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HomeMy WebLinkAboutMINUTES-07/15/1975-Regular4 2- July 15, 1975 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council -Manager Form of Government Regular Meeting - 5:30 P.M. A Regular Meeting of the Council of the City of Fort Collins was held on Tuesday, July 15, 1975 at 5:30 P.M. in the Council Chamber in the City of Fort Collins City Hall. Mayor Russell called the meeting to order. Present: Council members Bloom, Bowling, Gray,, Russell and Wilkinson. Absent: Council members Reeves and Suinn. Staff members present: Brunton, Bingman, Cain, Kaplan and Lewis. Also: City Attorney March. Minutes of Regular Meetings of June 17 and July 1, 1975 and Special Meeting of June 24, 1975 approved as published Councilwoman Gray made a motion, seconded by Councilman Wilkinson, to approve the minutes of the Regular Meeting of June 17 and July 1, 1975, and Special Meeting of June 24, 1975 as published. Yeas: Council members Bloom, Bowling, Gray, Russell and Wilkinson. Nays: None. Ordinance No. 34, 1975 tabled on second reading to August 5, 1975 vacating an alley in Block 123 At the July 1, 1975, meeting the City Council adopted this ordinance on first reading. This vacation is connected with the proposed construction of the new Sheraton Inn on College Avenue. The alley in question runs through the block between College Avenue and Remington Street and Magnolia Street and Olive Street, and was part of the overall negotiated agreemenc with the Sheraton Inn owners. Apparently Sheraton Inn is still working on financing and the project is not yet a definite go. If the project does not go, the City would not want to have the alley vacated and therefore, the item should be tabled until the Sheraton owners are ready to proceed. Recommendation: The Administration recommends that the matter of passage of Ordinance No. 34, 1975, on second reading be tabled until August 5, 1975, with the understanding that it may be necessary to table again at that meeting. f 12 Councilwoman Gray made a motion, seconded by Councilman Bloom, to table ' the second reading of Ordinance No. 34, 1975 to august 5, 1975. Yeas: Council members Bloom, Bowling, Gray, Russell and Wilkinson. Nays: None. Ordinance adopted on first reading zoning the Canfield Annexation At the July 1, 1975 meeting the City Council adopted on first reading .Ordinance No. 37, 1975 annexing this 17.2 acres to the City. The requested zoning is for R-P, Planned Residential District, for the 4.7 acres fronting LaPorte and R-L-P, Low Density Planned Residential, for the remaining 12.5 acres. This zoning received the unanimous approval of the Planning Staff and the Planning and Zoning Board. 00 Councilman Wilkinson made a motion, seconded by Councilman Bowling, to adopt Ordinance No. 42, 1975 on first reading. Yeas: Council members Bloom, Bowling, Gray, Russell and Wilkinson. Nays: None. Ordinance adopted on second reading annexing the Canfield property to the City At its July 1, 1975 meeting the City Council adopted this ordinance on first reading. This proposed annexation consists of 17.2 acres of land located on the north side of LaPorte Avenue east of Taft Hill Road. Councilman Bloom made a motion, seconded by Councilwoman Gray, to adopt Ordinance No. 37, 1975 on second reading. Yeas: Council members Bloom, Bowling, Gray, Russell and Wilkinson. Nays: None. ORDINANCE NO. 37 , 1975 BEING AN ORDINANCE ANNEXING PROPERTY KNOWN AS THE CANFIELD ANNEXATION TO THE CITY OF FORT COLLINS WHEREAS, heretofore, a written petition, together with four prints of an annexation map was filed with the City Clerk of the City of Fort Collins requesting the annexation of certain territory more particularly described below to the City, and WHEREAS, the City Council has found and determined and does hereby find and determine that said petition is in ' substantial compliance with the provisions of Colorado Revised Statutes, 1973, Section 31-5-107 as amended, and 13 WHEREAS, the owners.of 100% of the property to be ' annexed have petitioned for said annexation, and WHEREAS, not less than one -sixth (1/6th) of the perim- eter of the area to be annexed is contiguous with the City of Fort Collins and a community of interest exists between the territory to be annexed and the City of Fort Collins and the territory to be annexed is urban or will be urbanized in the near future and such territory is integrated or is capable of being integrated with the City of Fort Collins, and WHEREAS, none of the provisions of Colorado Revised Statutes, 1973, Section 31-8-150 as amended, are violated by the annexation of this territory to the City, and WHEREAS, no election is required under the provisions of Colorado Revised Statutes, 1973, Section 31-8-107(2), as amended, and no additional terms and conditions are to be imposed in connection with this annexation, and . WHEREAS, the territory is eligible for annexation and the City Council desires to annex the same to the City of Fort Collins. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. That all of the territory more particularly described as situate in the County of Larimer, State of Colorado, to -wit: , 14 A tract of land situate in the SW 1/4 of the NW 1/4 of ' Section 10, Township 7 North, Range 69 West of the 6th P.M., Larimer County, Colorado, which considering the South line of said NW 1/4 as bearing N 89050'30" E and with all bearings contained herein relative thereto, is contained within the boundary lines which begin at a point on said South line which bears N 89050'30" E 672.50 feet from the West quarter corner of said Section 10 and run thence N 00009130" W 88.00 feet to a point on the center line of the New Mercer Canal; thence along ap said center line N 85025147".W 121.39 feet and again S 55059116" W 84.37 feet; thence N 00104145" W 665.00 UO feet; thence S 89050'30" W 150.00 feet; thence N 00°04'45" V` W 607.20 feet to a point on the North line of the SW 1/4 of said NW 1/4; thence N 89040' E 659.63 feet; thence S 00012' E 1325.22 feet to a point on said South line; thence S 89050'30" W 321.31 feet to the point of beginning, containing 17.2512 acres, more or less. be and it hereby is annexed to the City of Fort Collins and made a part of said City to be known as the Canfield Annexa- tibn to the City of Fort Collins. ' Section 2. That in annexing said territory to the City of Fort Collins, the City does not assume any obligation respecting the construction of water mains, sewer lines, gas mains, electric service lines, streets or any other services or utilities in connection with the territory hereby annexed except as may be provided by the ordinances of the City of Fort Collins. Introduced, considered favorably on first reading, and