HomeMy WebLinkAboutMINUTES-11/13/1969-RegularMINUTES OF A REGULAR 1,1EETING OF THE COUNCIL OF THE CITY OF FORT
COLLINS,.Held Thursday, November 13, 1969, at 1:30 olclock P.M:
Present: Councilmen Carson, Troxell, Kissock and Kruchten. City
Manager Coffey, City Attorney March and'Director of Public Works Liquin.
Absent: Coun-cilman Lopez, excused.
Motion was made by Councilman Kissock, seconded by Councilman Kruchten'
that the reading of the minutes of the last regular meeting held November 6,
1969, be dispensed with. Roll was called resulting as follows: Ayes:
Councileen Carson, Troxell, Kissock and Kruchten. Absent: 'Councilman Lopez,
excused. Nayes: None. The Mayor declared the motion adopted.
The Mayor presented .a proclamation proclaming American National
Unity Week November 9-16, and urged that the public participate by putting
flags.= out, wearing arm bands or turning on their lights.
The following ordinance was presented on second reading:
ys� ORDINANCE NO. 68, 1969
BEING AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE CITY OF FORT COLLINS,
COLORADO
Motion was .made by Councilman Troxell, seconded by Councilman
Kissock, that Ordinance Ulo. 68, 1969, be adopted. Roll -was called resulting
as follows: Ayes: Councilmen Carson, Troxell, Kissock and Kruchten. Naye--:
Absent: Councilman Lopez, excused. Nayes: None. The Mayor declared the
motion adopted.
\6 The following resolution was presented and read at length:
RESOLUTION 69-99
OF'THE COUNCIL OF THE CITY OF FORT COLLINS GIVING PUBLIC.NOTICE CONCERNING A
PROPOSED ORDINANCE CHANGING THE ZONING MAP OF THE CITY OF FORT COLLINS AND"
AMENDING CHAPTER 19 OF THE CODE OF ORDINANCES OF THE CITY OF FORT COLLANS,
.COLORADO, 1958, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE
WHEREAS, a written petition has been presented to the City Council
.requesting that the zoning classification for the property more particularly
described in the "Notice of Public Hearing" attached hereto be changed from
R-L,.Low Density Residential District, to R-M, Medium Density Residential
District; and
WHEREAS, the Planning and Zoning Poar d has -made a study of said
Rezoning request and has held a hearing and made a`report and recommendation
t hereon, all in accordance with the provisions of Section 19-46 of the Code
of Ordinances of the City of Fort Collins, Colorado, 1958, as amended; and\
WHEREAS, the City Council desires to hold a public hearing on
said -rezoning request as required by Section 19-46.1 (5) of the Code of
Ordinances of the City of Fort Collins, Colorado, 195-3, as amended.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF TR--'-CITY OF F0R^1
COLLINS that December llth, 1969, at 1:30 P.M., or as soon thereafter as the
matter may come on for hearing, in the Council Chambers in the'City..Hall of
the City of Fort Collins is hereby set -as the time and place:for"a`public
hearing_on said rezoning request; and
BE IT FURTHER RESOLVED that the City Clerk is hereby instructed to
publish a notice of said hearing as proviced in Section 19-46.1 (5) of
the Code of Ordinances of the City of Fort Collins, Colorado, 1958, as ainended.
in.the form attached hereto.
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__ __._November--13,-19-69____
Passed.and adopted at a regular meeting of the City Council held
this 13th day of November, A. D. 1969.
Karl E. Carson
Mayor
ATTEST:
•[]OT49M
Motion was made by Councilman Kruchten, seconded by Councilman
Troxell, that this resolution be adopted. Roll was called resulting as follow=:
Ayes: Councilmen Carson, Troxell, Kissock and Kruchten. Absent: Councilman
Lopez, excused. Nayes: None. The Mayor declared the motion adopted.
The Maxfield Second Annexation was presented for consideration.
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This annexation has eleven separate property owners. Motion was made by
Councilman Troxell, seconded by Councilman Kruchten, that this matter be
referred.to the Planning and Zoning Board for their recommendation. 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 Fourth Spring_Creek Annexation was presented for consideration.
This has five property owners. M6tion was made by Councilman Kissock,
seoonded by Councilman Troxell, that this be referred to the Planning and
Zoning Board for their recommendation. Roll was.called resulting as follows:
Ayes: Councilmen Carson, Troxell, Kissock and Kruchten. Absent: Council-
man Lopez, excused. Nayes: None. The Mayor declared the mation.adopted.
The following addenda was presented and read at length:
ADDENDA
THIS AGREEMENT is made as an addenda. -to that certain agreement dated
April 20, 1967, and that certain agreement of even date, both between the City
of Fort Collins, Colorado, a municipal corporation, hereinafter called the
Owner, and Frank Hummel, hereinafter called the Contractor.
WHEREAS, the parties hereto entered into an agreement on April 20,
1967, wherein the Contractor agreed to.act.as•architect for the Owner in design-
ing and constructing a golf course, and
WHEREAS, subsequent to said agreement the Contractor made a bid for
the construction of said golf course, which bid was the bid accepted by the
Owner, -and
WHEREAS, the acceptance of such bid was made with the understanding \
that certain changes would be made in the agreement of April 20, 1967, and in
the agreement of even date between the parties hereto in order to eliminate any
1 conflict of interest on the part of the Contractor.
NOW, THEREFORE, THIS AGREEMENT:
WIT ESSETH
1. The agreement of April 20, 1967, is hereby amended and changed
in the following particulars.
a) Item 4 contained on Page 1 of said agreement is hereby amender'
by adding the following: Upon the completion of the construction, the Owner
shall take the necessary samples and have the same analyzed by Colorado Mate
University in oder to verify theiests of the Contractor_
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b) Item 14 on page 2 of said agreement is hereby deleted,'it
beling understood that the Owner may employ its representative to perform any
nec:e•`ssary checks on shop and working drawings,. and the expense to the Owner
in `checking the same will be reimbursed by the Contractor.
c) Item 15 on page 2 of said agreement is hereby changed and
amended by'adding thereto the following provisions: The Owner's engineering
department will check such work and the same shall be .subject to their approval
and, the Contractor shall reimburse the City for its costs expended in perform
ing. such cheeks.
d) .'Items 16 and 17 on page 2 of said agreement is hereby deleted.
6)' ..Item 20 on page 2 of said agreement is .hereby deleted and it
is agreed that the Owner shall use its personnel to make the -final inspection
and.give the final certificate of inspection, and the contractor shall: reimburse
the Owner. for its costs incurred in making such inspection.
-f) Item 22 on page 2 of said agreement is hereby amended by. adding
the following: -All such notices and advertisements shall be.subject"to the
approval'of the Owner's attorMy -_
g) Item 4 on the bottom of page 2 and the top o-f-page 3 of the
agreement is amended by deleting therefrom the words "by this Architect."
h) Item 6 on page 3 of said agreement is hereby deleted
i) The parties hereto acknowledge that the Contractor did perform
additional services for the owner as contemplated in the second Item 5 on page
3 of said agreement, but the Contractor agrees that no additional amount is
owing to him on account of such services.
2. The agreement bearing even date herewith is hereby amended and
changed in: the follo�r1ng particular:
- Wherever in the agreement or the plans, specifications or other
contract documents adopted by said agreement reference Is made to the architect
such reference. shall mean the representative of the Owner employed by the
Owner to supervise the work.
In the event a dispute 6ccurs between the parties to this agreement
`Snd the same cannot be resolved,.then the parties hereto agree that the same
shall be submitted for arbitration in acaordance with therules of the .
American Arbitration Association,. and any determination resulting therefrom
shall be conclusive and binding on-.the_.parties tiereto.
In WITNESS WHREROF, the. parties Hereto have caused this addenda fo be
signed this 13 day of November, 1969.
^_QITY.OF FORT COLLINS, COLORADO
Karl E. Carson
ATTEST:
/sl John Bartel
City Clerk
['s/ Frank- Hummel
=Qontra,-r�tnr�
The following resolution was pre.sentedrand-read at -length:
\945 RESOLUTION :69 1?JC
OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING AN AGREEMENT AND AN ADDENDA
TO BE ENTERED INTO BETWEEN THE CITY OF FORT COLLINS-.ANID -FRANK HUMMEL
4H EREAS, the City of Fort Collins herepofore.let:bids for -the con-
struction of an eighteen hole golf course, and
WHEREAS, Frank Hummel was the low bidder,f_r said -work and the City
Council desires to accept such bid, -and
WHEREAS, the said -Frank Hummel was heretofore employed. -by the City
to act as an architect to design said golf course, and
t
..
