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HomeMy WebLinkAboutMINUTES-02/06/1964-Regular271 February 6. 1264 MINUTES OF A REGULAR MEETING OF THE COUNCIL OF THE CITY OF FORT COLLINS, Held Thursday, February 6, 1964, at 1:30 o'clock P.M. Present: Councilmen Johnson, Colwell, McMillan, Honstein and Councilwoman Quinn; City Manager Boos, City Attorney March and City Engineer Weiss. Motion was made -by Councilwoman Quinn, seconded by Councilman Honstein, that thel reading of the minutes of the last regular meeting held January 23, 1964, be dispensed with; Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Honstein and Councilwoman Quinn. None. The President declared the motion adopted. This being the date to which the application of L. Wesley Briggs dba the Chef Restaurant, 181 North College Avenue, for renewal of 3.2 beer license to the State of Colo- rado, was tabled, the application was again presented. Mr. W. H. Allen, Attorney for Mr. Briggs, appeared before the Council and asked that they take action onthis renewal for the reason that there was nothing in the records to show that Mr. Briggs was not entitled to a renewal and that the petition of the nearby business interests was brought about by the misunderstanding of the use of the enlargement of the restaurant by making basement rooms. The Mayor advised Mr. Allen that the reason that the Council had taken as much time as they had on action for this application was the reported installation of a '_-bar '- and use of the basement room for a tavern. After further discussion, in which it was brought out that the basement room would not be used as a tavern, motion was made by Councilman McMillan, seconded by Councilman Colwell, that the application of L. Wesley Briggs dba Chef Restau- rant, -to the State of Colorado, for renewal of 3.2% beer license, 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 application of L. Wesley Briggs dba The Chef Restaurant, 181 North College 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 Honstein, seconded by Councilwoman Quinn. that the license be granted subject to the issuance of the State license. Roll w as called resulting as follows: Ayes: Councilmen Johnson, Colwell, Me- Millan, Honstein and Councilwoman Quin6. Naves: None. The President declared the motion adopted. The application of Gene Ray Kapperman and Ethel Kapperman dba Genets Place, 200 Walnut Street, to the State of Colorado for 3.2% beer license, was presented. The City Clerk advised the Council that the law had been o-omplied with as far as the posting of notices, etc, and bond has been furnished and the application was in order for consideration. The following report of the Chief of Police was presented and read at length: January 15, 1964 To: Mr. R. Boos From: R. Hollady Subject: Gene Ray Kapperman and Ethel Kapperman - Application for Retail Fermented Malt Beverage License, On January 7, 1964, this department initiated an investigation into the background of the above mentioned applicants relative to their request for a beverage license. The following is a resume of the investigation: Criminal History Gene Ray Kapperman - Sheriff's Department - no record. Fort Collins Police Department - no record. Fairbury, Nebraska Police Department - no record. Berthoud, Colorado Police Department - no record. Federal Bureau of Investigation - Prints submitted - wating for returns 272 Neighbors Mr. Roy Patterson, 1700 LaPorte Avenue, Apt. 49, neighbor, comments favorabl on applicant. He is friendly and courteous and has never had any disturbanc at his residence. Mrs. Harold Stewart, 1700 LaPorte Avenue, Apt. 36, neighbor, has known Kapperman for 18 months and states he hnd his wife are courteous and fri and have never caused any trouble or disturbance. Ethel Kapperman - Sheriff's Department - no record. Fort Collins Police Department - no record. Fairbury, Nebraska Police Department - no record. Chief commented that Mrs. Kapperman ran own business for a number of years ar operated it decently. There is no record of any difficulty or disturbances at her business. She employed respectable people as bartenders and waitresse Berthoud, Colorado Police Department - no record. The Chief of Police stat that Mrs. Kapperman has operated her business properly while in that city. His records indicate no police contacts of any kind. He stated that Mrs. Kapperman still owns property in that city. Federal Bureau of Investigation - prints submitted, waiting for returns. Neighbors Mrs. George 8evard, 1891 Orchard Place, neighbor , does not know applicant too well but knows of no trouble or disturbances in the three years whe has been a neighbor of Mrs. Kapperman,.. Mrs. Doris Forester, 1804 Broadview, neighbor, does not know too well. No social contacts other than an occasional visit in the backyard. States Kapperman's entertain quite frquently, but mostly family. No touble or disturbances. References All references, quite naturally, spoke highly of applicants. It was discovered that refer- ence #1, Clem Peatrowsky, held the mortgage on most of theequipment in Cole's Tavern. Therefore, if the sale of the place is consumated, the Kapperman's will be making payments to Peatrowsky. Miscellaneous Comments Mr..George Deines, owner of the Royal Crown Bottle Company, Mountain and Howes, also owns the building in which Cole's Tavern is located, is not particularly happy to give the Kapperman's a lease. He would not comment other than to say that he would rather lease to another party and that his knowledge of Mrs. Kapperman was only hearsay. It is understood now that Mr. Dienes did finally agree to lease to Mrs. Kapperman for a of five ,years. Mrs. Kapperman has worked at Cole's Tavern and has made the comment to various officers over a period of time that she thought Cole's Tavern was not operated properly and that the rowdyism should be stopped. These comments, according to Sgt. Nealy, were made long.before Mrs. Kapperman planned to purchase the tavern. In summary, the Kapperman's reputations appear to be good. Mr. Deines' reaction was the only negative one, and passive at that. This officer talked with both applicants and.informed them of our responsibility as well as theirs. They promised to allow us to fingerprint all present and future employees for past criminal records. They promised complete cooperation. Recommendation This officer recommends that license be granted. Respectfully submitted, Isl R. E. Hollady Chief of Police There being no objections to the issuance of the license and after further dis- cussion, motion was made by Councilman Colwell, seconded by Councilwoman Quinn, that the application of Gene nay Kapperman