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HomeMy WebLinkAboutMINUTES-07/11/1974-AdjournedJuly 11, 1974. ' COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council -Manager Form of Government a l .I, Nancy P. Gray, duly elected Assistant Mayor for the City of Fort Collins, do hereby call the Council Meeting for July 3, 1974, to order and declare it adjourned to 5:30 p.m. on Thursday, CV July 11, 1974.. W Witness: Council Members Present: Bowling, Gray, Preble, Reeves, Russell, and Wilkinson. Absent: Fead Staff Members Present: Brunton, Bingman, Kane, Case, Cain, March, & Lewis. Minutes of adjourned meeting of June 27, 1974 approved Assistant Mayor Gray stated copies of the minutes had been received; hearing no corrections, she stated the minutes stood approved as published. Ordinance No. 41, 1974 adopted as an Emergency Ordinance establishing a Conservation Trust Fund Assistant Mayor Gray stated that in the 1974 legislative session House ' Bill No. 1084 had been adopted, which establishes a program of State grants to eligible counties and municipalities for the use, acquisition, development, and maintenance of new conservation sites. Councilwoman Reeves made a r:oticn seconded by Councilwoman Preble to adopt Ordinance No. 41, 1914 as an Emergency Ordinance. Yeas: Council Members Bowling, Gray, Preble, Reeves, Russell, and Wilkinson. Nays: None. 1 ' 2 ORDINANCE NO. 41, 1974 I BEING AN ORDINANCE CREATING A CONSERVATION TRUST FUND WHEREAS, House Bill No. 1084 enacted during the second .. regular session of the 49t1rGeneral Assembly of the State of Colorado authorizes each municipality to create a conserva- tion trust fund for the acquisition, development and mainten- ance of new conservation sites, and WHEREAS, House Bill 1084 appropriated $725,000.00 and addi- tional funds may be appropriated by the State in subsequent years for distribution to each county and municipality which creates a conservation trust fund and which certifies to the Department of Revenue that A has created such fund, and WHEREAS, the City Council of the City of Fort Collins desires to create a conservation trust fund and to qualify for distribution of such State appropriated monies. NOW, THEREFORE, BE IT ORDAINED,BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. That a conservation trust fund is hereby ' created pursuant to-C-.-R.S. 1963, §§ 138-1-98 and 139-88-20. Section 2. Any monies received from the State in 1974 and subsequent years for conservation trust funds purposes shall be deposited in said conservation trust fund and shall be expended upon direction of the City council only in accordance with the provisions of C.R.S. 1963, 5138-1-98. Section 3. That the City Manager is hereby authorized to prepare and sign on behalf of the City Council an affidavit certifying to the Department of Revenue that the City Council has established a conservation trust fund in accordance with House Bill No. 1084 and that the City wishes to qualify for distribution of State monies appropriated for conservation trust fund purposes. Section 4. In the opinion of the City Council an emergency exists requiring the passage of this Ordinance as an emergency measure pursuant to Section 6 of Article II of the Charter of the City of Fort Collins. House Bill No. 1084 did not become effective until July 1, 1974 and the City is -required to create a conservation trust fund by July 15 1974 in order to qualify for the funds to be allocated to 2 )� L 1 the City of Fort Collins, The passage of an ordinance other than an emergency within the time allowed is not possible. Therefore, this Ordinance is immediately necessary on account of such emergency and immediately upon its final passage this ordinance shall take effect and shall be published within five (5) days from the date hereof as required by Section 7 of Article IIof the Charter of the City of Fort Collins. Introduced, considered and finally passed by the affirm- ative vote of members of the City Council at an adjourned meeting of the City Council held this llth day of July, 1974. ATTEST: Assistant Mayor City Clerk Emergency Ordinance July 11, 1974 (Vote: Ayes 6; Nays 0) Published: my 16, 1974 Atte City Clerk Ordinance No. 42, 1974 adopted on First Reading concerning painting numbers on City curbs This Ordinance had been referred to the City Attorney for drafting, and Councilwoman Reeves inquired into the length of the permit. City Attorney March stated the Administration would bring the request to the Council with a recommendation to grant the permit in a certain way. Councilman Bowling made a motion seconded by Councilman Russell to adopt Ordinance No. 42, 1974 on first reading. Yeas: Council Members Bowling, Gray, Preble, Reeves, Russell, and Wilkinson. Nays:. None. Ordinance No. 43, 1974 adopted on First Reading amending the Landmark Preservation Commission Ordinance Assistant Mayor Gray stated this Ordinance had been discussed at a ' pre -agenda planning work session. The amendment accomplished two things: (1) it allowed landmarks to be designated without going through all the steps, providing the City had permission of the owners; and (2) it increased from 90 to 180 days the time in which the Commission has t� negotiate an alternate plan or an appropriate public or private use of the structure. 3— Councilman Wilkinson spoke in opposition to Section 2 of the Ordinance (180 day limitation), stating that six months of denying a person the right to sell their property is much too long. He personally wished to retain the 90 day limitation. Temporary Chairman of the Landmark Commission, June Bennett, spoke to the rationale in extending the time limits of the Ordinance. Also to the number of vacancies on the Commission. Councilman Bowling made a motion seconded by Councilwoman Reeves to adopt Ordinance No. 43, 1974 on first reading. Yeas: Council Members Bowling, Gray, Preble, Reeves, and Russell. Nays: Wilkinson. Resolution 74-68 adopted concerning requirements of National Flood Insurance Program regulations Director of Community Development, Roy Bingman, stated the scope of the work being done now is separated into two parts: (1) a definition of what a floodway district is as opposed to a floodway fringe area; and (2) reviewing with the County the flood plain Ordinance in preparation for public hearings. Councilwoman Preble made a motion seconded by Councilman Wilkinson to adopt the Resolution. Yeas: Council Members Bowling, Gray, Preble, Reeves, Russell, and Wilkinson. Nays: None. RESOLUTION 74-68 OF THE COUNCIL OF THE CITY OF FORT COLLINS ASSURING THE FEDERAL INSURANCE ADMINISTRATION THAT THE CITY OF FORT COLLINS WILL ENACT AS NECESSARY AND MAIN- TAIN IN FORCE ADEQUATE LAND USE AND CONTROL MEASURES WITH EFFECTIVE ENFORCEMENT PROVISIONS CONSISTENT WITH THE REQUIREMENTS OF THE NATIONAL FLOOD INSUR- ANCE PROGRAM REGULATIONS WHEREAS, certain areas of the City of Fort Collins are subject to periodic flooding or mudslides from streams causing serious damage to properties within these areas, and WHEREAS, relief is available in the form of federally subsidized flood insurance as authorized by the National Flood Insurance Act of 1968, and WHEREAS, it is the intent of the City Council to comply with land use and management criteria regulations as required in said Act, and . WHEREAS, it is also the intent of the City Council to recognize and duly evaluate flood and/or mudslide hazards in all official actions relating to land use in the flood plain and/or mudslide areas having special flood and/or mudslide hazards, and 1 1 1 4 WHEREAS, the City Council has the legal authority to ✓c;,�t land use control measures to reduce future flood loses _;;cuant to Article 20 of the Constitution of the State of Cc_prado and the Charter of the City of Fort Collins, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE C ?I OF FORT COLLINS, that the City Council hereby assures the Federal Insurance Administration that it takes the e�lowing legislative action: (1) The Director of the Department of Community Develop - is hereby appointed with the responsibility, authority a.;tj means to: x (a) Delineate or assist the Administrator, at his rccuest, in delineating the limits of the areas having s ial flood and/or mudslide hazards on available local mc�Qs of sufficient scale to'identify the location of building Rxq r _ (b) Provide such information as the Administrator m4t,, request concerning present uses and occupancy of the f?'eod plain and/or mudslide area. (c) Maintain for public inspection and furnishing urn request with respect to each area having special flood :;a✓ards,information on elevations (in relation to mean sea `ezel) of the lowest floors of all new or substantially i=roved structures; and (d) Cooperate with federal, state and local agencies and private firms which undertake to study, survey, ma= and identify flood plain or mudslide areas, and cooperate w,:.=,h neighboring communities in respect to management of ae_oining flood plain and/or mudslide areas in order to p-revent aggravation of existing hazards. (e) Submit on the anniversary date of this City's i•isi tial eligibility an annual report to the Administrator on tr:e progress made during the past year within the City in t1-!e development and implementation of flood plain and/or mudslide area management measures. (2) Take such other official action as may be reasonably n&Cessary to carry out the objectives of the program, and BE IT FURTHER RESOLVED that the City Council hereby Zr-.oints the Department of Community Development with the o%-_gall responsibility, authority and means to implement all ' 66nmitments made herein 5 6 PASSED AND ADOPTED at an adjourned meeting of the City Council held this llth day of July, A.D.+1974. ' Assistant Mayor ATTEST: City Clerk Resolution 74-69 supporting Colorado Council on Joint Energy Resource's . Director of Utilities, Stan Case, responded to questions of the Council regarding the Articles of Association, the membership fee, and the total time devoted to the project. Mr. Case further addressed the conditions of the energy crisis and the function of the committee to support and promote the passage of Senate Concurrent Resolution No. 6. Councilman Russell made a motion seconded by Councilman Wilkinson to , adopt the Resolution. Yeas: Council Members Bowling, Gray, Preble, Reeves, Russell, and Wilkinson. Nays: None. RESOLUTION 74-69 OF THE COUNCIL OF THE CITY OF FORT COLLINS EXPRESSING THE SUPPORT OF THE CITY FOR ADOPTION OF A PROPOSED AMENDMENT TO ARTICLE XI OF THE COLORADO CONSTITUTION AND AUTHORIZING THE ELECTRIC UTILITY DIRECTOR TO SERVE AS CHAIRMAN OF THE COLORADO COUNCIL ON JOINT ENERGY RESOURCES AND FURTHER AUTHORIZING TILE CONTRIBUTION OF $26.00 TO SUCH COUNCIL WHEREAS, the Colorado General Assembly, by the adoption of SCR-6, has submitted to the qualified electors of Colorado a proposed Amendment to Section 2 of Article XI of the Colorado Constitution, which Amendment is currently designated as Amendment No. 4 on the ballot for the General Election to be held in November of.1974, WHEREAS, said Amendment would add the following language to said Section 2 of Article XI of the Colorado Constitution: s 0 , 7J Nothing in this section shall be construed to prohibit any city or town from becoming a subscriber or ' shareholder in any corporation or company, public or private, or a joint owner with any person; company, or corporation, public or private, in order to effect the development of energy resources after discovery, or production, transportation, or transmission of energy in whole or in part for the benefit of the inhabitants of such city or town. WHEREAS, the increasing energy demands of municipally owned electric utilities in Colorado has forced these municipalities to develop their own generation and transmission facilities, WHEREAS, the shortage of natural gas is forcing municipally owned gas utilities to develop facilities to produce and transmit discovered sources to meet their increasing energy requirements, and W WHEREAS, joint ownership, of energy related facilities is essential to avoid energy shortages, to permit Colorado municipalities to realize the economies of scale available through joint ownership of facilities, and to minimize the number of such facilities and thereby reduce their environmen- tal impact, NOW THEREFORE BE IT RESOLVED by the City Council of the City of Fort Collins, Colorado that the proposed Amendment of Article XI, Section ' 2 of the Colorado Constitution is necessary to meet the energy crisis, to reduce adverse environmental impacts and at the same time to minimize the cost of energy, which savings can then be passed on to the ultimate consumers who are residents of Colorado. BE IT FURTHER RESOLVED that this Council encourages a yes vote on this Amendment in the November General Election. BE IT FURTHER RESOLVED that this Council actively support the passage of this Amendment by contributing $26.00 to the Colorado Council on Joint Energy Resources and by hereby authorizing Stanley R. Case, Electric Utility Director for the City of Fort Collins, to act as Chairman of the Colorado Council on Joint Energy Resources and to devote such time as is necessary in carrying out the purposes of the Council. Passed and adopted at an adjourned meeting of the City Council held this llth day of July, 1974. ATTEST: ._Assistant Mayor City Clerk 0 Petitions received regarding Housing Authority -- Low Income Housing ' Attorney Gene E. Fischer, representing about 78 families residing within a geographic area with LaPorte Avenud on the North, Taft Hill Road on the East, West Elizabeth and Louise Lane on the West, stated he wished to express the group's concern regarding the placement of low income housing in Fort