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HomeMy WebLinkAboutMINUTES-08/19/1965-Regularr 375 MINUTES OF A REGULAR MEETING OF THE COUNCIL OF THE CITY OF FORT COLLINS, Held Thursday, August 19, 1965, at 1:30 o'clock P.M. Present: Councilmen Johnson, Carson, McMillan and Bennett. Acting City Manager Case, City Attorney March and City Engineer Fischer. Absent: Councilwoman Quinn, excused. Motion was made by Councilman Carson, seconded by Councilman McMilla n, that the reading of the minutes of the last regular meeting held August 12, 1965, be dispensed with. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan and Bennett. Absent: Councilwoman Quinn, excused. Nayes: None. The President declared the motion adopted. Tht following resolution was presented and read at length: RESOLUTION OF THE COUNCIL OF THE CITY OF FORT COLLINS COMMENDING MRS. GEORGE E. GARRISON FOR HER SER- VICES TO THE CITY OF FORT COLLINS AS A MEMBER OF THE CITY LIBRARY BOARD OF DIRECTORS WHEREAS, Mrs. George E. Garrison has served as a member of the City Library Board of Directors since April 22, 1961, and WHEREAS, the said Mrs. George E. Garrison has found it necessary to submit her resignation as a member of the City Library Board of Directors, effective September 1, 1965, which said resignation has been accepted by the City Council, and WHEREAS, Mrs. George E. Garrison performed outstanding service to the City of Fori Collins in her able and intelligent performance of the duties of a member of said Library Board of Directors, freely giving of her time, efforts and abilities as a member of said Board, and WHEREAS, it is the opinion of the members of the Citv Council of the City of Fort Coll,*ns that official recognition should be made of the contributions by Mrs. George E. Garrison to the City of Fort Collins as a member of the City Library Board of Directors. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Mrs. George E. Garrison be and she hereby is commended for her valuable contributions to the City of Fort Collins as a member of the City Library Board of Directors; 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 Mrs. George E. Garrison. Passed and adopted at a regular meeting of the Council held this 19th day of August, A. D. 1965. r ATTEST: /a/ Miles F. House City Ulerk G. Johnson Motion was made by Councilman Bennett, seconded by Councilman Carson, that this resolution be adopted. Roll was called resulting as follows: Ayes: Councilmen Johnson, and Carson, McMillan,/Bennett. Absent: Councilwoman Quinn, excused. 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 APPOINTING MRS. FRANK RONCO, JR. AS A MEMBER OF T.KE CITY LIBRARY BOARD OF DIRECTORS WHEREAS, Mrs. George E. Garrison has submitted her resignation as a member of the Hoard of Directors of the Fort Collins Public Library, effective September 1, 1965, which said resignation has been accepted by the City Council, and WHEREAS, Mrs. Garrison's term of office as a member of the City Library Board of Directors has recommended the appointment of Mrs. Frank Ronco, Jr. to fill the vacancy '3nsai.d Board of Directors, and Mrs. Ronco has expressed a willingness to accept the appoint ,Rent. NOW, NOW, THEREFORE, BE IT RESOLVED BY THEUCIL OF THE CITY YeOF FORT COLLINSthatof Mrs. Frank Ronco, Jr. be and she hereby is appointede Y Board Directors to serve until April 22, 1969, with such term to commence September 1, 1965. Passed and adopted at a regular meeting of the City Council held this 19th day of August, A. D. 1965- 376 sl Harvey G. Johnson ATTEST: /s/ 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 and Bennett. Absent: Councilwoman Quinn, excused. 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 HAROLD DAVID LYNCH FOR HIS SERVICES TO THE CITY OF FORT COLLINS AS ADMINISTRATIVE ASSISTANT TO THE CITY MANAGER FROM AUGUST 3, 1964, to AUGUST 13, 1965. WHEREAS, Harold David Lynch served the City of Fort Collins as Administrative Assistant to the City Manager from August 3, 1964, until his resignation on August 13, 1965, and WHEREAS, during said period, the said Harold David Lynch, as the first Adminis- trative Assistant to the City Manager in the history of the City, made outstanding contribu- tions to the City of Fort Collins in such capacity, and WHEREAS, said period was a time of great growth and change in the City of Fort Collins, and the said Harold David Lynch as Administrative Assistant to the City Manager dur ing this time intelligently and commendably met the responsibilities of his office and contributed freely of his time, efforts and abilities as Administrative Assistant to the City- Manager, 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 Harold David Lynch as Administrative Assistant to the City Manager of the City of Fort Collins. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Harold David Lynch 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 Administra- tive Assis tant to the City Manager from August 3, 1964, to August 13, 1965; 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 Harold David Lynch. Passed and adopted at a regular meeting of the Council held this 19th day of August, A. D. 1965. s/ Harvey G. Johnson ATTEST /s/ Miles F. House City Clerk Motion was made by Councilman McMillan, seconded by Councilman Bennett, that this resolution be adopted. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan and Bennett. Absent: Councilwoman Quinn, excused. 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 ACCEPTING A REPORT OF THE PLANNING AND ZONING OF SAID CITY REFERRING TO THE CITY COUNCIL A PROPOSED NEW ZONING ORDINANCE, RESETTING A DATE FOR HEARING ON SAID PROPOSED ORDINANCE, AND GIVING NOTICE THEREOF WHEREAS, the Planning and Zoning Board of the City of Fort Collins has made a study of the zoning ordinances of the City of Fort Collins and has studied a proposed new zoning ordinance, all in accordance with instructions from the City Council, and WHEREAS, the Planning and Zoning Board has recommended that the City Council adopt a new zoning ordinance and has submitted a proposed new zoning ordinance, and WHEREAS, the City Council desires to accept the report of the Planning and Zoning Board and to hold a hearing on the proposed new ordinance, and WHEREAS, the City Council heretofore set the date of Thursday, September 9, 1965, as a date on which the City Council would hold a public hearing on said proposed new zoning ordinance, but it has determined that on such date individuals necessary to be present at such hearing could not be present. 377 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the report of the Planning and Zoning Board of the proposed nor zoning ordinance is hereby accepted; and BE IT FURTHER RESOLVED that Monday, September 13, 1965, be and it hereby is set as the date on which the City Council will hold a public hearing on said proposed new zon- ing ordinance at the hour of 7:30 o'clock P.M. in the Council Chambers of the City Hall of the City of Fort Collins, and the City Clerk is hereby directed to publish notice of said hearing in the Fort Collins Coloradoan in the issues of said newspaper published on August 24 and 31, 1965, and on September 7, 1965. Passed and adopted at a regular meeting of the City Council held this 19th day of August, A. D. 1965. /s/ Harvey G. Johnson Mayor ATTEST: /a/ Miles F. House City Clerk Motion was made by Councilman Bennett, seconded by Councilman Carson, that this resolution be adopted. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan and Bennett. Absent: Councilwoman Quinn, excused. Nayes: None. The President declared the motion adopted. The following letter was presented and read at length: August 14, 1965 City Managers Office City of Fort Collins, Colo. Att: Mr. Stan Case, Acting City Manager At a special Meeting of the Fort Collins Firemen's Association yesterday morning, the Firemen voted to change the amount being paid in the pension fund,. from 3 and 5/8 to 5 percent. This change is to take effect January 1, 1966. This change is to help buildup the fund and take care of future retirements or disabilities that cause a Fireman to be put on pension. With the City going to 5% this will help us for quite sometime in keeping our retirement stable. /s/ Herbert G. Baird, President of Association /a/ Jerry L. Collins Acting Secretary Motion was made by Councilman Carson, seconded by Councilman McMillan, that the matter be referred to the City Attorney to prepare an ordinance covering the change in the City's contribution to the Firemen's pension fund. Roll was called resulting as fol- lows: Ayes: Councilmen Johnson, Carson, McMillan and Bennett. Absent: Councilwoman Quinn, excused. Nayes: None. The President declared the motion adopted. The following findings of the City Council in reference to the application of Everett Truesdell for a non -intoxicating malt liquor license was presented and read at length: FINDINGS AND RESOLUTION CONCERNING APPLICATION FOR CLASS B LICENSE TO SELL NON -INTOXICATING MALT LIQUOR The application of Everett E. Truesdell for Class B license for the salve of non - intoxicating malt liquor in connection with Chapter 2 of the Code of Ordinances of the City of Fort Collins Colorado, 1958, as amended, came on for hearing at 1:30 o'clock P.M., May 27, 1965, and the City Council of the Cityof Fort Collins, having heard ea ,de the testimony and evidence adduced upon said hearing g peti- tions filed with the City and being familiar with the neighborhood for which the license is sought and the surrounding area and having carefully considered and weighed the same made the following findings: That a need did not exist in the neighborhood of the proposed location and the in. habitants of the neighborhood did not desire the outlet in this location and thereupon the sPnlication was denied. Thereafter a motion on behalf of the applicant wqs filed by James P. Johnson, attorney for the applicant, requesting a rehearing for the reason that no record had been Preserved and therefore no appeal could be taken. 048 August 19, 1965 In view of the fact that the proceedings before the City Council had been taped and the tape of said proceedings had been mislaid and could not be found, the City Council granted the rehearing solely for the purpose of preparing a record in accordance with the testimony and evidence that had been presented to it at the original hearing. On August 5, 1965, the Council proceeded to hehear the application of the appli- cant for a Class B license, at which time testimony submitted by the applicant and by the opponents to the application were received and an additional petition was submitted by the applicant, which was not received in evidence by the City Council since the entire purpose of the rehearing was to receive testimony of a like nature as that which was presented at the original hearing. Prior to the rehearing, the City Clerk located the tape of the original proceedi and such has been transcribed and is attached hereto. The City Council has determined that the evidence submitted to the Council should be limited to the evidence submitted at the original hearing since the rehearing was not in the nature of a new application and opportunity to the opponents of the application was not given to present further petitions in remonstrance. Accordingly, the City Council, having reviewed the evidence submitted at t he or inal hearing and so much of the evidence at t he rehearing which did not conflict with the evidence at the original hearing, and having again carefully considered and weighed the same, now makes the following findings: 1. That the license sought by the applicant is for a location at the intersectio of North Shields Street and Vine Drive and is at the edge of the City Limits of the City of Fort Collins. The Property surrounding the area is, with but few exceptions a residenti area. The business property for which the license is sought has been for many years a neighborhood grocery. 2. The testimony on behalf of the applicant consisted of statements by the appli- cant and his wife, Dorothy M. Truesdell, a co-owner of the busirmss conducted by the appli- cant. The applicant submitted a petition signed by 103 individuals as to whom applicant stated they were customers at his place of business, many of whom had patronized his busines on North College Avenue. An examination of the addresses on said petition disclosed that many of such of the signers of the petition did not reside in what could reasonable be classified as the neighborhood of said business. 3. The testimony on behalf of the opponents of the application consisted of six (6) individuals who resided in the areafor which the license was sought and who presented a petition signed by 140 individuals, the overwhelming majority of whom clearly appear to reside in the immediate vicinity of the business occupied by the applicant. 4. From the foregoing and from other testimony presented at the hearing and the rehearing and from being familiar with the proposed location and the neighborhood, it is the opinion and findings of the City Council that: A. The applicant failed to show that the reasonable requirements of this ne borhood required the issuance of the type of license for which application wags made. B. The evidence overwhelmingly showed that the great majority of the inhab- itants of the neighborhood do not desire the proposed establishment. C. No need or reasonable requirement for a non -intoxicating malt liquor license in this location was shown. The following resolution was presented and read at length: RESOLUTPON OF THE CITY COUNCIL OF THE CITY OF FORT COLLINS CONCERNING APPLICATION FOR CLASS B LICENSE TO SELL NON -INTOXICATING MALT LIQUOR WHEREAS, the City Council of the City of Fort Collins has heard the application of Everett E. Truesdell for a Class B license to sell non -intoxicating malt liquor and has reconsidered its original findings on this matter, and WHERFAS, the City Council has made its findings upon the evidence, testimony and petitions submitted to it at the rehearing which did not conflict with t he evidence at the original hearing, and upon its own knowledge of the premises and the neighborhood, which findings precede this resolution and by reference are incorporated herein and made a part hereof, and WHEREAS, the City Council had carefully considered the application, evidence, testimony and petitions and has carefully reconsidered the same and has given the same such weight as it,in its discretion, deems proper and is now fully advised in the premises. NOW, THEREFORE, B7 IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the application of Everett E. Truesdell for a Class B license to sell non -intoxicating malt liquor be and it hereby is denied upon each of the grounds set forth in the findings of the City Council herein. Passed and adopted at a regular meeting of the City Council held this 19th day of August, A. D. 1965. fs/ Harvey G. Johnson Mayor ATTEST: /s/ Miles F. House City Clerk August 19, 1965 Motion was made by Councilman McMillan, seconded by Councilman Bennett, that this resolution be adopted. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan and Bennett. Absent: Councilwoman Quinn, excused. Nayes: None. President declared the motion adopted. The City Attorney advised the Council that they had negotiated a change in a t for pipe line across or along the right -of -wag of the Colorado and Southern Rail - Company which is now satisfactory and ready for approval and execution by the proper als. The following resolution was presented and read at length: RESOLUTION THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING A CONTRACT FOR PIPELINE ACROSS OR ALONG HT OF WAY OF THE COLORADO AND SOUTHERN RAILWAY COMPANY WHEREAS, it is necessary for the City of Fort Collins in(the'expansion of its facilities to obtain the right to construct and maintain a sewer line across or along in premises owned by the Colorado and Southern Railway Companyk and WHEREAS, a contract for such right of way has been negotiated with The Colorado nd Southern Railway Company which has been approved by the Acting City Manager and the ity Attorney, and WHEREAS, it is the opinion of the City Council that it will be for the best is of the City of Fort Collins to enter into such negotiated contract. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that terms of the proposed contract for pipeline across or along the right of way of The rado and Southern Railway Company, which has been dated the 7th day of July, 1965, be the same hereby are approved. BE IT FURTHER RESOLVED that the Mayor and City Clerk be and they hereby are auth- zed and directed to execute said contract for and on behalf of the City of Fort Collins. Passed and adopted at a regular meeting of the Council held this 19th day of st, A. D. 1965. F /s/ Harvey G. Johnson Mayor Motion was made by Councilman Bennett, seconded by Councilman Carson, that this olution be adopted. Roll was called resulting as follows: Ayes: Councilmen Johnson, son, McMillan and Bennett. Absent: Councilwoman Quinn, excused. Nayes: None. The dent declared the motion adopted. Motion was made by Councilman Carson, seconded by Councilman McMillan, that the ncil adjourn. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, illan and Bennett. Absent: Councilwoman Quinn, excused. Nayes: None. The President lared the motion adoptedo and the Council adjourned. mayor EST: