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HomeMy WebLinkAboutMINUTES-06/24/1965-Regular�282 MINUTES OF A REGULAR MEETING OF THE COUNCIL OF THE CITY OF FORT COLLINS, Held (Thursday, June 24, 1965, at 1:30 o'clock P.M. Present: Councilmen Johnson, Carson, McMillan, Bennett and Councilwoman Quinn. Interim City Manager Case, City Attorney March and City Engineer Fischer. Motion was made by Councilwoman Quinn, seconded by Councilman Bennett, that the (reading of the minutes of the last regular meeting held June 3, 1965, be dispensed with. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett land Councilwoman Quinn. Nayes: None. The President declared the motion adopted. This was the date of the hearing on the application of A J Market, 425 Cowan Stree for a Class B non -intoxicating malt beverage license and 3.2% beer license from the State of Colorado. Mr. Gene E. Fischer, Attorney, representing the firm, presented his case. He called Mr. A. J. Busley, President of the Company, to the stand and questioned him regard- ing his back ground and his operation in the City of Fort Collins. He then called Mr. Ned Mitchell, Vice -President of the Company, and Manager of the A.J. Market, Incorporated, to th stand and questioned him as to his knowledge of the ordinance and the State laws in refer- ence to selling 3.2% beer and also as to the petition presented by Mr. Fischer containing some 200 names of customers and residents of the immediate neighborhood of the market. Aftej were questioning by some members of the Council, the Mayor asked if there/anybody present in opposition to the granting of this license. Chief of Police Hollady was called upon in legal reference to his report and Chief Hollady said that he could see no/reason for not issuing said license. Motion was made by Councilman Carson, seconded by Councilwoman Quinn, that the State lieense be approved. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The application of the above firm for a Class B non -intoxicating mslt beverage license from the City, was presented. Motion was made by Councilwoman Quinn, seconded by Councilman Bennett, that this license be granted subject to the issuance of the State license. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan Bennett and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The following ordinance was presented on second reading: ORDINANCE NO. 30, 1965 BEING AN ORDINANCE RELATING TO THE CREATION AND ORGANIZATION OF CONSOLIDATED SANITARY SEWER IMPROVEMENT DISTRICT NO. 53, 1965, PROVIDING FOR THE CONSTRUCTION OF IMPROVEMENTS THEREIN AND AUTHORIZING THE ISSUANCE OF BONDS TO PAY THE COSTS OF CONSTRUCTION THEREOF Motion was made by Councilman McMillan, seconded by Councilman Bennett, that Ordi- nance No. 30, 1965, be adopted and become a law upon passage. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The following ordinance was presented on second reading: ORDINANCE NO. 31, 1965 AMFNDING CHAPTER 19, CODE OF ORDINANCES OF THE CITY OF FORT COLLINS, COLORADO, 1958, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE, CHANGING A PORTION OF BLOCK 10, EMIGHS SUBDIVISION, FROM "C" RESIDENTIAL DISTRICT TO "D" COMMERCIAL DISTRICT Motion was made by Councilwoman Quinn, seconded by Councilman Carson, that Ordi- nance No. 31, 1965, be adopted and become a law upon passage. Roll was called resulting as as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The following ordinance was presented on second reading: 28 June 2L. 196K ORDINANCE NO. 32, 1965 ACCEPTING AND APPROVING THE PLAT OF WHAT IS KNOWN AS THE WEST PROSPECT FIRST ANNEXATION TO THE CITY OF FORT COLLINS AND TO BE INCLUDED WTHIN THE LIMITS AND JURISDICTION THEREOF, PUR- SUANT TO THE AUTHORITY CONTAINED IN ARTICLE 11, CHAPTER 139, COLORADO REVISED STATUTES, 195 Motion was made by Councilman McMillan, seconded by Councilman Carson, that Ordi- Inance No. 32, 1965, be adopted and become a law upon passage. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The following ordinance was presented on second reading: ORDINANCE NO. 33, 1965 BEING AN ORDINANCE ASSESSING THE COST OF IMPROVEMENTS IN CONSOLIDATED IMPROVEMENT DISTRICT NO. 58, AND PROVIDING FOR THE PAYMENT AND COLSECTION THEREOF. Motion was made by Councilman Bennett, seconded by Councilwoman Quinn, that Ordi- nance No. 33, 1965, be adopted and become a law upon passage. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. This being the date of the hearing on the West Elizabeth -Foothills Annexation, the City Clerk advised the Council that no counter petitions had been filed. The following ordinance was presented on first reading: ORDINANCE NO. 35, 1965 ACCEPTING AND APPROVING THE PLAT OF WHAT IS KNOWN AS THE WEST ELIZABETH-FOOTHILLS ANNEXA- TION TO THE CITY OF FORT COLLINS AND TO BE INCLUDED WITHIN THE LIMITS. AND JURISDICTION THERE OF, PURSUANT TO THE AUTHORITY CONTAINED IN ARTICLE 11, CHAPTER 139, COLORADO REVISED STATUTE 1953 Motion was made by Councilman McMillan, seconded by Councilwoman Quinn, that Ordi. nonce No. 35, 1965, be considered favorably on first reading and ordered published this 24th day of June, A. D. 1965, and to be presented for final passage on the 15th day of July, A. D. 1965. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Councilwona n Quinn. Nayes: None. The President declared the motion s'dopted. This being the date of the hearing on the Twelfth South Shields, Street Annexation,) the City Clerk advised the Council that no counter petitions had been filed. The following ordinance was presented on first reading: ORDINANCE NO. 36, 1965 ACCEPTING AND APPROVING THE PLAT OF WHAT IS KNOWN AS THE TWELFTH SOUTH SHIELDS STREET ANNEXATION TO THE CITY OF FORT COLLINS AND TO BE INCLUDED WITHIN THE LIMITS AND JURISDIC; TION THEREOF, PURSUANT TO THE AUTHORITY CONTAINED IN ARTICLE 11, CHAPTER 139, COLORADO REV Ell STATUTES, 1953 Motion was made by Councilman Carson, seconded by Councilman Bennett, that Ordi- "ante No. 36, 1965, be considered favo.aably on first reading and ordered published this 24th day of June, A. D. 1965, and to be presented for final passage on the 15t1a day of July, A. D. 1965. Roll was called resulting asfbllows: Ayes: Councilmen Johnson, Carson, McMillen, Bennett and Councilwoman Quinn. Nayes: None. The President declared.the motion o'dopted. The following petition was presented and read at length: PETITION AND APPLICATION FOR ANNEXATION STATE OF COLORADO as. COUNTY OF LARIMER ) CITY COUNCIL OF THE CITY OF FORT COLLINS FORT COLLINS, COLORADO Ju WHEREAS, We the undersigned are the owners of more than 50% of the area and com- prise the majority of land owners residing in the area which is described as situate in the County of Larimer, State of Colorado, to -wit: A tract of land situated in the NW4 Section 15, Township 7 North, Range 69 West of the 6th P.M., which considering the West line of said NW4 as bearing S. 000321 E. and with all bearings contained herein relative thereto is contained within the boundary lines which begins at a point which bearings S. 00032, E. 1595.00 fee from the NW Cor. of said Section 15 and run thence East 865.00 feet; thence S. 000321 E. 150.88 feet; thence West 865.00 feet to a point on the west line of said NW4; thence N. 000 V). 150.88 feet along said West line to the Point of begin ning, subject to a right of way South Taft Hill Road as it now exists over the westerly 30 feet thereof, together with 1/9 share of the Capital stock of the Pleasant Valley and Lake Company. containing 3.095 acres, more or less. AND WHEREAS, said lands are contiguous with the City Limits of the City of Fort Collins, Colorado, and more than one -sixth of the aggregate external boundaries of said lands coincide with the existing boundaries of the City of Fort Collins, and WHEREAS, a plat of said lands has been prepared in accordance with the provisions of the Colorado State Statutes and the Ordinances of the City of Fort Collins, 6 copies of which said plat is herewith submitted. NOW, THEREFORE, it is- respectfully petitioned that said plat comprising the above described lands, be accepted and approved, that the territory embraced therein, to be known as the South Taft Hill Fourth Annexation to the City of Fort Collins, Colorado be included within the limits and jurisdiction of the City of Fort Collins, Colorado, and further that said lands be included in the A zone under the zoning Ordinance of the City of Fort Collins. Dated at Fort Collins, Colorado, this 8th day of June, 1965, A. D. Respectfully submitted: /s/ Helen M. Buck Russell J. Buck STATE OF COLORADO) ) as. COUNTY OF LARIMER) The foregoing instrument was acknowledged before me this 8 day of June, 1965. By Helen M. Buck & Russell J. Buck fort he purposes therein set forth. My commission expires 2/3/68. s/ John Bartel Notary Publ Motion was made by Councilman Bennett, seconded by Councilwoman Quinn, that this petition be referred to the Planning, and Zoning Board for their recommendation. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, Bennett, McMillan, and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The following petition and application was presented and read at length: PETITION AND APPLICATION FOR ANNEXATION STATE OF COLORADO) ) as. COUNTY OF LARIMER) CITY COUNCIL OF THE CITY OF FORT COLLINS FORT COLLINS, COLORADO WHEREAS, We the undersigned are the owners of more than 50% of the area and com- prise the majority of land owners residing in the area which is described as situate in the County of Lorimer, State of Colorado, to -wit: A part of the North 2 of Section 21 and the SE4 of Section 16 of Township 7 North, Range 69 West of the Sixth P.M. which considering the North line of said Section 21 as bears 8 S. 89041' E. and with all bearings contained herein relative thereto is contained within the boundary lines which begin at the Nr, corner of said Section 21 and run thence S. 89°411 E. 648.65 feet; thence N. 00106130" W. 572.65 feet; thence N. 89°411 W. 328.65 feet; thence N. 00°06,30" W. 746.20 feet; thence S. 89041t E. 746.16.feet; thence S. 00006130" E. 716.20 fee 7 thence S. 89°41' E• 82.49 feet; thence S. 00006130"'E. 632.65 feet; thence N. 89041f W• 446• 26 feet; thence S. 00019' W. 450.00 feet; thence.N. 89041" W. 1689.03 feet; thence S. 00°461 E. 1346.94 feet along the East line of the NWT' of the NW4 of said Section 21; thence S. 890 421 W. 1295.25 feet along the South line of the NW4 of the NW4 of said Section 21; thence N. 00°35' W. 1390.85 feet along the West line of the NW4 of the NW4 of said Section 21;'thence N;�,.8�o42ti E; 2582Q00'f&9t 916u$ntE6; North 'line of said Section 21 to the point of beginning; ° EXCEPT that tract more particularly described as f ollows: Begin at a -point which bears S. 89 41' E. 708.65 feet from the S4 corner of said Section 16 and run thence N. 00006*OV. 572• " feet; thence S. 89°41� E. 315.00 feet; thence S. 00006'30" E. 572.65 feet; thence N. 6904 W. 315.00 feet to the point of beginning. The net acreage of all of the land described a is 61.17 acres more or less. 'Add 285 AND WHEREAS, said lands are contiguous with the City Limits of t he City of Fort Collins. Colorado, and more than one -sixth of the aggregate external bouundarles of said lands coincide with the existing boundaries of the City of Fort Collins, and WHEREAS, a plat of said lands has been prepared in accordance with the provisions of the Colorado State Statutes and the Ordinances of the City of Fort Collins, four copies Of which said plat are herewith submitted. N(V , THEREFORE, it is respectfully petitioned that said plat comprising the above described lands, be accepted and approved, that the territory embraced therein, to be', known as the West Prospect Second Annexation to the City of Fort Collins, Colorado, be included within the limits and jurisdiction of the City of Fort Collins, Colorado, and further that said lands be included in the A Residential Zone except those parcels included herein and which are to be zoned B, C and D and which are described separately in attach- ments hereto under the zoning Ordinance of the City of Fort Collins. Dated at Fort Collins, Colorado, this 18th day of May, 1965, A. D. (Respectfully submitted, /a/ George F. Arbogast Ruth Ann Arbogast A. Wesley Johnson LuVina J, Brown ATTEST: POudre School District R-1 John Stewart, Pres. /s/ Effie B. Fuqua Martha H. Fuqua Elliott -Miller Const. Co. Inc. By Alvin L. Miller, Pres. Enid P. Miller, Secly STATE OF COLORADO) as. COUNTY OF LARIMER) The foregoing instrument was acknowledged before methis 5t1a day of June, 1965. By the above for the purposes therein set forth. My commission expires November 8, 1967• /s/ Judith R Notary P inson Motion was made by Councilman McMillan, seconded by Councilwoman Quinn, that this Petition be referred to the planning and Zoning Board for their recommendation. Roll was celled resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Couhcilwoman Quinn. Nayes: None. The President declared the motion adopted. he Council that the annexation petition of Otto and Mary The City Clerk advised t C. Pierce was ready for action and the Planning Director, Mr. Gene Allen, advised the Coun- ion to 'A" Residential zoning and would oil that the petitioners had amended their petit dedicate 30 feet for the N2 of Cherry Street, and that any water rights which might exist would be acquired before the final action by the Council. Motion was made by Councilman Carson, seconded by Councilman Bennett, that this be referred to the City Attorney to pre - include Para the necessary resolution and notice of hearing and that said description /' 20 foot original and the Mountain View annexation. Roll was called resulting strip between the/annexation nson, Carson, McMillan, Sennett and Councilwoman Quinn. as follows: Ayes: Councilmen Joh Nayes: None. The President declared the motion adopted. The following report was presented and read at length: June 24, 1965 To: The Fort Collins City Council From: The Planning and Zoning Board containing .10 acre. Subject #43-5 Sub 6 The Hohimer Annexation, : This matter was considered withthe HBoard aialthe meeting strictzoniJune 8, 1965, and a recommendation is made to annex the a The apgoval is subject to preparation of a proper annexation plat, which the owner will Present. IRespctfull!porteCollins planningandZoning Board s1 /a/ By Gene Allen Secretary 286 Motion was made by Councilman McMillan, seconded by Councilman Bennett, that this be referred to the City Attorney to prepare the necessary resolution and notice of ie aring. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The following report was presented and read at length: June 24, 1965 To: The Fort Collins City Council From:. The Planning and Zoning Board Subject: #45-65 The Schmidtberger-Tiley Rezoning request - A Residential to B Residential At the regular meeting held June 8, 1965, the Board considered this petition and voted to rec mend the zoning not be changed. Petitions favoring and opposing change have been filed relative to this area. The first set circulated favored the change, while the second set opposed it. Some owners reversed their stand following circulation of the first (favoring) petition. The second (opposing) petition contains signatures of a majority of land owners in the subdivision. A total of 65 owners from the general area signed in opposition. Respectfully submitted, Fort Collins Planning and Zoning Board /s/ by Gene Allen Secretary Mr. John S. Tobin, Attorney for the application, asked for a continuation of this matter in order to give them time to contact the protestants, explaining to ahem the plans of Mr. Schmidtberger in reference to the request for a "B" residence district. Motion was made by Councilman Carson, seconded by Councilwoman Quinn, that the request of Mr. Tobin to continue the matter for three weeks be granted. Roll w as called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Councilwoman Quinn. Nayes None. The President declared the motion adopted. The final plat of the Humphrey Medical Center Subdivision was presented and approv ed. The following report was presented and read at length: June 24, 1965 To: The Fort Collins City Council From: The Planning and Zoning Board Subject: #37-65 The Humphrey Mediaal Center Subdivision, final plat. On June 8, 1965, this plat was discussed by the Board and approved subject to certain items as follows: a.) Dedication of Doctors Lane across the south part of the abbdivision to the Southeast corner. The owners are to retain a one foot strip on each side of the part East of Luke Street, so they would acquire this portion of the street in event of future vacating proce- dures. b.) Filing and approval in the City Engineers Office of plans for improvement of streets and construction of utilities in the subdivision. c.) The recorded plat to contain a statement that on -street parking will not be permitted i Luke Street, within this subdivision. Respectfully submitted, Fort Collins Planning and Zoning Board /sl by Gene Allen Secretary Motion was made by Councilman Bennett, seconded by Councilman Carson, that this final plat be approved as presented, subject to the conditions in the above report. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The following communication was presented and read at length: WATER BOARD OF THE CITY OF FORT COLLINS June 16, 1965 ionorable Mayor and Council Collins Members >f the City of Fort Port Collins, Colorado 287 June 2L. 196K Messrs. and Madam: The fo7Lowing is the recommendation of the Fort Collins Water Board concerning the awarding of bids for construction of water mains: FACTUAL BACKGROUND The low bidder for the laying of the proposed new transmission mains was Turin - pike Construction with a bid of $1,029,310.24. Their bid was based upon the use of ductile iron. The next lowest bidder was Martin K. Eby with a bid of $1,031,763.30, based upon the use of cast iron in 24 inch and under pipe and pre -stressed concrete in the larger sizes. The bids reserved to the City the right to choose any low bid within alternates thus allow- ing us to award the contract either to Turnpike Construction or to Eby depending upon whether it was desired to use ductile iron or pre -stressed concrete. The difference between the two bids is $2,453.06 and the lowest bid should be accepted unless there are valid and compelling reasons for going to the next lowest bid. THE PROBLEM Because of the relatively short time that ductile iron has been used in the United States, the question arose as to whether or not this product had been sufficiently tested to insure its permanence. Tiie Water Board has fully investigated this pipe