HomeMy WebLinkAboutMINUTES-12/12/1974-Regular3:2`.1'
December 12, 1974
' COUNCIL OF THE .CITY OF FORT COLLINS, COLORADO
Council -:danger Form of Government
Regular Meeting - 5:30 P.M.
1, J. W. N. Fead, duly elected Mayor for the City of Fort
Collins, do hereby call the Council Meeting for December 5, 1974,
to order; due to a lack of quorum, I declare this meeting adjourned
00 and it will again convene at 5:30 p.m. in the Council Chamber of the
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C-) City of Fort Collins, City Hall on Thursday, December 12, 1974. '
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' ATTEST:
A Regular Meeting of the Council of the City of Fort Collins was held on
Thursday, December 12, 1974 at 5:30 P.M. in the Council Chamber in the City
of Fort Collins City Hall. Mayor Fead called the meeting to order.
Present: Council members Bowling, Fead, Gray, Preble, Reeves, Russell and
Wilkinson.
Staff members present: Brunton, Bingman, Deibel, Parsons, Cain and Lewis.
Also: City Attorney March, Jr.,
Minutes of R-oular Meeting of November 21,
1974 and Special Meeting of November 29,
1974 approved:
Mayor Fead stated copies of the minutes had been received. Councilwoman
' Preble made a motion, seconded, by Councilwoman Gray, to approve the minutes
of the regular meeting of November 21, 1974 and Special ;fleeting of November
29, 1974. Yeas: Council members Bowling, Fead, Gray, Preble, Reeves,
Russell and Wilkinson. Nays: None.
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Ordinance adopted on second reading
Changing the Time of City Council
Meetings
Councilwoman Reeves made a motion, seconded by Councilman Wilkinson, that
Ordinance No. 59, 1974 be adopted on second reading. Yeas: Council
members Bowling, Fead, Gray, Preble, Reeves, Russell and Wilkinson.
Nays: None.
' ORDINANCE NO. 59 , 1974
BEING AN ORDINANCE XMENDING SECTION 2-1
OF THE CODE OF THE CITY OF FORT COLLINS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS:
Section 1. That Section 2-1 of the Code of the City of Fort
Collins. be, and the same hereby is, amended to'read as follows:.
"2-1. Time and Place of Council Meetings.
"Under and by virtue of the provisions of Article
II., Section 11, of the Charter of the City of Fort
Collins, Colorado, the time and place of the regular
meeting of the Council of the City of Fort Collins
shall be the first and third Tuesdays of each month '
at the hour of 5:30 P.M. in the Council Chambers
of the City Hall of the City of Fort Collins;
provided, however, that if a national legal holiday
falls on a regular meeting date, such meeting date
shall then be the preceding Monday at the same hour
and place."
Section 2. This ordinance shall take effect on January 1, 1975.
Introduced, considered favorably -on first reading, and
ordered published this 21st day of November, A.D. 1974, and to be
presented for final passage on the 128iday of December, A.D. 1974.
ATTEST:
City Clerk
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Passed and adopted on final reading thisl2th day of December,
' A.D. 1974.
ATTEST, M�PrA A A /�144 4
G,
City lark
v\i First reading: November 21, 1974 (Yeas: 6, Nays: 0)
00 Second reading: December. 12, 1974 (Yeas: 7, Nays: 0)
Published: November 26
� and December 17, 1974
W Attest:
City Cler
Ordinance adopted on second reading
amending the Code relative to Unit
Development Plans
' Councilwoman Gray made a motion, seconded by Councilwoman Preble, that
Ordinance No. 60, 1974 be adopted on second reading. Yeas: Council
members Bowling, Fead, Gray, Preble, Reeves, Russell and Wilkinson.
Nays: None.
ORDINANCE NO. 60, 1974
BEING AN ORDINANCE AMENDING SECTION 118-83
OF THE CODE OF THE CITY OF FORT COLLINS
BEING A PART OF THE ZONING ORDINANCE
RELATING TO UNIT DEVELOPMENTS
BE. IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS:
That Section 118-83 of the Code of the City of Fort Collins be,
and the same hereby is, amended by adding thereto an additional subsection
E as follows:
"E. Minor Amendments to ApprovedUnit Development Plans.
Minor amendments to an approved unit development
plan changing the location, siting or height of
buildings and structures and similar. minor changes
may be authorized and approved by the Planning
' Director without additional public hearings and
without further action by either the Planning and
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' Zoning Board or the City Council. No such amend-
ment may be approved by the Planning Director '
pursuant to this provision if the same would cause
any -of the following:
111. A change in the use or character of the
development.
112. An increase in the overall coverage of
the site with structures.
"3. Any increase in problems of traffic
circulation and public utilities.
114. A reduction of more than three percent
C3%) of the open space on the approved unit develop-
ment plan.
"b. A reduction of more than one percent
C1%) of the off street parking and loading spaces
on the approved unit development plan.
1'6. A reduction in pavement widths or rights
of way for streets or easements.
"7. An increase of greater than two percent '
C2%) in the gross leasable floor areas of commercial
buildings.
118. An increase -of more than one percent fl%)
in the residential density.
"Ail other amendments to approved unit development
plans shall require the approval of the City Council
after study and report thereon by the Planning and
Zoning Board."
Introduced, considered favorably on first reading, and ordered
published this 21st day of November, A.D. 1974, and to be presented for
final passage on the 12thday of December, A.D. 1974.
ATTEST: Assistant Mayor
City Clerk-
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Passed and adopted on final reading thisl2th day of December,
A.D. 1974.
ATTEST:.17
M2Yor /
C-
City Clerk
00 First reading: November 21,1974 (Vote: Yeas: 6, Nays: 0)
USecond readine: December 12, 1974 (Vote: Yeas: 7, Nays: 0)
W PublisliedrDates:._- November 26 and December 17, 1974.
Attest:
City Clerk
Ordinance adopted on first reading
relating to the Salaries of the City
Manager and City Attorney
' This Ordinance was inadvertently not published, as required by the Charter,
necessitating the reading at length and rescheduling of first and second
readings. City Clerk, Verna Lewis, read the Ordinance at length:
Councilwoman Reeves made a motion, seconded by Councilman Wilkinson,
to adopt Ordinance No. 62, 1974 on first reading. Yeas: Council members
Bowling, Fead, Gray, Preble, Reeves, Russell and Wilkinson. Nays: None.
