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HomeMy WebLinkAboutMINUTES-09/05/1963-Regular123 Sap_t�emb e��,-1`lb-3 MINUTES OF A REGULAR MEETING OF THE COUNCIL OF THE CITY OF FORT COLLINS, held Thursday, September 5, 1963, at 1:30 otclock P.M. Present: Councilman Johnson, Colwell, McMillan, Honstein and Councilwoman Quinn. City Manager Boos, City Attorney March and City Engineer Weiss. Motion was made by Councilwoman Quinn, seconded by Councilman Colwell, that the reading of the minutes of the last regular meeting held August 22, 1963, be dispensed with. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Honsteil and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The application of Everett E. Truesdell dba Kayols Community Market, 400 North College, 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 re- sulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Honstein and Councilwoman Quinn. Nayes: None. The President declared.the motion adopted. The application of Everett E. Truesdell dba Kayols Community Market, 400 North College, 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, Second- ed 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. The following ordinance was presented on second reading: ORDINANCE NO. 27, 1963 BEING AN ORDINANCE AMENDING SECTION 22-64 OF THE CODE OF ORDINANCES OF THE CITY OF FORT COLLINS, COLORADO, 1958, AS AMENDED, RELATING TO LICENSE REQUIRED FOR CARE AND REMOVAL OF TREES Motion was made by Councilman McMillan, seconded by Councilman Colwell, that Ordi- nance No. 27, 1963, be adopted and become a law upon passage. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Honstein and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. This being the date of the hearing on the rezoning of a portion of Block 91, the City Clerk advised the Council that no written protests had been filed. The following ordi- nance was presented on first reading: ORDINANCE NO. 30, 1963 AMENDING CHAPTER 19, CODE OF ORDINANCES OF THE CITY OF FORT COLLINS, COLORADO, 1958, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE, CHANGING LOTS 12,13 and 14, BLOCK 91, CITY OF FORT COLLINS, COLORADO, FROM "C" RESIDENCE DISTRICT TO "D" COMMERCIAL DISTRICT Motion was made by Councilman Honstein, seconded by Councilwoman Quinn, that Ordi- nance No. 30, 1963, be considered favorably on first reading and ordered published this 5th day of September, A. D. 1963, and to be presented for final passage on the 26th day of Sept- ember, A. D. 1963. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Honstein and Councilwoman Quin n. Nayes: None. The President declared the motion adopted. This being the date of the hearing on the rezoning of the 400 block of Stuart Street, the City Clerk advised the Council that no written protests had been filed. The following ordinance was presented on first reading: ORDINANCE NO. 31, 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 SW4 OF THE NE4 OF NW4 OF SECTION 24, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE SIXTH P.M., AND LOTS 15, 16 and 17 OF THE SECOND ORCHARD PARK SUBDIVISION, IN THE CITY OF FORT COLLINS, COLORADO, FROM "B" RESIDENCE DISTRICT TO "A" RESIDENCE DISTRICT 124 S.e.p.t emhe�S,,-1_9b� Motion was made by Councilman Honstein, seconded by Councilwoman Quinn, that Ordi- nance No. 31, 1963, be considered favorably -on first reading and ordered published this 5th day of September, A. D. 1963, and to be presented for final passage on the 26th day of Sept- ember, A. D. 1963. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Honstein and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. Mr. Ben Olds was present and spoke in reference to the denial of his request. It appears that the portion of the discription of the original rezoning petition was in error and for this reason, the petition was denied. He requested the Council to consider that portion of the petition covering his property in the SE corner of Lot 12, Emights Subdivis- ion, as this portion of the discription for rezoning was correct. After discussion, motion was made by Councilman Honstein, seconded by Councilwoman Quinn, that the matter of rezoning his property, as described in the above rezoning, be referred to the City Attorney -to prepare the necessary resolution and notice of hearing. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colvell, McMillan, Honstein and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The following report was considered and read at length: September 4, 1963 (Honorable Mayor and City Council City of Fort Collins Fort Collins, Colorado Gentlemen: At the meeting of the Planning and Zoning Board held September 3, 1963, a petition for the rezoning of the South 150 feet of the East 150 ft., lot 12, Emigh's Subdivision from C to D was presented. A motion was duly passed that it be recommended to the City Council that the peti- tion be denied. /s/ Virgil Magerfleisch Secretary amended Wendel B. King has filed m/petition for rezoning property which was incorrectly described in the original petition. Motion was made by Councilman Honstein, seconded by Council woman Quinn, that the amended petition be accepted and referred to the City Atto 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 petition was presented and read at length: PETITION AND APPLICATION FOR REZONING STATE OF COLORADO) - _ .. ) as. COUNTY OF LARIMER) 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: Beginning 1501 west of SE cor of Lot 12, Emigh's Subdivision, Fort Collins, Colo- rado, thence W 911 N to -a point 2701 S of N line of said lot, thence E 911 to a point which is 1501 west of the corner of said lot 12. (Together with an easement over the E 6t of the property adjoining immediately to the west as recorded in Book 723, page.4448 of the Larimer County Deed Records.) Containing one-half 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 des- cribed land from "C" zone to "D" zone. Respectfully submitted, /s/ Wendell B. King Elizabeth J. King STATE OF COLORADO) ) as. COUNTY OF LARIMER) 125 The foregoing instrument was acknowledged before me this 5th day of September, 1963 By Wendell B. King for the purposes therein set forth. My commission expires December 10, 1966. (SEAL) /s/ Esther Lee Jebens _ Notary Public irNote: Filing of a petition to rezone requires a deposit of 635.00 with the City Clerk to defray the cost of the amendment. 1. The following report was presented and read at length: September 4, 1963 Honorable Mayor and City Council City of Fort Collins Fort Collins, Colorado Gentlemen: At the meeting of the Planning and Zoning Board held September 3, 1963, a petition for the rezoning of Lots 11 to 34, Bristol Subdivision was presented to the Board. A motion was duly passed that it be recommended to the City Council that the peti- tion be denied. /s/ Virgil Magerfleisch Secretary Motion was made by Councilman McMillan, seomded by Councilman Colwell, that the recommendation of the Planning and Zoning Board be accepted and t he -petition be denied. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Honsteit and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The following report was presented and read at; length: September 4, 1963 Honorable Mayor and City Council City of Fort Collins Fort Collins, Colorado Gentlemen: At the meeting of the Planning and Zoning Board held September 3, 1963, a petition for the rezoning of the west half of Block 53, from B to D was presented. A motion was duly passed that it be recommended tot he City Council that the peti- tion be favorably considered. /s/ Virgil Magerfleisch Secretary Motion was made by Councilwoman Quinn, seconded by Councilman Honstein, that the report of the Planning and Zoning Board be accepted and the petition be referred to t he City Attorney to prepare the necessary resolution and notice of hearing. Roll was called result- ing as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Honstein and Council woman Quinn. Nayes: None. The President declared the motion adopted. The following report was presented and read at length: September 4, 1963 Honorable Mayor and City Council City of Fort Collins Fort Collins, Colorado At the meeting of the Plan ping and Zoning Board held September 3, 1963, a petitiot for the annexation of.a parcel of land to be known as the West Mulberry First Annexation was presented. A motion was duly passed that it be recommended to the City Council that the peti- tion be favorably considered. /s/ Virgil Magerfleisch Secretary This being an amended petition for annexation, as requested by the City Council, motion was*made by Councilman McMillan, seconded by Councilwoman Quinn, that the recommenda- tion of the Planning and Zoning Board be accepted and the petition referred to the City Attorney to prepare the necessary resolution and notice of hearing. Roll was called result- ing as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Honstein and Councilwoman , Nayes: None. The President declared the motion adopted. 126 S.egi emher--5_,�19b3 The following petition was presented and read at length: PETITION AND APPLICATION FOR REZONING STATE OF COLORADO) ) as. COUNTY OF LARIMER) 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: Lot 1 of Lesser's Subdivision in the City of Fort Collins, Colorado, according to Plat filed May 8, 1947, except the North 50t thereof. Containing one-half acres, move 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 des- cribed land from B zone to D zone. Respectfully submitted, /s/ R. E. Carlson D. R. Tapparo ATE OF COLORADO) ) ss. UNTY OF LARIMER) The foregoing instrument was acknowledged before me this 23rd day of August, 1963. By R. E. Carlson and D. R. Tapparo My commission expires April 13, 1965. /s/ Olive W. Faulkner II Notary 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 Honstein, that the matter be referred to the Planning and Zoning Board for their recommendation. Roll was call- ed resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Honstein and Council- woman 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.`- 0 THE CITY COUNCIL OF THE CITY OF FORT COLLINS, COLORADO entlemen: We, the undersigned, being the owners of 100% of the following described property, situate in the City of Fort Collins, County of Larimer, State of Colorado, to -wit: Lots 25, 26, 27, 28, 29, 30, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, Columbine Court Second Subdivision; Lots 1, 2, 3, 4, Columbine Court Third Subdivision; First Filing, and Lots 5, 6, 7, 8, Columbine Court Third Subdivision, Second Filin according to the recorded plats thereof; Containing three (3) 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 des- cribed land from "A" zone to "B" zone. Respectfully submitted, R. G. Connors, Sr. Thelma I. Stout Leo E. Thyfault William J. Boehnke Glennys Y. Thyfault Ida R. Boehnke Roy D. Stout STATE OF COLORADO) ss. COUNTY OF LARIMER) The foregoing instrument was acknowledged before me this day of August By R. G. Connors, Sr., Leo'E. Thyfault, Glennys Y. Thyfault, Roy D. Stout, Thelma I. Stout, for the purposes therin set forth. William J. Boehnke, and Ida R. Boehnke. My commission expires 10-5-64. /s/ Gene E. Fischer Notary 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. 127 A petition in support of the rezoning from residents and citizens inthe vicinity of the property described in the rezoning petition was presented containing the signatures of 21 property owners, was presented. Motion was made by Councilman McMillan, seconded by Councilman Colwell, that the petition be referred.to the Planning and Zoning Board for their recommendation. 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 AND APPLICATION FOR REZONING STATE OF COLORADO) ) ss. COUNTY OF LARIMER) TO THE CITY COUNCIL OF THE CITY OF FORT COLLINS; COLORADO Gentlemen: We, the undersigned, being the owners of 50% of the following described proprty situate in the City of Fort Collins, County of Larimer, State of Col (aado, to -wit: West 2 Block 184, Fort Collins, Colorado Containing .75 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 "C" Residence zone to "D" Commercial zone. Jacob Hoffman Sam Rein Laura Poor STATE OF COLORADO) COUNTY OF LARIMER) 430 Stover St. 426 Stover 406 Stover ss. Respectfully submitted, /s/ C. R. Yancey Levers G. Feltch Eva Wagner E. R. McClure 416 Stover 715 E. Magnolia 402 Stover The foregoing instrument was acknowledged before me this 29th day of August, 1963 By C. R. Yancey for the purposes therein set forth. My commission expires April 3, 1966. /s/ Robert G. Baker Notary Public *Note: Filing of a petition to rezone requires a deposit of $35.00 with the City Clerk to d efray t he cost of the amendment. Motion was made by Councilwoman Quinn, seconded by Councilman Honstein, that this be referred to the Planning and Zoning Board for their recommendation. Roll was called re- sulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Honstein and Council- woman Quinn. Nayes: None. The President declared the motion adopted. The following petition was presented and read at length: PETITION AND APPLICATION FOR ANNEXATION STATE OF COLORADO) ) ss. COUNTY OF LARIMER) CITY COUNCIL OF THE CITY OF FORT COLLINS FORT COLLINS, COLORADO "GENTLEMEN: WHEREAS, We the undersigned are the owners of more than 50% of the area and com- prise t he majority of land owners residing in the area which is described as situate inthe County of Larimer, State of Colorado, to -wit: A tract of land situate in the Northwest 4 of Section 25, Township 7 North, Range 69 'nest of the Sixth P.M., ''arimer County, Colorado, which considering the North line of Said Northeast4 as bearing N. 89045' E. and with all bearings contained herein relative thereto, is contained within the boundary lines which begin at a point which bears N. 890 451 E. 200.00 feet from the Northwest corner of said Section 25 and run thence S. 00'00145" E. 190.00 feet; thence N. 89045' E. 100.00 feet; thence N. 00000145" W. 190.00 feet; thence S. 89045' W. 100.00 feet to the point of beginning; containing 0.4.362 acres, more or less. 128 September 5, 1963 AND WHEREAS, said lands are contiguous with the City Limits of the City of Fort Collins, Colorado, and more than one -sixth of the aggregate external boundries of said lands coincide with the existing boundries of the City of Fort Collins, and WHEREAS, a plat of said lands has been prepared in accordance with the provisions of the Colorado State Statutes and the Ordinances of the City of Fort Collins, 4 copies of which said plat is herewith submitted, NOW, THEREFORE, it is respectfully petitioned that said plat comprising the above described lands be accepted and ap proved, pproved, that the territory embraced therein, to be known as the Thunderbird Estates Fourth Annexation to the City of Fort Collins, Colorado be includ- ed within the limits and jurisdiction of the City of Fort Collins, Colorado, and further that said lands be included in the "D" Commercial zone under the zoning -Ordinance of the City of Fort Collins. Dated at Fort Collins, Colorado, this 5th day of September, 1963, A. D. Respectfully submitted: Kwik-Chek Realty Inc. /a/ By K. Bill Tiley STATE OF COLORADO) ) ss. COUNTY OF LARIMER) The foregoing instrument was acknowledged before me this 5th day of September, 1963. By K. Bill Tiley for the purposes therein set forth. My commission expires August 28, 1965. /s/;:.Jean 0. Hadley Notary Public 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 Johnson,.Colwell, McMillan, Honstein and Councilwoman Quinn. Napes: None. The President declared the motion adopted. The following petition was presented and read at length: PETITION AND APPLICARON FOR ANNEXATION STATE OF COLORADO) ) as. COUNTY OF LARIMER) CITY COUNCIL OF THE CITY OF FORT COLLINS FORT COLLTNS, COLORADO GEENT LEMEN : WHEREAS, We the undersigned are the owners of more than 50% of the area and com- prise the majority of land owners residing in the area which is described as situate in the County of Larimer, State of Colorado, to -wit: Beginning at a point on the East line of County Road R/wi which point bears N. 89°08t East 30 feet from the West 4 corner 18-7-68 thence North 150 feet thence East 1215.92• feet, thence South 150 feet, thence West 1215.92 feet to point of beginning; Containing 4.2.acres, more or less. AND WHEREAS, said lands are contiguous with the City Limits of the City of Fort Collins, Colorado, and more than one -sixth of"the aggregate external boundaries of said lands coincide with the existing boundaries of the City of Fort Collins, and WHEREAS,.a plat of said lands has been prepared in accordance with the provisions of the Colorado State Statutes and the Ordinances of the City of Fort Collins, 4 copies of j which said plat is herewith submitted. NOW, THEREFORE, it is respectfully petitioned that said plat comprising the above described lands, be accepted and approved, that the territory embraced therein, to be known as the First Betz Annexation to the City of Fort Collins, Colorado be included within the limits and jurisdiction of the City of Fort Collins, Colorado, and further that said lands be included in the "A" zone undert he zoning Ordinance of the City of Fort CdlLins . Dated at Fort Collins, Colorado, this 5th day of September, 1963, A. D:. Respectfully submitted: /s/ E. R. Betz /s/ Helen I Betz STATE OF COLORADO) COUNTY OF LARIMER) The foregoing instrument was acknowledged before me