Tavern on that date, she stated yes. Asked if she had any thing to drink and she stated no. Asked what relation the others were to her, she stated no relation, just friends,:.no parents. She was asked if any of the others were acting as guardians, she stated no. She was asked how long she was in the tavern and she said she did not remember. Councilman.Troxell asked her how many beers her friends had while in the tavern and she stated one pitcher. Irene Alvarez of 133 Second Street, was sworn in for questioning. She stated whe'was 17 years of age. Asked how many were in the party, she stated six and that three were over 18 years of age. Asked how long she was in the tavern and she stated about 30 minutes. Asked is she was served any beer, she said no. Asked if there were.any parents or guardians with them, she stated no, that they were all together. Councilman Lopez asked her if she had ever been there with her parents. She said she had been there with her Dad her age, she said no. He asked her if anyone asked her Mayor Carson asked how many glasses with the pitcher of beer, and she stated she did not know, but glasses.. were given to the older ones. Assistant Attorney Roy presented James W. Vincent, a Police Officer, who was sworn in for questioning. Officer Vincent stated that on February 14, 1970, at 11:31 P.M. , he followed three young people, one had one. bottle of beer he stopped him and found he was under 18 years of age, contacted Juvenile Officer Black and the man, being Mr. Lopez, was charged for hav ing an open container. Officer Vincent was asked if Lopez was in the room and he stated he was in the secad row of the Council room. Mr. Miller asked .Officer Vincent if -Mr. Lpeez had an open container and if it appeared to be open. Officer Vincent stated that he did have an open bottle, did not see him take a drink and could not sayfor sure it was beer. -Councilman Troxell asked Mr. Vincent if he realized the man was under age, if he considered that other members of the group were also under age. Officer Vincent stated that he had not checked I.D's and they.had left the area. Mr. Balthazar lopez, 701 Vine Drive, was called to the stand and sworn in for questioning. He stated he was 17 years of age, was in tavern 15 or 20 minutes the night of February 14, 1970, and that no one asked his age of asked for his I.D., stating that as he was leaving, he met a lady who gave him beer. Asked if he was by himself, he said no, that there were three others. Asked if.the parents or guardians w9re with them. He stated no, ' 85 just.friends. Mr. Miller asked him if he knew the owner of the Pine Tavern. He. said yes and asked if the owner knew that he was under age. He stated he did not know. Attorney.Roy read Article 2-43, page 18.5, of the Code of Ordinances, stating that anyone under age., with out a guardian, should not be allowed' inside a tavern. Mr. Miller called Vernie J. Valdez, 244 Pine Street, owner of the Pine Tavern, to the stand for questioning,.after bein g sworn in. He stated he had been the owner of the Pine Tavern three years in September. Asked if he had any problems before, he stated no.. Asked if on January 13,.1970, he was tending bar and if he knew the girls. He stated.that he had known them for four years and that he was tending bar that night. Asked if he was working i alon,e on that date, he stated yes, he was. Asked if he knew the law that those under age had to be with a guardian or parents. He stated that three of them were of legal age and let them go. Asked if he was working February 14, 1970, and if he remembered Mr. Lopez being in his tavern. He stated that he did remember Mr. Lopez being there and stated that he had started check- ing everyone's I.D. and that he knew most of his. patrons. Assistant Attorney Roy asked if prior to these occasions, did he check at the door. He stated that he did not check the girls or Lopez. Mr. Miller asked Mr. Valdez if he knew there was anything wrong. He I -,stated no, that he felt that the one of age was responsible for the ones under -- age. Councilmen Troxell asked if he knew the law regarding selling of beer., and what the capacity was of his tavern. Mr. Valdez stated he did know the law and that the capacity of his tavern was 50 or 60. Asked how many employees he hired. He stated four. Asked if he was alone the 13th of January, 1970, he stated that he was, had 9 patrons that day and that he checked I..D's if he felt there was anyone under age. Mr. Troxell asked in regard to cooper- stion with Police Department, if any trouble, did he ever call the police, and add if he had a copy of the ordinance regarding selling of beer. Mr. Valdez stated that he had a copy of,ordinance in place of business. He was asked if he was doing his part as a tavern owner with police and how many patiions he had on the 14th of February, 1970. Mr. Valdez stated he had three employees and on Saturday he had 40 or 45 patrons. Councilman Kruchten asked if he served pitchers of beer. Mr. Valdez- stated that he did, that the group had three glasses, two bottles of -pop and one girl did not want anything. He was asked if more than one-half of his gross income came from the selling of beer. He stated yes it did.' me Attorney Roy asked Mr. Valdez if he was aware that the Police -hold regular clinics for tavern owners and asked when he attended these classes. He stated he attended the last one two months ago. Assistant City Attorney March asked Mr. Valdez if a minor was in your tavern, did he let them