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HomeMy WebLinkAboutMINUTES-02/10/1966-Regular554 MINUTES OF A REGULAR MEETING OF THE COUNCIL OF THE CITY OF FORT COLLINS, Held Thursday, February 10, 1966, at 1:30 o'clock P.1". 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 Bennett, that the reading of the minutes of the last regular meeting held February 3, 1966, be dispensed witl Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennetl and Kruchten. Nayes: None. The President declared the motion adopted. The following ordinance was presented on second reading: ORDINANCE NO. 5, 1966 BEING AN ORDINANCE AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES OF THE CITY OF FORT COLLIN� COLORADO, 1958, AS AMENDED, RELATING TO FERMENTED MALT BEVERAGES In compliance with the suggestion of Mr. W. H. Allen, to amend a certain section of this ordinance, the City Attorney presented the following amendment: One request of Mr. Allen was to reduce the adequate lighting section from 1.4 foot candles to 1 foot candle. The City Attorney advised the Council that this had been investigated and it was determined that this would be adequate light and that the 1.4 should be striken from Section 2-27 for the second reading. The following amendment was presented: Mr. Allen was presented and objected to the word "building" and requested that this be amended to say "premise". Motion was made by Councilman Carson, seconded by Coun- cilman McMillan, that the amendment be amended to strike out the word "building" and replac( with the word "premise". Roll was called resulting as follows: Ayes. Councilmen Johnson, Carson, McMillan, Bennett and Kruchten. Nayes: None. The President declared the motion adopted. Motion was made by Councilman Bennett, seconded by Councilman McMillan, that the amendment of the foot candle power and the amendment to be added at the end of the second paragraph of Section 2, be adopted. Roll was called resulting as follows: Ayes: Council- men Johnson, Carson, McMillan, Bennett and Kruchten. Nayes: None. The President declared) the motion adopted. The following amendment was presented and read at length: AMENDMENT TO ORDTNANCE NO. 5, 1966, ON FINAL READING Amend Section 2 bg adding at the end of the second paragraph: "in Cases where fermented malt beverages are sold in the same premise where other businesses are carried on either by the owner of the license to sell fermented malt beverapes or by another party, the gross receipts from all businesses carried on in said premise- shall be used in determining whether the business of selling fermented malt bever- ages constitutes over half of the gross receipts from the operation." Motion was made by Councilman Bennett, seconded by Councilman McMillan, that Ordinance No. 5, 1966, be adopted on final reading, as amended, and become a law upon passage. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan Bennett and Kruchten. None. The President declared the motion adopted. This being the date of the hearing on the Rhodes Second West Elizabeth Annexation the following ordinance was presented on first reading: ORDINANCE NO. 19, 1966 BFTNG AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE CTTY OF FORT COLLINS Motion was made by Councilman Carson, seconded by Councilman McMillan, that Ordinance No. 19, 1966, be considered favorably on first reading and ordered published this 555 February 10 1966 110th day of February, A. D. 1966, and to be presented for final passage on the 3rd day of March, A. D. 1966. Roll was called resulting as follows: Ayes: Councilmen Johnson, Care 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 GIVING NOTICE CONCERNING A PROPOSED ORDINANCE AMENDING CHAPTER 19 OF THE CODE OF ORDINANCES OF THE CITY OF FORT COLLINS, COLORADO, 1958, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE, IN ORDER TO CLASSIFY FOR ZONING PUR- POSES CERTAIN PROPERTY BEING ANNEXED TO THE CITY OF FORT COLLINS WHEREAS, heretofore the City Council of the City of Fort Collins initiated annexation procedures for certain property known as the Rhodes Second West Elizabeth Annex- ation to the City of Fort Collins more particularly described in the "Notice of Public Hearing" attached hereto, and WHEREAS, the owners of said property have petitioned that said property be inclu ad in the R-L Low Density Residential District, and WHEREAS, the Planning and Zoning Board has made a study of said zoning request and has held a hearing and has made a report and recommendation thereof, all in accordahoe with Section 19-46 of the Code of Ordinances of the City of Fort Collins, Colorado, 1958, as an ended, and WHEREAS, the City Council desires to hold a hearing on said zoning request as required by said Section 19-46. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that March 3, 1966, at 1.30 P.M., or as soon thereafter as the matter may come on for hearing, in the Council Chambers in the City Hall of the City of Fort Collins, is hereby set as the time and place for a public hearing on said zoning request; and BE IT FURTHER RESOLVED that the City Clerk is hereby instructed to publish a notice of said hearing as provided in Section 19-46 of the Code of Ordinances of the City of Fort Collins, Colorado, 1958, as amended, in the form attached hereto. Passed and adopted at a regular meeting of the City Council held this loth day of February, A. D. 1966. /a/ Harvey G. Johnson Mayor ATTEST /s/ Miles F. House City Clerk NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Notice is hereby given that on March 3, 1966, at 1:30 P.M., or as soon thereafter as the matter may come on for hearing, in the councipubliclhearingronln the City Hall of a petition heretoforeeCity filed of Fort Collins, the City Council will hold a public West Elizabeth Annexation be lac- requesting that the property comprising the Rhodes p Dist under the zoning ordinances of the City of Fort ed in a R-L Low Density Residential ric Collins, Colorado. The property comprising said annexato°wit9 more particularly described as situate in the County of Larimer, State of Colorado, Considering tas he North line of Section line of theiN17 North, Range 69 6 as be bearing N. 89°35'30" W. and the East li e of the NZ el said Section begin at 16 as bearing N. 00025' W, and with all bearings W. 2970.00 feet hereland eagain eS. 000251 E. 1848.00 a point which bears N. 69°35`30 W. 2970 and run thence N. 89035'3O" W. 16 00 feet from the NF corner of 28i00Sectionthence N. 89°35130" W. 100.00 feet; thence f0;et89°35'30" E. 264.00 feet; thence N. 000251 feet; thence N. 00 25 W• ,thence 4 S. 00°25� E. 1120.00 feet; oint of beginning; W. 792.00 feet to the p of February, A. D. 1966. Dated at Fort Collins, Colorado, this loth day /s/ Miles F. House City Clerk Motion was made by Councilman Carson, seconded by Councilman McMillan, that this resolution be adopted. Roll was called resulting as £o17.ows: Ayes: Councilmen Johnson, Nayes: None. The President declared the motion Carson, McMillan, Bennett and Kruchten• adopted, the Valley Hi Second Annexation, the follow - This being the date of the hearing on ing ordinance was presented on first reading: 556 ORDINANCE NO. 20, 1966 BEING AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE CITY OF FORT COLLINS, COLORADO Motion was made by Councilman Carson, seconded by Councilman Bennett, that Ordi- nance No. 20, 1966, be considered favorably on first reading and ordered published this 10t day of February, A. D. 1966, and to be presented for final passage on he 3rd day of March, A. D. 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 resolution was presented and read at length: RESOLUTION OF THE COUNCIL OF THi; CITY OF FORT COLLINS GIVING NOTICE CONCERNING A PROPOSED ORDINANCE AMENDING CHAPTER 19 OF THE CODE OF ORDINANCES OF THE CITY OF FORT COLLINS, COLORADO, 1958, AS AMENDED, COMMONLY KNOWN AS TH . ZONING ORDINANCE, IN ORDER TO CLASSIFY FOR ZONING PURPOSE; CERTATN PROPERTY BEING ANNEXED TO THE CITY OF FORT COLLINS WHEREAS, heretofore the City Council of the City of Fort Collins initiated annexation procedures for certain property known as the Valley Hi Second Annexation to the City of Fort Collins more Particularly described in the "Notice of Public Hearing" attached hereto, and WHEREAS, the owners of said property have petitioned that said property be includ ed in the R-L Low Density Residential District, and WHEREAS, the Planning and Zoning Board has made a study of said zoning request an( has held a hearing and has made a report and recommendation thereon, all in accordance with Section 19-46 of the Code of Ordinances of the City of Fort Collins, Colorado, 1958, as amended, and WHEREAS, the City Council desires to hold a hearing on said zoning request as required by said Section 19-)4-6. Now, THEREFORE, BE IT RESOLVED BY THE. COUNCIL OF THE CITY OF FORT COLLINS that March 3, 1966, at 1:30 P.M., or as soon thereafter as the matter may come on for hearing, in the Council Chambers in the City Hall of the City of Fort Collins, is hereby set as the time and place for a public hearing on said zoning request; and E IT F?iRTHER RESOLVED that the City Clerk is hereby instructed to publish a notice of said hearing as provided in Section 19-46 of the Code of Ordinances of the City of Fort Collins, Colorado, 1958, as amended, in the form attached hereto. Passed and adopted at a regular meeting of the City Council held this lOth day of February, A. D. 1966. ATTEST: Is/ Miles F. House City Clerk s/ Harvey G. Johnson ayor NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Notice is hereby given that on March 3, 1966, at 1:30 P.M., or as soon thereafter as the matter may come on for hearing, in the Council Chambers in the City Hall of the City of Fort Collins, the City Council will hold a public hearing on a petition heretofore filed requesting; that the property comprising the Valley Hi Second Annexation be placed in a R-L Low Density Residential District under the zoning ordinances of the City of Fort Collin: Colorado. The property comprising said annexation is more particularly described as situate in the County of arimer, State of Colorado, to -wit: A tract of land located in the NE4 of Section 16, Township 7 North, Range 69 West of the 6th P.M., Larimer County, Colorado, being more particularly described as follows: Beginning at the NE corner of said tract, from which the NE corner of Section 16, Township 7 North, Range 69 West of the 6th P.M., Colorado, bears N. 62039145" E. a distance of 2837.21 feet; thence S. 0'25' E. a distance of 1325.41 feet to the centerline of West Elizabeth Street; thence N. 89°45' W. along the centerline of said street, a distance of 45.97 feet to the SW corner of the tract thbnre N. 0'25' W. a distance of 1325.54 feet; thence S. 89035130" E. a distance of 45.97 feet to the point of beginning; Dated at Fort Collins, Colorado, this loth day of February, A. D. 1966. 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, 557 Carson, McMillan, Bennett and Kruchten. Nayes: None. The President declared the motion adopted. The City Clerk advised the Council that this was: the date of the hearing on the North Side Baptist Church Annexation but the stipulation of the Planning and Zoning Board that a discrepancy by both discriptions of this annexation and the Mountain View Annexa- tion should be cleared up by the Engineer and a dedication of 40 feet for the Sz of the right-of-way on Vine Drive should be completed before the adoption of the ordinance. Motion was made by Councilman McMillan, seconded by Councilman Bennett, that this hearing be tabled until the stipulations as recommended be complied with. Roll was called result- ing 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 COT'NCTL OF T-47 CITY OF FORT COLLTNS GIVING PUBLIC NOTICE CONCERNING A PROPOSED Oi3DINANCE CHANTING TTTE' ZONTNG MAP OF THE CITY OF FORT COLLINS AND AMENDING CHAPTER 19 OF THE CODR OP ORDINANCES OF THE CITY OF FORT COLLINS, COLORADO, 1958, AS A MENDED, COMMONLY KNOWN AS THE ZONTNG OR1%TNANCE WFERFAS, certain properties have recently been annexed to the City of Fort Collins which properties have not been placed in zoning districts established by Chapter 19 of the Code of Ordinances of the City of Fort Collins, Colorado, 1958, as amended; and WHEREAS, the Planning and Zoning Board has made a study of said properties and has recommended zoning; clas:-ifications for said properties; and WHEREAS, the City Council desires to hold a public hearing in order to consider the zoning for said prone -ties as required by Section 19-21.1 (2) of the Code of Ordinances of the City of Fort Collins, Colorado, 1958, as amended. NOW, TFTEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that March 3, 1966, at 1:30 P.M., or as soon thereafter as the matter may come on for hearing, in the Council Chambers in the City Hall of the City of Fort Collins is hereby set as the time and place for a public hearing to consider he zoning of said properties; and BE IT FTTRTHRR RESOLVFD that, the City Clerk is hereby instructed to publish a notice of said he ring as provided in Section 19-21.1 (2) of the Code of Ordinances of the City of Fort Collins, Colorado, 1958, as amended, in the form attached hereto. Passed and adopted at a regular meeting of the City Council held this loth day of February, A. D. 1966. ATTEST: /sl Miles F. Hois e City Clerk s/ Harvey G. Johnson avor NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Notice is hereby given that on March 3, 1966, at 1:30 P.M., or as soon thereafter as the matter may come on for hearing, in the Council Chambers in the City Hall of the City of Fort Collins, the City Council will hold a public hearing to consider placing the f,mllowing described properties in zoning districts as indicated following the description of each property: to the City of Fort Collins, Colorado All of the Pierce Annexation zoning district proposed is R-L Low Density Residential district; All of the Hohimer Hnnexation to the City of Fort Collins, Colorado; Residential District; zoning; district proposed is R-L Low Density e exation to the City of Fort Collins, Coloradc All of the South Tait Hill Fourth Ann R-L Low Density Residential District; zoning district proposed is Fourth College Annexation to the City of Fort Collins, Colo - described as follows, to -wit: That portion of the Si of That portion of the d North, Range 69 West of the 6th P.M., which is rado, more particularlyTownship Section 22, Annexation and which lies East of the boundary of the the NW4 he Fourth College within the No. 2 canal; District; Latimer County Density Residential -M Medium zoning district proposed is R 558 That portion of the Fourth College Annexation to the City of Fort Collins, Colo- rado, more particularly described as follows, to -wit: Commencing at a point whic is N. 89°30' W. along the South line of Section 23, Township 7 North, Range 69 West of the 6t1a P.M., from the SE corner of said Section 23, thence N. O°33' E. 785.3 feet; thence S. 89°491 W. 55.49 feet more or less to the right of way of the Colorado and Southern Railway Company; thence Southerly along said right of way to the South line of said Section 23; thence Easterly along the south line of said Section 23 to the point of beginning; zoning district proposed is B-G General Business District; All of the Fourth College Annexation to the City of Fort Collins, Colorado, except those portions described above and except any portion thereof owned by the State Board of Agriculture; zoning district proposed is R-L Low Density Residential District; That portion of the Fourth College Annexation tothe City of Fort Cellins, Colo- rado, owned by the State Board of Agriculture more particularly described as follows, to-wi.t: The W� of the NE4 and the A of the SEof the NE4 of Section 23 Township 7 North, Range 69 West of the 6th P.M.; and that portion of the SEh of Section 23,, Township 7 North, Range 69 West of the 6th P.M. lying West of the railroad right of way consisting of 84 tillable acres; and the SW4 of Section 23, Township 7 North, Range 69 West of the 6th P.M., except a parcel of land described as follows, to -wit: A parcel of land in the SW4 of Section L3, Town- ship 7 North, Range 69 West of the 6th P.M., Larimer County, Colorado, contained within boundary lines which begin at a point which begin at a point which is North 00023f West 234.63 feet and North 89°37' East 30 feet from the SW corner of said Section 23 and running thence North 00°231 West 401.11 feet; parallel to the West line of said Section 23, thence North 89°37' East 122 feet, thence South 000231 East 366.50 feet; thence South 66033T West 88.72 feet; thence South 870471 West 39.80 feet to the point of beginning, and which contains 1.112 acres, more or les ; and that portion of the SE4 of Section 23, Township 7 North, Range 69 West of the 6t1a P.M. lying West of the railroad right of way consisting of 94 tillable acres; zoning district proposed is R-H High.Density Residential District. Dated at Fort Collins, Colorado, this loth day of February, A. D. 1966. /s/ Miles F. House City Clerk Motion was made by Councilman McMillan, seconded by Councilman Bennett, 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 following report was presented and read at length: TO: City Manager DATE: February 7, 1966 FROM: Director of Public Works Re: Requests rom County Commissioners for change in speed limits on certain streets. The City has been requested by the Larimer County Commissioners to consider changing the speed limits on certain routes which, by virtue of annexation, exist technical: as City Streets but in fact exist as rural routes. There are also a number of instances in which the City limits run down the center of the street and the route exists "half -in" and "half -out" of the City. There are also a number of instances in which a route may be totally in, then totally outside, and in again in relatively short distances. Fxcept when changed specifically in the ordinance, the speed limit in residential areas is set at 30 M.P.H." The commissioners feel that in certain of the instances indi- cated, it is improper to have a speed limit of 30M.P.H. on an undeveloped rural route; 30 M.P.H. in one direction on the route, 45 MPH on an undeveloped rural route; 30 MPH in one direction on the route, 45 MPH... the speed limit normally assigned in the county...in the other direction; or to change the speed from one limit to the other two or more times in a traveled distance of 2 or 3 miles. Following, in tabular summary, are some specific sections where the commissioners feel that a bad situation exists. In each instance, the situation could be corrected by changing the City speed limit to 45 MPH. 1. Shields Street Prospect South to Drake 2. Taft Hill Road Drake Road North 4 Mile 3. Overland Trail Beginning 4 Mile South of Mulberry, 4. Overland Trail North 330 feet. Prospect South mile. 5. Drake Road Taft Hill Road East to Railroad 6. Lemay Drake North a mile 7. Drake Rid Along the South Boundary of Parkwood Subdivision A sketch is attached showing the locations. I am in agreement with the request of the commisioners and have discussed it with the Police Chief who also agrees. Two propositions should, however, be considered. As we continue to annex, such situations are going to continue to develop. We should perhaps consider such points at the time of annexation if this is legally possible. Also, a continuous look should be given those areas changed and they should be returned to 30 MPH a development occurs. 559 III February 1.0. 1 /s/ Adam Fischer Director of Public Works r "Section 23-9. Local speed laws applicable. (a.) No vehicle shall be driven at a greater rate of speed upon the streets within the corporate limits of the City than ,,.30 MPH upon all streets within the district designated 'Residential District' ...."Code of Ordinances, City of Fort Collins. The City Engineer explained the reason for the request of the County Commissioner and there was considerable discussion between the City Council, City Manager, City Attorney and the City Engineer in reference thereto. After discussion, motion was made by Council- man Carson, seconded by Councilman McMillan, that this request be tabled for further study and investigation by the Administration and reported back to the Council results of same. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Kruchten. Nayes• None. The President declared the motion adopted. Stanley Case, Director of Utilities, briefly run over the electric utilities study of R. W. Beck and Associates and then presented the following report: February 7, 1966 To: Tom Coffey, City Manager From- Stanley R. Case, Director of Utilities Subject: Electric Utility System Study Report The Light and Power Department concurs in principle in the basic concept of the Plan for System Development for the Fort Collins Electric Utility as set forth in the R• W. Beck System Study Report now in the hands of the City Council. The combined maximum continuous capability of the City's bulk power delivery facilities, plus steam generation, will reach its limitations by the fall of 1967, and it is therefore imperative that we expand our capacity to accept bulk deliveries at 115kv and transform this power for delivery to the load centers prior to tkis time. This matter was brought to the attention of the Council by copies of the attached report one year ago. Due to the manufacturing lead time required for a substation of this size along with supporting swit gear, take -off etstructures, asand soontransmission possible. Thiswill it is necessary that engineering and design g than enable complete bid specifications 1g66e available nlater ll willpermitdeliveryofmaterialslby April Contract Award target of August 1, leted by mid -July or August 1, 1967, leaving one to 1967, enabling construction to be comp two months for shake -down, tests, and acceptance prior to the critical date. Power Department recommends to the Council that authorization be The Light and te with granted the City Manager to negotiaColoelEngineering efollowService Contract following: w th R. W. Beck and Associates of Denver, 1. 115kv take -off structure design including USBR coordination and approval. 2. 115kv transmission line design from the USBR take -off point to the Receiving Station. 3, Engineering and design of one 1+0mva, 115/13.8kv Receiving. Station with support ing switchgear. All necessary field surveys required by the above. 4. 5, Complete drawings and bid specifications for the above. tance in the final inspection and acceptance of the completed 6. Technical assis system. The proposed engineering service contract fid. I nbe handled eitherr case, it ittisrthemestimate materials for professional services, or by If this department that the total cost o£ the service contract wihoursll tdraftin exceed time, 180 This estimate is based upon 946 hours for a SeniTechncians, por Engineer, llus miscellaneous labor, and hours Secretary time, 128 hours for Engineering would include 25 different drawings with 50 copies each. It is also estimated that the total cost of the project including take -off struc- 000. ture, 115kv transmission line, and step-down substation, will run approximately reasonable. to engineering service contract of $22,000 would be about 5-1/10% which is quite reasonable. /s/ Stanley R. Case Director of Utilities as made by Councilman Bennett, seconded by Councilman After discussion, motion w Carson, that the City authorized to neg Manager be otiate a contract with R. W. Beck and ineering for the proposed expansion of the power system. Associates to do the drawing and eng Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett esident declared the motion adopted. and Kruchten. Nayes: None. The Pr 15-60 February 10, 1966 The following communication was presented and read at length: January 31, 1966 To: Tom Coffey, City Manager From: John L. Baudek, Administrative Assistant Subject: Parks and Recreation Board Ordinance #51-65 The Ordinance establishing the Parks and Recreation Board does leave some items unexplained and unclear. I recommend that the Ordinance be sent to the City Attorney for amendments. Suggested amendment No. 1, Section 4. "Said Board shall consist of 9 voting members who shall serve for 4 years or until their successors are appointed, and the initia appointments shall specify the term of office of each indivisual in order to achieve over- lapping of tenure. All members shall be subject to removal by the City Council. The mem- bers of said Board shall serve without compensation. The City Manager or his representa- tive (Director of Parks and Recreation), shall be an ex-officio non voting member of the board and attend all meetings. The City Council will appoint one of its members an ex- officio non voting member on the Board." This amendment was suggested by Councilman Tom Bennett with the concurrence of Board Members, Gene Allen, H. R. Phillips and myself. Respectfully submitted, John L. Baudek Administrative Assistant Additional Remarks: Should probably specify that initial appointments shall be: 3 members for 2 years, 3 members for 3 years, and 3 members for 4 years. After discussion of this by the City Manager and the City Council, motion was by Councilman McMillan, seconded by Councilman Carson, that the matter be referred to the City Attorney for the amendments. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Kruchten. Nayes: None. The President declared the motion adopted. After discussion between Mr. Stanley Cas%, the City Manager and the Council, the following resolution was presented and read at length: RESOLUTION OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING THE TERMS OF A CONTRACT FOR ELECTRIC SERVICE TO BE ENTERED INTO WITH THE UNITED STATES OF AMERICA AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE SAME ON BEHALF OF THE CITY BTU; IT RESOLVED BY THE. COUNCIL OF THE CITY OF FORT COLLINS, COLORADO, that the Mayor and City Clerk be and they are hereby authorized to execute for and on behalf of the City o£ Fort Collins, Corrado, the attached contract for electric service with The United States of America, which contract was duly presented to the City Council, and which contract is hereby approved. Passed and adopted at a regular meeting of the City Council held this loth day of February, A. D. 1966. S/ H ayor ATTEST /s/ Miles F. House City Clerk G. Johnson Motion was made by Councilman Carson, seconded by Councilman McMillan, that this resolution be a dopted. Roll was called resulting as follows: Ayes: Councilman Johnson, Carson, McMillan, Bennett and Kruchten. Nayes: None. The President declared the motion adopted. The following communication was presented and read at length: TO: Mayor and City Council FROM: Tom Coffey, City Manager RE: City Warehouse and Service Facility February 7, 1966 The administration has completed a review of the proposed location of the Cityfs Warehouse and Service Facility. It has been generally accepted that the new installation would be constructed on the old City owned dump site in the northeast corner of the inter- section of College Avenue snd Willow Ytreet (south of the City's power plant). 