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HomeMy WebLinkAboutMINUTES-08/15/1978-RegularAugust 15, 1978 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, August 15,. 1978, at 5:30 p.m. in the Council Chambers in the City of Fort Collins City Hall. Roll call was answered by the following Councilmembers: Bowling, Gray, Russell, St. Croix, Suinn, and Wilkinson. Absent: Councilmember Bloom. Staff Members Present: Arnold, Case, Bingman, Hays, Mabry, Deagle, Lanspery, Liley, and Lewis. Also: City Attorney Art March, Jr. Consent Calendar Items ' These are items of a routine or non -controversial nature, on which a unanimous vote.of approval is expected. Anyone may request an item on this calendar be "pulled" off the Consent Calendar and considered separately. (The purpose of this calendar is to allow Council to spend its time and energy on more important items.) The Consent Calendar presented was as follows: 3. CONSIDER APPROVING THE MINUTES OF THE REGULAR MEETING OF AUGUST 1. 4. SECOND READING OF ORDINANCE NO. 76, 1978, VACATING A RIGHT OF WAY FOR A.PUBLIC ROAD. Ordinance No. 76 passed favorably on first reading at the August 1 Council meeting. This ordinance vacates a 100-foot right of way in Edora Acres which was acquired and is no longer needed. Staff recommends approval. 5. SECOND READING OF ORDINANCE NO: 77, 1978, VACATING :AN EASEMENT IN THE STADi'Ji1 HEIGHTS SUBDIVISION. Ordinance No. 77 passed favorably on first reading at the August 1 Council meeting. This is a request for a vacation of a utility easement originally platted between ' Lots 45, 46, and 47 in the Stadium Heights Subdivision. A new easement exists which accommodates all utilities. Staff recommends approval. -418- August 15, 1978 6. SECOND READING OF ORDINANCE NO. 78, 1978, AMENDING MAXIMUM COVERAGE RECIUIREMENTS IN ' THE R-L-P ZONE. Ordinance No. 78 passed on first reading at the August 1 Council meeting. This ordinance removes the building coverage restrictions for P.U.D.'s in the R-L-P zone. This restriction was initially enacted to ensure the provision of adequate open space. Our amended P.U.D. ordinance takes care of this provision now. Staff recommends approval. 7. SECOND READING OF ORDINANCE NO. 79, 1978, AMENDING THE CODE RELATING TO JOBBERS LICENSES. Ordinance No. 79 passed on first reading at the August 1 Council meeting. At the recommendation of the Building Board of Appeals, this ordinance changes our code that those operating under this license can perform work valued up to $2,500. Staff recommends approval. 8. SECOND READING OF ORDINANCE NO. 80, 1978, RELATING TO THE PLACEMENT OF FENCES. Ordinance No. 80 passed on first reading at the August 1 Council meeting. It amends our fence section of the Code.dealing with the maximum size of the fence in relation to front -yard setback so that it reflects the recent reduction from 30 to 20 feet in setback requirements for single-family residences. Staff I recommends approval. 9. SECOND READING OF ORDINANCE NO. 81, 1978, AMENDING THE CODE RELATING TO THE DEFER- MENT OF PAYMENT OF ASSESSMENTS. Ordinance No. 81 passed on first reading at the August 1 Council meeting. Our current ordinance establishing the assessment deferment program only applies to certain specified assessments, e.g. improvement districts. This amends the ordinance to include any assessment made by the City, including tree assessments. Staff recommends approval. 10. CONSIDER VARIOUS EASEMENTS. There are two routine easements which require Council approval. Both have a mone- tary consideration of $1.00. Staff recommends approval. 11. ADDITION OF POSITION ON STORM DRAINAGE BOARD. The Storm Drainage Board and staff feel that an additional position should be added to this Board which would allow Ditch Company representation. Staff recom- mends approval. -419- August 15, 1978 ' 12. RESOLUTION ACCEPTING THE IMPROVEMENTS AND ENGINEER'S REPORT ON DOWNTOWN IMPROVE- MENT DISTRICT NO. 1 AND DIRECTING NOTICE BE GIVEN TO PROPERTY OWNERS TO BE ASSESSED. The downtown improvements are completed. The rate of assessment is 88.61 cents per square foot spread over 10 years, plus interest. The Downtown Implementation Task Force recommends all properties be assessed. Staff recommends approval. 13. RESOLUTION CLOSING OUT CERTAIN ACCOUNTS IN THE SPECIAL ASSESSMENT FUND AND TRANS- FERRI,NG THESE TO THE SURPLUS AND DEFICIENCY ACCOUNT. The bonds have been paid on certain Special Assessment Districts. These districts now need to be closed and remaining funds placed in the Surplus Deficiency Fund. Staff recommends approval. 