HomeMy WebLinkAboutMINUTES-06/17/1975-Regular0 4�1:h:
June 17, 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, June 17, 1975 at 5:30 P. M. in the Council Chamber in the City
of Fort Collins City Hall.
Present: Council members Bloom, Gray, Reeves, Suinn, and Wilkinson.
Absent: Mayor Russell and Councilman Bowling.
Staff members present: Brunton and Lewis.
Also: City Attorney March.
Election of Mayor Pro Tem
Councilman. Wilkinson called the meeting to order and stated the first ,
item was to elect a temporary chairman. Ile then nominated Councilwoman
Gray; the nomination was seconded by Councilman,Bloom. Hearing no further
nominations, acting chairman Wilkinson declared Councilwoman Gray acting
chairman and Mayor Pro Tem.
Approval of Minutes of Adjourned Meeting,of May 27,
1.975 and Minutes of Regular Meeting of June 3, 1.975
Acting Mayor Gray stated copies of the minutes of the adjourned meeting
of May 27 and the regular meeting of June 3 had been received. Hearing
no corrections she declared the minutes approved.
Ordinance adopted on second reading creating
a Cultural Resources Board
Chairman of the present Landmarks Preservation Commission, Mr. James A.
Cox, inquired "what guarantees the Landmarks Commission would have in
the future on the Cultural Resources Board."
City Attorney March stated that the Board would make appointments of
,subcommittees which were intended to strengthen tiie present Commission.
Mr. Cox expressed the concern of the. Landmarks Preservation Commission
membership that the Board might not appoint committees and do everything
themselves. ,
City Att_crney March again stated the Council has the power to approve —the
bylaws of the new Board.
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Councilwoman Reeves made a motion seconded by Councilman Bloom to adopt
Ordinance.No. 30, 1975 on second reading. Yeas: Council members Bloom,
Gray, Reeves, Suinn, and Wilkinson. Nays: None.
ORDINANCE NO. ;,� 1975
BEING AN ORDINANCE CREATING A CULTURAL
RESOURCES BOARD TO REPLACE AND COMBINE
THE LANDMARK PRESERVATION COMMISSION
AND THE BOARD OF DIRECTORS OF THE
PIONEER MUSEUMLC
.
OCi
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS:
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Section 1. There shall be, and hereby is, created a
City board to be known as the Cultural Resources Board, herein
called the Board.
Section 2. The Board shall consist of seven members
appointed by the City Council. The initial appointment to
such commission shall consist of the appointment of one person
for a one-year term, two persons for a two-year term, two
persons for a three-year term, and two persons for a four-
year term. Thereafter appointments shall be for a term of
four years. All appointments shall be for a term which ends
on July 31. In the event a vacancy occurs on such Boai-d,'the
same shall be filled by the City Council for the remaining
unexpired portion of the term.
Section 3. 'The Board shall elect a chairman and such other
officers as it may require and shall make and -adopt by-laws
covering its operation. Such,by-laws shall be submitted to
the City Council for approval before they become effective.
The by-laws thereafter shall not be amended without consent
of the City Council.
Section 4. The Board shall act as an advisory board to
the City of Fort Collins•on the following matters:
A. All matters pertaining to historic landmarks.
In this connection the Board shall act as the Landmark'Preserva-
tion Commission created by Section 69-2 of 'the Code of the City
of Fort Collins, and the Landmark Preservation Commission hereto-
fore appointed is hereby abolished. The Board shall have all
of the powers and duties of the Landmark Preservation Commission
created by Section 69-2 of the Code of the City of Fort Collins.
B. All matters pertaining to the Fort Collins Pioneer
' Museum. In this connection the Board shall act as the Board
of Directors of the Pioneer Musuum created pursuant to Section
7T-7 of the Code of the City of Fort"Collins, and the'Board of
Directors of.the Pioneer Museum heretofore appointed under such
section is hereby abolished.
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3.5,8.
C. All matters pertaining to any City auditorium and cultural
center constructed by the City. The Board shall have the responsibility
of advising the City Council and the City Administration on all matters
pertaining to th'—fdcility:
Section 5. The Board may, pursuant to its bylaws, appoint committees
consisting of its own members and other citizens of the City of Fort
jCollins for the purpose of studying and making recommendations to the whole
Board on particular matters within the jurisdiction of the Board.
Section 6. Section 69-2 of the Code of the City of Fort Collins is
hereby amended by deleting therefrom Subsections B, C, D, and E thereof.
Section 7. Section 71-7 of the Code of the City of Fort Collins is
hereby amended by deleting therefrom the following words and figures:
"which Board shall consist of five (5) members to be
appointed by the City Council, who shall hold.office for
a period of four (4) years. The members of said Board shall
serve without compensation."
Introduced, considered favorably on first reading, and ordered published
this 3!:d- day of Jun A. D. 1975, and to be presented for final
passage on the -day of June A. D. 1975.
Mayor
ATTEST:
-'d, ;7a�
City Clerk
Passed and adopted on final reading this 17th day of June
A. D. 1975.
ATTEST:
First Reading: June 3, 1975 (Vote: Peas, 7; ways, 0)
Second Reading: June 17, 1975 (Vote: Yeas, 5; Nays, 0)
Dates Published: June 8, 1975 and June 22, 1975.
Attest: /�? e,
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Ordinance adopted on second reading authorizing
petition to Northern Colorado Water Conservancy
District for a water allotment
City Manager Brunton stated the contract with the Platte River Power Authority
had not been received as yet.
City Attorney March advised the Council that there was a valid reason why
the contract had not been received, that being that tine Platte River Power
Authority is making the changeover from a non-profit corporation to a
governmental entity. He further assured Council that.if everything was not
in order prior to the ordinance becoming final (June 27, 1975) he would
x request a special meeting of the Council to inform them.
Councilman Wilkinson made a motion seconded by Councilwoman Reeves to adopt_
Ordinance No. 31, 1975 on second reading. Yeas: Council members Bloom,
Gray, Reeves, Suinn, and Wilkinson. Nays: None.
ORDINANCE NO. 31 , 1975
BEING AN ORDINANCE TO APPLY_ -AND CONTRACT FOR
BENEFICIAL USE OF WATER ON BEHALF OF THE CITY
OF FORT COLLINS, COLORADO, A MUNICIPAL CORPORA-
TION, AND PRESCRIBING THE. TERMS FOR APPLICATION
FOR AN ALLOTMENT OF WATER TO SAID CITY OF FORT
' COLLINS BY MUNICIPAL SUBDISTRICT, NORTHERN
COLORADO WATER CONSERVANCY DISTRICT
WHEREAS, under the Water Conservancy Act of Colorado (Title
37, Article 45 of the Colorado Revised Statutes of 1973), it
is necessary that the City Council of the City of Fort Collins,
Colorado, a municipal corporation (hereinafter called "Applicant")
in order to obtain an allotment contract for the beneficial use
of water from Municipal Subdistrict, Northern Colorado Water
Conservancy District, shall by ordinance authorize and direct
the Mayor and City Clerk to apply to the Board of Directors of
said District for such water allotment contract.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF FORT COLLINS:
Section 1. That the City of Fort Collins elects to apply
for an allotment contract providing for the beneficial use of
eighty (80) units of water from Municipal Subdistrict, Northern
Colorado Water Conservancy District.
Section 2. That the Mayor and City Clerk be, and are hereby,
' authorized and directed to apply to the Board of Directors of
the said Municipal Subdistrict, Northern Colorado Water Conser-
vancy District, for a contract allotting to the applicant the
beneficial use of water upon terms prescribed by said Board
in the manner and form as in this section provided, to -wit:
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PETITIDN To.
