HomeMy WebLinkAboutMINUTES-12/26/1963-Regular253
MINUTES OF A REGULAR MEETING OF THE COUNCIL OF THE CITY OF FORT COLLINS, Held
Thursday, December 26, 1963, at 1:30 o'clock P.M.
Present: Councilmen Johnson, Colwell, McMillan, Honstein and Counci-lwoman Quinn.
City Manager Boos, City Attorney March and City Engineer Weiss.
Motion was made by Councilman.Colwell, seconded by Councilwoman Quinn, that the
reading of the minutes of the last regular meeting held December 19, 1963, be dispensed
w°th. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan,
Honstein and Councilwoman Quinn. Nayes: None. The President declared the motion adopted.
This being the date of the hearing on the application of Joseph Gutierrez and
Mary Gonzales dba La Sierra Cafe, 162 Linden Street, to the State of Colorado, for a retail
fermented malt beverage license (3.2%) . The City application was also presented. The
Mayor asked if there were anyone present who wished to speak pro or con on this application
Mr. W. H. Allen, representing persons who objected to the issuance of this license, pre-
sented two counter petitions. These petitions were signed by citizens in the vicinity of
this restaurant and also some not in the immediate vicinity. The petitions were accepted
in relation to the hearing. Mr. Harold Greager, Attorney for Mr. Guiterrez, advised the
Council that this application was not for a tavern license but merely a license to sell
3.2% beer with the meals served when requested. He presented a petition supporting the
application. The following report of the Chief of Police was presented and read at length:
November 21, 1963
To: Mr. R. Boos
From: R. Folladv
Subject: 3.2 Beer License Application of Joseph Gutierrez and Mary Gonzales
Sir:
At 7:00 P.M. on November 17, 1963, this officer met with Mr. Joseph Gutierrez
regarding his and Mary Gonzalez's application to the council of this city for a 3.2 beer
license for the La Sierra Cafe at 162 Linden.
Mr. Gutierrez was informed that this department would make an investigation into
the facts presented in his application. In addition, fingerprints were taken from him that
evening and from his mother-in-law, Mary Gonzales, on the following day. Both have been
submitted to the F.B.I. for a criminal check.
The followine; references were contacted by this Department:
1. Donald Lucero, 2822 W. Lake, Fort Collins, teacher, Lincoln Junior High Schoo:
2. William Lopez, 229 N. Sherwood, Fort Collins, teacher, Fort Collins High
School.
3. Harold Greager, 1100 Mulberry, Fort Collins, Attorney.
4. Frances Martinez, N. of Fort Collins, friend and employee of Murray's
Appliance, Fort Collins.
Every reference unequivocable had nothing but praise for both applicants pers*�nal
demeanor. Both have exhibited an ability to integrate well with the community and are a
credit to the city. The references all remarked, both are persons of integrity and personal
honesty.
As far as this Department can determine neither applicant has ever been i.n dif-
ficulty of any nature in this city. Our records show that they have never had contact
with this department of a negative nature.
Mr. Gutierrez stated that he had top secret clearance while in the United States
Army from 1956 to 1958. The national record clerk should reflect the clearance.
Additionally, this officer has questioned several officers in he Department about
the applicants and all comments were favorable. The Larimer County Sheriff's Office has no
record of either.
While the personal background of each applicant appears to be impeccable, this
officer would like to point out that if this license is approved by the council there will
be seven such outlets wi.thin a radius of two blocks. However, Mr. Gutierrez and Mrs. Gon-
zales do not intend to have dancing or entertainment on the premises. They feel that the
sale of malt beer will improve their restaurant business.
In summary, it is this officer's opinion that both applicants are responsible
people and are an asset to the community.
Respectfully submitted,
Isl R. E. Hollady
Chief of Police
254
Sec<eral of the ouncilmen voiced their views on the matter and Councilman
McMillan suggested that the matter be studied for one week before action is taken. Motion
was made by Councilman McMillan, seconded by Councilman Colwell, that the matter be tabled
for one week for study. Roil was called resulting as follows: Ayes: Councilmen Johnson,
Colwell, McMillan, Honstein 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 ERECTION OF A STOP LIGHT IN AC.^,OR
ANCE WITH THE PROVISIONS OF THE TRAFFIC CODE AS RECOMMENDED BY THE TRAFFIC ENGINEER
WHEREAS, the Traffic Code of the City of Fort Collins provides that the Traffic
Engineer may adopt regulations affecting the Traffic Code, which shall be effective after
adequate signs are posted and after approval of the City Council, and
WHEREAS, the Traffic Engineer has recommended that a traffic light be installe d a
the intersection of Pitkin Street and Center Avenue, and at the intersection of University
Avenue and Center Avenue, and it is the opinion of the City Council that such recommendatio
should be accepted and traffic lights so installed.
