HomeMy WebLinkAboutMINUTES-08/05/1965-Regular353
August 5, 1965
MINUTES OF A REGULAR MEETING OF THE COUNCIL OF THE CITY OF FORT COLLINS, Held
August 5, 1965, at 1:30 o'clock P.M.
Present: Councilmen Johnson, Carson, McMillan, Bennett and Councilwoman Quinn.
Acting City Manager Case, 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 July 22, 1965, be dispensed with.
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 report was presented and read at length:
STATE OF COLORADO 1
SS FINDINGS
CITY OF FORT COLLINS)
The Personnel Board of the City of Fort Collins, Colorado, having requested a
joing conference with Arthur E. March, Jr., Attorney for the Department Head, Roy E. Hollad
Head of the Police Department, Bill Wyatt, Attorney for Sergeant Andrew R. Chismar, employe
of the Police Department,. and Stanley R. Case, Acting City Manager, and said meeting having
been held, the Board now being fully advised as to all the facts pertaining to Disciplinary
Orders dated June 25, 1965, and July 2, 1965, and the parties involved and heretofore named
having reached a mutual agrament and based on such agreement and advise DOTE MAKE THE FOL-
LOWING FINDINGS:
1. That there was limited insubordination on the pa rt of Detective Sergeant
Andrew R. Chismar;
2. That all other charges and allegations are dismissed by Chief Roy E. Hollady.
THEREFORE, it is recommended to Stanley R . Case, Acting City Manager, that DetBo-
tive Sergeant Andrew R. Chismar be suspended for 30 days commencing June 25, 1965; and,
that Detective Sergeant Andrew R. Chismar be reinstated o his former position as Detective
Sergeant in the Fort Collins City Police Department.
Done this 5th day of August, 1965, in the City of Fort Collins and State of Colo-
rado.
TEE PERSONNEL BOARD OF THE CITY OF
FORT COLLINS, COLORADO
Isl Courtlyn W. Hotchkiss
Frank Cackowski
W. J. Galyard
Acting City Manager Case reported that he had accepted the recommendations of the
Personnel Board and reinstated Andrew R. Chismar to his former position as Detective Ser-
geant in the Fort Collins Police Department.
This being the.date of the re -hearing on the application of Everett Truesdell to
transfer a 3.2% beer license of 400 North College to 630 North Shields Street. The City
Clerk advised the Council that the notice of said hearing had been published according to
their instructions and that Mr. Charles Scotty the spokesmanfor the Protestants and Mr.
James Johnson for Mr. Truesdell, had been notified b)n mail and a notice of public hearing
had been sent to them. For the purpose of this hearing the City has furnished a court record-
er to take the events as presented for a complete record. Mr. Scott Called Mr. Everett
Truesdell to the stand and questioned him extensively regarding his application for a beer
license at 630 North Shields Street and the petition that he had obtained in support of his
application. Mr. Harold Brubaker of 335 North Loomis, one of the petitioners, was called
to the stand regarding the need of a beer outlet in the neighborhood of Shields and Vine.
Mr. 0. 1, Warren of 222 North Grant Street, spoke for the Protestants and questioned Mr.
Truesdell and Mr. Brubaker to s ome extent. Reverend Paul Spencer of 1215 S. 24th Street,
Pastor of the Baptist Church,which is located within a City block of Vine and Shields, spoke
Protesting the issuance of said license, as did Albert Barker of 414 Shields and Nellie
Judson of Vine Drive. After considerable discussion by Mr. Johnson and others, Mr. Johnson
requested that he be allowed to make a summation to the 6ouncil for the records being taken.
a
After Mr. Johnson's summation of the events presented, the Mayor declared/recess and the
Council went into executive session. The Council reconvened and the Mayor notified Mr.
354
August 5. 1965
Johnson and Mr. Truesdell that the decision of the Council would be reserved for one week.
The following report was presented and read at length:
July 23, 1965
Stanley R. Case
Acting City Manager
Final Engineer's Report and
Re: Assessments in Street
Light Improvement District #1
As provided in Section 15-67 of the City Code of Ordinances, this office hereby
respectfully submit§ the final Engineers Report and Assessment Roll. for Street Light
Improvement District #1.
The district provided street lighting for two areas•. North College Avenue and
the Western Heights Subdivision. The Council directed the City Engineer to prepare maps,
plans, specifications, and other details of the district on March 26, 1964- On the basis
of the Engineer's Report submitted April 9, 1964, the Council, by resolution, authorized the
improvement on April 16, 1964.
City Council ordinance No. 18, dated June 25, 1964, created and organized the
Consolidated district, provided for the construction of the improvements therein, and auth-
orized the issuance of bonds to pay the costs of the construction.
