HomeMy WebLinkAboutMINUTES-01/08/1970-RegularS MINUTES OF A REGULAR MEETING OF THE COUNCIL OF THE CITY OF FORT
COLLINS, Held Thursday, January 8, 1970, at 1:30 o'clock P.M.
Present: Councilmen Carson, Troxell, Lopez, Kissock and Kruchten.
City Manager Coffey, City Attorney March and Director of Public Works Liquin..
Motion was made by .Council= Kruchten, seconded by Councilman Kissock,
that the reading of the minutes of the last regular meeting held December 24,
1969, be dispensed with. Roll was called resulting as follows: Ayes:
CouncilmenCarson,.Troxell, Lopez, Kissock and Kruchten. Nayes: None.' The
'Mayor declared the motion adopted.
The .following ordinance was presented on second reading:
ORDINANCE NO. 69, 1969
BEING AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF FORT COLLINS BY
CHANGING THE ZONING CLASSIFICATION FOR CERTAIN PROPERTY
Motion was made by Councilman Lopez, seconded by Councilman Kruchten,
that Ordinanc:: No. 69, 1969, be adopted. Roll was called resulting as follows:
Ayes_: Councilmen Carson, Troxell, Lopez, Kissock and Kruchten. Nayes:
None. The Mayor declared the motion adopted.
The followsg ordinance was presented on second reading:
ORDINANCE NO. 70, 1969
BEING AN ORDINANCE RELATING TO THE COLLECTION, REMOVAL AND HAULING OF HOUSEHOLD
GARBAGE AHD HOUSE HOLD TRASH, FORBIDDING THE BURNING THEREOF, AND PROVIDING FOR
PENALTIES FOR VIOLATIONS
The City Manager stated that the Public Health Department had given
their approval of a multiple type incinerator for burning trash since there are
no.offensive odors with these. Councilman Troxell said that he had had a call
from one of the trash haulers saying that he thought that the'24 inches in dia-
meter for bundles of tree limbs was too large and Councilman Troxell suggested
that they go back to the original size of 12" x 41. Councilman Kruchten said
that if the bundles were just brush and tied securely, that he thought they
could be handled easily. The City.Manager stated that it was his opinion that
it would work out as is if the bundles were picked up correctly, instead of just
by the string they were tied with. Councilman Troxell stated that he would
like to amend his motion and make the size of bundles of tree limbo 18" by 4',
this was seconded by Councilman Lopez. Roll was called resulting as follows:
Councilmen Carson, Troxell., Lopez, Kissock and Kruchten. Nayes: None. The
Mayor declared trhe motion adopted.
�- Motion was made by.Councilman Troxell, seconded by Councilman Lopez,
to amend Section 6 by deleting the figure.24" and substituting therefore the
figure 18": Roll was called resulting as follows: Ayes: Councilmen Carson
Troxell, Lopez, Kissock and Kruchten. Nayes' None. The Mayor declared the
motion adopted. {
Motion was made by Councilman Kissock, seconded by Councilman Kruchten;;
to amend Sections 7 and 8, as follows:
Amend Section 7 by changing the last sentence thereof to read as follows'
"Nothing contained herein will prohibit a licensed operator:franfurnishing pickup,'
service other than weekly or from providing special service other than that con-
templated by this ordinance at a price negotiated betwemas ch operator and the
22
Amend Section 8 to read as follows: "Burning Prohibited; Exceptions.
It shall be unlawful for any person to set on fire or burn any household garbage
or household trash except in an improved multiple chamber incinerator or in any
other type equipment found in advance of such use by the State Department of
Public Health or any -of its agencies including any air polluti-on control control
authority designated for the area of the State which includes the City of Fort
Collins to be equally effective for the purpose of air:pollution control as
an approved multiple chamber incinerator. Any -such proposed act is hereby
declared unlawful and a nuisance because of the fire hazard, smoke, odor and air
pollution chara:cteristics." Roll was called resulting as follows: Ayes:
Councilmen;Carson,,Troxell, Lopez, Kissock and Kruchten. Nayes: None. The
Mayor declared they motion adopted.
Mr. John E1ey was present and spoke concerning the fee of $2.50 per
month. He was informed that this fee does not apply to trash haulers working
outside of their area covered by the ordinance. Councilman Kissock advised
him that the City Council would have to review this ordinance from time to time,
-for any problems that they might run into.
Motion was made by Councilman Kissock, seconded by Councilman Kruchten,
that Ordinance No. 70, 1969, be adopted as amended. Roll was'called resulting
as follows: Ayes: Councilmen Carson, Troxell, Lopez, Kissock and Kruchten.
Nayes: None. The Mayor declared the motion adopted.
The following ordinance was presented on second reading:
ORDINAIUE NO. 71, 1969
BEING AN ORDINANCE AMENDING SECTION 1-15 OF THE CODE OF ORDINANCES OF THE CITY
OF FORT COLLINS, COLORADO, 1958, AS AMENDED, RELATING TO THE SALARY TO BE PAID
THE CITY MANAGER
Motion was made by Councilman Kruchten, seconded by Councilman Troxell,
that Ordinance No. 71, 1969, be adopted. Roll was called resulting as follows:
Ayes: Councilmen Carson, Troxell, Lopez, Kissock and Kruchten. Nayes: None.
The Mayor declared the motion adopted.
The following ordinance was presented on second reading:
ORDINANCE NO. 72, 1969
BEING AN ORDINANCE AMENDING SECTION 19-54 (3) OF THE CODE OF ORDINAN CES OF THE
CITY OF FORT COLLINS, COLORADO, 1958, AS AMENDED, RELATING TO FINAL APPROVAL
AND RECORDING OF SUBDIVISION PLATS.
Motion was made by Councilman Troxell, seconded by Councilman Kruchten,
that Ordinance No. 72, 1969, be adopted. Roll was called resulting as foJ.lows:_
Ayes: Councilmen Carson, Troxell, Lopez, Kissock and Kruchten. Nayes: None.
The Mayor declared the motion adopted.
The folloAg ordinance was presented on second reading:
ORDINANCE NO. 73, 1969
BEING AN ORDIN ANCE ANNEXING CERTAIN TERRITORY TO THE CITY OF FORT COLLINS,
COLORADO
Motion was made by Councilman Lopez, seconded by Councilmn Troxell, that
Ordinance No. 73, 196$, be adopted. Roll was called resulting as follows:
Ayes: Councilmen Carson, Troxell, Lopez, Kissock and Kruchten. Nayes: None._
The Mayor declared the motion adopted.'
The following ordinance was presented on first reading and read at length:
ORDINANCE NO. 1, 1970
BEING AN ORDINANCE AMENDING SECTION 19-34 OF THE CODE OF ORDINANCES OF THE CITY
OF FORT COLLINS, COLORADO, 1958, AS AMENDED, AND RELATING TO USES PERMITTED IN
MOBILE HOME j7ISTRICTS UNDER THE ZONING ORDINANCE OF THE CITY OF FORT COLLINS
213
The Planning Director, Don Reynolds, explained this ordinance to the
satisfaction of the Council members. Motion was made by Councilman Kissock,
seconded by Councilman Troxell, that Ordinance No. 1, 1970, be considered favorabl
on first.reading and to be presented for final passage on the 5th day of Feb-
ruary, 1970. Roll was called resulting as follows: Ayes: Councilmen Carson,
Troxell, Lopez, Kissock and Kruchten. Nayes: None. The Mayor declared the
motion, adopted,
The following ordinance was presented and read at length on, first reading:
ORDINANCE NO. 2, 1970
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 CLASSIFYING FOR ZONING PURPOSES THE PROPERTY INCLUDED IN TIE VILLAGE WEST
FIRST ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO
Motion was made by Councilman Kruchten, seconded by Councilman Troxell,
that Ordinance No. 25 1970, be considered favorably on first reading and to be
presented for final
passage on
the 5th
day of February, A.
D. 1970,
Roll was
called resulting as
follows:
Ayes:
Councilmen Carson,
Troxell,
Lopez,
Kissock and Kruchten. Nayes: None. The Mayor declared the motion adopted.
The following ordinance was presented on first reading and read at length:
ORDINANCE NO. 3, 1970
BEING AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF FORT COLLINS BY
CHANGING THE ZONING CLASSIFICATION FOR CERTAIN PROPERTY
Motion was made by Councilman Kissock, seconded by Councilman Kruchten,'
that Ordinance No. 3, 1970, be considered favorably on first reading and to
be presented for final passage on the 5th day of February, 1970. Roll was called
resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez, Kissock and
Kru chten. Nayes: None. The Mayor declared .the motion adopted.
The following ordinance was presented on first reading and read at length-:
ORDINANCE NO. 4, 1970
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 CLASSIFYING FOR ZONING PURPOSES THE PROPERTY INOIUDED IN THE THIRD SPRING
CREEK ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO
Motion was made by Councilman Lopez, seconded by Councilman Kruchten,
that Ordinance No.. 4, 1970, be considered favorably on first reading and to
be presented for final passage on the 5th day of February, A. D. 1970. Roll
was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez, "
Kissock and Kruchten. Nayes-- None. The Mayor declared the motion adopted.
The City Attorney stated that he had met with officers of the Riverbend
Farms, Inc., and that they were willing to make the improvements as specified.
The following resolution was presented and read at length:
RESOLUTION 70-1
OF THE COUNCIL OF TH-E CITY OF FORT COLLINS APPROVING AN AGREEMENT TO BE ENTERED
INTO WITH RIVERBEND FARMS, INC.
24
WHEREAS, the City of Fort Collins and Riverbend Farms, Inc., own certain
properties which adjoin each other in the SE4 of Section 21, Township 7 North,
Range 68 West of the 6th P.M.; and
WHEREAS, it is desirable to establish a road across the property of the
City of Fort Collins for the use of the City and Riverbend Farms, Inc.; and
WHEREAS, an agreement has been prepared providing for the construction of
said road by Riverbend Farms, Inc., and granting a right of way to Riverbend
Farms, Inc., for the use of the same; and
WHEREAS, the agreement has been approved by the City Manager and the
City Attorney.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS tht the terms and conditions of said agreement be and the same.hereby
are 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 City Council held this 8th
day of January, A. D. 1970.
/ Karl E. Carso
r
ATTEST:
/ John Bartel
Motion was made by Councilman Troxell, seconded by Councilman Kruchten,
that this resolution be adopted. Roll was called resulting'as follows:
Ayes: Councilmen Carson, Troxell, Lopez, Kissock and Kruchten. Nayes:
None. The Mayor declared the motion adopted.
The following report was presented and read at length:
January 6, 1970
TO: Fort Collins City Council
FROM: Planning and Zoning Board
SUBJECT: #114-7Q. Consideration of new zoning district allowing for low density
multiple -family use (duplexes, triplexes and fourplexes).
The Planning and Zoning Board considered this item at its Janary 6, 1970 meeting
and recommends approval.
Respectfully submitted,
/s/ Robert 0. Engelke
Acting Secretary
The Planning Director, Don Raynolds, stated that this was a type zone that
should be added to the Zoning Ordinance. That usually one side was occupied
by the owner and rented the rest of the unit and that two, three and fourplexes
should be approved and accepted. Motion was made by Councilman Troxell,
seconded by Councilman Kissock that the report of the Planning and Zoning Board
be accepted and.the matter referred to the City Attorney for proper processing.
Roll was called resulting as follows:
Lopez, Kissock and Kruchten. Nayes:
adopted.
Ayes: Councilmen Carson, Troxell,
None. The Mayor declared the motion
The following report was presented and read at length:
January 6, 1970
TO: Fort Collins City Council
FROM: Planning and Zoning Board
SUBJECT: #115-70. Consideration of new zoning district for medium Density areas
planned as a unit to provide a variation in use andbuilding placements.
The Planning and Zoning Board considered this item'at its January 6, 1970 meet-
ing and recommends approval.
Respectfully submitted,
/sl Robert 0. Engelke,
Acting Secretary
Motion was made by Councilman Troxell, seconded by Councilman Kissock,
that the report of the Planning and Zoning Board be accepted and the matter
referred to the City Attorney for drafting an ordinance on this matter. Roll
was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez,
Kissock and Kruchten. Nayes: None. The Mayor declared the motion adopted.
The following report was presented and read at length:
January 6, 1970
TO: Fort Collins City Council
FROM: Planning and Zoning Board
SUBJECT: $94-70. Consider the Maxfield Second Annexation involving approxi-
mately 12.54 acres. Present County zoning, El, Estate District and R
Residential District zoning.
The Planning and Zoning Board considered this item at its January 6, 1970.meeting
and recommends approval.
Owners: Several
Location: SE4 of Section 15, north of Prospect Road, 330 feet west of Shields
Street.
Respectfully submitted,
/sl Robert 0. Engelke
Acting Secretary
Motion was made by Councilman Kissock, seconded by Councilman Lopez,
that the report of the Planning and Zoning Board be accepted and the matter be
referred to.the City Attorney for the proper processing. Roll was.called
resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez, Kissock and
Kruchten. Nayes: None. The Mayor declared the motion adopted.
The following report was presented and read at length:
January 6, 1970
TO: Fort Collins City Council
FROM: Planning and Zoning Board
SUBJECT. $95-70. Consider the Fourth Spring Creek Annexation involving approx-
imately 6.10 acres, with FA, Farming District zoning.
The Planning and Zoning Board considered this item at its January 6, 1970 meet-
ing and recommends approval.
Owners: Several
Location: NW4.of Section 23, approximately 1,181 feet sough of Prospect Road
on Whitcomb Street.
26
Respectfully submitted,
/s/Robert 0. Engelke
Acting Secretary
Motion was made by Councilman Troxell, seconded by Councilman
Kruchten, that the report of the Planning and Zoning Board be accepted and the
matter be referred to the City Attorney for the proper processing. Roll was
called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez,
Kissock and Kruchten. Nayes: None. The Mayor declared the motion adopted.
The following report was presented and read at length:
January 6, 1970
TO: Fort Collins City Council
FROM: Planning and Zoning Board
SUBJECT: #99-70• Consider rezoning petitio involving approximately 25.65
acres from RP, Planned Residential to RM, Medium Density Residential
zoning.
The Planning and Zoning Board considered this item at its January 6, 1970 meet-
ing and recommends the proposed new zone RMP, Planned Medium Density Residential
zoning. It was *the feeling of the Board that this zone woL2d give the developers
the necessary density and flexibility they stated they needed. This revision to
the petition was accepted by the developers.
Petitioners: Leslie G. Everitt and Willard R. Baker
Location: Sig of Section 25, SW of the intersection of Swallow Road and Stover
Street extended.
Respectfully submitted,
/s/ Robert 0. Engelke
Acting Secretary
Motion was made by Councilman Kruchten, seconded by Councilman Kissock,
that the report of the Planning and Zoning Board be accepted that the matter
referred to the City Attorney to prepare the necessary papers and bring back
to the Council as soon as prepared. Roll was called resulting as follows:
Ayes: Councilmen. Carson,. Troxell, Lopez, Kissock and Kruchten. Nayes: None.
The Mayor declared the motion adopted.
The following report was presented and read at length:
January 6, 1970
TO: Fort Collins City Council
FROM: Planning and Zoning Board
SUBJECT: #102-70. Consider the Spencer Second Annexation involving approxi-
mately 3.03 acres with RM, Medium Density Residential zoning and
approximately 5.01 acres with RL, Low Density Residential zoning.
The Planning and Zoning Board considered this item at its January 6,1970
meeting and recommends approval with the revision of the RM portion to RMP.
This request is directly related to #99-70. -
Petitioner: Thunderbird Estates, Inc.
Location: Center of Section 25, approximately !!� mile south of Drake Road and
approximately mile east of South College Avenue.
Respectfully submitted,
Robert 0. Engelke
Acting Secretary
27
Motion was made by Councilman Troxell, seconded by Councilman Lopez,
that the report of the Planning and Zoning Board be accepted and the matter be
referred to the City Attorney for further processing. Roll was called. result-
ing as follows:. Ayes: Councilmen Carson, Troxell, Lopez, Kissock and
Kruchten. Nayes: None. The Mayor declared the motion adopted.
