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HomeMy WebLinkAboutMINUTES-06/13/1963-Regular53 MINUTES OF A REGULAR MEETING OF THE COUNCIL OF THE CITY OF FORT COLLINS, Held Thursday, June 13, 1963, at 1:30 ofclock P.M. Present: Councilmen Johnson, Colwell, McMillan, Honstein and Councilwoman Quinn. City Manager Norris, City Attorney March and City Engineer Weiss. Motion was made by Councilwoman Quinn, seconded by Councilman McMillan, that the reading of the minutes of the last regular meeting held June 6, 1963, be dispensed with. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Honstein and.Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The application of Harold Schwindt dba Pine Tavern, 244 Pine Street, to the State of Colorado, for a 3•.2 % beer license, was presented. Motion was made by Councilman Colwell, seconded by Councilman Johnson, that the Mayor and City Clerk be authorized to execute the approval of the licensing authority. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Honstein and Councilwoman Quinn. Nayes: Non The President declared the motion adopted. The application of Harold Schwindt dba Pine Tavern, 244 Pine Street, to the City for a non -intoxicating malt liquor license, accompanied by the required license fee, was presented. Motion was made by Councilman Colwell, seconded by Councilwoman Quinn, that the license be granted subject to the issuance of the State license. Roll was cal]e d resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Honstein and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. This being the date of the hearing on the Second Elliott -Miller Annexation, the City Clerk advised the -Council that no protests or objections had been filed in writing. The following ordinance was presented on first reading: ORDINANCE NO. 21, 1963 ACCEPTING AND APPROVING THE PLAT OF WHAT IS KNOWN -AS THE SECOND ELLIOTT-MILLER ANNEXATION TO THE, CITY OF FORT COLLINS, COLORADO, AND AUTHORIZING THE ANNEXATION OF ALL THE TERRITORY EMBRACED IN SAID PLAT TO THE CITY OF FORT COLLINS AND TO BE INCLUDED WITHIN THE LIMITS AND JURISDICTION THEREOF, PURSUANT -TO THE AUTHORITY CONTAINED IN ARTICLE 11, CHAPTER 139, COLO- .RADO REVISED STATUTES, 1953• Motion was made by Councilman Colwell, seconded by Councilwoman Quinn, that Ord- inance No. 21, 1963, be considered favorably on first reading and ordered published this 13th day of June, A. D. 1963, and to be presented for final passage on the 3rd day of July, A. D. 1963. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Honstein and Councilwoman Quinn. Nayes: 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) ) 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 Lariner, State of Colorado, to -wit: Commencing at a Point 72.50 feet west of the Southeast corner of Emigh's Subdivi- sion; according to re -plat of A. L. Emigh's Subdivision filed October 28, 1907; thence North 200 feet, thence West 60.50 feet to the point of beginning; Containing 113 acres, more or less, do respectfully 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 C zone to D Commercial zone. Respectfully submitted, 54 June 13, 1963 STATE OF COLORADO) ) ss. COUNTY OF LARIMER) The foregoing instrument was acknowledged before me this 12th day of June By Floyd J. Holsinger for the purposes therein set forth. My commission expires 5-31-64. (SEAL) s/ Mary Alice Mann otary Public ::Note: Filing of a petition to rezone requires a deposit of $35.00 with the City Clerk to defray the cost of the amendment. man Motion was made by Councilwoman Quinn, seconded by Council/McMillan, that this petition be referred to the Planning and Toning Board for their recommendation. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Honstein and Council- woman Quinn. Nayes: None. The President declared the motion adopted. The following resolution was presented and read at length: RESOLUTION OF THE COUNCIL OF THE CITY OF FORT COLLINS GIVING PUBLIC NOTICE CONCERNING A PROPOSED ORDINANCE CHANGING THE ZONING MAP OF THE CITY OF FORT COLLINS A\'D AMENDING CHAPTED 19, CODE OF ORDINANCES OF THE CITY OF FORT COLLINS, COLORADO, 1958, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE WHEREAS, a pet tion has been presented to the City Council of the City of, Fort Collins, requesting that the following described property, situate in the County of Lari- mer, State of Colorado, to -wit: A tract of land situate in the SE4 of Section 13, Township 7 North , Range 69 West of the 6th P.M., City of Fort Collins County of Larimer, State of Colorado, which considering the East line of said SEi as bearing N. 00018'3O" E. and with all bearings contained herein relative thereto is contained within the boundary lines which begin at a point which bears N. 89038' W. 320.00 feet from the North- east corner of said SE., and run thence S. 00°18'30" W. 415.28 feet; thence along the arc of a 1,014.24 foot radius curve to the right a distance of 272.07 feet, the long chord of which bears S. 07059'35" W. 271.25 feet; thence along the arc of a 15 foot radius curve to the right a distance of 21.87 feet; the long chord o which bears S. 57°26'40" W. 19.98 feet; thence along the arc of an 860.00 foot radius curve to the right a distance of 162.56 feet, the long chord of which bears N. 75022125" W. 162.33 feet; thence N. 69057130" W.339.63 feet; thence N. 00018130" E. 540.66 feet; thence S. 89038' E. 530.00 feet to the point of beginni containing 7.5901 acres, more or less; and subject to a right-of-way for Elizabet Street over the Northerly 60 feet thereof, be changed from "A" Residence District to "C" Residence District, and WHEREAS, Section 19-13 of the Zoning Ordinance provides that the City Council may, from time to time, on its own action, after public notice and hearing as provided by law, amend, supplement or change the regulations of said Zoning Ordinance, and kH EREAS, the City Council is of the opinion that a change should be made in the Zoning Ordinance re-classifying a certain area of the City of Fort Collins as is more par- ticurly specified in the Notice of Public Hearing herein contEl ned, and is further of the opinion that public notice of said proposed change should be given so that the public generally may have an opportunity to be heard. NOW, THEREFORE, BE IT RESOLVED BY THE CO U NCIL OF THE CITY OF FORT COLLINS that notice of public hearing concerning the proposed change shall be given as provided by law at least fifteen (15) days prior to the date of said hearing by the City Clerk stating the time and place of said hearing, BE IT FURTHER RESOLVED that July 11, 1963, at 1:30 P.M. shall be the time for said public hearing and the Council Chamber in the City Hall of the City of Fort Collins at be the place for said hearing. BE IT FURTHER RESOLVED that June 18 and 25, 1963, and July 2, 1963, shall be the dates that publication of said notice be made in the Fort Collins Coloradoan, the official newspaper of the City of Fort Collins. BE IT FURTHER RESOLVED that said notice shall be in words and figures as follows, to -wit: "NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Notice is hereby given of a public hearing upon a proposed ordinance amending Chapter 19, Code of Ordinances of the City of Fort Collins, Colorado, 1958, as amended, c monly known as the Zoning Ordinance, changing_ the zoning mapaiopted by said ordinance so that the following described property, to -wit: 1 A tract of land situate in the SE1, of Section 13, Township 7 North, Range 69 West of the 6th_P.M', City of Fort Collins, County of Larimer, State of Colorado, which considering the East line of said SEa as bearing N. 00018130" E. and with all bearings contained herein relative thereto is contained within the boundary 55 lines which begin at a point which bears N. 89038t W. 320.00 feet from the North- v east corner of said SE4 and run thence S. 00018'30" W. 415.28 feet; thence along the are of a 1,014.24 foot radius curve to the right a distance of 272.07 feet, the long chord of which bears S. 07059'35" W. 271.25 feet; thence along the are of a 15 foot radius curve to the right a distance of 21.87 feet, the long chord of 1�ich bears S. 57°26140" W. 19.98 feet; thence along the are of an 860.00 foot radius curve to the night a distance of 162.56 feet, the long chord of which bears N. 75022125" W. 162.33 feet; thence N. 69057130" W. 339.63 feet; thence N. 00018130" E. 540.66 feet; thence S. 89038' E. 530.00 feet to the point of beginning; contd ping 7.5901 acres, more or less; and subject to a right-of-way for Elizabeth Street over the Northerly 60 feet thereof; be changed from "A" Residence District to "C" Residence District; said hearing shall be had in the Council Chamber in the City Hall of the City of Fort Collins on July 11, 1963, at the hour of 1:30 P.M. at which hearing parties in interest and citizens shall have an opportunity to be heard. Dated at Fort Collins, Colorado, this 13th day of June, A..D. 1963. /s/ Miles F. House City Clerk" Passed and adopted at a regular meeting of the Council held this 13th day of June A. D. 1963. Har r ATTEST: /s/ Miles F. House City Clerk G. Johnson Motion was made by Councilman Colwell, seconded by Councilwoman Quinn, that the resolution be adopted. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Honstein and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The City Attorney explained the resolution which he has amended. After discus with the Council last week on the requirements to sell the water. rights with petitions for annexation. After his explanation, the following resolution was presented and read at length: RESOLUTION OF THE COUNCIL OF THE CITY OF FORT COLLINS REQUIRING AN OFFER TO SELL WATER RIGHTS TO THE CITY OF FORT COLLINS AS A REQUIREMENT FOR ANNEXATION OF ADDITIONAL ACREAGE TO THE CITY OF FORT COLLINS WHEREAS, by reason of the accelerated and extensive development of land within t area around the City of Fort Collins, it has become increasingly important to adopt a re- quirement regarding the annexation of additional acreage to the City of Fort Collins, and WHEREAS, increasing demands made on the City of Fort Collins for water has mode it imperative that an additional requirement be made by.the City of Fort Collins concerning annexations to insure an adequate water supply for the residents of the City of Fort Collins and WHEREAS, through the Northern Colorado Water Conservancy District opportunities for transfer of water to municipalities is available when lands having attached allotments are being subdivided and annexed to adjoining municipalities, and WHEREAS, the owners of lands annexing the same to the City of Fort Collins request and expect to be supplied with domestic water from the City of Fort Collins for said lands, and WHEREAS, a study by the City Engineer has disclosed that for each additional acre annexed to the City an additional three acre feet of water is required. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that effective immediately all future requests for annexations to the City of Fort Collins, Colorado, shall be accompanied with an offer by the petitioner or petitioners to sell to the City of Fort Collins all water rights which have been used in connection with the lands sought to be annexed. Such water rights shall consist of units of the Northen Colorado Water Conservancy District water, direct flow contract water rights, and/or stock in duly orgaiized and existing irrigation companies. The water rights required to be offered for sale.to the City of Fort Collins shall be all of such water rights which have been used in connection with the lands sought to be annexed for a period of five years prior to the date of the petition seeking annexation, provided that the owner or owners of said lands owned such water rights during said period. The purchase price to be paid by the City of Fort Collins for said water rights shall be the going market price at the time of the petition for annexation and such purchase price shall be contained in the offer of sale. In the event the City of Fort Collins con- siders the proposed purchase price to be above the going market price, such matter shall be referred to a Board of Arbitration to determine the going market price, which said Board of Arbitration shall be the Field Men of the Poudre Valley National Bank of Fort Collins and 56 JU 963 a third arbitrator to be selected by the other two. The decision as to the going market price as determined by said Board of Arbitration shall be conclusive upon the City of Fort Collins and the petitioner or petitioners. In the event the lands sought to be annexed will need to continue to have used thereon the water rights offered to be sold to.the.City, the City of Fort Collins shall enter into an agreement with the owner or owners of said water rights to permit the same to be continued to be so used by said previous owner or owners.for a period not to exceed ten years, with said previous owner or owners to pay to the City.of Fort Collins annually for such use an amount not in excess of the annual assessment.charges for such water plus a charge equal to interest on the amount paid for said water at the rate of four per cent thereof. In the event water rights used in connection with the lands sought to be annexed during the preceding five year period have during said period been disposed of by the owner or owners of said lands, in lieu of such water rights, the petitioner may offer to sell to the City of Fort Collins other water rights which are acceptable by the City Council of the City of Fort Collins.. All costs or transfer .of the above mentioned water rights shall be paid by the City of Fort Collins. If the City of Fort Collins shall not elect to purchaset he water rights so off ed by the petitioner or petitioners prior to the date of final hearing on the annexation 0 ihance of the lands sought to be annexed to the City, the petitioner or petitioners shall released from their offer to sell. Passed and adopted at a regular meeting of the Council held this 13th day of June, A. D. 1963. /s/ Harvey G. Johnson. q Mayor I ATTEST: /s/ Miles F. House City Clerk Motion was made by Councilman McMillan, seconded by Councilwoman Quinn, that this resolution be adopted. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Honstein and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The following recommendation was presented and read at length: June 11, 1963 Fort Collins City Council Fort Collins, Colorado. Gentlemen: Attached is a sketch of proposed expansion and off-street customer parking area for Osborn Hardware Co. The Osborn Hardware Co. has Ourchased the 45' frontage from the City Fire Department west the present store and ast he sketch shows we propose to extend the present store frontage east 15' and put the remaining 30' into customer off-street parking if a curb cut can be obtained for access from the street. The curb cut requested will eliminate only one (1) parking meter and it is requested that this meter be eliminated without cost to us as it will eliminate one meter and will open approximately 18 off-street spaces which will help the parking situation in the Walnut Street area greatly. We have consulted with Mr. Weiss, the City Engineer and he suggested a 25t curb cut with o way traffic which we are requesting. Osborn Hardware Co. R. L. Osborn, Pres, The City Engineer advised the Council that the requested curb out would be an advantage to the parking situation on Walnut and he recommended that the request be granted. Motion was made by Councilman Colwell, seconded by Councilwoman Quinn, that the request for a 25 foot curb cut be granted. Roll was called resulting as follows: Ayes: Council- men Johnson, Colwell, McMillan, Honstein and Councilwoman Quinn. Nayes: None. The Presi- dent declared the motion adopted. The following communication was presented and read at length: The Honorable Mayor and Council Fort Collins, Colo. Re: Concrete Clear Water Reservoir Gentlemen: In order to expedite the construction of the Clear Water Soldier Canyon Reser- voir, we recommend contracting for plans and specifications as soon as possible with a loca 57 0 JupQ__11,__1263 engineering firm. This reservoir should be a minimum of twelve million gallons,a covered reinforced reservoir, either square m round, depending on the economies of the roof structure. The design must meet all State Sanitary requirements and have enough reinforcements and ade- quate concrete water proof walls for a reasonable life span of fifty years. TUs reservoir would double the available treated storage near the City. It would also greatly aid the filter operators in maintaining a few extra hours of treated potable water for emergencies. Also it would allow time out to by-pass flash floods and thus main- tain a more palatable supply of water. With this increased storage, the operators would be equipped to utilize the preset water rights - direct diversions - as - presently adjudicated. It might be possible to make a lump sum contract for the above work and get this project going within the next sixty days, thus utilizing the normal excel -lent construction weather during our fall months. While this is being processed legally, and the finances are being arranged,tthe overall study of your water work expansion will be completed by reviewing our twenty-five years experience of water requirements and treatment. The three reports made by consultant: fiscal agents and past management will be reviewed and brought up to date. This will be compiled on one report, so that the Council will be able to make decisions with the facts before them several weeks before the letting of a firm construction contract for the above outlined reservoir. We will await your suggestions and decisions before proceeding with the detailed engineering drawings. Respectfully yours, /s/ Wm.-F. Widdows, ity rianager �s/ G. H. Palmes Consultant to Manager Discussion followed between the City Engineer, City Manager and -the Council in reference to the engineering and design for this reservoir and after discussion, motion was made by Councilman McMillan, seconded by Councilman Colwell, that the City Council make a selection of three engineering firms to be considered by a committee composed of the City Engineer, City Manager and Mr. Palmes and reported back to the Council and recommenda- tion at an adjourned meeting at 1:30 P.M. -on June 19, 1963. Roll was cal -led resulting as follows: Ayes: Councilmen Johnson., Colwell, McMillan, Honstein and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. Mrs. Dwight Ghent, a member of the Citizen's Committee, for bicycle routes in the City bf Fort Collins, accompanied by another member, presented their report on the first phase of their proposed bicycle safety route in and around the City of Fort Collins. They presented a plan which is as follows: PLAN FOR BICYCLE PATH DEVELOPMENT FOR CITY OF FORT COLLINS Preamble: June 12, 1963 We, as members of the Citizens' Bicycle Path and Horse Trails -Committee have as our ultimate aim to establish bicycle paths for individuals seeking recreation or trans- portation and further to interweave horse trails in park areas and in the outlying areas of Fort Collins. Our program calls for four main points. 1. To establish safe bicycle routes in existing Fort Collins. 2. To incorporate bicycle traffic lanes in future sub -divisions and other devel- opments in the city e. g. if Riverside were extended to Prospect, a bicycle lane should be included. 3. To further the goals of the DeBoer plan by insisting on bicycle paths and horse trails in future park areas and to establish paths in existing parks. 4. To educate the children and parents of Fort Collins on existing bicycle ordi- nances and demanding that all regulations are enforced for protection of bicyclist and to save the harried nerves of the motorists. Due to the astute far-sightedness of city planners in earlier days of Fort Collin we are blesssd with very wide streets. Fort Collins' size and lay -out of the town permits children and citizens to reach on bicycles from home to parks, to schools, to town, to library and baseball diamonds. It is up to us today to utilize our wide streets by desig- 58 nating lanes where the bicyclists can travel in confidence and safety and where the motor- ists can be alerted to watch -out for the cyclist. We recommend for your consideration the following proposals: (The over-all bicycle path plan has been broken down into three phases.)' Stake 1. (Marked with red line on the map) A. Asphalt paths. 1. Asphalt paths on the east side of. Shields from the College path to Lake St., 8 foot wide. (The College path on E. Side of Shields will be in by 25th of June. This path will be graded and have a light coat of oil until building levels at the Univ, are established, whereupon a perma- nent path will be established.) 2. From the playgound through the park to Magnolia St. 3. Around S. side of Lake on Mulberry out west on S. side of golf course to Taft Hill Rd. 4. 50 ft. south at end of Stover with bridge over Arthur Ditch to give access to and from So. College Hts. B. Signs to be installed along the following streets: 1. On Shields from Lake to Magnolia. 2. On Magnolia from Jackson to Peterson. 3. On Peterson from Magnolia to Pitkin. 4. On Pitkin from Peterson to Stover. 5. On Stover from Pitkin to So. College Hts. 6. On Lake from Peterson to Shields. 7. On Castle Rock north to Skyline to Moore School and on to City Park via Orchard P1., Crestmore Dr., N. on Bryan. 8. to Shields, Maple to Putnam School. 9. On Meldrum from S. to Laurel. Alternate routes could be considered. 1. On Shields to Mulberry from Lake. 2. On Mulberry from Taft Hill Rd..to Whedbee. 3. On Whedbee from Mulberry S. to Pitkin. 4. On Pitkin from Whedbee E. to Stover. This plan was accompanied by a plat showing the routes that they have consider- ed. Motion was made by Councilman McMillan, seconded by Councilman Colwell, that the Coun- cil take the matter under advisement. Roll was called resulting as follows: .Ayes: Coun- cilmen Johnson, Colwell, McMillan, Honstein and Councilwoman Quinn. Nayes: Non e. The President declared the motion adopted. Motion was made by Councilwoman Quinn, seconded by Councilman Colwell, that the Council adjourn to Wednesday, June 19, 1963. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Honstein and Councilwoman Quinn. Nayes: None. The President declared the motion adopted and the Council adjourned to Wednesday, June 19, 1963, at 1:30 o'clock P.M. r ATTEST: City Clerk