Loading...
HomeMy WebLinkAboutMINUTES-10/28/1965-Regular436 MINUTES OF A REGULAR MEETING OF THE COUNCIL OF THE CITY OF FORT COLLINS, Held Thursday, October 28, 1965, at 1:30 o1clock P.M. Present: Councilmen Johnson, Carson, McMillan, Bennett and Councilwoman Quinn. City Manager Coffey, City Attorney March and City Engineer Fischer. Motion was made by Councilwoman Quinn, seconded by Councilman Carson, that the reading of the minutes of the last'regular meeting held October 21, 1965, be dispensed with. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Councilwoman Quinn. Naves: None. The President declared the motion adopted. The following ordinance was presented on second reading: ORDINANCE NO. 50, 1965 BEING AN ORDINANCE AMENDING SECTION 1-13.51 THROUGH 1-13.53 OF THE CODE OF ORDINANCES OF Tb'E OITv OF FORT COLLINS, COLORADO, 1958, AS AMENDED Motion was made by Councilwoman Quinn, seconded by Councilman Carson, that Ordi- nance No. 50, 1965, be adopted and become a law upon passage. Roll was called resulting as follows: Ages: Councilmen Johnson, Carson, McMillan, Bennett and Councilwoman Quinn. Naye None. The President declared the motion.adopted. The following ordinance was presented on second reading: ORDINANCE NO. 51, 1965 BEING AN ORDINANCE ESTABLISHING A FORT COLLINS PARKS AND RECREATION BOARD. Motion was made by Councilman Carson, seconded by Councilwoman Quinn, that Ordi- nance No. 51, 1965, be.adopted and become a law upon passage. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Councilwoman Quinn. Naves: None. The President declaredthe motion adopted. This being the date of the hearing on the Greenwalt Third Annexation, the City Clerk advised the Council that no written objections had been filed. The following ordinance was presented on first reading: ORDINANCE N0. 54, 1965 ACCEPTING AND APPROVING THE PLAT OF WHAT IS KNOWN AS THE GREENWALT THIRD ANNEXATION TO THE CITY OF FORT COLLINS AND TO BE INCLUDED WIITHIN THE LIMITS AND JURISDICTION THEREOF, PUR- STTANT TO THE AUTHORITY CONTAINED IIT ARTICLE 11, CHAPTER 139, COLORADO REVISED STATUTES, 196; Motion was made by Councilman Bennett, seconded by Carson, that Ordinance No. 54, 1965, be considered favorably on first reading, and ordered published this 28th day of Oct- ober, A. D. 1965, and to be presented for final passage on the 18th day of November, A. D. 1965. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Councilwoman Quinn. Naves: None. The President declared the motion adopted. The following ordinance was presented on first reading: ORDINANCE NO. 55, 1965 BFING AN ORDINANCE TO CONTRACT FOR THE: TRANSFER AND PURCHASE OF BENEFICIAL• USE OF WATERS ON BEHALF OF THE CITY OF FORT COLLINS, COLORADO, A MUNICIPAL CORPORATION, AND FOR THE EX- TENSION AND IMPROVEMENT OF A SYSTEM OF WATER WORKS AND PRESCRIBING THE TERNS FOR PETITION FOR AN ALLOTMENT OF WATER TO SAID CITY BY NORTHERN COLORADO WATER CONSERVANCY DISTRICT Motion was made by Councilman Carson, seconded by Councilman McMillan, that Ordi- nance No. 55, 1965, be considered favorably on first reading and ordered published this 28tt day of October, A. D. 1965, and to be presented for final passage on the 18th day of Novem- ber, A. D. 1965. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Councilwoman Quinn. Naves: None. The President declared the motion s: adopted. 437 The following ordinance was presented on first reading: ORDINANCE NO. 56, 1965 AN ORDIh?ANCE AP'IENDING SECTION 54 OF ORDINANCE NO. 18, 1965 Motion was made by Councilwoman Quinn, seconded by Councilman Carson, that Ordi- ode No. 56, 1965, be considered favoaably on first reading, and ordered published this th day of October, A. D. 1965, and to be presented for final passage on the l8t1a day of ver:ber, A. D. 1965. Roll was called resulting as follows: Ayes: Councilmen Johnsog, rson, McMillan, Bennett and Councilwoman Quinn. Nayes: None. The President declared the adopted. The following resolution was presented and read at length: RESOLUTION THE COUNCIL OF THE CITE' OF FORT COLLINS APPOINTING DON STUART AS A MEMBER OF THE CITY OF T COLLINS PLANNING AND ZONIN(7 BOARD. WHEREAS, Virgil Magerfleisch has submitted his resignation as a member of the Collins Planning and Zoning Board effective October 5, 1965, which the resignation has accepted by the City Council, and, WHEREAS, the term of office as a member of the City Planning and Zoning Board of said Virgil Magerfleisch would have expired on May 19, 1969, and, WHEREAS, THE City Council desired to appoint Mr. Don Stuart to fill the vacancy said Board created by the resignation of Virgil Magerfleisch and Don Stuart has expressed willingness to accept said appointment. NOW, THEREFOP.E, BE IT RESOIVED BY THE CITY COUNCIL OF THE CITY OF FORT COLLINS, hat Don Stuart be and he hereby is appointed as amember of the City of Fort Collins Planni rid Zoning Board to serve until May 19, 1969, with said term to have commenced October 5, 965. Passed and adopted at a regular meeting of the City Council held this 28th day of ober, A. D. 1965. /s/ Harvey