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HomeMy WebLinkAboutMINUTES-09/17/1964-Regular538 MINUTES OF A REGULAR MEETING OF THE COUNCIL OF THE CITY OF FORT COLLINS, Held ursday, September 17, 196L�, at 1:30 o'clock P.N. Present: Councilmen Johnson, Colwell, McMillan, Guyer and Councilwoman Quinn. ity Manager Boos, Citzr Attorney March and City Engineer Weiss. Motion was made by Councilwoman Quinn, seconded by Councilman Guyer, that the ading of.the minutes of the last regular meeting held September 10, 1964, be dispensed ith. Roll was called resulting as�follows,: Ayes: Councilmen Johnson, Colwell, McMillan, Guyer and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The application of Everett'E'.'Trbes6el2',.dba Kayots Community Market, 400 North College, to the State of Colorado, for renewal of 3.2% beer license, was presented. Motion was made by Councilwoman Quinn, seconded by Councilman McMillan, that the Mayor and City Clerk be authorized to execute the approval of the licensing authority. 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 application of Everett E. Truesdell, dba Kayols Community Market, 400 North College, to the City for a renewal of a non -intoxicating malt liquor license, accompanied by the required license fee, was presented. Motion was made by Councilwoman Quinn, seconded by Councilman Guyer, that the license be granted subject to the issuance of the State license. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Guyer land Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The following ordinance was presented on second reading: ORDINANCE NO. 32, 1964 ACCEPTING AND APPROVING THE PLAT OF WHAT IS KNOWN AS THE THUNDERBIRD ESTATES EIGHTH ANNEXA- TION TO THE CITY OF FORT COLLINS AND TO BE INCLUDED WITHIN THE LIMITS AND JURISDICTION THERE OF PURSUANT TO THE AUTHORITY CONTAINED IN ARTICLE 11, CHAPTER 139, COLORADO REVISED STAT- UTES, 1953 Motion was made by Councilwoman Quinn, seconded by Councilman Guyer, that Ordi- nance No. 32, 1964, be adopted and become a law upon passage. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Guyer and Councilwoman Quinn. Nayes None. The President declared the motion adopted. This being the date to which the application of Herbcar, Inc., to the State of Colorado, for a 3.2% beer license was tabled, the City Clerk brought the matter before the ity Council for further action. The following findings and resolution were presented and ad at length: FINDINGS AND RESOL11TION CONCERNING APPLI.CATION FOR CLASS A AND B LICENSE TO SELL NON -INTOXICATING MALT LIQUOR The application of Herbcar, Inc., for a license for the sale of non -intoxicating malt liquor in accordance with Chapter 2 of the Code of Ordinances of the City of Fort Collit Colorado, 1958, as amended, came on for hearing at 1:45 P.M., September 10, 1964, and the City Council of the City of Fort Collins, having heard the testimony and evidence adduced upon said hearing and having considered the testimony, evidence, and petitions filed with the City and being familiar with the neighborhood for whicht he license is sought and the surrounding area and having carefully considered and weighed the same now makes the follow- ing findings: 1. That the license sought by the applicant is for a location in the 1200 block of '.Nest Elizabeth Street immediately west of the existing shopping center development. The property surrounding the area on the north,, west, and east is substantially residential development and the area to the east is the campus of Colorado State University. Immed- iately adjoining the proposed location and to the east is a small neighborhood shopping center, immediately across the street from the proposed location is the present site of the Westmoor Beach and Blade Club, a family recreational club, and St. Paul's Chapel, an Epis- copal Church and college student center. Also in the immediate neighborhood of the proposed location there are several other churches. Because of the recreational facilities and church in the neighborhood, there are many more children walking or on bicycles going to and from the facilities inthe neighborhood than in most other places in the City. �s 2. The City Council took extensive testimony* and received petitions and evidence concerning the proposed application. The testimony favoring the applicant may be summarized as follows: 5-39 September 17, i96_ (a) Herbert Kauvar and Richard Carle, the principal stockholders in the corporation applicant, testified regarding the type of faculity they plan to erect and the type of customers it will cater to and the