ordered published this 1st day of July,.A.D. 1975, and to be presented for final passage on the 15th day of July, A.D. 1975. ayor ATTEST: Zee City Clerk 15 T'6 Passed and adopted on final reading this 15th day of July, A.D. 1975. x2mmay. Mayor ATTEST: City Clerk First reading: July 1, 1975 CVote: Yeas: 5, Nays: 0) Second reading: July 15, 1975 (Vote: Yeas: 5, Nays: 0) Dates published: July 6 and 20, 1975 Attest: City Cler-k Ordinance adopted on first reading zoning the East Willox Lane ' Annexation At the July 1, 1975 meeting the City Council adopted on first reading Ordinance No. 38, 1975 annexing this property to the City. The second reading of Ordinance No. 38, will be considered at the July 15th meeting. The recommended Highway Business District zoning for this 1/4 acre parcel received the unanimous approval of the Planning Staff and Planning and Zaning Board. , Councilman Wilkinson made a motion, seconded by Councilman Bloom, to adopt Ordinance No. 43, 1975 on first reading. Yeas: Council members Bloom, Bowling, Gray, Russell and Wilkinson. Nays: None. Ordinance adopted on second reading annexing the East Willox Lane property At its July 1, 1975 meeting, the City Council adopted this ordinance on first reading. This 1/4 - acre parcel is located on the north side of Willox Lane east of College Avenue and has been surrounded by the City for over three years. The City's policy is to initiate procedures incorporating all such areas ' into the City. This policy is consistent with our long-range policy to bring all City -surrounded property into the City limits. The petition to bring this property into the City was initiated by the City. Councilwoman Gray made a motion, seconded by Councilman Bloom, to adopt Ordinance No. 38, 1975 on second reading. Yeas: Council members Bloom, Bowling, Gray, Russell, and Wilkinson. Nays: None.. u ORDINANCE NO. 38 , 1975, BEING AN ORDINANCE ANNEXING CERTAIN TERRITORY IN THE CITY OF FORT COLLINS, COLORADO WHEREAS, the property hereinafter described has for more than three (3) years been entirely contained within the boundaries of the City of Fort Collins; and WHEREAS, the City of Fort Collins desires to annex said property. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITYOFFORT COLLINS: Section 1. That all of the territory more particularly described as situate in the County of Larimer, State of Colorado, to -wit: A tract of land situate in the SW 1/4 of Section 36, Township 8 North, Range 69 West of the 6th P.M., Larimer County, Colorado, which considering the South line of said.Section 36 as bearing due East and with all bearings contained herein relative thereto, is contained within the boundary lines which begin at a point which bears East 215.00 feet from the Southwest corner of said Section 36, thence North 182.00 feet, thence East 60.00 feet, thence South 182.00 feet, thence West 60.00 feet to the point of beginning, containing 10,120 square feet. be and it hereby is annexed to the City of Fort Collins and made a part of said City, to be known as the'East Willox Lane Annexation. Section 2. That in annexing said territory to the City of Fort Collins, the City of Fort Collins does not assume 17 any obligation respecting the construction of water mains, sewer lines, gas mains, electric service lines, street or any other services or utilities in connection with territory hereby annexed except as may be provided by the ordinances of the City of Fort Collins. Section 3. Within ninety (90) days from the date this ordinance becomes effective, no building permit shall be issued for any of the lands herein described unless said lands have been zoned under the zoning ordinances of the city. Introduced, considered favorably on first reading, and ordered published this 1st day of July A.D., 1975, and to be presented for final passage on the 15th day of July A.D., 1975. olm'A�c Mayor ATTEST: ?1-xx� City Clerk Passed and adopted on final reading this 15th day of July A.D., 1975. ayor ATTEST: City Clerk 1 1 II 18 1 OD 00 1 First reading: July 1, 1975 (Vote: Yeas: 5, Nays: 0) Second reading: July 15, 1975 (Vote: Yeas: 5, Nays: 0) Dates published: July. 6 and 20, 1975 Attest: City Clerk Sole Source purchase of Load Interrupting Switch for Electric utility This is a sole source justification for the purchase of Load Interrupting Switch for the Electric Utility from I-T-E Imperial Corporation for $10,464.00. Councilman Wilkinson made a motion, seconded by Councilman Bloom, to approve the sole source purchase for the Load Interrupting Switch. Yeas: Council members Bloom, Bowling, Gray, Russell and Wilkinson. Nays: None. Ordinance adopted as an Emergency Ordinance relating to local Public Improvements City"Attorney March stated the Administration had met with Bond Counsel in preparation for selling the bonds. The City's enabling Ordinance authorizing Improvement Districts sets a maximum limit on bonds for interest rate at six percent; today's market will not sell bonds at six percent. Bond Counsel had the opinion that it was possible that a court suit construing that might well say that a discount was in the nature of. interest and also invalid, therefore, Council needs to get rid of the six percent maximum on limitation on interest in the Improvement District Ordinance. Before action is taken on District 69, he would request Council take action on an Emergency Ordinance which would eliminate that bid on the interest. City Clerk, Verna Lewis, read the Ordinance at length. Councilman Wilkinson made a motion, seconded by Councilman Blocm, to adopt Ordinance No. 45, 1975 as an Emergency Ordinance. Yeas: .Council members Bloom, Bowling, Gray, Russell and Wilkinson. Nays: None. ORDINANCE NO. ��1975 BEING AN ORDINANCE AMENDING CHAPTER 16 OF THE CODE OF THE CITY OF FORT COLLINS ' RELATING TO LOCAL PUBLIC IliPROVEMENTS ANDDECLARINGAN EMERGENCY 19 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. That Section 16-24 of the Code of the City of Fort Collins be, and the same hereby is, amended to read as follows: V1516-24. Payment of assessments in installments. "In case of such election to pay in installments, the assessments shall be payable in installments of not less than two (2) nor more than twenty (20) equal installments of principal, the first of which installment shall be payable in not less than thirty (30) days nor more than five (5) years, and the last in not more than twenty (20) years, with interest on the unpaid principal payable semi- annually at a rate to be established by the City Council in the ordinance making such assessments, which rate shall not exceed the interest rate payable on the bonds issued to pay the cost of the improvements. The number of installments, the period of payment and the rate of interest shall be determined by the Council and set forth in the assessing ordinance." Section 2. That Section 16-28 of the Code of the City of Fort Collins be, and the same hereby is, amended by deleting therefrom the last sentence -thereof and by substituting therefor the following: "Said bonds shall be negotiable in form and shall lear interest as may be fixed by the City Council, payable semiannually, evidenced by coupons bearing the facsimile signature of the City Clerk." Section 3. The City of Fort Collins now has organized improvement districts and is in the process of constructing improvements in connection with such districts. It is necessary that the City issue and sell bonds to pay the cost of such improvements as soon as possible, and the provisions of the within ordinance are necessary in order to issue and sell such bonds. Therefore, an emergency exists for the actual preserva- tion of the public peace, health, safety and property, and this ordinance is passed as an emergency measure and shall immediately taYC effect upon its passage. Introduced andadoptedby the unanimous vote of all members of the City Council at a regular meeting held this 15th day of Jv!.Y, A.D. 1975. 2' ATTEST: City Clerk R&Yor. 00 Emergency Ordinance readingJul 15 1975 Date published: July 20, 1y 975 Note: Yeas: 5, Nays: 0) Attest: City Clerk Resolution adopted as amended authorizing Notice of Sale of Bonds in connection with Street Improvement District No. 69 City Attorney March stated the resolution itself is in proper form, how- ever, it should have a heading. He suggested the resolution be amended to insert the following heading: RESOLUTION OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING THE FORA OF NOTICE OF SALE OF BONDS OF STREET Il 1PROVEtiIF'�Ji I' DISTRICT NO. 69 AND DIRECTING PUBLICATION OF SUCH NOTICE and by changing the attestation from the Director of Finance to the City Clerk. Councilman Bowling made a motion, seconded by Councilwoman Gray, to amend the resolution as suggested by the City Attorney. 'Yeas: Council members Bloom, Bowling, Gray, Russell and Wilkinson. Nays: None. Councilwoman Gray made a motion, seconded by Councilman Wilkinson, to adopt .the resolution as amended. Yeas: Council members Bloom, Bowling, Gray, Russell and Wilkinson. Nays: None. RESOLUTION 75-41. CF THE COLMIL OF 'i':-,t. CITY OF FORT'COLL121S APPROVING TIE FMI1 OF NOTICE OF SALE OF MN'DS OF 'S'I 2EET MPROVDINT DISTRICT NO. .69 AND DIRrx''jL=G PUBLII�tuiuiv vF S'u .., 'IXTICE 21 WHEREAS, by Ordinance No.29,1974, finally passed ' and adopted on June 27, . 1974 the City Council has created Street Improvement District No. 69, in the City of Fort Collins for the purpose of constructing and installing street paving, curb, gutter, sidewalk and street lighting improvements on certain streets therein; and WHEREAS, the City Council has determined that it is necessary to provide for the issuance of bonds in the amount not exceeding $500,000 to pay for the cost of said improvements, the principal of and interest on the bonds to be payable from special assessments to be levied against the property within the District and specially benefited by the improvements to be constructed and installed; and WHEREAS, the City Council has determined that it is advisable to advertise for the sale of said bonds; -BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF , -FORT COLLINS, COLORADO: 1. That notice of sale of bonds of the City for .Street Improvement District No.. 69, in the principal amount of $500,000, shall be given by publication in two issues of The Fort Collins Coloradoan, a newspaper published and of general circulation in the City, in the editions dated July 29 and August 5, 1975. 2. The form of the notice of sale shall be substantially as follows: NOTICE OF SALE CITY OF FORT COLLINS, COLORADO STREET IMPROVEMENT DISTRICT NO. 69 BID OPENING: TUESDAY, AUGUST 19, 1975 2:00 P.M. , 1 22 NOTICE IS HEREBY GIVEN that the City of Fort Collins, Colorado, will receive sealed bids at the office of the Director of Finance at the Municipal Building, 300 LaPorte Avenue, in Fort Collins, Colorado 80522, until 2:00 P.M., on Tuesday, August 19, 1975, for the purchase of Special Assessment Bonds in the principal amount of $500,060 / of the City of Fort Collins, Colorado for Street Improvement District No. 69. The bonds will be dated July 1, 1975 and due July 1, 1986, subject to prior redemption in direct numerical order on any interest payment date upon thirty go (30) days published notice, upon payment of par and accrued 30 interest. The bonds shall be in the denomination of $1,000 each, numbered 1 to 500 'inclusive. C7 Q The interest on the bonds shall be payable on July 1, 1976 and semi-annually thereafter on January 1 and July 1, each year. For the purpose of comparison only, bids shall be submitted on the following estimated dates of payment which are only an estimate based on past experience, and are in no way. guaranteed. Amount Estimated Date of Pavment ' $100,000 July 1, 1976 100,000 July 1, 1977 50,000 July 1, 1978 50,000 July 1, 1979 50,000 July -1, 1980 $ 30,000 July 1, 1981 30,000 July 1, 1982 .30,000 July 1, 1983 30,000 July 1, 1984 30,000 July 1, 1985 The principal and interest on said bonds shall be payable at the office of the Director of Finance, in Fort Collins, Colorado. The bonds will bear interest at the rate of 6% per annum;.each bidder should indicate the amount of premium above par or the amount of discount below par, but not to exceed more than 10% of the principal amount of bonds, at which price the bidder will purchase the bonds. ' - Subject to the right of the City to reject any and all bids received, the bonds will be awarded on the bid representing the lowest net interest cost to the City based upon the estimated dates of payment as set forth above. 