Loading...
HomeMy WebLinkAboutMINUTES-05/09/1963-Regular30 May 9, 1963 MINUTES OF A REGULAR MEETING OF THE COUNCIL OF THE CITY OF FORT COLLINS, held Thursday, May 9, 1963, at 1:30 o'clock P.M. Present: Councilmen Johnson, Colwell, McMillan, Honstein and Councilwoman Quinn. City Manager Norris, City Attorney March and City Engineer Weiss. Motion was made by Councilman Honstein, seconded by Councilwoman Quinn, that the reading of the minutes of the called meeting held May 6, 1963 and last regular meeting held May 2, 1963, be dispensed with. Roll was called resulting; as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Honstein and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The application of Solomon A. Schraeder and Mollie Schraeder, dba Sportsman's Bar, 210 Walnut Street, to the State of Colorado, for renewal of 3.2% beer license, was presented. Motion was made by Councilman McMillan, seconded by Councilman Honstein, that the Mayor and City Clerk be authorized to execute the approval of the licensing authority. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Honstein and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The application of Solomon A. Schraeder and Mollie Schraeder, dba Sportsman's Bar, 210 Walnut 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 McMillan, seconded by Councilman Honstein, that the license be granted subject to the issuance of the State license. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Honstein and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. I This being the date of the second reading of Ordinance No. 16, 1963, relating to the vacation of certain streets in University Shopping Center, the City Engineer advised the Council that the vacation ordinance should not be completed until certain easements ha been given to the City for utilities. The Attorney for the petitioners requested that the second reading of the ordinance be tabled for one week in order that they can present to t City Engineer the necessary easements. Motion was made by Councilman McMillan, seconded by Councilwoman Quinn, that the ordinance be tabled for one week. Roll was called resultin€ as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Honstein and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The following report was presented and read at length: May 8, 1963 Honorable Mayor and City Council City of Fort Collins Fort Collins, Colorado Gentlemen: At a meeting of the Planning and Zoning Board held May 7, 1963, a petition for the annexation of a parcel of land to be known as the Kramer Annexation was presented. A motion was duly passed that it be recommended to the City Council that the peti• tion be granted. Respectfully submitted, /s/Virgil Magerfleisch, Secretary Motion was made by Councilwoman Quinn, seconded by Councilman Colwell, that the recommendation of the Planning and Zoning Board be approved and the matter ber eferred to the City Attorney to prepare the necessary resolution and notice of hearing. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Honstein and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The following communication was presented and read at length: 31 May 8, 1963 Honorable Mayor and City Council City of Fort Collins Fort Collins, Colorado Gentlemen: At a meeting of the Planning and Zoning Board held May 7, 1963, a motion was duly passed that it be recommended to the City Council that consideration be given to the designation of bicycle routes in the City of Fort Collins. Respectfully submitted, /s/ Virgil Magerfleisch, Secretary Mr. James Guyer was present and requested that the Citizen's Advisory Committee requested that the matter be tabled for one week to allow them to present a map of the proposed routes. Motion was made by Councilman Colwell, seconded by Councilman Honstein, that the matter be tabled for one week . Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Honstein and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The following petition was presented and read at length: PETITION City Council, City of Fort Collins, A Municipal Corporation, Fort Collins, Colorado COMES NOW, Robert C. Fugate and Helen L. Fugate, by their attorney, William E. Smoke, and petitions as follows: That the above named parties are the owners of the following described real esta situate in the City of Fort Collins, County of Larimer, State of Colorado, described as follows, to -wit: Commencing at a point 11 feet West of the Northwest corner of Lot 5 in Block 4, in the City of Fort Collins, Colorado, thence East on the North line of said Lot 5, 50 feet, thence S. 6016t W. 100.6 feet to the South line of Lot 6 in said B106 4, thence West on the South line of said Lot 6, 50 feet to a point 22 feet West of the Southwest corner of said Lot 6, thence Northeasterly 100 feet to place of beginning, intending to convey a part of Lots 5 and 6 in said Block 4; also a strip of land vacated by the City of Fort Collins and adjacent to the West end of said lots 5 and 6, said strip'of land being 11 feet wide at the North end and 22 feet wide at the south end. and that on July 12, 1919 the Colorado Milling and Elevator Company, did, by Quit Claim Deed, deed to the City of Fort Collins, Colorado, a Municipal Corporation, recorded August 18, 1920, in Book 399, at Page 277 of Larimer County records, all that part, parcel, and portion of the certain Ditch or Mill Race known as the Mason and Hottel Mill Race and used to convev water for power purposes to the Lindell Mills. Said Mill Race, which has now since long been abandoned, apparently crossed a portion of Lots 5 ana Lot 6 in Block 4 of the City of Fort Collins, and that it is no longer in use in the point where said ditch crossed Lot 5 and Lot 6; and that on August 16, 1909, a portion of North College Avenue was vacated by Vacation Ordinance recorded December 28, 1948, in Book 866 at Page 182 of the Larimer County records and did by said vacation ordinance vacate a portion of north College Avenue that touches said lots on the West end; and that said vacation ordinance is not cleat to the petitioners. WHEREFORE, Petitioners pray that a resolution is hereby passed allowing the City of Fort Collins, a Municipal Corporation, to Deed by Quit Claim Deed to the Petitioners herein what right, title, and interest the City may have in the above described land by virtue of the ownership of the Mason and Hottel Mill Race and by virtue of any rights acquired prior to the vacation of said North College Avenue. Very respectfully submitted, /s/ William E. Smoke Robert U. Fugate and Helen L. Fugate, by their attorney, William E. Smoke. The City Attorney advised the Council that he would like to have a report from the\City Engineer in reference to this. The City. Engineer reported verbally that the City had no use whatever for that portion that was vacated on North College Avenue and that the Mason and Hottel Mill Race had been abandoned for years and that the City had no intere: in the portion that crosses Lot 5 and 6, Block 4 , City of Fort Collins. The City Attorney advised the Council that the matter should be referred for a quit claim deed . Motion was made by Councilman Honstein, seconded by Councilwoman Quinn, that the matter be referred to 32 May 9, 1963 the City Attorney to prepare a quit claim deed as petitioned. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Honstein 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 APPROVING AN AGREI:,MENT TO BE ENTERED INTO WITH MAINLINE, INC. FOR THE CONSTRUCTION OF SPRING CREEK SANITARY SEWER TRUNK LINE, EXTENSION NO, 1. WHEREAS, it is necessary to construct a sanitary sewertrunk line for the City of Fort Collins, Colorado, to be designated as the Spring Creek Sanitary Sewer Trunk Line, Extension No. 1, and WHEREAS, bids were called for pursuant to law, and WHEREAS, the lowest and best bid was submitted by Mainline, Inc. to construct sa sanitary sewer trunk line for a total sum of One Hundred Seventeen Thousand Nine Hundred Ninty Six and 30/100 Dollars ($117,996.30), subject to adjustments for alternates or var- iances in footage of various bid items, and WHEREAS, a contract has been prepared by the City Attorney in connection therewitt to be entered into by the City of Fort Collins and said contractor, and WHEREAS, it is the opinion of the City Council that awarding of said contract to Mainline, Inc. will be for the best interests of the City of Fort Collins. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the bid of Mainline, Inc. be and the same is hereby accepted. BE IT FURTHER RESOLVED that the Mayor and City Clerk be and they are hereby auth- orized and directed to execute said contract for and on behalf of the City of Fort Collins. Passed and adopted at a regular meeting of the Council held this 9th day of May, A. D. 1963. r ATTEST: /s/ Miles F. House City Clerk G. Johnson Motion was made by Councilman McMillan, seconded by Councilman Honstein, that thie resolution be adopted. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Honstein and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The City Attorney reported that the Light and Power Department have been attemptir to obtain a site for the construction of an additional substation in the southwest portion of the City. He advised the Council that the Miller Brothers Construction Company have offered to sell to the City the lot for the construction of this substation, but under the covenant restriction in the Miller Brothers Sixth Filing, these lots can only be used for residential purposes and it would be necessary for the Light and Power Department to obtain waivers from all the property owners in this subdivision, and inasmuch as the American Oil Company is the owner of Tract "A":in this subdivision, it would probably take from four to six months to obtain a waiver from them. Unless waivers were obtained from all of said property owners they could go to court and enjoin the City from constructing the substation and as the cost of the property and the substation equipment amounts to $50,000 to $60,000, the City Attorney hesitated to recommend that the City proceed with the purchase of the lot and erection of the substation. However, if waivers could be obtained from the owners of the residential lots in said subdivision, the City Attorney stated that he did not feel that the American Oil Company would attempt to enjoin the City from constructing said sub- station and would, in a period of time, file a waiver thereof. After discussion of the City Attorney's recommendation, motion was made by Councilman McMillan, seconded by Council- woman Quinn, that the matter be tabled for one week in order for the department to attempt to obtain waivers from the resident owners in said subdivision. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell; McMillan, Honstein and Councilwoman Quinn. 33 Nayes: None. The President declared the motion adopted. The City Attorney reported that he had prepared an ordinance amending the Code of Ordinances relating to water easements and sewer trunk line easements requested by the City Manager. He stated that he would like the Council to study the ordinance before having same presented for their consideration. Motion was made by Councilman Johnson, seconded by Councilman McMillan, that the presentation of the ordinance be tabled for one week to allow the Council to study the ordinance as drawn. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Honstein and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. Mrs. Phyllis Mattingly spoke in reference to the investigation that is being carried on in reference tothe Police Department, stating that she had confidence that the end results would be beneficial to the City of Port Collins. Councilman Honstein stated that he -wished to confirm the confidence of the Counci] in the City Manager in the matter of the investigation being carried on as requested by the Council in their meeting of Monday, May 6, 1963. The following recommendation was present- ed by the City Manager: May 9, 1963 Honorable Mayor & City Council In accordance with ,your request over half of the individual members of the police department have made statements concerning the internal affairs of the police department. I would be unfair to those who have not testified as of this date, to report a digest of findings. It is, therefore, requested that additional time be allotted for complete analysis of data colledted. /s/ Max L. Norris City Manager Motion was made by Councilman Colwell, seconded lby Councilman Honstein, that one weeks additional time be granted for a report of the City Manager for his investigation. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Honstein and Councilwoman Quinn. Nayes: None:. The President declared the motion adopted. Motion was made by Councilman Colwell, seconded by Councilwoman Quinn, that the Council adjourn. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell: McMillan, Honstein and Councilwoman Quinn. Nayes: None. The President declared the motio adopted and the Council adjourned. r ATTFCT-