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A or i 7=9a_19 61�
MINUTES OF A REGULAR MEETING OF THE COUNCIL OF THE CITY OF FORT COLLINS, Held
Thursday, April 2, 1964, at 1:30 o'clock P.M.
Present: Councilmen Johnson, Colwell, McMillan, Guyer and Councilwoman Quinn.
City Manager Boos, City Attorney March and City Engineer Weiss.
Motion was made by Councilwoman Quinn, seconded by Councilman Guyer, that the
reading of the minutes of the last regular meeting held April 2, 1964, be dispensed with.
Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Guyer
and Councilwoman Quinn. Nayes: None. The President declared the motion adopted.
The following ordinance was presented on second reading:
ORDINANCE NO. 8, 1964
BE AN ORDINANCE RELATING TO THE VACATION OF A PART OF AN EASEMENT ON LOT 1, BLOCK 3, SPRING
CREEK SUBDIVISION, IN THE CITY OF FORT COLLLNS, COUNTY OF LARIMER, STATE OF COLORADO, ACCOR
ING TO THE RECORDED PLAT THEREOF
Motion was made by Councilman McMillan, seconded by Councilman Colwell, that
Ordinance No. 8, 1964, be adopted a.nd become a law upon passage. Roll was called resulting
as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Guyer and Councilwoman Quinn.
Nayes: None. The President declared the motion adopted.
This being the date of the hearing on the South Shields Street Ninth Annexation,
the City Clerk advised the Council that no written protests had been filed. The following
ordinance was presented on first reading:
ORDINANCE NO. 12; 1964
ACCEPTING AND APPROVING THE PLAT OF WHAT IS KNOWN AS THE SOUTH SHIELDS STREET NINTH ANNEXA-
TION TO THE CITY OF FORT COLLINS AND TO BE INCLUDED WITHIN THE LIMITS AND JURISDICTION THERE
OF, PURSUANT TO THE AUTHORITY CONTAINED IN ARTICLE 11, CHAPTER 139, COLORADO REVISED ST
1953
There being no protests from those present, motion was made by Councilwoman Quinn,
seconded by Councilman Guyer, that Ordinance No. 12, 1964, be considered favorably on first
reading and ordered published this 9th day of April, A. D. 1964, and to be presented for final
passage on the 7th day of May, A. D. 1964. Roll was called resulting as follows: Ayes:
Councilmen Johnson, Colwell, McMillan, Guyer and Councilwoman Quinn. Nayes: None. The
President declared the motion adopted.
The following report was presented and read at length:
April 9, 1964
To: Fort Collins City Council
From: The Planning and Zoning Board
Subject: Planning Board Item #12-64, The West Lake Street Annexation (William Franz)
At a regular meeting, held April 7, 1964, the Planning and Zoning Board considere
the request to annex 15.1 acres and zone the north portion (5.27) acres as "C" Residential.
After comments from citizens in the vicinity and discussion of possible uses for
the land, the Board passed a motion to recommend annexation of the area, with the entire
15.1 acres zoned as "A" Residential.
A safisfactory agreement on disposition of water rights should be arrived at be-
fore final action:to annex this tract.
Respectfully submitted,
/s/ Gene Allen
Secretary
Motion was made by Councilwoman Quinn, seconded by Councilman Guyer, that the
recommendation of the Planning and Zoning Board be accepted and the City Clerk notify Mr.
Franz that it will be necessary to file a new petition covering the request for an "A"
Residential district. Roll was called resulting as follows: Ayes: Councilmen Johnson,
Colwell, McMillan, Guyer and Councilwoman Quinn. Nayes: None. The President declared the
motion adopted.
347
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The following report was presented and read at length:
April 9, 1964
To: The Fort Collins City Council
From The Planning & Zoning Board
Subject: Planning Board item #14-6)+A, request by Bartran Homes, Inc., for Rezoning 8 lots
in Ninth Fairview Subdivision from "A" Residential to "B" Residential zoning.
At a regular meeting , held April 7, 1964, the Planning and Zoning Board consider-
ed this request for rezoning four lots on each side of Bryan Avenue, south of Elizabeth
Street.
No objections were voiced by residents in the vicinity and, after discussion, the
Board voted unanimously to recommend the change to "B", Residential zoning.
Respectfully submitted,
/s/ Gene Allen
Secretary
Motion was made by Councilman Colwell, seconded by Councilwoman Quinn, that the
recommendation of the Planning and Zoning Board be accepted and referred to the City Attor-
ney to prepare the necessary resolution and notice of hearing. Roll was called resulting
as follows: Ayes: Councilman Johnson, Colwell, McMillan, Guyer and Councilwoman Quinn.
Nayes: None. The President declared the motion adopted.
The following communication was presented and read at length:
April 9, 1964
To: The Fort Collins City Council
From: The Planning and Zoning Board
Subject: The Tenth South Shields Annexation (Gaskill property)
(#16-64)
At the regular meeting, held April 7, 1964, the Planning and Zoning Board consid-
ered this petition for annexation of 7.04 acres and "D" Commercial zoning.
No objection were presented by residents in the vicinity. After discussion, the
Board acted to recommend the annexation, with zoning as "D" Commercial, and subject to the
following conditions:
a.) Dedication of curved portion and 40 feet for the south i of Elizabeth Street
previous to final action by City Council.
b.) Satisfactory agreement between petitioners and City for transfer of water
rights.
c.) Dedication of 30 feet across west edge of property for extension of City Park
Avenue.
Respectfully submitted,
/s/ Gene Allen
Secretary
Motion was made by Councilman McMillan, seconded by Councilman Guyer, that the
recommendation of the Planning and Zoning Board for annexation be accepted subject to the
conditions in the above communication, and the matter be referred to the City Attorney to
prepare the necessary resolution and notice of hearing when the conditions have been met.
Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Guyer
and Councilwoman Quinn. Nayes: None. The President declared the motion adopted.
The following communication was presented and read at length:
Fort Collins, Colorado
April 8, 1964
Robert F. Boos
City Manager
City of Fort Collins
Fort Collins, Colorado
Mr. Boos:
As per ,your request to accompany our annexation and zoning petition I offer to the City of
Fort Collins the 15 units of Horsetooth water that I own, for the purchase price of $60.00
per unit, when the proposed zoning and annexation is completed.
Respectfully yours,
/s/ John 0. Gaskill
Motion was made by Councilwoman Quinn, seconded by Councilman McMillan, that the
348
April 9, 1964
purchase of the 15 units of Horsetooth water be approved as offered. Roll was called re-
sulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Guyer 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 the follaging described property, situate
in the City of Fort Collins, County of Larimer, State of Colorado, to -wit:
That part of the West Half (W1) of Section 15, Township 7 North, Range 69 West
of the 6th P.M., Larimer County, State of Colorado, which considering the West
line of said Section 15 as bearing S. 00°321 E. and with all bearings contained
herein relative thereto, beginning at a point which bears S. 000321 E. 6.20 feet
from the West Quarter corner of said Section 15, thence S. 89054,231, E. 840 feet,
thence N. 00°321 W. 120 feet, thence N. 89054123" W. 840 feet, thence S. 00°321
E. 120 feet to the point of beginning, subject to right of way for County road
over the West 30 feet thereof,
Containing 2.314 acres, more or less, do respectfully petiti.ona nd request that the City
Council amend the zoning ordinance of the City of Fort Collins by changing said above des-
cribed land to C resident zone.
Respectfully submitted,
/s/ Joseph P. Cook
Pauline M. Cook
Fred P. Whitaker
Vandla E. "1aitaker
STATE OF COLORADO)
) ss.
COUNTY OF LARIMER)
The foregoing instrument was acknowledged before me this 3rd day of April
By Fred P. Whitaker, Vendla E. Whitaker, Joseph P. Cook and Pauline M. Cook.
for the ourooses therein set forth.
My commission expires: September 1, 1964.
/s/ Chester A. Bennett
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.
Whitaker.
Requested that Notice of Hearings be given to Chester A. Bennett and Fred P.
Motion was made by Councilman McMillan, seconded by Councilwoman Quinn, 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, Guyer and
Counci-lwoman Quinn. Nayes: None. The President declared the motion adopted.
The following; communication was presented and read at length:
April 6, 1964_
To the City Council
Fort Collins, Colorado
Re: Identification signs on public right of way.
Permission is hereby requested to attach two signs (back to back) to an existing pole at
College Avenue and Mulberry Street, showing the direction and distance to the Trinity
Lutheran Church, located at East Mulberry Street and Mathews Street. If it is impossible
to attach to an existing pole, we would like permission to erect a post, complying with
Your specifications, on the boulevard immediately north or south of the intersection.