23 The bonds will be payable from special assessments ' to be levied against the property within the District specially benefited by the construction of the improvements. The Charter of the City also provides: "Whenever three -fourths (3/4) of the securities issued for a special or local improvement district have been paid and cancelled and for any reason the remaining assessments are not paid in time to redeem the final securities for the district, the City shall pay the securities when -due and levy additional ad valorem taxes necessary therefor and reimburse itself by collecting the unpaidassessments due the district." All bids must be unconditional and shall be accompanied by a cashier's or certified check in the amount of $ 15.000 payable to the City of Fort Collins. Checks of unsuccessful bidders will be promptly returned. The good faith deposit will be credited to the purchaser at the time delivery of the bonds is made; and if the successful bidder shall fail or neglect to complete thepurchase of the bonds in accordance with the bid, the amount of the deposit shall be held by the City as liquidated damages. The City of Fort Collins reserves the privilege of waiving any defect or irregularity in any bid. The award of the bonds will be made by the City Council ' at the regular meeting on August 19, 1975 at 5:30 P.M., or at an adjournment of the regular Council meeting of that date. Delivery of the Bonds will be made at any bank or trust company in either Fort Collins or Denver, Colorado, or elsewhere at the request and expense of the purchaser. Additional information concerning this issue and the District may be obtained from Mr. Charlie D.Cain, P. O. Box 580, Fort Collins, Colorado 80522 or from Boettcher and Company, 828-17th Street, Denver, Colorado 80202, the financial consul- tant to the City. The City of Fort Collins will furnish the printed bonds, a.certified transcript of legal proceedings and the approving opinion of Messrs. Willson and Lamm, Attorneys at Law, Denver, Colorado. A certified copy of the approving opinion will be printed upon each bond without additional cost. DATED at Fort Collins, Colorado, as of the 15th day of July, 1975. 1 24 ------------ /s/ Jack E. L. Russell Mayor City of Fort Collins, Colorado ATTEST:. /s/ Charlie D. Cain Director of Finance OD City of -Fort Collins, Colorado Publish in: The Fort Collins Coloradoan d Publish on: July 29 and August 5, 1975 3. In addition to the publication of the notice of sale, the Director of Finance and the Financial Consultant are authorized to forward a copy of the prospectus and notice of sale, to those investment banking firms, banks and others who might be interested in bidding on bonds of the City. ' '4. That if any one or more sections or parts of this Resolution shall be adjudged unenforceable or invalid, such judgment shall not affect, impair or invalidate the remaining provisions of this Resolution, it being the intention that the various provisions hereof are severable. ADOPTED A= APPROVED this 15th day of July, 1975. ( S E A L ) ATTEST City Clerk Mayor 25;. Resolution adopted as amended regarding interim and permanent financing for Platte River Power Authority City Attorney March stated the copy of the resolution sent to Council was not in formal form. The resolution should be amended by changing the title to read as follows: RESOLUTION OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING A DINORA M OF AGRFDIEV'T BETWEEN MORGAN GUARANTY TRUST COMPANY OF NEW YORK,' FIRST NATIONAL BANK, PLATTE RIVER POWER AUTHORITY, THE TOWN OF ESTES PARK, COLORADO, THE CITY OF FORT COLLINS, COLORADO, THE CITY OF LOVELAND, COLORADO AND THE CITY OF LONGMONT, COLORADO, AND DIRECTING THE REPRESENTATIVE FROM THE CITY TO THE PLATTE RIVER POWER AUTHORITY BOARD OF DIRECTORS TO VOTE IN FAVOR OF THE ADOPTION OF A GENERAL BOND RESOLUTION AND SETTING FORTH THE UNDERSTANDING OF THE CITY OF FORT COLLINS REGARDING PROVI- SIONS OF A CONTRACT FOR ELECTRIC POWER AND ENERGY BEIIVEE.N THE CITY AND PLATTE RIVER POWER AUTHORITY then in the first paragraph in the blanks should be.inserted, The City of Fort Collins; in Section 2, the words "is hereby approved" should be deleted and the resolution should end with the following language: "Passed and adopted at a•regular meeting of the City Council held this 15th day of July, A. D. 1975." Councilman Bowling made a motion, seconded by Councilman Wilkinson, to amend the resolution (as above). Yeas: Council members Bloom, Bowling, Gray, Russell and Wilkinson. Nays: None. Councilman Bowling made a motion, seconded -by Councilman Wilkinson, to adopt the resolution as amended. Yeas: Council members Bloom, Bowling, -Gray, Russell and Wilkinson. Nays: None. RESOLUTION 75-42 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING A MEMORANDUM OF AGREEMENT BETWEEN MORGAN GUARANTY TRUST COMPANY OF NE14 YORK, FIRST NATIONAL BANK, PLATTE RIVER POWER AUTHORITY, THE TOWN OF ESTES PARK, COLORADO, THE CITY OF FORT COLLINS, COLORADO, THE CITY OF LOVELAND, COLORADO AND THE CITY OF LONGMONT, COLORADO, AND DIRECTING THE REPRESENTATIVE L� '26 -- -- -- FROM THE CITY TO THE PLATTE RIVER POWER AUTHORITY BOARD OF DIRECTORS TO VOTE IN FAVOR OF THE ADOPTION OF A GENERAL BOND RESOLUTION AND SETTING FORTH THE UNDERSTANDING OF THE CITY OF FORT COLLINS REGARDING PROVI- SIONS OF A CONTRACT FOR ELECTRIC POWER AND ENERGY BETWEEN THE CITY AND PLATTE RIVER POWER AUTHORITY 00 WHEREAS, the City Council of the City of Fort Collins has 30 reviewed Revenue Bond financing plans proposed for the Platte CC) River Power Authority ("Platte River"), including specifically, that certain resolution proposed for adoption by the Board of `Q Directors of the Platte River Power Authority entitled "General Bond Resolution," a copy of which is on file with the City Clerk; and WHEREAS, Platte River needs to increase its available interim financing by $5,000,000.00 and extend the maturity date of all interim financing to October 1, 1975, so as to have adequate funds for construction financing and greater flexibility in timing the marketing of such Revenue Bond financing, which need is recognized and acknowledged by this City Council; and WHEREAS, Platte River has borrowed from First National Bank, Fort Collins, Colorado (the "Bank") and from Morgan Guaranty Trust Company of New York ("Morgan") the total sum of $11,500,000.00 under the terms of various agreements, to -wit: (1) Agreement dated July 25, 1973, between Platte River and Bank, by which the sum of $4,000,000.00 was borrowed; (2) Agreement between Platte River and Morgan dated September 18, 1974, under which the sum of $2,500,000.00 was borrowed; (3) Agreement between Platte River and Morgan dated May 2, 1975, by the terms of which $5,000,000.00 was borrowed; and WHEREAS, the repayment of each loan is assured by the terms of the loan agreements, and the documents evidencing the loan, and by the resolutions of this City and other participants acknowledging their obligation to provide Platte River, on A pro-rata basis, with sufficient funds, to the extent necessary, to enable Platte River to repay all principal and interest due on said notes at maturity; and WHEREAS, it is desirable that the terms of the loans should be extended, the loan agreements modified, and one of the loans increased; and WHEREAS, the City Council is fully advised in the premises. 21 .NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. That the Memorandum Agreement between Morgan Guaranty Trust Company of New York, First National Bank, Platte River Power Authority, The Town of Estes Park, Colorado, the City of Fort Collins, Colorado, the City of Loveland, Colorado, and the City of Longmont, Colorado, a copy of which agreement is attached hereto and made a part of this resolution, is approved; That the proper officers of the City of Fort Collins, Colorado, are authorized and instructed to execute said memorandum agreement on behalf of the City of Fort Collins; and That such memorandum agreement constitutes a valid and legally binding obligation of the City of Fort Collins. Section 2. The general terms and conditions for the issuance of the Platte River Power Authority Electric Revenue Bonds, as set forth in the General Bond Resolution, are hereby approved, and the representative of this City on the Board of Directors of Platte River is hereby authorized and directed to vote in favor of the adoption of said General Bond Resolution by the ' Board of Directors of Platte River, substantially in the form submitted to this Council and on file with the City Clerk, together with such changes to Article II thereof as may be deemed necessary to make such Electric Revenue Bonds more marketable. Section 3. This City Council does hereby acknowledge that Section 6.12 of the General Bond Resolution requires Platte River to maintain rates so as to provide net revenues equal to at least 1.25 times annual debt service to avoid default, which means that a rate in excess of that level is considered necessary and desirable by the financial community, and this City Council does hereby recognize and agree that such rate and rate covenant was contemplated and intended by Section 2(b)(iii) of the September-5, 1974, Contract for Electric Power and Energy between this City and Platte River. Passed and adopted at a regular meeting of the City Council held this_15th day of July, A.D. 1975. ATTEST: ity Clerk Mayor 1 2&' 2.9 Resolution adopted approving resolution of the Larimer-Weld COG calling for a study of the high -occupancy transportation systems operation in the Larimer-held region_ Several years ago Weld County withdrew from the Denver Area Rapid Transit District indicating that, with the formation of the Larimer-Weld COG, some work would be done on a Larimer-Weld Rapid Transit District study. Subsequently, as a result of a vote of the people, the City of Fort Collins J0 went into the high -occupancy transportation system operation. At that time tX� we indicated that, if there was any other level of service that could pro- vide mass transportation to the citizens of Fort Collins on a better, more CZ) effective, or less expensive basis, we should be willing to discontinue our service in light of the other. What is needed to really determine the present and future needs of our area and, for that matter, the entire Larimer-Weld area is a study of transportation problems. On July 2, 1975, the Larimer-Weld COG adopted a resolution concerning this study, and also placing certain controls over transportation operations. It is specifically understood that the continuing processing of our applica- tion -with the Federal Government with regards to a grant is not effective. This grant application has already received A-95 approval. Also, according to the resolution, the study should be completed within six months, even if ' we receive final approval from the Federal government and the City Council for expanded service. We would not have this in the next 6-month period. Councilwoman Gray expressed concern that if the study is not completed within six months, will the City still be obliged to go along with the resolution. City Attorney March stated the resolution sets out the six month provision. Councilman Bowling made a motion, seconded by Councilman Wilkinson, to ' adopt the resolution. Yeas: Council members Bloom, Bowling, Gray, Russell and Wilkinson. Nays: None. RESOLUTION 75-43 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING A RESOLUTION OF THE LARIMER-WELD COG CALLING FOR A STUDY OF THE HIGH -OCCUPANCY TRANSPORTATION SYSTEMS OPERATING IN THE LARIMER- WELD REGION AND AGREEING ON BEHALF OF THE CITY OF FORT COLLINS TO PARTICIPATE WITH THE SPECIAL TRANSPORTATION COMMITTEE ESTABLISHED BY THE LARIMER-WELD COG TO OVERSEE THE STUDY 29: :.,�, WHEREAS, the Larimer-Weld Regional Council of Governments ' Governing Board has adopted on July 2, 1975, a resolution calling for a study of the high -occupancy transportation systems operating in the Larimer-Weld Region to be undertaken by the Larimer-Weld COG, a copy of which is attached hereto and incorporated herein by reference; and WHEREAS, it is the opinion of the City Council that the best interests of the City of Fort Collins would be served if the City of Fort Collins were to approve the attached resolu- tion and agree to the conditions contained therein. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. That said resolution which has been attached hereto and incorporated herein by reference is accepted and adopted. Section 2. That the City of Fort Collins hereby agrees to the conditions set forth in said resolution. Section 3. That the City Council of the City of Fort Collins agrees to participate to the fullest extent possible , with the special transportation committee established by the Larimer-Weld Regional Council of Governments to oversee the study. Passed and adopted at a regular meeting of the City Council held this 15th day of July, A.D. 1975. / �- ATTEST: mayor o i y C er Ordinance adopted on ,second reading relating to the Electrical Code City Attorney March stated this is the official hearing on the Code. Building Inspector, Paul Michaud, stated the department was satisfied with the Ordinance. Councilman Bloom made a motion, seconded by Councilman Wilkinson, to adopt I Ordinance No. 35, 1975 on second reading. Yeas: Council members Bloom, Bowling, Gray, Russell and Wilkinson. Nays: None. 310 3 ORDINANCE NO. 35 , 1975 BEING AN ORDINANCE AMENDING CHAPTER 47 OF THE CODE OF THE CITY OF FORT COLLINS ADOPTING AN ELECTRICAL CODE AND PROVIDING FOR THE PROTECTION OF THE PUBLIC HEALTH AND SAFETY AND RELATING TO THE REGULATION OF PERSONS ENGAGED IN THE BUSINESS OF ELECTRICAL WIRING, PERSONS LABORING AT THE TRADE OF ELECTRICIAN, THE INSTALLATION, ALTERA- TION OR REPAIR OF ELECTRICAL WIRING, AND THE INSPECTION THEREOF,IN THE CITY OF FORT COLLINS pp AND ADOPTING BY REFERENCE THE NATIONAL ELECTRICAL 00 CODE, 1975, PROMULGATED BY THE NATIONAL FIRE on PROTECTION ASSOCIATION,'WITH CERTAIN CHANGES AND AMENDMENTS, AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF Ga BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. Pursuant to the authority conferred by Section 7 Article II, of the Charter of the City of Fort Collins, there is hereby adopted by the City of Fort Collins for the purpose of providing for the protection of public health and safety and for the purpose of regulating persons engaged in the business of electrical wiring, or persons laboring at the trade of electrician, or for the purpose of regulating the installation, alteration or repair of electrical wiring systems in the City of Fort Collins, Colorado, that certain code known as the National Electrical Code, 1975, promulgated by the National Fire Protection Association and the whole thereof, including the introduction, tables and examples, index and appendix thereto, save and except such portions as are hereafter changed, modified or amended (by Section 2 of this ordinance) of which Code not less than three copies have been and now are filed in the office of the Clerk of the City of Fort Collins and may be inspected at regular business hours or purchased by the public at a price not to exceed the actual cost of the same to the City of Fort Collins, and such Code is hereby adopted and incorporated as fully as if set forth at length herein and from the date on which this ordinance shall take effect, the provisions thereof shall be controlling within the limits of the City of Fort Collins, Colorado. Section 2. That Section 47-2, of the Code of the City of Fort Collins be, and the same hereby is, amended to read as follows: ' §47-2. Amendments to code adopted. "The following chapters, sections or parts thereof of the National Electrical Code, 1975, are hereby amended as follows: 3 "A. Section 230-72(c) is hereby amended to read ' as follows: "The disconnecting means shall be located at a readily accessible point nearest to the entrance of the conductors either inside or outside the building or structure; provided, however, that for all buildings except one - or two-family dwellings, such disconnecting means shall be located on the exterior of the building. Sufficient access and working space shall be provided about the discon- netting means." "B. Section 620-51 is amended by adding thereto a subsection (c) to read as follows: "(c) No heat sensitive switches shall be permitted as the controlling means." Section 3. Section 47-3 of the Code of the City of Fort Collins be, and the same hereby is, amended -by deleting therefrom the words and figures: "National Electrical Code, 1971", and by substituting therefor the words and figures: "National ' Electrical Code, 1975". Section 4. Section 47-4 of the Code of the City of Fort Collins be, and the same hereby is, amended by adding to said section at the end thereof the following: "Where work for which a permit is required by this Code is proceeded with prior to obtaining said permit, the fee specified shall be doubled but the payment of such double fee shall not release any person from the obliga- tion to fully comply with the requirements of the Code in the execution of the work nor from any other penalties prescribed herein. This provision shall not be construed to apply to bona fide emergency work when it shall be established to the satisfaction of the Chief Building Inspector that such work was urgently necessary and that it was not practical to obtain a permit therefor before the commencement of the work. In all such cases, a permit must be obtained as soon as it is practical to do so and if there be an unreasonable delay in obtaining said permit, a double fee as provided herein shall be charged. A delay beyond the succeeding regular working day shall be deemed to be unreasonable." Section 5. Section 47-6 of the Code of the City of Fort I Collins is hereby amended by changing subpart A thereof to read as follows: 32 33 ' AMOUNT OF FEE "A. Special improvement permit for existing single-family dwelling occupancies only covering a new service and/or ten (10) or fewer outlets . . . . . . . . . . . . . . . . . $ 5.00" Co and by changing subpart E of said section to read as follows: 70 ' UD "E. Reinspections . . . . . . . . . . . . . . . 10.00" CZ) Section 6. Section 47-7 of the Code of the City of Fort p Collins be, and the same hereby is, amended by adding thereto a subsection C as follows: "C: Reinspections. A reinspection fee may be assessed for each inspection or reinspection when a portion of the work for which inspection is called is not complete or when corrections called for are not made. This subsection is not to be interpreted as requiring reinspection fees the first time a job is rejected for failure to comply with the requirements of the Code but is intended to control the practice of calling for inspections before the job is ready for such inspection or reinspection. Reinspection fees may be assessed when the permit card is riot properly posted on the work site, the approved plans are not readily available to the inspector, or for failure to provide access to the project on the date for which inspection is requested, or for deviating from plans requiring the approval of the building official. To obtain a reinspection the applicant shall file an applica- tion therefor in writing upon a form furnished by the Building Inspector's office and pay the reinspec- tion fee. In instances where reinspection fees have been assessed, no additional inspection of the work will be performed until the required fees have been paid." Section'7. The Code adopted by this ordinance (the National Electrical Code, 1975) does not contain any separate penalty provision. Section 1-23 of the Code of the City of Fort Collins, which provides as follows: ' "51-23. General penalty for violations. "Any person, firm or corporation who shall violate any provision of the Code, or any provision of any code or other regulation adopted by reference by this Code, by 33 doing any act prohibited or declared to be unlawful thereby, or declared to be an offense or misdemeanor thereby, or who shall engage in or exercise any business or occupation or do anything for which a license or permit is required, without having a valid license or permit therefor as required, or who shall fail to do any act required by any such provision,. or who shall fail to do any act when such provision declares such failure to be unlawful or to be an offense or misdemeanor, shall be guilty of a misdemeanor, and, upon conviction, shall be punished by a fine not exceeding three hundred dollars ($300.) or by imprisonment not exceeding ninety (90) days, in addition to the collection of any costs which may be provided for, unless a specific penalty is provided for a particular misdemeanor. Each day upon which any violation shall continue shall con- stitute a separate misdemeanor unless some other specific time period is provided for any particular violation." is applicable in case of any violation of the Code adopted by this ordinance. Introduced, considered favorably on first reading, and ordered published this 17th day of June, A.D. 1975, and to be presented for final passage on the 15th day of July, A.D. 1975. ATTEST Mayor Pro Tem City Cler Passed and adopted on final reading this 15th day of ly, A.D. 197S. �htayor ATTEST: Ci y C erk 34. 1 1 3- 5.�. ' First reading: June 17, 1975 (Vote: Ayes: 5, Nays: 0) .Second reading: July 15, 1975 (Vote: Ayes: 5, Nays: 0) Dates published: June 22, 1975 and July 20, 1975 Attest: .Q/Ltic.ti . City Clerk Resolution adopted approving agreement with 00 the Public Employer's Group, Inc. C: Councilwoman Gray made a motion, seconded by Councilman Bowling, to adopt � the resolution. Yeas: Council members Bloom, Bowling, Gray, Russell Q and Wilkinson. Nays: None. RESOLUTION 75_44 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING AN AGREEMENT TO'BE ENTERED INTO WITH THE PUBLIC EMPLOYER'S GROUP, INC., A COLORADO NON-PROFIT CORPORATION '. WHEREAS, the Public Employer's Group, Inc., is a Colorado non-profit corporation formed by and among public agencies and entities in the State of Colorado; and WHEREAS, such corporation was formed to provide communica- tion and common understanding among public employers concerning public employee labor relations and to develop solutions to such matters which will be to the mutual benefit of such public employers and the citizen taxpayers whom they serve; and WHEREAS, the City Manager has recommended to the City Council that the City of Fort Collins become a member of the Public Employer's Group, Inc.; and WHEREAS, a form of proposed agreement whereby the City of Fort Collins would become a member of the Public Employer's 'Group, Inc., has been prepared and presented to the City Council and the City Council desires to approve the recommendation of the City Manager and authorize the City of Fort Collins becoming a member of such corporation. NOW, THEREFORE, BE IT RESOLVED OF FORT COLLINS that the terms and —' agreement between the City of Fort Employer's Group, Inc., are hereby BY THE COUNCIL OF THE CITY conditions of the proposed Collins and the Public accepted and approved; and 35 s k —•. 1 1 L J 6 BE IT FURTHER RESOLVED that the City Manager and City Clerk be, and they hereby are, authorized and directed to execute said agreement for and on behalf of the City of Fort Collins; and BE IT FURTHER RESOLVED that the City Council, recognizing that the City Manager has responsibility in the area of.personnel administration in the City, hereby designates the City Manager as the representative of the City of Fort Collins to the Public Employer's Group, Inc. Passed and adopted at held this 15th day of July, ATTEST - 'City Clerk a regular meeting of the City Council A.D. 1975. yor Resolution adopted establishing an "Affirmative Action Program for the City Councilman Bloom stated he had several questions: ' I. Equal Opportunity Policy Declaration, there are a couple of instances which address "Special efforts" he felt this was a very vague term. Ann Sachsresponded to the "special efforts" dealing with recruitment. 2. No mention is made that a person must be qualified for the job. Ms. Sachs stated the intent is not to hire less qualified people, but to be sure that the City is not discriminating in setting standards. 3. The Equal Opportunity Officer, is that current staff or a new position? Ms. Sachs stated this is a proposal for 176. 4. Memorandum attachment I, Council Bloom stated he disliked the burden of proving non-discrimination, resting with the employer. S. "Dictate a Reasonable Plan" - he did not feel what is outlined is, by his . definition, a reasonable plan. Specificially, relating to `order utilization and'its causes", he defied the City to get this in writing. 6. Alternative No. 2 - "appoint Rosita Bachmam as Hunan Rights Officer". What are her qualifications and training? Further how would this fit in with Chapter 45 of the Code dealing with discrimination. Ann. Sachs spoke to Dis. Bachmann 's.qualifications and the possibility of ' losing Federal Funds if an Affirmative Action Plan is not adopted. Council unman Gray stated she was glad the City is catching up with Affirmative Action before it cathes up with us, she also spoke in favor of Alternative 2. 36 1 GO 00 00 C:7 Q I I Councilmen Bowling and Wilkinson stated they recognized the need for such a Plan. Ann Sachs introduced Rosita Bachmann and Wayne Taylor who have worked on this project. Leonore Tiefer spoke in favor of the Affirmative Action Plan. Councilwoman Gray made a motion, seconded by Councilman Bowling, to adopt the resolution. Yeas: Council members Bowling, Gray and Russell. Nays: Council members Bloom and Wilkinson. RESOLUTION 75-45 S OF THE COUNCIL OF THE CITY OF FORT COLLINS ESTABLISHING AN AFFIRMATIVE ACTION PROGRAM IN THE CITY WHEREAS, in its Charter and ordinances the City of Fort Collins is committed to a policy of equality of opportunity in all aspects of employment, including recruitment, examina- tion, selection, appointment, compensation, training, promotion and retention with qualifications for positions in the City service according to merit and fitness, without regard to race, color, creed, sex, national origin, marital status or age (40 to 65), political affiliation, or physical handicap; and WHEREAS, State and Federal statutes, particularly the 1972 amendment to the United States Civil Rights Act of 1964, require local governments to operate.their personnel management programs without discrimination; and - WHEREAS, the City Manager who under the Charter of the City of Fort Collins has general responsibility for personnel manage- ment feels the need to develop an Affirmative Action Program to foster a better balance of qualified minority, female and other disadvantaged employees throughout the City personnel service; and WHEREAS, the City Council desires to reaffirm its support of an aggressive program aimed at providing equal employment opportunity. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the City Council hereby endorses, in concept, the City Manager's Affirmative Action Program proposal and urges all City agencies, officers and employees to cooperate and assist in the development and implementation of ,this constructive effort to insure that the City's employment process is free from any conscious or unintentional discrimination because of race, color, creed, sex, marital status, political affiliation, physical handicap, or age (40 to 65). 37 t'{ Passed and adopted at a, regular meeting of the City Council held this 15th day of July, A.D. 1975. ATTEST: Y Ma� Y -Clerk Proposal from International Investments and Management Corporation approved " City Attorney March stated two items were under consideration, Mr. March repeated the history of the water rights due the City on this annexation and the moritorium on accepting water from the Southside ditches; which has subsequently been lifted at one-half the original yield. During this time the raw water requirements have gone up considerably. The recommendation on the water rights is to extend that agreement for two years; the other part is the need the City has for right-of-way for Improvement District No. 69. International Investments owns a substantial portion of the right -of -may, for which they wished to be paid; the City does not wish to make a cash contribution. ' • Recommendation: The Administration recommends that the City Council accept e proposal oposal of International Investments and Managements Corporation and authorize the City Manager and City Clerk to enter into an agreement extend- ing the water agreement referred to in exchange for the right-of-way which the City is requiring for District 69. Councilwoman Gray made a motion, seconded by Councilman Wilkinson, to approve the recommendation. Yeas: Council members Bloom, Bowling, Gray, Russell and.Wilkinson. Nays: None. Ordinance adopted on first reading assessing cost of work done on trees against properties in the City At the July 1, 1975 meeting the City Council discussed the tentative assessment role prepared by Charlie Cain, Finance Director, in connection with the 1974 tree assessment project. Several property owners present at the meeting objected to the assessment. We also received written objections from several property owners. All objections were included in the minutes. The City Council instructed the City Attorney to arrive at some sort of settlement with the various objecting property owners.' 0 1 1 319_ Councilman Wilkinson made a motion, seconded by Councilwoman Gray, to adopt Ordinance No. 44, 1975 on first reading. Yeas: Council members Bloom, Bowling, Gray, Russell and Wilkinson. Nays: None. Avery Park site for proposed relocation of Fire Station Following is the City Manager's memorandum on this item: OD- Earlier this year the City Council received a complete report from our 00 staff in conjunction with a study made by Public Technology, Inc., con- 00 cerning fire station locations. At that time it was decided that over a period of five to ten years we could pay for the cost of relocating Fire Stations 2 and 3. In fact, relocating Fire Stations 2 and 3 will give us better fire coverage than adding a fourth station inthe southwest part of the city. However, the City will evenutally have to build an additional fire station in the far north section of the city. According to a computer runout, the optimum location for the westside station is on Taft Hill Road someplace between Prospect and Elizabeth. One site under consideration was the front part of Avery Park on the southeast corner of Taft Hill Road and Clearview Avenue. Before proceeding with this site, the Council instructed the Administration to notify and have a meeting with the abutting property owners. On Wednesday evening, July 2, 1975, members of the City staff met with about twenty property owners in this area. Prior to that time the Council received a written petition objecting to this relocation. The objections were based on the restriction in the deed requiring the property to be used for park purposes only, loss of more park land, problems of the flood plain and soil conditions, and the necessity of covering the ditch. Our primary reason for considering this site was that it was a good location and would not cost the City any money for land acquisition. All present at the July 2nd meeting except one were opposed to the City relocating the fire station at this location. We explained to the property owners that we were only exploring and after reviewing the entire matter, we would report back to the City Council. We also indicated that the City attempts to listen to and weigh public input. However, there is a need to balance petition objections against the needs and overall_ community benefits. Because of the many conditions, the Administration believes that we should not explore the use of this site further. There are enough physical and legal problems and alternate sites available.to make it advantageous for us to look for another site. Councilman Wilkinson stated he had received negative comments from area residents on takinga fire station out of the park and that Council should leave Avery Park oven as an option. . M Councilman Bowling made a motion, seconded by Councilman Wilkinson, to instruct the Administration to look at other sites in the area for a ' westside fire station. Yeas: Council members Bloom, Bowling, Gray, ,,. Russell and Wilkinson.,, Nays: None. Ordinance adopted on first reading providing Flood Hazard Area Regulations Councilman Bloom inquired if the Couunty's Plan is different enough from 'the City's Plan that problems of annexation at future dates will occur, secondly, can't the City agree with the County and thirdly, why the rush. City Manager Brunton stated the City had been working on this ordinance for over 18 months. The County has not moved on this and the City felt they could not wait any longer. - y Councilwoman Gray inquired into a provision in Section 8. Nonforming Uses under Item A. "If such use is continued for twenty-four (24 consecutive months, any future use shall conform to the requirements of this ordinance." City Attorney March stated the word "continued" should be "discontinued". Associate Planner, Ted Rodenbeck, gave a summary of the provisions of the ordinance. ' Councilwoman Gray made a motion, seconded by Councilman Bowling, to amend the Ordinance by stricking "continued" and inserting "discon- tinued" in Section 8A on Page 17. Yeas: Council members Bloom, Bowling, Gray, Russell and Wilkinson. Nays: None. Councilwoman Gray made a motion, seconded by Councilman Bloom, to adopt Ordinance No. 40, 1975 on first reading. Yeas: Council members Bloom, Bowling, Gray, Russell and Wilkinson. Nays: None. Other Business Coumcilimman Gray made a motion, seconded by Councilman Bowling, to have the following department heads participate at the following Grand Opening in conju:ru_tion with the Red Carpet Committee of the Chamber of Commerce: 1. Verna Lewis - Toot and Moo - July 16, 1975. 2. Stan Case - Pioneer Impressions - July 21, 1975. 3. Roger Krempel- Cammel's Hump --July 23, 1975 4. Charlie Cain - Armaay Distributors - July 18, 1975. S. Les Kaplan - Bonanza Restaurant- July.25, 1975 , 6. Roy Bingman - County Kitchen - July 28, 1975 Yeas: Council members Bloom, Bowling, Gray, Russell and Wilkinson. Nays: None. 4ti 41 Adjournment Councilwoman Gray made a motion, seconded by Councilman Bloom, that the Council adjourn. Yeas: Council members Bloom, Bowling, Gray, Russell and Wilkinson. Plays: None. Yor AT=: 4/ city ler a. j