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HomeMy WebLinkAboutMINUTES-11/05/1964-Regular596 November 5, 1464 MINUTES OF A REGULAR MEETING OF THE COUNCIL OF THE CITY OF FORT COLLINS, Held Thursday, November 5, 1964, at 1:30 o'clock P.M. Present: Councilmen Johnson, McMillan, Guyer and Councilwoman Quinn. Acting City Manager Lynch, City Attorney March and Acting City Engineer Case. Absent: Councilman Colwell, excused. Motion was made by Councilwoman Quinn, seconded by Councilman Guyer, that the reading of the minutes of the last regular meeting held October 22, 1964, be dispensed with Roll was called resulting as follows: Ayes: Councilmen Johnson, McMillan, Guyer and Councilwoman Quinn. Absent: Councilman Colwell, excused. Nayes: None. The President declared the motion adopted. The application of C. J. Streit dba Pizza Roma, 746 North College Avenue, to the State of Colorado, for renewal of 3.2% beer license, was presented. Motion was made by Councilman McMillan, seconded by Councilwoman Quinn, that the Mayor and City Clerk be auth- orized to execute the approval of the licensing authority. Roll was called resulting as follows: Ayes: Councilmen Johnson, McMillan, Guyer and Councilwoman Quinn. Absent: Councilman Colwell, excused. Nayes: None. The President declared the motion adopted. The application of C. J. Streit dba Pizza Roma, 746 North College Avenue, to the City, for a renewal of a non -intoxicating malt liquor license, accompanied by the required license fee, was presented. Motion was•made by Councilman McMillan, seconded by Council- man Guyer, that the license be granted subject tot he issuance of the State license. Roll was called resulting as follows: Ayes: Councilmen Johnson, McMillan, Guyer and Council- woman Quinn. Absent: Councilman Colwell, excused. Nayes: None. The President declared the motion adopted. This being the date for the presentation and hearing of the request of Paul E. Haumont and Norman W. Wilkins, Jr., to the State of Colorado for 3.2% beer license for the Red Garter at 117 Linden Street, Fort Collins, Colorado, to take the place of the license now in effect. which Jerry McCoy who has given an option to the above petitioners to pur- chase the business. Mayor Johnson asked if there were any one present that had anything to say re- garding the approval of this application. Mr. Ralph Hardin, representing Mr. McCoy, explained the request of the applicant for this beer license. Mr. William Smoke took the stand and objected as to the posting date on the hearing on the sigh posting at the Red Garter in reference to the hearing. The applicant failed to amend the date on the posted sign after being advised that the Council would not be in'session on October'29, 1964, and that the hearing date should be changed to November 5, 1964. Mr. Hardin argued that the law would not require a hearing for transfer of license in the same location underthe statutes of 1935 but did require a hearing where a new location for said license was applied for. Several points of the law was debated by the two Attorneys. Mr. Smoke called Mr. Paul Hutchinson, owner of the adjacent building, to the stand and Mr. Hutchinson objected to the issuance of this license. He was advised by Mr. Hardin that even though the Council denied the application for this license, the tavern would continue to operate under the not license of Mr. McCoy and would/be eliminated as Mr. Hutchinson wished in stating his object- ions. Mr. Smoke requested a recess in the hearing and at the resuming of the hearing, Mr. Smoke presented several petitions objecting to the approval of this license in the neigh- borhood of the tavern. Mr. Ed Bowling of the Valley Furniture Company, was present and Mt. Smoke called him to the stand and he stated that the operation of the Red Garter in the 597 November 1 100 Block of Linden depreciated his building. Mr. Hardin called to his attention that he had purchased that building within the last few years and that the operation of a beer tavery in that location of 117 Linden Street had been in effect forthe last 20 years and he purchased the building with the knoledge of same and in effect paid a considerable less money for said building than he would have otherwise. Mr. Smoke presented Mrs. Neva Anderson, Manager of the rooming apartments at 125 Linden Street who stated that the opera- tion of the Red Garter with a dance band playing and the noise from the inhabitants of the tauern along with the nobe emitted from this dance band constitutes a loud and racous noise disturbing the peace and quite and making it impossible to sleep in the rooms she is rent- ing. After further discussion between the Attorney's, the City Council recessed in Execu- tive session with the Attorney's and the two objectors, for discussion of the matter. Upon resuming their places in the Council Chambers, the Mayor advised those present that the Council had arrived at a decision. Motion was made by Councilwoman Quinn, seconded by Councilman Guyer, that the application be approved. Roll was called resulting as follows: Ayes: Councilmen Johnson, McMillan, Guyer and Councilwoman Quinn. Absent: Councilman Colwell, excused. Nayes: None. The President declared the motion adopted. Motion was made by Councilman Guyer, seconded by Councilwoman Quinn, that the State license be approved and the Mayor and City Clerk be authorized to executet he approva of the licensing authority. Roll was called resulting as follows: Ayes: Councilmen John- son, McMillan, Guyer and Councilwoman Quinn. Absent: Councilman Colwell, excused. Nayes: None. The President declared the motion adopted. Motion was made by Councilman Guyer, seconded by