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HomeMy WebLinkAboutMINUTES-01/23/1964-Regular265 Ja.nuary Z3,,�19-64 MINUTES OF A REGULAR MEETING OF THE COUNCIL OF THE CITY OF FORT COLLINS, Held Thursday, January 23, 1964, at 1:30 o'clock P.M. Present: Councilmen Johnson, Colwell, McMillan, Honstein and Councilwoman Quinn. City Manager Boos, City Attorney March and City Engineer Weiss. Motion was made by Councilwoman Quinn, seconded by Councilman Honstein, that the reading of the minutes of the last regular meeting held January 16, 1964, be dispensed with. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Honstein and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. \` The Mayor opened the discussion on the application of L. Wesley Briggs to the State of Colorado on his 3.2% beer license to any persons present in the audience. Mr. B. K. Linder of 129 North College Avenue appeared as spokesman for various businesses in the neighborhood of the Chef Cafe. He presented the following petition which contained 50 signatures of persons in the neighborhood: The undersigned,doing business in the neighborhood of the Chef Cafe, 189 N. College, are opposed to the renewal of the existing beer license or to t he granting of a new license to the Chef Cafe, 189 N. College, for -,the reasons among others, that the needs of the neighbor- hood and the city are well provided for by the existing establishments dispensing beer, and we believe granting of the license requested will adversely affect our property values and business interests. Mrs.L. Wesley Briggs spoke for the issuance, stating that they had leased the Chef Cafe to Mrs. Blanche Jackson on a managerial basis, as stated in the letter of the Chief of Police presented last week. She spoke in reference to the fact that the Chef Cafe had not had any trouble with the City ministration overt he license as issued pre- vously and requested the Council to act favorably on the application. Mrs. Blanche Jackson, the lessee and manager of the cafe spoke briefly as to her previous operationsin the restaurant business in which she had handled beer as part of said business. She stated that she had many references in the business she operated previous for 23 years and stated that all these letters were available to the Council if they so wished. She stated that the object of placing some of the tables in the basement was to increase the space to serve the public as the size of the first floor was to small an area to serve the general public. Several of the Council questioned Mrs. Jackson and Mrs. Briggs about the operation of the Cafe, and after further discussion, motion was made by Councilman Honstein, seconded by Councilman Colwell, that the application be approved, before roll call on this question, Councilman McMillan offered an amendment to table the application to February 6, 1964. This was seconded by Mayor Johnson, the question to be voted on was the question to table, and IIroll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Honstein and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The following ordinance was presented and read on first reading: ORDINANCE NO. 1, 1964 ACCEPTING AND APPROVING THE PLAT OF WHAT IS KNOWN AS THE ALVIN L. MILLER FIRST FOOTHILLS ANNEXATION TO THE CITY OF FORT COLLINS AND TO BE INCLUDED WITHIN THE LIMITS AND JURISDICTIOn THEREOF, PURSUANT TO THE ATXTHORITY CONTAINED IN ARTICLE 11, CHAPTER 139, COLORADO REVISED STATUTES, 1953• Motion was made by Councilman McMillan, seconded by Councilwoman Quinn, that Ordi= nance No. 1, 1964, be considered favorably on first reading and ordered published this 23rd day of January, A. D. 1964, and to be presented for final passage on the 13th day of Feb- ruary, A. D. 1964. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Honstein and Councilwoman Quinn. Nayes: None. The President declared the moti adopted. This being the date of the hearing on the Riverside Avenue Annexation, the City Clerk advised the Council that•no written counter petition had been filed. The following Ordinance was presented on first reading: 266 January 23,�1 64 ORDINANCE NO. 2, 1964 ACCEPTING AND APPROVING THE PLAT OF WHAT IS KNOWN AS THE RIVERSIDE AVENUE 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• Ah Motion was made by Councilman Colwell, seconded by Councilman Johnson, that Ordi- nance No. 2, 1964, be considered favorably on first reading and ordered published this 23rd day of January, A. D. 1964, and to be presented for final passage on the 13th day of Feb- ruary, A. D. 1964. Roll was dalled 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 Delta Eta House Association Annexation, counter the City Clerk advised the Council that no written/petition had been filed. The following ordinance was presented on first reading. . ORDINANCE NO. 3, 1964 ACCEPTING AND APPROVING THE PLAT OF WHAT IS KNOWN AS DELTA ETA HOUSE ASSOCIATION ANNEXA- TION 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 McMillan, seconded by Councilwoman Quinn, that Ordinance No. 3, 1964, be considered favoraby on first reading and ordered published this 23rd day of January, A. D. 1964, and to be presented for final passage on the 13th day of February, A. D. 1964. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Honstein and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. Thirs being the date of the hearing on the East Acres First Annexation, the City Clerk advised the Council that no written counter petition had been filed. The following ordinance was presented on first reading: ORDINANCE NO. 4, 1964 ACCEPTING AND APPROVING THE PLAT OF WHAT IS KNOWN AS THE EAST ACRES FIRST ANNEXATION TO THE CITY OF FORT COLLINS AND TO BE INCLUDED WITHIN THE LIMITS X D JURISDICTION THEREOF, PURSUANT TO THE AUTHORITY CONTAINED.IN ARTICLE 11, CHAPTER 139, COLORADO REVISED STATUTES, 1953. Motion was made by Councilman Johnson, seconded by Councilman 6olwell, that Ordinance No. 4, 1964, be considered favorably on first reading and ordered published this 23rd dray of January, A. D. 1964, and to be presented for final passage on the 13th day of February, A. D. 1964. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Honstein and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The following petition was presented and read at length: TO THE MAYOR AND CITY COUNCILMEN OF THE CITY OF FORT COLLINS, COLORADO: THE UNDERSIGNED, owner of.all the land abutting a street known as Spring Park `Drive herewith respectfully petitions that said street be vacated; AS GROUNDS FOR THIS PETITION; tht undersigned shows that said street has never been opened to the public; THAT no public funds have been expended thereon; THAT no public utilities are in the area of said street; THAT for the proper development of the lands of the undersigned, the said street is a serious obstacle; THAT the undersigned witll dedicate an area for street purposes in a more advan- tageous location, all in accordance with the preliminary plat. ST VRAIN DEVELOPMENT COMPANY /s/ Gene E. Fischer their Attorney 267 January 23:,_1:9.64 Mr. K. Bill Tiley requested that Remington Street be opened up from Stuart through to Dartmouth in conjunction with this vacation and development to be carded on by the St. Vrain Company. Motion was made by Councilman Johnson, seconded by Cc uncil- woman Quinn, that this petition be referred to the Planning and Zoning Board for their recommendation. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Honstein and Councilwoman Quinn motion adopted. Nayes: None. The President declared the The City Attorney reported that an agreement had been prepared with the West Fort Collins Water District to furnish water to said district and recommended that this agreement be referred to the Water Board for their recommendation. Motion was made by Councilwoman Quinn, seconded by Councilman Colwell, that the recommendation of the City Attorney be approved and the agreement be referred to the Water Board for their next meet- ing. Roll was called resulting as follows: Ayes: Councilman Johnson, Colwell, McMillan, Honstein and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The City Attorney advised the Council that the City Manager had requested that a new agreement be made with the Poudre Valley Fire Protective District in reference to the use of the City firemen and the manning of their equipment for fires in said district. Aft discussion, motion was made by Councilman Johnson, seconded by Councilwoman Qui.nn,.that the City Attorney and City Manager meet with the district directors and discuss with them the terms of the proposed agreement and report back to the City Council. Roll was called re- sulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Honstein and Council- woman Quinn. Nayes: None. The President declared the motion adopted. The City Attorney presented a temporary use agreement and resolution approving the the application of the City for / temporary use of 100 acre feet of water which was offered,. to the City by Mr. Wiley Kennedy./ Motion was made by Councilman McMillan, seconded by Councilwoman Quinn, that the 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. RESOLUTION OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING THE APPLICATION BY THE CITY OF FORT COLLINS FOR THE TEMPORARY USE OF 100 ACRE FEET OF WATER OF THE NORTHERN COLORADO WATER CON- SERVANCY DISTRICT .WHEREAS, the City of Fort Collins has acquired 100 acre foot units of water of the Northern Colorado Water Conservancy District, and WHEREAS, the Board of Directors of the Northern Colorado Water Coonservancy Dis- trict require that the City of Fort Collins enter into a temporary use permit agreement with said district for the transfer of said water, and WHEREAS, the Northern Colorado Water Conservancy District has submitted an approp- riate form of temporary use permit agreements to be entered into by the City of Fort Collins. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the Mayor and City Clerk be and they hereby are authorized and directed to apply for the temporary use of said 100 acre feet of water by entering into a temporary use permit agree- ment with the Northern Colorado Water Conservancy District. Passed and adopted at a regular meeting of the City Council held this 23rd day of January, A. D. 1964. Harvev G ATTEST: Isl Miles F. City .lerk The following commumication was presented and read at length: January 22, 1964 268 January 23_, 1964 The undersigned hereby offer to sell to the City of Fort Collins 50 shares of the capital stock of the North Poudre Irrigation Company at $300.00 per share, for a total selling price of $15,000.00. This offer is open for five (5) days from the date hereof, payment of the full purchase price to be made upon delivery of the share certificated in cash. Sincerely yours, /s/ Irvin Schlehuber Margaret M. Jchlehuber Motion was made by Councilman Colwell, seconded by Councilman Johnson, that the I purchase of the 50 shares of the North Poudre Irrigation Company be approved. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Honstein and IiCouncilwoman Quinn. Nayes: None. The President declared the motion adopted. Motion was made by Councilwoman Quinn, seconded by Councilman McMillan, that the City Attorney be authorized to complete the purchase of said water stock. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Honstein and Council- woman Quinn. Nayes: None. The President declared the motion adopted. The City Attorney reported that h'a had an offer from Roscoe and Evalyn Anderson for 3/10ths share of Pleasant Valley and Lake Canal stock which they were willing to sell at this time, at the price of $2,400.00 per sure. Motion was made by Councilman McMillan, seconded by Councilman Johnson, that the City accept the offer of Roscoe and Evalyn Hndersot for Pleasant Va7Ley and Lake Canal stock and that they be protected for water offered in future annexation over the property of which this water is used. Roll was called result- ing as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Honstein and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. chair. Mayor Johnson, was called from the meeting and Assistant Mayor McMillan took the The following ordinance was presented and read on first reading: ORDINANCE NO. 5, 1964 BEING AN ORDINANCE RELATING TO THE VACATION OF A PORTION OF THE STREET AT THE INTERSECTION OF LEMAY AVENUE AND PROSPECT STREET Motion was made by Councilman Colwell, seconded by Councilwoman Quinn, that Ordi- nance No. 5, 1964, be considered favorably on first reading and ordered published this 23rd day of January, A. D. 1964, and to be presented for final passage on the 13th day of Feb- ruary, A. D. 1964. Roll was called resulting as follows: Ayes: Councilmen Colwell;, McMillan, Honstein and Councilwoman Quinn. Absent: Councilman Johnson, excused. Nayes: None. The President declared the motion adopted. Toe following communication was presented and read at length: January 21, 1964 Mayor and City Councilmen City Hall Fort Collins, Colorado Gentlemen: Recently you requested the undersigned to consider and report to the City Council concerning a letter from the Poudre Valley Hospital District in which the City of Fort Collins was requested to assume in some manner financial responsibility for emergency and hospital care given to patients who are delivered to the hospital by officials of the City. In analyzing the statements which have been submitted to the City by the Poudre Valley Hospital District and considering the situations which might arise, the following are the different categories of patients who might be delivered tothe Poudre Valley Memori Hospital: 1. Persons% who are injured at the time an arrest is being made or while in the custody of the police through some act on the part of one of the officers of the City. it 2. Persons who have been injured or are ill at the time that the investigation being made by an officer and need for immediate care is apparent and the person is deliver- ed to the hospital. These cases are usually an act of mercy and the officer doing the in- vestigation Is doing his duty as an officer of the City of Fort Collins. II I 269 Ja.nuary 2-3;,=.196.4 3. Persons who are injured or ill at the time thay are apprehended or picked up by a police officer, such as having been involved in an automobile accident, disturbance, burglary, or like offenses. (a) The party delivered to the hospital may clearly be a victim of the inci- dent but needs immediate care and there is no intention of making an arrest. (b) The person delivered to the -hospital is the apparent offender and charges either have been or will after his apprehension be filed against him. 4. Injury or illness while in the custody of the police but arising through no fault or act of a police officer. 5. Illness or injury occurring to a person after apprehension and while being held for or upon request of another law enforcement agency such as the Sheriff's office. . In consideration of this matter, it must be borne in mind that the individual himself is probably primarily liable for the expense of hospitalization but it will probably be impossible for the hospital to collect because of his financial situation. It should also be borne in mind that the Poudre Valley Hospital District is a governmentals ubdivi- sion, the same as the City. of Fort Collins, and has the authority and power to levy taxes for the purpose for which it was formed. The tax base of the District.is largely that of property within the City limits of the City of Fort Collins and its mill levy will, and doe: affect the residents of the City of Fort Collins. If there is a duty on the part of the City of Fort Collins to take care of indigent persons within he categories 2 to 5 above, there is an even larger duty on the part of the Poudre Valley Hospital District to ass me and'take care of the hospital needs of such indigents since the District was formed for the one specific purpose of hospitalization. There is a dearth of legal authority on the various points involved in the several situations above stated, particularly in the State of Colorado. Fort his reason, the deci- sion that must be made by the City Council is largely one of policy.- unless the District is able to provice on its own behalf legal authority for the position that it is taking. It is the considered opinion of the undersigned and it is our recommendation that the &ity should be responsible for and. make payment for expenses incurred in connection with the hospitalization and care of individuals in category 1 above. It is our further considered opinion and recommendation thatt here should be no responsibility on the City of Fort Col- lins for anyone within any of the other categories and payment for bills received from the Poudre Valley Hospital District should be refused. Respectfully submitted, /s/ R. F. Boos City Manager /s/ Arthur E. March City Attorney Motion was made by Councilman Honstein, seconded by Councilwoman Quinn, that the report of the City Manager and City Attorney be approved and the City Manager be instructed to present a copy of said report to the Poudre Valley Hospital Board. Roll was called re- sulting as follows: Ayes: Councilmen Colwell, McMillan, Honstein and Councilwoman Quinn. Absent: Councilman Johnson, excused. Nayes: None. The President declared the motion adopted. Mr. Patterson of the Engineering firm of the reservoir, reported on the progress of the work on the reservoir to the present time. The City Attorney presented the following communication: Fort Collins, Colorado January 22, 1964 ` City Council Fort Collins, Colorado Gentlemen: The undersigned, William N. Rose, a co -Partner with Fred R. Hulsebus, doing bus- iness as South Frontier Service Station, was billed by the City Clerk in December of 1962 for the 1963 gas pump tax in the amount of t60.00, when in fact the service station only had two gas pumps and should have been charged $20.00. In December of 1963 the ordinance was changed to impose a tax of $10.00 per dis- penser instead of per pump, and the undersigned paid $60.00 fort he 1964 tax under protest; and now respectfully petitions the City Council for a refund of $40.00 forthe overpayment of the 1963 tax under the old ordinance. Respectfully, /s/ William N. Rose Motion was made by Councilman McMillan, seconded by Councilman Colwell, that the matter be referred tot he City Attorney. Roll was called resulting as follows: Ayes: Councilmen Colwell, McMillan, Honstein and Councilwoman Quinn. ;Absent: Councilman Johnson, excused. Nayes: None. The President declared the motion adopted. 270 January 23, 1964 Assistant Mayor McMillan read the following statement: On behalf of the City Council of the City of Fort Collins, I cannot too strongly urge the voters of the City of Fort Collins to return a favorable vote on Tuesday, January 28, restoring to the City Council the power to issue bonds to finance water wotk improvemen in the City. This power is given to City Councils by the Stgte Constitution and was exer- cised wisely and to the economic benefit of Fort Collins by the City Council until the adoption of the last Charter in 1954• In few, if any, of the other major cities in the Sta of Colorado is this power taken from the City Council. In Fort Collins, the City Council h the power on its own volition to issue bonds for other utilities. The importance of being able to make improvements to the municipal water system when needed rather than to be required to wait for a vote of the tax paying electors at -two-year intervals when the regu- lar municipal election is held, cannot be overemphasized. It was.only after a through study of the situation and careful consideration of the matters involved that the City Council upon the advice of both the City Attorney and the Bonding Attorneys submitted the issue to the voters of the City of Fort Collins. The benefits of change in the Charter have been clearly explained to the voters both in the newspaper and over the radio. It is important tot he future of the City of Fort Collins that each voter carefully analyze this important issue and on next Tuesday, go to the polls and vote. The above statement had been prepared -by Mayor Johnson. Motion was made by Councilwoman Quinn, seconded by Councilman Honstein, that the Council adjourn. Roll was called resulting as follows: Ayes: Councilmen Colwell, McMilla Honstein, Councilwoman Quinn. Absent: Councilman Johnson, excused. Nayes: None. The President declared the motion adopted, and the Council adAb urned. /7 n n yor ATTEST: v