HomeMy WebLinkAboutMINUTES-09/17/1970-RegularMINUTES OF A REGULAR MEETING OF THE COUNCIL OF THE CITY OF FORT COLLINS, Held
September 17, 1970, at 1:30 o'clock P.M.
Present: Councilmen Carson, Troxell, Lopez and Kruchten. City Manager Coffey, i.
Assistant City Attorney March and Director of Public Works Liquin. Absent: Councilman
Chilton, excused.
Motion was -made by Councilman Lopez, seconded by Councilman Troxell, that the
reading of the minutes of the last regular meeting held September 10, 1970, be dispensed
with. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez
and Kruchten. Absent: Councilman Chilton, excused. Nayes: None. The Mayor declared
the motion adopted.
The following proclamatiors.were presented:
CONS _uC:; ..-�5 ISro=- ---0N
Tne Constitution of the sited States of :erica was adopted September 17,
1787, ratified June 2l, 17883, in effect .:arch 4, 1709.
< _. Rnowland i..troduced the following
On January -5, 1956, Senator Willi"
Senate Join: Resolution 105:
"Resolved by the Senate and souse of Representatives of the
United States of dcaric2 in Congress .°•ssembled, Teat the
President of United States is authorized and requested
to desig--,,e the period begin sing Septe ar 17 and ending
and to issue
September 23 of each year as Con-stitut'_o Tn'ee
annually a proclamation inviting tha people of the United
States to observe such week in schools, churches and other
suitable places with appropriate ceremonies and activities."
This Resolution was adopted July 23, 1956, and signed into law (Public Law
No. 915i, August 2, 1956.
Suggestions for proclamations to be issued by Governors and Mayors follow:
W BRE?S he one _undred eighty third anniversa_
September 17, 1970 marks y of
e Co -
the or the United States o_ A --erica by
the adoption of th
the Constitutional Conver.�ion; and
a
?TdERE,S , To.accord official recog_itic-, to this -a orable anniversary, and to
the patriotic exerc_se to w
"ll fo.W or a :ctawortny feature the
occas'-op., seems fitting and proper; and
k'3nRZ..S, Public Law NO. 9i5 guarantees the issuing of 3roclama ion eaa, year
by the President of the L'n_ted States of America September
17 through 23 as Constitctior. Week.
2 B3Sr^2R, I ..... by vi_t of t`c �t ority vested _ me as
\Cn7, t _(in
(C�ve-nor or Mayor) or t:.e (Star or amity) of ,
o< ) do hereby proclai he week of Sep�a� ar
taS-a_e :
17-23, 1970, as
CO`:S'l' :JiCe WEZK
In the (St -c O ) to pay cam_:_: wza_� _o ou. Federal Coast. u' a-,
and theyad .rages o:.: erica: C '__z2a;ap.
', to etmhand and caused t_ie Seal
oI have ?itness
o �.a (S e or City) `o be _ xea t �s
day in t:,Ie year of our Lord
0 o sar nine u_ed d eve y
an the e en ance o`_ .,e o..i e States of —erica •. , te one undyed
and nine y Uur
Sign d ...
352
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-.• �-_. -. _.-+ram- .:-_�_. �lqf^.p' .
f,
WI'�REP.S, there are over '_,CGU SerVICe.:.er. held 25 prisoners in .ci0` _n2aSt
Asia by North Vietnam and her allies; and
WHEREPS, North Vietnam, 62SpitE GJJeals :•Cm n2 u`al s0"w'CES such as
the International Red Cross, has consistently refused to divulgc any inforna-'
tlOR about the men OR their health Grid veil being, including even n a :ling those
they are holding, or even parr ztt.._:n g Stich nrOups t0 iRSpe CtOrtR Vtetra: eS2
prison camps t0 d2tE.iar:2 iZ trey meet the mini !Lu^^. stancards of care a;
treatment embodied in the Geneva Convention; and
WHEREAS, such callous disregard fc 1Onn-2Stablis eC int2rnatiOnal
rules fOr humane `1'2atmen , of such p sonerS is C a si-• ii:-=+.-%..-Ole Sh
among t11252 America-1 pr'-Soners and their _crni::2S at home;
iHEREC ORE, I, �1/=' l_ � `' %•; iJ V aycr of tat City of
do proclaim September 20-26, 1970, as "V.F.`V. Freedom Signature Week and
urge all citizens of this comm::n`_ty to de-onstrate t eir o ga on to t a2sa
fellow A-e ca^.s by sinning pa- i o—s reci:est.ng the i T lediaLe re'_2ase of all
• he �`-"th Vietnam OVernn:ent and by Co mur'st
_ - Americans held prisoner by :.- 5
political front groups in Southeast- Asia.