Hoping your reaction will be favorable, I remain,
Very truly yours,
/s/ Ken Christensen
President, Church Council
Trinity Lutheran Church
After discussion, motion was made by Councilman Johnson, seconded by Councilwoman
Quinn, that the Council approve the sign to be erected by the church, subject to the
standard size and. approval of the location by the City Engineer. Roll was called resulting
as follows: Ayes; Councilmen Johnson, Colwell, McMillan, Guyer and Councilwoman Quinn.
Nayes: None. The President declared the motion adopted.
The following communication was presented and read at length:
April 2, 1964
Members of the Fort Collins City Council
Fort Collins, Colorado
May Museum MontH
Dear Sirs:
The Museum Board requests that the Mayor officially designate the month of May
1964, as visit your museum month.
The Board is planning a number of special museum events in connection with the
Fort Collins centennial during the month of May.
Yours very truly,
/s/ 0. C. Ufford
Sect of Museum Board
Motion was made ,by Councilwoman Quinn, seconded by Councilman McMillan, that the
request of the Museum Board be approved and the Mayor issue a proclamation as requested.
Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Guyer
and Councilwoman Quinn. Nayes: None. The Presidetmt declared the motion adopted.
The City Clerk advised the Council that the Museum Board had accepted the resigna-
tion of Phil White as a member of the Museum Board and that it would be necessary for the
Council to appoint some one to fill the vacancy.
The following report was presented and read at length:
City Engineer's Offic
April 8, 1964
Mr. Robert Boos, City Manager
City of Fort Collins, Colorado
Subject: Estimated costs and assessments for
Consolidated Light Improvement
District No. 1.
Dear Sir:
Improvement District No. 1, consists of North College Avenue, from the Poudre
River Bridge North to the Eaton Ditch, approximately one and one fourth (11.) miles; and
Del Mar Drive, Westward Drive, Lakewood brive and Springfield Drive, in the Western Heights
Subdivision, as shown on the following tabulation:
The estimated cost of the various construction items is as follows:
Engineering 5%
Legal &-Publication 5%
Collection Charges 5%
Interest During
Construction 6%
217.
NORTH COLLEGE AREA - SIDE LIGHTS
Poles W/Side Mounted Lights; Approximately 32 feet high, 81 Single 400 Watt Mer-
cury Vapor on Steel Poles.
Power and Light Department Costs, including all electrical, steel poles, lights
and overhead wiring $27,500.00.
City Share $13,750.00
District Share $ 13,750.00 + 21% Costs $16,637.50
Assessable Frontage 12,860.00 Feet
Cost per Assessable Front Lineal Foot $1.29•
WESTERN HEIGHTS SUBDIVISION
9 Single Street Lights on Steel Poles.
2 - 450 watt
7 - 200 Watt
Power and Light Department Costs, including all items electrical
$339.00 per Light = 3,051.00
1,701.00
ii City Share of Lights (56%)
April 9, 1964
WESTERN HEIGHTS SUBDIVISION COSTS (cont'd)
District Share of Lights $ 1,350.00 + 21% of Costs = 1,633.50
Assessable Frontages - Lakewood Drive 820 feet
Springfield Drive 2,520 "•
Westward Drive 2,520
Total 5,860 Feet
Cost Assessable per front lineal foot 0.28
Respectfully submitted,
/s/ G. J. Weiss,
City Engineer
Motion was made by Councilman, seconded by Councilwoman Quinn, that this report
be referred to the City Attorney for the necessary resolution and notice of hearing. Roll
was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Guyer and
Councilwoman Quinn. Nayes: None. The President declared the motion adopted.
The application of J. Warren Pedersen to take water from the Fort Collins system
of water works outside of the City was presented. This location is in the corner of
Overland Trail and West Elizabeth. Motion was made by Councilman Johnson, seconded by
Councilman Guyer, that this application be referred to the City Attorney. Roll was called
resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Guyer and Councilwoman,
Quinn. Nayes: None. The President declared the motion adopted.
The following communication was presented and read at length:
April 6, 1964
City Council
City of Fort Collins
Fort Collins, Colorado
Gentlemen:
Please accept my resignation on the Zoning Board of Appeals as I expect to be
gone several months each year.
I have enjoyed working on the Board and hope that my successor will enjoy it as
much as I have.
Yours very truly,
/s/ Albert P. Fischer
Motion was made by Councilman Johnson, seconded by Councilman McMillan, that this
resignation be accepted.
Roll was called
resulting as follows:
Ayes: Councilmen Johnson,
Colwell, McMillan, Guyer
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 ALBERT P. FISCHER FOR HIS SERVICES AS
A MEMBER OF THE BOARD OF ZONING APPEALS
WHEREAS Albert P. Fischer has served continuously as a member of the Board of
Zoning Appeals of the City of Fort Collins since September 5, 1941, and
WHEREAS the said Judge Fischer has during said time given unstintingly of his
abilities and time in connection with his duties as a member of said Board of Appeals, and
Whereas it is the opinion of the City Council that appropriate recognition :'should
be made to Judge Fischer for his valuable services to the City of Fort Collins during the
past 23 years;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that
Albert P. Fischer be and he is hereby commended for his valuable and efficient services to
the City of Fort Collins as a member of the Board of Zoning Appeals.
BE IT FURTHER RESOLVED that the City Clerk be and he is hereby instructed to
deliver a certified copy of the within resolution to the said Albert P. Fischer.
Passed and adopted at a regular meeting of the City Council held this 9th day of
April, A. D. 1964.
April 9, 1964
/s/ Harvey G. Johnson
Mayor
ATTEST:
/s/ Miles F. House
City Ulerk
Motion was made by Councilman Johnson, seconded by Councilwoman Quinn, that this
resolution be adopted. Roll was called resulting as follows: Ayes: Councilmen Johnson,
Colwell, McMillan, Guyer and Councilwoman Quinn. Nayes: None. The President declared
the motion adopted.
A member of the Holy Family Catholic Church appeared before the Council and
requested stop signs at the intersection of Cherry and North Whitcomb Streets. After
discussion with the Council, motion was made by Councilwoman Quinn, seconded by Councilman
McMillan, that the matter be referred to the City Manager and City Engineer. Roll was call-
ed resulting as follows: Councilmen Johnson, Colwell, McMillan, Guyer and Councilwoman
Quinn. Nayes: None. The President declared the motion adopted.
The following resolution was presented and read at length:
RESOLUTION
OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING THE TERMS OF A STIPULATION FOR THE DI
MISSAL OF THE ROSELAWN SUIT
WHEREAS action was brought in the District Court in and for the County of Larimer,
State of Colorado, being Civil Action No. 11806 by certain individuals for the purpose of
voiding the purchase by the City of Fort Collins of Roselawn Cemetery and the lease of cer-
tain lands to the Fort Collins Municipal Golf Association which said action has been pend-
ing for several years in said District Court and in the Supreme Court of the State of Colo-
rado, and
WHEREAS a Stipulation for the dismissal of said action with prejudice has been
arranged by the attorneys for the various parties involved ins aid action. The terms of
said Stipulation have been previously informally considered by the members of the City
Council and approved by them, and
WHEREAS, the City Attorney has joined in the said Stipulation which has been
filed in the proceedings in the District Court resulting in a decree of dismissal of said
action with prejudice.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the
terms of said Stipulation for dismissal with prejudice are hereby approved.
BE IT FURTHER RESOLVED that the action of the City Attorney in joining in said
Stipulation for the dismissal of said action is hereby ratified and approved.
Passed and adopted at a regular meeting of the City Council held this 9th day of
April, A. D. 1964.
/a/ Harvey G. Johnsob
ATTEST:
/s/ Miles F. House
City 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, Guyer and Councilwoman Quinn. Nayes: None. The President declared the
motion adopted.
The following communication was presented and read at length:
Box 134
Pierce, Colorado
April 9, 1964
City Council of the City of Fort Collins
City Hall
Fort Collins, Colorado
Gentlemen:
The undersigned herewith offers to sell to the City of Fort Collins 75 acre foot
units of water from the works of the Northern Colorado'Water Conservancy District at $60.00
per acre foot unit or a total selling price of $y4,500.00
352
A ril 9_ 1264
The undersigned reserves the right to use said water for the year 1964, and will
pay the charge therefor to the Northern Colorado Water Conservancy District.
The undersigned will pay the transfer fee for the transfer of such water rights to
the City of Fort Collins, and will furnish an Application for Transfer duly executed by the
undersigned, and will furnish an Abstract of Title for examination purposes only so that the
City may furnish the necessary legal opinion to the District. It is understood that the
expense of examination of title for the title opinion to be furnished the District shall be
the expense of the City.
