HomeMy WebLinkAboutMINUTES-02/06/1969-Regular250
February 6_,_1969
MINUTES OF A REGULAR MEETING OF THE COUNCIL OF THE CITY OF FORT COLLINS, Held II
Thursday, February 6, 1969, at 1:30 o'clock P.M.
Present: Councilmen Carson, Kissock, Kruchten and Bennett. City Manager
Coffey, City Attorney March and Director of Public Works Liquin. Absent: Councilman
Troxell, excused.
Motion was made by Councilman Bennett, seconded by Councilman Kruchten, that
the reading of the minutes of the last regular meeting held January 23, 1969, be dispensed
with. Roll was called resulting as follows: Ayes: Councilmen Carson, Kissock,
Kruchten and Bennett. Nayes: None. The President declared the motion adopted. Absen
Councilman Troxell, excused.
The following ordinance was presented on second reading:
\b0 ORDINANCE NO. 1, 1969
BEING AN ORDINANCE AMENDING CHAPTER 19 OF THE CODE OF ORDINANCES OF THE CITY OF FORT
COLLINS, COLORADO, 1958, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE AND CLASSIFY-
ING FOR ZONING PURPOSES THE PROPERTY INCLUDED IN THE SMITH ANNEXATION TO THE CITY OF
FORT COLLINS, COLORADO
Motion was made by Councilman Bennett, seconded by Councilman Kruchten, that
ordinance No. 1, 1969, be adopted and become a law upon passage. Roll was called
resulting as follows: Ayes: Councilmen Carson, Kissock, Kruchten and Bennett.
Councilman Troxell, excused. Nayes: None. The President declared the motion
adopted.
The following ordinance was presented on second reading:
`LM`, ORDINANCE NO. 3, 1969
BEING AN ORDINANCE ANNEXING CERTAIN TIERRITORY TO THE CITY OF FORT COLLINS, COLORADO
Motion was made by Councilman Kissock, seconded by Councilman Kruchten, that
Absen
Ordinance No. 3, 1969, be adopted and become a law upon passage. Roll was called result-
ing as follows: Ayes: Councilmen Carson, Kissock, Kruchten and Bennett. Absent
Councilman Troxell, excused. Nayes: None. The President declared the motion adopted
The following ordinance was presented on second reading:
q:L\ ORDINANCE NO. 4, 1969
BEING AN ORDINANCE AMENDING ORDININANCE NO. 47, 1968, AND CHANGING THE NAME OF THE ANNEX
ATION ACCOMPLISHED BY SAID ORDINANCE
Motion was made by Councilman Bennett, seconded by -Councilman Kissock, that
Ordinance No. 4, 1969, be adopted and become a law upon passage. Roll was called result-
ing as follows: Ayes: Councilmen Carson, Kissock, Kruchten and Bennett. Absent:
Councilman Troxell, excused. Nayes: None. The President declared the motion adopted
The following oxlinance was presented on second reading:
\b� ORDINANCE NO. 5, 1969
BEING AN ORDINANCE AMENDING ORDINANCE NO. 46, 1969, AND CORRECTING A DESCRIPTION CONTAINED
IN SAID ORDINANCE.
Motion was made by Councilman Kruchten, seconded by Councilman Bennett, that
Ordinance
No.
5, 1969,
be adopted and become a law
upon passage.
Roll
was called
(resulting
as
follows:
Ayes: Councilmen Carson,
Kissock, Kruchten
and
Bennett. Absent:
Cruncilman Troxell, excused. Nayes: None. The President declared the motion
adopted.
The following ordinance was presented on first reading:
\&_ ORDINANCE NO. 6, 1969
BEING AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF FORT COLLINS BY CHANGING
THE ZONING CLASSIFICATION FOR CERTAIN PROPERTY
-251
Fe.br_ua.ry 6_,_1969
Motion was made by Councilman Bennett, seconded by Councilman Kruchten, that
Ordinance No. 6, 1969, be considered favorably on first reading and ordered published this
6th day of February, A. D. 1969, and to be presented for final passage on the 27th day.of
February, A. D.
1969. Roll was called
resulting
as follows:
Ayes:
Councilmen
Carson, Kissock,
Kruchten and Bennett.