Signed-
MAYOR
f'
Attest_
City Cleric
Several members of the VFW were present and the Mayor stated that citizens should
participate, that copies of the petitions would be circulated throughout the City.
Mr. J. C. McKnight, owner of the Fort Collins _cycle Center at 511 Riverside,
was presented the Merchant of the Month award. Don Hisam of the Fire Department stated
they had carefully inspected the premises and the fire prevention measures at his place
of business was excellent. He stated he was gratified to make this award and thought they
would help to make the public more conscious of.fire prevention.
The following ordinance was presented on"second reading:
ORDINANCE NO. 49„ 1970
BEING AN ORDINANCE AMENDING SECTION 15-70 OF THE CODE OF ORDINANCES OF THE CITY OF FORT
- COLLINS, COLORADO, 1958, AS AMENDED, RELATING TO SPECIAL ASSESSMENTS FOR LOCAL PUBLIC
IMPROVEMENTS.
Motion was made by Councilman Lopez, seoonded by Councilman Kruchten, that
Ordinance No. 49, 1970, be adopted. Roll was called resulting as follows: Ayes:
Councilmen Carson, Troxell, Lopez and Kruchten. Absent: Councilman Chilton, excused.
Nay -es: None. The Mayor declared the motion adopted.
The following ordinance was presented on second reading:
ORDINANCE NO. 50, 1970
BEING AN ORDINANCE ADOPTING AND ENTERING IilTO A CONTRACT._IIITH THE NORTH COLLEGE AVENUE
SANITATION DISTRICT. -
..Motion was made by Councilman Troxell, seconded by Councilman Lopez, that
Ordinance No. 50, 1970, be adopted. Roll was called resulting as follows': Ayes:
Councilmen Carson, Troxell, Lopez and Kruchten. Absent: Councilman Chilton, excused.
Nayes: None. The Mayor declared the motion adopted.
The following ordinance was presented on first reading and read at length:
ORDINANCE NO. 56, 1970
BEING AN ORDINANCE AMENDING SECTION 21-49.39 OF THE CODE OF ORDINANCES OF THE CITY OF FORT
COLLINS, COLORADO, 1958, AS EI•IENDED, RELATING TO THE MAIN CHARGE FOR SEWER SERVICE DUTSIDE
OF THE CITY LIMITS
y <
Motion was made by Councilman Kruchten, seconded by Councilman Lopez, that
Ordinance No. 56, 1970,-be considered favorably on first reading, and ordered published
this 17th day of September, 1970, and to be presented for final passage on the 8th day of
October, 1970. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell,
Lopez and Kruchten. Absent: Councilman Chilton, excused. Nayes: None. The Mayor
dellared the motion adopted.
The following Ordinance was presented on first reading and read at length:
r
ORDINANCE NO. 55, 1970
BEING AN ORDINANCE ASSESSING THE COST OF IMPROVEMENTS IN CONSOLIDATED STREET IMPROVEMENT DIS-
TRICT NO. 62 AND PROVIDING FOR THE PAYMENT AND COLLECTION THEREOF
The following communication was presented and read at length:
Gentlemen:
The undersigned hereby objects to the proposed assessment against the following
desgribed property in the City of Fort Collins, to -wit:.
Lot 1, Block 293, Resubdivision of West Side Addition, according to Plat filed
May 2, 1903;1.
c"----account of Consolidated Street Improvement District No. 62.
This property has an assessed valuation of $870.00, and the proposed assessment
if $1,118.55. The proposed assessment,'therefore, exceeds the limitation established by
Section 15770 of the City Ordinances. In addition, the undersigned purchased this property "
on May 20, 1969, for a total purchase price of $500.00, and the proposed assessment is, there-
fore, excessive in view of the value of this property. In addition, the building now on
the property is not habitable under the City Ordinances and the Building Inspector has re-
fused to grant a building permit to rebuild a residence on this lot and the property is,
therefore, useless.
/s/.C. Joe Hadley
Mr. Hadley was present and discussed his property at 800 Maple Street. He
stated the lot was only 35 feet by 130 feet, too small to build on. He asked why the prop-
erty owners were not notified of street, curb and gutter repairs, and he was not satisfied
k '
with the assessments to this property. He was informed all property owners in a district are
notified.
The City Dlanager stated perhaps he could combine his property with the lot next
4 door. Mr. Hadley stated that the property was inhabited and they were asking too much.
for it. He stated if he was going to be assessed $1,118.55, he would have it signed over
I
to the City.
Councilman Lopez asked if a variance could be made so Mr. Hadley could build onit,
II The Director of Public Works stated not under present regulations. Motion was made by
Councilman Troxell; seconded by Councilman Lopez, t"hat the assessments be reduced from $1,118 51
to $435.00.. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell,
_ E
Loep-- and,Kruchten. Absent:, Councilman Chilton, excused. Nayes: None.. The "Mayor
354
declared the motion adopted.
The following communication was presented and read at length:
August 22, 1970 Francis $ M. M. Kintzley
728 Maple St.
i
Dear Sir:
Pertaining to assessments for curb and butter and street paving on the 300 block
on Grant Ave., boarding our property, subdivision 283, lots 23-24-25-26. We feel that the
charge of $1;204.59 is invalid, in the excessof $344.00 approx. due to the Arthur Ditch Co.
owning land twenty feet on each side of center survey line or forty feet (40) wide. This
was made a law by Judge James E. Garriques, in District Court of Larimer County, April 2,
1909. Therefore, this renders the sale or building on said property impossible for us and
should be billed to Arthur Ditch Company.
Thank you
/s/ Francis G. Kintzley
M. M. Kintzley
Councilman• Lopez asked how wide the ditch was. The City Assistant City Attorney
said there was a 40 foot right of way. The Director of Public Works stated he felt that the
owner has benefited as this is a covered ditch, that this property is assessed over $3,000.00
avid this assessment was within the limitation. Motion was made by Councilman Troxell, that
the request of Mr. Kintzley for a reduction in his assessments be denied. This motion died
for lack of a second. The Mayor stated that due to the lack of a second, a motion was in
order. After discussion, motion was made by Councilman Troxell, seconded by Councilman
Kruchten, that Ordinance No. 55, 1970, be considered favorably on first reading and ordered
published this 17th day of September, A. D. 1970, and to be presented for final passage on
the 8th day of October, A. D. 1970, as corrected. Roll was -called resulting as follows:
Ayes: Councilmen Carson, Troxell, Lopez and Kruchten. Absent: Councilman Chilton,
excused. Nayes: None. The Mays* leclsred the motion adopted.
The following resolution was presented and read at lentth
RESOLUTION 70-93
OF THE COUNCIL OF THE CITY OF FORT COLLINS GIVING
PUBLIC NOTICE CONCER-NI\G A PROPOSED ORDINANCE CHANGING
THE ZONING \LAP OF THE CITY OF FORT COLLINS AND AMENDING
CHAPTER 19 OF THE CODE OF ORDINANCES OF THE CITY OF
FORT COLLINS, COLORADO, 1958, AS AMENDED, CO3nIONLY
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 aianged from
B- G, General Business District, to M-M, Medium*Density Mobile Home
District; and
WHEREAS, the Planning and Zoning Board has made a study of said
rezoning request" and has held a hearing and made 9 report and recommendation
thereon, 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, 1958, as amended.
.s.
I
��J
1970
N94, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that October 8, 1970, .at 1:30 P. M., or as soon thereafter as
the matter may come on for hearing, in the Council Chambers in the City
Nall 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 provided in Section 19-46.1 (5) of
the Code of Ordinances of the City of Fort Collins, Colorado, 1958, as
amended, in the form attached hereto.
Passed and adopted at a regular meeting of the City Council held
this'17th day of September, A. D. 1970. j
Mayor -
ATTEST:
City Clerk' _
Motion was made by Councilman Lopez, seconded by Councilman Kruchten, that this
resolution be adopted. Roll was called resulting as follows: Ayes: Councilmen Carson,
Troxell, Lopez and Kruchten. Absent: Councilman Chilton, excused. Nayes: None .
The Mayor declared the motion adopted.