Collins. Attorney Fischer read from the petition, signed by over 1,300 residents, as follows: "We, the undersigned, all residents of the City. of Fort Collins,' Colorado, strongly urge and request the Authority and City, if additional units of "low income Housing" are planned, to locate same throughout the City on an equal geographical basis. We object to the location of the first units in violation of the "dispersal" principles intended by the enacting legislation and the placement of most of the units in one small section of the , City. We further urge and request4that the H.U.D. "dispersal principles for the location of these units.be hereafter followed. We further urge and request that no further units be located in the North and West quadrants of the City until at.least an equivalent number are located in the other portions of the City.' Execution of this Petition should not be construed by anvone as a reauest for or•an endorsement of the construction of '•any additional units by said authority Attorney Fischer further stated his request that the petition be forwarded to the Housing Authority of the City of Fort Collins. Assistant Mayor Gray stated these petitions would be forwarded to the , Housing Authority. No further action taken on this iten. 8 (_ Final plat of the Albin L. Miller Foothills ' Subdivision Fifth Filing approved Director of Community Development, Roy Bingman, identified the property involved, consisting of six lots, the last six lots of a preliminary plan that was submitted to the City in 1964. A drainage way is requested; the Planning and Zoning Board had recommended' approval. Councilwoman Preble made a motion seconded by Councilman Bowling to approve the plat of the Alvin L. Miller Foothills Subdivision Fifth Filing with the inclusion of the provision for the drainage way. Yeas: Council Members y00 Bowling, Gray, Preble, Reeves, Russell, and Wilkinson. Nays: None. lf: U Purchase of property from Mr. Larry Willford at �= Lee Martinez Park approved W Assistant Mayor Gray stated this purchase had been discussed at an executive session. City Attorney March stated the contract terms are purchase of the property for $24,000, the ownersof the property retain the right to possession until about August 15, and there is some personal property they will remove from the property. The closing schedule is for July 12, 1974 at 10:00 a.m. and the request was that Council approve the contract and authorize the closing of the property; authorizing the City Manager and City Clerk to execute the contract. Councilman Russell made a motion seconded by Councilwoman Reeves to approve the contract and authorize its execution. Yeas: Council members Bowling, Gray, Preble, Reeves, Russell, and Wilkinson. Nays: None. Hearing on Storm Sewer Improvement District No. 15, continued to July 18, 1974 The report of the Administration is as follows: The whole status of Storm Sewer District No. 15 has been delayed and tabled on several occasions. As yet we have no official word from the Union Pacific Railroad as to the method of utilization of their right-of-way for the storm sewer. Because of this, we have not been able to come to any final cost figures or hold any public meetings with the property owners. It is, however, legally required that we officially acknowledge this program and, if no action can be taken, table it until an appropriate time. It appears unlikely that we will have any definitive information available for the July 11 meeting or pos- sibly by the July 18 meeting. If we do not get any official word from the railroad company by August 1, it might be advantageous for us to consider that this is a negative approval aud, therefore, have to make our adjustments ac- cordingly. Director of Community Development, Roy Bingman, also gave a brief review of the current negotiations with the Union Pacific Railroad. 9 This is the date, July 11, 1974, to which the hearing on this matter, the formation of this district, has been continued after having previously been advertised for an earlier date. Councilwoman Preble made a motion seconded by Councilman Bowling to continue the hearing to July 18, 1974. Yeas: Council Members Bowling, Gray, Preble, Reeves, Russell, and Wilkinson. Nays: None. Report on enhancing Fort Collins Police -Community relations from the Human Relations Commission received City Manager Brunton stated the Council had received the report in March at a work session. The Subcommittee of the Human Relations Commission on Police -Community relations had requested that this report be officially received. Councilman