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HomeMy WebLinkAboutMINUTES-04/25/1963-Regular19 Apxil_2,_] 96� MINUTES OF A REGULAR MEETING OF THE COUNCIL OF THE CITY OF FORT COLLINS, held Thursday, April 25, 1963, at 1:30 o'clock P.M. Present: Councilmen Honstein, Colwell, McMillan, Johnson and Councilwoman Quinn. City Manager Norris, City Attorney March and City Engineer Weiss. Motion was madeby Councilman Colwell, seconded by Councilwoman Quinn, that the reading of the minutes of the last regular meeting held April 18, 1963, be dispensed with. 0 Roll was called resulting as follows: Ayes: Councilmen Honstein, Colwell, McMillan, Johnson and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The application of B.P.O.E. #804, 140 East Oak Street, to the State of Colorado, for renewal of 3.2% beer license, was presented. Motion was made by Councilwoman Quinn, seconded by Councilman McMillan, that the Mayor and City Clerk be authorized to execute the approval of the licensing authority. Roll was called resulting as follows: Ayes: Council- men Honstein, Colwell, McMillan, Johnson and Councilwoman Quinn. Nayes: None. The Presi- dent declared the motion adopted. The application of B.P.O.E. #804, 140 East Oak Street, to the City for a renewal of a non -intoxicating malt liquor license, accompanied by the required license fee, was presented. Motion was made by Councilman Johnson, seconded by Councilman McMillan, that the license be granted subject to the issuance of the State license. Roll was called resulting as follows: Ayes: Councilmen Honstein, Colwell, McMillan, Johnson and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The following ordinance was presented on second reading: ORDINANCE NO. 13, 1963 AMENDING CHAPTER 19, CODE OF ORDINANCES OF THE CITY OF FORT COLLINS, COLORADO, 1958, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE, CHANGING LOT 11, IN BLOCK 91, IN THE CITY OF FORT COLLINS, COLORADO, EXCEPTING 25 FEET SQUARE IN THE NORTHEAST CORNER OF SAID LOT, FROM "C" RESIDENCE DISTRICT TO "D" COMMERCIAL DISTRICT Motion was made by Councilmen Honstein, seconded by Councilman Johnson, that Ordinance No. 13, 1963, be adopted and become a law upon passage. Roll was called result as follows: Ayes: Councilmen Honstein, Colwell, McMillan, Johnson and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The following ordinance was presented on second reading: ORDINANCE NO. 14, 1963 AMENDING CHAPTER 19, CODE OF ORDINANCES OF THE CITY OF FORT COLLINS, COLORADO, 1958, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE, CHANGING A PART OF THE SE QUARTER OF THE SW4 OF SECTION 14, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6TH P.M.; IN THE CITY OF FORT COLLINS, COLORADO, FROM "A" RESIDENCE DISTRICT TO "C" RESIDENCE DISTRICT the A petition containing signatures from 57 property owners who are not within/100 feet limit of the above property and 7 signatures of property owners who are within 100 feet of the proposed rezoning protesting the passage of the ordinance rezoning this property to "C" rezoning, was presented. Several of the property owners were in the audience and spoke regarding the matter. After discussion, motion was made by Councilman Johnson, seconded by Councilman Colwell, that the ordinance be tabled for one week for study of the protests and to allow the petitioner a chance to be present and present a rebuttal of the protests. Ro was called resulting as follows: Ayes: Councilmen Honstein, Colwell, McMillan, Johnson and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The following petition was presented and read at length: PETITION AND APPLICATION FOR REZONING STATE OF COLORADO) ) ss. COUNTY OF LARIMER) 20 TO THE CITY COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Gentlemen: We, the undersigned, being the owners of 50% of the following described property, situate in the City of Fort Collins, County of Larimer, State of Colorado, to -wit: Lots Twenty-seven (27) and Twenty-ei.g'itt (28), in Block Two Hundred Eighty-four (284), Subdivision of West Side Addition to the City of Fort Collins, Larimer County, Colorado; Containing 70' X 1721 acres, more or less, do respectfully petition and request that the City Council amend the zoning ordinance of the City of Fort Collins by changing said above described land from B resident zone to D Commercial zone. Respectfully submitted, /sl Luis Acosta Baez 509 N. Grant Fort Collins, Colorado STATE OF COLORADO) ) as. COUNTY OF JEFFERSON) The foregoing instument was acknowledged before me this 8th day of March, 1963 for the purposes therein set forth. By Luis Acosta Baez My commission expires 8-10-63 . Hellie otary Public ;,Note: Filing of a petition to rezone requires a deposit of $35.00 with the City Clerk to defray the cost of the amendment. Motion was made by Councilman McMillan, seconded by Councilman Colwell, that this petition be referred to the Planning and Zoning Board for their recommendation. Roll was called resulting as follows: Ayes: Councilmen Honstein, Colwell, McMillan, Johnson and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The City Manager reported on