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HomeMy WebLinkAboutMINUTES-03/10/1966-Regular500 March 10, 1966 MINUTES OF A REGULAR MEETING OF THE .COUNCIL OF THE CITY OF FORT COLLINS, Held Thursday, March 10, 1966, at 1:30 o'clock P.M. Present: Councilmen Johnson, Carson, McMillan, Bennett and Kruchten. City Manager Coffey, City Attorney March and Acting Director of Public Works E. J. Hilgenberg. Absent: C. Adam Fischer, excused. Motion was made by Councilman Bennett, seconded by Councilman McMillan, that the reading of the minutes of the last regular meeting held.March 3, 1966, 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. The following ordinance was presented on second reading: ORDINANCE NO. 21, 1966 BEING AN ORDINANCE AMENDING SECTION 1-13.58 OF THE CODE OF ORDINANCES OF THE CITY OF FORT COLLINS, 1958, AS AMENDED, RELATING TO MEMBERSHIP IN THE PARKS AND RECREATION BOARD. Motion was made by Councilman McMillan, seconded by Councilman Carson, that Ordi- nance No. 21, 1966, be adopted and become a law upon 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 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 the construction, maintenance and operation of a 21-inch and a 42-inch sanitary sewer pipe line across the right of way and under the track of the Railroad Company's Fort Collins Branch, near Fort Collins, Larimer County, Colorado; said agreement being identified as Union Pacific Railroad Company's C.D. No. 38606-7; and WHEREAS, the Council of the City of Fort Collins has said proposed agreement be- fore it and has given it careful review and consideration; and WHEREAS, 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 behalf of said City; That the Mayor said City is hereby authorized, empowered and directed to execute said agreement on behalf of said City, and that the City Clerk of said City is hereby auth- orized and directed to attest said agreement and to attach to each duplicate original of said agreement a certified copy of this resolution. Being signed as true and correct. /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 follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Kruchten. Nayes: None. The President declared the motion adopted. The findings and resolution concerning the appeal of Robert T. Smith was present and read at length: FINDING ANDRESOLUTION CONCERNING THE APPEAL OF ROBERT T. SMITH + The appeal of Robert T. Smith from the decision of the Zoning Board of Appeals of the City of Fort Collins upholding the decision of the Building Inspector in denying the building permit applied for by Robert T. Smith by Ben Olds for a restaurant facility to be erected at 1100 South College Avenue, came on for hearing before the City Council of the City of Fort Collins on Thursday, March 3, 1966, pursuant to the request of counsel for the applicant. The applicaht was represented by Alden V. Hill as his counsel, and Mr. Hill and the City Council, having been advised by the City Attorney that the City Council could have a re -hearing of the entire matter after giving notice to all interested persons, and Mr. Hill, having requested that the City Council make its determintation upon the record, and the City Council having heard the argument of Mr. Hill and having takent he matter under advisement for aperiod of one week, and the City Council having considered the argument of Mr. Hill and having reviewed the plans submitted by applicant to the City Building Inspector r �91 and having reviewed the entire file in connection with this matter and being now fully advised, doth find: THAT Ben Olds, on behalf of Dr. Robert T. Smith, heretofore apparently submitted plans for the construction of a certain structure and was advised by the Building Inspector that a building permit could not be issued in accordance with such plans at the proposed location at 1100 South College Avenue, which is the North 150 feet of the West 140 feet of Block 7, Lake Park Addition to the City of Fort Collins, Colorado. The Building Inspector denied such application for the reason that the structure was to be erected in a B-L Limits( Business District according to the Zoning Ordinance adopted by the City Council on October 14, 1965. On December 15, 1965, Mr. Olds appeal ed from the decision of the Building Inspector, requesting an interpretation from the Zoning Board of Appeals of an "indoor restaurant" and to allow for the attached plan to be allowed in a B-L Limited Business District. The Zoning Board of Appeals considered the appeal of Mr. Olds at its regular meeting on January 11, 1966, and again at an adjourned meeting on January 17, 1966, at which latter meeting the Zoning Board of Appeals upheld the decision of the Building Inspec- br in denying the building permit for the reason that the plans and facilities upon which such appeal was based was not an "indoor restaurant." The