The following report wQs presented and read at .length:
January 6, 1970
TO: Fort Collins City Council
FROM: Planning and Zoning Board
SUBJECT: #100-69. Consider the Strachan First Annexation petition involving
approximately 14.4 acres with RM, Medium Density Residential zoning.
Present County zoning FA1, Farming District.
The Planning and Zoning Board considered this item at its January 6, 1970 meeting
and recommends disapproval. The basis of this request was the need for buffering
of the RH zone in the Leisure Village Development. It was the feeling of the
Board that RM zoning without.envoronmental controls beyond those of the standard
RM zone would lead to request for further buffering on property south and east
of this request.
Owner: The Strachan Company, John Strachan, President
Location: NW4 of Section 25, south of Drake Road and east of the City Limits.
Respectfully submitted,
/s/ Robert 0. Engelke
Acting Secretary
Motion was made by Councilman Kruchten, seconded by Councilman Troxell,
that the recommendation of the Planning and Zoning Board be accepted that this
request
be disapproved.
Roll
was called
resulting as
follows:
Ayes:
Coun-
cilmen
Carsln, Troxell,
Lopez,
Kissock and
Kruchten.
Nayes: -
None
The
Mayor declared the motion adopted.
The following report was presented and read at length:
January 6, 1970
TO: Fort Collins City Council
FROM: Planning and Zoning Board
SUBJECT: #98-69. Consider application for con sideration of rezoning request
involving approximately 14.9 acres from RL, Low Density Residenten
to RM, Medium Density Residential zoning.
The Planning and Zoning Board considered this item at its January 6, 1970 meeting
and recommends approval as revised to the new zone, RLM. This revision was
accepted by the developer.
Owner: Elliott -Miller Construction Company
Alvin Miller, President
Location: NW4 of NW4 of Section 21, SE of lthe intersection of Elizabeth Street
and Overland Trail.
Respectfully submitted,
/s/ Robert 0. Engelke
Acting Secretary
Motion was made by Councilman Troxell, seconded by Councilman Lopez,
that the recommendation of the Planning and Zoning Board be accepted and the
matter referred to the City Attorney for the proper processing. Roll was
called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez,
Kissock and
Kruchten.
Nayes:
None. The
Mayor declared the motion adopted
The
following
report
was presented
and read at length:
January 6, 1970
TO: Fort Collins, City Council
FROM: Planning and Zoning Board
SUBJECT: #113-69. Consider Becksted rezoning petition involving approximately
41.21 acres from RL, Low Density Residential to RM, Medium Density
Residential zoning.
The Planning and Zoning Board considered this item at its January 6, 1970 meet-
ing and recommends approval as revised to the new zone, RLM. This revision.
was accepted by the developer.
Petitioner: Paul E. Wanks, Trustee Becksted trust.
Location: SW4 of NW4 of Section 21, approximately �* mile south of Prospect
Road and east of Overland Serail
Respectfully submitted,
/s/Robert 0. Engelke
Acting Secretary
Motion was made by Councilman Kissock, seconded by Councilman
Lopez, that the report of the Planning and Zoning Board be accepted. and the matter
referred to the City Attorney to prepare the resolution and notice of hearing.
Roll was called insulting as follows: Ayes: Councilmen Carson, Troxell,
Lopez, Kissock and Kruchten. Nayes: None. The Mayor declared the motion
adopted.
The following report was presented and read at length:
January 6, 1970
TO: Fort Collins City Council
FROM Planning and Zoning Board
#112-69. Consider changing the name of Kane Concourse to South College
Avenue
The Planning and Zoning Board considered this item at its Jauary 6, 1970 meeting
and recommends approval.
Location: SW4 of Section 24, east of and parallel to South College Avenue
from 170 feet north of Rutgers south to Princeton Road.
Respectfully submitted,
/s/ Robert 0. Engelke
Acting Secretary
Motion was made by Councilman Kissock, seconded by Councilman Troxell,
that the report of the Planning and Zoning Board be accepted and.the matter be
referred to the City Attorney to prepare the proper.resolution.on same. Roll
was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez,
Kissock and Kruchten. Nayes: None. The Mayor declared the motion adopted.
