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HomeMy WebLinkAboutMINUTES-07/16/1964-RegularLm MINUTES OF A REGULAR MEETING OF THE COUNCIL OF THE CITY OF FORT COLLINS, Held hursday, July 16, 1964, at 1:30 o'clock P.M. Present: Councilmen Johnson. Colwell, McMillan, Guyer and Councilwoman Quinn. ity Manager Boos. City Attorney March and City Engineer Weiss. Motion was made by Councilwoman Quinn, seconded by Councilman Guyer, that the eading of the minutes of the last regular meeting held July 9, 1964, be dispensed with. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Guyer and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The following resolution was presented and read at length: RESOLUTION OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING A PETITION FOR THE ANNEXATION OF THE THUNDERBIRD ESTATES EIGHTH ANNEXATION TO THE CITY OF FORT COLLINS; SETTING THE DATE FOR HEARING ON AN ORDINANCE APPROVING THE ANNEXATION THEREOF; AND GIVING NOTICE THEREOF WHEREAS. heretofore on the 9th day of July, A. D. 1964, a written petition was presented to the Council of the City of Fort Collins in substantial compliance with the pro- visions of Colorado Revised Statutes, 1953, 139-11-3, by the owners of more than fifty per- cent (50%) of the area and who comprise the majority of landowners residing in the area of the following described land, situate in the County of Larimer, State of Colorado, to -wit: A part of the Northwest Quarter(NW') of Section 25 Township 7 North, Range 69 West of the 6th Principal Meridian in the County of Larimer, State of Colorado, contained within the boundary lines as shown, and considering the North line of said Northwest Quarter (NW-1) to bear North 89045'00" East and with all bearings contained herein relative thereto: Commencing at the Northwest corner of said Section 25; thence North 89045,00" East 1,320.10 feet to the Northeast corner of the Northwest Quarter of the Northwest Quarter of said Section 25; thence South 00°08'25" East 1,318.39 feet to the southeast corner of Thunderbird Estates Third Annexation, which point is also the Southeast corner of Thunderbird Estates Third Subdivision and the True Point of Beginning; thence South 000001001, West 260.00 feet; thence South 13055'50' East 126.98 feet; thence South 24°47'10" East 131.50 feet; thence South 58052100" West 188.13 feet; thence along the are of a curve to the left whose radius is 15.00 feet and whose chord bears North 72008100" West 21.21 feet; thence Couth 58052100" West 369.75 feet; thence along the arc of a curve to the right whose radius is 997.77 feet and whose chord bears South 62"07' 00" West 113.10 feet; thence South 68°48'O6" West 50.00 feet; thence North 23011' 54" West 279.05 feet; thence along the arc of a curve to the left whose radius is 14.77 feet and whose chord bears North 68011'54" West 20.30 feet; thence along the arc of a curve to the right whose radius is 705.14 feet and whose chord bears South 80"00100" West 244.89 feet; thence North 90000100" West 80.00 feet; thence North 00"00100" East 630.14 feet; thence North 90000100" East 80.00 feet; thence along the arc of a curve to the left whose radius is 75.00 feet and whose chord bears North 45'00100" East 106.07 feet; thence South 00000'00" West 71.53 feet to the southwest corner of the Thunderbird Estates Third Annexation; thence easterly along the southerly boundary of said Thunderbird Estates Third Annexation by the following courses: South 89°46104" East 114.15 feet; thence South 70021140" East 162.95 feet; thence North 74°57100" East 75.45 feet; thence South 79"00100" East 12.97 feet; thence along the arc of a curve to the left whose radius is 211.0( feet and whose chord bears North 84030'00" East 119.86 feet; thence North 68000'00'' East 74.44 feet; thence North 89046,04" East 311.74 feet tot he True Point of Beginning; and WHEREAS, said owners have requested that the above described lands be admitted to the City of Fort Collins and be included within the limits and jurisdiction thereof as an "A" Residential District, and WHEREAS, the Council of the City of Fort Collins has found that the petition and tt cuments thereto attached meet the requirements of Section 139-11-3, Colorado Revised atutes, 1953• NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS, that the aforesaid petition be and the same is hereby accepted and that August 27, 1964, be and the same is hereby designated as the date for the hearing on an ordinance approving the annexation of the above described territory and including the same within the limits and jurisdiction of the City of Fort Collins, and to be in included as a part of "A" Residential District; BE IT FURTHER RESOLVED that the City Clerk be and he is hereby ordered to publish notice of said petition and the date set for hearing on the ordinance approving the annexa- tion in the Fort Colins Coloradoan, the official newspaper of the City, in the issues of such newspaper published July 21, 28, and August 4 and 11, 1964, and that such notice be in words and figures as follows: "NOTICE OF PUBLIC HEARING WHOM IT MAY CONCERN: Notice is herewith given that a petition was presented on July 9, 1964, to the Council of the City of Fort Collins requesting that the following described land, situate in the