City Council further finds that it should be noted that the residents of the neighborhood surrounding the location for which the building permit is requested are almost solidly opposed to the grmuting of the building permit for the facility to be erected at the proposed site. Such matter is, however, not determinative of the matter presented to the City Council. The City Council further finds that a period of several years was consumed in the formulation of a comprehensive zoning plan and a new zoning ordinance which would fit the needs of the City of Fort Collins during a period of rapid growth expansion and that many hearings were held both by the Planning and Zoning Board and by the City Council before the Zoning Ordinance was finally adopted on October 14, 1965. The City Council takes judicial notice of the location of the proposed structure and the fact that the property in questionis almost entirely surrounded by a residential area. The City Council further finds that the particular purpose in providing for a Limited Business District was to control the business and tourist uses which might be per- mitted in such District so as largely to protect the neighborhood surrounding a Limited Business District, which generally is residential in character and in many cases such Limited Business District is still largely residential in character. The City Council after examining the plans for the proposed structure and con- sidering the small portion of the area of the lot to be used for such structure and the fact that very limited facilities are to be available for indoor patronage, whereas the remainder of the location is so designed that some forty-two (42) parking spaces will be utilized for the parking of cars, and it being further apparent that the na in purpose for the erection of the proposed structure is to afford a facility to prepare food which will not be con- sumed in the premises but will be consumed in the parking area surrounding the structure, finds and determines that the facility proposed, to be erected is not an "indoor restaurant" permitted in a Limited Business District. The City Council further finds that in providing in its Zoning Ordinance adopted 'October 14, 1965, that only indoor restaurants were permit- ted in a Limited Business District, whereas restaurants of all types might be erected in a General Business District, it did so with the understanding that an "indoor restaurant" wou'. be one in which food would be prepared and consumed within the restaurant facility and wouli not permit the consumption of food on the premises outside of, the restaurant facility. The City Council further finds that the determination of the Building Inspector in construing the Zoning Ordinance and refusing to issue an building permit in accordance with the plans submitted, and the determination of the Zoning Board of Appeals that such denial should be upheld otn the basis that the proposed plans and facilities did not consti- tute an "indoor restauran," were correct and proper. RESOLUTION OF THE COUNCIL OF THE CITY OF FORT COLLINS DENYING THE APPEAL OF ROBERT T. SMITH BY BEN CONTRACTOR WHEREAS, the City Council of the City of Fort Collins has held a hearing on an appeal from the decision of the Zoning Board of Appeals bf the City of Fort Collins, Colorac upholding the decision of the City Building Inspector for the construction of a certain facility at 1100 South College Avenue, Fort Collins, Colorado, being the North 150 feet of the West 140 feet of Block 7, Lake Park Addition to the City of Fort Collins, Colorado, and WHEREAS, the City Council has made its Findings upon the evidence cobtained in the record upon its own knowledge of the premises and the neighborhood, which Findings pre- cede this resolution and by reference are incorporated herein and made a part hereof, and WHEREAS, the City Council has carefully considered the appeal from the decision of the Building Inspector and the provisions of the Zoning Ordinance adopted October 14, 1965, and is now fully advised in the premises. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the appeal of Robert T. Smith by Ben Olds be and it is hereby denied and the determination of the Building Inspector as upheld by the Zoning Board of Appeals is hereby approved. Passed and adopted at a regular meeting of the City Council held. this loth day of March, A. D. 1966. /a/ Harvey G. Johnson Mayor ATTEST: /a/ Miles F. House p MR 592 March- 1.0,_1966_ 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. Alden Hill, .Attorney for Mr. Smith, was present and requested the Council to consider an alternative plan for this building. The City Attorney advised the Council that he had acted upon the appeal of Mr. Robert Smith from the decision of the Zoning Board of Appeals and that the matter was closed as far as this appeal is concerned. Any further