the results of the bidding on the sanitary sewer bids after they had been analyzed. The Main Line, Inc., of Longmont was the low bidder on the installation and Steele Lumber Company was the low bidder on the vitrified clay pipe, however, the Martin Marieta Company, distributors of concrete pipe, had presented a bid and a representative of this company was present and requested an audience with the Council to present his arguments for the uses of the concrete construction of the sewer. Mr. Dave Reese of the Prestressed Concrete Company of Colorado, Inc., spoke and presented a sales talk for the uses of concrete pipe. Mr. Don Lacy of the Clay Pipe Association was also present and presented his version of vitrified clay pipe, in the sewer construction. After some further discussion, motion was made by Councilman Johnson, seconded by Councilman Colwell, that the bids be deferred for further information and study. Roll was called re- sulting as follows: Ayes: Councilmen Honstein, Colwell, McMillan, Johnson and Council- woman Quinn. Nayes: None. The President declared the motion adopted. The following petition was presented and. read at length: PETITION TO THE CITY COUNCIL, DATED APRIL 25, 1963 Fort Collins, Colorado We, the undersigned residents of the area fronting on Orchard Place, Skyline Drive and Broadview, petition for relief from the conditions described below: 1. One or more heavy commercial trucks have been narked on the street in this area overnight and during most holiday periods for some mohths. 2. This, in effect, amounts to a violation of the zoning laws restricting this area for residential use. 3. Trucks of this size parked in the street restricts the vision of automobiles to an extent that constitutes a traffic hazard. This is particularly important because the Moore School is one one-half block away. Church is held in this building on Sundays. This results in heavy traffic both on Sunday and during the week. 4. Their weight is such that the paving in this area is beginning to break-up and show sirgns of having been used for purposes other than that for which it was intended. 21 April 25, 1963 5, In cold weather the engines of the trucks are run for long periods of time to warm up. This is a general nuisance both beca-use of the noise and because of the smoke and odor. 6. The unsightly appearance of these trucks parked in this.residential &action is a detriment to financial values. 7. The operator of these trucks has been asked to discontinue this practice, but has paid no attention to this request. NAME ADDRESS DATE James R. Stults 613 Skyline Dr. L/18/63 Bernice Stults 613 Skyline Dr. 4/18/63 Jeannine Opsal 621 Skyline Dr. 4/18/63 Jean Morbella 1845 Orchard P1. 4/18/63 John L. Morbella " 4/18/63 Donald K. Yost 1840 Ord.hard Pl. 4/18/63 Jeri Rains 1841 Orchard Pl. 4/18/63 Andy H. Cox 604 Skyline Dr. 4/18/63 R. G. Cox It I/ II 4/18/63 Virginia Shoemaker 612 Skyline Dr. " 4/16/63 Delbert Shoemaker Charles R. Pratt 1904 Orchard Pl. 4/18/63 4/18/63 Lois R. Pratt it It it 4/18/63 4/18/63 Franklin G. Schleicher 1908 Orchard P1. " it I' 4/18/63 Fern E. Schleicher Wm. P. Whitney 605 Skyline Dr. • 4/18/63 Mrs. Dorothy V. Whitney it ti it4/18/63 Dr. 4/18/63 Mrs. Lewis B. Thomas 601 Skyline P1. 4/19/63 Dennis Wilkins 1912 Orchard " it " 4/19/63 Mrs. Mildred Wilkins 621 Skyline Dr. 4/20/63 Phil Opsal Milton E. Bender •1916 Orchard Place it " " 4/20/63 420/63 Letha Bender Francis Reveillac 701 Skyline Dr. it It 114/23/63 4123/63 Lena Reveillac George Eacret 1832 Broadview Pl. 4/23/63 4/23/63 Dorothy Eacret Motion was made by Councilman McMillan, seconded by Councilman Colwell, that the matter be referredt o the City Manager and City Attorney for investigation and action. was called resulting as follows: Ayes: Councilmen Honstein, Colwell, McMillan, Johnson and Councilwoman Quinn. 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 APPOINTING DR. ROBERT M. LEE AND ROBERT G. OCHELTREE AS MEMBERS OF THE PLANNING AND ZONING BOARD WHEREAS, Section 1 of Article XIX of the Charter of the City of Fort Collins pro- vides that the Council shall appoint a Planning and Zoning Board, and WHEREAS, the terms of Dr. Robert M. Lee and Robert G. Ocheltree will expire April 22, 1963, and May 4, 1963, respectively, and WHEREAS, said members of the Planning and Zoning Board have indicated their will- ingness to continue to serve as members of said Board; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Dr. Robert M. Lee be, and he is hereby, re -appointed as a member of the Planning and Zoning Board to serve for a term of four (4) years commencing April 22, 1963; BE IT FURTHER RESOLVED that Robert G. Ocheltree be, and he is hereby, appointed as a member of the Planning and Zoning Board for a term of four (4) ,years with said term to commence May 4, 1963• Passed and adopted at a regular meeting of the City Council held this 25th day of April, A. D. 1963• /s/ C E. Honstein ATTEST: 1U,, .,._- /s/ Miles F, House City Clerk Motion was made by Councilwoman Quinn, seconded by Councilman Johnson, that this resolution be adopted. Roll was cal]e d resulting as follows: Ayes: Councilmen Honstein, Colwell, McMillan, Johnson and Councilwoman Quinn. 