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HomeMy WebLinkAboutMINUTES-08/22/1963-Regular116 MINUTES OF A REGULAR MEETING OF THE COUNCIL OF THE CITY OF FORT COLLINS, held Thursday, August 22, 1963, at 1:30 o'clock P.M. Present: Councilmen Johnson, Colwell, McMillan, Honstein and Councilwoman Quinn. City Manager Widdows, City Attorney March and City Engineer Weiss. Motion was made by Councilwoman Quinn, seconded by Councilman Johnson, that the reading of the minutes of the last regular meeting held August 15, 1963, be dispensed with. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Honstei and Councilwoman Quinn. Noyes: None. The President declared the motion adopted. . The following ordinance was presented on second reading: ORDINANCE NO. 25, 1963 AMENDING CHAPTER 19, CODE OF ORDINANCES OF THE CITY OF FORT COLLINS, COLORADO, 1958, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE, CHANGING A PART OF SECTION 180 TOWNSHIP 7 NORTH, RANGE 66 WEST OF THE 6TH P.M., IN THE CITY OF FORT COLLINS, COLORADO, FROM "A" RESI- DENCE DISTRICT TO "D" COMMERCIAL DISTRICT Motion was made by Councilman McMillan, seconded by Councilwoman Quinn, that Ordi- nonce No. 25, 1963, be adopted and become a law upon passage. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, and Councilwoman Quinn. Noyes: None. The President declared the motion adopted. Councilman Honstein excused from voting. The following ordinance was presented on second reading: ORDINANCE NO. 26, 1963 AMENDING CHAPTER 19, CODE OF ORDINANCES OF THE CITY OF FORT COLLINS, COLORADO, 1958, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE, CHANGING A PART OF EMIGH'S SUBDIVISION, IN THE CITY OF FORT COLLINS, COLORADO, FROM "C" RESIDENCE DISTRICT TO "D" COMMERCIAL DISTRICT r Motion was made by Councilman McMillan, seconded by Councilman Colwell, that Ordi- nonce No. 26, 1963, be adopted and become a law upon passage. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Honstein and Councilwoman Quinn. ayes: None. The President declared the motion adopted. The following ordinance was presented on first reading: ORDINANCE NO. 28, 1963 ACCEPTING AND APPROVING THE PLAT OF WHAT IS KNOWN AS.THE FIFTH FAIRVIEW ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO, AND AUTHORIZING T E ANNEXATION OF ALL THE TERRITORY EMBRACED IN SAID PLAT TO THE CITY OF FORT COLLINS AND TO BE INCLUDED WITHIN THE LIMITS AND JURISDIC= TPON THEREOF, PURSUANT TO THE AUTHORITY CONTAINED IN ARTICLE 11, CHAPTER 139, COLORADO RE- VISED STATUTES,.1953. Motion was made by Councilman McMillan, seconded by Councilman Colwell, that Ordi- nance'No. 28, 1963, be considered favorably on first reading and ordered published this 22nd day of August, A. D. 1963, and to be presented for final passage on the 12th day of Septem- bar, A: D. 1963. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, llan, Honstein and Councilwoman Quinn. Noyes: None. The President declared the motion adopted. The furnishing of water rights for the above annexation was waived for the reason that the petition for said annexation was initiated before the passage of the resolution re- quiring the offering of water rights to the City with each annexation. The following petition was presented and read at length: STATE OF COLORADO ss. COUNTY OF LARIMER PETITION AND APPLICATION FOR REZONING TO THE CITY COUNCIL OF THE CITY OF FORT COLLINS, COLORADO .4 ntlemen: 117 August 22. 1963 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: South 150 feet of East 150 feet of Lot 12, Emigh's Subdivision, Fort. Collins, and beginning 150 feet west of SE Corner, Lot 2, Emigh's Subdivision, thence West 91 feet, North to,.a point 270 feet, thence East 91 feet, thence South to beginning Containing _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" to "D" zone. Respectfully submitted, Ben Olds /s/ W. B. King STATE OF COLORADO) ) as. COUNTY OF LARIMER) The foregoing instrument was acknowledged before me this 16 day of August By Ben Olds and W. B. King for the purposes therein set forth. My commission expires October 30, 1963 /s/ Tom J. Gleason Notary 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. Motion was made by Councilman Colwell, seconded by Councilman Johnson, that this be referred to the Planning and Zoning Board for their recommendation. Roll was called re- sulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Honstein.and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The following petition was presented and read at length: PETITION AND APPLICATION FOR ANNEXATION STATE OF COLORADO) ) as. COUNTY OF LARIMER) CITY COUNCIL OF THE CITY OF FORT COLLINS FORT COLLINS, COLORADO GENTLEMEN: WHEREAS, We the undersigned are the owners of more than 50% of the area and com- prise the majority of land owners residing in the area.which is described as situate in the County of Larimer, State of Colorado, to -wit: A portion of the N2 of Section 16, Township 7 North, Range 69 West of the 6th P.M., County of Larimer, State of Colorado, which considering the North