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HomeMy WebLinkAboutMINUTES-06/27/1963-Regular61 June 27, 1963 MINUTES OF A REGULAR METING OF THE COUNCIL OF THE CITY OF FORT COLLINS, held Thursday, June 27, 1963, at 1:30 o'clock P.M. Present: Councilmen Johnson, Colwell, McMillan, Honstein and Councilwoman Quinn. sistant City Manager R. S. Baker, City Attorney March and City Engineer Weiss. Absent: City Manager Widdows, excused. Motion was made by Councilwoman Quinn, seconded by Councilman Colwell, that the reading of the minutes of an adjourned meeting held June 19, 1963, be dispensed with. Roll s called resulting as follows: Ayes: Councilmen Johnson, Col w,11, McMillan, Honstein and ouncilwoman Quinn. Nayes: None. The President declared the motion adopted. The following ordinance was presented on second reading: ORDINANCE NO. 19, 1963 CCEPTING AND APPROVING THE PLAT OF WHAT IS KNOWN AS.THE MAXWELL'S SECOND ANNEXATION TO THE ITY OF FORT COLLINS, COLORADO, AND AUTHORIZING THE ANNEXATION OF ALL THE TERRITORY EMBRACED N SAID PLAT TO THE CITY OF FORT COLLINS AND TO BE INCLUDED WITHIN THE LIMITS AND JURISDIC- ION THEREOF, PURSUANT TO THE AUTHORITY CONTAINED IN ARTICLE 11, CHAPTER 139, COLORADO REVIS D STATUTES, 1953 Motion was made by Councilman Colwell, seconded by Councilwoman Quinn, that Ordi- nee No. 19, 1963, be adopted and become a law upon passage. Roll was called resulting s follows: Ayes: Councilmen Johnson, Colwell, McMillan, Honstein and Councilwoman Quinn. ayes: None. The President declared the motion adopted. The following ordinance was presented on second reading: ORDINANCE NO. 20, 1963 EING AN ORDINANCE AMENDING SECTION 21-2 of THE CODE OF ORDINANCES OF THE CITY OF FORT OLLINS, COLORADO, 1958, AS AMENDED, RELATING TO WATER TRUNK LINE ASSESSMENTS AND SEWER INE ASSESSMENTS Motion was made by Councilman McMillan, seconded by Councilman Colwell, that Ordi- nee No. 20, 1963, be adopted and become a law upon passage. Roll was called resulting as ollows: Ayes: Councilmen Johnson, Colwell, McMillan, Honstein and Councilwoman Quinn. ayes: None. The President declared the motion adopted. This being the date of the Kramer Annexation, the City Clerk advised the Council hat no counter petitions had been filed and no objections had been made. The following ordinance was presented on first reading: ORDINANCE NO. 22, 1963 CCEPTING AND APPROVING THE PLAT OF WHAT IS KNOWN AS THE KRAMER ANNEXATION TO THE CITY OF ORT COLLINS, COLORADO, AND AUTHORIZING THE ANNEXATION OF ALL THE TERRITORY EMBRACED IN SAID LAT TO THE CITY OF FORT COLLINS AND TO BE INCLUDED WITHIN THE LINITS AND JURISDICTION THERE- F, PURSUANT TO THE AUTHORITY CONTAINED IN ARTICLE 11, CHAPTER 139, COLORADO REVISED STATUTE 953 Motion was made by. Councilman McMillan, seconded by Councilman Colwell, that Ordi- nee No. 22, 1963, be considered favorably on first reading and ordered published this 27th of June, A. D. 1963, and to be presented for final passage on the 18th day of July, A. D. 963. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, onstein and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The City Attorney presented the following resolution for the Council's considera- tion and discussed previous to the reading various phases that had been incorporated in said resolution: RESOLUTION OF THE COUNCTL OF THE CITY OF FORT COLLINS PERTAININGTO WATER USERS OUTSIDE THE CORPORATE (LIMITS OF THE CITY OF FORT COLLINS . WHEREAS, Section 21-26, Code of Ordinances of the City of Fort Collins provides, All contracts or permits for the sale of water from the Fort Collins system of water works o users outside of the city limits of the City of Fort Collins, also the charges made ther 3 shall be governed as provided by resolution or resolutions of the City Council hereafter to be adopted," and WHEREAS, Section 21-27 of the Code of Ordinances of the City of Fort Collins pro- vides that,"No permits or contracts shall be entered into by the City of Fort Collins for the furnishing of water from the Fort Collins system of water works to new consumers out- side the city limits of Fort Collins and no additional taps shall be permitted to be made to existing lines, except as the City Council shall expressly provide for by resolutions hereafter adopted," and WHEREAS, Section 21-33 of the Code of Ordinances of the City of Fort Collins pro- vides as follows, "Before a water line giving new service is installed: The user shall comply with the building code of the County of Larimer and until such building code is adopted,t he provisions of the City building code shall be complied with. The user shall obtain and apply for all building and other permits, pay all inspection fees and employ licensed individuals for the installation of improvements in accordance with the require- ments of the County of Larimer. Until the County of Larimer has adopted pertinent rules and regulations, such permits, fees and licenses shall be obtained from the City of Fort Collins in accordance with the ordinance of the City of Fort Collins governing such matters. The user, if located within the area covered by the master plan approved by the Fort Collins Planning and Zoning Board, shall comply with the subdivision rules and regulations adopted by the City of Fort Collins; until such rules and regulations have been formally adopted by the City of Fort Collins, the user shall obtain the approval of his plans by the Fort Col- lins Planning and Zoning Board in accordance with the tentative rules and regulations approved by said Board. No water connection shall be made except under the supervision of the Water Division of the City of Fort Collins," and WHEREAS, Article IX, Section 4, of the Charter of the City of Fort Collins, Colo- rado, provides as follows, "if at any time the water supply is greater than the immediate needs of the City and its inhabitants, the Council may authorize the city manager to permit the use of such surplus water by consumers outside the City at such rates ast he Council may prescribe; provided that no vested right shall_ accrue under such permits," and WHEREAS, commencing about 1954, it was necessary for the City Council to adopt a policy that no additional applications from water users for use of water outside the City of Fort Collins to be approved, and WHEREAS, numerous petitions from outside water users are being received by the City Council and accordingly the City Council has thoroughly reveiwed its position regard- ing the matter of its action to be taken concerning such applications, and WHEREAS, it is realized that many of the applicants seeking City water would seek annexation to the City of Fort Collins if permissible according to the requirements of the laws of the State of Colorado, and that undue hardship is being imposed upon such applicants by the refusal of the City of Fort Collins to permit such applicants to take water from the municipal water works system, and WHEREAS, the City of Fort Collins has an adequate supply of water from which it can supply outside users, and the policy of the City of Fort Collins is to acquire additional supplies whenever such are available to be purchased by the City of Fort Collins, and T,JHEREAS, after due consideration, it is the opinion of the City Council that it will be for the best interests of the City of Fort Collins if its policy regarding its position on applications for the furnishing of water from the Fort Collins system of water works to new consumers outside the City limits of the City of Fort Collins be changed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF FORT COLLINS that effective immed- iately applications by consumers for the furnishing of water from the Fort Collins system of water to be used outside the City limits of the City of Fort Collins will be approved, provided such use is not otherwise forbidden by the ordinances of the City of Fort Collins, and provided further that the applicant enter into an agreement with the City of Fort Collins pertaining to the use of such water by the applicant wherein the applicant shall agree on behalf of himself, his heirs, personal representatives and assigns that such applicant will seek annexation of his lands to the City of Fort Collins when annexation is possible accord- ing to the laws of the State of Colorado; that such applicant will not sell from his lands any water rights being used thereon and will offer the same to the City of Fort Collins at their then market value when such water rights are no longer needed in connection with said lands, and in any event will, when requesting annexation, offer such water rights to the City of Fort Collins in accordance with the provisions of the resolution adopted by the City Council on June 13, 1963; that the tapping to the municipal line shall be done by the City at the expense of the property owner, and that the water line or lines to be installed by the applicant shall be in accordance with the specifications of the City Engineer; that a master plan of the area to be developed by the applicant shall be sent to the City Engineer's office; that if more than one service tap is to be installed, water