Payment of the purchase price will be upon approval of the transfer by the North-
ern Colorado Water Conservancy District of said water rights to the City of Fort Collins.
The within offer is conditioned upon its being accepted by the City of Fort Colli
within fifteen days from the date of this letter. Deposit of notice of acceptance in the
mails addressed to the undersigned at Box 134, Pierce, Colorado, during said time shall
comply with the within provision relating to notice. Notice of acceptance by the City of
Fort Collins so addressed to the undersigned will make the within offer a binding sale -
purchase agreement between the parties.
Yours very truly,
Isl Fred A. Walker
Lee Ray Walker
Eva D. Parson
Paul R. Walker
Motion was made by Councilman Johnson, seconded by Councilwoman Quinn, that the
purchase be approved and the matter be referred to the City Attorney to prepare the accept -
ante thereof. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell,
McMillan, Guyer and Councilwoman Quinn. Nayes: None. The President declared the motion
adopted.
The City Engineer presented a report to the City Manager in reference to bids for
overlaying old pavements for the present fiscal year as follo.as:
City Engi�neerls Office
April 9, 1964
Mr. Robert F. Boos, City Manager
City of Fort Collins, Colorado
Dear Sir:
Bids were opened April 8, 1964, for overlaying approximately 75,000 square ,yards
of our old pavements, as part of the Capital Fund Improvement budget, for the Department
of Public Works.
Sterling Paving bid at $5.75 per ton of P.M.A. in place, and Flatiron Paving
Company bid $6.25 per ton. It will require approximately 682 tons of P.M.A. to overlay
the 75,000 square yards of pavement, or a total of $39,215.00, for Sterlings bid and
$42,625.00, for Flatirons bid.
I am attaching a list of the streets which I propose to overlay, and a map show-
ing their location in the City.
I would recommend awarding the bid to Sterling Paving Company, and that a contract
be made with them, upon receipt of their performance bond.
Yours very truly,
G. J. Weiss,
Public works Director.
LIST OF STREETS To BE OVERLAID WITH
P.M.A. DURING 1964 AS PART OF THE
CAPITAL BUDGET.
STREET
100 Mack
300 Park
400 North Loomis
100 North Roosevelt
100 Lyons
100 South McKinley
400 - 500 West Laurel
900 West Laurel
900 West Mulberry
600 Armstront
1000 Sunset
500 South Shields
1300 - 1400 Crestmore
400 West Olive
200 South Mason
200 West Magnolia
400 East Oak
300 - 400 Stover
March 25, 1964
SQUARE YARDS
3,642
1,659
2,197
2,299
2,759
1,156
6,067
2,542
2,018
2,106
2,427
2,722
2,904
2,616
3,722
2,666
2,66o
4,497
April 9, 1964
353
500 East Laurel
500 East Locust (West 2)
500 - 600 East Plum
1100 - 1200 Smith
500 East Lake (West 2)
100 East Lake
100 West Lake
1600 Remington
2,683
1,565
5,998
4,393
1,191
1,697
1,556
3,994
75,357
Motion was made by Councilman McMillan, seconded by Councilwoman Quinn, that the
bid of the Sterling Paving Company of $5.75 per ton of P.M.A. in place, be accepted. Roll
was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Guyer and
Councilwoman Quinn. Nayes: None. The President declared the motion adopted.
Mr. Miller of the Jayhawk Construction Company appeared before the Council and
requested a 31 foot curb cut on West Elizabeth Street on Elizabeth and Morgan.. fbfi.:a resi-
dence which is being constructed by the company at this property. After considerable
discussion, as to the limit of curb cut which has been granted previously, which is 20
feet, motion was made by Councilman McMillan, seconded by Councilman Colwell, that the
request of Jayhawk Construction Company for curb cut of 31 feet be denied and a curb cut
be granted based on the recommendation of the City Engineer. Roll was called resulting as
follows: Ayes: Councilmen Johnson, Colwell, McMillan and Councilwoman Quinn. Nayes:
Councilman Guyer. The President declared the motion adopted.
Motion was made by Councilwoman Quinn, seconded by Councilman Johnson, that the
Council adjourn. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell
McMillan, Guyer and Councilwoman Quinn. Nayes: None. The President declared the motion
adopted and the Council adjourned.
ayor
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