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HomeMy WebLinkAboutMINUTES-08/13/1964-Regular495 Augers t—LI,9611 MINUTES OF A REGULAR MEETING OF THE COUNCIL OF THE CITY OF FORT COLLINS, Held Thursday, August 13, 1964, at 1:30 o'clock P.M. Present: Councilmen Johnson, Colwell, McMillan, and, --Councilwoman Quinn. City Manager Boos, City Attorney March and City Engineer Weiss. Absent: Councilman Guyer, excused. Motion was made by Councilwoman Quinn, seconded by Councilman McMillan, that the reading of the minutes of the last regular meeting held August 6, 1964, be dispensed with. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan and Councilwoman Quinn. Nayes: None. Absent: Councilman Guyer, excused. The following ordinance was presented on second reading: ORDINANCE NO. 26, 1964 ACCEPTING AND APPROVING THE PLAT OF WHAT IS KNOWN AS THE WEST MULBERRY SECOND ANNEXATION TO THE CITY OF FORT COLLINS AND TO BE INCLUDED WITHIN THE LIMITS AND JURISDICTION THEREOF, PURSUANT TO THE AUTHORITY CONTAINED IN ARTICLE 11, CHAPTER 139, COLORADO REVISED STATUTES, 1953 Motion was made by Councilwoman Quinn, seconded by Councilman Colwell, that Ordi- nance No. 26, 1964, be adopted and become a law upon passage. Roll was called resulting as ollows: Ayes: Councilmen Johnson, Colwell, McMillan and Councilwoman Quinn. Absent: ouncilman Guyer, excused. Nayes: None. The President declared the motion adopted. The following ordinance was presented on second reading: ORDINANCE NO. 27, 1964 ACCEPTING AND APPROVING THE PLAT OF WHAT IS KNOWN AS THE THUNDERBIRD ESTATES SIXTH ANNEXA- TION TO THE CITY OF FORT COLLINS AND TO BE INCLUDED WITHIN THE LIMITS AND JURISDICTION THE OF, PURSUANT TO THE AUTHORITY CONTAINED IN ARTICLE 11, CHAPTER 139, COLORADO REVISED STAT- UTES, 1953 Motion was made by Councilwoman Quinn, seconded by Councilman McMillan, that Ordi- finance No. 27, 1964, be adopted and become a law upon passage. 'Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan and Councilwoman Quinn. Absent: Councilman Guyer, excused. Nayes: None. The President declared the motion adopted. The following communication was presented and read at length: August 11, 1964 Mr. Robert Boos City Manager City Hall Fort Collins, Colorado Dear_Mr. Roos, We have had several discussions concerning the parking at the Bowling property in Thunderbird Estates, and the result has indicated that this matter should be brought before the City Council. I would appreciate your placing the matter on the Council Agenda either in connect- ion with or immediately before the consideration on final reading; of the annexation of a portion of Thunderbird Estates which is on the agenda for Thursday, August 13, 1964. Very truly yours, /s/ William H. Allen Discussion followed in reference to the parking and curb and gutter as recommended the City Engineer and that which the developer wished to use for the benefit of Bowling rniture Store. The City Engineer recommended a future curb and gutter and 'parallel park- ing between the access road and the sidewalk adjacent to the building and covered by a canopy''. This would limit the amount of parking around the building and make it difficult for cus- tomers to come up the access road and park in parallel parking area. The developer advised the Council that if it would be necessary to obtain the recommendation of the City Engineer that the access road would t,not be dedicated foil public use and revert to�the purchaser of the property, this being Bowling Furniture Company, and it would be necessary for the City 496 August 13, 196E in the future to obtain a dedication from them which might be difficult under future dir- cumstances. The whole discussion seemed to be on the matter of parallel parking against diagonal parking with the Hollywood curb and gutter and pan gutter. After further dis- cussion, motion was made by,Councilwoman Quinn, seconded by Councilman Colwell, that the Council approve diagonal parking and pan gutter between the access road and the sidewalk line. Roll was cared resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan and Councilwoman Quinn. Absent: Councilman Guyer, excused. Nayes: None. The President declared the motion adopted. The following ordinance was presented on second reading: ORDINANCE NO. 28, 1964 ACCEPTING AND APPROVING THE PLAT OF WHAT IS KNOWN AS THE THUNDERBIRD EXTATES SEVENTH ANNEX- ATION TO THE CITY OF FORT COLLINS AND TO BE INCLUDED WITHIN THE LIMITS AND JURISDICTION THEREOF, PURSUANT TO THE AUTHORITY CONTAINED IN ARTICLE 11, CHAPTER 139, COLORADO REVISED STATUTES, 1953 Motion was made by Councilwoman Quinn, seconded by Councilman Colwell, that Ordi- nance No. 28, 1964, be adopted and become a law upon passage. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan and Councilwoman Quinn. Absent: Councilman Guyer, excused. Nayes: None. The President declared the motion adopted. The following ordinance was presented on second reading: ORDINANCE NO. 29, 1964 ACCEPTING AND APPROVING THE PLAT OF WHAT IS KNOWN AS THE FIRST FAIRVIEW "WEST" ANNEXATION TO THE CITY OF FORT COLLINS AND TO BE INCLUDED �I THIN THE LIMITS AND JURISDICTION THEREOF, PURSUANT TO THE AUTHORITY CONTAINED IN ARTICLE 11, CHAPTER 139, COLORADO REVISED STATUTES, 1953 Motion was made by Councilman McMillan, seconded by Councilwoman Quinn, that Ordinance No. 29, 1964, be adopted and become a laq upon passage. Roll was called resulti as follows: Ayes: Councilmen Johnson, Colwell, McMillan and Councilwoman Quin . Nyes: None. The President declared the motion adopted. Absent: Councilman Guyer, excused. The following ordinance was presented on second reading: ORDINANCE NO. 30, 1964 ACCEPTING AND APPROVING THE PLAT OF WHAT IS KNOWN AS THE ELEVENTH SOUTH SHIELDS STREET ANNEXATION TO THE CITY OF FORT COLLINS AND TO BE INCLUDED WITHIN THE LIMITS AND JURISDIC- TION THEREOF, PURSUANT TO THE AUTHORITY CONTAINED IN ARTICLE 11, CHAPTER 139, COLORADO REVISED STATUTES, 1953 Motion was made by Councilman McMillan, seconded by Councilwoman Quinn, that Ordinance No. 30, be adopted and become a 1w upon passage. Roll was cared resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan and Councilwoman Quinn. Absent: Councilman Guyer, excused. Nayes: None. The President declared the motion adopted. The application of William F. Smith for an outside water tap was presented: Application of a Non -Resident for a Temporary Revocable Permit to Take Water from the Fort Collins, Colorado, System of Water Works TO THE CITY MANAGER OF THE CITY OF FORT COLLINS, COLORADO: The undersigned, owner of the following described property adjacent or close to but not within the corporate limits of the City of Fort Collins, Colorado, to -wit: Lot 100 Feet frontage on Westerly extension of LaPorte Avenue, Fort Collins, Colo. 266 feet depth from the North line of Westerly extension of LaPorte Avenue, Fort Collins, Colorado, Section 9, Township 7 North Range 69 West of the 6th P.M. (About two blocks West of the New Mercer Ditch on North side of LaPorte Avenue) does hereby respectfully petition the City of Fort Collins for permission to tap the Fort Collins Water Works distribution main at I One 5/8 to 3/4 inch water tap Dated at Fort Collins, Colorado, this 10 day of August, A. D. 1964. /s/ Wm. F. Smith 24" LaPorte Avenue August 1 _, 196L I- The City Engineer advised the Council that this property was contiguous to the City limits and could be annexed, Motion was made by Councilman Johnson, seconded by Councilwoman Quinn, that the tap be -denied and Mr. Smith be advised that, if a water tap is desired, that it will be necessary for him to annex the property as he is contiguous -with the City limits. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan and Councilwoman Quinn. Absent: Councilman Guyer, excused. Nayes: None. The 1 President declared the motion adopted. The following resd.ution was presented and read at length: RESOLUTION OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING A PETITION FOR THE ANNEXATION OF THE LAPORTE AVENUE ANNEXATION TO THE CITY OF FORT COLLINS; SETTING THE DATE FOR HEARING ON AN ORDINANCE APPROVING THE ANNEXATION THEREOF; AND GIVING NOTICE THEREOF WHEREAS, heretofore on the 6th day of August, A. D. 1964, a written petition was presented to the Council of the City of Fort Collins in substantial compliance withthe pro- visions of Colorado Revised Statutes, 1953, 139-11-3, by the owners of more than fifty per- cent (50%) of the area and who comprise the majority of landowners residing in the area of the following described land, situate in the County of Larimer, State of Colorado, to -wit: and Begin at a point N. 89039'15" W. 130.00 feet from the East a Corner, Section 9-7-6� thence N. 00°10130" E. 180.00 feet; thence N. 89°39115" W. 220.0 feet; thence S. 00010130" W. 160.0 feet; thence S. 89°39'15" E.220.0 feet to the point of beginning; containing 0.91 acres, more or less; WHEREAS, said owners have requested that the above described lands be admitted to the City of Fort Collins and be included within the limits and jurisdiction thereof as an "A" Residence District, and WHEREAS, the Council of the City of Fort Collins has found that the petition and the documents thereto attached meet the requirements of Section 139-11-3, Colorado Revised Statutes, 1953. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS, that thi aforesaid petition be and the same is hereby accepted and that September 24, 1964, be and the same is hereby designated as the date for the hearing on an ordinance approving the annex ation of the above described territory and including the same within the limits and juris- diction of the City of Fort Collins, and to be included as a part of "A" Residence District; BE IT FURTHER RESOLVED that the City Clerk be and he is hereby ordered to publish notice of said petition and the date set for hearing on the ordinance approving the annex- ation in the Fort Collins Coloradoan, the official newspaper of the City, in the issues of such newspaper published August 18 and 25 and September 1 and 8, 1964, and that such notice be in words and figures as follows: "NOTICE OF PUBLIC HEARING WHOM IT MAY CONCERN: Notice is herewith given that a petition was presented on August 6, 1964, to the Council of the City of Fort Collins requesting that the following described land, situate inthe County of Larimer, State of Colorado, to -wit: Begin at a point N. 89039'15"' W. 130.0 feet from the East a Corner, Section 9-7-69 thence N. 00010'30" E. 180.0 feet; thence N. 89°39'15" W. 220.0 feet; thence S. 00010'30" W. 180.0 feet; thence S. 89°39'15" E. 220.0 feet to the point of begin- ning, containing 0.91 acres, more or less; be annexed and made a part of the City of Fort Collins and be included within the limits and jurisdiction thereof as an "A" Residence District. That said petition was signed by the owne of more than fifty per cent (50%) of the area and who comprise the majority of landowners residing in the area of said land. That said petition was accepted by the Council of the City of Fort Collins on August 13, 1964, and that hearing on an ordinance approving said annexation will be held in the Council Chambers in the City Hall in the City of Fort Collins Colorado, at the hour of 1:30 o'clock P.M. at a regular meeting of the Council to be held the 24th day of September, A. ". 1964. That the landowners of the area proposed to be annexed may express their opposi- tion to the annexation and secure an election by complying with the provisions of Colorado Revised Statutes,-1953, 139-11-4. Dated at Fort Collins, Colorado, this 13th day of August, A. D. 1964. /s/ Miles F. House City Clerk" Passed and adopted at a regular meeting of the Council held this 13th day of August, A. D. 1964. /s/ Harvey G. Johnson ATTEST: /s/ Miles F. House City Clerk 498 Motion was made by Councilman Colwell, seconded by Councilman McMillan, that this solution be adopted. Roll was called resulting as follows: Ayes: CouncilmenlJohnson, olwell, McMillan, and Councilwoman Quinn. Nayes: None. The President declared the motion d7pted. Absent: Councilman Guyer, excused. The following resolution was presented and read at length: RESOLUTION THE COUNCIL OF THE CITY OF FORT COLLINS'..APPROVING AN AGREEMENT WITH PAUL L STEFONIE A. HUTCHINSON PERMITTING USE OF WATER OUTSIDE THE CITY LIMITS INSON WHEREAS, an application was heretofore made to the City Council for permission o tap the water mains of the toter system of the City of Fort Collins by Paul L. Hutchinson nd Stefonie A. Hutchinson, and WHEREAS, under the provisions of Section 21-27 of the Code of Ordinances of the ity of Fort Collins no additional taps for new consumers outsidethe city limits lof the City f Fort Collins shall be'permitted, except as the City Council expressly provides for by esolution, and WHEREAS, the City Council has approved said application subject to the entering nto by said applicants of an agreement in connection with the granting of the application, nd WHEREAS, the City Attorney has prepared an agreement in accordance with the pol- cy heretofore adopted by the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that application of the above mentioned parties be and it is hereby approved. BE IT FURTHER RESOLVED that the City Manager be and he is hereby authorized and irected 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 13t1a day of ugust, A. D. 1964. /s/ Harvey G. Johnson Mayor TTEST Miles F. Y— Clerk Motion was madeby Councilman McMillan, seconded by Councilman Colwell, that this inance be adopted. Roll was called resulting as follows: Ayes: Councilmen Johnson, olwell, McMillan and Councilwoman Quinn. Absent: Councilman Guyer, excused. Nayes: None. he President declared the motion adopted. The following resolution was presented and read at length: RESOLUTION F THE COUNCIL OF THE CITY OF FORT COLLINS_: APPROVING AN AGREEMENT WITH EVERETT A. RIDDELL ND MAXINE D. RIDDELL PERMITTING USE OF WATER OUTSIDE THE CITY LIMITS WHEREAS, an application was heretofore made to the ity Council for 'permission o tap the water mains of the water system of the City of Fort Collins by Everett A. Riddell nd Maxine D. Riddell, and WHEREAS, under the provisions of Section 21-26 of the Code of Ordinances of the ity of Fort Collins no additional taps for new consumers outside the city limits of the ity of Fort Collins shall be permitted, except as the City Council expressly provides for y resolution, and WHEREAS, the City Council has approved said application subject to the entering nto by said applicants of an agreement in connection with the granting of the application, nd WHEREAS,t he City Attorney has prepared an agreement in accordance with the pol- ty heretofore adopted by the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that he application of the above mentioned parties be and it is hereby approved. BE IT FURTHER RESOLVED that the terms of the agreement pertaining thereto be and hey are hereby approved. BE IT FURTHER RESOLVED that the terms of the agreement pertaining thereto be and ;they are hereby approved. BE IT FURTHER RESOLVED that the City Manager beand he is hereby 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 13th day of August, A. D. 1964. 499 August 13_,�64 Is/ Harvey G. Johnson Mayor ATTEST: /s/ Miles F. House City Clerk Motion was made by Councilwoman Quinn, seconded by Councilman Colwell, that this resolution be adopted. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan and Councilwoman Quinn. Absent: Councilman Guyer, excused. Nayes: None. The President declared the motion adopted. The following resolution was presented and read at length: RESOLUTION OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING AN AGREEMENT WITH WOODWARD GOVERNOR COMPANY PERMITTING USE OF 'WATER OUTSIDE THE CITY LIMITS WHEREAS, an application was heretofore made to the City Council for permission to tap the water mains of the water system of the City of Fort Collins by Woodward Governor Company, and WHEREAS, under the provisions of Section 21-27 of the Code of Ordinances of the City of Fort Collins no additional taps for new consumers outside the city limits of the City of Fort Collins shall be permitted, except as the City Council expressly provides for by resolution, and WHEREAS, the City Council has approved said application subject to the entering i to by said aoplicatn of an agreement in connection with the granting of the application, and WHEREAS,t he City Attorney has prepared an agreement in accordance with the policy heretofore adopted by the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the application of the above mentioned party be and it is hereby approved. BE IT FURTHER RESOLVED that the terms of the agreement pertaining thereto be and they are hereby approved. BE IT FURTHER RESOLVED that the City Manager be and he is hereby authorized end directed to execute said agreement for and on behalf of the City of Fort Collins. Passed and a dop ed at a regular meeting of the City Council held this 13t1a day of August, A. D. 1964. /s/ Harvey G. Johnson Mayor ATTEST: /sl Miles F. House City Ulerk Motion was made by Councilman McMillan, seconded by Councilman Colwell, that this resolution be adopted. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan and Councilwoman Quinn. Absent: Councilman Guyer, excused. Nayes; None. The President declared the motion adopted. The following resolution was presented and read at length: RESOLUTION OF THE COUNCIL OF THE CITY OF FORT COLLINS GIVING PUBLIC NOTICE CONCERNITIG A PROPOSED ORDI- NANCE CHANGING THE ZONING MAP OF THE CITY OF FORT COLLINS AND AMENDING CHAPTER 19, CODE OF ORDINANCES OF THE CITY OF FORT COLLINS, COLORADO, 1958, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE WHEREAS, a petition has been presented to the City Council of the City of Fort Collins, requesting that the following described property, situate int he County of Larimer State of Colorado, to -wit: , A tract of land, located in the Southwest Quarter (SW4) of Section 18, Township 7 North, Range 68 West of the 6th P.M., in Larimer County, Colorado, being more particularly described as follows: Commencing at the Southwest Corner of said Section 18 and considering the West line of said SW4 as bearing North 00000'99" East; thence North 00°00100" East 160.00 feet; thence North 89°42'45" East parallel to the South line of said SW4 40.00 feet to the Easterly right-of-way line of Lemay Street, said point being the True Point of Beginning; thence continuing North 89°42'45" East 120.00 feet; thence South 00100100" West 129.00 feet to the Northerly right-of-way line of Prospe:et Street; thence South 89°42145" West along said right-of-way line 99.90 feet; thence long the arc of a 20 foot Radius curve to the right,t he long chord of which bears North 45,08140" West 28.36 feet; thence North 00°00100" East 99.90 feet along the Easterly right-of-way line of Lemay Street to the True Point of Deginning; 500 August 13, 1964 be changed from "A" Residence District to "D" Commercial District, and WHEREAS, Section 19-13 of the Zoning Ordinance provides that the City Council may, from time to time, on its own action, after public notice and hearing as provided by law, amend, supplement or change the regulations of said Zoning Ordinance, and TtEEREAS, the City Council is of the opinion that a change should be made in the Zoning Ordinance re-classifying a certain area of the City of Fort Collins asis more par- ticularly specified in the Notice of Public Hearing herein contained, and is further of the opinion that public notice of said proposed change should be given so that the public generally may have an opportunity to be heard. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that notice of public hearing concerning the proposed change shallbe ginen as provided by law at least fifteen (15) days prior tot he date of said hearing by the City Clerk stating the time and place of said hearing. BE IT FURTHER RESOLVED that September 3, 1964, at 1:30 P.M. shallbe the time for said public hearing and the Council Chamber in the City Hall of the City of Fort Collins shall be the place for said hearing. BE IT FURTHER RESOLVED that August 18 and 25 and September 1, 1964, shallbe the dates that publication of said notice be made in the Fort Collins Coloradoan, the official newspaper of the City of Fort Collins. BE IT FURTHER RESOLVED that notice shall be in words and figures as follows, to -wit: "NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN:? Notice is hereby given of a public hearing upon a proposed ordinance amending Chapter 19, Code of Ordinances of the City of Fort Collins, Colorado, 1958, as amended, commonly known as the Zoning Ordinance, changing the zoning map adopted by said ordinance so thatt he following described property, to -wit: A tract of land, located in the Southwest Quarter (SWI) of Section 18, 'Township 7 North, Range 68 West of the 6th P.M., in Larimer County, Colorado, being more particularly described as follows: Commencing at the Southwest Corner of said Section 18 and considering the West line of said Southwest Quarter as bearing North 00°00100" East; thence North 00000100" East 160.00 feet; thence North 89°42' 45" East parallel to the South line of said SW4 40.00 feet to the Easterly right- of-way line of Lemay Street, said point being the True Point of Beginning; thence continuing North 89042145" East 120.00 feet; thence South 00000100" West 120.00 feet to the Northerly right-of-way line of Prospect Street; thence South 89'42145" West along said Right-of-way line 99.90 feet; thence along the are of a 20 foot radius curve to the right, the long chord of which bears North 45008'40" West 28.36 feet;t hence North 00°00100" East 99:90 feet along -,the Easterly right-of- way line of Lemay Street to the True Point of Beginning; be changed from "A" Residence District to "D" Commercial District; said hearing shall be had in the Council Chambers in the City Hall of the City of Fort Collins on September 3, 1964, at the hour of 1:30 P.M., at which hearing parties in interest and citizens shall have an opportunity to be heard. Dated at Fort Collins, Colorado, this 13th day of August, A. D. 1964. /s/ Miles F. House City Clerk" Passed and adopted at a regular meeting of the City Council held this 13th day of August A. D. 1964. s/ Harvey G. Johnson ATTEST: L Miles F. House ity lerk Motion was made by Councilman Colwell, seconded by Councilman McMillan, that this resolution be adopted. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan and Councilwoman Quinn. Absent: Councilman Guyer, excused. Nayes: None. The President declared the motion adopted. The following petition was presented and read at length: City Council City of Fort Collins, Colorado Municipal Building PETITION Fort Collins, Colorado Dear Sirs and Madam: The undersigned, T. R. Blevins and Margaret S. Blevins, are the owners of the pro- perty at 620 'nest Prospect Street, more particularly descri-bed as Lots 9, 12, and 13 of Blevins Subdivision, according to Plat filed March 31, 1955, in the City of Fort Collins, would respectfully call the within matters to your attention: 501 August 13,�4 At the time that Special Improvement District No. 58 was established by the City Council and notice was given to the property owners the undersigned were away from Fort Collins. Improvements to the street were made by the undersigned att he request of Howard E. Evans, who was the City Engineer and who assured the undersigned that if said improve- ments were made that this would take care of their liability for improving Prospect Street where the same adjoins their property and that in case of any future assessments being levied in connection with the improvements that their property would be excluded. That in connection with the improvements they expenced the total sum of $665.08 which they were not obligated to expend and which they did expend under the assurance t here would only be one charge for the improvement andt hat their taking care of their obligation att he time it was t aken care of would be their final obligation. That copies of the bills paid in con- nection with said improvements are attached hereto. Accordingly, the undersigned petitioners respectfully submit to the City `'ouncil that the assessments which will be levied against their property should be cancelled. ! Respectfully yours, T. R. Blevins Margaret L. Blevine Mr. Blevins was present and explained the contents of his petition. There was considerable discussion relative to the paving of West Prospect under this Improvement District and the City Manager advised the Council that the 10 foot strip that Mr. Blevins had put in and paid for would not be assesssd to his property but that the 15 foot metal strip would be assessable because it is County road and has been rebuilt. in this district. It appears that the former City Engineer had made certain oral commitments in relation to the 10 foot paving and curb and gutter, and that according to Mr. Blevins, he stated that the would have no further assessments against his property for paving, however, there is nothing in writing in agreement thereof. After further discussion, motion was made by Councilman McMillan, seconded by Councilman Colwell, that the matter be tabled until the hearing on the assessment roll is held. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan and Councilwoman Quinn. Absent: Councilman Guyer, excused. Nayes: None. The President declared the motion adopted. The following letter was presented and read at length: August 4, 1964 To the Mayor and The City Council Fort Collins, Colorado entlemen: Would you please review the traffic hazard at the corner of College and Myrtle for traffic going East and West without the benefit of a light. Thank you. Sincerely, /s/ Jack Nicol Motion was made by Councilman Johnson, seconded by Councilman Colwell, that the le - ter be received and considered for study. Roll was called resulting as follows : Ayes: ouncilmen Johnson, Colwell, McMillan and Councilwoman Quinn. Absent: Councilman Guyer, used. Nayes: None. The President declared the motion adopted. The following letter was presented and read at length: August 3, 1964 Mr. Robert F. Boos City Manager An 8 inch C.I.P. water main was installed in 1961 by University Acres, Inc., in Stover Street, between Pi.tkin and Elizabeth Streets. At the time of doing this, it was agreed that the Subdivider would pay only the cost of a 6 inch line and the City would reimburse him for he extra costs incurred by installing the 8 inch main. Diff, in cost of 8" and 6" C.I.P. $ 0.83 Diff. in cost of laying 8" and 6" 0.06 0.89 per foot Length of pipe 1,200 feet I would recommend that University Acres, Inc., be reimbursed the amount of 1,068. rthe difference in cost betweenthe 6 inch and 8 inch water mains. 502 August 13, 1964 /a/ G. J. Weiss, City Engineer. The' CityaClerkrrb:ported that he had investigated the matter of what the City had paid University Acres, Inc., for the difference in the size of water main installed in University Acres, and that the claim of University Acres, Inc., in the difference in cost of the 8" C.T.P. water main installed in Stover Street, between Pitkin and Elizabeth had not been paid. Written recommendations of the City Engineer for reimbursements for the differ- ence in cost is in line for payment. Motion was made by Councilwoman Quinn, seconded by Councilman Colwell, that the recommendation of the City Engineer be approved. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan and Councilwoman Quinn. Absent: Councilman Guyer, excused. Nayes: None. The President declared the motion adopted. The following letter was presented and read at length: August 3, 1964 4r. Robert Boos, City Manager ity of Fort Collins Kunicipal Building Fort Collins, Colorado ar Mr. Boos: The Fort Collins Library Board has instructed me to give you their viaws concerni sposition of the firniture and equipment which is presently in the Library Auditorium will yiu know, it is presently comtemplated that the auditorium will be remodeled for use as children's department. After careful consideration of the whole question, it was the unanimous decision )f the board that we should make every effort to save as much money for the city of Fort ,ollins as possible. For this reason, it is our recom mendation that the furniture and ;quipment presently on hand be retained for possible trade-in on the new furniture and equipment which will be necessitated by the remodeling of the auditorium. Yours sincerely, /s/ Ronald H. Strahle Motion was made by Councilman Johnson, seconded by -Councilwoman Quinn that the natter be referred to the City Manager for investigation. Roll was called resulting as °ollows: Ayes: Councilmen Johnson, Colwell, McMillan and Councilwoman Quinn. Absent: ,ouncilman Guyer, excused. Nayes: None. The President declared the motion adopted. The following communication was presented and read at length: Chi Omega Sorority Chi Zeta Ft. Collins, Colo. August 13, 1964 ;ity Engineer " 't.Collins, Colorado )ear Mr. Weiss, Chi Zeta Corporation of Chi Omega Sorority asks for permission for a 212" water ;ap on Birch Street on the 6" main line. Since we were unaware of the necessity of this sanction, we would ask your coop - ;ration in approval of this request at todays meeting to expedite construction. Respectfully submitted, Chi Zeta Corporation /a/ by Emily A. Schack Chairman, House Board The size of the water tap requested in the above communication was questioned by members of the Council and inasmuch as the Building Inspector was unable to advise them the reason for the request for a 22" water tap, motion was made by Councilman Johnson, seconded by Council- man McMillan, that the request be tabled to next regular meeting for further investigation. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, aid Councilwoman Quinn. Absent: Councilman Guyer, excused. Nayes: None. The President de- clared the motion adopted. The following resolution was presented and read at length: RESOLUTION OF THE COUNCIL OF THE CITY OF FORT COLLINS LIMITING THE USE OF THE CITY ENGINEERLs OFFICE IN MAKING LOT SURVEYS, AMENDING THE PRICES CHARGED BY THE CITY FOR LOT SURVEYS, SIDEWALK SURVEYS AND CURB AND GUTTER SURVEYS, AND PROVIDING FOR A DEPOSIT FOR SURVEY WORK 503 August 13, 1964 WHEREAS, the `'ity Engineer has advised the City Council that the present charges for surveys by the City are not adequate to cover the Ci_ty's cost for doing such work, and WHEREAS, the City Engineer has further advised the City Council that in most cases registered engineers and surveyors are available to do survey work for which requests are made for use of the City crew for such purposes, and WHEREAS, the City Engineer has recommended new rates for making of surveys by the Engineering Department of the City of Fort Collins which will be adequate to cover the City' expenses in such matters. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the report of the City Engineer be and the same is hereby approved. BE IT FURTHER RESOLVED that the City Engineer's office shall not be available for the making of private lot surveys unless an immediate need is determined by the City 'Engine to exist for such purpose. BE.IT FURTHER RESOLVED that the following rates be and the same are hereby adopted, effective immediately, to -wit: All surveys, whether for lots, sidewalks, curb and gutter and/or driveways, shall be based upon the actual time of City Employees used in such work at the prevailing rate of pay for said men plus any materials and equpment rentals required for the work. Applications for survey work shall be made in the office of the City Engineer and before the work shall be undertaken by the City Engineer's off'ice a deposit shall be made based on the estimated cost by the City Engineer's office. Said deposit shall be applied to the cost of labor, materials and equipment rentals. Any balance remaining from the deposit shall be refunded promptly when the work is completed and if said deposit is not sufficient to cover the cost of such survey work the applicant for such work shall immediately pay such balance upon the completion of the work. Passed and adopted at a regular meeting of the City Council held this 13th day of ugust, A. D. 1964. ATTEST: s/ Har ayor es F. Hous erk G. Johnson Motion was made by Councilwoman Quinn, seconded by Councilman McMillan, that this resolution be adopted. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan and Councilwoman Quinn. Absent: Councilman Guyer, excused. Nayes: None. he President declared the motion adopted. The following resolution was presented and read at length: RESOLUTION OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING AN AGREEMENT TO BE ENTERED INTO WITH BARTRAN HOMES, INC., FOR THE SALE OF CERTAIN WATER RIGHTS TO THE CITY OF FORT COLLINS WHEREAS, Bartran Homes, Inc. have presented their petition to the City of Fort ollins forthe annexation of certain property to the City of Fort Collins, and WHEREAS, to comply with the requirements of furnishing water rights to the City of Fort Collins in accordance with the established policy of the City of Fort Collins it has been necessary for Bartran Homes, Inc. to acquire the necessary water rights for sale 'to the City of Fort Collins, and WHEREAS, Bartran Homes, Inc. Have heretofore acquired certain water rights which have been purchased by the City of Fort Collins and have further offered to acquire and sell to the City of Fort Collins two and one-half (22) shares of the capital stock of the Pleasant Valley and Lake Canal Company at a cost per share tothe City of Fort Collins of Two Thousand Four Hundred Dollars ($2,400.00) in full satisfaction of the requirements of water rights to be so furnished by Bartran Homes, Inc. in connection with the annexation of their lands, and WHEREAS, an agreement has been prepared by the City Attorney and approved by the City Manager pertaining to the acquisition of said water rights by'the City of Fort Collins, and WHEREAS, it is the opinion of the City Council that it will be for the best inter- ests of the City of Fort Collins for the City of Fort Collins to enter into said agreement with Bartran Homes, Inc. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the terms of said proposed agreement be and the same are hereby approved. BE IT FURTHER RESOLVED that the Mayor and City Clerk be and they are hereby auth- orized 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 13th day of August, A. D. 1964. n TTES'T : s/ Miles F. House 504 August 13, 1964 Motion was made by Councilman McMillan, seconded by Councilwoman Quinn, that this resolution be adopted. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan and Councilwoman Quinn. Absent: Councilman Guyer; excused. Nayes: No The President declared the motion adopted. The following resolution was presented and read at length: RESOLUTION OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING A PETITION FOR THE ANNEXATION OF THE COND FAIRVIEW "WEST" ANNEXATION TO THE CITY OF FORT COLLINS; SETTING THE DATE FOR HEARING ON AN ORDINANCE APPROVING THE ANNEXATION THEREOF; AND GIVING NOTICE THEREOF WHEREAS, heretofore on the 6th day of August, A. D. 1964, a written petitition was presented to the Council of the City of Fort Collins substantial compliance with the provisions of Colorado Revised Statutes, 1953, 139-11-3, by the owners of more than fifty per cent (50%) of the area and who comprise the majority of nandowners residing in the area of the following described land, situate in the County of Larimer, State of Colorado, to-wii Part of the S2 of Section 15, Towhship 7 North, Range 69 West of the 6th Principal Meridian, in the City of Fort Collins, County of Larimer, State of Colorado, contained within the boundary lines, which considering the South line of the SW4 of said Section 15 as bearing South 89°49130" East and with all other bearings contained herein relative thereto, is more particularly described as follows: Commencing at the SW corner of the SW4 of Section 15, Township 7 North, Range 69 West of the 6th P.M.; thence South 89°49' 3 0 " East along the South line of the SW4 of said'Section 15 a distance of 1,419.00 feet to the SW corner of the "First Fairview West Annexation"; thence North 00°32'00" West along the East line of "Miller Brothers South Foothills Subdivision, Fourth Filing", and also the West line of the "First Fairview West Annexation" a distance of 660.00 feet the Northeast corner of Lot 114, "Miller Brothers South Yoothills, Second Filing" and also the Northwest corner of the "First Fairview West Annexation", said point being the True Point of Beginningg; thence Nort.b 89149'30" West along the North line of said Lot 114, a distance of 131.89 feet the tye NW corner of said Lot 114; thence North 00°32100" West along the East line of "Miller Brothers South Foothills, First, Second and Third Filings and Park Area", a distance of 1,982.75 feet to a point on the center- line of Elizabeth Street, from which point the West 4 corner of Section 15 bears North 89°54123" West a distance of 1,287.00 feet, thence South 89054120" East along the North line of the SW4 of said Section 15 a distance of 1,370.36 feet to the NE corner of the SW-1 of said Section 15; thence South 89°40'23" East a distance of 9.80 feet to the NW corner of "The Fifth Fairview Annexation" to the City of Fort Collins; the nce South 00°08'33" West (Fairview West Bearing Datum), South 00°10'15l' East (Fairview Bearing Datum), along the West line of "The Fifth Fairview Annexation" a distance of 895.08 feet to the NW corner of "The Fourth Fairview Annexation"; thence again South 00009!33" West (Fairview West Bearing Datum), South 00010115" East (Fairview Bearing Datum), along the West line of "The Fourth Fairview Annexation" a distance of 1,089.52 feet; thence South 89018,25" East (Fairview West Bearing Datum), South 89°32'30" East (Fairview Bearing Datum) along "The Fourth Fairview Annexation" a distance of 132.00 feet; thence South 00009'33" West (Fairview West Bearing Datum), South 00010115" East (Fairview Bearing Datum)along the "The Fourth Fairview Annexation" a distance of 660.00 feet tot je centerline of Weat Prospect Street and the South line of the SE4 of said Sextion 15; thence North 89032130" West along the South line of the SE4 of said Section 15 a distance of 132.00 feet to the SE corner of the S141 of said Section 15; thence North 89°49130" West along the South line of the SW2 of said Section 15 a distance of 248.59 feet to the SE corner of the "First Fairview West Annexation", thence along the "First Fairview West Annexation" by the following courses and distances: thence North 12000100" West 139.39 feet; thence North 00024120" West 317.56 feet; thence North 091, 41130" West 178.22 feet; thence South 75°10130" West 165.94 feet;t hence South 14049130" East 27.37 feet;t hencd North 89°49130" West 199.91 feet;t hence South 00010'30" West 52.14 feet; thence South 82913'10" West 181.23 feet; thence along the arc of a curve to the left whose radius is 325.00 feet and whose chord bears Soth 10919120" East a dis- tance of 28.82 feet; thence South 77008'10" West 118.58 feet; thence South 00010130" ?west 42.69 feet; thence North 89°49'30" West 108.00 feet; thence Nort 00°10'30" East 10.00 feet; thence North 00°32'00" West 264.97 feet; thence North 89°49'30" West 174.89 feet to the True Point of Beginning; and WHEREAS,s=aid owners have requested that the'above described lands be admitted to the City of Fort Collins and be included within the limits and jurisdiction thereof as an "A" Residence District, and WHEREAS, the Council of the City of Fort Collins has found that the petition and the documents thereto attached meet the requirements of Section 139-11-3, Colorado Revised Statutes, 1953. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS, that the aforesaid petition be and the same is hereby accepted and that September 24, 1964, be and the same is hereby designated as the date for the hearing on an ordinance approving the annexation of the above described territory and including the seme within the limits and jurisdiction of the City of Fort Collins, and be included as a part of "A" Residence Dis- trict; BE IT FURTHER RESOLVED that the City Clerk be and he is hereby ordered to publish notice of said petition and the date set for hearing on the ordinance approving the annexa- tion inthe Fort Collins Coloradoan, the official newspaper of the City, in the issues of such newspaper published August 18 and 25, and September 1 and 8, 1964, and that such notice be in words and figures asefollows: 505 M "NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Notice is herewith given that a petition was presented on August 6, 1964, to the Council of the City of Fort Collins requesting that the followingdescribed land, situate in the County of Larimer,.State of Colorado, to -wit: Part of the S2 of Section 15, Towhship 7 North, Range 69 West of the 6th Principal Meridian, in the City of Fort Collins, County of Larimer, State of Colorado, con- tained within the boundary lines, which considering the South line of the SW4 of said Section 15 as bearing South 89°49130" East and with all other bearings contained herein relative thereto, is more particularly described as follows.: Commencing at the SW corner of the SW4 of Section 15, townshipD7 North, Range 69 West.of the 6th P.M.; thence South 89149130" East along the South line of the Sout West Quarter of said Section 15 a distance of 1,419.00 feet to the South- west corner of the "First Fairview West Annexation"; thence North 00032'00" West along the East line of "Miller Brothers South Foothills Subdivision, Fourth Filing", and also the "est line of the "First Fairview West Annexation" a distance of 660.00 feet to the Northeast corner of Lot 114, "Miller Brothers South Foothills, Fourth Filing" and also the Northwest corner of the "First Fairview West Annexation", said point being the True Point of Beginning; thence North 89°49930" West along the North line of said Lot 114, a distance of 131.89 feet to the NW corner of said Lot 114; thence North 00°32100" West along the East line of "Miller Brothers South Foothills, First, Second and Third Filings and Park Area", a distance of 1,982.75 feet to a point on the centerline of Elizabeth Street, from which point the ?lest 4 corner of said Section 15 bears North 89°54'23" West a distance of 1,287.00 feet, thence South 89054120" East along the North line of the SW4 of said Section 15 a distance of 1,370.36 feet to the NE corner of the SW4 of said Section 15; thence South 89040123" East a distance of 9.80 feet to the NW Corner of "The Fifth Fairview Annexation" to the City of Fort Collins; thence South_00008+33" West (Fairview West Bearing Datum), South 00°10'15" East (Fairview Bearing Datum), along the West line of "The Fifth Fairview Annexation" a distance of 895.08 feet to the NW corner of "The Fourth Fairview Annexation"; thence again South 00009'33" West (Fairview West Bearing Datum), South 00°10115" East (Fairview Bearing Datum), along the West line of "The Fourth Fairview Annexation" a cistance of 1,089.52 feet; thence South 89018'25" East (Fairview West Bearing Datum),South 89032,30" East (Fairview Bearing Datum) along "The Fourth Fairview Annexation" a distance of 132.00 feet; thence South 00°09'33" West (Fairview West Bearing Datum), South 00010,15" East (Fairview Bearing Datum) along "The Fourth Fairview Annex- ation" a distance of 660.00 feet to the centerline of West Prospect Street and the South line of the SE1 of said Section 15; thence North 89032130" West along the South line of the SE4 of said Section 15 a distance of 132.00 feet to the Southeast corner of the SW4 of said Section 15; thence North 89049130" West along the South line of the Southwest 4 of said Section 15 a distance of 248.59 feet to the SE corner of the "First Fairview West Annexation", thence along the "First Fairview West Annexation" by the following courses and distances: thence North 12100,00" West 139.39 feet; thence North 00°24'20" West 317.56 feet; thence North 09°41'30" West 178.22 feet; thence South 75010'30" West 165.94 feet; thence South 14049130" East 27.37 feet; thence North 89°49'30" West 199.91 feet; thence South 00°10'30" West 52.14 feet; thence South 82°13'10" West 181.23 feet; thence along the arc of a curve to the left whose radius is 325.00 feet and whose chord bears South 10019120" East a distance of 28.82 feet; thence South 77°08110" West 118.58 feet; thence South 00°10'30" West 42.69 feet; thence North89049130" West 108.00 feet; thence North 00°10'30" East 10.00 feet; thence North 00°32100" West 264-.97 feet; thence North 89049'30" West 174.89 feet to the True Point of Beginning; be annexed and made a parg of the City of Fort Collins and be included within the limits and jurisdiction thereof as an "A" Residence District. That said petition was signed by the owners of more than fifty per cent (50f) of the area and who comprise the majority of land- owners residing in the area of said land. That said petition was accepted by the Council of the City of Fort Collins on August 13, 1964, and that hearing on an ordinance approving said annexation will be held in the Council Chambers in the City Hall in the City of Fort Collins, Colorado, at the hour of 1:30 o'clock P.M. at a regular meeting of the Council to b held the 24th day of September, A. '. 1964. That the landowners of the area proposed to be be annexed may express their opposi- tion to the annexation and secure an election by complying with the provisions of Colorado Revised Statutes, 1953, 139-11-4. Dated at Fort Collins, Colorado,,this 13th day of August, A. D.1964. /s/ Miles F. House City Clerk" Passed and adopted at a regular meeting of the Council held this 13th day of Aug- st, A. D. 1964. G. Johnson TTEST: s/ Miles F. House ity Clerk Motion was made by Councilman Colwell, seconded by Councilman. McMillan, that this solution be adopted. Roll was called resulting as follows: Ayes: Councilmen Johnson, lwell, McMillan and Councilwoman Quinn. Absent: Councilman Guyer, excused. Nayes: None. President declared the motion adopted. 506 August 13 196U The City Attorney reported that he had drawn up an agreement for forwarding same to the Union Pacific Railroad Company in reference to the oil and mineral rights along the U.P. Railroad right of way as to the to ghth of obstruction that might be erected on.the right of way immediately adjacent to the airport land. The F.A.A. has reported that the bids can not be received and approved for the airport construction until the ageeement with the U.P. Railroad Company has been finalized, as to the erection of hazards adjacent to the field. Copies of the agreement sent to the U.P. Railroad Company were mailed to the F.A.A. Engineer in Denver, the Engineer's of Western Associates in Denver and the F.A.A. themselves Considerable discussion was held between members of the Gouncil as to the bird situation which is becoming more prevalent and bothering more locations in the City than it has pre- viously. Complaints are being made to the City Council in increasing numbers and the Council felt that the City has some moral liability to attempt to rid locations where these Starlings are roosting, if at all possible. Motion was made by Councilman Colwell, seconder by Councilwoman Quinn, that the City Manager be authorized to proceed to try shooting these birds in various locations in the City which are being used for roosting places by the Starling population. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan and Councilwoman Quinn. Absent: Councilman Guyer, excused. Nayes: Non The President declared the motion adopted. Motion was made by Councilwoman Quinn, seconded by Councilman Colwell, that the Council adjourn. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell McMillan and Councilwoman Quinn. Absent: Councilman Guyer, excused. Nayes: None. The President declared the motion adopted and the Council adjourned. ATTEST: w