be proposal in reference to the proposed restaurant would have to/processed in a legal method. Mr. Alden Hill requested a copy of the findings of the City Council and was furnished same. The request of Dale Evans for a permit for a motion picture operator license, which was tabled to this meeting, was now taken under consideration. The following letter was presented and and read at length: INTERNATIONAL ALLIANCE THEATRICAL STATE EMPLOYEES AND MOVING PICTURE MACHINE OPERATORS March 5, 1966 Mr. Arthur March, City Attorney Poudre Valley Nat'l Bank Bldg. Fort Collins, Colorado Dear Sir: It is our request that the ordinance pertaining to Moving Picture Machine Operators license be retained and updated to keep up with astern safety methods. We request that the age limi still be kept at 21 years of age. We support the Motion Picture Operators Licensing Ordinance for the safety program which it represents. Although somewhat outdated, its concept is sound andis a demonstration of the City of Fort Collins foresight in the safety program for the prevention of accidents to the public. The public accident fecord for fatal accidents in industry is spelling. It is nice to know that the City of Fort Collins has taken and will continue to take progressive steps to help insure public and industrial safety. The age limit in question is of major importance to us. Where public safety is concerned, much care and time is given to the selection of a responsible person to handle our jobs. We find that teenagers are prone to panic in an emergency. Publ is safety in a theatre operation must be handled by a responsible person who can act wisely in an emergency, in the interest of public safety. We have all heard of theatre accidents and fires in other cities of this great country of ours. We here in Fort Collins sometimes have the feeling that "it can't happen here" but it can. We are sure the residents of Fort Collins would like to feel t hat their children are still protected, in the future, as they have been in the past. One of the largest theatres in Fort Collins follow an active safety program through the management and the policy to employ only qualified Motion Picture Projectionists in their booth. This same theatre may be responsible for the safety of over 800 children at one time. For this fact alone, safety measures cannot be ignored by the Motion Picture Oper- ators and the patronizing public. Safety in theatre work is even more important today than in the past. Theatres have grown so much in size and seating capacity with a necessary increase in the size and power co n- sumption of equipment needed. Therefore there is a subsequent need for further and more strict safety measures in the operation of this equipment. Not only should this ordinanc, be retained and updated, ht it should include all Auditoriums in Fort Collins as many motion pictures and productions are shown to the public in these places. Yours truly, /s/ Kathryn R. Elliott Corresponding Secretary The following communication was presented and read at length: Dear Sir: I feel it is my duty to express my opinion on an item of business that was brought before the City Council at last weeks meeting. The ordinance, in my opinion, requiring a motion picture projectionist to be twenty one years old before he can be issued a license should be kept in force. I have been a projectionist for 25 years and I feel it requires a mature person to handle the equipment. True, the film is safety fil* and much safer now, but there are still areas of danger in this work and I do not feel a nineteen year old has had the experience to know what to do in an emergency. The machines of today pull more amps. than forty two years ago. Thus, there is more danger of fire especially if the are is not working properly. The arc is of high intensitive and ouires someones attention at all times or it could damage the equipment or cause a fire. I a fire would break out the projectionist must remain calm and shut off all electrical equipment and help clear the theatre. As a father of two small children I would feel they were safer in a theatre where the mach- ines were operated by a projectionist that was experienced and know what to watch for and w to do. In all the incidents I have mentioned, I feel a mature and experiences man would be prepar- ed to prevent injury to himself, damage to the equipment or injury to the patrons. Let's keep Fort Collins theatres safe by keeping the ordinance that has served so well in the past. /s/ James K. Shuey Councilman Carson stated that as the ordinance is now in effect, Mr. Ellis would not be eligible for a Motion Picture license, inasmuch As he is not 21 years old and has not had the years apprentiship as an operator. He suggested that the City Manager and City Attorney review the present ordinance to determine any changes that might be necessary Councilman Bennett stated that he thought that possibly an 18 year old person who could pass the necessary examination for such a license, might be qualified for an apprentice license and suggested that the City Manager and City Attorney pursue their investigation i with this in mind. Motion was made by Councilman Carson, seconded by Councilman Bennett, that the City Manager and City Attorney review the present ordinance relating to Motion Picture licenses and determine aby. changes that they might suggest and report back to the Council their recommendations, if any. Roll was called resulting as follows: Ayes: Councilman Johnson, Carson, McMillan, Bennett and Kruchten. Nayes: None. The President declared the motion adopted. The application of Morris G. Magie dbe Town Pump, 124 North College, to the State of Colorado, for renewal of 3.2% beer license, was presented. Motion was made by Council- man McMillan, seconded by Councilman Carson, that the Mayor and City Clark be authorized 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 Morris G. Magie dba Town Pump, 124 North College, to the 8ity 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 Mayor presented to Chief Ed Yonkers of the Fire Department awards for himself Personally, and for the Fire Department in their efforts expended on the muscular dystrophy Program. The Fire Department of the City of Fort Collins received an award for third place in the State on fire prevention programs and the Mayor presented to Chief Yonkers an award for this honor. Council that he and Chief Yonkers visited the inspec- The City Manager advised the what would be needed to advance the tion bureau in Denver a week ago to determine Just City of Fort Collins to a class five City to a class four City. He stated that some of the rk by the Fire Department in preventive things necessary would not cost anything except wo Pro rams and make certain improvements in the Fire Department procedures with the advent g If the opening of the new fire station, this station has advanced the City somewhat n Points in relation to the Bureau's clssifications but it will take some little time to ?lace Fort Collins in a class four City' let The following report was presented and read at length: March 10, 1966 March 9, 1966 TO: Tom Coffey, City Manager FROM: Gordon F. Clyde, Chief Building Inspector THRU: E. J. Hilgenberg, Acting Director of Public Works SUBJECT: Request by Humble Oil and Refining Company to erect a service station at West Elizabeth and South Taft Hill Road 1. By letter dated March 2, 1966, the Humble Oil and Refining Company requested the City Council's approval of a plot plan (drawing Number SS586-A, January 13, 1966) for a filling station to be located at the northwest corner of West Elizabeth and Taft Hill Road The drawing is attached as enclosure 1. Chapter 9, Section 9-22, Code of Ordinances of the City of Fort Collins requires special review of specific features of the planned station. The station plan shown on enclosure 1. conforms to all of these requirements. 2. The City Planning and Zoning Board recommends that City Council's approval be conditioned on the Humble Oil Company's agreement to provide and maintain planting areas, enclosed within six inches (6") vertical curbs, at the three locations encircled in green on enclosure 1. The Building Inspector has not, at this writing, been furnished detailed drawings of the installation or building nor has a request for a building permit been re- ceived. It is, therefore, recommended that if Council decides to approve the location, that the Humble Oil Company be advised. At enclosure 2, is a letter which will serve that Purpose when signed and dispatched. Yours very truly, Gordon F. Clyde /s/ Chief Building Inspector concur /s/ Gene Allen Director of Planning After discussion, motion was made by Councilman Bennett,.seconded by Councilman McMillan, that the Council approve the request of Humble Oil and Refining Company in erecti a service station at Elizabeth and South Taft Hill Road with the specific features recomme ed by the Planning and Zoning Board in reference to this planned station in a Planned Busi District. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMilla Bennett and Kruchten. Nayes: None. The President declared the motion adopted. Mr. J. T. Banner was present and discussed informally a summation of bids for outfall lines which were opened March 1, 1966. He stated that the Turnpike Construction Company was the apparent low bidder with a bid of $585,722.74. Inasmuch as the City has a requested/Federal grant for certain portions of the sewage construction project, it will be necessary to receive approval of the United States Government of the bid before final accep- tance. Motion was made by Councilman Carson, seconded by Councilman Bennett, that the Coun- cil determine the apparent low bidder on the outfall lines of the City of Fort Collins to be Turnpike Construction Company of Broomfield, Colorado with a bid of $585,722.74. Roll was &ailed resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Kruchten. Nayes: None. The President declared the motion adopted. The City Manager advised the Council that they had received notificationof the Federal grant of $566,879.00 for the sewage treatment facilities. The following resolution was presented and read at length: RESOLUTION OF THE COUNCIL OF THE CITY OF FORT COLLINS ACCEPTING A FEDERAL GRANT OFFER OF THREE HUNDRED SIXTY-SIX THOUSAND EIGHT HUNDRED SEVENTY-NINfE DOLLARS TO AID IN THE COST OF CONSTRUCTING SEWAGE TREATMENT FACILITIES AT FORT COLLINS WHEREAS, the City of Fort Collins intends to construct certain sewage treatment acilities, and, and WHEREAS, application has been made for a Federal Grant for sewage treatment works, WHEREAS, a Federal Grant offer has been received in the amount of Three Hundred xth-Six Thousand Eight Hundred Seventy -Nine Dollars to aid in the cost of construction ;a �, such sewage treatment facilities, and Continued on Page 1, Book JJ t h ._----- --- - __. March 10, 1966 Whereas, the City Council desires to accept said Grant and has determined that jit is in the best interest of the City of Fort Collins to accept said Grant. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS, that the Federal Grant Offer of Three Hundred Sixty -Six Thousand Eight Hundred Seventy -Nine Dollars in connection with the construction of said sewage treatment facilities be and the same hereby is accepted, and j. BE IT FURTHER RESOLVED, that the Mayor and City Clerk be and they hereby are authorized and directed to execute the acceptance of said offer. Passed and adopted at a regular meeting of the City Council held this loth day of March, A. D. 1966. Is/ Harvey G. Johnson' Mayor ATTEST: /s/ 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 City Manager requested authorization as, Administration, to execute certain other documents to these Federal grant funds that will be required from time to time. Motion was made by Councilman Bennett, seconded by Councilman Carson, that the City Manager be authorized to execute the certification in reference to the construction of the sewage treatment facilities for which a Federal grant is made and such other documents that may IIcome under this authority. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Kruchten. Nayes: None. The president declared the 'motion adopted. 11 The City Attorney advised the Council that it will be necessary to execute an Option for the River -bend Farms for the sewage treatment plant between the 15th and 31st of P r March, 1966, and he requested that he be authorized to execute the option in order that he may examine the abstract and title before the option 'date. The Council asked Mr. Banner regarding the soil tests and Mr. Banner reported that same seemed to be satisfactory and a further report would be made in the near future. Motion was made by Councilman McMillan, seconded by Councilman Carson, that the City Attorney be authorized to execute the option on the Riverbend Farm property for a sewage disposal plant. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Kruchten. Nayes: None. The President declared the motion adopted. The City Attorney also requested that the City Manager check the matter of the C & S Railway Right-of-way and attempt to have same executed before the final option date. The City Attorney advised the Council that Mrs. Thelma Johnson has offered to sell the City one-half share of Pleasant Valley and Lake Canal Company water and had pre- sented an agreement executed by the City in reference to use of said water. The following resolution was presented and read at length: RESOLUTION OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING AN AGREEMENT TO BE ENTERED IN WITH TPELMA JOHNSON. WHEREAS, Thelma Johnson has heretofore offered to sell to the City of Fort Collins 9-half share of the capital stock of the Pleasant Valley and Lake Canal Company, and f the purGhase ce of WHEREAS, said sale is agrreementitocrent dback ithe on owater represented iby said nstock ufor daTwo ndred Dollars and an g riod of ten years and such additional time as the water is not needed by the City of Fort llins, and March 10, 1966 WHEREAS, "the City Council desires to accept said offer, and WHEREAS, an agreement has been prepared setting forth the terms of the said sale which agreement has been approved by the City Attorney. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT COLLINS, that the terms and provisions of said agreement be and they are hereby approved, and BE IT FURTHER RESOLVED, that the Mayor and City Clerk be and they are hereby authorized and directed to execute said agreement for and on behalf of the City of Fort Collins. Passed and adopted at a regular meeting of the City Council held this-10th day of March, A. D. 1966. Is/ Harvey G. Johnson Mayor ATTEST: /s/ Miles F. House City Clerk Mot9on 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 City Attorney presented the following resolution : RESOLUTION ,OF THE COUNCIL OF THE CITY OF FORT COLLINS INITIATING ANNEXATION PROCEEDINGS FOR THE THIR- TEENTH SOUTH SHIELDS STREET ANNEXKTION WHEREAS, heretofore, a written petition together with four prints of an annexati c map was filed with the City Clerk requesting the annexation of certain property more parti- cularily described situate in the County of Larimer, State of Colorado, to -wit: A tract of land situate in the NE4 of Section 15, Township 7 North, Range 69 West of the 6th P.M., County of Larimer, State of Colorado, which considering the East line of said NE4 as bearing due North and with all bearings contained herein relative thereto is contained within the boundary lines which begin at the Southwest corner of the SE4 of said NE4, which point is the Northwest corner of the Tenth South Shields Street Annexation to the City of Fort Collins, Colorado, and run thence Easterly along the North line of the Tenth South Shields Street Annexation 312.53 feet to the Southwest corner of the Sixth South Shields Street Annexation; thence North 349.7 feet along the West line of said Sixth South Shields Street Annexation; thence Egst 290.63 feet along the North line of said Sixth South Shields Street Annexation; thence North 369.7 feet along the Westerly line of the Second South Shields Street Annexation; thence West 294.63 feet along the South line of the Second South Shields Street Annexation to the Northeast corner of the Third South Shields Street Annexation; thence South 126.0 feet along the East line of the Third South Shields Street Annexation; thence West 283.0 feet along the South line of the Third South Shields 'Street Annexation; thence North 126.0 feet along the West line of the Third South Shields Street Annexation thence West 25.53 feet; thence South 719.4 feet to the point of beginning, containing 6.513 acres more or less; to the City of Fort Collins, Colorado, and WHEREAS, the City Council desires to initiate annexation roceedings in accordance with law. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. That the City Council hereby finds and determines that the annexation petition and accompanying map are in substantial compliance with Section 139-21-6, Colorado Revised Statutes, 1963, as amended. Section 2. That April 21, 1966, at the hour of 1:30 P.M. or as soon thereafer as the matter may come on for hearing in the Council Chambers of the City of Fort Collins is hereby set as 0e date, time and place where t he City Council will hold a hearing to determine if the proposed annexation complies with the provisions of Sections 139-21-3 and 4, Colorado Revised Statutes, 1963, as amended, or such parts thereof as may be required. Passed and adopted at a regular meeting of the City Council held this loth day of March, A. D. 1966. /s/ Harvey G. Johnson Mayor ATTEST: /s/ Miles F. House City Clerk =dateshould be 6 weeks from date of resolution unless it follows on the 5th Thursday of the month in which case it should be 7 weeks. NOTE: Publish once a week for 4 weeks -- 1st publication at least 30 days before date set. Proof of publication to be filed with City Clerk. March 10, 1966 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 following ordinance was presented on first reading, ORDINANCE NO. 28, 1966 BEING AN ORDINANCE 'ANNEXING CERTAIN TERRITORY TO THE CITY OF FORT COLLINS, COLORADO Motion was made by Councilman Bennett, seconded by Councilman Kruchten, that ordinance No. 28, 1966, be considered favorably on first reading, and ordered published s 10th day of March, A. D. 1966, and to be presented for final passage on the 7th day of il, A. D. 1966. Roll was called resulting as follows: Ayes: Councilmen Johnson, son, McMillan, Bennett and Kruchten. Nayes: None. The President declared the motion pted. The following resolution was presented and read at length: RESOLUTION THE COUNCIL OF THE CITY OF FORT COLLINSGIVING NOTICE CONCERNING A PROPOSED ORDINANCE INDING CHAPTER 19 OF THECODE OF ORDINANCES OF THE CITY OF FORT COLLINS, COLORADO, 1958 AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE, IN ORDER TO CLASSIFY FOR ZONING PURP TAIN PROPERTY BEING ANNEXED TO THE CITY OF FORT COLLINS. WHEREAS, heretofore the City Council of the City of Fort Collins initiated annex - ion procedures for certain property known as the Second West Elizabeth Annexation to the ty of Fort Collins more particularly described in the "Notice of Public Hearing" attached reto, and WHEREAS, the owners of said property have petitioned that said property be zoned partly in the R-L Low Density Residential District and partly in the R-M Medium Residential District, and WHEREAS, the Planning and Zoning Board has made a study of said zoning request nd has held a hearing and has made a report and recommendation thereon, all in accordanRe ith Section 19-46 of the Code of Ordinances of the City. of Fort Collins, Colorado, 1958, ndamended, and WHEREAS, the City Council desires to hold a hearing on said zoning request as d by said Section 19-46. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that April 7, 1966, at 1:30 P.M., or as soon thereafter as the matter may come on for hearing, it ahe Council Chambers in the City Hall of the City of Fort Collins, Colorado, 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 retular meetingof the City Council held this lOth day of March, A. D. 1966. /s/ Harvey G. Johnson Mayor NOTICE OF PUBLIC HEARING D WHOM IT MAY CONCERN: Notice is hereby given that on April 7, 1966, at 1:30 P.M., or as soon thereafter s the matter may come on for hearing, in the ubliclChambes hearingronin the CitHall of a petition heretofore filed City pfiled f Fort Collins, the City Council will hold e equesting that the property comprisinSecond West Elizabeth Annexation be zoned under g the Colorado, as follows: he Zoning Ordinance of the City of Fort Collins, The North 440.00 feet of said Annexation; n the R-L Low Density Residential District; and The South 220.00 feet of said Annexation; n the R-M Medium Density Residential District. 596 The property comprising said annexation is more particularly described as 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 NEI as bearing S. 00032' E. and with all bearings contained herein relative thereto is contained within the boundary lines which begin at a point which bears S. 00°32 'E.•1320.00 feet and again N. 89°43'3O" W. 660.00 feet from the Northeast corner of said Section 1.6, said point of beginning being the Northwest corner of the West Eliz- abeth Foothills Annexation, run thence S. 00°39' E. 660.00 feet to the Northeast corner of the West Elizabeth Srreet Annexation; thence running along the North line of the West Elizabeth Street Annexation, a distance of 90.35 feet; thence N. 00°32' W. 660.00 feet, more or less; thence S. 89°43'3O" E. 89.00 feet to the poii of beginning; Dated at Fort Collins, Colorado, this loth day of March, A. D. 1966. /s/ Miles F. House City Clerk Motion was made by Councilman McMillan, 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. The following resolution was presented and read at length: RESOLUTION OF THE COUNCIL OF THE CITY OF FORT COLLINS GIVING PUBLIC NOTICE CONCERNING A PROPOSED ORDI- NANCE CHANGING THE ZONING MAP OF THE CITY OF FORT COLLINS AND AMENDING CHAPTER 19, OF THE CODE OF ORDINANCES OF THE CITY OF FORT COLLINS, CO.LORADO, 1958, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE WHEREAS, a written petition has been presented to the City Council requesting that the zoning classification for the property more particularly described in the "Notice of Public Hearing" attached hereto be changed as indicated in said "Notice", and WHEREAS, the Planning and Zoning Board has made a study of said rezoning request and has held a hearing and made a report and recommendation thereon, all in accordance with the provisions of Section 19-21 of the Code of Ordinances of the City of Fort Collins, Colorado, 1958, as..amended, and WHEREAS, the City Council desires to hold a public hearing on said rezoning re- quest as required by Section 19-21.1 (2) of the Code of Ordinances of is City of Fort Collins, Colorado, 1958, as amended. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that on jApril 71 1966, at 1:30 P.M., or as soon thereafter as the matter may come on for hearing iin 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 rezoning request; and BE IT FURTHER RESOLVED that the City Clerk is hereby instructed to publish a notic of said hearing 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 March, 1966. Is/ 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 April 7, 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 zoning classification be changed from R-L Low Density Residential Dis- trict to R-M Medium Density Residential District for the following described property, to - wit: A portion of the West Elizabeth Street Annexation to the City of Fort Collins, Colorado, contained within the boundary lines which considering the East line of the Northeast 4 of Section 16, Township 7 North, Range 69 West of the Sixth P.M. as bearing S. 00°32' E. and with all bearings contained herein relative thereto begin at a point which bears N. 89°43130" W. 660.00 feet and again N. 00°25' W. 390.00 feet from the E4 corner of said Section 16 and run thence N. 00°25' W. 270.00 feet; thence N. 89°43'30" W. 90.35 feet; thence S. 00032' E.270.00 feet; thence S. 89*43130" E. 89.80 feet to the point of beginning, containing 0.5583 acres