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HomeMy WebLinkAboutMINUTES-03/03/1966-Regular582 MINUTES OF A REGULAR MEETING OF THE COUNCIL (' THE CITY OF FORT COLLINS, Held hursday, March 3, 1966, at 1:30 o'clock P.M. Present: Councilmen Johnson, Carson, McMillan, Bennett and Kruchten. City Mana- ger Coffey, City Attorney March and City Engineer Fischer. Motion was made by Councilman Carson, seconded by Councilman Bennett, that the readi-ng of the minutes of the last regular meeting held February 2�, 1966, be dispensed th. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Kruchten. Nayes: None. The President declared -the motion adopted. The following ordinance was presented on second reading: ORDINANCE NO. 19, 1966 BEING AN ORDINANCE ANNEXING CERTAIN TERRITORY TO TIE CITY OF FORT COLLINS, COLORADO The City Clerk advised the Council that the water rights have not as yet been received but that inasmuch as it will be necessary for the City to .purchase said water rights under the agreement previous to the first of January, it is assumed that these water rights will be furnished to the City within a very short time. Motion was made by Council- n McMillan, seconded by Councilman Carson, that Ordinance No. 19, 1966, be adopted and become a law upon passage. Roll was called resulting as follows: Ayes: Councilmen Johnso Carson, McMillan, Bennett and Kruchten. Nayes: None. The President declared the motion adopted. The following ordinance was presented on second reading: ORDINANCE NO. 20, 1966 AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE CITY OF FORT COLLINS, COLORADO Motion was made by Councilman Bennett, seconded by Councilman Kruchten, that Ordi- nance No. 20, 1966, be adopted and become a law upon passage. Roll w as called resulting as llows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Kruchten. Nayes: None. e President declared the motion adopted. This being the date of the hearing of the Rhodes Second West Elizabeth Annexation zoning, the following ordinance was presented on first reading: E ORDINANCE NO. 24, 1966 G AN ORDINANCE AMENDING CHAPTER 19 OF THE CODE OF ORDINANCES OF THE CITY OF FORT COLLINS�. , AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE AND CLASSIFYING FOR ZONING PURPOSES PROPERTY INCLUDED IN THE RHODES SECOND WEST ELIZABETH There being no objections, motion was made by Councilman Carson, seconded by Councilman Bennett, that Ordinance No. 4, 1966, be considered favorably on first reading, and ordered published this 3rd day of March, A. D. 1966, and to be presented for final passage on the 24th day of March, A. D. 1966. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Kruchten. Nayes: None. The President declared the motion adopted. This being the date of the hearing on theValley Hi Second Annexation zoning, the following ordinance was presented on first reading: ORDINANCE NO. 25, 1966 BEING AN ORDINANCE AMENDING CHAPTER 19 OF THE CODE OF ORDINANCES OF THE CITY OF FORT COLLINS COLORADO, 19580 AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE AND CLASSIFYING FOR ZONING PURPOSES THE PROPERTY INCLUDED IN THE VALLEY HI SECOND ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO There being no objections, motion was made by Councilman McMillan, seconded by ouncilman Carson, that Ordinance No. 25, 1966, be considered favorably on first reading, nd ordered published this 3rd day of March, A. D. 1966, and to be presented for final 58 Manrth �. IQF.h (passage on the 24th day of March, A. D. 1966. Roll was called resulting as follows: Ayes. jCouncilmen Johnson, Carson, McMillan, Bennett and Kruchten. Nayes: None'. The President declared the motion adopted. This being the date of the hearing on the zoning of the Pierce, Hohimer, South Taft Hill Fourth and Fourth College Annexations, the following ordinance was presented on first reading: ORDINANCE NO. 26, 1966 (BEING AN ORDINANCE AMENDING CHAPTER 19 OF THE CODE OF ORDINANCES OF THE CITY OF FORT C COLORADO, 1958, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE AND PLACING CERTAIN PROPERTIES IN ZONING CLASSIFICATIONS There being no objections, motion was made by Councilman Bennett, seconded by Councilman Kruchten. that Ordinance No. 26, 1966, be considered favorably on first reading and ordered published this 3rd day of March, A. D. 1966, and to be presented for final passage on the 24th day of March, A. D. 1966. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Kruchten. Nayes: .None. The President declared the motion adopted. The following ordinance was presented on first reading: ORDINANCE NO. 27, 1966 BEING AN ORDINANCE AMENDING ORDINANCE NO.ED, 21-49RELATI39 OF TO THESEWCODE OF ORDINANCES OF THE CITY OF FORT COLLINS, After presentation of the ordinance, Mr. Edwin Miller protested the change in the rates which this ordinance would make. He stated that it would increase the sewer rates of the small metered property with a reduction in rates for the apartment houses, etc., which consists of a large number of living units. He spoke at length regarding the basis of sewer rates of water uses, stating that there was not any relation between the two. Public Works Director Adam Fischer, replied to this last statement and said that use of the sewer is directly related to the amount of water used within a house or building. After further discussion between Mr. Miller and members of the Council, motion was made by Councilman McMillan, seconded by Councilman Carson, that Ordinanee No. 27, 1966, be considered favor- ably on first reading and ordered published this 3rd d ay of March, A . D. 1966, and to b e Presented for final passage on the 24th. day of March, A. D. 1966. Roll was called result- : Johnson, Carson, McMillan, Bennett and Kruchten. Nayes: ing as follows' Ayes Notie. The President declared the motion adopted. The following petition was presented and read at length: PETITION AND APPLICATION FOR REZONING STATE OF COLORADN ss. COUNTY OF LARIMER) THE CITY OF FORT COLLINS, COLORADO TO THE CITY COUNCIL' OF Gehtlemen: ersigned, being the owners of 50% of the following described property, We, the und City er Fort Collins, County of ''arimer, State of Colorado, to -wit: situate in the corner of Block 12, A. L. Emigh's Subdivision of Commencing 20 feet North of the hi North, Range 69 West of the 6th P.M., 1 SE-,!- of Section 1!}, Township 7 feet; thence East 50 the Sa. plat filed O-tober 28, 1907; thence South 293 thence North 3.1 feet; thence East 132.7 feet; thence North 51 feet; thence according to point 20 feet North of the NE corner of feet; thence North 239 feet to e 0 feet, �s Subdivision; thence West 332.7 feet to the point of beginning; East 15 L. Emigh said A. or lessy do ectfully petition and request that the City �£ Containing two acres, ingsaid above described land from RH zone to BG zone. Fort Collins by changing Respectfully submitted, ,584 /sr Elie E. Thomas Bernice M. Thomas James Anderson Sadie L. Anderson STATE OF COLORADO) ) as. COUNTY OF LARIMER) /s./ William Paul Dees Bruce L. Benefiel Lorin G. Kautz The foregoing instrument was acknowledged before me this 23rd day of February By Charles L. Rhoades for the purposes therein set forth. commission expires 9-7-69. s/ Charles L. Rhoades tary Public *Note: Filing of a petition to rezone requires a deposit of $50.00 with the City Clerk to defray the cost of the amendment. Motion was made by Councilman Carson, seconded by Councilman Kruchten, that this petition be referred to the Planning and Zoning Board for their recommendation. Roll was called resulting as follows: Ayes; Councilmen Johnson, Carson, McMillan, Bennett and Kruchten. Nayes: None. The President declared the motion adopted. The following report was presented and read at length:. March 2, 1966 To: The Fort Collins City Council FROM: The Planning and Zoning Board SUBJECT: No. 7-66 The 13th South Shields Annexation -- 6.513 Acres. At the meeting held March 1, 1966, the Board considered this petition. It is recommended the area be annexed with some modificationof the types of zoning to be applied. The petition requested B-L Limited Business, for the entire annexation. As a preferable alternative, the Board recommends B-L for the south 359 feet and R-H High Density Residenti for all other property included. This arrangement is a continuation of established zoning lines east of and adjoining this annexation. In order to eliminate an asland of County area, additional properties have been included in the north portion which abutts Plum Street. Owners of these properties did not sign the petition;. and if City Council wishes to complete the annexation with these included, the planning office should contact owners and siscuss the annexation and zoning with them. Dedication of 30 feet for the east one-half of City Park Avenue should be made and water rights or cash acquired on unimproved land. Respectfully submitted FORT COLLINS BLANNING AND ZONING BOARD /s/ Gene Allen Secretary Motion was made by Councilman Carson, seconded by Councilman Kruchten, that they approve" of the recommendation of the Planning and Zoning Board with the change of zone as recommended and referred to the City Attorney for the necessary papers for annexation. Roll was called resulting as follows: Ayes. Councilmen Johnson, Carson, McMillan, Bennett and Kruchten. Nayes: None. The President declared the motion adopted. .4, Mr. Dana Petersen was present and questioned the Council as to the extent of the zoning as recommended by the Planning and Zoning Board and asked that it be explained to The following report was presented and read at length: March 2, 1966 TO: The Fort Collins City Council FROM: The Planning and Zoning Board SUBJECT: No. 8-66 Second West Elizabeth Annexation, containing 1.358 acres On March 1, 1966, the Board considered this petition and recommends annexation of the tract with zoning as requested. The transfer of water rights or cash payment should be arranged prior to final reading of the annexation ordinance. espectfully yours, T COLLINS PLANNING AND ZONING BOARD s/ Gene Allen Secretary 585 IIMotion was made by Councilman Carson, seconded by Councilman Bennett, that the recommendation of the Planning and Zoning Board be accepted and the matter be referred to the City Attorney to prepare the necessary papers for annexation. Roll was called result- ing as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Kruchten. Nayes: None. The President declared the motion adopted. The following report was presented and read at length: March 3, 1966 TO: The Fort Collins City Council FROM: The Planning and Zoning Boa d SUBJECT: #f9-66 King Rezoning Request, Containing 2.4 Acres. This matter was considered at the meeting held March 1, 1966. The Board heard .comments both for and against the proposal, since several owners of land near the subject property appear- ed and were heard. Part of hhese people opposed any change in zoning on the King property. Others stated they have nor objection to this change, but thought no additional extension of other than R-L should be permitted in the future. It is recommended by the Board to grant the rezoning as petitioned for. Respectfully submitted, Fort Collins Planning and Zoning Board /s/ Gene Allen Secretary Motion was made by Councilman McMillan, seconded by Councilman Carson, that the recommendation of the Planning and Zoning Board be accepted and the matter be referred to the City Attorney to prepare the necessary resolution and notice of hearing. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Kruchten. Nayes: None. The President declared the motion adopted. The following communication was presented and read at length: March 3, 1966 To, The Fort Collins City Council FROM: The Planning and Zoning Board SUBJECT: Drake Company Rezoning Petition, involving three types of zoning on about 41 acres. Following a lengthy hearing and discussion at the meeting on March 1, 1966, this item was tabled for additional study. It will be considered again at the regula meeting of the Board on April 5, 1966. Respectfully submitted, Board Fort Collins Planning and Zoning /a/ Gene Allen Secretary The following communication was presented and read at length: HUMBLE OIL & REFINING COMPANY March 2, 1966 city Council City of Fort Collins Fort Collins, Colorado Attention Mr. Miles House, City Clerk lemen: Oil & Refining Company does hereby request approval from the City The Humble it to erect a service station inCollins. This requesttf isinhintersection accordance with Section abeth and Taft Hill Road inOrdinances of the City of Fort Collins. Chapter 9, of the Codeof The property involved is more fully described as follows: d located in the SS4 NE4 A parcel of land of Sec. 16, Township 7 North, Range 69 County, Colorado being more particularly described as West parcel the laP.M., larimer follows, to -wit: Beginning at the point of intersection of the which pointrth iElizabethne of West is 20.0 feetnorthStreet and400 and the west line of South Taft Hill ornerdofsaidSec. 16 feet west of the east one -quarter Thence N. 0°32� W. a distance of 150.0 feet; Thence N. 89 hence " Southeasterly a distance of 150.0 feet; Thence S. 9°321 E• a i stof 260.0 feet aedistancecof163feetto on right having a radi s of O" E. a distance of e curve to the rig chord of which curve bears S. 60°55'3 point of tangent, the long IM feet; Thence 9. 70°37t30" E. a distance of 21.0 feet to a point 20.0 feet north of the south line of said SE!, NE4; Thence S. 89°43130" E. a distance of 116.5 feet more or less to the point of beginning. Enclosed please find a copy of the plot plan of the proposed service station show- ing location of buildings, tanks, curb cuts, etc., in compliance with city ordinames. Yours very truly, /s/ Ralph Koch After discussion, motion was made by Councilman McMillan, seconded by Councilman Carson, that the request be referred to the Public Works Department with consideration of the recommendation made by the Planning and Zoning Board in denying a vacation petition at this address in which they recommended certain procedures of land scaping, etc., if a service station location was granted on this property. Roll was called resulting as follows Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Kruchten. Nayes: None. The Pres- ident declared the motion adopted. Councilman Carson brought up the matter of striping the parking spaces and streets in the down town section. He stated that he had a number of complaints since the meter posts have been removed that the public are not using the parking spaces to the best advan- tage and requested the City Manager to take some action regarding striping the parking spaces and the streets. The City Manager advised the Council that the striping machine had been received and the Works Department were ready to do the striping as soon as the ather clears and warms up to 600 fahrenheit. He stated that the paint would not adher under this temperature and also that the paint would be mixed with glass beads for reflectio purposes at night and this necessity will mean a longer cur hg" period. The following communication was presented and read at length: Hill and Coyte February 28, 1966 Zoning Board of Appeals of City of Fort Collins, Colorado c/o City Clerk Municipal Building Fort Collins, Colorado Re Application of Robert T. Smith, by Ben Olds, contractor, No. 250, for indoor restaurant at 1100 South College Avenue, Fort Collins, Colorado. Application dated Decem- ber 15, 1965. Final Denial January 17, 1966. Property: North 150 feet of West 140 feet of Block 7, Lake Park Addition, Fort Collins, Colorado. Gentlemen: On behalf of the above named applicant, please treat this letter as an appeal from your decision in the above c aptioned matter and as a request to transmit your records immediately to the City Council so that they may hear and decide this appeal from your denial of the above application. By a copy of this letter we are asking that this appeal be placed on the agenda ang heard by the City Council on Thursday, March 3, 1966. Very truly yours, /s/ Alden V. Hill After presentation of the letter, City Attorney March advised the Council that it was very proper for them to hold a hearing and advise adjacent property owners of said hearing, if they so wished. Mr. Alden Hill was present and disputed this matter and stated that the code of ordinances said that the Council can hear and determine whether or not to rescind any decision of the Zoning Board of Appeals and that he respectively requested the City Council to hear this matter at this time. He spoke at considerable length in reference to the interpretation of the zoning Board of Appeals of the words "Indoor Restaurant". He spoke at length regarding the statement that McDonald s Drive -In furnished the Zoning Bo ard of Appeals, also a letter from'Trafton Bean, City Consultant, in reference to indoor Restau- rant interpretation and argued on other points that lead to the decision of the Zoning Boardl of Appeals to uphold the decision of the Building Inspector . After considerable discussion 587 1 between members of the Council and Mr. Hill, motion was made by Councilman Bennett, second- ed by Councilman Carson, that this matter be tabled for one week and the City Attorney advise the Council regarding the various points under dispute. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Kruchten. Nayes: None. The President declared the motion adopted. Mr. Dale Ellis appeared before he Council in reference to the action of the Building Inspection office denying him a permit for a motion picture operator license. This denial was made under the terms Of the Code of Ordinances, Section 4-23 of Chapter 4, which states that a motion picture operator must be 21 years of age and that they serve one year as an apprentice operator. Mr. Ellis admitted that he was 19 years old. After discussion between members of the Council, motion was made by Councilman Bennett, seconded by Councilman Kruchten, that this matter be referred to the City Manager and City Attorney to determine if, under the present circumstances, these restrictions would remain and the ordinance covering motion picture licenses, and that the matter be tabled for one week. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan,Bennett and Kruchten. Nayes: None. The President declared the motion adopted. The following communication was presented and read at length.: WILLIAMS & STRAHLE February 21, 1966 Sr. Adam Fischer, City. Engineer lunicipal Building 'ort Collins, Colorado Year Mr. Fischer: William E. Gutscher and Violet.L. Gutscher are the owners of the following lescribed property: Beginning 605.22 feet West and 359.7 feet North of the SE corner of the SE4 of the NE-1 of Section 15, Township 7 North, Range 69 West of the 6th P.M., thence West 121.1 feet, thence North 359.7 feet; thence East 121.1 feet, thence South 359.7 feet to the point of beginning; in the City of Fort Collins. Scott Street runs along the East boundary of this tract, and on April 2, 1962, Ir. and Mrs. Gutscher signed a quit claim deed conveying to the City of Fort Collins what hey thought was a right-of-way for Scott Street. This deed, which described inaBook 1174, gage 543 of t'ae Larimer County, Colorado, records, yeP lows Commencing 726.32 feet West and 709.4 feet North of the SE cornerof the NE4 of the NE4 of Section 15, Township 7 North, Range 69 West of the 6th P.M., thence East 25 feet, thence South 349.7 feet, thence West 25 feet, thence North 349.7 feet to the point of beginning. As you will observe, this amounts to a strip 25 feet wide along the West, rather han the East boundary of the Gutscher property. e is no eet, nor of Mr. and Mrs. West scher side oflls theme that property. They wouldrlike veryamuchotoirectify this ny street, along the Westfoot ituation by giving the city a deed to a 25 describedpimmed3atelyon the tabove.ofInhthereventyand such eaeiving a deed from the city to the strip n arrangement is acceptable toth bedelands, we would propose to give you a right-of-way over nd across the following 60 eWest and 359.7 feet North of the SE corner of the NE4 of Sec Beginning22et Range 69 West of the 6th P.M. thence West 25 feet, T605 22 tion 15, p feet 7 feet, thence East 25 feet, thence South 359.7 feet to the point thence North 3in'the City of Fort Collins. of beginning; Ind like very much to hear from you at your earliest convenience as to your atti- and when we might be able to consummate the transaction. If at all ude on this proposal, whenwe if you could place this item on the agenda of the City ossible, I would be very grateful 24, 1966. ouncil for Thursday, February If you have any questions co warning this situation, or if I can be helpful in ny way, please let me know. fours very sincerely, Isl .Ronald H. Strahle The City Attorney advised the Council that there was an error when the deed was �nveyed for the right-of-way for street and that in order to correct same, that it was seessa ry that William E. Gutscher and Violet L. Gutscher convey by deed the correct propert; '1 linvolved in this right-of-way for street purposes and that the City execute a conveyance of Ithe property which was conveyed in error to William and Violet Gutscher. The following resolution w as presented and read at length: RESOLUTION OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZing THE SALE OF CERTAIN PaOPERTY OwxED Iry THE NAME OF THE CITY OFFORT COLLINS WHEREAS, William E. Gutscher and Violet L. Gutscher heretofore conveyed the follor ing described property to the City of Fort Collins by quit claim deed recorded in Book 1174 at Page 54cc3 of thenn&Larii2mer C{po'untytrretcords: g t t g t �7E Sect�oni15,7Tow ahipe Northan`tange46 eWest ofhthe bth PEM.orthence East 2 feet, thence East 25 feet, thence South 349.7 feet, thence West 25 feet, thence North 349.7 feet to the point of beginning. land WHEREAS, sigid property was acquired for street purposes, and WHEREAS, through an error, said deed conveyed the wrong property to the City, and WHEREAS, William E. Gutscher and Violet L. Gutscher have offered to convey the correct property to the City in exchange for a deed to the property heretofore conveyed, and WHEREAS, the property previously conveyed to the City is not used nor intended to be used for municipal purposes nor was it secured for the purpose of being used for munici- pal purposes; and it appears to the best interests of the City to convey said property to William E. Gutscher and Violet L. Gutscher and to accept a deed for the correct property to the City. 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 execute a conveyance of said property to William E. Gutscher and Violet L. Gutscher and to deliver said deed upon receipt of a deed from the said William E. Gutscher and Violet L. Gutscher conveying the following described property: Beginning 605.22 feet West and 359.7 feet North of the SE corner of the NE4 of Section 15, Township 7 North, Range 69 West of the 6th P. M., thence West 25 feet, thence North 359.7 feet, thence East 25 feet, thence South 359.7 feet to the point of beginning, in the City of Fort Collins. Passed and adopted at a regular meeting of the City Council held this 3rd day of rch, A. D. 1966. /a/ Harvey G. Johnson Mayor ATTEST s/ Miles F. House itv 81erk Motion was made by Councilman Carson, seconded by Councilman McMillan, that this resolution.be adopted. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Kruchten. Nayes: None. The President declared the motion adopted. The City Manager advised the Council that he had been in negotiation with the Stati Highway Department in reference to directional signs on the airport road to highway 25. The City Manager advised the Council that the Water Board had requested that two ers be appointed from the City of Fort Collins as members of the five city committee to study water in the area•of Boulder, Longmont, Love land, Fort Collins and Greeley. Motio was made by Councilman Carson, seconded by Councilman Bennett, that Harvey G. Johnson and Norman Evans be appointed as representatives of the City of Fort Collin s on this committee. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Kruchten. Nayes: None. The President declared the motion adopted. The City Manager reported that he and the engineer who designed the audio system felt that the bid, as accepted by the Council at last weeks meeting, was too high and recom-II mended that they rescind approval of same. Motion was made by Councilman McMillan, secondedll by Councilman Kruchten, that all bids for the audio system be rejected and that the City II Manager be authorized to negotiate for the instalation of the audio system as originally designed. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, 11 589 McMillan, Bennett and Kruchten. Naves: None. The President declared the motion adopted. The City Manager reported that he had been studying the matter of a connection to be made between the Greeley and Fort Collins systems in order that either Fort Collins or Greeley, in case of an emergency, to serve the other City with some water if needed. This matter had been considered three or four years ago but was not followed through. He stated that the estimated cost of this connection would be in the neighborhood of $2,500,.90. Motion was made by Councilman Carson, seconded by Councilman McMillan, that the City Manager and City Attorney investigate and finalize such an agreement for consideration of the City Council. Roll was called resulting as follows: Ayes: Councilmen Jobnson, Carson, McMillan, Bennett and Kruchten. Nayes: None. The President declared the motion adopted. Motion was made by Councilman Carson, seconded by Councilman Bennett, that the Council adjourn. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Kruchten. Nayes: None. The President declared the motion adopted and the Board adjourned. or ATTEST: 6