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HomeMy WebLinkAboutMINUTES-05/13/1965-Regular244 MINUTES OF A REGULAR MEETING OF THE, COUNCIL OF THE CITY OF FORT COLLINS, Held Thursday, May 13, 1965, at 1:30 o'clock P.M. Present: Councilmen Johnson, Carson, Bennett and Councilwoman Quinn. Absent: Councilman McMillen, excused.. City Manager Boos, City Attorney March and City Engineer Fischer. Motion was made by Councilwoman Quinn, seconded by Councilman Bennett, that the reading of -the minutes of the last regular meeting held May 6, 1965, be dispensed with. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, Bennett and Coun- cilwoman Quinn. Absent: Councilman McMillan, excused. Nayes: None. The President °declared the motion adopted. Inasmuch as the bid opening on the Water Distribution System was called at 1:30 were P.M. this date, the Mayor asked if there/any bids that had not been presented to the City Clerk. There being none, the City Clerk was ordered to proceed with opening bids with Mr. J. T. Banner, Consulting Engineer, reading the bids for the benefit of those present. The following companies presented bids: Company . Net Total Bid Martin K. Eby,Construction Company, Engelwood, Colorado $ 1,037,653.00 Colorado Pipe Line Company, Greeley Colorado 1,096,133.67 Sornsin Construction Company, Fargo, North Dakota 1,225,918.50 Colorado -Wyoming Construction Company, Loveland Colorado 1,130,536.50 Tiago Construction Company, Arvada, Colorado 1,242,945.00 Binger Construction Company, $ueblo, Colorado, 1,075,852.64 & Sons Peter Kewitt/Construction Company, Denver, Colorado 1,538,798.00 Turnpike Construction Company, Broomfield, Colorado 1,028,953.24 The Engineer's estimate was $1,130,973.50. The Mayor thanked the bidders for their interest in the construction work and stated that the bids would be taken under con- sideration and study. Motion was made by Councilman Johnson, seconded by Councilwoman Quinn, that the bids be referred to the Water Board and City Council for study. Roll was called resulting as follows: Ayes: Councilmen Johnson, Bennett, Carson and Councilwoman Quinn. Absent: Councilman McMillan, excused. Nayes: None. The President declared the motion adopted. The application of Harold Schwindt, dba Pine Tavern, 244 Pine Street, to the State of Colorado, for renewal of 3.2% beer license, was presented. Motion was made by Councilwoman Quinn, seconded by Councilman Bennett, that the Mayor and City Clerk be auth- rized to execute the approval of the licensing authority. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, Bennett and Councilwoman Quinn. Absent: Councilman McMillan, excused. Nayes: None. The President declared the motion adopted. The appli-cation of Harold Schwindt,.dca Pine Tavern, 244 Pine 6treet, to the City for a renewal of a non -intoxicating malt liquor license, accompanied by the required lic fee, was presented. Motion was made by Councilwoman Quinn, seconded by Councilman Bennett, that the license be granted subject to the issuance of the otate license. Roll was called resulting as follows: Ayes: Councilmen' Johnson, Carson, Bennett and Councilwoman Quinn. Absent: Councilman McMillan, excused. Nayes: None. The President declared the motion adopted. The following ordinance was presented on second reading: ORDINANCE NO. 24, 1965 ACCEPTING AND APPROVING THE PLAT OF WHAT IS KNOWN AS THE MILLER LAYLAND SECOND ANNEXATION TO THE CITY OF FORT COLLINS AND TO BE INCLUDED WITHIN HE LIMITS AND JURISDICTION THEREOF, PTTRSUANT TO THP AUTHORITY CONTAINED IN ARTICLE 11, CHAPTER 139, COLORADO REVISED STATUTES, 1953. 245 Motion was made by Councilwoman Quinn, seconded by Councilman Carson, that Ordi- nance No. 24, 1965, be adopted and become a law upon passage. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, Bennett and Councilwoman Quinn. Absent: Councilman McMillan, excused. Nayes: None. The President declared the motion adopted. The following ordinance was presented on second reading: ORDINANCE NO. 25, 1965 ACCEPTING AND APPROVING THE PLAT OF WHAT IS KNOWN AS THE THUNDERBIRD ESTATES NINTH ANNEXA- TION TO THE CITY OF FORT COLLINS AND TO BE INCLUDED WITHIN THE LIMITS AND JURISDICTION THEREOF, PURSUANT TO THE AUTHORITY CONTAINED IN ARTICLE 11, CHAPTER 139, COLORADO REVISED STATUTES, 1953 Motion was made by Councilwoman Quinn, seconded by Councilman Carson, that Ordi- nance No. 25, 1965, be adopted and become a law upon pass®ge. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, Bennett and Councilwoman Quinn. Absent: Councilman McMillan, excused. Nayes: None. The President declaredthe motion adopted. This being the date of the public hearing on the Sanitary Sewer Improvement Dis- trict No. 53, the following ordinance was presented on first reading: ORDINANCE NO 30, 1965 BEING AN ORDINANCE RELATING TO THE CREATION AND ORGANIZATION OF CONSOLIDATED SANITARY SEWER IMPROVEMENT NO. 53, PROVIDING FOR THE 0)NSTRUCTION OF IMPROVEMENTS THEREIN AND AUTHORIZING THE ISSUANCE OF BONDS TO PAY THE COSTS OF CONSTRUCTION THEREOF After the reading, the Mayor asked if there were anyone present who wished to object to the creation of the district, there being no objections, motion was made by Carson seconded by Councilwoman Quinn, that Ordinance No. 30, 1965, be considered favorably on first reading and ordered published this 13th day of May, A. ll. 1965, and to be presented fc final passage on the 24th day of June, A. D. 1965. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, Bennett and Councilwoman Quinn. Absent: Councilman McMillan, excused. Nayes: None. The President declared the motion adopted. The matter of the policy for furnishing construction water from fire hydrants to contractors, which was tabled to this date, was again presented. The City Manager reported that he had contacted some of the members of the Contractors Association and it appears t:iat the only objection that the contractors had was the matter of furnishing the fire hose nec- essary to connect to the fire hydrants for said construction water. After discussion on this matter, motion was made by Councilman Carson, seconded by Councilman Bennett, that the City Council adopt the policy as outlined by the Water Board and authorize the City Manager to be responsible for carrying out this policy. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, Bennett and Councilwoman Quinn. Absent: Councilman McMillan, excused. Nayes: None. The President declared the motions dopted. The matter of the recommendation that the contract with J. T. banner and Associate for design and construction of the water treatment plant, which was tabled to this week, was advanced to a later date by consent, motion was made by Councilman Johnson, seconded by Councilwoman Quinn, that this matter be tabled to a later date after other construction had been started. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, Bennett and Councilwoman Quinn. Absent Councilman McMillan, excused. Nayes: None. The President declared the motion adopted. The matter of the request of the Cache Investment to place approximately $8,400.00 in escrow for paving 14.0 feet of Stover Street on the East side of South College Heights, which was referred to the City Manager and City Engineer at last weeks meeting, was reported at this time. following report was presented and read at length: 246 Robert F. Boos City Manager May 11, 1965 Re: Paving of Stover Rd. South College Heights 7th Subd. Consideration has been given to the proposal of the Cache Investment Company, to place money in escrow to cover the above improvement and I offer the following comments and observations. Stover Street is centered on the East line of the South College Heights 7th Subdivision, which is also the East City limits in this area. The Fight -of -way granted by the Subdivision (35 feet or the West z of a total 70 foot right-of-way) begins at a point approximately 600 feet North and extends North a distance of approximately 2,040 feet. The tract of ground immediately South of the Subdivision (a tract 600 feet along the street and approximately 450 feet wide) is owned by the P.E.O. organization and although within the City limits has never been developed, and there has never been any right-of-way granted Stover Street, which would exist along the tract's East boundary. There is a significant drainage problem which hinders t he paving of the street. All of the surface drainage of the South College Heights Subdivisions is collected at a point on the street near the South boundary of the Subdivision. The natural flow of the water would be to the East. But, to date, efforts to obtain an outlet across this property have been to no avail. The property is outside the City and the owner has stated quite definitely that the storm water may not be discharged across his property. An alternative route for the drainage would be South along Stover to Lrake Road, if the ric:ht-of-way were made available by the P.E.O. organization. P.E.O. has been requested to grant the right-of- way for Stover along their property, and have given every indication that they would do so. If the right -of -wary is acquired from the P.E.O. a storm drainage facility could be construct ed from the present low point South on Stover to Drake Road and East on Drake Road to an outlet at Williams Lake. I have dwelt on the storm drainage because this would appear to be the major, if not sole, obstacle to the paving of the street. Two parts of the agreement are important and should receive special consideratior as follows: 1.) The amount of mone proposed to placed in escrow to cover the cost of pav- ing the street is 8,395.87, or with a distance of 2,040.00 feet, about 04.11 per foot. Past cost for paving; of this nature is as follows for 25, half street. Cost/Ft. 4" Rock base 1.05 2" Hot -Mix asphalt 1.93 2' Concrete curb and gutter 1.75 4' Sidewalk 1.60 Excavation 1.00 7.33 For a distance of 2,040.00 feet according to the above estimate the amount sufficient to cover the cost of the paving would be 2,040.0 x $7.33 $ 14,953.20 2.) The agreement provides that the improvement will be made within one year. While this ispossible, it is not at all certain. However, in talking with F.H.A. and the developer they have indicated that they would not make this an absolutely rigid requirement for entering into such a contract. Repre- sentatives of F.H.A. have promised to have available at the May 13th Council meeting a letter stating their position in the matter. /s/ o. Adam r'ischer Director of Public Works. The following letter was presented and read at length: FEDER4L HOUSING ADMINISTRATION jr. C. Adam Fischer director of Public Works ,it- , Hall port Collins, Colorado ear Mr. Fischer: eferring to our telephone conversation this morning, we would like to reiteratethat the ederal Housing Administration will be happy to consider a city certii'ication coveringthe ostponement of blacktop on Stovers Street within South College Heights Subdivision, Fort ollins, Colorado. ur regulations restrict the time limitation for t he postponement of offsite improvements o one year. However, if all of the problems causing the postponement cannot be successful esolved within the one year limitation, we would then consider a reasonable extension. It s certainly the intent of this office to work with each local authority in the successful esolution of all problems to the degree that the ultimate solution will result in more Mae ngful and long term benefits to each home owner as well as to the local authority. e are pleased to have been of service and please feel free o consult with menbers of our taff on any problems which we may have in common. Very truly yours, /a/ W. 0. East Director 247 This smatter of approving an escrow agreement for construction of the paving has been held up for the matter of storm sewer drainage which must be resolved before any attempt is made to pave Stover Street as practically all of the drainage of South College Heights drains to Stover Street. As noted in the above report, the storm sewer would have to be constructed on Stover Street south to Drake Road and east of Drake Road to Williams Lake. Another matter that must be resolved is the fact that the P.E.O. organization owns the tract of land immediately south of the subdivision with a frontage along Stover of 600 feet and a depth to the west of 450 feet. This tract is in the City limits but has not been developed and there has never been a right-of-way to Stover Street dedicated or cleared. In order to facilitate action in this matter, motion was made by Councilman Carso seconded by Councilwoman Quinn, that the City Manager be authorized to proceed to have a study made of the full matter including costs of the storm sewer installation and report same back to the City Council. Roll was called resulting as follows: Councilmen Johnson, Carson, Bennett and Councilwoman Quinn. Absent: Councilman McMillan, excused. Nayes: None. The President declared the motion adopted. 3:30 P.M. Inasmuch as the bid opening on the Sewer Collection Lines was called for 3:30 P.M on Mqy 13, 1965, the Mayor asked if there were any bids that had not been presented for the construction of the sewer collection lines. There being none, the City Clerk was instructs to start bids with J. T. Banner, consulting engineer, reading the bids forthe benefit of those present. The following companies presented bids: Compa nv Tiago Construction Company, Arvada, Colorado Leftwich Construction Company, Greeley Colorado Northwest Engineering Company, Commerce City, Colorado Turnpike Construction Company, Roomfield, Colorado Holsam Concrete Products Company, Englewood, Colorado Sornsin Construction Company, Fargo, North Dakota The Engineer's estimate was Net Total Bid 793,270.16 449,193.15 697,389.33 440,353.64 576,627.10 480,722.77 409,722.77 The Mayor thanked the bidders for their interest in the construction of the sewer collection lines and stated that the bids would be accepted and taken under consider- ation and study. Motion was made by Councilman Bennett, seconded by Councilman Johnson, that the bids be tabled for study. Roll was called resulting as follows: Ayes: Councilme Johnson, Carson, Bennett and Councilwoman Quinn. Absent: Councilman McMillan, excused. Vayes: None. The President declared the motion adopted. The following resolution was presented and read at length: RESOLUTION )F THr COUNCIL OF THE CITY OF FORT COLLINS APPROVING A PETITION FOR THE ANNEXATION OF WEST iLIZABETH -FOOTHILLS ANNEXATION TO THE CITY OF FORT COLLINS; SETTING THE DATE FOR HEARING ON kN ORDINANCE APPROVING THE ANNEXATION THEREOF; AND GIVING NOTICE THEREOF WHEREAS, heretofre on the 6th day of May, A. D. 1965, a written petition was )resented to the Council of the Cit,'T of Fort Collins in substantial compliance with the pro- risions of Colorado Revised Statutes, 1953, 130-11-3, by the owners of more than fifty per :ent (50%) of the area and who comprise the majority of landowners residing in the area of :he following described land, situate in the County of Larimer, State of Colorado, to -wit: A tract of land situate in the NE4 of Section 16, Township 7 North, Range 69 West of the Sixth P.M., which, considering the east line of said NE', as bearing S. 00032' E. and with all bearings contained herein relative theretok is contained within the boundary lines which begin at a point on said East line which bears E S. 00°32' 00 feet from the Northeast Con. of said Section 16 and run thenc S. 00032' E. 1056.00 feet to the East one -quarter corner of said Section 16; 248 May 13, 1965 thence along the South line of said NE4 N. 89°43130" W. 660.00 feet; thence N. 00025' w. 660.00 feet; thence N. 00°39' W. 660.00 feet; thence S. 89043'30" E 330.00 feet; thence S. 00032' E. 268.65 feet; thence N. 89028' E. 330.00 feet to the point of beginning; containing 17.962 acres, more or less; and WHEREAS, said owners have requested t hat the above described lands be admitted to the City of Fort Collins and that a portion of said lands be included within the limits and jurisdiction thereof as a "D" Commercial District and another portion as a "C" Residen- tial District and another portion as an "A" Residential District, all of which portions, are hereinafter described, and WHEREAS, the Council of the City of Fort Collins has found that the petition and the documents thereto attached meet the requirements of Section 139-111-3, Colorado Revised Statutes, 1953. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the aforesaid petition be and the same is hereby accepted and that June 24, 1965, be and the same is hereby designated as the date for the hearing on an ordinance approving the annexation of the above described territory and including the same within the limits and jurisdiction of the City of Fort Collins and to be included in the followbg zoning districts all of the above described property except the Southerly 390 feet and the Northerly 490 feet of the Southerly 880 feet within and as a part of the "A" Residential District, and the Southerly 390 feet of the above described property within and as a part of the "D" Com- mercial District, and the Northerly 490 feet of the Southerly880 feet within and as a part of the "C" Residential District. BE IT FURTHER RESOLVED that the City Clerk be and he is hereby ordered to publish notice of said petition and the date set for hearing on the ordinance approving the annexa- tion in the Fort Collins Coloradoan, the official newspaper of the City, in the issues of such newspaper published May 18 and 25, and June 1 and 8, 1965, and that such notice be in words and figures as follows: "NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Notice is herewith given that a petition was presented on, May 6, 1965, to the Council of t he City of Fort Collins requesting that he following described land, situate In the County of Larimer, State of Colorado, to -wit: A tract of land situate in the NE4 of Section 16, Townstio 7 North, Range 69 West of the 6th P.M., which, considering the East line of said NE4 as bearing S. 00032' E. and with all bearings contained herein relative thereto, is contained within the boundary lines which begin at a point on said East line which bears S. 00032, E. 1584.00 feet from the NE Cor. of said Section 16 and run thence S. 000321' E. 1056.00 feet to the East 4 corner of said Section 16; thence along the South line of said NE4 N. 89043130" W. 660.00 feet; thence N. 00°25+ W. 660.00 fe^t; thence N. 00039' w. 660.00 feet; thence S. 89°43'3O" E. 330.00 feet; thence S. 00°32' E. 268.65 feet; thence N. 89028' E. 330.00 feet to the point of beginning; containing 17.962 acres, more or less; be annexed and made a part of the City of Fort Collins and be included within the limits and jurisdiction thereof and within the following zoning districts: All of the above des- cribed property except the Southerly 390 feet and the Northerly 490 feet of the Southerly 860 feet within and as a part of the "A" Residential District, and the Southerly 390 feet of the above described property within and as a part of the "D" Commercial District, and the Northerly 490 feet of the Southerly 880 feet within and as a part of the "C" Residential District. hat said petition was signed by the owners of more than fifty per cent (50%) of the area nd who comprise the majority of landowners residing in the area of said land. That said etition was accepted by the Council of the City of Fort Collins on May 13, 1965, and that earing on an ordinance approving said annexation will be held in the Council Chambers in he City Hall in the City of Fort Collins, Colorado, at the hour of 1:30 o'clock P.M. at a egular meeting of the Council to be held the 24th day of June, A. D. 1965. hat the landowners of the area proposed to be annexed may express their opposition to the nnexation and secure an election by complying with the provisions of Colorado Revised tatutes, 1953, 139-11-4. Dated at Fort Collins, Colorado, this lath day of May, A. li. 1965. Is/ Miles V. House City Clerk" . D. 1965. Passdd and adopted at a regular meeting of the Council held this 13th day of May, /sl Harvey CT. Johnson Mayor TTEST: lea F. Hou lerk Motion was made by Councilman Bennett, seconded by Councilwoman Quinn, that this esolution be adopted. Roll was called resulting as follows: Ayes: Councilmen Johnson, arson, Bennett and Councilwoman Quinn. Absent: Councilman McMillan, excused. Nayes: ne. The President declaredt he motion adopted. 249 May 13, 1965 The following resolution was presented and read at length: RESOLUTION OF THE COUNCIL OF THE CITY OF FORT COLTINS APPROVING A PETITION FOR THE ANNEXATION OF TWE S07TH SHIELDS STREET ANNEXATION TO THE CITY OF FORT dOLLINS; SETTING THE DATE FOR HEARING ON AN ORDINANCE APPROVING THE ANNEXATION THEREOF; AND GIVING NOTICE THEREOF ?AREAS, heretofore on the 6th day of May, A. D. 1965, written petition was presented to the Councilmf the City of Fort Collins in substantial compliance with the pro- visions of Colorado Revised Statutes, 1953, 139-11-3, by the owners of more than fifty per cent (50%) of the area and who comprise the majority of landowners residing in the area of the following described land, situate in the County of Larimer, State of Colorado, to -wit: A tract of land situate in the NE 1 of Section 15, Township 7 North, Range 69 West of the Sixth P.M., Larimer County, Colorado, which, considering the east lime of said NEI as bearing North and with all bearings contained herein relative thereto, is contained within the boundary lines which begin at a point which bear North 359.70 feet from the SE Cor, of said NE4 and run thence West 605.22 feet; thence North 359.70 feet; thence Fast 345.22 feet; thence South 126.00 feet; thence East 10.00 feet; thence South 100.00 feet; thence East 250.00 feet; thence South 133.70 feet to the point of beginning, containing 3.6717 acres, more or les and ?AREAS, said owners have requested that the above described lands be admitted to the Citv of Fort Collins and be included within the limits and jurisdiction thereof as a "C" Residential District, and WHEREAS, said owners have requested t hat the above described lands be admitted to the City of Fort Collins and be included within the limits and jurisdiction thereof as a "C" Residential District, and WHEREAS, the Council of the lity of Fort Collins has found that the petition and the documents thereto attached meet the requirements of Section 139-11-3, Colorado devised Statutes, 1953. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS, that the aforesaid petition be and the same is hereby accepted and that June 24, 1965, be and the same is hereby designated as the date for the hearing on an ordinance approving the annexation of the above described territory and including the same within the limits and jurisdiction of the City of' Fort Collins, and to be included as a part of "C" Residential Listrict; BE IT FURTHER RESOLVED that the City Clerk be and he is hereby ordered to publish notice of said petition and t'h, date set for hearing on the ordinance approving the annexa- tion in the Fort Collins Coloradoan, the official newspaper of the City, in the issues of such newspaper published May 18 and 25, and June 1 and 8, 1965, and that such notice be in words and figures as followst "NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Notice is herewith given that a petition was presented on May 6, 1965, to the Council of the City of Fort Collins requesting that the following described land, situate in the County of Larimer, State of Colorado, to -wit: A tract of land situate in the NEI of Section 15, Township 7 North, Range 69 West Of the Sixth P.M., Larimer County, Colorado, which, considering the East line of said NEI, as bearing North and with all bearings contained herein relative thereto is contained within the boundary lines which begin at a point which bears North 359.70 feet from the SE Cor. of said NE4 and run thence West 605.22 feet, thence North 359.70 feet; thence East 345.22 feet; thence South 126.00 feet; thence East 10.00 feet; thence South 100.00 feet; thence East 250.00 feet; thence South 133.79 feet to the point of beginning, containing 3.6717 acres, more or less; be annexed and made a part of the `'ity of Fort Collins and be included within the limits and jurisdiction thereof as a "C" Residential District. TPa t said petition was signed by the owners of more than fifty per cent Oo%) of the area and who comprise the majority of landowners residing in the area of said land. That said petition was accepted by the Coun- cil of the City of Fort Collins on May 13, 1965, and that hearing on an ordinance approving said annexation will be held in the Council Chambers in the City Hall in the City of Fort Collins, Colorado, at the hour of 1:30 o'clock P.M. at a regular meeting of the Council to be held the 24th day of June, A. L. 1965• That the landowners of the area proposed to b e annexed may express their opposi- tion to the annexation and secure an election by complying with the provisions of Colorado Revised Statutes, 1953, 139-11-4. Dated at Fort Collins, Colorado, this 13tlz day of May, A. D. 1965. /a/ Miles F. House City Clerk" Passed and dopted at a regular meeting of the Council held this 13t1a day of May, A. D. 1965. s/ Harvey G. Johnson evor ATTEST: V Miles F. House City Clerk 250 May 13, 1965. Motion was made by Councilwoman Quinn, seconded by Councilman Bennett, that this resolution he adopted. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, Bennett and Councilwoman Quinn. Absent: Councilman McMillan, excused. Nayes: None. The President declared the motion adopted. The following resolution was presented and read at length: RESOLUTION OF THE COUNCIL OF THE CITY OF FORT COLLINS G IVING PUBLIC NOTICE CONCERNING A PROPOSED ORDI- NANCE CHANGING THE ZONING MAP OF THE CITY OF FORT COLLINS AND AMENDING CHAPTER 19, CODE OF ORDINANCES OF THE CITY OF FORT COLLINS, COLORADO, 1958, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE WHEREAS, a petition has been presented to the City Council of the City of Fort Collins, requesting that the followin g described property, situate in the County of Larimer State of Colorado, to -wit: The South 135 feet of the West 75 feet of Block 10, Emighs subdivision EXCEPT the West 20 Beet thereof; be changed from "C" Residential District to "D" Commercial District, and WHEREAS, Section 19-13 of the Zoning Ordinance provides that the City Councilmay, from time to time, on its own action, after public notice and hearing as provided by law, amend, supplement or change the regulations of said Zoning Ordinance, and WHEREAS, the City Council is of the opinion that a change should be made in the Zoning Ordinance re-classifying a certain area of the City of Fort Collins as is more parti- cularly specified in the Notice of Public Hearing herein contained, and is furtherof the opi ion that public notice of said proposed change should be given so that the public generally may have an opportunity to be heard. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that notice of public hearing concerning the proposed change shall be given as provided by law at least fifteen (15) days prior to the date of said hearing by the City Clerk stating the time and place of said hearing. BE IT FURTHER RESOLVED that May 27, 1965, at 1:30 P.M. shall be the time for sai public hearing and the Council Chambers in the City Hall of the City of Fort Collins shall be the place for said hearing. BE IT FURTHER RESOLVED that May 11, 18 and 25, 1965, ahall be the detest hat pub- lication of said notice be made in the Fort Collins Coloradoan, the official newspaper of the City of Fort Collins. to-witBE IT FURTHER RESOLVED that notice shall be in words and figures as follows, : "NOTICE OF PUBLIC HEARING TO 14HOM IT MAY CONCERN: Notice is hereby given of a public hearing upon a proposed ordinance amending Chanter 19, Code of Ordinances of the City of Fort Collins, Colorado, 1958, as amended, commonly known as the Zoning Ordinance, changing the zoning map adopted by said ordinance so that the following described property, to -wit: The South 135 feet of the West 75 feet of Block 10, r'mighs Subdivision EXCEPT the West 20 feet the.rei'; be changed from "C" Residential District to IV'- Commercial District; and said hearing shall be had in the Council Chambers in the "ity Hall of the City of Fort 'ollins on May 27, 1965, at the hour of 1:30 P.M.,, at which hearing parties in interest and citizens shall have an opportunity to be heard. Dated at Fort Collins, Colorado, this 6t1a day of May, A. D, 1965. /a/ Miles F. House City Clerk" Passed and adopted at a regular meeting of the City Council held this 6th day of A. D. 1965. lsl Harvey G. Johnson Mayor sl Miles F. Hous Motion was made by Councilwoman Quinn, seconded by Councilman Carson, that tits solution be adopted. Roll was called resulting as follows: Ayes: Councilmen Johnson, arson, Bennett and Councilwoman Quinn. Absent: Councilman McMillan, excused. Nayes: one. The President declared the motion adopted. 251 The matter of an agreement with the Men's Garden Club of Fort Collins, as pre- sented last summer by the Club, for the utilization and development of Indian Hills park by the Men's Garden "lub, was presented for consideration. The following resolution was presented and read at length: RESOLUTION OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVINGa THE TERMS OF AN AGREEMENT TO BE ENTER- ED INTO WITH THE FORT COLLTINS MENS GARDEN CLUB WHEREAS, the Citv is the owner of Indian Hills Park located in the Indian Hills Subdivision, and WHEREAS, the Fort Collins Mans Garden Club has made a proposal for the utilizatiot and development of said Indan Hills Park, which proposal the City Council desires t o accept; and WHEREAS, an agreement has been prepared setting forth the proposal and the accept- ance thereof. NOW, THEREFORE, BF IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the terms and conditions of said agreement be and the same hereby are approved and Rdopted; and BE IT FUR'TH]R RESOLVED that the Mayor and City Clerk be and they hereb are auth- orized and directed to execute said agreement for and on behalf of the City of �Iort Collins Colorado. Passed and adopted at a regular meeting of the City Council held this 13th day of May, A. D. 1965. G. Johnson ATTEST: /s/ Miles F. House City Clerk Motion was made by Councilwoman Quinn, seconded by Councilman Bennett, that this resolution be adopted. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson,. Bennett and `'ouncil woman Quinn. Absent: Councilman McMillan, excused. Nayes: None. The President declared the motion adopted. Some time ago the Great Western Sugar Company offered a lease for park purposes on a tract consisting of approximately 5 acres located just west of Buckingham Place on Great Western Sugar Company property adjoining the river. Reverend Lycell of St. Paul's Episcopal Church stated that he was connected with a student organization that was opening a craft project for youngsters of Duckingham Addi- tion and others in that neighborhood and that he had approached the Kemsearch Company oti East Linden for a location to carry on this project during the summer months. He stated that he thought that this group would be very glad to cooperate with the City Recreation Commission in the Proposed park location in exchange for some area that they could carry or their craft project. Mr. Allen, the Planning Director , said that he thought that there was plenty of room for all concerned in the recreation program that could be conducted in tt park location and that they would welcome the above group. Councilman Carson suggested tha the Citv Proceed at once of developing the park on the Great Western Sugar land after con- summation of the proposed. lease. Motion was made by Councilman Carson, seconded by Council- woman Quinn, that the City proceed with developing the above park land as s con as possible. Roll was called resting as follows: Ayes: Councilmen Johnson, Carson, Bennett and Councilwoman Quinn. Absent.: Councilman McMillan, excused. Nayes: None. The President resulting declared the motion adopted. The following resolution was presented and read and read at length: RESOLUTION OF THE COTTNCIL OF THE r'ITY OF FORT COLLINS APPROVING THE TERMS OF A LEASE TO BE ENTERED INTC WITH THE GREAT WESTERN STTGAR COMPANY 252 WHEREAS, the City of Fort Collins desires o lease for park purposes a tract of approximately five (5) acres located in Section 12, Township 7 North, Range 69 West of the 6t1a P.M., and WHEREAS, negotiations hate been had with the Great Western Sugar Compgtny, and the Great Western Sugar Company has offered to lease said lands to the City of Fort Collins for a cost of One Dollar ($1.00) per year on a year-to-year basis, and WHEREAS, in the opinion of the City Council, it is in the best interests of the City of Fort Collins to accept said offer and enter into said lease, and WHEREAS, a lease has been prepared and submitted setting forth said agreement. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the terms and conditions of said lease be and t he same hereby are approved and accepted; an BE IT FURTHER RESOLVED that the Mayor and City Clerk be and they hereby are auth- orized and directed to execute said lease for and on behalf of the City of Fort Collins. Passed and adonted at a regular meeting of the City Council held this 13th day of May, A. D. 1965. s/ Harvey G. Johnson Mayor ATTFST: /s/ Miles F. House City Clerk This was discussed and after discussion, motion was made by Councilman Bennett, seconded by Councilman Carson, that this resolution beadopted. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, Bennett and Councilwoman Quinn. Absent: (lound lman McMillan, Prcused. Nayes: None. The President declared the motion adopted. The following resolution was presented and read at length: RESOLUTION WHEREAS, UNION PACIFIC RAILROAD COMPANY has tendered to City of Fort Collins, State of Colorado, an agreement covering a 30-inch sanitary sewer pipe line under the trac of the Railroad Compan's Fort Collins Branch at Fort Collins, Colorado; said agreement bei identified as Railroad Company's C.D. No. 386o6-6; and WHEREAS, the Council of the City of Fort Collins has said proposed agreement befo it and has given it careful review and consideration; and 'AFHEREAS, it is considered that the best interests of said City of Fort Collins, State of Colorado will be subserved by the acceptance of said agreement; THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS, STATE OF COLORADO: That the terms of the agreement submitted by the Union Pacific Railroad Company as aforesaid be, and the same are hereby, accepted in b ehalf of said City; That the Mayor of said City is hereby authorized, empowered and directed to exe- cute said agreement on behalf of said City, and that the City Clerk of said City is hereby authorized and directed to attest said agreement and to attach to each duplicate original of said agreement a certified copy of this resolution. STATE OF COLORADO as. COUNTY OF LARIMFR I, Miles F. House, City Clerk of the City of Fort Collins, State of Colorado, hereby certify that the above and foregoing is a true, full and correct copy of a resolu- tion adopted by the Council of the City -)f Fort Collins, State of Colorado, at a meeting held according to law at Fort Collins, Olorado, on the 13th day of May, 1965, as the same appears on file and of record in this office. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the corporate seal of said City, this 14th day of May, 1965. /s/ Nlilea F. House (SEAL) ity Clerk of the City of Fort Collins, State of 'jolorado. Motion was made by Councilman Carson, seconded by Councilman Johnson, that this resolution be adopted. Roll was.called resulting as follows: Ayes: Councilmen Johnson, Carson, Bennett and Councilwoman Quinn. Absent: Councilman McMillan, excused. Nayes: None. The President declared the motion adopted. The following communication war presented and read at length: 253 Robert F. Boos City Manager Re: South Meadow lark Heights Outfall Sewer Drake Road Oversize Sewer and Water Transmission Line Attached is a report of the cost of the referenced construction. A.) Outfall Sewer from Jubdivis'on Limits to Existing City Collection Point. The City has entered into an agreement with the developer to pay the full cost of this construction or $15,655.39. If compensated through water taps or otherwise carried over an extended period of time, the agreement provides that the City will pay, in addition, interest at the rate of 5%. B.) Sewer constructed along Drake Road for which City required an Oversize. The total cost of the construction of this 18" V.C.P. Sewer line was $12,511 Under the City Sewer Ordinance the City is committed to pay 35% of the total cost of construction of an 18" sewer main, or in this instance $4,378.93• C.) Water Transmission Line The total cost of the construction of the 12" C.I.P. water line was $10,703. Under the City Water Ordinance the Oity is committed to pay 40$ of the total cost of construction of a 12" water main or in this instance $4.281.51. Presented in tablular summary the City's responsibility for the construction would be: se A . ) Outfall Sewer Line 6 15,655.39 B.) Oversize Sewer line in Drake Road 4,378.93 C.) Oversize Water line in Drake Road 4,281.51 The costs as presented by the developer's engineer 'in the attached have been checked for authenticity and accuracy. One point is significant and shall be called to council's attention. Wirth respec to A.), the Outfall Sewer Line, it is stated the City is responsible for obtaining the re- quired easement. This section of sewer was constructed across property of Colorado State University. The University has stated that t hey would require, as compensation for such an easement $0.50 per lineal foot of the line plus the right to tap the line without charge. Clear responsibility for payment of the $0.50 per foot ( a total amount of approximately $1,876.00) before afinal settlement in the matter is made. /a/ C. Adam Fischer Director of Public Works *Plus 5% or $782.77 if the amount is carries over an extended period of time. Mr. C. Adam Fischer Director of Public Works City Hall Fort Collins, Colorado Dear Adam: NELSON, HALEY, PATTERSON and QUIRK, INC. CONSULTING ENGINEERING May 13, 1965 Subject: South Meadowlark Heights Outfall Sewer and Drake Road Oversized Sewer Listed below is an acc-)unting of monies expended by Mr. Deines for sanitary sewers in which the City of Fort Collins has a monetary interest: A. Outfall Sewer from Subdivision Limits to Existing City Collection Point 3,752 L.F. 8" V.C.P. @ 3.12 11,706.24 7 Each Manholes @ 196.00 = 1,372.00 3 Each Manholes @ 230.00 = 690.00 1,075 L.F. Bedding @ 0.50 = 537.50 1 L.S. Cut-off Wall@ 40.00 = 40.00 Sub Total $ 14,345.74 Engineering Design and Supervision = 1,309.65 Total expended by Mr. Leines for Outfall Sewer = 15,655.39 $15,655.39 plus 5 per cent interest is to be reimbursed Mr. Deines by the City of Fort line. Said total is based upon the City furnishing the easement for the sewer. Sewer Constructed along Drake Road for which City required an Oversize 1,302 L.F. 18" V.C.P.= @ 7.47 $ 9,725.94 5 Each Manholes @ 230.00 _ _ 1,150.00 1,250 L.F. Bedding 0.50 - 625.00 Pumping Cost 286.00 Sub Total = 6 11,786.94 neering Design and "upervision = 725.00 1 Expended by Mr. Deines = $ 12,511.94 254 — -- -- - - May 13,1965 The City Ordinance states that the City will pay 35 per cent of the cost when the developer is required to install 18 inch rather than 8 inch. 11 Therefore the amount due Mr. Deines is: 35 per cent of $12,511.24 = $i 4,378.93 Mr. Deines' actual added extra cost over an above what 8 inch sewer main would have been, indicates that the City's share would be approximately 42 per cent rather than per cent as allowed by ordinance. s always, either Mr. Deines or myself is available, should there be any questions. Very truly .yours, /s/ William E. Street Subject: South Meadowlark Heights Water Transmission Listed below is an accounting of monies expended by Mr. "eines for a 12 inch C.I.P. water main in Drake Road, adjacent to South Meadowlark Heights; also included is the application of the City ordinance concerning "extensions of water utility". Water Transmission - South'Meadowlark Heights 1,636 L.F. 12" C.I.P. and Fittings @ 5.40 = 8,834.40 1 Each 12" G.V. and B @ 248.37 = 248.37 1 L.S. Canal Crossing @ 920.76 = 920.76 Sub Total = 10,003.53 Engineering Design and Supervision @ 7 per cent 700.25 Total Expended by Mr. Deines $ 10,703.78 The City Ordinance states that the 'ity will pay 40 per cent of the cost when the developer is required to install 12 inch rather than 6 inch. Therefore the amount due Mr. Deines is: 40 per cent of $10,703.78 = t 4,281.51 Mr. Deines' actual added extra cost over and above what 6 inch water main would have been, indicates that the City's share would be approximately 51 per cent rather than 40 per cent as allowed by ordinance. Should }you have any questions in regard to the foregoing matter, please do not hesitate to contact either Mr. Deines or myself. Very truly yours, NELSON; HALEY, PATTERSON, and QUIRK, /s/William E. Street The City Manager explained that the City previously had entered into an agreement the developer to pay the full cost of the outfall sewer construction as stated in the under above report and that they also would pay,hhe City sewer and water ordinances, a portion of the sewer and water transmission line construction where over size lines have been installed. Costs of this matter amounted to $24,315.83. The City Manager stated that the Ugh outfall sewer line cost could be compensated to the developer thro/water taps and carried over for a period of time but that the City would have to pay 5% interest on the balance due and he requested authority of the Council to pay the entire amount due in one payment from the improvement funds from the Sewer and water system. There is one point in the out fall sewer line construction as shown in the above report that should be resolved before final settlement is made on the outfall sewer line. Motion was made by Councilwoman Quinn, seconded by Councilman Bennett, that the Council approve the payments as submitted when the I1Nc ith -of-way matter has been resolved. Roll was called resulting as follows: Ayes: CounciA- n Johnson, Carson, Bennett and Councilwoman Quinn. Absent: Councilman McMillan, excused. s: None. The President declared the motion adopted. The following report was presented and read at length: obert F. Boos ity Manager' May 13, 1965 Re: Utility Plats - Parkwood Subd. 255 The department has been in conference with the developers of the referenced sub- division, their engineer and the City Planning Director. We now approve the development's utility plans. It was agreed, by all concerned, however, that the following points should be reconciled and their exact status clarified in the utility agreement. 1. Storm Drainage into Lake. Storm drainage within the subdivision will create the following runoff into the Lake. a.) Back yard area of lots abutting the Lake ------- 4.8 cfs b.) Drake Road and Lemay------- 6.6 cfs c.) Unplatted area North of Lake ------- 9.6 cfs Total 21.0 cfs or 75,600 cf/hr. The area of the Lake is approximately 932,000 sq. ft. Therefore with the above runoff the Lake will rise - 75m600/932,000 = 0.08 ft, All calculations are based on a 2 inches/hr. rainfall. Therefore during the design storm there would 'be added to the Lake during the one hr. = 0.17 ft. Or from the Subdivision alone, during the design storm, the Lake will rise ---- 0.25 feet Approximately 370 acres lying to the West of the Lake could be drained naturally Into the Lake. The 370 acres would, during a 2 inches per hour rainfall, create a peak runoff of --- 114 cfs. Total amount of water which would he added to the Lake from the design rainfall would be --- 1,265,400 cfs. = 1.36 feet And cause the Lake to rise - 1,2653400/932,000 During a two-inch design storm the Lake would rise, if drainage from within and without were discharged into it, a total depth of 0.25 * 1.36 or 1.61 feet. Itt should be noted that the above figures have not taken into consideration any discharge from the Lake. There exists at the Northeast corner of the Lake a 15" v.C.P, outlet approximately 1000 feet long. The invert elevation of the outlet is 62.7 and is roosted below the normal level of the surface of the Lake. Through a system of gates on the outlet the level of the Lake will be maintained at 65.2 and will have a freeboard which exceeds the 1.61 foot figure above. Based on these figures it would appear that storm drainage from the area to the West could be discharged into the Lake without adversly affecting the proposed development. The develoo_er and his engineer concur in this judgement. The one condition the developer would Insist upon, would be a settling basin arrangement outside the Lake area which would prevent assorted debris in the storm water from entering the Lake. Having granted permission to the City to discharge storm water into the Lake, in accordance with the above calculations, the developer agrees to accept full responsibility for the proper operation and maintenance of the Lakets discharge system. 2. Responsibility for maintenance of the ditch and median area (tracts A, B & C) of Parkwood Drive, should be made clear both on the plat and in the utility agreement. 3. The plat and utility agreement should clearly indicate that Tract D could not be used for the construction of a dwelling or otheruse which would interfer with the existing ditch. /s/ C. Adam Fischer Director of 'Public Works. This report is made in order to facilitate the approval of the utility plats for Pa wood Subdivision which has been held up for consideration of storm sewer drainage into Williams Lake and the matter of holding the lake level constant at all times. It appears that an agreement has been arrived at by the developers and the Engineering department and that the utility plats could be approved if they clearly indicate certain stipulations as stated in the above renort. The plat of the Park wood Subdivision First Filing was also presented for approval. Motion was made by Councilwoman Quinn, seconded by Councilman Carson, that the Council approve the utility plat as clearly outlined in the above agreement and that the Subdivision plat be approved, subject to all stipulations as shown in the util- ity agreement. Roll was called resulting as follows:. Ayes: Councilmen Johnson, Carson, nnett and Councilwoman Quinn. Absent: Councilman McMillan, excused. Nayes: None. The President declared the motion adopted. The following communication was presented and read at length: 256 May 13, 1965 City Council ` City of Fort Collins Dean Sir: We, the Evangelical Ministerial Alliance, do respectfully request, and do herety urge the City Council of Fort Collins, Colorado to look with favor on the following suggestions re- karding directional and informational signs for the City of Fort Collins: (1) That the proposed restrictive regulations be rejected. (20 That the proposed permissive regulations be accepted, with the following charges: (a) Section 4d be deleted; (b) section 4h be changed to read, "The moue ing height shall be 71 - 0" above the edge of the curb, near the center of the median when possible, and mounted on a galvanized post of approximately 222L" in diameter, 12t in length with a 31 embedment; (c) paragraph 4i be added to read, When a sign is requested at a place ch ere it would create a traffic hazard, or In case the applicant may prefer to do so, theq sign will be erected on the right- hand side of the travelway, facing traffic, rather than median mounting;" and Vd) section 5 titled "Transition" be deleted and the following be substituted: "5. SIGNS F,ERMITTED- PRIVATE PROPERTY - Directional and informational signs may be placed on private property. The application for, location, and regulation of such sighs shall be shown in 'the City Ordinance. (3) That no previous ordinance shall be construed to mean that signs of a dir- ectional and informational nature will be prohibited, when such signs are for or- ganizations and groups of a non-profit, civic character; and when they comply with the regulations stipulated in the directional and informationals igns ordinance of the Cit?r of Fort Collins, Colorado. Done by unanimous vote of the Evangelical Ministerial Alliance of Fort Colllns this eleventh day of May, nineteen hundred and sixty-five. Sincerely /sl Ernest "treed, Chairman 509 East Olive Fort Collins, Colorado Reverend Autry Brown was present and stated that they offered the above report in an effort to be cooperative with the City in the matter of a policy to be followed in re- nce to directional signs. The Mayor thanked Reverend Brown for their interest in this tter and said that their communication would be taken into consideration. The following communication was presented and read at length: FORT COLLINS CHAMBER OF COMMERCE ay 13, 1965 The City Council of Fort Collins City Hall Fort Collins, Colorado ttention: Robert Boos, City Manager Re: Restricted Parking in the 200 block of West Olive 6treet ar Madam and Gentlemen: The Fort Collins Chamber of Commerce has recently moved its offices to 218 West Olive Street This move has brought a tar business use to this block and created the need for condition of limited parking for the Chamber of Commerce. The block is now being used to its capacity by "all day" parkers. The Chamber of Commerce earnestly requests the City Council to designate two hour limit parking on the north side of the 200 block of West Olive Street from the alley west to Howes Street. Visitors who need the services of the Chamber. of Commerce for businessor pleasure will receive encouragement by our making these services readily available to them through ease of parking. thank you for your attention to this request. Sincerely yours, Fort Colllns Chamber of Commerce /s/ Paul A. Phibbs General Manager Mr. Paul Phibbs was present and explained the reason for their request. After li,scussion, motion was made by Councilwoman Quinn, seconded by Councilman Johnson, that this) tter be taken under consideration and study and tabled for one week. Roll was called re- sulting as follows: Ayes: Councilmen Johnson, Carson, Bennett and Councilwoman Quinn. Absent: Councilman McMillan, excused. Nayes: None. The President declared the motion dopted. 257 The following communication was presented and read at length: ALLEN, STOVER and MITCHELL May 13, 1965 Honorable Mayor and City Council City of Fort Collins Fort Collins, Colorado Gentlemen: I have been requested by Highlands Development Company, Inc., owners of the property included within Indian Hills Subdivision Seventh Wiling, according to Plat filed July 27, 1964, to requ eat that the name of the street shown on said Plat as Navajo Drive be changed to "hippewa Drive There is presently one residence nearly completed on said drive, and the owner of the residence joins in this request. Very truly yours, /sl William H. Allen After discussion, motion was made by Councilman Carson to refer the matter to the City Attorney to prepare the necessary papers for a change of name. The motion was los due to a lack of a second. Motion was made by Councilman Carson, seconded by Councilman Johnson, that this matter be tabled and that Mr. Allen be advised to furnish additional Information as to the reason for the request in the change of street names. Roll was calle resulting as follows: Ayes: Councilmen Johnson, Carson, Bennett and Councilwoman Quinn. Absent: Councilman McMillan, excused. Nayes: None. The President declared tbe motion adopted. The matter of the appointment of a Chairman for a United Nations Day Committee, which was tabled to this week, was tabled for an additional week to allow further consider- ation of the appointment. The following resolution was presented and read at length: RESOLUTION OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING THE PUBLICATION OF THE NOTICE OF SALE OF THE GENERAL OBLIGATION WATER BONDS SERIES JDNE 1, 1965, IN THE BOND BUYER INSTEAD OF THE DAILY JOURNAL WHERFAS, by Resolution passed on March 11, 1965, the City Council provided for the publication of a notice of sale of the City of Fort Collins, Colorado, General Obliga- tion Water Bonds, Beries June 1, 1965, in The Daily Journal, a newspaper published in Denver, Colorado; and WHEREAS, said notice was not published in The Daily Journal, but was published in The Bond Buyer, a newspaper published in New York, New York; and WHEREAS, neither the Charter of the City of Fort Collins nor the applicable law requires the publication. of such notice, and in the opinion of the City Council the notice as published was sufficient, STOW, THEREFORE, BE IT RESOLVED BY TH7 COUNCIL OF THE CITY OF FORT COLLINS that the publication of said notice in The Bond Buyer be here&y ratified and approved in lieu of publication in The Daily Journal. Passed and adopted at a regular meeting of the City Council held this 13th day o May, A. D. 1965. or ATTEST: Miles F. House Motion was made by Councilman Bennett, seconded by Councilman Carson, that this resolution be adopted. Roll was called resulting as follows: Ayes: Councilmen Johnson, son, Bennett and Councilwoman Quinn. Absent: Councilman McMillan, excused. Nayes: None. The President declared the motion adopted. 258 Motion was made by Councilman Johnson, seconded by Councilwoman Quinn, that the Council adjourn. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, Bennett and Councilwoman Quinn. Absent: Councilman McMillan, excused. Nayes: None. The President declared the motion adopted and the Council adjourned. r ATTEST: City