G. Johnson Mayor F Motion was made by Councilman Carson, seconded by Councilwoman Quinn, that this solution be adopted. Roll ,,,as celled resulting as follows: Ayes: Councilmen Johnson, on, McMillan, Bennett and Councilwoman Quinn. Nayes: None. The President declared the tion adopted. The following resolution was presented and read at length: RESOLUTION THE COUNCIL OF THE CITY OF FORT COLT INS APPOINTING MEMBERS OF THE COMMISSION ON HUMAN WHEREAS, the term of office of Donald J. Enright, Dr.S. R. Sneider, Thomas R. ison, Dr. Karl E. Carson and Arthur E. March, Jr. as members of the Commission on Human lations of the City of Fort Collins have expired,and, WHEREAS, Fr. Michael Pascual, another member of the Commission on Human Relations H moved from the City of Fort Collins and is no longer able to serve as a member of said r'nission, and, WHEREAS, the term of the said Fr. Michael Pascual would have expired on October >1966, and, uman lations t�fEAS,tt eva.a ciesncreated deslbysthe expiring to appint mtemsrofothe h_five above onamed n on xmembers d the vacancy created cthe removal of Fr. Michael Pascual from the City of Fort Collins, A rt ersons: WHEREAS, the following p Donald J. Enright ider, Thomas R. nRWilson, Thoarson, ,t' Mrs. Karl F. CDivan John -David Sullivan N have indicated that they are willing to accept appo'ntment on the Oommission on Human Relations and the City Council desires to appoint them to such Commission, and WHEREAS, William Lopez has indicated that he is willing to serve out the unexpir term of Fr. Michael Pascual, and the City Council desires o appoint him to serve out said term. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS, that Donald J. Enright, Dr. S. R. Schneider, Thomas R. Wilson, Mrs. Karl E. Carson, and John - David Sullivan are hereby appointed as members of the Commission on Human Relations for a three year term effective October 15, 1965, and BE IT FURTHER RESOLVED, that William Lopez be and he hereby is appointed as a member of the Commission on Human Relations to serve out the unexpired term of Fr. Michael Pascual. Passed and adopted at a regular meeting of the City Council held this 28th day of October, A. D. 1965. /s/ Harvey G. Johnson Mayor ATTEST Isl Miles F. House 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 t motion adopted. Applications were received from the Southland Corporation by W. H. Allen, its Attorney, said corporation being the owner or lessee of property located at 505 South Shield Street, 1001 Lemay Avenue and 200 West Prospect Street, Fort Collins, Colorado, respectivel requesting a permit for the erection of gasoline dispensing pumps and storage tanks on said property to be located in accordance with the sketches attached thereto. The following report was presented and read at length: October 26, 1965 To: Tom Coffey, City Manager From: C. Adam Fischer, Public Works Director Subject: Application of Southland Corporation to erect gasoline dispensing pumps and storage tanks at three Fort Collins 7-11 Stores. The §outhland Corporation through yLeir Attorney William H. Allen, have requested permission to erect gasoline dispensing pumps and storage tanks at the following three existing 7-11 Grocery Markets. 1. 505 South Shields 2. 1001 Lemay 3. 200 West Prospect The zoning of each of the three locations is BL (limited business) which permits service stations. It is proposed by the applicant to install with the pumps a remote control in each one of the markets. This would make it possible for the clerk in the store to sell the gasoline without leaving the store. Council, on September L}, 1964, received essentiall the same type of request from a different applicant and were at that time unanimous in thei denial. The basis for the Council's action was a formal joint statement of the Chief Engineer of the Mountain, States Inspection Bureau, the Fire Chief and the City Attorney that such an installation was in violation of the Fire Prevention Code. The particular section of the code provides that a competent attendant must be present at all times. We have asked again for the City Attorneys opinion and have been advised that the installa- tions requested are essentially the same as the one requested on September 4th and that the installation would still be a violation of t he Code. If permitted by Council the proposals would still be in violation of certain part of Section 9-21. The plot plans submitted do not accurately locate and dimension side yard driveways, set -backs, etc. We have not made a sincere attempt to obtain this additional information set forth in Section 9-21. Respectfully submitted, /sl C. Adam Fischer Public Works Director Mr. Allen was present and argued thematter of the interpretation of the Fire Prevention Code used by the City of Fort Collins, as to what a competent attendant to a gas- oline dispensing pump means. The Mayor requested the City Manager to read those Portions of the Fire Prevention Code prohibiting the use of remote control of gas dispensing pumps reby an attendant is not directly in control of filling the tanks of a motor vehicle. er further discussion as to the interpretation of the Fire Prevention Code and the legal ision of the City Attorney regarding this matter, motion was made by Councilman Carson, onded by Councilwoman Quinn, that this application be denied. Roll was called resulting follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Councilwoman Quinn. as: None.