Absent:
Councilman
Troxell,
excused. Naye:
None. The President declared the motion adopted.
The following ordinance was presented on first reading:
Jp0 ORDINANCE NO. 7, 1969
BEING AN ORDINANCE AMENDING CHAPTER 19 OF THE CODE OF ORDINANCES OF THE CITY OF FORT
COLLINS, COLORADO, 1958, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE AND CLASSIFY-
ING FOR ZONING PURPOSED THE PROPERTY INCLUDED IN THE EDORA ACRES ANNEXATION TO THE CITY OF
FORT COLLINS, COLORADO
Motion was made by Councilman Kruchten, seconded by Councilman Bennett, that
Ordinance No. 7, 1969, be considered favorably on first reading, and ordered published thi!
6th day of February, A. D. 1969, and to be presented for final passage on the 27th day of
February, A. D. 1969. Roll was called resulting as follows: Ayes: Councilmen
Carson, Kissock, Kruchten and Bennett. Absent: Councilman Troxell, excused. Nayes:
None. The President declared the motion adopted.
The following report was presented and read at length:
January 27, 1969
\OIL
TO: Fort Collins City Council
FROM: Planning and Zoning Board
SUBJECT: Consider rezoning petition of Harry Wolf involving 1/2 acre from R-M, Medium
Density Residential to B-L, Limited Business Zone.
The Board considered this item at a special meeting held January 23, 1969, and
recommends approval of the request with the exception of the north 69 feet of Lot 189 whi
would remain R-M zone. It was the concensus of the Board that B-L would result in land
usage which would be compatible with the neighborhood.
Owner: Harry Wolf
Location: Lots 189-190-191 of University Acres Sixth Subdivision. SE4 of SE-4 of Section
13, west side of Lemay Avenue north cC Prospect Road.
Respectfully submitted,
/s/ Robert 0. Engelke
Acting Secretary
Motion was made by Councilman Bennett, seconded by Councilman Kruchten, that
the recommendation of the Planning and Zoning Board be approved and the matter referred to
the City
Attorney for the necessary
papers.
Roll was called
resulting
as follows:
Ayes:
Councilmen Carson, Kissock,
Kruchten
and Bennett.
Absent:
Councilman Troxell,
excused. Nayes: None. The President declared the motion adopted.
The following report was presented and read at length:
February 6, 1969
TO: Fort Collins City Council
FROM: Planning and Zoning Board
SUBJECT: Consider plat of Fairview West Seventh Filing involving 8 acres with R-L, Low
Density Residential Zoning - 22 lots.
The board considered this item at the February 4, 1969 meeting and recommends
approval subject tothe following:
1. Approval of the utility plans by the City Engineer and signing the usual
agreement covering cost of same.
2. Approval of the storm drainage plans by the City Engineer.
3. Correcting the statement regarding easements froro ne of reservation to one
of "dedication".
Owners: Bartran Homes, Inc.
Location: SW4 of Section 15, South of West Elizabeth and East of Castlerock Drive.
Respectfully submitted,
/'s/Robert 0. Engelke
Acting Secretary
252
February 969
Motion was made by Councilman Kruchten, seconded by Councilman Bennett, that II
the recommendation of the Planning and Zoning Board be approved the the plat be accepted.
Roll
was called
resulting
as follows:
Ayes:
Councilmen Carson,
Kissock, Kruchten
and
Bennett.
Absent:
Councilman
Troxell,
excused. Nayes:
None. The President
declared the motion adopted.
The following report was presented and read at length:
February 6, 1969
TO: Fort Collins City Council
FROM: Planning and Zoning Board
SUBJECT: Consider Unit Devekpment Plan if Indian Meadows West involving approximately 3
acres with R-M Medium Density Residential Zoning.
The board considered this item at the February 4, 1969 meeting and recommends
approval subject to the following:
1. Approval.of the utility plans by the City Engineer and signing the usual
agreements exering cost of same.
2. Approval of the storm drainage.plans by the CityEngineer.
Owners: O.K. Sherwood, R. H. Stouffer, C.G. Rhodes, Jr., and Charles R. Rhoades.
Location: NW-4 of NW'4 of Section 24 south of Stuart `Street and west of Marhews Street
extended.
Respectfully submitted,
/s/ Robert 0. Engelke
Acting Secretary
Motion was made by Councilman Kruchten, seconded by Councilman Bennett, that the
recommendations of the Planning and Zoning Board be accepted. Roll was called resulting
as follows: Ayes: Councilmen Carson, Kissock, Kruchten and Bennett. Absent: Council-
man Troxell,
excused.
Nayes:
None. The President
declared the motion adopted.
The
following
report was
presented and read at
length:
February 6, 1969
t�
Fort Collins City Council
FROM: Planning and Zoning Board
SUBJECT: Consider amending the Zoning Ordinance to permit commercially operated private
schools, and fraterdty and sorority houses in the B-G, General Business Zone.
The board considered this item at the February 4, 1969 meeting and recommends
that fraternity and sorority houses and public andprivate vocational and technical schools
be permitted uses in the B-G, General Business Zone. It was the feeling of the board
that these uses would compliment those presently in the B-G zone.
Respectfully submitted,
/s/ Robert 0. Engelke
Acting Secretary
Motion was made by Councilman Kruchten, seconded by Councilman Kissock, that the
recommendation of the Planning and Zoning Board be approved and the matter be referred to
the City Attorney to prepare the necessary ordinance. Roll was called resulting as
follows; Ayes: Councilmen Carson, Kissock, Kruchten and Bennett. Absent:
Councilman Troxell, excused. Nayes: None. The President declared the motion adopted
The following report was presented and read at length:
February 6, 1969
1) lV\
TO: Fort Collins City Council
FROM: Planning and Zoning Board
SUBJECT: Consider Subdivision Plat of Pnudre Valley Memorial Hospit,a 1 Addition involving
2 lots with R-H zoning
The Board considered this item at the February 4, 1969 meeting and recommends
approval subject to the following:
1. Approval of the utility plans by the City Engineer and signing the usual
agreement covering cost of same.
2. Approval of the storm drainage plans by the City Engineer.
Owners: Poudre Valley Hospital Dist.
Location: SW4 of Section 18, area of Pnudre Valley Hospital.
Respectfully subjitted,
/s/Robert 0. Engelke, Acting Secretary
253
February 6, 1969
Motion was made by Councilman Bennett, seconded by Councilman Kissock, that the II
recommendation of the Planning and Zoning Board be accepted and the plat be approved.
Rpll was called resulting as follows: Ayes: Councilmen Carson, Kissock, Kruchten
and Bennett. Absent: Councilman Troxell, excused. Nayes: None. The President
declared the motion adopted.
The following report was presented and read at length:
February 6,1969
\`SS
TO: Fort Collins City Council
FROM: Planning and Zoning Board
SUBJECT: Consider amending the Subdivision Ordinance to permit building permits to be issue
under certain conditions, involving only one lot without requiring a Subdivision
Plat.
The board considered this item at the February 4, 1969 meeting and recommends
the Subdivision Ordinance be amended as foDows:
Add to Paragraph C, Sub -Section 1.2
The provisions of this paragraph shall not apply in situations involving one lot
or tract where:
1. All the required improvements (Sec. 4) are in place.
2Z.All rights -of -way and easements as required in (Sec. 3) are provided.
3. All design standards as required in.Sec 3.are met.
It was the feeling of the board that this exception would avoid unnecessary platt
ing without impairing the intent or purpose of the Subdivision Ordinance.
Respectfully submitted,
/s/ Robert 0. Engelke
Acting Secretary
Motion was made by Councilman Kissock, seconded by Councilman Bennett, that the
recommendation of the Planning and Zoning Board be approved and the matter be referred to
the City Attorney to prepare the necessary ordinance. Roll was called resulting as follows
Ayes: Councilmen Carson, Kissock, Kruchten and Bennett. Absent: Councilman
Troxell, excused. Nayes; None. The President declared the motion adopted.
The proposed amendments issued by the Secretary of the Personnel Board, was again
presented. Motion was made by Councilman Kissock, seconded by Councilman Kruchten, that
this matter be tabled.
