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HomeMy WebLinkAboutMINUTES-09/24/1964-RegularSeptember & 196(� MINUTES OF A REGULAR MEETING OF THE COUNCIL OF THE CITY OF FORT COLLINS, Held Thursday, September 24, 1964, at 1:30 o'clock P.M. Present: Councilmen Johnson, Colwell, McMillan, Guyer and Councilwoman Quinn. Acting Acting City Manager Lynch , City Attorney March and/City Engineer Case. Motion was made by Councilwoman Quinn, seconded by Councilman Guyer, that the reading of the minutes of the last regular meeting held September 17, 1964, be dispensed with. 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 Jesse Godinez and Gillermo Godinez dba El Burrito Cafe, 404 Linden Street, to the State of Colorado, for renewal of 3.2% beer license, was presented. Motion was made by Councilwoman Quinn, seconded by Councilman Guyer, that the Mayor and City Clerk be authorized to execute the approval of the licensing authority. Roll was call- ed resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Guyer and Council- woman Quinn. Nayes: None. The President declared the motion adopted. The application of Jesse Godinez and Gillermo Godinez dba El Burrito Cafe, 404 Linden Street, to the City for a renewal of a non -intoxicating malt liquor license, accom- panied by the required license fee, was presented. Motion was made by Councilwoman Quinn, 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 and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The application of Mary R. Gallegos dba La Sierra Cafe, 162 Linden Street, to the State of Colorado, for a 3.2% beer license, was presented. Motion was, made by Councilman McMillan, seconded by Councilwoman Quinn, that the Mayor and City Clerk be authorized to execute the approval of the licensing authority. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Guyer and Councilwoman Quinn. Nayes: None. he President declared the motion adopted. The application of Mary R. Gallegos dba La Sierra Cafe, 162 Linden Street, to the ity for a non -intoxicating malt liquor license, accompanied by the required license fee, presented. Motion was made by Councilwoman Quinn, seconded by Councilman Colwell, that the license be granted subject to the issuance of the State license. 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 ordinance was presented on second reading: ORDINANCE NO. 33, 1964 MENDING CHAPTER 19, CODE OF ORDINANCES OF THE CITY OF FORT COLL•INS, COLORADO, 1958, AS PTENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE, CHANGING A TRACT OF LAND LOCATED IN THE SW F SECTION 18, TOWNSHIP 7 NORTH, RANGE 68 'NEST OF THE 6TH P.M. FROM "A" RESIDENCE DISTRICT 0 "D" COMMERCIAL DISTRICT. Motion was made by Councilwoman Quinn, seconded by Councilman Guyer, that Ordi- nance No. 33, 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. The following ordinance was presented on second reading: ORDINANCE NO. 34, 1964 BEING AN ORDINANCE RELATING TO THE VACATION OF AN EASEMENT ACROSS THE EAST SIDE OF LOT 17, MILLER BROTHERS FOOTHILLS SUBDIVISION, FOURTH FILING Motion was made by Councilwoman Quinn, seconded by Councilman Guyer, that Ordi- ance No. 34, 1964, be adopted and become a law upon passahe. Roll was called resulting as 550 September 24, 1964 follows: Ayes: Councilmen Johnson, Colwell, McMillan, Guyer and Councilwoman. Quinn. Noyes: None. The President declared the.motion adopted. This being the date of the hearing on the LaPorte Avenue Annexation, the City Clerk advised the Council that no written counter petitions had been filed. The following ordinance was presented on first reading: ORDINANCE NO. 36, 1964 ACCEPTING AND APPROVING THE PLAT OF WHAT IS KNOWN AS THE LaPORTE AVENUE ANNEXATION TO THE CITY OF FORT COLLINS AND TO BE INCLUDED WITHIN THE LIMITS AND JURISDICTION THEREOF, PUR= STANT TO THE AUTHORITY CONTAINED IN ARTICLE 11, CHAPTER 139, COLORADO REVISED STATUTES, 195( Motion was made by Councilman McMillan, seconded by Councilwoman Quinn, that Ordi- nance No. 36, 1964, be considered favorably on first reeding and ordered published this 24th day of September, A. D. 1964, and to be presented for final passage on the 15th day of October, A. D. 1964. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Guyer and Councilwoman Quinn. Noyes: None. The President declared the motion adopted, This being the date of the hearing on the Second Fairview "West" Annexation, the C Clerk advised the Council that no written counter petitions had been filed. The following ordinance was presented on Hirst reading: ORDINANCE NO. 37, 1964 ACCEPTING AND APPROVING THE PLAT OF WHAT IS KNOWN AS THE SECOND FAIRVIEW "WEST" ANNEXATION TO THE CITY OF FORT COLLINS AND TO BE INCLUDED WITHIN THE LIMITS AND JURISDICTION THEREOF, PURSUANT TO THE AUTHORITY CONTAINED IN ARTICLE 11, CHAPTER 139, COLORADO REVISED STATUTES, 1953 Motion was made by Councilman Q,uyer, seconded by Councilwoman Quinn, t'nat Ordi- nance No. 37, 1964, be considered favorably on first reading and ordered published this 24th day of September, A. f�. 1964, and to be presented for final passage on the 15th day of October, A. D. 1964. Roll was called resulting as follows: Ayes: Councilmen. Johnson, Colwell, McMillan, Guyer and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The matter of the various requests for angle parking at the following locations: 300 Block South Meldrum Street, 600 Block Smith Street, 800 Block Smith Street, 500 Block ,Jest Oak Street, 300 Block So. Sherwood Street, 500 Block East Magnolia and 20 Circle Drive, was again presented to the Council. These various requests had beentabled and referred previously, however, the Mayor requested a review of the report of the City Engineer, G. J. Weiss, made August 11, 1964, and this report was read again to refresh the Council as to the recommendation made by Mr. Weiss. After discussion, motion was made by Council- man Guyer, seconded by Councilwoman Quinn, that the report of the City Engineer made on August 11, 1964, be accepted and include.20 Circle Drive and the 500 Block of East Magnolia, inasmuch as verbal reports had been made on the last two requests, thereby denying all requests for diagonal parking. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Guyer and Councilwoman Quinn. Nayes: None. The President de- clared the motion adopted. The following resolution was presented and read at length: RESOLUTION OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING AN AGREEMENT WITH LEOI'dA MILLER PERMIT- TING USE OF WATER OUTSIDE THE CITY LIMITS WHEREAS, an application was heretofore made to the City Council for permLmion to tap the water mains bf the water system of the City of Fort Collins by Leona Miller, and y WHEREAS, under the provisions of Section 21-27 of the Code of Ordinances of the City of Fort Collins, Colorado, 1958, as amended, no additionaltaps for new consumers out- side the city limits of the City of Fort Collins shall be permitted, except as the City 551 Council expressly provides for by resolution, and WHEREAS, the City Council has approved said application subject tot he entering into by said applicant of an agreement in connection with the granting of the application, and 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 pertaning thereto be and they are haerby approved. BE IT FURTHER RESOLVED that the City Manager be and he is hereby authorized and directed to execute saida greement for and on behalf of the City of Fort Collins. Passed and adopted at a regular meeting of the City Council held this 24th day of September, A. D. 1964. /s/ Harvey G, Johnson Mayor ATTEST: sl Miles F. House Motion was made by Councilwoman Quinn, seconded by Councilman Guyer, that this resolution be adopted. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Guyer and Councilwoman Quinn. Nayes: None. fhe President declared the motion adopted, The City Attorney reported that he was not prepared to make any recommendation upo the request of Hannah and Ben Fors for an outside water tap of Bellvue, Colorado, and recom- mended that a notice be sent to Mr. and Mrs..Fors to obtain a consent from the West Fort Collins District and the Bellvue Water Association before further consideration of this application. Motion was made by Councilman Johnson, seconded by Councilwoman Quinn, that this recommendation of the City Attorney be accepted and the City Attorney advise Mr. and Mrs. Fors thereof. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Guyer and Councilwoman Quinn. Nayes: None. The President declared the motion 11 adopted. The matter of the resolution for one -hour parking in the 100 Block of Locust Stree to the alley was held in abeyance until various petitioners had expressed their views on the matter of one -hour parking of the 2 Block from College Avenue east to the alley. It appears that they did not want the whole 2 placed on this resolution. Mr. R. E. Sidney, one of the petitioners and Thelma Farra'r., both felt that if such was necessary, that the petition be thdrawn. The Council then advised them that they were willing to place one -hour meters at this location on a 90 day trial period and this offer was accepted by those present. Motion was made by Councilwoman Quinn, seconded by Councilman Guyer, that the City install one -hour meters for 90 days at the location of South', r. College Avenue. :� Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Guyer and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The City Attorney advised the Council that he had purchased the 1/40 share of the capital stock of the Pleasent Valley and Lake Canal Company from Luju M. Bell at the price of $60.00, based on the rate of 2,400.00 per share. Motion was made by Councilman Johnson, seconded by Councilwoman Quinn, that the action of the City Attorney be approved. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Guyer and Coun- cilwoman 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 EMPLOYING CERTIFIED PUBLIC ACCOUNTANTS TO AUDIT BOOKS OF THE Cd TY OF FORT COLLINS, COLORADO. 552 September. 24, 1964 WHEREAS, Section 17 of Article II of the Charter of the City of Fort Collins, requires the Council to provide for an independent audit, at least annually, by certified public accountants, of all books and accounts of the City; and WHEREAS, the firm of Rogers & McCluskey, certified public accountants, have audited the books of the City of Fort Collins in previous years, and Harold C. Greager, certified public accountant, has audited the books of the Fort Collins Light & Power Depart= pent previously; and WHEREAS, the firm of Rogers & McCluskey, certified public accountants, have aud- ited the books of the City of Fort Collins in previous years, and Harold C. Greager, certi- fied public accountant, has audited the books of the Fort Collins Light and Power Department previously; and WHEREAS, the City Manager has requested the employment of the certified public accountants to audit the books and accounts of the City of Fort Collins for the year of 1964, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS, that Rogers and McCluskey and Harold C. Greager, certified public accountants of the City of Fort Collins be and they are hereby employed to audit the books and accounts of the City of Fort Collins for the year of 1964; and BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS, that the Mayor and City Clerk be and they are hereby authorized to execute contracts with the above parties and the audits shall not be started until the contracts have been executed by both parties. Passed and adopted at a regular meeting of the Council of the City of Fort Colli eld this 24th day of September, A. D. 1964. TTEST s/ Miles F. House !'/ s/ Harvey G. Joh ayor Motion was made by Councilman McMillan, seconded by Councilwoman Quinn, that this esolution be adopted. Roll was called resulting as follows: Ayes: Councilmen Johnson, olwell, McMillan, Guyer and Councilwoman Quinn. Nayes: None. The President declared the ion adopted. The following communication was presented and read at length: THE NORTHERN HOTEL �r. Harry Lynch ;ity Manager Office ?ort Collins, Colo. ar Mr. Lynch: Thurs. Sept. 17, 1964 n September 15th I took possessi)n of the Northern Hotel operation from Mr. Ace Gillett. resious to this time I was one of the owners and still retain a third interest in the build ng . ow that I have the Hotel operation under my wing, I presume to do some extensive remodeling his up -dating and renovations of the building will be an asset to this structure and to the usiness on North College. But before I can feel free to go ahead with plans for extensive emodeling costs, including a first class restaurant, I must find as olution tothe present arking situation which plagues this Hotel Site. he past two nights our guests complained about no place to park their cars without breaking lsw which proh JEits all night parking at the curb. The center parking is torn up and fence ff. This was the only legal all night parking available for the Hotel guests. The tickets ssued to them for this illegal parking brought some furious language from them and future entals will be not to the benefit of this establishment or any other business if a guest ecides not to remain in Fort Collins over -night to complete his business. Your fine Police Department saw our plight last night as I mentioned it to them. They info me it was a ruling established to aid in street cleaning. The all night parking interferes with cleaning machines and I can appreciate the fine attitude towards a clean City and wish to help maintain this attitude. I'd like, if I may, offer a suggestion to relieve this all night parking at the curb by alternating the times of cleaning on one side of the street and allow parking on the other side. Alternate nights can be.used.to clean the opposite side of the street. This policy is used by other Cities and towns and seems to work out to the satisfiaction of parties con- cerned and the street cleaning departments. Perhaps your planning department can offer some ideas to relieve our plight on this parking situation. It will be my pleasure to work with them anyway that I may be of help. The downtown enterprise group is working on future parking which we need badly in this busi- ness section of town, and some of their ideas are logical. But for the present and in order to survive this waiting period of the future parking ideas we need immediate relief of the all night parking. our prompt attention to this matter will be greatly appreciated. 033 Very truly yours, Isl Jack M. Sugarman After considerable discussion in which the Mayor advised the Council that there was considerable planning being done on the matter of parking in the down town area but none have been made at this time. Motion was made by Councilwoman Quinn, seconded by Coun- cilman Johnson, that the request for removal of the night restrictions on College Avenue and Walnut Street 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 matter of the request of John Nicol for a review of traffic conditions at the outh College Avenue and Myrtle Street intersection was presented. His request for a stop ight was again brought up before the Council which had been tabled from a previous meeting o this date. After considerable discussion between Mr. Nicol and the members of the Counc otion was made by Councilman McMillan, seconded by Councilman Johnson, that this be refer - ad to the City Manager for a thorough investigation as to the traffic conditions at this ntersection. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, Millan, Guyer and Councilwoman Quinn. Nayes: None. The President declared the motion dopted. Mr. William Wyatt advised the Council that the parents and residents in the neigh- borhood of Bennett School had been working and had obtained a guarded cross walk at the intersection of South Shields and Lake Street to provide safe crossing for school children using it against the heavy traffic in that area. Arrangements had been made to have a uniformed Guard at Shields and Prospect during the hours directly preceeding school, the noon hour and also during the time of dismissal of the school. The Mayor thanked those pre- sent for their community spirit. The following resolution was presented and read at length: RESOLUTION UTHORIZING THE ACCEPTANCE OF A GRANT AGREEMENT FROM THE UNITED STATES RELATING TO THE DEVE- OPMENT OF THE FORT COLLINS--LOVELAND AIRPORT IT RESOLVED by the Mayor and Council of the City of Fort Collins, Colorado: Section 1. That the City of Fort Collins, Colorado, shall, as Co-sponsor with the ity of Loveland, Colorado, accept the Grant Agreement from the Federal Aviation Agency, ated September 21, 1964, for the purpose of obtaining Federal Aid in the development of the ort Collins -Loveland Airport, and that such Grant Agreement shall be as set forth hereinbe- ow. Section 2. That the City of Fort Collins, Colorado, does hereby ratify and adopt 11 statements, representations, warrantees, covenants, and agreements contained in the Pro- ect Application, which is incorporated by reference in the said Grant Agreement. Section 3. That the Mayor is hereby authorized and directed to execute said Grant greement on behalf of the City of Fort Collins, Colorado, and the City Clerk is hereby auth- rized and directed to impress thereon the Official Seal of the City of Fort Collins, and to ttest said execution. Section 4. That the Grant Agreement referred to hereinabove shall be as follows: FEDERAL AVIATION AGENCY GRANT AGREEMENT Part 1-Offer Date of Offer September 21,"1964 Fort Collins -Loveland Airport Project No Contract No. 9-05-033-0501 FA65WE-0114 0: The City of Fort Collins, Colorado, and the City of Loveland, Colorado (herein referred to as the "Sponsor") 554 FROM: The United States of America (acting through the Federal Aviation Agency, herein referred to as the "FAA") WHEREAS, the Sponsor has submitted to the FAA a Project Ap_lication dated April 17, 1964, for a grant of Federal funds for a project for development of the Fort Collins -Loveland Airport (herein called the "Airport"), together with clans and specifications for such pro- ject, which Project Application, as approved by the FAA is hereby incorporated herein and made a part hereof; and WHEREAS, the FAA has approved a project for development of the Airport (herein called the "Project") consisting of the following -described airport development: Land acquisition (Parcels 1, 2A, 2B, 3 and 4); construct, light (MIRL) and mark runway 15-33 (approximately 65001 x 1001); construct and mark taxiways (approxima- tely 1850 x 501); construct and light apron (approximately 530' x 150t); construct access road (approximately 1600, x 24'); install beacon, lighted wind cone, seg- mented circle and perimeter fence (approximately 33,400 i.f.) all as more particularly described in the nroperty map and plans and specifications incor- porated in the said Project Application; NOR THEREFORE, pursuant to and for the purpose of carrying out the provisions of the Feder- al Airport Act, as amended (49 U.S.C. 1101), and in consideration of (a) tire Sponsorls adoption and ratification of the representations and assurances contained in said Froject Application, and its acceptance of this Offer as hereinafter provided, and (b) the benefits to accrue tothe United States and the public from the accomplishment of the Project and the operation and maintenance of the Airport as herein provided, THE FEDERAL AVIATION AGENCY, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay, as the United States share of the allowable costs incurred in accomplishing the Project, 53.30 per centum of said allowable project costs. This Offer is made on and subject to the following terms and conditions: 1. The maximum obligation of the United States paybble under this Offer shall be $404,456.00. 2. The Sponsor shall: (a) begin accomplishment of the Project within Sixth days after acceptance of this Offer or such longer time as may be prescribed by the FAA, with failure to do so constituting just cause for termination of the obligatiot of the United States hereunder by the FAA; (b) carry out and complete the Project without undue delay and in accordance with the terms hereof, the Federal Airport Act, and Sections 151.45-151.5 of the Regulations of the Federal Aviation Agendy (14 CFR 151) in effect as of the date of acceptance of this Offer; which Regulations are here- inafter referred to as the "Regulations"; (c) carry out and complete the Project in accordance with the plans and spec- ifications and property map, incorporated herein, as they may be revised or modified with the approval of the FAA. 3. The allowable costs of the project whall not include any costs determined by the FAA to be ineligible for consideration as to allowability under Section 151.41 (b) of the Regulations. 4. Payment of the United States share of the allowable project costs will be made pursuant to and in accordance with the provisions of Sections 151.57- 151.63 of the Regulations. Final determination as tothe allowability oft he costs of the project will be made at the time of the final grant payment pur- suant to Section 151.63 of the Regulations: Provided, that, in the event a semi-final grant payment is made pursuant to Section 151.63 of the regulation final determination as to the allowability of those costs to which such semi- final pament relates will be made at the time of such semi-final payment. 5. The Sponsor shall operate and maintain the Airport as provided in the Project Application incorporated herein and specifically covenants and agrees, in accordance with its Assurance 4 in Part III of said Project Application, that in its operation and the operation of all facilities thereof, neither it nor any person or organization occupying space or facilities thereon will discrim- inate against any person or class of persons by reason of race, color, creed or national origin in the use of any of the facilities provided for the pub- lic on the airport. 6. The FAA reservesthe right to amend or withdraw this Offer at any time prior to its acceptance by the Sponsor. 7. This Offer shall expire and the United States shall not be obligated to pay any part of the costs oft he Project unless this Offer has been accepted by the Sponsor on or before November 21, 1964, or such subsequent date as may be prescribed in writing by the FAA. 8. The Federal Government does not now plan or contemplate the construction of any structures pursuant to paragraph 9 of Part III-Sponsor's Assurances of the Project Application dated April 17, 1964, and therefore it is understood and agreed that the Sponsor is under no obligation to furnish any such areas or rights under this Grant Agreement. 9. It is hereby understood and agreed by and between the parties hereto that the United States will not make nor be ogligated to make any payments involv- ing Parcel 4, as shown ont he property map attached hereto and identified as Exhibit "A", until the Sponsor has submitted evidence that it has acquired a fee title or such lesser property interest as may be found satisfactory to 555 September 24, 1964 the FAA in and to said Parcel 4, or any portion, thereof for which grant pay- ment is sought, subject to no liens, encumbrances, reservationsor exceptions which in the opinion of the FAA might create an undue risk of interference with the use and operation of the airport. 10. By its acceptance hereof, the Sponsor hereby covenants that to the extent it has or may have either present or future control over each area identified on the Exhibit "A" as "clear zone", and unless exceptions to or deviations from the following obligations have been granted to it in writing by the FAA, it will clear said area or areas of any existing structure or any natural growth which constitutes an obstruction to air navigation within the standards established by the Federal Aviation Agency Technical Standard Order N18; and the Sponsor further covenants that it will control the subsequent erection of structures and control natural growth to the extent necessary to prevent the creation of obstructions within said standards. 11. It is understood and agreed by and between the parties hereto that the Federal share of allowable project costs, as determined by the final audit of ttris pro-: .._:.., ject, shallb e reduced by $5,668, which sum represents the amount of Federal participation in land acquisition costs under Federal -aid Airport Project No. 9-05-016-801 at the Loveland Municipal Airport. 12. Notwithstanding the inclusion of the following item of airport development in the plans.and specifications for this project, it is hereby understood and agreed by and betweenthe parties hereto that the United States will not parti- cipate not be obligated to prticipate in the cost of said item: a.. That portion of the access road east of Station 1=10, as delineated on the plans for this project. 13. It is further understood and agreed by and between the parties hereto that the United States will not make nor be obligated to make any payment hereunder until the Sponsor has obtained an agreement acceptable to the FAA with the Union Pacific Railroad Company restricting the exercise of the mineral rights reserved by said Company in Parcels 2B and 3, ass aid parcels are delineated on Exhibit "A" attached hereto and made a pert hereof. 14. It is further understood and agreed by and between the parties hereto that the United States will not make nor be oglitated to make final payment here- under until the Sponsor has constructed without Federal -aid an adequate con- necting road between the existing County Road which parallels the north line of Sections 2 and 4, T6N „ R68W, 6th P.M., and the access road to be construc- te ted under this project. 15. By acceptance hereof, the Sponsor covenants and agrees that in the event the owners of the insubordinanted one-half mineral interest in Parcel 1 indluded in this project, attempt to exercise their mineral rights in this parcel, which would interfere with the operation or development of theairport. 16. By its acceptance hereof the Sponsor covenants and agrees that it will not erect nor permit the erection of any permanent structures within the clear zone areas, as shown on Exhibit "A" attached hereto and made a part hereof, except those required as aids to air navigation or those which may be specifi- cally approved by the FAA. 17. By its ao3aptanceof this. Grant Offer, the Sponsor covenants and agrees that in- sofar as is within its plwer and to the extent reasonable, it will take such action as may be necessary to restrict theuse of land, adjacent to or in the immediate vicinity of the airport, to activities and purposes compatible with normal airport operations including landing and take -off of aircraft. 18. The Sponsor covenants and agrees that such financial records of the project established, maintained, and made available to personnel of the FAA, in con- formity with Section 151.55 of the -Regulations of the Federal Aviation Agency (14 CFR 151), will also be made available to representatives of the Comptroller General of the United States. The Sponsor's acceptance of this Offer and ratification and adopt16nr.00f the Project Appli- cation incorporated herein shall be evidenced by execution of this instrument by the Sponsor as hereinafter provided, and said Offer and Acceptance shall comprise a Grant Agreement, as provided by the Federal Airport Act, constituting the obligations and rights of the United States and the Sponsor with respect tothe accomplishment of the Project and the operation and maintenance of the Airport. Such Grant Agreement shall become effective upon the Spon- sor s acceptence of this Offer and shall remain in full force and effect throughout the use- ful life of the facilities developed under -the Project but in any event not to exceed twenty ,years from the date of said acceptance. UNITED STATES OF AMERICA FEDERAL AVIATION AGENCY /s/ By Fred J. Weld (TITLE) Acting Chief, Airports Division Part 11-Acceptance he City of Fort Collins does hereby ratify and adopt all statements, representations, arranties, covenants, and agreements contained in the Project Application and incorporated aterials referred to in the foregoing Offer and does hereby accept said Offer and by such ccepta.nce agrees to all of the terms and conditions thereof. cutedthis ...................day of .......................... .19..... THE CITY OF FORT COLLINS, COLORADO QName of Sponsor) 53 IM (SEAL) Title Attest: Title: CERTIFICATE OF SPONSOR'S ATTORNEY September 24.i264 I, ... ....... ..... ...... acting as Attorney for ............................., (herein referred to as the "Sponsor") do hereby certify: That I have examined the foregoing Grant Agreement and the proceedings taken by said Sponsor relating thereto, and find that the acceptance thereof by said Sponsor has be duly authorized and that the execution therof is in all respects due and proper and in acc dance with the laws of the State of Colorado, and further that, in my opinion, said Grant Agreement constitubes a legal and binding obligation of the Sponsor in accordance with the terms thereof. Dated at this day of ,19 /s/ Arthur E. March Title ADOPTED this 24t1a day of September, 1964, for the City of Fort Collins, Colorado. ATTEST: /s/ Miles F. House Title: City Clerk /s/ By Harvey G. Johnson Title: Mayor CERTIFICATE OF CITY CLERK I, Miles F. House, the duly qualified and acting City Clerk for the City of Fort Collins, Colorado, do hereby certify that the foregoing Resolution was duly adopted at a (regular) (special) meeting of the City Council of the City of Fort Collins, Colorado, and that said Resolution has been compared by me with the original thereof on file in my office and is a true copy of the whole of said original. I,N WITNESS WHEREOF, I have hereunto set my hand and the Seal of the City of Fort Collins, `'olorado, this 24th day of September, 1964. By: Miles F. House Title: City Clerk Motion was made by Councilman Colwell, 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. The following report was presented and read at length: City Engineer's Office September 17, 1964 Mr. Harold D. Lynch Acting City Manager City of Fort Collins Dear Sir: In reference to the 300 Block on East Mountain Avenue, a parking survey has been made. On the South side approximately 25 parking spaces are existing, counting the use twice daily - 2.5% of these available are filled. On the North side approximately 32 spaces are existing, counting the use twice daily - 10.60 of these are used. In the center parking approximately 30 spaces are existing, counting the use twice daily - 37.5% of these are used: I would recommend that the center parking could have all day parking, and that the North and South sides be limited to 2-hour parking. Respectfully submitted, /s/ E. V. Smith Motion was made by Councilman McMillan, seconded by Councilwoman Quinn, that this recommendation be accepted. Roll was ca1L d resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Guyer and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. September 24, 1964 557 August 31, 1964 City Council of the City of Fort Collins 300 LaPorte Avenue Fort Collins, Colorado Re: Vacation of a Portion of a Street Gentlemen: On behalf of John J. Nicol and Elsie K. Nicol, I respectfully request that the following described parcel of land which is or may be dedicated as a public street be vaca- ted. Said parcel of land is described as follows: Beginning at the Northeast corner of Lot 1, Block 2, City Park Heights, according to the plat filed April 9, 1907, in the City of Fort Collins, Colorado, thence Easi 10 feet, thence South 190 feet, thence West 10 feet, thence North 190 feet to the point of beginning. The above -described parcel of land is a portion of City Park Avenue, which was originally dedicated by a plat recorded on April 9, 1907. On December 2, 1931', City Park Avenue was proportedly.vacated. This vacation was defective and failed to accomplish its intended purpose. This portion of City Park Avenue has not been used for many years. This request is submitted for the purpose of correcting a defect in the title to the above -des- cribed property. Respectfully submitted, John J. Nicol Elsie K. Nicol r John E. Kochenbu After discussion, the following ordinance was presented on first reading: ORDINANCE NO. 38, 1964 BEING AN ORDINANCE RELATING TO THE VACATION OF A PORTION OF THE STREET DESIGNATED AS CITY PARK AVENUE IN THE CITY OF FORT COLLINS, COLORADO Motion was made by Councilman Guyer, seconded by Councilwoman Quinn, that Ordi- nance No. 38, 1964, be considered favorably on first reading and ordered published this 24th day of September, 1964, and to be presented for final passage on the 15th day of October, 1964. Roll w as called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Guyer and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The matter of the beer license 'violation upon which hearing was set for this meet- ing, were presented to the Council. Attorney Arthur E. March, Jr., presented the violation against the N & R Tavern. He called Chief of Police Hollady to the stand for testimony in reference to the violation. Others which were called to testify were John Gregory, Lloyd Orr and Wayne Mathews, patrolmen. Delmar Tappero of-1324 Pitkin, who was arrested for buyini 3.2% beer when his age was 17, testified in relation to the sale. Waitresses Parker and Winston, who work at the N & R Bar, were calls to the stand and testified as to the require meet of the ID cards for those under the age of 18.1. Mr. Warren Miller, owner of the N & R bar testified as to orders given as to serving teen agers, etc. Mr. Ward Fischer, Attorney for Mr. Miller, questioned various witnesses as to what occured and closed with the request that Mr. Miller, operator of the N & R Bar for 20 years without too many violations to be both considered. The Mayor called a recess for the Council and/Attorneys to discuss the matter with them. After returning from recess, motion was re de by Councilman Guyer, seconded by Councilwoman Quinn, that the license of the N & R Bar be suspended for 5 days and the bar be opened again on October 1, 1964. Roll was called resulting as follows: Ayes: Council- men Johnson, Colwell, McMillan, Guyer and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. This being the date. of the hearing on the beer license violation on the Red Garter Tavern, Attorney Arthur March, Jr., called Chief of Police Hollady to the stand for testi- mony regarding the violation. Robert A. Snedeker, Jr., a teen ager who was sold beer at the Red Garter, was called to the stand and testified as to his being served 3.2% beer. Mr. 558 September 24, 1964 Ahlbrandt, manager of the Red Garter, was called to the stand and testified as orders which had been issued and the method of checking ID cards. Wm. Wyatt, Attorney for Mr. McCoy, owner of the Red Garter, questioned the witnesses on the violation and rested his case on the fact that there had been few violations , if any, to speak of, since Mr. McCoy had taken over the operation of the Red Garter Tavern. The Mayor called a recess and the Council and the Attorney's met for discussion. The Council returned and the meeting was called to order. The Mayor reported that the Council felt that since this was a violation and that Mr. McCoy did not refute the charges, that he should be reprimanded with a rigid warning that the next time a violation was reported, the matter would be dealt with severely, Inasmuch as the Chief of Police recommended the drastic warning with a notice of further action if further violations occured, motion was made by Councilwoman Quinn, seconded by Councilman McMillan, that the Council accept the recommendation of the Chief of Police and a reprimand be made to the owner of the tavern. Roll was called resulting as follows: Aye; 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: Gene E. Fischer September 22, 1964 Office of the City Engineer Municipal Building Fort Collins, Colorado Gentlemen: On behalf of the Rauch Motor Company, 2000 South College Avenue, Fort Collins, I would like to apply for a two-inch water tap. This watert ap is necessary since the Rauch Motor Company is doing considerable landscaping and beautification of its area, and is installing an automatic sprinkler system. They are informed thatthe sprinkler will con- serve water and will not perform to its maximum without this two-inch tap. If you have any questions, would you please contact Fir. Jack Rauch, at the Rauch Motor Company -- 4e2-3130. Yours Very truly, /s/ Gene E. r"ischer Mr. Rauch was present and presented to the Council a sketch of his proposed beau- tification of the front portion of the Lot fronting on that potion on South College Avenue. He explained the installation of the sprinkling system for 1600 squp.re feet and that he had been advised that a 2 inch tap would be necessary to give the proper pressure for sprint ling. There was some discussion among the members of the necessity of such a large tap for the system and suggested that the sprinkling system be revised to permit the use of 3/4 inch tap which can be granted without Council action. After further discussion, motion was made by Councilman Johnson, seconded by Councilwoman Quinn, that this application 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 communication was presentdd and read at length: September 23, 1964 To: The Fort Collins City Council From: The Planning and Zoning Board Subject: Task Force Committee on Parks and Recreation At a special meeting held September 22, 1964, the Planning and Zoning Board dis- cussed the need and methods- to obtain and develop park lands. The meeting of Developers and City Council, held September 19, was reviewed and comments by interested persons were h;eard. Trafton bean presented a written and verbal report on possible methods of obtaining land. He emphasized the importance of reserving la for park purposes in desirable locations while it is yet available. Chairman Ocheltree stated he had contacted individuals to serve on a Task Force Committee on Parks and Recreation, with good acceptance by them. 559 September 24, 1964 It was moved, seconded and carried by uanimous vote to recommend appointment of these Committee Members by City Council, with the purpose of making studies and submitting their recommendations for acquisition, development, maintenance and financing of Parks and Recreation. Those agreeing to serve are: Stuart Case, Mrs. Donald Wood, Les Everitt, Bill Bartran, Sr., I. K. Boltz, Larry McMillan and Lowell Allen.: Ex-officio members, to assist and assemble information, are the City Manager, Planning Consultant, City Attorney and Plan- ning Director. Respectfully submitted, Fort Collins Planning and Zoning Board /a/ By Gene M. Allen Secretary The Mayor suggested that the Council should t'ake time to study the matter of the appointment of this task force committee and possibly make other appointments than those as recommended by the Planning and Zoning Board. Motion was made by Councilman Guyer, seconded by Councilwoman Quinn, that this matter be tabled for two weeks to allow the Council further study of this matter. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Guyer and Councilwoman Quinn. Nayes: None. The President declared the tion adopted. The Acting City Manager presented a tentative budget for the year 1965 to the Council for their action. Motion was made by Councilman McMillan, seconded by Councilwoman Quinn, that the Council accept the tentative budget for study and that Thursday, October 8, 1964, be set for public hearing upon this budget. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Guyer and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. Motion was made by Councilwoman Quinn, seconded by Councilman Guyer, that the Council adjourn. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, Millan, Guyer and Councilwoman Quinn. Nayes adopted and the Council adjourned. ST: y Uier None. The President declared the motion