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HomeMy WebLinkAboutMINUTES-10/21/1965-Regular432 October 21. 1 MINUTES OF A REGULAR MEETING OF THE COUNCIL OF THE CITY OF FORT COLLINS, Held Thursday, October 21, 1965, at 1:30 o'clock P.M. Present: Councilmen Johnson, Carson, McMillan, Bennett and Councilwoman Quinn. City Manager Coffey, City Attorney March and City Engineer Fischer. Motion was made by Councilwoman Quinn, seconded by Councilman Carson, that the reading of the minutes of the last regular meeting held October 14, 1965, be dispensed with. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Benneti and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The following ordinance was presented on second reading: ORDINANCE NO. 49, 1965 BEING "THE ANNUAL APPROPRIATION ORDINANCE" RELATING TO THE ANNUAL APPROPRIATIONS FOR THE FISCAL: YEAR BEGINNING JANUARY 1, 1966, AND ENDING DECEMBER 31, 1966, AND FIXING THE MILL LEVY FOR SAID FISCAL YEAR. Motion was made by Councilwoman Quinn, seconded by Councilman McMillan, that Ordi - nance No. 49, 1965, be adopted and become a law upon passage. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Councilwoman Quinn None. The President declared the motion adopted. The following bids were presented and read at length: October 20, 1965 To: Mr. Tom Coffey, City Manager From: R. S. Baker, Purchasing Agent Subject: Report of bid for three (3) Police Cruisers The following four bids were received at 1:30 P.M. October 19, 1965, for three Police Cruisers: , Ghent Motor Company (Ford) Poudre Valley Motors (Chevrolet) Markley Motors (Dodge) Markley Motors(Plymouth) Total Price with 4,581.20 three trade-ins Total Price with 4,694.00 three trade-ins Total Price with 4,839.03 three trade-ins Total Price with 4,9414.00 three trade-ins Cars to be traded are 1964 Ford, our Equipment No. 12; 1964 Plymouth, our Equip- ment No. 13; 1964 Plymouth, our Equipment No. 14. The low Ford bid, as an o[ition, offered us a 390 cubic inch 275 H.P. engine for an additional $24.66 each. This unit also includes a heavier duty automatic transmission. The Ford bid meets all of our specifications. engine. I would like to recommend the acceptance of the low Ford bid with the larger /sl R. S. Baker Purchasing Agent After discussion, motion was made by Councilman Bennett, seconded by Councilwoman Quinn, that the recommendation of the Purchasing Agent of acceptance of the Ghent Motor bid with the 390 cubic inch, 275 H.P. engine, at $$24.66 each, be accepted. Roll was called - resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Councilwomar Quinn. Nayes: None. The President declared the.motion adopted. The following communication was presented and read at length: October 21, 1965 The Honorable Mayor and City Council City of Fort Collins Fort Collins, Colorado Dear Sirs and Mrs. Quinn: The Human Relations Commission met for their annual meeting Tuesday, October 19. A summary report of the activities of this commission will be made available soon. The terms of office of five members have expired and t he commission recommends the following persons be appointed to serve three-year terms: Coto 433 1. Don J. Enright 2. S. R. Schneider 3. Thomas R. Wilson 4. Mrs. Karl E. Carson 5. John -David Sullivan Also, the commission recommends that Mr. William Lopez be appointed to serve out the one -,year unexpired term of Father Pascual who has moved from Fort Collins. We request that members for the commission be approved by October 28. Respectfully submitted, K. E. Carson Secretary Human Relations Commission Motion was made by Councilman McMillan, seconded by Councilwoman Quinn, that the recommendation of the Human Relations Commission be accepted and the matter be referred to the City Attorney for the necessary resolution. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The following resolution was presented and read at length: RESOLUTION OF THE COTTNCIL OF TH-' CITY OF FORT COLLINS APPROVING THE APPLICATION BY THE CITY OF FORT COTLINS FOR THE TTTMPORARY TTSE OF 75 ACRE FEET OF WATER OF THE NORTHERN COLORADO WATER CON- SERVANCY DISTRICT. WHEREAS, the City of Fort Collins has acquired 75 acre feet units of water of the Northern Colorado Water Conservancy District, and WHEREAS, the Board of Directors of the Northern Corrado Water Conservancy Dis- trict require that the Ci`y of Fort Collins enter into temporary use permit agreements with said District for the transfer of said water, and WHEREAS, the Northern Colorado water Conservancy District has submitted approp- riate forms of temporary use permit agreements to be entered into by the City of Fort Collins. I•?OW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the Mayor and City Clerk be and they hereby are authorized and directed to apply for the temporary use of said 75 acre feet of water by entering into temporary use permit agreement: with the Northern Colorado Water Conservancy District. Passed and adopted at a regular meeting of the City Council held this 21st day of October, A. D. 1965. s/ Harvev G. Johnson ATTEST /s/ Miles F. House City Clerk Motion was made by Councilman McMillan, seconded by Councilman Carson, that this resolution be adopted. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Councilwoman Quinn. Nayes: None. The President declared t motion adopted. The Northern Colorado Water Conservancy District advised the City Attorney that they felt that the number of acre feet units of Northern Colorado Water Conservancy Distric water now under temporary use permits, be transfered to a municipal contract. This amounts to 1024 acre feet units. Motion was made by Councilman Carson, seconded by Councilman McMillan, that the City Attorney be directed to request a transfer of 1024 acre feet units a of CBT water from temporary use permits to/municipal contract. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan,. Bennett and Councilwoman Quinn. Rayes: None. The President declared the motion adopted. The following communication was presented and read at length: LEAGUE OF WOMEN VOTERS OF FORT COLLINS October 14, 1965 Dear Members of the Fort Collins City Council, 434 One of the most important reasons for the existence of the League of Women Voters is to promote informed citizen participation in government. To help accomplish this, one of the tools the League uses is the Observer Program in which League representatives attend sessi-)ns of governmental bodies and advisory groups in order to observe the proceedings and to report to the League membership. The League believes that this technioue enables its membership to better understam the problems and processes of civic government, and is therefore in a better position to stimulate the public interest and participation in the total aspect of good government. Thi Observer program is carried on in local League all over the United States. Here in Fort Collins, the present Observers to the City Council are Mrs. James Fitzgibbons, Mrs. Bert Brinker, Mrs. Robert Thompson and Mrs. Les Daniels. The League appreciates the courtesy you have extended. Thank you very much. Very sincerely, Isl Mrs. George Wilsnack, President Fort Collins LWV The Mayor thanked the Observers present for their continued cooperation for presenting the problems and pressures of the City Government before their members. The City Manager advised the Council that an appointment should be made to fill the vacancy created on the Planning and Zoning Board by the resignation of Virgil Magerfleis h. He reported that two names had been made for this vacancy. Mr. James W. Young, Assistant Professor at CSU and Mr. Don Stewart, Vice President and Manager of Columbia Savings Association. After some discussion, motion was made by Councilwoman Quinn, seconds by Councilman Johnson, that Mr. Don Stewart be appointed to the vacancy on the Planning and Zoning Board and the matter be referred to the City Attorney to prepare the necessary res9lution. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The City Manager reported that he had attended a meeting of the Water Board in which the Engineerls reported on the progress being made on the developing plans on the new filter plant. From this meeting the Engineers reported that due to a change in plans on construction of the filter plant, it appears that the cost would be considerable lower than at first estimated, somewhere in the neighborhood of 20% saving. The City Manager renorted that he and the City Engineer, Adam Fischer, had arrive, at an agreement with Mr. Ed Johnson on the survey on the land for Eudora Park. The new survey shows there will be 45.591 acres and recommended that the City Attorney be instruct- ed to deliver a copy of the final survey to Mr. Ed Johnson and requested the delivery of a warranty deed and the placing of the water certificates for eight shares of the Capital Stock of the Arthur Irrigation Company in escrow with the First National Bank , as designat ed to be the escrow agent under the supplementary agreement of June 3, 1965. Motion was made by Councilman Carson, seconded by Councilwoman Quinn, that the above recommendation of the City Manager be approved. Roll was called resulting as follows: Ayes: Councilmen Carson, McMillan, Bennett and Councilwoman Quinn. Mayor Johnson abstained from voting. The President declared the motion adopted. The following report was presented and read at length: October 5, 1965 To: Mr. Tom Coffey, City Manager From: C. Adam Fischer, Public Works Director Subject: Interpretation and recommendation regarding Section 67, City Water Ordinance, Furnishing Water Rights. At a meeting of the Ci'y Council some weeks ago a question was raised regarding the Interpretation of Section 67 of the City Water Ordinance. The Section reads in part, "Section 67. Furnishing Water Rights. Effective January 1, 1966 all premises requesting original water service from the Ulty of Fort Collins, including but not limited to proper- ties included in all proposed annexations, shall furnish to the City- of Fort Collins, with- out cost to the City, water rights acceptable to the City in the amount of 2 acre-feet per acre to be served or, if water rights are not available, the equivalent of $100.00 in payment for each acre-foot so required provided,"... 435 The question that arose was whether the section intended that water rights be furnished at the time of annexation, on the total area annexed ...at the time of subdivisio . or on the basis of the individual lots .as they develop and request water service. It was the opinion of the City Attorney that strict legal interpretation of the Section would have to be the latter. For at least two reasons, however, it was generally felt that such an approach would prove cumbersome. First, 2 acre-feet per acre calculated on the basis of an average size lot of 9000 sq. ft. results in a requirement of slightly over 0.4 acre-feet Undert he. ordinance the applicant could, in lieu of this pay $40.00. It is extremely doubtful with this choice that the applicant would ever go to. the trouble of acquiring and providing the small amount of water when he could simply pay the $40.00. If this were the case and the City collected the additional money rather than he water then the basic intent of the section would at least in pa rt, be lost. Second, it seems somewhat improper to place this additional burden directly on the individual property owner rather than the developer of the ground. It is understood that development costs are passed on to the home bwlder, but it was felt that as a development cost it should bot be made a part of the cost of the water permit. Likewise the approach of requiring water rights on the total area involved in a new annexation did not seem feasible. This would, in some instances, place an unreasonable burden on properties coming into the City. This obviously left the second alternative ... requiring the water rights to be furnished at the time of subdividing on the basis of the total area being developed. While the City Attorney felt this approach was proper, he questioned to some degree the right of the city to tie such a requirement to t he subdivision ofdingnac. If it is elt that this is the proper procedure the follow, the requirement could be tied to the annexation (which Is permitted under state statutes) withthe provision that it be implemented at the, time Of subdivision. It was the feeling of Mr. Banner that the retirement of furnishing water rights did not overlap the plant investment fee provision. The plant investment fee is intended t Provide a fund sufficient to assure a continued adequate plant facility... i.e., treatment Plant, reservoirs, mains, etc. The water rights provision is intended simply to provide, as the term implies, a continued adequate water supply. There, as council will recall, a number of other revisions to the Water Ordinance under consideration. No disposition is being made of those pending a decision regarding this matter. It is the recommendation of the Engineering department that the Section of the ordinance pertaining to water rights be retained but be revised by the City Attorney in such a way that it follows the subdivision procedure as closely as is legally possible. Th recommendation with the other recommended changes should be referred to the water boa?rpd for their consideration and recommendation at the earliest possible date. Respectfully submitted, /a/ C. Adam Fischer Public Works Director Motion was made by Councilman McMillan, seconded by Councilman Carson, that the recommendation of the Public Works Director be accepted and referred to the City Attorney foa an amended ordinance. Roll was called resulting as follows: Ayes: Councilmen Johnson Carson, McMillan, Bennett and Councilwoman Quinnn. Noyes: None. The President declared the motion adopted. The following recommendation of the Director of Public Works for a revision of Section 54 of the Water Ordinance, being Ordinance No, 18, 1965; was presented: Section 54 Flat rates ..Prorate If water rates are changed or water users institute or terminate service other than on esta lished billing dates, the water bill shall not be prorated. Provided, however, that the initial water service shall be prorated to t he nearest ten (10) day period. The flat rate charge for a quarter shall be the minimum charge for any use during the quarter." Motion was made by Councilwoman Quinn, seconded by Councilman Bennett, that this recommendation be accepted and referred to the City Attorney to prepare the necessary amended ordinance. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Councilwoman Quinn. Noyes: None. The President declared t �sotion adopted. Motion was made by Councilwoman Quinn, seconded by Councilman Johnson, that the Council adjourn. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, XoMillan, Bennett and Councilwoman Quinn. Noyes adopted and the Council adjourned. None. The President declared the motion Mayor �\ ATTEST: