HomeMy WebLinkAboutMINUTES-09/09/1965-RegularMINUTES OF A REGULAR MEETING OF THE COUNCIL OF THE CITY OF FORT COLLINS, Held
Thursday, September 9, 1965, at 1:30 otclock P.M.
Present: Councilmen Johnson, Carson, McMillan, Bennett and Councilwoman Quinn.
Acting City Manager Case, City Attorney March and City Engineer Fischer.
Motion was made by Councilwoman Quinn, seconded by Councilman Bennett, that the
reading of the minutes of the last regular meeting held September 2, 1965, be dispensed with
Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett
and Councilwoman Quinn. Nayes: None. The President declared the motion adopted.
The application of James D. Bird dba Green Onion, 162 Linden Street, to the State
After discussion of the report of the Chief of Police,
of Colorado, for a 3.2% beer license, was presented./ Motion was made by Councilwoman Quinn,
seconded by Councilman McMillan, that the Mayor and City Clerk be authorized to execute the
approval of the licensing authority. Roll was called resulting as follows: Ayes: Council-
men Johnson, Carson, McMillan, Bennett and Councilwoman Quinn. Nayes: None. The President
declared the motion adopted.
The application of James D. Bird dba Green Onion, 162 Linden Street, to the City
for a non -intoxicating malt liquor license, accompanied by the required license fee, was
presented. Motion was made by Councilwoman Quinn, seconded by Councilman McMillan, that the
license be granted subject to the issuance of the State license. Roll was called resulting
as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Councilwoman Quinn.
Nayes: None. The President declared the motion adopted.
The following communication was presented and read at length:
HUMBLE OIL & REFINING COMPANY
Denver 1, Colorado
August 25, 1965
City Council
City of Fort Collins
Fort Collins, Colorado
Gentlemen:
The Humble Oil & Refining Company does hereby request approval from the City
Council to erect a service station in the Northwest quadrant of the intersection of West
Elizabeth and City Park Streets in Fort Collins. This request is in accordance with Section
9-21, Chapter 9, of the Code of Ordinances of the City of Fort Collins.
The property involved is more fully described as follows:
Tract I -A included in the SE'- of Section 15, Township 7 North, Range 69 West of the
6th P.M., County of Larimer, State of Colorado, which considering the North line
of said SEl as bearing North 89°34' West and all bearings contained herein relative
thereto is contained within the boundary lines which begin at a point which bears
North 89034' West 1299:49 feet and again South 00°031 East 40.00 feet from the
Northeast corner of said SEh and run thence South 89°34' East 150.00 feet; thence
South 000031 East 150.00 feet; thence North 89034' East 150.00 feet; thence North
00°03+ West 150.00 feet to the point of beginning, containing 0.5165 acres, more or
less.
Enclosed also please find a copy of the plot plan of the proposed service station
showing_ location of building, tanks, curb cuts and their respective setbacks, property dimen
sions, etc., in compliance with city ordinances.
Your attenti-)n to the matter at the earliest convening of the council will be
appreciated.
Yours very truly,
/a/ Ralph Koch
Construction & Maintenance Engineer
The following report was presented and read at length:
September 1, 1965
To: Stanley R. Case
Acting City Manager
RE: Humble Oil Co. Application for a
Service Station at W. Elizabeth
& City Park Ave.
The Humble oil & Refining Company drawing No. SS-549 titled Plot Plan, West Eliza-
beth and City Park Avenue, Fort Collins, Colorado, has been checked and found to comply with
all provisions of Section 9-22 of the Code of Ordinances of the City of Fort Collins. The
proposed station is located as shown below.
39
/a/ Samuel J. Ma'rcy
Civil Engineer II,
Department of Public Works.
Approved:
Isl C. Adam Fischer
Public Works Director
The application as presented in the above letter was incorrectly
described as South Mason and West Mulberry Street, although the discription as contained
therein was for a location at West Elizabeth and City Park Avenue. This discription was
corrected over the telephone by Mr. Ralph Koch, the construction engineer, and the original
application was corrected by the City Engineer's office. Motion was made by Councilman
Bennett, seconded by Councilman McMillan, that this location be approved subject to the
`?amble Oil Company presenting a corrected request. Roll was called resulting as follows:
Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Councilwoman Quinn. Nayes: None.
The President declared the motion adopted.
aented:
A petition and aoplication for annexation of Greenwalt Third Annexation was pre—
PETITION AND APPLICATION
FOR ANNEXATION
Cehtlemen:
WHEREAS, We the undersigned are the owners of more than 50% of the area and com-
prise the majority of land owners residing in the area which is described as situate in the
County of Larimer, State of Colorado, to -wit:
line of said SW4 as bearing due North and with all bearings
Considering the West ed herein relative thereto, Begin at a point which bears N. 89 56 30 E.
contained
feet from the West � corner of said Section 19, said point being the
1409.89 Northeast corner of the Gree89°56t3O"sE.A330Xlh feet on oalong the 0the North ity of rline Collins,
Colorado, and run thence 2.15 feet to a point on the Northeasterly line of the
said SW,; thence South 156to the City of Fort Collins, Colorado; thence N. 370
Greenwalt Second Annexation said Northeasterly line; thence North 1126.17 feet
09'•15" W. 546.58 feet along Greenwalt First Annexation to the City of Fort
along the Easterly line of the of beginning.
Collins, Colorado, to the point
Containing 10.8686 acres, more or less•
e contiguous
AND WHEREAS, said lands arwith the City Limits of the City of Fort
Collins, one
of the aggregate external boundaries of said
Colorado, and more than on
lands coincide with the existing boundaries of the City of Fort Collins, and
WHEREAS, a plat of said lands has been prepared in accordance F with the s, 4is-p
Ions of the Colorado State Statutes and the Ordinances of the City of Fort Collins co ie;
of which said plat is herewith submitted.
NOW, THEREFORE, respectfully petitioned that said plat comprising the above
described lands be accepted and approved, thaoftFort he eCollins, rritory eColorado mbraced tberincluded ein, to bwithinn
o the city
r that
thethe
limitseandljurisdactionxof1theon tCit�hefzoningCollins,
ordinanceColorado,
City ofrFort Collins.
lands be included in the A zone under
Dated at Fort Collins, Colorado, this 31st day of August, 1965, A.D.
R"Pectfully submitted:
ATTEST:
/'V Gerald R
Haxton, Secr.
Parkwood, Inc.
By Leslie G. Everitt, Pres.
STATE OF COLORADO)
C ) SS.
O'TNTY OF LARIMER)
The foregoing instrument was acknowledge Haxton,eSecr. of Parkwood me this lst day of September, 1965
Bp Les19.e G.gEveritt, Pres. & Gerald R.
for the purposes therein set forth.
My commission expires March 16, 1969•
sl Sharon Na
otary Public
woman Quinn, seconded by Councilman Bennett, that this
Motion was made by Council
and Zoning Board for their recommendation. Roll was
Petition be referred to the Planning
called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and
394
September 9. 1965
Councilwoman Quinn. Nayes: None. The President declared the motion adopted.
The following report was presented and read at length:
September 8, 1965
To: The Fort Collins Citv Council
From: The Planning and Zoning Board
Subject: #53-65 The Greenwalt Third
This petition was considered by the Planning and Zoning Board on September 7, 1965, Annexa-
tion of the area is recommended, with zoning to be A Residential as requested.
Water rights for land in this annexation were acquired by the City when two previous annex-
ations took place.
Respectfully submitted,
Fort Collins Planning and Zoning Board
/s/ Gene Allen, Secretary
Motion was made by Councilman McMillan, seconded by Councilwoman Quinn, that the
recommendation of the Planning and Zoning Board be accepted and the petition be referred to
the City Attorney to prepare the necessary resolution and notice of hearing. Roll was call -
resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Councilwomar
Quinn. Nayes: None. The President declared the motion adopted.
The following communication was presented and read at length:
Fort Collins, Colorado
August 13, 1965
Mr. Gene Allen
City of Fort Collins
Fort Collins, Colorado
Dear Mr. Allen:
We are the owners of Lots 143, 142, 141, 140 and 139 of Miller Brothers South
Foothills Subdivision, Second Filing. At the rear, a portion of our lots, there is an alley
used by us which was not dedicated by the' plat to the City of Fort Collins. It is our
desire that this alley be dedicated and we request your consent to this dedication. We are
enclosing a Zeroz copy of the portion of the plat which pertains to this area. This is for
your convenience. Your favorable consideration would be greatly appreciated.
Very truly yours,
/s/ Carl W. Miller Lot 143
Patricial M. Miller
Dick Jurgens Lot 142
Gertrude L. Jurgens
Don McLaughlin Lot 139
Jeanne E. McLaughlin
Donald H. Herbezon Lot 141
R. B. Brookston Lot 140
Cecilia A. Brookston
Motion was made by Councilman Bennett, seconded by Councilwoman Quinn, that this
request be referred to the Planning and Zoning Board for their recommendation. Roll was
called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and
Councilwoman Quinn. Nayes: None. The President declared the motion adopted.
The following report was presented and read at length:
September 8, 1965
To: The Fort Collins City Coundl
From: The Planning and Zoning Board
Subject: Request for acceptance of an alley dedication in the Miller Brothers South Foot-
hills Subdivision, Second Filing
At the regular meeting of September 7, 1965, the Board voted to recommend acceptance of t
alley for public purposes.
The entire proposed width of twenty feet should be taken from the corner not (tract B) so
that above ground utility boxes are not in the center of the alley. Also, it should be
emphasized to adjacent owners that if they desire paving at a future date, it is their
resnonsibility to pay costs for same.
Respectfully submitted,
Fort Collins Planning and Zoning Board
By: Gene Allen
'Secretary
The Acting City Manager advised the Council if they approved the request for dedi-
�395
cation, their approval should be subject to the field survey by the Engineering Department.
Motion was made by Councilman Bennett, seconded by Councilwoman Quinn, that this recommenda.
tion of the Planning and Zoning Board be accepted and the request for alley dedication be
approved, subject to the field survey and the owners be informed as to their responsibility
for any paving that might be desired at a future date. Roll was called resulting as fol-
lows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Councilwoman Quinn. Nayes:
None. The President declared the motion adopted.
The City Attorney explained the te�s of the contract which was prepared by the
City Attorney of Loveland for use of the Fort Collins dump and advised the Council that thi;
Should be subject to discussion. After considerable discussion as to the terms involved in
the contract between members of the Council, motion was made by Councilman Johnson, second-
ed by Councilwoman Quinn, that the contract be referred back to the City Attorney's of
both cities and the City Manager's with a recommendation that the County Attorney be
included in the discussion for renegotiation of said contract. Roll was called resulting
ea follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Councilwoman Quinn.
Nayes: None. The President declared the motion adopted.
The following communication was presented and read at length:
Honorable Mayor and Members of
Fort Collins City Council
Dear Madam and Gentlemen:
The press of business and personal afairs forces me to resignation from the Fort
Collins Planning and Zoning Board.
As I look back in retrospect, I remember the times of frustration and satisfactio
moments of apprehension and indicision and realize1hat I gained more in knowledge and exper
ience than I gave in time. I wish to thank you and the former councils for your confidence
in me and the opportunity to serve as a Planning and Zoning Board Member. It has been a
most delightful experience working with the former and present members of the Board. I
know that the planning for the future growth of Fort Collins, in capable hands of your
planning director, Gene Allen, will continue to be as exciting and rewarding as I experi-
enced in the past.
It is my desire that this resignation become effective on Tuesday, October 5, 196,
Thank you again for the opportunity to serve my community.
Sincerely,
Isl Virgil R. Magerfleisch
Motion was made by Councilman Johnson, seconded by Councilwoman Quinn, that the
Council accept the resignation of Mr. Magerfleisch as a member of the Planning and Zoning
Of the City of Fort Collins with regret and the City Attorney prepare a proper resolution
Of appreciation. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson,
McMillan, Bennett and Councilwoman Quinn. Nayes: None. The President declared the motioi
adopted.
The City Attorney presented the following communication:
POUDRE VALLEY RURAL ELECTRIC ASSOCIATION, INC.
September 3, 1965
Fort Collins City Council
Greeley City Council
My Cear Chairman:
Poudre Valley Rural Electric and Mountain States Telephone and Telegraph Company desire to
cooperate in the joint use of their respective facilities whenever and wherever such use
shall, in the estimation of both parties, be compatible with their respective needs. Such
'pint use of facilities is desirableRin the
case
of our
crossire ng of the
Rockwell Ranch ral Electric herebyloca.
tad in the SW4 0£ Township 8 North, g
Of the Cities
requeststthe
Mcouncils
States Telephone andto nTelegrapheCompanyns granting the crossing too
de
/a/ James E. Campbell,
General Manager Association
Poudre Valley Rural Electric
396
September 9, 1965
He stated that Mr. Ronald Roberts, the Trustee, was in agreement with the request
of Poudre Valley Rural Electric Association, Inc., and he had prepared a resolution a
their request.
The following resolution was presented and read at length:
RESOLUTION
OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING THE JOINT USE OF A RIGHT OF WAY EASE-
MENT BY THE POUDRE VALLEY RURAL ELECTRIC ASSOCIATION, INC.° AND THE MOUNTAIN STATES TELE-
PHONE ANDTELEGRAPH COMPANY AND AUTHORIZING RONALD 0. ROBERTS, AS TRUSTEE FOR THE CITIES OF
FORT COLLINS AND GREELEY, TO GRANT SUCH JOINT USE
WHEREAS, by resolution adopted by the City Council of the City of Fort Collins on
July 8, 1965, the request of the Poudre Valley Rural Electric Association, Inc, was granted
for a right of way easement over and across the SW2 of Section 25, Township 8 North, Range
73 West of the 6th P.M., and
WHEREAS, the Poudre Valley Rural Electric Association, Inc. has requested that such
resolution be amended to permit the joint use of the facilities to be constructed over and
across such right of way easement by said Association and the Mountain States Telephone and
Telegraph Company, and
WHEREAS, it is the opinion of the City Council that it will be to the best inter-
ests of the City of Fort Collins to grant such request.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the
resolution hereinabove metioned adopted July 8, 1965, is herewith amended to permit the
Mountain States Telephone and Telegraph Company to use jointly with the Poudre Valley Rural
Electric Association, Inc. the right of way easement heretofore granted to the Poudre Valle)
Rural Electric Association, Inc.
BE IT FURTHER RESOLVED that such authorization will be effective when the City
Council of the City of Greeley has also approved such request and the Poudre Valley Rural
Electric Association, Inc, and Mountain States Telephone and Telegraph Company have been
notified of the within action taken by the City Council.
BE IT FURTHER RESOLVED that Ronald 0. Roberts beand he hereby is authorized and
directed to notify the Poudre Valley Rural Electric Association, Inc. and the Mountain
States Telephone and Telegraph Company of the within action taken by the City Council upon
like action having been taken by the City Council of the City of Greeley.
Passed and adopted at a regular meeting of the City Council held this 9th day of
September, A. D. 1965.
or
ATTEST:
/s/ Miles F. House
City Clerk
Motion was made by Councilman McMillan, seconded by Councilman Carson, that this
resolution be adopted. Roll was called resulting as follows: Ayes: Councilmen John son,
Carson, McMillan, Bennett and Councilwoman Quinn. Nayes: None. The President declared
the motion adopted.
The City Attorney reported that the Fort Collins -Loveland airport contract had
been worked out with Mr. White of the Sterling airport operator and that the terms of said
contract were such that would meet the approval of the FAA and he had prepared a resolution
of approval if the Council so desired. The Mayor reported that the Interim Committee had
reviewed the contract and were in approval of the terms. He also reported as to the bid
which was presented when bids were called for and later talks withthe Fort Collins and
Loveland airport operators in reference to this contract. Inasmuch as the members of the
Council had not had the opportunity to study the terms of said contract, it was the opinion
that they should take some time to study all phases and terms of this contract as offered.
It was suggested that it be considered previous to the meeting of September 13, 1965, at the
time the Council will hold a public hearing on the proposed zoning ordinance.
The City Attorney reported that Mr. Gene Allen, Planning Director, had received
Em offer from the Drake Corporation for 7 shares of Pleasant Valley and Lake Canal water
and 75 acre foot units of CST water at the price being paid by the City. After discussion,
rr;otion was made by Councilman Carson, seconded by Councilwoman Quinn, that the City Attorne,
397
Drepare the acceptance of said offer and advise tl-e Drake Corporation of the acceptance.
Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett
and Councilwoman Quinn. Nayes: None. The President declared the motion adopted.
The City Engineer reported that he had made a survey of the Johnson park property
and had discussed various phases of the matter with Mr. Ed Johnson in order to comply with
the previous instructions of the Council to reduce the park boundaries to include 45 acres
thereabouts. He reported that he did not make very much progress in negotiating the bound-
ary lines and that the reduction from 51 acres to 45, as proposed by Mr. Johnson, was not
acceptable. There was much discussion between the members of the Council, with the final
decision that the original motion to maintain the park area at 45 acres thereabouts, be re-
affirmed. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson,
McMillan, Bennett and Coumcilwoman Quinn. Nayes: None. The President declared the motion
adopted
Motion was made by Councilwoman Quinn, seconded by Councilman Bennett, that the
Council adjourn to Monday evening, September 13, 1965, at 7:00 P.M. Roll was called result
ing as follows: Ayes Councilmen Johnson, Carson, McMillan, Bennett and Councilwoman
Quinn. Nayes: None. The President declared the motion adopted adopted and the Council
adjourned. to September 13, 1965. 9 i'_ ) /
or
ATTEST:
City Clerk