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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