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HomeMy WebLinkAboutMINUTES-07/24/1969-Regular425 ----July 24, 1969 MINUTES OF A REGULAR MEETING OF THE COUNCIL OF THE CITY OF FORT COLLINS, Held Thursday, July 24, 1969, at 1:30 ofelock P.M. Present: Councilmen Carson, Troxell, Kissock and Kruchten. City Manager Coffey, City Attorney March and Director of Public Works Liquin. Motion was made by Councilman Kruchten, seconded by Councilman Troxell, that the reading of the minutes of the last regular meeting held July 17, 1969, be dispensed with. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Kissock and Kruchten. Absent: Council- man Lopez, excused. Nayes: None. The Mayor declared the motion adopted. The following ordinance was presented on second reading: ORDINANCE NO. 34, 1969 BE ING AN ORDINANCE AMENDING CHAPTER 19 OF THE CODE OF ORDINANCES OF THE CITY OF FORT COLLINS, COLORADO, 1958, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE AND CLASSIFYING FOR ZONING PURPOSES THE PROPERTY INCLUDED IN THE SPENCER FIRST ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO Motion was made by Councilman Kruchten,seconded by Councilman Kissock, that Ordinance No. 34, 1969, be adopted. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Kissock and Kruchten. Absent: Councilman Lopez, excused. Nayes: None. The ftliodlabaeA:.,e,1 the motion adopted. The following ordinance was presented on second reading: ORDINANCE NO. 35, 1969 BEING AN ORDINANCE AMENDING CHAPTER 19 OF THE CODE OF ORDINANCES OF THE CITY OF FORT COLLINS, COLORADO, 1958, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE AND CLASSIFYING FOR ZONING PURPOSES THE PROPERTY INCLUDED IN THE THUNDERBIRD ESTATES TWELFTH ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO Motion was made by Councilmen Kissock, seconded by Councilman Troxell, that Ordinance No. 35, 1969, be adopted. Roll was called resulting as follows: Ayes: Councilment Carson, Troxell, Kissock and Kruchten. Absent: Councilman Lopez, excuses. Nayes: None.;. The Mayor declared the motion adopted. The following ordinance was presented on second reading: �u ORDINANCE NO. 36, 1969 BEING AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF FORT COLLINS BY CHANGING THE ZONING CLASSIFICATION FOR CERTAIN PROPERTY Motion was made by Coun cilman Troxell, seconded by Councilmen Kissock, that Ordinance No. 36, 1969, be adopted. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Kissock and Kruchten. Absent: Councilman Lopez, excused motion adopted. Nayes: None. The Mayor declared the The following ordinance was presented on second reading: 426 __ July 24. 1969 toy ORDINANCE NO. 37, 1969 BEING AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF FORT COLLINS BY CHANGING THE ZONING CLASSIFICA TION FOR CERTAIN PROPERTY Motion was amade by Councilman Kissock, seconded by Councilman K:auchten, that Ordinance No. 37, 1969, be adopted. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Kissock and Kruchten. Absent: Councilman Lopez, excused. Nayes: None. The Mayor declared the motion adopted. The following ordinance was presented on second reading: 1,1 ORDINANCE NO. 38, 1969 BEING AN ORDINANCE VACATING AN EASEMENT IN THE NORTHEAST QUARTER OF SECTION 23, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE SIXTH P.M. Motion was made by Councilman Troxell, seconded by Councilman Kruchten, that Ordinance No. 38, 1969, be adopted. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Kissock and Kruchten. Absent: Councilman Lopez, excused. Nayes: None. The Mayor declared the motion adopted. The following ordinance was presented on first reading and read at length: ORDINANCE NO. 40, 1969 BEING AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE CITY OF FORT COLLINS, Colorado w'a Councilman Kruchten asked if the property owners in this forced annexation have been given a written notice that they are going to be annexed. Mr. Dave Phillips, living in the 2100 block of West Lake Street, was present and stated that they had not been notified and would like to know what services the City offered, stating that he had a well and septic tank now and had no objections to the annexation himself, also stating they would like to be put on sewer and have street improvements. Motion was made by Councilman Kissock, seconded by Coun cilman Kruchten, that since the property owners have not been notified, that Ordinance No. 40, 1969, be tabled to a later date. Roll was called resulting as follo%B: Ayes: Councilmen Carson, Troxell, Kissock and Kruchten. Absent: Council- man Lopez, excused. Nayes: None. The Mayor declared the motim adopted. The City Manager suggested the City publish a display add to notify the property owners involved in these annexations. Motion was made by Councilman Kissock, seconded by Councilman Krachtbp, that these property owners be notified by publishing an add in the press 427 -- -------- -- _ - --July 24, 1969 or by letter, and that Ordinances No. 41, 42, 44, 45 and 46 be tabled also until this date. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Kissock and Kruchten. Absent: Councilman Lopez, excused. Nayes: None. The Mayor declared the motion adopted. The following resolution was presented and read at length: a RESOLUT ION Ga - , v OF THE COUNCIL OF THE CITY OF FORT COLLINS SETTING FORTH THE INTENT OF THE CITY COUNCIL TO ANNEX CERTAIN AREA TO THE CITY WHEREAS, the property hereinafter described has had for more than three (3) years prior to this date two-thirds (2/3) of its boundary contiguous to the boundary of the City of Fort Collins; and WHEREAS, the City Council of the City of Fort Collins desires to annex said area to said City. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS: 1. That the City Council hereby sets forth its intent to anex the following described property, situate in the County of Larimer, State of Colorado, to -wit: Commencing at the SE corner of the NE14 of Section 15, Township 7 North, Range 69 West of the 6th P.M., thence North along the East line of said NE 253.87 feet; thence West along the North line of the Fifth South Shields Street Annexation to the City of Fart Collins, Colorado, 230.00 feet to the true point of beginning; thence West along said Annexation; 33.00 feet to a pant on the Sixth South Shields Street Annexation; thence West along said Annexation 67.00 feet; thence North along said Annexation 105.83 feet to a point on the Twelfth South Shields Street Annexation; thence East along said Annexation 100.00 feet to the NW corner of the Fifteenth South Shields Street Annexation; thence South along said Annexation 105.83 feet to the point of beginning. 2. The City Council hereby adopts as a part of this resolution the notice attached hereto and establishes as the date, time and place when it will hold a hearing to determine if the proposed annexation complies with the pro- visions of the laws of the State of Colorado the date, time and place set forth in such notice and directs the City Clerk to publish a copy of this resolution andsaid notice as provided in C.R.S., 1963, Section 139-21-7. Passed and adopted at a regular meeting of the City Council held this 24th day of July, A. D. 1969. /s/+Karl E. Carson Mayor ATTEST: City r`' Motion was made by Councilman Kruchten, seconded by Councilman Kissock, that this resolution be adopted. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Kissock and Kruchten. Absent: Councilman Lopez, excused. Nayes: None. The Mayor declared the motion adopted. The City Manager advised the Council that this property is Scotty's Drive-in and has been surrounded by the City more than the required time and is eligible under the three year law for forced annexation. The Director of Public Works stated thet his office would send all property owners a copy of the publication. Motion was made by Councilman y Kissock, seconded by Councilman Kruchten, that Phis be accepted. Roll was 428 July 24, 196.9. called resulting as follows: Ayes: Councilmen Carson, Troxell, Kissock and Kruchten. Absent: Councilman Lopez, excused. Nayes: None. The Mayor declared the motion adopted. �a v The following communication was presented by the City Engineer and read at length: July 22, 1969 TO: Tom Coffey, City Manager THRU: Charles Liquin, Director of Public Works FROM: Roy A. Bingman, City Engineer RE: Sidewalk and curb repairs. We have completed the inspection of approximately fifteen (15) blocks of sidewalk, curb and gutter for required repairs. The list of property owners, together with property descriptions and the amount of defective. sidewalk or curb and gutter is enclosed. I request permission, under authority of Section 22 of the Code of Ordinances, to notify the indicated property owners of the required reconstruc- tion. Where the property owners fail to reconstruct the sidewalk or curb and gutter withins 30-day period, the City will proceed to have the work done at theproperty owner's expense. Also included is a list of property owners to be notified for re- pairs which have been made which are not satisfactory. These will be notified in the same manner asnew listings. Respectfully submitted, /s/ Roy A. Bingman City Engineer After some discussion, motion was made by Councilman Kruchten, seconded by Councilman Kissock, that the recommendation of the City Engineer be accepted and approved. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Kissock and Kruchten. Absent: Councilman Lopez, excused. Nayes: None. The Mayor declared the motion adopted. The following resolution was presented and read at length: ti RESOLUTION OF THE COUNCIL OF THE CITY OF FORT COLLINS ORDERING THE REPAIR AND RECONSTRUC- T L3N OF CERTAIN SIDEWALKS AND CURBS AND GUTTERS IN THE CITY BY THE. OWNERS OF PROPERTY ADJACENT THERETO AND DIRECTING THAT A COPY OF SUCH RESOLUTION BE SENT TO THE OWNERS OF PROPERTY CONCERNED AND GIVING NOTICE THAT IF THE PROP_ ERTY OWNERS CONCERNED DO NOT PERFORM SUCH WORK WITHIN THIRTY DAYS FROM THE DATE A COPY OF THE RESOLUTION IS MAILED TO THEM° THE CITY WILL PERFORM THE WORK AND CHARGE THE COST THEREOF TO SAID OWNERS AND CERTIFY AND COLLECT SAID COST THROUGH THE CUUNTY TREASURER. WHEREAS, heretofore the City Engineer has mrie an inspection of some of the sidewalks, curbs andgutters in the City of Fort Collins and has reported to the City Council regarding the same, and WHEREAS, the City Council deems it necessary that the sidewalks, curbs and gutters described on the attached Exhibit "A' be repaired or recon- structed in order to protect the public. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS: L. That the persons named on the attached Eexhibit "A" being the owners of the real property described on said exhibit, which property is adja- cent to the sidewalks, curbs and gutters in need of repair or reconstruction, are hereby ordered to repair or reconstruct the defective portions of the sidewalk, curb or gutter as indicated on the attached Exhibit "A". July 24, 1969 2. The City Engineer is directed to send a copy of this resolution to each person listed on the attached Exhibit "A" at the addresses shown for such persons on the real property assessment rolls for general taxes for Larimer County. 3. In the event the repairs or reconstruction required by this resolition are not completed within 30 days after the mailing of this resolution to the property owners, the City shall proceed to do the required work and to charge the cost of the same to the abutting property owner end certify and col- lect said cost through the County Treasurer in the same manner that general taxes against the property are collected. Passed and adopted at a regular meeting of the City Council held this 24th day of July, A. D. 1969 /a/ Karl K. Carson ayor ATTEST: /s/ John Bartel City Clerk Motion was made by Councilman Kruchten, seconded by Councilman Troxell, that this resolution be adopted. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Kissock and Kruchten. Absent: Council- man Lopez, excused. Neyes: None. The Mayor declared the motion=adopted. Mr. James Guyer, Chairman of the Landmark Preservation Commission, was present requesting permission of the City Council to establish the old Fort site as a historical landmark district. He stated that the people, involved are ordinarily notified, but since this site is City owned, they did not think this necessary. This site is located east of College and south of the Power Plant. This was a command post in 1865. The are,waas known as the old Miller property, part becaime Linden Street and the balance is under the ownership of Warren Miller. This was known as Camp Collins. Mr. Guyer gave a very interesting story on the history of this site. He presented a resolu- tion which was read at length: RESOLUT ION 6U. OF THE HISTORIC LANDMARK PRESERVATION COMMISSION OF FORT COLLINS SETTING FCVH ITS INTENT, WITH THE CONSENT OF COUNCIL, OF ESTABLISHING THE OLD FORT SITE AS A HISTORIC LANDMARK DISTRICT. q/ 'W WHEREAS, the real property described as follows: (Old Fort Site) Beginning at a point on SErly line of Colorado & Southern Railway right of way, 1172.15 feet South and N. 56040' BE. 227.41 feet from NW corner of Sec. 12. twp. 7 N.R. 69 W. 6th P.M., thence S. 259 feet to NE corner of Lot 3, Bloch 4, City of Fort Collins, according to plat filed January 18, 1873, thence S. 100 feet to NE corner of Lot 5 in said Block 4, thence, West along North line of said Lot 5, 111 feet, thence n. 6016, W. 100.097 feet, thence E. 119.045 feet, thence S. 70.126 feet, thence S. 83°37' E. 75.913 feet to a point which is intersection of center line of zacated Spruce Street and NErly line of Block 6, Fort Collins, extended NWrly, thence S. 83°31' E. 180.3 feet to the most Srly corner of Lot 14 in Block 3, Fort Collins, thence N. 41010' E. 190 feet, to most Erly corner of said Lot 14, thence N. 48°50' W. 150 feet to inter- section of center line of vaoted Sprbce Street, and NErly line of Lots 14 and 16 in said Block 3, extended NWrly, thence N. 41010' E. 79.96 feet, thence E. 197.09 feet, thence S. 48050' E. along NErly line of Blocks w and 3, Fort Collins, 801.35 feet to most Erly corner of Lot 1, Block 2 Fort Collins, thence N. 41°10' E. along NWrly line of Linden Street, extended NErly 668.95 feet to a point on North lineof SE'i of NW4 of said Sec. 12, thence N. 89°50' W. 475.61 feet, thence N. 16'39!g' W. 243.53 feet, thence N. 68°39�' W/ 275.86 feet, thence N. 31042' W. 371.84 feet to a point on SErly line of right of way 1 0.. 