way in which the proposed operation would be managed and run. Proposed plans for the building were present- ed and the option agreement under which they intend to buy the land for the outlet was presented. (b) The owners of two business establishments in the shopping center which adjoins the proposed location testified that they favored the license, that the students need a place to congregate, that the present time there are not adequate places of this nature for the student population, and that it would be to the financial advantage of t eir businesses If the application were allowed and the proposed establishment put in. Both of the two businessmen who so testifed were residents of the City of Boulder and did not reside in -the neighborhood. (c) Several students testified in favor of the application and stated that there are not adequate facilities of the type proposed in or around the City of Fort Collins, that there was no other establishment of the type proposed by the applicant and that the closest exist ng place of this type is in Boulder, Colorado They further testified that an establishment of this type was needed within walkinj distance for the students at Colorado State University and that many students do not have cars to drive to existing establishments. With one exception, the students who testified were not permanent residents of the City of Fort Collins but only lived in the City during their attendance at Colorado State University. None of the 'students who testified lived in the neighborhood of the proposed es- tablishment and the esisting outlets are as close orcloser thanthe proposed out- let for most of the students who testified. (d) The Reverend H. A. Lycett testified that he is the vicar of St. Paul's Chapel, that St. Paul's Chapel had takenrp official position regarding the appli- cation, that petitions opposing the application were made available to members of the church and that he personally favored the proposed location over other possibl( locations. The testimony and petitions opposing the application may be summarized as follows: (a) Petitions opposing the granting of the application were presented. These petitions may be divided into 'three categories: (1) A petition containing 22 sig- natures and stating that the granting of the application was not justified by either the needs of the neighborhood or the desires of the inhabitants. This petition was signed by owners, managers, or employees of the businesses in the Campus West Shopping Center which adjoins the proposed location. (2) Petitions signed by members; of the Westmoor Beach and Blade Club which oppoese the applica- �ion for the reason that there is no need or requirement for the outlet in the neigt borhood and the club members do not desire such an outlet in the neighborhood and because of the danger involved in having a 3.2 outlet across from a family club with many children going to and from the facility. This petition contained 84 signatures. A. petition signed by members of St. Paul's Episcopal Church oppos- ing the application for the reason that there is no need or requirement for such outlet in the neighborhood and as church members the signers do not desire the outlet in the neighborhood; and petitions signed by members of the Mormon Church and the Free Methodist Church which are located in the Fairview Subdivision and to the west and south of the proposed outlet and by members of the Westminster Church which will be located west of the proposed outlet. These petitions oppose the application for the last mentioned reasons given above. (3) Petitions signed by persons who reside in the neighborhood of the proposed establishment. There were 367 signatures of this type and all of these residents opposed the application for the reason that there is no need or requirement for such an outlet in the neighborhood and as neighborhood residents they did not desire such an outlet in the neighborhood. (b) Several residents of the neighborhood who had circulated the above men- tioned petitions testified and in substance their testimony was to the effect that they dis not desire the proposed operation in this location. They further testi- fied that the persons who signed the petitions, while not necessarily opposed to the proposed operation, were opposed to it in this location. 3. From the foregoing and from other testimony presented at the hearing and from tieing familiar with the proposed location and the neighborhood, it is the opinion and findii of the City Council that: A. A need was shown and apparently exists for the type of operation proposed but this need does not relate to the particular location and neighborhood for which this appli- cation was made; and the applicant failed to show that the reasonable requiremens of this neighborhood require the issuance of the type of license for which application was made. B. The evidence overwh'e;lmingly showed that the inhabitants of the neighborhood do not desire the proposed establishment. No permanent residents of the neighborhood test- ified in favor of the application and no petitions signed by any permanent residents of the neighborhood were presented at the hearing. The only testimony or petitions produced at the hearing demonstrated conclusively that the inhabitants of the neighborhood do not desir the proposed operation at this location. C. No need or reasonable requirement for a non -intoxicating malt liquor license i this location was shown, although there was substantial testimony that a facility providing dancing accomodations and eating accommodations was needed. It is the opinion of the City Council that any need shown by the testimony presented atthe hearing was for an entertain- ment facility and not necessarily for a non -intoxicating liquor dispensing establishment. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FORT COLLINS CONCERNING APPLICATION FOR CLASS A AND B LICENSE TO SELL NON -INTOXICATING MALT LIQUOR WHEREAS, the City Council of the City of Fort Collins has heard the application £ Herbcar, Inc. for a class A and B license to sell non -intoxicating malt liquor, and WHEREAS, the City Council has made its findings upon the evidence, testimony and titions submitted to it and upon its own knowledge of the premises and the neighborhood, ich findings precede this resolution and by reference are incorporated herein and made a rt hereof, and WHEREAS, the City Council has carefully considered the application, evidence, test- timony and petitions and has given the same such weight as it in its discretion deems proper and is now fully advised in the premises. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the application of Herbcar, Inc, for a class A and B license to sell non -intoxicating malt liquor be and it hereby is denied upon each of the gounds set forth in the findings of the City Council herein. Passed and adopted at a regular meeting of the City Council held this 17th day of ember, A. D. 1964. Isl Harvey G. Johnson Mayor TTEST: s/ Miles F. House ity Ulerk Motion was made by Councilwoman Quinn, seconded by Councilman McMillan, that this esolution be adopted. Roll was called resulting as follows: Ayes: Councilmen Johnson, cMillan, Guyer and Councilwoman Quinn. Councilman Colwell abstained. Nayes: None. The resident declared the motion adopted. The following resolution was presented and read at length: RESOLUTION F THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING AN AGREEMENT WITH JAMES H. TRUJILLO PER ITTING USE OF WATER OUTSIDE THE CITY LIMITS WHEREAS, an application was heretofore made to the City Council for permission to ap the water mains of the water system of the City of Fort Collins by James H. Trujillo, anc WHEREAS, under the provisions of Section 21-27 of the Code of Ordinances of the ity of Fort Collins no additional taps for new consumers outside the city limits of the ity of Fort Collins shall be permitted, except as the City Council expressly provides for by resolution,'and WHEREAS, the City Council has approved said application subject to the entering nto by said applicant of an agreement in connection with the granting of the application, nd WHEREAS, the City Attorney has prepared an agreement in accordance with the policy heretofore adopted by the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the application of the above mentioned party be and it is hereby approved. BE IT FURTHER RESOLVED that the terms of the agreement pertaining thee-eto be and they are hereby approved. BE IT FURTHER RESOLVED that the City Manager be and he is hereby authorized and cted to execute said agreement for and on behalf of the City of Fort Collins.. Passed anda dopted at a regular meeting of the City Council held this 17th day of ptember, A. D. 1964. TTEST: sl Miles F. House erk Motion was made by Councilman McMillan, seconded by Councilman Guyer, that this solution be adopted. Roll was called resulting as follows: Councilmen Johnson, Colwell, llan, Guyer and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The following resolution was presented and read at length: RESOLUTION THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING AN AGREEMENT TO BE ENTERED INTO WITH ENE E. FISCHER 541 September 17, 19Li_. WHEREAS, the City is purchasing from Eugene E. Fischer 1/40 share of the capital stock of the Pleasant Valley and Lake Canal Company, which water rights are now used in connection with property owned by the said Eugene E. Fischer, and WHEREAS, it has been agreed that the same of such water rights will satisfy any requirement for the sale of water in connection with any annexation of the lands of Eugene E. Fischer in the future, and WHEREAS, an agreement has been prepared by the City Attorney providing for the above, which agreement has been approved by the City Manager. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the terms of said agreement be and they hereby are approved. BE IT FURTHER RESOLVED that the Mayor and City Clerk b e and .they hereby are auth- orized and directed to execute said agreement on behalf of the City of Fort Collins. Passed and adopted at a regular meeting of the City Council held this 17t1a day of September, A. D. 1964. /s/ Harvey G. Johnson Mayor ATTEST: s/ Miles F. House ity lerk 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 tion adopted. Application for an outside water tap was presented as follows: Application of a Non -Resident for a Temporary Revocable Permit to Take Water from the Fort Coliins, Colorado, System of Water Works TO THE CITY MANAGER OF THE CITY OF FORT COLLINS, COLORADO: We the undersigned, owner of the following described property adjacent or close to but not within the corporate limits of the City of Fort Collins, Colorado', to -wit: The South 85 feet of Lot 18 in Block 1, Frey Subdivision, being a part of the NE4 of the SW4 of Section 10, Township 7 North, Range 69 West of the 6th P.M., accord- ing to the Plat filed July 9, 1964. does hereby respectfully petition the City of Fort Collins for permission -.to tap the Fort Collins Water Works distribution main at 14.3 Frey -- One 5/8" tap Dated at Fort Collins, Colorado, this 10 day of Sept., A. D. 1964. /s/ Leona Miller 143 Frey Motion was made by Councilman McMillan, seconded by Councilwoman Quinn, that this referred to the City Attorney to prepare the necessary resolution and agreement. Roll s called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Guyer and uncilwoman Quinn. Nayes: None. The President declared the motion adopted. The following application was presented and read at length: Application of a Non -Resident for a Temporary Revocable Permit to Take Water from the Fort Collins, Colorado, System of Water Works TO THE CITY MANAGER OF THE CITY OF FORT COLLINS, COLORADO: The undersigned, owner of the following described property adjacent or close to but not within the corporate limits of the City of Fort Collins, Colorado, to -wit: Six Lots in Block 6 and six room house. The Bellvue Water Association pipe line runs in front of our property. Our well water gets low at times. does hereby respectfully petition the City of Fort Collins for permission to tap the Fort Collins Water Works distribution main at Bellvue Colorado -- 3/4" tap. Dated at Fort Collins, Colorado, this 11 day of Sept., A. D. 1964. /s/ Hannah C. L. Fors Ben H. Fors Motion was made by Councilman McMillan, seconded by Councilwoman Quinn, that this pplication be referred to the City Manager and City Attorney for investigation and report. 542 September 17, 1964 Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Guyer and Councilwoman Quinn. Nayes: None. The President declared the motionaadopted. The following communication was presented and read at lengibh:: September 14, 1964 Ft. Collins City Council: We the undersigned respectfully request the first 60 ft. of curb on the south side of the street in the 100 block on Locust St, to be designated one hour parking. The reason for this request is the college students take all available parking and hold it from 7 A.M. until 4 P.M. five days per week. We feel a 1 hour parking zone would get a turn over of parking and would benefit all. There are 12 residences and one real estate office in the Scott Ants. Some of the tenants resent meters but all are agreeable to 1 hr. parking zone. The front of the lot facing on College Ave. is metered; thus, there is parking enforcement already being carried on in the area. Respectfully, /s/ R. E. Sidney Charles N. Burchfield Mrs. A. F. Jungmeyer A. J. Jungmeyer Mrs. R. W. Baird Mr. & Mrs. C. E. Heckman R. Kenneth Holly Mrs. Henry C. Schilling Thelma M. Farhar Motion was made by Councilman Colwell, seconded by Councilwoman Quinn, that this request be approved and one -hour parking for the entire one-half Block east of South College' Avenue on the south side of the street and the matter be referred to the City Attorney to prepare the necessary papers to facilitate the request. Roll was called resulting as fol- lows: Ayes: Councilmen Johnson, Colwell, McMillan, Guyer and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The following communication was presented and read at length: WRAY PLUMBING AND HEATING COMPANY September 14, 1964 City Engineer City of Fort Collins Fort Collins, Colorado Gentlemen: We propose to build an addition adjacent to the west side of our present building located at 132 Willox Lane. This building will be 501 x 1201 and will be for rental purposes.. We request an additional 3/4" water tap for this building. Respectfully submitted, WRAY PLUMBING & HEATING CO. /a/ Fred R. Kennedy President Motion was made by Councilman McMillan, seconded by Councilwoman Quinn, that this request be approved and the water tap be granted. 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 petition and application was presented and read at length: PETITION AND APPLICATION FOR REZONING STATE OF COLORADO) ) ss. COUNT"_ OF LARINIER) TO THE COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Gentlemen: We, the undersigned, being the owners of 50% of the following described property, situate in the City of Fort Collins, County of Larimer, State of Colorado, to -wit: 543 September 17, 196L4 A portion of Lot 6, Maynard Addition to the City of Fort Collins, Larimer County, Colorado described as follows: Beginning at the SE corner of said Lot 6, thence West 49.40 feet to the true point of beginning; thence North 112.00 feet; thence West 92.5 feet; thence South 112.00 feet to the North line of Stuart Street; thence along said North line, East 92.50 feet to the true point of beginning. Containing acres, more or less, do respectfully petition and request that the City Council amend the zoning ordinance of the City of Fort Collins by changing said above des- cribed land from B Residential zone to C Residential zone. Respectfully submitted, /s/ Herbert Cromer Tessie V. Cromer STATE OF COLORADO) ) ss. COUNTY OF LARIMER) The foregoing instrument was acknowledged before me this 14th day of Sept., 1964 By Herbert Cromer and Tessie V. Cromer for the purposes therein set forth. My commission expires January 17, 1965. /a/ Ruth E. Evans Notary Public Motion was made by Councilman Johnson, seconded by Councilwoman Quinn, that this be referred to the Planning and Zoning Board for their recommendation. Roll was called re- sulting as follows: Ayes: Councilmen Johnson;; Colwell, McMillan, Guyer and Councilwoman inn. Nayes: None. The President declared the motion adopted. The following petition and application for rezoning was presented and read at lent STATE OF COLORADO as. PETITION AND APPLICATION FOR REZONING COUNTY OF LARIMER) TO THE CITY COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Gentlemen: We, the undersigned, being the owners of 50% of the following described property, situate in the City of Fort Collins, County of Larimer, State of Colorado, to -wit: Lots 8, 9 and 10 in Block 143, City of Ft. Collins Containing one-half acres, more or less, do respectfully petition and request that the City Council amend the zoning ordinance of the City of Fort Collins by changing said above descrit land from C Residential zone to D Commercial zone. Respectfully submitted, Webster Farms, Inc. /s/ By: .Charles Webster - Trustee ATE OF COLORADO) ) ss. UNTY OF LARIMER) foregoing instrument was acknowledged before me this 15th day of Sept., 1964 Charles Webster, Trustee of Webster Farms, Inc. the purposes therein set forth. commission expires May 17, 1967. (SEAL) /s/ Hariette B. Bailey Notary Public Note: Filing of a petition to rezone requires a deposit of $50.00 with the City Clerk to efray the cost of the amendment. Motion was made by Councilwoman Quinn, seconded by Councilman Guyer, that this referred to the Planning and Zoning Board for their recommendation. Roll was called re- ulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Guyer and Councilwoman uinn. Nayes: None. The President declared the motion adopted. The following communication was presented and read at length: VEALESS F. HUDSPETH September 9, 1964 obert F. Boos ity Manager ity of Fort Collins .0. Box 580, Fort Collins Colorado 80522 1544 September 17, 1964 Re: Pedestrian Crosswalk - Stover St. between Prospect St. and Stuart St. Dear Mr. Boos: I made a field check of the above location as to the problems you mentioned with regard to the crosswalks, surface, width, etc. The sidewalks are not continuous in this area. The City has placed cold mix as- phalt to connect the sections and provide a continuous walkway. This does provide a mud - free surface for the school children to walk along Stover Street between Stuart and Prospect Streets. The asphalt was rather spongey at the time I looked at it. With cooler weather an loss of the volatile materials the asphalt should become firm and better suited for pedes- trian and bicycle traffic. The section of asphalt walkway is approximately the same width as the sidewalks.' Few sidewalks in the city permit use by both pedestrian and bicycle traffic at the same time. I am of the opinion the remedial measures taken by the City can be considered appropriate at this time. Since major construction is contemplated on the east side of Stuart Street, no doubt adequate walkways will be provided on the east side as well as con- tinuous sidewalks on the west side. It appears the problems along this section of Stuart Street are part of the price of progress in making improvements. Very truly yours, /s/ Vealess F. Hudspeth Consulting Traffic Engineer Mrs. W. V. Lumb, 1905 Mohawk, was present and spoke briefly after the reading of the report in which she stated that the report was not satisfactory to herself, inasmuch as some thing should be d)ne before the winter weather starts in. Motion was made by Councilman Johnson, seconded by Councilwoman Quinn, that the Council visit the location themselves and look into the situation as explained by Mrs. Lumb and that the matter be tabled for one more week. 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 letter was presented and read at length: FINANCIAL PLANNING SERVICE September 4, 1964 Mayor Harvey Johnson City of Fort Collins Fort Collins, Colorado Dear Mayor Harvey: Enclosed you will find a copy of a letter given to the Men's Garden Club on behalf of the residents of the Indian Hills circle. I believe it is self explanatory. However, I have underlined a few points where we feel the city will have an interest. We wish to compliment the members of the City Council for their good thinking in the approval of this plan. We feel it will be a great addition to the City of Fort Collins as well as the Indian Hills area itself. Should the City wish to contact the people on the circle, they may do so through me, since I am acting as the chairman for the group. Respectfully yours, /s/ Frank Hooper The Men's Garden Club September 3, 1964 Fort Collins Colorado Gentlemen: We the hereinafter named residents of the Indian Hills circle wish to express our desire for the Men's Garden Club of Fort Collins to develop the area of land known as Indian Hills Park for purpose of an Arboretum. However, we feel that since this park backs up to our properties, we should have the right of approval on the final plan. We are not concerned with the placement and arrangement of the shrubs, flowers and the like, but we are concerned about the permanent, physical improvements such as the buildings, lighting, parking lot, Cherokee Street Entryway and the like. We would like for the building and parking lot, to be either in back of the Mel Johnson property or out cam e to the street, whichever you feel is best. We ask that the Entryway from Cherokee Street be just as attractive as the north entry. Also we wish the Cherokee Street gate to be at least as far south as the southwest corner of the Hooper fence. vie would prefer that lighting be of the flood light type and on the south side pointing in a northerly direction. Since all Indian Hills utilities are,underground, we ask that this same plan be followed in your development. We would hope that as you develop your plans you do so by starting with your mountain and completing the eastern sections first leaving a play area on the West as long as possible. However, when you feel you need to use that area we give you our full permis- sion to go mead. We ask that you have a very specific contract with the city paying particular attention to the maintainance perpituity of the park. Specifically the period of time after the six year development period. We recognize that you will probably want us to help you in some ways and are aware that we must act in some degree as guardians' of the park when it is not attended. This we are willing to do if it is your desire. We wish to express our most sincere appreciation to your organization for its fine plan. We feel that it will be a great asset, not only to the Indian Hills area, but more so to the entire city as well. We look forward with great anticipation to your beginning and will wfttch diligently as you complete your program. Mrs. Pauline dray 700 Cherokee Drive Mr. & Mrs. James Buchanan 704 " " Mr. & Mrs. Arnold Torgenson 708 it " Mr. & Mrs. C. E. Ramsey 712 " Mr. & Mrs. T. H. Sackett 716 Mr. & Mrs. Darrel Blake 720 " Mr. & Mrs. Frank Hooper 724 Cherokee Mr. & Mrs. Melvin Johnson 728 " Mr. 8: Mrs. Donald Niewald 732 Mr. & Mrs. Sherman Comstock 740 " Mr. & Mrs. Weldon Phipps 744 - " Mr. & Mrs. John Noble 748 " /s/ Signed: Frank Hooper, Chairman (Mr. and Mrs. Paul Mielke, new residents at 736 Cherokee were not in town for our meeting) Motion was made by Councilman McMillan, seconded by Councilwoman Quinn, that the matter be referred to the City Manager for disposition. Roll was called resulting as followsl: Ayes: Councilmen Johnson, Colwell, McMillan, Guyer and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The following ordinance was presented on first reading: ORDINANCE NO. 35, 1964 CREATING A COMMISSION ON HUMAN RELATIONS Motion was made by Councilman McMillan, seconded by Councilwoman Quinn, that Ordi- nance No. 35, 1964, be considered favorably on first reading and ordered published this 17th day of September, A. D. 1964, and -to be presented for final passage on the 8th day of Oct- ober, A. D. 1964. Rollwas called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Guyer and Councilwoman Quinn. 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 APPROVING THE TERMS OF AN AGREEMENT TO BE ENTERED INTO WITH W. A. SMITH AND MYRTLE M. SMITH WHEREAS, W. A. Smith and Myrtle M. Smith have requested the issuance of a building permit for the construction of a dwelling on Lot 2 of W. A. Smith Subdivision according to preliminary plat dated August 27, 1964, and WHEREAS, said preliminary plat has been approved by the Planning and Zoning Board out the final plat has not yeet been approved nor has t he usual utility agreement required for final approval of the plat veen entered into, and ItEiEREAS, the applicants for the building permit have assured the City of Fort ollins that they will continue with the necessary action to obtain final Mroval of their ubdivision plat, and WHEREAS, the City Attorney has prepared an agreement in connection therewith to be entered into between the City of Fort Collins and the applicant's in correction with the issuance of a building permit. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS THAT A building permit as required by the applicants be issued subject to the terms of the proposed agreement, and BE IT FURTHER RESOLVED that the terms of said proposed agreement be and the same re hereby approved, and BE IT FURTHER RESOLVED that the Mayor and the City Clerk be and they are hereby uthorized and directed to execute said agreement for and on behalf of the City of Fort ollins. 546 Passed and adopted at a regular meeting of the City Council held this 17th day September, A. D. 1964. s/ Harvey G. Johnson Mayor TTEST: s/ Miles F. House itv Clerk Mr. Gene Allen explained the reason for the presentation of this resolution and greement and inasmuch as the Planning and Zoning Board had approved the preliminary plat f Mr. W. A. Smith Subdivision, he requested the approval of this resolution in order that Smith could start work on a house for his daughter before the winter weather closed in. otion was made by Councilman McMillan, seconded by Councilman Colwell, that this resolution e adopted. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, cMillan, Guyer and Councilwoman Quinn. Nayes: None. The President declared the motion dooted. The following communication was presented and read at length: POUDRE VALLEY FEDERAL CREDIT UNION ayor Johnson ity Council ity of Fort Collins ar Sirs: he Poudre Valley Federal Credit Union does desire a ruling to obtain permission of the ity Council to install diagonal parking in front of their property on the west side of eldrum Street, being 319 So. Meldrum. his would be accomplished in this manner by removing the present curb to outer edge of resent public sidewalk, removing dirt as needed to obtain desired bay type area, then to it as needed to have hard surface. 20 or 30 degree parking angle can be used,possibly a 20 degree being more desirable, inas- uch as the backing automobile could remain in the proper lane of traffic in this operation. Respectfully submitted, /a/ W. J. Smilie Mgr. P.V.F..C.U. Mr,. Smilie was present and explained why they wished the diagonal parking and bay , he also stated that they did not have off-street parking. Motion was made by Council- oman Quinn, seconded by Councilman Guyer, that this matter be tabled until next.week and the Council inspect the location themselves. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Guyer and Councilwoman Quinn. Nayes: None. The sident declared the motion adopted. The following letter was presented and read at length: September 16, 1964 Mr. Arthur E. March, City Attorney City of Fort Collins Post Office Box 580 300)West LaPorte Avenue Fort Collins, Colorado ar Sir: Our Mr. Schumacher has referred to me your letter of August 26 regarding complaint's ade to the City Council about street crossings within the City of Fort Collins being at imes occupied by our trains an excessive amount of time. Upon receipt of your letter from Mr. Schumacher, we promptly handled with all f our train crews with instructions that they would immediately discontinue any such practice nd would comply with City Ordinance in all respects by cutting crossings when necessary and of occupy them longer than Ordinance permits. olations. We will keep in touch with this matter and do everytd ng possible to avoid future Very truly yours, Isl E. C. Ackerman Superintendent September 17, 1964 The City Attorney advised the Council that he had served Warren Miller, owner of the N & R Bar and Jerry McCoy, owner of the Red Garter, of a hearing to held on violations on the non -intoxicating malt liquor ordinance. Said hearing to held held on September 24, 1964. The following resolution was presented and read at length: RESOLUTION OF THE COUNCIL OF THE CITY OF FORT COLLINS CONDITIONALLY APPROVING A CONTRACT TO BE ENTERED INTO WITH HERREN-STRONG, INC. FOR THE (D NSTRUCTION OF THE FORT COLLINS-LOVELAND AIRPORT WHEREAS, the Cities of Fort Collins and Loveland, Colorado, have heretofore called for bids pursuant to law for the furnishing of all labor andmaterials and performing all work for the construction of the Fort Collins -Loveland airport, and WHEREAS, Herren -Strong, Inc. submitted the lowest and best bid therefor and, WHEREAS, it is necessary bwfore said bid be finally approved that the Federal Aviation Agency approve the letting of said bid, and WHEREAS, said bid heretofore been accepted by the City Councils of the Cities of Fort Collins and Loveland, Colorado, and WHEREAS, a contract has been prepared in connection therewith which is known as F.A.A. Project No. 9-05-038-01. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the terms of said contract be and the same are hereby approved. BE IT FURTHER RESOLVED that the Mayor and City Clerk be and they are hereby auth- orized and directed to execute said contract for and on behalf of the City of Fort Collins. BE IT FURTHER RESOLVED that said contractor be notified of the acceptance of its bid. BE IT FURTHER RESOLVED that the above actions taken by the Council of the City of Fort Collins are all conditioned upon final approval of said project and said contract by the Federal fviation Agency. Passed and adopted at a regular meeting of the Council held this 17th day of Sept- ember, A. D. 1964. / ti a yor ATTEST: /s/ Miles F. House City Clerk are The Mayor, as member of the Interim Airport Committee, explained there/some stip- lations for the approval of the contract made by the Federal Aviation Agency, but that they ad authorized the execution of the contract until the stipulations had been smoothed out tween the F.A.A. and the cities of Fort Collins and Loveland. Motion was made by Council- n Guyer, seconded by Councilwoman Quinn, that this resolution be adopted. The following communications was presented and read at length: September 16, 1964 ity Council ity Hall ort Collins, Colorado lemen: The undersigned hereby offers for sale to the City 1/40 share of the capital stock of the capital stock of the Pleasant Valley and Lake Canal Company at a total price of $60.0( This price is based on the going rate Of $2,400,00 per share. If you desire to accept this offer, you may so advise me and I will endorse over the stock certificate. Sincerely yours, /s/ Lulu M. Bell Motion was made by Councilman Colwell, seconded by Councilwoman Quinn, that this tter be referred to the City Attorney to purchase this water. Rollw as called resulting s follows: Ayes: Councilmen Johnson, Colwell, McMillan, Guyer and Councilwoman Quinn. ayes: None. The President declared the motion adopted. 548 September 17, 1964 Motion was made by Councilwoman Quinn, seconded by Councilman Johnson, that the Council adjourn. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Guyer and Councilwoman Quinn. Nayes: None. The President declared the motion adopted, and the Council adjourned. ^ nmmT? �,m•