shall be measured through a master meter; that the applicant shall comply with the provisions of Section 21-33 of the Code of Ordinances of the City of Fort Collins; that the applicant will pay all fees : - and charges provided for by the ordinances of the City of Fort Collins for water used outside the City limits. BE IT FURTHER RESOLVED that nothing herein contained shall indicate a change of policy of the City of Fort Collins regarding such applications to use water outside the City limits where the lands on which such water is to be used are eligible for annexation to the City of Fort Collins, except in those instances where annexation proceedings are pending at the time of the application and the applicant has complied with all of the requirements of the City of Fort Collins in connection with such annexation proceedings. Passed and adopted at a regular meeting of the Council held this 27th day of June, A. D. 1963. s/ Harvey G. Johnson ayor ATTEST Is/ Miles F. House City Glerk 63 Motion was rra de by Councilwoman Quinn, seconded by Councilman Colwell, that this esolution 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 communication was presented and read at length: Beta Gamma of Kappa Alpha Theta House Corporation Fort Collins, Colorado June 25, 1963 the members of the City Council of Fort Collins, Colorado: e following request is in regard to the placement of the sidewalk at the Kappa Alpha Theta rority house now being constructed at the corner of South Sherwood and Laurel Streets. is building faces Sherwood on a lot 210 feet long starting at the alley and going south to urel. here is a flag -stone sidewalk the entire block on Sherwood. We are prepared to replace this idewalk from the alley south to Laurel with a five foot walk adjacent to the curb. We feel hat in no way would this depreciate the remainder of the block, and it would greatly an- ance the appearance of the new building. e request no change on the Laurel Street sidewalk, but we will place a five-foot sidewalk n Laurel in line with the present sidewalk remaining in the block. his building when completed will have a value of approximately $250,000, and it is our esire that it be an attractive addition to the area. • /s/ Mrs.-L. A. Chandler, President /s/ Mrs. John Batsin /s/ Mrs. V. D. Bailey After discussion and upon recommendation of the City Engineer., motion was made Councilman Colwell, seconded by Councilman Johnson, that the permit,as requested,be grant- d. Roll was called resulting asfollows: Ayes: Councilmen Johnson, Colwell, McMillan, onstein and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The following communication was presented and read at length: 1744 LeMay Avenue Fort Collins, Colorado June 26, 1963 r. Gerald Weiss, Engineer ity of Fort Collins ity Hall ort Collins, Colorado Re: East Acres Water Line ar Mr. Weiss: As per our recent conversations in regards to the East Acres Water Line, we are forwarding this letter as an official request to the City of Fort•Collins to take some action on the matter. IFhe usefulness of this water line has long since served its purpose. It is a 12 inch line with 14 taps. Our tap is on the far end of the line and we also live at a much higher elevation than the other taps. Consequently, we are without any water from 8 AM until late at night during it his time of the year. This water line is bordered on three sides by the city limits and already has one tap user ,inside the City. We understand that another tap on this line has been promised for a new louse if it is annexed to the City. �e put this line in some years ago when pressure was much better at our master ro ter. There - 'ore we would gladly donate this water line to the City of Fort -Collins if they would con- nect it to an additbnal water main at Stuart St. to give us better pressure. The City could then handle the system to a much better advantage. With kindest regards, /s/ E. E. Johnson /s/ C. K. Johnson The City Engineer advised the Council that the line was in bad condition and that t would be a liability to the City if the City accepted the line from the owner. He stated hat the line would have to be repaired and at least seven of the East Prospect connections have to be placed on the City-: mains and that the taps on the LeMay side would have 64 T_1bL1e-2'Z, 1963 to be connected to the main on Stuart Street. He stated that the cost of the liability to the City would be at least $$100.00 per tap. After discussion, motion was made by Counc man Colwell, seconded by Councilwoman Quinn, that this be referred to the City Engineer- to prepare a proposal for the Councilfs consideration for the request as made. Roll was calle resulting as follows: Ayes: Councilmen , Colwell, McMillan, Honstein and Council- i woman Quinn. Councilman Johnson not voting. Nayes: None. The President declared the motion adopted. The following communication was presented and read at length: 11 June 25, 1963 Mr. Jerry Weiss Municipal -Building 300 LaPorte Avenue Fort.Collins, Colorado Dear Jerry: This letter is a follow-up on our conversation of a few days ago. At that time I discussed with you an arrangement that had been made between the City and I regarding the fencing of my backyard and park access at 724 Cherokee. In discussing this with Mr. Norris, he agreed on behalf of the city to pay one-half of the fencing costs across the back adjacent to the park and also along the side which is the access route to the new park from Cherokee street. The total fencing project was in the nei borhood of $500; however, the part involving the city was $234. I paid the entire bill to the Everitt Lumber Company as directed by Mr. Norris and was t old that my check for $117 wol be forthcoming in the near future. Almost 8 months has elapsed since this was done in whict time I was told at least 6 different times that my check should have been mailed and that M7 Norris would check into it.. I would appreciate very much this account being cleared. Very truly yours, /s/ Frank Hooper After discussion, motion was made by Councilman Colwell, seconded by Councilman Honstein, that the request for payment be allowed and the amount of 117.00 be paid. 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 communication was presented and read at length: June 24, 1963 Hill and Coyte Attorneys at Law Hon. Harvey Johnson Mayor Municipal Building Fort Collins, Colorado Dear Mr. Johnson: I represent M. L. Deines, who constructed the improvements in an area just off Prosoect Street known as Deines Court. The buyers of at least one of his houses has obtaine a V.A. loan; and when the loan was made, they required Mr. Deines to put up a deposit of $$1,300.00 to guarantee proper completion of the street. After the improvements were complet an inspection was made by the V.A. and it was found that the streets were completed in accordance with V.A. requirements. Accordingly, The Prudential Insurance Company of America who has been holding the $1,300.00, delivered the money to me for delivery to Mr. Deines, which I did. It now turns out that the V.A. requirement is that the street be accepted by the City; and we have learned that the City, sometime ago, adopted a policy of not accepting a street until the same had been in for a period of two years. I am writing to you to see if the City can do something about this situation in this particular instance. It may be that other people are caught in the same bind, as the V.A. and Prudential are now demanding that Mr. Deines return the $$1,300.00 to them to be h until the street is accepted. This street was put in under City supervision and in accordance with City plans a specifications, and it appears to me that an undue hardship is being placed on Mr. Deines in that he has put the street in under City supervision and in accordance with City plans and specifications, has paid for said street and yet is not able to get it accepted by the City. Accordingly, he is having'td put up escrow money even though the street is completed and paid for. This area is within the City and the City is accepting taxes on it at this time. The whole business seems to be wrong, as near as I can analyze it. I am sending a copy of this letter to each of the Commissioners in that I feel it is something that you might want to talk about and take some action, and it might be better to take care of the matter in this way rather than my appearing before the Board. roe J N Any consideration ,you can give in our request that the street be atceptedby the , 65 City at this time will be greatly appreciated. Yours very truly, /s/ Ralph H. Coyte The City Engineer explained to the Council that previous to the past year that the City did not have an analyst, that it was the policy of the City not to -accept the pavement of the subdivision put in by the developer over a period of two years to allow for any defects that might appear.- He advised the Council that to all appearances the City could accept it at this time. After considerable discussion regarding this matter, motion was made by Councilman Honstein, seconded by Councilwoman Quinn, that the City Engineer advise Mr. Coyte that the street would be accepted as completed. Roll was called resulting as fol- lows: Ayes: Councilmen Johnson, Colwell, McMillan,-Honstein and Councilwoman Quinn. Nayes [lone. The President declared the motion adopted. The following communication was presented and read at length: Davison Development Co., Inc. r. Gerald Weiss ity Engineer ity of Fort Collins ar Mr. Weiss: June 14, 1963 ity requirements for the construction of W. Elizabeth Street as a main arterial street xceed those for residential streets constructed by the developer. Therefore, Davison Devel pment Co. is requesting reimbursement, or credit, for the additional cost incurred in eeting these exceptional requirements. Actual costs for improvements on the first 600 ft.-,of W. Elizabeth West of Shields are itemized below: (Engineering, road base, and curb -gutter costs are not included.)' Sanitary Sewer 600 ft. '" VCP @ $3.93 $ 2,358.00 2 Manholes @ $233.48 466.96 Water Main 600 ft. '" CIP @ % 24 2,544.00 2 Fire Hydrants @ 559.18 1,118.36 Storm Sewer 600 ft. 24" RCP, Cl. II @ 810.45 6J270.00 Sub-bas-, Base, and Paving 600 ft. 4" Sub -base, 4" Base, 2" blacktop 3777.45 yds. @ $1.68 6j346.12 Respectfully submitted: /sl Dana N. Peitersen, Pres. The City Engineer stated that in the improvement districts where pavement was eing placed on arterial streets, the City was paying the extra cost for the pavement of suct treets, but that the City had not extended this payment for paving put in by developers of ubdivisions. From the figures as presented in the foregoing communication, it was not de - ermined the amount that the City Engineer thought that the City would be liable for under mprovement districts as such had been the case. The City Engineer advised the Council that .e would supply figures on this to present to the Council at the next meeting. The following communication was presented and read at length: 315 South 21th Street Fort Collinq,Colorado June 25, 1963 o the Mayor and ity Council ity of Fort Collins, Colorado ntlemen: suggested by certain City officials, a written request is hereby made for -the privilege of cting a sign at the intersection of North Shields and Sycamore Streets to indicate the 66 location of the North Side Baptist Chapel. Attached herewith is a card indicating my position and the location of our meeting place. This work is officially sponsored by the Bellvue Baptist Church of Bellvue, Colorado. The various people who attend indicate the need of the sign. The southeast corner of the intersection seems the logical spot. At this point there is (1) a street sign, (2) a mail box, (3) a fire hydrant and (4) a utility pole. The other three corners do not seem right for a sign location. However, this is simply a request as noted. Resnectfully yours, /s/ Paul H. Spencer Mr: R. S. Baker was present, representing Mr. Widdows, advised the Council that previous to the extension and enlargement of College Avenue and the abandonment of the stree car lines, that various churches had the signs of direction advising people of their loca- tion. At the time of enlargement the signs were taken down when the light and power depart- ment had taken over the light poles for street lights. After discussion, at the time it was mentioned that churches are being scattered more and more on the outside of the City and that directional signs would.be greatly increased if various churches used them to any great extent. After further discussion, motion was made by Councilman McMillan, seconded by Councilman Colw-ll, that the Council refer the matter of directional signs for churches to the Ministerial Alliance Association for their recommendation. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Honstein and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. matter. The City Attorney was instructed to advise the association in regard to ,this The following communication was presented and read at length. FORT COLLINS CHAMBER OF COMMERCE June 20, 1963 Mr. Bill Widdows Manager, City of Fort Collins 300 LaPorte Avenue Fort Collins, Colorado Dear Sir: The Retail Council of the Fort Collins Chamber of Commerce will cooperate with the Jaycees of Fort Collins on the dates July 23 and 24 to hold a street bazaar and carnival. The bazaar will be on College Avenue between LaPorte and Oak street. We plan to hold the bazaar and the carnival completely on College Avenue. We will need the permission of the City of Fort Collins to block the street for the dates of the 23rd and 24th and depending on the set up time probably.for a period.of time on the afte noon and the evening of the 22nd. Your permission to offer the co-operation of the City in these proceedings will be greatly appreciated and will look forwoard to hearing from you in the near future. Sincerely /s/ Paul A. Phibbs General Manager Motion was made by Councilman Colwell, seconded by Councilwoman Quinn, that this matter be referred to the City Engineer for investigation and report. Roll was called re- sulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Honstein and Councilwomar Quinn. Nayes: None. The President declared the motion adopted. Mr. Everett Riddell presented the following communication and elaborated to some extent on some of the points that it contained: FORT COLLINS CHAMBER OF COMMERCE June 27, 1963 The City Council City of Fort Collins Fort Collins, Colorado Attention Harvey Johnson, Mayor June 27, 1903 The Urban Improvement Committee of the Fort Collins Chamber of Commerce is conducting a study which will result_ in our recommending ways that we can build and/or rejuvenate the "core area" of our city. It is our ultimate aim -to inspire the building of a shopping city second to none in Northern Colorado. This job can be done if an agressive renewal and improvement plan is adopted by the "core area" business interests and the City of Fort Collins. ,Principle concerns of the.committee include parking area space, street lighting, sidewalk and curb renewal, beautification with potted shrubbery and store front renovation, traffic and pedestrian control at intersections and traffic routing. Immediate recommendations of the committee include: 1.•Establishment of parallel parking in the center sections of College Avenue between LaPorte and Olive apd on.Mountain Avenue between Howes and Peterson with a curbed cent walk way. 2. Increase the lighting intensities on College and Mountain Avenues in the previously defined limits as well as on several other streets in the core area. (See accompaning map for specific recommendations as to locations, quantities, etc.) Bury overhead cables where possible. 3. Change contol signals to incorporate pedestrian light at all intersections on Colle Avenue between LaPorte and Olive. Study the stop direction at Mason and Oak and Mason and Mountain. There may be a need for lights at these intersections. 4. Install attractive shrubbery along the streets and center parkways, especially on College Avenue between LaPorte and Olive and on Mountain between Mason and Remington as well as on the sidewalks of Linden and Walnut. 5. Begin the immediate acquisition of offstreet parking areas and decrease from meterec parking as soon as practical. 6. Repair or replace all cracked curbs and broken sidewalks in the general area des- cribed. Some of these improvements are clearly within the responsibility of the city government to complete. Others are clearly the responsibility of the property owners. Certain of the projects will require a cooperative planning and payment venture between government and pro- perty owners. iThe Cuban Improvement Committee is anxious to learn as soon as possible the role that our City will be able to play in completing the improvements. Cost estimates for several of the pprojects have been made and are in the City file. Where our committee needs to act to deter- mine cost estimates we will be glad to do so. The development of our City's "core area" will greatly benefit all of Fort Collins. A serious effort to renewal and improvement will: 1. Reverse the trend to deterioration already noticeable on some of our principal streets 2. Provide more complete shopping facilities to attract others to Fort Collins to trade throughout the city. 3. Increase property values which will result in greater city revenues. 4. Destroy certain buildings that are hazardous to health and safety. hank you for your early considerations of these requests. Our Chamber of Commerce stands eady to help always. , COLLINS CHAMBER OF COMMERCE IMPROVEMENT COMMITTEE s/ Everett Riddell, Chairman The Council suggested various items that the Chamber of Commerce might do such as ck routes under their traffic control project and advised Mr. Riddell that the Council ould cooperate with them where they could. Motion was made by Councilwoman Quinn, seconded by Councilman Colwell, that the cil adjourn to Wednesday, July 3, 1963. Roll was called resulting as follows: Ayes: ouncilmen Johnson, Colwell, McMillan, Honstein and Councilwoman Quinn. Nayes: None. The ident declared the motion adopted and the Council adjourned to Wednesday, July 3, 1963, t 1:30 P.M. mayor ATTEST: 1City Cler