stay, Mr. Valdez stated he now checks I.D's if they are not known'to him. Councilman Kissock asked what the definition was of guardian regard- ing this ordinance. The Assistant City Attorney stated that Websters dic- tionary says one that preserves, protector by law. His version was one who guards or one who protects. Mr. Miller stated that Mr. Valdez had doLbts about the meaning of guardian and thought his violations were not intentional. Assistant City Attorney Roy summarized that it was shown that minors were allowed to enter and allowed to stay for a period, that police records of today showed three instances of serving to minors and that this case rests entirely on the ordinances. The Mayor called a recess for consideration of the evidence received. After reconvening, the Mayor stated that we have considered the violations. Mr. Valdez operates his business by his own standards and that he is negligent in asking for I.D's. Mr. Valdez has been cooperative with the police and commended him for this. He stated that the Council imposes closing the tavern for three business days, starting Monday, February 23, 1970, that the next offense of this nature will be much more serious. Councilman Kissock stated that he would like to have the Council make a research on the meaning of the word guardian for their own information and report later. The following communication was presented and read at length: February 15, 1970 Honorable Mayor, Council and Manager City of Fort Collins Gentlemen: As the Woodward Governor Company expands their Industrial Park at the pim t site at 1000 East'Drake Road we find that to insure the growth of the landscape we will• require more irrigation water. The company now owns fifteen units of Colorado Big Thompson-Horsetooth Reser- voir water that can be deliw red through the tunnel at the Soldier Canyon Dam. We also have three registered wells and shares in the Arthur Ditch and Sherwood Ditch and are the sole owners of the waters of the Laidlow drain, heading from the southeast corner of the old Bay farm, not owned by the University. We would like very much to cooperate with you in treating this Horsetooth water and.delivering.it through the existing meter at our plant. r. Each year we could ask the Conservation District to deliver our shares to you and during the six month irrigation season we would, if needed, takd delivery from you r existing services at the plant site. For the above privilege we would be willing to pay the sum of nineteen dollars and fifty cents ($19.50) per acre foot. This would be based on the.amount decided to be deliv red each season - say an average of around 75 or 80/ of an acre foot per unit. This would be irrigation water, not subjected to the sewer charges. We find that this would cost us much more than delivery in the exising canals but we feel that this would be compensated by much better delivery from the City facilities:' Thanking you for your consideration of the above proposal. Very truly yours, WOODWARD GOVERNOR COMPANY /sl C. Russell Martin Vice -President and Manager /sl G. H. Palmes Consultant Mr. Guy H. Palmes was present and commented on the above report. After discussion between Mr. Palmes and the. City Manager; the Mayor suggested that the City Manager and Mr. Palmes discuss this matter further and report to the Council at a later date. at length: The City Manager presented the following communication which was read 1008 Castlerock Drive Fort Collins, Colorado Mr. Roy Bingman, City Engineer City Hall 200 LaPorte Avenue Fort Collins, Colorado - Dear Mr. Bingman: Due to a problem concerning easement for an alley between Castlerock Drive and Skyline *Drive, I request that the ten foot easement on all of Lot 9 and north six foot of Lot 10 of the Miller Brothers Foothills be vacatated. Sincerely, /sl Mary Alice Shaeffer Motion was made by Councilman Kruchten, seconded by Councilman Kissock., that this matter be referred to the Planning and Zoning Board for their recommendation. Roll was called resulting as follows: Ayes: Council- men Carson, Troxell, Lopez, Kissock and Kruchten. Nayes: None. The Mayor declared the motion adopted. The Assistant City Attorney stated that the Administration has been negotiating with the LaPorte Water & Sanitation District for the City to take over and operate. The-Attorneys,,Distriet members and Council recessed to executive chambers to 'discuss this matter. After reconvening, the Assistant City Attorney commented on the matter, 88 stating that the Mountain View system enlarge, could run line along C & S Railroad and down Taft Hill but the expense would be greater. He read the following proposed agreement: AGREEMENT THIS AGREEMENT made this day of ��6ruary , 1970, between the CITY OF FORT COLLINS, COLORADO, a municipal corporation, hereinafter called the.City, and LaPORTE WATER AND SANITATION DISTRICT, a statutory district, hereinafter called District; WITNESSETH WHEREAS, the District is a statutory Water and Sanitation i District, one of the purposes of whichis establishing a sanitary sewage collection system in the area encompassed by the District, !` as it may exist from time to time, and WHEREAS, the City -presently operates its sanitary sewer system in the City of Fort Collins and in some of the areaaround the City, and WHEREAS, the District desires to construct the necessary lines to establish a sanitary sewage system in the District, said ,.lines to -be constructed in accordance with the.plans and specifications attached hereto as Exhibit "A" and by reference herein made a part hereof, and WHEREAS, the City has agreed to receive sewage from the District's sewage collection system to be constructed and to process such sewage, and the City has further agreed to operate.and maintain the District's entire sewerage system and to perform other services for the District, all of the same to be done in consideration of the payments hereinafter called for and the -other terms and conditions of this agreement, and WHEREAS, a projection of income and expenses has been prepared for the District by M & I, Inc., formerly Meline and Irelan, engineering consultants, a copy of which is attached hereto marked as Exhibit "B" and by reference made a part hereof, and WHEREAS, such projection is for a fifteen year period commencing / s7 day of /-��� ,, , 19 70. , and shows in Column 1 the year involved; in Column 2 the estimated number of total connections on the District's line in the applicable year; in Column 3 the estimate of the assessed valuation in the District in the applicable year; in Column 4 the estimate of the mill levy to be levied,by the District in order to help pay the costs of the District; in Column 5 the estimated tax revenue to be generated from such mill levy in the applicable year;. in Column 6 the estimated amount to be collected from the service charge to be made by the District in the applicable year; in Column 7, the estimated amount to be collected from tap fees to be charged for tapping on to the District's system in the applicable year; in Column 8 the total income estimated to be received from all sources by the District in each applicable year; in Column 9 the estimated amount of bond principal to be repaid in each applicable year; in_Column 10 the estimated amount of bond interest to be paid in each applicable year; in Column 1131the amount to be paid to the City as the City's charges for its services to be performed under this agreement based upon a $3.00 per month charge per tap for the estimated number of taps in each applicable year; in Column 12 the amount to be paid to the City as the tap fee due to the City under this agreement based upon the estimated number of taps in each applicable year; in Column 13 the estimated District's administrative operating expense; in Column 14 the total estimated cost consisting of bond principal, bond interest,. service cha ge,;per tap per month by the City, tap fee charged by the City ,and the District's administrative operating expense in each applicable year; in 'Column 15, the estimated accumulated net annual surplus or deficit of.the District after paying the costs shown in Columns 9, 10, 11, 12 and 13 based. upon the receipt of income as shown in Column 8. NOW, THEREFORE, in consideration of the premises and the terms of the within agreement, it is agreed as follows: -2- _ r-, 1, . S�1 facilities in the District in accordance with the plans and speci= fications attached hereto as Exhibit "A", and the City approves such plans and specifications; 2. The City agrees to permit the District at its expense to connect to the City's trunk sewer, such taps to be made in the manner required by the appropriate officials of the City of Fort Collins and to the complete satisfaction of the City. The City further agrees to receive all of the sewage from the District's system and to treat and process the.same in such manner as City handles its own sewage, up to five hundred 4" residential type taps. District shall obtain written consent from the City before adding additional taps beyond said five hundred to its system. It is recognized that it will be necessary to transport _ sewage between the lines of the District and the lines of the City and it is agreed that the City will make the necessary arrangements to transport such sewage in one of the following manners: A. The City will make the necessary arrangements with the Mountain View Sanitation District to use the lines of said District for such purpose, it being understood that it is possible that this will necessitate enlarging the capacity of the Mountain View Sanitation lines which enlargement will cost approximately $25,000.00, and in such event the City.will install and pay for such enlargement and the District will repay the cost of the same to the City upon completion of all pay- ment required of District as shown on the amortization schedule attached hereto as Exhibit "B", including payment of the bonds as provided herein i ! and payment of the deferred tap fees as provided herein, or;- B. The City shall install and pay for a line southerly of and generally parallel to the.Colorado and Southern Railroad right of way, said line extending from the line of the District at the point marked "X" in Exhibit "C" attached hereto, and running to a point marked "Y" on Exhibit "C", and said line thence running along the right of way at Taft Hill Road to the line of the City located on Vine Drive. In such event the District shall repay the City upgn completion of all payments required of District as shown -on the amortization schedule I attached hereto as Exhibit "B", including payment of the bonds as pro- vided -herein and payment of the deferred tap fees as provided herein, an amount equal to $25,000.00 plus any savings to.the District by reason, of lower expenses in constructing the -lift station and lines required to be constructed by the District as in alternative "A" above. 