with the following results: A. Certain cities and certain organizations, notably the Bureau of Reclamation, have not used or refused to use ductile iron pipe. A copy of letter to and reply from the Bureau of Reclamation in this regard is attached hereto as Exhibit A. It should be noted that no city or organization states that ductile iron is an inferior product. The most that they will say against it is that it Pias`hot been used for any length of time. B. A considerable number of engineers and cities of the request of American Cast Iron Pipe Company, the supplier of ductile iron, have furnished the Water Board with rather glowing reports concerning this product. In addition, American has furnished the Water Board with a list of cities and engineers who have used and specified this pipe. These documents, of course, tend to show that ductile iron pipe, although new, is a super- ior product. These letters, etc. are attached hereto as Exhibit B. C. The Water Board has also examined various technical articles concerning the tests of corrosion of ductile pipe as well as literature produced by ductile iron and cast iron manufacturers and the manufacturers of concrete pipe. These articles and brochures an attached as Exhibit C. Most noteworthy in the Board's opinion is the study made by Melvin Romanoff of the National Bureau of Standards and his conclusion, based upon extensive test- ing, that ductile iron corrodes generally at about the same rate as cast iron. D. Perhaps he most compelling information as far as the Board is concerned is a communication received f rom the American Water dorks Association setting forth its stand- ards for both ductile and concrete pipe. This communication and its standanb are attached as Exhibit D. The American Water Works Association is a non-profit organization dedicated solely to the water works profession. Its standards have wide acceptance throughout the United States. This association's new standards for ductile iron pipe are fully complied with in the specifications for the pipe for the City of Fort Collins as attested by the letter of the consulting engineers attached as a part of 111xftbit D. The conclusion of the association is that either ductile iron or pre -stressed concrete pipe will give satisfactory service for a period of from 75 to 150 years. CONCLUSION is the conclusion of the Water Board that based upon a full investigation there should be no hesitancy upon the part of the City in the introduction of large -size ductile pipe within the City's system. RECOMMENDATION The Water Board accordingly unanimously recommends that the contract for the construction of the water transmission lines be awarded to the low bidder, Turnpike Co tion. For the Water Board: Is/ Ward H. Fischer, President Motion was made by Councilman Bennett, seconded by Councilman Carson, that this recommendation of the Water Board be accepted and the bid be awarded to Turnpike Constructi Company of Broomfield, Colorado. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The proposed engineering contracts of J. T. Banner and Associates for the second phase of water and sewer construction projects, was presented to the Council. After discus Sion, the following resolution was presented and read at length: RESOLUTION OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING AGREEMENTS TO BE ENTERED INTO WITH J. BENNER & ASSOCIATES, INC., ENGINEERS 1 28S WHEREAS, the City Council has heretofore employed J. T. Banner & Associates, Inc., Engineers, with regard to the water and sewer works' expansion, and WHEREAS, said Engineers have completed the services for rich they have heretofore been employed, and the City Council desires to employ them to design the facilities for the accomplishment of the water and sewer projects and to supervise and inspect the con- dtruction of said projects, and WHEREAS, said Engineers have submitted, proposed agreements for their employment, which said agreements have been reviewed by the City Attorney and certain changes made, therein, and which agreements as changed have beena pproved by the City Attorney, and WHEREAS, in the opinion of the City Council, it is in the best interest of the City of Fort Collins to execute said agreements as changed. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the terms and conditions of said agreements be and the sfine hereby are approved, and BE IT FURTHER RESOLVED that the Mayor and the C ity Clerk be and they hereby are authorized and directed to execute said agreements for and on behalf of the City of Fort Collins. Passed and adopted at a regular meeting of the City Council held this 24t1n day of June, A. D. 1965. yor ATTEST: s/ Miles F. House ity Clerk Motion was made by Councilman Carson, seconded by McMillan, that this resolution be adopted. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The following communication was presented and read at length.: MOUNTAIN STATES INSPECTION BUREAU Mr. R. F. Boos City Manager P. 0. Box 580 Fort Collins, Colorado Dear Mr. Boos: February 10, 1965 Re: Fire Station No. 3, For$ Collins, Colorado Reference is made to your recent letter of February 8, 1965, concerning the con- struction of Fire Station No. 3 in the southern portion of the City. The proposed location of station in vicinity of northwest corner of Spring Park as outlined in Planning Director's evaluation of January 14, 1965, is considered fully sat- isfactory by this office. The design of a station at this location similar to that of Station No. 2 is fully satisfactory. In view of valuations and heights involved in this vicinity thought may be given to checking the size of apparatus floor and openings as eventually a ladder company may be located at this station. We are enclosing Special Interest Bulletins #175 and *176 concerning fire station planning and construction which may be of interest to you. When station construction begins we would appreciate your advices. Yours very truly, Isl Donald G. Mees Engineer Mr. W. B. Robb was present and presented the plans and specifications for Fire Station No. 3 to be erected on the Spring Creek Park and explained that the plans followed to great ext!emt the plans of Fire Station No. 2, except that the building had been enlarged a to some extent in order to provide public toilets and also room for /ladder truck company if it would be necessary to eventually add same to the fire department. Motion was made by ;ouncilwomen Quinn, seconded by Councilman Carson, that the plans and specifications be referred to the City Manager and he proceed to obtain bids immediately for construction )f this fire station. Roll was called resulting as follows: Ayes: Councilmen Johnson, ;arson, McMillan, Bennett and Councilwoman Quinn. Nayes: None. The President declared the notion adopted. 280 __- June 2h, 1965 The following report was presented and read at length: June 1, 1965 TO: Mr. R. Boos, City Manager FROM: R. Hollady, Chief of Police SUBJECT: Feasibility of Walking Beat - Downtown Area Sir: This report is an attempt to develop our reasons for refraining from establishing an around the clock walking beat in the immediate downtown area. For purposes of this report, the downtown area under discussion is outlined in red upon the attached maps. The statistics included herein reflect activity in the specific area from January 1, 1965,. to May 20, 1965. In addition, city-wide activity is included for the same period of time and may be used for comparison purposes. Crime and activity information is available for the dalendar year of 1964 if needed, but the nearly six month experience for 1965 should be sufficient. Respectfully submitted Isl Roy E. Hollady Chief of Police In the last twenty years, and particularly since 1955, police administrators throughout the United States have systematically and consistently been reducing and, .in most instances, eliminating walking beats. The rationale for such reallignment of police personnel is not too difficult to identify. F marily, the relatively recent change from foot to automobile patrol stemsifrom the enormous increase. in urban populations, and a lack of corresponding increase in police power. Addi- tional reasons for the transference are as follows: 1. To match the mobility of criminals - it is estimated that 95% of all crimes are committed with the aid of an automobile. 2. To increase police response time- 3- To increase police availability. 4. To meet the tremendous increase in ""called for servicea". 5- To provide coverage for rapidly expanding geographical areas of cities. 6. To provide means for transporting emergency equipment. 7• To provide means for transporting prisoners. Because of the variety of f,aotors mentioned above, foot patrol is an extremely expensive technique of crime prevention and control. Automobile patrol is mucy more economical and provides a police administrator the means to serve his community much more effectively and efficiently. Some of the major disadvantages of foot patrol are as follows: 1. Can cover small areas only- 2- Response time very slow- 3- Strenuous and tiring. 4. Low apprehension factor. 5• Low enforcement factor. 6. Cannot transport prisoners or carry emergency equipment. The major advantage to foot patrol is that personal contact with citizens may be more inti- mate. Hosever, it is generally conceded that the positive factors of auto patrol far out- weigh the few advantages of foot patrol. As indicated, foot patrol is fast disappearing in the United States. Even the major Amer- ican cities (Los Angeles, Chicago, St. Louis, Milwaukee, Detroit aid Philadelphia, to name a few) have vastly reduced the number of walking beats. Boston, to my knowledge, still retains quite a few but is now in the throes of reorganization and will almost certainly reduce t hem. A few small cities still retain walking beats, - largely as a traditional hold -over from the past. It is my considered opinion that the establishment of such a beat in our downtown area would be very expensive in terms of dollars, manpower and services rendered. It would take five men to man such a beat. The man would not render the services he could render if he was motorized. The crime and incident situation in the area in question does not warrant an officer on foot. Listed below is a list of criminal activity for this year to date. Mis- cellaneous activity is even of less significance. PART I OFFENSES 1.1 Murder & Non Neg. Mansl. 1.2 Mansl. by Negligence 2.1 Rape by Force 2.2 Attempt to Rape 3 I Robbery, Highway 3.2 Robbery, Comm. House DOWNTOWN AREA CITY WIDE — 0 0 0 0 0 0 1 0 0 0 0 290 June 24, 1965 - - -_ 4 3.3 Robbery, Gas Station 0 0 3,4 Robbery, Chain Store 0 0 3.5 Robbery, Residence 0 0 3.6 Robbery, Bank 0 0 3.7 Bobbery, Misc. 0 0 4.1 Assault w/Gun 0 0 4.2 Assault w/Knife or Cut. Inst. 1 2 4.3 Assa It w/Dang. Weapon 1 2 4.4 Assault w/Hands, Fist, Feet 1 2 5.1 Burg., Res. - Night 1 9 5.2 Burg., Res. - Day 0 4 5.3 Burg., Res. - Unknown 1 10 5.4 Burg. Non -Res. - N9git 4 17 5.5 Burg., Non -Res. - Day 0 1 5.6 Bug, NonPRes. - Unknown 0 2 6.1 Larceny from Building 3 67 6.2 Larceny, Coin Machine 1 1 6.3 Larceny from Auto 0 86 6.4 Larceny, Auto Accessories 5 47 6.5 Larceny, Bicycle 78 6.6 Larceny, All Other 3 47 6.7 Larceny, Pocket Picking 2 6.8 Larceny, Purse -Snatching 0 0 6.9 Larceny, Shop -Lifting 7 Auto Theft 9 37 Traffic accidents are always high in the area but a walking officer does not prevent acci- dents. Incidentally, larceny by shoplifting is not listed since all of them occur indoors in private businesses. Neither auto nor foot patrol can prevent such criminality. Our downtown area receives the most patrol of any area of the city. The four patrol beats are contiguous with College Avenue (north and south) and Mountain Avenue (east and west). Our patrol officers check bars in both daytime and night time. In addition, a pDi nclotthes officer -patrols the downtown bars on weekends. Enforcement is tough and consistent. In summary, I would prefer not to establish a walking beat because it is economically un- feasable and operationally inefficient. Respectfully submitted, /s/ Roy E. Hollady Chief of Police Chief of Police Hollady was present and spoke briefly on some of the phases of the report just presented. Motion was made by Councilman Bennett, seconded by Councilman Carson, that the report of the Chief of Police be accepted and approved. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The following communication was presented and read at length: DOWNTOWN MERCHANTS ASSOCIATION June 2, 1965 Fort Collins City Council Fort Collins, Colorado Gentlemen: The Downtown Merchants Association has shteduled the annual sidewalk and street bazaar and carnival on Tuesday and Wednesday, July 20 and 21. We again ask that the council approve the closing of the 100 block of North Colle geAvenue also the 100 and 200 block of South College Avenue to automobile traffic from 6:00 P.M. July 19 until 1:00 A.M. July 22. We will also need the help of the City Light and Power Department to provide power for the carnival rides and bazaar booths which will be situated in the middle of College Avenue. The Council in the past has provided extra police protection on the two nights of the bazaar and city street crews to clean College Avenue after the carnival leaves early on the morning of July 22. The bazaar has attmacted many people from surrounding areas to Fort Collins, and is a very popular event withthe townspeople. We hope it will have additional significance this year by way of emphasizing Fort Collins as a city with a progressive downtown business area. Out bazaar committee chairman, Mr. Jim Mucklow, or myself will be at the council meeting Thursday in case any specific questions concerning the event arise. Respectfully, /a/ William Keck President Downtown Merchants Assn. Motion was made by Councilwoman Quinn, seconded by Councilman Johnson, that this request of the Downtown Merchants be approved. Roll was called resulting as follows: Ayes: 291 Councilmen Johnson, Carson, McMillan, Bennett and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The following communication was presented and read at length: PARKWOOD, INC. P. 0. Box 575 June 23, 1965 Mr. William H. Allen Re: 12" Waterline from City of Fort Collins Stuart Street to Parkwood Entrance IGentlemen: In discussions with the City Manager and the City Engineer it was suggested that we write a letter to the Council spelling out our request concerning the oversized water line to service Parkwood. In compliance with that request the following are the costs as per bids from G. R. Spencer Construction Company. We have this day, June 23, 1965, paid all the bills for the installation of the line, the pipe the valves, plugs, etc. We guarantee that no liens or assessments will be filed as a result of doing this This work was done for the total cost of $15;186.50, broken down as follows: 2450 feet of line @ $5.37 per foot $13,156.50 Engineering & Supervision 750.00 Crossing Lemay Avenue 200.00 Valves, Plugs, Etc. 1,080.00 Total Cost of Installing Line $15,186.50 We hereby request the City Council to reimburse Parkwood, Inc, in the amount of $6.,074.60, as per the new iine.orWewould appreciateyourprompt nstates acity attentionreimburse the subdivider for 40/ of all 12" We also request that the City Council approve an agreement for the remaining 60% of this 12 line. We would appreciate your prompt attention to this. We also request that the City Council approve an agreement for the remaining 6o% if this 12" line or $9,111.9C in the same procedure which we have with the City along with Woodward Governor, whereby we will be repaid the cost of the oversize sewerline down Lemay Avenue. This same arrangement was also made with the City for Indian Hills some years ago. You should have a letter before you, outlining the footage for the adjoining property owners between Stuart Street and Parkwood. Again, we will appreciate your prompt attention to this matter. Very truly ,yours, PARKWOOD; INC. /s/ Leslie G. Everitt, President ATTEST: /s/ Gerald R. Haxton, Secretary The following letter was presented and read at length: ALLEN, STOVER and MITCHELL June 18, 1965 The Honorable Mayor and City Council, City Manager and City Engineer of the City of Fort Collins, Colorado Fort Collins, Colorado IOentlemen: Parkwood, Inc. has discussed with the eng fgomeStuagrtdStreeteto the entrancent the tiofn of a twelve inch water line on Lemay Avenue be ravaiila lcertain Parkwood First Filing. This linewill that can betservedf romtthisPline rare sasafollows: front footages of each of the properties FRONT FOOTAGE % OF TOTAL OWNER 26.74 1305 L.F. Highlands Development Co. i3o5 L.F° 26.74 Ed Johnson 1135 L.F. 23.26 5 L.F. 23.26 113 Vandewark Farm 0 L.F. 100.00 � Parkwood, Inc. tion of this line It is our understanding of atheptootalmcost;on of the that the balance cwill be repaid from he City of Fort Collins will pay 4 tap fees as the line is used on each of the four properties above listed. ents cerning of o a I n many instances the subdivider, and edtbelieve mthat innconnection ewith athis tcon- trunk lines constructed by the Cit, struction we are ready to make an agdesire. oThealine isenowtter beingsconstructedoandiwillity be Manager and Engineering Department, 292. completed very shortly. We would appreciate the decision of the City as to how this is to be handled as quickly as feasible. We anticipate having a certified copy of the costs of t he line available prior to Thursday, June 24. Very truly yours, /s/ William H. Allen After discussion, motion was made by Councilman Bennett, seconded by Councilwoman Quinn, that this matter be referred to the City Manager and City Engineer to establish a set policy in reference to the above request. Roll was called resulting as follows:. Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. Mr. W. H. Allen was present and asked the Council if they had considered the por- tion of water rights offered by Parkwood, Inc. which consisted of 27 shares of Arthur Ditc water and some shares in the Sherwood irrigation ditch. Mayor Johnson, representing the Water Board, stated that the City was interested in the 27 shares of Arthur Ditch Water but did not care about the Sherwood Irrigation Water. Motion was made by Councilman McMillan, I seconded by Councilman Carson, that the City proceed with the purchase of the Arthur Ditch irrigation water offered by the Parkwood, Inc. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Councilworea n Quinn. Nayes: None. The President declared the motion adopted. The following report was presented and read at length: Mr. Stan Case Acting City Manager June 21, 1965 Re: R/W acquisition - Water and Sewer Bond issue construction. Attached is a final report of the department's efforts to acquire the above right- of-way. The tabular summaries are separated into three groups for both water and sewer. Group "A" includes he names of property owners who have signed right-of-way agree meets which provide compensation the department considers to be reasonable. These agree- ments will be available for the Mayor to sign at the June 24, 1965, Council meeting and it is our recommendation that this be done. Group "B" includes the names of those property owners who have made, ghat the department considers to be, unreasonable demands. The City Attorney has written to each of the property owners advising them that the demands seem unreasonable and that if further negbti9tivn is not possible recommendation will be made to Council that condemnation pro- ceedings be entered into. If the City Attorney has no further information at the June 24, 1965, Council meeting, we would recommend that condemnation be started. Group "C" includes the names of those persons who have not, for one reason or another, given the department a definite answer. The City Attorney has been asked to con- tact each one and should have more information at the June 24, 1965, Council meeting. If a all possible some definite action on these (either signing of an acceptable agreement or instigation of condemnation proceedings) should also be taken at the 24th meeting. /a/ C. Adam Fischer Public Works Director. REPORT TO COUNCIL R/W ACQUISITION WATER AND SEWER BOND ISSUE CONSTRUCTION PROPERTY OWNER LENGTH COST/FT. * OTHER TOTAL COST COST rrrr WATER-rrr A,) PROPERTY OWNERS WHO HAVE SIGNED R/W AGREEMENTS WHICH INCLUDE COMPENSATION THE PUBLIC WORKS DEPARTMENT CONSIDERS REASONABLE. 1. State Board of 5,549.5 $ 0.65 $ 3,607.17 $ - 3,607.17 Agriculture a. 2. Carl Solomon 689.2 0.50 344.60 344.60 689.20 b. 3. Harry C. Hepting 594.0 0.50 297.00 630.00 927.00 4. Douglas M. Murray 320.0' 0.50 16o.00 C. 160.00 293 5. Elliott -Miller Cons. 500.0 d. Company 6, Bill Michael 700.1 $ 0.50 $ 35o,05 C. 0 350.05 7. Russell E. Connor 1,285.7 0.50 642.85 - 642.85 8. Victor A. Gilsdorf 1,950.4 0.50 e. 975.20 780.16 1,755.36 9. Lowell Little & 369.6 0.50 184.80 C. 184.80 Don Anderson u. State Board of Agriculture 1,649.2 0.75 1,236.90 - 1,236.90 1. Earl Manley 580.0 0.50 290.00 - 290.00 2. C.S.U. Research 3,133.7 0.83 2,600.97 - 2,600.97 Foundation 3. State Board of 2,690.0 0.75 2,017.50, - 2,017.50• Agriculture Totals . 20,oll,4 14,461.80- a.) Crop damage paid at the rate of $0.50 per foot for the full length of 689.2 feet - to compensate for the partial loss of an existing fruit orchard. b.) Crop damage paid at the rate of $35.00 per ton at an expected yield of 42 tons per acre, for crop damage over an area of 4 acres. c.) Crop damage paid at the rate of $35.00 per ton at- an expected yield of 42 tons per acre for crop damage over the actual area damaged. Damages to be calculated and paid at the completion of construction. d.) Wat.er taps without charge at, the future streets of Ash and Banyan. e,) Crop damage and the right to use the -single access to the property during construe tion. NOTE: It should be noted that the payment for right-of-way through each of the University stomary $0.50 Per foot figure. Crop damages have been properties exceeds the cu totalthe hreduced included dnfeels in each case in eachdinatan,ethefiguresatrercost per foot. The reasonable. departme MADE DEMANDS THE PUBLIC WORKS DEFA RTMENT CONSIDERS TO BE B.) PROPERTY OWNERS WHO HAVE UNREASONABLE. _ _ a. • George Von Vihl 1,291.3 - b, .o 0.50 250.00 500.00 759.00 • 0. B. Fuqua 5ooc.384.39 576.59 R,I.39 0.50 192.20 • Bill Michael �� $ 1,326.59 Totals 2,175.69 Mr. Von Vihl insists that for granting the right-of-way, the street of his subdivision, water line will be located, be improved to meet County Specifications. In where the addition Mr. Von line Vihwould require the installation of 3 fire hydrants, •) ges at the rate of $1.00 per foot for damages to his pas- Mr,.Fuqua insists on crop dama ture. •) on crop damages at the rate of 1.00 per foot for damages t o his Mr. Michael insists Pasture. SIGNED AGREEMENTS. C.) OTHER PROPERTY OWNERS WHO HAVE.NOT YET 67.8 - a. - • Helen L. Michael - b _ 22 231.7 • Carl W. Birky Total 2,299.5 a.) Mrs. Michael has turned the matter over to her ttoannefirm committmentMr. Dickerson iandehave Attorney Arthur March. The department has not been successful n getting referred the matter to City b.) The property of Mr. Birky is being subdivided. We have however been assured by neer that right-of-way *dill be available before construe - the new owner and his engi tiom starts. 294 June 24, 1965 PROPERTY OWNER LENGTH COST/FT.r OTHER TOTAL COST (FT) COST ------- SEWER -------- A.) PROPERTY OWNERS WHO UAVE SIGNED R/W AGREEMENTS WHICH INCLUDE COMPENSATION THE PUBLIC WORKS DEPARTMENT CONSIDERS REASONABLE. 1. W. H. Schrader 71.38 $ 0.'50 35.69 r 35.69 2. City of Fort Collins 100.0 - - - - 3. G. A. Fink 410.82 0.50 205.41 - 205.41 4. Loyd D. West 1,004.0 0.50' 502.00 a. 502.00 5. James A. Cowan 246.9 0.50 123.45 - 123.45 6. Melvin L. Slagle 200.16 0.50 100.08 b. 100.08 7. Pilgrim Holiness 170.42 0.50 85.21 - 85.21 Church 8. Ralph Drake 80.91 0.50 40.46 - 40.46 9. Walter A. Smith 522.07 0.50, 261.04 - 261.04 10. Poudre Rsl School 643.98 0.50 876.99 - 876.99 District No. 1 C. 11. L. C. Hadachek 184.37 0.50 92.19 72.00 164.19 d. 12. A. R. Burns 363.34 0.5.o 181.67 393.75 575.42 13. A. R. Burns 220.60 0.50 110.30 - 110.30 14. Audrey M. Weitzel 383.56 0.50 191.78 e. 191.78 15. Larimer County 18.07 0.50 9.04 - 9.04 Development Co. 16. J. H. Garrison 405.77 0.50 202.89 - 202.89 17. W. H. Rutherford 122.95 0.50 61.48 - 61.48 16. Larimer County 545.94 0.50 272.97 - 272.97 19. Development Co. Dan Conley 693.66 0.50 346.83 - 346.83 20. C.S.U. Research 557.74 0.75 418.30 - 418•30 Foundation Totals 6,956.64 4,583.53 a.) Drill a water well to replace an existing well being destroyed by the con- stuction. Approximate cost $400.00. b.) Crop damage paid at the rate of $35.00 per ton at an expected yield of QF tons per acre over the actual area damaged, but not less than a acre. Damage; to be calculated and paid at the completion of construction. c.) .Damage for loss of crop - estimated 48 bales of feed @ $1.50 = $72.00.. d.) Crop damage paid at the rate of $35.00 per ton at an expected yield of 4z ton per acre over 2.5 acres. a.) Crop damage paid at the rate of $35.00 per ton at an expected yield of 4- ton per acre over the actual area damaged. Damages to be calculated and paid at the completion of construction. B.) PROPERTY OWNERS WHO HAVE MADE DEMANDS THE PUBLIC WORKS DEPARTMENT CONSIDERS TO BE UNREASONABLE. Jack D. and 554.89 P. L. Forney a. Forney Industries 991.60 b• John M. Ball 649.83 c. W. B. Redd 228.13 d• Total 2,424.45 a.) Mrs. Jack D. and P. L. Forney require 3 sewer tapa without charge in addition to the 00.50 per fbbt. b.) Forney Industries require 7 sewer taps without charge in addition to the s0.5 per foot. c.) Mr. Ball requires 295 June 24, 1965 -reduction in permanent easement from 20 to 17 feet -one 4it sewer t ap at no charge -no requirement annex any part of 132 acres -sewer service charge to be same as in City -length of time be specified and Mr. Ball be paid $10.00 for every day over -length of time be specified on fence replacement and Mr. Ball be paid $10.00 for every day over -entire 100 foot construction easement be taken off South side of centerline -crop damage be paid on 32 acres at the rate of $20.00 per acre. C.) OTHER PROPERTY OWNERS WHO HAVE NOT YET SIGNED AGREEMENTS. 1. L. H. Blakney and E. H. Barker 74.55 a. 2. Clive B. Pearson 433.36 b. 3. Pat Griffin 165.o C. Total 672.91 a.) The department has been unable to get Mr. Blakney and Mr. Barker to give a definite answer. The matter has been turned over to City Attorney Arthur March. b.) Mr. Ralph Coyte who represents Mrs. Pearson has not given the office a defi- nite answer. The matter has been turned over to City Attorney Arthur March. c,) The department has been unable to get Mr. Griffin to give a definite answer. The Matter has been turned over to City Attorney Arthur March. /s/ C. Adam Fischer Public Works Director. The City Attorney reported on portions of the previous report which had been referred to his office and said that in some cases negotiations had resulted in right-of- way agreements to be signed, but that it appeared that it might be necessary to condemn some of the right-of-ways. Motion was made by Councilman Bennett, seconded by Councilwoman Quinn, that the City Attorney undertake condemnation proceedings against the properties a where necessary to obtain/right-of-way which cannot be negotiated for a reasonable price. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The following communication was presented and read at length: June 21, 1965 To: The Honorable Mayor and City Council From: Stanley R. Case, Interim City Manager Subject: Report of Bid Opening on Aviation Gasoline Bids were opened on June 15, 1965, for supplying aviation gasoline at the Fort Collins - Loveland Airport for the period July 1, 1965 - December 31, 1966. Following is a summary of the bids received: 80/87 octane 100/130 Octane Company Company 25.0¢ per gallon 27.0¢ per gallon Phillips Petroleum p ny 30.6¢ per gallon 33.6¢ per gallon Texaco, Inc. listed above include tax and two cents per gallon for amortization Both Prices of pumps, talks, and related delivery equipment which the successful bidder will install. The Fort Collins- Loveland Airport Committee recommended that the low bid of Phillips Petroleum Company be accepted. /s/ Stanley R. Case Interim City Manager Motion was made by Councilman McMillan, seconded by Councilman Bennett, that the low bid of Phillips Petroleum Bompany be accepted. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Councilwoman Quinn, Nayes: None. The President declared the motion adopted. The City Attorney reported that Miller and Layland had one-half share of Pleasant Valley and Lake Canal water which they wished to sell tot he City. Motion was made by Councilman Carson, seconded b y Councilwoman Quinn, that the City Attorney proceed to obtain the above water right. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. 296 The following communication was presented and read at length: June 21, 1965 June &, 1965 _ To: The Honorable Mayor and City Council Dear Members, Due to ill health .I wish to resign from the Zoning Board of Appeals. I have enjoyed my work with the many fine men. The Zoning Ordinance has been a good thing for the City. Sincerely., /a/ Byron Albert Motion was made by Councilwoman Quinn, seconded by.Councilman McMillan, that the resignation of Byron Albert be accepted and that the City Attorney T epare an appropriate resolution commending Mr. Albert for his long service on the Zoning Board of Appeals and that the City Manager obtain a plaque for Mr. Albert. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. Motion was made by Councilman McMillan, seconded by Councilman Bennett, that Harold E. Hafer be nominated to replace Mr. Albert on the Zoning Board of Appeals. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Councilwomen Quinn. Nayes: None. The President declared the motion adopted. The City Clerk advised the Council that the term of George Fischer, who replaced Albert Fischer on the Zoning Board of Appeals, had expired and that his re -appointment shou be made effective as of April 18, 1965. The folloing report was presented and read at length: June 9, 1965 Robert F. Boos City Manager Bids were received by the Purchasing Agent, Tuesday, June 8, 1965, at 1:30 P.M. for prestressed bridge beam decking for bridges over Spring Creek on: Remington Street and Stover Street. The tabular summary of the bids received is as follows: 1. Prestressed Concrete of Colorado, Inc. -------------------- 9,545.00 2. Rocky Mountain Prestress, Inc. ---------------------------- 10,080.00 Bids in both instances include complete shop drawings for approval prior to con- stuction of beams, erection of beams, bearing pads and end closures. ;: Deduct $.672.00 if end closures to be furnished by others. Both bids are acceptable. We would recommend that the low bid be accepted. Money is included in the current budget for the construction of these bridges in the following : Capital Improvement Fund Acct. No. 723 Remington Street Bridge Construction $ 6,500.00 724 Stover Street Bridge Construction 6,o00.0o Total $ 12,500.00 C. Adam Fischer Public Works Director. Motion was made by Councilman McMillan, seconded by Councilman Carson, that the recommendation of the Public Works Director be accepted and that a low bid be approved. Roll was called resulting 'as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Councilwoman Quinn. Nayes.- None. The President declared the motion adopted. 297 The following letter was presented and read at length: 1605 Layland Court Fort Collins, Colorado June 21, 1965 City Council Fort Collins, Colorado Gentlemen: On May 31, 1965, one of our sons, who is nearly six year old, slipped on the mudd3 embankment and fell into the full Larimer County Canal #2 on Bryan Avenue next to the ball field bridge. He managed to save himself by pulling up on the long grass. He was wet to the shoulders. I feel that came very close to drowning, and I would like the canal fenced. Many children use Bryan Avenue to reach City Park and the ball field. We should safe guard our youngsters from a drowning accident. Yours very truly, /a/ Mrs. Carolyn Ripley The following petition was presented: We the undersigned, residents of Fort Collins, do hereby request the City of Fort Collins to consider the fencing and repair of fences along larimer County Canal #2, south from LaPorte Ave., to Mulberry St. There have been several near mishaps this summer already with the ditch running near over -flow. We would appreciate consideration of the petition before a tragedy occurs. The petition attached contained 89 signatures. The following report was presented and read at length: May 12, 1965 TO: R.•F. Boos, City Manager FROM: Harold D. Lynch, Administrative Assistant to the City Manager SUBJECT: Request of Putnam School PTA for Fencing Irrigation Ditch in the City Park Neal Morehart representing the Putnam School PTA talked to the undersigned last week concerning the possibility of the City fencing Larimer County No. 2 Irrigation Ditch between Mountain Avenue and Oak Street in City Park. The PTA believes the open ditch is a safety hazard. The request was the result of a child falling in the ditch on April 23, 1965 (copy of Police Report attached). To my knowledge theta has been one drowning in this ditch approximately eight years ago. The undersigned checked this ditch on May 11, 1965, at that time the ditch was dr The depth from the top to the bed of the ditch varies from approximately 4 feet •toz feet. It is my understanding that when the ditch is full, the water depth sometimes slightly ex- ceeds 4 feet and spills over the edge of the ditch where the bank is low. The portion of the ditch that the PTA has requested be fenced is approximately 25 feet long. The .cost to have this fenced contractually with a 4 foot chain link is 5,202.00 (425, x 2x $6.12). If City, crews d id the work the cost of materials only would be 3.96 per foot for a total cost of 43,366.00. It should be pointed out that south of Oak Street, the ditch runs approximately 1, 6001 additional feet. through City Park to Mulberry Street. The first 800 feet. of this part of the ditch is fenced with chicken wire and the last 800 feet not fenced. (See attached sketch.) If the City were to undertake fencing all of the ditch throu gh City Park,. the cos for 4 foot high chain link would be $14,994.00 contractually or $9,702.00 for materials with cost to do the entire job with light wire and City labor City crews doing the work. (The would be estimated $2,900.00.) It would seem logical that if the City were to fence the part of the ditch between Mountain and Oak, that the City should fence the entire ditch through the park. .Inherently, one part of the ditch is no more hazardous than the other. The one additional hazard in the section between Mountain and Oak is the close proximity of small children. A trailer Park is located immediately east of the ditch across Bryan Avenue (a lightly traveled street and the prob-bility of pre-school age tchildren wandering across the street ditch Isnot here is great. The probability of this happening at eat since it is bounded on the north by City Park, the east by the lake, the south by Mulberry Street, and on the west by the road and fire station. Respectfully submitted, /s/ Harold D. Lynch Administrative Assistant to the City Manager After discussion as to the cost of erecting a fence as requested and as o the advisability of setting a precedent for permanent fencing on the ditches in the City. It. was the opinion of the Council that the erection of a temporary snowfence to be erected unti. the legal problems involved could be investigated. Motion was made by Councilman McMillan, seconded by Councilman Bennett, that the City proceed to ergot a temporary snot fence in the area requested and that an investigation be made in the legal question involved. Roll was 298 _ June 24, 1965 called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The following proposal was presented and read at length: GOLF COURSE PROPOSAL for FORT COLLINS, COLORADO It is a fact that our City needs and deserves a high quality public golf course. The Fort Collins Temporary Park Advisory Committee in its mere ting of February 23, 1965, re corded that the usage of the Fort Collins golf course was steadily increasing and that many golfers are .now going to other courses out of the city because of t he over -crowded .condition of the City course. Loveland has expanded its course to a regulation eighteen holes to meet its growing demands. Since it is impossible to expand our existing course, a new facility is a necessity. Possible solutions to this problem are as follows: 1. Private owned and private operated facility 2. Public owned and public operated facility 3. Public owned and Association operated facility 4. Public owned and private operated facility A completely private operation has at least two major disadvantages. Although a g-)lf course can operate on a self-supporting basis, it cannot amortize the land and devel ment investment. Also, the history of this type of operation has been that they afie fin- ally purchased bya private club and the public loses the use of the facility. There are many successful public owned and operated facilties. However, many cit- ies have taken the position that while they have an obligation to provide such facilities, they do not want to be in the golf business, The Association operated facility has worked quite well for our city in the past. However, in the same Advisory Committee meeting noted above, it was recorded that the local golf association wishes the City to take over the operation of any new course. In our opinion';. the best solution would be a public owned and private operated facility. On this basis we submit the following proposal. The attached development master plan included an eighteen hole, par 70 champion- ship golf course of the highest quality.. In addition to this, we submit a golf course study prepared by Mr. Frank Hummel, Golf Course Architect. This course is lo.ca ed on the Herb Spencer Farm, immediately south of Fort Collins between College Avenue and LeMay Avenue. We would like to call your attention to a few of the. many advantages of this pro- posed development. 