14. RESOLUTION AUTHORIZING AGREEMENT WITH COLORADO STATE UNIVERSITY FOR ELECTRIC' SERVICES. This resolution modifies the original agreement with CSU which was made in 1973. Both parties are in agreement with the modifications. Staff recommends approval. 15. FORT COLLINS COMMUNITY CENTER REMODELING, PHASE III. Staff is requesting Council's permission to spend up to $$114,100 on Phase II of the Fort Collins Community Center. Staff recommends approval. 16. AMENDMENT TO WINDMILL APARTMENTS P.U.D. This is a proposal to add 16 carports at various locations in the parking lots of this P.U.D. Staff recommends approval subject to staff's comments being net. 17. GOLDEN MEADOWS SUBDIVISION, FIRST FILING, FINAL PLAT. This is a proposal for 18 industrial/business lots on 33.75 acres zoned I-P, Industrial Park District, and 2 lots on 11.5 acres zoned R-L-P, Low Density Planned Residential District, located on Harmony Road west of the Union Pacific Railroad. Staff recommends approval. 18. AMENDMENT OF TOWN SQUARE P.U.D., BUILDING D: FINAL PLAN. This amendment. involves adding 4,470 square feet as a basement to an as yet unbuilt building on the east boundary of this site. It also involves the addi- tion of 26 parking spaces. Staff recommends approval. The following items were withdrawn from the Consent Calendar: -420- August 15, 1978 Mayor Suinn stated he wished to amend the minutes of the ' August 1 meeting on page 409. The amendment is to insert the words "attempt to" after the first sentence, so that the first sentence now reads "Council Consensus seemed to be that the City would attempt to find some way to solve Mr. Middel's problem..." Mayor Suinn then requested that the next three words be deleted, following the word "problem" and ending before the word "at". ("to his satisfaction," was. 3eleted). Councilman Wilkinson made a motion seconded by Councilwoman Gray to amend the minutes as proposed. Yeas: Councilmembers Bowling, Gray, Russell, St. Croix, Suinn, and Wilkinson. Nays: None. THE MOTION CARRIED The Ordinances presented for adoption on second reading were read by title by City Clerk Verna Lewis as follows: 4. Ordinance No. 76, 1978, Vacating a Right of Way for a Public Road. 5. Ordinance No. 77, 1978, Vacating an Easement in the ' Stadium Heights Subdivision. 6. Ordinance No. 78, 1978, Amending Maximum Coverage Requirements in the R-L-P Zone. 7. Ordinance No. 79, 1978, Amending the Code Relating to Jobber's Licenses. 8. Ordinance No. 80, 1978, Relating to the Placement of Fences. 9. Ordinance No. 81, 1978, Amending the Code Relating to the Deferment of Pavment of Assessments. Councilman Wilkinson made a motion, seconded by Councilman Gray to adopt and approve all items not withdrawn from the Consent Calendar. Yeas: Councilmembers Bowling, Gray, Russell, St. Croix, Suinn, and Wilkinson. Nays: None. THE MOTION CARRIED -421- 1 August 15, 1978 ' Collindale Industrial Park Subdivision Preliminary and Final Plans Approved Following is the City Manager's memorandum on this item "This is a request to subdivide 12.5 acres into 2 lots. The Planning and Zoning Board will review this proposal on August 14. Their comments will be conveyed to Council at the meeting. Staff has only two concerns: (1) that a 15-foot utility easement be dedicated along the north side of lot 2; and (2) that acceptable utility plans be submitted and approved. Our recommendation for approval is contingent upon staff comments being addressed." City Manager Arnold stated this item had been reviewed by the Planning and Zoning Board, and received unanimous recom- mendation for approval. This site is the site for the NCR Plant, and very important to the community. ' Councilwoman Gray and Councilman Bowling expressed concern for the need to provide for the Timberline Road extension as quickly as possible. Councilman Bowling made a motion, seconded by Councilwoman Gray to approve Collindale Industrial Park Subdivision Pre- liminary and Final Plans, contingent upon the staffs comments being addressed. Yeas: Councilmembers Bowling, Gray, Russell, St. Croix, Suinn, and Wilkinson. Nays: None. THE MOTION CARRIED Resolution Adopted Recommending to the Larimer County Commissioners the Issuance of Industrial Bonds for Proposed N.C.R. Industrial Plant Following is the City Manager's memorandum on this item: "Council is aware that the N.C.R. industrial plant is planning on locating here. They have applied for industrial revenue bond financing with the Larimer County Commissioners according =422- August 15, 1978 to State law. This resolution supports