3. The City further agrees to operate and maintain the District's•lift station, force main and entire system and to provide -3- all services necessary which are directly related to the collection - and treatment of sewage within and from the District's system, including the manager's salary and office rent. The City shall at all times provide adequate facilities to handle all sewage collected from within the District's system, up to the above referenced five hundred 4" residential type tap limitation, at its cost, though the District shall be responsible for costs of expansion of that part of the system owned by the District. It is expressly understood and agreed that the City shall not be responsible for certain expenses } incurred by the District such as costs of any insurance obtained by the District, directors' fees, County Treasurer's fees for collection of assessments, fidelity bond premiums for District's.directors or' officers, audit expenses, advertising, legal expenses, engineering expenses and similar items not directly relating to the -collection, treatment and processing of sewage in the sewer system to be constructed. 4. The City further agrees to keep all necessary records I .and to bill and collect for sewer collection and treatment from the Yparties connected to the District's sewer system. The City shall 1 maintain a separate account for the District with records of individual I users within the District and shall send monthly (or such other periodic billing as is agreed upon by the District and the City) bills promptly i j to all users at the rate then in effect for the District as established } by the directors of the.District in accordance with the terms of this . i agreement. Such records shall be open to inspection by the District and copies of the same furnished to the District by the City at all reasonable times upon reasonable advance requests by the District and at the District's expense. 5. The District agrees to pay to the City for each tap made on the -District's collection system the sum of $175.00. Except' ;for the initial 100.taps; the fee for which shall be paid 16 years from the effectivedate of that certain contract entered into between the City and the District on the 5th day of June, 1969, providing also for the conveyance of the District's water system to the City and as is also indicated on Exhibit "B" attached hereto, such amount shall be paid to.the City before the tap for which payment is to be made is made_.operative. It is agreed that the tap fee charge shall be imposed only one time for,each tap and after it is paid no additional charges for a tap or inspection of the same shall be owed to the City. After completion of initial construction of the system, and initial tapping involved, no tap shall be made operative until the City has -4- had opportunity to inspect, and has approved, the service lines to such tap, provided, that such approval shall be granted except for reasonable cause directly related to such line. Such fee shall include whatever inspection service the City reasonably deems necessary in connection with such tap, but shall not include the charge to be made by the City for labor and materials involved in making the tap which shall be the obligation of the party ordering such tap, and/or property owner. In addition to said 100 tap fees to be deferred,the- City shall also defer the payment of such number of additional taps, up to 100 taps, if needed to pay off any indebtedness of the District incurred in financing construction of the District's system in addition to the above referenced bonds. l 6. The District further agrees to pay to the City as the service charge_for_operating and maintaining the District'$±system, processing the District's sewage and billing and collecting from District users and performing all -other services contemplated under this agreement to be performed by the City the sum of $3.00 per month, or other agreed upon amount, per 4" residential type`"taps being used and in operation, over the term of this agreement. .7. It is expressly agreed that in the event the City increases subsequent to the date of this agreement, the sewer rates now.established by the City by Section 21-49.39 of the Code of Ordinances of the City of Fort Collins, Colorado, 195S, as amended, for inside the City service or the plant investment fee now established by Section 21-49.50 of the said Code of Ordinances for inside the City service, the amount to be paid by the District to the City for service charges.or tap fees shall be increased proportionately in the same ratio as the increase in the City's rates and fees, or more if directors of the District so elect; provided that such tap fee will not be changed for those taps -which are the subject of, tap purchase agreements in existence at the time of such change in ordinance. The parties further agree that the $175.00 tap fee established by this agreement applies only to -a 4" tap and any larger tap shall require a tap fee equal to that required under the -5- i 93 t City's ordinanceas exists at the time�the tap agreement involved is entered into between the District and the customer. 