,� ,.__ ,- ._.r.._.-.,.,.,�.. _...�__.�.._ "• MUNICIPAL SUBDISTRICT,
NORTHERN COLORADO WATERCONSERVANCY DISTRICT
FOR WATER ALLOTMENT CONTRACT
Petitioner, THE CITY OF FORT COLLINS, COLORADO , a municipal
corporation of the State of Colorado (hereinaf`ter called "Petitioner") hereby
petitions the Municipal Subdistrict, Northern Colorado Water Conservancy District,
a pol'ltical subdivision of the State of Colorado, acid a body corporate with all
the powers of a public or municipal corporation (hereinafter called "Subdistrict"),
organized and existing by virtue of Title 37, Article 45, Colorado Revised Statutes,
1973, as amended, for an allotment contract pursuant to 37-115-123, C.R.S. 1973,
for the beneficial use of water under and pursuant to the following terms and
conditions:
1, Definitions, The following definitions shall apply:
.(a) "Acre-foot" shall mean 43,560 cubic -feet of water and any
volume of water delivered by the Subdistrict will be coin-
puted on the assumption that a flow of one cubic -foot of
water per second of time will.equal two acre-feet in
twenty-four hours.
(b) "Board" shall mean the Board of Directors of the Subdistrict
(e) "Carriage Contract" shall mean that contract entered Into on
October 3, 1973, between the Subdistrict, the torthern Colo-
rado Water Conservancy District, and the United States of
America for the purpose of utilizing the unused capacity of
the facilities of the Colorado -Big Thompson Reclamation
Project for the carriage of water developed by the Subdi,striet.
(d) "Delivered water" is that Subdistrict water del ivered to
Petitioner for use by the Petitioner.
(e) "Entity" shall mean any public corporation, person, mutual
ditch company, water users' association or private corporation.
(f) "Operating Agreement" shall mean an agreement required by the
Subdistrict for provision of additional or special services
that may be requested by Petitioner and which can be provided
by the Subdistrict. Said agreement may contain, but not be
limited to, provisions for water delivery at times or by
means not provided for by the Colorado -Big Thompson System
and may include provisions for additional annual monetary
consideration for extension of Subdistrict delivery services
and for additional administration, operation and maintenance
costs, or for other costs of Subdistrict which may arise from
services to Petitioner not o[lier:;is: provided for under this
contract.
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(g)
"Project water'.' shall mean all water that accrues to the use
of the Northern Colorado Water Conservancy District or its,
allottees by reason of the Colorado -Dig Thompson Reclamation
Project.
(h)
"Subdistrict water" shall mean the quantity of water acquired
and obtained by the Subdistrict from the development and
construction of the Windy Gap Project pursuant to applicable
state law, and which the Subdistrict introduces into the
project system either directly or by exchange and which Is
deliverable to the Subdistrict through the project works.
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(i)
"Unit' shall mean 1480th of the Subdistrict water supply
annually made available ','or distribution by the Board.
"Water Year" shall mean the period from November I of one
calendar year through October 31 of the next succeeding
calendar year,
(k)
"Windy Gap Project" shall mean that project under development,
including the acquisition and perfection of water riahts., to
be constructed by the Subdistrict for the diversion of waters
from the Colorado River at or near its confluence with the
Fraser River and carriage of this Subdistrict water to the
Eastern Slope for beneficial use pursuant to the terms of
the Carriage Contract. For purposes of this contract, said
Project is defined as those facilities necessary to divert,
pump, store, regulate, and introduce into the Colorado -Big
Thompson Project that quantity of Subdistrict water which
will produce an average deliverable quantity of water equal
to approximately 48,600,acre-feet per water year.
Z. Quantity of Water. Petitioner petitions for eighty (80) units
of Subdistrict water for annual delivery upon comp!etion of construction
of the Windy Gap Project and so long thereafter as the Petitioner fully
complies with all the terms, conditions and obligations hereinafter set
forth, but In no event for a term less than the period required for the,
pdyment of bonds or other fixed indebtedness incurred by the Subdistrict
for the Windy Gap Project during any period prior to transfer of a part
or all of Petitioner's allotment to an entity within the Subdistrict.
3. Use of Water. Petitioner agrees that any Subdistrict water allotted
by the Board shall be for domestic, irrigation, municipal and industrial
use within or through facilities or upon lands owned or served by said
Petitioner, provided, however, that (i) all lands, facilities and ser-
vice areas which receive benefit from the allotment (whether water
service is provided by direct delivery, by exchange or otherwise) shall
be situated within the boundaries of the Subdistrict or as otherwise
' provided by law, and (ii) said water may be seasonally transferred by
Petitioner for such uses within said boundaries. Nothing herein shall
prevent the Petitioner from reusing Subdistrict water, by direct
delivery, exchange or otherwise, provided the use thereof is for
benefit of lands, facilities and service areas within the boundaries
of the Subdistrict or as otherwise provided by law.
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f��bdistr•ict •Wa-ter.--,Pursuant to terms .of the. -Carriage.
Contract, the introduction, storage, carriage and release of Subdis-
trict water into, through or from the Colorado -Big Thompson, Project
System and the manner of delivery, measurement and accounting therefor
shall .be in accordance with procedures in use between the United States
and Northern Colorado Water Conservancy District for the delivery of
Project Water or as such procedures are herein or may hereafter be
modified by agreement of the parties. Deliveries of Subdistrict water
to Subdistrict and its allottees shall he made b.y,the United States
and the Northern Colorado Water Conservancy District at Project System
delivery points. Any release of. water from the Colorado -Big Thompson
Project System for delivery to or for any entity within the Subdistrict
shall be deemed to have been made from deliverable Subdistrict water
to the extent .that the Petitioner is enO tied thereto. No Project
water shall be -del ivered to the Petitioner while a Subdistrict water
balance remains in the Project System to the credit of the Petitioner;
provided, however, (1) that this limitation shall not restrict the
seasonal rental, transfer or exchange of Project water before Peti-
tioner's Subdistrict: water is fully used, and (ii) that this limitation
shall not apply to parties to whom such Project water is transferred
or exchanged; nor shall it restrict Petitioner in its use of Project
water outside of the Subdistrict boundaries. No part of Petitioner's
Subdistrict water shall be delivered to another entity without written
authorization of Petitioner.
5, Annual Assessments. Petitioner agrees to pay the following special
assessments as provided for in 37-115-123, C.R.S. 1973:
a. Upon execution of this contract and annually thereafter an
amount per unit as allocated by this contract equal to
1/1130th of the sum of (i) the annual chargu required to
pay the principal, interest and premium, if any, on bonds
issued or other fixed indebLedness incurred by Subdistrict
to finance the acquisition and construction of the Windy
Gap Projec.t; (ii) the annual costs, exclusive of those costs
set forth in Paragraph c, of,this Article, incurred by Sub-
district in the administration, operation, maintenance,
repair, and rehabilitation of Windy Gap facilities and such
other annual costs as may arise from and be attributable.
to the operation of Windy Gap Project; (ili) an annual
amount to establish and maintain a reserve equal to the
maximum principal and interest due or to become due in
the succeeding year on all outstanding bonds or other
fixed indebtedness of the Subdistrict; (iv) such an annual
amount, as the Board shall determine to be necessary, to
establish and maintain an operating and maintenance reserve
equal to. eighteen months operating and maintenance costs;
and (v) such other reserves as the Board shall determine
are necessary for operation, maintenance, renewal or
replacement of Subdistrict facilities,
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b. Upon execution of this contract, prior to actual project
construction and issuance of any bonds,.an amount annually
per unit equal to 1/480th of those preconstruction costs
Incurred for administration, preliminary and final design,
right-of-way acquisition and other such necessary items.
Each year on or before August l the Subdistrict'shall fur-
nish Petitioner with an estimate of any such costs in the
form of a proposed Subdistrict 'budget' for the following
Water Year. A statement of charges for this assessment
will be rendered to Petitioner by the Subdistrict by
January 10 of each year and payment will be due from
_Petitioner withi_p ninety (g0) days fol.lowing,receipt of
such statement.
e. Upon delivery of Subdistrict water and annually thereafter
an amount per acre-foot estimated by Petitioner in accordance
with Article 6 hereof to be required for delivery to Petitioner.