this application for ' financing and recommends that the County act favorably on this request. Staff recommends approval." Councilman Russell made a motion, seconded by Councilman Wilkinson to amend the resolution by adding the following: "and that the Mayor be authorized to appear before the County Commissioners advising them that the City has preliminarily looked at the availability of utilities and other pertinent aspects to the plan and that he hand carry this resolution and be prepared to answer whatever questions necessary and request their participation." Yeas: Councilmen Bowling, Russell, St. Croix, Suinn, and Wilkinson. Nays: Councilwoman Gray. Councilwoman Gray expressed concern that industrial revenue bonds should only be used by a depressed community. Councilman Wilkinson made a motion, seconded by Councilman Bowling to adopt the resolution as amended. Yeas: Councilmen Bowling, Fussell, St. Croix, Suinn, and Wilkinson. Nays: Councilwoman Gray. THE MOTION CARRIED Nor -Colo Subdivision, Preliminary and Final Plan ADDroved Conditioned upon Improvement Agreements Following is the City Manager's memorandum on this item: "This is a proposal for a one -lot subdivision on 5.5 acres zoned I-L and H-B. The Planning and Zoning Board reviewed the proposal at its June 12 meeting. All concerns of the Planning and Zoning Board and staff have been addressed. However, subdivision improvement agreements need to be coordinated with other subdivision improvements for the Centerpoint Subdivision. We think we'll have them ready by Tuesday. We recommend approval." City Manager Arnold stated this subdivision is being coordin- ated with three different developments; this morning it was ' further determined that there might be problems in coordinating with the C & S Railroad in the area of under -ground power lines and sewer lines in the railroad right of way, as a spun line is put into this development. He then suggested that Council approve this preliminary and final plan subject to -423- August 15, 1973 the staff being able to work out an agreement with the devel- oper that he provide any relocation cost of utilities and that the subdivision improvement agreements be coordinated with those of Centerpoint. Councilman Wilkinson made a motion, seconded by Councilman Bowling to approve the Nor -Colo Subdivision Preliminary and Final Plan subject to the conclusion of negotiations and relocation of the utilities at the expense of the owner of the property and the subdivision improvement agreements being coordinated with those of the Centerpoint Subdivision. Yeas: Councilmembers Bowling, Gray, Russell, St. Croix, Suinn, and Wilkinson. Nays: None. THE MOTION CARRIED Larkborough Subdivision, Preliminary Plan Approved Conditional upon Staff Concerns Following is the City Manager's memorandum on this item: This preliminary plat was first considered by Planning and Zoning in 'July. It was tabled at that meeting in order to allow the developer some additional time to address staff concerns. The Planning and Zoning Board will consider the revised preliminary on August 14. The revised preliminary provides a portion of the neighborhood park at the northwest corner of the site. The internal street pattern has also been changed in response to staff comments. Staff concerns with this preliminary deal with: (1) an additional crossing of the C&S tracks in the area and the intersection of Troutman and Manhattan Avenue; (2) access to the multi -family tract; and (3) drainage. These are fully discussed in your attachments. Our recommendation is for approval, providing that staff's concerns (and any comments the Planning and Zoning Board may have) are addressed on the final plans. Councilmembers expressed concern regarding the North/South traffic movement in the future: specifically the need ' for an arterial street. -424- August 15, 1978 City Attorney March stated that it should be pointed out ' that Mason Street will go through as contemplated, and the park in the area would not require an arterial street through it. Councilman Bowling made a motion, seconded by Councilman Wilkinson to approve the Larkborough Subdivision Prelimin- ary Plan, conditioned upon staff concerns being addressed on the final plat. Yeas: Councilmembers Bowling, Gray, Russell, St. Croix, Suinn, and Wilkinson. Nays: None. THE MOTION CARRIED F.B.O. Agreement - Fort Collins -Loveland Agreement Approved as Amended Following is the City Manager's memorandum on this item: We are trying to finalize the agreements which would provide for the transition of