more or less. and be changed from R-L Low Density Residential District to B-P Planned Business District for the foil owing described property, to -wit: A portion of the West Elizabeth Street Annexation to the City of Fort Collins, Colorado, contained within the boundary lines which considering the East line of the NE4 of Section 16, Township North ,Range 69 West of the Sixth P.M. as bearing S. 00032T E. and with all bearings contained herein relative thereto be- gin at a point which bears N. 89043t30" W. 660.00 feet from the E4 corner of said Section 16 and run thence N. 00025' W. 390.00 feet; thence N. 89043'30" W. 89.80 feet; thence S. 00032' E. 390.00 feet; thence S. 89°43t30" E. 89.00 feet to the point of beginning, containing 0.8004 acres, more or less. Dated at Fort Collins, Colorado, this loth day of March, 1966. ls/ Milew F. House City Clerk (Note: This notice must be published once at least fifteen (15) days before the date set for hearing.) 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. at The City Manager reported that/the airport committee meeting, that it was decided that the amount of approximately $21,000.00, which -has been expended on the airport con- struction, would be liquidated by the payment of $7,000.00 by the City of Loveland and $14,000.00 by the City of Fort Collins. It was noted that the FAA still had approximately $40,000.00 on the grant and that the unpaid contract of the Fort Collins Light and Power Department and some other indebtedness would be liquidated at the time of receiving this s made by Councilman Carson, seconded by Councilman Bennet final payment from FAA. Motion wa that the City o£ Fort Collins transfer $1l4.000.00 to the airport construction fund as their ed towards the outstanding indebtedness of this construe - portion of the $21,000.00 authoriz tion fund. 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: 11 Hill and Coyte ty of Fort Collins rt Collins, Colorado nt leme n: March 2, 1966 Re: Consolidated Storm Sewer Improvement District No. 1LL my wife and I own property in the Storm Sewer District. We also own property used as a horse pasture amounting to about 4acres at t he ear of our home. T his property is outside the City of Fort Collins and therefore cannot -e incorporated into a storm sewer improvement district. published in the paper for this District includes this land which The description s not in the ed the computation of assessments on the square foot basis City, and I advis pu ncludes this excepted land. Fort I am advised by the City Engineer's or the tileportioneoffproperty lincluded lins tinhthis tDistrict ention s c have the City pay the assessment for hick is outside the City of Fort Collins. This of course is also invalid, also illegal. I also advised by the City Engineer'stofficegallye that Included bis heiintentionofcthetoCity after it has paid for the assessment on prop at a later date whenever such property might be brought into the City recapture this amount his method too I believe to be illegal. of If the property of Alden T. Hill anSewerddistrict,s Hill and nditheucomputationtside the iof assess - ins Collins is not excluded from your atorm in the District, I will bring an action ants made correctly on the basis of land actually o void the entire project as soon as the assessment is made. On the other hand, I have no objection to paying an assessment on my property hich is in the City, based on the area actually in the District. Very truly yours, u Isl Alden T. Hill Mf March 10, 1966 The City Manager and City Attorney are studying the details of Mr. Hill's letter in order to determine if there is any illegal procedure in the creation of this storm sewer district. The following communication was presented and read at length: POUDRE SCHOOL DISTRICT R1 March 9, 1966 City Council City of Fort Collins Fort Collins, Colorado Attention: Mr. Miles House Dear Sirs: At the regular board meeting on March 7, 1966, the Board of Education of Poudre School District R1 discussed the plans for formation of Consolidated Storm Sewer Improve- ment District No. 14 in the City of Fort Collins. It was noted that the Bennett Elementar; School, with an area of approximately 252.000 sq. ft., is included in this new storm sewer district. After discussion of the total area included in the new district, the Board of Education respectfully requests the City of Fort Collins to review the boundaries for the proposed district to determine if all area drained by the new storm sewer line is included in the district. Sincerely yours, /sIJ. Ray French Assistant Superintendent Motion was made by Counilman Carson, seconded by Councilman Bennett, that the Council adjourn. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carsoi McMillan, Bennett and Kruchten. Nayes: None and the Council adjourned. ATTEST The President declared the motion adopted,