• The President declared the motion adopted. The following petition and application was presented and read at length: PETITION AND APPLICATION FOR ANNEXATION OF COLORADO) ) as. OF LARIMER) TY COUNCIL OF THE CITY OF FORT COLLINS RT COLLINS, COL0RADO "1'Li;'1%1N : WHEREAS, the undersigned is the owner of more than 50% of the area and comprise majority of land owners residing in the area which is described as situate in the County Larimer, State of Colorado, to -wit: A part of the Sa an in the County of Larimer, of the NW, -of Section 25, Township 7 North, Range 69 West of the 6th Principal MeridiState of Colorado, contained within the boundary lines as shown and considering the North line of the said NW4 bo bear North 89045,00" East and with all bearings contained herein relative thereto, Con mencing at the NW corner of said Section 25; Thence North 89045'00" East, 1,320.10= feet to the NE corner of the NW4 of the NW4 1° of said Section 25; thence South 00°08'25 East 1,318.39 feet to the SE corner of Thunderbird Estates Third Annexation which point is also the NE corner of the SW4 of the NW4 of said Section 25, the True Point of Begin ning; thence North 89046,04" East along the North line of the SlZ"of the NW4 of 157.00 feet; Thence South 00°00'00" East 1,318.43 feet to a point on the South line of the NW4; Thence North 99099,00" East 685.08 feet to the most Southwesterly corner of Thunderbird Estates Eighth Annexation Thence along the outer boundary of said Thunderbird Estates Eighth Annexation by the fo lowing courses and distances: North 90000,00" East 80.00 feet, thence along the arc c of a curve to the left whose radius is 705.i4 feet and whose chord bears North 80 00 00 East 244.89 feet; Thence along the arc of a curve to the right whose radius is 14.77 feet and whose chord bears South 68011154" East 2C.30 feet; South 23°ll`54" East 279.05 feet; Nbrth 6604 06" East 50.0 feet; thence along the arc of a curve to the left whose radius is 997.77 feet and whose chord bears North o62a0cu0rv0"East th113,100tfeet; North 58i5210011 00 East 369.75 feet; Thence along the feet and whose chord bears South 76008'00" East 21.21 feet; North 58052100" East 188.13 feet to t he Southerly corner rEof ThuyderliindaEstatery ofsaNinthunnnexatiord Estates Thence North 09040'30 West along e Ninth Annexation 509.89 feet tot he True Point of Beginning; containing 18.99 acres, more or less. AND WHEREAS, said lands are contiguous with the City limits of the City of Fort C0119ns Colorado and more than one -sixth of the aggregate external boundaries of said lands coincide with the existing boundaries of the City of Fort Collins, and WHEREAS, a plat of sai d lands has been prepared in accordance with the provisions of the Colorado State Statutes and the Ordinances of the City of Fort Collins, 4 copies of Which said plat are submitted herewith; OW THEREFREI it i d plat describedNlands, beOaccentedsand sapproved,� petitioned thatthetterritorylembraced therein eabove tobeknown as Thunderbird Estates Tenth Annexgtion to the City of Fort Collins, Colorado, be included Within the limits and jurisdiction of the City of Fort Collins, Colorado, and further that said lands be included in the "RL" zone under the zoning ordinance of the City of Fort Colli Dated at Fort Collins, Colorado, this 18th day of October, 1965. Respectfully submitted, ATTEST: /s/ Leslie G. Everitt, Secretary STATE OF COLORADO) THUNDERBIRD ESTATES, INC. Isl By Mae A. Tiley, President ss. COUNTY OF LARIIv'iER) The foregoing instrument was acknowledged before me this 18th day of October, 1965, Tas President, and Leslie G. Everitt as Secretary of Thunderbird Estates, by Mae A. he foregoing Inc. 440 Witness my hand and notarial seal. My commission expires: Aug. 5, 1967. October 28 1 6 /s/ Barbara Herron Notary Public Motion was made by Councilman McMillan, seconded by Councilman Bennett, that this petition be referred to the Planning and Zoning Board for their recommendation. 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: PETITION AND ANNEXATION FOR ANNEXATION STATE OF COLORADO ss. -OUNTY OF LARIMER CITY COUNCIL OF THE CITY OF FORT COLLINS FORT COLLINS, COLORADO GENTLEMEN: WHEREAS, we the undersigned are the owners of more than 50% of the area and com- prise the majority of land owners residing in the area which is described as situate in the County of Larimer, State of Colorado, to -wit: A tract of land situate in the NW4 of Section 15, Township 7 North, Range 69 West of the 6th P.M., which, considering the west line of said NW4 as bearing N. 00°321 W. and with all bearings contained herein relative thereto, is contained within the boundary lines which begin at a point on said west line which bears N. 00°321 113.80 feet from the W4 corner of said Section 15 and run thence N. 00°32t W. 216.20 feet; thence S. 89054123" E. 133.05 feet along the south lines of the South Taft Hil 1 First and Second Annexations to a point on the west line of the Miller's Foothills Annexation; thence along said west line S. 00029' E. 169.20 feet; thence along the northerly line of said Millers Foothills Annexa- tion N. 69054, W. 489.25 feet; thence along the westerly line of said Millerla Foothills Annexation S. 00°321 E. 47.00 feet to a point on the north line of the C. J. Reid Annexa- tion; thence along said North line N. 89054,23" W. 840.00 feet to the point of beginning, containing 6.072 acres, more or less. Following is the description of that part of the South Taft Hill Fifth Annexation which is to be zoned "BP", Planned Business: Begin at a point which bears N. 00032' W. 113.80 feet fromthe W4 corner of Section 15, Township 7 North, Range 69 West of the Sixth P.M., and run thence N. 00032' W. 216.20 feet; thence S. 89054,23" E. 240.00 feet; thence S. 000321 E. 216.20 feet; thence N. 89°54123" W. 240.00 feet to the point of beginning, containing 1.191 acres, more or less. Follow ng is the description of that part of the South Taft Hill Fifth. Annexation which is to be zoned "RP", Planned Residential; Begin at a point which bears N. 00032, W. 113.80 feet and again S. 89054,23" E. 240.00 feet from t he West4 corner of Section 15, Township 7 North, Range 69 West of the Sixth P.M., and run thence N. 00°29' E:°169.20 feet; thence N. 89054' W. 489.25 feet; thence S. 00°321 E. 47.00 feet; thence N. 89 54 23 W. 600.00 feet to the point of beginning, containing 4,881 acres, more or less. AND WHEREAS, said lands are contiguous with the City Limits of the Eity of Fort Collins, Colorado, and more than one -sixth of the aggregate external boundaries of said lands coincide with the existing boundaries of the City of Fort Collins, and WHEREAS, a plat of said lands has been prepared in accordance wit,�rt the provisions of the Colorado State Statutes and the Ordinances of the City of Fort Collins, 6 copies of which said plat is herewith submitted. NOW, THEREFORE, it is respectfully petitioned that said plat comprising the above described lands, be accepted and approved, that the territory embraced therein, bo be known as the South Taft Hill Fifth Annexation to the City of Fort Collins, Colorado be included within the limits and jurisdiction of the City of Fort Collins, Colorado, and further that said lands be included in the "BP" & "RP" zone under the/zoning Ordinance of the City of new Fort Collins. Dated at Fort Collins, Colon ado, this 13 day of October, 1965, A. D. Respectfully submitted: State of COLORADO) /s/ Fred P. Whitaker Vendla E. Whitaker as. COTTNTY OF LARTMER) The foregoing instrument was acknowledged before me this 13 day of Oct. 1965 By Fred P. Whitaker, Vendla E. Whitaker for the purposes therein set forth. My commissi.on expires February 17, 1968. /s/ Howard R. Swartz Notary Public Motion was made by Councilman McMillan, seconded by Councilman Carson, that this petition 441 be referred to the Planning and Zoning Board for their recommendation. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Council- woman Quinn. Naves: None. The president declared the motion adopted. The following petition and application was presented and read at length: PETITION AND APPLICATION FOR ANNEXATION STATE OF COLORADO) as. COUNTY OF LARIMER) CITY COUNCIL OF THE CITY OF FORT COLLINS FORT COLLINS, COLORADO GENTLEMEN: WHEREAS, We the undersigned are theowners of more than 50% of the area and compris the majority of land owners residing in the area which is described as situate in the° Count, Of Larimer, State of Colorado, to -wit: Part of the NEof NW4 of Section 25, Township 7 North, Range 69 W. of the 6th P.M. Larimer County, Colorado, described as follows: Considering the north line of said NW4 as bearing N. 69045' E. and with all bearings contained herein relative thereto, begin at a point which bears N. 89045' E. 132D.10 Feet from the NW corner of Section 25, Township 7 North, Range 69 West of the 6th P.M. Larimer County, Colorado, which point is the Northwest cornerof said NEI 'of NWI- run thence N. 89045' E. 834.00 feet; thence S. 00 08 25 E. 1318.65 feet to a point on the south line of said NE1 of NWa; thence along said south line S. 89046,04" W. 834.00 feet to the SW corner of said NEI of NWT; thence along the west line of said NE of NW1 N. 00°08'25" W• 1318.39 feet to the point of beginning, containing 25.244 right-of-way for Drake Road over the north acres, more or less, and being subject to a 40 feet thereof; AND iJTiEREAS, said lands are contiguous with the City Limits of the City of Fort -sixth of the aggregate external boundaries of said Collins, Colorado, and more than one lands coincide with the existing boundaries of the City of For Collins, and WHEREAS, a plat of said lands has been prepared in accordance