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HomeMy WebLinkAboutMINUTES-10/07/1965-RegularF' 41 MINUTES OF A REGULAR MEETING OF THE COUNCIL OF THE CITY OF FORT COLLINS, Held Thursday, October 7, 1965, at 1:30 o'clock P.M. Present: Councilmen Johnson, Carson, McMillan, Bennett and Councilwoman Quinn. City Manager Coffey, 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 23, 1965, be dispensed with. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Councilwoman Quinn. Keyes: None. The President declared the motion adopted. A group.of property owners in Block 6, L. C. Moore's Second Addition, were pre- sent and represented by Mr. Eugene E. Mitchell, protesting the change of the W2 of Block 6, L. C. Moore's Second Addition, from RH zoning to BP zoning which occured at the time that the new zoning ordinance was presented on first reading. The following petition was presented and read at length: PETITION TO THE CITY COUNCIL OF THE CITY OF FORT COLLINS PETITION TO REMAIN ZONED AS A CLASS A, RESIDENTIAL AREA, OR EQUIVALENT The undersigned Owners of Lots in Block 6, L. C. Moore's Second Addition to the City of Fort Collins hereby respectfully petition the City Council to be classified as "Residential" under the proposed new zoning ordinance, and object to the classification as proposed in said new zoning ordinance, designated as "Planned Business", or any other bus- iness or semi -business classification, as to any part of said block. All of the above Block 6 is presently zoned as "A" Residential except for Lots 9 and 10, which is zoned as "C" Residential. Dated this 6th day of October, 1965. Mortimer L. Hopwood Grace M. Hopwood Lots 3 and 4 Henry J. Hudek Julia P. Hudak Lots 5 and 6 Mildr-d G. Becksted Alva J. Becksted Lots 7 and 8 Aaron S. Rumley Ruth J. Rumley Lots 11 and 12 Edwin F. Bowling Mildred C. Bowling Lot 13 George L. King Rena King Lot 14 Mrs. Hattie McMurray Lot 15 Miles F. House Lot 16 Henrietta S. House Edmund R. Martin Lots 17 and 18 Helen F. Martin Ant a Chad telegram: Lexington, Ky Dr. A. S. Rumley= I bitterly oppose the City Councils action on Sept. 23, in rezoning the W2 of Block 6, L. C. Moore's Second Extension from Residential to Planned Business zoning. I urgently request that it be regoned to residential. Is/ Dr. Paul A and Wilma E. Thornton Mr. Bill Hansen was present and requested the zoning from RH to BP which the Council did before the reading of the ordinance. Mr. Mitchell spoke at length in regard to the string opposition by the majority of the property owners in the block against rezonit of this 2 block for business purposes. He spoke briefly on the defense of the suit by the property owners which was instigated against the destroying of the covenant that is in the deed Of all property owners in L. C. Moore's Second Addition and requested the Council for 416 Oc consideration of changing the zoning back to RH zoning as it appeared on the map at the start of the September 23rd meeting. Mrs. James D. Carey of 1520 Remington Street, also in L. C. Mooreys Second.,Addit.ion,-spoke at considerable length on the effect that this re- zoning for business purposes would have on the residents property in the vicinity of the rezoned property, as well as the entire L. C. Moore's Second A ddition, not only the resi- dence but the effect that the commercial zoning would have on the Fort Collins High School attendance to classes if such establishments as hamburger shops, snack bars or such, were erected to solicit the students business. Mr. Robert Lee of_1530 Remington Street, spoke briefly as to the effect that this rezoning would have on the entire L. C. Moore Second Addition, which if allowed to stand, erection of business establishments would be in direct violation of the covenants on the deeds. Dr. A. S. Rumley of 1535 Remington Street, spoke briefly in reference to the effect of rezoning would have on the property which he just recently purchased with the knowledge that there was a covenant which restricted the build- ing of two family dwellings in the L. C. Moore's Second Addition. Mr. Ed R. Martin, 1511 Remington Street, was vehement in his protest against the allowing business establishments to encroach in the residents section around the High School and to the effect on the pro- perty values of those owners in Block 6. In rebuttal, Mr. Bill Hansen spoke briefly about his plee two weeks ago at results in the; change in the zoning from RH to BP. The following letters were presented from pro- nerty owners in the block on the west side of South College Avenue which was zoned BP at the time of the hearing, but the necessary acreage for unit development was reduced from three acres to two acres and it was felt that the property owners with similar acreage limit nec- essary for unit development, approval would be a detriment tothose property owners, and it was the assumption that this three acre limit would be maintained when they agreed not to protest the BP zoning. Oct. 7, 1965 TO THE CITY COUNCIL FORT COLLINS° COLORADO May this serve to protest your recent action changing