Russell made a motion seconded by Councilman _Wilkinson to receive the report. Yeas: Council Members Bowling, Gray, Preble, Reeves, Russell, and Wilkinson. Nays: None. City Financial Report for the year ending December 31, 1973 received City Manager Brunton stated Mr. Rruchten of Rruchten and Magnuson had requested a meeting with the Council to review the report; this is tentatively scheduled for the Council Work Session of July 25, 1974. Councilman Bowling made a motion seconded by Councilwoman Reeves to receive the City Financial Report for the year ending December 31, 1973. Yeas: Council Members Bowling, Gray, Preble, Reeves, Russell, and Wilkinson. Nays:None Unofficial consideration given to annexation of property- South of Warren Lake Director of Community Development, Roy Bingman, stated this was not a formal request for annexation; this item had been reviewed by the Conceptual Review Committee, the staff review is as follows: Enclosed is the Conceptual Review Report for the annexation request, south of Warren Lake. The site presents difficulties in the areas of sewer, water and road services, but primarily sewer since no gravity feed system is pre- sently available. As you know, the developers have suggested sewer develop- ment with lift stations with an agreement to hook on to a gravity main when available. With gravity sewer 2.&1/2 miles to the east, we would have to say that this is not an immediate prospect. Furthermore, future conversions would be expensive and difficult to administer. Lemay Avenue to the south of this site would be inadequate to deal with development of any density and the proposal road pattern from the north continues to be unclear. Uncertainly in water, sewer and roads strongly indicate that development , at this time would be premature for this area. 10 Mr. Ralph Jensen of Jensen•and Kramer Company, 278 Fillmore Street, Denver, requested a reading from the Council if They were receptive to annexation. After considerable discussion on the in -City out -of -City developments and utilities, Mr. Jensen requested a letter from the City Manager indicating the wishes of the Council on this matter;. the developers are willing to work with the staff and submit a utility plan. It was the consensus of the Council that they unofficially viewed annexation favorably. No further action taken on this item. Recommendations from the Designing Tomorrow Today Committee regarding auditorium accepted and referred to the Administration Executive Director Romerta Cook, Frank Johnson, Val Ogden, and Lilla Morgan spoke to the recommendations from the Committee below: u RECO1.14 NDATIONS OF T117 C0I,1,1ITTEE 1. That an auditorium of approximately 19300 seats available, for symphony con- certs, theater, road show attractions, musical'productions and lectures would best serve Fort Collins as well as being financially feasible. 2. That Lincoln Junior High, because of its excellent location and proximity to the core area, should be given primary consideration.' 3. That Lincoln Junior High be remodeled as an auditorium complex based on the information provided by Stearns -Roger. Lincoln Junior High auditorium and adjacent areas had been previously approved structurally by the Denver architectural engineering firm of Stearns -Roger. The report was presented on the premise that Lincoln Auditorium was the best and most centrally located building that could be remodeled satisfactorily at the least cost to the Capital Improvements Program and to the City of Fort Collins. The preliminary cost estimates of Stearns -Roger for the work required to attain our priority objectives using the complex of buildings is within the avail- able means of the city, and the maintenance requirements are reasonable. This is not to be primarily a "penny-pinching' operation - instead, it must be attractive, comfortable, functional and desirable for to uses to be served. 