The Engineerts original estimates of costs and the final tabulation of actual
costs are summarized as follows:
NORTH COLLEGE
A.) Engineer's estimate
1.) Total estimated cost (exclusive of costs of collection,
legal, advertising, engineering, financing, interest
and other incidentials) ............................... $ 27,500.00
2.) Portion of cost to be assessed against benefitting properties
(including the costs of collection, legal, advertising
financial, interest, engineering, and other
incidentials)........................................ $ 16 637.50
Note: The difference in the two amounts to be paid by Fort Collins Power and
Light Department.
3.) Assessable frontage ................................. 12,860 ft
4.) Assessment per foot ................................. $ 1.29
B.) ACTUAL COST
1.) Total (exclusive of costs of collection, legal
advertising, engineering, financing, interest,
and other incidentials) ............................ $ 26,964.78
2.)
Pottion of total cost absorbed by Fort Collins
Power and Light Department .........................
$
13,482•39
3.)
Portion of total cost to be assessed ...............
$
13,482•39
4.)
Plus 21% (costs of collection legal, advertising, engineering,
cing, interest, and other incidentials .............
finan-
2,831.30
5.)
Total assessable costs .............................
16,313.69
6.)
Total frontage .....................................
12,856.80 ft.
7.)
Less street rights -of -way ..........................
464.80 ft.
6.)
Assessable frontage ................................
12,391.89 ft.
9.)
Cost per front foot (13,482.39/12,391.89) ..........
Note: The limit of the ordinance cost per foot was set
at
$ 1.29
10.)
Total amount assessable (12,391.89 x $1.29) ...._.
$
15,985.54
11.)
Deficit ($16,313.69 - $15,985.54) ••••............
$
328.15
WESTERN HEIGHTS
A.) Engineer's extimate
1.) Total cost (exclusive of cost of collection, legal, advertising,
Engineering, financing, interest and other incidentials). $ 3,051.00
2.) Portion of cost to be assessed against benefitting properties
(including the cost of collection, legal, advertising
engineering, financing, interest, and other incidentials) $ 1,633.50
Note: The difference in the two amounts to be paid by Fort
Collins Power and Light Department.
3.)
Assessable
frontage
..............................
5,860 ft.
4- )
Assessment
per foot
.............................. '
0.28
B.) ACTUAL COSTS
1.) Total (exclusive of costs of collection, legal, adver-
tising, interest and other incidentials)......... $ 3,076.73
2.) Portion of cost absorbed by Fort Collins Power and
Light Department ................................. 1,726.73
3.) Portion of total cost to be assessed ............. 1,350.00
4.) Plus 21% (costs of collection, legal, advertising,
engineering, financing, interest, and other incidentials) $283.00
5.) Total assessable costs ........................... $ 1,633.50
6.) Total assessable frontage ........................ 5,860.0 ft.
7.) Cost per front foot($1,633.50/5,860).............. $ 0,278754
Note: The limit set on the original cost per front
foot of $0.28 exceeds the actual cost of $0.278754;
therefore, no deficit exists.
/s/ C. Adam Fischer
Public Works Director
July 23, 1965
Stanley R. Case
Actin City Manager
Re: Acceptance of Street Lights
Improvements District #1
Street Light Improvement District #1, which provided street lighting on North
College Avenue and in the Western Heights Subdivision, has been completed and it is the
recommendation of the Engineering Department that it be given acceptance by the City Coun-
cil as provided in Section 15-67 of the Code of Ordinance.
/s/ C. Adam Fischer
Public Works Director
Motion was made by Ca umcilman McMillan, seconded by Councilman Carson, that the
report be accepted and referred to the City Attorney to prepare the necessary resolution
and notice of hearing in preparation for the assessment ordinance. Roll was called result-
ing as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Councilwoman
Quinn. Nayes: None. The President declared the motion adopted,
The following communication was presented and read at length:
BARTRAN HOMES, INC.
Mr. Adam Fischer
City Engineer
City of Fort Collins
Colorado
Dear Mr. Fischer:
July 29, 1965
Fairview Developments, Inc., hereby makes application for a 4-inc1a water tap to serve the
apartment complex we are building on City Park Avenue between Elizabeth Street and the Lari-
mer County No. 2 Canal.
We also make application for an 8-inch sewer tap as shown on the approved utility plan
which has previously been submitted.
FAIRVIEW DEVELOPMENTS; INC.
/s/ William D. Bartran, President
The following report was presented and read at length:
Stanley R. Case
Acting City Manager
Re: 8 inch sewer tap to serve
apartment complex develonment
of Bartran Homes on West
Elizabeth.
Attached is a formal request of Bartran Homes, Inc., for an 8 inch sewertap to
serve an apartment complex, being planned by the company, on West Elizabeth. The sizing of
the tap has been checked against the demand which will be created by the development comtEm.
Plated, and is, in the opinion of the department, proper,
456
The City sewer ordinance provides that "All sewer service connections in ex-
cess of 6 inches shall be charged at a rate negotiated by the City Manager with approval by
the City Council".
Plant investment fees are listed in our present ordinance for 4" and 6" tap sizes.
$175.00 for the 4" and $350.00 for the 6". Projecting fees on the basis of area, there is
an increase of 225% from a 4" to a 6" . 177.78% increase in size from a 6" to an 8" With
a 100% increase in Plant Investment fee for an increase of 225% in tap size, a straight
line projection would result in a 79% increase in Plant Investment fee for a 177.78% increas
in tap size. This would amount to a charge of 0626.50 (1.79 x $350.00) for an 8 inch tap.
/s/ C. Adam Fischer
Director of Public Works
Motion was made by Councilwoman Quinn, seconded by Councilman Carson, that the
request for an 6 inch sewer tap be approved. 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 communication was presented and read att;length:
July 30, 1965
Mr. Stanley Case, City Manager
City of Fort Collins
Fort Collins, Colorado
Dear Mr. Case:
The Parks and Recreation Board studied the proposal from the Pro Management Company of whict
Frank Hooper is t he President.
As the city of Fort Collins does not have the necessary funds available now, it is our re-
commendation that this proposal be dropped.
Yours truly,
PARKS AND RECREATION BOARD
/s/ By: Robert M. Dunn, Chairman
The following communication was presented and read a: length:
August 3, 1965
To: The Honorable Mayor and City Council
From: Stanley R. Case, Acting City Manager
Subject: Pro Management Go]f Proposal
Reference is made to the proposal of Mr . Frank Hooper of Pro Management dompany
presented to Council on June 24, 1965, which was referred to the Parks and Recreation Board
for study.
In view of the action taken by this Board, there is attached herewith a draft of a
suggested letter to Mr. Hooper by Council.
Respectfully submitted,
/s/Stanley R. Case
Acting City Manager
July 30, 1965
Mr. Frank Hooper
Pro Management Company
Fort Collins, Colorado
Dear Mr. Hooper:
The City Council and the Park Advisory Committee of the City of Fort Collins have
completed an extensive study of the present need for an 18-hole municipal golf course and of
the proposal of your organization to fill that need. We would like to express our sincere
appreciation for the time and effort ,you and your associates have extended in planning and
designing a golf course and in studying the economic feasibility of such a course.
After considerable deliberation, it is the opinion of the City Council and the
Park Advisory Committee that the City is not in a position to enter into an immediate contra
on the proposal submitted by the Pro Management Company. We do believe that your proposal
has considerable merit and that it made us more cognizant of the need for additional golf
facilities in the City. In this regard, we would like to inform you and the citizens of For
Collins that we will continue our study of the possibilities for providing a new municipal
golf course. It is our hope that a golf course site can be obtained in he very near future
and that a new municipal course can be provided for our citizens in the not too distant
future.
1proposal.
Again, let us extend to you and your associates our sincere appreciation for your
It
Very truly yours,
Fort Collins City Council
/s/ Harvey G. Johnson
Mayor
357
August-5, 1965
Motion was made by Councilman Bennett, seconded by Councilman Carson, that the
of the Recreation Advisory Committee be accepted and the draft of the letter to Mr.
be approved. Roll was called resulting as follows: Ayes: Councilmen Johnson,
n, McMillan, Bennett and Councilwoman Quinn. Nayes: None. The President declared the
on adopted.
The following report was presented and read at length:
August 3, 1965
The Honorable Mayor and City Council
>m: Stanley Case, Acting City Manager
:ject: Budgetary Effect of the City Assuming Reg:ponsibility for the Recreation Program
At the City Council meeting of July 22, 1965, the Council instructed the under-
igned to study and report on the cost of the City assuming complete financial responsibilit
er the Fort Collins recreation program. Mr. H. R. Phillips, the Recreation Director, has
een contacted and he has submitted a tentative budget for 1966 to this office. .Following
s a summary of this budget:
Administration 21966.00
Leadership and Supervision 26:158.00
Supclies and Equipment 7,861.00
Maintenance 750.00
Rent and Custodial Fees 1,265.00
Total
$ 58,000.00
The entire budget does not represent additional cost to the City because some
itional revenue will accrue to the City and because the City is already sharing in the
t of financing the recreation program. The net additional cost to the City will be
,000.00, summarized as follows:
1966 Proposed Budget $58,000.00
Less: 1965 City Appropriatiion for Recreation
10,000.00
Fees and Concession 15,000.00
Revenue 25,000.00
Net Additional Cost to City 33,000.00
Although final estimates of 1966 General Fund Revenues and Expenses are not yet
Vailable, it appears at this time that the Recreation Program can be financed through the
sneral Fund. It is requested that the City Manager be given approval to include Recreation
nthe 1966 Municipal Budget.