County of Larimer, State of Colorado, to -wit: 461 T 1yi6-,_]_. A part of the Northwest Quarter (NW4) if Section 25, Township 7 North, Range 69 West of the 6th Principal Meridian in the County of Larimer, State of Colorado, con tained within the boundary lines as shown, and considering the North line of said Northwest Quarter (NW4) to bear North 89°45100" East and with all bearings contain herein relative thereto: Commencing at the Northwest corner of said Section 25; thence North 89045100` East 1,320.10 feet to the Northeast corner of the North- west Quarter of the Northwest Quarter of said Section 25; thence South South 00008125c" East 1#318.39 feet to ehe Southeast corner of Thunderbird Estates Third Annexation, which point is also the southeast corner of Thunderbird Estates Third Subdivision and the True Point of Beginning; thence South 00*00100" West 260.00 feet; thence South 13055150" East 126.98 feet; thence South 24"47110" East 131.50 feet; thence South 58°52100" West 188.13 feet; thence along the are of a curve to the left whose radius is 15.00 feet and whose chord bears North 76"08i00" West 369.75 feet; thence along the arc of a curve to the right whose radius is 997.77 feet and whose chord bears South 62"07100" West 113.10 feet; thence South 66"48106" West 50.00 feet; thence North 23011154" West 279.05 feet; thence along the are of a curve to the left whose radius is 14.77 feet and whose chord bears North 68011154" West 20.30 feet; thenceslong the arc of a curve to the right whose radius is 705.14 feet and whose chord bears South 80°00t00" West 244.89 feet; thence North 90"00100" West 80.00 feet; thence North 00000100" East 630.14 feet; thence North 90000100" East 80.00 feet; thence along the are of a curve to the left whose radius is 75.00 feet and whose chord bears North 45"00l00" East 106.07 feet; thence South 00"00'99"71.53 feet to the southwest corner of the Thunderbird Estates Third Annexation; thence Easterly along the southerly boundary of said Thunderbird Estates Third Annexation by the following courses: South 89046,04" East 114 15 feet; thence South 70°21'40" East 162.95 feet; thence North 74`57100" East 75.45 feet; thence South 79"00100" East 12.79 feet; thence Along the arc of a curve to the left whose radius is 211.00 feet and whose chord bears North 84030100" East 119.86 feet; thence North 68000,00" East 74.44 feet; thence North 89046,04" East 311.74 feet to the True Point of Beginning; be annexed and made a part of the City of Fort Collins and be included within the limits and jurisdiction thereof as an "A" Residential District. That said petition was signed by the owners of more than fifty per cent (5% of the area and who comprise the majority of landowners residing in the area of said land. That said petition was accepted by the Council of the City of Fort Collins on July 16, 1964, and that hearing on an ordinance approving said annexation will be held in the Council Chambers in the City Hall in the City of Forr Collins. Colorado, at the hour of 1:30 o'clock P.M. at a regular meeting of the Cou cil to be held the 27th day of August, A. D. 1964. That the landowners of thee rea proposed to be annexed may express their opposi- tion to the annexation and securean election by complying with the provisions of Colorado Revised Statutes; 1953. 139-11-4. .Dated at Fort Collins, Colorado, this 16th day of July, A. D. 1964. /s/ Miles F. House City Clerk" Passed and adopted at a regular meeting of the Council held this 16th day of July, A. D. 1964. /s/ Harvey G. Johnson Mayor ATTEST: s/ Miles F. House Motion was made by Councilman McMillan, seconded by Councilman Colwell, that this resolution be adopted. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Guyer and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The following petition was presented and read at length: PETITION AND APPLICATION FOR ANNEXATION STATE OF COLORADO) ) as. COUNTY OF LARIMER ) CITY COUNCIL OF THE CITY OF FORT COLLINS FORT COLLINS. COLORADO GENTLEMEN: WHEREAS. We the undersigned are the owners of more than 50% of the area andcomprise the majority of land owners residing in the area which is described as situate in the County of Larimer. State of Colorado, to -wit: Begin at a point N. 89039115" W. 130.0 feet from the East 4 Cor. Section 9-7-69, thence N. 00010'30" E. 180.0 feet; thence N. 89°39115" W.220.0 feet; thence S. 00010130" W. 180.0 feet; thence S. 89039115" E. 220.0 feet to the point of begin- ning, containing 0.91 Acres, mare or less. containing 0.91 acres, more or less. II ICI I� 42 July 16_,=L96! AND WHEREAS, said lands are contiguous with the City Limits of the City of Fort ollins, Colorado, and more than one -sixth of the aggregate external boundaries of said Lands coincide with the existing boundaries of the City of Fort Collins, and WHEREAS, a plat of said lands has been prepared in accordance with the provisions Df the Colorado State Statues and the Ordinances of the Colorado State Statutes and the Drdinances of the City of Fort Collins, 4 copies of which said plat is herewith submitted. NOW. THEREFORE, it is respectfully petitioned that said plat comprising the above described lands be accepted and approved, that the territory embraced therein, to be known as the LaPorte Avenue Annexation to the City of Fort Collins, Colorado be included within the limits and jurisdiction of the City of Fort Collins, Colorado, and further that sl d lands be included in the C zone under the zoning Ordinance of the City of 'Fort Collins. ted at Fort Collins, Colorado, this 30th day of June, 1964, A. D. spectfully submitted: / William E. Howard Vera Mae Howard OF COLORADO) ) as. OF LARIMER) /s/ 0. G. Turman Walter Biehle The foregoing instrument was acknowledged before me this 30th day of June, 1964• By the above named persons, for the purposes therein set forth. MV commission expires February 5, 1966. /s/ Mabel B. Kenney Notary Public Mr. Walter Biehle, one of the petitioners, spoke regarding the annexation and ad- vised the Council that one reason for the annexation was that water lines needed to be renewed and the main line serving'these properties was too small and they wished to connect to the oityLs mains on LaPorte Avenue. He also requested, if possible, approval of immediat tapping of the City mains previous to the final annexation of this property. The City Attorney advised the Council that this had been allowed previously in a few cases. Mr. Gene Alley, The City Planner, advised the Council that the petitioner had agreed to change the request for "C" Residential zone to "A" Residential zone for the annexation. After discussion by members of the Council, motion was made by Councilman McMillan, seconded by Councilman Colwell, that the p=tition for annexation be referred to the Planning and Zoning (Board for their recommendation and that the request for water tap connection at this time be granted. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Guyer and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The City Clerk presented a deed of dedication of property for street purposes from John R. and Miriam Munford and a deed from John Munford and Kappa Kappa Gamma Fraterni for Council acceptance. These deeds are those recommended by the Planning and Zoning Board at the time of approving the request for rezoning made by Mr. John Munford. Motion was made by Councilwoman Quinn, seconded by Councilman Colwell, that these deeds be accepted. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Guyer and Councilwoman Quinn. Nayes: None. The President declared the motion adopted, Two officials of the Engineering department of the C & S Railroad Company were present in reference to the request of the C & S Railroad Company to curb and gutter along the railroad right of may on Mason Street from West Mountain Avenue south. This matter has been under discussion for some time and the City Engineer's office has presented a proposed plan for this curb and gutter work. The following communication was presented and read at length: BURLINGTON LINES July 7, 1964 323.1 - C&S Mr. G. J. Weiss, City Engineer (City of Fort Collins !1300 LaPorte Avenue Fort (bllins, Colorado 463 Dear Sir: This has reference to meeting held in your office on July 1st, concerning the pro- posed curbing along our main track in Mason Street. We have looked over ,your proposed plan dated June 23, 1964, and have indicated in red some desirable changes. On Section A -A, between intersections, we have changed the 101- 0" dimension between faces bf';curbs to 11f-4" to conform with the Colorado Public Utility Commission's regulations on railroad clearances. In most instances the top of rail will be above the top of curb, but there may be places where the rail will be below the curb where we would have to comply with the P.U.C. horizontal clearance of 5f-O" from centerline of track to the back of curb where the curb is 8" or less above top of rail. We would also prefer to install plank and asphalt type crossings in lieu of con- crete crossings as shown on Section B-B. We prefer this type of crossing as it is more easily maintained, and also due to the fact that a concrete crossing will not stand up under main line traffic and would soon crack and deteriorate. I trust that these changes will be satisfactory with the City and would appreciate your so advising, so that we may handle this matter with our Management for approval to proceed with the work. Yours truly, E. A. Graham Mr. Graham spoke regarding this and advised the Council that there were certain requirements stated in the letter regarding railroad clearance that must be followed. Mr. Jack Goodrich of the Blythe -Goodrich Mortuary spoke in opposition to the curb, stating that, If curb was installed on Mason Street opposite to his mortuary, emergency vehicles would not be able to act immediately when required without slowing up the action. The Council all expressed their views on the matter and questioned Mr. Graham considerably in reference to clearance required and the request for plank and asphalt instead of concrete. After further discussion, motion was made by Councilman McMillan, seconded by Councilman Colwell, that the City accept the proposal of the C & S Railroad with the changes as specified. Roll was called resulting as follows: Ayes: Councilman Colwell and Councilman McMillan. Nayes: Councilman Johnson, Guyer and Councilwoman Quinn. The following communication was presented and read at length: Fort Collins, Colorado July 16, 1964 G. J. Weiss City Engineer Fort