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HomeMy WebLinkAboutMINUTES-10/22/1964-Regular58.6 October 22 196L; MINUTES OF A REGULAR FETING OF THE COUNCIL OF THE CITY OF FORT COLLINS, Held Thursday, October 22, 1964, at 1:30 o'clock P.M. Present: Councilmen Johnson, Colwell, Guyer and Councilwoman Quinn. Acting City Manager Lynch, City Attorney March and Acting City Engineer Case. Absent: Councilman McMillan, excused. Motion was made by Councilwoman Quinn, seconded by Councilman Colwell, that the sjlreading of the minutes of the last regular meeting held October 15, 1964, be dispensed oath. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, Guyer and Council woman Quinn. Absent: Councilman McMillan, excused. Nayes: None. The President declared the motion adopted. The,follbwingeordinance was presented on second reading: ORDINANCE NO. 39, 1964 BEING "THE ANNUAL APPROPRIATION ORDINANCE" RELATING TO THE ANNUAL APPROPRIATIONS FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1965, AND FIXING THE MILL LEVY FOR SAID FISCAL YEAR. Motion was made by Councilman Guyer, seconded by Councilwoman Quinn, that Ordi- nance No. 39, 1964, be adopted and become a law upon passage. Roll was called resulting as Absent: Councilman McMillan, exc follows; Ayes: Councilmen Johnson, Colwell, Guyer and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. This being the date of the hearing on the annexation of the West Mulberry Third Annexati_-)n, the City Clerk advised the City Council that no written counter petition had been filed. The following ordinance was presented on first reading: ORDINANCE NO. 40, 1964 ACCEPTING AND APPROVING THE PLAT OF WHAT IS KNOWN AS THE WEST MULBERRY THIRD ANNEXATION TO THE CITY OF FORT COLLINS AND TO BE INCLUDED WITHIN THE LIMITS AND JURISDICTION THEREOF, PURSUANT TO THE ATiTHORITY CONTAINED IN ARTICLE 11, CHAPTER 139, COLORADO REVISED STATUTES, 1953 Motion was made by Councilman Guyer, seconded by Councilwoman Quinn, that Ordi- nance No. 40, 1964, be considered favorably on first reading and ordered published this 22nd day of October, A. D. 1964, and to be presented for final passage on the 12th day of Nov- ember, A. D. 1964. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell; Guyer and Councilwoman Quinn. Absent: Councilman McMillan, excused. 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 MOUNTAIN VIEW HEIGHTS 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 15th day of October, A. D. 1964, a written petition was presented to the Council of the City of Fort Collins in substantial compliance with the Provisions of Colorado Revised Statutes, 1953, 139-11-3, by the owners of more than fifty per cent (500) 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 portion of the NE41 of Section 10, Township 7 North, Range 69 West of the 6t1n. Principal Meredian contained within the boundary lines more particularly described as follows: Beginning at the SW corner of the NGJ4 of the NEB of said Section 10; thence North 89045'15" East 960.17 feet; thence North 00°06117" East 941.50 feet; thence North 90°00100" ?lest 62.50 feet; thence South 89039'00" West 255.29 feet; thence South 88°39'00" West 463.42 feet; thence North 89°58'00" West 189.81 feet, to a point on the Nest line of said NE4 of said Section 10; thence South 00°33115'l East 275.50 feet, along the West line of said NET1 of said Section 10); thence North 89°26+L.5" East 75.00 feet; thence South 00033115" Fast 75.00 feet; thence South 89026145" West 75.00 feet; to a point on the West line of said NE4 of Sec- tion 10; thence South 00°33115" East 582.59 feet, along the West line of said NEY of said Section 10, to the Point of Beginning; ised. and, 587 WHEREAS, said owners have requested that the above described lands be admitted to the City of Fort `'ollins 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 the documents thereto attached meet the requirements of Section 139-11-3, Colorado Revised Statutes, 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 December 3, 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 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 Collins Coloradoan, the official newspaper of the City, in the issues of such newspaper published October 27 and November 3, 10, and 17, 1964, and that such notice be in words and figures as follows: "NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Notice is herewith given that a petition was presented on October 15, 1964, to the Council of the City of Fort 'ollins requesting that the following described land, situ- ate in the County of Larimer, State of Colorado, to -wit: A portion of the NE4 of Section 10, Township 7 North, Range 