with the provisions Of the Colorado State Statutes and the Ordinances of the City of Fort Collins, 6 conies of Which said plat is herewith submitted. NOW THEREFORE, it is respectfully petitioned that said plat comprising the above described lands, be accepted and approved, that the territory embraced therein, to be known as the Fahrenbruch Annexation to the City of Fort Collins, Colorado, be included within the of Fort Collins, Colorado, and further that said lands limits and jurisdiction of the City be included in the RP zone under the zoning Ordinance of the City of Fort Collins, except for a small portion thereof in the Northeast corner which it is proposed be admitted zoned BP (Planned Business) to accommodate the restaurant and health solos as indicated upon the "Land Development for Village Living plot lnisn heretofore submitted, the legal description for which said BP area will be promptly fur d. Dated at Fort Collins, Colorado, this 19th day of October, 1965, A. D. Respectfully submitted, /s/ Jack Fahrenbruch THE STRACHAN COMPANY /a/ By John L. Strachan, Pres. STATE OF COLORADO) as. COUNTY OF LARIMER) The foregoing instrument was acknowledged before me this 19th day of October, 1965 4 Jack Fahrenbruch and John L. Strachan as President of the Strachan Company, forthe purposes therein set forth. MY commission expires August 5, 1967. /s/ Barbara Herron Notary Public Motion was made by C,)uncilman McMillan, seconded by Councilman Carson, that this Ootition be referred to the Planning and Zoning Board for their recommendation. Roll was called resulting as follows: AYE) s: Councilmen Johnson, Carson, McMillan, Bennett and Councilwoman Quinn. Naves; None. The President declared the motion adopted. The following petition and application for rezoning was presented and read at le PETITION AND APPLICATION FOR REZONING STATE OF COLORADO) OT 1' OF LARIMER) TO THE CITY COTTNrTT OF THT' CITE' OF FORT COLLINS, COLORADO 4 4 _22 Gentlemen: We, the undersigned, being the owners of 50% of the following described property, situate in the City of Fort Collins, County of Larimer, State of Colorado, to -wit: Following is the description of the C. J. Reid Annexation to the City of Fort Collins, Colorado: A tract of land situate in the W2 of Section 15 Township 7 North, Range 69 West of the 6th P.M., which considering the West line of the NWT of said Section 15 as bearing N. 00032, W. and with all bearings contained herein relative thereto, is contained within the boundary lines which begin at the W1 corner of said Section 15 and run thence N. 00°32' W. 113.80 feet; thence S. 89°54123" E. 840.00 feet; thence S. 00032T E. 120.00 feet; thence N. 89°54123" W. 840.00 feet; thence N. 00032' W. 6.20 feet to' -the point of beginning, con- taining 2.314 acres more or less. Containing 2.314 acres, more or less,.do respectfully petition and request that the City Council amend the zoning ordinance of the City of Fort Collins by changing said above des- cribed land from "A" zone to "BP" &"RP" zone under the new Zoning Ordinance, described as follows: That part of the C. J. Reid Annexation to be zoned from "A" residential to "BP", Planned Business: Begin at the W1 corner of Section 15, Township 7 North, Range 69 West, of the 6t1a P.M., and run thence N. 00°321 W. 113.80 feet; thence S. 89054123" E. 240.00 feet; thence S. 000321 E. 120.00 feet; thence N. 89054123" W. 240.00 feet; thence N. 00'321 W. 6.20 feet to the point of beginning, containing 0.661 acres, more or less. That part of the C. J. Reid Annexation to be zoned from "A" Residential to "RP", Planned Residential: Begin at a paint which bears N. 000321W. 113.80 feet, and again S. 69054123" E. 240.00 feet from the Wa corner of Section 15, Township 7 North, Range 69 West of the 6th P.M.', and run thence S. 89054123" E. 600.00 feet; thence S. 00°32t E. 120.00 feet; thence N. 8905412311. W. 600.00 feet; thence N. 00°32r W. 120.00 feet to the point of beginning, containing 1.653 acres, more or less. STATE OF COLORADO) as. COTTT`.TY OF LARII ER) Respectfully submitted, /s/ Joseph P. Cook, Fred P. Whitaker, Pauline M. Cook, Vendla E. Whitaker The foregoing instrument was acknowledged before me this 13 day of October, 1965 By Joseph P. Coop, Fred P. Whitaker, Pauline M. Cook, Vendla E. Whitaker for the purposes therein set forth. My commission expires February 17, 1968. /s/ Howard R. Swartz Notary Public -,Note: Filing of a petition to rezone requires a deposit of $50.00 with the City Clerk to defray the cost of the amendment. Motion was made by Councilwoman Quinn, seconded by Councilman Carson, that this petit on be referred to the Planning and Zoning Board for their recommendation. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Council woman Quinn. Nayes: None. The President declared the motion adopted. The following petition for rezoning was presented and read at length: STATE OF COLORADO) as. COTT`ITY OF LARIMER) PETITION AND APPLICATION FOR REZONII TO THE CITY COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Gentlemen: The undersigned, being the owner of 500 of the following described property, situate in the City of Fort Collins, County of Larimer, State of Colorado, to -wit: A portion of the S1 of Section 19, Township 7 North, Range 68 West of the 6th P.M. City of Fort Collins, County of Larimer, State of Colorado, which, considering the West line of said S W24 as bearing due North and with all bearings contained herein relative thereto, is contained within he boundary lines which begin at the NW corner of the SW- of said Section 19, said NW4 corner bearing North 2509.33 feet from the SW corner of said Section, and run thence N. 89056130" E. 1680.00 feet; thence S. 00003'30" E. 247.00 feet; thence along the arc of a 1092.00 foot radius curve to the left a distance of 180.27 feet, the long chord of which bears S. 04047'15" E. 180.07 feet; thence South 09°31� E. 70.00 feet; thence along the arc of a 837.00 Padius curve to the left a distance of 230.33 feet, the long chord of which bears S. 010381 E. 229.61 feet; thence S. 06°151 E. 229.61 feet;t hence S. 06°151 :v. 317.67 feet;t hence along the arc of a 466.05 foot radius curve tot he right a distance of 387.05 feet, the long chord of which bears S. 30002 '50" West 376.02 feet, thence S. 530501 W. 90.00 feet; thence N. 36°101 W. 85.00 feet; thence along the arc of a 595.51 foot radius curve to the left a distance of 559.52 feet, the long chord of which bears N. 63°061 W. 539.16 feet; thence West 887.00 feet, to a point on the West line of said SWI, thence North along the West line of said SWI 115.00 feet to the point of beginning; 443 containing 44.9792 acres, more or less, do respectfully petition and request that the City Council amend the zoning ordinance of the City of Fort Collins by changing said above des- cribed land from "RL" to "RP". ATTEST: /s/ Gerald R. Haxton, Secretary STATE OF COLORADO) ss. COUNTY OF LARIMER) Respectfully submitted, PARKWOOD, INC. /s/ By Leslie G. Everitt, President The foregoing instrument was acknowledged before me this 18th day of October, 1965, by Leslie G. Everitt as President, and Gerald R. Haxton, as Secretary, of Parkwood, I Witness my hand and notarial seal. My commission expires: August 5, 1967. /a/ Barbara Herron Notary Public Motion was made by Councilman Carson, seconded by Councilman Bennett, that this petition be referred to the Planning and Zoning Board for their recommendation. 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: 1316 Birch Street Fort Collins, Colorado October 19, 1965 THE CITY CO'TNCIL & THE CITY PLANNING BOARD City of Fort Collins, tort Collins, Colorado Gentlemen: The Elliott -Miller Construction Company, Inc. respectfully requests that the ease- ments portrayed in red on accompanying plats be vacated in favor of easements portrayed in green. Respectfully, /a/ John R. Elliott, Vice-Pres. Elliott Miller -Construction Co., Inc. The accompanying plat shows the two portions of the easement to be vacated being on the West, North and South line of Lot 82, Alvin Miller Foothills Subdivision, Second filing, and the easement to be granted in exchange, is 35 feet further west. Motion was made by Councilwoman Quinn, seconded by Councilman Carson, that this be referred to the Plsnning and Zoning Board for their recommendation. 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 for rezoning was presented and read at length: PETITION AND APPLICATION FOR REZONING STATE OF COLORADO) TO THE CITY COUNCIL OF THE CITY ) as. OF FORT COLLINS, COLORADO COUNTY OF LARIMER) GENTLEMEN: Guaranty Homes, Inc., a Colorado corr,oration, the undersigned, being the owner of more than fifty percent (50%) of Ehe following described property, situate in the City of Fort Collins, County of Larimer, State of Colorado, to -wit: The South Taft Hill Subdivision situate in the NW4 of Seetion 15, Township 7 North Range 69 West of the Sixth P.M. ore or less, does respectfully petition and request that the City containing 8.8 acres, m Couhcil amend the zoning ordinances of the City o£ Fort Collins by changing the above described land from RL-Low density residential to: 1. Lots 1 through 7 and Lots 30 and 31 of said South Taft Hill Subdivision to RH- High density residential; South Taft Hill Subdivision to RM- 2. Lots S through 10 and 27 through 29 of said Medium density residential; and Subdivision to RP -Planned Residen- Itial. 3. Lots 11 through 26 of said South Taft Hill in SEAL) ATTEST: Donald W. McMurtry, Secretary Respectfully submitted, GUARANTY HOMES, INC., a Colorado corporation /s/ By Hardy Clark, President Motion was made by Councilman Bennett, seconded by Councilwoman Quinn, that this petition be referred to the Planning and Zoning Board for their recommendation. Roll was called resulting as follows: Ayes: Councilmen Johnson, Caeson, McMillan, Bennett and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. Bids for a pick-up truck for the Light and Power Department with a trade-in for a 1953 Plymouth sedan, were presented for Council approval. Markley Motors on a 1966 Dodg net bid with trade, $1,707.35; Ghent Motors, 1966 Ford, with a net bid with trade, 61,730. Poudre Valley Motors, 1966 Chevrolet, with a net bid with trade, $1,754.98. The Purchasing Anent and the Light and Power Department recommended that the bid of Markley Motors be accepted. Motion was made by Councilman Carson, seconded. by Councilman Bennett, that the recommendation of the Purchasing and the Light & Power Department be approved. Roil was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Councilwoman Quinn. Naves: None. The President declared the motion adopted. The following resolution was presented and read at length: RESOLUTION OF THE COUNCTL OF THE CITE' OF FORT COLLTNS APPROVING THE FORM OF AN AGREEMENT REGARDING F ISNTNG ''DATER RIGHTS UNDER THE PROVISIONS OF SECTION 67, ORDINANCE NO. 18, 1965, AND AUTH- ORTZIN(= THE CITY MATFAGER TO ENTER INTO SUCH AGREEMENTS. WHEREAS, Section 67, of Ordinance No. 18, 1965, provides for a credit to be allow ed on the requirement that water rights be furnished upon request for original water servic if, prior to January 1, 1966, the party involved has sold to the City water rights intended to apply toward such requirement, and ment, and WHEREAS, said Section requires that such credit be evidenced by a writtenegree- `r1HEREAS, a form for such agreement has been prepared by the City Attorney, and WHEREAS, there are several parties who are entitled to such credit by reason of having sold water to the City. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that th form of agreement prepared by the City Attorney be and the same hereby is approved; and BE TT FURTHER RESOLVED that the City Manager is authorized and directed to inves- tigate and determine what parties have sold water rights to the City within the terms of Section 67, Ordinance No. 18, 1965, and to determine the lands to which such credit shall apply end the amount of such credit and to enter into agreements evidencing the same. Passed and adopted at a regular meeting of the City Council held this 28t1a day of October, A. D. 1965. ayor 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, Bennett and Councilwoman Quinn. Nayes: None. The President declared t motion adopted. The City Clerk advised the Council that the City had received a copy of the permi to sublease a portion of Block 24, which is presently leased by the City of Fort Collins which has been signed by the Chamber of Commerce, authorized on October 1, 1965 by its Boar of Directors. The City Clerk requested authorization for a permit to be executed by the Ma and attested by the City Clerk. Motion was made by Councilman Carson, seconded by Council- 8 445 October 28 1965 1-man McMillan, to authorize the Mayor and City Clerk the permit to sublease for the City of Fort Collins. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. Mr. Arthur March, Jr., Assistant City Attorney, explained some of the complica- tions that amending Section 67 of the Water Ordinance would run into, being a violation of the State laws regarding annexations, and stated that it would be far better to handle the matter of water rights to accompany annexations or subdivisions by agreement. He also stated that, if under the new State law in reference to annexations, that the annexation ordinance of the City of Fort Collins would have to be amended to comply. The City Manager requested that the following resolution be passed creating a Civil Defense Agency: RESOLUTION FORMING CIVIL DEFENSE AGENCY BE IT RESOLVED, that under the provisions of 24-1-1 to 24-1-19, CRS 1953 as amended, there be, and hereby is established, a civil defense organization in and for the City of Fort Collins, Lari.mer County, Colorado, to be known as the Fort Collins Civil Defense Agency. BE IT FURTHER RESOLVED that there be appointed a Director of the Fort Collins Civil Defense Agency, as the executive officer thereof; that the Director shall have direct responsibilit for the organization, administration, and 1peration of such agency, with authority to obli- gate available funds. And that the Agency shall perform Civil Defense functions in confor- mity with the provisions of Sec. 7, Colorado Civil Defense Act of 1950, as amended. BE IT FURTHER RESOLVED that the Director of the Civil Defense Agency be, and is hereby authorized and directed to submit all material, and sign all documents required for parti- cioation in the Federal Contributions for Civil Defense under Public Law 920, as amended, and to accept and comply with all DOD -OCD regulations and standards as set forth in Part F, Chapter 5, and its appendices of the Federal Civil Defense Guide, and amendments thereto, as they apply to Political sub -divisions. PE IT FURTHER RESOLVED that Miles F. House, City Clerk, will be responsible for receipt and disbursement of all Civil Defense Funds, where funds are provided for Civil Defense pur- poses. BE IT FURTHER RESOLVED that the Director of the Civil Defense Agency be, and is hereby authorized and directed to submit all material, and sign all documents required by Colorado State Civil Defense Agency, also to comply with other rules, regulations, and directives of State Civil Defense Agency. Passed and adopted at a regular meeting of the City Council held this 28th day of October, A. D. 1965. / Harvey G. Johnson yor ATTEST: /sl Miles F. House City Clerk Motion was made by Councilman McMillan, seconded by Councilman Johnson, 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 adopted. The City Manager requested appointment of Roy Hollady as Director of the Fort Collins Defense Agency, efective October 28, 1965• The following resolution was presented and read at length: RESOLUTION APPOINTING CIVIL DEFENSE AGENCY DIRECTOR BE IT RESOLVED that under the provisions of 24-1-8 CRS 1953, as amended, Roy E. Hollady is appointed Director of the Fort Collins Civil Defense Agency, effective October 26, 1965, w1 authority to obligate funds, to organize, administer, and operate the Fort Collins Civil Defense Agency. This appointment is to become effective on October 28, 1965k conditioned "Pon execution of the oath of office. I CERTIFY that the above is a true and correct copy of the resolution passed by the govern- ing body of the City of Fort Collins, Colorado, on October 28, 1965. /s/ Harvey G. Johnson Mayor Motion was made by Councilman Bennett, seconded by Councilwoman Quinn, that this resolution be adopted. Roll was called resulting as follows: Ayes: Councilmen Johnson, 446 Carson, McMillan, Bennett and Councilwoman Quinn the motion adopted. Nayes: None. The President declared of compliance The City Manager requested that the Mayor be authorized to sign an assurance/with the Department of Defense and office of Civil Defense regulations under title VI of the Civil Rights Act of 1964. Motion was made by Councilman McMillan, seconded by Councilman Carson, that this 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 communication was presented and read at length: City of Fort Collins City Hall Fort Collins, Colorado Attention: Mr. Tom Coffey City Manager Mr. Arthur March City Attorney Gentlemen: ALLEN, STOVER and MITCHELL October 27, 1965 Re: Ram's Horn, Inc. v. City Council, et al. This letter is written to advise you that I have received a Summons from the Supreme Court of the State of Colorado indicating that the Ram's Horn case will be carried through a Supreme Court appeal. We have entered our appearance in the case and will defend same furnishing you such advice on the matter as you request as we go along. Yours very truly, /s/ Gene Mitchell The City Manager reported that the traffic lights on Riverside and East Mulberry would be turned on Friday, October 29, 1965, for traffic regulations. The Mayor advised the Council that he had received a very nice letter of apprecia tion from the Colorado State Fish and Game Commission in reference to the posting of the City lake on North Shields Street for the protection of water foul and pollution. The following communication was presented and read at length: October 28, 1965 Members of the City Council Municipal Building Fort Collins, Colorado Gentlemen: It is with sincere regret that I do herewith submit my resignation as a member of the City Council, effective November 1, 1965. This action on my part is necessitated by reason of the fact that my business interests in Kansas City, Missouri, will require my being away from Fort Collins for considerable periods of time and will prevent my spending the necessary time to fulfill the duties and obligations of a member of the City Council. Needless to say, I have enjoyed being a member of the City Council since my elec- tion in April, 1963. I have certainly appreciated working with and being associated with each and every other member of the City Council during this time. While on occasions my opinion as to the proper policy to be followed has not always been in accofd with other mem bers of the Council, in each ;nstance my decision was what I considered to be best for the City of Fort Collins; and I know that the same thought motivated the other members of the Council in arriving at their decisions. At this time, I wish to take this opportunity to thank the many citizens of Fort Collins who elected me to my office as a member of the City Council and for their loyal support during the time that I have been al member of the City Council. Respectfully submitted, /s/ Lorraine A. Quinn Motion was made by Councilman Bennett, seconded by Councilman Carson, that this resignation from Mrs. Quinn be accepted. with regret and that a proper resolution and plaque be prepared commending Mrs. Quinn for her services as Councilwoman for the past 22 years. and Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan,/Bennett Naves: None. The President declared the motion adopted. 447 Motion was made by Councilwoman Quinn, seconded by Councilman Carson, that the Council adjourn. Roll was called resulting as follows: Ayes; Councilmen Johnson, Carson; McMillan, Bennett and Councilwoman Quinn. Nayes: None. The President declared the motiot adopted and the Council adjourned. ATTEST: City Cle u