Collins. Colorado Dear Mr. Weiss: I hereby request the extension of the existing water tap in use at 921 East Pros- pect Street. Up to this time, it has been used to serve a single bathroom group in a gar- age and shop, and would like permission for it to be extended to serve a one family residencc now under construction on the same lot. The size of the present service is deemed adequate to serve both buildings, and is metered which I feel would be adequate to serve both build- ings. There is also a state permitted well located on the lot to serve for irrigation purposes. Hoping this will receive your favorable approval, I remain, Respectfully submitted, /s/ C. H. Miller Motion was made by Councilman Johnson, seconded by Councilwoman Quinn, that this matter be tabled until the City Attorney investigates the water rights available and the Council recommends annexation. Roll was called resulting as follows: Ayes: Councilms n Johnson. Colwell, McMillan, Guyer and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. Mr. Herb Heineman was present and spoke in reference to the new ruling that the Poudre R-1 School Board made in referencet o school transportation. His desertation con- sisted of asking the City Council to intervene for the residents of the City in this matter. He was advised by the Council and the City Attorney that the residents should contact the school committee and work through them in protesting this ruling. 464 The following petition was presented and read at length: PETITION To the Honorable Mayor and City Council of the City of Fort Collins, Colorado 7uly 16,-1.9_izl� Comes Now Davison Development Co., Inc., by its attorney, William H. Allen, and petitions the Council of the City of Fort Collins to vacate the following described street located in Campus West, Fort Collins, Colorado, to -wit: Beginning at a point 81 feet North and 730.22 feet West of the Southeast corner of the SE4 of the NE4 of Section 15, Township 7 North, Range 69 West of the 6th P.M., thence West 599.0 feet,t hence South•40.0 feet, thence East 200.8 feet to the P.T. of 959 foot radius curve t othe left, the long chord of which bears N. 84015130" E. 191.88 feet, to the P.T. of a 1041 foot radius curve to the right, the long chord of which bears N. 84015'30" E. 208.12 feet to the point of begin- ning, containing 0.390 acres, more or less. Petitioner states that said street has never been opened for public use; that the ;ity of Fort Collins has not expended any funds on said street; and that the City of Fort lollins has requested thA said street be relocated. Respectfully submitted, /a/ William H. Allen Attornet for Petitioner Mr. Gene Allen, City Planner, explained to the City Council that a deed had been received from Mr. John Gaskill for a like amount of property off of the north side of the enth South Shields Street Annexation, plus the dedication of 30 feet of the west edge of the property for the extension of City Park Avenue. This was recommended by the Planning and Zoning Board when thay approved of the Tenth South Shields Street Annexation. The res- on for the change in the street location, was to allow West Elizabeth Street to continue n line to the west to meet the West Elizabeth Street in Miller Subdivision. Motion was ade by Councilman Guyer, seconded by CouncS.lwoman Quinn, that the petition be accepted. oll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Guyer and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The following ordinance was presented and read on first reading: ORDINANCE NO. 25. 1964 ING AN ORDINANCE RELATING TO THE VACATION OF CERTAIN STREETS IN CAMPUS WEST SHOPPING NTFR. FORT COLLINS, COLORADO WHEREAS, the Plat of Campus West Shopping Center. Fort Collins, Colorado, record- ed in the office of the Clerk and Recorder of Larimeir County, Colorado, shows a certain street in said subdivision; and WHEREAS, the owner of the property in the above mentioned plat abutting on said street has petitioned the Council of the City of Fort Collins to cause the same to be vaca- ted; and WHEREAS. it appears that said street has never been opened to the use of the publ purpose; and Motion was made by Councilman Guyer, seconded by Councilwoman Quinn, that Ordi- nance No. 25. 1964, be considered favorably on first reading, and ordered published this 16 day of July. 1964. and to be presented for final passage on the 6th day of August, 1964. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Guyer and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The City,presented the matter of the 15 acre feet of Northern Colorado Water Con- servancy District water offered by John 0. and Margret L. Gaskill in relation to the Tenth South Shields Street Annexation. He also presented a temporary use permit for 15 acre feet. Motion was made by Councilman Johnson. seconded by Councilwoman Quinn, that the City pur- chase the 15 a6re feet of Northern Colorado Water Conservancy District. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Guyer and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The following resolution was presented and read at length: 465 July 16, 196LF OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING THE APPLICATION BY THE CITY OF FORT COLLINS FOR THE TEMPORARY USE OF 15 ACRE FEET OF WATER OF THE NORTHERN COLORADO WATER CON- SERVANCY DISTRICT WHEREAS, the City of Fort Collins has acquired 15 acre foot units of water of the Northern Colorado Water Conservancy District, and WHEREAS-. the Board of Directors of the Northern Colorado Water Conservancy Dis- trict require that the City of Fort Collins enter, into a termporay ust permit agreement with said District for the transfer of said water, and WHEREAS, the Northern Colorado Water Conservancy District has submitted an appro- priate form of temporary use permit agreement to be entered into by the City of Fort Collins NOW. THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the Mayor and City Clerk be and they hereby are authorized and directed to apply for the tem- porary use of said 15 acre feet of water by entering into the temporary use permit agree- ment with the Northern Colorado Water Conservancy District. Passed and adopted at a regular meeting of the City Council held this 16th day of July. A. D. 1964. r ATTEST: /s/ Miles F. Hous City Clerk G. Jo Motion was made by Councilman McMillan, seconded by Councilwoman Quinn, that this resolution be adopted. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Guyer and Councilwomen Quinn. Nayes: None. The President declared the motion adopted. Mayor Johnson advised the Council that he had received an offer to sell to the City of Fort Collins 50 shares of North Poudre Irrigation Company stock at $400.00 per share and wished to receive payment over a period of time. Motion was made by Gouncilman McMillan seconded by Councilman Colwell, that the City purchase the 50 shares of North Poudre Irriga- tion Company stock at $400.00 per share from Thane Schurman to be paid for within a three year period with 5% interest on the unpaid amount. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Guyer and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The City Attorney advised the Council that he had an offer of 30 shares of North Poudre Irrigation Company stock at $400.00 per share and requested the Council advise him regarding same. Motion was made by Councilman Colwell, seconded by Councilman McMillan, that the City purchase the 30 shares of North Poudre Irrigation Company stock which has been offered at $400.00 per share. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell. McMillan, Guyer and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The following communication was presented and read at length. July 15. 1964 City Council Fort Collins. Colorado Gentlemen and Madam: Bartran Homes. Inc. hereby offers for sale to the City 22 shares of the capital stock of the Pleasant Valley and Lake Canal Company. As you may be aware, at the time we purchased the Murke farm whnch we are now developing as Fairview West there was no requiremen that water be furhished on annexation and we did not purchase the water rights. In order to comply with your requirements we have now purchased the 2; shares of Pleasant Valley stock which were with the farm, and in order to purchase these we had to pay $3,000.00 per share. We would approciate your purchasing this water at as near this price as possible. W would like to transfer one share of this stock immediately and 12 shares after the first of the year and would enter into any necessary agreement to effectuate this. Originally there were 3 shares of this water with the Murke farm; however, 2 share was already disposed of and could not be acquired. In place of this 2 share, we have here- tofore offered to the City 32 shares of the capital stock of the North Poudre Irrigation Company and 6 units of Big Thompson Water. 466 July 66. 19L4 Respectfully submitted, BARTRAN HOMES, INC. /s/ By Arthur E. March Jr. Secretary This stock of the Pleasant Valley and Lake Canal Company is offered to facilitate the annexation of further land of the Murke farm which Bartran Homes, Inc., has purchased and is subdivised under the Fairview West and Fairview Second West Annexatons. With this water it was deemed sufficient to take care of the water to be offered on the two annexa- tions with that which has been previo-u:sly offered. Motion was made by Councilman Johnson, sec-)nded by Councilman Colwell. that the City purchase the 22 shares of Pleasant Valley and Lake Canal Company stock at $2.400.00 per share and accept one share of the stock at once and lz shares after the first of January. 1965. and the City Attorney be instructed to pre- pare the necessary agreement to effectuate this purchase. Roll was called resulting as follows: Ayes: Councilmen Johnson. Colwell. McMillan, Guyer and Councilwoman Quinn. Naye: None. The President declared the motion adopted. The City Manager presented a request of Deines Homes, Inc., of a proposed prelim- inary plan of subdivision of land south of Drake Road between South College Avenue and the C & S Railroad known as the Drake farm. The matter of the furnishing of water and sewer Mr. connections to the property was discussed as/Deines wished a commit�ment from the City that they would furnish same in order that he can start arrangements for financing of this subdivision. Mr. Deines would put in the sewer mains to the subdivision at his cost and requested that the City reimburse him for the trunk line easements against various lots and the total cost of the installation of City trunk line plus 5% interest. He also re- quested the installation of a large enough main to serve the proposed subdivision at the City's cost, which would be recovered by the City from the water easements against same lots. Motion was made by Councilman McMillan, seconded by Councilwoman'Quinn, that the City Manager be authorized to commit the City to the installation of the water and sewer lines as stated above, and the City Attorney authorized to prepare a letter of commi';t.ment. Roll was called resulting as follows: Ayes: Councilmen Johnson. Colwell, McMillan, Guyer and II Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The following report was presented and read at length: July 13, 1964 TO, R. Boos. City Manager FROM: R. Hollady Section 2-7, Subsevtion A. - Selling SUBJECT: Violation of Code of Ordinances. Chapter 2, to person under 18 years,of age. Cast #16975 Sir: On July 6. 1964 at 3:00 P.M. this officer met with Agent William McComb, Jr., Colorado State Liquor Department, and arranged for him to frequent the Pine Tavern, 244 Pine, and be on the alert for state and local liquor law violations. McComb has been recently transferred to this area and is not known. At 11:00 P.M., 7-11-64. Agent McComb arrested Frank E. Tatum, C/M, 3-24-48 drinking at the Pine Tavern. Subject was booked and released to father. He will be filed on in Juvenile court at an early date. Subject was in the company of two young men of age. All three stood att he bar and the beer was served. As the subject raised the bottle to his mouth, McComb identified himself and placed subject in sustody. He was immediately turned over to our offic,.ere who were in the area. Incidentally. McComb stated that Harold Schwindt, owner of the tavern, was intoxicated. Since Schwindt's license has been renewed this year, the number of disturbances has in- creased. In the month of July alone there has been eight reported fights in the place. The actual number is, of course. unknown. His employees make no attempt to assist our officers and certainly do not supervise the place adequately. Schwindt has repeatedly promised this officer to conduct his affairs in a better manner but has not lived up to his promises. 467 This officer is certain that this case is only one of many. We were successfuly in reviewing the violation because we used an unknown operative. Copies of the original report and supplementary information are attached. This officer recommends that the City Council conduct a hearing consonant with the provision set forth in Code of Ordinances, Chapter 2, Section 2-15, as soon as possible. Respectfully submitted, /sl Roy E. Hollady Chief of Police After discussion, motion was made by Councilman Guyer, seconded by Councilman (Colwell, that the City be instructed to notify Mr. Schwindt of the date of the hearing on his non-intoxidating malt liquor -.license as required by law. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Guyer hnd Councilwoman Quinn. Nayes JNone. The President declared the motion adopted. The following petition was presented and read at length: PETITION AND APPLICATION FOR ANNEXATION STATE OF COLORADO) COUNTY OF LARIMER) ss, CITY COUNCIL OF THE CITY OF FORT COLLINS FORT COLLINS. COLORADO GENTLEMEN: WHEREAS. We the undersigned are the owners of more than 50% of the area and compris the majority of land owners residing in the area which is described as situate in the County of Larimer, State of Colorado, to -wit: Part of the South Half (S2) of Section 15. Township 7 North, Range 69 West of the 6th Principal Meridian, in the City of Fort Collins, County of Larimer, State of Colorado, contained within the boundary lines which, considering the South line of the Southwest Quarter (SW4) of said Section 15 as bearing South 89°48030" East and with all other bearings contained herein relative thereto, is more particularly described as follows: Commencing at the Southwest corner of the Southwest Quarter (SW4) of Section 15, Township 7 North, Range 69 West of the 6th P.M.; thence South 89°49'30" East along the South line of the Southwest Quarter (SW4) of said Section 15 a distance of 1,419.00 feet to the Southwest corner of the "First Fairview West Annexation"; thence North 00032'00" West along the East line of Miller Brothers South Foothills Subdivision Fourth Filing", and also the West line of the "First Fairview West Annexation" a distance of 660.00 feet to the Northeast corner of Lot 114, "Miller Brothers South Foothills Subdivision, Fourth Filing" and also the Northwest corner of the"First Fairview West Annexation", said point being the True point of beginning; thence North 89049'39" West along the North line of said Lot 114, a distance of 131.89 feet to the Northwest corner of said Lot 114; thence North 00°32'001"West along the East line of "Miller Brothers South Foothills, First, Second and Third Filings and Park Area", a distance of 1,982.75 feet to a pint on the centerline of Elizabeth Street, from which print the West Quarter Corner )W4 Cor.) of said Section 15 bears North 89°54123" West a distance of 1,287.00 feet; thence South 89,54120"`East along the North line of the Sbuthwest -Quarter (SW4) of said Section 15 a distance of 1#370.36 feet to the North- east