The following resolution was presented and read at length:
RESOLUTION 70-94
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 annex the following
described property, situate in the County of Larimer, State of Colorado, to -wit:
Beginning at a poin_ on the East line of Section 16, Township 7 ;forth, Range
69 itiest of the 6th P. M., which bears N..00°00'45" IV. 1128.52 feet from the
NE corner of said Section 26; thence S. 0.0000145" E, along said East line,
which is also the West boundary of the Thunderbird Eleventh Annexation to.
the City of Fort Collins, Colorado, 376.75 feet;,thence East along.said
Annexation 314.6S feet to a point on the boundary of the Thunderbird Eighth
Annexation to the City of Fort Collins, Colorado; thence South along the West
boundaries of the Thunderbird Eighth and Tenth Annexations, 1130.22 feet to a
point on the boundary of the Spencer First Annexation'to the City of Fort
Collins; thence S. 89047'08" IV. along said Annexation 314.48 feet to the E',
corner of Section 26; thence S. 00000107" I`lk along the East line of said
Section 26 and said Spencer First annexation 1069.96 feet to a point which
bears N. 00000107" 1'1: lS71.2.7 feet from the SE corner of said Section 26;
thence S. •.98059'37" IV. 49.32 feet; thence S. 89001114" W. 987,72 feet to_a
point on the ;est right of way of the'Colorado and Southern Railroad, said
point also being on the East boundary of the Meadow -Lark Second Annexation to
tile. City of Fort Collins, Colorado; thence N. 01040101" E.-along said right of
ay, 1137.23 feet; thence S. 88019'- . along said right of way, 50.03 feet;
h,Dnc, N. 010=0'01" E. along said r3.g-lt'Of way, 11163 ,06 f"e to uoint Oil the
b C,.in3ary Oi 8lrtels, "jr:•_ armexat on to the City' of Fort`Col I 1-S, Colorado;
,� ' w rh, .. - .. ,. � •_emu
356
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thence S. 89049'52" E. along said Annexation 910.89 feet to point of bekinning
EXCEPT portion already within the City Limits of Fort Collins, Colorado.
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 provisions of the laws of the State of Colo-
rado the date, time and place set forth in such notice and directs the City Clerk to
-publish a copy of this re!�olutier. =d said 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 l7thday of
September, A. D. 19 70
ATTEST:
May?
i
City Clerk- /
N 0 T I C E
TO ALL PERSONS INTERESTED:
PLEASE TAKE NOTICE that the City Council of the City of Fort Collins has adopted a
resolution of intent to annex certain real property more particularly described in said
resolution, a copy of which precedes this notice.
THAT for more than three (3) years more than two-thirds (2/3) of the boundary of
said territory has been contiguous with the boundary of the City of Fort Collins.
THAT on November 5, 1970, at the hour of 1:30 o'clock P. M., or as soon there-
after as the matter may come on for hearing, before the City Council in the Council
Chambers of the City Hall of the City of Fort Collins at 300 LaPorte Avenue, Fort Collins,
Colorado, the. City Council will hold a hearing upon said resolution for the purpose of
determining and finding whether said territory proposed to be annexed meets the applicable
requirements of Colorado law and is eligible for annexation. At such hearing, any person
living within the area proposed to be annexed, and any landowner of lands therein, and any
resident of the City of Fort Collins, and all other interested persons may appear and
present such evidence as they may desire.
City Cler)
Motion made by Councilman Kruchten, seconded by Councilman Troxell, that this
resolution be adopted. Roll was called resulting as follows: Ayes: -Councilmen Carson
Troxell, Lopez and Kruchten. Absent: Councilman Chilton, excused. Nayes: None. The
Mayor declared the motion adopted.
The following ordinance was presented on first reading and read at length:
ORDINANCE NO. 57, 1970
BEING AN ORDINANCE :ANNEXING CERTAIN TERRITORY TO THE CITY OF FORT COLLINS, COLORADO
Motion was made by Councilman Lopez, seconded by Councilman Kruchten, that
Ordinance No. S7, 1970, be con sidered favorably on first reading and ordered published this
17th day of September, A. D. 1970,_and to be presented for final passage on the 8th day of
October, A. D. 1970. Roll was called resulting as follows: Ayes: Councilmen Carson,
Troxell, Lopez and Kruchten. Absent: Councilman Chilton, excused. Nayes: None.. The
Clayor declared the motion adopted.