F.B.O.'s at the Airport. A copy of the most recent drafts are attached. There are three separate agreements which need to be addressed: (1) the interim appointment of the Airport Manager, ' (2) the F.B.O. operations agreement, and (3) the option -purchase agreement with Hoffman for Hangars T-1 and T-2. Because of their obvious interrelationship it is important to execute all three agreements at the same time. These agreements follow the guidelines that we discussed with Council on July 5. meeting. We hope to have these agreements in final form by the August 15th City Attorney March spoke to the revised agreements as follows: 1. The first agreement concerns the manager on a tempor- ary basis, no changes have been made. 2. Proposed agreement between the Cities and the Hoffman's, pertaining to the Old "T" hangar area. Discussion on this was deferred until the F.B.O. (Fixed Base Operation) agreement was discussed. -425- August 15, 1978 3. Proposed agreement between the Cities and Falcon Air, Ltd; now being an agreement between the Cities and Michael H. Carlton and Patricia D. Martin. (a) First change, page 1, and subsequent changes reflect substitutions from Falcon Air Ltd. to Carlton and Martin. (b) Second page: new provision added to pick up Falcon Air, and say it will do some of the work. ' (c) Page six, paragraph B: change to add, sublessees and licensees. J (d) Page seven: change to delete aircraft painting services. (e) Page eight: (1) Old (2), (4), and (5) paragraphs were deleted having to do with engine room, engine accessory and a machine shop, (2) deletion of language deferring requirements to perform under former paragraphs, until need for service exists, (3) last change, slight language change allowing up to one year to construct facilities. (f) Page nine: relating to Valley Avionics: (1) requiring the service only if need exists, (2) deleting Cessna. (g) Page ten: relating to Charter Service now provided by Compass,International. (1) change in language -effect is to require ser- vice only if a new subcontractor can be ob- tained if Compass terminates. Deleted require- ments to promote service (up and down the Rocky Mountain area) (2) delete requirements to maintain inventory of used airplanes for sale. (h) Page twelve: added provision, which says if they subcontract for something it does not relieve them of their obligations. -426- August 15, 1978 (i) Page thirteen and fourteen: r 1 (1) new paragraph added, giving them, (Carlton and Martin) right of first refusal to perform any new operations, at the airport, such as restaurants, motels, hotels, etc. (2) added clause which speaks to maintenance, "except ordinary wear and tear." (j) Pages thirteen and fourteen: relating to schedule of changes being approved by the airport board. I (k) Page sixteen: relating to fuel and other petroleum trades, delete requirement that Operator perform minor maintenance. (1) Page twenty-one: purchase by Operator of fuel truck. Recommendation is made that the Operator purchase its' fuel truck and that the Cities receive ($ .04) per gallon of gasoline. (Negotiations for the sale need to be completed.) (m) Page twenty-two: reimbursement to Operator on account of operating personnel. Change from salary ' to reflect F.I.C.A. and fringe costs. (n) Page twenty-three: Insurance. Recommendation is that Operator will carry insurance up to the insur- able value as determined by the insurance under- writer. New Paragraphs A,B, and C. (o) Page twenty-five: non exclusive rights. Deleted "to extent possible and reasonable". Add: This agreement including specifically Article XII shall be subordinate to the provisions of any existing or future agreement. (This provision is intended to protect our Grant). (p) Page twenty-six: add: "Agreement shall be subjec to approval by FAA, if required." (q) Page twenty-seven: Miscellany. Add: "in accord- ance with the schedule set forth on Exhibit C. (To make it clear that if we Fthe Cities_] take the part of the operation as their buildings are, they will be paid on current value, rather than buy out at the end of the lease provision). -427- 1 August 15, 1978 ' (r) Exhibit B: changed from $234,000 to $300,000. (s) Exhibit C: (1) paragraph 3 change from.(1985): to (1979) and delete last sentence of paragraph 3, (2) paragraph 4, delete provision to raise rent on account of buildings by C.P.I. City Council then reviewed the Hoffman agreement. (a) on Page two, the only change is to recognize the fact that the new Operators are buying in their individ- ual names (Michael H. Carton and Patricia D. Martin) and not in the corporation name. (b) Page four: Purchase price increased over original agreement, the increase is putting the 6% (interest in first year). (c) Page five: T-hangar relocation - revised to delete right to relocate T-hangars. I X X X X X Airport Board member Evan Stoll spoke to the legal description of the Hoffman agreement to be rewritten to satisfy FAA. Attorney Tom Metcalf, representing the proposed Fixed Base Operator, commented on the first rights of refusal --for hotel/motel, restaurant, and convention facilities which he feels are important. Council then took action on the following agreements. I. Agreement between the Cities of Fort Collins, and Love- land and Max R. Hoffman and Katheryn E. Hoffman. Councilman Bowling made a motion, seconded by Councilman Wilkinson to add a provision that in the event the "T" hangars are relocated, it quits being an option and becomes a purchase contract. Yeas: Councilmembers Bowling, Gray, Russell, St. Croix, Suinn, and Wilkinson. Nays: None. THE MOTION CARRIED I - -428- August 15, 1978 II. Agreement between the Cities of Fort Collins and Love- ' land and Michael H. Carlton and Patricia.D. Martin (designated as Operator). Councilman Wilkinson made a motion seconded by Councilman Bowling to amend the First Right of Refusal (Page 13) to read, "The Operator shall be given a right of First Refusal of customary fixed base operations that may/be required and permitted by the Cities. Yeas: Councilmembers Bowling, Gray, Russell, St. Croix, Suinn, and Wilkinson. Nays: None. THE MOTION CARRIED Councilman Bowling made a motion, seconded by Councilman St. Croix to amend the agreement to delete Paragraph No. 11, (Page 14) Yeas: Councilmembers Bowling, Gray, Russell, St. Croix, Suinn, and Wilkinson. Nays:, None. THE MOTION CARRIED Councilwoman Gray made a motion, seconded by Councilman ' Wilkinson to add a reference to Article XII (on Page 25) Yeas: Councilmembers Bowling, Gray, Russell, St. Croix, Suinn, and Wilkinson. Nays: None. THE MOTION CARRIED Councilman Wilkinson made a motion, seconded by Councilwoman Gray to change the date March 1, 1985 to March 1, 1979 and delete the last sentence of paragraph 3. Yeas: Council - members Bowling, Gray, Russell, St. Croix, Suinn, and Wilkinson. Nays: None. THE MOTION CARRIED Councilman Wilkinson made a motion, seconded by Councilman Bowling to approve the contracts as a package, as amended and authorize the Mayor and City Clerk to execute the agree- ments contingent upon the City of Loveland taking similar action. Yeas: Councilmembers Bowling, Gray, Russell, St. I Croix, Suinn, and Wilkinson. Nays: None. THE MOTION CARRIED -429- August 15, 1978 ' C.D.B.G. Citizen Participation Requirements Following is the City Manager's memorandum on this item: Federal regulations governing the C.D.B.G. program require that we adopt a Citizen Participation Program by August. The program we've developed is structured to meet CDA guidelines and is flexible enough to be used for other purposes as well, e.g. budget review. Like Commmity Education, this Citizen Participation Program emphasizes "neighborhood" involvement. In this community, and in any growing community, neighborhood identification is important. We've organized this material so that you can compare the requirements of the CDA regulations with the provisions of our plan. Citizen Participation Program CDA Requirements: CDA regulations require that we provide a structured form of participation that involves representatives from the low to moderate income, minority groups, residents of areas where CDA programs are being conducted or proposed, the handicapped community, the business community and civic groups. These groups must be encouraged to participate at each stage of the program fron planning to ' implementation to evaluation. Fort Collins Citizen Participation Plan Zh meet this requirement, we propose to formulate "Neighborhood Advisory Councils" in all areas of the city. Membership on the Council could be unlimited, although you would have to reside within the geographical boundaries of a certain neighborhood. In addition to the Neighborhood Councils, a Citizen's Steering Ccnmittee would be established as a core group. This committee would be composed of representatives from the Neighborhood Councils and one member from each of the following: 1. The Advisory Committee for Handicapped Citizens. 2. Coordinating Commission for Senior Citizens. 3. Housing Authority 4. Chamber of Commerce 5. League of women Voters 6. Urban Renewal Authority Other comim tty groups and organizations will also be given a chance to nominate a representative to this core group. -430- August 15, 1978 The steering committee will be responsible for working with the Neighborhood ' Advisory Councils on soliciting public comment on CD needs, reviewing CD project proposals and reviewing the City's performance in carrying out the CD Program. The steering eormmittee's anments on our performance will be included in our annual CDA performance report. CDA Requirements: Under the regulations, we need to have several public hearings. The purpose of these hearings is to obtain citizen views and proposals at different stages of the CD process. A minimman of three are required:, (a) a performance hearing to review progress on the current program, (b) a preliminary hearing to obtain views and proposals of citizens on the initial stage of application development, and (c) a final hearing to obtain views of citizens on the proposed application prior to A-95 submission and review. Fort Collins Citizen Participation Plan: Under our Citizen Participation Plan, these hearings would be held on two levels. First, at the neighborhood level, conducted by the steering committee, and second, at a "city-wide" level conducted by Council. CDA Requirements: The regulations ask us to specify who will provide technical assistance to citizens and who will disseminate the information regarding CD proposals. Fort Collins Citizen Participation Plan: Our Community Development Office, under the direction of Jim Woods, will provide this assistance. Copies of community development proposals will be made available to the public in the City Clerk's Office and through the Ccnmmunity Development office. CDA Requirements: Our citizen participation plan needs to provide for answering complaints in a "timely and responsive" manner. Fort Collins Citizen Participation Plan: Citizens may submit complaints at any regular or special meeting of the I steering committee, or at City Council meetings. We will respond, in writing, within 21 days. -431- ' August 15, 1978 � That, in brief, srizes the basics of our proposed plan. We hope to use the Poudre R-1 schools for the neighborhood "participation Centers." A more formalized version of our plan is also attached for your review. Councilwoman Gray made a motion, seconded by Councilman Russell to approve the Citizen Participation Plan. Yeas: Councilmembers Bowling, Gray, Russell, St. Croix, Suinn, and Wilkinson. Nays: None. THE MOTION CARRIED Resolution Commending Retiring v Attornev March Read into Record Mayor Suinn read the following two resolutions into the re- cord and presented City Attorney March with a plaque for service to the City. RESOLUTION 78-63 ' OF THE COUNCIL OF THE CITY OF FORT COLLINS COMMENDING ARTHUR E. MARCH, JR. FOR HIS SERVICE TO THE CITY AS CITY ATTORNEY WHEREAS, Arthur E. March, Jr. served as City Attorney of the City of Fort Collins since October 19, 1972; and WHEREAS, Mr. March is resigning his position as City Attorney effective August 31, 1978; and WHEREAS, during Mr. March's tenure as City Attorney, unprecedented growth and changes associated therewith have occurred within the City; and WHEREAS, Mr. March, in performing the duties of his office as City Attorney has made significant and enduring contributions to the City in helping to shape and direct such growth and changes; and WHEREAS, Mr. March has consistently performed his duties as City Attorney with professional competence and integrity, providing the City with legal services of the highest quality; and WHEREAS, the contributions made by Mr. March are highly ' deserving of recognition and appreciation by the City Council. -432- August 15, 1978 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY ' OF FORT COLLINS that Arthur E. March, Jr. be and he hereby is commended for his service to the City of Fort Collins as City Attorney of the City of Fort Collins from October 19, 1972, through August 31, 1978. BE IT FURTHER RESOLVED that this resolution be spread across the minutes of the City of Fort Collins and a certified copy hereof be delivered to Arthur E. March, Jr. Passed and adopted at a regular meeting of the City Council held this 15th day of August A.D. 1978. j� ATTEST: Mayor 70 Ci y Clerk RESOLUTION 78-63(a) ' OF THE COUNCIL OF THE CITY OF FORT COLLINS IN COMMEMORATION OF THE RETIREMENT OF ARTHUR "SHOOT FROM THE HIP" MARCH, JR. AS CITY ATTORNEY OF THE CITY OF FORT COLLINS, COLORADO. WHEREAS, Arthur E. March, Jr. was appointed City Attorney of the City of Fort Collins on October 19, 1972; and WHEREAS, it is generally recognized and agreed "family con- nections" had some meaningful role to play in the foregoing appointment; and WHEREAS, during the period commencing with his appointment and terminating on September 1, 1978, this City has endured with the greatest possible liptus maximus rigorious (translation: stiff upper lip) the manipulations, machinations, maneuverings, mumblings, and macho malapropisms of Mr. March; and WHEREAS, on rare occasion it has been suggested by various and sundry nefarious and ill-advised persons of unspeakable and unsavory character that Mr. March has actually sought to influence and other- wise direct the affairs of this most august body (although it should be noted this "suggestion" is not given much credence); and WHEREAS, to the complete and utter disbelief of all, it has even both ' been intimated Mr. March may not be totally competent to handle sides of every issue; and -433- August 15, 1978 ' WHEREAS, it has been rumored Mr. March's departure from the City will afford him an opportunity to (a) become reacquainted with his partners and associates, (b) find his office, and (c) clean his office. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: 1. That the City formally express its sentiment at Mr. March's departure as City Attorney: "BYE" (How's that for "off the cuff"?) 2. That the City formally express its sentiment at Mr. March's appointment as Special Counsel. "OH, GOD!" Passed and adopted at a regular meeting of the Council of the City of Fort Collins held this 15th day of August / , A.D. 1978. A ST: j/M Ci y Clerk Executive Session Authorized Councilwoman Gray made a motion, seconded by Councilman Bowling to adjourn into executive session for the purpose of discussing litigation.. Yeas: Councilmembers Bowling, Gray, Russell, . St. Croix, Suinn, and Wilkinson. Nays: None. THE MOTION CARRIED Citizen Participation Proclamation - Jerry Lewis Muscular Dystrophy Telethon Week- end. 1. Mr. Alex Fritzler of 311 Gordon, advised Council of a ' neighborhood problem in his area, of older homes being converted to student housing, with students not being responsible and damaging adjoining property. A representative from the office of Renters Information at CSU recommended that if the neighbors are students, -434- August 15, 1978 there might be something the CSU office can do, in ' working with the owner of the property in suggesting that in the future the property owner could have a lease with tenant which would specify that loud parties or other disturbances would be violations of the lease, which would terminate the tenancy. City Manager Arnold reported to the Council that the Police Department has been out and talked with Mr. Fritzler's neighbors. 2. Mr. Fritzler then reported that there is also a problem on Stonewall with tree Limbs being discarded and not picked up after the spring snow storm. The Light and Power Department will investigate and attempt to correct the situation in conjunction with the Street Department personnel; if this is a City initiated tree trimming project, or notify property owners if it is a property owner tree problem. 3. Mr. Jim Graham, Foreign Student Advisor stated he had appeared two weeks ago before the City Council to request a change in City Ordinances that would prohibit ' discrimination, specifically in the area of housing, due to non -citizenship. Mr. Graham informed Council that at this time he is offering the assistance of his office in meeting with landlords to determine what are the problems, and then to see how to eliminate the problems. Ms. Jean Griswald, Coordinator of Inter- national Education was suggested, by Mayor Suinn as the possible person to address Orientation programs and explain expectations of the landlords, to the foreign students. Council also recommended the CSU office meet with re- presentatives recommended by the Fort Collins Board of Realtors to address the problems. City Manager Arnold reported to the Council that the Administration is researching the possibilities of amending the Human Rights Ordinance and will bring it back to the Council at a later date. -435.- August 15, 1978 Resolutions Adopted Commending City Attorney Arthur E. March Jr. Mayor Suinn advised the Council that while the two resolu- tions commending City Attorney March had been read into the record, Council had failed to take formal action on either of them. Councilman Russell made a motion, seconded by Councilwoman Gray to adopt the two resolutions. Yeas: Councilmembers Bowling, Gray, Russell, St. Croix, Suinn, and Wilkinson. Nays: None. THE MOTION CARRIED City Manager's Report (a) City Manager Arnold reported on the consultant's re- port on the Swallow Road Crossing with the Railroad, which indicates the City can make a good case for the need before the Public Utilities Commission. He then commended the Colorado and Southern Railroad for their track repair currently under way. (b) City Manager Arnold then reported that there have been problems with the Prospect Street Paving between Taft Hill and Overland Trail. Sterling Paving Company has indicated that paving would be started Friday, August 18, 1978 barring equipment breakdowns or other unfore- seen events. (c) City Manager Arnold then orally named the meetings being held this month. (1) The Colorado Department of Highways meetings on the Fort Collins Expressway on August 16, for the area west of Taft Hill and on August 24, 1978, for area east of Taft Hill. (2) On September 3rd and 4th there will be an Air Show at the Fort Collins, Loveland Airport. (d) City Manager Arnold then circulated a complimentary letter of the Fire Department submitted by Hewlett- Packard. ' Report from City Council Members on Committees (a) Councilman Bowling reminded Council of an Air Pollution =436- August 15, 1978 work shop sponsored by the Colorado Municipal League, ' set for September 15, 1978. (b) Councilman Russell reported on the last Platte River Power Authority meeting which was of a housekeeping nature, and stated the next meeting would be August 17, 1978. (c) Mayor Suinn called to Council's attention that agenda packet material on negotiation with Districts to be discussed later, this evening. CATV Proposal Approved for Sunflower Cablevision Co. Following is the City Manager's memorandum on this item: "The deadline for receipt of CATV proposals is Thursday ?.fternoon. We anticipate receiving at least three proposals The proposals will be packaged and sent to Council with an evaluation sheet under separate cover on Friday. Please note that the cable television permit previously ' granted by Council in 1968 has been voluntarily surrendered. Council should review the proposals submitted, indicate your preference of applicants and direct the administration to proceed with drafting the necessary franchise agreement." This public hearing was held after receiving due notice as required. Council then considered the following proposals 1. Daniels and Associates Inc. 2. Sunflower Cablevision Co. 3. Tele, Communication Inc. City Manager Arnold summarized the administrations recom- mendation for Sunflower Cablevision at the conclusion of the hearing. City Manager Arnold stated for the record that whichever company was choosen, it would still have to go to an election, and September 15, is the latest date the City can request to be on the ballot for the November I 14, 1978 election. -437- August 15, 1978 ' Councilman Russell made a motion, seconded by Councilman Wilkinson to approve the proposal made by Sunflower Cable - vision. Yeas: Councilmembers Bowling, Gray, Russell, St. Croix, Suinn, and Wilkinson. Nays: None. THE MOTION CARRIED Other Business (a) City Manager Arnold stated the administration would like to schedule a joint meeting with the Urban Renewal Authority and the City Council at a Work Session as soon as possible. (b) City Attorney March stated Council was familiar with a suit filed by the City against the Water Quality Commission. Councilman Wilkinson made a motion, seconded by Councilman Bowling to ratify the action of the City taken, along with other Cities and interested parties to bring action concern- ing the new standards of the Water Quality Control Commission in the Denver District Court. Yeas: Councilmembers Bowling, Gray, Russell, St. Croix, Suinn, and Wilkinson. Nays: None. THE MOTION CARRIED Ordinance Adopted Setting the Salary for the City Attorney City Clerk Verna Lewis read the Ordinance at length. Councilman St. Croix made a motion, seconded by Councilman Wilkinson to adopt Ordinance No. 84, 1978 on first reading. Yeas: Councilmembers Bowling, Gray, Russell, St. Croix, Suinn, and Wilkinson. Nays:, None. THE MOTION CARRIED Executive Session Authorized Councilman St. Croix made a motion, seconded by Councilman ' Russell to adjourn into executive session for the purpose of discussing litigation and land acquisition. Yeas: Council - members Bowling, Gray, Russell, St. Croix, Suinn, and Wilkinson. Nays: None. THE MOTION CARRIED -438- August 15, 1978 Adjournment I Mayor Suinn declared the meeting adjourned at 12:25 a.m. ATTEST: -439-