WHEREAS, an agreement has been prepared providing for the award of
the construction"contract to the said Frank Hummel and -an addenda has been
prepared to eliminate any conflict of interest arising out of the fact that
such party heretofore acted as"the City's architect,.and
WHEREAS, said agreement and addenda have been approved by the City
Manager and the.City Attorney.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that the terms and conditions of said agreement and addenda are hereby
accepted and approved, and
BE IT FURTHER RESOLVED that the Mayor and City Clerk be and they
hereby are authorized and directed to execute said agreement and addenda for
and on behalf of the City.of Fort Collins.
Passed and adopted at a regular meeting ofthe City Council held this
13th day of November, A. D. 1969.
/s/ Karl E. Carson
Mayor
ATTEST
/s/ John Bartel
City Clerk
There was considerable discussion by members of the City Council.
Motion was made by Councilman Troxell, seconded by Councilman Kissock, that -
.the addendum be approved as corrected, and the 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 final plat by Marjorie Chestnut was presented. Motion was
made by Councilman Kruchten, seconded by Councilman Troxell, that this pleb
be approved, contingent to 50 feet for Roadway. 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 i,as,presented and read.at length:
RESOLUTION 69-101 .
OF"THE COUNCIL OF THE CITY OF FORT COLLINS DESIGNATING CERTAIN LANDS OWNED BY
THE CITY AS A LANDMARK DISTRICT
WHEREAS, the City of Fort Collins is the ownercf certain real property
situate in the City of Fort Collins, County of Larimer, State of Colorado
known as the "Old Fort Site" which property is more particuIrly described on
Exhibit A attached hereto, and �.
WHEREAS, said.property was the site of Camp Collins, and'
WHEREAS, the City of Fort Collins Historic Landmark Preservation
Commission has recommended that such site be designated as a landmark district
in accordance with the provisions of Sections 19-65 through 19-76 of the
Code of Ordinances of the City of FortCollins,.Colorado, 1958, as amended, and
WHEREAS, the City Council has considered such request and is in agree-
ment that s.uch site should be designated as a landmark district,
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that that certain -oareel, of land described on the attached Exhibit A,
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owned by the City of Fort Collins, be and the same hereby is designated as
a"landmark district, and
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BE IT FURTHER RESOLVED THAT the procedure set forth in Section
19-71 of #4p.-Code of Ordinances of the City of Fort Collins, Colorado, 1958,
shall be applicable to said site and shall be followed before any changes or
alterations are made on such tract of land.
Passed and adopted at a regular meeting of the City Council held
this 13th day.of November, A. D., 1969.
/sl Karl E. Carson
Mayor
ATTEST:
/sl John Bartel
City Clerk
Mr..Jim Guyer was present and spoke at length on the Landmark
Commission and the things they had accomplished and hoped to,accomplish. He
stated that he had made this project known to the State and they were anxious
to work with the commission on same. Motion was made by Councilman Troxell,
seconded by Councilman Kruchten, 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.
Mrs..Charlotte Post was present and spoke protesting the Overland
r}Trail Annexation, stating that Overland Trail is a land mark and should'be
preserved as such. She was advised by Mayor Carson that this area could not
be preserved as a land mark until it is in the corporate limits of the City of
Fort Collins.
The following communication was presented and read at length:
November 6, 1969
12h W. Myrtle
Fort Collins, Colo.
Mr. Tom Burgess, Ass't
City Manager
City of Fort Collins, Colo.
Dear Mr. Burgess:
Please accept'my resignation from the City Personnel Board effective
immediately. Due to my new position with Community College of Denver, I find
it impossible to meet with the Board and I will soon have to move out of the
City.
I have enjoyed. working with'the Board and you and regret that I cannot
fill out my term.
I send my best wishes to you, the Personnel Board and the .City Council.
Living in Fort Collins for the past 14 years has been one of the highlights.of
my family's life, and leaving Fort Collins is a most difficult decision.
Sincerely,
Isl W..T. McGregor
Motion was made by Councilman Kissock, seconded by Councilman Troxell.
that'Mr. McGregor be sent a letter thanking horn for his fine services to the
Ron-rd. Roll was called resultin^ .es follows* S.ye _ Councilmen Ls:Fo .
im
Troxell, Kissock and Kruchten. Absent: Councilman Lopez, excused. Nayes:
.None The Mayor declared the motion adopted.
The City Manager presented a map of the north end of the Fort Collins
airport showing the rerouting of the Louden ditch and it is his recommendation
`;that the rerouting be approved as this would not interfer with the.operation of
the airport.. The Louden Ditch crosses the road and the County wants to eliminate
two bridges that crosses the airport road on the north by moving the ditch. The
State plans to extend the Windsor highway so the public can get into the airport
from 287, going one mile south to Duck Lake then south to the airport. Motion
was made by Councilman Kruchten seconded by Councilman Kissock, that the
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recommendation of the City Manager be approve-. 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
Councilman Lopez arrived to sit in on the Council.
The following agreement was presented and read at length:
RELEASE AND AGREEMENT
THIS RELEASE AND AGREEMENT is made and entered into this 31st day of
.October, A. D., 1968,.by and between THE CITY OF FORT COLLINS, COLORADO, a mun-
icipal corporation, hereinafter designated as CITY, and PERRY CLAY MOORE and
PEG'GY.JO MOORE, hereinafter designated as OWNERS, WITNESSETH:
WHEREAS, the owners are the owners of the following described real
property situate in the County of Larimer, State of Colorado, to -wit:
Lot 18, Sonoran View Estates, a resubdivision of Michael Farm Sub-
division, oftheNW4 of the NW4 of Section 222, Township 7 North,,
Range 69 West of the 6th P.M. acoording to the recorded plat thereof.
and
WHEREAS, the city recently installed a sewer line through the area in
which the property of the owners if located, and
WHEREAS, in connection with the installation of such sewer line it
appears that the underground flow of ground water was altered and changed and
because of the same " t-septic tank and leach field which :_provided the sewage
disposal for the.owners'-property no longer functions adequately, and*
WHEREAS, the parties have•settled all matters in dispute between them
arising out of any possible damage which may have been done to the owners'
property by the 'installation of said sanitary sewer line.
NOW, THEREFORE, THIS RELEASE AND'AGREEMENTc
1. For and in consideration of the agreements and consideration
set forth the owners as the owners of. the above described property for themselves
their heirs, personal representatives and assigns hereby release and discharge
the city of and from any and all claims which they now.have or such as may
hereafter arise in their fav or caused by or incident to the construction of the
sanitary sewer line above referred to and in particularthe owners'do hereby
release the City from any liability or claim of liability on account of damage
to the sewage disposal system on the owners' property by reason of the installa-
tion of said sanitary sewer line.
2. The City does hereby grant into the owners one tap on the 'sani-
tary sewer line of the city to be connected to the property of the owners and
the city does hereb,; waive the collection of any plant investment fee or any
assessments intended to be charged for the purpose of paying back the cost of
construction of said sanitary sewer line. It being the intent hereof that the
owner shall be permitted to tap on to said sanitary sewer line without charge b
the city.
3. In addition to the foregoing the city agrees that it will make
the tan on the sanitary sewer line of the city for the purpose of connecting tt._
owners' i5ronerty to said line without -.charge therefor to the owners. It being
567
>pnders"tbod.that the .owne.-rs shall be responsible -for the instal
lation of the
service line from their `house to the .main sa_ni_tary sewer line..4 -the .clt-'
and the city�s job-1 in this connection -shall be -that of snaking
the physical.-tap"without charge. -
'-This agreement shall be bindingu the on p parties. hereto, their .lie-i-rs
personal representatives ,, successors and assigns. -.
IN WITNESS WHEREOF, the parties hereto have executed ;th.is-rel_eas_e ..
and agreement the day and year first hereinabove written.
CITY OF FORT COLL INS , COL_ORADO ,
a municipal corporation
/s/ Tom Coffey
City Manager
ATTEST:
/6/ John Bartel CITY
City Clerk --
/s/ Perry Clay Moore
/s/ Pe&Z Jo -Moore
Owners
Motion was made by Councilman Kissock, seconded by Councilman
Kruchten, that this agreement be approved. Roll was called resulting as
follows: Ayes: Councilmen Carson, Troxell,-Lopez, Kissock and Kruchten.
Nayes: None. The Mayor declared the motion adopted.
The following agreement was presented and read at length:
AGREEMENT
q.` THIS AGR_`PMENT made and entered into this 23 day of July, 1969,.
by and between JOHN WLHEELER hereinafter designated as first party, and HIGHLANDS
DEVELOPMENT COMPANY, INC., and SHERWOOD, INC., hereinafter designated as:sec ond
parties, WITNESSETH:
WHEREAS, first.party is the owner of the following described property
situated in the Conty of Larimer and Stat9 of Colorado, to -wit:
Lot 20, Block 12, South College Heights Seventh Subdivision to the
City of Fort Collins, Colorado; and, 1 -
WHEREAS, second -parties are delvlopers of lands in the same area as
the property described above, and in connection with .the! d€velopmen't of 'said
lands, it is necelssary to relocate the Sherwood Ditch and to construct.a bridge
over said ditch in order to continue Stover Street in, the-area�of.-se'•d..lot.
WHEREAS, first party has agreed to sell the property (dez6c-Vjed above
for a price of $1,000.00, said price being below.the value of said lot and the
excess value in said lot to be first party"s contribution toaa.rds the relocation
of said ditch and the construction of said bridge.
NOW, THEREFORE, this agreement, WITNESSETH: .
1. First parties have executed this date a deed in blank..conveying
the property`a-bove described.
2. Said deed shall be placed in escrow with the Univ$rsst'y%National
Bank of Fort Collins, and shall be held in escrow until second paxties-have
paid over, or caused to paid over, to the bank the sum of $1,000 OO t:o-be paid
to first party as the purchase price of said lot. Upon -receipt of.''the sum
Of $1,000.00 from second parties, the bank shall deliver the deed to -second
parties and shall pay over to first party the $1;000.00 paid to the bank,.less
expenses of abstracting or title asur."nce as hereafter provided for.
3. Second parties shall have the. :right to sell the property which is
the subject.of this agreement at any time within 6ne3ear from the date of this
agreement and apply the purchase price, less -the $1,000.00 to be paid to first
party, to the cost of constructing the bridge and relocating the ditch as
above set forth. If.said property is.not sold by second p-ties within one
year from the date of this agreement, then at such 'time second parties may pay
568
the sum of $1;000.00 to the University National Bank of Fort Collins and -
receive the deed to said property. The bank shall pay over to first party lthe
amount so received, less expenses of abstracting or title insurance as aforesaid.
4. First party agrees that title is marketable to said property in
first party and that first party will furnish either an Abstract oi- Title cer-
tified to a current date or a Title Insurance Policy in the amount of the
purchase price of the property, showing such marketable title.
5• Second parties agree, subject to the provisions of this agreement;
l to be responsible for the installation of the bridge and the relocation of the
ditch as set forth above, and it is agreed that the within agreement represents
first party's-contribution to the expense of such bridge and relocation.
This agreement shall be binding upon the parties hereto, their heirs,
personal representatives, successors, and assigns.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to
be signed the date and year first hereinabove written.
/s/ John R.P. Wheeler
HIGHLANDS DEVELOPMENT COMPANY, INC.
ATTEST:
/s/ Gerald R. Haxton
Ass't Secretary
ATTEST:
/s/ Darrel T.Blake
President
SHERWOOD, INC.
/s/ Virgil Magerfleisch
President
/s/ Ada May Guard
Secretary
The undersigned University National Bank of Fort Collins, -hereby
accepts the position of escrow agent as described in the foregoing agreement.
UNIVERSITY NATIONAL BANK OF FORS'
COLLINS
/s/ Ben Meade
President
ATTEST:
/s/ Donald J. Emigh
Vice-Pres.
Motion -was made by Councilman Lopez, seconded by Councilman Troxell,
that this agreement be approved. Roll was called resulting as follows:
Ayes: Councilmen Carson, Troxell, Lopez, Kissock and Kruchten. Nayes:
None. The Mayor declared the motion adopted.
The City Manager reported on the Downtown Merchants Association's
decision on the improvement of the dou:ntown area and that general improvement
district was the way to go. He stated that Boetcher and Associates was thel-r
financial advisor and petitions were being prepared by the'Bond Attorney
and will be presented to the DMA Board of Directors.
The City Manager stated that the State Highway Department will install
a•; traffic light at the intersection of Highway 1 and North College Avenue.
The City Manager reported the success of the pick up of the limbs
in the City Saturday, November 8, 1969, stating there were 500 truck loads
hauled and praised the different businesses that participated and -also the
University students, and would like to personally thank them for a job well one.
The Mayor also spoke a word of appreciation for all the help on this project
and said that'w.hen needed the public responded.
Councilman Kruchten brought up the matter of trash cans being placed
on sidewalks and asked if anything had been done on this. The Director of
Public Works stated that he had met with the trash haulers but nothing had been
deczbd at this time, however, all citizens would be advised-whan a formal
decision was made.
Councilman Lopez stated that he had had several complaints on dogs
running at large and suggested that the dog leash law should be enforced to a
greater extent.
Motion was made by Councilman Lopez, seconded by Councilma❑Kruchten,
that the Council adjourn. • Roll was called resulting as follows: Ayes:
Councilmen Carson, Troxell, Lopez, Kissock and Kruchten. Nayes: None. The
Mayor declared the motion adopted and the Counc' adjourned.
May
ATTEST
City Clerk .
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