4. That the priority usa for the buildir.; be for the per:cr: a=t:;. Complete report in Central Files. Mr. Andy Anderson, 1421 Skyline Drive, inquired if Council would issue revenue bends to implement the remodeling of the auditorium. It was stated the Council was considering the recommendations of the Committee above. Councilwoman Preble made a motion seconded by Councilman Bowling to accept the report and refer it to the Administration for recommendations on the implementation. Yeas: Council Members Bowling, Gray, Preble, Reeves,_ Russell, and Wilkinson. Nays: None. 12 Husky Tire Service, 2025 South College Avenue, recipient of the Merchant of the Month Award Fire Chief, Ed Yonkers, presented the award to Mr. Joseph Shillaci of the Husky Tire Service for his efforts in fire prevention. Two City of Fort Collins employees and one former employee receive meritorious awards for life saving efforts American Red Cross representative William Dressel, Fire Chief Ed Yonkers, and Assistant Fire Chief Bob Gilbreath presented awards to Wayne Souders, Rick Debbrecht, and Gregory Bradley for their efforts in saving a fellow employee in a near fatal accident on May 18 in Fort Collins. City Utilities Director Stanley R. Case also complimented the men and spoke to the First Aid Training offered by the City. Ordinance No. 40, 1974 adopted on first reading relating to human rights Assistant Mayor Gray requested that the Chairman of the Human Relations Commission introduce the members present. There were the following members present: 1. James Baird 2. Elizabeth Dyer 3. David Moore, Jr. _ = -- 4. Ann Azari ,S. Sam Van Why 6. Carmell Solano 7.. Margaret Batson 8. Administrative Assistant John McGraw 9. B. F. Napheys III ` City Attorney March reviewed the changes made from the draft ordinance. Commission member Napheys spoke in opposition to the subsection "c", page 10 of the ordinance, in which the complainant may appeal the decision of the City Manager to the Human Relations Commission. Chairman Baird spoke in favor of this clause. Councilman Russell made a motion seconded by Councilman Bowling to amend Ordinance No. 40, 1974 by adding on page 6 in paragraph "d" the words "For an}, person to" before the word "use"; on page 7 by substituting "person" for"individual" in paragraph "f";and on page 9, by deleting the word "such" in the fifth line after the word "other" in the fourth paragraph. Yeas: Council Members Bowlin¢, Gray, Preble, Reeves, Russell, and Wilkinson. Nays:. None. Councilwoman Preble made a motion seconded by Councilwoman Reeves to adopt Ordinance No. 40, 1974 as amended on first reading. Yeas: Council Members Bowling, Gray, Preble, Reeves, Russell, and Wilkinson. Nays: None. uN 12 Action delayed on Bicycle Program on Elizabeth and Shields Streets Director of Community Development, Roy Bingman, reviewed the areas in question and added that the staff had tried to analyze all of the alternatives as follows: 1. Removal of parking adjacent to the Campus West Shopping Center; from City Park Avenue to Shields Street on a permanent full time basis or on a part time basis from 7:00 a.m. to 6:00 p.m. 2. Utilization of City Park Avenue from West Elizabeth Street, north to Plum then to the University with signalization of the intersection. 3. Using City Park Avenue to University Avenue on the south and thence over. Mr. Bingman also presented a drawing depicting all of the parking spaces (434) in the Center. The staff recommendation is for the removal of parking on both sides of Elizabeth Street on a trial basis from 7:00 a.m. to 6:00 p.m. Councilwoman Preble spoke to the part time removal of parking. Councilmen Russell and Wilkinson concurred. Mr. Jack Nicol, owner of the property on both sides, petitioned the Council to table this item pending study of some additional information, to -wit: (1) the bus stop•on Elizabeth would be made in the bike lane; (2) a post office annex has been approved for the Center; and (3) the possibility of having a covered bus stop inside the Center parking and the possibility of having the bike lane in the private property area. City Manager Brunton stated the Administrative staff would meet with any and all groups; that the light at Plum and Shields will be installed; and that if this item were tabled, he recommended tabling to the August 1 meeting.' Mr. David Massey of the Collection presented a chart representing alternate bike routes. Ms. Jo Stensen, City Park Avenue, also spoke to the signal situation and improvements on South Shields. Councilman Bowling requested that Mr. Nicol and Mr. Massey work with the Administration on alternate. solutions to the problem prior to August 1. Councilman Bowling made a motion seconded by Councilwoman Preble to approve the recommendations of the Administration and remove parking on Elizabeth Street. Councilman Bowling next made a motion seconded by Councilman Russell to amend his motion to state that no action be taken until after the August '1, 1 1974 meeting. Yeas: Council Members Bowling, Gray, Preble, Reeves, Russell, and Wilkinson. Nays: None. The Assistant Mayor put the motion as amended with the following vote. Yeas: Council Members Bowling, Gray, Preble, Reeves, Russell, and Wilkinson. Nays: None. 13 Resolution 74-70 