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HomeMy WebLinkAboutMINUTES-11/18/1965-Regular1460 November 18. 1 MINUTES OF S REGULAR MEETING OF THE COUNCIL OF THE CITY OF FORT COLLINS, Held Thursday, November 18, 1965, at 1:30 o'clock P.M. Present: Councilmen Johnson, Carson, McMillan and Bennett. City Manager Coffey, City Attorney March and City Engineer Fischer. Motion was made by Councilman Johnson, seconded by Councilman Bennett, that the reading of the minutes of the last regular meeting held November 10, 1965, be dispensed with. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan and Bennett. 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 ALVIN J. KRUCHTEN AS A MEMBER OF THE CITY CO?TNCIL WHEREAS, Lorraine A. Quinn was duly elected a member of the City Council at the regular municipal election held on April 2, 1963, for ,a term of four years, and WHEREAS, the said Lorraine A. Quinn heretofore submitted her resignation as a member of the City Council, effective November 1, 1965, which said resignation was hereto- fore acepted by the City Council, and WHEREAS, Section 18, Chapter II of the Charter of the City of Fort Collins pro- vides that 'zany vacancy in an elective office shall be filed within thirty days by appoint- ment of the Council until the next regular election, when the vacancy shall be filled by the electors for the remainder of the term, if any," and WHEREAS, the term of said Lorrane A. Quinn would have expired at the next regular election, and WHEREAS, Alvin J. Kruchten has indicated his willingness to be, appointed a member of the City Council to serve the remainder of the term of the said Lorraine A. Quinn, and WHEREAS, the said Alvin J. Kruchten is eligible to serve as a Councilman of the City of Fort Collins, Colorado. NOW, THEREFORE, BE IT RESOLVED BY THELOUNCIL OF THE CITy OF FORT COLLINS that Alvin J. Kruchten be and he hereby is appointed as a member of the City Council to fill the vacancy on the City Council created by the resignation of the said Lorraine A. Quinn. Passed and adopted at a regular meeting of the City Council held this 18th day of November, A. D. 1965. /s/ Miles F. House City Clerk Motion was made by Councilman McMillan, seconded by Councilman Carson, that this resolution be adopted. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan and Bennett. Nayes: None. The President declared the motion adopted. to The City Clerk gave theoath of office/Mr. Alvin J. Kruchten as Councilman of the City of Fort Collins and Mr. Kruchten was seated as a member of the City Council. The following ordinance was presented on second reading: ORDINANCE NO. 54, 1965 ACCEPTING AND APPROVING THE PLAT OF WHAT IS KNOWN AS THE GREENWALT THIRD ANNEXATION TO THE CITY OF FORT COLLINS AND`IO BE INCLUDED WITHIN THE LIMITS AND JURIS➢ICTION THEREOF, PURSUANT TO THE AUTHORITY CONTAINED IN ARTICLE 11, CHAPTER 139, COLORADO REVISED STATUTES, 1953. Motion was made by Councilman McMillan, seconded by Councilman Bennett, that Ordi trance No. 54, 1965, be adopted and become a law upon passage. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Kruchten. Nayes: None. The President declared the motion adopted. The following ordinance was presented and read at length; on second reading: ORDINANCE NO. 55, 1965 BEING AN ORDINANCE TO CONTRACT FOR THE TRANSFER AND PURCHASE OF BENEFICIAL USE OF WATERS ON BEHALF OF THR CITY OF FORT COLLINS, COLORADO, A MUNICIPAL CORPORATION, AND FOR THE EXTENSIO: AND IMPROVEMENT OF A SYSTEM OF WATER WORKS AND IRESCRIBING THE TERMS FOR PETITION FOR AN ALLOTMENT OF WATER TO SAID CITY BY NORTHERN COLORADO WATER CONSERVANCY DISTRICT. 461 Motion was made by Councilman Bennett, seconded by Councilman Carson, that Ordinance No. 55, 1965, be adopted and become a law upon passage. Roll was called result- ing as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Kruchten. Nayes: Nont. The President declared the motion adopted. The following ordinance was presented on second reading: ORDINANCE NO. 56, 1965 BEING AN ORDINANCE AMENDING SECTION 54 OF ORDINANCE NO. 18, 1965 Motion was made by Councilman McMillan, seconded by Councilman Carson, that Ordinance No. 56, be adopted and become a law upon passage. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Councilman Kruchten. Nayes: None. The President declared the motion adopted. The follwing petition was presented and read at length: The Honorable Mayor and City Council City of Fort Collins Fort Collins, Colorado Gentlemen: The undersigned, owner of the property adjacent to the following described pro- perty, to -wit: Commencing at the Northwest corner of Lot 6, Block 5, Thunderbird Estates, Fourth Subdivision, a part of the NW! of Section 25, Township 5 North, Range 69 West of the 6th Principal Meridian, City of Fort Collins, Larimer County, Colo- rado, as platted and recorded in the records of Larimer County; Thence along the arc of a circular curve to the right whose radius is 705.14 feet and whose long chord bears South 61.24I00" West, 54.55 feet to the True Point of Beginning; Thence along the arc of a circular curve to the left whose radius is 15.00 feet and whose long chord bears South 20°13'40" West,20.62 feet; Thence South 23'11154" East 212.69 feet; Thence along the arc of a circular curve to the left whose radius is 15.00 feet and whose long chord bears South 69°26100" East 21.66 feet; Thence along the arc or a circular curve to t he right whose radius is 947.77 feet and whose long chord bears South 64°49'00" West, 15.62 feet; Thence South 23'11f54" Est 50.01 feet; Thence South 66'48006" West 50.00 feet; Thence North 23'llT54" West 279.05 feet; Thence along the are of a circular curve to the left whose radius is 14..77 feet and whose long chord bears North 68°11154" West 20.30 feet; Thence along the arc of a circular curve to t he left whose radius is 705.14 feet and whose long chord bears North 66°48130" East 78.52 feet to the True Point of Beginning; hproperty has been dedicated as a portion of Mathews Street, respectfully petitions thats Petitioner represents that said street has never been opened to the public and ho improvements have been made thereon; that the area of which the above described property is a part has been replatte•d, and said replat does not include Mathews Street as above described. THUNDERBIRD ESTATES, INC. /a/ William H. Allen Motion was made by Councilman Carson, seconded by Councilman McMillan, that this Petition be referred to the Planning and Zoning Board for study and recommendation. Roll w'as called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and $ruchten. Nayes: None. The President declared the motion adopted. The following ordinance was presented on first reading: ORDINANCE NO. 59, 1965 BEING AN ORDINANCE AMENDING SECTIONS 1-13.71 AND 1-13.72 OF THE CODE OF ORDINANCES OF THE CITY OF FORT COLLINS, COLORADO, 1958, AS AMENDED, RELATING TO THE WATER BOARD. Motion was made by Councilman McMillan, seconded by Councilman Carson, that Ordi- trance No. 59, 1965, be considered favorably on first reading, and ordered published this 18th day of November, A. D. 1965, and to be presented for final passage on the 9th day of December, A. D. 1965. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Kruchten. adopted. Nayes: None. The President declared the motion 462 November 18 1965 The following resolution was presented and read at length: 11 RESOLUTION OF THE COUNCIL OF THE CITY OF FORT COLENS APPROVING THE FORM OF AN AGREEMENT TO BE USED TO GRANT OUTSIDE SEWER TAPS ON THE SEWER.SYSTM OF THE CITY OF FORT COLLINS WHEREAS, Section 51 of Ordinance No. 17, 1965, contemplates the granting of sewer taps to persons who reside outside the .City of Fort Collins on certain terms and conditions, and taps, and WHEREAS, applications have been made and will be made for such outside City sewer WHEREAS, the City Attorney has prepared a form of agreement to be used to grant such taps which agreement has been approved by the City Manager. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT COLLINS, that the form of the agreement prepared by the City Attorney be and the same hereby is accer ted and approved, and BE IT FURTHER RESOLVED, that the City Manager be and he is hereby authorized to enter into such agreements for and on behalf of the City of Fort Collins. Passed and adopted at a regular meeting of the Council held this 18th day of November, A. D. 1965. /s/ Harvey G. Johnson Mayor ATTEST: Isl 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, Bennett and Kruchten. Niyes: 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 GIVING PUBLIC NOTICE CONCERNING A PROPOSED ORDI4, NANCE CHANGING THE ZONING MAP OF THE CITY OF FORT C,OLLINS AND AMENDING ORDINANCE NO. 46, 19 , WHEREAS, a written petition has been presented to the City Council requesting that the zoning classification for the property more particularly described in the "Notice of Public Hearing" attached hereto be changed from "RL" (Low -Density Residence) District to "RP" (Planned Residence) District, and WHEREAS, the Planning and Zoning Board has made a study of said rezoning request and has held a hearing and made a report and recommendation thereon, all in accordance with the provisions of Section XXI of Ordinance No. 46, 1965, and WHEREAS, the City Council desires to hold a public hearing on said rezoning re- quest as required by Section 21.1 (2) of Ordinance No. 46, 1965. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that December 9, 1965, at 1:30 P.M., or as soon thereafter as the matte r may come on for heari in the Council Chamber in the City Hall of the City of Fort Collins is hereby set as the time and place for a public hearing on said zoning request, and BE IT FURTHER RESOLVED the the City Clerk is hereby instructed to publish a not of said hearing as provided in Section 21.1 (2) of Ordinance No. 46, 1965, in the form attached hereto. Passed and adopted at a regular meeting of the City Council held this 18t1a day of November, A. D. 1965• ATTEST: /s/ Miles F House City Clerk s/ Harvey G. Johnson NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Notice is hereby given that on December 9, 1965, at 1:30 P.M., or as soon there- after as the matter may come on for hearing, in the Council Chamber in the City Hall of th City of Fort Collins, the City Council will hold a public hearing on a petition heretofore filed requesting that the zoning classification be changed from "RL" (Low -Density Residence District to "RP' (Planned Residence) District for the following described property, to -wit: 46 A portion of the SW4 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, consid- ering the West line of said SW4 as bearing due North and with all bearings con- tained herein relative thereto, is contained within the boundary lines which begin at the NW corner of the SW4 of said Section 19, said NWT corner bearing North 2509.33 feet from the SW corner of said Section, and run thence N. 89°561 30" E. 1680.00 feet; thence S. 00°03130" E. 247.00feet; 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. 040 7115" E. 180.07 feet; thence South 090311 E. 70.00 feet; thence along the arc Of a 837.00 radius 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 W. istan feet; distanthence along,the�arc of a 466.05 foot radius curve to the right a dce of 387.05 feet, t he long chord of which bears S. 300021 50 " West 376.02 feet, thence S. 53050, W.-90.00 feet; thence N. 36010, 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. 63006f W. 539.16 feet; thence West 887.00 feet, a point on the West line of said SW4/ thence North along the West line of saidd SW4 1105.00 feet to the point of beginning. Dated at Fort Collins, Colorado, this 18th day of November, A. D. 1965. s F. ° - City OIerK Note: This notice must be published once at least fifteen (15) days before the date set 'or hearing.) Motion was made by Councilman McMillan, seconded by Councilman Carson, that this -esolution be adopted. Roll was called resulting as follows: Ayes: Councilmen Johnson, ;arson, McMillan, Bennett and Kruchten. Naves: None. The President declared the motion dopted. The following petition was presented and read at length: PETITION AND APPLICATION FOR ANNEXATION OF COLORADO) ) as. OF LARIMER) COUNCIL OF THE CITY OF FORT COLLINS COLLINS, COLORADO WHEREAS, We t he 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 portion of the NET of Section 26, Township 7 North, Range 69 West of the 6th P.M., in accordance with the attached description mwked Exhibit A, ** tt ntaining 17.6939 acres, more or less. AND WHEREAS, said lands are contiguous with the City Limits of the City of Fort ollins, Colorado, and more than one -sixth of the aggregate external boundaries -of said ands coincide w t h the existing boundaries of the City of Fort Collins, and as shown on the ttached plat and legal description. WHEREAS, a plat of said lands has been prepared in accordance with the provisions f the Colorado State Statutes and the Ordinances of the City of Fort Collins, L copies of hich 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 Bart-elsI First 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 iti the C and I-L zone under the zoning Ordinance of the City of Fort Collins. ted at Fort Collins, Colorado, this 17t1a- day of November, 1965, A. D. spectfully submitted: Isl Gene E. Fischer, John L. Rauch, Charles T. Collopy Arlents Realty of Fort Collins, Inc. /s/ Gene E. Fischer, their agent and Attorney in fact. ATE OF COLORADO) ) as. UNTY OF LARIMER) ce foregoing instrument was acknowledged before me this 17th day of November, 1965 Gene E. Fischer as agent and attorney in fact for John L. Rauch, Charles T. Collopy, and -lents Realty of Fort Collins, Inc. ,r t he purposes therein set forth. , coymnission expires 2-18-67 ary runlic 0 EXHIBIT A %aa,as 1. TOTAL OUTSIDE BOUNDARY OF THE ANNEXATION: A tract of land situate in the NEIT of Sectio 26, Township 7 North, Range 69 West of the Sixth P.M., County of Larimer, State of Colorado which considdringt he North line of said NE4 as bearing N. 89030f W. and with all bearings contained herein relative thereto is contained within the boundary lines which begin at a point �h ich bears S. 00019, W. 43�.28_feet from the NE corner of said Section 26, said poin lying on the East line 'of said NET, and run thence N. 890301 W. 70.06 feet to a point on the Westerly right-of-way line of Colorado State Highway No, 1; thence N. 00'19' E. 37,00 feet along said right-of-way line; thence N. 89*30" W. 362.40 feet; thence N. 00019' E. 63.00 feet; thence N. 89°301. W. 462.23 feet to a point on the present City Limit ]Line of th City of Fort Collins, Colorado; thence S. d1,161 W. 76,75 feet along said City Limit Line; thence S. 00°50130" W. 718.45 feet along said City Limit ]Line; thence S. 89030t E. 902.22 feet to a point on the East line of said NE!; thence N. 00019, E. 695.24 feet along said East line to the point of beginning, containing 15.7241 acres more or less. 2, AREA INCLUDED IN THE ABOVE TOTAL TRACT TO BE ZONED I-L: A tract of land situate in the NE2T of Section 26, Township 7,North, Range 69 West of the Sixth P.M., County of Larimer, State of Colorado, which considering the North line of said NE4 as bearing N. 89030, W. and with all bearings contained herein relative thereto is contained within the boundary lines which begin at a point which bears S. 00019' W. 433.28 feet and again N. 890301 W. 70.00 feet and again N. 000191 E. 37.00 feet and again N. 89030' W. 362.40 feet from the NE corner of said Section 26 'and run thence N. 00°19' E. 63.00 feet; thence h. 89030f W. 362.40 feet to a point on the Easterly right-of-way line of the Colorado and Southern Railroad; thence S. 01018, W. 235.27 feet along said Easterly right-of-way line; thence S. 89030( E. 366.44 feet; thence N. 00°19' E. 172.24 feet to the point of beginning, contain- ing 1.9698 acres more or less. Motion was made by Councilman Carson, seconded by Councilman Bennett, that this petition be referred to the Planning and Zoning Board for study and recommendation. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Kruchten. Nayes: None. The President declared the motion adopted. The following petition was presented and read at length: PETITION TO CHANGE ZONING STATE OF COLORADO) ) ss. COUNTY OF LARIMER) TO: The City Council of the City of Fort Collins, Colorado Gentlemen: We, the undersigned, being the owners of 100 percent of the hereinafter described property situate in the City of Fort Collins, County of Larimer, State of Colorado, contain ing.81 acres, more or less, do respectfully petition and request that t he city council change the zoning ordinance heretofore passed by amending the map thereof by changingt he zoning classification of the hereinafter described land from RL zone to RH zone and as grounds therefore and in support thereof respectfully states: 1. The property is described as lots 188, 189, 190 and 191, University Acres Sixth Subdivision, part of the SE4 of Section 13, Township 7 North, Range 69 West of the Sixth P.M. 2. Said property was originally included in the C residential zone of the former zoning ordinance. 3. The plat and protective covenants pertaining to said property excludes he above described property, inter alia, from the residential use type of requirements con- tained in said plat and that said plat was approved by the Planning and Zoning Board of Fort Collins, Colorado. 4. In reliance upon the Fort Collins zoning ordinance, and the plat and protec- tive covenants as approved by the Fort Collins Planning and Zoning Board your petitioners put•ehased said lots for the purpose of utilizing and developing them accordingly. 5. In reliance upon the zoning ordinance and the plat and protective covenants as approved, your petitioners expended considerable funds and efforts in developing Lot 166, aforesaid and they propose and have proposed to develop the remaining portion of said lots in accordance with the original zoning resolution. 6. The present zoning ordinance as contained in the Fort Collins Comprehensive Zoning Ordinance is erroneous in that it creates a non -conforming use forthe structure now completed, denies to your petitioners the right to develop the remaining port on of the property in accordance with the original plans and representation and is unreasonable in that the undeveloped prope ty is abutted to the north by a RH type of use, to the south by a filling station,, to the east by an arterial road, to the southeast by a commercial type of zoning and to the southwest by a multiple family use. 7. By the filing of this petition, your petitioners do not intend nor do they confirm, accept, or concur in the present zoning ordinance, nor do they in any manner accept the same eomprehensiva zoning passed and adopted on the 14th day if October, 1965, M being legal, valid or binding and this petition is made to permit the City of Fort Collins to change the zoning error and for the purpose of enabling petitioners to exhaust their admin- istrative remedies. Respectfully submitted, e /a/ Frank G. Hooper by Willard E. Holz Willard E. Holz George Wayne Adleman I01 STATE. OF COLORADO) ) as. COUNTY OF LARIMER) The foregoing instrument was acknowledged before me this 17 day of November by Willard E. Holz for Frank G. Hooper, Willard E. Holz, George Wayne Adleman for the pur- poses theroin set forth. My commission expires February 9, 1969. /s/ Dan E. King Notary Public Motion was made by Councilman McMillan, seconded by Councilman Carson, that this petition be referred to the Planning and Zoning Board for study and recommendation. Roll wets called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Kruchten. Nayes: None. The President declared the motion adopted. The following communication was presented and read at length: November 12, 1965 City of Fort Collins 300 LaPorte Avenue Fort Collins, Colorado Attention: Mr. Gene Allen: Dear Mr. Allen: re.: The East 15 acres of the following described property: Considering the East line of Section 16, Township 7 North, Range 69 West of the 6th P.M., as bearing North and South and with all bearings herein relative thereto: Commencing at a point 1320 feet South and 1980 feet West of the NE corner of Section 16, thence West 990 feet; thence South parallel to the East line of Section 16, 1320 feet, to the East and West center line of said section; thence East along center Section line 660 feet, thence North parallel to East line of said Section 355.08 feet, thence East parallel to South line of said Section 130 feet, thence North parallel to East line of said Section to a point 435.6 feet North of East and West center line, thence East parallel to said center line 200 feet, thence North Parallel to East line of section to point of beginning and together with 20/30ths of one share of the capital stock of the Pleasant Valley and Lake Canal Company and all oil, gas and mineral rights lying in, under, or upon or being part of said property, exc'e pt those u which have been heretofore expressly reserved or excepted; together with a proportionate share of all water and water rights, including capital stock of irrigation companies appurtenant to said land. As you know., the above piece of land was referred to the Planning and Zoning Board by the City Council at one of its November meetings. The Planning and Zoning Board will consider the property for annexation to the City at its regular December 1965 meeting. The owner Of record of the land is Margaret Marthinsen Baer. The subdivision is named the Valley Hi Subdivist on. The purpose of this letter is to convey to you our desire hat the City of Fort Collins will pay the owner in cash at the suitable time fpr the irrigation water rights mentioned in the above description. This letter is also written at your request, so that all the facts may be beforeyou when needed. Very truly yours /a/ T. R. Wilson IMPERIAL HOMES CONSTRUCTION P. 0. Box 205 Fort Collins, Colorado By T. R. Wilson, Vice Pres. Motion was made by Councilman Bennett, seconded by Councilman Carson, t hat the IDetter be referred to the Planning and Zoning Board and the City Engineer for study and recommendation. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Kruchten. Nayes: None. The President declared the motion adopted. The application of Norman W. Wilkins s.nd Paul E. Haumont dba Red Garter, 117 Linden Street, to the State of Colorado, for renewal of a 3.2% beer license, which was tabled at the meeting of November 4, 1965, for further investigation, was presented for consideration. Mr. Elery Wilmarth, Attorney for the applicants, spoke briefly in reference to the renewal, calling attention of the Council to certain Supreme Court decisions regard- ing approval of renewal of bear licenses, said decision has several implications in regard t f resaid aPPlication. Members of the Downtown Association and others were present o the a o . Paul Hutchinson, who opposed the renewal of this license, spoke regarding the con - and Mr. and Mrd Garter on Linden Street. Mr. Hutchinson is a owner of property s around the Re 466 immediately adjacent to the Red Garter building. Mr. Charles Bowman of Bowling, Inc. who are owners of the Valley Furniture Store on Linden Street, spoke in reference to the re - issuance of this license. Others who appeared and spoke in opposition were Mr. Frank Ghent and others. Certain statements that Mr. Hutchinson made in reference to the actions of the Police in trying to control the noise, etc. at this tavern, causing the Council to request the Chief of Police to appear before them in reference to these statements. Mr. Wilmarth questioned the Chief of Police considerably regarding certain questions which bad arisbn in the discussion with Mr. Hutchinson. Others that spoke regarding this consisted o Bob Hutchinson, Mr. Paul Haumont, one of the applicants, and finally, Mr. Tom Coffey, the City Manager, who advised the Council and those present, that he was arranging a meeting of representatives of the Downtown Merchants Association, the College students, the Sheriff's office, the Police Department, representives of the Brewer's Association and a representa- tive of the State Liquor Department for December 7, 1965, at which time he hoped to arrive at certain procedures which must be carried on to control the various complaints that has arisen in regards to beer taverns in Fort Collins. The Council requested that the City Attorney give legal opinions on various questions that have arisen and the City Attorney advised the Council that under all circumstances at this time, that they would of necessity have to approve the renewal of this license and then, if sufficient complaints of oppositio were made, they would have to file said complaint to the State Liquor Department who has the sole authority to revoke the license. A recess was declared and at the conclusion of the recess, the, Mayor advised those present that the Council had reached a decision of this renewal. Motion was made by Councilman McMillan, seconded by Councilman Bennett, that the renewal of the State license be granted and that the application for the non-intoxicatit malt liquor license of the City of Fort Collins be accepted and the license be renewed sub- ject to the issuance of the State license. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Kruchten. Nayes: None. The President declared the motion adopted. The matter of purchasing 45 acre feet of Horsetooth water, which has been offered to the City by the Becksted trust, Gale E. Heiman and Paul E. Wenke, Trustees, which 'was tabled at the meeting of November 4, 1965, was brought before the Council. Motion was made by Councilman Bennett, seconded by Councilman Carson, that this offer be tabled again until the City Manager has investigated the possibility of future annexation. Roll was called resulting as follows: Ayes:_ Councilmen Johnson, Carson, McMillan, Bennett and Kruchten. Nayes: None. The President declared the motion adopted. The bids on castiron pipe, fittings, hydrants and valves, which was opened Novem- bar 10, 1965, was presented to the Council for consideration. The overall bid of Mine and Smelter for $27,911.13, being the low bid was accepted. Motion was made by Councilman Bennett, seconded by Councilman Carson, that the bid of Mine and Smelter for cast iron pipe, fittings, hydrants and valves, be, accepted. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Kruchten. Nayes: None. The President declared the motion adopted. The following communication was presented and read at length: November 16, 1965 To: Honorable Mayor and City Council Members. From: Tom Coffey, City Manager Subject: Platte River Municipal Power Association By -Laws Attached herewith is the final draft of the proposed By -Laws of the Platte River Municipal Power Association, Inc. These are the result of many studies and meetings of Raphael J. Moses, Attorney -at -Law, City. Managers, City Attorneys, and the Electrical Superit tendents of Loveland, Longmont, Fort Morgan, Estes Park, and Fort Collins. 467 On November 15, 1965, the members of the Platte River Divis;on, Colorado Associa- tion of Municipal Utilities voted unanimously to approve the proposed By -Laws and submit the same to their respective Councils for approval. It is my recommendation that the proposed By -Laws be approved and t hat Stanley R. Case, Director of Utilities for the City of Fort Collins be appointed as the Fort Collins Director on the Board of Directors for the Platte River Municipal Power Association. Isl Tom Coffey City Manager The City Manager requested Director of Utilities, Stanley Case, to advise the Council as to the result of the meeting in which this association was formed and such other information that he thought important at this time. After discussion between the Council, 8ity Manager and Mr. Case, motion was made by Councilman McMillan, seconded by Councilman Carson, that the By -Laws be referred to the City Attorney for resolution acepting same. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan,^Bennetta Kruchten. Nayes: None. The President declared the'motion adopted. The following petition was presented and read at length: PETITION To the Honorable Mayor and City Council of the City of Fort. Collins Fort Collins, Colorado The undersigned, owners of 51% or more of the following described property, to -wit Lots 2, 3, 12, 13 and 14 of Alvin L. Miller Foothills Subdivision, First Filing; and Tract H. Lots 55 through 61 inclusive, and Lots 76 through 83, inclusive, according to Plat of Alvin L. Miller s Foothills Subdivision, Second Filing; respectfully petition the City Council of the City of Fort Collins, Gdlorado, to rezone saic lots from RL to RM; and The undersigned, also owners of the following described property, to -wit: Tracts D, E, and Lors 1 2 3' 4, 5 and 6, of Tract F, of Alvin L. Miller Foot- hills Subdivision, First Filing; ands Lot 62, according to Plat of Alvin L. Miller Foothills Subdivision, Second Filing; respectfully petition the City Council of the City of Fort Collins, Colorado, to rezone Said tracts and lots from RL to RH. In support of said Petition, the undersigned state that the first above described property was annexed and zoned in the City of Fort Collins under the zoning ordinance then Ln effect as B-Residential; and that the second above described property was annexed and and zoned in the City of Fort Collins under the zoning then in effect as C-Residential. �s/ Alva J. Becksted & Mildred G. Becksted Trust Isl B. D. Williams 3y G. E. Heiman, Trustee Poudre Valley Const. Co. Inc. Eliott Miller Const. Co. By Gerald R. Haxton, Secly ly Alvin L. Miller, Pres. Dileen R. Rothfuss pprt (jollins Realty, Inc. J. W. Jenkins Isl Dorothy M. Brack Imperial Estates By Charles Cook Motion was made by Councilman McMillan, seconded by Councilman Carsoh,„t,hat the )etition be referred to the Planning and Zoning Board for study and recommendation. Roll ?as called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and :ruchten. Nayes: None. The President declared the motion adopted. The following resolution was presented and read at length: RESOLUTION IF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING THE TERMS OF RIGHT OF WAY AGREEMENTS ITH LADRI IMR IRCOUNTY CANAL COMPANY . 2, ARTHUR IRRIGATION COMPANY° NEW MERCER CANAL COMPANY, AND WHEREAS, it is necessary t hat the City of Fort Collins acquire rights of way acro canals of the Larimer County Canal No. 2, Arthur Irrigation Company, New Mercer Canal ipany, and Sherwood Irrigation Cpmpany for the purpose of installing sanitary sewer lines L water lines, anu WHEREAS, agreements have been prepared by the City Attorney providing such rights way which agreements have been approved by the City Manager. 468 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS, that the terms and conditions of said agreements be and the same hereby are accepted and appro and BE IT FURTHER RESOLVED, that the Mayor and City Clerk be and they hereby are authorized and directed to execute said agreements for and on behalf of the City of Fort Collins. Passed and adopted at a regular meeting of the Council held this 18th day of November, A. D. 1965. Isl Harvey G. Johnson Mayor ATTEST: /s/ 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, Bennett and Kruchten. Nayes: None. The President declared the motion adopted. The following ordinance was presented and read at length on first reading: ORDINANCE NO. 60, 1965 BEING AN ORDINANCE CREATING THE FORT COLLINS -LOVELAND REGIONAL AIRPORT BOARD END PROVIDING FOR AN AIRPORT MANAGER AT THE FORT COLLINS-LOVEL'AND REGIONAL AIRPORT. Motion was made by Councilman McMillan, seconded by Councilman Carson, that Ordinance No. 60, 1965, be considered favorably on first reading, and ordered published this 18th day of November, A. D. 1965, and to be presented for final passage on the 9th day of December, A. D. 1965. Roll was called resulting as follows: Ayes: Councilmen Jo Carson, McMillan, Bennett and Kruchten. Nayes: None. The President declared the motion adopted. The following communication was presented and read at length: The POUDRE VALLEY NATIONAL BANK November 15, 1965 City of Fort Collins Fort Collins, Colorado Gentlemen: As Trustee we own and offer for sale 10 shares of the North Poudre Irrigation Company at a price of $500.00 per share. If you are interested in buying this stock, I will appreciate being advised as soon as possible, since we will not offer it to anyone. else until we have had a refusal from you. Very truly yours, /a/ John D. Hartman Senior Vice President and Trust Officer Motion was made by Councilman McMillan, seconded by Councilman Carson, that the Poudre Valley Bank Trust Department be advised that the City will buy the 10 shares of North Poudre Irrigation Company stock as offered. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Kruchten. Nayes: None. The President declared the motion adopted. The following communication was presented and read at length: William B. Robb, Architect P. 0. Box 251 Fort Collins, Colorado November 4, 1965 Mr. Adam Fischer Director of Public Works Ctty of Fort Collins P. 0. Box 580 Fort Collins, Colorado t$ Re: Fire Station No. 3 Fort Collins, Colorado 469 Dear Adam: Howard DeLozier, the General Contractor, has requested to be reimbursed the sum of $628.93 for approximately six inches of additional fill material required to bring the floor level of the Fire Station to the proper level relative to the street grades. Evidently during the process of establishing the existing grades on the site and their relation to the finished grades relative to the final established grades of Mathews Street a discrepancy of approximately six inches occured. After investigating this request we feel he Contractor did in fact install approximately six inches of additional fill above the requirements of the Contract documents. After checking the sum of money requested and knowing the honesty and reliability of the Contractor we believe it to be a fair and reasonable charge. Had this problem come up before bidd ng and shown 'fin the Contract documents we believe the bid amount for the job would have been increased at that time by at least the sum he is now requesting. We therefore would recommend accepting his request. Sincerely, /s/ William B. Robb, Architect Motion was made by Councilman McMillan, seconded by Councilman Carson, that the request for the change order be approved. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Kruchten. Nayes: None. The President declared the motion adopted. The following communication was presented and read at length: COLORADO PUBLIC EXPENDITURE COUNCIL November 1, 1965 Mr. Harvey G. Johnson, Mayor City of Fort Collins Fort Collins, Colorado Dear Mayor Johnson: We are very pleased that you were able to attend the Expenditure Council's Executive Com- mittee meeting which was held October 13 in the Long's Peak Room of the CSU Student Center. It was a very enjoyable meeting for all of us who were visiting Fort Collins, and we hope that you feel the time you shared with us was well spent. We particularly appreciate the fact that key leaders of the Fort Collins community were willing to take time out of their busy schedules to meet with us. With all the things that we were trying to cover in our meeting, the time passed very quickl and we didn't have time to visit as leisurely as I had hoped. One thing that I wanted to to 1 you was that if there ever is a circumstance when the Council can be of service to you, do not hesitate to contact us. We know that good government in Colorado is dependent upon the participation of men like you, and it is our mission to provide you with whatever assistance we can in achieving the good government system which is so important to all of us. Once again, thank you very much for attending our Executive Committee session. Cordially yours, Isl E. W. Sandberg P.S. I am enclosing a comment on the Lari.mer R-1 budget analysis which might be of interest to you. The bids for one carload red cedar poles for the Light and Power Department, were presented to the Council. Motion was made by Councilman McMillan, seconded by Councilman Bennett, that the low bid of Hamilton Associates of $3,783.70 be accepted and the recommends tion of the Purchasing Agent be approved. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Kruchten. Nayes: None. The President declared the motion adopted. Motion was made by Councilman Bennett, seconded by Councilman Carson, that the Council adjourn. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson McMillan, Bennett and Kruchten. Nayes: None. The President declared the motion adopted and the Council adjourned. 1 11/ �_K2i