Respectfully submitted,
/s/ Stanley R. Case
Acting City Manager
Councilman McMillan spoke in reference to the operation of the Recreation Program
the City and stated that he felt that the City should accept the responsibility of the
ire program in order that it could be better coordinatbdy inasmuch as City funds have
n involved to some extent. Councilwoman Quinn stated that she was in full accord of the
y assumiiag;_the recreation program. Motion was made by Councilman Bennett, seconded by
ncilwoman Quinn, that the City Manager be authorized to include t he recreation program
the 1966 budget. Roll was called resulting as follows:: Ayes: Councilmen Johnson,
soh, McMillan, Bennett and Council woman Quinn. Nayes: None. The President declared t
on adopted.
The following report was presented and read at length:
August 4, 1965
The Fort Collins City Council
6me The Planning and tts Annexatiion and Request for C Residential Zoning.
ject: No. 48-65, The Jatts
discussed by the Board on August 3, 1965. Following
This petition was heard and
s adoption of a motion to not grant C Residential Zoning, the petition was withdrawfi by
tinsel for Mrs. 4atts. Respectfully submitted,
FORT COLLINS PLANNING AND ZONING BO
Is/ Gene Allen
Secretary
)08
August 5, 1965
After discussion, motion was made by Councilman McMillan, seconded by Councilwoma
Quinn, that the report of the Planning and Zoning Board be accepted. Roll was called result
ing as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Councilwoman
Quinn. Nayes: None. The President declared the motion adopted.
The final plat of the Tenth Fairview Subdivision was presented for Council
approval. The following report was presented aid read at length:
August 4, 1965
To: The Fort Collins City Council
From: The Planning and Zoning Board
Subject: No. 59-65, The Tenth Fairview Subdivision, Final Plat, Containing Three Lots
At the regular meeting, held August 3, 1965, this plat was considered by the Boa
with approval recommended subject to the usual items, as follows:
a.� Filing of acceptable utility and street plans with the City Engineer.
b.) Signing of an agreement for responsibility in paying for utility and street
improvements.
Respectfully submitted,
FORT COLLINS PLANNING AND ZONING BOARD
/s/ Gene Allen
Secretary
Motion was made by Councilman Carson, seconded by Councilwoman Quinn, that this
report be accepted and the plat approved. 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 report was presented and read at length:
August 4, 1965
To: The Fort Collins City Council
rrom: The Plannning and Zoning Board
Subject: No. 49-65, The Huffman-Day-Gyger Application to Rezone from S Residential to C
Residential
This application was considered by the Board at the regular meeting of August 3•
It is recommended the rezoning be approved. The prop6sal is in accord with the
Guide for Growth and proposed new zoning standards.
No petition or comments have been presented against the request.
Respectfully submitted,
FORT COLLINS PLANNING AND ZONING
BOARD
/s/ Gene Allen
Secretary
Motion was made by Councilman Carson, seconded by Councilman Bennett, that the
report of the Planning and Zoning Board be accepted and the matter referred to the City
Attorney to prepare the necessary resolution and notice of hearing. Roll was called result-
ing as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Councilwoman
Quinn. Nayes: None. The President declared the motion adopted.
The following report was presented and read at length:
August 5, 1965
To: The Fort Collins City Council
From: The Planning and Zoning Board
Subject: No. 38-65, The Locust Grove Subdivision, Final Plat, containing 41 Lots.
The proposed plat was considered on August 3, 1965, and approved by the Board
subject to filing and approval of plans for utility construction and street improvement.
An agreement covering payment for these improvements should be signed by the developer b
signatures of City Officials are affixed to the original plat.
Respectfully Submitted,
FORT COLLINS PLANNING AND ZONING BO
/s/ Gene Allen
Secretary
35�9
rcinance
The final plat of the Locust Grove Subdivision was approved July 22, 1965.
The following communication was presented and read at length:
August 5, 1965
To: The Fort Collins City Council
From: The Planning and Zoning Board
Subject: Proposed New Zoning Ordinance, with Map
At the regular meeting of August 3, 1965, the Board discussed the proposed Zoning
Ordinan ce, Fourth Draft. This is the copy presented to City Council on July 22, 1965.
The importance of adopting the new Ordinance and Map at an early date was reiterat-
ed and a motion passed, by unanimous vote, to present the final recommendation for adoption
by the City Council.
Respectfully submitted,
FORT COLLINS PLANNING AND ZONING BOARD
/s/ Gene Allen
Secretary
After some discussion, motion was made by Councilman McMillan, seconded by Coun-
cilman Carson, that the report be adopted and referred to the City Attorney for acceptance
of preparation of resolution and notice of public hearing on a zoning ordinance. 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 report was presented and read at length:
August 3, 1965
TO: City Manager and. Members of the Council
FROM: Water Board
SUBJECT: Water stock offered by Gene Fischer and Jack Rauch at the June 29, 1965, meeting
of the Water Board
The recommendation was to purchase the twenty-one (21) shares of Mountain and Plains stock.
The price was 0100.00 per share. Due to other interested parties the price has not gone
to $125.00 per share. It is again the recommendation to purchase this stock and that t he
City Attorney be authorized to proceed with the necessary agreement to purchase this and twc
and two-thirds (2 2/3) shares of Pleasant Valley stock offered by Fischer and Rauch.
/s/ John Bartel
Secretary of t he Water Board
After discussion, motion was made by Councilman Carson, seconded by Councilwoman
Quinn, that this report be accepted and the City Attorney proceed to prepare the necessary
agreement cf purchase. 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 communication was presented and read @t length:
Stanley R. Case
Acting City Manager
August 3, 1965
Re: Change Orders on Bond Issue Sewage
Collection Lines.
It is the departmentls recommendation that the following change orders be incor
grated into the approved plans for the City s Bond Issue Sewage Collection System. p
1. Re-routing of sewage feeder main (Line "A") from Station 51 * 57 according to
attached plan.
This change relocates the sewer main from the property of Mrs. J. M. Hart and
improves the crossing of the C. and S. R.R. There would be no change in the unit costs
received from Turnpike and additional quantities would be very small.
2. Replace the 12" by 101' culvert on Line 110 with a 24" x 10f cul�rert.
The railroad required that this enlargement of casing be made. The additional
co,at per foot will be $3.35 or a total additional cost fo$33.50.
3. Delete item 18, Line "A".
This item Provided for the removal of a septic tank on the property of Mrs. J. M.
Hart. Witt, the thane indicated in 1. above, this item can be deleted.
4, Re-route line "F" in accordance with attached plan.
The original design of the Buckingham Sewer outfall would have required the diagot
al cutting of the farm of Mr. James P. Hoffman. This change relocates the line along the
o60
August
West boundary of the farm, and results in an additional cost of about $740.00.
5. Increase the free flow under the long span of Line "E" across Spring Creek.
The C. and S. R.R. has required that this additional area be provided under the
suspended crossing of Spring Creek. There would be no increase in the unit prices ... the
excavation yardage would be approximately tripled.
Fact of the above change -orders have been considered and recommended by the City's
engineering consultant, J. T. Banner and Associates, Each has been submitted to the con-
tractor, Turnpike Construction Company, and is acceptable to him, according to the condition
noted:
C. Adam Fischer,
Public Works Director.
Mr. J. T. Banner, Consulting Engineer, was present and explained further the
change ordinance as presented in the forgoing report. Motion was made by Councilman
McMillam, seconded by Councilwoman Quinn, that this report, in relation to the change ordi-
nance in the sewer collection contract, be accepted. Roll was called resul ing as follows:
Oyes: Councilmen Johnson, Carson, McMillan, Bennett and Councilwoman Quinn. Nayes: None.
The President declared the motion adopted.
City Manager Walter Kane of Loveland appeared before the Council in reference to
a proposed land filled dump agreement which had previously been presented to the City of
Loveland to participate in the land filled dump,being operated by the City and owned by the
County and the City. This matter was tabled by the City of Loveland at the time it was pre-
sented and they are interested in reviving the matter and stated that the Loveland City
Council would like to have an agreement by which they could use the land filled dump on a
trial basis for one year for which the City of Loveland would pay $2,000.00 for dumping
their own trash collection. Other trash haulers and the citizens of Loveland would pay the
regular price required. After discussion, motion was made by Councilman Carson, seconded
by Councilman McMillan, that this matter be referred to the City Attorney of Fort Collins
and Mr. Conrad Ball, City Attorney of Loveland, for the preparation of an agreement between
the Citty of Loveland and the City of Fort Collins and the Larimer County Commissioners, to
allow the City of Loveland the use of the land filled dump on a trial basis for one year
at the overall cost to the City of Eoveland of $2,000.00. Roll was called resulting as
follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Councilwoman Quinn. Naye
None. The President declared the motion adopted.
This being the date set for consideration of the Engineer's report on the electric
rates which was compiled by Mr. C. H. Hoper and Associate& which recommends a new rate
structure for the sale of electricity by the Light and Power Department. Councilwoman Quin
and Councilman Carson objected to the section in reference to deletion of the meter deposit
required of users who are not the property owners. Thet felt that this would put an undue
responsibility on property owners who had rental property. Acting City Manager Case spoke
in reference to this matter and stated that it might be necessary for the City to pay inter
est on the deposit as required in private Light and Power utilities, which would necessitat
increased record keeping. After discussion on this matter, motion was made by Councilman
Carson, seconded by Councilwoman Quinn, that the section in reference to the discontinuatio
of meter deposits be stricken from the report. After there was discussion by individual
members of the Council on this report, the Mayor stated that there were a number of section
that he was not in accord with and felt that the Council should know of his opinions in thi
matter. Dr. Kelly,'a citizen, spoke protesting the adoption of the report. Robert 0.
Newton, Vice President of the Chamber of Commerce, advised the Council that the Chamber of
Commerce Industrial Committee and the Board of Directors of the Chamber of Commerce, had
endorsed the report in its entirety. After further discussion, motion was made by Council-
man Carson, seconded by Councilman McMillan, that the Council adopt the report of C. H.
2
Hoper and Associates establishing the rates as recommended and refer same to the City
Attorney and City Manager to prepare the necessary rate ordinance. Roll was called result-
ing as follows: Ayes: Councilmen Carson, McMillan and Bennett. Nayes: Councilman
(Johnson and Councilwoman Quinn. The President declared the motion adopted.
Mr. J. T. Banner, Consulting Engineer for the Water and Sewer Project', made a
progress report as of July 31, 1965, stating that quite a bit of the material had been re-
ceived and various sections of the water and sewer project had been staked in preparation
establishing at various stations in the program.
The following resolution was presented and read at length:
RESOLUTION
OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING THE TERMS OF AN AGREEMENT TO BE ENTERED
INTO WITH CACHE INVESTMENT CO.
WHEREAS, CAche Investment Co, is presently responsible for the paving of the West
One-half (2) of Stover Street from the North line of Lot 19, Block 12, to the South line of
Lot 15, Block 4, South College Heights 7th Subdivision, and
WHEREAS, said builder, due to conditions beyond its control, is unable at this tis
to complete the above described work, and
WHEREAS, said builder will soon complete all other required work within said sub-
division and will no longer maintain offices within the City, and
WHEREAS, said builder has the sum of Eight Thousand Three Hundred Ninety-five and
.87/100 Dollars ($8,395.87) in escrow for the performance of said work, and
WHEREAS, said builder has proposed that the City of Fort Collins accept said sum
and, deposit sald:monies in an interest -bearing account with the principal and interest to
be used by said City to maintain an all-weatherroad and eventually pave the area required to
be maintained and paved by the builder in accordance with its prior commitments, releasing
said builder from its commitments and with the City agreeing to perform said work at no
expense or assessment to the abutting westerly property owners, and
WHEREAS, the City Engineer and acting City Manager have recommended to the City
Council that said proposal be accepted, and
WHEREAS, said builder has submitted an agreement to be entered into between said
Cache Investment Co, and the City of Fort Collins, the terms of which have been approved by
the City Attorney, and
WHEREAS, it is the opinion of the City Council that it will be for the best
interests of the City of Fort Collins to accept said payment in accordance with the terms of
said proposed agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that
the terms of said proposed agreement between the Cache Investment Co, and the City of Fort
Collins be and the same hereby are approved;
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 City Council held this 5th day of
August, A. D. 1965.
/s/ Harvey G. Johnson
Mayor
FATTEST:
/a/ Miles F. House
City Clerk
Motion was made by Councilman McMillan, seconded by Councilwoman Quinn, that this
resolution be adopted. Roll was called resulting as follows. Ayes: Councilmen Johnson,
jCarson;; McMillen, Bennett and Councilwoman Quinn. Nayes: None. The President declared
(the motion adopted.
The following resolutions were presented and read at length:
RESOLUTION
OF THE COUNCTL OF THE CITY OF FORT COLLINS APPROVING THE APPLICATION BY THE CITY OF FORT
C,OLTINS FOR THE TEMPORARY USE OF 8 ACRE FEET OF WATER OF THE NORTHERN COLORADO WATER CON-
SERVANCY DISTRICT
WHEREAS, the City of Fort Collins has acquired 8 acre feet units of water of the
Northern Colorado Wate- Conservancy District, and
7M
August 5. 1965
WHEREAS, the Board of Directors of the Northern Colorado Water Conservancy Dis-
trict require that the City 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 appropriat
Corms of temporary use permit agreements to be entered into by the City of Fort Collins.
NOW, 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 t
oorary use of said 8 acre feet of water by entering into temporary use permit agreements
,zith the Northern Colorado Water Conservancy District.
Passed and adopted at a regular meeting of the City Council held this 5th day of
iugust, A. D. 1965.
ATTEST
/s/ Miles -O. House
City:Clerk
RESOLUTION
/s/ Harvey G. Johnson
Mayor
OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING THE APPLICATION BY THE CITY OF FORT
COLLINS FOR THE TEMPORARY USE OF 45 ACRE FEET OF WATER OF THE NORTHERN COLORADO WATER CON-
SERVANCY DISTRICT
WHEREAS, the City of Fort Collins has acquired 45 acre feet units of water of tile
Northern Colorado Water Conservancy District, and
WHEREAS, the Board of Directors of the Northern Colorado dater Conservancy Dis-
trict require that the 6ity of Fort Collins enter into temporary use permit agreements with
said District for the transfer of said water, and
WHEREAS, t he Northern Colorado Water Conservancy Disteict has submitted appropriate
forks of temporary use permit agreements to be entered into by the City of Fort Collins.
NOW, THEREFORE', BE IT RESOLVED BY THE. COUNCIL OF THE CITY OFIDOT COLLINS that the
Mayor and City Clerk be and they hereby are authorized and directed to apply for the tempor-
ary use of said 45 acre feet of water by entering into temporary use permit agreements with
the Northern Oolorado Water Conservancy District.
Passed and adopted at a regular meeting of the City Council held this 5th day of
August, A. D. 1965.
s/ Harvey G
ayor
ATTEST:
/s/ Miles F. House
City Clerk
RESOLUTION
OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING THE APPLICATION BY THE CITY OF FORT COL
LINS FOR THE TEMPORARY USE OF 100 ACRE FEET OF WATER OF THE NORTHERN COLORADO WATER CONSER-
VANCY DISTRICT
WHEREAS, the City of Fort Collins has acquired 100 &6-re feet units of water of the n
Northern Colorado Water Conservancy District, and
WHEREAS, the Board of Directors of the Northern Colorado Water Conservancy Distric�,
require that the City of Fort Collins enter into temporary use permit agreements wth said
District for the transfer of said water, and
WHEREAS, the Northern Colorado Water Conservancy District has submitted appropriat al
forms of temporary use permit agreements to be entered into by the City of Fort Collins.
NOW, THEREFORE, BE IT RESOLVED BY THE COTTNCIL OF THE CITY OF FORT COLLINS that thel.
Mayor and City Clerk be and they hereby are authorized and directed to apply for the tempor-
ary use of said 100 acre feet of water by entering into temporary use permit agreements withi,
the Northern Colorado Water Conservancy District.
Passed and adopted at a regular meeting of the City Council held this 5th day of
August, A. D. 1965.
Ls/ Harvey G Johnson
ATTEST:
/s/ Miles F. House
RESOLUTION
F THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING THE APPLICATION BY THE CITY OF FORT
OLLINS FOR THE TEMPORARY USE OF 2 ACRE FEET OF WATER OF THE NORTHERN COLORADO WATER CONSER-
ANCY DISTRICT
00%
WHEREAS, the City of Fort Collins has acquired 2 acre feet units of Northern
Colorado Water Conservancy District, and
WHEREAS, the Board of Directors of the Northern Colorado Water Conservancy Dis-
trict require that the City of Fort. Collins enter into temporary use permit agreements with
said D,strict for the transfer of said water, and
6
V 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 Collin .
NOW, 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 2 acre feet of water by entering into temporary use permit agreements
with the Northern Colorado Water Conservancy District.
Passed and adopted at a regular meeting of the City Council held this 5th day of
August, A. D. 1965.
Isl Harvey G. Johnson
Mayor
ATTEST:
/a/ Miles F. House
City Clerk
Motion was made by Councilman Carson, seconded by Councilwoman Quinn, that the
foregoing resolutions be adopted. 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 communication was presented and read at length:
August 5, 1965
To: Stanley R. Case, Acting City Manager
From: C. Adam Fischer, Director of Public
orks
Subject: Right-of-way Agreement from Mr. Ray Demerie (Birky Property)
The Department has been conducting negotiations for some weeks for right-of-way
along the bond issue sewer line across property commonly referred to as the "Birky Property.
The property, a large undeveloped tract South of Prospect and East of Shields has changed
hands, during negotiations, from Mr. Carl Birky to the present owner, Mr. Ray Demerie. In
locating the line across the property initially, we wereguided by a preliminary development
Plan being considered by Mr. Birky. The present owner is not in complete agreement with our
final location and has not agreed to sign a right-of-way agreement based on it.
Specifically, the additional requirements of Mr. Demerie has insisted upon as a
condition of signing an agreement are as follows:
1. A portion of the line be relocated to make it more compatible with the pre-
liminary development plan he is considering.
