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HomeMy WebLinkAboutMINUTES-12/02/1965-Regular474 MINUTES OF A REGULAR MEETING OF THE COUNCIL OF THE CITY OF FORT COLLINS, Held Thursday, December 2, 1965, at 1:30 o'clock P.M. Present: Councilmen Johnson, Carson, McMillan, Bennett and Kruchten. City Manager Coffey, City Attorney March and City Engineer Fischer. Motion was made by Councilman Carson, seconded by Councilman McMillan, that the reading of the .minutes of the last regular meeting held November 24, 1965, be dispensed with. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Kruchten. Nayes: None. The President declared the motion adopted. Mrs. Lorraine Quinn was present at the meeting and the Mayor presented Mrs. Quinn a plaque for her services to the City as Councilwoman, as well as a certified copy of the resolution, commending her for her service to the City. He stated that this presentation was a little late but this was due to the fact of her absence from the City immediate after her resignation. The following ordinance was presented on second reading: ORDINANCE NO. 58, 1965 BEING AN ORDINANCE VACATING A UTILITY EASEMENT IN THE ALVIN L. MILLER FOOTHILLS SUBDIVISION SECOND FILING Motion was made by Councilman McMillan, seconded by Councilman Bennett, that Ordinance No. 58, 1965, be adopted and become a law upon passage. Roll was called resulti as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Kruchten. Nayes: None. The President declared the motion adopted. A dedication for an easement for the City of Fort Collins by Alvin L. Miller, Inc and George E. Varra to replace the easement vacated in Ordinance No. 58, was presented for acceptance. Motion was made by Councilman Carson, seconded by Councilman Bennett, that the dedication of the easement to replace the easement vacated, be accepted. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Kruchten. Nayes: None. The President declared the motion adopted. The following petition was presented and read at length: PETITION AND APPLICATION FOR ANNEXATION STATE OF COLORADO ss. COUNTY OF LARIMER CITY COUNCIL OF THE CITY OF FORT COLLINS FORT COLLINS, COLORADO GENTLEMEN: WHEREAS, We the undersigned are the owners of more than 50% of the area and com- prise the majority of land owners residing in the area which is described as situate in the County or Larimer, State of Colorado, to -wit: A tract of land situate in the Northeast 4 of Section 13, Township 7 North, Range 69 West of the Sixth P.M., County of Larimer, State of Colorado, which considering the East line of the said NE4 as bearing N. 000251 E. and with all bearings contained herein relative thereto, is contained within the boundary lines which begin at a point on the East line of the said NE4 wht h bears N. 00025' E. 549.12 feet from the SE corner of said NE4 and run thence N. 00025, E. 50.00 feet; thence N. 89038, W. 181.00 feet; thence N. 000251 E. 41.14 feet; thence N. 89°121 W. 477.83 feet; thence N. 00024t E. 16.07 feet; thence N. 890381 W. 6.10 feet; thence N. 00°241 E. 11.90 feet; thence N. 890381 W. 520.85 feet; thence N. 00°341 E. 48.03 feet; thence S. 890041 E. 50.00 feet; thence N. 000341 E. 126.78 feet; thence N. 89°041 W. 50.00 feet to a point on the West line of the Herbertson Addition to the City of Fort Collins; thence along the West line of said annexation N. 000341 E. 273.22 feet to a point on the South line of the Firs East Laurel Annexation to the City of Fort Collins; thence along the South line of said annexation N. 89°041 W. 127.74 feet to a point on the West line of the SE4 of the said NEI, said West line being the present City Limit line of the City of Fort Collins; thence along said West line S. 000231 W. 930.73 feet; thence S. 890481 E. 53.76 feet; thence N. 000341 E. 64.97 feet; thence S. 89°48/ 199.15 feet; thence N. 00111, E. 250.77 feet; thence S. 890381 E. 397.04 feet; thence S. 00°221 E. 56.79 feet; thence S. 890381 E. 480.93 feet; thence N. 001251 E. 99.12 feet; thence S. 89°381 E. 181.00 feet to the point of beginning, 475 „ December 2 1965 ining 7.784 acres, more or less. AND WHEREAS, said lands are contiguous with the City Limits of the City of Fort Collins, Colorado, and more than one -sixth of the aggregate external boundaries of said lands coincide with the existing boundaries of the City of Fort Collins, and WHEREAS, a plat of said lands has been prepared in accordance with the provisions Of the Colorado State Statutes and the Ordinances of the City of Fort Collins, 6 copies of which said plat is herewith submitted. NOW, THEREFORE, it is respectfully petitioned that said plat comprising the above (described lands, be accepted and approved, that the territory embraced therein, to be known ias the Stark & McGarvey Annexation to the City of Fort Collins, Colorado be included within !the limits and jurisdiction of the City of Fort Collins, Colorado, and further that said 1°nds be included in the M-Mobile Home zone under the zoning Ordinance of the City of Fort Collins. Dated at Fort Collins, Colorado, this 15 day of November, 1965, A. D. Respectfully submitted: /s/ Lee A. Stark G. D. McGarvey STATE OF COLORADO) as. COUNTY OF LARIMER ) The foregoing instrument was acknowledged before me this 15th day of November, 1965 By Lee A. Stark and G. D. McGarvey fort he purposes therein set forth. My commission expires July 9, 1968 ary ruolic Motion was made by Councilman GarsOn, seconded by Councilman Bennett, that this Petition be referred to the Planning and Zoning Board for study and recommendation. Roll called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and v: None. The President declared the motion adopted. 8ruehten. Naes The following petition was presented and read at length: PETITION AND APPLICATION FOR ANNEXATION STATE OF COLORADO) as. OUNTY OF LARIMER ) 'ITY COUNCIL OF THE CITY OF FORT COLLINS SORT COLLINS, COLORADO * NTLEMFN undersigned are the theers areafwhich isthan describedthe as situateand inothe WHEREAS, We the residing in °rise the majority of land ownersado, to -wit: 'Ounty of Larimer, State of Color Township A tract of land situate in the t ¢Southelinenof�said NE' as bearing RN. 89°39W15" oW.the Sixth P.M., which considering herein relative thereto is contained within the bound - and with all bearings he E cone point which bNar89�3911539wi5800.0016eett;.08 fthence eet oN.t00°20+ ary lines which begin at and run thenceE 622.00 feet; thence N. 00°20145" E. 267.00 1�5°nEr of 30.00lfeetctthence S. 89°3p01fg5 Itet; thence S. 19°29+ E. 156.26 feet; thence N. feet; thence �. 80038,15 thanM OS. 00°29'45 W. 150.00 feet to the point of beginning, 'ontaining 2,413 acres, more or less uous with the CityLimits of the City of Fort Y AND WHEREAS, said lands oareaixthlOf the existing boundaries of the City of Fort cllins Colorado, and more than 'ollins, and been prepared in accordance with the provisions Of said lands Ordinances of the City of Fort Collins, 6 copies of WHEREAS, 'hichesaidColorado plat isaa herewIs plat ithtsubmitted• petitioned that said plat comprising the above resPartfully t the territory embraced therein, to be known of be �ssthebed lands, a the beFAvenuee$econdRE, It and aA9a �ttonnofothe oCity yof Fort tCollins,�Colorado, and fur- "eluded witiinithe limits andeduin the RL Residential zone under the zoning Ordinance of he City of Fort Collins. Oth day of November, 1965, A. D. )ated at Fort Collins, Colorado, this 3 sspectfully submitted: /s/ Myrtle M. Smith s/ Walter A. Smith December 2 1965 STATE OF COLORADO) ) ss. COUNTY OF LARIMER) The foregoing instrument was acknowledged before me this 30th day of November, 1965 By Walter A. Smith and Myrtle M. Smith fort he purposes therein set forth. My Commission expires November 8, 1967. Isf Judith R. Robinson Notary Public Motion was made by Councilman Carson, seconded by Councilman McMillan, that this petition be referred to the Planning and Zoning Board for study and recommendation. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Kruchten. Nayes: None. The President declared the motion adopted. The following ordinance was presented on first reading: ORDINANCE NO. 61, 1965 BEING AN ORDINANCE AMENDING SECTION 21-51 OF THE CODE OF ORDINANCES OF THE CITY OF FORT COLLINS, COLORADO, 1958, AS AMENDED AND ADDING SECTION 21-57 TO SAID CODE OF ORDINANCES AND RELATING TO ELECTRIC SERVICE Motion was made by Councilman Carson, seconded by Councilman McMillan, that Ordi- nance No. 61, 1965, be considered favorably on first reading and ordered published this 2nd day of December, A. D. 1965, and to be presented for final passage on the 23rd day of December, A. D. 1965. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Kruchten. Nayes: None. The President declared the motion adopted. The application of C. J. Streit dba Pizza Roma, 746 North College Avenue, to the State of Colorado, for renewal of 3.2% beer license, was presented. Motion was made by Councilman McMillan, seconded by Councilman Carson, that the Mayor and City Clerk be auth- prized to execute the approval of the licensing authority. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Kruchten. Nayes: None. The President declared the motion adopted. The application of C. J. Streit dba Pizza Roma, 746 North College Avenue, 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 McMillan, seconded by Councilman Carson, that the license be granted subject to the issuance of the State license. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Kruchten. Nayes: None. The President declared the motion adopted. The hearing and application of Eldro Eugene Sutherland dba Green Onion, 162 Linde Street, to. the State of Colorado, for a 3..2% beer license, was presented. Mr. W. H. Allen, Attorney for Mr. Sutherland, was present and requested that the license be •granted, inas- much as the selling of the Green Onion is subject to the issuance of the license. Mr. Charles Bowling, representing the DMA appeared before the Council in opposition of the granting of this license, making the same plea as has been used previously by this associa- tion in which they claim undue noise, filth, etc., at the various taverns having 3.2% beer licenses. Mr. Paul Hutchinson was also present and spoke in opposition to the license. The Mayor declared a recess at this time for the Council to go into executive session with Mr. Sutherland and his Attorney Mr. Allen. Upon returning to the Council tabl the meeting was called to order and the Mayor asked what the pleasure of the Council was regarding this matter. Councilman Carson made a motion that the State license be approved and stated that they had advised Mr. Sutherland of the necessary compliance that they would require if he was to continue the operation of the Green Onion as a restraurant and tavern. 477 The motion was seconded by Councilman Bennett. Roll "was called resulting as follows: Ayes'. Councilmen Johnson, Carson, McMillan, Bennett and Kruchten. Nayes: None. The President ldgclared the motion adopted. Motion was made by Councilman Carson., seconded by Councilman Bennett, that the application of Eldro Eugene Sutherland to the City of Fort Collins for a non -intoxicating malt liquor license, which was presented at the same time as the State application, be approved subject to the issuance of the State license. Roll was called resulting as follows Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Kruchten. Nayes: None. The President declared the motion adopted. The bids received on 6000 feet of Type K Copper Tubing for the Water Department, re presented. None of the bids made were on a firm basis but were subject to the price at shipment date, and Hendrie & Bolthoff was the low bidder of $2,759.60. Motion was made by Councilman Bennett, seconded by Councilman McMillan, that the bid of Hendrie & Bolthoff Company be accepted. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Kruchten. Nayes: None. The President declared the motion adopted. Mr. W. H. Allen stated that the matter of the special assessment and removal costs relative to the 90 acre feet units offered by Thunderbird Estates, Inc., June, 1965, is now ready for sale to the City. The purchase of this water was previously approved by resolution dated June 28, 1964, but due to the legal procedures, has been held up by the Northern Colorado Water Conservancy District. The City Attorney advised that the 90 acre feet units of CBT water, previously approved, be reaffirmed. Motion was made by Councilman Carson, seconded by Councilman Bennett, that the purchase of the 90 acre feet units of CBT w Thunderbird Estates, Inc., be approved. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Kruchten. Nayes: None. The President clared the motion adopted. The City Manager advised the Council that the buildings at the Fort Collins -Love irport would not be completed until about February 2, 19616, and that the contract with the Aviation Company at Christman Field would be cancelled as of January 1, 1966, and hat,due to this difference in the time, that the buildings at the Fort Collins -Loveland irport would be available. He requested authority to extend the date of cancellation of he contract with Burnham Aviation to February 1, 1966. Motion was made by Councilman ennett, seconded by Kruchten, that the City -Manager be authorized to extend the date of ancellation of the contract with Christman Field airport to February 1, 1966. Roll was alled resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and ruchten. Nayes: None. The President delared the motion adopted. The City Manager advised the Council that he had received a request from Mr. Ralph n, for a client, for a change in the ordinance for pawn shop licenses. Motion was made y Councilman Bennett, seconded by Councilman Kruchten, that this matter be referred to the ity Attorney for review and study. Roll was called resulting as follows: Ayes: Council - en Johnson, Carson, McMillan, Bennett and Kruchten. Nayes: None. The President declared motion adopted. The City Manager advised the Council that certain owners in the neighborhood jacent to the Fort Collins -Loveland airport wished a right-of-way along the north edge of e airport land for a ditch in order to eliminate three bridges that will necessarily have be built to cross this ditch under the right-of-way. Motion was made by Councilman rson, seconded by Councilman McMillan, that this matter be referred to the City Attorney o prepare the necessary resolution of approval. Roll was called resulting as follows: 478 December 2, 1965 Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Kruchten. Nayes: None. The President declared the motion adopted. Motion was made by Councilman Carson, seconded by Councilman Bennett, that the Council adjourn. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson Bennett, McMillan and Kruchten. Nayes: None and the Council adjourned. ATTEST: City Clerk The President declared the motion adopted Mayor j /