8. It is agreed that initially the District shali.,make a'monthly service charge to the users of the District's sewer system of not less than $5.50 for a 4" residential type tap. Any connections other than such 4" tap shall not, be made until such time as the City and the District have agreed in writing by an addenda to be attached to this agreement as to the monthly service charge to be made for such connection and the distribution of such income, which charge and distribution shall have a proportionate relationship substantially similar to those established above for such a 4" tap. 9. The District further agrees to levy as soon as.legally possible a fourteen mill tax upon all real property within the District in order to be able to meet the anticipated costs.of the District. The District agrees to certify this levy to the.County Commissioners for taxes to be collected in 1970. . 10. It is agreed that all monthly payments will be made directly to the City and the City will retain its $3:00, or such other j amount as is in effect under the provisions of Paragraph 7 above, for each 4" tap, being used and in operation, together with such dollar amount as is agreed upon between the District and the City for other size taps, for each such tap and remit the balance each month to the District, together with all tap fee proceeds in excessof that to be paid to the City for each tap as provided for herein. The District shall apply all monies which it received first to reduction of principal and interest on the District bonds and then to all administrative and other reasonable expenses incurred by the District. Such tap fees charged to the customer by the District shall initially:be in the_ amount of $200.00 for -any customer who purchases a tap' before completion of the initial construction of such sewer lines to a point where such customer is to connect, as directed by the District, -and thereafter -6- _ .. i a such tap fees shall be in the amount of $300.00 unless otherwise ordered by.the District for the reason that some other amount is reasonably deemed by the District to be adequate to fulfill its revenue needs. 11. If annual revenues are not sufficient to meet the projection shown in Column-/3the District agrees to adjust its mill levy or service charge, or both, if such cumulative deficit is in excess of 15% of such amount shown in such column for the applicable year. A cumulative deficit up to such 15% amount shall temporarily be made up by the City so that all bond payments and other reasonable j expenses of the District may be paid, but shall eventually be paid by the District before the completion date of this agreement. Such adjustment in mill levy and/or service charges shall be made as soon as reasonably possible after the cumulative deficit in excess of said 15% for any one calendar year, or fiscal year used by said District, is determined. Such adjustment shall be in.an amount reasonably deemed adequate by the District and the City, through agreement, to raise the revenues -to that projected in said Column /.S- In the event growth in the District exceeds the rate projected in the attached Exhibit "B", rates and/or mill levy in the District may be changed by the District so long as such revenues as will then be anticipated shall reasonably be deemed adequate to -.cover all costs and expenses anticipated herein... 12. As a further consideration for the services to be performed.by the City, the District agrees that'at such time as the bonds of the District are paid in full the District will forthwith transfer to the City full ownership of all of the sanitary sewer system of the District and the City shall assume all obligations to - further sewer service to tap holders of the District and agrees to operate and maintain said system and assume all existing obligations -7- if f t i`-'-�'°" „`-r`rcgy'"__..d'�_�ee :.. �r..,-..r„_ .:s.:_`•.n.;r�-.:2"..-.�:-�- -._ ., .:.. �:._ _ _ _ _ _ _ r .;��i-"„ of the District; provided, however, that the District may refinance through the. issue of new bonds in the event that the same are necessary to pay the original bonds of the District upon their final payment date and such "refinancing" bonds shall not be con- i sidered,as additional bonds referred to -in Paragraph 17 below. 13. .The City shall account to the District on a monthly. (or such other.periodic.basis as is agreed upon by the parties) basis for all revenues collected on behalf of the District 14 The parties further agree that so long as the projection set forth in Exhibit "B" is being met, and particularly the projection contained in Column. /s of Exhibit "B", the District may initiate the necessary steps to -issue additional bonds; provided, however, ' that the expiration date of any such additional, or new, bonds shall not be later than the expiration date of this agreement as provided in Paragraph 17 below; and provided further that the City and the i District shall expressly agree to such additional issue by writing attached to this Agreement and the District shall establish to, the reasonable satisfaction of the City that the District revenues I will be sufficient to repay such bond issue. 15. The City agrees that it will take no action which would reduce the revenues of the District from those shown in the attached Exhibit "B" and specifically the City agrees that it will not compete with the District in supplying sanitary sewer services where a r District line is available.or can be readily made available. .The parties further.acknowledge that there are numerous properties located within the exterior boundary lines of the District which have been excluded from the District and that in cases where the District sewer lines can serve such property, the City will not serve such property unless the District expressly refuses to furnish service to the 'same, provided City does not have an obligation to serve such - property as of the date of -this agreement. Terminating service to t i� 9V a nonpaying customer shall not in any way be construed as reducing District revenues under the provisions of this paragraph. 16. The City agrees that it will take all steps available to it in collecting the sewer charges of the District, provided the City -will not be required to incur any extraordinary expenses in = collecting such sewer charges unless the District agrees to reimburse the City for the same. The City further agrees to notify the District promptly of any delinquencies in payment of sewer charges and to the extent.it may legally do so without risk, to cut off any water service furnished by the City if payments due the District are not made within the time allowed as a means of collecting the District's charges from a defaulting sewer tap holder or user. 17. This agreement shall continue in full force and effect for a period of fifteen years from the date hereof, or until all bonds of the District and indebtednesses of the District to the City, - are paid in full, whichever last occurs; provided, however, that in any event this agreement shall terminate no later than twenty years from the date hereof at which time the City shall take oversaid system as provided in Paragraph 12 above. 18. Consent to annexation will not be required of those who utilize the'District's sewage facilities on account of the furnishing of such sewer service.. 19. The parties agree that none of the directors or J officers of the District shall in any way be personally liable'or responsible for the performance of the terms of this agreement. IN WITNESS WHEREOF, and that.this agreement shall be binding upon the undersigned, their successors and assigns the same has been made and entered into the day and year first.above written. ATTEST: CITY OF FOR COLLINS 97 ATTEST: LaPORTE WATER AND SANITATION DISTRICT Councilman Kruchten ask d wha appens to a ea next to the district, would these be excluded from district. The Assistant City Attorney stated that the City could serve and take over these areas, compared to North College Avenue not District. It was asked what happens to customers that are in the City but/in Assistant the District. The Ci;y/Attorney stated that they form an improvement district or pay for line to existing line, stating that anyone can form a district. j Under agreement the City will receive revenue plus enlargement costs from this district. Motion was made -by Councilman Kissock,, seconded by Councilman Lopez, that this agreement be approved and the matter referred to the City Atrorney to _ put the agreement in order and prepare the necessary ordinance. Roll was called resulting as follows Ayes: Councilmen Carson, Troxell, Lopez, Kissock and i Krauchten. Nayes: None. The Mayor declared the motion acb pted. The following communication was presented'and read at 'length: T0: Acting Director of Public Works, Roy Bingman. FROM: Chief Building Inspector, Gordon F. Clyde SUBJECT: Approval of a Location for a Gasoline Dispensing Service Station (tentative address 1301 N. College) under Section 9-21 of the Code of Ordinances, City of.Fort Collins 1958, as amended. DATE: February 19, 1970 It is requested that approval of the location for a gasoline dispensing service station be obtained ftom City Council as required by the referenced. Section. The proposed location is at the northwest corner of the intersection of North College and Hickory. The area is one which has not been previously subdivided and therefore a subdivision plat will'be required prior to granting occupancy, The preliminary plat has-been reviewed by the Building Inspection ' Division and the Fire Department. The area is properly zoned General Business (BG); the use is.Dermitted and no deviations from the requirements of Section 9022 have been -noted. The application has been submitted by _Henry Kaiser doing business as Col -Fort Oil Company', 3840.West Colfax, Denver, Colorado. /s/ Gordon F. Clyde Chief Building Inspector Motion was made by Councilman Lopez, seconded by Councilman Kruchten,. that this request be approved subject to final approval of the plat and utility agreements. Roll was called resulting as follows: Ayes: Councilmen Carson; Troxell, Lopez, Kissock and Kruchten.. Nayes: None. The Mayor declared the motion adopted. y The Assistant Attorney stated that Eugene Markley be appointed to fill out the term of Wm. Galyardt, who has resigned, on the Personnel Board. Motion was made by Councilman Kissock, seconded by Councilman Troxell, that this matter be referred to theCity Attorney to draft a resolution appdnting Mr. Markley to i i t a ' to the Personnel Board. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez,-Kissock and Kruchten. Nayes: None. The Mayor declared the motion adopted. Councilman Lopez stated that the dog leash law should be enforced, that he had had several calls from residents complaining of the dogs running loosE Councilman Kruchten stated that he thought the City needs another dog warden for a City this size and extend hours for this office, as the dogs are let out early in the morning or late in the evening. Mayor carson stated that this will probably always be a problem and that all cities seem to have the same situation. Motion was made by Cbuncilmn Kruchten, seconded by Councilman Troxell that the Council adjourn.' Roll was called resulting as follows: AyesL Councilmen Carson, Troxell, Lopez, Kissock and Kruchten. Nayes: None. The Mayor declared the motion adopted, and the Counci adjourned. a or ATTEST City C16-1