The relocation suggested has been considered by the Cityls 'Engineering Consultant
J. T. Banner and Associates. It will resultin an additional cost of about $600.00. It is,
however, a better location than the original because it provides less interference with the
actor has considered has existing Spring Creek Sewer line. The contrgnquantities; i.e., additional
d
that it will not affect his contract except for the change
in
quantities will be paid for according to the unit bid prices received. The Department and
our consultant would recommend t hat the change be made.
2. Mr. Demerie requests that he not be required to furnish water rights to the
City except at such time as City water service is requested and received. And that, the
amount of water rights heis required to furnish be calculated on the basis of the actual
area being served.
of water ction 67 of the
Water
which readsFishing innrights i
part, "Effective January li i_966,allepremises requesting yoriginal rOrdinance
water
service from the Cityof Fort Collins, including but not limited to properties included in
shall furnish to the City of Fort Collins, without cost to the
all proposed rights
accept City in the amount of 2 acre-feet per acre to be served
City, water rights acceptable to the 3 equivalent of $100.00 in payment for each acre-
°r, if water rights are not available, the eq P Y
foot so required provided,The que...
that arises is
io
annexed at the ttimetof nwhether
annexation" are theybasedewater onthe totrights alarea iincluded inare based on etotal adevelop-
ment plan at the time of plotting; or are they based on the individual areas or lots as they
re4uest water service. It is the wish o£ Mr. Demerie that the latter approach be taken. It
Paths feeling the City Attorney that the latter interpretation of the ordinance is the
Proper one. It should, however, be pointed out that this interpretation was not the intent
at the writing of the ordinance. Under the present practice (selling water rights to the
city) a firm agreement is made on t he total area a9 it is annexed. It was intended that this
Practice should continue under the new arrangement. A change in the ordinance is, perhaps,
in order.
We respectfully request the guidance of yor office and the City Council.
/a/ C. Adam Fischer
Director of Public works
364
Motion was made by Councilman McMillan, seconded by Councilman Carson, that item
No. 1, be accepted and approved. Roll was called resulting as follows: Ayes: Councilmen
Johnson, Carson, McMillan, Bennett and Councilwoman Quinn. Nayes: None. The President
declared the motion adopted.
Motion was made by Councilman McMillan, seconded by Councilwoman Quinn, that Item
No. 2 in the above report be referred to the Water Board for study and recommendation. 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 communication was presented and read at length:
July 28, 1965
Mayor H. Johnson
City Hall
Fort Collins, Colorado
Dear Mayor Johnson:
On behalf of the more than 1,200 boys, their families and the officials of Fort Collins
Youth Baseball, I'd like to extend our most sincere thanks for the use of City Pak and
Riverside Park diamonds and facilities.
As you probably know, our program has had "seal bursting" growth each year. by necessity,
a volunteer community program such as ours that is a concentrated and intensive seasonal
affair, relies on civic interest and participation. We have had a successful season, and
want to express our appreciation to the many City employees who have done so much for the
boys, the city, and its guests and visitors.
Mr. Phillips and the Recreation Department have been most cooperative. Itts been a pleasure
working with them.
Respectfully yours,
/s/ Harold Breen, D.V.M.
President and Commissioner
Fort Collins Youth Baseball, Inc.
The following communication was presented and read at length:
August 4, 1965
Harvey G. Johnson
City Hall
Fort Collins, Colorado
Dear Mayor Johnson:
The initial plans for the Governor's 1965 Traffic Safety Conference are under way.
My interest in writing you at this early date is three -fold.
First: To advise you of the date, September 24, 1965, and the location, the House
of Representatives, State Capitol Building.
Second: To advise you that.I have submitted your name to Governor John A. Love to
receive an invitation.
Third: We want your help in the planning and execution of the Conference. The
theme, procedures, subjects, and speakers are yet to be determined.
If you have any thoughts or suggestions, we would appreciate hearing from you at
your earliest convenience.
Sincerely,
/s/ Duke W. Dunbar, Chairman
Colorado Highway Safety Council
The following communication was presented and read at length:
WALTER BIEHLE
115 South Meldrum
August 5, 1965
Dear Mayor:
This is the certificate for the small parcel of water I offered to give our city
during the deliberation of annexing 4 lots in the 2100 block of LaPorte Ave., the latter
part of last year.
It took a long time but finally got it done.
Gratefully yours
/s/Walter Biehle
The foregoing communication was a certificate of stock for 1/16th silare of Taylor ll
Gill Ditch Company which had been transferred to the City of Fort Collins before presentatpn.
IF 365
August 5 1965
Motion was made by Councilwoman Quinn, seconded by Councilman Bennett, that the
Council adjourn. Roll was called resulting as. follows: Ayes: Councilmen Johnson, Carson,
McMillan, Sennett and Councilwoman Quinn. Nayes: None. The President declared the motion
adopted and the Council adjourned.
L
y6 r
ATTEST