The preliminary hearing on the application of the La Sierra Cafe for
a Fermented Malt Beverage License was presented. Since there was no one present
to represent this application, motion was made by Councilman Lopez, seconded by
Councilman Troxell, that this matter be tabled. Roll was called resulting as
follows: Ayes: Councilmen Carson, Troxell, Lopez, Kissock and Kruchten.
Nayes: None. The Mayor declared the motion adopted.
Mr.. Russell Pugh, Attorney for Southland Corp., 7-Eleven Stores, was
present and spoke regarding this license, stating this was an application for a
Fermented Malt beverage License at 216 W. Prospect, showing the neighborhood
boundaries to,be Shields on the west, Pitkin on the north, Stuart Street extended
to Shields, Stv art Street on the south and Stover on the east. Motion was
made by Councilman Kissock, seconded by Councilman Kruchten, that the boundaries
as outlined be accepted and the hearing date be set for February 5, 1970 Roll
was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez,
Kissock and Kruchten. Nayes: None. The Mayor declared the Mayor declared
the motion adopted.
The application of 7-Eleven Store No. 56, 1001 LeMay Avenue, to the
State and City, for renewal of a Fermented Malt Beverage License was presented.
The following report of the Chief of Police concerning this application, was
presented and read at length:
January 8, 1970
TO: Mr. Tom Coffey, City Manager
FROM: Ralph M. Smith, Chief of Police
SUBJECT: Application Renewal for Lemay 7-11
Sir:
I have checked the.records and have found that we have not been called to the
above establishment regarding any disturbances or any liquor law violations in
the past year.
I have checked with the Juvenile Bureau regarding this place of business, and they
have received one complaint in the last eighteen months, regarding purchase of
beer by a minor at this location, but the case is not active at this time.
Due to the fact that'we have had no difficulties here, and the fact that the
management has been cooperative, I know of no reason why this application should
not be approved.
Respectfully submitted,
/sl Ralph M. Smith
Chief of Police
Motion was made by Councilman Kissock, seconded by Councilman Kruchten
that thisapplicationbe granted. Roll was called resulting as follows: Ayes:
Councilmen Carson, Troxell, Lopez, Kissock and Kruchtan. Naves: None. The
Mayor declared the motion adopted.
The. City Attorney advised the Council that some time ago a revis-
ion to the housing code was referred to his office and the Building Inspector.
This is to be a subsidiary to our building code and would work better with our
.building code, or this may be prepared as a separate codeif desired. An
ordinance is now being formed to adopt the new building code and it is his
recommendation to hold off the housing code as the two may be combined. The
Mayrstated this housing code would provide better housing and rental property
30
and suggested we have several public hearings on this. Motion was made by
Councilman Kissock that it was incumbent that we proceed at full speed and
combine the building and housing codes, this was seconded by Councilman Kruchten,
who emphasized that the public be informed completely by press and radio regard-
ing this housing and building code. Roll was called resulting as follows:
Ayes: Councilmen Carson,Troxell, Lopez, Kissock and Kruchten. Nayes: None.
The Mayor declared the motion adopted.
The City Attorney advised the Council that Robert Kost, an Electrical
Engineer and an employee of the City, had designed an underground va41t for the
electric department and has applied to Washington for a U.S. patent. He is to
receive 25% of the royalties, plus $40'.00, reimbursing him for a part of his time
and effort in designing this vault. The following resolution was presented
and read at length:
RESOLUTION 7--2
OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING AN AGREEMENT TO BE ENTERED
INTO WITH ROBERT A. KOST.
WHEREAS, Robert A. Kost, as an employee of the City of Fort Collins,
invented and designed a vault to be used by the electric department of the City;
and
- WHEREAS, both the City of Fort Collins and the said Robert A. Kost
desire to attempt to obtain a United States patent on said vault;. and
WHEREAS, an agreement has been reached with the said Robert A. Kost
regarding the ownership of any patent to be obtained and the benefits to be
received from such patent and the rights to the use of such invention; and
WHEREAS, sA d agreement provides for the assignment to the City of all
rights in said invention and further provides for the obtaining of a patent for
the same by the City and further provides that the City will pay to Robert A.
Kost as the inventor of such invention twenty-five per cent (25%) of any net
income received 'by the City as royalties or payments by third parties arising out
of such invention; and
WHEREAES, said agreement has been approved by the City Manager and the
City Attorney.
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 are
approved; and
BE IT FURTHER RESOLVED that the Mayor and City Clerk be and they here-
by 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
8th day of January, A. D. 1970.
ATTEST:
/s/ Karl E. Carson
Mayor
/s/ John Bartel
City Clerk --
The City Manager advised the Council that Bob Kost had spent a lot of
time on this vault, that it was fiberglass, expandable and has been put through
all kinds of tests to prove its worth. He wished to commend Mr. Kost for his
intuitiveness and know how. Motion was made by Councilman Lopez, seconded by
31
Councilman Troxell, that this resolution be adopted. Roll was called resulting
as follows: Ayes: Councilmen Carson, Troxell, Lopez, Kissock and Kruchten.
Nayes: None. The Mayor declared the motion adopted.
The City Manager advised the Council that his office is sending the
proposed specifications for sewer, water and curb and gutter sections to the
contractors and different departments and stated that this will be brought back
at a later date.
Some time ago the Council had an offer of Bertie M. Jessee for transfer
of a water line. This line was substadard and the City did not want to take
it over because it would cost more for maintanance than it is worth. The
following pew agreement was presented and read at length:
A G R E E M E N T
AGREEMENT, Made this 7th day of January, 1970, by and between BERTIE
M. JESSEE, of 621 LaPorte Avenue, Fort Collins; Colorado, the the CITY OF FORT
COLLINS, WITIN'ESSETH:
In consideration of tte agreements herein contained, IT IS MUTUALLY AGREE]
AS FOLLOWS:
1) Bertie M. Jessee will transfer as of this date by good and sufficien'-
bill of sale free of encumbrance, title to the Jessee Water Line which bagins at
Master Meter on North Taft Hill Road North of Laporte Avenue, on the East side of
the road, and runs thence North to Vine Drive and thence East where it serves
properties at 2000 and 2025 Vine Drive, and any interest she has in the Master
Meter.
2) Bertie M. Jessee shall also promptly prepare and execute appli-
cation for transfer to the City of. Fort Collins of ten (10) units of Northern
Colorado Conservancy District water and cooperate to the extent necessary to
effect such transfer to the City. This application shall be promptly prepared
and the City shall execute the same. as ahe purchaser of such units, and Jessee
shall su pply the necessary Attorneys' title ognion in connection therewith, and
the City shall pay the expense of the application and attend to the formalities
of consumating same;
3) The City of Fort Collins shall accept the ownership of said Water
Line and carry out all obligations of the City as set forth in the agreement of.
the tapholders on said line attached hereto;
4) The City of Fort Collins agrees that Bertie M. Jessee, her •heirs,
executors, administrators and assigns are released of any and all further
liability in connection with said water line.;
This Agreement shall be binding upon the heirs, ezecutors, administra-
tors, successors and assigns of he parties hereto.
Dated the day and year first hereinabov,e written.
/s/ Bertie M. Jessee
CITYOFFORT COLLINS
/s/ Karl E. Ca
Attest: /sl John Bartel
- City Clerk
The City Manager stated that each of the ten recepients have signed
this agreement and the transferral of 10 acre feet of Horse Tooth water to go
with it. Motion was made by Councilman Kissock, seconded.by Councilman.Troxell,
that this agreement be accepted and the City Clerk and Mayor be instructed to
Authorize the execution of this agreement. Roll was called resulting as
follows: Ayes: Councilmen Carson, Troxell, Lopez, Kissock and Kruchten.
Nayes: None. The Mayor declared the motion adopted.
Motion was made by Councilman Kissock, seconded by Councilman
Kruchten, that the Council adjourn.. Roll was called resulting as follows:
Ayes: Councilmen Carson, Troxell, Lopez, Kissock //and Kruchten. Nayes: None.
The Mayor declared the motion adopted and the CouWeil adjourned.
ATTEST:
Y Cle
i
i
i