1. Location: Perhaps the greatest single asset of this proposal is the location. Adjacent to the city lints, it is easily accesible from bothCollege Avenue, LeMay Avenue and from Stover Street when connected. It is definitely in the residential growth pattern and is designed to fit into the overall city master, plan. Many golf courses located fur- ther from a city eventually become surround6d with industrial enterprises or, at best, create a block to the orderly growth of a city and to its traffic flow. 2. Course: The course is designed to fully utilize the natural terrain of the area. The gentle rolling slopes will make walking a pleasure yet create a scenic and challenging layout. About ninety percent of all golfers hit the ball with a fade or slice to the right. A shot of this type will never go toward a housing area. Players will cross streets only twice during the entire round. The trees are placed so as to require accuracy on the part of the good player and provide more leeway for error for the average player. Everything has been planned "first class," including the fully automatic sprinkli system. Indeed,t he course will be a real tribute to our wonderful city. 3. Vacatiotmers: Easy accessibility from highway 287 and a planned promotional campaign will help bring more vacationers t hrough Fort Collins and encourage more of them to stop for awhile. 4. .Water: The Spencer Farm carries with it 240 units of Horsetooth, 5-3/20th8 sna 9 of Mercer and 3-20ths shares of. No. 2 canal. Lakes and reservoirs are designed to make use of an existing drainage the system, an existing well and some of the irrigation water rights. A great deal of water will be available for sale or transfer to the city. 5. Convention Facilit : The overall master plan includes an area of from 5 to 20 acres along the future ollege Avenue service road for a Motel -Hotel Convention facility. This would represent a tremendous asset to the community; an asset it needs and deserves- 6. Industrial Attraction: The fact that Fort Collins would have this great golf course and a future convention center would be two more assets in attracting the type of industry we desire. 7. xevenue: It is our intention to apply for annexation with each subdivision filing, this creating additional tax base for the City. In addition, the course itself will provide a substantid revenue to the city as will be shown in subsequent information. The foregoing information forms the basis for the following proposal. 1. Land - We propose for the city to purchase the land, as indicated on the mas- ter plan. While our purchase option is for $2,100 per acre, the feasibility study, just completed, allows us to furnish the land to the city for $1,600 per acre. The course and clubhouse facilities require approximately 120.5 acres. this represents a purchase price V 299 of $192,800. 2. Course Improvements - The attached report by Mr. Frank Hummel Golf Course Architect, requires a total improvement cost of 0228,626. Of this amount, J29,636 is for maintenance equipment and supplies, which should be the responsibility of the operator, thus leaving a net of $198.990 to opening date in June, 1966. 3. Club House and Parking - The Cost of the club house and blacktopping would have to be determined from the final approved design. The operator would be .responsible for furnishing and equipping the building. 4- Operation - Though this item is not a contingency of the sale, the Pro -mana- gement Company desires .to lease the entire facility for the maximum term permitted by statute (20 years). The lease fee would be 50¢ per round played. Fees would be $2.00 on weekdays and $3.00 on Saturdays, Sundays and Holidays., Special rates would be charged for twolight play, probably $1.25 and $2.00. It is suggested that the city give consideration to crediting all or part of this 50� to registered city residents as a special advantage to such people. 5. Feasibility - The feasibility reasoning for the purchase of this facility by the City is based upon the concept of asset transfer. The total expenditure by the city, exclusive of the club house and blacktopping, would be $391,790. using a minimum assumpti of 25,000 rounds of play per year would create income of $12,500 for the city. This is a little over 3% return for the invested capital. The maximum Play possibilities would bord on 50.000 rounds and would mndoubtedly be achieved within the next twenty years. This cou create an income potential of $25,000 per year. Mr. Hummel informs us that the ping rate being paid by a Texas holding company for courses of this nature is $5o0,000 to 600.000, depending on the population area. In our opinion this course will represent a million dollar facility prior to the end cf the lease period. 6. Time - Time is of essence in this proposal. The fact that work must begin by July loth if the improvements are to be completed for good Fall growth and the fact that our option expires in the near future emphasizes this statement. 7. Acquisition - Acquisition by the city may be in cash or by contract. In either case, the cash or contract borrowing power would be escrowed in a local bank to assure completion of the facility. Amounts would be released as title was acquired or work completed. We have invested considerable money in options, surveys, golf architectural design and studies to assure the feasibility of this project. We are thoroughly convinced that the Spencer Farm is the prime location for this fine addition to our city. We are conficent that the individual abilities and past histories of each member or our management team will assure the complete success of this project. Items: Land Improvements Blacktopping (Est.) Club House (Est.) Tot Purchase Price Terms: Submitted by: GOLF COURSE PROPOSAL CONTRACT PURCHASE DETAIL 192,800.00 198,990.00 15,000.00 33,210.00 440,000.00 Frank Hooper 10% down and the balance over 20 years in equal installments at an interest rate 1°% less than that charged by the financial institution lending the funds to Pro -Manage- ment Company-. All borrowed funds would be escrowed in a local bank to assure completion of the facility. (Downpayment and installment period is flexible, interest factor is not). 20 vear net cost to Port Collins Year Estimated Lease Contract Payment Net Outlay Rounds Played Income @ 5% Assumption To the City 1 None None $ 44,000 0 44,000 22 20,000 10,000 39,600 29 ,600 3. 23,000 11,500 38,610 27,110 4. 26,000 13,000 37,620 24,600 5. 29,000 14,500 36,630 22,130 6. 32,000 16,000 35,640 19,640 7. 35,000 17,500 34,650 17,150 8. 38,000 19,000 33,66o 14,660 9. 41,000 20,500 32,670 12,170 10. 44,000 22,000, 31,68o 9,68o 11. 47,000 23,500 30,690 6,190 12. 50,000 25,000 29,700 4,700 13. 50,000 25,000 28,700 3,710 14. 50,000 25,000 27,720 2,720 15. 50,000 25,000 26,730 1,730 16. 50,000 25,000 25,74o 740 17. 50,000 25,000 24,750 250 18. 50,000 25,000 23,76o 1,240 0 000 50,000 25,000 22,770 2,230 20. 25,000 21,780 3,220 21. 500000 25,000 20,790 4,210 Total 20 Year Net Cost 220, 00, Average Net Cost P-er Yr.$11,470 June 2h. 1965 Mt. Frank Hooper, a representative of Pro -Management Company,was present and presented a plat of the Golf Course layout and explained some of the questions involved in getting this matter under way. After consideration by the Council and discussion, motion was made by Councilman McMillan, seconded by Councilman Carson, that this proposal be accept' ed and that Mr. Hooper get together with the Park Advisory Board for consideration and re- commendation of methods of financing required. Roll was called resulting as follows; Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Councilwoman Quinn. Nayes: None. The President declared the motion adopted.. Mr. Gene Fischer advised the Council that he snd Mr. Rauch had water rights available for selling to the City consisting of some Pleasant Valley and New Mercer Ditch Co. shares and wished to know whether the City would be interested in purchasing same. Motion was made by Councilman McMillan, seconded by Councilwoman Quinn, that this matter be referred to the Water Board for negotiation and the City Attorney to prepare the necessary agreement to the Water Board's Recommendation. Rollues called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and -Councilwoman Quinn. Nayes: None. The President de- Iclared the motion adopted. The following communication was presented and read at length: June 14, 1965 J. T. Banner and Assoc., Inc. !Fort Collins, Colorado (Gentlemen: This will acknowledge receipt of your letter of June 9, 1965, which serves as a Notice to Proceed on project known as 'Sewage Collection Lines for the City of Fort Collins.9 /s/ W. Lacer, Project Manager The following communication was presented and read at length: June 11, 1965 Mayor Harvey Johnson City of Fort Collins Dear Sir: There is a problem of the possiblilty of flooding of my property during a heavy rainstorm from an annexation of the City of Fort Collins called University Acres. I have cussed it with the past city engineer and other personnels with no complete solution. In the ten years before the development, any rainfall that exceeds two inches have caused floods across my property on 1619 and 1623 Lemay Ave. Such rainfall and flooding, I have considered as an Act of God. Since the development of University Acres, any rainfall that approaches one half of inch have caused great concernment as the drainage channel across my property fills to its capacity. For the past three years, we have not received more than one half inch from any one storm and have often wondered what would happen if we received two inches of rain. When such 'rain falls, I feel that the resulting flood cannot be called an Act of God. I believe, first of all, that the University acres has no right to allow any runoff to pass over another person's property as it seeks the natural drainage channel of Spring Creek during a storm. Secondly, I believe that the City of Ft. Collins have capable people who can find the solution to the problem. You will find that t he developed area had not planned an ade- quate drainage system before laying down the street which produces greater runoff. A sur- vey of area will show that there are not enough collecting drains. The runoff in parts of the area must run at least ten blocks to a drain producing a lake of muddy water and debris at the drain. (Pitkin and Leman) Thirdly, I believe that Mr. Bill Tiley and Mr. Bob Everett as the directors of the development should correct the situation as their responsibility by completing the drain age system to the point where all runoff of the area is carried to Spring Creek without flooding. There is a 30 inch line now carrying part of the runoff. The rest passes under Prospect Street at Lamey Avenue and then flows across my property in a ditch besides the roa . am not in the City and have no borders that touches the city limit but I am only about 150 feet from the line. The two showers of one hdf inch each of rain on Friday llth, 1965, have brought the broblem before us again. It is my desire thatt he City of Fort Collins considers the problem. It is my hope that you can eliminate the cause of p ossible flooding by the exam- ination of the runoff from the University Acres andt he construction of a proper drainage system. Sincerely yours Duane K. Johnson, 1623 Lemag Ave. 301 Motion was made by Councilman McMillan, seconded by Councilwoman Quinn, that this matter be referred to the City Manager for investigation. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Councilwoman Quinn. Neyes: None. The President declared the motion adopted. The following communication was presented and read at length: FEDERAL AVIATION AGENCY June 21, 1965 Honarable Harvey G. Johnson Mayor, City of Fort Collins City Hall Fort Collins, Colorado Dear Mayor Johnson: Reference is made to the letter of tentative allocation dated October 19, 1964, allocating funds in the amount of $97,000.00 under the Fiscal Year 1965 Federal -aid Airport Program for improvements to the Fort Collins -Loveland Airport. This allocation was issued on the condition that it would be automatically withdrawn in the event a Grant Agreement was not executed by June 30, 1965. It is recognized that the Cities of Fort Collins and Loveland have been unable t.o meet the above deadline due to circumstances beyond their control. In view thereof, the date for execution of the Grant Agreement for this project is hereby extended o September 30, 1965. Sincerely yours, /sl Charles J. Winger Chief, Airports Division Identical letter sent to Honorable Ray Patterson, Mayor, City of Loveland, Colo. The following letter was presented and read at length: CITY OF GOLDEN June 18, 1965 Mayor Harvey Johnson City of Fort Collins Fort Collins, Colorado Dear Mayor Johnson: As you know, the International Institute of Municipal Clerks' Annual Conference was held in Denver at the Brown Palace Hotel, May 24th through May 27th, 1965, and from letters and card that I have received from visiting delagates, and information from Mr. John Kerstetter, Executive Director in Chicago, this conference had the largest registration and had one of the best planned programs of all the past conferences. . The success of the convention was due to the hard work and long planning of the Local Arrang - ments Committee of which Miles House, your City Clerk, was a member. It was my pleasure to have worked with Miles on this program and I would like to have you IR thank him publicly for his work on the program. Yours truly, /s/ Clarence E. Mabb City Clerk -Treasurer The following communication was presented and read at length: CONGRESS OF THE UNITED STATES HOUSE OF REPRESENTATIVES Washington, D.D. June 9, 1963 Harvey G. Johnson, Mayor City of Fort Collins post Office Box 580 Fort Collins, Colorado Dear Mayor Johnson: Thank you for your letter of June 2. I am very glad to have your recommendation with regard to H.R. 6927• As I have written to Mr. MacRavey, this endorsement makes it much easier for me when the matter is brought up for consideration. With best wishes, Sincerely, /sl Wayne N. Aspinall VU2 The following resolution was presented and read at length: RESOLUTION OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING A LEASE TO BE ENTERED INTO WITH THE FORT COLLINS BREAKFAST OFTOMIST CLUB to WHEREAS, the Fort Collins Breakfast Optomist Club has requested that the City lease/it the island located in the Poudre River in Section 33--9--70, and WHEREAS, the reason for such request is to establish a place for camping by organ- ized youth groups, and WHEREAS, it is the opinion of the City Council that it is in the best interest of the City of Fort Collins to lease said island to the Fort Collins Breakfast Optomist Club for said purpose, and a lease has been prepared by the City Attorney providing the same. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF T HE CITY OF FORT COLLINS that the terms of the lease be and the same hereby are accepted and approved, and BE IT FURTHER RESOLVED that the Meyor and the City Clerk be and they hereby are authorized and directed to execute said lease for and on behalf of the City of Fort Collins Passed and adopted at a regular meeting of the City Council held this 24th day of June, A. D. 1965. 1 Harvey G. Johnson ATTEST: /s/ Miles F. House City Clerk Motion was made by Councilman McMillan, seconded by Councilman Carson, that this resolution be adopted. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The following resolution was presented and read at length: RESOLUTION OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING AN AGREEMENT TO BE ENTERED INTO WITH PAUL J. KANE WHEREAS, heretofore Paul J. Kane has sold to the City 100 shares of the capital stock of the North Poudre Irrigation Company, and WHEREAS, one condition for said sale was that the City agree to lease back said water to Paul J. Kane for a period of five years, the rental for said lease to be the asses sments on said shares, and WHEREAS, an agreement has been prepared by the City Attorney setting forth this agreement. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the terms and conditions of said agreement be and the same hereby are approved, and BE IT FURTHER RESOLVED that the Mayor and City Clerk be and they hereby are auth- orized and directed to execute said agreement on behalf of the City of Fort Collins. Passed and adopted at a regular meeting of the City Council held this 24t1a day of June, A. D. 1965. /s/ Harvey G. Johnson Mayor ATTEST: s Miles F. House lty Clerk Motion was made by Councilman Bennett, seconded by Councilwoman Quinn, that this resolution be adopted. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The City Attorney advised the Council that Mr. Earnest Blehm had offered the City 100 shares of Horsetooth water. Motion was made by Councilman Carson, seconded by Council- man Bennett, that the City proceed to purchase said water. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. 3031 Motion was made by Councilwoman Quinn, seconded by Councilman Bennett, that the Council adjourn. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Councilwoman Quinn. Nayes: None. The President declared the motio adopted and the Council adjourned. II ATTEST: AN i July 1, 1965 MINUTES OF A REGULAR MEETING OF THE COUNCIL OF THE CITY OF FORT COLLINS, Held Thursday, July 1, 1965, at 1:30 o'clock P.M. Present: Stanley R. Case, Interim City Manager. The City Clerk declared the Council adjourned for lack of quorum to July 2, 1965.