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HomeMy WebLinkAboutMINUTES-01/30/1979-SpecialJanuary 30, 1979 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council - Manager Form of Government Special Meeting - 1:00 P.M. Pursuant to the following call, a special meeting of the Council of the City of Fort Collins was held: CALL OF SPECIAL MEETING Members of the City Council: Pursuant to the request of the Mayor of the City of Fort Collins, a special meeting of the -City Council is hereby called for 1:00 P.M., Tuesday, January 30, 1979, in the Council Chambers of the City Hall, 300 LaPorte Avenue, -Fort Collins, Colorado, for the purpose of adopting a Resolution to author- ize special counsel to pursue the exclusion of the districts pursuant to the District Exclusion Act and any other matters that might properly come before the Council. Received a of January Very truly ours, Verna Lewis, (CMC) City Clerk of the within call of meeting this 23rd day 1979, and consent to same. I -235- January 30, 1979 Roll call was answered by the following Councilmembers: I Bloom, Gray, Suinn and Wilkinson. Absent: Councilmembers Bowling, Russell and St. Croix. (Secretary's Note: Councilman Russell arrived after the executive session had been convened.) Staff Members Present: Arnold, Lanspery, Bingman, Hays, Mills, Mabry, Krempel, Liley and Lewis. Executive Session Authorized Councilwoman Gray made a motion, seconded by Councilman Bloom, to adjourn into executive session for the purpose of discussing legal matters. Yeas: Councilmembers Bloom, Gray, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED. Resolution Adopted Setting Forth the Intent and Agreement of the City to Provide Water and Sanitary Sewer Utility , Services to all Areas within the City of Fort Collins Mayor Suinn called the meeting back to order and called upon City Manager Arnold to make comment on the above item. City Manager Arnold referenced the following letter from Attorney Alden V. Hill written on behalf of the Fort Collins - Loveland Water District and the South Fort Collins Sanitation District. A copy of this letter is made a part of these minutes: Dear Members of the City Council and Mr. Arnold: This letter is written on behalf of the Fort Collins — Loveland Water District and the South Fort Collins Sanitation District. -236- January 30, 1979 ' The Districts intend to serve property within the Districts which they are able to serve and at the present time we are concerned about the City's intentions with regard to providing service to property in the District located in the South one-half of Section 35, Township 7 North, Range 69 West and any other property within that Section which is now served by the District. This description is basically for that half of the Section of land which is bounded on the east by College Avenue, on the north by Horsetooth Road, on the west by South Shields Street, and on the south by Harmony Road_ 1 The District believes that the Colorado Leg;slature intended to prevent competition or overlapping services when it enacted Colorado Revised Statutes 1973 31-35-502 (1) (b), which provided that a municipality had the power "To operate and maintain water facilities or sewerage facilities or both for its own use and for the use of public and private consumers and users within and without the territorial boundaries of the municipality, but no.water service'or sewerage service or combination of them shall be'furnished in any other municipality unless the approval of such other municipality is obtained as to the territory in which the service is to be rendered;" The Eater District and the Sanitation District have not ' given approval for the City to serve in'the area that is r—entioned in this letter Would you please promptly respond and advise us as to the intentions of the City of Fort Collins with regard to service in the area that I have nentioned so the Districts can decide what action they wish to take.' -237- I January 30, 1979 City Clerk, Verna Lewis, then read the Resolution at length Councilman Wilkinson made motion, seconded by Councilman Bloom, to adopt the Resolution. Yeas: Counciimembers Bloom, Gray, Russell, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED. Warren .Lake Trunk Sewer Easement Across Normar Meadows, Inc. Approved Following is the City Manager's memorandum on this item: "Based on conversations with the owners of Normar Meadows, Inc., and an estimate of the value of the property for the easement, staff recommends that Council authorize payment of $10,000 for acquisition of this easement in connection with the Warren Lake Trunk Sewer." Right -of -Way Agent, Ron Mills and Tom Hays, Senior Water and Sewer Engineer, responded to Council questions regarding the cost and time involved in acquiring an appraisal adequate for condemnation proceedings and the increased construction cost if the project is delayed. Councilwoman Gray made a motion, seconded by Councilman Wil- kinson, to approve the Warren Lake Trunk Sewer Easement Across Normar Meadows, Inc. Yeas: Councilmembers Bloom, Gray, Rus- sell, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED. Adjournment Mayor Suinn declared the meeting adjourned. The meeting was adjourned at 2:45 p.m. ayo 1 ATTEST: City -233-