line of said Section 16 as bearing N 89035130" W and with all bearings contained herein relative thereto is contained within the boundary lines which begin at a point which bears N. 89035130" W. 1485.00 feet from the NE Corner of said Section 16 and run thence S. 00025' E 1320.00 feet; thence N 89*35130" W 2475.00 feet; thence N 000251 W,1320.00 feet; thence S 89035130" E 330.00 feet; thence S 001251 E 660.00 feet; thence S 89035130" E 330.00 feet; thence S 00025' W 147.506 feet; thence S. 89°35'30" E 330.00 feet; thence N 00025' W 512.494 feet to a point.on the North line of said Section 16; thence S. 89035'30" E 476.54 feet; thence S. 00010115" E 962.00 feet along the Westerly boundary of Maxwell's 2nd Annexation to the City of Fort Collins, Colorado; thence S 89°35130" E 220.00 feet; thence N 00010115" W. 962.00 feet; thence S. 89035130" E. 293.46 feet; thence S. 00025, E 514.00 feet; thence S. 89035130" E 330.00 feet; thence N 00025, W. 514.00 feet; thence S 89035'30" E 165.00 feet to the point of beginning, containing 57.3587 acres, more or less. AND WHEREAS, said lands are contiguous with the City Limits of the City of Fort llies, Colorado, and more than one -sixth of the aggregate external boundries of said lands incide with the existing boundries of the City of Fort Collins, and WHEREAS, a plat of said lands has been prepared in accordance with the provisions the Colorado State Statutes and the Ordinances of the City of Fort Collins, 4 copies of ch said plat is herewith submitted. NOW, THEREFORE, it is respectfully petitioned that said plat comprising the above described lands, be accepted and approved, that the territory embraced therein, to be known as the West Mulberry First Annexation to the City of Fort Collins, Colorado be included within the limits and jurisdiction of the City of Fort Collins, Colorado, and further that said lands be included in the "A" zone under the zoning Ordinance of the City of Fort Collins at Fort Collins, Colorado, this 31st day of July, 1963, A.D. 118 Respectfully submitted: /s/ Evelyn K. Anderson Roscoe V. Anderson STATE OF COLORADO) ) as. COUNTY OF LARIMER) A ugus_t_22_,6 /s/ Joe W. Rogers Virginia L. Rogers Thomas R. Jennaway Edith M. Jennaway Philip Selch Mary Lou Selch The foregoing instrument was acknowledged before me this 22nd day of August, 1963 By Roscoe V. Anderson for the purposes therein set forth. My commission expires April 13, 1965. /s/ Olive W. Faulkner Notary Public Motion was made by Councilwoman Quinn, seconded by Councilman Honstein, that this be referred to the Planning and Zoning Board for their recommendation. Roll was called re - suiting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Honstein and Council- n Quinn. Nayes: None. The President declared the motion adopted. The following.ordinance was presented on first reading: ORDINANCE NO. 29, 1963 BEING AN ORDINANCE AMENDING SECTION 11-8 OF THE CODE OF ORDINANCES OF THE CITY OF FORT COLLINS, COLORADO, 1958, AS AMENDED, RELATING TO RATES TO BE CHARGED AT THE CITY DUMP Motion was made by Councilman Johnson, seconded by Councilman Honstein, that Ordi- nance No. 29, 1963, be considered favorably on first reading and ordered published this 22nd day of August, A. D. 1963, and to be presented for final passage on the 12th day of Septem- ber, A. D. 1963. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Honstein and Councilwoman Quinn. Napes: 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 GIVING OF A QUIT CLAIM DEED TO THE STATE BOARD OF AGRICULTURE IN EXCHANGE FOR A QUIT CLAIM DEED FROM THE STATE BOARD OF AGRI- CULTURE TO CORRECT THE DESCRIPTION OF THE SITE OF SOLDIER CANYON .RESERVOIR. WHEREAS, by quit claim deed dated !`larch 13, 1926, and recorded March 16, 1926, in Book 512 at page 226 of the Larimer County Records, the State Board of Agriculture granted to the City of Fort Collins, Colorado, a municipal corporation, at ract of land for the site of what is now known as Soldier Canyon Reservoir, and WHEREAS, it has been discovered that the description used in said quit claim deed was erroneous, and WHEREAS, both the State Board of Agriculture and the City of Fort Collins desire to correct the errors in said deed by exchanging -deeds, and WHEREAS, the City Attorney has prepared a deed to the State Board of Agriculture reconveying the property described in the deed above referred to the State Board of Agricul- ture, and WHEREAS, a deed has also been prepared deeding to the City of Fort Collins from the State Board of Agriculture the property which was intended to be conveyed by the quit claim deed first above referred.to, and WHEREAS, the State Board of Agriculture has agreed to execute and deliver said last mentioned deed to the City of Fort Collins. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the exchange of deeds above referred to is hereby approved. BE IT FURTHER RESOLVED that the Mayor and City Clerk be and they hereby are auth- orized and directed to execute the deed from the City of Fort Collins, Colorado, to the State Board of Agriculture for and on behalf of the City of Fort Collins. BE IT FURTHER RESOLVED that the City Attorney is authorized and directed todeliver said deed to the State Board of Agriculture upon receiving the deed from the State Board of Agriculture to the City of Fort Collins, Colorado. Passed and adopted at a regular meeting of the City Council held this 22nd day of August, A. D. 1963. ATTEST erk /s/ Harvey G. Johnson Mayor 119 August 22, 1963 Motion was made by Councilman Johnson, seconded by Councilman McMillan, 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 City Attorney presented the following communication: August 15, 1963 Arthur E. March Attorney for City of Fort Collins City Hall Fort Collins, Colorado Dear Arthur: As requested in your letter of July 26, 1963, the resolution from the City Council, which requires an offer to sell water rights to the City of Fort Collins for annexation of addi- tional acreage to the City, was presented to the State Board of Agriculture at its meeting August 10, 1963. The Board, in its discussion of the resolution, gave special attention to the long-term water needs of the University as they relate to the expansion of the main campus and the Foothills Campus, and their conclusion avast hat the University will, in all probability, need all of the water presently, owned by the Board and very likely will need more water as the West Campus developments are expanded. As a result of these deliberations, I was instructed to inform you and the City Council that the present policy of the Board is not to sell any of the water presently owned, but during periods when the Board's water supply exceeds the demands, the Board will rent to the City upon request from the City Council. Will you please convey this information to the Council? Sincerely, /s/ C. L. Terrell Secretary The City Attorney reported that he had received a call from Mr. F. W. Michael, President of the Poudre Valley Hospital District in reference; to the truck traffic past the hospital. Mayor Johnson presented the following communication. August 21, 1963 The Honorable HaLvey Johnson, Mayor, City of Fort Collins 300 LaPorte Avenue Fort Collins, Colorado (Dear Mayor Johnson: At the regular meeting of the Board -of Directors of the Poudre Valley Hospital District on August 21st, considerable concern was expressed over the disturbance being caused by diesel powered trucks passing the hospital. This is particularly objectionable during the night. To be awaked during the night certainly does not aid the patients recovery and patients facing surgery experience unnecessary mental anxiety when they are awaked and cannot go back to sleep. We realize that there are many problems involved in controlling this traffic, but we would sincerely appreciate your directing the attention of the administration of our city to the solution of this problem. Yours very truly, IPoudre Valley Hospital District /s/ F. W. Michael, President There was considerable discussion in reference to the heavy -traffic between East Prospect and East Elizabeth via Riverside Drive. The Mayor advised the Council that he had met with the County Commissioners regarding this question but no definite plan had been evolved in reference thereto at this time. After further discussion, motion was made by Councilman McMillan, seconded by Councilman Johnson, that"LeMay Avenue from East Prospect to East Elizabeth be posted as a no truck route. 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 reported on the request of the First Free Methodist Church for la one inch water t-ap on Lot 3, Block.1, 6th Fairview Subdivision, to serve both the church 120 Ads t_22,=L963 and the parsonage. He advised the Council that he could find nothing in the ordinance that would require more than one tap but that.the one inch tap, if granted, would have to be metered for the church and the parsonage both. After discussion, motion was made by Council- woman Quinn, seconded by Councilman Johnson, that the request for a one inch tap be denied and that two water''taps be required for the church and the parsonage. Roll was called !resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Honstein and Councill- woman Quinn. Nayes: None. The President declared the motion adopted. The following communication was presented and read at length: August 12, 1963 MEMO TO: City Council, City of Fort Collins FROM: DAVISON DEVELOPMENT CO. SUBJECT: Request for curb cuts REMARKS: In completing plans for off-street parking for Lot 1 of the Campus.West Shopping area, we hereby respectfully request permission for two (2) thirty -five-foot (35) curb cuts. Onecut will be located on West Elizabeth 175 feet east (on center) from the west boundary of Lot 1. The second will be located on South Shields 18 feet north (on center) from the south boundary of Lot 1. These cuts have been requested by'the tenants and are necessary to provide maximum flow of traffic in and out of the off-street parking area and will provide a mini- mum of interference with traffic at the intersection of Elizabeth and Shields. /s/ Davison Development Co, Inc. Dana Peitersen, Pres. This request has the approval of the City Engineer. After discussion, motion was made by Councilman McMillan, seconded by Councilman Colwell, that the request for curb cuts, as shown on the attached plat, be approved. 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 application was presented and read at length: Application of a Non -Resident for a Temporary Revocable Permit to Take Water from the Fort Collins, Colorado, System of Water Works TO THE CITY MANAGER OF THE CITY OF FORT COLLINS, COLORADO: The undersigned, owner of the following described property adjacent or close to but not within the corporate limits of the City of Fort Collins, Colorado, to -wit: A part of the SE4 of the SE4 of Sec 16-7-69 of the 6th P.M. Larimer, County , Colo, which considering the East line of the SE4 of said Sec. 16 as bearing N. 00°25' W. and with all bearing herein relative thereto, is contained within boundary liras beginning at a point on the South line of the SE4 of said Sec. 16, and N. 89°33'*W. 238.71 from the SE cor. of said Sec., and running thence N. 89033' E. 135 feet, along the South line of the SE4 of said Sec. 16, thence N. 00*251 W. 322.7 feet, thence,S. 89°33' E. 135 feet and thence S. 00°251 E. 322.7 feet, to the point of beginning; subject tothe Right-of-way for the County Road over the South 30 feet thereof. does hereby respectfully petition the City of Fort Collins for permission to tap the Fort Collins Water Works distribution main at 2120 West Prospect Street, -_5/8 inch tap for the purpose of supplying water to said property. It is expressly understood and agreed by the undersigned,that if granted, said tap shall be in consideration of and upon the following terms and conditions to -wit: 1. The permit if granted shall be revocable and applicant shall immediately.exe- cute a new application upon terms therein set forth upon request to dos o by he City of Fort Colins, Colorado. 2. Applicant agrees to enter into an agreement with the City of Fort Collins in accordance with the provisions of resolution adopted on June 27, 1963. 3. Applicant agrees to abide by all of the rules. regulations end ordinances of the City of Fort Collins, Coloradom and the Laws of the State of Colorado pertaining to the use of said water asfully as if said permises were located within the corporate limits of the City of Fort Collins, Colorado. 4. Applicant.understands and agrees that the City of Fort Collins, if the within application is approved, reserves the right to discontinue the service of water to the under signed, his successors, heirs, and assigns at any time when, in the judgment of the City Council, the interests of the City of Fort Collins require the discontinuance of such ser- vice. Dated at Fort Collins, Colorado, this 16 day of August, A. D. 1963. /s/ Jacob 1. Kovmer 2120 W. Prospect Street y manager a 121 Au91st-22.._1_963. The following communication was presented and read at length: City Engineer's Offide August 22, 1963 Mr. William Widdows City Manager City of Fort Collins, Colorado Dear Sir: Mr. Jacob L. Kovner has applied for a Rural Water Tap for his property at 2120 Weiit Prospect Street, described as: A Part of the SET of the SE4 of Sec. 16-T-69 W of the 6th P.M. Larimer County, Colorado, which considering the East line of the SE4 of said Section 16, as bearing N. 00° 25' W and with all bearing herein relative thereto, is contained within boundary lines be- ginning at a point on the South line of the SET of said Section 16, and N. 89033' W. 238.7' from the SE cor. of said Sec., and running thence N. 89033' E. 135 feet, along the South line. of the SE4 of said Sec. 16., thence N. 00025' W. 322.7', thence S. 89033' E. 135 feet and I thence S. 00025' E. 322.7 feet, to the point of beginning; subject to the Right-of-way for the County Road over the South 30 feet thereof. Mr. K ovner is applying for one 5/8 inch tap. There is an 8 inch water main in Taft Hill Road, and his property is approximately 300 feet West of Taft Hill. Yours very truly, /s/ G. J. Weiss, City Engineer. After discussion, motion was made by Councilman McMillan, seconded by Councilman Colwell, that the tap be approved and referred to the City Attorney to prepare an agreement subject to the water rights and annexation clauses. 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: VERNON S. WINKEL Consulting Structural Engineers August 15,'1963 Mr. G. J. Weiss, City Engineer Municipal Building Fort Collins, Colorado Re: Proposed Food Market Bldg. 423 Cowan Street at Mulberry St. Fort Collins, Colo. Dear Mr. Weiss: I would like to resubmit for the approval of the City Council the plot plan showing the re- commended changes. You mentioned in your letter of August 5, that the parking area may be grassed or completely concreted. Would it be,possible int he interest of economy to pave this area with asphalt instead of concrete (with blocks to prevent automobile parking in this area)? Would the building of sidewalks be mandatory at this time? I would like to obtain permission also to tap a 4 inch water line into the water main in Mulberry Street for service to the building. Thank you for your consideration. Yours truly /s/ Vernon S. Winkel The only portion of the above request that was considered by the Council at this time was the three curb cuts shown by the plat accompanied sith this request. Motion was made by Councilwoman Quinn, seconded by Councilman Honstein, that the request for the three curb cuts be approved. 