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HomeMy WebLinkAboutMINUTES-09/11/1963-Adjourned13 Seat-emEer l"_1963 MINUTES' .09 AN:'AIDJOURNED MEETING OF THE COUNCIL OF THE CITY OF FORT COLLINS, held Wednesday, September 11, 1963, at 1:30 o'clock P.M. Present: Councilmen Johnson, McMillan,-Honstein and Councilwoman Quinn. City Manager Boos, City Attorney March and City Engineer Weiss. Absent: Councilman Colwell, excused. Motion was made by Councilwoman Quinn, seconded by Councilman Honstein, that all matters set for September 12, 1963, be continued to September 19, 1963. Roll was called resulting as follows: Ayes: Councilmen -Johnson, Honstein and Councilwoman Quinn, Absent: Councilmen Colwell and McMillan, excused. Nayes: None. The President declared the motion adopted. The following report was presented and read at length: September 11, 1963 City Council Fort Collins, Colo. As per your request, I am furnishing you data to support my request -for the desig- nation of the Rocky Mountain Bank & Trust Co., as a depository of City funds. "Article V. Section 11. Deposit of Public Funds. The cash balance of the City shall be deposited in such banks of the City and with such security as the council by resolution shall determine, without discrimination and equal lyyas far as possible." The officers of theabove bank a pproached the Director of Finance to determine what was necessary to obtain a portion of the City funds for deposit. The Director advised them that there were certain funds available for transfer to their bank if securities were placed in escrow or under Custody Receipt to cover the deposits made. It was determied that government securities in the amoung of $50,000 plus the $10,000 FDIC insurance would be sufficient at this time to cover the funds available for transf6r;. The bank presented the Director of Finance with a Custody Receipt of the Central Bank and Trust Company of Denver covering $45,000.00 in U.S. Treasury Bills, 4 @ $10,000.00 Nos. 11009490Z493 and 1 @ $5,000.00 No. 235934• In the opinion of the Director of Finance these securities are valid for this purpose and was accepted by him subject to satisfaction of the bank as a de- pository for City Funds. With these securities and the FDIC insurance the Director of Finance can deposit up to $49,400 under the law. As of September 5th the deposits of the bank were $484,639.82 with a Capital Structure of $500,000.00. The Director of Finance therefore requests approval of the resolution of designa- tion. /s/ Miles F. House City Clerk and Director of inance Motion was made by Councilwoman Quinn, seconded by Councilman Honsitein, that the port of the Director of Finance be accepted and -the following resolution be -adopted. Roll s called resulting as follows: Ayes: Councilmen Johnson, Honstein and Councilwoman Quinn. bsent: Councilmen Colwell and McMillan, excused. Nayes: None. The President declared he motion adopted. RESOLUTION F THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE DIRECTOR OF FINANCE TO DEPOSIT ITY FUNDS IN THE ROCKY MOUNTAIN BANK AND TRUST COMPANY Councilman McMillan reported as present. The following resolution was presented and read at length: RESOLUTION THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING A PETITION FOR THE ANNEXATION OF THE T MULBERRY FIRST ANNEXATION TO THE CITY OF FORT COLLINS; SETTING THE DATE FOR HEARING ON ORDINANCE APPROVING THE ANNEXATION THEREOF; AND -GIVING NOTICE THEREOF WHEREAS, heretofore on -the 5th day of September, A. D. 1963, a written petition s presented to the Council of the City of Fort Collins insubstantial compliance with the ovisions of Colorado Revised Statutes, 1953, 139-11-3, by the owners of more than fifty r cent (50%) of the area and who comprise the majority of landowners residing in the area the following described land, situate int he County of Larimer, State of Colorado, to -wit: A portion of the Nz of Section 16, Township 7 North, Range 69 West of the 6th P.M., County of Larimer, State of Colorado, which considering the North line of said Section 16 as bearing N. 89035130" W. and with all bearings contained herein relative thereto 138 is contained within the boundary lines which begin at a point which bears N. 89°35130" W. 1485.00 feet from the NE corner of said Section 16 and run thence S. 00025' E. 1320.00 feet; thence N. 89035130" W. 2475.00 feet; thence N. 00°25' W. 1320.00 feet; thence S. 89035130" E. 330.00 feet; thence N. 00°25' W. 147.506 feet; thence S. 89035'30" E. 330.00 feet; thence N. 00025' W. 512.494 feet to a point on the North line of said Section 16; thence S. 89035'30" E. 476.54 feet; thence S. 00°10'15" E. 962.00 feet; along the Westerly boundary of Maxwell's Second Annexation to the City of Fort Collins, Colorado; thence S. 89035130" E. 220.00 feet; thence N. 00°10'l5" W. 962.00 feet; -thence S. 89035130" E. 29346 feet; thence S. 00°25' E. 514.00 Met; thence S. A903513011 E. 330.00 feet; thence N. 00025' W. 514.00 feet; thence S. 89035130" E. 165.00 feet to the.point of beginning; and September 11, 1963 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 peti tion 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 acc6p.tedednd that October 24, 19630 be and the same is hereby designated as the da to for the hearing on an ordinance approving the anre ration of the above described territory and including the same wi.thin'the limts and jurisdic. tion 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 annexa- tion in the Fort Collins Coloradoan, the official newspaper of the City, in the issues of such newspaper published September 17 and 24, and October 1 and 8, 1963, and that such notice be in words and figures.as follows: "NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: . Notice is herewith given that a petition was presented on September 5, 1963, to the Council of the City of Fort Collins requesting that the following described land, sit- uate in the County of Larimer, State of Colorado, to -wit: A portion of the N2 of Section 16, Township 7 North, Range 69 West of the 6th P.M., County of Larimer, State of Colorado, which considering the North line of said Section 16 as bearing N. 89035130" W. and with all bearings contained herein relative thereto is contained within the boundary lines which begin at a point which bears N. 89035130" W. 1485.00 feet from the NE corner of said Section 16 and run thence S. 00025' E. 1320.00 feet; thence N. 89°35'30" W. 2475.00 feet; thence N. 00°25' W. 1320.00 feet; thence S. 89°35'30" E. 330.00.feet; thence N. 00°25' W. 147.506 feet; thence S. 89035130" E. 330.00 feet; thence N. 00°25' W. 512.494 feet to a point on the North line of said Section 16; thence S. 89035130" E. 476.54 feet; thence S. 00010'15" E. 962.00 feet along the Westerly boundary of Maxwell's Second Annexation to the City of Fort Collins, Colorado; thence S. 89°35'30"'E. 220.00 feet; thence N. 00*10115" W. 962.00 feet; thence S. 89035130" E. 293.46 feet; thence S. 00°25' E. 514.00 feet; thence S. 89°35'30" E. 330.00 feet; thence N. 00°25' W. 514.00 feet; thence S. 89035130" E. 165.00 feet to the point of beginning; 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 own ers of more than fifty per cent (50/3 of the area and who comprise the majority of landowner residing in the area of said land. That said petition was accepted by the Council of the City of Fort Collins on September 11, 1963, 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 October, A. D. 1963. 11 That the landowners of the area proposed to be annexed may express their opposi- ktevised ion to the annexation and secure an election by complying with the provisions of Colorado Statutes, 1953, 139-11-4. Dated at Fort. Collins, Colorado, this llth day of September, A. D. 1963. /s/ Miles F. H ouse Y City Clerk" Motion was made by Councilman McMillan, seconded by Councilwoman Quinn, that this resolution be adopted. Roll was called resulting as follows: Ayes: Councilmen Johnson, 139 September 11, 1963 McMillan, Honstein and Councilwoman Quinn. A-bsent: Councilman Colwell, 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 CONCERNING 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 in the County of Larimer State of Colorado, to -wit: Beginning 150 feet West of the SE corner of Lot 12, Emigh's Subdivision, Fort Collins, Colorado, thence W. 91 feet, thence N. to a point 270 feet S. of the North line of said lot, thence E. 91 feet, thence S. to the point of beginning; a The South 150 feet of the East 150 feet of Lot 12, Emigh's Subdivision, Fort Collins, Colorado; be changed from "C" 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 WHEREAS, 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 as is more parti- cularly specified inthe 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 gener- ally 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 shall be given as provided by law at least fifteen (15) days prior to the date of said hearing by the City Clerk stating the time and place of said hearing. BE IT FURTHER RESOLVED that October 3, 1963, at 1:30 P.M. shall be 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 September 17 and 24, 1963, and October 1, 1963, shall be 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-witJ: "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 Ordim nces of the City of Fort Collins, Colorado, 1958, as amended, com- monly known as the Zonin, Ordinance, changing the zoning map adopted by said ordinance so that the following described property, to -wit: Beginning 150 feet -West of the SE corner of Lot 12, Emigh's Subdivision, Fort Collins, Colorado, thence W. 91 feet, thence N. to a point 270 feet S. of the Nortt line of said lot, thence E. 91 feet, thence S. to a point of beginning; and The South 150 feet of the East 150 feet of Lot 12, Emigh's Subdivision, Fort Collins, Colorado; Be changed from "C" Residence District to "D" Commercial District; said hearing shall be had in the Council Chamber in the City Hall of the City of Fort Collins on October 3, 1963, at the hour of 1:30 P.M. at which hearing parties in interest and citizens shall have an oppor- tunity to be heard. Dated at Fort Collins, Colorado, this llth day of September, A. D. 1963. Isl Miles F. House City Clerk" Passed and adopted at an adjourned meeting of the Council held this llth day of ptember, A. D. 1963. /s/ Harvey G. Job Mayor ATTEST: Lsl Miles F. House Motion was made by Councilman Honstein, seconded by Councilman McMillan, that this solution be adopted. Roll was called resulting as follows: Ayes: Councilmen Johnson, llan,Honstein and Councilwoman Quinn. Absent: Councilman Colwell, excused. Nayes: None. The President declared the motion adopted. 140 September 11, 1963 The following resolution was presented and read at length: RESOLUTION OF THE COUNCIL OF THE CITY OF FORT COLLINS GIVING PUBLIC NOTICE CONCERNING A PROPOSED ORDr- NANCE CHANGING THE ZONING MAP OF THE CITY OF FORT COLLINS AND AMENDING CHAPTER 19, CODE CF ORDINANCES OF THE CITY OF FORT COLLINS, COLORAD09 1958, AS M ENDED, 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 in the County of Larimer, Sta e of Colorado, to -wit: WZ of Block 53, in the City of Fort Collins, Colorado; be changed from "B" 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 WHEREAS, 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 as is more parti- cularly specified in the Notice of Public Hearing herein contained, and is further of the opinion that public notice of said proposed change should be givEnso 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 shall be given as provided by law at least fifteen (15) days prior to the date of said hearing by the City Clerk stating the time and place of said hearing. BE IT FURTHER RESOLVED that October 3, 1963, at 1:30 P.M. shall be 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 September 17 and 24, 1963, and October 1, 1963, shall be 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 publlc 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 that the following described property, to -wit: W2 of Block 53, in the City of Fort Collins; be changed from "B" Residence District to "D" Commercial District; said hearing shall be Thad in the Council Chamber in the City Hall of the City of Fort Collins on October 3, 1963, 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 llth day of September, A. D. 1963. /s/ Miles F. House City Clerk" Passed and adopted at an adjourned meeting of the Council held this llth day of September, A. D. 1963. /s/ Harvey G. Johnson Mayor 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 Johnson, McMillan, Honstein and Councilwoman Quinn. Absent: Councilman Colwell, excused. Nayes; None. The President declared the motion adopted. The following communication was presented and read at length: Ft. Collins, Colo. September 110 1963 City of Ft. Collins, Colorado Engineering Dept. Dear Sir: Please find attached an application for a water tap.for a parcel of ground whlh lies in the Northeast corner of Section 16, Township 7 North, Range 69 West of the 6th P.M. We will 141 also need a 6" sewert ap to accommodate an apartment house of approximately 30 units. I am familiar with the policy of the City of Ft. Collins in wanting to -acquire water rights and this property does have a fractional share of Pleasant -Valley and Lake Canal which ai am willing to allow the City to purchase from me at the going price and as soon as the property is developed to the point that the water right is no longer needed on the land in question. I would appreciate an answer to this request at your earliest convenience so that plans can be completed and construction can progmss at a satisfactory point before cold weather sets in. Yours very truly, /s/ Alvin L. Miller 1316 Birch St. Ft. Collins, Colo. Application of a Non -Resident for a Temporary Revocable Permit to Take Water from the Fort Collins. Colorado. Svstem of Water Works Beginning at the N ortheast Corner of Section 16, Township 7 North, Range 69 West of the 6th P.M., thence West 165 ft., South 425.64 ft., South 62 degrees 20 minutes, East 152.43 Ft., East 30 Ft., North 496.42 Feet to the point of beginning. Requests that a tap 2" in diameter be granted to supply a proposed apartment house, /s/ Alvin L. Miller Motion was made by Councilman McMillan, seconded by Councilman Honstein, that the request of Alvin Miller for water and sewer be accepted and referredt of he City Attorney to prepare the necessary agreement. Roll was called resulting asfollows: Ayes: Councilmen Johnson, McMillan, Honstein and Councilwoman Quinn. Absent: Councilman Colwell, excused. Nayes: None. The President declared the motion adopted. The following communication was presented and read at length: September 6, 1963 Mr. G. J. Weiss City Engineer City Building Fort Collins, Colorado Dear Mr. Weiss: We are anticipating constructing a new service station on the southwest corner of Taft Hill. Road and Mulberry Street. I have enclosed two copies of the Engineer's survey of this property which indicates a 15-inch sanitary sewer is located in Taft Hill Road, and also a water meter pit being located close to the northeast corner of this property. Due to the fact that this property is not located within the actual city limits of Fort Col- lins, we realize that in order for us to connect to these utilities owned by the City of Fort Collins, permission must be granted by the City Council. We therefore respectfully request that our application for use of these utilities be presented to the City Council at their next meeting for consideration. Yours truly, THE FRONTIER REFINING CO. /s/ W. A. Gossett Assistant Manager Motion was made by Councilman Johnson, seconded by Councilman McMillan, that he matter be referred to the City Attorney for invest i'gation and report. Roll was called sulting as follows: Ayes: Councilmen Johnson, McMillan, Honstein and Councilwoman Quinn. ent: Councilman Colwell, excused. Nayes: None. The President declared the motion pted. The following report was presented and read at length: September 9, 1963 1G. J. Weiss City Engineer The following is a report on what happened on a sewer call f or 645 South Sherwood Street. About 11:30 A.M. on August 12, 1963, I received a note saying that there was a uspected sewer stoppage in the main at the rear of this property. Upon invest8gation I found that the main sewer in the alley was stopped. By this ime it was lunch time and the crews had gone to lunch. 142 September 11,E 1963 At 1:00 P.M. I sent a sewer crew consisting of Everett Shellenbarger, Robert Din- kel and Duane Deines to clear the main. I went with them and stayed with them until the mai was clear and running. This was accomplished by about 2:15 P.M. The stoppage was caused by some cotton material and toweling. We washed and flushedt he main before we left and made sure that everything was in good working order. Yours very truly; E. J. Hilgenberg Water & Sewer Supt. A copy of the alleged damage and a copy of the sewer Supt. report have been sent the Don Farnham Agency for investigation by their claims service. /sl G. J. Weiss This report is in the hands of the City Attorney who requested the report. No fur Ither action was taken by the Council at this time. The City Manager reported that they.were taking the traffic count on Crestmore land South Bryan and would continue to do so until the last of this week and would have a report ready for the request for stop signs. The City Manager reported that he and the City Engineer had investigated the road past the Hospital, which matter was presented by the truckers at the last regular meeting, andirequesteithe City Engineer to advise the Council of the results. The City Engineer lstated that he had contacted the County and also Mr. Tiley in reference to improving this 1piece of street, and while nothing definite was ascertained, they both stated that they uld enter into an agreement for improving this stretch of public road. As it is some at late in the season to complete paving and as LeMay Avenue is an arterial Street, the extra heavy paving should be placed thereon. The City assuming the cost of the increased paving of arterial streets. He stated that the City could over -lay the present base at an approximate cost of $700.00 at, this time and thus prepare the street for the complete paving job next year. Motion was made by Councilman Johnson, seconded by Councilman Honstein, that the Council approve the recommendation of the City Engineer and authorize the City Manager and City Engineer to proceed. Roll was called resulting as follows: Ayes: Council men Johnson, McMillan, Honstein and Councilwoman Quinn. Absent: Councilman Colwell, excuse Nayes: None. The President declared the motion adopted. The City Manager advised the Council that he felt that the water restrictions could be lifted at this time without serious results to the water pressure, unless a very hot and dry spell appeared again. He recommended that the restrictions be lifted. Motion was made by Councilman McMillan, seconded by Councilman Honstein, that the recommendations of the City Manager be approved and he be instructed to lift the watering restrictions, effective September 15, 1963. Roll was called resulting as follows: Ayes: Councilmen Johnson, McMillan, Honstein and Councilwoman Quinn. Absent: Councilman Colwell, excused. 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) COUNTY OF LARIMER) TO THE CITY COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Gentlemen: We, the indersigned, being the owners of 50% of the following described property, s tuate in the City of Fort Collins, County of Larimer, State of Colorado, to -wit: East z of Block 8.2, City of Fort Collins, Colorado Bounded by Oak Street on the North, Meldrum on the East, Olive on the South and the Alley on the West. 143 September. ll, 1963 Containing 76,000 Square feet 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 zone to C Gommercial•zone. Respectfully submitted, Donald J. Melvin 411-W. Oak June Rose Seitz Gracie B. Melvin Leona Z. Warden 209 S. Meldrum LeRoy A. Beers 412 W. Olive Harold Warden Chrystal E. Beers Violet E. Thorpe 217 S. Meldrum Edward E. Seitz 227 S. Meldrum Willis C. Mershon - By Affidavit of San Diego, California STATE OF COLORADO as. COUNTY OF LARIMER The foregoing instrument was acknowledged before methis llth day of September, 1963 By Edward E. Seitz for the purposes therein set forth. My commission expires February 17, 1964. /s/ Howard R. Swartz 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 Honstein, seconded by Councilwoman, that this peti- tion be referred to the Planning and Zoning Board for their recommendation. Roll was called resulting as follows: Ayes: Councilmen Johnson, McMillan, Honstein and Councilwoman Quinn. Absent: Councilman Colwell, excused. Nayes: None. The President declared the motion adopted. Motion was made by Councilwoman Quinn, seconded by Councilman Honstein, that the Council adjourn. Roll was called resulting as follows: Ayes: Councilmen Johnson, McMillan Honstein and Councilwoman Quinn. Absent: Councilman Colwell, excused. Nayes: None. The lPresident declared the motion adopted and the Council adjourned. IATTEST: y