Said amount shall be the surn of ( i ) the annual. per acre-foot
carriage charge levied in accordance ,•pith the Carriage Contract,,
and (ii) an annual per acre-foot charge for the energy costs
incurred in the.operation of those Windy .Gap Project facilities
required to divert, pump, store or -introduce such water into
the C¢lorado-Dig Thompson Project for carriage and delivery
to the Subdistrict.
6, Estimated Demand and Delivery Schedule. Commencing in the water year
In which Subdistrict water is physically available for delivery to
Petitioner and on or before August 1 of each year thereafter, Peti-
tioner shall provide Subdistrict with an estimated demand and delivery
schedule, not .to exceed the amount allotted herein, for its Subdistrict
water for the following Water Year, This schedule shall contain the
time, delivery points and 'quantities of water which Petitioner estimates
it shall require. This schedule may be modified from time to time as,
'the need warrants within the physical capabilities of the delivery
system and subject to advance payment by the Petitioner of the charges
established in Article 5(d) of the Carriage Contract. '
%. Estimate Statement: Subdistrict shall furnish Petitioner with an
estimate statement of anticipated assessments required under Article 5(a)
or 5(c) hereof, or both, on or before August 31 of each year, which
statement shall be used by Petitioner for budgeting purposes for the
following fiscal year.
II, Payment of Charges. On or before March I of each year, Subdistrict
shall render a billing statement to Petitioner for.payment of charges
and costs based upon estimated demand for that year as set forth in
Article 6 hereof. The estimated assessment shall be based upon actual
costs incurred during the previous Water Year, plus such additional
amounts reasonably attributable to inflation. Any credit from the
previous Water Year or any additional charges from the previous Water
Year shall be included in the billing statement rendered. Petitioner
shall pay the net charges shown on the billing statement ,of estimated
assessments on or before April I after receipt of statement,
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664
9, Securit As security to the Subdistrict, the Petitioner agrees to be
BOUnd b=�fhc'provrsroris of'C. R;S.' 1973, and that the fore
going covenant of annual payments will be met from assessments levied 14
' by the Subdistrict pursuant to 37-115-123, C.R.S. 1973, or, 'at the'
option of the Petitioner, such annual payments may be fully or par-
tially met by appropriation of funds from such sources of revenue as
may be legally available to said Petitioner for such purpose. Further,
the Petitioner agrees to continue to make the annual- ppyments,.as
defined J n Article 5 of this contract, for those units of Subdistrict
water allotted to it and for which Petitioner is obligated by the
adoption of an ordinance, which ordinance expressly shall not be
repealable until all bonder -indebtedness of the Subdistrict incurred
during any period prior to transfer of a part or all of Petitioner's
allotment is paid in full according to the terms of any bond indenture
or other indenture. issued by Subdistrict,
10, Beneficial Use of Water. Petitioner agrees that the water allotment
shall be beneficially used for the purposes and in the manner specified
herein, and this contract is made for the exclusive benefit of the
Petitioner and shall not inure to the benefit of any successors or
assigns of said Petitioner without prior specific approval by the
Board,
11, Operatinn Agreement, The Petitioner shall, as a condition to receiving
requested additional or special services under this contract, enter into
an operating agreement with Subdistrict if and when the Board finds and
determines that such an agreement is required,
12. Guaranteed Delivery Date, If Subdistrict water has not been introduced
Into the Colorado -Big Thompson Reclamation Project on or before Novem-
ber 1, 1988, this petition shall automatically terminate and be of no
further force and effect unless the termination date contained in
Article 2(b) of the Carriage Contract is extended, in which event,
the termination date herein contained shall be extended automatically
to conform with the termination date, as so amended; provided, however,
that if, prior to Such termination date, the Subdistrict shall Incur
bonded or other fixed indebtedness in connection with the acquisition
and construction of .the Windy Gap Project, the Petitioner shall not be
relieved of its obligation under this contract for the payment of prin-
cipal, interest and premium, if any, on such bonds or other fixed .
indebtedness. If this Petition terminates as provided in this Article,
Petitioner shall share in the proceeds of any sale of assets, including
conditional decrees of water, in proportion to the share its allotment
bears to the then total sum of all allotments of the Subdistrict,
13, limitations on Riqhts of Petitioner, In addition to all the other
terms, conditions and covenants contained herein,. it is specifically
understood and agreed by and between the parties hereto that the
rights of the Petitioner hereunder are subject to the following terms,
conditions and limitations, to all intents and purposes as though set
�- — forth verbatim herein, and made a part hereof by reference, to -wit;
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a, The Water Conservancy Act of Colorado;
b, The Carriage Contract dated October 3, 1973, between
Subdistrict, the Northern Colorado Water Conservancy
District, and the United States of America, provided,
that if any amendment is proposed which would affect
the right of Petitioner to reuse Subdistrict water, the
approval of such amendment shall first be obtained from
the Petitioner,
C. The Rules and Regulations of the Board.
Ill. Transfer or Allotment.. If Petitioner, with approval of the Board,
transfers ri part of its allotment to another entity within the Sub-
district, Petitioner shall be relieved of its obligc:tions hereunder
to the extent of said transfer, except as otherwise provided herein,
If Petitioner, with approval of the Board, transfers all of its allot-
ment to another entity within the Subdistrict, Petitioner shall no
longer participate in the Windy Gap Project and the Petitioner shall
be rellevpd of its obligations except as'otherwise provided herein,
15, Future Participation. Nothing herein shall be construed in any manner
thaL will obligate Petitioner to participate.in any future or other
project of the Subdistrict or preclude Petitioner from participation
therein,
ATTEST:
THE CITY OF FORT COLLINS, COLORADO,
° A Municipal Corporation
(Name of Applicant
By
Y�Q�—(Gil Clerk).(I•iayor-) W4YMU `Xc&X:XY,
ORDER ON APPLICATION `
Application having been made by
as a party interested In a water allotment from Subdistrict and after a hearing
by the Board, it is hereby ORDERED that the above application be granted and an
allotment contract for units of. water is hereby made to
for the beneficial use as set
forth in said application and upon tice terms, conditions, and manner of payment
as therein specified,
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I-IUNICIPAL SUBDISTRICT,
NORTHERN COLORADO WATER CONSERVANCY DISTRICT
, z .:., 9 ., • B
President
0
1 hereby certify that the above order was entered by the Board of Directors
of Municipal Subdistrict, Northern Colorado Water Conservancy District, on the
day of ' _ ____ , A.D. 1975.
ATTEST:
Secretary
Section 3. This ordinance shall not be repealable until
all bonded indebtedness of the Municipal Subdistrict incurred
during any period prior to the transfer of a part or all of
the City of Fort Collins allotment is paid in full according
to the terms of the bond indenture or other indenture issued
by the Municipal Subdistrict, Northern Colorado Water Conser-
vancy District.
Introduced, considered favorably on first reading, and
ordered published this 3rd day of June, A.D. 1975, and to be
presented for final passage on the 17th day of June, A.D.
1975.
ATTEST:
ZL
Ci Clerk.
Passed and adopted on fin
June„A. D. 1975.
ATTEST:
(AAA
s�
City Clerk
Mayor
First Reading:
June
3,
1.975
(Vote:
Yeas,
7; Nays,
0)
Second Reading:
June
17,
1975
(Vote:
Yeas,
5; Nays,
0)
Dates Published:
.June
B,
1975 and
June
22, 1975
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Attest,
`
City Clerk 366
Ordinance adopted on first reading
adopting the 1975 Electrical Code
Mayor Pro Tom Gray stated this item had been thoroughly discussed at a
work session.
Councilwoman Reeves made a motion seconded by Councilman Suinn to adopt
Ordinance No. 35, 1975 on first reading. Yeas: Council members Bloom,
Gray, Reeves, Suinn, and Wilkinson. Nays: None.
Ordinance adopted on first reading relating
1t7 to the Human Relations Commission membership
Mayor Pro Tem Gray stated this ordinance changed the membership of the
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Human Relations Commission from 15 to 9 members, at the request of the
W Commission.
Councilwoman Reeves made a motion seconded by Councilman Wilkinson to
adopt Ordinance No. 36, 1975 on first reading. Yeas: Council members
Bloom, Gray, Reeves, Suinn, and Wilkinson. Nays:, None.
Resolution adopted appointing a member
to the Firemen's Pension Board
' Councilman Wilkinson made a motion seconded by Councilman Suinn to adopt
the resolution. Yeas: Council members Bloom, Gray, Reeves, Suinn, and
Wilkinson. Nays: None.
RESOLUTION 75-33
OF THE COUNCIL OF THE CITY OF FORT
COLLINS APPOINTING A MEMBER TO THE
FIREMEN'S PENSION BOARD
WHEREAS, a vacancy exists on the Firemen's Pension Board
because of the resignation of Darrel Watson as a member thereof;
and
WHEREAS, the City Council desires to appoint Glenn Walter
as a replacement to such Board to fill out the remaining portion
of Mr. Watson's term.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL
OF THE CITY
OF FORT COLLINS that Glenn Walter be,
and he hereby
is, appointed
as a member of the Firemen's Pension
Board to fill
out the
unexpired term of Darrel Watson as a
member of such
Board.
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Passed and adopted at a regular meeting of the City Council
held this 17th day of Tune A n T 975
ATTEST:
City Clerk
Resolution adopted authorizing the City Manager to enter
into agreements with the State Highway Department
Councilman Bloom inquired when completion of the three projects was
anticipated.
Director of Engineering Services Roy Bi.ngman stated one was an engineering
project and' the bridge and Taft Hill projects should be completed this
year.
Councilman Wilkinson made a motion seconded by Councilwoman Reeves to adopt
the resolution. Yeas: Council members Bloom, Gray, Reeves, Suinn, and
Wilkinson. Nays: None.
RESOLUTION 75-34
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CITY MANAGER TO ENTER INTO
AGREEMENTS WITH THE STATE DEPARTMENT OF
HIGHWAYS, DIVISION OF HIGHWAYS, STATE OF
COLORADO
WHEREAS, the City .of Fort Collins is eligible for assistance
through the -Federal Aid Primary Type II System; and
WHEREAS, the City has applied for such assistance in
connection with the following projects:
Project No. Description
M8010(2) Engineering and construction of the
Lemay Avenue bridge at Spring Creek
M8027(2) Engineering and construction of drainage
structures on Taft Hill Road
M8030(1) Engineering and right of way acquisition
of Lincoln Street bridge at Cache la
Poudre River
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and
WHEREAS, it will be necessary for the -City to enter into
agreements between the City and the State Highway Department; and
WHEREAS, the City Council desires to authorize the City
Manager to execute such agreements.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF FORT COLLINS that the City Manager and the City Clerk be, and
they hereby are, authorized and directed to execute agreements
between the City and the State Department of-Highways,Division
U:) of Highways, State of Colorado, pertaining to the projects
00 described above, after the form of such agreement has been
approved by the office of the City Attorney.
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Passed and adopted at a regular meeting of the City -Council
held this 17th day of June, A.D. 19
ATTEST: ('k�{ i (C i
Mayor Pro Tem
City Jerk
' Resolution adopted establishing an Advisory
Commission on the Downtown Redevelopment Program
Mayor Pro Tem Gray stated Council had decided to enlarge the Commission
by two members. Originally, Council had envisioned it as a nine member
Commission and had enlarged it to have broader representation.
Councilman Suinn made a motion seconded by Councilman Bloom to amend the
resolution by deleting the number "nine (9)" and inserting "eleven (11)"
Yeas: Council members Bloom, Gray, Reeves, Suinn, and Wilkinson. Nays:
None.
Councilman Suinn made a motion seconded by Councilman Wilkinson to adopt
the resolution as amended. Yeas: Council members Bloom; Gray, Reeves,
Suinn, and Wilkinson. Nays: None.
RESOLUTION 75-35
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ESTABLISHING AN ADVISORY COMMISSION TO
ADVISE THE CITY COUNCIL ON THE DOWNTOWN
REDEVELOPMENT PROGRAM
WHEREAS, the City of Fort Collins has heretofore auth6rized a study
of the needs of the core area of the city for redevelopment and has received
such study; and
E'
WHEREAS, the City Council has undertaken to accomplish the redevelop-
ment work proposed by such study; and
369
310"
-•--^WHEREAS,-in'the-optniori'of-the City Council it is desirable to form
an advisory commission to advise the City Council on matters concerning the
core area redevelopment program. 0 ' J
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS:
1. That an advisory commission to be known as the Downtown Redevelop-
ment Commission is hereby established.
2. Such Commission shall consist of eleven(11)members selected as
follows:
Five (5) members to be appointed by the City Council,
one (1) member to be appointed by the Fort Collins
Planning and Zoning Board from its membership, two (2)
members to be appointed by the Downtown Merchants Associ-
ation from its membership, one (1) member to be appointed
by the Fort Collins Area Chamber of Commerce from its
membership, one (1) member to be appointed by CORAD
from its membership, and one (1) member to be appointed by
the Landmark Preservation Commission from its membership.
3. Members of such Commission shall serve at the pleasure of the
Council and without compensation.
4. Such Commission shall study and advise the City Council on all
matters concerning the proposed Downtown Redevelopment Program. It shall work
with all organized groups and citizens concerned with the redevelopment program,
the Citv Administration, the Project Director, and such other organizations
as may be connected with the program from time to time.
S. The Downtown Redevelopment Commission shall adopt such bylaws a's
it deems necessary and shall elect from its membership a chairman and such other
officers as it deems necessary.
6. The Resolution adopted at the June 3, 1975, Council meeting is
repealed.
Passed and adopted at a regular meeting of the City Council held
this 17th day of June, A. D. 1975.
ATTEST:
lJ�i{�
City Clerk
May leim
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370
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OG
U
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1
Fort Collins -Loveland Airport
Master Plan Tabled
City Manager Brunton stated what is proposed is what Council had directed
at a work session: the priorities would be established with the understanding
that projects would only be authorized as money is available, funded by
the two City Councils. A further recommendation was for a joint meeting
of the two Councils in July to discuss the airport.
Mayor Pro Tem Gray stated Council would ask questions and comment first,
then have citizen input.
Councilman Bloom inquired if the questionssubmitted in writing should not
be addressed first. It was determined that the Airport Board had not
received the written questions. At that time Councilman Bloom stated he
did not wish to vote on the matter at this meeting.
Councilwoman Reeves stated she thought she would be willing to support
the Master Plan if No. 1 in Phase III were omitted, which is the 2,000 foot
extension, pending the regional transportation plan.
Councilman Suinn expressed two concerns, one that two Council members
who have major interests in this question are absent, and two, that one
of the absent members had submitted written questions. Another area of
concern was in Item 3, application for runway in lieu of apron reconstruction
and expansion.
Councilman Wilkinson stated he felt the Council had complete control of
every item in the Master Plan. He felt the plan is logical and reasonable,
and in order for the Board to proceed with the necessary funding he would
be willing and suggested Council approve the proposal as a Master Plan.
Mayor Pro Tem Gray stated she was willing to go along with the plan if
it would be amended not to have the expansion to 8,500 feet.
Airport Board member Robert Ocheltree stated the plan. is aspresented at the
work session.
Airport Manager Kosta Constantine stated the FAA is aware that the Master
Plan will be revised but they want it revised and they will support
revision as things change.
Mayor Pro Tem Gray next called for citizen participation. The following
addressed the issue:
1. Mary McCord, speaking on behalf of the Airport Information
Committee spoke in opposition to the airport expansion.
2. Beverly Driver, 8020 South County Road 11, read from the Airport
Information Committee's position statement of November, 1974
which raised questions about the expansion of the facility. Mr.
Driver again questioned the funding with public funds. Councilman
Wilkinson inquired if the Conunittee had made an analysis of the
total payroll of the corporations who use the airport put back
into the community? Mr. Driver stated they had not.
371
312
"'3:'-Ann Williams, "East' County Road 30, inquired, why land acquisition was necessary.
4. Don Stensen, Boyd Lake Shores, stated the parallel taxiway
should have greater emphasis.
5. Bernice Hoover, 2504 Tulane, stated she felt this was an important
issue to the citizens of,Fort Collins.
V n
Mayor Pro Tem Gray stated she wanted to get a consensus of the Council as
to whether or not they were willing to make a decision at this evening's
meeting.
Councilman Bloom stated he had two reservations in voting on the issue:
(1) that two Council members were absent, and (2) that in all fairness to
the Airport Board, they should have time to respond.
Councilwoman Reeves stated she would like to vote at this meeting
because the Board reeds to move ahead.
Councilman Suinn addressed the question of taking bids. Board member
Ocheltree stated this was on the construction position to come later.
Councilman Suinn stated he felt a week's delay was warranted.
Councilman Wilkinson made a motion seconded by Councilman Bloom to
table this issue to a special meeting. Yeas: Council members Bloom,
Suinn, and Wilkinson. Nays: Council members Reeves and Gray.
Canfield Annexation referred
to City Attorney
This proposed annexation consists of 17.2 acres of land located on the
north side of LaPorte Avenue east of Taft Hill Road. The proposed zoning'
is for R-P, Planned Residential District Zoning on the 4.7 acres fronting
LaPorte Avenue and R-L--P, Low Density Planned Residential Zoning for the
remaining 12.5 acres. This annexation and zoning has the unanimous approval
of both the Planning Staff and the Planning and Zoning Board.
Councilwoman Reeves made a motion seconded by Councilman Wilkinson to
refer this matter to the City Attorney for ordinance preparation. Yeas:
Council.members Bloom, Gray, Reeves, Suinn, and Wilkinson. Nays: None.
Cedarwood Subdivision, First Filing
approved
Cedarwood Subdivision, First Filing, consists of 3.1 acres of R-L, Low
Density Residential Zoning located on the north side of West Prospect
Street between Taft Hill Road and Overland Trail. The first unit consists
of 12 single-family lots of the proposed final 67-lot- Subdivision. The
various requirements of the Staff have been met by the developer. Both I
the Planning Staff and the Planning and Zoning Board have recommended
approval.
372
Councilman Wilkinson inquired that if the adjacent property is not owned
by this developer, what assurance does Council have that the right of way
on West Lake will be dedicated to the City. Associate Planner Paul Deibel
explained the mechanics for this assurance in the next filing of Cedarwood.
Councilman Wilkinson made a motion seconded by Councilwoman Reeves to
approve the plat with the condition that further development in this area
will not be approved without resolving the additional right of way for West
Lake Street. Yeas: Council members Bloom, Gray, Reeves, Suirn, and
Wilkinson. Nays: None.
East Wil.lox Lane Annexation referred
to City Attorney
liy
.
9G
The aforementioned one -quarter acre parcel is located on the
north
side of
Willox Lane east of College -Avenue. Since it is surrounded by the
City,
the City has initiated procedures to incorporate this area into the
City.
l
This is consistent with the long-range policy of the City to
bring
all
City -surrounded property into the City Limits. The Planning
Staff
and
the Planning and Zoning Board felt that the Highway Business
Zoning
was
consistent with the long-range policy of the City to bring all
City -surrounded property into the City Limits. The Planning
Staff
and
the Planning and Zoning Board felt that the Highway Business
Zoning
was
consistent with the surrounding area.
1
Councilwoman Reeves made a motion seconded by Councilman Wilkinson to
refer this item to the City Attorney for proper action. Yeas: Council
members Bloom, Gray, Reeves, Suinn, and Wilkinson. Nays: None.
Resolution approving joint computer
usage agreement with Latimer County
approved
City Clerk Verna Lewis read the resolution at length.
Councilman Bloom inquired into the following: (1) If the joint use of.'the
computer and joint usage is really the best way to go in the long run? City
Attorney March reviewed the history of the joint use with Larimer County.
(2) The computer time available, adding that that question probably would
not be answered tonight. City Manager Brunton referred to the arbitration
clause. (3) The operating personnel. (4) The hours available. City
Attorney Marcia stated the two above items three and four were items that
would be resolved by the committee or by arbitration. (5) Paee 2, Item 3a.
"The County shall have the right to enter into agreements with any other entity,
providing such other entity with the right to use the computer." Councilman
Bloom inquired "does the City have no voice whatsoever in this?" City
Attorney March stated this was correct, but this would be on the County's
four-fiftlis time. Assistant City Manager DiTullio stated he felt Item 5
answers that question:
373
"'5:` Both parties will 'make every reasonable effort 'to encourage -
third parties to use the excess capacities of the Computer, and the parties '
w will, make every possible effort to accomodate other users' needs in using the;
Computer so that maximum utilization of the Computer is accomplished and the
cost thereof reduced to the County and City. Both parties additionally agree,
however, that this accommodation should do nothing to limit the overall produc-
tive capabilities of the original parties and that the parties hereto have and
shall continue to have first priority access to the Computer in order to
' s fulfill their needs for the same."
Councilman Bloom next inquired into Item No. 6.:
"6. In the event additional use of the Computer by other parties
is achieved to the extent that the County recovers more than the total cost of
the Computer (including lease or purchase costs, maintenance costs and
operating costs), taking into account the contribution of the City, then the
parties agree that the charge to the City shall be reduced appropriately,
recognizing the City's interest in the Computer and the County's interest in
the same."
the specific question being that the total charge goes to zero before. the City
could see a reduction in rate.
City Attorney March stated that if the County recovers its four -fifths then
the City can pro -rate whatever recovery they have but until that time there is
no recovery. '
Councilman Suinn stated he favored the clause which would prohibit the sale,
by either party, of programs. His concern was in the use of the time. On
Page 5, 8e, the arbitration time "as soon as reasonably possible" was of
concern. City Attorney bfarch stated this could not be changed under the
rules of arbitration.
Councilman Wilkinson. stated he was disappointed that this contract came up
before a report was made on tine feasibility of the City obtaining its own
computer.
City Manager Brunton stated a report would be made soon.
Mayor Pro Tem Gray stated she would like to know if the Administration feels
that this is a good agreement that can be worked with well within the
framework. City Manager Brunton stated this was the best possible contract.
Councilman Suinn made a motion seconded by Councilwoman Reeves to adopt
the resolution. Yeas: Council members Bloom, Gray, Reeves, Suinn, and
Wilkinson. Nays: None.
RESOLUTION 75-36
OF THE COUNCIL_ OF THE CITY OF FORT COLLINS
APPROVING AN AGREEMENT TO BE ENTERED INTO '
WITII TILE BCARD OF COUNTY COIDIISSIONERS OF
LARIMER COUNTY
374
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WHEREAS, in the past the City of Fort Collins has made use of
the computer of Latimer County under an oral agreement for such use; and
WHEREAS, it is desirable to reduce the agreement between the
City and the County to writing; and
WHEREAS, a written agreement has been prepared providing for
the continued use of the computer by the City of Fort Collins under
certain terms and conditions, which agreement has been approved by the
City Manager and the City Attorney; and
WHEREAS, the City Council desires to accept and approve the
same.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that the terms and conditions of said agreement with the
Board of County Commissioners of Larimer County be, and the same hereby
are, accepted and approved; and
BE IT FURTHER RESOLVED that the City Manager and the City Clerk
be,, and they hereby are, authorized and directed to execute said agreement for
and on behalf of the City of Fort Collins.
Passed and adopted at a regular meeting of the City Council
held this 17th day of June, A.D. 1975.
ATTEST:
City Clerk
Renaming of Coloradoan Building
improved _
The Parks and Recreation Board, at its May 27, 1975 meeting, voted to
recommend to the City Council that the name of the Coloradoan Building
be changed to the "Fort Collins Community Center."
Councilwoman Reeves made a motion seconded by Councilman Wilkinson to
approve the recommendation. Yeas: Council. members Bloom, Gray, Reeves,
Suinn, and Wilkinson. Nays: None.
Easement for Spring Creek'Bridge
at Shields accepted
This easement is required in connection with the bridge being constructed
on Shields Street over Spring Creel:. The project is being funded under
the Urban Systems Program.
375
-*-- Councilman Wilkinson made a -motion seconded by Councilwoman Reeves to
accept the easement. Yeas: Council members Bloom, Gray, Reeves, Suinn,
and Wilkinson. +Nays:- None.
Resolution adopted approving agreement between
the City and Poudre R-1 School District relating
to the Bennett Road improvements and dedication
9 ' City Clerk Verna Lewis read the resolution at 'length.
Councilman Suinn made a motion seconded by Councilman Wilkinson to adopt
the resolution. Yeas: Council members Bloom, Gray, Reeves, Suinn, and
Wilkinson. Nays: None.
RESOLUTION 75-37
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING AN AGREEMENT TO BE ENTERED INTO
WITH POUDRE SCHOOL DISTRICT NO. R-1
WHEREAS, Poudre School District No. R-1 desires to improve
and dedicate a road to be known as Bennett Road adjacent to
Bennett School; and
WHEREAS, an agreement has been negotiated with the School
District pursuant to which the City will pay all costs of the
improvements to be made in excess of Sixteen Thousand Dollars
($16,000.00); and
WHEREAS, under the proposed agreement the School District
will convey a strip of land adjoining said road on the north
to the City in order to control access to the road so as to
provide a means whereby the City can recover its costs invested
before permitting additional access on said road; and
WHEREAS, the proposed agreement has been approved by the
City Manager and the City Attorney, and the City Council now
desires to approve the same.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF FORT COLLINS that the terms and conditions of said agreement
be, and the same hereby are, accepted and approved; and
BE IT FURTHER RESOLVED that the City Manager and. the City
Clerk be, and they hereby are, authorized and directed to
execute said agreement for and on behalf of the City of.Fort
Collins.
1
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376
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Passed and adopted at
held this 17th day of June,
ATTiTES�T :
/
City Clerk
—
a regular meeting of the City Council
A.D. 1975.
U.,
Application for LEAA funds for Youth
Diversion and Resource Project approved
W
W Mayor Pro Tem Gray stated that at a joint meeting with the School Board
it had been discussed at length. It seemed fair to say that both the
Council and the School Board seemed to approve most of the grant. The
one area that seemed to pose questions was the Police Resource Officer in
the school.
City Manager
Brunton reported he had subsequently met with Superintendent
of Schools,
Don Webber. The following is the staff report on this item.
What follows
is a series of responses prepared for the City Council
of Fort
Collins in response to questions raised concerning the Youth
Diversion
and Resource Development Grant.
1.
Location of S.R.O.: The S.R.O. will be housed, as is specified
within the grant application at the Police Department although
it is felt that this may weaken the program, it is hoped that
as the officer establishes the program he may be more accepted
in the schools.
2.
Primary S.R.O. Responsibility: The primary responsibility
of the S.R.O. will be to act as a resource -liaison person to
students and school district personnel. Routine police
investigative and enforcement functions will be minimized.
3.
Program Evaluation: Quarterly reports to be submitted to
joint sessions of City Council and school board.
4.
S.R.O. Pilot Areas: Several schools will be selected to wort:
with the S.R.O.
5.
The S.R.O. Program and the crisis resource team functions
are separable in theory. However, since only one LEAA grant
application can be approved for this region for work with
juveniles, combination became a matter of pragmatic necessity.
These responses
represent a consensus between:
1.
Mr. Brunton
2.
Mr. Smith
3.
Mr. McGraw
4.
Mr. Webber
5.
Mr. Holton
377
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Councilman Wilkinson stated it is "fiscally an irresponsible program in ;
the fact that (the Council is taking this money out of human resources;
it comes down to a $46,000.00 total; $26,000.00 the second year,'$6,000.00
this year. I feel that human resources is going to need that money -- I
think we have proven that in hassling and fighting and trying to stay
within the $80,000.00 budget, and I think it's fiscal irresponsibility to
approve this."
Councilman Suinn inquired into the evaluation reports and the selection of
schools under item number 4 above. Further what would happen if the City
would fund for the first year and decided to pull out in the second year.
Councilwoman Reeves stated she felt most of the questions had been answered
in the joint meeting but was concerned that the City not in the future
hold that much of the human resources money that could go to agencies.
Councilman Bloom asked if the officer went into several schools how this
would affect the evaluation process.
Mayor Pro Tem Gray stated that at the joint meeting a suggestion had been
made that: public forums be held, also the concern for the record keeping
procedure, a concern that records kept not be used against juveniles.
Mr.. David IIolton addressed the process of evaluation and record keeping which
are designed to improve those areas of confidentiality and the court's '
capability of ordering expungement of juvenile records. Addressing the
funding question, Mr. Holton stated future funding is not binding. City
Attorney March elaborated that the only effect it could have legally
might be petting grants in the future.
Police Chief Smith stated the school. would be involved in the selection
process under item number 4.
Administrative Assistant John McGraw and City Manager Brunton addressed
the budget (General Fund) where this would come from.
Councilman Suinn expressed a concern about the writing of the grant proposal,
adding he felt very uncomfortable with the Council even implying by the
nature of the grant write—up that the City is agreeing to cost sharing for
a three year time span.
City Manager Brunton stated if the Council really believed that they were
committing the City for three years, Council should "vote no."
Councilman Suinn made a motion to accept the grant proposal for the first
year of the project ($8,833.00 part of the proposal). This motion died
for lack of a second. -
City Manager Brunton stated if this motion was approved lie would have to
ask the grant writers to strike any mention of the second and third year; '
he did not think it would be accepted.
Councilman Suinn stated it was possible to have the grant writer insert an
asterick saying that the second and third year projections require Council
action in the second and third year.
378
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.City Attorney March stated this is true; the certification that will be
sent to the Department of Justice is only that the City has appropriated
$8,833.00.
Mr. David Holton of the Youth Services Bureau read the following into the
record:
May 19,----------------
_____
D:vis;nn of Crirr-ine.l Justice
t ?5 Siwrn-)an, P.m. 328
D�-nvcr, CO. P.()203
Dear S!.r:
SUBJECT: Certification of /%ppropriation of Cash
Match
Please be advisee; tha_-the,-Eort' Call -ins rLty-Council_
, has appropriatOd -sew fords
in the amounts of 5IJQ_00 _ to match LEAA
funds fo- the Youth Divershon and Res�uzce Project
project, numhr ,r
Execution of cl-As docurnent reoresents a cnrtif icatlon
that said funds have been earmarked within the appro-
priation or hudget process, which by state or local
governn-,a nt law cr practice, binds the state or local
unit to use such funds for LEAA purposes, or permits
such uses and the funds are actually provided for such
purposes.
Sincerely,
Sicnature
Robert L. Brunton
City Manager, Fort Collins
Title
1 Councilwoman Reeves made a motion seconded by Councilwoman Gray to accept
the LE.4A Grant application for funds. Yeas: Council members Bloom, Gray,
and Reeves. Nays: Council members Suinn and Wilkinson.
379
380
FOR THE RECORD: The following is the listing
of cash needs.
GRANT LOCAL CASH NEEDS
Police
Human Resources
Total
September
to December 1975 $ 552.06
$1,656.19
$2,208.25'
January to
August 1976 1,656.19
4,968.56
6,624.75
Total 1st
Twelve Months 2,208.25
6,624.75
81833.00
September
to December 1976 2,208.05
6,624.15
8,832.20
January to
August 1977 6,624.15
19,872.45
26,496.60
Total 2nd
Twelve Months 8,832.20
26,496.60
35,328.80
September
to December 1977 3,864.09
11,592.26
15,456.35
January to
August 1978 '11,592.26
34,77.6.79.
46,369.05
Total 3rd
Twelve Months 15,456.35
46,369.05
61,825.40
Citizen Participation
1.
Ms. Lorraine Pollock inquired why Day Care Centers have been eliminated
'
from the R-I. zone. Associate Planner. Paul
Deibel stated Ms. Pollock
had inquired of the Planning Office what
regulations applied in
establishing a Day Care Center. She was
advised that under the current
Zoning Ordinance, Day Care Centers were not
allowed in the R-L zone.
He further suggested that this request be
placed on the Planning and
Zoning agenda for review.
It was the consensus of the Council to pursue this method of investiga-
tion.
2. Rod Huey, Fort Collins Jaycees, expressed the Jaycees' gratitude to
the Council for the success of the carnival held recently by that
organization. Mr. Huey also offered the assistance of the Jaycees
to the Council in any project they might wish to assign to them.
Replat of Indian Hills South Subdivision,
First Filing and Chippewa Court P.U.D.
approved
Associate Planner Paul Deibel identified the area in question.
The replat of Indian Hills South, First Filing (Mission Hills, First Filing)
is a 31-acre tract located north of Columbia Road between Stover Street and '
Lemay Avenue. The overall number of lots in this area is being increased
from 92 to 115. The developer complied with all of the requested changes
by the Planning Staff, and .the replat was approved by the Planning and
Zoning Board by a 3-2 vote.
Chippewa Court P.U.D. (a repeat of Indian Hills South, First Filing) consists
of 6.7 acres of R-L, Low Density Residential Zoning located south of
Dartmouth•Trail, east of Stover and west of Lemay. It is contiguous to
the aforementioned Subdivision. In this P.U.D. the number of units is
being increased from 11 to 13. The Planning and Zoning Board voted
3-2 to recommend approval of this plat.
In both areas, the developer provided the requested pedestrian -bicycle
pathway easements.
Councilman Wilkinson. inquired if there was a homeowners' association which
would be responsible for the green area. It was stated that there was.
00
Councilman Suinn expressed concern for the Planning and Zoning split vote
,.� on this item and the concern of the residents.
W Councilwoman Reeves also expressed concern for the split vote 3-2 of the
Planning and Zoning Board for approval.
Mr. Gary Haxton, representing Everitt Enterprises, stated the primary
reason why the original design had been changed was economics.
Planning Director Lester Kaplan summarized the concerns expressed by
adjacent property owners: (1) that there was going to be additional
development in the abutting land area which would add to the congestion
and density of the overall area, (2) the Planning and Zoning Board did
' not choose arbitration between the area residents and the developers.
Dr. Russell Boehlke, 1924 Navajo Drive, stated he felt most of the issues
had been resolved to their mutual satisfaction.
Councilman Wilkinson made a motion seconded by Councilman Bloom to approve
the Indian Hills South Subdivision replat and Chippewa Court P.U.D.
Yeas: Council members Bloom, Gray, Reeves, Suinn, and Wilkinson. Nays:
None.
Resolution adopted making appointments to various
Boards and Commissions
City Clerk Verna Lewis read the resolution at length.
Councilwoman Reeves made a motion seconded by Councilman Suinn to adopt
the resolution. Yeas: Council members Bloom, Gray, Reeves, and Suinn.
Nays: None. (Councilman Wilkinson out of room.)
RESOLUTION 75-38
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING APPOINTMENTS TO VARIOUS BOARDS AND
COMMISSIONS OF THE CITY OF FORT COLLINS
' WHEREAS, vacancies currently exist and shortly will exist
on various boards and commissions of the City of Fort Collins
381
4jNZ
because of resignations of members of such boards or the expira -
tion of -terms of members of such boards which have occurred or '
will occur on July 1, 1975; and
WHEREAS, the City Council desires to make appointments to
w ' fill the vacancies which exist or will exist on the various
boards and commissions.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF FORT COLLINS that the following named persons be, and they.
hereby are, appointed as members of the boards and commissions
hereinafter indicated, with terms to expire as hereinafter
indicated.
NAME OF BOARD: Airport Board
Name Expiration of Term
Paul C. Huszar July 1, 1979
Evan L. Stoll July 1, 1979
NAME OF BOARD: Building Board of Appeals
Name Expiration of Term
William Brenner July 1, 1979
Charles R. Onstad July 1, 1979
NAME OF BOARD: Building and Contractors Licensing Board
Name_' Expiration of Term
Carl R. Nelson July 1, 1979
NAME OF BOARD: Coordinating Commission for. Senior Citizens
Name
Ginny Aragon
Lois E. Patton
Charles N. Shepardson
Expiration of Term
July 1, 1978
July 1, 1979
July 1, 1979 '
382
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1
NAME OF BOARD: Cultural Resources Board
Name
Ross J. Loomis
James A. Cox, Jr.
Gary E. Hixon
John H. Curfman
Charles W. Hagemeister
Ray Dixon
Martha Scott Trimble
Expiration of Term
July 1, 1976
July 1, 1977
July 1, 1977
July 1, 1978
July 1, 1978
July 1, 1979
July 1, 1979
NAME OF BOARD: Designing Tomorrow Today Steering Committee
Name
Karl E. Carson
Preston Davis
Robert D. Haberstroh
Lilla Morgan
Melvin Johnson
Nicolas Leonard
Darlene Oliver
Mary Ontiveros
Charles A. Patchen
Buford Plemmons
William J. Tietz
NAME OF BOARD:
Expiration of Term
July 1, 1976
July 1, 1976
July 1, 1976
July 1, 1976
July 1, 1976
July 1, 1976
July 1, 1976
July 1, 1976
July 1, 1976
July 1, 1976
July 1, 1976
Downtown Redevelopment Commission
Name Expiration of Term
(City Council Appointed Members)
Rudy F. Juvan
Judith Lovaas
Robert 0. Martin
Stephen Olt
Jerome W. Soukup
(Planning & Zoning Board Appointed Member)
G. C. Mabry
(Downtown Merchants Association Appointed Members)
Harold J. Grovert
Kenneth D. Borrett, Jr.
(Fort Collins Area Chamber of Commerce Appointed Member)
Quinton Dean Whiteman
(CORAD Appointed Member)
Myron M. Braden
(Landmark Preservation Commission Appointed Member)
Gary E. Hixon
383
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0
,NA2�E OF BOARD: Golf Board '
R
Name Expiration of Term
Vernon H. Schuster July 1, 1979
NAME OF BOARD: Housing Authority
Name Expiration of Term
R. Lyle Vigil July 1, 1977
Nancy McComb July 1, 1980
NAME OF BOARD: Human Relations Commission
Name Expiration of Tenn
Margaret Batson July 1, 1977
Arthur J. W. Jackson July 1, 1978
Ben Napheys, III July 1, 1978
Gloria A. Newman July 1, 1978
NAME OF BOARD: Library Board '
Name Expiration of Term
Frank Johnson, Jr. July 1, 1979
Anne Manvel July 1, 1979
NAME OF BOARD: Liquor Licensing Authority
Name Expiration of Term
Carlos Seegmiller July 1, 1979
NAME OF BOARD: Parks and Recreation Board
Name Expiration of Term
Abel C. Amaya July 1, 1978
Donald D. Peters July 1, 1.978
- David G. Philips July 1, 1978
NAME OF BOARD: Personnel Board
Name Expiration of Term '
Jack R. Herbertson July 1, 1979
Lucinda E. Thomas July 1, 1979
384
3�i:)i
NA14E OF BOARD: Planning and Zoning Board
Name Expiration of Term
Robert H. Burnham July 1, 1979
L. Duane Woodard July 1, 1979
NAME OF BOARD: Retirement Committee
Name
Expiration of Term
►fJ
Philip A.
Shade
July 1, 1978
OG
Warren Dalke
July 1, 1979
Gc:
W
NAME OF BOARD:
Water Board
Name
Expiration of Term
Henry P.
Caulfield
July 1, 1979
Ronald E.
Fulkrod
July 1, 1979
NAIL OF BOARD:
Zoning Board
of Appeals
Name
Expiration of Term
Allen S.
Wonch
July 1, 1978
Howard Lowell
July 1, 1979
Larry M.
Stevison
July 1, 1979
NAME OF BOARD: Election Board
Name
Elizabeth B. Case
Expiration of Term
July 1, 1977
Passed and adopted at a regular meeting of the City
Council held this 17th day of June, A.D. 1975.
ATTEST:'.
City Clerk
385
18b
Other Business
1. Councilwoman Reeves made a motion seconded by Councilman Wilkinson
to call a special meeting of the City Council for 1:00 p.m, on June 24,
1975 for the purpose of making a decision on the airport master plan.
Yeas: Council members Bloom, Gray, Reeves, Suinn, and Wilkinson.
Nays: None.
2. City Attorney March reported that the Union Story Trust and Savings
Bank, an Iowa Corporation, has brought suit against Mountain Air Inc.
of Northern Colorado, the airport operator, and the City of•Loveland
and City of Fort Collins, involving a loan which Goodrich Aviation,
the predecessor. to Mountain Air, took out in order to acquire one
of the buildings at the airport. Attorney William Dressel of Fort
Collins, who represents Mountain Air, will represent them in this
a case. At this time, the City Attorney does not feel that the City
has any interests which are in jeopardy. The reason the City has
been named in the suit is that the City has an ownership interest in
the hangar by virtue of a lease which gives the City a right to buy
the building at the expiration of the lease. There is another law
.suit pending, to be heard in January, which should resolve this matter.
This will not come up for a decision prior to that time.
Attorney Dressel has asked that Council appoint him as special counsel
to enter an appearance for the City of Fort Collins. It is assumed
that the City of Loveland will do the same. City Attorney March will
keep track of the law suit to make sure the City's interests are
not jeopardized.
Councilman Bloom made a motion seconded by Councilman Wilkinson to
appoint Attorney William Dressel as special counsel for the purpose
of making an appearance in this law suit on behalf of the City and
instructing the City Attorney to monitor the suit. Yeas: Council members
Bloom, Gray, Reeves, Suinn, and Wilkinson. Nays: None.
3. City Manager Robert L. Brunton introduced the new Director of the Water
and Sewer Utility, Roger Krempel. Mayor Pro Tem Gray welcomed Mr.
Krempel to the City.
Continuation of report from Parks and
Recreation Department
Continuing the Parks and Recreation Department's report from the pre -budget
work session of June 10, 1975, the following gave presentations:
(1) H. R. Phillips, Director of Parks and Recreation Department
(2) Carl Jorgenson, City Arborist
(3) Rick Bott, Cemetery Superintendent
Report from Kruchten and Magnuson on
1974 financial report and audit
Mr. Alvin Kruchten stated that about two months ago the audit report for
1974 had been presented to the Council. At that time he had stated he
would come back to answer questions.
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386
Subsequent to Council receiving the management letter, Mayor Russell
appointed'a Finance Committee. Mr. Kruchten advised Council he had met
with the Finance Committee to discuss the management letter. Mr. Kruchten
reviewed the following points in the management letter.
"(1) The policies for investment of surplus cash should be
reviewed. This review of procedures should focus particular at
on (a) determining the amount of excess funds available for investment
and (b) the interfund accounting for these pooled investments."
Under item (1)a above Mr. Kruchten stated: "We think that, of course,
Lo attention should be paid to how much surplus cash there is, but that
the people who make investments are bound by state law and by the Charter
e—i and do not have the latitude that the Cresap people thought they should
have. To some extent you (Council) can't change that either; the voters
could change the Charter and only the legislature could change the law
regarding investments."
Mr. Kruchten further stated: "I would like to suggest that stress should
be placed on the second part of our comment, the interfund accounting
for these pooled investments."
The second part of the management letter follows:
"(2) Our letter of July 31, 1974, duscussed the use of a Surplus
and Deficiency Fund as provided for by the Charter, Article V,
Section 20.6(b), for the purpose of accounting for excess cash, or
liabilities, remaining at the culmination of transactions of special
improvement districts. Several Districts appear to have ceased
active operation and a decision must be reached on proper disposition
of their remaining funds."
Councilman Bloom stated: "Some of the things I would like to see would
be things like a by district (report) with a location and description,
also the date that it was approved, the current stage of completion and
anticipated date of completion. Also perhaps consider when this fund
builds up to from $50,000 to $100,000 that anything beyond that point
get transferred to the general fund."
City Attorney March stated that the Charter could be read that you can not
transfer out of the surplus and deficiency account any amount that would
reduce it below the total. outstanding indebtedness you have on a special
assessment bond.
The next item addressed by Mr. Kruchten was surety bonds:
"(3) Our letter of July 31, 1974, recommended a review of the
surety bonds in force to determine compliance with the objective of
bonding and the adequacy of their coverage. This has riot yet been
' accomplished."
City Attorney March stated these requirements were set by ordinance in
some instances going back to the 1800's. These should be reviewed.
Councilman Bloom stated this was an area that he would like to recommend
that the Administration meet with the bonding agents and report back.
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4 City Attorney March advised there are two separate areas: the fidelity '
bonds and'the surety bonds. The fidelity bond question could be answered
fairly soon; the surety bond question would require three or four months
to review.
No questions were raised on item number 4 below:
e, "(4) Timely and accurate financial statements prepared on a
regular interim basis are a necessity. Although none were prepared
during 1974, steps have been taken towards remedying this situation
during the past months and the capability to generate these documents
is becoming a reality. Budgeting, cash flow management and the safe-
guarding of assets each would directly benefit from regular prepara-
tion of interim financial statements."
No questions were raised on item number S below:
"(5) A method of costing inventory which reflects meaningful
charges to the departments requisitioning inventory items and which
is also in conformity with currently accepted financial reporting
requirements needs to be given high priority consideration."
Mr. Kruchten recommended early programming on the computer on this item
to reflect correct- costs.
"(6) Certain of the special assessment funds have incurred '
costs without the issuance of bonds to fund these activities.
Practical guidelines need to be established whir,.h set forth policy
as to the timing of the issuance of these bonds."
"(7) Accounts receivable associated with Roselawn Cemetery
are past due and the. contracts are in default. Policies need to be
established which would enable the City to restore the contracted
lots in default to inventory."
"(8) Utility deposits held by the City should be reviewed for
propriety and policies should be formulated as to the proper dis-
position of deposits held against former customers."
On these last three points above, Director of Finance Charlie Cain and
City Manager Brunton reviewed and answered questions on these and other
items.
Councilman Bloom recommended on the entire report that the internal
auditor report to the City Manager rather than to the Finance Director.
Reports on the fidelity bonds, surety bonds, and Roselawn cemetery policy
will be made to the Council, as well as on the utility deposit question.
Report from Finance Department I
deferred to a later meeting
Finance Director Charlie Cain introduced the members of the Finance
Department who would participate in the pre -budget presentation at a
later date.
388
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Adjournment
Councilman Suinn made a motion seconded by Councilman Wilkinson to,
adjourn the meeting. Yeas: Council members Bloom, Gray, Reeves,.Suinn,
and Wilkinson. Nays: None.
ATTEST: ;
.�ifw.ta �1.�PiGt.[M
City Clerk
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