Roll
was,called
resulting
as follows:
Ayes:
Councilmen
Carson, Kissock, Kruchten
and
Bennett.
Absent:
Councilman
Troxell,
excused. Nayes:
None. The President declared the motion adopted.
The following report was presented and read at length:
121 February 6, 1969
TO: Tom Coffey, City Manager
THRU: Charles Liquin, Director of Public Works
FROM: Roy A. Bingman, City Engineer
RE: Filing on Water Rights at Edora Park
The City has constructed an underground drain line at Edora Park to develop a
water source to fill the reservoir, which is presently under construction. In order to
use this water for both recreation and irrigation purposes, it is necessary to file on
the water with the State Engineer in the name of the City- We have prepared the necessa
drawing and now need Council approval to proceed with the filing.
Respectfully submitted,
/s/ Roy A. Bingman
City Engineer
Motion was made by Councilman Kissock, seconded by Councilman Bennett, that the
City Engineer be directed to file with the Secretary of State for this seepage water into
Edora Park. Roll was called resulting as follows: Apses: Councilmen Carson, Kisso
Kruchten and Bennett. Absent: Councilman Troxell, excused. Nayes: None.
The President declared the motion adopted.
The following report was presented and read at length:
254
Fe.b r u a r_y=6 _,-19.69
February 5, 1969
TO: Tom Coffey, City Manager
THRU: Charles Liquin, Director of Public Works
FROM: Roy A. Bingman, City Engineer
Bids were received and opened on Tuesday, January 28, 1969, for the construction
of 1050 feet of 12-inch water main, including a fire hydrant, on Riverside Drive adjacent
to the ;Aqua-Tec Company.
The bids received are as follows:
1. Hall -Irwin Construction: $.8870.35
2. Devers Construction Company: 8951 75
3. Colorado -Wyoming Construction Cc: 9369.75
4. Weitzel and 'Sons Excavating: 9468.50
The cost was estimated at $9800.
The City will pay 40 per cent of the cost of installation of the 12-inch lin'e',.
(in accordance with the water ordinance), and the Aqua-Tec Company is to pay the remainder
including the cost of the fire hydrant. It is therefore recommended that the contract
be awarded to Hall -Irwin Construction Company., subject to agreement by Aqua-Tec Company
to pay their portion of the construction cost.
Respectfully submitted,
/s/ Roy A. Bingman
City Engineer
Motion was made by Councilman Kissock, seconded by Councilman Bennett, that this
be tabled. Roll was called resulting as follows: Ayes: Councilmen Carson, Kissock,
Kruchten and Bennett: Absent: Councilman Troxell, excused. Nayes: None. The
President declared the motion adopted.
The Bittinger report of January 15, 1969, was again presented for further con-
sideration and Mr. George Palos, Engineer for Bitti.nger and Associates, gave a very fine
report and explained the functions that would be required in approving the proposal, also
Norman Evans, representing the Water Board, together with members of the Council, approved
computizing water information. Motion was made by Councilman Kruchten, seconded by
Councilman Bennett, that this proposal be accepted and referred to the City Administration
staff for implementation. Roll was called resulting as follows: Ayes: Councilmen
Carson, Kissock, Kruchten and Bennett. Absent: Councilman Troxell, excused. Nayes:
None. The President declared the motion adopted..
The following letter was presented and read at length:
VU�V
Mr. Thomas Coffey
City Manager
City of Fort Collins
Fort Collins, Colorado
Dear Mr. Coffey:
FOOTHILLS APARTMENTS
January 27, 1969
Re: Unit Development Plan
Foothills Apartments - Phase II
I would like to discuss several matters concerning Foothills Apartments with the Council
on Thursday, January 29, 1969•
These matters include the following:
1. The number of water meters, size of water taps for water service and charges
for water service.
2. The fees charged for Parks and Recreation.
3. Instal1-ation of street lights and charges of same.
Would please place my request forbearing on Thursday's agenda.
Thank you.
Yours very truly,
/a/ Gene E. Fischer
Partner
After discussion, motion was made by Councilman Bennett, seconded by Councilman
Kruchten, that Item I of the letter be referred to the Director of Public Works and City
(Manager for immediate consultation with Mr. Fischer and his engineers and perhaps a
,255
February 6_,_19.69
workable agreement could be accomplished. Roll was called resulting as follows: Ayes:
Councilmen Carson, Kissock, Kruchten and Bennett. Absent: Councilman Troxell, excused.
Nayes: None. The President declared the motion adopted.
The following ordinance was presented on first reading:
ORDDANCE NO 8, 1969
BEING AN ORDINANCE AMENDING CHAPTER 7 OF THE CODE OF ORDINANCES OF THE CITY OF FORT COLLINS
COLORADO, 1958, AS AMENDED, RELATING TO ELECTION PRECINCTS.
Motion was made by Councilman Kruchten, seconded by Councilman Bennett, that
Ordinance No. 8, 1969, be considered favorably on first reading and ordered published
this 6th day of February, A. D. 1969, and to be presented for final passage on the 27th day
of February, A. D. 1969. Roll was called resultng as follows: Q Ayes: Councilmen
Carson, Kissock, Kruchten and Bennett. Absent: Councilman Troxell, excused. Nayes:
None. The President declared the motion adopted.
The following ordinance was presented on first reading:
aal, ORDINANCE NO. 9, 1969
BEING AN ORDINANCE CALLING FOR AND PROVIDING FOR A GENERAL CITY ELECTION TO BE HELD IN THE
CITY OF FORT COLLINS COLORADO,"ON TUESDAY, THE 8TH DAY OF APRIL, A. D. 1969.
Motion was made by Councilman Kissock, seconded by Councilman Kruchten, that
Ordinance No. 9, 1969, be considered favorably on first reading and ordered published this
6th day of February, A. D. 1969, and to be presented for final passage on the 27th day of
February, A. D. 1969. Roll was called resulting as follows: Ayes: Councilman Carson
Kissock, Kruchten and Bennett. Absent: Councilman Troxell, excused. Nayes: None.
The President declared the motion adopted.
The following memo from the City Attorney was presented and read at length:
Febru2ry.3, 1969
MEMO TO CITY COUNCIL
FROM CITY ATTORNEYS OFFICE
Gentlemen:
The general city election will be held in April of 1969. At this election it will be
proper to submit for a vote of the people any proposed amendments to the Charter of the
City of Fort Collins. In this connection, the members of the Council have indicated
thatythey would like to consider the amendment of provisions of the Charter regarding
the following:
1. Article XIX, Section 1 of the Charter provides for the Planning and Zoning
Board to consist of five members with the City Manager and the Mayor to
serve as ex officio members. As ex officio members of this Board the City
Manager and the Mayor have had the right to vote on all matters before the
Board. It has been suggested that the provision making the City Manager
and the Mayor ex officio members of the Board be deleted and that the appointe
membership of the Board be increased to seven members. Attached hereto is
a proposed ordinance which would accomplish this.
2. Article II, Section 4 of the Charter provides that the Mayor and the Assistant
Mayor shall be elected from the Council for a term of two years. It has
been suggested that this term be reduced to a period of one year. An
appropriate ordinance to accomplish thisis attached hereto
3. Dawson, Nagel, Sherman_ and Howard, Bond Attorneys, in Denver, have reviewed
the Charter with relation to the provisions affecting bonds. They have made
many suggestions of changes which might be made. These may be summarized as follows:
.(a) Amend the Charter so as to reduce the period required for sale of bonds.
(b) Add provision making it clear that the 15 mill limitation does not apply
to levies for bond purposes.
(c) Amend the Charter to permit the issuance of a wider variety of revenue
bonds without an election.
(d) Amend the Charter so as to delete the provision prohibiting issuance
of refunding bonds less favorable to the City than the original issue
without an election.
(6) Amend the Charter regarding final maturity of bond issues so as to
eliminate any inconsistency between the Gtate constitution and the
Charter provision.
(f) Amend the Charter regarding additional security for special assessment
256
February 6_,_l969
(g) Amend the Charter so as to permit calling a bond election other than
at the..regular bi-annual election. 11
(h) Amend the Charter regarding the requirements for prior redemption of
bonds.
(i) Amend the Charter - amend the definition of elector.
Attached hereto is a copy of the letter fromsuch bond attorneys. In view
of the fact that both the liquor issue and the sales tax issue will be on the ballot at this
election, it is our recommendation that no attempt be made at this time to amend the
provisions of the Charter regarding the issuance of bonds. It is felt that although
these may not be entirely satisfactory, there is nothing which is so unworkable as to
absolutely necessitate a change.
Respectfully submitted,
/s/ Arthur E. March, Jr.
Assistant City Attorney
After discussion, the following ordinance was presented on first reading:
0 a� ORDINANCE NO. 10, 1969
BEING AN ORDINANCE SUBMITTING TO THE QUALIFIED ELECTORS OF THE CITY OF FORT COLLINS THE
QUESTION OF AMENDING SECTION 1 of ARTICLE XIX OF THE CHARTER OF THE CITY OF FORT COLLINS
Motion was made by Councilman Kruchten, seconded by Councilman Kissock, that
Ordinance No. 10, 1969, be considered favorably on first reading and ordered published
this
6th day of
February, A.
D. 1969, and to be
presented
for final
passage on
the 27th
day
of February,
A. D. 1969.
Roll was called
resulting
as follows:
Aves:
Councilmen
Carson, Kissock, Kruchten and Bennett. Absent: Councilman Troxell, excused. Nayes:
None. The President declared the motion adopted.
The following ordinance was presented on first reading:
ORDINANCE NO. 11, 1969
BEING AN ORDINANCE SUBMITTING TO THE QUALIFIED ELECTORS OF THE CITY OFFORAT COLLINS A
QUESTION OF AMENDING SECTION 4 OF ARTICLE 11 OF THE CHARTER OF THE CITY OF FORT COLLINS
Motion was made by Councilman Kruchten, seconded by Councilman Bennett, that
Ordinance No. 11, 1969, be considered favorably on first reading and ordered published
this 6th day of February, A. D. 1969, and to be presented for final passage on the 27th
day of February, A. D. 1969. Roll was called resulting as follows: Ayes: Council-
men Carson, Kissock, Kruchten and Bennett. Absent: Councilman Troxell, excused.
Nayes: None. The President declared the motion adopted.
The following ordinance was presented on first reading:
f-W_ ORDINANCE NO. 12, 1969
BEING AN ORDINANCE SUBMITTING TO THE QUALIFIED ELECTORS OF THE CITY OF FORT COLLINS THE
QUESTION OF AMENDING SECTION 3'OF ARTICLE 1X OF THE CHARTER OF THE CITY OF FORT COLLINS
Motion was made by Councilman Bennett, seconded by Councilmn Kruchten, that
Ordinance No. 12, 1969, be considered favorably on first reading and ordered published
this 6th day of February, A. D. 1969, and to be presented for final passage on the 27th
day of February, A. D. 1969. Roll was called resulting as follows: Ayes: Council-
men Carson, Kissock Kruchten and Bennett. Absent: Councilman Troxell, excused.
Nayes: None. The President declared the motion adopted.
The following letter was presented and read at length:
February 3, 1969
The Honorable Karl E. Carson
Mayor of Fort Collins
1103 South Shields
Fort Collins, Colorado
Dear Mayor Carson:
I have greatly appreciated the opportunity ofserving on the Senior Citizens
Commission, as a member and as chairman, for the past year. However, family obligations
make it necessary for me to submit my resignation as a member of the commission.
257
February 6, 1969
I trust the Council will continue to give support to the Commission in its
expanding role. 11
Sincerely yours,
/s/ Joanne B. Knight, Chairman
Senior Cityzens Commission
823 W. Prospect
Motion was made by Councilman Bennett, seconded by Councilman Kruchten, that
this letter be accepted and the City Clerk inform both Mrs. Knight and the Chairman of
the Board. Roll was called resulting as follows: Ayes: Councilmen Carson, Kissock,
Kruchten and Bennett. Absent: Councilman Troxell, excused. Nayes: None. The
President declared the motion adopted.
The following resolution was presented and read at length:
RESOLUTION 69-?
OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING AN AGREEMENT TO BE ENTERED INTO WITH
THE CITY OF BOULDER, THE TOWN OF ESTES PARK, THE CITY OF GREELEY, THE CITY OF LONGMONT AND
THE CITY OF LOVELAND.
WHEREAS, heretofore the City of Fort Collins has joined with the City of Boulder;
the Town of Estes Park, the City of Greeley, the City of Longmont and the City of Loveland;
Colorado, for the purpose of developing and securing water rights and supplies of water
for the benefit of all of the cities participating, and
WHEREAS, heretofore the City of Fort Collins entered into an agreement with said
cities which agreement was never ratified and adopted by all of the cities concerned, and
WHEREAS, a revised agreement has been prepared providing for the joint develop-
ment of water and water supplies by the cities, which agreement has been approved by the
City Attorney and the City Manager, and
WHEREAS, in the opinion of the Council of the City of Fort Collins it is in the
best interests of the City of Fort Collins to enter into the proposed agreement and to
participate with the other cities in the development of water rights all as more parti-
cularly set forth in said agreement.
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 Mayor and 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 Council of the City of Fort Collins
Colorado, held this 6th day of February, A. D. 1969.
/s/ Karl E. Carson
Mayor
ATTEST:
/s/ John Bartel
City Clerk
Motion was made by Councilman Bennett, seconded by Councilman Kruchten, that this
resolution be adopted. Roll was called resulting as follows: Ayes: Councilmen'
Carson, Kissock, Kruchten and Bennett. Absent: Councilman Troxell, excused. Nayes:
None. The President declared the motion adopted.
After some discussion, the City Attorney presented the following letter:
January 30, 1969
r Re: Six City Water Committee
Gentlemen:
The City Attorneys of all of the Cities involved in the Six City Water Supply effort met
on January 30. 1969, in the offices of Earnest G. Hartwell in Loveland, Colorado. Said
attorneys reviewed the contract which has been proposed by Earnest G. Hartwell to be enterer
into betweai all of the cities and to replace the contract previously signed by some of the
cities. Various changes were made in the contract and it is the opinion of all of the
attorneys who were present at said meetag that the contract as revised should be entered
into by the cities.
It was also the opinion of the attorneys at the meeting that the Six City Water Committee
should be specifically charged with the obligation to furnish a report to the councils of
the cities involved making recommendations concerning certain matters which either are
of concern right now or will be of concern in the future. These matters upon which the
attorneys felt a recommendation should be made by the committee are as follows:
1. It must be determined as soon as possible what vehicle will beused by the
258
Fe.b.r_uar_y 6_,_19.6-9
cities to develop and hold any water rights to be acquired. Particularly, determination
should be made whether or not to form a subdistrict under the Northern Colorado Water
Conservancy District or to form a mutual water company or to do every thing in the name of
one city or one individual with contracts from the cities or to obtain nes enabling legis-
lation and form a new district. In addition, a time table should be developed setting
forth the appropriate time for formation of such entities as may be desirable.
2. Definite recommendations should be made by the committee regarding the shar-
ing of,costs in any project under contemplation and the sharingof any water to be develop e
3. The committee should investigate and made recommendations concerning the
feasibility and methods to be used for financing. Consideration of this point will
involve consideration of item one above. Also, it should be determined whether it is
advisable to issue bonds either revenue or based on taxing abilities and whether appli-
cation should be made to the Federal Government for assistance in any project.
4.
The possiblity
of other projects
to be considered.
5.
A specific time
table should be
recommended for the Windy Gap project.
6. The committee should consider means of communicating with the councils of
the various cities and the administrative heads of the cities and the attorneys for the
cities.
Respectfully submitted,
Since it was directly connected with the six city water study, motion was
made by Councilman Bennett, seconded by Councilman Kissock, that it be accepted. Roll
was called resulting as follows: Ayes: Councilmen Carson, Kissock, Kruchten and
Bennett. Absent: Councilman Troxell, excused. Nayes: None. TFe President
declared the motion adopted.
Motion was made by Councilman Bennett, seconded by Councilman Kruchten, that the
Council adjourn. Roll was called resulting as follows: Ayes: Councilmen Carson,
Kissock, Kruchten and Bennett. Absent: Councilman Troxell, excused. Nayes: None.
The President declared the motion adopted and the Counciy adjourned_
ATTEST
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