357
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The following resolution was presented and read at length:
RESOLUTION 70-95
OF THE COUNCIL OF THE.CITY OF FORT COLLINS GIVING NOTICE
CONCERNING A PROPOSED ORDINANCE AMENDING CHAPTER 19 OF THE
CODE OF ORDINANCES OF THE CITY OF FORT COLLINS, COLORADO,
1958, AS A`1ENDED, COMMMLY MT01-N AS THE ZONING ORDINANCE,
".IN ORDER TO CLASSIFY FOii ZONING PURPOSES CERTAIN PROPERTY
BEING ANNEXED TO THE CITY OF FORT COLLINS
WHEREAS, heretofore.the City Council of the City of Fort Collins
initiated annexation procedures for certain property known as the Spencer
Third Annexation to the City•of Fort Collins more particularly
described in the "Notice of Public Hearing" attached hereto, and
WHEREAS, the owners of said property have petitioned that said
property be included in the R-L, Low Density Residential District;
and
WHEREAS, the Planning and Zoning Board has made a study of said
zoning request and has held a hearing and has made a report and recommendation
thereon, all in accordance with 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 hearing on said zoning
request as required by said Section 19-46.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that October 8, 1970, 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
zoning request; and
BE IT FURTHER RESOLVED that the City Clerk is hereby instructed to publish
a notice of said hearing as provided in Section 19-46 of the Code of Ordinances of
the.City of Fort Collins, Colorado, 1958, as amended, in the form attached hereto.
Passed and adopted at a regular meeting of the City Council held this
17th day of September, A. D, 1970.
1 %,
Maygr
358
17. 1970
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, Lopez and Kruchten. Absent: Councilman Chilton, excused. Nayes: None.
-The Mayor declared the motion adopted.
Mayor Carson advised the Council that the next meeting of the State Legislative
Committee on Colorado Land Use, would meet in Greeley at the University :rom 9:00 A..M.,to
4:00 P.M., September 25, 1970.
Mayor Carson stated that Mrs. Louis Bass was recommended to fill out the unexpired
term of Arthur Arthur Anderson, who resigned, on the Museum Board. Motion was made by
Councilman Troxell, seconded by Councilman Kruchten, that the City Attorney be instructed
to prepare a resolution of appointment. Roll was called resulting as follows: Ayes:
Councilmen Carson, Troxell, Lopez and Kruchten. Absent: Councilman Chilton, excused.
Nayes: None. The Mayer declared the motion adoptee.
Mr. Pete Gunderson, representing the Fort Collins Tennis Club, was present and
commented on their appreciation on what the City has done in the way of tennis courts and
for H. R. Phillips' part in this matter. He stated they have three courts and three more
planned and the program is very gratifying. He stated that the tennis courts will accomodate
500 children, 50 adults and 150 on the Junior tennis program. That they had a state
tournament .with240 participating, and in the open tournament 136. That they had hired a
tennis pro for Edora Park project community tennis center. would develop a complete facility
and was sure the administration was realizing wahat a tennis program can do for the City.
He stated they will continue to work with the Fort Collins Parks and Recreation Department.
Have plans for a tennis'curtain, pro shop for supplies, etc., and would like to express
their appreciation again and will continue to work with the City
Mayor Carson stated he was glad to see such enthusiasm and participation in tennis
and golf, that money is allocated in the budget for this. Councilman Lopez stated the
Council would like to share their long range plans for the tennis program. He suggested
lighting Poudre High School courts. Mr. Gunderson stated this would certainly be an
improvement and would add six courts for night use, stating that unless you are a member,
you cannot play, and this would be especially nice for the housewives. .
The City Manager stated that he had a requisition for a final grant of $1,150.50
for the construction of a water filtration plant from the United Stated Government. Had
previously received $1,035,450.00, total Grant was $1,150,S00.00. Motion was made by
Councilman Troxell,.secondedl/ Councilman Kruchten, that the City Manager and City Attorney
be authorized to sign this grant. Roll was called resulting as follows: .Ayes: Council-
men Carson, Troxell, Lopez and Kruchten. Absent: Councilman Chilton, excused. Nayes:
None. The Mayor declared the motion adopted.
Motion was made by Councilman Lopez, seconded by Councilman Kruchten, that the
Council adjourn. Roll ::as called resulting as follows: Ayes: Councilmen Carson, Troxell,
Lopez and Kruchten: Absent: Councilman Chilton, excusNayes: None. The Mayor
declared the motion adopted and the Council adjourned./_ e . /J
ATTEST:
City
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