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HomeMy WebLinkAboutMINUTES-04/08/1965-Regular198 April 8, 1965 uoo MTNTITES OF A REGULAR MEETING OF THE COUNCIL OF THE CITY OF FORT COLLINS, Held llThursday, April 8, 1965, at 1:30 orclock P.M. Present: Councilmen Johnson, Colwell, McMillan, Guyer and Councilwoman Quinn. City Manager Boos, _City Attorney March and City Engineer Fischer. Motion was madeby Councilwoman Quinn, seconded by Councilman Guyer, that the re ling of the minutes of the last regular meeting held April 1, 1965, be dispensed with. Roll 11was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan„ Guyer and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The following ordinance, was presented on second reading: ORDINANCE NO. 17, 1965 BEING AN ORDINANCE RELATING TO SEWER UTILITY OF THE CITY; REPEALING SECTIONS 21-44 THROUGH 21-49, INCLUSIVE OF THE CODE OF ORDINANCES OF THE CITY OF FORT COLLINS, COLORADO, 1958, AS AMENDED; PROVIDING FOR THE OPERATION, MAINTENANCE, AND EXTENSION OF THE SEWER UTILITY, THE REGTTLATIONS CONTROLLING CONNECTIONS TO SAID UTILITY AND THE USE OF SAID UTILITY., THE RATES AND CHARGES TO BE PAID FOR SEWER SERVICE, AND OTHER DETAILS RELATING THERETO Motion was made by Councilman Johnson, seconded by Councilwoman Quinn, that Ordi- nance No. 17, 1965, be adopted. The Mayor asked if there was any discussion from the floor on the Ordinance No. 17 Mr. William D. Bartran, President of Associated Building Contractors of Fort Collins, approadned the Council and stated that the Associated Contractors had studied the Water and Sewer Ordinance and had arrived at certain recommendations to amend the ordinance as pre- sented. Mr. Howard Jones, partner of the Steele Lumber Company presented the analysis and requests of the Building Contracters for amendments in the rates and fees to be charged. After discussion by the Council, Mr. J. T. Banner, consulting engineer for the City on rate ordinances, made a "few remarks as to the application to t he rates as established in both Water and Sewer Ordinances. After further discussion, the motion was made by Councilman Guyer, seconded by Councilwoman Quinn, that Ordinance No. 17 1965, be tabled for _further study to April 15, 1965. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Guyer and Councilwoman Quinn. Nayes: None. The President declared the ipn adopted. The following ordinance was presented on second reading: ORDINANCE NO. 18, 1965 ING AN ORDINANCE RELTAING TO WATER UTILITY OF THE CITY; REPEALING SECTIONS 21-1 THROUGH -L3, INCLUSIVE OF THE CODE OF ORDINANCES OF THE CITY OF FORT COLLINS, COLORADO, 19580 AS ; PROVIDING FOR THE OPERATION, MAINTENANCE, AND EXTENSION OF THE WATER UTILITY, THE REGU" TIONS CONTROLLING CONNECTION TO SAID UTILITY AND THE USE OF SAID UTILITY, THE RATES AND ARGES TO BE PAID FOR WATER SERVICE, AND OTHER DETAILS RELATING THERETO Motion was made by Councilman Johnson, seconded by Councilwoman Quinn, that Ordi- ance No. 18, 1965, be tabled for study to April 15, 1965. Roll was called resulting as ollows: Ayes: Councilmen Johnson, Colwell, McMillan, Guyer and Councilwoman Quinn. Neyes'i ne. The President declared the motion adopted. Mr. Owen Moore of Boettcher & Company was present and spoke about the trip with Mr 4anner, Mr. Boos and Mr. March to New York for the purpose of obtaining ratings on the Water i nd Sewer bonds to be issued. He stated that the trip was very satisfactory, that Moody I, nvestment Service and Standard & Poor, as well as Dunn & Bradstreet, were most pleased with he data presented to them for bond rating. Moody and Standare & Poor both returned the Wat4l ;onds as AA and the Sewer Revenue as A. The Council thanked Mr. Moore for accompanying the ity employees to New York for the purpose of obtaining these ratings. Plans and specifications on the water distribution system were presented for 9PPro' al. Motion was made by Councilman McMillan, seconded by Councilwoman Quinn, that the plans;' nd specifications be approved, that the notice to biddEm be published on April 131 1965, 199 land that said bids would be opened on Thursday, May 13, 1965, at 1:30 P.M. Roll was called (resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Guyer and Councilwoman (Quinn. Nayes: None. The President declared the motion adopted. Plans and specifications for the proposed sewer were presented for approval. Motion was made by Councilman McMillan, seconded by Councilwoman Quinn, that the plans and specifications as presented, be approved and that the noticeto bidders be published on April 13, 1965 and that said bids be opened Thursday, May 13, 1965. Roll was called re- sulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Guyer and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The following reports were presented and read at length: April 8, 1965 To: The Fort Collins City Council From: The Planning and Zoning Board Subject: #28-65 Lespag Alley vacating request - East of Endicott, between Riverside and Myrtle Streets The petitioners presented this request on April 6, and a favorable recommendation is made t( vacate the alley, subject to a suitable easement agreement being made with the Mountain States Telephone and Telegraph Company. An existing buried telephone cable is in the north part of the alley. Before final action is taken to vacate and transfer the alley to adjacent owners, the City should have written assurance £romthe Telephone Company that satisfactory arrangements have been made with them. Respectfully submitted, Fort Collins Planning and Zoning Board By Gene Allen Secretary Robert F. Boos City Manager April 5, 1965 Re: Request of tutting property owners to vacate 16 foot alley in Sitzman's Addition. All abutting property owners have signed a formal petition requesting the vacation referred to above. The alley in question has never been opened to public traffic and exists only as a secondary access to the abutting properties. It would seem very unlikely that the alley would ever be important to the City from the standpoint of traffic circulation. There are no City utilities presently existing in the alley and none are contempla - ed. An em ement should be given the Mountain States Telephone Co, for an existing buried cahle. With all abutting property being in agreement the department can see no objection to granting the rO)quest. A sketch showimg the alleys location was shown with this letter. Isl C. Adam Fischer Public Works Director Motion was made by Councilman Guyer, seconded by Councilwoman Quinn, that the gti on for vacation be approved subject to the recommendation of the Director of Public Works and the Planning and Zoning Board in relation to the easement agreement to be made with the Mountain States Telephone and Telegraph Company and same be referred to the City Attorney to prepare the necessary ordinance. Roll was called resulting as follows: Ayes: Council- men Johnson, Colwell, McMillan, Uuyer and Councilwoman Quinn. Nayes: None. The President clared the motion adopted. The following report was presented and read at length: ^il 8, 1965 The Fort Collins City Council )M: The Planning and Zoning Board 3JECT: #64-65 The Anderson Rezoning request t a regular meeting held April 6, the Board heard the third petition to rezone this proper similar request for "B" had been recommended against on December 1, 1964. On November 3, 964, a petition for C zoning was heard and received an unfavorable recommendation. 200 April 8, 1965 _ The Board now submits a recommendation not to grant the request for "B" Residential zoning.) In event medium density or high density residential zoning is continued on the West side of Bryan, across the street from this tract, a re-evaluation of zoning should also apply to the Anderson land. Petitions signed by 91 residents from the general vicinity were presented and considered in opposition to this petition. Respectfully submitted, Fort Collins Planning and Zoning Board /s/ Gene Allen Secretary Motion was made by Councilwoman Quinn, seconded by Councilman Guyer, that the re- commendation of the Planning and Zoning Board be accepted and the petition be denied. Roll s called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Guyer and ouncilwoman Quinn. Nayes: None. The President declared the motion adopted. The following report was presented and read at length: 1 8, 1965 The Fort Collins City Council The Planning and Zoning Board ,,CT: #22-65 The Biehle-Vehr-Carrick, at all Rezoning A & C Residential to D Commerc his petition was considered by the Board on April 6, and comments by interested parties eard. After discussingthe aspects of strip commercial zoning and affects of business uses n nearby residential properties, action was taken to recommend the D Commercial zoning not e granted. pposition was expressed by several residents living in andnear the area in question. espectfully submitted, ort Collins Planning and Zoning Board sl Gene Allen Secretary Motion was made by Councilwoman Quinn, seconded by Councffllman Guyer, that the re- ndation of the Planning and Zoning Board be accepted and the petition be denied. Roll as called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Guyer and uncilwoman Quinn. Nayes: None. The President declared the motion adopted. The following report was presented and read at length: it 8, 1965. The Fort Collins City Council The Planning and Zoning Board T: #23-65 The Carrick-Biehle Rezoning request C Residential to D Commercial This petition involves approximately the North one-third of the lands referred to in another petition, #22-65. fter considering this request on April`.6, the Board voted to also recommend against this ezoping, even though a smaller area of land is involved. idents of the vicinity again spoke in opposition to rezoning. espectfully submitted, ort Collins Planning and Zoning Board s/ Gene Allen Secretary Motion was made by Councilwoman Quinn, seconded by Councilman Guyer, that the re- ommendation of the Planning and Zoning Board be accepted and the petition be denied. Roll as called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Guyer and ouncilwoman Quinn. Nayes: None. The President declared the motion adopted. The following report was presented and read at length: pril 8, 1965 0: The Fort Collins City Council ROM: The Planning and Zoning Board UBJECT: J#24-65 The Phipps Rezoning request B Residential to D Commercial ommnndedothearequestdnotdbengrantedApril 6' with interested citizens heard by t he Board. It is as letters in opposition to this rezoning were presented. One of these letters stated the 20.1 April 8. 1965 views of 80 families with children attending Harris Elementary school. Respectfully submitted, Fort Collins Planning and Zoning Board /a/ Gene Allen Secretary Motion was made by Councilman Guyer, seconded by Councilwoman Quinn, that the recommendation of the Planning and Zoning Board be accepted and the petition be denied. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Guyer and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The following report was presented and read at length: April 8, 1965 TO: The Fort Collins City Council FROM: The Planning and Zoning Board SUBJECT: #25-65 The Treadwel Rezoning - C Residential to D Commercial This request was presented to t he Board on April 6,. The proponents were heard, but the matter then was tabled at the request of nearby owners, who wanted more time to study the application and its possible influence on their property. Respectfully submitted, Fort Collins Planning and Zoning Board /s/ Gene Allen Secretary Motion was made by Councilman McMillan, seconded by Councilwoman Quinn, that the recommendation of the Planning and Zoning Board be accepted and the matter tabled for fur= thur study. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Guyer and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The following report was presented and read at length: April 8, 1965 TO: The Fort Collins City Council FROM: The Planning and Zoning Board SUBJECT: #26-65 The Pierce Annexation petition and request for D Commercial zoning. This petition was considered by the Board on April 6 and annexation is recommmended, but with A Residential zoning rather than D Commercial zoning. Dedicntion of 30 feet for the north one-half of Cherry Street is also recommended as a condi tion of annexation and if any water rights exist w1ch could be used by the City, Should be acquired before final action by Council. Respectfully submitted, Fort Collins Planning and Zoning Board /s/ Gene Allen Secretary Motion was made by Councilwoman Quinn, seconded by Councilman Guyer, that the ndation of the Planing and Zoning Board be accepted and the matter be tabled until a petition, as to zone requirements and the dedication of a portion for street purposes, be Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, and Coa-ndlwoman Quinn. Nayes: None. The President declared the motion adopted. The following report was presented and read at length: pril 8, 1965 The Fort Collins City Council The Planning and Zoning Board 3CT: #29-65 The West Prospect First Annexation - 11.80 acres, with A and B Residential Zoning ollowing discussion with the petitioners at the regular meeting April 6, the Board-vo'.,ed o recommend annexation of the area with zoning to be entirely A Residential. Because one of the petitioners has not agreed to have A Residential zoning; it is suggested this item be tabled one week, allo*ing time to discuss the situation in more detail with him f the annexation passes, agreements on sale of water rights should be completed before final eading of the ordinance. spectfully submitted, rt Collins Planning and Zoning Board / Gene Allen, Secretary .202 Motion was made by Councilman Guyer, seconded by Councilman McMillan, that the recommendation of the Planning and Zoning Board be accepted and the matter be tabled for one week in order for the petitioners to amend the zoning requirements in said annexation. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Guyer and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The following report was presented and read at length: April 8, 1965 TO, The Fort Collins City Council FROM: The Planning and Zoning Board SUBJECT: #33-65 West Elizabeth Foothills Annexation of 7.98 acres with A Residential, B Residential and D Commercial zoning Following presentation and discussion on April 6, the Board tabled this request. It will be reconsidered at another meeting in the near future, after study of alternatives to the zoning requested. Respectfully submitted, Fort Collins Planning and Zoning Board Isl Gene Allen Secretary Motion was made by Councilwoman Quinn, seconded by Councilman Guyer, that the peti tion be tabled to allow the Planning and Zoning Board and the developers to reconsider alternatives to the Zoning requirement. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Guyer and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The following report was presented and read at length: April 8, 1965 TO: The Fort Collins City Council FROM: The Planning and Zoning Board SUBJECT: Development Plans for 22 acres of land owned by John Strachan and Jack Fahrenbruch A preliminary plan was presented and discussion took place on it, as well as procedures and policies necessary to properly evaluate the proposal to build, annex and obtain City utilities. The owners were advised they could proceed with more detailed studies, to be processed in cooperation with the Planting Director, and that an annexation petition should be filed at an early date. This proposal is to be done in a manner corresponding to the "Unit Development" concept of the proposed Zoning Ordinance and must be closely coordinanted with the City Council, Planning Board and Staff in order to be acceptable. Respectfully submitted, Fort Collins Planning and Zoning Board Is/ Gene Allen, Secretary Motion was made by Councilman Guyer, seconded by Colwell, that the matter be tab- led until the annexation petition is filed in order that t he Planning and Zoning Board would have more detailed information as to their plans for development. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Guyer and Council- woman Quinn. Nayes: None. The President declared the motion adopted. The following report was presented and read at length: April 8, 1965 TO: The Fort Collins City Council FROM: The Planning and Zoning Board SUBJECT: Gasoline Service Station on the Northeast corner of Olive and Mason Streets After extensive discussion at the -April 6 meeting, the Board determined that existing ordi- nanced were being complied with and the matter was subsequently referred back to City Council. The proponents and opponents were heard and proposed uses on the corner were outlined by the new leassees. Respectfully submitted, Fort Collins Planning and Zoning Board Is/ Gene Allen, Secretary 203 After discussion between Mr. William Keck, Manager of the Penney Store, as to the availability of parking spaces on the property in conjunction with the department stare, being operated on South College Avenue, motion was made by Councilwoman Quinn, seconded by Councilman Guyer, that the request for the gasoline service station at the northeast corner of 011ve and Mason Streets be approved, subject to compliance with the Building Ordinance-. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Guyer and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The following bids were presented on the fire truck: BODY Pumper AMOUNT DELIVERY MAKE OF BRAKEH.P. WATER BID DATE CHASIS CUBIC INCH PUMP TANK Ameri American 6 19,97 .00 1 0-1 0 days International 2 h.p.@ 2stage 300 gal LaFra LaFrance 8 cy. Engine Amerian 540ORP8-70 ouMc rance Howe Northern Colorado Equip. 25,824- 00 205 days International 5 8.70 cu.in. 2stage 300 gal. Howe 8 cy. Engine 2t5 H.P. @ Watrous 31}00 RPM Pierce McDonald Equip. 25,934.00 220 days Pierce 285 H.P. @ 2 stage 300gal. Piero International 3400 RPM Watrous 8 cy. Engine 548.7cu.in. Darley W.S. Darley & Company 26,754.00 200 days International 548.700u.in. 2 stage 300gal. Darl, 8 cy. Engine 285 H.P.@ Darley 3400RPM Pierce McDonald Equip. 26,984.25 220 days F. W..D. 285 H.P. @ 2 stage 300gal. Pier International 3400 RPM Watrous Mack 8 cy. Engine Mack Trucks 27,633.65 150 days Mack 268 H.P. @- 2.stage 300gal. Mack 6 cy. Engine 2400 RPM Mack 707 cu.in. Ward LaFrance 27,947.00 160 days Ward LeFrance 300 H.P. @ 2 stage 350 gal. War Waukesha Eng. 3000 RPM Hale 817 coin. American 28,680.00 150 days American 318 H.P. @ 2 stage 300 gal. Ame LeFrance LaFrance 3200 RPM American LaFr; Continental 820 cu.in. 6 cy. Eng. All Bids Include Enclosed Cab and All Equipment The following communication was presented and read at length: April 6, 1965 TO: Robert F. Boos, City Manager FROM: R. S. Baker, Purchasing Agent SUBJECT: Fire Truck Bid Opening I would like to state that American LaFrance made a bid of $19,975.00 for the 1000 G.P.M. Pumper. However it is my understanding that the equipment portion of the bid through error in figur was not added to the bid. I further understand that the American LaFrance Representative, Mr. Al Barditzky, wishes to appear at the Thursday, April 8, 1965, Council Meeting to explain the situation with a pos- sibility of asking permission to withdraw his bid. /a/ R. S. Baker Purchasing Agent Mr. Barditzki, representative of American LaFrance Company was present and re- quested and requested the Council in person to be allowed to withdraw the Companyls bid of 019,975.00, inasmuch as an hongst error had been made in which the equipment portion of the bid was not added to the bid on the truck. After considerable discussion and with the appro val of the City Attorney as to the regularity of withdrawal of the bid, motion was made by Councilman Colwell, seconded by Councilwoman Quing, that the bid of the American LaFrance Company be withdrawn without prejudice upon approval of the City Attorney. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Guyer and Councilwoman Quinn. Mayes: None. The President declared the motion adopted. al 204 Motion was made by Councilwoman Quinn, seconded by Councilman Guyer, that the bid on the Howe Company and Northern Colorado Equipment Company for a fire truck be accept in the amount of $25,824.00, fully equipped. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Guyer and Coyncilwoman Quinn. Nayes: gone. The President declared the motion adopted. The City Attorney presented an agreement for right-of-way for a 12 inch cast iron water pipe along the right-of-way of the Union Pacific, Railroad Company, Fort Collins brand The following resolution was presented and read at length: RESOLUTION WHEREAS, UNION PACIFIC RAILROAD COMPANY has tendered to CITY OF FORT COLLINS, Sta of Colorado, an agreement covering the construction, maintenance and operation of a 12-inch cast iron water pipe line on and along the right of way of the Railroad Company's Fort Collins Branch at Fort Collins, Colorado; said agreement being identified as Railroad Com- pany's CD. No. 38606-5; and WHEREAS, the Council, of the City of Fort Collins has said proposed agreement bef 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 subeerved by the acceptance of said agreement; THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS, STATE OF IOLORADO: 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 of said City is hereby authorized, empowered and directed to execut said agreement on behalf of said City, and that he City Clerk of said City is hereby auth- orited and di-rected to attest said agreement and to attach to each duplicate original of sai agreement a certified copy of this resolution. , TE OF COLORADO) ) as NTY OF LARIMER) I, Miles F. House, City Clerk of the City of Fort Collins, State of Colorado, here by certify that the above and foregoing is a true, full and correct copy of a resolution adopted by the Council of the City of Fort Collins, State of Colorado, at a meeting held according to law at Fort Collins, Colorado, on the 8t1n. day of April, A. D. 1965, as the same appears on file andcf record in this office. IN TESTIMONY WHEREOF., I have hereunto set my hand and affixed the corporate seal Of said City this 8t1b. day of April, A. D. 1965. /s/ Miles F. House (Seal) ity Ulerk of the City of Fort Collins, State of Colorado Motion was made by Councilman Guyer, seconded by Councilman Colwell, that this resolution be adopted. Roll was called resulting as follows: Ayes: Councilmen Johnson, lwell, McMillan, Guyer and Councilwoman Quinn. Nayes: None. The President declared the tion adopted. The City Attorney presented a lease agreement for the greenhouse at the Grandview tery. The fo-lowing resolution was presented and read at length: RESOLUTION THE COUNCTL OF THE CITY OF FORT COLLINS APPROVING THE TERMS OF THE LEASE TO BE ENTERED 0 WITH LOUIS BEVIER SPINNEY, III, AND DIANA DEE SPINNEY WHEREAS, the City of Fort Collins heretofore entered into a lease with Ralph C. eterson and Carol V. Peterson covering certain property belonging to the City of Fort ollins, which lease has been canceled, and WHEREAS, a new lease for said premises has been requested by Louis Bevier Spinney, II, and Diana Dee Spinney, the present owners of the greenhouse business located on the roperty covered by said lease, and WHEREAS, the City Attorney has prepared a lease whiLch has been approved by the ity Manager in accordance with the terms heretofore negotiated. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the erms are hereby approved; and BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby authorized and irected to execute said lease for and on behalf of the City of Fort Collins. Passed and adopted at a regular meeting of the City Council held this 8th day of 205 April, A. D. 1965. Isl Harvey G. Johnson Mayor ATTEST: /s/ Miles F. House City Clerk Motion was made by Councilman Johnson, seconded by Councilwoman Quinn, that this resolution be adopted. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Guyer and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. Gene Allen, Planning Director, presented a plat of plans for the improvement of Spring Creek Park and the recommendation for firehouse No. 3 within said park. There was considerable discussion as to the available utilities for this fire house location for the equipment to serve the SE portion of Fort Collins as discussed. Motion was made by Council man McMillan, seconded by Councilman Colwell, that the report of the Planning Director be accepted. Roll was called resulting as follows: Ayes: Councilmen Colwell, McMillan and Guyer, Nayes: Councilman Johnson and Councilwoman Quinn. The President declared the moti adopted. The City Clerk presented the certification -of the result's of the General City Election held April 6, 1965. Thomas G. Bennett and 'Karl Carson as being elected City Councilmen to serve for a period of four years from April 13, 1965, and also that the pro- posed Ordinance No. 1, 1965, known as the liquor ordinance was defeated. Motion was made by Councilman Johnson, seconded by Councilwoman Quinn, that the Council adjourn. Roll was called resulting; as follows: Ayes: Councilmen Johnson, Colwell McMillan, Guyer and Councilwoman Quinn adopted and the Council adjourned. ATTEST: Nayes: None. The President declared the motion