561 Although the site was known to be very unstable as a result of years of uncontrol led dumping, and that as a result- of this instability a structural floor system supported on piers would have to be constructed in at least the ware house portion of the facility, lit was the feeling that this additional expense would be offset by the fact that the City owned the land. This general feeling along with the attitide that because of the sites clo proximity to College Avenue, City Hall, the City+s power plant, and the railroad made it' appear to ba a prime location. As a result, little or no consideration was given any other location. During the last stages of planning, however, the question of a future outer -loop highway ccnnection between U.S. 87 and U.S. 287 arose. The possibility of constructing such a connection has been under consideration for a number of years and the most discussed route has been Parallel to the C & S. Railroad track which runs in a northwesterly directio, across the north part of the City. A highway constructed along such a route could, of course, bisect or at least cross a pa;-t of the dump site. Representatives of the State Highway Department were called in to discuss the matter. Planning of the State has not progressed to the point that any definite committment could be obtained. But it was acknowledged by officials of the Department that yes, such a connecting route was probable; yes, a route closely following the railroad would be realistic; and yes, if such a route were constructed the changes of crossing College Avenue in the vicinity of the dump site (and using a part of the dump site for the interchange that would be required) was a good possibility. As a result of the meeting, it was deemed proper to at least look at some other Ipossible location. In taking the second look, we found the location on North Wood Street. The Council is provided with location sketches of the two sites under consideration and a tabular summary of the evaluation that this office has made of the two sites. Tom Coffey City Manager The follwing communication was presented and read at length: TO: The Mayor and City Council FROM: Tom Coffey, City Manager STTBJECT: Service Center Location Attached is a report comparing the proposed Woods Street location for the new Service Center with the Willow Street location. I definitely recommend that the Woods Street location be selected. I make this recommendation based on suitability of site from a cost standpoint, and the fact that the site is closer to a larger portion of the City. am sure the attached Pavers will bear out my recommendation. We have the proposed location of the buildings takeStaked out on the Woods the lan( Street location site. Adam Fischer or myself will be happy to explain the stakes at any time prior to Council Meeting. Respectfully yours, Isl Tom Coffey City Manager The City Manager discussed the necessity of obtaining another site for the loca- tion of this service center and the reason therefore. The Mayor asked if it was possible to obtain a railroad spur to serve this location. The City Manager advised him that, while if had not been definite, it was assumed that this would be available with a back end spur. Some questions were asked by members of the Council and discussion. After discussion, the City Manager advised the Council that the City had an option of 10 acres and asked approval of the City to proceed and exercise the option. Motion was made by Councilman Carson, seconded by Councilmar Kruchten, that the change of location of the proposed service center site be annroved and the City Manager authorized to proceed to exercise the option to pur- chase the land. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Kruchten. Nayes: None. The President declared the motion adopted. The Cit�r Manager brought up the matter with Vealess Hudspeth on his traffic report He stated that Mr. Hudspeth would be available any evening on February 21, 22 or 23. The ined to be the best date by members of the evening of Tuesday, February 22, 1966, was determ be instructed to notify Mr. Hudspeth of this date. Council and the City Manager Mr. Demmus Harented a beautification plan for Downtown vey was present and pres Cott Collins in which there would be planters placed upon the curb containing trees and iscussion between Mr. Harvey and members of the Council, shrubs etc. After considerable d such a program, motion was made by Council - oho expressed their opinion as being in favor of this matter be tabled for one week for ran McMillan, seconded by Councilman Carson, that Roll was called resulting as follows: Ayes: Councilmen Johnson, study and investigation. 56 February 10, 1966 Carson, McMillan, Bennett and Krnchten. Nayes: None. The President declared the motion II adopted. The City Manager advised the Council that it was going to be necessary to con- struct a storm sewer drainage for the South College Heights Subdivision and that a tentativF plan had been arrived at which would cost in the neighborhood of ,$26,000.00. The City has on file in escrow approximately $6,000.00 placed there by Wheeler and Associates to apply or this storm sewer project. After discussion, motion was made by Councilman Carson, seconded by Councilman Bennett, that the City Manager be authorized to proceed with the storm drain- age project. 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: BOB WOLF REALTY February 8, 1966 Dear Sirs: Please find attached a plot plan for a proposed small apartment house, including an off-street parking arrangement. You will note that under the current ordinance there are ample spaces provided on the ratio of 1' spaces per dwelling unit. In question is the right to enter into the spaces to and from alleys adjacent to the property. The current "curb cut" ordinance re- stricts and in may cases prohibits the use of planned off-street parking spaces that would otherwise be available. The plot plan before you is one which was verbally approved by the former Buildin Insnector. As a result, Mr. Childress, who has arranged to purchase the property, has made considerable committments financially and otherwise. While we are seeking your approval of this plan, please be a^sured that we are not here to take your time on a small matter of concern to only a few people. The problem is one presently affecting several developers and will, no doubt, affect others in the future. It seems reasonable to conclude that in certain cases off-street parking driveway requirements should be waived when the property in question parallels or backs on to a City alley. Items to take into consideration, at this point would seem to be: (1) Amount of traffic in the alley in question; (2) Eventual re -wording of the "curb cut" ordinance; (3) The empowering of the City Engineer to determine in any given situation whether or not an alley/property line may be crossed to enter off-street parking spaces. Sincerely yours, /s/ Robert M. Wolf, Jr. The matter of the curb cut ordinance referred to in this communication, was explained to the Council by the Director of Public Works and the following communication was presented and read at length: T0: City Manager FROM: Building Inspection Department THRTT: Director of Public Works RE: Clarificati,)n of certain provisions of Ordinance Number 19, 1964, Providing for the Regulation of Curb Cuts and Driveways from Streets in the City of Fort Collin, 1. Background In recent weeks at least three protests have been registered with the Building Inspection Department over the application of the Curb Cut Ordinance in c:mnju notion with the New Zoning Ordinance, (Ordinance 46, 1965). The problem is created by the requirement that substantial amounts of off-street parking must be provided at, or adjacent to, new multiple family dwellings. In an effort to provide the requisite amount of useable parking the developers typically propose such solutions as continuous curb cuts on alleys adjacent to their property. The Building Inspection Department has disapproved these proposals on the basis that: (a) The curb cut ordinance limits residential properties to two curb cuts (Sec- tion 9 (B) 6, page 5). (b) The ordinance applies to alleys whether or not a curb is installed, because by definition the term "Street" includes any "street, alley, or other public place". (Section 2, page 1) and (c) While the typical solution proposed by the developers usually calls for actual parking on privately owned land, the maneuvering space, i.e., the space required to enter or leave the parking invariably is indicated as being in the public alley. 2. Discussion The literal application of the Curb Cut Ordinance together with the parking requirements set forth in the Zoning Ordinance do operate to increase the amount of land a developer must devote to parking. Some have protested that the amount is so great as to make small multiple `hmily residence construction infeasible because of the high.. price of 56e February 10, 1966 land. Other property owners who had nreviousl_y planned to utilize their land for apartment development now maintain that they cannot proceed because the amount of land devoted to narking_, space usurps the builiinF� space. The problem affects enough people that Mr. Robert M. Wolf-, Jr., a local real estate dealer, has written a letter dated February 8, 1966, concerning the matter. Other protests may be expected to follow. Relief from hardships caused by the application of the Curb Cut Ordinance is to be provided by the C ty Council (Section 10). Relief under the Zoning ordinance is provided b, the Zoning Board of Anneals. The kinds of relief which may be granted are similar in nature and should probably be handled by the same authority to simplify administration and assure consistency in application. It is entirely likely that certain alleys in Fort Collins are so little travelled that it would be possible, without sacrificing; equity and fairness to all concerned, to permit use of the alley as na neuvering, space to approach and leave parking on privately owned land. On the other hand there are mane locations where to permit such use would increase existing congestion, 'create additional traffic hazards, and would tend to deny equal benefits to all users of the alley. Thus, it would not be practical to amend the Curb Cut Ordinance to permit unrestricted use of parking adjacent to alleys in all areas of the City. On the other hand, approval of numerous exceptions to the general rule tends to create problems in enforcement. 