and Ethel Kapperman dba Gene's Place, to the State of Colorado, for 3.2% beer license, 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 application of Gene Ray Kapperman and Ethel Kapperman dba Gene's Place, 200 Walnut, to the City for a non -intoxicating malt liquor license, accompanied by the required 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 called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Honsteina nd Council- Dd 273 February 6, 1964 n Quinn, Nayes: None. The President declared the motion adopted. The following report was presented and read at length: 0. Rex Wells January 23, 1964 City Engineer Fort Collins, Colorado Dear Sir: The proposed West Fort Collins Water District recommends that the City issue a ater tap to James Odle for the reason that it appears to be impossible for the District to erve him with water. Sincerely Is/ Marland De Groot /s/ By 0. Rex Wells Attorney for the District Motion was made by Councilman Honstein, seconded by Councilwoman Quinn, that the tter be referred to the City Attorney to prepare the necessary agreement. Roll was called ulting as follows: .Ayes; Councilmen Johnson, Colwell, McMillan, Honstein and Council- n Quinn. Nayes: None. The President declared the motion adopted. The following certification was presented and read at length: TATE OF COLORADO ) CITY CLERK'S CERTIFICATE OUNTY OF LARIMER ) SS. OF ELECTION RESULTS, ITY OF FORT COLLINS ) Miles F. House, does hereby certify: 1. That he is the City Clerk of the City of Fort Collins, in the County oftLarime and State of Colorado. 2. That immediately upon closing the polls and after all electors had departed th from, the judges of election unlocked the ballot boxes and counted the votes. Within twenty two hours after closing the polls, said judges certified the number of votes and t he electio results to the undersigned City Clerk and deliveredt o him all used and unused ballots and election supplies and records. 3. That thereafter on Friday, the 31st day of January, 1964, the Board of Elec- Itions of the City canvassed the vote and certified the results of the election to the City Clem the results being ascertained, determined, and certified in accordance with the re- �quirements of the Charter of the City of Fort Colins and the Constitution and laws of the State of Colorado. 4. That the following and succeeding is a true and correct abstract of the votes ast at said election on the proposed charter amendment, as shown by the returns thereof; Schedule of Votes and Election Results Precinct Total Designation Cast For Against Invalid IA-1 10 9 0 19 74 B-2 38 36 0 B-3 48 36 0 84 'B-4 59 59 0 118 c-1 48 37 G 85 1 04 c-3 34 48 0 76 c-4 84 59 O 143 c-5 106 42 0 148 . 0 c-7 55 25 80 c-8 62 36 0 98 c-9 95 35 0 130 D-1 39 16 0 55 D-2 40 40 1 81 D-3 44 27 0 71 �E=1 79 41 0 120 IE-3 60 26 72 46 0 E-4 90 35 0 125 E-5 74 50 2 126 -6 .109 33 0 142 Totals: 1366 814 3 2183 IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort ollins this 31st day of January, 1964. 274 February 6,.L264 /s/ Miles F. House City Clerk Fort Collins, Colorado (SEAL) STATE OF COLORADO ) CERTIFICATE OF COUNTY OF LARIMER ) SS. ELECTION BOARD CITY OF FORT COLLINS ) We, the undersigned, the Board of Elections duly assembled on the 31st day of January, 1964, i.e. the third day following the special municipal election held on Tuesday, the 28th day of January, 1964, for the purpose of canvassing the election returns on the charter amendment proposal submitted at said special election, do hereby certify and de- clare that we have determined the total number of legal votes cast for -and against said measure and that t he foregoing schedule of votes and election results is a true and com- plete abstract of the results of said special municipal election as shown by the returns from the several voting precincts in the City of Fort Collins, Colorado. The Charter amendment proposal did carry. IN WITNESS WHEREOF, we have hereunto set our hands and have affixed the oficial seal of the City of Fort Collins this 31st day of January, 1964. sl Miles F. Hou /a/ Marion A. Knight (SEAL) /s/ Laura A. Straub Thereupon Councilman Honstein moved that the City Council accept the certificates of the Clerk and Board of Elections of the returns on the charter amendment and declare that the Charter amendment question did carry. Councilwoman Quinn seconded the motion. Th question being upon the acceptance of said charter amendment returns and upont he result that said question did carry, the roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Honstein and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The Mayor thereupon declared the report was accepted and said motion did carry. Councilwoman Quinn introduced the following resolution which was read in full: RESOLUTION WHEREAS, at the special municipal election duly called and held within the City of Fort Collins (herein sometimes designated as the "City"), in the County of Larimer and State of Colorado, on Tuesday, the 28th day of January, 1964, there was submitted tot he qualified electors of the City the following question: "Shall Section 20, Part II, Article V, of the Charter of the City of Fo Collins, Colorado, be amended to read: "Section 20. Indebtedness and Limitations.Indebtedness and obliga- tions against the City shall be incurred and limited as provided in Article XI of ' the Constitution of the State of Colorado; provided that in determining the lim- itation of the City's power to incur indebtedness there shall not be included bonds issued to evidence debts contracted for supplying water to such City or for the acquisition or extension of public utilities, enterprises, works, or ways from which the City will derive revenue; and,T ovided further, that no general obligation bonds shall be issued without the vote of the taxpaying electors and, no revenue bonds shall be issued without the vote of the qualified electors, except as follows: "(a) The Council shall have the power and it shall be its duty to refunc all bonds and bond issues whenever the same is advantageous to the City, but such refunding bonds shall not be less favorable tot he City than the original issue; "(b) The Council shall have the power to issue special improvement dis- trict bonds; "(c) The Council shall have the power to issue bonds to finance the improvement or extension of a municipally owned and operated utility, if said bonds shall be payable solely out of revenue to be derived from the operation of such utility; "(d) The Council shall have the power to issue general obligation bonds, without an election, to evidence debts.contracted for supplying water to such City, said bonds and any interest thereon to be payable at such time or times and upon such terms or conditions, not otherwise inconsistent with this Charter, as the Council may by ordinance determine." and WHEREAS, the Council has determined and does hereby declare that the results of said election are as follows: CHARTER AMENDMENT 265 February 6, 1964 FOR AGAINST TOTAL: 1366 814 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS, colorado: Section 1. The question proaosiag: the amendment of section 24 Part II, Article V, of the Charter of the City of Fort Collins, Colorado, submitted to the qualified electors of the City at the special municipal election held on Tuesday, the 28th day of January, 1964, carried; and said question is hereby declared to have been adopted. Section 2. All action h'erete-ore': taken by the Council and by the officers of the City (not inconsistent with the provisions of this resolution) directed: (a) Toward the amendment of the City Charter and (b) Toward holding an election thereon be, and the same hereby is, ratified, approved, and confirmed, including; without limita- tion the giving of notices of the election and the registration of electors. Section 3. The officers of the City be,and they hereby are, authorized and dire- cted to take all action necessary or ap propriate to effectuate the provisions of this resolution, including without limiting the generality of the foregoing, the publication and the filing of the results', of the election. Section 4. If any section. -paragraph, clause, or provision of this resolution shall for any reason be held to be invalid or unenforceable, the invalidity or unenforcea- bility of such section, paragraph, clause, or provision shall not affect any of the re- maining provisions of this resolution. Section 5. All resolutions, by-laws, regulations, or parts thereof in conflict with this resolution are hereby repealed to the extent only of such inconsistency. This repealer shall not be construed to revive any resolution, big -law, regulation, or part there of heretofore repealed. Section 6. This resolution shall be recorded in the City book of resolutions kept for that purpose immediately•on its final passage and shall b e authenticated by the signatures of the Mayor and City Clerk. FINALLY PASSED AND ADOPTED this 6th day of February, 1964. APPROVED by the Mayor this 6th day of February, 1964. /s/ Harvey G. Johnson Mayor ( SEAL ) Attest: /s/ Miles F. House Motion was made by Councilwoman Quinn, seconded by Councilman Colwell, that said resolution be adopted and passed. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Honstein and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. After roll the presiding officer thereupon declared the motion carried by the affirmative vote of a majority of the members present and declared said resolution adopted and passed. The following report was presented and read at length: February 5, 1964 To: The Fort Collins City Council From: The Planning and Zoning Board Subject: #1-64 Thunderbird Estates, 5th Annexation At the regular meeting of the Board, held February 4, 1964, the following action was taken on the above subject. It was moved, seconded and voted unanimously to "approve the Thunderbird Estates Fifth Annexation, subject to arrangements being made for dedication of a service road at the southwest corner adjoining College Avenue". Before final approval of the annexation a deed should be delivered to the City, conveying a parcel i5' x 30f for street and highway purposes. /s/ Gene Allen Secretary Motion was made by Councilman McMillan, seconded by Councilwoman Quinn, that the recommendations of the Planning and Zoning Board be accepted and referred to the City Attorney to prepare the necessary resolution and notice of hearing. Roll was called result- ing as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Honstein and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. 276 The following report was presented and read at length: Febr-uar_y 6_,=L9.61} February 5, 1964 To: The Fort Collins City Council From: The Planning & Zoning Board Subject: #3-64 Proposal to vacate Spring Park Drive and re -dedicate it while replatting Block 2 and Lots 1-7 of Block 10 St. Vrain Subdivision At the regular meeting of the Board, held February 4, 1964, the following two motions were made and passed by unanimous vote. First Motion To approve the vacating of Spring Creek Drive subject to approval by utility departments. Attorney Art March, Jr. stated the vacating should be done by transfer of deed to owners of adjacent land. Second Motion To accept the replat of Block 2 and Lots 1-7 of Block 1, St.-Vrain Subdivision, subject to a check of details and signing of customary agreements regarding improvements. /s/Gene Alle n Secretary The re -plat of Block 2 and Lots 1 to 7 inclusive of Block 1, St. Vrain Subdivisio was presented for consideration. After discussion, motion was made by Councilman McMillan, seconded by Councilman Honstein, that the re -plat be approved and the vacating of Spring Park Drive be referred to the City Attorney to prepare the necessary ordinance for same. Roll was called resulting as follows: Ayes: Councilmen Johnson, Councilman Colwell, McMillan, Honstein and Councilwoman Quinn. Nayes: None. The President declared the motio adopted. The preliminary plat of the Ninth Fairview Subdivision was presented. Motion was made by Councilman Honstein, seconded by Councilwoman Quinn, that this be referred to the Planning and Zoning Board for their recommendations.' Roll w as called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Honstein and Councilwoman Quinn. Nayes: No Nayes: None. The President declared the motion adopted. The following report was presented and read at length: February 6, 1964 To: The Fort Collins City Council From: The Planning & Zoning Board Subject: #5-64 The plat of Ninth Fairview Subdivision At the regular meeting of the Board, held February 4,. 1964, the above subdivision was approved. Because City Departments did not have sufficient time for a detailed study of the plat preceding the meeting, approval was given subject to study and acceptance by Department Heads. /s/ Gene Allen Secretary Motion was made by Councilman McMillan, seconded by Councilwoman Quinn, to accept the recommendation of the Planning and Zoning Board, subject to the subdivider entering in the usual written agreement with the City for the installation of utilities and public im- provements. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Honstein and Councilwoman Quinn. Nayes: None. The President declared the moti adopted. Mr. Gene Fischer presented a petition for annexation and explained that Mr. Alden T. Hill wished to join the petitioners for annexation of property owned by him and inasmuch as they did not have the time to get and have signed a new petition requested, that the matter be tabled for one week. Motion was made by Councilwoman Quinn, seconded by Councilman Johnson, that the petition and application for annexation of South Shields Street Ninth Annexation be tabled for one week. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Honstein and Councilwoman Quinn. Nayes: Non The President declared the motion adopted. 277 a_ _ru any=,_1961 The City Attorney brought up the matter of North Weld County's request for an easement for their water line and the City Engineer explained the request for same but wished the reaction of the Council on the granting of the easement and such.__%* other terms of the agreement which might be determined by them. The Mayor suggested that the agreement be made as binding as possible in order that they will comply with the necessary safe guards. Motion was made by Councilwoman Quinn, seconded by Councilman Johnson, that the matter be referred to the City Attorney and City Engineer to prepare the necessary agreement for the Councills acceptance. 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 said that he had prepared the necessary resolution to start the creating of the street lighting improvement district. Mr. Gene Fischer and the City Attorney requested the Council to hear Mr. Fischer's objection to replacing the light as panned in this street lighting district. Mr. Fischer requested that the light in front of his house be eliminated. Motion was made by Councilwoman Quinn, seconded by Councilman Colwell, that the request of Mr. Fischer be approved and the City Engineer eliminate the the light in front of Mr. Fischer's house from consideration in the district. 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 resolution was presented and read at length: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FORT COLLINS REFERRING TO THE CITY ENGINEER PETITIONS FOR THE ORGANIZATION OF A STREET LIGHTING IMPROVEMENT DISTRICT FOR CHECKING WHEREAS, 31 petitions have been presented to the City Council for the organizat of a street lighting improvement district on the following blocks, to -wit: Street Lakewood Drive Springfield Drive Westward Drive From City Park Avenue City Park Avenue City Park Avenue To Del Mar Drive Shields Street Shields Street NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT COLLINS that said petitions be referredt o the City Engineer for the purpose of checking the same with respect to compliance with the requirements and provisions of Ordinance No. 32, 1961, relating to local public improvements as amended for the purpose of ascertaining whether or not the required amount of frontage has been property and legally signed. Passed and adopted at a regular meeting of the City Council held this• 6th day of February, ti. D. 1964. ATTEST: s/ Mile ity Cle s/ Harvev G. Jo F. House Motion was made by Councilman McMillan, seconded by Councilman Colwell, 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 resolution was presented and read at length: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FORT COLLINS CONSOLIDATING 31 PETITIONS INTO ONE MENT DISTRICT PETITION FOR ALL PURPOSES. WHEREAS, heretofore various peoperty owners in the L'ity of Fort Collins have peti tioned the City to cause a district to be formed for the purpose of installing street light ing improvements therein,and WHEREAS, among the petitions so filed are 31 petitions covering districts as hereinafter set forth, to -wit: 278 February 6, 196 1. Lakewood Drive from City Park Avenue to DelMar Drive 2. Springfield Drive from City Park Avenue to Shields Street 3. Westward Drive from City Park Avenue to Shields Street WHEREAS, said petitions have been before the City Engineer for consideration and study with respect to consolidating said petitions into one petition for all purposes, and said City Engineer has made a written report to the City Council, stating that the petitions are substantially the same, seeking the same improvement, that the street light- ing improvements requested included in the petitions are practically identical, and that it would be for the best interests of the petitioners, the work contemplated to be done, and reduce the cost to make said consolidation, and WHEREAS, the City Council has considered said above mentioned 31 petitions and t report of the City Engineer and are of the opinion that said consolidation of petitions should be made as recommended, NOW, THEREFORE, BE IT RESOLVED BY THE CITY.COUNCIL OF THE CITY OF FORT COLLINS THAT the above mentioned report of the City Engineer be and the same is hereby approved and adopted and that said 31 petitions shall be and now are consolidated into one petition and shall form one improvement district, and to be known as Consolidated Street Lighting Improvement District No. 1. . Passed and adopted at a regular meeting of the City Council held this 6th day of February, A. D. 1964. /s/ Harvey G. Johnson Mayor ATTEST: s/ Miles F. House ity Clerk Motion was made by Councilman McMillan, seconded by Councilman Colwell, 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 resolution was presented and read at length: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING AND DIRECTING THE CITY ENGINEER TO MAKE THE NECESSARY SURVEYS AND FR EPARE MAPS, PLANS AND SPECIFICATIONS, AND ESTIMATES OF COST OF A PERMANENT IMPROVEMENT DISTRICT, TOGETHER WITH SCHEDULE OF ASSESSMENTS FOR CERTAIN STREETS IN THE CITY OF FORT COLLINS FORT HE PURPOSE OF CREATING A PERMANENT CONSOLIDATED IMPROVEMENT DISTRICT WHEREAS, the owners of more than one-third of the frontage to be assessed for the same included in the following: 1. Lakewood Drive from City Park Avenue to De1Mar Drive 2. Springfield Drive from City Park Avenue to Shields Street 3. Westward Drive from City Park Avenue to Shields Street have petitioned the City Council under the provisions of Ordinance No. 32, 1961, being an ordinance relating to local public improvements for the organization of a permanent improve- ment district within the limits above defined for the purpose of installing street lighting improvements, and WHEREAS, said petitions were duly received by the City Council and duly referred to the City Engineer for the purpose of checking the same with respect to compliance with the requirements and Er ovisions of Ordinance No. 32, 1961, relating to local public improve ments for the purpose of ascertaining whether or not the required amount of frontage had be properly and legally signed, and WHEREAS, the City Engineer has heretofore reported to the City Council on said petitions and found the same duly signed and recommended that appropriate action by the Cit Council be taken thereon, and WHEREAS, the City Council has heretofore consolidated 31 of said petitions into one petition, having found and determined that the improvements sought in said 31 petitions were substantially the same, and WHEREAS, for the purpose of convenience said 31 petitions have been consolidated into one as aforesaid and designated as Consolidated Street Lighting Improvement District No. 1. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT COLLINS that the City Engineer be and he is hereby authorized, empowered and directedto make a com- plete survey of the proposed consolidated district for the purpose of preparing a map, plans and specifications, and an estimate of the cost of said improvement in said district and the amount to be assessed to the respective lots and blocks located in said district, said district to comprise and include t he lots and blocks and lands abutting on said street as hereinabove described and all of said lots and lands to be assessed for the improvement 2 `9 Rj February 64 hereinabove described, which said work, when completed, shall, with all convenient speed, be reported to the City Council for appropriate action for the purpose of organizing said consolidated district as provided by law and providing for the construction of the perma- nent improvement therein accordance with said plans and specifications. Passed and adopted at a regular meeting of the City Council held this 6th day of February, A. D. 1964. /s/ Harvey G. Johnson Mayor ATTEST: /s/ Miles F. House City Clerk Motion was made by Councilman Colwell, 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 communication was presented and read at length: February 5, 1964 The City Council City of Fort Collins Fort Collins, Colorado Gentlemen and Mrs. Quinn: I am enclosing a petition to vacate a utilities easement in the C. W. Johnson Subdivision. This utilities easement lies between Lots 5 and 6 and was originally intended to serve West Coy Drive. Now that West Coy Drive has been vacated and provision has been made for the removal of the gas lines that have been installed,t he easement will have no purpose. The reason that the easement was not included in our original petition is that the plat upon which relied in drafting the petition did not reflect this easement. I am speci- fically excluding any mention of the 5 foot easement which runs along the entire West side of the property and which is now being used. It is the intention of the petitioner to develops this as one large tract (with adequate off-street parking), and there will be no need fort he utilities easement. I am enclosing a copy of the recent survey, as well as a copy of the original sub- division plat, so that you might see how the easement lies. I thank you in advance for your assistance in this matter. Very truly yours, /s/ John E. Kochenburger The following petition was presented and read at length: To: The Honorable City Council City of Fort Collins Fort CollJns, Colorado Gentlemen: DELTA ETA HOUSE ASSOCIATION respectfully petitions and request the City Council of the City of Fort Collins, Colorado, to vacate the following described utilities easement which is located in the C. W. Johnson Subdivision in the City of Fort Collins, Colorado. In support of this petition, and as grounds therefor, petitioner respectfully represents the following: 1. Petitioner is the owner of the properties abutting the utilities easement requested to be vacated. 2. The utilities easement which petitioner requests to be vacated has never been used for utilities purposes or for any other public purpose. 3. When the public street was vacated the reason and purpose for this easement no longer existed and the sail utilities easement serves no purpose. 4. The request to vacate the utilities easement is based upon a desire that the land owned by petitibmer be marketable 'and that.if the easement is not vacated the land will not be marketable. 5. The description of the easement requested to be vacated is as follows: The easement for utilities lying and being between Lots 5 and 6 of the C. W. Johnson Subdivision, a part of the NE!, of the NE4 of Section 15, Township 7 North, Range 69 West of the 6th P.M., Larimer County, Colorado, except the West 5 feet thereof. Said utilities easement is also described as being: Ee_br_u ar_y 6_,=196)I The North 5 feet of Lot 6, except the West 5 feet thereof, and the South 5 feet of Lot 5, except the West 5 feet hereof, in the C. W. Johnson Subdivision, part of the NE4 of the NEl of Section 15, Township 7 North, Range 69 West of the 6th P.M., Larimer County, Colorado. Respectfully submitted,, DELTA ETA HOUSE ASSOCIATION /s/ By John E. Kochenburger Their Attorney and Agent Motion was made by Councilman McMillan, seconded by Councilwoman Quinn, that this vacation petition be referred tot he City Attorney to prepare the necessary ordinance. Rol was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Honstein and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The following resolution was presented and read at length: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FORT COLLINS APPROVING AN AGREEMENT WITH LESLIE A BROWN AND NELLF N. BROWN PERMITTING USE OF WATER OUTSIDE OF CITY LIMITS WHEREAS, an application was heretofore made to the 6ity Council for permission to tap the water mains of the water system of the City of Fort Collins by LESLIE A. BROWN and NELLE N. BROWN, and WHEREAS, under the provision of Section 21-27 of the Code of Ordinances of the Ci of Fort Collins no additional taps for new consumers outside t he city limits of the City of Fort Collins shall be permitted, except as the City Council expres1y provides for by resolution, and WHEREAS, the City Council has approved said application subject to the entering into by said applicants of agreement in connection with the granting of the application, a WHEREAS, the City Attorney has prepared an agreement in accordance with the pol- icy heretofore adopted by the City Council. NOW, THEREFORE, BE IT RESOLVED that the application of the above mentioned parti 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 6th day of February, A. D. 1964. ATTEST: y s/ Harvey G. Johnso ayor F Motion was made by Councilman Colwell, seconded by Councilman Honstein, 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 resolution was presented and read at length: RESOLUTION OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING THE ERECTION OF A STOP SIGN IN THE ALL IN BLOCK 21 AND A FOUR-WAY STOP AT THE INTERSECTION OF OAK AND MASON STREETS AS RECOMMENDED BY THE TRAFFIC ENGINEER WHEREAS, the Traffic Code of the City of Fort Collins provides that the Traffic Engineer may adopt regulations affecting the Traffic Code which shall be effective after adequate signs are posted and after approval by resolution of the City Councillp and WHEREAS, the Traffic Engineer has recommended that a stop sign be erected in the alley in Block 21 behind the America Building, and WHEREAS, the Traffic Engineer has further recommended that a four-way stop be established at the intersection of Oak Street and Mason Street, and WHEREAS, it is the opinion 'of the City Council that such recommendations should b accepted and stop signs erected giving notice thereof. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that NTM !'/lit Re.br_uary 6_,=1:9_64— the recommendations presented by the Traffic Engineer be and the same hereby are adopted and approved. Passed and adopted at a regular meeting of the City Council held this 6th day of February, A. D. 1964. /s/ Harvey G. Johnson Mayor ATTEST: /s/ Miles F. House City Clerk Motion was made by Councilwoman Quinn, seconded by Councilman Honstein, 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 reports was presented and read at length: City Engineer's Office February 6, 1964 Mr. Robert F. Boos, City Manager City of Fort Collins, Colorado Dear Sir: Police Chief Roy Hollady and myself have received many complaints about the bottleneck in traffic movement at the intersection of College Avenue and Prospect'Street. The street is narrow on the East side of the intersection and traffic coming from the East is confined to one lane with the existing parking. Since the installation of a No Parking Zone would require an ordinance amendment, I would recommend that No Parking signs be installed on a 90 day trial basis, on the North side of the street, between College Avenue and the alley. I have also received complaints about the 2 hour parking restrictions in the 200 Block South Howes. This places a hardship on the downtown employees, who aret rying to ' park outside the downtown business area. I would recommend that these signs be removed on a 90 day trial basis, except on the East side, from Temple Court to Olive Street. I would like to point out that the 90 day trial period is up on the installation of the 4 way stop signs at Mason and Oak Streets. If the Council desires this to be a permanent installation, it will require an amendment to our resolution of November 7, 1963. This installation appears to be working quite well. Yours very truly, /s/ G. J. Weiss, City Engineer. Motion was made by Councilwoman Quinn, seconded by Councilman Honstein, that the recommendations of the City Engineer 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: City Engineer's Office February 6, 1964 Mr. Robert F. Boos, City Manager City of Fort Collins, Colorado Dear Sir: I have a request from the L.D.S. Institute of Religion located at 628 South Meldrum Street, for two loading zone spaces in front of their building. Sections 23-176 and 27-177 (c) in our Code of Ordinances, makes provisions that the Traffic Engineer may forthis when directed by the City Council. I have checked this area and find that the building is used during the week as a Student Center, with major meetings during the evenitg and church services on Sunday, when the parking situation is not too'critical. There are 12 off Street parking spaces for this building from the alley and I feel that the students should not have too much of a problem getting access to the building. I would like to recommend that their request for two loading zones be denied. Yours very truly, /s/ G. J. Weiss, City Engineer Motion was made by Councilman Colwell, seconded by Councilman Honstein, that the 282 Febr aar_y 6_1964 recommendation of the City Engineer be approved and the request for loading zones be denied Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Honstein and Councilwoman Quinn. Nayes: None. The President declared the motion adolt ed. The following communications were presented and read at length: 1550 Maple Street Fort Collins, Colorado January 23, 1964 City Council City of Fort Collins Fort Collins, Colorado Gentlemen: On Monday, December 2, 1963, we found our basement flooded from the sewer. In confronting the men working on the line, they reported that t he pump was defective, however thatthe city was not responsible for any damages sustained:. After discussing the matter with Jim Beatty, our attorney, and explaining the facts, he felt that the city would be responsible, especially since the maintenance crew knew that the pump was defective and had spent several days the previous week working on it In fact, we noticed them working on it the day before, but had no idea that anything of this nature would develop. To say the least, we had a mess!: A rug covering the bedroom in the basement was completely ruined, along with a smaller matching rug leading into the rooms, plus the time and trouble of cleaning three inches of wasta material out of the basement. We feel we are entitled to compensation for both rugs, and the time and trouble involved. We feel we are entitled to a minimum of $50 in damages. We trust you will give this claim your immediate attention and consideration. Please let us hear from you. Respectfully, /sl Bud M. Anderson January 30, 1964 G. J. Weiss, City Engineer Fort Collins, Colorado Dear Mr. Weiss: The following is a report on the sewer lift station at Fisback and Maple Streets, for the week of December 2nd through December 9, 1963. Monday Morning, December 2, 1963, upon routine checking of the station, it was found that the station was not functioning properly. Upon investigation and inspection of check valves and outlet lines, it was discovered that the check valves had become clogged with glass marbles, bobby pins, cotton cloths and other debris which should not be put in sewers. This was cleaned out and the plat was tried out, but still was not working pro- perly, as the check valve on the discharge side of the line was still not closing properly. Upon re-examination of valves it was found that the seat of the valve on the discharge line was worn and it was letting the sewage return to the tank rather than discharging it to the outfall fines. When this was discovered, Mr. W. T. Greenwood was contacted and he hauled the ex- cess sewage away in his truck while the check valve was being replaced. This station is inspected and checked for operation every other day and is cleaned once every week, so that contamination of pit and surroundings can be kept at a minimum. The station was back in service and in proper working order at about 3:00 December 2, 1963. We show no other stoppages on our inspections of December 4, 6 or 8th for this plant. Respectfully submitted, Isl E. J. Hilgenberg, Sewer Superintendent. Motion was made by Councilwoman Quinn, seconded by Councilman Johnson, that the matter be referred to the Insurance Company for claim. 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 communication was presented and read at length: LARIMER COUNTY COMMISSIONERS January 24, 1964 Honorable City Council City of Fort Collins City Hall For Collins, Colcr ado 283 Dear Mrs. Quinn and Gentlemen: Zoning and subdivision planning is creating problems both on the city and county levels of increasing magnitude. The County of Larimer has experienced a high rate of growl during the past few years, and the growth is expanding into the rural areas increasingly faster d ue to the organization of sewage and water districts. The urbanization of the here- tofore rural lands is creating problems that are new to the county but, of course, problems that cities have faced for years. Notwithstanding the fact that these are presently county problems, these lands will soon be a part of the city. Therefore, we feel that while the county is of immediate need of better regulations and plans for these rural areas, the fins: product will inure -to the detriment of the benefit of the cities. We plan to embark upon a program which we feel will be of great benefit to the citiesof Fort Collins, Loveland, Berthoud, and Estes Park and to the County of Larimer. For this program we request your cooperation and help. We proposethe following: 1. That a study committee be formed and that its members be made up of the fol- lowing representatives: a. One member from the City of Fort Collins; b. One member from the county area surrounding Fort Collins; C. One member f rom the City of Loveland; d. One member from the county area surrounding Loveland; e. One member from Berthoud!;,, ,cea :•u 'r f. One member from Estes Park; 2. That the County Attorneys Office act as secretary and coordinator to the Committee. 3. That the Planner for the City of Fort Collins act as technical consultant to to the committee. 4. That the committee establish its own program with the following objectives in mind. a. Develop a master street plan extending from North of Fort Collins to Berthoud; b. Establish common names for all streets extending through Fort Collins, Loveland, and Berthoud; C. Develop uniform subdivision rules and regulations for both the incor- porated and unincorporated county; d. Prepare maps showing all existing streets and subdivisions; 5. That the County pay one-half of the expenses and that the participating cities prorate and bear the other one-half of the expenses of the project. We are greatly concerned over the need for this project and would be pleased to have our representative meet with you for further discussion if you desire. Thank you for your kind consideration concerni g the above proposal. BOARD OF COUNTY COM14ISSIONERS FOR LARIMER COUNTY Isl By Lowell M. Allen Chairman of the Board After considerable discussion and remarks by the City Manager in reference there- to, motion was made by Councilman Johnson, seconded by Councilman Honstein, that the matter be referred to the Planning and Zoning Board for further consideration. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Honstein and Council- woman Quinn. Nayes: None. The President declared the motion adopted. Mr. Alvin Miller was present and requested a permit for the construction of a house in the Alvin Miller First Foothills Annexation which comes up.for second reading on February 13, 1964- Motion was made by Councilman Johnson, seconded by Councilwoman Quinn, that the request of Mr. Miller for a building permit in the Alvin Miller First Foothills Annexation be approved and held in escrow until the annexation is completed. RoU was called resulting asfollows: Ayess: 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: January 22, 1964 Mayor and City Council City of Fort Collins 84 Febar�6a�96h Gentlemen and Madam: You have referred to the undersigned for study and recommendation the matter of the Chamber of Commerce Core Development Report. A study of this report reveals that there are two matters of primary consideration at this time. The first matter concerns a request that the City Council "adopt an ordinance whic will allow the creation of a Core Area Improvement District." At the present time the City's ordinances (Section 15-1 through 15-88) provide for the formation of local improvemei districts which could be used to provide all of the improvements which municipalities are normally responsible for with the exception of off-street parking areas. As to the pro- vision of off-street parking, it appears that none.of the City's ordinances would authorize a district for this purpose and the only available means at this time for forming such a district would be under the provisions of State law, C.R.S. 89-4-1 through 89-4-30. We have studied the model ordinances which the Chamber of Commerce made available to us, which ordinances were those of the City of Grand Junction and the City of Longmont, Colorado. It is questionable whether the Grand Junction ordinance was intended to apply to this type situation and this ordinanee was not used in Grand Junction for this purpose but instead a private corporation was formed fort he purpose of establishing off-street.parking. The Longmont ordinance was apparently designed for this purpose; however, it is our feeling that this ordinance is extremely unfair and in all probability is not constitutional. It is further our feeling that an ordinance enacted by the City Council for this purpose would not be able to make use of the personal property tax base in the downtown area. Furthermore, we have not been able to find any case where off-street parking was set up under a local improvement district formed under city ordinances and it is our feeling that any such ordi- nance would run grave risks of being thrown out in the courts. The second matter of major consideration concerns the recommendation of the Cham- ber of Commerce that the City Council "authorize a traffic study to implement the routing o: thru traffic off College Avenue within the designated core area." In this connection,t he manager of the Chamber of Commerce, the City Manager, andt he City Planning Director met with the State Highway District Engineer in Greeley and discussed the proposal of the Chamber of Commerce. The Highway Department District Engineer raised