Councilwoman Quinn, that the Cit license be granted subject to the issuance of the State License. Roll was called resulting as follows: Ayes: Councilmen Johnson, McMillan; Guyer and Councilwoman Quinn. Absent: Councilman Colwell, excused. Nayes: None. The President declared the motion adopted. The report of the Planning Director on the request of C. H. Miller for an exten- sion of his water tap was presented. Inasmuch as Mr. Miller had left the Council room and was not present to make a statement in reference to Mr. Allen's report, motion was made by Councilman McMillan, seconded by Councilwoman -Quinn, that the matter be denied. After a short time Mr. Milner appeared and was questioned regarding the matter. The City Attorney advised the Council that this was only a matter of changing one tap from one house to anoth house on the same property. Mr. Miller told the Council that he was willing to signing an to agreement and suggested/the Planning Director that he would be willing to annex within two years or any time that his neighbors applied for same. Motion was made by Councilman Guyer, seconded by Councilman McMillan, that the application of Mr. Miller for transfer of the water tap be granted under the terms of a former agreement as suggested and that the matter be referred tothe City Attorney to prepare the necessary resolution and agreement. Roll was called resulting as follows: Ayes: Councilmen McMillan and Guyer. Absent: Councilman Colwell, excused. Nayes: Councilman Johnson and Councilwoman Quinn. The Mayor declared the motion lost. y" Mr. Miller was advised that he could petition at another time when a full Council was present if he so wished. The following report was presented and read at length: November 3, 1964 To: The Honorable Mayor and City Council City of Fort Collins, Colorado From: Harold D. Lynch Acting City'Manager 598 November 5, 196 Subject: Request of Wayne Schrader for a.service station at 1015 S. Shields. At the last meeting of the City Council the above request was referred to this office for study and report. Following is a summary of the data gathered. The Mountain States Inspection Bureau has been contacted. The opinion of Mr. Don Mess, Engineer with the bureau, is that so long as the tanks are underground, the fire hazard of the stored gasoline is minimized. Since all service stations constructed in resi- dential or commercial districts must have underground tanks, the safety hazard is very small or non-existent. The inspection bureau believes that a distance restriction from places of public assembly is not necessary. However, if the City feels that it is necessary, Mr. Mee' opinion is that a minimal distance (50 to 100) feet is fully adequate. The Colorado Municipal League was contacted for information on this problem. The League furnished a report from the American Society of Planning Officials on Gasoline Sta- tion Location and Design. The report recognized the safety hazard of gasoline but included that the basic method for controlling this avast hrought he building code. The report also recognized the need to con rol station location. It concluded that this was primarily a zoning problem. Service stations were considered generally compatible in planned commercial areas but not in areas spot zoned commercial in residential neighborhoods. Fort Collins has several smal commercially zoned tracts in areas predominantly residential. A small sampling of other communities in this area was taken. Gre3ley, Denver, Aurora, and Loveland do not have distance restrictions. Boulder has a distance restriction (200 ft) in its zoning ordinance. The report cited in the paragraph above noted that severe cities do not have distance restrictions similar to those in Fort Collins and Boulder. Colorado State University has been contacted concerning their plans for using the area across Shields Street from the proposed service station. Plans call for using.this area as an intramural athletic field. A lettee and map to this effect are on file in the City Managers office.. The City Attorney has been consulted and his opinion is that if the Council wis to grant Mr. Schraders request, there are three possible alternatives: Repeal the entire ordinance, repeal the distance restriction in the ordinance, or decrease the distance re- quirements. Respectfully submitted, /s/ Harold D. Lynch Acting City Manager The City Attorney. advosed the Council as to the section of the emergency ordinance which prohibits them from granting a filling station.permit at this location. After dis- cussion of this report and the City Attorney's explanation, motion was made by Councilman McMillan, seconded by Councilman Guyer, that this matter be referred tot he City Attorney to prepare an ordinance deleting Section E from the amended ordinance No. 46, 1962. Roll was called resulting as follows: Ayes: Councilman Johnson, McMillan and Guyer. Absent: Councilman C.olwell,_excused. Nayes:, Councilwoman Quinn. The President declared the mot adopted. Mr. Robert Sears represent&hg the University Plaza Manager's Association with Mr. Bill Tiley and Elton Collins, Directors, appeared before the.Council and requested a slower speed limit past the Center and requested stop lights at .two intersections. He stated that with the heavy traffic on,South College Avenue, that at times, even though the Center has completely opened, that it was next to impossible for cars to leave the Plaza parking lot and cross the South bound traffic in order to return north toward the City. They were advised that a study is now being made for the entire South College traffic situ- ation and that this request would be taken under consideration in this study. He did ask if it would be possible to have some officers at the intersection during the four day grand opening of the Plaza and he was advised that the matter would be taken under consideration. ofa The City Attorney reported that he had received 1/60th/dhare of Pleasant Valley and Lake Canal water from Mr. Robert Aronson in support of his application for a water tap. The following resolution was presented and read at length: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FORT COLLINS APPROVING AN AGREEMENT WITH ROBERT ARONSON PERMITTING USE OF WATER OUTSIDE THE CITY LIMITS G WHEREAS, an application was heretofore made to the City Council for permission to tap the water mains of the water system of the City of Fort Collins by Robert Aronson, and 599 WHEREASunder the provisions of Section 21-27 of the Code of Ordinances of the City of Fort Collins, Colorado, 1958, as amended, no additional taps for new consimers out - aid e the City limits of the City of Fort Collins shall be permitted, except eat he City Council expressly provides for by resolution, and WHEREAS, the City Council has approved said application subject to the entering into by said applicant of an agreement in connection with the granting of the application, and WHEREAS, the City Attorney has prepared an agreement in accordance with the policy heretofore adopted by the City Council. 11 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the application of the above mentioned party be and it is hereby approved. BE IT FURTHER RESOLVED that the terms of the agreement pertaining thereto be and they are hereby 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 5th day of November, A. D. 1964. ATTEST: /s/ Miles F. House City Clerk Motion was made by Councilwoman Quinn, seconded by Councilman Guyer, that this resolution be adopted. Roll was called resulting as follows: Ayes: Councilmen Johnson, McMillan, Guyer and Councilwoman Quinn, Absent: Councilman Colwell, excused. Nayes: None. The President declared the motion adopted. Motion was made by Councilman Johnson, seconded by Councilman McMillan, that the City Attorney be authorized to purchase 1/80th of a shareof Pleasant Valley and Lake Canal water from Robert Aronson. Roll was called resulting as follows: Ayes: Councilmen Johnsot McMillan, Guyer and Councilwoman Quinn, Absent: Councilman Colwell, excused. Nyes: None. The President declared the motion adopted. The following report was presented and read at length: November 3, 1964 To Members of the City Council: At the meeting of the Fort Collins Water Board held November 2, 1964, the Board recommends disapproval of the water tap applied for by 'Ernst F. Langhoff and Truman I. Means, unless the West Fort Collins Water District gives their consent in writing. John Bartel Secretary of t he Water Board The following communication was presented and read at length: October 21, 1964 1 City of Fort Collins Fort Collins, Colo. Gentlemen: It has come to our attention that Mr. Truman Means, Veterinarian, has applied for a water tap from the City of Fort Collins. We would like to call your attention to the fact that we have a signed agreement with the City of Ft. Collins that no taps be granted to property owners within said boundry of West Ft. Coll.inw Water District as shown on attached map which is part of after mentioned agree- ment. We have water taps available for Mr. Means, witha a pipe line already laid adjoining his property lines. Your immediate attention on this matter will be greatly appreciated, and should you have any questions on the above mentioned matter, please don't hesitate to call your office. We remain, Yours very truly, West Ft. Collins Water District Il /s/ Marland DeGroot, Director 600 w November 55, 1964 After discussion, motion was made by Councilman Guyer, seconded by Councilman Johnsoh, that this application for a water tap be denied. Roll was called resulting as follows: Ayes: Councilmen Johnson, McMillan, Guyer and Councilwoman Quinn. Absent: Councilman Colwell, 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 ENT* ERED INTO WITH THE CITY AND HERBERT CROMER AND TESSIE V. CROMER WHEREAS, the Council of the City of Fort Collins desires to extend Remington Street through the Maynard Subdivision to Stuart Street in the City of Fort Collins, and WHEREAS, in order to extend Remington Street it is necessary to purchase a portion of some property owned by Herbert Cromer and Tessie V. Cromer, and WHEREAS, the said Herbert Cromer and Tessie V. Cromer have offered to convey said property to the City provided that the City take over and pay for the'water'and sewer asse ments and main construction costs for the remainder of the property owned by them which is contiguous to the property'to be acquired, and Whereas, the City desires to accept said offer and an agreement has been prepared by the City Attorney providing for the same. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the terms of said agreement be and they hereby are approved. BE IT FURTHER RESOLVED that the Mayor and City Clerk be and they hereby are auth- orized and directed to execute said agreement for and on behalf of the City of Fort Collin Passed and adopted at a regular meeting of the City Council held this 5th day of November, A. D. 1964. /s/ Harvey 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, McMillan, Guyerand Councilwoman Quinn. Absent: Councilman Colwell, excused. Nayes: None. The President declared the motion adopted. This being the date of the hearing on a portion of Lot 6, Maynard Addition, to be rezoned from "B" to "C; The City Clerk advised the Council that no written protests'had been filed. The following ordinance was presented on first reading: ORDINANANCE NO. 41, 1964 AMENDING CHAPTER 19, CODE OF ORDINANCES OF THE CITY OF'FORT COLLINS, COLORADO, 19580 AS AMENDED, C014MONLY KNOWN AS THE ZONING ORDINANCE, CHANGING A PORTION OF LOT 60 MAYNARD ADD- ITION TO THE CITY OF FORT COLLINS, COLORADO, FROM A "B" RESIDENTIAL DISTRICT TO A "C" RESI- DENTIAL DISTRICT Motion was made by Councilman Guyer, seconded by Councilwoman Quinn, that Ordi- nance No. 41, 1964, be considered favorably on first reading and ordered published this 5th day of November, A. D. 1964, and to be presented for final passage on the 25th day of November, A. D. 1964. Roll was called resulting as follows: Ayes: Councilmen Johnson, Absent: Councilman Colwell, excused. McMillan, Guyer and Councilwoman Quinn. /Nayes: None. The President declared the motion adopted. The following report was presented and read at length: November 4, 1964 To:' The Fort Collins City Council From: The Planning and Zoning Board Subject: #76-64 The Alvin L. Miller Second Foothills Annexation At their regular meeting, held November 3, 1964, the Planning and Zoning Board discussed this request'and by unanimous vote recommended the annexatio6 and zoning as requested. As a condition of annexation, the customary "first chance to purchase" agreement on water rights should be completed. As a condition of annexation, the customary "First change to purchase" agreement on water rights should be completed. No residents of the vicinity appeared to discuss zoning as proposed. Respectfully submitted, FORT COLLINS PLANNING AND ZONING BOARD /s/ By: Gene Allen Secretary Motion was made by Councilman McMillan, seconded by Councilman Guyer, that the recommendation of the Planning and Zoning Board be accepted and the petition be referred to the City Attorney to prepare -the necessary resolution and notice of hearing. Roll was call ed resulting as follows: Ayes: Councilmen Johnson, McMillan,.Guyer and Councilwoman Quinn. Absent: Councilman Colwell, excused. Nayes: None. The President declared the motion adopted. The following report was presented and read at length: November 4, 1964 To: The Fort Collins City Council From: The Planning and Zoning Board Subject: #63-64 The South Taft Hill Third Annexation This petition for annexation was considered by the Planning and Zoning Board on November 3, 1964, at the regular meeting. It is the recommendation of the Board to annex this tract with "A" Residential zoning, as requested. Annadditional ten feet for right-of-way on Taft Hill Road is needed and if water rights exist with this property, the regular agreement, giving the City first chance to purchase, should be completed before final action by Council. Respectfully submitted, FORT COLLINS PLANNING AND ZONING BOARD /s/ By: Gene Allen Secretary Motion was made by Councilman Guyer, seconded by Councilman McMillan, that the recommendation of the Planning and Zoning Board be accepted and he petition be referred to the City Attorney fort he necessary resolution and notice of hearing. Roll was called re- sulting as follows: Ayes: Councilmen Johnson, McMillan, Guyer and Councilwoman Quinn. Absent: Councilman Colwell, excused. Nayes: None. The President declared the motion adopted. The Planning Director requested the Council to authorize the issuance of a build- ing permit to be held in escrow to Alfred D. and Helen Thompson, petitioners of the South City Taft Hill Third Annexation, in order that they might have the benefit of the/building inspection on their residence which has been started on this property. Motion was made by Councilwoman Quinn, seconded by Councilman Guyer, that the Building Inspector be authorized to issue a building permit to Alfred D. and Helen Thompson to be held in escrow until annex ation has been completed. Roll was called resulting as follows: Ayes: Councilmen Joh.nso McMillan, Guyer and Councilwoman Quinn. Absent: Councilman Colwell, excused. Nayes: None. The President declared the motion adopted. The following Petition was presented and read at]ength: PETITION AND APPLICATION FOR ANNEXATION 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 all of the area and comprise all the land owners residing in the area which is described as situate in the County of Larimer State of Colorado, to -wit: I November 5, 1961 I , Part of the NW4 of the SE4 h of Section 15, Township 7 North, Range 69 West of t he 6t Principal Meridian in the County of Larimer, State of Colorado, being further described as follows: Considering the North line of the SE4 of said Section 15 as bearing South 89°54"28"..East and with all other bearings contained herein relative thereto, and with all subdivisions referenced herein being those platted and recorded in the records of Larimer County, Colorado; commencing at the NW corner of the SE' 4 of said Section 15, thence South 89°54"28"` East along the North line of the SE4 of said Section 15 a dis- tance of 274.08 feet to the NE Corner of the Ninth Fairview Subdivision, and t he True Point of Beginning; thence continuing South 89054"2811 East along said North line of the SE4` of said Section 15 a distance of 1058.4.1 feet to the NE Corner of the NW4 of the SE-1 of said Section 15; thence South 02102"59" East along the East line of the NWT of the SEIL of said Section 15 a distance of 833.27 feet; thence North 90'00100" East, 8.59 feet to the NW` Corner of Lot 1, Western Heights Subdivision; thence South 00°00100" West 230.00 feet along the West line of Western Heights Subdivision; thence North 90'00100" West 239.39 feet; thence North 02°12100" East 71.07 feet; thence North 10°30100" West 100.00 feet to the NE Corner of Lot 8, Block 7, Fairview Second Filing; thence North; 53030141" West 86.u..7 feet; thence South 60045100" West 361.26 feet; thence North 80000" " West 44.00 feet to the NW Corner of Lot 11, Block 7, Rairview Second Filing; thence North 52010100" West 288.00 feet; thence North 21°30140" West 182.24 feet; thence North 04°51140" West 430.59 feet; thence North 06003"10" West 120.06 feet to t he True Point of Beginning; containing 21.30 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 lands coin- cide 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 are herewith submitted. NOW, THEREFORE, it is respectfully petitioned that said ;lat comprising the above described lands, be accepted and approved, thatthe.territory embraced therein, to be known as the Sixth Fairview 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 inthe "C'" Residential zone under t he zoning Ordinance of the City of Fort Collins, except for the following described property, to -wit: Commencing at the NE Corner of the NW4 of the SE4 of Section 15, Township 7 North, Range 69 West of the 6th P.M., thence South 02'02159" East 300 feet, thence North 89154,28" West 500 feet; thence North 92002,591" West 300 feet; thence South 89054"281, East 500 feet to the point of beginning; and thqt said last described property be included in the "D" Commercial zone under t he zonit Ordinance of the City of Fort Collins. Dated at' FortCollins, Colorado, this 26th day of October, A. D. 1964. Respectfully submitted, BARTRAN HOMES, INC. sl William D. Bartran ATTEST: /s/ Arthur E. March, Jr. Secretary STATE OF COLORADO) ) as. COUNTY OF LARIMER) The foregoing instrument was acknowledged before methis 26th day of October, 1964, by William Colorado corptran as oration. and A. cE- March, Jr., as Secretary of Bartran Homes, Witness my hand and official seal. My commission expires: February 3, 1968. /s/ John Bartel Notary Public Motion was made by Councilwoman Quinn, seconded by Councilman Guyer, that this petition be referred to the Planning and Zoning Board for their recommendation. Roll was called resulting as follows: Ayes: Councilmen Johnson, McMillan, Guyer and Councilwoman Quinn. Absent: Councilman Colwell, excused. Nay85: None. The President declared the motion adopted. The following petition was presented and read at length: STATE OF COLORADO) PETITION AND APPLICATION FOR ANNEXATION COUNTY OF LARIMER) as. 3c CITY COUNCIL OF THE CITY OF FORT COLLLNS FORT COLLINS, COLORADO GENTLEMEN: WHEREAS, We the undersigned are the owners of more than 50% of the a rea and com- prise the majoity of land owners residing in the area which is described as situate in the County of arimer, State of Colorado, to -wit: A tract of land situate in the NWT of Section 10, Township 7 North, Range 69 West of the Sixth P.M., County of Larimer, State of Colorado, which considering the South line of said NWT as bearing N. 89050130" E. and with all bearings contained herein relative thereto is contained within the boundary lines which begin at t he SW Corner of the East 2 of the SWT of the S1 of the NWT of said Section 10, said point bearing N. 890 50F30" E. 331.27 feet from the SW Corner of said NWT and run thence N. 00000 45" W. 30.00 feet along the West line of the E2 of the SWT of the SW4 of said NW4; thence N. 89°50130" E. 90.100 feet; thence N. 00004'45" W. 155.00 feet; thence N. 89040f3O" E-. 60.00 feet; thence S:; 00°04'45" E. 140.16 feet to a point on the center line of the new Mercer Ditch; thence S. 43020130." 61.83 feet to a point on the South line of said NW4; thence S. 89050130" W. 107.50 feet to the point of beginning. containing 0.295 acres, more or less. AND WHEREAS, said lands are contiguous with the City Limits. of the City of Fort Co0lins, Colorado, and more than one -sixth of the aggregate external boundaries of said lands coincide with he existing bouhdaries of the City of Fort Collins, and WHEREAS, a plat Of said lands has been prepared in accordance wtih 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 he territory embraced therein, to be known as the Underdown Annexation to the City of Fort Collins, Colorado, be included within the limits ad jurisdiction of the City of Fort Collins, Colorado, and further that said lands be included in the A zone underthe zoning Ordinance of the City of Fort Collins. Dated at Fort Collins, Colorado, this 26th day of October, 1964, A. D. Respectfully submitted: Isl G. W. Underdown Glenna Underdown STATE OF COLORADO) ) as. COUNTY OF LARIMER) The foregoing instrument was acknowledged before me this 26th day of October By George W. & Glenna Underdown for the purposes therein set forth. My commission expires Nobember 8, 1967. rsl Judith R. Robinson Notary Public Motion was made by Councilman McMillan, seconded by Councilman Guyer, that this petition be referred to t he Planning and Zoning Board for their recommendation. Roll was called resulting as follows: Ayes: Councilmen Johnson, McMillan, Guyer and Councilwoman Quinn. Absent: Councilman Colwell, excused. Nayes: None. The President declared the motion adopted. The following report was presented and read at length: November 4, 1964 To: The Fort Collins City Council From: The Planning and Zoning Board Subject: #68-64 Underdown Annexation On November 3, 1964 the Board considered this petition and recomauended annexation with A Residential zoning as requested. If water rights exist with this land, these should be covered by a customary agreement giving the City first chance to purchase them if they are offered for sale. A small ten foot strip of land should be dedicated for right-of-way on LaPorte Avenue. Respectfully submitted, FORT COLLINS PLANNING AND ZONING BOARD Is/ Gene Allen Secretary Motion was made by Councilman Guyer, seconded by Councilwoman Quinn, that the recommendation of the Planning and Zoning Board be accepted and the petition be referred to the City Attorney for resolution and notice of hearing. Roll was called resulting as fol- lows: Ayes: Councilmen Johnson, McMillan, Guyer and Councilwoman Quinn. Absent: Council H November 5, 1964 Tan Colwell, excused. Nayes: None. The President declared the motion adopted. The following petition was presented and read at length: PETITION AND APPLICATION FOR REZONING STATE OF COLORADO) 0 ss. COUNTY OF LARIMER) TO THE CITY COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Gentlemen: We, the. undersigned, being the owners of 50% of the following described property, situate in the City of Fort Collins, County of Larimer, State of Colorado, to -wit: . Part of the SE', of Section 13, Township 7 North, Range 69 West of the 6th P.M. in the Couni.y of Larimer, State of Colorado, being more particularly described as follows: considering the East line of the SE4 of said Section ]3 to bear N. 000 18130" E. and with all bearings contained herein relative thereto, and with all subdivisions referenced herein being those platted and recorded in the records of Larimer County, Colorad-j: commencing at the NE corner of the SE4 of said Section 13, thence S. 00018130" W. 765.00 feet along the East line of said Section 13 to the true point of beginning; said point being the SE corner of Lemay Subdivision; thence continuing S. 00°18130" W. 546.65 feet along the East line of said Section 13; thence N. 89041130" W. 200.00 feet; thence N. 00018130" E. 546.65 feet to the Southerly right of way line of Garfield Street; thence S. 89041130" E. 200.00 feet along the said Southerly right of way line of Garfield Street to the true point of beginning; containing 1.1 acres, more or less, do respeciyfully petition and request that the City Council amend the zoning ordinance of the City of Fort Collins by changing said above des- cribed land from zone to D zone. ATTEST: Isl William H. Allen - Seely STATE OF COLORADO ss. COUNTY OF LARIMER Respectfully submitted, LEMAY, INC., a Golorado corporation By Mae A. Tiley - Pres. The foregoing instrument was acknowledged before me this 23rd day of October, 1964 by Mae A. Tiley as President, and William H. Xlle-i as Secretary of Lemay, Inc., a Colorado corporation. My commission expires- 8-5-67 naroara n a P bli n -... � ry u c Motion was made by Councilman McMillan, seconded by Councilman Guyer, that this petition be referred to the Planning and Zoning Board for their consideration. Roll was called resulting as follows: Ayes: Councilmen Johnson, McMillan, Guyer and Councilwoman Quinn. Absent: Councilman Colwell, excused. ,Nayes: None. The President declaredtthe motion adopted. The following report was presented and read at length: November 5, 1964 To: The Fort Collins City Council From: THE PLANNING AND ZONING BOARD Subject: #64-64 Request by Ralph Anderson for rezoning was This request considered by the Board on November 3„i; 1964, and it is recomme the rezoningnot of bbe Some of the residents in the thetrequeearandand apposed the rezoning. Their spokesman stated several reasons against hev sixth-six signatures. quest presented petitions contaLsing Respectfully submitted, FORT COLLINS PLANNING AND ZONING BOARD Mr. Anderson was present and explained his reasonKiien - Secretary for requesting a rezoning and advised the Council that he helieed did those residents in the vicinity that signed the petition objecting to the rezoning,d not uhao-_�_ prepare petition and -- rictus. He was advised by the Council that e should re are a plat fo objecting r his plans in order that the situa- tioh could be explained to those who were jecting to the rezoning. Motion was maae by A November 5, 1964 ncilwoman Quinn, seconded by Councilman Guyer, that this petition for rezoning be denied. oll was called resulting as follows: Ayes: Councilmen Johnson, McMillan, Guyer and Coun- lwoman Quinn. Absent: Councilman Colwell, excused. Nayes: None. The President decla he motion adopted. The following application was presented and read at length: Application of a N on -Resident for a Temporary Revocable Permit to Take Water Fort Collins, Colorado, Svstem of Water Works THE CITY MANAGER OF THE' CITY OF FORT COLLINS, COLORADO: The undersigned, owner of the following described property adjacent or, close to t not within the corporate limits of the City of Fort Collins, Colorado, to -wit:* A tract of land situated in the North E4 of Section 10, Township 7 North, Range 69 West of the 6th P.M., Larimer County, Colorado; which considering the North line of sei NE4 of Section 10 as bearing North 90100" West and with all bearing contained herein relative thereto, is contained within the boundary lines more particularly described as follows: Commencing at the NW corner of said NE4 of Section 10; thence East'657.47 fee along the North line of said NET' of Section 10 to t he true point of beginning; thence South OD'04133" West 394.54 feet; thence North 89°39' East 225.24 feet; thence North 00°191 East 392.99,feet to a point of the North line of said NorthE4 of Section 10, thence West 257.00 feet along the North line of said NE4 of Section 10, to a True Point of Beginning; Excepting the North 30.00 feet of the above described tract, now being occupied as County road; and conveying herewith all of the right, title and interest of the grantors in and to the road right of way over and across the Westerly side of said tract. s hereby respectfully petition the City of Fort Collins for permission to tap the Fort lins Water Works distribution main at 314" - on 10" Kalamain line West of Hanna Subdivision Dated at Fort Collins, Colorado, this 2 day of Nov., A. D. 1964- Northaide Baptist Chapel Isl R. K. Yader Motion was made by Councilman McMillan, seconded by Councilwoman Quinn, that the atter be referred to the City Attorney to determine what water rights, if any, could be ffered and if this property was eligible for a water tap from the City and if the applica- ion was eligible, to prepare a resolution and agreement. Roll was called resulting as fol- ows: Ayes: Councilmen Johnson, McMillan, Guyer and Councilwoman Quinn. Absent: Council - an Colwell, excused. Nayes: None. The President declared the motion adopted. The final plat of the Stevens Subdivision was presented. The following report s presented and read at length: November 5, 1964 o: The Fort Collins City Council rom: THE PLANNING AND ZONING BOARD ❑bjeet #48-614. Stephens Subdivis#on - Final Play This final plat was considered on November 3, 1964, and approval by the City uncil is recommended, subject to three conditions. The usual agreement for installing ilities and improving streets should be signed, the temporary cul-de-sac should be surface th compacted gravel and the survey point used as the NW corner, SE4, Sec. 9-7-63 should be scribed on the plat. Council approval could be subject to completion of these items. Respectfully submitted, FORT COLLINS PLANNING AND ZONING BOARD Isl Gene Allen - Secretary Motion was made by Councilman McMillan, seconded by Councilman Johnson, that the sport of the Planning and Zoning Board be accepted and the plat be approved if the condi- ions as stated in the Planning and Zoning Report are accepted. Roll was called resulting s follows: Ayes: Councilmen Johnson, McMillan, Guyer and Councilwoman Quinn. Absent: ouncilman Colwell, excused. Nayes: None. The President declared the motion adopted. The final plat of t he Mountain View Heights Subdivision was presented. The llowing report was presented and read at length: November 5, 1964 c: The Fort Collins City Council rom: THE PLANNING AND ZONING BOARD 1 ubject: #56-64 MountainView Heights - Final Plat 6 Novetabel , 1964 'o: The Fort Collins City Council From: THE PLANNING AND ZONING BOARD Subject: #56-64 Mountain View Heights - Fihal Plat on November 3,.1964, the Board considered and approved this plat, subject to sev- )ral conditions, as follows: a.) Realignment of Cherry Street at the south end of Block 1 and provision of a ;ompacted gravel cul-de-sac for turnaround purposes. b.'), Dedication of the south one-half of Cherry Street on the Putnam School pro- oerty, east of Roosevelt Avenue. c.) Disposition of land between lots 10 and 11, Block 1. d.) Completion of the usual agreement on street improvements and utilities con- struction. a.) Assurance that Lyons Street and Cherry Street will be completely improved. An arrangem ant with a one foot reservation will be necessary to secure partial reimburse- ment of the developer for these costs, before adjoining lands are built upon. f.) Lyons Street should be dedicated to Vine Drive. A sixty foot right-of-way would be the proper width and improvements should not be required to this at t his time. As you know, this tract is now in the process of annexation. It is suggested that approval by Council be given, subject to annexation and the above items, being resolved. Respectfully submitted, FORT COLLINS PLANNING AND ZONING /a/ Gene Allen - Secretary Motion was made by Councilman McMillan, seconded by Councilman Guyer, that the report of the Planning and Zoning Board be accepted and the plat be approved subject to the annexation of'Mountain-View Heights and the conditions as stated in the Planning and Zoning Board report be resolved. Roll was called resulting as follows: Ayes: Councilmen Johnson, McMillan, Guyer and Councilwoman Quinn. Absent: Councilman Colwell, excused. Nayes: None. The President declared the motion adopted. The following communication was presented and read at length: November 2, 1964 To: Mayor Harvey Johnson and City Council From: R. F. Boos, City Manager Subject: Pay Range, Director of Public Works Th e*position of the Director of Public Works located to $668,when the pay plan wasoriginallyadoptedrange 24 of t he pay iew ay plan ion in month andRavhalfoandhrevpalution oflthetpositionight of iindicateuthatcintOrderrtonea of the past position a change in pay range is warranted. It issthereefoo9r76recommendad phap8 public ha Works Director position be allocated to range 26, Respectfully submitted, /a/ R. F. Boos City Manager The following resolution was presented and read at length: RESOLUTION OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING A CHANGE IN THE CITY COMPENSATION PLAN icipal ServiceAof theRCityuOfoFortopted Collinsbwasry 27duly�adopted, and1964, Compensation Plan for the Mun' WHE EAS, under the Provisions ode o City of Fort Collins, Colorado, f 1958, as amended, the Section 9salaries of the 0and we Ordinances of the and employees of the City of Fort 'Collins, not fixed by the City Charges by officers by Resolution of the City Council and WHEREAS, the City Manager has recommended to the City Council a change in the pay range of the position of Public Works Director, and WHE t is the of ty Council eat of the CitySofiFort CollinsntonamendhthelCompensationhat Plantasill be for the best inter - M anager, for by the City NOWBY Compensation IResolut Resolutionpassedpass d and adoptCIL ed THE CITY OF FORT COLLINS that the p p y ptad b ' 27, 1964, be amended in the following particular, to -wit: y the City Council February Position T&7 Public Works Director 26 Pay Range $772--976 77 ATTEST: Passed and adopted at a regular meeting of the City Council held this 5th day of r, A. D. 1964. s F rk se sl Harvev G. Johnson Motion was made by Councilman Guyer, seconded by Councilman McMillan, that this resolution be adopted. Roll was called resulting as follows: Ayes: Councilmen Johnson, n and Guyer. Nayes: Councilwoman Quinn. Absent: Councilman Colwell, Excused. The President declared the motion adopted. The following report was presented and read at length: November 2, 1964 Mayor Harvey Johnson and City Council om: R. F. 'Boos, City Manager bject: Public Works Director Appointment The vacant Public Works Director posit#on was advertised in publications of the Colorado Municipal League, the Americas Public Works Association., and the International City Manager's Association. In addition, several personal contacts were made to encourage application of well qualified persons. There were approximately 22 applicants for the posi- tion, none of whom were interviewed. After care ful consideration and evaluation tothe qualifications of those interviewed, Mr. C. Adam Fischer, Assistant Director of Public Works Springfield, Missouri, was selected to fill the position. It is therefore my pleasure to announce the appointment of C. Adam Fischer as irector of Public Works effective December-1, 1964, at a starting salary of $818 per month. r. Fischer is 31 years old, married, and he and his wife, Arnette, have two children, a aughter, Robin,, four years old and a son Thomas, six weeks old. He is a graduate of the nigersity of Missouri with a degree in civil engineering. From 4 bruary 1959 to February 961, he was Planning Engineer for t he City of Columbia, Missouri, responsible for design nd construction of streets, sanitary sewers, storm sewers, and other public improvements. n 1961 he accepted an a ppointment as Chief of Current Planning for the City of Springfield ith the responsibility for implementation and enforcement of subdivision regulations, zon- ng, and other ordinances dealing with community and public works construction and develop - ants. In February 1962 he was promoted to his present position of Assistant Director of ublic Works. Mr. Fischer's education, training, and experience indicate qualifications that will ovide us administrative and technical leadership and direction commensurate with the mands of the Public Works Department and rapidly growing Fort Collins. Respectfully submitted, /sl R. F. Boos City Manager The -following ordinance was presented on first reading: ORDINANCE NO. 42, 1964 AN ORDINANCE PROVIDING FOR THE LICENSING AND REGULATION OF TRASH HAULERS IN THE CITY COLLINS Motion was made by Councilman Guyer, seconded by Councilman Johnson, that consid- tion of this ordinance be deferred for one week. Roll was called resulting as follows: s; Councilmen Johnson, McMillan, Guyer and Councilwoman Quinn. Absent: Councilman olwell, excused. Nayes: None. The President declared the motion adopted. Game Mayor Johnson reported that the State/and Fish Hatchery Manager of property on orth Shields Street, which is adjacent to t be pond that the City owns, has complained of unters trespassing on the property and bothering t he geese that are being sheltered in this icinity. He requested that the Fish and Game Department be allowed to put up signs in re- erence to firearms in this vicinity and also be allowed to patrol the vicinity to see that o trespassing with firearms was being carried on. Motion was made by Councilman McMillan, econded by Councilman Guyer, that the State Game and Fish Hatchery be granted permit to rect signs and patrol, the area in the vicinity of the pond owned by the City on North Shiel( oad. Roll was called resulting as follows: Ayes: Councilmen Johnson, McMillan, Guyer and ouncilwoman Quinn. Absent: Councilman Colwell, excused. Nayes: None. The President de - the motion adopted. '8 The following communication was presented and read at length: ERNEST G. HARTWELL Attorney at Law October 9, 1964 Mr. Arthur E. March, J r. March and March Attorneys at Law Poudre Val3ey National Bank Building Fort Collins, Colorado Dear Art: You will find enclosed an application for reallocation of Class D allotment per- taining to property in the Northwest Quarter and the Northeast Quarter of Section 28, Town-! ship 6 North, Range 68 West of the 6th P.M. A portion of said property described in the application under the heading Parcel 4belongs to the City of Loveland and the City of Fort Collins to be used for the joint airport. The land in Parcel 4 was conveyed some time sago without District water but no reallocation of the water had ever been ode. The District now is requiring that the water be reallocated tot he land which is being irrigated and re- moved from the land that is not irrigated with District water. You will note that t he City of Loveland has signed the application. I forward thi application to you to obtain the signatures of the proper officers of the City oi' Fort Collins and return to me. Thank you for your assistance in this matter. Very truly yours, /s/ Ernest G. Hartwell Motion was made by Councilman McMillan, seconded by Councilwoman Quinn, to auth- orize the Mayor and City Clerk to execute the allocation. Roll was called resulting as follows: Ayes: Councilmen Johnson, McMillan, Guyer and Councilwoman Quinn. Absent,- Cout Gilman Colwell, excused. Nayes: None. The President declared the motion adopted. Motion was made by Councilwoman Quinn, seconded by Councilman Guyer, that the Council adjourn. Roll was called resulting as follows: Ayes: Councilmen Johnson, McMills Guyer and Councilwoman Quinn. Absent: Councilman Colwell, excused. Nayes: None. The President declared the motion adopted and the Council a7djjPurned. ) / ATTEST: City Clerk