Ordinance authorized forcibly annexing
the Sonoran View Annexation
Assistant Paul Deibel, identified the area in question and stated this is a
proposal for a "forced" annexation of 5 acres; an unincorporated area which
has been surrounded by the City of Fort Collins for over three years. The
Planning and Zoning hoard and Staff recommended approval.
Councilman Russell made a motion, seconded by Councilman Bowling, to refer
the natter to the City Attorney for preparation of the necessary legal docu-
ment on annexation and Zoning. Yeas: Council members Bowling, Fead, Gray,
Preble, Reeves, Russell and Wilkinson. Nays: None.
Partial Replat of the Willow Lane P.U.D.
' Subdivision approved
Assistant Planner, Paul Deibel, identified the area in question and stated the
P.U.D. had been previously, approved by Council on August, 1973 and has been
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partially developed. The replat proposes town houses instead of condominiums.
The Planning and Zoning Board and the Staff reconnended approval of the
partial replat.
Councilman Wilkinson made a motion, seconded by Councilman Bowling, to approve
the partial replat of the willow Lane P.U.D. Subdivision. Yeas: Council
members Bowling, Fead, Gray, Preble, Reeves, Russell and Wilkinson. Nays:
None.
Sundance Hills P.U.D., First Filing
approved
Assistant Planner, Paul Deibel, identified the area in question, the pro-
posal is for the first eight buildings for 36 units on approximately 4 acres.
Council discussed the street names on the entire subdivision plat. The
Planning and Zoning Board and the Staff had recommended approval of the P.U.D.
Councilman Bowling made a motion, seconded by Councilman Wilkinson, to approve
the Sundance Hills P.U.D. First Filing. Yeas: Council members Bowling, Fead,
Gray, Preble, Reeves, Russell and Wilkinson. Nays: None.
Resolution authorized regarding proposed
changes in the Liquor Lams
Legislative Representative, Councilwoman Nancy Gray, stated that she had con- '
taated Executive Director of the Colorado Municipal League, Mr. Ken Bueche,
in regards to the recommendation made by the Liquor Licensing Authority. Mr.
Bueche was concerned that there would not be staff time available to pull
together legislation to make the changes recommended; Mr. Bueche felt per-
haps the League could lobby for specific changes the Liquor Licensing Authority
had put forth. She, therefore, recommended that Council should contact our
legislators and that Mr. Bueche had also recommended an interim committee be
formed to review the liquor laws in the summer.
City Attorney March spoke to the questions raised by Council members on the
intent of the recommendation.
It was the consensus of the Council that this matter be referred to the City
Attorney to draft a resolution which would endorse a study committee to
review.changes in the liquor laws.
Resolution adopted as amended adopting the
report of the City Engineer on Street
Lighting Improvement District No. 4
City Attorney March stated the report of the City Engineer was before the
Council, some figures needed to be changed in the estimated construction
cost to $32,593.00 and by adding City cost of $23,941.12.
The resolution was then read by title. The resolution needed to be amended ,
by striking the word "none" at the end of the first partial paragraph and
insert "all amounts in excess of $8,651.88, estimated to be $23,941.12.
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Councilman Russell made a motion, seconded by Councilwoman Reeves, to amend
the resolution as above. Yeas: Council members Bowling, Fead, Gray, Preble,
Reeves, Russell and Wilkinson, Nays: None.
Councilwoman Preble made a motion, seconded by Councilwoman Gray, to adopt
the resolution, as amended. Yeas: Council members Bowling; Fead, Gray,
Preble, Reeves, Russell and Wilkinson. Nays: None.
RESOLUTION 74-102
OF THE COUNCIL OF THE CITY OF FORT COLLINS ADOPT-
ING THE REPORT OF THE CITY ENGINEER ON THE ESTIMATES,
COSTS AND ASSESSMENTS FOR STREET LIGHTING IMPROVE-
MENT DISTRICT NO. 4, APPROVING THE DETAILS AND
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SPECIFICATIONS FOR SUCH PROPOSED DISTRICT,:DETER-
� MINING THE AMOUNT OR PROPORTION OF THE TOTAL COST
W TO BE PAID BY A METHOD OTHER THAN ASSESSMENTS
AGAINST PROPERTY IN THE DISTRICT, THE NUMBER OF
INSTALLMENTS AND THE TIDE WITHIN WHICH THE COST OF
THE IMPROVEMENTS ASSESSED AGAINST PROPERTY IN THE
DISTRICT WILL BE PAYABLE, THE RATE OF INTEREST TO
BE CHARGED ON UNPAID INSTALLMTENTS, THE PROPERTY TO
BE ASSESSED FOR THE IMPROVEMENTS, THE METHOD OF
MAKING SUCH ASSESSMENTS, AND THE DATE :HEN THE
I COUNCIL WILL HOLD A HEARING AND CONSIDER THE
ORDERING BY ORDINANCE OF THE PROPOSED IMPROVEMENTS
WHEREAS, heretofore the City Council by resolution
directed the City Engineer to make a complete survey of
proposed Street Lighting Improvement District No. 4, includ-
ing the preparation of a map, ;plans and specifications, and
estimate of cost of the improvement's in said proposed district;
and
WHEREAS, the City Engineer has made his report and has
presented the details and specifications for the proposed
district.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF FORT COLLINS:
' Section 1. That the report, plans, specifications, map
and estimate as presented by the City Engineer for said
district be and the same hereby are accepted and approved.
Section 2. The following amount or proportion of the
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total cost of such improvements shall be paid by the City at
large and not by assessments against property in the district,
to -wit: . All amounts in excess of $8,651.88 estimated to be $23,941.12.
Section 3. The property to be assessed for the improve-
ments shall be as follows: All lots and lands abutting upon
the streets to be improved with street lighting, to -wit:
Lake Street from College Avenue west to Shields Street; and
" Prospect Avenue from College Avenue west to Shields Street.
Section 4. Assessments for the cost of installing the
improvements in the district will be made as follows: Upon
all lots and lands abutting on the streets improved in
proportion as the frontage of each lot or 'tract of land is
to the frontage of all lots and lards so improved.
Section 5. Said assessments shall be payable in ten
equal annual installments, with interest on the unpaid
installments at the rate of six percent (6%) per annum.
Section 6. That on the 21st day of January, 1975, at
the hour of 5:30 o'clock P.M., or as soon thereafter as the
matter may come on for hearing, in the Council Chambers of
the City Hall, City of Fort Collins, is the date on which
the Council of the City of Fort Collins will consider the
ordering by ordinance of the proposed improvements and hear
all complaints and objections that may be made and filed in
writing concerning the proposed improvements by the owners
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of any real estate to be.assessed or any persons interested
generally.
Section 7. The City Clerk be and she hereby is directed
to give notice by pLtl.ication and mailing to the owners of
property to be assessed and to all interested persons generally,
all as set forth in Chapter 16 of the Code of the City of
Fort Collins.
Passed and adopted at a regular meeting of the City
Council held this 12th day of December, 1974..
NOTICE
TO THE OWNERS OF PROPERTY TO BE ASSESSED IN STREET
LIGHTING IMPROVEMENT DISTRICT NO. 4 AND TO ALL
INTERESTED PERSONS OF THE KINDS OF IMPROVEMENTS
PROPOSED, THE NUMBER OF INSTALLMENTS, AND THE TIME
IN WHICH THE COST OF SUCH IMPROVEMENTS WILL BE
PAYABLE, THE RATE OF INTEREST TO BE PAID ON UNPAID
AND DEFERRED INSTALLMENTS, THE EXTENT OF THE
DISTRICT TO BE IMPROVED,. THE PROBABLE COST AND THE
MAXIMUM COST TO BE ASSESSED, THE TIME WHEN THE
CITY COUNCIL WILL CONSIDER ORDERING BY ORDINANCE
THE PROPOSED IMPROVEMENTS AND HEAR COMPLAINTS AND
OBJECTIONS, AND THAT A MAP OF THE DISTRICT AND
DETAILS CONCERNING THE SAME ARE ON FILE AND CAN BE
SEEN IN THE CITY CLERK'S OFFICE
Public notice is hereby given to persons interested and
to owners of property to be assessed in Street Lighting
Improvement District No. 4 that the kind of improvements
.proposed .for said district is: The installation of street
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lighting on the streets in the District, and that the cost
of said improvements as assessed will be payable in ten
equal annual installments and that the rate of interest to
be paid on unpaid and deferred installments will be six
percent (6%) per annum and that the extent of the district
to be improved is as follows: Lake Street from College
Avenue west to Shields Street; and Prospect Avenue from
College Avenue west to Shields Street, and that the probable
cost of said improvements as shown by the total estimate of
the City Engineer is $32,593.00 exclusive of the cost of
collection, legal, advertising, engineering, financing,
interest and other incidentals and that to said cost will be
.added. an amount.equal to thirteen percent (13%) of such cost
to cover the expense of collection, legal and advertising, '
`engineering, financing, interest during construction, and
other incidentals and that assessments for the cost of such
improvements within the district will be made as follows:
upon all of the lots and lands abutting on the streets
improved in proportion as the frontage of each lot or tract
of land is to the frontage of all lots and lands so improved;
and that the maximum cost to be assessed, exclusive of the
cost of collection, legal and advertising, engineering,
financing, interest during construction, and other incidentals,
is as follows: $0.486 per front foot, and that on the 21st
day of January, 1975, at the hour of 5:30 o'clock P.M., or
as soon thereafter as the matter maay come on for hearing in '
the Council Chan4=ers in the City Hall, -Fort Collins; Colorado,
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is the date that the'City Council will consider the ordering
by ordinance of the proposed improvements and hear all
complaints and.objections that may be made and filed in
writing by the owners of any property to be assessed or
perscns interested generally. All complaints or objections
should be made in writing and filed -in the office of the.
N City Clerk in the City Hall before said date; and
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That a map of the district and estimates of cost,
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schedules showing the approximate amount per front foot to
be assessed upon the several lots or parcels of land within
the district and all proceedings of the City Council in the
premises are on file and can be seen and examined in the
City Clerk's office during business hours at any time before
' said hearing.
Dated at Fort Collins, Colorado, this 12th day of December,
A.D. 1974..
City Clerk
Policy with regards to accepting water
from 5outhside'Ditches adopted
City Attorney March spoke to the following policy, that the moratorium be lifted
that stock in these companies be taken only at the following yield:
Larimer County Canal No. 2 irrigating Company:
Number of active shares (per Bittinger report) 116
Historic annual yield, 1913-1970 7,9.46.00 acre feet
Yield per share 54.42 acre feet
*This does not include priority 14 which is oxned by individual
stockholders.
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Arthur Ditch Company:
Number of active shares (per Bittinger report)
Historic annual yield, 1913-1970
Yield per share
1,210
5,193.00 acre feet
4.29 acre feet
New Mercer Ditch Company:
Number of active shares (per Bittinger report) 146
Historic annual yield, 1913-1970 5,392.00 acre feet
Yield per share 36.93 acre feet
Councilman Bowling made a motion, seconded by Councilman Wilkinson, to
adopt the above policy with regards to accepting water from the Southside
Ditches. Yeas: Council members Bowling, Fead, Gray, Preble, Reeves,
Russell and Wilkinson. Nays: None.
Notification of increase in resale
Power Service Rates acknowledged
City Manager Brunton stated Mayor Fead had received the notification of the
increase in the City's cost of power resale from Mr. Al Hamilton, General
'Manager of the Platte River Power Authority.
The Administration recommended that'Council officially acknowledge the
notification from Platte River Power Authority.
Councilman Wilkinson made a motion, seconded by Councilman Rhissell, to
acknowledge receipt of the letter and resolution regarding the resale
power service rates. Yeas: Council members Bowling, Fead, Gray, Preble,
Reeves, Russell and Wilkinson. Nays: None.
Ordinance authorized implementing the
Water Rate increase
City Manager Brunton stated this item was scheduled for discussion at a
work session.
Councilwoman Gray stated she thought Council had approvedthe increase in
1973 and was to be accompanied by an automatic increase on January 1, 1975.
City Attorney March stated the present ordinance did not provide for the
automatic increase and that an ordinance change would be required if
Council wished the increase to go into effect on January 1, 1975.
It was the consensus of the Council that the City Attorney be directed to
prepare an ordinance on the increased rates to be presented on December 19,
1974 for hearing and first reading.
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' Emergency Ordinance adopted authorizing i
the issuance of General Obligation Water
Refunding'Bonds
City Manager Brunton called on Mr. Owen Moore to -clarify the Water Refunding
Ordinance and explain why the City is not refunding the Sewer Bonds at this
time.
Mr. Moore stated that when representatives of Boettcher and Company had met
with the City Council on November 29, 1974 they had advised the Council that
they would purchase government securities under the conditions which were
outlined, since that time the government market has gotten stronger and the
municipal market has gotten weaker. Therefore, Boettcher and Company was
00 requesting that their contract, dated November 29, 1974 which has a 30 business
L' day option, be extended to 60 days, or an extension of 30 business days on
jthe Sewer Refunding bonds.
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Councilwoman Preble made a motion, seconded by Councilwoman Reeves, to
authorize a 30 business day extension to the contract with Boettcher and
Company on the Sewer Refwiding. Yeas: Council members Bowling, Fead,
Gray, Preble, Reeves, Russell and Wilkinson. Nays: None.
STATE OF COLORADO )
)
COUNTY OF LARIMER ) ss.
)
CITY OF FORT COLLINS )
-The City Council of the City of Fort Collins, Colorado met
in regular session, in full conformity with law and the ordi-
nances -and rules of the City, at the City Hall, being the regu-
lar meeting place of the Council, on Thursday, the 12th day of
December, 1974, at 5:30 o'clock P.M. There were present and
answering at roll call:
Mayor: J. W. N. Fead .
Assistant Mayor,:. Nancy P. Gray
Councilmen: Charles D. Bowling
Mabel Preble
Margaret E. Reeves
Jack Russell
Earl Wilkinson
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Also present:
City Manager:- Robert L. Brunton '
City Clerk: Verna Lewis
Director of
Finance: Charlie D. Cain
City Attorney: Arthur I4arch, Jr.
Absent: nov) e -
Thereupon there was read and considered the following
Ordinance:
ORDINANCE 140. 64 1974
AN ORDINANCE AUTHORIZING THE ISSUANCE OF GENERAL
OBLIGATION 14ATER REFUNDING BONDS, SERIES 1974, IN
THE PRINCIPAL AMOUNT OF $1,935,000, OF THE CITY OF
FORT COLLINS, COLORADO, FOR THE PURPOSE .OF REFUND-
ING $2,365,000 GENERAL OBLIGATION WATER BONDS DATED '
JUNE 1, 1965; PROVIDING FOR THE ESTABLISHMEidT OF
AN ESCROW ACCOUNT FOR THE PAYMENT AND REDE%TTION OF
THE OUTSTANDING BONDS TO BE REFUNDED; PRESCRIBING
THE FORM'OF THE 1974 REFUNDING BONDS; PROVIDING FOP,
THE APPLICATION OF THE. NET REVENUES OF THE WATER
SYSTEM AND FOR THE LEVY OF TAXES TO PAY SAID RE-
FUNDING BONDS AND THE INTEREST THEREON; PRESCRIBING
OTHER DETAILS IN CONNECTION THEREWITH; AND DECLAR-
ING All EMERGENCY.
WHEREAS, the City of Fort Collins, in the County of
Larimer and State of Colorado, is a political subdivision of
the State, a body corporate and politic, and a home -rule city.
pursuant to Article XX of the State Constitution and -the
Charter of the City; and
WHEREAS, the City Council (herein "Council") deems it ne-,
cessary to authorize -by this Ordinance the issuance of nego- '
tiable, coupon, General Obligation Water Refunding Bonds,
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Series 1974, of the City, to provide funds to refund and pay
the outstanding General Obligation (dater Bonds of the City,
described in this Ordinance; and
WHEREAS, the City of Fort Collins, Colorado, by Ordi-
nance heretofore adopted and approved by the City Council,
has authorized the issuance of its General Obligation [dater
Bonds, Series June 1, 1965, dated June 1, 1965, in the amount
of $3,200,000 (herein the "1965 Issue"), of which there re-
main outstanding the amount of $2,365,000, being bonds num-
bered 168 to 640, inclusive, bearing interest payable semi-
annually on June 1 and December 1 each year, and maturing on
December 1 as follows:
Bond Numbers Amounts Years Interest Rate
' (All Inclusive) Maturing 1.1aturing (Per Annum)
168 - 203 $180,000 1975 2.90%
204 - 240 185,000 1976 2.90%
241 - 279 195,000 1977 2.90%
280 - 319 200,000 1978 2.900/'
320 - 360 205,000 1979 3.00%
361 - 403 215,000 1980 3.00%
404 - 447 220,000 1981 3.00`/
448 - 493 230,000 1982 3.00%
494 - 540 235,000 1983 3.10%
541 - 589 245,000 1984 3.10%
590 --640 255,000 1985 3.10%
and
WHEREAS, bonds maturing December 1, 1975 and thereafter,
are redeemable prior to maturity at the option of the City, in
inverse numerical order, on December 1, 1974 and on any in-
terest payment date thereafter, upon payment of par and ac-
crued -interest; and
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WHEREAS, the City Council has determined that it is ne-
cessary and in the best interests of the City that the out-
standing water bonds described above, in the aggregate prin-
cipal amount of $2,365,000 remaining outstanding, be refunded
-(1) in order to remove restricting and ambiguous covenants
and to permit the issuance of future general obligation. water
bonds additionally secured by a pledge of net water revenues
of the City, on a parity first lien basis, regardless of time
of issuance, and without satisfaction of an earnings test,
and thereby to permit the issuance of further bonds on more
advantageous terms without question as to the existence of
the superior prior pledges or liens; and (2) in order to re-
duce rates and interest costs and to effect.other economies,
thereby providing the City with a decrease in total debt
.requirements in excess of $194,685, all to the benefit of the
City and its inhabitants, in accordance with the Charter; and
WHEREAS, General Obligation ?ater Refunding Bonds, Series
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1974, in the amount of $1,935,000, have been sold and awarded
to Boettcher and Company, of Denver, Colorado, for cash, at
par and accrued interest;
THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS, COLORADO:
Section 1. That for the purpose of providing funds with
which to refund and pay $2,365,000 of itc 1965 Issue, above
described, the City of Fort Collins, Colorado shall issue its
General Obligati -on Water Refunding Bonds, Series 1974, in
the principal amount of $1,935,000. Said Refunding Bonds
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shall be dated December 1, 1974; shall consist of 387 bonds
in the denomination of $5,000 each, numbered 1 to 387, inclu-
sive; shall bear interest at the rate of 6% per annum, paya-
ble on June 1, 1975 and -semiannually thereafter on the 1st
day of June and the 1st day of December each vear, and shall
mature semiannually on June 1 and December 1, as follows:
Amount Maturity
$ 75,000
June
1,
1975
60,000
December
1,
1975
75,000
June
1,
1976
70,000
December
1,
1976
100,000
June
1,
1977
60,000
December
1,
1977
100,000
June
1,
1978
65,000
December
1„
1978
100,000
June
1,
1979
75,000
December
1,
1979
100,000
June
1,
1980
90,000
December
1,
1980
100,000
June
1,
1981
100,000
December
1,
1981
115,000
June
1,
1982
100,000
December
1,
1982
125,000
June
1,
1983
105,000
December
1,
1983
125,000
June
1,
1984
120,000
December
1,
1984
50,000
June
1,
1985
25,000
December
1,
1985
The 1974 Refunding Bonds shall not be redeemable prior
to their respective maturity dates.
The 1974 Refunding Bonds and the interest coupons at-
tached thereto shall be payable in lawful money of the United
States of America, at the office of the Director of Finance,
Fort Collins, Colorado.
Section 2. The 1974 Refunding Bonds shall. be signed with the
facsimile signature of the Mayor, with a facsimile of the seal of
the City affixed thereto, attested by the manual.signature
of the City Clerk, and countersigned by the facsimile signa-
ture of the Director of Finance of the City. The interest
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coupons Attached to said bonds shall bear the facsimile sig-
nature of the Director of Finance, and when issued as afore-
said as part of said bonds, shall be the binding obligations
of the City according to their import. Should any officer
whose manual or facsimile signature appears on said bonds or
the interest coupons attached thereto cease to be such offi-
cer before delivery of the bonds to the purchaser, such
manual or facsimile signature shall nevertheless be valid
and sufficient for all purposes.
Section 3. That the Refunding Bonds and the interest
coupons attached thereto shall be in substantially the fol-
lowing form:
(Form of Bond)
UNITED STATES OF AIIERICA
STATE OF COLORADO COUNTY OF LARIMER
CITY OF FORT COLLINS
GENERAL OBLIGATION WATER REFUNDING BOND
SERIES 1974
No. $5,009
The City of Fort Collins, in the County of Larimer and
State of Colorado (herein the "City"), hereby acknowledges
itself indebted and promises to pay to. the bearer hereof the
sum of
FIVE THOUSAND DOLLARS
June
on the 1st day of December, 19_, with interest thereon at the
rate of six per centum (6%) per annum, payable on June 1, 1975
and semiannually thereafter on the 1st day of June and the '
lst day of December each year, at the office of the Director
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of Finance; in Fort Collins, Colorado, upon presentation and
' surrender of said coupons and this bond as they severally be-
come due.
Bonds of this issue are not callable for redemption pri-
or to their respective maturity dates.
This bond is issued by the City Council of the City of
Fort Collins, Colorado, for the purpose of providing funds
OG with which to refund General Obligation [dater Bonds of the
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City, under the authority of and in full conformity with the
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Constitution of the State of Colorado and the Charter of
said City, and pursuant to an ordinance duly adopted, pub-
lished and made a law of said City prior to the issuance of
this bond.
' It is hereby certified and recited that all the require-
ments of law have been duly complied with by the proper of-
ficers of the City in the issuance of this bond; that the
total debt of the City, including that of this bond, does not
exceed any limit of indebtedness prescribed by the Constitu-
tion or laws of the State of Colorado or the Charter of the
City; and that provision has been made for the levy and col-
lection of annual taxes on all of the taxable property in the
City and the application of the net revenues of the municipal
waterworks system of the City sufficient to pay the interest
on and the principal of this bond when the same become due.
The full faith and credit of the City of Fort Collins,
Colorado are hereby pledged for the punctual payment of the
principal of and interest on this bond.
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IN TESTIMONY IIMEREOF, the City Council of the City of
Fort Collins, Colorado has caused this bond to be signed with
the facsimile signature of. the ?Mayor, sealed with a facsimile
of the seal of the City, attested by the manual signature of
the City Clerk, countersigned with the facsimile signature
of the Director of Finance, and the interest coupons attached
hereto to be signed with the facsimile signature of the Di-
rector of Finance, as of the 1st day of December, 1974.
(FACSIMILE SEAL)
ATTEST:
(Do Not Sipn)
City C1
COUNTERSIGNED:
(Facsimile Signature)
Mayor
(Facsimile Signature)
Director o T.inance
(Form of Interest Coupon)
No. $_
June
On the 1st day of December, 19_, the City of Fort
Collins, in the County of Larimer, State of Colorado, will
pay to the bearer the amount shown hereon in lawful money of
the.United States of America, at the office of the Director
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of Finance, in Fort Collins, Colorado, being interest then
' due on its General Obligation Water Refunding Bond,'Series
1974, dated December 1, 1974, bearing
No.
(Facsimile Signature)
Director of :inance
Section 4. When said Refunding Bonds have been duly
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executed, the Director of Finance is hereby directed to de-
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`Q liver the bonds to the purchaser thereof on receipt of the
agreed purchase price therefor. The proceeds of the Refund-
ing Bonds shall be used only for the purpose.stated therein
and for paying the costs and expenses incurred incidental to
the issuance of said bonds and for no other purpose whatever.
Neither the purchaser of said bonds nor the subsequent holder
of 'any of them shall be responsible for the application or
disposal by the City, or any of its officers, of any of the
funds -.derived from the sale thereof.
Section 5. For the purpose of providing, the necessary
funds to meet the interest accruing on the Refunding Bonds as
the same becomes due, and for the purpose of providing for
the payment.of the said bonds as they mature, there shall be
levied on all the taxable property of the City, in addition
to all other taxes, direct annual taxes sufficient to pay
said interest and principal promptly as the same become due,
and said taxes when collected shall be applied solely for the
purpose of the payment of the interest on and the principal
of the bonds,- respectively, and for no other purpose what-
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ever until the indebtedness so contracted under this Ordi-
nance, both principal and interest, shall have been fully
paid, satisfied and discharged; but nothing herein contained '
shall be so construed as to prevent the City from applying
any other funds available or committed for that purpose to
the payment of said interest or principal as the same, re-
spectively, mature, and upon such payments, the levies
herein provided may thereupon to that extent be diminished.
The sums produced by the levies hereinabove provided to meet
the interest on the Refunding Bonds and to discharge the prin-
cipal thereof when due are hereby applied for that purpose,
and said amounts shall be included in the annual budget reso-
lutions and the appropriation ordinances to be adopted and
passed by the Council in each year, if such actions shall be ■
necessary to effectuate the provisions of this Ordinance,
while any of the Refunding Bonds herein authorized, either as
to principal or interest, are outstanding, or unpaid. No Char-
ter, statutory or constitutional provisions enacted after the
issuance of the Refunding Bonds herein authorized shall in any
manner be construed as limiting or impairing the obligation
of the City to levy ad valorem taxes without limitation of
rate or amount for the payment of the principal of and inter-
est on the.bonds herein authorized.
Section 6. The City hereby irrevocably pledges'to pay
the principal of and the interest on the Refunding Bonds from
the net revenues of the municipal waterworks system (herein ,
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"system"). The City hereby reserves the right to secure,
' without restriction, any water bonds and refunding water
bonds of the City hereafter issued equally and ratably with
the December 1, 1974.Refunding Bonds. The City also hereby
commits itself to fix and annually to maintain rates and
charges for water and services furnished by the system which,
together with moneys on hand and available therefor, will be
x sufficient to pay operation and maintenance expenses of the
system and the principal of and interest on all bonds and
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other obligations of the system, as they respectively become
due. The term "net revenues" as used 'herein refers to the
gross revenues of the system after the payment of operation
and maintenance expenses. The term "operation and maintenance
expenses" as used herein means all current reasonable and ne-
cessary expenses of operating, maintaining and repairing the
system, but does not include any allowance for depreciation
or capital replacements and improvements.
'Section 7. The terms "municipal waterworks system" or
"system" as used herein shall include not only the property
comprising the waterworks system of the City of. Fort Collins
at the present time, but all additions and betterments
thereto and improvements and extensions thereto which may
hereafter be constructed or acquired by the City.
Section 8. The City hereby additionally irrevocably
covenants and agrees with each and every holder of the Re-
funding Bonds that so long as any of said bonds remain out-
standing:
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(a) It will continue to operate and manage the system
in an efficient.and economical manner and keep and maintain
separate accounts of the receipts and disbursements thereof '
in such manner that the revenues thereof may at all times be
readily and accurately determined
(b) It will not sell or alienate any of the property
constituting any part or all of the system in any manner or
to any extent as might -reduce the security provided for the
payment of the Refunding Bonds, but the City may sell any
portion of such property which shall have been replaced by
other similar property of at least equal value, or which
shall cease to be necessary for the efficient operation of
the system.
(c) The rates for all services rendered by the system
to the City and to its inhabitants and to all consumers with- '
in or without the boundaries of the City shall be reasonable
and just, taking into account and consideration the cost
and value of the system and the proper and necessary allow-
ances for the depreciation thereof and the amounts necessary
for the retirement of all bonds and.other securities or ob-
ligations payable from the revenues of the system, and the
"accruing interest thereon.
(d) There shall be charged against all purchasers of
service such rates and amounts as shall be adequate to meet"
the requirements of this and the preceding secitons hereof, and
said rates and amounts from the system shall be sufficient to
satisfy the requirements of Section 6 hereof.
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' (e) The City shall cause all rates, fees and service
charges appertaining to the system to be collected as soon
as reasonable, shall prescribe and enforce rules and regula-
tions for the payment thereof and for the connection with
and the disconnection from properties of the system, and
shall provide methods of collection and penalties, including
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but not limited to denial of service for non-payment of such
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Cc] rates, fees and service charges, to the end that net revenues
W of the system shall be adequate to meet the requirements
hereof.
(f) At regular periods each year it will render bills
for water services furnished. Until paid, all water rates,
' fees, tolls and charges shall constitute a lien on the prop-
nd the City shall take.whatever action is le-
erty served, a
gally permissible promptly to enforce and collect delinquent
water rates, fees, tolls and charges, and to enforce said
liens.
(g) At least once each year it will furnish Boettcher
and Company, purchasers of the Refunding Bonds, with a com-
plete statement of the receipts and disbursements of and for
the system for the fiscal year inLmediately preceding such
statements.
(h) it will carry workmen's compensation, public lia-
bility and other forms of insurance on insurable system
' property, in such amounts as is customarily carried on
prudently operated systems of like character.
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Section 9, The proceeds derived from the sale of the
Refunding Bonds authorized herein, in an amount not less
than $1,935,000, and the accrued interest on the bonds be-
ing refunded, shall be deposited ,ith the First National
�. Bank, Fort Collins, Colorado (hereinafter
the "Bank,"), in a separate fund and escrow account hereby
created and known as the "City of Fort Collins General Ob-
ligation dater Bonds, Series 1965, Escrow Account", herein
designated as the "Refunding Escrow Account" or "Escrow Ac-
count", which account shall be at all times sufficient,to-
gether with any interest to be deriaved from the investment —
and any temporary reinvestment of the deposits, or any part
thereof, in direct obligations of or obligations guaranteed
by the United States of America, to pay the principal of and
interest on the outstanding issue to be retired, at their re-
spective maturities, as follows:
1965 Issue:
Bonds numbered 168 to 640, inclusive, maturing in the
years 1975 and thereafter, shall be paid and retired at their
respective maturity dates, at the office of the Director of
Finance, in Fort Collins, Colorado, according to their origi-
nal terms.
Interest on the outstanding bonds of. the 1965 Issue shall
be paid as the same accrues, according to the original terms
of said bonds, until said bonds mature.
Section 10.. The Bank shall invest the funds on deposit
in the Refunding Escrow Account in direct.obligations of or
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obligations guaranteed by the United States of America, and
' shall fully secure any cash balance in said account in the
manner required by law for other trust funds.
Section 11. If for any reason, at any time, the funds
on hand in such -Refunding Escrow Account shall be insuffi-
cient to meet the payments required as the same shall be
,y about to become due and payable, the City Council of the City
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shall forthwith deposit in such Refunding Escrow Account
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such additional funds as may be required fully to meet the
amount so about to become due and payable.
Section 12. The Bank shall from time to timeredeem
all or a portion of the obligations in said Refunding Escrow
Account, in sufficient amounts "so that the proceeds there-
from and the interest thereon as the same accrues will be
sufficient to meet the interest requirements on the out-
standing Issue as such interest accrues, and to pay or call
in and redeem said bonds at their respective maturities, ac-
cording to the schedule hereinabove set forth.
Section 13. The Mayor, Clerk and Director of Finance of
the City shall,. and they are hereby authorized and directed
to take all necessary or appropriate action toward the exe-
cution of a proper Escrow Agreement with the Bank concerning
the deposits in, investments of and disbursements from said
Refunding Escrow Account, and such other agreements as may be
necessary or desirable to effectuate the provisions of this
Ordinance and comply with the requirements of law.
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Section 14. On or about the date when the Refunding
Bonds are delivered, or within a reasonable time thereafter,
the Director of Finance is authorized and directed to publish
a notice of refunding one time in a newspaper published in
the City.
Section 15. The City covenants and agrees that it will
make no use of the proceeds of the bonds authorized herein
which might cause such obligations to be arbitrage bonds
within the meaning of Section 103(d) of the Internal Revenue
Code of 1954, as amended, and the Regulations proposed and in
effect thereunder.
Section 16. That if any one or more sections or parts
of this Ordinance shall be adjudged unenforceable or invalid,
such judgment shall not affect, impair or invalidate the re- ,
maining provisions of this Ordinance, it being the intention
that the various provisions hereof are severable.
Section 17, All ordinances or parts thereof in conflict
with this Ordinance are hereby repealed.
Section 18. After said Refunding Bonds are issued, this
Ordinance shall be and remain irrepealable until said bonds
and the interest thereon shall have been fully paid, satis-
fied.and discharged.
Section 19. By reason of the fact that the municipal
bond market and the government bond market are subject to
sudden and unpredictable changes, the savings and other ad-
vantages afforded to the City by refunding the issue of out- '
standing General Obligation Water Bonds described in this Or-
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dinance could be drastically reduced or eliminated, thus
jeopardizing the entire plan of refunding, all to the detri-
ment of the City and its inhabitants, it is hereby declared
that an emergency exists, and that this Ordinance is neces-
sary for the immediate preservation or protection of public
health,.property or safety, and that this Ordinance shall be-
come effective immediately, and shall be numbered and record-
ed in the Ordinance Record, authenticated by the signatures
of the Mayor and of the City Clerk, shall be published in
the Coloradoan ,.a newspaper of the
City published and of general circulation therein, within 5
flays after passage, and such publication shall also be au-
thenticated by the signatures of the Mayor and City Clerk.
INTRODUCED, PRESENTED AND FINALLY PASSED THIS 12TH DAY
OF DECEMBER, 1974.
( S E A L )
ATTEST:
—City C re_r R_ �Li �i. rifi
Thereupon Councilwoman Gray moved that
said Ordinance be passed and adopted as read, as an emer-
gency ordinance. Councilman Bowline seconded
the motion.
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The question being upon the passage and adoption of the
Ordinance, the roll was called with the following result:
Those voting AYE:
Mayor: J. W. N. Fead
Councilmen: Charles Bowling
Nancy P. Gray
Mabel Preble
Margaret E. Reeves
Jack Russell
Earl Wilkinson
Those voting NAY: none
The presiding officer thereupon declared that, the
Mayor and at least four members of the entire Council having
voted in favor thereof, the motion was carried and the Or-
dinance duly passed and adopted as an emergency ordinance.
It was then ordered that said Ordinance be recorded by
the City Clerk in the Ordinance Record of the City, and a
copy'of said Ordinance be published in a newspaper of wide
circulation in the City.
After consideration of other business to come before
the City Council, the meeting was adjourned.
( S E A L )
ATTEST:
U7-Z L_� A�'_
rty Clerk
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Presented as an Emergency Ordinance
December 12, 1974
Published December 17, 1974
Attest:
c'ty Cier
(Vote: Yeas: 7, Nays: 0)
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Escrow agreement between the City of
Fort Collins and the First National Bank of
Fort Collins approved
Mayor Fead stated a motion was necessary to approve the escrow agreement relating
to General Obligation hater Bonds.
Councilman Bowling made a motion, seconded by Councilwoman Preble, to approve
the escrow agreement and authorize the Alayor and City Clerk to execute the
agreement. Yeas: Council members Bowling, Fead, Gray, Preble, Reeves,
Russell and Wilkinson. Nays: None.
Citizen Participation
1.• Nancy York, South Whitcomb, addressed the Council on the priorities of City
spending and concerns for social services.
Councilwoman Gray responded to the funding for Social Services under revenue
Sharing. Mayor Fead stated Council shares Nis. York's concerns but many of
the things she. had pointed out in expenditures are from ear marked funds and
not at Council's discretion to spend.
2. K2vin Keane, 1712 Concord Drive, addressed the Council and requested (a)
to make it a matter of urgent priority to find out what the situation is
(based on an article that there are cancer producing substances in the
air in Fort Collins), (b) if the situation is indeed found to be gave,
to spare no effort to eliminate the problem if it is within the City
limits, and if outside the City, to take some other action.
City Manager Brunton responded to the question by saying that a meeting has
been set to discuss this with state officials and a report would be Tade to
the Council.
Appeal from National Conrenience Stores
dba Shop 'n Go Markets for two 3.2% Fermented Malt
Beverage Licenses denied by the Liquor Licensing
Authority taken under advisement
City Attorney March stated this was an appeal that is to be on the record, the
Council has received copies of the transcripts from the Liquor Licensing Authority
hearing, the City Clerk had furnished a list of the existing outlets in the City,
the address and type of outlet, also a copy of the resolution and findings of the
Authority in acting on.the two applications. State law generally requires that
in considering an application for a license, the Authority considers the needs of
the neighborhood and the desires of the inhabitants in the neighborhood. The
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neighborhood established for both applications was a 2,000 foot radius. The
City Attorney suggested that Council hear the arguments of the proponents for
license, in relation,to both the hearings; Assistant City Attorney Myatt is in
attendance and could respond to the arguments.
The possible actions of the Council would be to:
1. Refer back to the Authority for further proceedings.
2. Sustain the decision of the Authority.
3. Reverse the decision of the Authority and remand the matter to the Authority
with direction to grant the license.
The hearing followed.
Attoney Jameeachrlocations
ocat onsseparately. City Attorney1cantsMyatt�respondedd nlbehalf mofttreating
the
Licensing Authority.
(A complete transcript of this hearing was made by the Court recorder).
Councilman Russell made a motion, seconded by Councilwoman Reeves, to take this
matter under advisement and render a decision at a later date. Yeas: Council
members Bowling, Fead, Gray, Preble, Reeves, Russell and Wilkinson. Nays: None.
Washington Park -selected as site for '
new Library
Mayor Fead stated this was a hearing and requested that there not be repetition
of statements; background information would be presented by the Administration
first, then Library Board Chairman, Mrs. Bennett, would make a statement, then
public discussion.
City Manager Brunton started the presentation. The following then spoke to the
subject:
1. Sarah Bennett read from a prepared statement in support of the Library Park. .
2. Robert Clark, Chairman of the Art Center Work Group of DT2, also speaking
for Debbie Ray, Chairman of the Library Work Group, spoke in favor of the
Washington Park site for the new library.
3. Marie Nelson, 301 East Prospect, creaking as an individual and as Chairman
of the Steering Committee of DT2, spoke in favor of the Washington Park
site.
4. Frank Johnson, member of the Library Board, spoke in favor of the Library
Park site.
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5. Tom Bennett, 1513 Lakeside avenue, spoke in opposition to moving the
' library, also opposed to destroying parkland. Dr. Bennett stated he did
not see why the library could not exist at the present site with branch.
libraries.
6. William Justus Wilkinson, 429 South Whitcomb, spoke in opposition to the
Washington Park site.
7. Wynette Payne, S16 South Washington, Reading Resource Director for Poudre
R-1, spoke in opposition to the Washington Park site:
8. David Watrous, member of the Library Board, spoke in opposition to the
Washington Park site.
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9. Shirley Svedman, 1916 Sequoia, spoke in opposition to the Washington Park
site.
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Park site.
11. Dick Stevens, 723 South Washington, a member of the DT2 Library Work Group,
spoke in favor of the Washington Park site.
12., Merta Cook, Executive Director of DT2, spoke in favor of the Washington
Park site.
' 13. Jim Cox, 1751 Nedra Drive, spoke to Council's retaining an architect to
do schematic design drawings of Library Park site.
14. ' Wilson Wilmarth, 749 Cherokee Drive, a member of the Library Board, spoke
in opposition to the Washington Park site.
15. Ted Gatteau, 1400 La Porte Avenue, spoke in favor of the Washington Park
Site.
16. Arvin Lovaas, 304 East Myrtle, spoke to retain the Library Park as a park
site and for another site selection for the library, endorsed the branch
library concept and stated he hoped green belt development and open space
development would not be neglected,
17.. Bill Tietz, 1717 Rangeview Drive, spoke to the need of having a Master
Plan for the downtown area.
18. Herb Brower, 421 South Howes, -spoke in favor of the Washington Park site.
19. Helen Haas, a property owner, spoke to maintaining the library at the
present site.
20. Luther Hickman, 1418 INiedbee, spoke in favor of the Library Park site.
' Councilman Wilkinson stated lie would like to propose a compromise which could
enable the City to place the Library at the present site; that being acquiring
of additional property within one and one half blocks of the Center .'Point as
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outlined by Barton -Ashman (Oak and College) to establish parking area for the
library and the downtown area.
Councilwoman Gray stated she had decided to support the'.19ashington Park site
for several reasons; number one being that Mathews Street was one of the most
charming areas of town, secondly, she felt Council had a responsibility to
plan for the future, and she felt the library would add to the Washington Park
area.
Councilwoman Preble agreed with Councilwoman Gray, adding that it would.
improve this part of town.
Councilman Bowling agreed with Councilman Wilkinson in combining parking
facilities, and he would forward that proposal.
Mayor Fead stated lie could favor no way of putting the library in Lincoln Park
without deteriorating the park and closing out the green space in an area
where it would be difficult to acquire green areas without displacing people;
he felt we should retain the old building and make use of it, and by using
the park area in Washington Park, there is a replacement in Martinez Park,
therefore, he supported the Washington Park site.
Councilwoman Reeves stated the theme of the National League of Cities had
been urban conservation, Council should therefore look to areas that needed
upgrading, therefore, she favored putting the new library at Washington Park,
keeping the present park at the old library site, by putting an art gallery
there and keeping the museum there.
Councilman Russell stated lie felt the Library Park eras not a children's play
park, and he also favored Councilman Wilkinscn's suggestion,that he felt
the Council had had input from a great many people wishing to have Library
Park be the site of the new facility.
Councilman Russell made a motion, seconded by Councilman Bowling, that the
plan presented by Councilman Wilkinson be accepted; that the present library
site be retained and that additional parking be acquired. Yeas: Council
members Bowling, Russell and Wilkinson. Nays: Council members Fead, Gray,
Preble and Reeves. Mayor Fead declared this motion defeated.
Councilwoman Preble made a motion, seconded by Councilwoman Gray, that
Washington Park be designated as the new library site and have some pre-
liminary sketches made. Yeas: Council members Fead, Gray, Preble and
Reeves. Nays: Council members Bowling, Russell and Wilkinson.
Adj ourmient
Councilman Bowling made a motion, seconded by Councilman Russell, that the
Couincil adiourn. Nays: Council members Bowling, Fead, Gray, Preble, Reeves,
Russell and Wilkinson. Nays: None.
F1ayour
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