this 5th day of Sept. 1963. By E. R. Betz and Helen I. Betz 129 Se�p tembej�_5 —1963 for the purposes therein set forth. My commission expires Feb. 1, 1966. Is/ Dale L. Fletcher Notary Public 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 wqs 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 COMMENDING WILLIAM F. WIDDOWS FOR HIS SERVICES AS ACTING CITY MANAGER WHEREAS, William F. Widdows was appointed acting City Manager of the City of Fort Collins, by resolution adopted on May 16, 1963; and WHEREAS, the said William F. Widdows cheerfully and willingly undertook the duties and obligations of such position and ably managed the affairs of said office until the selec• tion of a City Manager; and WHEREAS, it is the opinion of the City Council that the manner in which the said William F. Widdows conducted the affairs of the office of City Manager should be officially recognized; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS, that William F. Widdows be and he is hereby commended for his services to the City of Fort Collin: as acting City Manager from May 16, 1963, to September 1, 1963; BE IT FURTHER RESOLVED that this commendation be spread upon the minutes of the City Council, and that a certified copy of the within resolution be delivered to the said William F. Widdows. Passed and adopted at a regular meeting of the Council held this 5th day of Sept- ember, A. D. 1963. Is/ Harvey G. Johnson Mayor ATTEST: I/ Miles F. House City Clerk Motion was made by Councilman Johnson, seconded by Councilman McMillan, that this resolution be adopted. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Honstein and Councilwoman Quinn. Nay es: None. The President declared the motion adopted. The following petition was presented and read at length: August 30, 1963 We the undersigned, home -owners and residents of the immediate vicinity of the intersection of Crestmore Place and Bryan Avenue, do hereby petition the City of Fort Collins to erect stop sigt1s atsaid intersection of Crestmore Place and Bryan Avenue for purposes of safety and convenience to pedestrians and motorists traversing the intersection. In the best interests of the citizens, we ask for a four-way stop intersection. If a four- way stop is not feasible we ask that stop signs be erected on `Crestmore Place to stop cars travelling on Crestlmore Place. Joseph A. Elder Saidie M. Elder. Margaret A. Steward Owen B. Steward Wilbur K. Sapp Nancy L. Maxwell Axel R. Olson Jack L. Burgess Rachel Burgess Kay A. Jebens Robe °t Hansen Katherine Schwartz Phillip B. Kern C. H. Mimms Lola Mimms Glen Niswender 521 S. Brysn 519 S. Bryan 1612 Crestmore P1. 525 S. Bryan 605 So. Bryan 609 So. Bryan Leon West Wayne West Grant Bishop Mrs. Rodger Peter Mrs. Wm. Ball Mr. & Mrs. Elmo Jordan Mr. Hobert Reeve Mr. & Mrs. Robert Lohry Mr. & Mrs. Jim G. Berry Dr. & Mrs. Joe Morgan Jake Miller, Irene Savage Henry Hein 611 S. Bryan 621 Cook Dr. 523 S. Bryan 1624 Crestmore P1 Mr. Joseph Elder of 521 South Bryan Street spoke in reference to this request, explaining the reasons thereof, and requested immediate consideration. Motion was made by ouncilman McMillan, seconded by Councilman Colwell, that this be referred to the City 130 SeLpt_emb�r r for investigation and report. Roll was called resulting as follows: Ayes: Council Johnson, Colwell, McMillan, Honstein and Councilwoman Quinn. .Nayes: None. The Presi- nt declared the motion adopted. The matter of the resolution prohibiting truck traffic on LeMay Avenue, was brough up to the Coumcil by a group consisting of truckers and.farmers previously using LeMay Avenu entrance to the business district of the City. Protesting the crossing of this street for truck use. Among those present and speaking in protest were Mr. Roland Weitzel, Ray Nauta, Stewart of the Stewart Hay and Grain Company, Fred R. McClanahan of the East Side Lumber and mpany,Aiar..6 d Johnson and Harold Asmus, farmers. The Council informed them that they were trying to find a solution to the routing of trucks which would not cause undue noise in the spital zone. Several of the citizens on Stover Street, which the trucks are now using or a truck route, complained of the use as such, stating that it was a hazard to the stude f Junior High and the truckers claimed that with the stop streets, etc., it was costly to hem to use this route. During the discussion, it appears that the speed limit for traffic sat the Hospital should be reduced. Motion was made by Councilman McMillan, seconded by ouncilman Honstein, that the City Attorney be instructed to prepare an ordinance reducing he speed limit past the Hospital on LeMay Avenue to 15 miles per hour. Roll was called esulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Honstein and Council - Quinn. Nayes: None. The President declared the motion adopted. Inasmuch as the above ordinance would not relieve the matter as protested by the truckers, and after considerable discus sion, motion was made by Councilman McMillan, second ad by Counclman Honstein, that the resolution of August 22, 1963, be rescinded and become null and void. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, illan, Honstein and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The group protesting also called attention to the condition of the road on LeMay venue in front of the County Hospital and requested repairs to same. Motion was made by ouncilman McMillan, seconded by Councilman Honstein, that the matter be referred to the Ci anager to work out a solution concerning the condition of the road in front of the County ospital. 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 report was presented and read at length: City Engineer's Office September 5, 1963 Mr. Robert Boos, City Manager City of Fort.Collins, Colorado Dear Sir: The item of Traffic Safety for children attending the new Bennett School.on South Shields Street, was referred to me at the last regular City Council meeting. I have conferred with the County Commissioners, Poudre District R-1 Officials and with many parents of the students. The County Commissioners will go along with whatever decision the City wishes to ma6 for better traffic control in the area. The County has furnished the gravel which was place( the edges of the road, for temporary sidewalks. The School District officials said that once the City has established what they feel is the safest route, they will fully cooperate in requiring the children to use this route. The Street Department crews have cleaned the borrow pit area on the South side of West Prospect and the West side of South Shields, gravel has been placed in these areas and the mailboxes have been moved out so that the children have room to walk behind them. In areas where no mailboxes exist, intermittent guard plsts have been set up to show the child- ren where to walk. Crosswalks have been painted on all sides of the 4 way stop at Shields and Prospect, and across Shields where Lake Street intersects. School signs have been along 131 installed on Shields Street at both the North and South approachesto the school entrance. A portable stop sign has been made up and is currently requiring all tr'a.ffic tostop as. it hits the crosswalk at Lake'Street. This sign is taken from the center of the road after sftol hours and placed there the following morning before school starts. I would recommend that all children living on the North side of Prospect walk along the North side and those living on the South side walk along the South side to the intersection of Shields and Prospect and that they all crass Shields at this location. They should all walk along the west side of Shields which will take them directly into the school. There are only a few children who live on Lake Street that would need to cross Shields at Lake. I would recommend that a school safety patrol help them cross Shields by use of the portable stop Sign. I would also recommend that a four way flashing red light be installed at the intersection of Shields and Prospect and that it be on a timer so that it would be flashing during any period school children would be crossing. The four way Stop Signs require all traffic to stop at all times, but the flashing red would be an extra precautionto alert the motorists of a school crossing. I feel the flashing red light at this location would be a safer rossing for the children than a regular traffic signal, since the cars could legall3 drive through the intersection at 30 M.P.H. from two directions at one time, where the flash- ing red light with the stop signs would require them all to come to a full stop. An alternate solution to this problem would be the installation of a push button traffic light similiar to the one at Lincoln Junior,High, across Prospect adja cent to Shealy Drive and another light across Shields adjacent to the Bennett School entrance. These lights would cost about $6,000,00 compared to $1,000.00 for the single flashing light and I do not feel they would make the route any safer for the children. Yours very truly, /a/ G. J. Weiss City Engineer.. Mr. I. K. Boltz, Superintendent of Schools, was present and spoke 'regarding the cooperation the school district would give in reference to the above question. After dis- cussion, motion was made by Councilwoman Quinn, seconded by Councilmen Honstein, that the report of the City Engineer be approved and the City Manager be instructed to proceed with such recommendations.. 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 ordinance was presented and read at length: ORDINANCE NO. 32, 1963 ING A WATER BOARD After discussion, motion was made by Councilwoman Quinn, seconded by Councilman tein, that Ordinance No. 32, 1963, be considered favorably on first reading and ordered published this 5th day of September, A. D. 1963, to be presented for final passage on the day of September, A. D. 1963. 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 advised the Council that he had prepared a memorandum of agree- t in reference to the application of Mr. Jacoby Kovner for an outside water tap, but that Mr. Kovner did not have any water rights to offer the City, or stock as required. Mr. Kov was present and advised the Council that he did not know where he could purchase an Horse - tooth water or ditch stock but would attempt to acquire some. Mayor Johnson, advised Mr. Kovner to get in touch with'him and he might be able to furnish him with information where such could be furnished. Tflmis being the date of the hearing on the Edwin G. Brown Annexation, the City Clerk advised the Council that no written protests or counter petition had been filed. The following ordinance was presented on first reading: ORDINANCE NO. 33, 1963 ACCEPTING AND APPROVIIG THE PLAT OF WHAT IS KNOWN AS HE EDWIN G. BROWN ANNEXATION TO THE C OF FORT COLLINS, COLORADO, AND AUTHORIZING THE ANNEXATION OF ALL THE TERRITORY EMBRACED IN SAID PLAT TO THE CITY OF FORT COLLINS AND TO BE INCLUDED WITHIN THE LIMITS AND JURISDICTION THEREOF, PURSUANT TO THE AUTHORITY CONTAINED IN ARTICLE 119 CHAPTER 139, COLORADO REVISED STATUTES, 1953• 1-32 Motion was made by Councilman McMillan, seconded by Councilman Colwell, that Ordi- nance No. 33, 1963, be considered favorably on first reading and ordered published this 5th day of September, A. D. 1963, and to be presented for final passage on the 26th day of Sept- ember, A. D. 1963. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Honstein and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The Director of Finance presented the following resolution verbally, explaining that the Rocky Mountain Bank and Trust Company had inquired w`_thin they could have some of the business of the City and had been informed of the necessary steps to be taken in refer- ence to the securities necessary to cover the deposits of the City in their bank. He advised the Council that a' -custody receipt covering the securities had been filed with the City for the amount as requested. RESOLUTION OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE DIRECTOR OF FINANCE TO DEPOSIT CITY FUNDS IN THE ROCKY MOUNTAIN BANK AND TRUST COMPANY WHEREAS, Section 11, Article V, of the Charter of the City of Fort Collins, pro- vides that the cash balances of the City shall be deposited in such banks of the City as the Council by resolution shall determine, and WHEREAS,.said bank can and will meet the requirements of the City of Fort Collins in conn action with the deposit of City funds in such bank. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the Director of Finance be and he is hereby authorized to deposit City funds in the Rocky Mountain Bank and Trust Company. Passed and adopted gt a regular meeting of the City Council held this 5th day of September, A. D. 1963. /a/ Harvey G.-Johnson Mayor ATTEST: /s/ Miles F. House City Ulerk Motion was made by Councilman Johnson, seconded by Councilman Honstein, that the resolution be tabled to next weeks meeting and the Director of Finance be instructed to file a written report regarding the request to deposit funds in the Rock Mountain Bank and Trust Company. 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 presented a release of a lien for the bridge assessments against Lot 21 of the Griffin Re -Subdivision, instructing the City Clerk to execute the release, providing the assessments had been paid. The City Attorney presented the following resolution approving the application by the City for 75 acre foot units of water in the Northern Colorado Water Conservancy Dis- trict. RESOLUTION OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING THE APPLICATION BY THE CITY OF FORT COLLINS FOR THE TEMPORARY USE OF SEVENTY-FIVE ACRE FOOT UNITS OF WATER OF THE NORTHERN COLORADO WATER CONSERVANCY DISTRICT WHEREAS, the City of Fort Collins has acquired or is acquiring seventy-five acre foot units of water of the Northern Colorado Water conservancy District, and WHEREAS, the Board of Directors of the Northern Colorado Water Conservancy Dis- trict require that the City of Fort Collins enter into temporary use permit agreements with said District for the transfer of said water, and WHEREAS, the Northern Colorado Water Conservancy District has submitted appropriat forms of temporary use permit agreements to be entered into by the City of Fort Collins, and WHEREAS, the charge by the Northern Colorado Water Conservancy District for the u of said.Water is at the rate of Three Dollars ($3.00) per acre foot, and 133 S e of emb e�r_5,_126 3 WHEREAS, the terms of the temporary use permit agreements as submitted by the Northern Colorado Water Conservancy District have been approved by the City Attorney. NOW, THEREFORE, BE IT RESOLVEb BY THE COUNCIL OF THE CITY OF FORT COLLINS that the terms of the proposed temporary use permit agreements be and they hereby are'approved. BE IT FURTHER RESOLVED that the Mayor and City Clerk be a nd they, hereby are auth- orized and directed to apply for the temporary use of said seventy-five acre feet of water by entering into the temporary use permit agreements with the Northern Colorado Water Con- servancy District. Passed and a dopted at a regular meeting of the Council held this 5th day of September, A. D. 1963. /s/ Harvey G. Johnson Mayor ATTEST: /s/ Miles F. House City Clerk Motion was made by Councilman Colwell, seconded by Council man McMillan , that thi: resolution be adopted. Roll wqs called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Honstein and Councilwoman Quinn. Nayes: None. The President declared Ilthe motion adopted. The City Attorney advised the Council that he had written an acceptance of the offer of Mrs. Nellie Eaton of Greeley for 160 units of water of Northern Colorado Water Dis- trict at $60.00 per acre foot unit and instructed the Council's approval of this acceptance. Motion was made by Councilman Johnson, seconded by Councilman Colwell, that the action of the City Attorney be approved. Roll was called resulting as follows: Ayes: Councilmen Johnson Colwell, McMillan, Honstein and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. _ Mr. Rex Wells, Attorney for the proposed West Fort Collins Water District, was pre- sent and presented a memorandum or agreement for the sale of water to the district by the City of Fort Collins. The City Attorney explained the terms of the agreement but advised the Council that he did not approve certain sections of this agreement and that before any action should be taken on approving .the agreement for sale of water, that the sections dis- puted by him, should be negotiated by thq Water District in order that he could approve the agreement for Council action. . The City Attorney reported to the Council that the plaintiff'in the old Roselawn suit had requested an agreement for settlement and thatthe Attorney's for the cemetery and the Golf Association were not agreeable to made any settlement on same. The City Attorney reported that he had received a request from the Police Depart - to activate a license for bicycles in order that they could pring under control the bicycle traffic, aswell as the owners of stolen bicycles.. During the discussion, the matter of the license fee was brought up and it was recommended that a license fee of $1.50 be placed thereon. After further discussion, motion was made by Councilman McMillan, seconded by Councilwoman Quinn, that the City Attorney prepare an amendment to the traffic code ensing bicycles $1.50 fee. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, Mc Millan, Honstein and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The followin communication was presented and read at length: August 23, 1963 City Council 300 La Porte Avenue Fort Collins, Colorado ntlemen: On or about the 12th day of August, 1963, sewage fromthe City operated and maintain d sewer system in the alley to the rear of 645 South Whitcomb Street was stopped up causing ewage to be deposited in the basement of my home at that address. Such stoppage also causes 134 September 5_,1963 sewage back-up in several other homes int he neighborhood. I w as caused damage of approximately $400.00 due to costs of fumigating, disinfec ing and renov a:-.ting my basement. Damage was done to the wall-to-wall carpeting and it had to -be removed, cleaned and disinfected. Several suitcases were water -marked and damaged as was a record player. Many valuable documents such as passports, visas, photographs and other papers were-rdned by water. Please consider this a claim for damage int he amount of $400.00. Your prompt att ention to this matter will be greatly apreciated. Very truly yours, /s/ Adel S. Kamal Motion was made by Councilman McMillan, seconded by Councilman Colwell, that this referred to tha City Attorney and the City Engineer was instructed to prepare a report in reference thereto for the City Attorney. Roll was called resulting as follows: Ayes: ilmen Johnson, Colwell, McMillan, Honstein and Councilwoman Quinn. Nayes: None. The sident declared the motion adopted. The following communication was presented and read at length: September 5, 1963 To the Fort Collns City Council, The undersigned requests permission to construct a Humble Oil Company Service tation on the North West Corner of the street intersection of College Avenue and '-Drake oad, which property is in the City Limits and in a D Commercial Zone, or on Tract A of the niversity Shopping Center. Sincerely, /s/Harley Tiley I also have a plot plan showing -their request for curb cuts. /a/ G. J. Weiss After discussion, motion was made by Councilman Colwell, seconded by Councilman :olwell, that the request for permission to construct an 01.1 Company Service Station on a ,ollege Avenue and Drake Road be approved and/permit be issued. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Honstein and Councilwoman Quinn. ayes: None. The President declared the motion adopted. The following communication was presented and read at length: 4r. G. J. Weiss August 30, 1963 ;ity Engineer ?ort Collins, Colorado Reference: Millers-Rexall Store, Fort Collins, Colorado Located on College Avenue and Mulberry Street ar Sir: n reference to the above store which we now have under construction, we wish to submit pplication for water and sewer tap: e are inquiring a 6" tap into the existing water main on Remington Street. The sewer is a " line joining existing line in alley. Also, would you send us costs of above items; such as water tap fee, sewer tap fee, water meth charge, etc. e sincerely thank you for the cooperation your department has shown us on the above project, f questions arise on the above, please contact us, incerely yours, IVONI CONSTRUCTION COMPANY s/ Phillip H. Christensen ice President The City Engineer presented a plat for curb cuts on Remington Street and College nue for the parking facilities for the Miller-Rexall store and he was instructed to req ertain changes be made in the curb cuts as requested. The following communication was presented and read at length: 135 SPntembe�5s—la September 3, 1963 Fort Collins City Manager Municipal Building Fort Collins, Colorado Dear Sir: A group of land owners and residents in the vicinity of Highlander Heights and the lower Spring Creek area have asked me to represent them in their attempt to alleviate a filthy and unsanitary condition which presently exists in their neighborhood. As you know, a pumping station has existed for some years near Prospect Street, south of Highlander Heights, for the purpose of pumping sewage tothe Fort Collins Disposal Plant. My clients tell me that for considerable period, estimated to be about three weeks, this pumping station has been inoperative, and the raw effluent has been allowed to flow into Spring Creek without treatment of any kind. This, of course, means that the sewage from a considerable part of Fort Collins has been allowed to excape into this small stream in a wholly untreated state. Recently, when some of my clients became aware of it, this situation was called to the city's attention and on Friday, August 30, a few workmen were seen around the pumping plant, but the pumps were not turned on. Apparently the city employees were more concerned with the three day tabor Day weekend than with the correctioncf this illegal and unhel)Lthful situation, since the sewage was allowed to run unchecked on Saturday, Sunday and Monday, with no apparent attempt to stop it. Although my clients don't wish to cause unnecessay diffuculty or unpleasantness to the City, or to any of its employees, they cannot permit this situation to continue. I have b een instructed to bring this matter to the attention of the city this last time, prior to notifying the State Department of Health and initiating whatever legal measures may be appropriate to put an immediate stop to this dangerously unhealthy condition. I would appreciate hearing at your earliest possible convenience what steps the city proposes to take, and when we may expect action. Yours sincerely, /s/ Ronald H. Strahle The City Engineer advised the Council that the sewage dumping on Spring Creek was due to the fact that the pumps on Stover Street and East Prospect pumping station had failed and it was necessary to install new pumps. He advised the Council that the installa- tion of the new pumps should be completed within the next day or so. The City Attorney advised the Council that Mr. Edwin Miller had offered the City of Fort Collins 62 shares of Arthur Ditch water at $80.00 per share. Motion was made by Councilman McMillan, seconded by Councilman Honstein, that the offer of Mr. Miller be accept ad and the City Attorney be instructed to prepare the necessary resolution of agreement of purchase. 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 advised the Council that the Public Utilities Commission of the City of Greeley was attempting to obtain control and jurisdiction of the water rights that the Cities of Colorado charge outside of City water users. He stated that he had received an urgent telephone call from the City Attorney of Thornton requesting the City of Fort Collins to enter into a protest with a number of cities in the State in reference to the jurisdiction under -the P.U.C. over water rights charged by the Cities. He stated that he had advised the City Attorney of Thornton that the City of Fort Collins would participate and requested the Council's approval of his action. Motion was made by Councilman McMillan, seconded by Councilwoman Quinn, that the Council approve the action taken by the City Attor- ney in reference to participation in the protest against the P.U.C. jurisdiction of water rights of the cities. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Honstein and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The Highlander Heights Ninth Subdivision plat was presented for approval. Motion was made by Councilman McMillan, seconded by Council woman Quinn, that the plat be referred to the Planning and Zoning Board for their recommendation. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Honstein and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. 136 September 5. 1963 The following petition for annexation was presented and read at length: PETITION AND APPLICATION FOR ANNEXATION To the City Council of the City of Fort Collins Fort C ollins, Colorado Gentlemen: Whereas, the undersigned are the sole owners of the following described lands situate in the.County of Larimer, State of Colorado, to -wit: A part of the Southwest Quarter(SW4) of Section 18, Township 7.North, Range 68 West of the 6th Principal Meridian in the County of Larimer, State of Colorado, contained within the boundary lines as shown, con- sidering the East line of said Southwest Quarter (SW4) to bear North 00003150"'West with all bearings contained herein relative thereto: Commencing at the southeast corner of the Northeast Quarter (NE4) of the Southwest Quarter (SW4) of said Section 18, said corner being the True Point of Begin ning and also the'Northeast corner of the Prospect Estate Subdivision as platted and recorded int he office of the County Clerk and Recorder of Larimer County, Colorado; . Thence South 89028100" West along ' -the North line of said Prospect Estates Subdivision a distance of 291.97 feet to a point on the East line of the Fourth Highlander Heights Annexation as filed in the Office of the County Clerk and Recorder, Larimer County, Colorado; Thence North 00°03150" East along the East line of said Fourth Highlander Heights Annexation, a distance of 810.41 feet; Thence South 63157'25" East 323.13 feet to a point on the East line of the Southwest Quarter (SW4) of said Section 18; Thence South 00°03'50" East along the East line of the Southwest Quarter (SW4) of said Section 18 a distance of 665.82 feet to the True Point of Beginning. Containing 4.9 acres more or less. Itnd whereas, said lands are contiguous to the City of Fort Collins, Colorado, to the required extent, and Whereas, a plat of said lands has been prepared in accordance with the Colorado State Statutes and the provisions of the Ordinances of the City of Fort Collins, which plat is submitted herewith. Now, therefore, it is respectfully petitioned that said plat, comprising the above described lands be accepted and approved, and that the territory embraced therein, to be known as the Highlander Heights Sixth Annexation to the City of Fort Collins, be annexed to and made a part of the City of Fort Collins, Colorado, and included within the limits and jurisdiction thereof and classified as "C" Residential property. The applicants for themselves and their associates covenant and agree for them- selves and their grantees, to and with the City of Fort Collins, that upon acceptance of. this application and petition that it is expressly covenant and agree that they will be bound by and will observe and obey all ordinances in force and effect at the time of accept• ance of said annexation petition, repecting the installation of local public improvements. Dated at Fort Collins, Colorado, this 5th day of September, A. D. 1963. STATE OF COLORADO ss. COUNTY OF LARIMER Clvde E. Honstain /s/ Clara Honstein The foregoing instrument was acknowledged before me this 5th day of September, 1963, by Clyde E. Honstein and Clara Honstein. Witness my hand and official seal. My commission expires June 13th, 1964.. (SEAL) Notary Public Motion was made by Councilman McMillan, seconded by Councilwoman Quinn, that this ition be*referred to the Planning and Zoning Board for their recommendation. Roll was led resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Honstein and ncilwoman Quinn. Nayes: None. The President declared the motion adopted. Motion was made by Councilwoman Quinn, seconded by Councilman Johnson, that the ncil adjourn until Wednesday, September 11, 1963. Roll was called resulting as follows: s: Councilmen Johnson, Colwell, McMillan, Honstein and Councilwoman Quinn. Nayes: None,. The President declared the motion adopted and the Council adjourned to Wednesday, September 11, 1963, at 1:30 o+clock P.M.