adopted approving an agreement with the North College Avenue Sanitation District Councilman Wilkinson made a motion seconded by Councilwoman Reeves to adopt Resolution 74-70. Peas: Council Members Bowling, Gray, Preble, Reeves, Russell, and Wilkinson. Nays: None. RESOLUTION 74-70 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING AN AGREEMENT TO BE ENTERED INTO WITH THE NORTH COLLEGE AVE- NUE SANITATION DISTRICT WHEREAS, the North College Avenue Sanitation District is a statutory sanitation district formed for the purpose of providing sanitary sewerage facilities to properties within its boundaries, and WHEREAS, the boundaries of the District are wholly within the limits of the City of Fort Collins, and WHEREAS, the City has heretofore assumed the responsibility of operating the sanitary sewerage facilities of the District, processing sewerage, and maintaining accounts, and WHEREAS, said District has offered to convey all of its facilities to the City for the consideration of Eight Thousand ($8,000.00) Dollars, which amount together with other funds now available to the District, will be used --to retire" completely the bonded indebtedness of the District, and at such time the District would be dissolved, and WHEREAS, an agreement has been prepared providing for the foregoing which has been approved by the City Manager and the City Attorney, and the City Coun- cil desires to approve the same. 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, accepted and approved. BE IT FURTHER RESOLVED that the City Manager and the City Clerk be, and they hereby are, authorized and directed to execute this agreement. PASSED AND ADOPTED at an adjourned meeting of the City Council held this eleventh day of July, A. D. 1974. ATTEST: City Clerk 14 t Other Business 1. City Manager Brunton stated Mountain Air Inc., lessor of the Fort Collins/ Loveland Airport, needed permission to erect a building at the Airport from the two Cities. City Attorney March reviewed the basic lease of the Airport as follows. "Under that lease the Cities leased to the Airport Operators the facilities at the Airport where the hangar and other offices are. The Operator thus has a concession to operate the repair facilities, the hangars for rent, the flying school, snack bar etc.; and for that they pay rent to the City. In addition to that the lease provides that they have the right on the Cities' approval to erect other facilities on the property and at the end of the lease the Cities have the right to acquire those facilities under a formula set forth in the lease. There are also provisions if they default during the term of the lease and the Cities elect to terminate their lease, the Cities have the right to acquire the facilities at that time. Finally, there is a provision in the lease that the person who has the lease operates the Airport as an employee of the Cities, as a Manager of the Airport, and for that we pay them." The document under consideration before the Council purports to be an assignment of the lease. City Attorney March next reviewed his objections to the assignment as proposed. His objections were as follows: (1) an objection to assigning the lease to the Bank because it involves more property than the property described and he would advise against that; (2) the subordination of any lien, paragraph B, should be reworded to provide assignment only of the hangar in question; and (3) paragraph C, Loveland should be a party to the assignment as well. .City Manager Brunton stated the Airport Board desired direction from the Councils on who would conduct the public hearing on the Master Plan for the Airport. Chairman Bob Ocheltree spoke to the need for revision of the administrative organization that controls the Airport. (This, question will be addressed at a joint meeting of the Cities on July 29, 1974.) Councilwoman Preble made a motion seconded by Councilman Russell to approve the assignment of the lease with the changes recommended by the City Attorney. Yeas: Council Members Gray, Preble, Reeves, and Russell. Nays: Bowling and Wilkinson. 2. Councilwoman Preble stated that at the Council of Governments (COG) meeting it had been again stated that the foothills bypass would be studied. There- fore, she requested that the two Council Resolutions be sent to Mr. David A. Pampu of the Denver Regional Council of Governments. Adjournment Councilwoman Preble made a motion seconded by Councilman Wilkinson that the Council adjourn. Yeas: Council e N ers Bowling, Gra ,^^Preble, Reeves, Russell, and Wilkinson. Nays none. 1 I1 A17EST�: City Clerk t