certain portions of the proposed Zoning Ordinance. FIRST: We are apposed to changing the west half of the 1500 block, South College Avenue from RH to BP. SECOND: We are very opposed to change of the requirement of three acres to two acres in the above mentioned block and the 1300 and the 1400 blocks on South College Avenue. It seems only reasonable and fair to pass the ordinance as placed before you with- out a»bitrary changes. We own and are residents at 1417 South College Avenue, Fort Collins, Colorado. Respectfully submitted, /s/ C. H, Alford 1413 S. College Ave. TO: The City Council, City of Fort Collins SUBJECT: Protest on proposed ordinance pertaining to "Planned Business" specifications in ordinance, affecting property at 1413 S. College. I protest the changing of the ordinance pertaining to "Planned Business" to include the minimum of only 2 acres instead of 3 acres for development as a business property unit. It was on the basis of the provision calling for the 3 acre minimum that I accepted with- out protest the proposed rezoning. I felt that this allowed sufficient protection for all property owners involved against poorly planned development. I felt that anything less than this would allow business to come in too close to individual dwellings and perhaps be the cause of loss of property value and/or other considerations to individual owners. I feel that this is of concern not only in the area In which I live which is under consider- ation for rezoning at this time, but should be of concern for all other areas of "Planned Business". /s/ H. R. Hale, Owner 1413 South College Avenue Fort Collins, Colorado 417 October 6, 1965 Fort Collins City Council Fort Collins, Colorado Dear Sirs: As I am unable to be present at the Council Meeting Thursday, October 7th, I am taking this means to protest the BP zoning at the NW corner of South College and Prospect and mainly in the requirements from three acres to two acres for planned business. As a property owner in this area I resent the constant harassment of zoning cha we have been subject to in the last five years. /s/ Mrs. W. B. Vansant 119 W. Lake After discussion, motion was made by Councilman Bennett, seconded by Councilman Carson, that this matter be taken under advisement until the second reading of the ordinanc on September 14, 1965., Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Councilwoman Quinn. Naye"s: None. The President declared the motion adopted. This being the date of the hearing on the proposed bUdg6t'£or 1966, the following resolution was presented and read at length: OF THE COUNCIL OF THE CITY OF FORT COLLINRESOLUTION S' ADOPTING A BUDGET OF THE ESTIMATED MOUNTS REQUI ED TO PAY THE EXPENSES OF CONDUCTING THE BUSINESS OF THE CITY GOVERNMENT FOR THE FISCAL YEA ENDING DECEMBER 31, 1966, AND FIXING THE MILL LEVY FOR SAID YEAR PURSUANT,TO THE PROVISIONS OF ARTICLE V OF THE CITY CHARTER 1965 WHEREAS, the City Manager has heretofore prior to the first Monday in October, submitted to the Council a proposed budget for the next ensuing budget year with an explanatory message pursuant to the provisions of Section 2, Article V of the City Charter, and WHEREAS, the Council thereafter within 10 days aftert he filing of said budget estimates mates set October 7, 1965, as the date for a public hearing thereon and caused notice c such public haring to be given by publication pursuant to'Section 3, Article V of the City Charter, and WHEREAS, a public hearing on the proposed budget was held on October 7, 1965, Pursuant to said public notice, and WHEREAS, Section 4, Article V of the City Charter provides that the Council shall adopt the budget for the ensuing fiscal year and shall fix the tax levy after said public hearing and before the last day of October of each year. THEREFORE. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS, that the following budget prepared in detail by the said City Manager in compliance with the provisi Of Section 2 Article V of the �'ity Charter fort he fiscal year ending December 31, 1966, be and the same is hereby adopted as a basis for the annual appropriations ordinance for th fiscal year ending December 31, 1966, as follows: DISBURSEMENTS BY APPROPRIATIONS City Council.. ........................................... cit $ 6,100.00 Fin? Manager......................................................... Finance 36,820.00 79,626.00 and CityClerk...............................:............... Fit Y Attorney.............................. ............... 18,250.00 Planningand 24,516.00 Zoning ......... ............................................ Municipal Court................................ ................ ...... Insurance 12,991.00 68,370.00 and Retirement:..................I......................... Poli 924.00 ,352.00 Fire ............................................................... 27 31,35 Health ..................... :............................... cit 11,335.00 20 28 00 PubliouWorks and Engineering .......................... 86,776.00 Administration Buildin 00 .................................................. StreetsgandsAlleys 188,354.00 .......n Buildin 46,370.00 gand Grounds Traffic ,4 22-50 and Street Lights .............. Parks ..... 68,391.80 ...............•....••...•.•_....•..... Recreation............................................................ 57,708.00 ........................................................... Museum 2,998.50 � Grandview 40,220.90 Cemetery ................................................... ROselawn 8,307.80 Cemetery ..... ............................................. Fort Collins ---Loveland Airport ...................................... 10,000.00 Library ............................................................ 49;375.00 S 1,435,794.5E Caoital Improvement Fund ............................................. 245,950.00 $ 1,681,744.50 Local Improvement Districts, City Share ............................. $ 5,673.00 $ 1,687,417.50 Water Fund .. .... ........................................... 41r 528,063.61 Less Interfund Transfers ................................... 250,360.61 0 277,703.00 Sewer Fund ............. ........................................... 231,472.24 'Less Interfund Transfers ................................... 132,460.24 $ 99,012.00 Water Capital Improvement Fund ..................................... $ 2,345,500.00 Sewer Capital Improvement Fund ..................................... $$ 1,731,500.00 Water Bond Payment Fund ............................................ $ 242,561.25 Sewer Bond Payment Fund ........................................... $ 112,193.75 Equipment Fund .......................................... $ 211,403.20 Less Interfund Transfers .................................. 1,659.00 $ 209,744.20 Light and Power Fund ............................................... 2,325,322.50 Less Interfund Transfers .................................. 1,115,906.50 1,209,416.00 Light and Power Capital Improvement Fund 813,400.00 Grand Total ........................................................ $ 8,728,437.70 BE IT FURTHER RESOLVED that the mill levy rate for taxation upon all the taxable property within the corporate limits of the City of Fort Collins for the fiscal year end- ing December 31, 1966, shall be 15.00 mills, which levy represents the amount of taxes for City purposes necessary to provide for payment during the ensuing budget year of all property authorized demands against the City. Said mill levy shall be distributed as follows: Local Improvement District - City Share ................... .135 Mills General Expense ........................................... 14..865 Mills being a total of 15.00 Mills, which levy as so distributed shall be certified to the County Assessor and the Board of County Commissioners of Larimer County, Colorado, by the Director of Finance as provided by law. Passed and adopted at a regular meeting of the Council of the City of Fort Cclline held this 7th day of October, A. D. 1965. ATTEST: r Motion was made by Councilwoman Quinn, seconded by Councilman Bennett, that this resolution be adopted, poll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The following ordinance was presented and read at length: ORDINANCE NO. 49, 1965 BEING THE "ANNUAL APPROPRIATION ORDINANCE" RELATING. TO THE ANNUAL APPROPRIATIONS FOR THE FBCAL YEAR BEGINNING JANUARY 1, 1966, AND ENDING DECEMBER 31, 1966, AND FIXING'THE MILL LEVY FOR SAID FISCAL'YEAR. Motion was made by Councilwoman Quinn, seconded by Councilman McMillin, that Ordinance No. 49, 1965, be considered favorably on first reading and ordered published this 7th day of October, A. D. 1965, and to be presented for final passage on the 21st day of October, A. D. 1965.' 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 resolution was presented and read at length: F _ 419 RESOLUTION OF THE COUNCIL OF THE CITY OF FORT COLLINS EMPLOYING CERTIFIED PUBLIC ACCOUNTANTS TO AUDIT THE BOOKS OF THE CITY OF FORT COLLINS, COLORADO. WHEREAS, Section 17 of Article II of the Charter of the City of Fort Collins, requires the Council to provide for an independent audit, at least annually, by certified public accountants, of all books and accounts of the City; and WHEREAS, the firm of Rogers & McCluskey, certified public accountants, have audited the books of the City of Fort Collins in previous years, and Harold C. Greager, certified public accountant, has audited the books of the Fort Collins Light & Power De- partment previously; and WHEREAS, the City Manager has requested the employment of the certified public accountants to audit the books and accounts of the City of Fort Collins for the Year of 1965. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS, that Rogers & McCloskey and Harold C. Greager, certified public accountants of the City of Fort Collins, be and they are hereby employed to audit the books and accounts of the City of Fort Collins for the year of 1965, and BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS, that the Mayor and City Clerk be and they are hereby authorized to execute contracts with the above parties and the audits shall not be started until contracts have been executed by both parties. Passed and adopted at a regular meeting of the Council of the City of Fort Colli held this 7th day of October, A. D. 1965. ATTEST: F G. Motion was made by Councilman Bennett, seconded by Councilman Johnson, ttiat this resolution be adopted. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Councilwoman Quinn. Nayes: None. The President declared t motion adopted. The following ordinance was presented on first reading: ORDINANCE NO. 50, 1965 BEING AN ORDINANCE AMENDING SECTION 1-13, 51 THROUGH 1-13.53 OF THE CODE OF ORDINANCES OF THE CITY OF FORT COLLINS, COLORADO, 1958, AS AMENDED. Motion was made by Councilman McMillan, seconded by Councilwoman Quinn, that Ordi nance No. 50, 1965, be considered favorably on first reading and ordered published this 7th day of October, A. D. 1965, to be presented for final passage on the 28th day of October, A. D. 1965. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Councilwoman Quinn. Nayes: None. The President declaredthe motion adopted. The following ordinance was presented on first reading: ORDINANCE NO. 51, 1965 BEING AN ORDINANCE ESTABLISHING A FORT COLLINS PARKS AND RECREATION BOARD. Motion was made by Councilman Carson, seconded by Councilwoman Quinn, that Ordi- nance No. 51, 1965, be considered favorably on first reading and ordered published this 7th day of October, A. D. 1965, to be presented for final passage on the 28th day of October, A. D. 1965. 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 resolution was presented and read at length: RESOLUTION OF THE COUNCIL OF FSTHE CITY OF IORTGOLLINS APPROVING AN AGREEMENT TO BE ENTERED INTO WITH 4,20 WHEREAS, the City of Fort Collins intends to erect a warehouse and service garage facility upon the site of the old city dump, and WHEREAS, it is necessary in this connectiontc employ an architect, and WHEREAS, the City Council desires to employ Magerfleisch and Burnham, Architects, in coinrnection with this project, and an agreement has been sub*itted by said architects providing for such employment, which agreement has been approved by the City Attorney and the City Manager. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the terms and conditions of said agreement be and they hereby are accepted and approved; a BE IT FURTHER RESOLVED that the Mayor and City Clerk be and they hereby are author�- z6d-and directed to execute said agreement for and on behalf of the City of Fort Collins. Passed and adopted at a regular meeting of the Council held this 7th day of October, A. D. 1965. Isl Harvey G. Johnson Mayor ATTEST: /s/ Miles F. House City Clerk Motion was made by Councilman McMillan, seconded by Councilwoman Quinn, that this resolution be adopted. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The following communication to the City Engineer was explained by the City Attor as to the offer for a sewage disposal site and the legal technicalties concerned. This offer has been incorporated in an option agreement which was explained more fully by the City Attorney. September 29, 1965 Mr. Adam Fischer City Engineer City Hall Fort Collins, Colorado Dear Mr. Fischer: Riverbend Farms has met and agreed to sell to the City of Fort Collins for a rani Lary sewer site, the land located in the SE! of Section 20, Township 7, Range 68 West of t 6th P.M., bounded on the '.lest side by the Boxelder ditch, on the North and East by the prloerty lines, and on the South by the Railroad right of way. As a condition of sale, it would be necessary for Riverbend Farms to be assured of another crossing of the Railroad right of way. These lands were brought primarliy for gravel purposes and the particular lands chosen by the city have good gravel potential with very little over burden. On similar gravel lands the income oar acre for the land owner has run as high as $3,000 per acre. I such cases there is also a residual value from the lake which is formed by the excavation. We also feel that at some future date there will be some residential development on part o this farm, and that, psychologically the proximity of the sewage disposal plant may adver sly effect the value of these lands, I am authorized to offer the approximately 20 to 22 acres in this site for a price of $1590 per acre witht he understanding that no water righ accompany this land and t at we will be paid the normal rate per linear foot for the sewer line easements which cross our deeded land. Representatives of Riverbend Farms will be pleased to meet with you concerning transaction at your convenience. Very truly yours, /s/ Eugene I. Williams The following resolution was presented and read at length: RESOLUTION OF THE COUNCTL OF THE CITY OF FORT COLLINS APPROVING THE TERMS OF AN AGREEMENT TO BE F.D INTO WITH RIVERBEND FARMS, INC. WHEREAS, it is necessary for the City of Fort Collins to acquire a site on which t construct an additional sewage disposal plant, and WHEREAS, Riverbend Farms, Inc. has agreed to grant an option to the City of Fort Collins to acquire such a site for lands located in the Southeast Quarter (SE4) of Section 20, Township 7 North, Range 68 West of the 6th P.M., and WHEREAS, it is the opinion of the City Council that the acquiring of such option will be for the best interests of the City of Fort Collins, and the City Attorney has pre- pared an appropriate option agreement which has been approved by the City Manager. 421 Oc NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the terms of said proposed option agreement be and the same hereby are approved. BE IT FURTHER RESOLVED that the Mayor and City Clerk be and they hereby are authorized and directed to execute said option agreement for and on behalf of the City of Fort Collins. Passed and adopted at a regular meeting of- the Council held this 7th day of October, A. D. 1965. Harvev G. Johnson ATTEST: /s/ Miles F. House City Clerk Motion was made by CiOnncilmar. Bennett, seconded by Councilwoman Quinn, that this resolution be adonted. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Councilwoman Quinn. Nayes: None. The President declared t motion adopted. The Director of Public Works submitted a program report to the City Manager on the water and sewer construction progress for the period to October 2, 1965. The progress report shows that the work is being carried forward according to the program as outlined. A report from the Director of Public Works to the City Manager in reference to the change orders area the water and sewer construction program was presented. October 4, 1965 To: Mr. Tom Coffey, City Manager From: C. Adam Fischer, Public Works Director Subject: Bond Issue Water and Sewer Change Orders In t he implementation of the original plans of the bond issue water and sewer construction program, it was necessary to make some revisions. The necessary change orders are discussed in detail on the attached letter dated September 24, 1965, from our engineering consultant on the project, J. T. Banner and Associates, Inc. Some of the change orders have already been considered informally by council. It would be the recommendation of my office that the change orders described in the attached letter be accepted by council by formal resolution . the attachIt would ed letterbbethe accepted bydation councilfbyyformalethat the change orders described in resolution. Mr. C. Adam Fischer Director of Public Works Municipal Building Fort Collins, Colorado Respectfully submitted, /s/ C. Adam Fischer Director of Public Works BANNER & ASSOCIATES, Inc. September 24, 1965 Re: Bond Issue Water & Sewer Projects Change Orders Enclosed are copies of proposal from Turnpike Construction Company for furnishing and installing materials and doing work required by change orders to the original Plans and Specifications. Prints of the drawings for these Change Orders have been submitted to you previously. The amounts involved in the Change Orders are as follows: WATER PROJECT Change Order No. 1. Change in alignment and grade west of the C. & S. R.R. nec- essary due to prior construction of 8" sanitary sewer in location different from anticipat ad location. Increase of $1,200, per Turnpike letter dated September 16, 1965. Change Order No. 2. Change in location on property of Mr. Raymond Demere inlW4 Section 23, T. 7 N., R. 69 W. Change requested by Mr. Demers. Additional 35. 1 l.f, of 36" pipe d $21.75 totals $763.42, less reduction of $323.17 due to elimation of one bend, etc., as quoted in Turnpike letter dated August 26. Estimated net increase, approximately 45o. SEWER PROJECT Change Order No. 1 422 1. Change location of Line "A" from Ste. 51/60 to 56/57• Relocates the sewer main from property of Mrs. J. M. Hart to C. & S. R.R. right of way and Wood Street right of way, reduces t he amount of steel carrier and encasement pipes, makes small changes in the amount of clay sewer pipe, and deletes item 18, Line "A", Removal of Septic Tank. Estimat- ed net decrease approximately $2,000. 2. Change 12" x 10, culvert to 24" x 10' culvert at Ste. 49/02, requested by C. & S. R.R. Increase of $3.35 per l.f. Net increase $33.50. 3. Change location of Line "F". The contractor requests increase of 50 cents per l.f. for construction of this line in the new location. Change requested by property owners. Estimated increase for line is $740.00 plus one additional manhole V $277.53. Esti mated net increase is $1,020. 4. Increase waterway area order long span pipe across Spring Creek west of C. & S. R.R. No increase in unit price; however, this increases the amount of excavation re- uired. Change requested by C. P� S. R.R. Estimated amount of increase, approximately 1,930. We have studied these proposals and believe the changes in cost are just and (reasonable. We recommend t he acceptance of these proposals. Very truly yours, J. T. BANNER & ASSOCIATES, INC. /a/ Harry M. John Motion was made by Councilman Bennett, seconded by Councilwoman Quinn, that these change orders on the water and sewer construction work be approved as recommended by the Director of Public Works. 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: October 5, 1965 To: Mr. Tom Coffey, City Manager From: C. Adam Fischer Subject: Acceptance of Street Dedication in vicinity of Poudre High School The department has received a request that the City accept the dedication of a short section of street running West from 24th street in the vicinity of Poudre High School A location sketch of the area involved is attached to this report. In November 1964 the Poudre R-1 School District dedicated the property under con- sideration "to public use forever for street purposes". The dedication was properly execu- ted and is recorded in the Larimer County Recorders Office in Book 1269 on page 545. The purpose of the dedication was to assure the spool district future access from 24th street to school property yet undeveloped to the West. The city of Fort Collins has never accepted this dedication. And when the Build- ing Inspection Department recently received a request for a building permit on a lot abutt- ing the strip of ground, it was necessary that the request be denied because technically the strip is not a "public street". The department can see no great objects-)n to the council accepting this dedica- tion as requested. The following point is important, however, and should be included in the resolution of acceptance. The strip is presently being used as an unimproved roadway. If accepted by the city as a dedicated street, it should be made perfectly clear inthe accept- ance that t he city is accepting no responsibility for the improvement of the street and will be responsible only to maintain it in its present state .. as a dirt street. Respectfully submitted, C. Adam Fischer Public Works Director Motion was made by Councilman Carson, seconded by Councilwoman Quinn, that the street dedication referred to in he above report be accepted and with the exception that no responsibility for the improvements of the street and we will be responsible only in its present state as a dirt street. The improvements, when necessary, are contained in the annexation ordinance. 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 deed was presented: and read at length: DEED OF DEDICATION KNOW ALL MEN BY THESE PRESENTS, That OTTO J. PIERCE and MARY C. PIERCE hereby dedicate and quit claim to the City of Fort Collins, Colorado, a municipal corporation, and to the public, a right of way for road and utility purposes over and across the following described tract of land, situate in the County of Larimer, State of Colorado, to -wit:. 423 Beginning at the NE corner of Section 10, Township 7 Borth, Range 69 West of the 6th P.M., thence West 1331.5 feet, thence S. 0°30' E. 1297.63 feet to the point of beginning, thence S. 89155'15" W. 360 feet, thence S. 0°30' E. 30 feet, thence N. 89055,15" E. 360 feet, thence N. 0030' E. 30 feet, to the point of beginning; Dated this 3rd day of August, A. D. 1965. Isl Otto J. Pierce Mary C. Pierce STATE OF COLORADO) SS. COTINTY OF LARIMER) The foregoing instrument was acknowledged before me this 3rd day of August, A. D. 1965, by Otto J. Pierce and Mary C. Pierce. My commission expires February 3, 1968. Witness my hand and official seal. /s/ John Bartel Notary Public This deed of dedication is that portion of the recommendation of the Planning and Zoning Board on the Pierce Annexation. Motion was made by Councilwoman Quinn, seconded by Councilman Carson, that the deed of dedication be accepted. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Councilwoman Quinn. Nayea: None. The President declared the motion adopted. The following, communication was presented and read at length: October 4, 1965 City Manager Mr. Tom Coffee 300 LaPorte Ave. Dear Sir: Stoner Realty is working with the U.S. Postal Dept. and the C.S.A. on finding a new location in Fort Collins. Through our efforts the Dept. has also offered to sale or trade the present Post Office location of 100' x 1601. We suggestt he City of Fort Collins should consider the purchase of this location. A rough appraisal has been made of $225,000.00 and would consider any offers with possession to be given after the new location is completed. For any further information we will be glad to meet with you and the City Council. Sincerely Yours /s/ Dorothy E. Stoner Glenn Keene George Fender No action was taken on the suggestion contained above The following resolution was presented and read at length: RESOLUTION OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING AN AGREEMENT TO BE ENTERED INTO WITH `JICTOR A. GILSDORF WHEREAS, Victor A. Gilsdor£ has offered to sell sertain water rights to the City of Fort Collins, and the City desires to purchase said water rights, and WHEREAS, an agreement has been prepared by the City Attorney providing for the Purchase of said water rights which agreement has been appoved by the City Manager, and WHEREAS, it is the opinion of the City Council that it is in the best interests of the Citv of Fort Collins to enter into said agreement. NOW, THEREFORE, BE IT RFSOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the terms and provisions of said agreement be and they hereby are accepted and a pproved. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the Mayor and City Clerk be ,and they are authorized amd directed to execute said agreement for and on behalf of the City of Fort Collins. Passed and adopted at a regular meeting of the City Council held this 7th day of October, A. D. 1965. s/ Harvev G. Johnson ATTEST: /s/ Miles F. House Citu Clerk 424 Motion was made by Councilman Carson, seconded by Councilwoman Quinn, that this resolution be adopted. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Councilwoman Quinn. Nayes: None. The President declared th motion adopted. Mayor Harvey Johnson asked to be excused and Assistant Mayor Thomas Bennett took the chair. The final plat of the Parkwood Subdivision, Second Filing, was presented for approval. Motion was made by Councilman Carson, seconded by Councilwoman Quinn, that this be referred to the Planning and Zoning Board for their recommendation. Roll was called resulting as follows: Ayes: Councilmen Carsony,McMillan, Bennett and Councilwoman Quinn. Absent: Councilman Johnson, excused. Nayes: None. The President declared the motion adopted. The following report was presented and read at length: October 6, 1965 To: The Fort Collins City Council From: The Planning and Zoning Board Subject: A54-65 Parkwood Subdivision, Second Filing, containing 83 lots. The Planning and Zoning Board considered this plat on October 5, 1965, and voted to recomme approval by Council. Approval should be subject to approved plans being filed w th the Cit Engineer and the agreement for payment of improvements being signed. Several changes requested at time of considering the preliminary plat have been made. Respectfully submitted, Fort Collins Planning and Zoning Board /s/ Gene Allen Secretary Motion was made by Councilman Carson, seconded by Councilwoman Quinn, that the recommendation of the Planning and Zoning Board be accepted. Roll was called resulting as follows: Ayes: Councilmen Carson, McMillan, Bennett and Councilwoman Quinn. Absent: Councilman Johnson, excused. Nayes: None. The President declared the motion adopted. The final plat of the Broam Subdivision was presented. The following report was presented and read at length: October 6, 1965 To: The Fort Collins City Council From: The Planning and Zoning Board Subject: #52-65 The D. W. Broam Subdivision, containing 9 lots. At the regular meeting on October 5, 1965, the Board considered this plat. Approval is recommended subject to filing of acceptable plans for street improvements and construction of utilities. The usual agreement regarding payment for these facilities should also be signed by the developer. Respectfully submitted, Fort Collins Planning and Zoning Board /s/ Gene Allen Secretary Motion was made by Councilwoman Quinn, seconded by Councilman Carson, that the recommendation of the Planning and Zoning Board be accepted. Roll was called resulting as follows: Ayes: Councilmen Carson, McMillan, Bennett and Councilwoman Quinn. Absent: Councilman Johnson, excused. Nayes: None. The President declared the motion adopted. The following re solution was presented and read at length: RESOLUTION OF THE COUNCIL OF THE CITY OF FORT COLTINS APPROVING QN AGREEMENT TO BE ENTERED INTO WITH DRAKE COMPANY WHEREAS, brake Company, a partnersaip, has offered to sell certain water rights to the City of Fort Collins, and the City desires to purchase said water rights, and 425 WHEREAS, an agreement has been prepared by the City Attorney providing for the ourchase of said water rights which agreement has been approved by the City Manager, and WHEREAS, it is the opinion of the City Council that it is in the best interests of the City of Fort Collins to enter into said agreement. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the terms and provisions of said agreement be and they hereby are accepted and approved. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the Mayor and City Clerk be and they are authorized and directed to execute said agreement for and on behalf of the City of Fort Collins. Passed and adopted at a regular meeting of the City Council held this 7t1a day of October, A. D. 1965. ATTEST: /s/ Miles F. House City Clerk Motion was made by Councilman Carson, seconded by Councilman McMillan, that this resolution be adopted. Roll was called resulting as follows: Ayes: Councilmen Carson, McMillan, Bennett and Councilwoman Quinn. Absent: Councilman Johnson, excused. Nayes:: None. The President declared the motion adopted. The following resolution was presented and read at length: RESOLUTION OF THE COTTNCIL OF THE CITY OF FORT COLLINS APPROVING THE APPLICATION BY THE CITY OF FORT COLLINS FOR THE TEMPORARY USE OF 150 ACRE FEET OF WATER OF THENORTHERN COLORADO WATER CONSERVANCY DISTRICT WHEREAS, the City of Fort Collins has acquired 150 acre feet units of water of the Northern Colorado Water Conservancy District, and WHEREAS, the Board of Directors of the Northern Colorado Water Conservancy Dis- trict require that the City of Fort Collins enter into temporary use permit agreements with said District for the transfer of said water, and WHEREAS, the Northern Colorado Water Conservancy District has submitted approp- riate forms of temporary use permit agreements to be entered into by the City of Fort Collins. 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 150 acre feet of water by entering into temporary use permit agree- ments with the Northern Colorado Water Conservancy District. Passed and adopted at a regular meeting of the Council held this 7th day of October, A. D. 1965. ATTEST: /s/ Miles F. House City Clerk Motion was made by Councilwoman Quinn, seconded by Councilman McMillan, that this resolution be adopted. Roll was called resulting as follows: Ayes: Councilmen Carson.,, McMillan,. Bennett and Councilwoman Quinn. Absent: Councilman Johnson, excused. Nayes: None. The President declared the motion adopted. The -following resolution was presented and read at length: RESOLUTION OF THE COUNCIL OF THE CITY OF FORT COLLINS REAPPOINTING FRANK GHENT AND FRED FEIT AS MEM- BERS OF THE CITY OF FORT COLLINS WATER BOARD. WHEREAS, heretofore Frank Ghent and Fred Fait were appointed as members of the City of Fort Collins water Board, and WHEREAS, their term expired on September 26, 1965, and the City Council desires to reappoint them to such position, and WHEREAS, the sa'd Frank Ghent and Fred Fait have consented to serve for an addi- tional term. 126 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Frank Ghent and Fred Feit be and they hereby are reappointed to the City of Fort Collins Water Board for a term of four (4) years commencing September 26, 1965. Passed and adopted at a. regular meeting of the City Council held this 7th day of October, A. D. 1965. yor ATTEST: /s/ Miles F. House City Clerk Motion was made by Councilwoman Quinn, seconded by Councilman McMillan, that this resolution be adopted. Roll was called resulting as follows: Ayes: Councilmen Carson, McMillan, Bennett and Councilwoman Quinn. Absent: Councilman Johnson, excused. Nayes: None. The President declared the motion adopted. A report from Adam Fischer, the Director of Public Works, to the City Manager in reference to the interpretation of Section 67 of the new water ordinance which has been under discussion and which becomes effective January 1, 1966, was presented to the City Council. After discussion, motion was made by Councilman Carson, seconded by Councilman McMillan, that this report be referred to the Water Board for study and their recommenda- tion. Roll was called resulting as follows: Ayes: Councilmen Carson, McMillan, Bennett and Councilwoman Quinn. Absent Councilman Johnson, excused. Nayes: None. The Presi- dent declared the motion adopted. The following communication was presented and read at length: September 30, 1965 Stanley Case Acting City Manager Citv of Fort Collins SUBJECT: Revision of Section 9, Fort Collins, Colorado Municipal Traffic Ordinance Dear Mr. Case, It has come to our attention that Section 9 of the Municipal Traffic ordinance recpures that the speed limit on the campus be posted on both sides of every street (except one-way streets), which, of course, is both impractical and unnecessary. I, therefore, respectfully request that Section 9 be reviewed to exclude the qualifying statement "where this speed limit is clearly indicated by signs". The ordinance will then read (that portion referring to the University) as follows: "No vehicle shall be driven a a ,greater rate of speed than 20 miles per hour on streets on a University Campus". Thank ,you for your assistance and cooperation in this matter. Sincerely yours, /s/ M. W. Teegarden Chief, Campus Security Colorado State University Motion was made by Councilman McMillan, seconded by Councilwoman Quinn, that this matter be referred to the City Attorney to amend the ordinance as requested. Roll was called resulting as follows: Ayes: Councilmen Carson, McMillan, Bennett and Councilwoman Quinn. Absent: Councilman Johnson, excused. Nayes; None. The President declared the motion adopted. The City Manager presented the plans for the airport building as prepared for Mr. Ron White, the airport operator. These plans have been revised from the preliminary plan two weeks ago. After study of the plans, motion was made by Councilman McMillan, seconded by Councilman Carson, that the plans be approved as revised. Roll was called resulting as follows: Ayes: Councilmen Carson, McMillan, Bennett and Councilwoman Quinn. Absent: Councilman Johnson, excused. Nayes: None. The President declared the motion adopted. The City Manager advised the Council that he had hired Mr. John L. Baudek who has been an Admi-nistrative Assistant of Aurora, to be the new Administrative Assistant here in Fort Collins. He will take up his duties on October 25, 1965. 427 � Motion was made by Councilwoman Quinn, seconded by Councilman Carson, that the Council adjourn. Roll was called resulting a,s follows: Ayes: Councilmen Carson, McMillan Bennett and Councilwoman Quinn. Absent: Councilman Johnson, excused. Nayes: None. The President declared the motion adopted and the Council adjourned. n ATTEST: ' City C1--