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: 609 Juniper Lane Fort Collins, Colors August 19, 1963 TO: The City Council of Fort Collins 122 August-22_,_1963 Gentlemen: May I respectfully request your attention to the following matter which a number of parents living in the Sheely-- addition have asked me to communicate with you about. Since the children living in our vicinity have been assigned to the new Bennett. School, and since according to the plans of the School District all but a few students living far from town will walk to the school, the traffic conditions along the route our children will have to use are a matter of se3ious concern. Most, if not all the children in the Sheely addition and the neighboring Blevins Addition and Aggie Village will have to use Prospect Avenue and Shields in order to reach the school. A possible alternative route for some in LOke Street and Shields. As you know, not only arethere no sidewalks (except for a few feet on Prospect and a few feet on Shields) along the main walking route, but both streets are main arteries that feed a very heavy traffic into the University and into the business district at the I very hour that our children will be on their way to school. Some 100 children, at a conservative estimate made by•the School District officials including kindergardeners', will thus be required to walk from 8/10 of a mile to a full mile) along an extremely busy route without sidewalks or other demarked walking and bicycle lanes. The convergence between 8:00 and 9:00 A.M. of more than 100 children and a very heavy flow of cars creates a serious hazard, and when s±iool dismisses in the afternoon, an only some- what lesser hazard will be present. I have consulted with the officials of the School District, rto were most coopera- time and sympathetic, but who informed me that it is absolutely impossible to -provide bus service for these children. At their suggestion, I also consulted with the City Engineer, who advised that while'some steps could be taken tolprovide a walking lane along Prospect and Shl:lds by his'department, a traffic control system that would provide minimum protec- tion for our children --especially in the winter months, when both streets become extremely hazardous due to snow and ice--regaires consideration and approval by the City Council . In view of the closeness of the opening of school and the urgency of the matter, I would greatly appreciate an opportunity to present this request personnally at the Coun- cil meeting on Thursday coming and provide any information you may desire. Meantime, if { the members of the Council should travel the Prospect -Shields route by car, it might be 1 helpful to observe the conditions about which we parents have become concerned. Your consideration of this request and the permission to address the Council on Thursday, August 22, will b e most greatly appreciated. Sincerely yours; Sidney Heitman i Mr. Heitman was present and explained further the request that was contained in the above communication. After considerable discussion in reference to the methods of controlling the traffic for the safety of the children and the mute for them to follow, the matter was referred to the City Engineer to contact the County in reference to a coopera- tive effort in this matter. Mr. W. J. Bartran appeared before the Council in reference to the report of the Planning and Zoning Board meeting June 5, 1963, in reference to the purchase of an area to be known as Fairview Park in the Fairview Annexation location. He requested the Counc- il to give him a reply,if they were irterested,by September 15, 1963. The Mayor advised I Mr.•Bartran that they would look into the matter further and advise him. I� Mayor Johnson reported that there was a meeting held with the members of the County Commissioners, the Loveland City Council and the Fort Collins City Council in refer- ence to a request of the State Health Department to combine all health problems under -a- County Health Board. It 'appears that the members of the various Council's and the County Commissioners are not very much in favor in establishing an all County health department. No further action was taken with the suggestion at this time. Motion was made by Councilwoman Quinn, seoonded by Councilman Colwell, that the Council adjourn. 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 ad;journ6d. / In II r