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HomeMy WebLinkAboutMINUTES-05/02/1974-Regular' May Z, 1974 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council -Manager Form of Government 'Regular Meeting 6:30 P.M. Council members present: Bowling, Gray, Preble; Reeves, Russell, and Wilkinson. Absent: Mayor Fead. 00 Staff present: Brunton, DiTullio, Bingman, McDill, Kane, March and Lewis. .00 Mountain Bell receipt of Merchant of the Month Award d Assistant Mayor Nancy Gray called on Assistant Chief Hisam to present the award. Chief Hisam recognized Mr. John Carmack and Mr. Harold Bates, Plant Supervisor, who accepted the award on behalf of Mountain Bell Telephone Company. The Merchant of the Month Award is presented to those businesses who make exemplary efforts in the areas of fire prevention. Proclamation Assistant Mayor Gray stated proclamations had been signed for the follows: A. Proclamation proclaiming April 29 through May 4, 1974, as Arbor Week. B. Proclamation proclaining May 5 through May 12, 1974 as National Music Week. C. Proclamation proclaiming May 5 ,1974, as High Blood Pressure Month. Minutes of April 11, 1974, Special Meeting and April 18, 1974, Regular Meeting, approved. Assistant Mayor Gray stated copies of the Special meeting of April 11 and the regular meeting- of April 18, 1974 had been received. Hearing,no corrections, the minutes sood approved as published. Addition to K-Mart Plaza Unit Development Plan approved Director of Community Development, identified the area in question. Planning Director, William Kane, spoke to t'.-.e discussions held at tiie Planning and Zoning Board meetings and to the improvement to the landscaping below: 1. That the landscape plan be improved as follows:. ' a. The restoration of the 20' landscaped area along Drake and. the landscaped islands in the L-shaped piece around the gas station on the corner, as was originally shown on the first plan submitted to the planning Office; 253 254 b. The indication of one 3" caliper deciduous tree and several smalle� scale evergreens for each of the parking lot planting islands (i..e areas E,F,G,I,J) so as to provide shade in the summer and color all year; C. The substitution of red oak with green ash, honey locust, norway maple or other trees well suited to the Fort Collins climate. Tam junipers would also be better in area B as would evergreen spreaders in area.C. In short, .the public's long range landscaping program for College Avenue should not be interrupted by the short range parking "requirements" of Naredel's current prospective tenants for the site. There is hardly a lack of parking on the site particularly near the L-shaped area. There is a depressing lack of landscaping. 2. That Naredel agrees to i=prove and maintain the existing "landscap- ing" on the developed site. To the extent that all dead trees be replaced and protected from future destruction by automobiles. 3. That the subdivision plat•fo-r:the site be amended to indicate a dedi- cation for Mason Street and the relocation of utility lines. 4. That "Retail Space 102" not be shown on this site plan because its potential affect on and relation to :Eason Street cannot be analyzed ' until the location of Mason Street through the area is determined. SJhen the location of Mason street is determined then the site plan could be amended to include retail Space G211. The staff and Planning and Zoning Board had recommended approval with these changes. Councilman Bowling spoke to the previous assurances given the Council by Naredel that landscaping would be maintained, and what assurance would be made ., now. W. Ralph Miller, Vice President of Planning Construction for Naredel spoke to the proposed renovation and maintenance of the landscaping. Councilman Bowling again requested a written statement from Naredel that the area will be maintained. Mr. Miller stated Naredel could agree to that. Councilwoman Reeves inquiied.whatl area would remain unpaved. Director of Community Development, Roy A. Bingman, stated the remaining unpaved area belongs to Century Mall, a total of 450 feet, and the City would be in contact witi Ce;,tury Mall to see if there is anything they can do to hasten the connectio;: t;iere. , Councilman Bowling made a motion, seconded by Councilwoman Preble, to approve the addition to K-Mart Plaza Unit Development Plan, subject to a letter from Naredel assuring that the landscaping will be maintained. Yeas: Council members Bowling, Gray,,Preble, Reeves, Russell and Wilkinson. Nays: None. ' City Attorney March stated that before moving on, Council, if they desired, should accept an easement dedication and a street dedication needed for utilities and right-of-way in connection with the development. Councilman Bowling made a motion, seconded by Councilwoman Reeves, to accept the easement dedication and street dedication. Yeas: Council members Bowling, Gray, Preble, Reeves, Russell and Wilkinson. Nays: None. Plat of Campus West Second Filing approved Director of Community Development, Roy A. Bingman, identified the area; 00 adding that Plum Street to Elizabeth was included in this years street 00 improvement district and is ready to pave. The recommendation from the Staff and Planning and Zoning Board is for approval. Councilwoman Preble made a motion, seconded by Councilman Bowling, to approve the plat. Yeas: Council members Bowling, Gray, Preble, Reeves, Russell and Wilkinson. Nays: None. Request of Albert Minatta for waiver of Subdivision requirements approved The letter of request as follows was read at length by City Clerk Verna Lewis: 1 Ladies and Gentlemen= Pursuant to our conversation with Mr. March, we are writing to request a waiver of the subdivision requirements for the construction of a single family residence within the City limits, The property on which the residence is to be constructed consists of 40 acres located one-half (') mile West of South Taft Hill Road on the South side of West Elizabeth Street and is owned by Mr, and Mrs. Albert E, Minatta. The residence will be constructed for their own personal use and will be located in the West Center of the tract. At this time Mr, and Mrs. Minatta have no intention of developing the entire 40 acre tract. Because of this and due to the fact that the closest sewer line is over one - quarter (,) of a mile away, a septic tank will be necessary and application for the required permit will be made to the appropriate agency. Provisions have been made for the other necessary utilities. It should be emphasized that Mr. and Mrs. Minatta will hook onto the City sewer line as soon as it does become available. We trust that this letter will be sufficient; however, any additional information which you require will be furnished at your request. Respec fully Submitted, 7 Albert J. Minatta Councilman Russell made a motion, seconded by Councilman Wilkinson, to approve ' the request. Yeas:Council members Bowling, Gray, Preble, Reeves, Russell, and Wilkinson. Nays: None. Hearing and first reading of Ordinance No. 29, 1974 tabled to May 16, 1974 Assistant Mayor Gray stated this item would be moved forward on the agenda to accommodate those people wishing to be heard on this item, and established the procedure on the hearings. City Attorney March reviewed the general procedure; the district had been initiated upon the recommnendation of the Director of Public Works for the improvement of the streets; pursuant to his recommendation, Council passed a resolution authorizing the City Engineer to prepare plans and specifications for the improvements to be proposed for installation in the district; the City Engineer did prepare the specifications, brought them back to the Council and the Council, by resolution, approved them and established this date as the hearing date. Council is setting now as the hearing body to listen to those people affected by the improvements in the district and the assessments to be made to nay the cost of the assessments. City Attorney March reviewed the provisions of the ordinance. Director of Commmity Development, Roy A. Bingman, identified the areas to , be improved, and gave a summary of the need for_the district. City Manager Brunton spoke to the maintanance problems with the tree bank area and the safety aspect of the median area. Area residents speaking in opposition of the creation of the district were the following: 1. Dr. Duane J. Loetz, Corner of Emigh and Pitkin. 2. Tom McComb, 1513 East Lake 3. Gary E. Maciel, 1501 East Lake 4. Dee Cory, 1513 Welch Street S. Jim Young, 1509 East Lake 6. Jaak, Vilms, 1500 Patton 7. Maxine Maciel, 1501 East Lake 8. Attorney George Haas, representing Shirley Cienfuegos. (Attorney Haas presented a letter from Donald A. Shonnon, real estate appraiser in regard to this property) 9. Don Weixelman, 1509 East Lake. 10. Attorney Gary E. Davis, representing E. P. Mike Michaels. 11. Attorney Ronald H. Strahle, representing Highlander Hei.ghts, and Mr. Edwin A. Miller and Mrs. Remona Flinn. 12. Mr. Jack Fowler, representing Public Service Company. 13. Attorney John Kochenberger, representing Mr. and Mrs... Weitzel. ' 14. Mr. Chris German, representing the N. 0. Nelsons. Council had discussed the possibility, and it was determined that the Admin- istrative Staff would be available at City Hall on Saturday, May 4, 1974 to receive input from those citizens wishing to appear. 17cr 257 Speaking in favor of the District creation were the following: 1, Mr. Al Thompson, 111-113 Riverside ' Councilman Russell made a motion, seconded by Councilman Bowling, to table the hearing and first reading of Ordinance No. 29, 1974 to May 16, 1974. Yeas: Council members Bowling, Gray, Preble, Reeves, Russell and Wilkinson. Nays: None. Ordinance adopted on first reading creating and organizing Water Main Improvement District No. 6 City Clerk Verna Lewis read the ordinance by title, as weYl as Exhibit A 00 of the Ordinance, which was read at length. X U' No opposition to this district was voiced. Q Councilwoman Preble made a motion, seconded by Councilman. Russell, to adopt Ordinance No. 31, 1974 on first reading. Yeas: Council members Bowling, Gray, Preble, Reeves, Russell and Wilkinson. Nays: None. Hearing and first reading of Ordinance No. 33, 1974 tabled to May 16, 1974 City Manager Brunton spoke to the difficulties in establishing a Storm Sewer District. Director of Community Development, Roy A. Bingman, iden- tified the boundaries of. the proposed district; and the nultiplier..used•.to ' compute the assessment. Those speaking in -opposition of the formation of the district were the following: 1. Attorney Ronald Strahle, appearing on behalf of Highlander Heights, Inc. 2. Dan Wilson, 1400 Pikes Peak. 3. . Floyd Wernimont, representing Cashway Lumber Company. 4. Bill Allison, 1224 Pitkin S. Chris German, representing the N. 0. Nelson Co. 6. Charles Rhoades, Savings Building. 7. Dr. Reginald Herin, Prospect Estates.' 8. Dawn. Heflin, 1417 Meeker Drive. 9. John McKenzie, 1513 Pitkin City Manager Brunton again stated the Administrative Staff would be available at the City Hall on Saturday May 4, 1974 from 10:00.to 12:00 A.M. and if possible at Riffenburgh School on Wednesday Evening to meet with the area residents. ' Councilman Bowling made a motion, seconded by Councilman Wilkinson to table the hearing and first reading of Ordinance No. 33, 1974 to May 16, 1974. Yeas: Council members Bowling, Gray, Preble, Reeves, Russell and Wilkinson. Nays: None. 25® Financial assistance approved for Fort Collins Area Council on Alcoholism and Alcohol abuse, Inc. and Larico Crisis Intervention Home Three requests for assistance had been received (1) United Day Care Center, Inc., Fort Collins Council on Alcohol Abuse, Inc. and Larico Crisis Intervention Home; Assistant Mayor Gray spoke to the requests from each. Councilman Bowling inquired what funds remained to be expended on these programs. Speaking on behalf of the United Day Care Center was Mr. Bruce Hall, President of the Poard, introduced Y.gathy Vasa who spoke to the two requests, one for $7,500 and an additional $9,000. (complete report in Central Files) From the Fort Collins Area Council on Alcoholism and Alcohol Abuse, Inc., requesting $5,177.00, were the following: 1. Rev. Frances Bigelow 2. Kieth Olson 3. Bob Geller 4. Mike Rath (Complete request report in Central Files) The request of Larico Crises Intervention Home, ti•:as presented by 1tr._ Hal Byer, Chairman of the Board of Directors, who requested $3,500 for a full- time director. A portion of a letter from the Area Probation Officer was read into the ra-.nrrl . Councilman Bowling made a motion, seconded by Councilt�nman Preble, to direct the City Attorney to draw up contracts with the Fort Collins Area Council on Alcoholism and Alcohol Abuse, Inc. to fund the $5,177 requested. Yeas: Council - members Bowling, Gray, Preble, Reeves, Russell and Wilkinson. Nays: None. Councilman Bowling made a motion, . seconded by Councilman Russell, to direct the City Attorney to draw up a contract with the Larico Crisis Intervention Home to fund the $3,500 requested. Yeas: Council members Bowling, Gray, Preble, Reeves, Russell and Wilkinson. Nays: None. Councilman Bowling made a motion, seconded by Councilman Russell, to deny the request of United Day Care Center at this time. Yeas: Council members Bowling, Preble, Russell and Wilkinson. Nays: Councilwomen Gray and Reeves. 1 Second reading of Ordinance No. 24, 1974 Tabled to May 16; 1974 City Attorney March stated that at the time of the hearing and first reading , of the Ordinance a remonstrance had been filed on behalf of the Buckeye Land and Livestock Company. A letter had been submitted on this day and the Staff had not had an opportunity to review it. Attorney Alden T. Hill stipulated he was agreeable to having the Staff review the letter and appear at a later date.. e 258 . 259 'Councilwoman Preble made a motion, seconded by Councilman Bowling, to table the second reading of Ordinance No. 24, 1974 until May 16, 1974. Yeas: Council members Bowling,, Gray, Preble, Reeves, Russell and Wilkinson. Nays: None. Ordinance adopted on second reading vacating an alley in Block 294 Councilwoman Preble made a motion, seconded by Councilman Wilkinson, to adopt Ordinance No. 25, 1974 on second reading. Yeas: Council members Boaling, 00 Gray, Preble, Reeves, Russell and Wilkinson. Nays: None. 00 00 ORDINANCE NO. 2S, 1974 BEING AN ORDINANCE VACATING AN ALLEY IN BLOCK 294, SUBDIVISION OF WESTSIDE ADDITION TO THE CITY OF FORT COLLINS WHEREAS, request has been made for the City to vacate an alley in Block 294, Subdivision of Westside Additior_ to the City of Fort Collins; and WHEREAS, said alley has never been open to the public and the same is not now needed for municipal purposes nor will it be needed.for municipal purposes in the future; and WHEREAS, it appears that the rights of the citizens of the City of Fort Collins will in no way be prejudiced by the vacation of said alley. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: That that certain alley in Block 294, Subdivision of Westside Addition to the City of Fort Collins, more particularly described as follows: The alley bounded by Lots 15, 16, 17, 18 and 19 on the West, by Lot 20 on the South and by the West 30 feet of Lot 14 on the East and North, in Block 294, Subdivision of Westside Addition to the City of Fort Collins; be, and the same hereby is, abolished, vacated and abated. Introduced, considered favorably on first reading, and ordered published this 18th day of April, A.D. 1974, and to be presented for final passage on the 2nd day of May, A.D. 1974. 259 260 ATTEST: City Passed and adopted on final re, d' g this 2nd day of May, A.D. 1974. ATTEST: Mayor City C!crk First reading: April 18, 1974 (Vote: Yeas: 5, Nays: 0) Second reading: May 2, 1974 (Vote: Yeas: 6, Nays: 0) Publishing dates:"April 23 and May 7, 1974 Attest: City Clerk Ordinance adopted on second reading changing the time of City Council Meeting Councilman Bowling made a motion, seconded by Councilwoman Preble, to adopt Ordinance No. 26, 1974 on second reading. Yeas: Council members Bowling, Gray, Preble and Wilkinson. Nays: Council members Reeves and Russell. ORDINANCE NO. 1974 BEING AN ORDINANCE AMENDING SECTION 2-1 OF THE CODE OF THE CITY OF FORT COLLINS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: That Section 2-1 of the Code of the City of Fort Collins be, and the same hereby is, amended by deleting therefrom the following letters and figures: "6:30 P.M.", and by substituting therefor the following letters and figures: "5:30 P.M.". Introduced, considered favorably on first reading, and ordered published this // day of 0 , A.D. 1974, and to be pre- sented for final passage on the ) day of yyj�� A.D. 1974. 1 260 261 ATTEST: o i City Clerk 6 �. 00 Passed and adopted on final reading this day of A.D. 1974. —"—f— d ATTEST: ((,y / Mayor VI - City Clerk First reading: April 11, 1974 (Vote:. Yeas: 7, Nays: 0) ' Second reading: May 2, 1974 (Vote: Yeas: 6, Nays: 0) Publishing Dates: April 16 and May 7, 1974 Attest: 'cGc�� J ity er Ordinance adopted on first reading annexing property known as the Giselman Hickory Street Annexation Director of Community Development, Roy A. Bingman, identified the area in question and restated the Staff and Planning and Zoning Board recommended that the area be zoned ML. Councilman Russell made a motion, seconded by Councilman. Wilkinson, to adopt Ordinance No. 27, 1974 on first reading. Yeas: Council members Bowling, Gray, Preble, Reeves, Russell and Wilkinson. Nays: None. Ordinance adopted on first reading zoning property known as the Giselman Hickory Street Annexation Councilman Bowling made a motion, seconded by Councilman Russell, to adopt Ordinance No. 28, 1974 on first reading. Yeas: Council members Bowling, ' Gray, Pre ble, Reeves, Russell and Wilkinson. Nays: None. 261 262- Resolution adopted authorizing the Administration to advertise and set the date for sale of sewer improvement revenue bond in the 7 amount of $2,000,000. City Clerk Verna Lewis read the resolution at length. Councilwoman Preble made a motion, seconded by Councilman Russell, that said resolution be now placed on its final passage and that all rules of the Council which, unless suspended, might prevent the -final passage and adoption of said resolution at this meeting be and the same hereby are suspended for the purpose of permitting the final passage and adoption of said resolution at.'tnis meeting. Yeas: Council members Bowling, Gray, Preble, Reeves, Russell and Wilkinson. Nays: None. Councilman Russell made a motion, seconded by Councilman Wilkinson, to adopt the resolution. Yeas: Council members Bowling , Gray, Preble, Reeves, Russell and Wilkinson. Nays: None. Assistant Mayor Gray declared the.resolution adopted. RESOLUTION 74-49 WHEREAS, the City of Fort Collins, in the County of Larimer and State of Colorado now owns and operates a munici- pal sanitary sewerage system; and WHEREAS, the City Council has determined, and does hereby determine, to improve and extend the system,, the cost thereof to be defrayed in major part from the proceeds of the revenue bonds herein authorized to be sold; and WHEREAS, the Council deems it necessary and.advsable that the bonds be publicly sold at this time pursuant to Sec- tion 139-52-4, Colorado Revised Statutes 1963, as amended; and WHEREAS, copies of the proposed bond ordinance are now on file in the office of the City Clerk. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS: -*- • Section 1. The City of Fort Collins, Colorado, Sewer Improvement Revenue Bonds, Series June 1, 1974, in the princi- pal amount of $2,000,000, are hereby ordered to be advertised for public sale. On Thursday, June 6, 1974, at the hour of 11:00 a.m., M.D.T., at the City Hall Council Chambers, in the City, sealed bids shall be received and publicly opened.for the purchase of the bonds. Section 2. The Official Notice of Bond Sale shall ' be as follows: 2 f 3' OFFICIAL NOTICE OF BOND SALE $2,000,000 CITY OF FORT COLLINS, COLORADO SEWER IMPROVEMENT REVENUE BONDS SERIES JUNE 1, 1974 The City Council of the City of Fort Collins (herein 30 "City"), in Larimer County, Colorado will receive sealed bids at the City Hall Council Chambers, at 300 LaPorte Avenue in Fort Collins, Colorado, until 11:00 a.m., Q M.D.T., on Thursday, the 6th day of June, 1974, for the pur- chase of $2,000,000 of City of Fort Collins, Colorado, Sewer Improvement Revenue Bonds, Series June 1, 1974, dated June 1, 1974 (herein "bonds"), 1 ISSUE: The bonds will be in the denomination of $5,000 each, numbered 1 to 400, inclusive. Interest will be payable on December 1, 1974, and semiannually thereafter on June 1 and December 1 in each year, and bonds will mature. serially on December 1, as follows: Amount Maturity S 10,000 1977 10,000 1978 .10,000 1979 10,000 - 1980 10,000 1981 . 10,000 1982 '. 10,000 1983 10,000 1984 10,000. 1985 180,000 1986 _ 185,000 1987 195,000 '1988 200,000 1989 210,000 1990 . 220,000 1991 230,000 1992 ' 240,000 1993 250,000 1994 PRIOR REDEMPTION: .Bonds maturing on or after Decem- ber 1, 1904, will be subject to prior redemption at the option of the City, in inverse numerical order on June 1, 1984, and on any interest payment date thereafter, upon payment of par and accrued interest and a premium equal to two per cent (28) of the principal amount of each bond so redeemed, if redeemed on or before December-1, 1988 or a premium equal to one per cent.(1t) of the principal amount of each bond so redeemed, if redeemed thereafter. 263 . 1 PAYMENT: Principal and interest will be payable at the office of the Director of Finance and ex officio City Treasurer in Fort Collins, Colorado. NO REGISTRATION FOR PAYMENT: The authorizing pro- ceedings and the bonds will contain no provision for the reg- istration of bonds for payment, as to principal, or interest, or both. SECURITY: The bonds and the interest thereon (to- gether with the City of Fort Collins, Colorado, Refunding and Improvement Revenue Bonds, Series June 1, 1965 and all parity obligations, if any, hereafter issued) shall be payable solely . from, and constitute a first lien upon the revenues to be de- rived from the operation of the City's municipal sanitary sewer system (herein "system") after payment of all necessary and reasonable operation and maintenance expenses of the system. PURPOSE AND AUTHORITY: The bonds will be issued for the purpose of improving and extending the municipal sewer Sys- ' tem pursuant to the laws of the State of Colorado, and parti- cularly Chapter 139, Article 52, Colorado Revised Statutes • - 1963, as amended, and consistently with the Charter and ordi- nances of the City. PROPOSALS AND AWARD: Each bid must be on an offi- cial bid form (addressed to Director of Finance, P. O. Box 580, Fort Collins, Colorado 80522) and be conditional upon receipt of the approving legal opinion of the bond attorneys named below, but must in all other respects be unconditional. Bidders. are to designate the rate or .rates of interest, to be evidenced by a single set of interest coupons (no supplemental or "B' coupons), on which their bids are based. The net ef: fective interest rate for said issue of bonds may not exceed 71 (computed in accordance with the standard so-called "IBA • Method"). Interest ratesmust be stated in multiples of twentieths or eighths of one per cent, and the highest rate bid for any of the bonds may not exceed the lowest rate bid by more than three per cent (31). No more than one interest rate may be bid for the bonds maturing in a single year. A ' • zero (0) interest rate cannot be named. The bonds will be sold at not less than par and accrued interest to the date of delivery thereof. The bonds 26d 2 6:5. I . 1 i will be awarded to the bidder whose bid results in the lowest net interest cost to the City, as hereinafter defined, and in any event to -the best advantage of the City. If there are two (2) or more equal bids for the bonds, and such equal bids are the best bids received, the City will determine which bid will be accepted. For information purposes only, the bidders are re- quested to state in their bids (a) the total net interest cost in dollars and cents, which is defined as the total amount of interest to accrue from date of issue to the respective maturi- ty dates, without regard to prior redemption provisions, less the amount of cash premium bid, if any, and (b) the net effec- tive interest rate. in a stated per cent. BID CHECK: A cashier's check or certified check drawn on a bank or trust company of the United States of Amer- ica, payable to the City of Fort Collins, Colorado, in the amount of $40,000 must accompany each bid. The check of the successful bidder .will be retained by the City as evidence of good faith pending the delivery of the bonds. Other bidders' checks will be returned promptly. SALE RESERVATIONS: The City reserves the privilege: (1) of waiving any irregularity or infor- mality in any bid; (2) of rejecting any and all bids*for the bonds; and (3) of reoffering the bonds for sale, as provided by law. TAX EXEMPT STATUS: In the opinion of bond counsel, the interest on the bonds is exempt from taxation by the United States of America under present federal income tax laws and is also exempt from taxation by the State of Colo- rado under its income tax laws. If prior to the delivery of the bonds to, the successful bidder therefor, the income re- ceived by private holders of obligations of the same type and character will be taxable or be required to be used in any income tax computation by the terms of any applicable federal or Colorado law hereafter enacted, the successful bidder, at his election made prior to the tender by the City of the bonds for delivery, may be relieved of -his obligation under the contract to purchase the bonds. In such case the contract to purchase the bonds will terminate, and the deposit accompanying ?rc t i the purchaser's bid will be returned to the purchaser upon written request therefor. Any such option shall be exer- cised by a letter addressed to the bond counsel hereinafter designated and deposited in the United States mails, prior to the tender by the City of the bonds for delivery as first-class mail, postage prepaid. and as airmail unless so mailed in Denver, Colorado. TIME OF AWARD: If an acceptable bid is received, the bonds will be awarded by the City Council at a meeting thereof, within twenty-four (24) hours after the'time of bid opening. The bond ordinance is expected to be adopted at the regular meeting of May 16, 1974. MANNER AND TIME OF DELIVERY: The deposit of the best bidder will be credited to the purchaser at the time of delivery of the bonds (without accruing interest). If . the successful bidder for the bonds fails or neglects to com- plete the purchase of the bonds within ten (10) days after the bonds are made ready and are tendered by the City for - delivery, the amount of this deposit will be forfeited (as liquidated damages for noncompliance with the bid) to the City, except as hereinafter provided. In that event, the City Council may cause the bonds to be reoffered for sale as the Council may determine. The purchasers will not be re- quired to accept delivery of any of the bonds if they are not .tendered by the City for delivery within sixty (60) days from the date of opening bids; and if the bonds are not so tendered within said period of time, the good faith deposit will be returned to the purchaser upon his request. .The City contemplates, however, effecting the delivery of the bonds to the purchaser thereof on or about July 11, 1974. PAYMENT AT AND PLACE OF DELIVERY: The successful bidder or bidders will be required to accept delivery of, and to make payment of the balance due for, the bonds: (1) At some bank or trust company in Denver, Colorado,; or (2) At the successful bidder's request and expense, at some other bank or trust company in the United States of America. Payment of the balance of the purchase price due at delivery must be made in federal -funds or other funds acceptable to 11 1 ofe 267` the City, and to the bank or trust company designated as the place of delivery for immediate and unconditional credit to the City, or as directed by the City. The balance of the purchase price, including any premium, must be paid in such funds and not by cancellation of any interest coupons, nor . by any waiver of interest, nor by any other concession as a substitution for such funds. go CUSIP NUMBERS: CUSIP numbers will be printed on 30 the filing panel on the back of the bonds at the request and expense of the successful bidder. If a wrong number is im- printed on any bond or if a number is not printed thereon, r - any such error or omission will not constitute cause for the successful bidder to refuse delivery of any bond. • INFORMATION: The official bid form, an official . statement prepared by the City, the bond ordinance to be _ adopted after the sale, this Official Notice of Bond Sale, ,. and financial and other information concerning the City and the bonds, may be obtained upon request from the City's fi- nancial consultant, Boettcher & Company, 828 - 17th Street, Denver, Colorado 80202. ' LEGAL OPINION, BONDS AND TRANSCRIPT: The legality . of the bond issue will be approved by the firm of Dawson, Nagel, Sherman & Howard, Attorneys at Law, 1900 First Na- tional Bank Building, Denver, Colorado 80202, whose unquali- fied, final, approving opinion, together with the printed • bonds on steel engraved borders, a certified transcript of the proceedings, including a certificate stating that there is no litigation pending affecting the validity of the bonds as of the date of their delivery, and other closing docu- ments, will be furnished to the purchaser without charge by the City. A certified true copy of the approving opinion ' of bond counsel for the issue will be printed on each bond ' thereof at the City's expense. Bond counsel's approving opinion will recite, in conventional form, that bond counsel • _ has examined the Constitution and laws of the State of Colo- rado and a certified copy of the record of the proceedings of the City Council taken preliminary to and in the issue of the bonds and that. bond counsel has examined bond numbered one of said issue and has found the same properly executed and in due legal form. The last paragraph of the opinion will express an unqualified opinion as to legality of issue, as to 267 268 tax exemption of interest (subject to the provisions herein- ' above entitled "Tax Exempt Status") and as to the security consistently with the provisions of the paragraph of this notice entitled "Security." ..c;. By order of the City Council of the City of Fort Collins, Colorado, dated this 2nd day of May, 1974. _ /s/ Nancy P. Gray sls anMayor (SEAL) ATTEST, /s/ Verna Lewis City Clerk Section 3. The City Clerk is authorized and directed to publish a notice of bond sale at least once in at least (1) .the Daily Journal, a financial newspaper published in Denver, Colorado, and (2) a newspaper circulating in the City, at least five days prior to said sale date, the notice for pub- lication to be in substantially the following form: NOTICE OF BOND SALE $2,000,000 CITY OF FORT COLLINS, COLORADO SEWER IMPROVEMENT REVENUE BONDS SERIES JUNE 1, 1974 The City of Fort Collins on June 6, 1974, at 11:10 a.m., N.D.T., at the City Hall Council Chambers, at tnn 1.OPnrtP AVOn..P , in Fort Collins, Colorado, will receive sealed bids for the purchase of the City's Sewer Im- provement Revenue Bonds, Series June 1, 1974, dated June 1, • 1974, in the principal amount of $2,000,000, and maturing ser- ially on December 1, 1977 through 1994. For.provisions as to security and as to prior redemption and further details, ' - reference is made to a proposed ordinance on file with the ' City Clerk. The official Notice of Bond Sale, said ordinance and financial and other information conerning the City and the bonds may be obtained from Boettcher S Company, Denver, Colorado. The legality of the bonds will approved by Messrs. 11� 2 fry);, 1 OD 30 1 1 Dawson, Nagel, Sherman 6 Howard, Denver, Colorado. By order of the Council of the City of Fort Collins, Colorado, dated the 2nd day of May, 1974. /s/ Verna Lewis City Clerk (SEAL) Section 4. This resolution shall take effect immediately upon its passage and adoption. PASSED, ADOPTED, SIGNED AND APPROVED this 2nd day of May, 1974. /s/ Nancy P. Gray SSlMayor (SEAL) ATTEST: /s/ Verna Lewis City Cler Reconsideration of agreement with the State Board of Agriculture regarding rates for furnishing Water and Sanitary Sewer Services to Colorado State University defeated Andy Anderson, 1421 Skyline Drive, President of the Concerned Citizens for Choice City Government, inquired if Council members did not wish to excuse themselves from voting on this issue as a possible conflict of interest. No member chose to excuse themselves. City Manager Brunton reviewed the recommendation of the Administration that Resolution 74-41 be amended to change the water rate increase from 31.9¢ per 1,000 gallons to 29¢ per 1,000 gallons. Councilwoman Preble made a motion, seconded by Councilwoman Reeves, to set the rate for CSU at 29.0¢ per 1,000..t..Yeas: Council members Bewling, Gray, Preble, Reeves, Russ�d Wilkinson. Nays: None. 8, wi F?, -, < ° 11 , � tudI 'A!,,, Lowering of rental charge for surplus water where active agreements exist approved. City Manager Brunton reviewed the recommendation of the Administration to charge the assessment rate plus a handling fee of 5%. This would apply to those people who have active agreements, such as Mr. Kenneth Montgomery, who had asked for relief. 269 270 Councilwoman Reeves made a motion, seconded by Councilwoman Preble, to , ., approve Cie recounnendation of the Administration in this matter. Yeas: Council members Bowling, Gray, Preble, Reeves, Russell and Wilkinson. Nays: None. Forming of Sidewalk Improvement District approved City Attorney March stated that if Council wished to proceed, they should direct the Administration to do so. 1,k. Andy Anderson, 1421 Skyline, spoke in opposition to the formation of such a district. Councilman Russell made a motion, seconded by Councilwoman Reeves, to direct the Administration to proceed on the district. Yeas: Council members Bowling, Gray, Preble, Reeves, Russell and Wilkinson. Nays: None. Contract with Nelson, Haley, Patterson and Quirk for aerial surveys and mapping of a portion of Fort Collins approved City Manager Brunton spoke to the proposal for aerial, survey and mapping of 17 square miles mainly done to map the storm drainage areas and street designs. Councilwoman Preble made a motion, seconded by Councilwoman Reeves, to approve ' the contract with Nelson, Haley, Patterson and Quirk. Yeas: Council members Bowling, Gray, Preble, Reeves, Russell and Wilkinson. Nays: None. Report date establisheci.. for report on F_xtension of Mason Street City Manager Brunton stated that at the last work session, it had been suggested by Councilman Wilkinson that the Administration pursue the exten- sion of Mason Street. Counci1man. Bowling spoke to previous actions and policies in regard to Mason Street. Councilman Wilkinson made a motion, seconded by Councilman Bowling, that the City Manager be instructed to pursue the acquisition of right-of-way with CSU and the C and S Railroad and report back to the Council in four weeks. Yeas: Council members Bowling, Gray, Preble, Reeves, Russell and Wilkinson. Nays: None. Management agreement between Housing Authority and the City of Fort Collins approved Assistant Mayor Gray stated this had been discussed at great length. , City Manager Brunton spoke to the City's cooperation with the Housing Authority. In Section 1, at the end of "as" in the first line the word "renting and" management, agent; and in the next to the last line of the paragraph after the word "applicable", insert the word "authority", rules, regulations --- under Section 4, the words "recreational" should be 270 striken and, the word "social" inserted in the first and third line of the paragraph. City Attorney March approved the changes. Councilwoman Preble made a motion, seconded by Councilman Bowling, to approve the Management Agreement with The Housing Authority with the above changes. Yeas: Council members Bowling, Gray, Preble, Reeves and Russell. Nays: Councilman Wilkinson. Lease agreement between Housing Authority and the City of Fort Collins x City Manager Brunton stated the Housing Authority had requested three x changes; this would be the substitution of the word "Social" for the word X"recreational" in the agreement. QCity Attorney March stated the term of the lease needed to be specified. This was set as forty years. Also the date on which the $1.00 per year to be paid was established as January 1 of each year. Mrs. Bernice Hoover, 2504 Tulane Drive, inquired into the use of the facility. Council discussed the use of the building and rules for using the facility. Councilwoman Reeves made a notion, seconded by Councilwoman Preble, to approve the agreement with the above changes. Yeas: Council members Bowling, Gray, Preble, Reeves, Russell and Wilkinson. Nays: None. ' Sole source purchase of Chassisfor Barko Loader approved City Manager Brunton stated the City had taken quotes with the understanding that the specifications would be met on the truck; however, when they were checked through the equipment fund, it was found that they did not meet specifications. The loader had. been received but the chassis is not avail- able. Therefore, the Administration is requesting authorization to increase the cost to $13,000 to purchase. Councilman Bowling made a. motion, seconded by Councilwoman Preble, to authorize the increase to $13,000 for a sole source purchase. Yeas:. Council members Bowling, Gray, Preble, Reeves,.and Wilkinson.. Nays: None.. (Councilman Russell out of room) Purchase of crash/fire and rescue vehicle for Fort Collins -Loveland Airport approved City Manager reviewed the request as follows: Earlier this year we took bids on a fire and rescue truck for the Fort Collins - Loveland Airport. Subsequently, we found out that we were eligible for Federal assistance.for this equipment. The various enclosed correspondence and appli- cation apply to the retaining of Isbill Associates, Inc. to, prepare the forms and specifications for this purchase. The engineering costs are for $2,000 and .the estimated cost of the vehicle is $30,000. We are requesting 82% of the cost as a grant from the Federal government. 271 2.7 2 Recommendation: The Administration recommends that the Council authorize the Mayor to sign the necessary letters, agreement with Isbill Associates, Inc., and the grant application. There was one addition in the request for aid for Airport Development. 1. Purchase crash/fire and rescue vehicle; total cost $30,000; Sponsor Funds $5,400; FAA Funds requested $24,600. There was also needed a radio control totaling $895.00 of which the airports share is $161.00 or the total amount of the Sponsor's contribution of $5,561.00 and the total amount requested from the FAA is $25,334.00. Chairman of the Airport Board, Robert Ocheltree, spoke to the proposal Councilwoman Preble made a motion, seconded by Councilwoman Reeves, to approve the purchase. Yeas: Council members Bowling, Gray, Preble and Reeves. Nays: Councilman Wilkinson. (Councilman Russell out of room) Purchase of Fire Apparatus approved City Manager Brunton stated Rcvenue Sharing money would be turned over to the equipment fund for three pieces of equipment. 1. Squad Truck for $25,000. — 2. A.1250 GPM Pumper for $5,500 3. A 100' Aerial Ladder for $90,000. Fire Chief Ed Yonker.spoke to the delivery dates. Councilwoman Reeves made a motion, seconded by Councilwoman Preble, to auth- rize the purchase and award the bid to the low bidders and authorize the sole source in one case. Yeas: Council members Bowling, Gray, Preble, Reeves, Russell and Wilkinson. Nays: None. Other business 1. Councilman Wilkinson made a motion, seconded by Councilman Russell, to instruct the City Manager to investigate a new Public Address equipment and report back at the May 16, 1974 with bids. Yeas: Council members Anwlino� rrRv, Preble., RPPl,es, Russell and Wilkinson. Nays: None. 2. Councilwoman Reeves stated the Legislature had just passed house Bill 1084, which is the conservation Trust Fund Bill and that the City should obtain a copy of the Bill as enacted and start setting up a conservation 'trust Fund in order to be eligible for w tching funds. 3, MrI. Andy Anderson, President of the Concerned Citizens, inquired into the following: A. Contract for Computer Services with Larimer County. B. Annual Audit. The Administration responded to both inquiries. J 1 u ' 4. Assistant Mayor Gray spoke to the following memorandum: DATE: May 1, 1974 T0; The Honorable Mayor and City Council FROM: Nancy Gray, Councilwoman RE: Human Resources.Coordinating Committee QO 30 00 The Human Resources Coordinating Committee met on April 30, 1974. The County, . City of Loveland and City of Fort Collins were represented. The following objective was adopted: 1 1 Purpose --to coordinate Human Resources (Revenue Sharing) expenditures within the County by reviewing the needs of organizations, setting priorities and making recommendations to budgeting responsibilities of the participating governmental entities. We can discuss this at our May 2nd meeting and will ask for your approval of the objectives. We can also discuss the Committee's thoughts on procedures and ways to involve the Human Relations Commissions and United Fund agencies of each city. Councilman Bowling made a motion, seconded by Councilman Russell, to approve the recommendations. Yeas: Council members Bowling, Gray, Preble, Reeves, Russell and Wilkinson. Nays: None. Adjournment Councilwoman Reeves made a motion, seconded by Councilwoman Preble, that the meeting adjourn. Yeas: Council members Bowling, Gray, Preble, Reeves, Russell and Wilkinson. Nays: None. ATPEST: City Clerk, 273