3. Conclusion and Recommendations It is Suggested The problem involves policy determination and warrants discussion with the Council ggested that the problem be presented to the Council for discussion to determine: (a) If the Council desires to grant relief to certain developers by granting continuous curb cuts on certain alleys. (b) If so, would it not be preferable to amend ordinance Number 19, 1964, to Provide that the individual cases be acted upon by the Zoning Board of Appeals rather than by Council itself? (c) If the Council reaffirms its intention to require that off-street parking include adequate maneuvering room on the private property, would it not still be preferable to amend Ordinance No. 19, 1964, as suggested in (b) above? Concurrences; Gene Allen Director of Planning Adam Fischer Director of Public Works Feb. 10, 1966 aOTE: My only comment would be to emphasize the difference in purpose between an alley and Street, realizing that by definition in the ordinance an alley has been classified as a Street. I believe the ordinance is not equitable in classifying those similarly. An alley is normally dedicated to provide access to the rear of individual lots or properties. Other functions are to give access for trash collection, maintenance of util- itles, etc. These uses involve traffic, often only localized and slow, which would usually be expected to travel in the alley only until reaching a street. The streets then are intended to provide for movement of more uehicles at higher speeds for greater distances. The ordinance appears tm inconsistent in regulating curb cuts in alleys, where actually there are few, if any, curbs. After considerable discussion between members of the Council, City Manager, City Rngineer and Mr. Wolf, motion was made by Councilman McMillan, seconded by Councilman Gar'son, that this matter be referred to the City Manager, City Engineer and City Attorney to make a specific recommendation on this matter. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan,Bennett and Kruchten. Nayes: None. The Presi declared the motion adopted. Dr. J. W. Byers appeared before the Council in reference to the same situation Of off-street narking and curb cuts for same for an office building to be erected at the South Southwest corner of West Mulberry and/Meldrum Street. The Council advised him that this tter was being taken under investigation for changes, if necessary. The following resolution was presented and read at length: RESOLUTION F THE COUNCTL OF THE CITY OF FORT COL•LINS APPROVING THE APPLICATION BY THE CITY OF FORT OLLINS FOR THE RENEWAL OF TEMPORARY USE PERMITS FOR 75 ACRE FEET OF WATER FROM THE WORKS F THE NORTHERN COLORADO WATER CONSERVANCY DISTRICT WHEREAS, the City of Fort Collins has heretofore acquired 75 acre foot units of ter from the works of the Northern Colorado Water Conservancy District, and WHEREAS, under the rules of usedpermitscin connectionswith said 75Plication acrefoot units de for the renewal of the temp 7564 I Ilof water for a period terminating March 1, 1967, and II WHEREAS, the Northern Colorado Water Conservancy District has submitted an appro- priate form of application for the renewal of said temporary use permits to be submitted by the City of Fort Collins. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the Mayor and City Clerk be and they hereby are authorized and directed to make application for the renewal of the temnorary use permits in connection with the 75 acre foot units of water heretofore acquired by the City of Fort Collins. Passed and adopted at a regular meeting of the City Council held this 10th day of February, A. D. 1966. ATTEST: sl Miles F. Hou y /s/ Harvey G. Johnson Mayor Motion was made by Councilman Carson, seconded by Councilman McMillan, that this esolution be adopted. Roll was called resulting as follows: Ayes: Councilmen Johnson, arson, McMillan, Bennett and Kruchten. Nayes: None. The President declared the motion adopted. The City Manager presented specification and plans for the audio and recording system for the Council Chambers and requested approval to call for bids on same for 10:00 A.M. Thursday, February 24, 1966. Motion was made by Councilmen Carson, seconded by Coun- cilman McMillan, that the City Manager be authorized to call for bids at the requested time and date. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan Bennett and Kruchten. Nayes: None. The President declared the motion adopted. Motion was made by Councilman Bennett, seconded by Councilman Carson, that the Council adjourn. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, IcMillan, Bennett and Kruchten and the Council adjourned. ATTEST: %Z City Cler) Nayes: None. The President declared the motion adopted m ;.may