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HomeMy WebLinkAboutMINUTES-09/03/1964-Regular523 September 3, 1964 MINUTES OF A REGULAR MEETING OF THE COUNCIL OF THE CITY OF FORT COLLINS, Held Thursday, September 3, 1964, at 1:30 o'clock P.M. Present: Councilmen Johnson, Colwell, McMillan, Guyer and Councilwoman Quinn. City Manager,Boos, City Attorney March and City Engineer Weiss. Motion was made by Councilwoman Quinn, seconded by Councilman Colwell, that the reading of the minutes of the last regular meeting held August 27, 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. This being the date of the hearing of the rezoning of a portion of the Highlander Heights Subdivision from "A" to "D", the City Clerk advised the Council that no written counter petitions had been filed. The following Ordinance was presented on first reading: ORDINANCE NO. 33, 1964 AMENDING CHAPTER 19, CODE OF ORDINANCES OF THE CITY OF FORT COLLINS, COLORADO, 1958, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE, CHANGING A TRACT OF LAND LOCATED IN THE SW4 OF SECTION 18, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6TH P.M. FROM "A" RESIDENCE DISTRICT TO "D" COMMERCIAL DISTRICT. Motion was made by Councilman Guyer, seconded by Councilman Colwell, that Ordi- nance No. 33, 1964, be considered favorably on first reading and ordered published this 3rd day of September, A. D. 1964, and to be presented for final passage on the 24th day of Sept- ember, A. D. 1964. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwel: McMillan, Guyer and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. This being the date of the hearing, as set by the City Council at their last reg- ular meeting of August 27, 1964, on the resolution approving certain traffic regulations, specifically deletion of the diagonal parking on 22 blocks on 'nest Mulberry, from Sections 23-34a, Code of Ordinances, the matter was presented to the Council. The Mayor asked if there were any persons present to present anything pro or con on the resolution. Mr. James eatty presented the following communication, and spoke considerably on the contents thereof September 3, 1964 The Honorable City Council :.ity of Fort Collins 300 LaPorte A venue Fort Collins, Colorado Re: Vernon D. and Barbara Bailey entlemen: At your council meeting two weeks ago today in open hearing I presented a proposal on behalf of my clients named above for the allowance of a curb cut and bay parking area on the South side of Mulberry Street. We respectfully request that this cut and bay parking area be allo ed on the basis that all installation costs, including curb, gutter and sidewalk, would be paid by the Baileys. This would also presuppose that off-street parking *.could be located on the rear of their lot and the alley. If this request could be granted, it would be our intent to construct the bay parking at such an angle which would insure that any vehicle entering the traffic on Mulberry would involve only the temporary obstruction of the inside land. I'm sure the Honorable Council recognizes the fact that any ordinance requiring only paralle: parkin; on this property would materially jeopardize and be detrimental to the lawful use thereof. We make this proposal as a reasonable compromise and in effort to recognize your problem and at the same time solve that problem which is posed to our clients. Respectfully submitted, /s/ James D. Beatty After the discussion by Mr. Beatty, the Council recessed for ten minutes for con- sideration of the request as presented by Mr. Beatty in the above communication. Upon reassembling, the Mayor stated that the Council had considered the request and felt that the circumstances were sufficient that the request should be denied. Motion was made by Coun- cilwoman Quinn, seconded by Councilman Colwell, that an amendment to the original resolution be made to read as follows: ., M September 3, 1964 BE IT RESOLVED that the resolution "be effective as of December 3, 1ybW' and the resolution, as amended, be adopted. Roll was called resulting as follows: Ayes: Council- men Johnson, Colwell, McMillan, Guyer and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The following resolution was presented and read at RESOLUTION OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING AN AGREEMENT WITH OTTO JAMES PIERCE AND MARY C. PIERCE PERTAINING TO THE USE OF THE CITY!S SEWER SYSTEM OUTSIDE THE CITY LIMITS WHEREAS, an application was heretofore made to the City Council for permission to tap the sewer main of the sewer system of the City of Fort Collins by Otto James Pierce and Mary C. Pierce, and WHEREAS, the City Council has approved said application subject to applicants entering into an agreement in connection with the granting of said application and provid- ing for conditions of annexation to the City, and WHEREAS, the City Attorney has prepared an agreement providing for the above, which agreement has been approved by the City Manager. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the application of the above named parties be and it hereby is approved. BE IT FURTHER RESOLVED that the terms of the agreement pertaining thereto be and they hereby are approved. BE IT FURTHER RESOLVED that the City Manager be and he is hereby authorized and directed to execute said agreement for and on behalf of the City of Fort Collins. Passed and adopted at a regular meeting of the City Council held this 3rd day of September, A. D. 1964. /s/DHarvey G. Johnson Mayor ATTEST: /s/ Miles F. House City Clerk Motion was made by Councilman McMillan, seconded by Councilman Guyer, 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 application was presented and read at length: Application of a Non -Resident for a Temporary Revocable Permit to Take !dater frorr the Fort Collins Colorado, System of Water Works TO THE CITY MANAGER OF THE CITY OF FORT COLLINS, COLORADO: The undersigned, owner of the following described property adjacent or close to but not within the corporate limits of the City of Fort Collins, Colorado, to -wit: One family dwelling situated East 115 feet of Lot 21, in Block I Freyls Subdivision being a part of the NE4 of SW4 of Section 10, TWP, 7 N. R. 69 West of the 6th P.M. also known as 107 Frey does hereby respectfully petition the City of Fort Collins for permission to tap the Fort Collinw Water Works distribution main at Frey Street -- 3/4" Service Dated at Fort Collins, Colorado, this 31 day of August, A /s/ Opal H. Bateman 1734 W. Mountain Ave. Fort Collins, Colorado Motion was made by Councilwoman Quinn, seconded by Councilman McMillan, application be approved and referred to the City Attorney to prepare the necessary agree - Roll was called resulting as follows: Guyer and Councilwoman Quinn. Councilmen Johnson, Colwell, McMillan, The President declared the motion adopted. The following application was presented and read at length: Application of a Non -Resident for a Temporary Revocable Permit to Take Water f Fort Collins. Colorado. System of Water Works. TO THE CITY MANAGER OF THE CITY OF FORT COLLINS, COLORADO: 525 The undersigned, owner of the following described property adjacent or close to but not within the corporate limits of the City of Fort Collins, Colorado, to -wit: United Pentecostal Church, 2130 W. Mulberry, part of SE4 of SE4 of Section 9, Township 7 North, Range 69 West of 6th P.M. does hereby respectfully petition the City of Fort Colins for permission to tap the Fort Collins, Water Works distribution main at 2130 W. Mulberry, 3/4" tap Dated at Fort Collins, Colorado, this 31 day of August, A. /D. 1964. /s/ Thomas L. Uzzell - Pastor Sybil T. Uzzell - Sect. Motion was made by Councilman, seconded by Councilman Guyer, that this application be approved and referred to the City Attorney to prepare the necessary ,:.agreement. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Guyer and Coun- cilwoman Quinn. Nayes: None. The President declared the motion adopted. The following ordinance was presented on first reading: ORDINANCE NO. 34, 1964 BEING AN ORDINANCE RELATING TO THE VACATION OF AN EASEMENT ACROSS THE EAST SIDE OF LOT 17, MILLER BROTHERS FOOTHILLS SUBDIVISION, FOURTH FILING Motion was made by Councilwoman Quinn, seconded by Councilman Guyer, that Ordi- nance No. 34, 1964, be considered favorably on first reading and ordered published this 3rd day of September, A. D. 1964, and to be presented for final passage on the 24th day of Sept- ember, A. D. 1964. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwe llan, Guyer and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The matter of the request of Mr. Ned Mitchell of the A & J. Market at 421 Cowan, for approval to install gasoline pumps under the Supertron Remote Control system, was again presented. The following communication was.presented and read at length: September 3, 1964 City Council City of Fort Collins Municipal Building Fort Collins, Colorado r and City Council: The undersigned have reviewed the matter of the application of Ned Mitchell for a self-service gasoline dispensing operation. We have conferred with the Building inspector the Fire Chief, and Mr. Mitchell, and have requested an opinion from Mr. D. G. Mulligan, Chief Engineer, Mountain States Inspection Bureau regarding this proposed operation. We hav( also reviewed the latter's opinion, a copy of which is attached hereto. The Fire Prevention Code in Section 15.503 b (1) provides* " in lieu of being held open by hand, an approved automatic nozzel may be used for dispensing Class I flammable liquid into the fuel tank of a vehicle. Such a. nozzel shall have the latch -open device as an integral part of the assembly and shall shut off the liquid reliably and positively when the gasoline tank is filled, when it falls from the filling neck of an automobile tank, when it is subject to rough usage such as dropping or lack of proper lubrication, or when an automobile is driven away while the nozzle is still in the tank. A competent atten dant shall be in the immediate vicinity of the vehicle being filled by such an!. approved nozzle." You will note that it is the opinion of Mr. Mulligan that the customer is not to be con- sidered as a competent attendant for the purposes of this section and the remote control operator w uld not be considered to be in the immediate vicinity- of the vehicle. In view of this, it is our opinion that the proposed operation would violate the provisions of the Fire Prevention Code which has been adopted by this City. In addition, the City ordinances provide in Section 9-21 that the City Council must approve the location of all gasoline dispensing service stations and regardless of the existence of the Fire Prevention Code the City Council could either approve or disaporove this application on any reasonable grounds. As mentioned above, it is the feeling of the undersigned that this operation is not allowed underthe existing ordinances, however, if the City Council were to determine that this should be allowed it is our opinion regarding the proposed operation specifically that there should be requirements imposed specifically requiring that the remote control operator be in a position to observe and actually observe the dispensing of gasoline at any time the pumps are in operation and that no parking or other obstruction be allowed between the pumps and the position of the remote control operator. In addition, the control device should be completely separate from any other cashier operation so that the control ofll the gasoline operation is's sepatste responsibility and not incidental to other employee activities. I Respectfully submitted, , /s/ Arthur E.March - City Attorney R. F. Boos - City Manager 526 MOUNTAIN STATES INSPECTION BUREAU Denver 1, 1964 Mr. C. R. Carpenter Chief of Fire Department P.O. Box 580 Fort Collins, Colorado 60522 Dear Chief Carpenter: September 3, 1964 August 28, 1964 I have reviewed your letter to me of August 26,1964, in reference to proposed gasoline dispensing operation at location in Fort Collins, Colorado and will advise that it is my opinion that such operation does not comply with provisions of Firt Prevention Code 1956 Edition effective in the city of Fort Collins, Colorado. Considering the use of automatic nozzle in the operation the pertinent provision of the code states, "A competent attendant shall be in immediate vicinity of the vehicle being filled by such anapproved nozzle." The person who purchases and receives the gasoline is not considered to be a competent attendant and the remote control operator is not in full control of dispensing nozzle nor in the immediate vicinity of the vehicle as is cus- tomerily known and practiced in service station operation. The provisions of the Code relating to the use of manual nozzle specify dispensin€ of Class I flammable liquids at all times under the control of a competent person and, stain it is my opinion that the customer is not considered a competent person to handle the dispersing of gasoline. Confirming also our previous discussion I will advise that the proposed operation will not affect the fire insurance rate on buildings in connection therewith where gasoline is dispensed outside of buildings and the storage tanks are installed in accordance with standard requirements. Yours very truly, /s/ D. G. Mulligan Chief Engineer Mr. Mitchell was present and spoke considerably on certain aspects on the opera- tion, if such should be granted, as to moving the pumps closer to the building in order tha the attendant would be in the immediate vicinity of the pumps and he also stated that when a customer was being serviced that the attendant would devote his entire time at the remote panel until the service was completed. Fire Chief Carpenter was present and discussed the matter further as to the fire hazard aspect. Mr. Floyd Headly of the Skelley Station was present and protested the issuance of any approval of the installation of this type of ser- vice station in the City of Fort Collins. After considerable discussion by the Coubcil members, motion was made by Councilman Guyer, seconded by Councilwoman Quinn, that the re- quest of Mr. Mitchell be denied. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Guyer and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. Councilman Guyer suggested that the above matter before the Council be referred to the Planning and Zoning Board for study and recommendation at a future date. 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 and com- prise the majority of land owners residing int he area which is described as situate in the County of Larimer, State of Colorado, to -wit: A tract of land situate in the Northeast a of Section 16, Township 7 North, Range 69 West of the Sixth P.M. County of Larimer, State of Colorado, which consider- ing the North line of said Northeast 4 as bearing South 89035'30" East and with all bearings contained herein relative thereto is contained within the boundaries which begin at a point which bears N. 89°35'30" W. 1472.00 feet from the NE corner of said NE4 and run thence S. 00125' E. 1320.00 feet; thence N. 89°35'30" W. 13.00 feet to the SE corner of the West Mulberry First Annexation to the City September 3, 1964 of Fort Collins, Colorado; thence N. 00°25f W. 1320.00 feet along the East line of said annexation to a point on the North line of said Northeast 4' thence S. 89035'30" E. 13.00 feet along said North line to the point of beginning, containing 0.3939 acres, more or less. AND WHEREAS,s aid lands are contiguous with the City Limits of the City of Fort Collins, Colorado, and more than one -sixth of the aggretate external boundaries of said lands coincide with the existing boundaries of the City of Foet 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 respectfully petitioned that said plat comprising the above described lands, be accepted and approved, that the territory embraced therein, to be known as the West Mulberry Third Annexation to the City of Fort Collins, Colorado, and further that said lands be included in the A zone under the zoning Ordinance of the City of Fort Collins. Dated at Fort Collins, Colorado, this 17th day of August, 1964, A. D. /s/ Herman Baetz STATE OF COLORADO) ss. COUNTY OF LARIMER) /a/ Mabel Baetz The foregoing instrument was acknowledged before me this 17th day of August By Herman Baetz & Mabel Baetz for the purposes therein set forth. My commission expires November 8, 1964. (SEAL) /s/ Judith R. Robinson Notary Public Motion �es made by Councilman McMillani, seconded by Councilman Colwell, that the petition be referred to the Planning and Zoning Board for their recommendation. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Guyer and Coun- cilwoman Quinn. Nayes: None. The President declared the motion adopted. The following communication was presented and read at length: September 3, 1964 TO: The Fort Collins City Council FROM: The Planning and Zoning Board SUBJECT: West Mulberry Third Annexation On September 1, 1964, the Planning and Zoning Board considered this annexation petition, with A Residence District Zoning. It is their recommendation to annex the area as requested. This is a strip 13 feet wide and 1320 feet long. It is being platted as a street, making a right-of-way 50 feet wide, to serve the Green Meadows Subdivision being platted on adjoining land already in the City. Respectfully submitted, Fort Collins Planning and Zoning Board /s/ Gene Allen Secretary Motion was made by Councilwoman Quinn, seconded by Councilman Guyer, that this be referred to the City Attorney to prepare the necessary resolution and notice of hearing. Roll was calle d resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Guyer and Councilwoman Quinn. Nayes: None. The Presidentdeclared the motion adopted. The City Clerk advised the Council that an additional applica ti on for water outs the City had been filed after the preparation of the agenda and asked if they wished to consider same. Upon being advised of the petition, the following application was presented and read at length: Application of a Non -Resident for a Temporary Revocable Permit to Take Water from the Fort Collins, Colorado, System of Pater Works TO THE CITY MANAGER OF THE CITY OF FORT COLLINS, COLORADO: The undersigned, owner of the following described property adjacent or close to but not within the corporate limits of the City of Fort Collins, Colorado, to -wit: 528 September 3, 1964 Part of Lot 22, in Block 1, Frey Subdivision, per plat of Records, being a part of the SW! of Section 10, Township 7 North, Range 69 West of the 6th P.M., described as follows: Beginning at the NE corner of said Lot 22, thence West 115 feet; thence South 60 feet; thence East 115 feet; thence North to beginning point does hereby respectfully petition the Cityof_'Fort Collins for permission to tap the Fort Collins Water Works distribution main at 105 Frye -- 3/4" tap Dated at Fort Collins, Colorado, this 3rd day of August, A. D. 1964. s/ Arthur A. Grovert Motion was made by Councilman Guyer, seconded by Councilman Colwell, that this application be approved and referred to the City Attorney to prepare the necessary agree- ment. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Guyer and Council woman Quinn. Nayes. None. The President declared the motion adiopted. The following communication was presented and read at length: September 1st, 1964 Fort Collins City Council City Hall Fort Collins, Colorado Gentlemen: Around October 1st, we hope to be in our new quarters in the University Plaza. We would like for you to give very serious consideration for our Bank to act as a collect- ion Agency for City Light and Water accounts. As you know, this is done in many cities. It would save people from the south part of Fort Collins from driving downtown, or writing a check. We would not expect any compensation from this, and would credit your regular account at any designated period desired by the City. Our sole pur pose in doing this would be to create traffic in our Bank, and to draw atten- tion to our new location. Very truly yours, UNIVERSITY NATIONAL BANK /s/ Herbert Ricker, President Motion was made by Councilman Johnson, seconded by Councilwoman Quinn, that this letter be referred to the City Manager for study and report. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Guyer and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The Mayor asked -.the City Manager if he was ready to make a report on the request of Ron Sitzman for meters in front of the property where his new bakery is be be located on South College Avenue. The City Manager advised the Council that he had looked into the matter but had not made a report at this time but presented to the Council a plat of spaces available in the block of South College which was prepared by the City Engineer's office there and suggested that '/ would be four meter spaces by the driveway on each side of the bakery building and the adjacent building on the north. He suggested that if the request was granted, that two meters would be of one or two hour type and two meters would be of the 15 minute limit. After discussion, motion was made by Councilwoman Quinn, seconded by Councilman Colwell, that the request of Mr. Sitzman be granted for a 90 day trial period before amending the ordinance to cover this installation. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Guyer and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The Mayor presented a note in reference to a telephone call received previous to the Council meeting from Mrs. Nora Johnstone of 812 West Mulberry Street in which she ad- vised the Council that she was very much in favor on what the Council is doing on street marking. 529 September 3, 1964 Councilman McMillan brought up the matter which was given considerable publicity in the local paper in reference to decisions of the Planning and Zoning Board approving the rezoning of certain property in the fringe area directly south of Fort Collins for commer- cial purposes by the County and Regional Boards as an emmergency measure. He spoke consid- erably on this matter and he felt did not give the Planning and Zoning Board sufficient time to look into the City zoning requests in order that they could made a proper recommen- dation to the County Planning and Zoning Board which is required by the rules and regu�a- tions for property inside of the miles of the fringe area. He stated that he felt, even in an emergency, sufficient time should be granted to the members of the Board to consider the requests after some investigation. Chairman Ochletree of the City Planning and Zoning Board requested the Council to advise him of the time limit for consideration of such matters in order for the members to acquaint themselves with the matter pressented to them. After considerable discussion between members of the Council, City Manager and the City Director, it was the consensus of opinion of the Council members that the Planning and Zoning Board should effect their own rules requiring the time necessary to consider, even emergency requests. Motion was made by Councilman Colwell, seconded by Councilman McMillan, that the City Council of the City of Fort Collins go on the record with a vote of confidence in the members of the Fort Collins Planning and Zoning Board. Roll was called resulting as follows: Ayes: Councilmen Colwell, McMillan, Guyer and•Quinn. Nayes: None. The Preside declared the motion adopted. Motion was made by Councilwoman Quinn, seconded by Councilman McMillan, that the ICouncil adjourn. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Guyer and Councilwoman Quinn. Nayes adopted and the Council adjourned. IATTEST : y None. The President declared the motion Ov ayor