430 July 24,1969 S. 56040' w. 670.47 feet to point of beginning. Subject rights of way and easements as not of record, is currently owned by --the City of Fort Collins, and WHEREAS; the Commission, in=preliminary consideration, considers this property to be eligible for designation. -as a landmark District. BE IT RESOLVED that the Commission petitions the Council for per- mission to proceed with the official designation of the gbove described property as a Landmark District. This resolution passed unanimously at the Commission's regular meet- ing held July 14, 1969. Members present: Jim Guyer, Betty Woodworth, Dr. Robert Pike, June Bennett, Gene Allen and Chuck Burchfield. /s/ James W. Guyer Chairman Councilman Kruchten asked Mr. Guyer if there was any more land owned by the City that was part of the original site. Mr. Guyer stated that a large part of the site was owned by the City and known as the Old Dump. Motion was made by Councilman Kruchten, seconded by Councilman Kissock, to accept the resolution as presented and that the various department of the City offer their services in the implementation of this designation. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, and Kissock,/Kruchten..- - Absent: Councilman Lopez, excused. Na-yes: None. The Mayor declared the motion adopted. Mr. Guyer advised the Council that in 1973 the City of Fort Collins will be 100 years old. The following bids were presented and read at length: July 24, 1969 TO: Honorable Mayor and Councilmen THROUGH: Tom Coffey, City Manager FROM: E. M. Kuppinger, Purchasing Agent Bids have been received and evaluated covering the purchase of three pole type transformers, 100 KVA, 2400/4160, and seven pole type transformers 100 KVA, 6720--- 277/480 volt. Five companies responded to the invitation to bid. The low bidder for the three 100 KVA tranformers is Lewis & Associates for $698.00 each, and the low bidder for the seven 100 KVA, 6720 is Lewis Asso- ciates for for 698.00,each. A recapitulation of the bids is attached. Mr. Hill Wilson and Mr. Bob Kost, evaluated the bids and all specifications were met. The recommendation is that the low bidder Lewis and Associates be awarded an order to cover 10 transformers for a total dollar amount of $6,980.00. Respectfully submitted, /s/ E. M. Kuppinger Purchasing Agent Motion -was made by Councilman Troxell, seconded by Councilman Kissock, that the low bid be adopted. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Kissock and Kruchten. Absent: Councilman Lopez, excused. Nayes: None. The Mayor declared the motion adopted. 0 ,to.. 431 July 24,_126i_ - 01 The Parkwood Unit Development Plant, which was tabled July 17, 1969, was again presented. Motion was made by Councilman Kissock, seconded by Councilman Kruchten, that this be removed from the table. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Kissock and and Kruchten. Absent: Councilman Lopez, excused. Nayes: None. The Mayor declared the motion adopted. Don Reynolds, the Planning Director, was present and advised the Council that the amending of the plat of the 5th Filing as requested by the Council, was prepared. Motion was made by Councilman Kruchten, seconded by Councilman Troxell, that the revised plat be approved. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Kissock and Kruchten. Absent: Councilman Lopez, excused. Na-yes: None. The Mayor declared the motion adopted. The following petition was presented and read at length: P E T I T I O N �11 To: City Council Fort Collins, Colorado COME NOW the undersigned Petitioners, the owners of the following described property: W� of Lot 2, Block 106, Harrison's Addition to the City of Fort Collins, Colorado; E� of Lot 2 and the W. 5 feet of Lot 1, Block 106, Harrison's Addi- tion to the City of Fort Collins, according to Plat filed March 26, 1881. Beginning at a point 50 feet Westof the Southeast corner of Lot 1, Block 106, Harrison's Addition to theCity of Fort Collins, Colo- rado, thence N. 110 feet; thence W. 45 feet, thence S. 110 feet, thence E. 45 feet to place of beginning; Beginning on the East line of Lot 1 of Block 106, Harrison's Addi= tion to the City of Fort Collins, Colorado, which point lies 50 feet South of the NE corner of the said Lot 1; thence South 50 feet; thence West 95 feet; thence North 50 feet; thence East 95 feet to, the point of beginning; Commencing at NE corner of Lot 1, Block 106, Harrison's Addition to theCity of Fort Collins, Colorado, thence West 95 feet; thence South 50 feet; thence East 95 feet; thence North 50 feet of point of beginning; S!!� of Lot 3, Block 106, Harrison's Addition to the City of Fort Collins, Colorado; and petition that the following described alley: BeginninO at the NW corner of Lot 2, Block 106, Harrison's Addition to the City of Fort Collins, thence North 25 feet mor or less to the SW corner of Lot 3 in said Block, thence East 190 feet more or less along the South line of Lot 3 to the SE corner of Lo t 3 in said block, thence South 25 feet more or less to the NE corner of Lot 1 in said block, thence West along the North lines of Lots 1 and 2 in said Block 190 feet more less to point of beginning; be vacated; And as gmznds for this petition , state that there is no need for an alley at this location; that said alley is not a through alley but dead ends on the west; that other alleys in said Block provide ample access to property therein; 432 July 24,1969 That the undersigned are the sole owners of the properties adjacent to said alley and desire the vacation of same; WHEREFORE, the undersigned pray that the above described alley boo vacated. Dated this 22nd day of July, 1969: /s/ Robert E. Bement /s/ Thelma F. Bement APPROVED: Fort Collins Federal Savings and Loan Association /s/ By: Elwin R. Hunter President ATTEST: /is/ J. L. Johnson Secretary STATE OF COLORADO) ) as. COUNTY OF LARIMER) The foregoing Petition was acknowledged beforeme this 22nd day of July, 1969. Witness my hand and official seal. My commission expires: 5/7/73. Mildred G. Schmohl Notary Public Motion was made by Co uncilman Kruchten, seconded by Councilman Troxell, that this petition be referred to the Planning and Zoning Department and the Engineering Department for checking the right of ways. Roll was ceased resulting as follows: Ayes: Councilmen Carson, Troxell, Kissock and Kruchten. Absent: Councilman Lopez, excused the motion adopted. Noyes: None. The Mayor declaved The Mayor asked if anyone in the audience wished to speak or ask any questions. Mr. Dave Phillips appeared again and asked why the City was annexing this property when it was surrounded. He was advised that the proper amount of time had elapsed and it was the City's intent to close up all small islands. He also was informed concerning the cost of water at sewer tap and street im- provements. The Mayor stated before any final decisions were made onliquor applications, he felt the City had a responsibility to the people and another meeting would be called within the next two weeks, inviting the :State Author- ities to assist the local authorities in the issuing of original licenses. i The City Manager advised the Council that he had a notice from the Public Utilities Commission concerning a tariff change September 15, 1969, in gas and electric rates, due January, 1970, hearing date October 23, 1969. The Colorado Municipal League will be entering into the case. 433 - - - -- --- - July 24, 1969 Councilman Kruchten reported on the condition of the picnic area at the Water Works recreation park. Stating that it is not what it used to be. He reported that the tables are in bad shape and fire places are damaged, and part of the park is grown up with weeds and scrub brush. He asked that the administration consider reviewing ithe lease of the Breakfast Optimist Club on the island on the Poudre River and make a report. The City Attorney reported on the matter of cleaning up an area on with the east side of Grandview Cemetery, stating that he had met/the City Manager and the Fire Chief, and the Fire Chief reported that he hopes to get this area cleaned up ,within 90 days or the parties involved will be taken to Court. The matter of the time limit for construction of a fence after a permit has been issued, was discussed. The Director of Public Works stated that construction must be started within 60 days. A permit could run as long as a year, after which another permit can be received at one-half the price and must be used in six months. The City Attorney stated tYA a fence can come up to the property line only. Motion ,IasnBde by Councilman Troxell, seconded by Councilman Kruchten, that the Council adjourn. Roll was called resulting as follows: Ayes: C-oun.clilmen Carson, Troxell, Kissock and Kruchten. Absent: Councilman Lope;, excused. Nayes: None. The Mayor declared the motion adopted and the Council adjourned. Ma ATTEST: _ a City 2le