corner of the Southwest Quarter (SW4) of said Section 15; thence South 89*40123" East a distance of 9.80 feet to the Northwest corner of "The Fifth Fairview Annexation" to the City of Fort Collins; thence South 00009(33" West (Fairview West Bearing Datum), South 00010115" East (Fairview Bearing Datum), along the West line of "The Fifth Fair- view Annexation" a distance of 895.08 feet to the Northwest corner of "The Fourth Fir - view Annexation"; thencd again South 00*09133" West (Fairview West Bearing Datum), South 00°10115" East (Fairview Bearing Datum), along the West line of "The Fourth Fairview West Bearing Datum), South 89°32130"'East (Fairview Bearing Datum) along "The Fourth Fairview Annexation" a distance of 132.00 feet; thence South 00°0933" West (Fairview West Bearing Datum), South 00°10115" East (Fairview Bearing Datum) along "The Fourth Fairview Annexation" a distance of 660.00 feet to the centerline of West Prospect Street and the South line of the Southeast Quarter (SE4) of said Section 15; thence North 89032130" West along the South line of the Southeast Quarter (SE4) of said Section 15 a distance of 132.00 feet tot he Southeast corner of the Southwest Quarter (SW4) of said Section 15; thence North 89"49130" West along the South line of the Southwest Quarter (SW4) of said Section 15 a distance of 248.59 feet to the Southeast corner of the "First Fairview West Annexation"; thence along the "First Fairview West Annexation" by the following courses and distances: thence North 12"00'00!_ West 139.39 feet; thence North 00"24120" West 317.56 feet; thence North 09w41136`West 178.22 feet; thence South 75010'30" West 165.94 feet; thence South 14"49130" East 27.37 feet; thence North 89"49'30" West 199.91 feet; thence South 00"10'30" West 52.14 feet; thence South 82"13'l0,',' West 181.23 feet; thence along the arc of a car ve to the left whose radius is 325.00 feet and whose chord bears South 10"19129" East a distance of 28.82 thence South 77"08110" West 118.58 feet; thence South 00"10130" West 42.69 feet; thence North 89049130" West 108.00 feet;' thence North 00"10'30" Zast 10.00 feet; thence North 00032'00"'West 264.97 feet; thence North 89"49'30 " West 174.89 feet to the True Point of Deginning; containing 71.7 acres, more or less. tl AND WHEREAS, said lands are contiguous with the City Limits of the City of Fort ollins, Colorado, and more than one -sixth of the aggregate external boundries of said 468 ita L6-.)F lands coincide with the existing boundries of the City of Fort Collins, and WHEREAS, a plat of said lands has been prepared in accordance with the provisions of the Colorado State Statutes and the Ordinances of the City of Fort Collins, 4 copies of which said plat is herewith submitted, NOW. THEREFORE. it is respectrully petitioned that said plat comprising the above described lands, be accepted and approved, that the territory embraced therein, to be known as the SECOND FAIRVIEW "WEST" Annexation to the City of Fort Collins, Colorado, be included within the limits and jurisdiction of the City of Fort Collins, Colorado, and further that said lands be included in the "A" Residential zone under the zoning Ordinance of the City of Fort Collins. Dated at Fort Collins, Colorado, this 14th day of July, 1964, A. D. spectfully submitted: BARTRAN HOMES; INC. /a/ William D. Bartran, President ATTEST: /s/ Arthur E. March, Jr., Secretary STATE OF COLORADO) ) as. COUNTY OF LARIMER) The foregoing instrument was acknowledged before me this 14th day of July, 1964, By William D. "artran as President and A. `'. March, Jr., as Secretary of Bartran Homes, Inc. fort he purposes therein set forth. commission expires August 5. 1967. /s/ Barbara Herron Notary Public Motion was made by Councilwoman Quinn, seconded by Councilman Colwell, that this be referred to the Planning and Zoning Board for their recommendation. Roll was called re- sul ing as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Guyer and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The re -plat of Block 2, Lots 1/7 inclusive of Block 2, of St. Vrain Subdivision, was presented for approval. Motion was made by Councilwoman Quinn, seconded by Councilman uyer, that the plat be approved. Roll was called resulting as follows: Ayes: Councilmen Johnson. Colwell, McMillan, Guyer and Councilwoman Quinn. Nayes: None. The President de- clared the motion adopted. The following communication was presented and read at length: July 15. 1964 Members of the City Council City of Fort Collins Municipal Building Fort Collins. Colorado Dear Council Members: Several residents of the area near the intersection of West and Cherry Streets in the Northwest section of Fort Collins have asked me to write you concerning their problem. The problem concerns the commercial boarding of dogs by Yiabel DeWyke at 335 West Street, Fort Collins. This area is zones "B Residential" and, of course, the zoning ordinances would prohibit any commercial usage. Secondly there is a failure to comply with Section 3-E of the Code of Ordinances of the City of Fort Collins; which specifically provides fort he "removal promptly of manure, filth, rubbish and foul material that may accumulate. 'Complaints have been registered with the City Attorneys office and apparently the City Attorney's office has promptly written letters, but these letters have had no effect These people are now asking the City Council to see thatthe problem is handled in Municipal Court or otherwise. This condition is certainly a nuisance, injurious to public health, and the odor is most objectionable. The people is this area advise me that numerous dogs are penned in a very small area. The animals are almost always left unattended during the entire day and apparently are often not watered or fed. Keeping the dogs in this mariner is certainly inhumane. It. is hoped that this need not be referred to the Colorado Humane Society for action by them, but action must be taken. During the summer time, the noise and odor are such that property values are being depreciated. The flies and other insects which are breeding in the area are certainly carriers of disease. The problem is one that certainly needs immediate attention and appar- ently the letters of demand are ignored. 469, Lu1�� 16_.-19 6)1 On behalf of these citizens. I respectfully request that the City Council take such action thatis necessary through the Municipal Court or otherwise to abate this nuisance and to make the use of this property comply with the applicable zoning ordinances. Yours very truly, /s/ Gene E. Fischer After discussion, motion was made by Councilman McMillan, seconded by Councilnu man (Quinn, that this be referred to the Health Officer and City Attorney for immediate action. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Guyer and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The City Manager reported that the Soldier Canyon Reservoir has been turned over to the City and is starting to fill today. The following communication was presented and read at,length• 516 Locust St. Ft. Collins, Colo. July 14, 1964 To: Honorable Mayor Harvey Johnson and Members of the City Council of Ft. Collins, Colo. Dear Sirs: The Daughter's of Colorado Pioneers, (formerly the Pioneer Women's Society); would like to take this opportunity to entreat you to fix up the inside of the Aunty Stone Cabin, which we had moved to the Library Park Pioneer Triangle, and presented to the City. We are without funds to fix the inside of the cabin, and as it now belongs to the City of Ft. Collins, we have hopes that we can soon put some of the articles and furniture, we now are storing in various places, therein. We have for instance, the Melodeon that played the first dance in Denver. We have been told there is no room for it in the Pioneer Museum. We also have several arti- facts of value, of less room -taking proportions, which we feel should all be kept together in the old cabin, from whence they were removed, when the building was moved. These article are liable to become lost, unless a place suitable is provided for them. As this is the Centennial year for the City of Ft. Collins, we feel it is the best time to do something about some things that are over a hundred years old. Please consider this when you make out your budget for'the next year. Sincerely yours, Is/ Mrs. Andrew Chismar, Sec'y Mrs. Leonard Verellen, Pres, Mrs. Lester R. Hess, Cabin Chairman. Motion was made by Councilman Guyer, seconded by Councilman McMillan, that this letter be referred to the Centennial Committee for consideration. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Guyer and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The following communication was presented and read at length: July 15. 1964 Water Department Fort Collins, Colorado Gentlemen, May I extend to you my sincere appreciation and thanks fort he vastly improved water pressure at our home in the Miller Addition. We are enjoying winter time pressure in our bath, kitchen and laundry -- and for the first rime watering both front and back yards simultaneously. With kindest regards. Yours truly, /sl Jack Rowe The City Manager made a verbal report that he was having numerous complaints of the starlings nesting in the west part of town. This seems to be an annual affair and various efforts have been made to dispose of them. He stated that he and a Federal Fish and ldlife Service agent had experimented and it appears that the best way to drive the birds 470 out is to explode a sort of a bomb above the trees. He stated that he would look into the atter of the cost of these special blank shotgun shells and also the posibility of cherry ombs used during the 4th of July celebration. The only objection that could be in these ombs might be complaints from the residents of the area in which the experiment is being ried and also the cost of same. He advised the Council that they should be advised of same. Mayor Johnson advised the Council that Mr. Norman Evans, Chairman of the Water rd had been transferred to Bangkok. Thailand, for approximately 10 or 11 months and that the Board felt that, rather than replace Mr. Evans on the Board, that he has been a very active and that they would attempt to carry on the work of the Board until he returns. Motion was made by Councilwoman Quinn, seconded by Councilman Guyer, that the Council adjourn. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Guyer and Councilwoman Quinn. Nayes: None. The President declared the motion adopted and the Council adjourned. 47or ST: