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HomeMy WebLinkAboutMINUTES-07/02/1965-Adjournedu 804 MINUTES OF AN ADJOURNED MEETING OF THE COUNCIL OF THE CITY OF FORT COLLINS, Held Friday, July 2, 1965, at 1:30 occlock P.M. Present : Councilmen Johnson, Carson, McMillan, Bennett and Councilwoman Quinn. Interim City Manager Stanley R. Case, City Attorney March and City Engineer Fischer. Motion was made by Councilwoman Quinn, seconded by Councilman Bennett, that the reading of the minutes of the last regular meeting held June 24, 1965, be dispensed with. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett land Councilwoman Quinn. Nayes: None. The President declared the motion a dopted. The Mayor requested that all present stand for a moment of prayer in respect to Fire Chief Clifford Carpenter. The following resolution was presented and read at length: RESOLUTION OF THE COUNCIL OF THE CITY OF FORT COLL,INS COMMENDING CLIFFORD CARPENTER FOR HIS SERVICES �TO THE CITY OF FORT COLLINS WHEREAS, Clifford Carpenter served the City of Fort Collins as a member of the Fort Collins Fire Department, his initial service having commenced on October 15, 1946, and WHEREAS, on August 1, 1952, he was appointed as Chief of the Fort Collins Fire Department and served continuously from said date as Chief of the Department until his death on June 29, 1965, and WHEREAS, Chief Carpenter was killed in the performance of his duties while fight- ing a fire in the downtown area of the City of Fort Collins, and WHEREAS, during the entire time of his service to the City of Fort Collins, and particularly during the time of his service as Chief of the Fort Collins Fire Department, the said Clifford Carpenter performed invaluable services to the City of Fort Collins, and WHEREAS, Chief Carpenter was recognized throughout the Rocky Mountain area as an outstanding professional fire administrator, and WHEREAS, the Council of the City of Fort Collins desires to officially recognize the outstanding services and contributions of Clifford Carpenter as a member of the Fire Department of the City of Fort Collins and as Chief of said Department. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the City Council recognizes and commends the invaluable services of Clifford Carpenter as a menber of the Fort Collins Fire Department and particularly as Chief of Said Department from August 1, 1952, until his death on June 29, 1965, and further recognizes and commends his outstanding leadership and dedication to his chosen profession and his loyal service to the City of Fort Collins for so many years; and BE IT FURTHER RESOLVED that this commendation be spread upon the minutes of the City of Fort Collins and that a certified copy hereof be delivered to the widow of Clifford Carpenter. Passed and adopted at an adjourned meeting of the Council held this 2nd day of July, A..D. 1965. s/ Harvey G. Johnson avor ATTEST: /s/ Miles F. House City Clerk Motion was made by Councilman Carson, seconded by Councilwoman Quinn, that this resolution be adopted. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Councilwoman Quinn. Nayes: None. The President declared the ion adopted. The following resolution was presented and read at length: RESOLUTION OF THE COUNCIL OF THE CITY OF FORT COLLINS COMMENDING BYRON ALBERT FOR HIS SERVICES TO THE CITY OF FORT COLLINS AS CHAIRMAN OF THE ZONING BOARD OF APPEALS OF THE CITY OF FORT COLLINS WHEREAS, Byron Albert was anpointed a member of the Zoning Board of Appeals of the City of Fort Collins on June 14, 1925, and from the date of hs appointment served con- tinuously as Chairman of said Board until his resignation on June 24, 1965. WHEREAS, the said Byron Albert during the period of his service on said Board gave unstintedly of his time, efforts andabilities toward the accomplishment of the object- ives of said Board, and 305 WHEREAS, it has become necessary for the said Byron Albert to resign as Chairman of the Zoning Board of Appeals of the City of Fort Oollins, and WHEREAS, it is the opinion of the members of the City Council of the City of Fort Collins that official recognition should be made of the invaluable contribution made by Byron Albert to the civic life of the City of Fort Collins through his valuable services as Chairman of the Zoning Board of Appeals. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Byron Albert be and he hereby is commended for his valuable contribution to t he City of Fort Collins and for the time, energies and abilities that he has contributed for so many years as the Chairman of the Zoning Board of Appeals of the City of Fort Collins; and BE IT FURTHER RESOLVED that this commendation be spread upon the minutes of the City of Fort Collins and that a certified copy hereof be delivered to the said Byron Albert Passed and adopted at an adjourned meeting of the Council held this 2nd day of July, A. D. 1965. ATTEST: es F. House erk Motion was made by Councilman Carson, seconded by Councilman McMillan, that this resolution be adopted. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Councilwoman Quinn. Nayes: None. The President declared t motion a dopted. The following resolution was presented and read at length: RESOLUTION OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING A PETITION FOR THE ANNEXATION OF THE PIERCE ANNEXATION TO THE CITY OF FORT COLLINS; SETTING THE DATE FOR HEARING ON AN ORDINANCE APPROVING THE ANNEXATION THEREOF; AND GIVING NOTICE THEREOF WHEREAS, heretofore on the 24th day of June, A. D. 1965, a written petition was presented to the Council of the Cit of Fort Collins in substantial compliance with the pro- visions of Colorado Revised Statutes, 1953, 139-11-3, by the owners of more than fifty per.. cent (50%) of the area and who comprise the majority of landowners residing in the area of the following described land, situate in the County of Larimer, State of Colorado, to -wit: WHEREAS, sa d owners have requested that the above described lands be admitted to the City of Fort Collins and be included within the limits and jurisdiction thereof as a "D" Commercial District, and WHEREAS, the Council of the City of Fort Collins has found that the petition and the documents thereto attached meet the requirements of Section 139-1103, Colorado Revised Statutes, 1953• NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS, that the aforesaid petition be and the same is hereby accepted and that August 12, 1965, be and the same is hereby designated as the date for the hearing on an ordinance approving the an ation of the above described territory and including the same within the limits and juris- diction of the City of Fort Collins, and be included as a part of "D" Commercial District; BE IT FURTHER RESOLVED that the City Clerk be and he is hereby ordered to publish notice of said petition and the date set for hearing on the ordinance approving the annexa- tion in the Fort Collins Coloradoan, the official newspaper of the City, in the issues of such newspaper published July 6, 13, 20 and 27, 1965, and that such notice be in words and figures as follows: PNOTICE OF PUBLIC HEARING TO W OM IT MAY CONCERN: Notice is herewith given that a petition was presented on June 24, 1965, to the Council of the City of Fort Collins requestingthatfollowing descyibed land, situate in the County of Larimer, State of Colorado, o Beginning at the NE corner of Section 101 Township 7 North, Range 69 W st of the 6th P.M., thence W. 1331.5 feet, thence S. 0'301 E, 1000 feet to the point of beginning, thence S. 89055t15" W. 340 feet, thence S. 0°30� E.1327.63 feet, thence N. 89°55i15" E. 340 feet to the SE corner of the NWT of the NET' of the Section 10, Township 7 North, Range 69 West of the 6th P.M., thence N. 0030t E. 327.63 feet to the point of beginning; containing 22 acrds, more or less; rt of the City of Fort Collins and be included within the limits be annexed and made a pan Commercial District. That said petition was signed by and jurisdiction thereof as a per cent (50%) of the area and who comprise the majority of the owners of more than fifty p That said petition was accepted by the Counci landowners residing in the area o£ said and that hearing on an ordinance approving said Of the City of Fort Collins on Julyin the annexation will be held in the council PCMhambber9 r8gularOmeeting ity lofnthe eCounciCity fLftoobe held rt ins Colorado et the hour, of 1:30 o clock the 12th�day of August, A. D. 1965• 306 July 2. 1965 That the landowners of the area proposed to be annexed may express their opposi- tion to the annexation and secure an election by complying with the provisions of Colorado Revised Statutes, 1953, 139-114. Dated at Fort Collins, Colorado, this 1st day of July, A. D. 1965. ,Is/ Harvey G. Johnson Mayor ATTEST: s/ Miles F. House Motion was made by Councilman McMillan, seconded by Councilman Kennett, that this resolution be adopted. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The following resolution was presented and read atlength: RESOLUTION OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING A PETITION FOR THE ANNEXATION OF THE HOHIMER ANNEXATION TOT HE CITY OF FORT COLLINS; SETTING THE DATE FOR HEARING ON AN ORDINANCE APPROVING THE ANNEXATION THEREOF; AND GIVING NOTICE THEREOF WHEREAS, heretofgre on the 24t1a,d@y of June, A. D. 1965, a written petition was presented to the Council of the City of Fort Collins in substantial compliance with the pri- visions of Colorado Revised Statutes, 1953, 139-11-3, by the owners of more than fifty per- cent (5p%) of the area and who co{upriee the majority of landowners residing in the area of b following described land, situate in the County of Larimer, State of Uolorado, to -wit : Commencing at a point 30 feet North of a point which bears North 890381 West 400 feet from the East quarter Corner of Section 9, Township 7 North, Range 69 West of the 6th P.M., said point being on the North line of County Road, thence North 000102f East 50 feet, thence North 89°38' West to a point on the East line of the right-of-way of the New Mercer Ditch as now estat.ished, thence southerly along said Ditch right-of-way to a point 30 feet North of the South line of the NEq of said Section 9,, t,egce South 89°38' East along the County Road 88.5 feet, more or less, to the point of beginning, containing one (1) acre, more or less; and WHEREAS, said owners have requested that the above described lands ]be admitted to the City of Fort Collins and be included within the limits and jurisdiction thereof as an "A" Residential District, and WHEREAS, the Council of the City of Fort Collins has found that the petition and the documents thereto attached meet the requirements of Section 139-11-3, Colorado Revised Statutes, 1953. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS, that the aforesaid petition be and the same is hereby accepted and that August 12, 1965, be and the same is hereby designated as the date for t'ze hearing on an ordinance approving the annexation of the above described territory and including the same within the limits and jurisdiction of the City of Fort Coll ins, and to be included as a part of "A" Residential District; BE IT FURTHER RESOLVED that the City Clerk be and he is hereby ordered to publish notice of said petition and the date set for hearing on the ordinance approving the annexa- tion in the Fort Collins Coloradoan, the official newspaper of the City, in the issues of such newspaper published July 6, 13, 20 and 27, 1965, and that such notice be in words and figures as follows: "NOTICE OF PUBLIC HEARING TO WUM IT MAY CONCERN: Notice is here4th given that a petition was presented on June 24, 1965, to the Council of the City of Fort Collins requesting that the following described land, situate in the County of Larimer, State of Colorado, to -wit: Commencing at a point 30 feet North of a point which bears North 89038' West 400 feet from the East quarter Corner of Section 9, Township 7 North, Range 69 West of the 6th P:M., said point being on the North line.of County Road, thence North 0001024 East 50 feet, thence North 89038, West to a point on the East line of the right-of-way of the new Mercer Ditch as now established, thence Southerly song said Ditch right-of-way to a point 30 feet north of the South line of the 14ETI of said Section 9, thence South 89°38' East along the County Road 88.5 feet, more or less, to the point of beginning, containing one (1) acre, vnors or less; De annexed and made a part of the City of Fort Collins and be included within the limits a d jurisdiction thereof as an A Residential District. That said petition was signed by the owners of more than fifty per cent (50%) of the area and who comprise the majority of Landowners residing in the area of said land. haid petitiom was accepted by the Counci )f the City of Fort Collins on July 2, 19651 dthatg on an ordinance approving said annexation will be held in the Council Chambers in the City Hall in the City of Fort Collins iolorado, at the hour of 1:30 o'clock P.M. at a regular meeting of the Council to be held ;he 12th day of August, A. D. 1965• �ur• II That the landowners of the area proposed to be annexed may express their opposi- tion to the annexation and secure an election by complying with the provisions of Colorado Revised Statutes, 1953, 139-11-4. Dated at Fort Collins, Colorado, this 2nd day of July, A. D. 1965. Isl Miles F. House City Clerk" Passed and adopted at an adjourned meeting of the Council held this 2nd day of July, A. D. 1965. Isl Harvey G. Johnson Mayor ATTEST: /s/ Miles F. House City Clerk Motion was made by Councilwoman Quinn, seconded by Councilman Carson, that this resolution be adopted. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The following communication was presented and read at length: June 28, 1965 Stanley R. Case Interim City Manager Re: Reimbursement to Subdividers for long and oversize utility installations. As you directed the department has considered the referenced matter, and respect- fully offers the following comments and observations. Ordinance Applicability The following quoted sections of the City Water Ordinance deal with the question. Section 41. Water Mains -- payment of costs. When water mains are extended, the property owners benefited thereby as determin- ed by the City, shall pay all .costs of said extension for mains 6 inches in diameter togeth- er with necessary valves, hydrants, and other appurtenances. For mains over 6 inches in diameter, when required by the City, the water utility shall pay the following percentages of the total cost of the extension of such mains. 8 inch mains 20% 10 inch mains 30% 12 inch mains 40% 14 inch mains 55% 16 inch mains 6 65% The percentage of costs to be paid by the City of mains in excess of 16 inches, a'hdl be determined by the City Council upon recommendation ,of the Water Board. Section 42. Extension of mains in, to, around, and through a platted subdivision. All water mains required to serve a platted subdivision, including cross connectin mains, shall be installed at the cost of the subdivider, The subdivider shall install mains to the farthest point or points of his subdivision. Section 43. Extension of mains -- reimbursement. When a subdivider finds it necessary to bring water service from the existing water system through vacant property to ds platted subdivision, or construct lines on the perimeter. of said subdivision the subdivider shall pay the cost of the original construction The size of the mains shall be determined by the City, and where the required mains are larger than 6 inches, the water utility shall pay the percentages of cost as set forth in Section 41. At the time of annexation, or as the property abutting such water main is developed, and connections are made to the said water main, the City may collect a charge a- ssessed in relation to benetit to the affected property, based upon the original construction cost, andif so collected shall reimburse the original subdivider to the extent of the col- lection so made. In no event, shall the actual amount so paid to the subdivider by the City exceed the original costs to the subdivider of the excess extension. Section 44. Extension of mains -- expiration of reimbursement right. The subdivider's right to reimbursement under a wter main extension contract shall not exceed a period of ten years from the date of the execution of said contract and all payments shall cease at that time regardless of the amount that has at that time been re- ceived by the subdivider, unless, uoon the recommendation of the Water Board, the City Coun- cil shall approve a contract exceeding ten 1101 years. The department's brief interpretation of the important. parts of the sections would be as follows: 308 NI 1. In section 41, the City without question, has assumed a definite responsibili for the cost of constructing water mains in sizes larger than 6". In the case of a 12 inch main, as is being constructed by the Parkwood Developer, the City is definitely committed to pay 40% of the total cost of the construc tion. .Presumably it would cost 40% more to construct a 12 inch main than it would to construct a 6 inch main. Although no precise procedure or time facto leas been included in the section, it is inferred that such oversize costs wil be paid to the developer in cash and will be paid at the time that the main is constructed. 2. The ordinance is not equally clear and concise in describing the developers responsibility with respect to the construction of a 6 inch water main. Read alone, Sectidn 41 would seem to place the total responsibility for con- struction of a 6 inch water main on the developer. Section 43, however, indi cates that in certain situations a developer should b e reimbursed a portion of the cost of installing even a 6 inch water main. Essentially, such reim- bursement would be made when, in developing a tract of ground, a developer finds it necessary to bring the main across; a tract of undeveloped ground which will later be served by it. The underlined sentence of Section 43 above• "At the time of annexation, or as the property abutting such water main i c floiro In no rl and nnnnori-inna ono marls, i-n i-ha oai (l wpi-on moan +ho r!i ♦•v may Collect a charge assesses in relation to oenerit t0 the arYectec propert3 based on the original construction cost, and if so collected shall reimburse the orivbal subdivider to the extent of the collection so made." ... is the n important part of the section. This section provides for an assessment, over and above any other assessment provided for in the ordinance. Such assessment to be charged against such an undeveloped tract of -ground as a part of the platting procedure. 3. Section 44 places a time limit of 10 years on such reimbursement, except that provision is made for Council to grant an extension. Past Citv Policies Generally the City's policy in the past has followed along the line set forth in the present ordinance. Three similar situations acted upon by the Council in the past are offered below for background. A.) In December, 1957, the Council entered into an agreement with Darrell T. Blake, Robert S. Everitt and Highlands Development Corporation, regarding the construction of a combination 12 inch and 10 inch sanitary sewer South on Stover from Pitkin to Stuart and East on Stuart to Cherokee, to serve t he Indian Hill Development. The agreement also pro- vided for the construction of the present lift station on Prospect. Under the agreement the developers a.dvaiced to the City $10,000.00 for the con- struction. The City agreed that reimbursement would be made by relieving lots as they were developed in Indian Hills Subdivision (Fl.rst Filing), subsequent Indian Hils Subdivisions and "such other lots within the City limits as are designated..." by the developers, of the 1¢ per square foot sewer connection charge that was being mde at the time. A record was to be kept of these and the procedure followed until the entire $10,000.00 had been repaid. B.) In October, 1964, the Council entered into an agreement with SEB, Inc. and Woodward Governor Company to share in the cost of constructing a 10 inch sanitary sewer main on Lemay fromaa point immediately North of Spring Creek, South to a point approximately North of Drake Road. Under the terms of the agreement the City agreed to pay $0.54 per foot fort he 10" V.C.P. sewer line that was installed (the total cost of the line was $3.94•- the $0.54 therefore represented a percentage of about 13.7%). On the same line was a sectio of 10 inch steel line which crossed Spring Creek. The City agreed to pay for this section of line the difference between an 8 inch steel line and a 1- inch steel line. The contract ors respective bids were $1,690.00 and $1,852.00 or abour 9.6% additional for the 2 inch in- crease in size. Without setting forth any specific amounts the agreement provided the City would collect an additional assessment from other properties benefited by the sewer, when they developed and would use this special assessment to reimburse the developers for the entire cost of installing the line. C.) In July, 1964, the Council entered into an agreement with William E . Franz to share in the cost of constructing a 6 inch water main and an 8 inch sewer main from a point on Taft Hill Road West across anproximately.250 feet of pr party outside the City -to the West Lake Street Annexation. The agreement was very nebulous. It stated that t he lines were of excess size and that he City would pay the oversize . but did not specify the sizes or the percentage of City responsibility. It provided that the subdivider would be reimbursed for constructing the lines across the 250 foot strip outside the City ... but did not specify the amount, manner or time period in which this would be done. Cobclusions It has been the policy of the City in the past that developers will be relieved of the cost of cons tructing oversize mains, It is clearly intended that this policy should be continued in the writing of the present ordinance. The section of the ordinance dealing with this aspect of utility installation seems to be quite clear, fair and simply a matter of implementation. It has also been the general policy of the City in the past to relieve a developer of the cost of extending a main alongside or across a tract of undeveloped ground that will, as development takes place, be werved by it. By a variety of methods, agreements have sough to pass this eventual cost on the undeveloped land. This procedure is entirely proper. An arrangement of this nature, in the wording of our present ordinance, places a charge in relation to the benefit to the affected property". The one quarrel the department would hav is that neither past agreements or the present ordinance areexplicit should established licidescribing ithe Mann in which this is to be done. It is our feelingthat a firm and that future agreements should be revised to concisely spell out that policy. 309 July 2, 1965 Several points are important, and are listed separately as follows: 1.) An exach and detail final tabulation of the cost of every such installation shoule be made a part of the agreement. In preparing the agreement the City Attorney should have available a certified cost breakdown of the completed project. 2.) Each individual situation should be studied by the City Manager, City Planner and City Engineer and a realistic appraisal made of the benefit which will be derived in the future by the undeveloped properties being crossed. In the case of raw ground, this assignment of comparative benefits can ordinarily be related simply to the length of line within the boundaries of the affected properties. But there would bbvisusly be exoeptions. In instances the length of line may be exactly the same through two undeveloped poperties and.yet the amount of ground subject to development far greater in one than in the other. 3.) Having made a detail appraisal of t+te percentage of the cost which should be passed on to the tract or tracts of ground being crossed the calculations should be in- cluded as a part of the agreement with the original developer. 4.) Reimbursement of utility costs should be made a part of the cost of platting the undeveloped ground. The City should accept no responsibility for making any part of the reimbursement from existing or expected City funds. While it is proper that the undeveloped properties pay their share as subdivision takes place it should be the original subdivider (who is demanding the services), that gambles should subdivision will occur. When subdivision does take place the reimburse- ment should be collected on a lump sum basis during the platting stage and kept entirely separate from water tap fees and the like. Such an assessment represent an original construction cost for which the developer is responsible and has no direct relationship with thea plant investment fee of our ordinance. 5. The time limit (for making such reimbursement) as established in the ordinance shou be made an intregal part of every agreement. Recommendations The City Attorney be asked to draft a standard agreement form, incorporating the the above thoughts, which could be used in all situations of dis nature. Note: The applicable sections of the sewer ordinance are, for all intents and purposes, identival to the water ordinance. A standard agreement form should be broad enough to include both types of utility installations. Isl C. Adam Fischer Public Works Director The following report was presented and read at length: June 29, 1965 To: Stanley R. Case, Interim City Manager From: C. Adam Fischer, Director of Public Works Subject: Reimbursement of oversize and excessive run costs of 12-inch water main to serve Parkwood Subdivision. Submitted with this report is a general analysis of this area of our utility installation program and recommendations regarding an over-all policy. The specific re- commendations of this report are based on that proposed policy. luisb`yl�il�i�F`�iiii�f�� • �I As submitted to our department, by the developers, the total cost of the instal- lation was $15,186.50. The subdivider proposes that. he be reimbursed: 1. $6,074.60 as the cost of installing the oversize line. This is calculated as 40% of the total cost of a 12-inch line as provided in our ordinance. 2. A portion of the remaining $9,111.90 on the basis that theline will benefit properties other than Parkwood. The city water ordinance specifically provides that a subdivider will be reim- bursed for the cost of installing oversize mains. In the case of a 12-inch water main, the percentage is, as the developer has stated, 40% or in this particular instance $6,074.69. Reimbursement of the remining $9,111.90 should be made by the properties benefits as they develop. This is the proposal of the developer, and the department is in agreement with it. We would, however, raise some questions regarding the proportion of benefit as Suggested by Parkwood, Inc. Following is a tabulation of the benefit to other properties as suggested by the subdivider and as derived by our office: Lin.Ft. % Share Area (acres) % Share Highlands Development Co. 1305 26.74 2436.52 26.6 11.75 1070.65 Ed. Johnson 1305 26.74 2436.52 80.0 35.30 3216.50 Vandewark Farm 1135 23.26 2119.43 40.0 17.65 1608.25 Parkwood, Inc. 1160 21006 31000 9111.90 282T�.b 911`.900 310 First, we would agree with the Parkwood people that the four properties indicat will be the primary recipients of benefits from the construction of this line. The developer's engineer has taken the total length of the line and pro -rated the total cost according to the frontage of the particular properties. The department has attempted to take a.closer look and determine, as realistically as possible, what part of each of the properties will, when developed, be served by the main under consideration. Each will be discussed separately. HIGHLANDS DEVELOPMENT 00. -This property consists of the Indian Hills Subdivision. The subdivision has an area of approximately bO acres and is 2/3 completed. There exists an 8" main along Stuart to the North, and a 6" main along the South boundary which serves the subdivision with wa- ter. Future plans call for an additional 24" main in this street. The only benefit which the subdivision could derive would be in the development of the remaining 173 (26.6) acres of the subdivision. VANDEWARK FARM This farm consists of 120 acres in an L shape around the 40 acres of Woodward Governor. There is a 6" line along the West and North boundaries, and a 12" line within Drake Road along the South boundary. It would appear to us that this tract could logical be diffided into three equal 40-acre segments, and water service to each of the segments would come from a different direction. The one 40-acre segment between Woodward Governor and Indian Hills would probably be served from this 12-inch line being constructed. ED JOHNSON Mr. Johnson owns, altogether, about 300 acres in this area. We would divide the total area into two 80-acre tracts and a 140-acre tract parallel to and along the West side of the railroad tracts. The two 80-acre tracts would have abuttinF quartermile frontages on LeMay beginning at Prospect. The second 80-acre tract is the only one we feel should be considered as benefiting from the construction of this line. The 80 acres at the intersec- tion of Prospect and LeMay would be served by a projected 12" line in LeMay and a future line down Prospect. The 140 acres along the railroad tracks would require the extension of additional mains into the area. PARKWOOD Parkwood consists of 160 acres, including the lake. It seems to us that only the North half of the tract will be served by this line. Future development of the South bal# will require an add tional main in Drake Road, and in all likelihood an extension of the mai under consideration South on LeMay. 'Recommendation: It is the recommendation of the Public Works Department that the developers of Parkwood Subdivision be reimbursed for the extension of the 12-inch water main from Steware Street South approximately 2440 feet according to the following procedure: 1. A certified copy of the detail statement of the cost from the contractor and engineer be provided to the City Attorney for use in drawing the agreement. 2. The city pay to the developer 40% of the total cost for oversize expense as provided in the ordinance. 3. The city enter into an agreement with the eveloper to reimburse 64.7% of the remaining 60% of the total cost in the following manner: Require as a condition of plotting that to following tracts of ground pay to the city, and the city in turn to the developer,the following amounts for existing water lines: Highlands Development Co. 11.75% x 60% x total cost• Ed Johnson 35.30% x 60% x total cost Vandewark.Farms 17.65% x 603 x total cost 4. That a ten year limitation be placed on reimbursement of this 60% to the deve oiler. A sketch of the area is enclowed for additional information. %s/ C. "dam Fischer Director of Public Works A report from the Water Board was presented as follows: June 30, 1965 TO: Honorable Mayor, Members of the Council and City Manager FROM: The Water Board SUBJECT: No. 1 Water offered by Bartels Farms No. 2 Request for 8" and 22" Water Tap for Fort Collins Coloradoan building No. 3• Request for Reimbursement of City's Portion of Cost of 12" Water Main to Parkwood Development Item No. 1. At the meeting of the Water Board held .June 29, 1965, it is the Board's recommet tion that the City.Attorney proceed with the agreements to purchase the 21 shares of Mountain -and Plains stock 4 $100.00 per share and the 2 213 shares of Pleasant Valley and Lake Canal stock Q $2,400.00 per share. 311 tem No. 2. After considerable discussion it is the Water Board's recommendation to grant t request for the 8-inch fire protection tap and the 22-inc1a metered tap, if the City Engineer deems the request justifiable. tem No. 3. Gary Haxton of Parkwood Development was present and brought up the matter of being reimbursed fort he 40% of the cost of the 12-inch Water line they construc ed down Lemay Avenue to get water to this area, this payment would be in the neighborhood of $6,000.00. C. Adam eischer had prepared a report on the reimbu meet of oversize pipe lines, indicating that the present ordinance did not spell out a definite procedure for payment to the developers of the City's percentage of construction costs. After discussion the Water Board recommends that this matt be referred to the City Attorney with the .aid of the Public Works Director to prepare a standard form of agreement that would be adaptable to all oversize utility installations, this form to be referred to the 'dater Board for further study before accepting. Parkwood payment to be withheld until a standard form is approved. Isl John Bartel Secretary of the Water Board Motion was made by Councilman Bennett, seconded by Councilman McMillan, that the sport of the Water Board be accepted and the, recommendation be app.rn ved.. Roll was called esulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Councilwoman uinn. Nayes: None. The President declared the motion adopted. '�** 11 Motion was made by Councilman bennett, seconded by Councilwoman Quinn,. that Item o. 1 of the Water Boardfs report be accepted and approved. Roll was called resulting as ollows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Councilwoman Quinn. Nayes ne.. The President declared the motion adopted. The following communication was presented and read at length: FRONTIER FIRE PROTECTION , INC. City Engineer Collins, Colorado June 15, 1965 r Sir: s is our purchase order to you to install an 8" Water Line from the 10" Water Line on the th side of Mountain Avenue to the property line for the Fire Sprinkler System for the t Collins Coloradoan. ase install a tee in this line at the property line with a 22" outlet for the plumber. se advise when you can make this connection. Very truly yours, FRONTIER FIRE PROTECTION, INC. Isl Herbert S. Tower The following report was presented and read at length: July 1, 1965 anley R. Case Re: Request from Coloradoan Newspaper for an ting City Manager 8" Water Tap. Attached is a request from the Frontier Fire Protection Incorporation, for an 8" ter Line for serving the Coloradoan Newspaper building, which is presently being remodeled. dbt e principle function of the i nc line woo a2zincholine which protection wouldprovidetwaterhe ifornt om this line the owner p po mestic needs. There was originally some concern in the office that this line had been oversized. wever, after discussing the matter with a Mr. Blank with the Technical Jervices of Denver, the sizes were determined on the basis of contemplated future expansion. were advised that With the athesizes information which is now available, we see no reason the reque With the add'f:tional ould not be granted. /s/ C. Adam Fischer Public Works Director Motion was made by Councilman Carson, seconded by Councilman McMillan, that the equest be granted and the recommendation of Item No. 2 of the Water Board's report be accept d. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, ennett and Councilwoman Quinn. Nayes: No re . The President declared the motion adopted. The following resolution was presented and read at length: r ql 312 July 2, 1965 RESOLUTION OF THE COUNCIL OF THE CITY OF FORT COLLINS APPOINTING HAROLD HAFER AS A MEMBER OF THE FCR� COLLINS ZONING BOARD OF APPEALS WHEREAS, Byron Albert was heretofore duly appointed a member of the Zoning Board of Appeals to serve until "pril 18, 1967, and WHEREAS, the said Byron Albert has tendered his resignation as a member of the Zoning Board of Appeals and said resignation has been accepted py the City Council, and WHEREAS, Harold Hafer has consented to serve as a member of said Zoning Board of Appeals. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Harol Hafer be and he hereby is appointed as a member of the Zoning Board of Appeals to fill the vacancy created by the reddgnation of Byron Albert and to serve fort he remainder of the term for which Byron filbert has been appointed and until his successor is appointed. Passed and adopted at an adjourned meeting of the Council held this 2nd day of July, A. D. 1965. sl Harvev G. Jo r ATTEST /s/ Miles F. House City Clerk Motion was made by Councilman Bennett, seconded by Councilwoman Quinn, that this resolution be adopted. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Councilwoman Quinn. Nayes: None. The President declared thel motion adopted. The following resolution was presented and read at length: RESOLUTION OF THE COUNCIL OF THE CITY OF FORT COLLINS REAPPOINTING GEORGE E. FISCHER AS A MEMBER OF THE ZONING BOARD OF APPEALS WHEREAS, George E. Fischer was heretofore duly appointed as a member of the Zonin Board of Appeals to fill out the unexpired term of Albert P. Fischee-, which term expired on April 18, 1965, and WHEREAS, the City Council desires to reappoint George E. "ischer as a member of said Board, and the said George E. Fischer has consented to serve as a member of said Board. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that George E. Fischer be and he hereby is reappointed a me bar of the Zoning Board of Appeals of the City of Fort Collins to serve for a term of four (4) years, said term commencing April 18, 1965. Passed and adopted at an adjourned meeting of the Council held this 2nd day of July, A. D. 1965. ?S? Harvev G. Johnson OQ ATTEST: Is/ Miles F. House City Clerk Motion was made by Councilman Carson, seconded by Councilman McMillan, that this resolution be adopted. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The following motion was presented and read at length: BEFORE THE CITY COUNCIL CITY OF FORT COLLINS, COLORADO ) MOTION IN RE: APPLICATION OF EVERITT E. TRUESDELL ) LICENSE TO SELL 3.2 BEER ) ........................ COMES NOW Everitt E. Truesdell by his attorney, James P. Johnson, and moves that the Council of the City of Fort Collins, Colorado, have a re -hearing on the application for the proposed 3.2 beer license heretofore filed with the Council. r 313 As reason for this motion it is stated that the Council has previously denied the application, but no record was preserved and therefore no appeal can be taken. WHEREFORE, Petitioner prays for a re -hearing under circumstances which will pro- vide that a record be preserved so that an appeal may be taken if need be. Dated this 25 day of June, A. D. 1965. Lsl James P. Johnson Attorney at Law Suite 10, Poudre Valley Bank The City Attorney advised the Council that, inasmuch as no record of the proceed- lings on the hearing were preserved with the exception of that petition which appears in the minutes of the Council meeting, that the application for the license which was denied, could go to court and request a court order to have a re -hearing if he so wished and that .it would be to an advantage to the City Council to grant a re -hearing for the purpose of he ing a record made thereof, and that by granting a re -hearing there might be a saving of cou costs. After discussion, motion was made by Councilman Carson, seconded by Councilwoman Quinn, that a re -hearing be set for July 22, 1965, and that a notice be published of said re -hearing and a copy of said notice be mailed to the applicant and a representative of the Protestants. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The following communication was presented and read at length: FORT COLLINS AREA RECREATION COMMISSION June 21, 1965 City Council City of Fort Collins Fort Collins, Colorado Gentlemen: At its last meeting on June 15, 1965, the Fort Collins Area Recreation Commission voted unanimously to request that the City of Fort Collins install and maintain electric lights fo the tennis courts at Fort Collins High School. Tennis court facilities are badly needed i.n Fort Collins, as has been indicated in previous ew reports to City Council . This spring Thesehe oare Tertocftool Lserve cthe oneeds eoffthe ive ourri- concrete courts at each high school. also primarily cula at the schools, of course, but serve the courtseatfFortaCollinsnHighlSchoolfare the adult and junior citizens of Fort located in a well -populated section of the city. They are used extensively during the sum- mer and on week -ends during the school year bhtplayers thusfall serveaeven aIf the city were to light these courts, they could be used at nig greater need. is Pherefore, the Recreation Commissiohtsu for thletter a thetenniscourtsatormal request that t he City Fort Collins High School of Fort Collins provide electric lig at as early a date as possible- Phank you for your consideration. Sincerely yours, /s/ Charles W. Peterson Chairman, Fort Collins Area Recreation Commission �oproved: /s/ J. Ray French, �RsltLiatrictf Schools, Poudre Bennett, seconded by Councilwoman Quinn, that this Motion was made by Councilman matter be referred to the City Manager and Director of Utilities for appraisal of the need and also that the matter be referred to the City and the cost of installing of said lights Roll was called resulting as follows: Ayes: Council - Attorney for legal interpretation- Councilwoman Quinn. Nayes: None. The President Been and men Johnson, Carson, McMillan, declared the motion adopted. resented and read at length: The following communication was p RUMBLE OIL June FININ1965COMPANY �lty Council City of Fort Collins ort colli ns, Colorado 314 Gentlemen: The Humble Oil & Refining Company does hereby request approval from the City Council to erect a service station in the Northwest quadrant of the intersection of Mason and Mulberry Streets in Ft. Collins. This request is in accordance with Section'9-21, chapter 9, of the Code of Ordinances of the city of Ft. Collins. The property involved is more fully described as follows: Lot 15 and 16 of the subdivision of Lots 1, 2, 3 and 4, Block 104; in the City of Ft. Collins, Colorado, more particularly described as follows: beginning at the SE Cor. of said Lot 16 and said Block 104; thence North along the Mast line of sdd Lot 16, being also the West line of South Mason Street, 145 feet to the South line of the alley; thence West along said South line 95 feet to the NW Cor. of said Lot 15, thence South 145 feet along the West line of said Lot 15 to the SW Cor. of said Lot 15 being on the North line of West Mulberry Street; thence East along the said North line 95 feet to the point of beginning. A portion of Lot 14 in Resubdivision of Lots 1, 2, 3 and 4 of Block 104 in the City of Ft. Collins, Colorado contained within boundaries described as follows, to -wit: Commencing at the SE Cor. of said Lot 14 and running thence Westerly along the South line of said lot a distance of five (5) feet to a point on said 0out1a line. Thence Northerly parallel to the East line of said lot a distance of 145 feet, more or less, to a point on the North line of said lot. thence Southerly along the East line of said lot 145 feet, more or less, to the SE Cor., the point of beginning. The lineal distance along West Mulberry Street icing not less than 100 feet and the lineal distance along South Mason Street being not less than 145 feet. Enclosed also please find a copy of the plot plan of the proposed service sta- tion showing 1 ocation of building, tanks, curb cuts and their respective setbacks, property dimensions, etc., in compliance with city ordinances. Your attention to the matter at the earliest convening of the council will be appreciated. Yours very truly, /s/ Ralph Koch Construction & Maintenance Engineer The following communication was presented and read at length: June 29, 1965 To: Stanley R. Case, Acting City Manager From: Ken Christensen, Chief Building Inspector Subject: Service Station at Mason and Mulberry Streets. This is to certify that I have reviewed the plot plan for the proposed service station at the above location, and it does comply with t he zoning and w th Section 9-22 of the Code of Ordinances of the City of Fort "ollins pertaining to Service Stations regarding location of building, pumps, tanks, and curb cuts. Respectfully submitted, /s/ Ken Christensen Ohief Building Inspector Motion was made by Councilwoman Quinn, seconded by Councilman Carson, that this request of the Humble Oil and refining Company be approved. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Councilwoman Quinn. Nayes: None, The President declared the motion adopted. The following report was presented and read at length: June 29, 1965 TO: STANLEY R. Case, acting City Manager Director Finance FROM: Charlie D. Caih, lassitant of SUBJECT: Billing Machine Proposals In an effort to modernize our billing proceedures and to create more informative management reports, all interested accounting Madine ompanies were asked to submit "On Premise" or "Off Premise" proposals. After an analysis of proposals as presented, it is apparent that no "On Premise" proposal can compete in cost or programs available with any of the "Off Premise" proposals. The attached schedules are submitted as an estimate of cost and the major differ- ences of the three bureau proposals. Respectfully submitted, /a/ Charlie D. Cain Assistant Director of Finances The Interim City Manager and Director of Utilities spoke in reference to these proposals and the following representatives of firms making the proposals spike in reference thereto: Mr. Robert Terrell of the First National Bank, Dave Schaffer of the Poudre i3 115 National Bank and Mr. Ed Duvall, President of I.P.M. Motion was made by Councilwoman Quinn, seconded by Councilman Carson, that this report be accepted and the matter be tabled for two weeks for further consideration. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The following communication was presented and read at length: WILLIAMS & STRAHLE June 29, 1965 The Honorable Mayor and the Members of the City Council of Fort Collins. Gentlemen: The City Council is requested to give consideration to and approval of a permit for the connection of a sewer service line with an existing sewer service line already in Operation. The property to be serviced for which this request is made, and the pro party Presently being serviced is the same property and owned by Mrs. Romola Flinn upon which two homeshave been constructed, known as 1710 and 1716 Peterson Street in Fort Collins, Colo- rado. There is no sanitary sewer utility of the City located on Peterson Street and the connection has to be made by extending the service of the property Southeast to the sanitar3 sewer utility of the City located on Parker Street. The sewer service line in operation any the one to be connected meet the requirements as established by Ordinance No. 17-1965 of the City of Fort Collins. Allowance of this connection would prevent the installation of an additional sewer line through the presently existing easement allowing for easier maintenance and possibly Preventing damage or injury to presently existing sewer service lines during the periods Of required construction and in the future. Such a connection would also further prevent the city street which was recently paved from being dug into and torn up. The requested connection will service one property and will not be extending service from one property to another; however, since we are .dealing with two separate homes on this property, we are seeking your approval for a variance of the requirements as estab- lished by the City Engineer relating to sewer utilities. It would be further appreciated if we could meet with you at your next meeting of Thursday, July 1, 1965, to more fully advise you of the facts in this situation and answer any inquiries that you may have. Yours truly, Williams & Strahle /sl Ronald H. Strahle The following report was presented and read at length: July 1, 1965 Stahley R. Case Aeting City Manager Re: Request of Ronald H. Strahle for sewer service connection to serve property located at 1716 Peterson. The results of the department's investigation into this matter are best explained With the aid of the following sketch: As can be seen from the sketch all of the properties in the immediate vicinity are served from an existing sanitary sewer main in Alpert. It is the desire of Mr. Strahle client to provide the dwelling at 1716 Peterson with sanitary sewer service by connecting it to the existing 4 inch service line of the dwelling at 1710 Peterson. u.ah a connection is expresslyprohihited in Section 18 of the City sewer ordinance, quoted in part as fol- lows: "Section 18. Connection with sewer utility - when required Each property shall be served by its own sewer service line, and no connection Shall be made. by extending the service from one property to another property." Although the two properties, which are involved are presently under the same ownership it cannot be assumed that such will always be the case. The problems that can ir-ise, by a aerviceylineiof the minimum 4 inch or more tsize) eare dobvious, nand Igle ethink itnis(unrnecessary in this report to go into detail justifying the section as it was written. at the granted ifltheretof ehowever, would nhrequest were noalterntive. Theparamount objective oftheordinanceasa whole, ie that each dwelling be served with the sanitary sewerage facilities. In at least one manner the dwelling can be served within the limitations of the ordinance. Referring to the sketch there is a 5 foot easement betweent he dwellings listed as 402 and 410 Alpert, through which the 4inch service of 1710 Peterson and the 6 inch service of tha Rest Home have been constructed Although the construction would have to be made with care, an addi- tional 4 inch service for the property under consideration could be constructed within this easement. This would involve the cutting of some established lawn area and a portion of the Pavement of Alpert. Bothm sparticularly thhowever, prefere latter, are othissoverlthend are connectionded of by the department, whenever possisi ble. We would, two dwellings to a single 4 inch service 'lime. - If the applicant can definitely establish the fact that a separate service line is unreasonable and that service to the residence :man only be made by connecting to an ex ing service line, then we would much prefer that the 6 inch service to the Rest Home be tapped, rather than the minimum size 4 inch servbe line which serves t he dwelling at 1710 Peterson. •/a/ C. Adam Fischer Public Works Director. After discussion, motion was made by Councilman Bennett, seconded by Councilman Bennett, that this matter be referred to the City Attorney for his legal advise. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. Mr. Virgil Magerfleisch, representing the Planning and Zoning Board, presented the proposed zoning ordinance and maps for the City of Fort Collins and spoke briefly the of. After discussion, motion was made by Councilman Bennett, seconded by Councilwoman Qu that the proposed ordinance and maps be accepted for study. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The following petition was presented and read at length: STATE OF COLORADO) PETITION AND APPLICATION FOR ANNEXATION ) ss. COUNTY OF LARIMER) TO: CITY COUNCIL OF FORT COLLINS, FORT COLLINS,. COLORADO: Gentlemen: Whereas, Katherine M. Watts, formerly Katherine M. Stutzman is t he owner of the following described land situate in the County of Larimer, State of Colorado, to -wit: Beginning at the NW Cor. of Section 23, Township 7 North, Range 69 West of the 6th P.M., thence East 228 feet, thence South 215 feet, thence East 432 feet to East line of NW4 of NW4 of NW4 of said Section, thence South to SE Cor. of said NW4 of NW4 of NW4, thence West to SW Cor. .of said NW4 of NW4 of NW-k., thence North to the point of beginning; AND, WHEREAS, said land is contiguous with the city limits of the City of Fort Collins, Colorado, and more than 1/6 of the aggregate external boundaries of said land coin- cides with the existing boundaries of the City of Fort Collins. WHEREAS, a plat including said land has been prepared in accordance with the pro- visions of the Colorado State Statutes and the ordinances of the City of Fort Collins, four copies of which have been heretofore submitted with the Fourth College Annexation. NOW, THEREFORE, it is respectfully petitioned that said above described land be annexed to the City of Fort Collins, to be included as a "C" residential Zone under the zoning ordinances of the City of Fort Collins and to be included within the limits and juri; diction of the City of Fort Collins, Colorado as a part of the Fourth College Annexation. Dated this 2nd day of July, A. D. 1965. Respectfully submitted, Fischer & Wilmarth /s/ Elery Wilmarth Motion was made by Councilwoman Quinn, seconded by Councilman Bennett, that this petition be referred to the Planning and Zoning Board for their recommendation. Roll was called resulting as follows: `'yes: Councilmen Johnson, Carson, McMillan, Bennett and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The following communication was presented and read at length: DAUGHTERS OF COLORADO PIONEERS formerly PIONEER WOMEN OF LARIMER CO. FROM: PEGGIE HESS (MRS. L.R.) CHAIRMAN AUNTY STONE CABIN FOR D C P TO: CITY MANAGER AND CITY COUNCIL OF CITY OF FORT COLLINS; COLORADO. SUBJECT: REPAIR INSIDE OF AUNTY STONE CABIN, IN TRIANGLE, LINCOLN PARK, CITY. We are again requesting the Council for a sum of money to be set aside for the improvement and repair of the Aunty Stone Cabin, which our group, as Pioneer Women, pre- sented to the City, With srvtdeed�fordtheisamahonCAprilc17p,,t1959. You, andlhave aadinrecordtof drewu as our representative, A at all preoceedings. The City fulfilled their part up to the extant of repair of the . e, inside. foundation, etc., however, we feel the time has come to do something about the 3i7 I We have many antiques of local history which need to be seen, and will eventually become lost, if we do not acquire a space to put them. We have, for instance, a melodeon, ones belonging to the Sommerville Family, which they gave to us, and which played the first dance in Denver. (We may have to present this to the City of Denver, as we've been told there is no room for it or our other articles in the present Museum). It was our intention per contract with the City, to put in the Aunty Stone Cabin, all of these, which formerly were in the Cabin before it was moved. Last year, when our then President, Mrs. Catherine Chismar appeared before the Council with a request tobe included in the budget, whe was told to contact the Centennial Commission for help. Mrs. Peggie Hess, who is permanent Cabin Chairman, was told to con- tact Mr. James Guyer, which she did, and he instructed her to get a bid from a private party, which ahe did, and sent it to him, reserving a copy, but we were ignored, in spite the very obvious fact the Centennial commission had money to do lots of other less wort while things, and much more less lasting deeds. THE CITY SCHOOLS OF DENVER, COLO. seemed to think we have something worthwhile, in our Pioneer Corner, to the extent of organizing a special train to Ft. Collins, this spring, and the children marched from the Depot to the Museum, which was their sole pur- pose, it seemed, we feel it is now time to do mord for the future SHOOL CHILDREN AND HIS- TORICALLY INTERESTED PERSONS OF OUR COMWNITY AND'STATE, by fixing up the Aunty Stone Cabin so more g6ms of dur, heritage. uiay be 'seen. Since the City seems to have thousands of dollars to play around with, to buy fa for a few golfers, we feel we deserve priority, due to prior petitions, agreements, etc. much is the belief we will need only around a 1,000.00, more or less, this is not an out- rageous askance. *a would like a written reply on or before the July loth day this year, stating the reasons this time, with an acceptance or refusal, PLEASE. If favorable, we shall be very pleased. If not, we shall have to write a letter to the Editor. Sincerely yours, Peggie Hess, Chairman of A.S. Cabin. The Interim City Manager explained that there was $650.00 in the budget for work at the Aunty Stone cabin and to date that the amount had not been expended. The Interim City Manager was instructed to investigate the matter further regarding the budget approp- riation. The following communication was presented and read at length: June 29, 1965 Fort Collyns Fire Department 122 Walnut Fort Collins, Colorado Attention: Assistant Chief LeRoy Beers Dear Assistant Chief Beers: On behalf of the Board of Directors and the Membership of the Fort Collins Chamber of Com- merce, we wish to commend the Fire Department and its members as individuals for t he excel- lent work at thedisastrous fire at t he State L)ry Goods Building on June 28, 1965. The efforts of all the firemen in containing the fire to one building reflects he value of many years of leadership and training by the dedicated leaders and men which the late Chief Carpenter so exemplified. The Chamber shares with the members of your Department in the deep, heartfelt sympathy to Chief Carpenter's family. His dedication and leadership will be recorded in this community with gratitude and long-lasting admiration. The fact that the fire -fighting operation con- tinued uninterrupted in the face of tragedy reflects t he high esteem and respect earned by Chief Carpenter through his leadership ability. We are thankful that through the untiring efforts of all concerned, loss of life and pro - party was not greater. ne regret that a tragedy involving loss of life and property must be the occasion for an expression of gratitude fort he fine continuous performed by the Depart - he entire Chamber Membership joins in this commendation and expression of gratitude and ympathy to each member of the Department. ncerely yours, s/ Myron M. Braden, President for the Executive Committee The following communication was presented and read at length: July 1, 1965 ear Sir or Madam: The Larimer County Commissioners feel that your toorganiform zation would be interested n having one representative on a Committee being Community set up Action Program nder the Economic Opportunity Act. 318 This committee'a job, as you probably already know, is to study, pass on and coordinate any programs that other organizations might create in an effort to "combat" pov- erty. If it wishes, it might also start studies of what needs to be done to combat poverty in Larimer County. If your organization is -interested, lease choose one representative and have the enclosed form filled out and sent to: Larimer ounty Department of Public Welfare, P. 0. Box 670, Fort Collins, Colorado. We need to have this form returned to us by July 16, 1965. Very truly yours, Isl Martin C. Coker, Secretaty Motion was made by Councilman McMillan, seconded by Councilman Bennett, that Karl Carson be nominated to represent the City Council on the committee to form a community action program. Roll was called resulting as follows: Ayes: Councilmen Johnson, McMillan Bennett and Councilwoman Quinn. Councilman Carson,, abstaining. Nayes: None. The Presi- dent declared the motion adopted. The following communication was presented and read at length: Downtown Merchants Assn. Fort Collins, Colorado June 22, 1965 Hon. Harvey Johnson, Mayor and Fort Collins City Council Members Fort Collins Municipal Building 300 LaPorte Avenue Fort Collins, Colorado (Dear Mayor Johnson and City Council Members: The DOWNTOWN MERCHANTS ASSOCIATION of Fort Collins s0hasoll noted with ern Ointereers st the recent submission, by Attorney William H. Allen for the Fort Operators, to the Fort Collins City council, of a proposed amendment to the Code of Ordi- nances, particularly Section 2-7 thereof, claiming that the same is not consistent with State laws and particularly Section 75-2-3 of the Colorado Revised Statutes, 1963. As we all know, Fort Coll ns is a HOME RULE CITY and under terms of their Charter has the power to pass Ordinances regulating the sale of intoxicating liquor within their boundaries. Since the Colorado Supreme Court decided in 1953, in the cast of HOUPT vs. TOWN OF MILLIKEN (128 Colo. 147, 260 Vac. 2nd 735), that fermented malt beverages containing less than 3.2 per cent alcohol were "non -intoxicating", the Court held that the sale of such beer is removed from the mandate of Article XXII of the Colorado Constitution, requir ng that the sale of intoxicating liquors be regulated by enactment of the Colorado Legislature only. In the same case, the Court also held that regulation of the sale of 3.2 per cent beer by the Board of County Commissioners was a valid exercise of powers delegated under the Colorado Constitution, and, by analogy, so could a City Council of a Pace Rule 3City.63 to the See also the case of GETTMAN vs. MORGAN COUNTY (1950) 122 o same effect. In view of this ruling Aour tootheaeffectdo rthateme 0ourtpresentkOrdinanceoMay be n to the statement attributed to Attorney llen invalid, as inconsistent with State statutes. Furthermore, we are of the opinion that extending the business hours for taverns, from the present midnight to the proposed 2:00 a.m. closing time, will result in an increas- ed supervisory workload for the Police Department. This will require an increased police force withhresultant increase of costs to be borne by the City Taxpayers generally for the private profit of the Tavern Owners and Operators without any beneficial result to the City or its citizens. On the contrary, we feel that extending the business hours of taverns, under such proposed amendment, will result in at detrimental etri e tal effectste University. City, its citizens, the downtown business area, and attendanceWe further feel that the recent municipal election results on the liquor sale question in Fort Collins demonstrates quite vividly that the citizens of this City are anxious to maintain owardsftheiendrthatation peoplenlivingrol over in Fortthe sale Collins,oandithose parentsnw'2 who per cent beerr,, send their sons and daughters to Colorado State University, are interested in having Fort Collins maintain its enviable position as a pleasant and decent place to live, to attend school, and in which en rear a family. We further,feelt hat there is no dearth of such (places for drinking and other such amusement close enough to Fort Collins so that those few People who seek and need suchcFortiwi Collinsentertainment Councilcan hasanoidutypatronize caterttomtheth- out any hardship. Certainly, t he financial profits of any specific group of private interests at the expense of the whole tax paying community or to the detriment of the general welfare of the majority of its tax- paying citizens. This proposed beer amendment change was brought to the attention of the Board of Directors of the Downtown Merchants Association at their meeting held at 10:0 amendment and Monday, June 7, 1965. The Directors unanimously voted to oppose the proposed Sunday openings generally of any business. The natter was brssociatrought o the attention of the, general meeting of the membership of the 1965, held at 7:30 p.m. at the First National Bank, which membership adopted a resolution opposing Sunday openings of businesses generally and specifically opposing the proposed Ordinance permitting taverns to expand their business hours. 319 July 2, 1965 For the above, and other reasons, we urge the City Council to resist the efforts of the Tavern Owners and Operators to amend the present City Ordinam e relating to the sale of fermented malt beverages within t he Fort Collins City Limits. A number of the Board of Directors of the Downtown Merchants have joined me in signing this letter opposing this proposed amendment. Board of Directors: Very truly yours, /s/ Lamar Griffin Downtown Merchants Association P. L. Hutchinson Demmus D. Harvey, Jr. William Keck, President Blanche L. Waldron The follod ng letters were presented and read at length: CAMPUS WEST AUTO & HOME CENTER June 29, 1965 Members of the City Council Fort Collins, Colorado Gentlemen: We, as an association, wish to go on record as opposed to any Sunday opening which is not of an essential or recreational nature. We believe that in areas where the principal has been ignored, or where merchants, because of competitors, have been obliged to stay open, the spirit of this day has suffered. Sincerely yours, CAMPUS WEST SHOPPING CENTER MERCHANTS ASSOCIATION /a/ By Basil J. Imburgia,-Pres. UNIVERSITY NATIONAL BANK June 29, 1965 Mayor Harvey Johnson and City Council of Fort Collins Fort Collins, Colorado Gentlemen: We, themembers of the Univers'ty Plaza Shopping Center, wish to advise you that we object strongly to the off sale liquor establishments being open on ,unday and also are opposed to their later opening during the week. We do not feel that any establishment should find it necessary to be open on a Sunday. We feel quite confident that there are sufficient hours during the week that all people can be adequately served. Very truly yours, UNIVERSITY PLAZA MERCHANTS ASSOCIATION Isl R. 0. Farmer President The following resolution was presented and read at. length: RESOLUTION OF THE COUNCIL OF THE CITY OF FORT COLLINS APPOINTING STANLEY CASE AS ACTING CITY MANAGER WHEREAS, Robert F. Boos, the City Manager of the City of Fort Collins has sub- mitted his resignation effective on June 19, 1965, which resignation has been accepted by City Council, and WHEREAS, it is necessary that an employee of the City be appointed to perform the duties of City Manager until such time as a new Manager has been selected by the City Manager. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Stanley Cass be and he hereby -is appointed acting City Manager of the City of Fort Collins, Colorado, to serve as such from June 19, 1965, until a new City Manager has been appointed, at which time the within appointment shall terminate; and BE IT FURTHER RESOLVED that the salary to be paid to the said Stanley Case be such salary as may from time to time be provided for by ordinance for the City Manager. Passed and adopted at an adjourned meeting of the Council held this 2nd day of July, A. D. 1965. Is/ Harvey G. Johnson Mayor 4TTEST : �s/ Miles F. House lity Clerk 3,20 MEMO Motion was made by Councilman Bennett, seconded by Councilwoman Quinn, that this resolution be adopted. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The following resolution was presented and read at length: RESOLUTION WHEREAS, the City of Fort Collins has acquired 30 acre feet units of water of the Northern Colorado Water Conservancy District, and WHEREAS, the Board of Directors of the Northern Colorado Water Conservancy Dis- trict requh�e that the City of Fort Collins enter into temporary use permit agreements with said District for the transfer of said water, and WHEREAS, the Northern Colorado Water Conservancy District has submitted approp- riate forms 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 I4yor and City Clerk be and they hereby are authorized and directed to apply for the t porary use of said 30 acre feet of wqter by entering into temporary use permit agreements with the Northern Colorado Water Conservancy District. Passed and adopted at an adjourned meeting of the City Council held this 2nd day of July, A. D. 1965. s ATTEST: ,/ Miles F. House City Ulerk rejly ne Motion was made by Councilman Johnson, seconded by Councilwoman Quinn, that this resolution be adopted. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett 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 COMMENDING ROBERT F. BOOS FOR HIS SERVICES TO THE CITY OF FORT COLLINS AS CITY MANAGER FROM SEPTEMBER 1, 1963, TO JULY 1, 1965. WHEREAS, Robert F. Boos served the City of Fort Collins as City Manager from September 1, 1963, until his resignation on July 1, 1965, and WHEREAS, during said period, the said Robert F. Boos made outstanding contribu- tions to the City of Fort Colins as City Manager, and WHEREAS', said period was a time fo great growth and change in the City of Fort Collins, and the said Robert F. Boos as City Manager during this time commend'auly met t he responsibilities of his office and contributed freely of his time, efforts and �bilities as City Manager of the City of Fort Collins, and WHEREAS, it is the opinion of the members of the City Council of the City of Fort Collins that official recognition should be made of the contributions by Robert F. Boos as City Manager of the City of Fort Collins. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Robert F. Boos be and he hereby is commended for his valuable contributions to the City of Fort Collins and for the time, efforts and abilities that he contributed as City Manager of the City of Fort Collins from September 1, 1963, to July 1, 1965; and BE IT FURTHER RESOLVED that this commendation be sparead upon the minutes of the City of Fort Colins and that a certified copy hereof be delivered to the said Robert F. Boos. Passed and adopted at an adjourned meeting of the Council held this 2nd day of July, A. D. 1965. sl Harvev G. Johns ATTEST: /s/ Miles F. House City lerk Motion was made by Councilman Bennett, seconded by Councilwoman Quinn, that this resolution be adopted. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Councilwoman Quinn. Nayes: None. The President declared motiM. adopted. ��1 °�fsr to ee 311 The Mayor stated that there was a meeting of the National League of Cities in Detroit and that he had been requested to be present as he has been appointed a member of the National Board for investigation of water and that this meeting of the board would also have a session for investigation and requested approval of funds for said trip. Motion was made by Councilwoman Quinn, seconded by Councilman McMillan, that funds be appropriated for the Mayor to attend this meeting. Roll was called resulting as follows: Ayes: Council- men Carson, McMillan, Bennett and Councilwoman Quinn. Councilman Johnson abstained from voting. Nayes: None. The President declared the motion adopted. The following communication was presented and read at length: 6/27/65 Dear Mr. Mayor: Why was'nt Fort Collins Libraryon this list? Did we try in a grant to improve our library? It badly needs improvement Does Fort Collins need a Golf course worse that a new Library, staffed with qualified li- brarians? I, and Ism sure many of my friends, would vote for a new library under invig- orated management. In fact, I'd be happy to increase taxes a small amount to have a re- spectable city library. Did you ever visit a meeting of The Friends of the Library? Or have other City Council members ever take such an interest in such a commendable city project? Give Fort Collins a Library of which it can be proud! Sincerely /s/ Stephen C. Smith 1402 Peterson Motion was made by Councilwoman Quinn, seconded by Councilman Bennett, that the Council adjourn. Roll was called resulting as follows: Ayes: 'Councilmen Johnson, Carson, McMillan, Bennett and Councilwoman Quinn. Nayes adopted and the Council adjourned. ATTEST: City Ulerk1 None. The President declared the motion =tar;r After further discussion, concerning Item 3 of the Water Board's report, Motion was made by Councilman McMillan, seconded by Councilwoman Quinn, that the matter of the $6„074..60 be approved for payment and any further payment to Parkwood Develop - meat be deferred until the standard form had been prepared and accepted. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Council- woman Quinn. Nayes: None. The President declared the motion adopted.