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 APPOINTING THE ZONING BOARD OF APPEALS 22 WHEREAS, Section 4 of Article 19 of the Charter of the City of Fort Collins pro- vides that the Council shall appoint the Zoning Board of Appeals, and WHEREAS, the term of office of the present members of the Zoning Board of Appeals expires on April 22, 1963, and WHEREAS, Section 1 of Article 4 of said Charter provides that the term of office of the members of the apoointive boards should be such as to achieve overlapping of tenure. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Byron Albert, Charles L. Rhoades, and Henry Hauser be and they are hereby appointed as members of the Zoning Board of Appeals for a term of four years, with such appointments to be effective as of April 22, A. D..1963. BE IT FURTHER RESOLVED that Albert P. Fischer and A. E. Oakes be and they are hereby appointed as members of the Zoning Board of Appeals for a term of two years, with such appointments to be effective as of April 22, A. D. 1963. Passed and adopted at a regular meeting of the City Council held this 25th day of April, A. D. 1963. C. E. Honst ATTEST: /s Miles F. House City Clerk Motion was made by Councilman McMillan, seconded by Councilman Honstein, that .this resolution be adopted. Roll was called resulting as follows: Ayes: Councilmen Honstein, Colwell, McMillan, Johnson and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The City Attorney advised the Council that he had prepared a resolution in refer- ence to the purchase of 62/100 second foot of water in the high mountains to the west of the Continental Divide, but that he wished to advise the Council as to certain legal matter: that might be connected with the purchase of this water. 1. In all probability, the water users of Grand County would sue for an injunction to prevent the City of Fort Collins from drawing the water from the western slope to the eastern slope and in that case, the matter might be drawn out for three or four years. He also stated that the matter of getting the water from the western slope to the Ctty of Fort be Collins would have to/done through Grand Lake and the Diversion Tunnel of the Northern Colo- rado Water Conservancy District, and definite committments should be made with the District for carrying this water before the City should take further steps for purchasing of same. He stated that wiho.ut a doubt that the title to.the water was clear and the owners had a marketable title to same, but the various legal matters might tend to make the water very costly which should be considered before making any committment for purchasing same. The following communication was presented and read at length: April 24, 1963 Mr. Jerry Weiss: City Engineer Fort Collins, Colorado Dear Sir: I wish to make application for a (611) six inch water tap for the Steele Grocery located at Howes & West Mountain Avenue. This is to be used for a sprinkling system and domestic use. Very truly Rodgers Plumbing & Heating /s/ Charles A. Rodgers Motion was made by Councilman Honstein, seconded by Councilwoman Quinn, that the ((request for the tap be approved. Roll was called resulting as follows: Ayes: Councilmen Honstein, Colwell, McMillan, Johnson and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The City Manager presented an estimated cost of flood lights on the baseball field,; lithe matter w hich was referred to him at the last meeting. The estimated construction cost 23 April 25, 1963 for a municipal field was $15,246.00, for a class "D" field $18,686.00, and the operation cost per season for an estimated 300 hour use -was $1,914.00 for a municipal field and $2,734.00 for a class "D" field. He reported that the construction cost would be borne by the Light and Power Department but that the operation cost would have to be paid from out- side sources in order to properly depreciate the construction cost and maintain the lights and pay the energy costs. Further study of this matter was suggested. Inasmuch as this was the third meeting for which Clyde E. Honstein was elected Mayor Pro Tem and it was the intention of the Council to elect a permanent mayor at this time, motion was made by Councilwoman Quinn, seconded by Councilman McMillan, that Harvey G. Johnson be elected Mayor of the City of Fort Collins. Roll was called resulting as follows: Ayes: Councilmen Honstein, Colwell, McMillan and Councilwoman Quinn. Nayes: None. The -President declared the motion adopted. Mayor Honstein called for the election of the Assistant Mayor. Motion was made by Councilman Colwell, seconded by Councilwoman Quinn, that Lawrence J. McMillan be elected Assistant Mayor of the City of Fort Collins. Roll was called resulting as follows: Ayes: Councilmen Honstein, Colwell, Johnson and Councilwoman Quinn. Nayes: None. 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 Honstein, Colwell, McMillan, Johnson and Councilwoman Quinn. Naves:- None. The President declared the motion adopted and the Council adjourned. T ' em Mayor Pry Tem ATTEST: City���