NOW, THEREFORE, BE IT RESOLVED BY 'THE COUNCIL OF THE CITY OF FORT COLLINS that
the recommendation presented by the Traffic Engineer be and the.same hereby is adopted and
approved.
Passed and adopted at a regular meeting of the City Council held this 26th day of
December, A. D. 1963.
/s/ Harvey G. Johnson
Mayor
ATTEST:
/s/ Miles F. House
City Clerk
Motion was made by Councilman McMillan, seconded by Councilwoman Quinn, that this
resolution be adopted. Roll was called resulting as follows: Ayes:. Councilmen Johnson,
Colwell, McMillan, Honstein and Councilwoman Quinn. Nayes: None. The President declared
the motion adopted.
The City Attorney presented the following resolution:
RESOLUTION
OF THE COUNCIL OF THE CITY OF FORT CO LLINS APPROVING THE TERMS OF A MEMORANDUM OF' AGREE-
MENT TO BE ENTERED INTO BETWEEN THE CITY OF FORT COLLINS AND JACK R. HAHN AND DONA L. HAHN
PROVIDING FOR THE PURCHASE OF ONE SHARE OF THE CAPITAL STOCK OF THE ARTHUR IRRIGATION
COMPANY AND FURTHER PROVIDING FOR A RIGHT OF FIRST REFUSAL IN THE CITY FOR THREE ADDITIONAL
SHARES OF SAID CAPITAL STOCK
WHEREAS, Jack R. Hahn and Dona L. Hahn have petitioned the City of Fort Collins
for annexation of certain property owned by them lying in the NE4 of §Section 24, Township 7
North, Range 69 West of the 6th P.M., and
WHEREAS, the City Council has required as a contingent to such annexation that
said petitioners sell to the City the water rights used on said property, and
WHEREAS, said petitioners have agreed to sell one share of the capital stock of
the Arthur Irrigation Company to the City for Eighty Dollars ($80.00) and have further agre
to give -the City a right of first refusal on three additional shares of said capital stock
used on lands not now a part of the City or being now annexed to the City, and
agreement
WHEREAS, an/has been prepared by the City Attorney providing for such purchase an
right of refusal and nroviding further for renting back said shares to said petitioners for
a ten (10) year period, and
WHEREAS, said 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 the same hereby are approved.
BE IT FURTHER RESOLVED that the Mayor and City Clerk be and they hereby are auth-
orized to execute said agreement for and on behalf of the City of Fort Collins.
Passed and adopted at a regular meeting of the City Council held this 26t1a day of
December, A. D. 1963.
G. Johnson
yor
ATTEST
/s/ Miles F. House
City Clerk
255
December 26, 1963
Motion was made by Councilman. McMillan, seconded by Councilman Honstein, that
this resolution be adopted. Roll was called resulting as follows: Ayes: Councilmen
Johnson, Colwell., McMillan, Honstein and Councilwoman Quinn. Nayes: None. The President
declared the motion adopted.
The City Attorney reported that he had received some objections to the appearance
of the substation on West Elizabeth Street by some of the residents in that area. It was
explained that the substation is not completed and that certain refinements will be incor-
porated when completed. Mr. Allen Richardson, one of the property owners on West Elizabeth
Street was objecting to the crossing a portion of his property by the power lines from this
substation without due compensation. The City Attorney advised the Council that the Light
and Power Department should obtain a right-of-way for these utility .lines if they were
going to cross private property.
The following report was presented and readatlength:
City Engineer's Office
December 24, 1963
Mr. Robert F. Boos, City Manager
City of Fort Collins, Colorado
Dear Sir:
The City of Fort Collins received a notification from the Sunset Water District
on July 17, 1963, that they wished to cancel their contract with the City for furnishing
treated water to them.
The 6 inch tap located on our 27 inch concrete line at LaPorte Avenue and Sunset
Street was disconnected from Sunsets system at 1:00 P.M. December 23, 1963. The 6 inch
valve has been closed and the line has been plugged.
Yours very truly,
G. J. Weiss,
City Engineer.
The following communication was presented and read at length:
Fort Collins, Colorado
December 26, 1963
Mr. G. J. Weiss,
City Engineer.
Dear Sir:
I would like to make application for one 12 inch water tap for the R. E. A. buil
-ing at 220 East Olive Street.
Yours truly,
Wolf, Incorporated,
27 North Parish,
Johnstown, Colorado
/s/ H. W. Crouse
Motion was made by Councilwoman Quinn, seconded by Councilman McMillan, that the
application for the tap, as requested, be approved. Roll was called resulting as follows:
Ayes: Councilmen Johnson, Colwell, McMillan, Honstein and Councilwoman -Quinn. Nayes: No
The President declared the motion adopted.
The following petition was presented and read at length:
PETITION AND APPLICATION
FOR ANNEXATION
STATE OF COLORADO)
COUNTY OF LARIMER) ss.
CITY COUNCIL OF THE CITY OF FORT COLLINS
FORT COLLINS, COLORADO
GENTLEMEN:
WHEREAS, We the undersigned are the owners of more than 50j' of the area and com-
prise the majority of land owners residing in the area which is described as situate in the
County of Larimer, State of Colorado, to -wit:
256
A tract of land situate in the NW.1 of Section 25, Township 7 North, Range 69 West
of the 6th P.M., County of Larimer, State of Colorado, which considering the Nort
line of said NW, as bearing N. 89045' E. and with all bearings contained herein
relative thereto, is contained within the boundary lines which begin at a point
which.bears N. 89045' E. 300.00 feet from the NW corner of said NWr and run thenc
S. 00000145" E. 190.00 feet; thence S. 89045' W. 300.00 feet to a point on the
West line of said NWh; thence S. 00°00145" E. 150.00 feet along said West line;
thence N. 89045' E. 329.93 feet; thence North 340.00 feet to a point on the North
line of said NW1; thence S. 89°45' W. 30.00 feet to the point of beginning;
containing 1.2669 acres, more or less.
AND WHEREAS, said lands are contiguous with the 0ity Limits'of the City of Fort
Collins, Colorado, andmore than one -sixth of the aggregate external boundries of said lands
coincide with the existing boundaries of the City of Fort Collins, and
WHEREAS, a plat of said lands has been prepared in accordance with the provisions
of the Colorado State Statutes and the Ordinances of the City of Fort Collins, 4 copies of
which plat is herewith submitted.
NOW, THEREFORE, it is respectfully petitioned that said plat comprising the above
described lands, be accepted and approved, that the territory embraced therein, to be known
as the Thunderbird Estates Fifth Annexation to the City of Fort Collins, Colorado be in-
cluded within the limits and jurisdiction of the City of Fort Collins, Colorado, and fur-
ther that said lands be included in the "D" Commercial zone under the zoning ordinance of
the City of Fort Collins.
Dated at Fort Collins, Colorado, this 26th day of December, 1963, A. D.
Respectfullys ubmitted:
STATE OF COLORADO)
) ss.
COUNTY OF LARIMER)
THUNDERBIRD ESTATES, INC.
/s/ By K. Bill Tiley
Vice President
ATTEST:
/s/ William H. Allen
Secretary
The .foregoing instrument was acknowledged before me this 26th day of December -
By K. Bill Tiley as Vice President, and William H. Allen as Secretary of Thunderbird
Estates, Inc.
for the purposes therein set forth.
My commission expires August 5, 1967.
/s/ Barbara Herron
Notary Public
Motion was made by Councilman McMillan, seconded by Councilwoman Quinn, that this
petition be referred, with the plat, to the Planning and Zoning Board for their recommenda-
tion. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan,
Honstein and. Councilwoman Quinn. Naves: None. The President declared the motion adopted.
The City Manager advised the Council that Morris Teal had offered the City one
share of Arthur Irrigation Company water for 40.00 per share. Motion was made by Council-
man Johnson, seconded by Councilwoman Quinn, that the offer of Mr. Teal be accepted. The
stock certificate was referred to the City Attorney to get the necessary signatures for
f transfer of this stock. Roll was called resulting as follows: Ayes: Councilmen Johnson,
Colwell, McMillan, Honstein and Councilwoman Quinn. Nayes: .None. The President declared
the motion adopted.
A proclamation by the Mayor in reference to the March of Dimes Campaign in which
he proclamed the month of January,the March of Dimes was read for the benefit of the Council
Motion was made by Councilman Honstein, seconded by Councilwoman Quinn, that the
Council adjourn. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell
McMillan, Honstein and Councilwoman Quinn. Nayes
adopted and the Council adjourned.
None. The President declared the moti