several objections to the proposal: As a result of our study of the Chamber's proposal and the objections raised by the District Engineer for the highway department, it is our feeling that further study o] this matter should be made and various other alternatives should also be studied. Study of the report of the Chamber of Commerce shows very definitely that there is a serious problem in connection with the core area of the City and that something must be done in the near future to attempt to correct the various problems. It is also quite apparent that the Chamber of Commerce has done a great deal of work in their study and it should be of great value if the City and the Chamber of Commerce could through their joint efforts alleviate the downtown problems. We would recommend that the Chamber of Commerce be asked to name four individuals in addition to the Chamber Manager to serve on a committe to further stud the problems raised in the Chamber's report and to study the solutions offered by the Zhamber of Commerce report and to the possible alternate solutions. After receiving the names of four individuals named by the Chamber of Commerce to this committee, we would further suggest that the City.designate four individuals in addition to the City Manager to also serve on this committee. Respectfully submitted, /s/ Arthur E. March City Attorney /sl R. F. Boos ity Manager Mr. John Carmack was present of the Traffic Improvement Committee and presented a response to the above communication as follows: .FORT COLLINS CHAMBER OF COMMERCE CORE AREA DEVELOPMENT Your latest action in the continuing matter of working for Core Area Development for Fort Collins is gratefu7Ly and happily received by the Fort Collins Chamber of Commerce. The action represents an important "next step" toward the completion of a plan which,.dll be acce table to the investors in the district and effective in solving the many problems facingt he Core area. Our recent report contained the acknowledgment that it did not fulfill the need for deeper study of the matter. The report was made as an important beginning presentation which lists the desires of investors in the area most directly affected. These desires must play an important role in shaping the ultimate plan for adjustments within the core area. Regarding the presentation made to the City Council on February 6, 1964, by the City Attor- ney and the City Manager, these comments seem appropriate: (The Urban Improvement Committe of the Fort Collins Chamber of Commerce will hereafter be referred to as "our committee"). 1. Our committee restates its request that an appropriate legal ordinance be drawn to allow the formation of a tax,-sapported district which will provide for establishinent of off-street parking improvements within the core area. W accept the fact that present pvvisions of the law will allow certain physical improvements of a general nature. The great and basic need still exists, how ever, to provide additional parking spaces. Provision must be made for the cost of this parking to be shared equitably by all within the district. We respectfully request thatt he City counselor suggest another action by which this may be accomplished so that constitutionality of the provisions may be reasonably assured. We offer our services to the City Attorney in providing any service he deems appropriate at this time. We feel certain that ordinanc and districts exist that, while perhaps questionable, do operate to do a much needed job to the satisfaction of the majority. 2. Our committee asked for a traffic stu (# because we realized that our traffic 2U85 Febmuary 6.,_1.9.6!} traffic routing proposal needs perfecting. Many facts must be obtained and considered before acepting a solution. The plan our committee presented be- comes practical when considered in terms of meeting a pressing heed. We welcome the opportunity to work with a committee of city government appoint- ment in perfecting an agreeable and workable plan. The following will repre- sent our committee in negotiations with the City Committee. Robert S. Everitt John Carmack James Cooper Clair Wolfer Paul A. Phibbs Chairman, Urban Improvement Committee Vice Chairman, Urban Improvement Committee Board Advisor, Urban Improvement Committee Urban Improvement Committee Member General Manager, Chamber of commerce We wish to again comment on the urgency of this matter and plead forcontinued action from the City to offer their resources so that this matter may be solved speedily and judiciously. Sincerely, /a/ John Carmack, Vice -Chairman (For Robert S. Everitt, Chairman) February 6, 1964 After discussion, motion was made by Councilman McMillan, seconded by Council- woman Quinn, that the Council accept both reports and that L. J. McMillan, Gene M. Allen, Trafton Beam and Arthur March, Jr. be appointed as representatives of the traffic committee with City Manager Boos as ex-officio member. Roll was calb d resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Honstein and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The following request was presented and read at length: Fort Collins, Colorado February 6, 1964 Honorable Mayor and City Council Fort Collins, Colorado Gentlemen: Montgomery Ward & Co., Incorporated, has erected a building on approximately the North 400 feet of Tract "D", University Shopping Center, and provided for off-street park- ing for use of its customers. The normal water and sewer tap fee as provided by the City of Fort Collins would create an undue hardship on this property, and in accordance with the Ordinance of the City you -are petitioned to assess said property under the alternate method which provides for three times the building area. Respectfully submitted, MONTGOMERY WARD & CO., INCORPORATED /sl By William H.ttornAllen Its ey Motion was made by Councilman McMillan, seconded by Councilman Colwell, that the request of Montgomery Ward & Co. on the water and sewer assessments fort he property on Tract "D", University Shopping Center, be approved. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Honstein and Councilwoman Quinn. Nayes: No The President declared the motion adopted. Mr. Quirk of the Engineering firm of Nelson Haley Paterson & Quirk, handling the Soldier Canyon Reservoir construction, made a progress report to date, being 43.9% complet He advised the Council that if the weather remained fair that progress could be made to off set any bad weather that might occur in the Spring. Motion was made by Councilwoman Quinn, seconded by Councilman Johnson, 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 motio adopted and the Council adjourned. ATTEST: