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HomeMy WebLinkAboutMINUTES-12/05/1963-Regular231 December 5. 1963 MINUTES OF A REGULAR MEETING OF THE COUNCIL OF THE CITY OF' FORT COLLINS, Held Thursday, December 5, 1963, at 1:30 o'clock P.M. Present: Councilmen 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 November 27, 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 a aopted This being the date to which the Betz -Fischer Annexation was tabled, the Mayor opened the subject by requesting anyone representing the petitioners, present their views at this time. Mr. Betz, one of the developers of the mobile home development, spoke in reference to the proposed plans for developing this property. Mr. W. H. Allen, Attorney for the protestants, spoke, stating that there was Very little more to add to the protests which were presented two weeks ago, however, there were five near —by residents who spoke in reference to different phases to the development as presented by Mr. Betz at the meeting two weeks ago. Mr. Gordon Quiller, Mr. William Schmehl, Mr. Robert.Danielson, Mr. Vincent Porterfield and Mr. Virgil Brown. Mr. Ralph Harden, representing Hardy Clark, developer of the property on the south, spoke in reference to the depreciation of residential proper which, in the eyes of the FHA, would be caused by adjoining commercial zoning. Mr. Frank Schleicher of the Woodward Governor Company who ownes property in the neighborhood of the proposed annexation, reported that he had received a letter from the Woodward Governor Company of Rockford, Illinois, protesting the annexation as.petitioned. Mr. James Stockov a protestant for the annexation, spoke in reference to the same stating that the "D" Com- mercial zone, as listed in the zoning ordinance, was not a proper classification for the mobile home court, to be residential property and not commercial property, and he requested the 8ouncil to consider this point. After further discussion, motion was made by Council- man McMillan, seconded by Councilman Colwell, that the ordinance annexing property to be known as the Betz -Fischer Annexation to the City of Fort Collins, be denied. 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: December 4, 1963 Honorable Mayor and City Council City of Fort Collins Port Collins, Colo. Re: Subdivision Plat Highlander Heights Tenth Subdivision Gentlemen: At a meeting of the Planning and Zoning Board held December 3, 1963, the final pla of the Highlander Heights Tenth Subdivision was presented. A motion was duly passed that it be recommended to the City Council that the plat be approved subject to the landowners and/or subdividers entering into the usual written agreement with the City for the installation of utilities and public improvements. Respectfully submitted, Virgil Magerfleisch, Secretary Motion was made by Councilwoman Quinn, seconded by Councilman Colwell, that the recommendation of the Planning and Zoning Board be approved, subject to the subdivider'ent- ering into the usual written agreement with the City fox' the installation of utilities and public improvements. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Honstein and Councilwoman Quinn. Nayes: None. The President declared f the motion adopted. 232 The Citv Attorney reported that he had been requested by the Attorney for Mr. Frank Robertson and Emma L. Robertson, petitioners for the rezoning of Lot 10, Block 1, Alpert Subdivision, to withdraw the petition. Motion was made by Councilwoman Quinn, seconded by Councilman Colwell, that the requestfo.r withdrawal of the petition for rezoning of Lot 10, Block 1, Alpert Subdivision, be accepted. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Honstein and Councilwoman Quinn. Nayes: Non The President declared the motion ad.00ted. The following report was presented and read at length: December 4, 1963 Honorable Mayor and City Council City of Fort Collins Fort Collins, Colorado Gentlemen: At a meeting of the Planning and Zoning Board held December 3, 1963, two peti- tions for the annexation of an area to be known as the Riverside Avenue Annexation (zoned D) were presented. A motion was duly passed that it be recommended to the City Council that the peti- tion be granted. Respectfully submitted, Virgil Magerfleisch, Secretary Motion was made by Councilman Honstein, seconded by Councilman Colwell, that thisl petition be referred to the City Attorney to prepare the necessary resolution and notice o£I hearing. Roll was ca1L d resulting as follows: Ayes: Councilmen Johnson, Colwell, McMil Honstein and Councilwoman Quinn. Nayes: None. The President declared the motion a dopted.l The following communication was presented and read at length: December 4, 1963 Honorable Mayor and City Council City of Fort Collins Fort Collins, Colorado Gentlemen: At a meeting of the Planning and Zoning Board held December 3, 1963, a petition for the annexation of an area to be known as the Alvin L. Miller First Innexation (partial zoned B and C) was presented. Foothills A motion was duly passed that it be recommended to the City Council that the pet tion be granted subjeettn the negotiation of the water rights. Respectfully submitted, Virgil Magerfleisch, Secretary Motion was made by Councilman McMillan, seconded by Councilman Colwell, that the petition be referred to the City Attorney for the necessary resolution and notice of heari Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Honstein and Councilwoman Quinn. Nayes: None. The President declared the motion adopted The final plat of the Alvin L. Miller L. Miller Foothills Subdivision, First Filing, was presented. Motion was made by Councilwoman Quinn, seconded by Councilman Mc- Millan, that this plat be referred to the Planning and Zoning Board for their recommendati Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Honst and Councilwoman Quinn. Nayes: None. The President declaredt he motion adopted. The ollowing communication was presented and read at length: December 4, 1963 Honorable Mayor and City Council City of Fort Coll -ins Re: Subdivision Plat Fort Collins, Colo. Alvin L. Miller, Foothills Subd. First Filing i Gentlemen: 233 December 5, 1963 At a meeting of the Planning and Zoning Board held December 3, 1963, the final plat of Alvin L. Miller Foothills Subdivision, First Filing was presented. A motion was duly passed that it be recommended to the City Council that the plat be approved subject to the landowners and/or subdividers entering into the usual written agreement with the City fort he installation of utilities and public improvements. Respectfully submitted, /s/ Virgil Magerfleisch Secretary Motion was made by Councilman Honstein, seconded by Councilman Colwell, that the recommendation of the Planning and Zoning Board be accepted, subject.to the subdivider entering into the usual written agreement with the City for the installation of utilities and public improvements. 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: December 4, 1963 Honorable Mayor and City Oouncil City of Fort Collins Fort Col ins, Colo. Gentlemen: At a meeting of the Planning and Zoning Board held December 3, 1963, a petition for the annexation of an area to be known as the Delta Eta House Association Annexation was presented. A motion was duly passed that it be recommended to the City Council that the petition be granted. Respectfully submitted, /s/ Virgil Magerfleisch, Secretary Motion was made by Councilman McMillan, seconded by Councilwoman Quinn, that the petition be referred to the City Attorney to prepare the necessary resolution and notice of hearing which must be subject to the agreed condition presented previously. Roll was calle( resulting as follows: Aves: 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 500 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: A tract of land situate in the NE4 of Section 24, Township 7 North, Range 69 West of the Sixth P.N1., which considering the East line of said NEI, as bearing due North, and with all bearings contained herein relative thereto, is contained within the boundary lines which begin at a point which bears S. 89047' W. 197.52 feet, and again North 397.00 feet from the Southeast corner of East Acres, and run thence North 253.38 feet; thence N. 82009' E. 199.39 feet to a point on the East line of said NEi; thence North 60.57 feet along said East line; thence S. 82.09' W. 200.11 feet; thence S. 89°47' W. 259.29 feet; thence South 313.85 feet; thence N. 89°47' E. 260.00 feet to the point of beginning. containing 2.148 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 coincidre i4TVh 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 which said plat is herewith submitted. NOW, THEREFORE, it is respectfully petitioned that said plat comprising the above 234 December 5. 1963 described lands, be accented and approved, that the territory embraced therein, to be known as the East Acres First Annexation to the City of Fort Collins, Colorado be included within limits and jurisdiction of the City of Fort Collins, Colorado, and further that said lands be included in the A zone under the zoning Ordinance of the City of Fort Collins. Dated at Fort Collins, Colorado, this 29th day of November, 1963, A. D. Respectfully submitted: /s/ Dona L. Hahn Jack R. Hahn STATE OF COLORADO) ) ss. COUNTY OF LARIMER) The foregoing instrument was acknowledged before me this 29th day of November, 1963, By Dona L. Hahn and Jack R. Hahn for t he purposes therein set forth. My commission expires February 29, 1964. /s/ Julia S. Damm Notary Public Motion was made by Councilman Johnson, seconded by Councilman McMillan, that the petition be referred to the Planning and Zoning Board for their 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 communication was presented and read at length: December 4, 1963 Honorable Mayor and City Council City of Fort Collins Fort Collins, Uolo. Gentlemen: At a meeting of the Planning and Zoning Board held December 3, 1963, a petition for the annexation of an area to be known as the East Acres First Annexation was presented. A motion was duly passed that it be recommended to the City Council that the petition be granted subject to the negotiation of the water rights. Respectfully submitted, /s/Virgil Magerfleisch, Secretary Motion was made by Councilman McMillan, seconded by Councilman Honstein, that the petition be referred 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 motiot adopted. The final plat of the Green Meadows Homesites Subdivision was presented. Motion was made by Councilman McMillan, seconded by Councilman Colwell, that the plat be referred to the Planning and Zoning Board for their recommendations. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Honstein and Councilwoman Quinn. Naves: None. The President declared the motion adopted. The following report was presented and read at length: December 4. 1963 Honorable Mayor and City Council City of Fort'bllins Fort Collins, Colorado Gentlemen: At a meeting of the Planning and Zoning Board held December 3, 1963, the final plat of the Green Meadows Homesites was presented. A motion was duly passed that it be recommended to the City Council that the plat be approved subject to the landowners and/or subdividers entering into the usual writ- ten agreement with the City for the installation of utilities and public improvements. Respectfully submitted, /s/ Virgil Magerfleisch, Secretary 235 Motion -was made by Councilwoman Quinn, seconded by Councilman Johnson, that the recommendations of the Planning and Zoning Board be accepted and the plat approved, subject to the subdivider entering into the usual written agreement with the City for the instal- lation of utilities and public improvements. 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 Water Board submitted recommendations to the Council in reference to a proposed agreement to the City of Fort Collins and the proposed West Fort Collins Water District. He explained that the agreement, as presented by Mr. been Rex Wells, Attorney for the proposed district, had/revised and modified and he had prepared a resolution authorizing the acceptance of the agreement as modified. The following resol- ution was presented and read at length: RESOLUTION OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING A MEMORANDUM OF AGREEMENT TO BE ENTER INTO BETWEEN THE CITY AND THE PROPOSED WEST FORT COLLINS WATER DISTRICT REGARDING FURNISH- ING WATER TO SAID PROPOSED WATER DISTRICT. WHEREAS, the Proposed West Fort Collins Water District is attempting to organize a statutory water district fort he purpose of furnishing domestic water to owners of lands lying generally to the West and North of the City of Fort Collins, and WHEREAS, such proposed district has contacted the City of Fort Collins and request ed that the City provide treated water to the proposed district, and WHEREAS, the proposed district has offered to pay the sum of fourteen cents (W) per thousand gallons of water used by said district and to furnish raw, water to the City in exchange for said treated water, and WHEREAS, the proposed West Fort Collins Water Ditrict has also agreed to abide by certain other terms and conditions recuested by the City of Fort Collins -as more fully set forth in the agreement hereinafter referred to, and WHEREAS, the City of Fort Collins Water Board has recommended to the City Council that an agreement be entered into between the Proposed West Fort Collins Water District and the City of Fort Collins providing fort he furnishing of such water on certain specified terms and conditions which are contained in the a;reement hereinafter referred to, and WHEREAS, the City Attorney has prepared a Memorandum of Agreement encompassing th terms agreed upon between the City Council and the Proposed West Fort Collins Water Distric as approved the The City of Fort Collins Water Board, and WHEREAS, the terms of said agreement have been approved by the City Manager and i is the opinion of the City Council that it will be forthe best interests of the City of For Collins to enter into said agreement. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS That the terms of said agreement be and the same hereby are approved, subject, however, to the establishing of the proposed district's boundaries to the satisfaction of the City of Fort Collins as provided for in paragraph 8 of said agreement, and subject further to the attach ment of Exhibit C to said agreement as provided in paragraph 11 of said agreement, which exhibit shall meet the approval of the City Council. BE IT FURTHER RESOLVED that upon approval of the district's boundaries and Exhibi C by the City Council, the Mayor and City Clerk be and they hereby are authorized and direc ed to enter into said agreement on behalf of the City of Fort Collins. Passed and adopted at a regular meeting of the City Council held this 5th day of December, A. D. 1963. sl Harvev G ATTEST: s/ Miles F. House. ity 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, McMillan, Colwell, Honstein and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The City Attorney reported that he had furnished his legal opinion on the lands covering the Stuart offer of 100 acre foot units of Northern Colorado Water Conservancy Cistrict water, that he had received the temporary use permit from the district and had 236 prepared a resolution approving the application. The following resolution was presented and read at length: RESOLUTION OF THE COUNCIL OF THE CITY OF F^RT COLLINS APPROVING THE APPLICATION BY THE CITY OF FORT COLLINS FOR THE TEMPORARY USE OF 1-00 ACRE FEET.OF WATER OF THE NORTHERN COLORADO WATER CON- SERVANCY DISTRICT WHEREAS, the City of Fort Collins has acquired 100 acre foot units of water of the Northern Colorado Water Conservancy District, and WHEREAS, the Board of Directors of the Northern Colorado Water Conservancy Distri require that the City of Fort Collins enter into a temporary use permit agreement with said district for the transfer of said water, and WHEREAS, the Northern Colorado Water Conservancy District has submitted an appro riate form of temporary use permit agreements to be entered into by the City of Fort Colli NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the Mayor and City Clerk be and they hereby are authorized and directed to apply for the temporary use of said 100 acre feet of water by entering into a temporary use permit agree- ment with the Northern Colorado Water Conservancy District. Passed and adopted at a regular meeting of the Council held this 5th day, of Dec ber, A. D. 1963. Is/ Harvey G. Johnson Mayor ATTEST: /s/ Miles F. House City Jerk Motion was made by Councilman Colwell, seconded by Councilman Honstein, that this resolution be adopted. Roll was called resulting as follows: Ages: Councilmen Johnson, Colwell, McMillan, Hon stein and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The City Attorney requested that the Mayor explain the necessary action of hiring an engineering firm to prepare specifications, etc., for the Fort Collins -Loveland airport before we could obtain any F.A.A. participation money. Mayor Johnson reported that the Interim Committee had interviewed several engineering firms in connection with the work to be undertaken and had approved acceptance of the proposal of Western Associates Unlimited Incorporated for such engineering services. The following resolution was presented and read at length: RESOLUTION OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING A PROPOSAL FOR ENGINEERING SERVICES IN CONNECTION WITH THE DEVELOD14FNT OF THE FORT COLLINS -LOVELAND AIRPORT .WHEREAS, it is necessary that within the near future a master plan for the develoF ment of the Fort Collins -Loveland airport be submitted to the Federal Aviation Agency, and WHEREAS, the Interim Committee has interviewed several engineering firms in conne tion with the work to be undertaken and has recommended to the City Councils of the City of Fort Collins and the City of Loveland that the engineering services of Western Associates Unlimited Incorporated be obtained, and. WHEREAS, Western Associates Unlimited Incorporated has presented its proposal for such engineering services, which said proposal, subject to certain modifications, has been approved by the Interim Committee and by the City- Manager and also by the City Attorney as regards the legal form thereof, and WHEREAS, the City Attorney has prepared an acceptance of said proposal, which accep11 t- ance contains certain modifications recommended by the Interim Committee and by the �'ity Manager, and WHEREAS, it is the opinion of the City Council that it will.b e for the best inter ests of the City of Fort Collins if the engineering services of Western Associates Unlimit- ed Incorporated be engaged in accordance with said proposal as modified. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that, subject to concurrent approval by the City of Loveland, the terms of the proposal of Westerr Associates Unlimited Incorporated be and the same are hereby approved as modified. BE IT FURTHER RESOLVED that subject to the acceptance thereof by the Council of the City of Loveland, that the Mayor and City Clerk be and they are hereby authorized to accept said proposal as modified for and on behalf of .the City of Fort Collins. , 237 December 5, 1963 Passed and adopted at a regular meeting of the 8ity Council held this 5th day of December, A. D. 1963. /s/ Harvey G. Johnson Mayor ATTEST: /s/ Miles F. House Citv Clerk Motion was made by Councilman McMillan, seconded by Councilman Colwell, that this resolution be adopted. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Honstein and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The City Manager advised the Council that Mr. F. W. Michael had offered 1/3 share of Pleasant Valley Lake Canal stock at the going price to the City of Fort Collins. Motion was made by Councilman Johnson, seconded by Councilwoman Quinn, that the City Manager be authorized to purchase this water. Roll was called resulting as follows: Ayes: Councilmer Johnson, Colwell, McMillan, Honstein and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The following communication was presented and read at length: November 28, 1963 Fort Collins City Council Flirt Collins Colorado Dear Council Members: It is the desire of the Northern Colorado Rod and Gun Club to have several im- provements made in the city and county rifle and pistol ranges Southwest of town. We request that two of the present ranges be lengthened a few ,yards each to give them a minimum of 100 yards shooting distance. We desire the construction of one 200 ,yard range for big bore rifles. No ranges of that distance are available in our area. We also desire a 25 yard range for pistol shooters. This program has been discussed with Gerald Wise, City Engineer. It has also beer discussed with the road construction foreman whose crew is in the process of building the road by the ranges going to the new city dump. The soil removed from the hill to construct and lengthen the ranges would be used for road fill, this fill would replace fill now being hauled for road construction to the dump. Thank you, Northern Colorado Rod and Gun Club Motion was made by Councilman McMillan, seconded by Councilwoman Quinn, that the City Council sanction the use of the land as proposed in the above communication. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Honstein and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. Mr. Quirk of the engineering firm in charge of the Soldier Canyon reservoir, pre- sented a report on the project for the period ending November 30 „ 1963, in which he stated that the construction cost of the project to this date amounted to $45,401.22, or approxi- mately 10% of the total construction cost. He stated that the contractor was making good progress and was attempting to speed up the construction during the good 'weather that we are having at the present time as construction would slow down when real cold weather set it Motion was made by Councilwoman Quinn, seconded by Councilman Colwell, that the Council adjourn. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Honstein and Councilwoman Quinn. Nayes: None. adopted and the Council adjourned. The President declared the motior ATTEST: City Cl k