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