69 West of the 6th Principal Meridian contained within the boundary lines more particularly described as follows: Beginning at the SW corner of the NW4-1 of the NE4 of said Section 10; thence North 89°45115" East 960.17 feet; thence North 00006117" East 941.50 feet; thence North 90°00100" West 62.50 feet; thence South 89039100" West 255.29 feet; thence South 88°39100" West 463.42 feet; thence North 89058,00" West 189.81 feet, to a point on the '.lest line of said NE4 of said Section 16; thence South 00033'15" East 275.50 feet, along the ✓Jest line of said NE4 of said Section 10; thence' North 89°26145" East 75.00 feet; thence South 00033115" East 75.00 feet; thence South 89°26145" West 75.00 feet; to a point on the ?lest line of said NE4 of Sec- tion 10; thence South 00°33'15" East 562.59 feet, along the West line of said NE4 of said Section 10, to the 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 accepted by the Council of the City of Fort Collins on October 22, 1964, and that hearing on an ordi- nance approving said annexation will be held in the Council Chambers in the City Hall in the City of Fort Collins, Colorado, at the hour of 1:30 o'clock P.M. at a regular meeting of the Council to be held the 3rd day of December, A. D. 1964. That the landowners of the area proposed to be annexed may express their oppositioi to the annexation and secure an election by complying with the provisions of Colorado Re- vised Statutes, 1953, 139-11-4. Dated at Fort Collins, Colorado, this 22nd day of October, A. D. 1964. /s/ Miles F. House City Clerk" Passed and adopted at a regular meeting of the Council held this 22nd day of Oct- ober, A. ". 1964. 1.1 ST: leg F. House lerk sl Harvey G. Johnson Motion was made by Councilman Guyer, seconded by Councilman Colwell, that this esolution be adopted. Roll was called resulting as follows: Ayes: Councilmen Johnson, olwell, Guyen'and Councilwoman Quinn. Absent The President declared the motion adopted. Councilman McMillan, excused. Nayes: None The following petition was presented and read at length: PETITION AND APPLICATION FOR ANNEXATION STATE OF COLORADO) ) ss. COUNTY OF LARIMER) ITY COUNCIL OF THE CITY OF FORT COLLINS ORT COLLINS, COLORADO ENTLEMEN: WHEREAS, We the undersigned are the owners of more than 50% of the area and compri the majority of land owners residing in the area which is described as situate in .the County of Larimer, State of Colorado, to -wit: October 22, 1964 A tract of land situate in the E2 of Section 26, T. 7 N., R. 69 w. of the 6th P.M. which considering the North line of the E1 of said Section 26 as bearing North 89°30' West, and with all hearings contained herein relative thereto, is contained within the boundary lines more particularly described as follows: Beginning at the NE corner of said Section 26; thence N. 89030' W. 2,651.99 feet, along the North line of said East One-Half,.tot he NW corner of said East2; thence S. 00' 15' W. 410.00 feet, along the West line of said E1; thence �. 89°30' E. 1,755.50 feet to a point on the Westerly Right -of -Way line of the Colorado and Southern Railroad; thence N. O1016' E. 380.09 feet, along said Railroad Right -of -Way, to a point on the Southerly line of a County road Right-of-way; thence S. 89°30' E 770.43 feet, along said County road Right -of -Way, to a point on the Right-of-way line of US Highway 287; thence S. 44°34' E. 69.60 feet, along said Highway Right - of -Way line; thence S. 00°19' W. 354.12 feet, along said Hightway Right -of -Way line; thence S. 69°30' E. 70.00 feet to a point on the East line of the East One - Half of said Section 26; thence.N. 00°19' E. 433.28 feet, along the East line of the East One -Half of said Section 26, to the point of beginning. containing 17.82 acres, more or less. AND WHEREAS, said lands are contiguous with the City Limits of the City of Fort Collins, Colorado, and more than one -sixth of the aggregate external boundaries of said la 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 of the Colorado State Statutes and the Ordinances of the City of Fort Collins, 6 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 Meadow Lark Annexation tothe 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" Residence zone under the zoning Ordinance of the City of Fort Collins, Dated at Fort Collins, Colorado, this 22 day of October, 1964, A. D. Respectfully submitted: Deines Homes, Inc. /s/ By Maurice L. Deines, Pres. STATE OF COLORADO) ) ss. COUNTY OF LARIMER) foregoing instrument was acknowledged before met his 15th day of October, 1964 Deines Homes, Inc., by Maurice L. Deines, President. TATE OF COLORADO) ) ss. OUNTY OF LARIMER) My, commission 'expires; March 5; '1;967). /s/ Margaret A. Little Notary Public Motion was made by Councilwoman Quinn, seconded by Councilman buyer, that this amended petition be accepted and not referred again to the Planning and Zoning Board and referred to the City Attorney to prepare the necessary resolution and notice of hearing. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, Guyer and Councilwoman Quinn. Absent: Councilman McMillan, excused. 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 MEADOW LARK ANNEXATION TO THE CITY OF FORT COLLINS; SETTING THE DATE FOR HEARING ON AN ORDI- NANCE APPROVING THE ANNEXATION THEREOF; AND FIVING NOTICE THEREOF WHEREAS, heretofore on the 15th day of October, A. D. 1964, a written petition wash presented to the Council of the City of Fort Collins in substantial compliance with the pro- visions of Colorado Recised Statutes, 1953, 139-11-3, by the owners of more than fifty Der - cent (59%) of the area and who comprise the majority of landonwers residing in the area of the following described land, situate in the County of Larimer, State of Colorado, to -wit: A tract of land situate in the East One -Half of Section 26, Township 7 North, Range 69 West of the 6th P.M., which c'msidering the North line of the East one- hald of said Section 26 as bearing North 89°30' West, and with all bearings con- tained herein relative thereto, is contained within the boundary lines more par- ticularly described as follows: Beginning at the Northeast corner of said Section 26; thence N. 89030' W. 2,651.99 feet, along the North line of said E21 to the NW corner of said E2; thence S. 00°15' W. 410.00 feet; along the West line of said E2; thence S. 89030' E. 1,755.50 feet to a point on the Westerly Right - of -Way line of the Colorado and ^outhern Railroad; thence N. O1°16' E. 380.09 feet, along said Railroad Right -of -Way, to a point on the Southerly line of a County Road Right -of -Way; thence S. 89030' E. 770.43 feet, along said County road Right -of -Way, to a point on the Right -of -Way line of U.S. Highway "287; then ce 589 a October 22. 19611 S. 44034t E. 69.60 feet, along said Highway Right -of -Way line; thence S. 00019' W. 354.12 feet, along said Highway Right -of -Way line; thence S. 89030, E. 70.00 f to a point on the East line of the Ea of said Section 26; thence N. 00°19' E. 433.28 feet, along the East line of the East 2 of said Section 26; to the 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 the documents thereto attached meet the requirements of Section 139-11-3, Colorado Revised Statutes, 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 December 3, 1964, be and the same is hereby designated as �he date for the hearing on an ordinance approving the anne- xation of the above described territory andincluding the same within the limits and jurisdic tion of the City of Fort Collins, and to be 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 Collins Coloradoan, the official newspaper of the City, in the issues of such newspaper published October 27 and November 3, 10 and 17, 1964, and that such notice be: in words and figures as follows: "NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Notice is herewith given that a petition was presented on October 15, 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: I A tract of land situate in the E2 of Section 26, Township 7 North, Range 69 West of the 6th P.M., which consider ingthe North line of the E2 of said Section 26 as bearing North 89°301 West, and with all bearings contained herein relative thereb, is contained within the boundary lines more particularly described as follows: Beginning at the NE corner of said Section 26; thence N. 89030' W. 2,651.99 feet, along the North line of said E2, to the NW corner of said E2; thence S. 00°15' W. 410.00 feet, along the West line of said E2; thence S. 890301 E. 1,755.50 feet to a point on the Westerly Right -of -Way line of the Colorado and Southern Railroad; thence N. 01016, E. 380.09 feet, along said Railroad Right -of -Way, to a point on the Southerly line of a County road Right -of -Way; thence S. 890301 E. 770.43 feet,' along said County road Right -of -Way, to a point on the Right -of -Way line of U.S. Highway 287; t ence S. 44'341 E. 69.60 feet, along said Highway Right -of -Way lineal thence S. 00.1' W. 354.12 feet „ along said Highway Right -of -Way line; thence S. 890301 E. 70.00 feet to a point on he East line of the E2 of said Section 26; thence N. 00°19' E. 433.28 feet, along the East line of the.East 2 of said Section 26, to the 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 s igned by the owners of more than fifty per cent (50%) of the area and who comprise the majority of land owners residing in the area of said land. That said petition was accepted by the Council of the City of Fort Collins on October 22, 1964, and that hearing on an ordinance approving ss c annexation will be held in the Council Chambers in the City Hall in the City of Fort Collins! Colorado, at the hour of 1:30 o'clock P.M. at a regular meeting of the Council to be held the 3rd day of December, A. D. 1964. That the landowners of the area proposed to be annexed may express their oppositiot to the annexation and secure an election by complying w th the provisions of Colorado Revise( Statutes, 1953, 139-11-4- Dated at Fort Collins, Colorado, this 22nd day of October, A. D. 1964. /s/ Miles F. House City Clerk" Passed and adopted at a regular meeting of the Council held this 22nd day of Octo- r, A. D. 1964. /s/ Hary Mayor TTEST: s/ Miles F. House ity Clerk G. Johnson Motion was made by Councilman Colwell, seconded by Councilwoman Quinn, that this solution be adopted. Roll was called resulting as follows: Ayes: Councilmen Johnson, lwell, Guyer and Councilwoman Quinn. Absent: Councilman McMillan, excused. Nayes: None, he President declared the motion adopted. The following petition was presented and read at length: t PETITION AND APPLICATION FOR ANNEXATION 590 October 22 1964 STATE OF COLORADO) ) ss. 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 in the area which is d:scribed as situate in the County of Larimer, State of Colorado, to -wit: A tract of.land situate in the NWT of Section 15, Township 7 North, Range 69 West of the Sixth P.M., County of Larimer, State of Colorado, which considering the West line of said NW4 as bearing N. 00032' W. and with all bearings contained herein relative thereto is con- tained within the boundary lines which begin at a point which bears N. 30°32' W. 662.15 feet from the West 1. corner of said Section 15, said point being the Northwesterly most cor- ner of the South Taft Hill Second Annexation to the City of Fort Coll ns, Colorado, and run thence N. 00032' W. 231.92 feet; thence East 865.00 feet;thence S. 00032, E. 233.55 feet to a point on the Northerly line of the South Taft Hill First Annexation to the City of Fort Collins, Colorado; thence N. 89054'23" W. 865.00 feet along the Northerly line of said South Taft Hill First and Second Annexations to the point of beginning, containing 4.62 acres, more or less. AND WHEREAS, said lands are contiguous with the City Limits of the City of Fort Collins, Colorado, and more than one -sixth of the agrnregate 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 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 gpproved, that the territory embraced therein, to be known as the South Taft Hill Third 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" zone underthe zoning Ordinance ofthe City of Fort Collins. Dated at Fort Collins, Colorado, this 16th day of October, 1964, A. D. Respeetfully submitted: /s/ Alfred D. Thompson /sl Helen S. Thompson STATE OF COLORADO) ss. COUN"Y OF LARIMER) The foregoing instrument was acknowledged before me this 19th day of October By Alfred D. Thompson & Helen S. Thompson for the purposes therein set forth. commission expires November 8, 1967. /sl Judith R. Robinson Notary Public Motion was made by Councilman Guyer, seconded by Councilwoman Quinn, that this petition be referred to the Planning and Zoning Board for their recommendation. Roll was ,tilled resulting as follows: Aves: Councilmen Johnson, Colwell, Guyer and Councilwoman ),uinn. Absent: Councilman McMillan, excused. Nayes: None. The President declared the tion adopted. The following petition was presented and read at length: PETITION AND APPLICATION FOR ANNEXATION STATE OF COLORADO) ) ss. COUNTY OF LARIMER) ITY COUNCIL OF THE CITY OF FORT COLIINS ORT COLLINS, COLORADO GENTLEMEN: WHEREAS, the undersigned are the owners of all of the following described area s-tuate in the County of Larimer, State of Colorado, to -wit: A tract of land situate in the SEk of Section 16, Township 7 North, Range 69 West of the Sixth P.M., County of 'arimar, State of Colorado, which considering the East line of said S El as bearing N. 00°32' W. and with aL1 bearings contained herein relative thereto is contained withint he boundary lines which begin at a point which bears N. 89°43'30" W. 1311.96 feet and again N. 89°45' W. 448.67 feet from the NE corner of said SE41 said point being the Northerly most cornre of the Alvin L. Miller First Foothills Annexation tot he City of Fort Collins, Colorado, and run thence N. 89°45' W. 590.00 feet; thence S. 00°15' W. 1130.00 feet; thence 0 591 October 22, 1964 S. 89045' E. 35.00 feet; thence S. 00°15' W. 120.00 feet; thence S. 17031' E. 71.8 feet; thence S. 89°41' E. 615.09 feet to the Southerly most corner of the West line of the Alvin L. Miller First Foothills Annexation; thence N. 00°15' E. 69.11 feet along said Westerly line; thence N. 89045' W. 210.00 feet along the Southerly line of the Alvin L. Miller First Foothills Annexation; thence N. 00°15' E. 120.00 feet along said Westerly line; thence N. 89°45' W. 20.00 feet along said Southerly line; thence N. 00015' E. 600.00 feet along said Westerly line; thence S. 89045' E 13.00 feet; thence N. 00015' E. 270.00 feet; thence S. 89°45' E. 135.00 feet; thence N. 00°15' E. 260.00 feet tot he point of beginning; containing 14.5942 acres moreor less. AND WHEREAS, said lands are contiguous with the City Limits of the City of Fort Collins, Colorado, and mor e 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 of the Colorado State Statutes and the ordinances of the City of Fort Collins, 6,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 Alvin L. Miller Second Foothills 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 all of said lands be included in the "A" Residence District under the zoning Ordinance of the Citv'of Fort Collins, EXCEPT the following described portion of the above described total tract, to -wit: Begin at the Southeasterly most corner of the above described total tract and run thence N. 00°15' E.. 69.11 feet; thence N. 89045" W. 210.00 feet; thence N. 00°15' E.120.00 feet; thence N. 89°451W. 427.00 feet; thence S. 00°1�' W. 120.00 feet; thence S. 17031' E. 71.82 feet; thence S. 89°41' E. 615.09 feet to the point of beginning, containing 2.1642 acres more or less; which it is requested be made part of the City of Fort Collins, Colorado, zoned "B" Resident, and EXCEPT the following described portion of the above described total tract, to -wit: Begin at the Northeasterly most corner of the above described tract and'run thence N. 89045' W. 420.00 feet; thence S. 00015' W. 260.00 feet; thence S. 89°45' E. 420.00 feet; thence N. 00°15' E. 260.00 feet to the point of beginning, containing 2.5069 acres more or less; which it is requested be made omrt of the City of Fort Collins, Colorado, zoned "C" Resident Dated at Fort Collins, Colorado, this 19th day of October, 1964. sl GeDrRe Varra ELLIOTT-MILLER CONSTRUCTION CO., /s/ By Alvin L. Miller - President TATE OF COLORADO) ) ss. OUNTY OF LARIMER) The foregoing instrument was acknowledged before me this 19t1a day of October, 1964 :)y George Varra and by Alvin L. Miller, President of Elliott -Miller Construction Co., Inc., Por the purposes therein set forth. (SEAL) My commission expires August 5, 1967. s/ Barbara Herro Notary Public Motion was made by Councilman Guyer, seconded by Councilwoman Quinn, that this referred to t he Planning and Zoning Board for their recommendation. Roll was called re- ulting as follows: Ayes: Councilmen Johnson, Colwell, Guyer and Councilwoman Quinn. bsent: Councilman McMillan, excused. Nayes: None. The President declared the motion adopt ed. The following petition was presented and read at length: PETITION AND APPLICATION FOR ANNEXATION )TATE OF COLORADO) ss. 70UNTY OF LARIMER) ITY COUNCIL OF THE CITY OF FORT COLLINS ORT COLLINS, COLORADO 7NTLEMEN: '.1,EEREAS, We the undersigned are the owners of more than 50% of the area and compri he majority of land owners residing in the area which is described as situate in the County f Larimer, State of Colorado, to -wit: 592 October 22, 1964 Commending; at the Northeast corner of Tract 1 of East Acres, a subdivision of the NET of NET of Section 24, Township 7 North, Range 69 West of the 6t1a P.M., thence South 223 feet, thence West.129 feet, thence North 223 feet, thence East 129 feet to the point of beginning, containing .66 acres, more or less. AND WHEREAS, said lands are contiguous with the City Limits of the City of Fort Collins, Colorado, and.more than one -sixth of the aggregate external boundries of said 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, 6 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 East Acres Second 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 "C" zone under the zoning Ordinance of the City of Fort Collins. Dated at Fort Collins, Colorado, this 30t1n. day of September, 1964, A. D. Respectfully submitted: /s/ Floyd J. Holsinger Cleo L. Holsinger STATE OF COLORADO) ) as. COUNTY OF LARIMER) The foregoing instrument was acknowledged before me this 30th day of September By Floyd J. Holsinger and Cleo L. Holsinger. for the ourposes therein set forth. My commission expires April 9, 1967. /sl Robert H. Busch Notary Public Motion was made by Councilman Guyer, seconded by Councilwoman Quinn, that this be referred to the Planning and Zoning Board for their recommendation. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, Guyer and Councilwore n Quinn. Absent: Councilman McMillan, excused. Nayes: None. The President declared the motion adopted. The following petition was presented and read at length: pTi'm TmT(1N TO: The Counci 1 of the City of Fort Collins Fort Collins, Colorado COME NOW Donald D. brown, the owner and occupant of property at 1419 South College) Avenue, Fort Collins, Colorado; H. R. Hale, the owner of property at 1413 South College Avenue, Fort Collins, Colorado; Mrs. W. B. Vansant, the owner and occupant of property at 119 West Lake Street, Fort Collins, Colorado; and Mr. C. H. Alford, the owner and occupant of property at 1417 South College Avenue, Fort Collins, Colorado, individually and on behalf of all of the other owners and occupants of such properties, and respectfully petition the Council of the City of.Fort Collins, Colorado, as follows: 1. That Petitioners are the Owners of property immediately contiguous with or in the same city block with property of Fort Collins Realty, Inc. at 1415 South College Avenue, Fort Collins, Colorado, which property consists of the South 4 feet of Lot 3 and all of Lot 4 except the South 4 feet thereof, in Block 1, G. F. WIARD'S ADDITION TO THE CITY OF FORT COLLINS,COLORADO. That subject property is held in the name of Dorothy M. Brack who is also acting broker for Fort Collins Realty, Inc., a licensed real estate bokerage. That the bus- iness ad'd�ess of the said Fort Collins Realty, Inc. is 1415 South College Avenue, Fort Collin Coloradok and that at such address said corporation carries on business as a real estate brot evage. 2. That such property is located in an "A" residential district as defined in Sec tions 19-1 to 19-16 of the Code of Ordinances of the City of Fort Collins, Colorado. 3. That the use of such property as a real estate office constitutes a violation such ordinances and that therefore, the said Dorothy M. Brack and Fort Collins Realty, Inc. are in direct violation of the Zoning Laws of the City of Fort Collins, Colorado. 4. That, on September 21, 1964, the Petitioners made demand upon Mfg. Ken Christense Building Inspector, City of Fort Collins, Colorado to enforce the provisions of Sections 19- 1 to 19-16 of the Code of Ordinances of the Citv of Fort Collins, insofar as they affect the property of the said Fort Collins Realty, Inc. and the use thereof at 1415 South College Avenue, Fort Collins, Colorado. 5. That the said Building Inspector has failed and refused and does continue to ail and refuse to enforce such provisions of the Ordinances of the City of Fort Collins, no unless otherwise directed by the Council, will continue so to refuse. , 6. That the use of this property by Fort Collins Realty, Inc, does not constitde a use customarily incidental to the use of pfr.�perty as a ore family dwelling and in as much 593 October 22, 1961} as the business in question is being operated by a corporation rather than by indivisuals, it is clear that the business in question cannot be carried on at this address. It is furt er.apparent that the conduct of any re91 estate business in Class "An redidential zone is not permitted by the Zoning Ordinances of the City of Fort Collins even if carried on in the name of the owners of such building. An inspection of the premises in question further discloses that there are numerous signs on this property as a real estate office and that the total of these signs exceeds one square foot in area in direct violation of the provisio of Section 19-9 of the Code of Ordinances of the City of Fort Collins, It is further appare that the owners or occupants of this building have recently completed an addition to such building by a bui_l.ding permit issued by the Building Inspector of the City of Fort Collins which provided for the construction of a bedroom and in fact such room has at all times sinc its construction been used as an office and not as a bedroom,and it is apparent fromt he con duct of the occupants of such property that they have no intentions to use such construction as a bedroom but rather have intended at all times to use this as an office. NOW, THEREFORE, the Petitioners demand that the Council of the City of Fort Collins, Colorado by appropriate resolution, ordinance or other action, direct the Building Inspector1l of the City of Fort Collins to take appropriate action to eGforce the provision of the Zoning Laws of the City of Fort Collins insofar as they apply to or limit the use of the property it herein described. /s/ Donald D. Brown H. R. Hale Mrs. W. B. Vansant C. H. Alford STATE OF COLORADO) ) ss. County of Larimer) The foregoing Petition was subscribed and sworn to before me by Mr. Donald D. Brown, Mr. H. R. Hale, Mrs. W. B. Vansant and.Mr. C. H. Alford this 16th day of October, 1964- (SEAL) Witness my hand and notarial seal. My commission expires November 23, 1966. R. Bennett ary Public Mr. McComb, Attorney, was present representing the petitioners and he requested action by the Council on total use. The City Attorney advised the Council that the petition' should have been referred to the Zoning Board of Appeals and suggested that the Council re- fer same to them. Motion was made by Councilman Guyer, seconded by Councilwoman Quinn, that the petition be referred to the Zoning Board of Appeals for their consideration. Roll WBS called resulting as follows: Ayes: Councilmen Johnson, Colwell, Guyer and Councilwoman i Quinn. Absent: Councilman McMillan, excused. 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 THE TERMS OF AN AGREEMENT TO BE ENTERED INTO WITH SEB, INC. AND THE WOOD"WARD GOVERNOR COMPANY PERTAINING TO INSTALLATION OF A SEWER LINE WHEREAS, Seb, Inc. and Woodward Governor Company are subdividing or developing twol tracts of land located in the SW' of Section 19, Township 7 North, Range 68 West of the 6th P.M., and the SE11; of the SEA of Section 24, Township 7 North, Range 69 West of the 6.th P.M., and WHEREAS, a portion of said lands will be annexed to the City of Fort Collins and will require a sewer line to connect to the sewer facilities of the City of Fort Collins, a WHEREAS, an agreeve nt has been prepared providing for the sharing of the cost of t installation of said sewer line and further providing for the reimbursement tot he developer for their cost for installing said sewer line, and WHEREAS, said agreement has been approved by the acting City Manager and the City Attorney and it is the opinion of the City Council that it will be for the best interests of the City of Fort Collins to enter into said agreement with Seb, Inc. And Woodward Governor Company. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF HE CITY OF FORT COLLINS that t hei terms of said proposed agreement be and the same are hereby approved. BE IT FURTHER RESOLVED that the Mayor and City Clerk b e and they are hereby auth- orized 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 22nd day of October, A.D. 1964. s/ Harvey G. Johns Mayor 594 October 22, 1964 ATTEST City Cl The City Attorney advised the Council that he had re -written a Portion of the agreement specifying what funds were to be refunded to the developers when connections were made to the sewer line. He advised the Council'that he had given this to Mr. Allen, the Attorney, for approval of the parties concerned. He suggested that the Council passtthe resolution subject to the acceptance to changes in the agreement as prepared by the City Attorney. Motion was madeby Councilman Guyer, seconded by Councilman Colwell, that the Resolution be adopted subject to the acceptance of the changes as prepared by the City Attorney. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, Guyer and Councilwoman Quinn. Absent: Councilman :McMillan, excused. Nayes: None. The Presi- dent declared the motion adopted. The City Attorney reported on the petition of Robert Aronson for an outside water tap and in the report he advised the Council that Mr. Aronson had not been able, at the present time, to offer any water to the City. He was advised that under their policy that a variation could be made and the tap granted if he so wished. After considerable discus- sion on the matter, Councilman Colwell made a motion that the application be approved. After further discussion and there being no second, the motion was lost. The discussion centered on the possibility of t he Council to request sale to the City of some water to covert he wate "eing delivered to the applicant. Mayor Johnson was very vehement in his statement that we should not make exceptions even in small taps. They advised Mr. Aronsan,o get in touch !with either the water commission in reference to possibly buying some Pleasant Valley or possibly buying one acre unit of Horsetooth water. A?embers of the Downtown Merchants Association were present and re -stated their request for hooding of the meters. There seemed to be some mistake of the interpretation of the statements made bythe Council at the meeting of October 8, 1964, in which the Coun- cil advised them to get the employers and employees cars off of the downtown streets in order to see what relief this would give in the parking facilities. They stated that they hac not made any effort to remove the cars at the present time but they were attempting to get:_ the City to mark parking spaces st;the Poudre Valley Bank lot. After considerable discus- sion, recess was declared and a r.eoresentative of the association met with the Council and the City Attorney in closed meeting. Upon returning to the Cournil Chambers, the Mayor announced that the meters would be hooded for 30 day period starting November 5, 1964. The Mavor'said that the Council had arrived at a decision and asked the members what was their plesure. Motion was made by Councilman Colwell, seconded by Councilman Guyer, that the park. ing meters be hooded for a 30 day period starting November 5, 1964. Roll was called result- ing as follows: Ayes: Councilmen Johnson, Colwell, Guyer and Councilwoman Quinn. Absent: Councilman McMillan, excused. Nayes: None. The President declared the motion adopted. The City Clerk advised the Council that he had not received any outside bids on the bonds of Consolidated Improvement District No. 58 and Consolidated Improvement Lighting District No. 1. The City Clerk as Director of Finance presented a bid of par for these bonds for the Firemen and Policemen Pension Fund of the City. Acting Manager Lynch advised the Council that the bids were open for the accountinj machine to use in the change to machine accounting. One bid being received from the Nationa: Cash Register Company in the amount of $10,110.00 for a Alpha Numeric Accounting Machine. Motion was made by Councilwoman Quinn, seconded by Councilman Guyer, that the bid of the National Cash Register Company be accented. Roll was called resulting as follows: Ayes: 595 ouncilmen Johnson, Colwell, Guyer and Councilwoman Quinn. Absent: Councilman McMillan xcused. Nayes: None. The President declared the motion adopted. The matter of the request of Mayne K. Schrader for permit to construct a service tation at 1015 South Shields Street was again brought up for their consideration. Council - an Guyer wished to know what the fire code might have in relation to the filling station nd requested Mr. Schrader to get further information. Motion was made by Councilman Guyer, econded by Councilman Colwell, that the matter be deferred to November 5, 1964, Roll was alled resulting as follows: Ayes: Councilmen Johnson, Colwell, Guyer and Councilwoman inn. Absent: Councilman McMillan, excused. Nayes: None. The President declared the tion adopted. The City Attorney advised the Council that Mr. C. H. Miller's request for an exte ion of the existing water tap at his place on nest Prospect was off of the Ed Johnson line hick was in very poor state at t he present time. Inasmuch as Mr. Miller can annex, it was uggested that he be notified that if he wished the tap, he should start annexation proceed=- ngs. After further discussion, it was suggested that the matter be tabled until it could e determined if other proptery in this neighborhood would consider annexation, as practi- ally all of the property contiguous to Mr. Miller, are on the Ed Johnson water line, the ondition of which is very poor. Motion -was made by C5uhcilman.Gayer,:sec9nded by Council- oman Quinn, that this matter be tabled indefinitely. Roll was called resulting asfollows: ouncilmen Johnson, Colwell, Guyer and Councilwoman Quinn. Absent: Councilman McMillan, xcused.. Nayes: None. The President declared the motion adopted. The Planning Director presented a final subdivision plat of the Kessler Subdivisiot hick has been revised considerably since it was presented last Spring. Mr. Kessler has lso furnished the Engineering department the utility plat which has been approved by the irector of Public Works. The matter of the Spring Creek Channel has been settled and is ncluded on the utility plat. Inasmuch as the subdivision plat has been delayed for so long t ime, Mr. Alley had requested the Council to approve this final plat without returning ame totthe Planning and Zoning Board as they had approved the original plat when presented. otion was made by Councilwoman Quinn, seconded by Councilman Johnson, that this subdivision lat be approved, and accepted. Roll was called resulting as follows: Ayes: Councilmen ohnson, Colwell, Guyer and Councilwoman Quinn. Absent: Councilman McMillan,. excused. ayes: None. The President, declared the motion adopted. Motion was made by Councilwoman Quinn, seconded by Councilman Johnson, that the ouncil adjourn. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, uyer and Councilwoman Quinn. Absent: Councilman McMillan, excused. Nayes: None. The residdnt declared the motion adopted and the Council adjourned. _ ,1 TTEST: