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HomeMy WebLinkAboutMINUTES-12/23/1965-Regular505 MINUTES OF A REGULAR MEETING OF THE COUNCIL OF THE CITY OF FORT COLLINS, Held Thursday, December 23, 1965, at 1:30 otclock 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 Bennett, seconded by Councilman Carson, that the reading of the minutes of the last regu7h- meeting held December 16, 1965, be dispensed with. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Fennett and Kruchten. Nayes: None. The President declared the motion adopted, The following ordinance was presented on second reading: ORDINANCE NO. 61, 1965 BEING AN ORDINANCE AMENDING SECTION 21051 OF THE CODE OF ORDINANCES OF THE CITY OF FORT C0I3SNS, COLORADO, 1958, AS AMENDED AND ADDING SECTION 21-57 TO SAID CODE OF ORDINANCES AND RELATING TO ELECTRIC SERVICE The City Manager requested that the words "and schedule 1-A" be eliminated from Section 1, paragraph A, inasmuch as this schedule is relatedi;to a definition of a living unit and as not being determined at this timg,motion was made by Coumcilman McMillan, seconded by Councilman Carson, that the words "and Schedule 1-0 be deleted from that por- tion of Ordinance 61, 1965, under Section 1, Paragraph A. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Kruchten. Nayes: None. (The President declared the motion adopted. Mr. George Lane appeared before t he Council and protested Section 21-57 of this ordinance in reference to a lien on a property. It was explained to him that he should demand a deposit from his tenants to cover any liability that might occur by the tenant in paying the light bill. After further discussion, motion was made by Councilman McMillan, 8"onded by Councilman Carson, that Ordinance No. 61, 1965, be adopted and become a law as amended u°0n passage•. 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 second reading: 65, BEING AN ORDINANCE AMENDING SECTION ORD -2INANCE8,4-27N0. 103 1965 NANCES OF THE CITY OF FORT COLLINS, COLORADO1956,AS AMENDED, AND I ANDADDIING18 OF TAESECTIONCODE F4-1226 DI - TO SAID CODE OF ORDINANCES RELATING TO BUILDING, PLUMBING, GAS FITTINGS, HEATING AND AIR CONDITIONING, ANDFLECTRICAL INSTALLATIONS, AND LICENSES TO MAKE SUCH INSTALLATIONS AND FEES "'BE PAID FOR SUCH LICENSES Motion was made by Councilman Carson, seconded by Kruchten, that Ordinance No. 65, 1965 be adopted and become a law upon passage. Roll was calJfed resulting as follows: AA": Councilmen Johnson, Carson, McMillan, Bennett and Kruchten. Nayes: None. The Pres- ident declared the motion adopted. The following; ordinance was presented and read at length on first reading: ORDINANCE NO. 66, 1965 400NPTING AND APPROVING THE PLAT OF WHAT IS KNOWN AS THE THUNDERBIRD ESTATES TENTH ANNEXA- OP TO THE CITY OF FORT COLLINS AND TO BE INCLUDED WITHIN THE LIMITS AND JURISDICTION THERE STATPTFST,A19530 THE AUTHORITY CONTAINED IN ARTICLE 11, CHAPTER 139, COLORADO REVISED Motion was made by Councilman Carson, seconded by Councilman Bennett, that Ordi- nance No. 66, 1965, be considered favorably on first reading, and ordered published this 23rd day of December, A. D. 1965, and to be presented for final passage on the 13t1h. day of January, A. D. 1966. Roll was called resulting as follows: Ayes: Councilmen Johbson, Carson, McMillan, Bennett and Kruchten. Nayes: None. The President declared the motion adopted. 506 The following petition was presented and read at length: PFTTTTnN In compliance with provisions of Article 10, Chapter 139, Colorado Revised Statutes, 1963, the undersigned petition that the following described Peal property situate in the County of Larimer, State of Colorado, be annexed to the City of Fort Collins, Colo- rado: The Southwest 4 of the Northwest 4 of Section 21, Township 7 North, Range 69 West of the 6th P.M.; and, in support of this Petition, state: 1.. That the undersigned are the owners of the above -described real property; 2. That the above -described real property is at present unoccupied; 3. That the undersigned are qualified electors and land owners in the County of Larimer, State of Coloradop 4. That the resident address of each of the undersigned is as follows: Paul E. Wenke, 110 Ridgecrest Road, Fort Collins, Colorado . Gale E. Heiman, Route 2, Box 219B, Fort Collins, Colorado Isl Paul E. Wenke Isl Gale Heiman Trustee of the Alva J. ecksted and Mildred Trustee of the Alva J. Becksted G. Becksted Trust and Mildred G. Becksted Trust STATE OF COLORADO) ) SS. COUNTY OF LARIMER) I, Patricia A. Shaffer, a notary public in and for the County of Larimer, and State of Colorado, do hereby certify that PAUL E. WENKE and GALE E. HEIMAN, who are person- ally known to me to be the same persons whose names aresubscribed to the forgoing instrumen' appeared before me this 13th day of December, 1965, in person, and severally acknowledged the foregoing instrument. My commission expires: December 17, 1966 Isl Patricia n. Shaffer Notary Public The City Clerk advised the Council that this petition was not on the form required by the City of Fort Collins for annexation and that he recommended that the petition be referred to the Planning and Zoning Board subject to the filing of the proper annexation petition. Motion was made by Councilman Bennett, seconded by Kruchten, that this petition be referred to the Planning and Zoning Board subject to the conditions as stated above. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Kruchten. Nayes: None. The President declared the motion adopted. The following resolution was presented and read at length: JOINT RESOLUTION WHEREAS, at a meeting of the City Council of the City of Fort Collins, Colorado, and of the Chamber of Commerce of Fort Collins, Colorado, there has been presented the matte of a proposed merger of the Chicago, Rock Island and Pacific Railroad Company into Union Pacific Railroad Company, which matter has been considered by the City Council, and its support of Union Pacific Railroad Company has been sought by Union Pacific, and WHEREAS in Fort Collins it is recognized that Union Pacific Railroad Company, since 1870 when it becam e the first railroad in Colorado, has been serving the state and particularly that portion of the state north and east of Denver, with transportation ser- vice, and has been particularly serving Fort Collins and its adjacent area since 1911, and WHEREAS Fort Collins depends upon railroad service for t he carrying on and im- proving of its agricultural development and growth and bhe building up and improving of its comrerceand industries, which become more important to Fort Collins each year, and WHEREAS there is pending before the Interstate Commerce Commission in Finance Docket No. 23,268 an application for authority to merge the Chicago, Rock Island and Pacific Railroad Company into Union Pacific Railroad Company, and WHEREAS the City of Fort Collins and the' Chamber of Commerce from the study it has made and the presentations of information addressed to it in various meetings, feels tha this merger and purchase by Union Pacific of the Rock Island would result in improved and expedited rail transportation from Union Pacific and Rock Island points to Chicago, Peoria and Saint Louis through the eliminatian of interchange now required; and would result in strenghening Union Pacific and the improvement of the plant and car supply of Rock Island and enable Union Pacific to efficiently combat the ever increasing competition it is en- countering through various rail gate ways; and that such improvements in ability to serve the public would be in the "public interest", and would particularly prove of .advantage to the patrons of Union Pacific in the area surrounding Fort Collins. 507 __. December 2R. 196K NOW, THEREFORE, BF IT RESOLVED by the City of Fort Collins, Colorado, and the Chamber of Commerce of Fort Collins, Colorado that such merger of Rook Island into Union Pacific be approved, and further that a witness will be made available to testify in sup- port of such merger at such hearings as may be held in connection with Finance Docket No. 23,286. Dated this 23 day of December, 1965 THE CITY OF FORT COLLINS, COLORADO By THE CHAMBER OF COMMERCE OF FORT COLLINS, COLORADO By There was considerable discussion by members of the Council in reference to this resolution and it was the opinion of some that the City should maintain a neutral position on the matter. After further discussion, motion was made by Councilman Bennett, seconded by Councilman Kruchten, that this resolution be denied. Roll was called resulting as fol- lows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Kruchten. Nayes: None. The President declared the motion adopted. The application of the Southland Corp. dba 7-Eleven Store #56, 1001 Lemay Avenue, to the State of Colorado for 3.2% beer license was presented. The Council was advised that the Chief of Police had not completed his investigation of this license at this timeand the City Manager suggested that they proceed with the hearing as scheduled. W. H. Allen, Attorney representing the Southland Corp., asked that he be given the opportunity to pre- sent witnesses in this case. Mr. Henry Bridges, Colorado District Manager for 7-Eleven Stores, was called to the stand and sworn in. He was questioned to considerable extent by Mr. Allen as to the sale of 3.2% beer in his district. Mr. Bridges stated that this Corp. had a definite policy in regard to sale of beer. That no beer could be opened or drank on the premises and that no beer could be sold to any one under 21 years of age. He was questioned considerably as to the enforcement of this and the filing of an affidavit with the Council. Mr. Grady Story, Vice -President of the Fort Collins, Greeley and Loveland store, was called to the stand and questioned regarding the operation of the stores in this area. Mr. Dean Iverson, an employee of the 7-Eleven store at 1001 Lemay Avenue, was Called to the stand and questioned. He filed a petition circulated in the neighborhood of the store containing 98 signatures requesting approval of this license. Mr. Don Hecker, the assistant manager of store on Lemay, was questioned. He filed two petitions which he circulated, one contained 88 names and one 17 names. Mr. Don Handley, an employee, was called to the stand and questioned. He presented two petitions, one which contained 145 signatures and one which he presented at the counter containing 14 signatures. After questiohing by various members of the Council, the Mayor asked if there were any one presen ih opposition of the issuance of this license. Rev. Gerrit Boerfyn, pastor of the Emmanuel lf, with a petition signed by residents and various Christian Reform Church, present himse After discussion, motion was made by Kruchten, People in the neighborhood of the store- seconded by Carson, that this matter be tabled until the report of the Chief of Police on the InvestigationCarso has been completed. Roll was called resulting as follows: Ayes: Coun- cilmen Johnson, Carson, McMillan, Bennett and Kruchten. Nayes: None. e President de- clared the motion adopted. Mr. W. H. Allen requested to be heard by the Council in reference: to the furnish- 1hg of water on the basis of $200.00 per acre after the let of January, 1966 on undeveloped lots which are in the City proper, There was considerable discussion about this and the fietter was tabled for further consideration. Mr. Joe Banner wes present and advised the Council that they would have to make 508 a request for federal funds on the sewer outfall lines by January 3, 1966, at a meeting to be held in Denver, Colorado. He said that he had completed an application which would have to' be executed at this time and that there was one more form to be filed which had not ,yet arrived. He stated that he would bring all necessary forms for signature to Fort Collins on Monday, December 27, 1965. Motion was made by Councilman McMillan, seconded by Councilman Bennett, that the Mayor and City Clerk be authorized to execute the request for federal funds for sewer outfall lines. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Kruchten. Nayes: None. The President declared the motion adopted. The following resolution wEs presented and read at length: RESOLUTION OF THE COUNCIL OF THE CITY OF FORT COLLINS COMMEN➢ING FRANK G. SCHLEICHER AND R. L. COLWELL FOR THEIR SERVICES AS MEMBERS OF THE AIRPORT INTERIM COMMITTEE WHEREAS, Prank G. Schleicher and R. L. Colwell served as members of the Airport Interim Committee continuously from the formation of such committee on November 14, 1963, ur,,L tit its dissolution upon the creation of the permanent Fort Collins -Loveland Regional Air- port Board on December 16, 1965, and WHEREAS, during such period said Frank G. Schleicher and R. L. Colwell gave un- stintedly of their time, services and experience in matters pertaining to the Planning and construction of the Airport acquired by the Cities of Fort Collins and Loveland, and WHEREAS, it is the opinion of the members of the City Council of the City of Fort Collins that official recognition should be made of the services and contributions of the said Frank G. Schleicher and R. L. Colwell as members of the Airport Interim Committee. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF'THE CITY OF FORT COLLINS that Frank G. Schleicher and R. L. Colwell be and they hereby are commended for their valuable services and contributions to the City of Fort Collins and for the time, efforts and abiliti s that they contributed to the City as members of the Airport Interim Committee from November 14, 1963, to December 16, 1965; and BE IT FURTHER RESOLVED that this commendation be spread upon the minutes of the City of Fort Collins and that certified copies hereof be delivered to Frank G. Schleicher and R. L. Colwell. Passed and adopted at a regular meeting of the Council held this 23rd day of December, A. D. 1965. sl Harvev G. Johnson ATTEST: /a/ 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, Carson, McMillan, Bennett and Kruchten. Nayes: None. The President declared the motion adopted. Mr. Jesse Ault of 49 Taft Hill appeared before the Council in reference to the new water lines for those reddents along South Taft Hill Road who had lots some 600 feet long. It was suggested that it might be wise for those people to install meters at this ti He stated thatthey could not afford the installation of meters in full and it was suggested by Councilman McMillan that possibly the cost of the meters be prorated for thos persons under such circumstances for a period of time to be determined by the Administrative Department of t he City. Motion was seconded by Councilman Carson. Roll was called result- ins? as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Kruchten. Nayes: None. The President declared the motion adopted. The following communication was presented and read at length: UNITED STATES DEPARTMENT OF AGRICULTURE FOREST SERVICE December 15, 1965 Mr. Arthur E. March, Jr., Attty. Poudre Valley Bank Building Fort Collins, Colorado Dear Mr. March: The attached agreement is for Forest Service use of the Fort Collins Loveland Airport. This agreement must be completed before we can use the airstrip on a fire emergency basis. Itiaapplies to runways and taxiways only, and does not concern any other airport facilities. If/is satisfactory, please sign the original and return. If you have any questions, our offices are on the lath floor of the Rocky Mountain Bank Building, phone 482-5155. Sim erely yours, W. K. Kelso Forest Supervisor After discussion, motion was made by Councilman Carson, seconded by Councilman Bennett, that the Mayor be authorized t6 execute the agreement as requested subject to the approval of the Airport Board. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Kruchten. 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 APPOINTING MEMBERS OF THE FORT COLLINS PARKS AND RFCREATION BOARD WHEREAS, a Fort Collins Parks and Recreation Board was created by Ordinance No. 51, 1965, as amended, and WHEREAS, the following persons: Stewart G. Case, J. Ray French, Gary A. Garwood, Lowell M. Allen, Mrs. Willard 0. Eddy, Thurman F. McGraw, Robert M. Dunn, Charles W. Peters and Mrs. John Stewart, have indicated that they are willing to accept appointments on said Fort Collins Parks and Recreation Board and the City Council desires to appoint them to such Board. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Stewart G. Case, J. Ray French and Gary A. Garwood be and they hereby are appointed as members of the Fort Collins Parks and Recreation Board for a 2-year term or until their successors are appointed; that Lowell M. Allen, Mrs. Willard 0. Eddy and Thurman F. McGraw be and they hereby are appointed as members of said Board for a 3-year term or until their successors areappointed; and that Robert M. Dunn, Charles W. Peterson and Mrs. John Stewart be and they hereby are appointed as members of said Board for a 4-year term or until their successors are appointed. BE IT FURTHER RESOLVED that the foregoing appointments shall be effective immed- iately. Passed and adopted at a regular meeting of the Council held this 23rd day of December, A. D. 1965. /s/ Harvey G. Johnson Mayor ATTEST* /a/ Miles F. House City Clerk Motion was made by Councilman Carson, seconded by Councilman Kruchten, that this resolution be adopted. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Kruchten. Nayes: None. The President declared the motion adopted. The Chief of Police has requested strengthening the solicitor's ordinance, some- times known as the Green River Ordinance, to help them investigate same. The following ordinance was presented and read at length; on first reading: ORDINANCE NO. 67, 1965 BEING AN ORDINANCE AMENDING SECTION 5-25 OF THE CODE OF ORDINANCES OF THE CITY OF FORT COL- LINS, COLORADO, 1958, AS AMENDED, RELATING TO SOLICITING SALES IN THE CITY OF FORT COLLINS. Motion was made by Councilman Carson, seconded by Councilman Bennett, that Ordi- trance No. 67, 1965, be considered favorably on first reading and ordered published this 23rd day of December, A. D. 1965, and to be presented for final passage on the 13th day of 1966• Roll was called resulting as follows: Ayes: Councilmen Johnson, January, A. D• 51l't Carson, McMillan, Bennett and Kruchten. Nayes; None. The President declared the motion adopted. The following ordinance was presented on first reading: ORDINANCE NO. 68, 1965 BETNG AN ORDINANCE REQUIRING THAT ALL APPLICANTS FOR JOBS WITH THE CITY OF FORT COLLINS BE FINGERPRINTED. Motion was made by Councilman McMillan, seconded by Councilman Carson, that Ordi- nence No. 68, 1965, be considered favorably on first reading and ordered published this 23rd day of December, A. D. 1965, and to be presented for final passage on the 13th day of January, A. ll. 1966. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Kruchten. Nayes: None. The President declared the motion adopted. The following communication was presented and read at length: 900 Pitkin Fort Collins, Colorado December 22, 1965 City of Fort Collins Fort Collins, Colorado Gentlemen: I have purchased approximately 25/120ths of 3 shares of the capital stock of Lar- imer County Canal No. 2 Irrigation Company, and the same approximate fractional part of 100 acre feet of Northern Colorado Water Conservancy District water with my purchase of certain lands from the Strachan Company, which lands are now tentatively part of the City of Fort Collins as the Fahrenbruch Annexation. I hereby respectfully offer to sell to you at current fair market prices the wate rights and interests above described. Since the record title to said water still resides in the Strachan Company, I have asked and received the joinder of said Company in this offer. Payment of such pur- chase price as may be agreed upon between us should be made to the order of Jack Fahren- bruch and The Strachan Company. Yours very truly, /a/ Jack Fahrenbruch THE STRACHAN COMPANY /s/ John L. Strachan President After discussion, motion was made by Councilman Carson, seconded by Councilman McMillan, that this matter be referred to the Water Board and that the offer be entered as of 1965 and subject to an agreement to be prepared by the City Engineer. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Kruchten. Nayes: None. The President declared the motion adopted. The following communication was presented and read at length: December 14, 1965 City Council City of Fort Collins Fort Collins, Colorado Gentlemen: The undersigned hereby offers for sale to the City of Fort Collins five -eighths of one sh of the capital stock of the Pleasant Valley and Lake Canal Company at a price of $1500.00 based on a price of $2,400.00 per share. This water stock is offered to the City with the understanding that it will meet all re- quirements of the undersigned to furnish water in connection with the property now being annexed to the City of Fort Collins by the undersigned. This water stock is further being offered upon condition that the undersigned be allowed to rent the waters represented thereby back from the City at a rental equal to the assess- ment charges against said water stock plus .the handling fee charged by the City. This right shall apply for a period of five years from date. /s/ Fred P. Whitaker The following report on the above offer was presented to the Council: December 22, 1965 TO: City Manager FROM: Planning Director & City Engineer ": Proposal to purchase 5/8 shares of Pleasant Valley -and Lake Canal water from Fred P. Whitaker The above proposal has been formally made to the City. The involved contains 6.062 acres and is located in the NW4 Section 15, Township 7North, Range 69 West of the 6th P.M. A location sketch of the area is provided below. Annexation of the area was considered by the City Planning and Zoning Commission at their regular meeting December 7, 1965• The matter was withdrawn prior to final action, however, because a question of zoning could not be resolved. Although zoning has been con- sidered on abutting property owned by applicant on several previous occasions, neither zon- ing or annexation has previously been considered on this particular piece of property. It is the desire of the owner, Mr. Whitaker, to sell the P.V. & L.C. water (the total amount of water attached to the property) to the City at this time and in so doing, mare the Property exempt from the new regulation pertaining to the furnishing of water rights, without charger, which becomes effective January 1, 1966. Planning Director City Engineer Motion was made by Councilman Carson, seconded by Councilman McMillan, that this offer be tabled. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Kruchten. Nayes: None. The President declared the motion adopted. The following communication was presented and read at length: December 22, 1965 City Council City of Fort Collins Muhicipal Building Fort Collins, Colorado He' Bartels' First Annexation C�ehtlemen: 1 have been authorized to write t'nis letter on behalf of myself, John L. Rauch, Charles T. Collopy, and Arlah's Realty Corporation' The Council has requested that a provision be made in this annexation for a service road. When U.S. 287 (South College Avenue) is widened to four lands as has been requested by the 01tY, and the need for a service road is then demonstrated, a service road will be dedicate across the annexed area. This dedication is of course, conditioned upon the fact that full consideration will be given to our need for ingress and egress from said service road. It is also assumed that the City will have adequate utilities available for installation at our expense serto theso thate stion and this will include at least a six-inchwater lines atistotheedrlan's their needs for an automatic fire sprinkler system d°hn L. Rauch Charles T. Collopy, and I reserved an easement sixty feet in width across the front of the Ghent and ollOtin properties which lie north of the annexation and south ment to the City, if and when requested. of Drake Road. We will convey this ease separate letter of confirmation will be obtained from Arlan's. Yours very truly, /a/ Gene E. Fischer The City Attorney advised the Council that this letter would comply with a con- firmation of offer of dedication of 60 feet for access road but that a separate letter of confirmation would be filed by Arlan's themselves. The City Manager advised the Council that Greeley was in the market for some parking meters and asked the Council if they would give him authority to contract with Greeley on the selling of a number of those in storage. He stated that if we should replac meters in the downtown area, that we would probably replace them with more modern ones. Motion was made by Councilman McMillan, seconded by Councilman Bennett, that the City Manager be authorized to negotiate with Greeley for some of the parking meters that are now instorage. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, 51 McMillan, Bann ett 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, McMillan, Bennett and Kruchten. Nayes: None. The President declared the motion adopted and the Council adjourned. / AmmP.em.