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HomeMy WebLinkAboutMINUTES-03/18/1965-Regular1644 4 MINUTES OF A REGULAR MEETING OF THE COUNCIL OF THE CITY OF FORT COLLINS, Held March 18, 1965, at 1:30 o'clock P.M. Present: Councilmen Johnson, Colwell, McMillan, Guyer and Councilwoman Quinn. City Manager Boos, City Attorney March and amity Engineer Fischer. Motion was made by Councilwoman Quinn, seconded by Councilman Guyer, that the reading of the minutes of the last regular meeting held March 11, 1965,.be dispensed with, Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Guyer and Councilwoman Quinn. Nayes: None. The President declared t he motion adopted. The Downtown Merchants Association, represented by Mr. Gene Mitchell., Attorney, presented 71 petitions signed by merchants and others requesting the City to pass an ordi- nance and take such other action as would be necessary to remove the parking meters from the down town area from the City. He spoke briefly on this matter, his main point being that the merchants previously had requested the installation of the meters and now they were requesting the removal of the meters, and in their opinion the Council should abide by the request of the merchants represented by the Downtown Merchants Association. Mayor Johnson, Councilmen Guyer, McMillan and Colwell spoke briefly on the matter of the removal of the meters. After further discussion, motion was made by Councilman Guyer, seconded by Councilman McMillan, that the matter be referred to the City Attorney to draft an ordi- nance removing the meters from the downtown area of the City of Fort Collins. Roll was called resulting as follows: Ayes; Councilmen Johnson, Colwell, McMillan, Guyer and Councilwoman Quinn. Nayes: None. The President declared t he motion adopted. This being the date of the public hearing concerning a violation of the City Ordinance at Gene's Tavern. Arthur March, Jr., Assistant City Attorney, presented the violation report to the City Council which was selling beer after closing hours. Mr. March called Mr. William Young as a witness who stated that he had purchased beer at the tavern after 12:00 o'clock at night according to the clock in the tavern. Mr. March rested the case and Richard Kapperman, one of the partners in Gene's Tavern took the stand in his own defense. He stated that he did not know of this violation but could not say definitely that it had not occured. He stated that they kept the clock in the tavern set about 15 minutes fast in order that the tavern would be cleared of customers by the 12-00 o'clock closing time. The Council recessed for a discussion and returned. The Mayor announced ,that tte Council finds that there was a violation and a penalty would be invoked. Motion was made by Councilwoman Quinn, seconded by Councilman Colwell, that Gene's tavern shall close for a period of 48 hours startine immediately. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Guyer and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. This being the date of the public hearing concerning a violation of the City Ordinance at the Eagle Tavern. Arthur March, Jr., Assistant City Attorney, presented the case to the Council. He called the following young men, all younger than 21 years of age' to the stand: Dennis Fortner, Mike Curlee, Gary Fortner and Wally Gall. He asked each of them if they had purchased beer at the Eagle Tavery and they stated that they had purchase° beer while sitting in the tavern. Mr. Herman Moench took the stand in his own defense, stating that he was not cognizant with the violation charge but stated that it could have happened, however, they check the identification pretty close with younger people who request service. The Council recessed for discussion and after returning, the Mayor stated that the Council finds that there was a violation and in this case it is the third viola" tion reported in this place of business and that a penalty would be assessed. Motion was 165 made by Councilman Me Millan, seconded by Councilwoman Quinn, that the Eagle Tavern be closed at once toopen again on Wednesday, A. M., March 24,'1965. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Guyer and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The following ordinance was presented orrtstrsund reading; ORDINANCE NO. 13, 1965 ACCEPTING AND APPROVING THE PLAT OF WHAT IS KNOWN AS THE MILLER LAYLAND FIRST ANNEXATION TO THE CITY OF FORT COLLINS AND TO BE INCLUDED WITHIN THE LIMITS AND JURISDICTION THEREOF, PURSUANT TO THE AUTHORITY CONTAINED IN ARTICLE 11, CHAPTER 139, COLORADO REVISED STATUTES, 1953 Motion was made by Councilwoman Quinn, seconded by Councilman' Guyer, that Ordi- nance No. 13, 1965, be adopted and become a law upon passage. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Guyer and Councilwoman Quinn. Nayes: None. The President declaredt he motion adopted. The following ordinance was presented on second reading: ORDINANCE NO. 14, 1965 ACCEPTING AND APPROVING THE PLAT OF WHAT IS KNOWN AS THE GREENWALT SECOND ANNEXATION TO THE CITY OF FORT COLLINS AND TO BE INCLUDED WITHIN THE LIMITS AND JURISDICTION THEREOF, PURSUAN' TO THE AUTHORITY CONTAINED IN ARTICLE 11, CHAPTER 139, COLORADO REVISED STATUTES, 1953 Motion was made by Councilman Guyer, seconded by Councilwoman Quinn, that Ordi- nance No. 14, 1965, be adopted and become a law upon passage. Roll was called resulting as follows: Ayes: Conncilmen Johnson, Colwell, McMillan, Guyer and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The following report was presented and read at length: March 16, 1965 Robert F. Bbos City Manager Re: Request to vacate certain streets and alleys in Riverside Park Subdivision. Attached is a request to vacate certain streets and alleys in Riverside Park Sub- division. The specific area under consideration are described in detail on the requeatand also indicated on the attached drawing. Many streets of the original subdivision have already been vacated. These streets are also shown on the attached drawing. None°of the streets of the original subdivision, West of the Railroad, have been opened with the exception of Fourth Street. Fourth Street is a dirt road which presently provides t he sole access to two farm houses, a County gravel stockpile area and open dump. The alleys, Sixth Avenue and that portion of Fifth Avenue proposed for vacation, have never been opened to public use. These rights -of -way serve no person other than the applicant, nor would it appear presently that they will in time form an intregal part of our arterial street system. The Department, therefore, sees no objection to granting the applicants requests for vacation in these instances. Fourth Street on the other hand is quite another matter. Retention of this stree for its full right-of-way length is quite important in order to serve the existing develop- ment indicated above. Isl C. Adam 2ischer, Director of Public Works After discussion, motion was made by Councilman McMillan, seconded by Councilwoma Quinn, that the recommendation of the City Engineer be accepted and the matter be referred to the City Attorney to prepare the necessary or didahce. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Guyer and Councilwoman Quinn. Nay None. The President declared the motion adopted. Hill and Coyte Attorneys at Law March 10, 1965 City of Fort Collins Fort Collins, Colorado Attention. Mr. C. Adam Fischer, City Engineer, and City Council of Fort Collins 166 March 18. 1 Gentlemen: John W. Neutze, Mary S. Neutze, and John W. Neutze, Jr., owners of the property at 130 West Olive Street, in Fort Collins, Colorado, heretofore occupied by Red Owl, con- template leasing said property to J. C. Penney Company. In connection with this leasing, it is essential that J. C. Penney Company known in advance that they can use these' premises for a tire and battery sales and repair facility and can sell gasoline and. other petroleum products. Since this might be considered as coming under the provisions of your Ordinance 46 of 1962, we respectfully request that any necessary action by the City of Fort Collins requisite to authorizing a gasoline -dispensing service station at this location be taken. It would be understood that in the event this location is approved for this pur- pose, that compliance would be had with all other applicable code ordinance requirements. It is essential that we have this determination at the earliest possible moment,a and we would therefore appreciate it if a favorable decision could be made by the Council > at its next meeting. Very Respectfully submitted, y /s/ John W. Neutze Mary S. Neutze John W. Neutze, Jr. /s/ Alden T. Hill, their Attorney The following report was presented and read at length: March 16, 1965 Robert F. Boos City Manager Re: Request to construct Service Station facility at intersection of Mason and Olive. Attached is a request from John A. Neutze, Mary S. Neutze and John W. Neutze, Jr. for permission,to construct a Service Station facility on property owned by them at 130 West Olive. The location is the Northeast corner of the intersection of Mason and Olive. The site, until very recently, was t he location of a Red Owl Grocery Store. The Neutzes' propose, if the request is -granted, to lease the existing building to the J. C; Penney Company, who would operate the Service Station, along :with their normal retail activity, at the location. On the plan originally submitted, there were a few monor conflicts with Sections 9-21 & 9-22 of the Code of Ordinances which control Service Station development. In con- sultation with Mr. Bill Keck of the J. C, Penney Company, we have resolved all of the con' flictmeetss the hat requirementsand ofbelieve ordinancthe .revised plan of development, which is attached, C. Adam Fischer, Public Works Director Motion was made by Councilman Colwell, seconded by Councilman Guyer, that the matter be referred to the Planning and Zoning Board for their recommendation. Roll was called resulting as follows: Ayes; Councilmen Johnson, Colwell, Mc Millen, Guyer and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The following communication was presented and read at length: ALLEN, STOVER and MITCHELL March 12, 1965 Members of Fort Collins City Council Fort Collins Municipal Building Fort Collins, Colorado Dear Madam and Gentlemen: Our firm represents the Laporte Water and Sanitation District, which district is in the process of expanding its facilities to include a sewage system. The engineer for the Dis trict, Vic Meline, of Parker and Underwood, has discussed the possibllit of connecting LaPorte's system with the City of Fort Collinst proposed Vine Possi t Relief Line at the theintersection -rfr Vine District onstructingtitsdownft HillfacilitiesRoadto We have also di�cgssed the possibility of Process its sewage, i Before the District can choose between these two alternate methods, it will be necessary for us to have an indication of the transportation and proc ethod of Fort Collins would matte if Ab agreement concerning the Vine ng charges which the City Street Relief Line were reached, concerning engineer, Mr. Fprocescher ginggghared t es,hat we write to you requesting information! meeting n transportationrepresentatives and g We would also like to arrange for a meeting between representatives of the City and the District to discuss such a possible agreement. If possible the District would prefer that such a meeting be held in t he evenino' your e to this charges, early ssetting forthtar' setting forth suggested transportation and procesi� g , g Proposed time and place for a meeting, would be aPPreciat! ea. Yours very truly /a/ Garth W. Rogers S 167 March 18, 1965 Motion was made b y Councilman Guyer, seconded by Councilwoman Quinn, that the matter be referred to the City Manager to set up a meeting as requested in the above commun ication. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMill Guyer and Councilwoman Quinn, Nayes: N6net The President declared he motion adopted. The following communication was presented and read at length: March 15, 1965 The City Council City of Fort Collins Municipal Building Fort Collins, Colorado To Mayor Johnson and City Council: This is regarding a renewal of my contract with the City for the salvage at the City dump. When I made my proposal and received my contract, I made a contract with the Public Service Company for one year for three phase electric service to the City dump grounds, However, t date I have only had the use of single phase. Int the past Feek the Public Service have completed the three phase service t o the meter box. I bought a small building which the County Commissioners moved to the City dump site for th purpose of a night watchman to live in, on account of there having been quite a lot of vand lism before. Since the Night watchman has been there, there has bean _ no further damag done, but cars still come down there all hours of the night. Before the Public Service con the three phase service for me, which is going to cost considerable more money than the sin gle phase, I would like to know what t he City Council intends to do about renewing my con- tract for salvage at the City dump. /s/ Marion A. Jones Mr. Jones was present and spoke in reference to the request as stated in his letter. After discussion between Mr. Jones and the Council, motion was made by Council- woman Quinn, seconded by Councilman Guyer, that this matter be tabled for study until April 1st, 1965. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell McMillan, Guyer and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The final plat of the South Taft Hill Subdivision which was previously apprbvedd on April 3, 1963, which approval has now expired, was again presented for Council approval. the City Engineer advised the Council that the utility plat had bben filed and had been spproved and the utility agreement had been signed by the subdivider and the utility plat das ready for final approval at this time. Motion was made by Councilwoman Quinn, seconded by Councilman Guyer, that the plat of South Taft Hill Subdivision be approved. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Guyer and ;ouncilwoman Quinn. Nayes: None. The President declared the motion adopted. The following petition was presented and read at length: PETITION AND APPLICATION FOR REZONING >TATE OF COLORADO) ss. ;OUNTY OF LARIMER) PO THE CITY COUNQL OF THE CITY OF FORT COLLINS, COLORADO rentlemen: We, the undersigned, being the Ownersof 50% of the following described property, situate in the City of Fort Collins, County of , State of Colorado, to -wit: Commencing at a point 30 rods South and 1253.5 feet West of the NE corner of the i of the NE1 of Section 15, Township 7 North, Range 69 West of the 6th P.M., NW4 4 0 feet aloe center of drive thence East thence West 66.5 feet, thence South 33 g 491.8 feet, thence North 52°12s West 538.55 feet tot he point of beginning, less the West 15 feet thereof, subject to rights of way of record; subject to an ease- ment for the installation of and maintenance of utilities over the Easterly 6 feet thereof, EXCEPT portion conveyed to the City of Fort Collins, Colorado, recorded in Book 1174 at Page 539 of the Larimer County records; ontaining 3 acres, more or less, do respectfully petition and request that the City Council emend the zoning ordinance of the City of Fort Collins by changing said above described an d from A zone to B zone. Is% Ralph N. Anderson Geraldine E. Anderson 168 March 18, 1965 -�-T� /s/ William H. Allen Their Attorney STATE OF COLORADO) ss. County of Larimer) The foregoing instrument was acknowledged before methis 15th day of March, 1965, by William H. Allen, as attorney for Ralph H. Anderson and Geraldine E. Anderson. My commission expires: Aug. 5, 1965. /a/ Barbara Herron Notary Public Motion was made by Councilwoman Quinn, seconded by Councilman Guyer, that this petition be referred to the Planning and Zoning Board for their recommendation. Roll vas called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMil]a n, Guyer and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. A petition for rezoning certain property on South Shields from "A" Residential zone to "D" Commercial zone, was presented signed by Walter Biehle, Leo L. Carrick, Robert L. Davis and Lois M. Davis. Motion was made by Councilman McMillan, seconded by Council- woman Quinn, that this petition be referred to the Planning and Zoning Board for their recommendation. Roll was called resulting as follows; Ayes: Councilmen Johnson, Colwell, McMillan, Guyer and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The Planning Director advised the Council hat the description of t he property in the petition was incorrect and also the status of the residential zone for which the rezoning was requested was incorrect, but suggested thet the petition be referred to the Planning and Zoning Board and that the petition also be referred back t o t he petitioner for correction. The following petition was presented and read at length: PETITION AND APPLICATION FOR REZONING STATE OF COLORADO) ) as. COUNTY OF LARIMER) TO THE CITY COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Gentlemen: the city of Fort,Collins, CountydofbLarimere owners of 500 of the following, situate in the y , State o£ Colorado, to -wit: Lot 17, Block 3, Crafts Resubdivision in the City of Fort Collins; Contai Council amend10theacres, zoningmore ordinanceless ofdthee�ptctfully petition and request that the City described land from "B° zone to "D"" zone, y of Fort Collins by changing said above STATE OF COLORADO) ss. COUNTY OF LARIMER) Respectfully submitted, /s/ W, Vance Phipps TheWforegoing Vance ippnstrument was acknowledged before me this 26th day of February. fort he purposes therein set forth. My commission expires January 15, 1966. /s/ Janet M. Redenbaugh ;:Note: Filing of a petition to rezone reNotary Public defray the cost of the amendment, quires a deposit of $50.00 with the City Clerk to Motion was made by Councilwoman Quinn, seconded by Councilman Guyer, that this petition be referred to the Planning and Zoning Board for their recommendation. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Guyer and Councilwoman Quinn. Nayes; None. The President declared the motion adopted. 169 I The following communication was presented and read at length: BOB WOLF REALTY March 15, 1965 Members: Fort Collins Planning and Zoning Board. Fort Collins, Colorado Gentlemen: In the event of an unfavorable bored recommendation to rezone from "C" to "D" the property as described in a petition to rezone bearing property owner's signatures: Biehle, Garrick, Kraeger, Davis and others, -- please give your due consideration to t he attached petition. The attached petition involve property which is approximately the North 250 feet of that property described in the petiti previously considered. Respectfully yours, Isl Robert M. Wolf, Jr. Agent for Mr. and Mrs. L. L. Garrick The following petition was presented and read at length: PETITION AND APPLICATION FOR REZONING STATE OF COLORADO) ) se. COUNTY OF LARIMER) TO THE CITY COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Gentlemen: We,`the undersigned, being'the owners of'50% of the following described property, situated in the City of Fort Collins', County of Latimer, State of Colorado, to -wit: The East 230 feet of the following described land: Considering the East line of the SE4 of Section 15, Township 7 North, Range 69 West of the 6th P.M. as bearing South 2649,30 feet ar with all bearings herein relative thereto: Beginning at a point which bears South 313.5 feet from the East 4 corner of said Section 15, thence South 133.83 feet, thence N. 89°321 30" W. 1328.87 feet to the West line of NE4 of SE4 of said Section 15, thence along said line N. 00°03' W. 133.24 feet; thence S. 89°341 E. 1328.99 feet to the point of beginning; Excepting therefrom the East 30 feet thereof in the county road as now established and used. Also, the East 230.48 feet of the North 120 feet of the following described land; Cohsiderit the East line of the SE4 of Section 15, Township 7 North, Range 69 West of the 6th P.M., as bearing North and South, and with all bearings herein relative thereto: Beginning at the Southeast corner of the N2 of NE4 of SE4 of said Section; thence West to the West line of t he N2 of NE4 of SE4 of said Section; thence Rorth along said line 215 feet; thence East to the East line of said Section; thence South along said East line 215 feet to the point of beginning; excepting therefrom the East 30 feet thereof in the county road as not establish- ed and used. Containing 1.3 acres, more or less, do respectfully petition and request that the City Coun- cil amend the zoning ordinance of the City of Fort Collins by changing said above described land from C zone to D zone. Respectfully submitted, L. L. Carrick Walter Biehle STATE OF COLORADO) ) as. COUNTY OF LARIMER) he foregoing instrument was acknowledged before me this 15th day of March, 1965 y L. L. Carrick & Walter Biehle or the purposes therein set forth. commission expires February 3, 1968. John Bart ary Public e: Filing of a petition to rezone requires adeposit of $50.00 with the City Clerk to ay the cost of the amendment. Motion was made by Councilman Guyer, seconded by Councilwoman Quinn, that this petition be referred to the Planning and Zoning Board for their recommendation. Roll waw called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Guyer and Councilwomar Quinn. Nayes: None. The President declared the motion adopted. The following bids were presented and read at length: Report of Bids for placing and furnishing 8-inch encasement to go under Colorado & Southern Railway tracks for the Light & Power Department. Installation is to be made directly east 170 1 March 18, 1965 of Light & Power sub -station at Prospect Street. Bid of: Colorado -Wyoming Consruction Company Approximately 61 ft. galvanized casing at $14.50 per foot $ 884.50 Bid of: Armco Steel Corporation Approximately 61 ft. casing at $14.56 per foot $ 888.16 Colorado -Wyoming bid was for galvanized casing which was specified; also was of specified wall thickness. This being the low bid I should like to recommend the Colorado -Wyoming bid be accepted. /a/ R. S. Baker Motion was made by Councilman McMillan, seconded by Councilwoman Quinn, that the recommendation of the Purchasing Agent be accepted and the bid be awarded t o Colorado - Wyoming Construction Company. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan; Guyer and :Councilwoman Quinn. Nayea None. The President declared the motion adopted. The following bid for red cedar poles for Light Department was presented and read at length: Company Hamilton Associates B. J. Carney & Co. L. D. McFarland Joslyn Mfg. Co. Hendrie & Bolt hoff BID RED CEDAR POLES FOR LIGHT DEPARTMENT USE 50-Class 4 40 Foot Long 40.08 ea - $2004.00 42.25 ea - $211250 44.15 se 2207:50 46.30 ea - 23.5.00 46.30 ea - 123.5-00 59-Class 3 Total 40 Foot Long 45.40 ea - $227000 $4274.00 43.80 ea - $2190:00 4302.50 47.35 ea - §2367.50 4575.0o 49.45 ea - '472.50 4787.50 $ 49.45 ea - 2472.50 4787.50 I would recommend the low bid be accepted. /a/ R. S. Baker Purchasing Agent Shipping Time 2-3 Weeks d As Require 7 Days 7-10 Days 14. Days!' Motion was made by Councilman McMillan, seconded by Councilwoman Quinn, that the. ion of the Purchasing Agent be accepted and the bid be awarded to Hamilton Asgpejgtee recorrunendat Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Guyer and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The City Attorney reported on the matter of a resolution and agreement for the purchase of 18 acre feet units of CBT water from Margaret Baer. He stated that in checki16' the records, that Mrs. Baer, owner, had 18 acre feet units available but that she was enter" ing into an agreement as discussed at the last regular meeting and that the Attorney's office would have this resolution and agreement prepared for the next meeting. The City of Fort Collins had been offered 40 acre feet units of CBT waterfrom Dienes Homes, Incorporated as a portion of the necessary water for Meadow Lark Annexation` The following resolution was presented and read at length: RESOLUTION OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING THE APPLICATION BY THE CITY OF FORT COLLINS FOR THE TEMPORARY USE OF 44 ACRE FEET OF WATER OF THE NORTHERN COLORADO WATER Cog SERVANCY DISTRICT. WHEREAS, the City of Fort Collins has acquired 40 acre foot units of water of ths' Colorado Water Conservancy District, and Northern i WHEREAS, the Board of Directors of the Northern Colorado Water Conservancy Diswito trict require thatt he City of Fort Collins enter into a temporary use permit agreement said District for the transfer of said water, and WHEREAS, the Northern Colorado Water Conservancy District has submitted appr0pr18'e forms of temporaty use permit agreements to be entered into by the City of Fort Collins. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the Mayor and'City Clerk be and they hereby are authorized and directed to apply for the 4g temporary use of said 40 dcre feet of water by entering into the temporary use permit agree" menu with the Northern Colorado Water Conservancy District. Passed and adopted at a regular meeting of the City Council held this 18th day of March, A. D. 1965- March 18, 1965 171 Z,V Harvey G. Johnson Mayor ATTEST: Is/ Miles F. Howse City Clerk. Motion was made by Councilman Johnson, seconded by Councilman Colwell, that this resolution be adopted. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Guyer and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The following ordinance was presented on first reading: ORDINANCE NO. 18, 1965 BEING AN ORDINANCE RELATING TO WATER UTILITY OF THE CITY; REPEALING SECTIONS 21-1"throug1a 21-43, INCLUSIVE OF THE CODE OF ORDINANCES OF THE CITY OF FORT COLLINS, COLORADO, 1958, AS AMENDED; PROVIDING FOR THE OPERATION, MAINTENANCE, AND EXTENSION OF THE WATER UTILITY, THE REGULATIONS CONTROLLING CONNECTION TO SAID UTILITY AND THE USE OF SAID UTILITY, THE RATES AND CHARGES TO BE PAID FOR WATER SERVICE, ANDOTHER DETAILS RELATING THERETO Motion was made by Councilman McMillan, seconded by Councilman Guyer, that Ordi- trance No. 18, 1965, be considered favorably on first reading and ordered published this 18 day of March, A. D. 1965, and to be presented for final passage on the 8th day of April, A. 1965. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Guyer and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The following ordinance was presented on first reading: ORDINANCE NO. 17, 1965 BEING AN ORDINANCE RELATING TO SEWER UTILITY OF THE CITY. REPEALING SECTIONS 21-44 THROUGH 21-49, INCLUSIVE OF THE CODE OF ORDINANCES OF THE CITY Off' FORT COLLINS, COLORADO, 1958, AS AMENDED; PROVIDING FOR THE OPERATION, MAINTENANCE, AND EXTENSION OF THE SEWER UTILITY, THE REGULATIONS CONTROLLING CONNECTION TO SAID UTILITY AND THE USE OF SAID UTILITY° THE RATES AND CHARGES TO BE PAID FOR SEWER SERVICE, AND OTHER DETAILS RELATING THERETO Motion was made by Councilwoman Quinn, seconded by Councilman Guyer, that Ordina No. 17, 1965, be considered favorably on first reading and ordered published this 18th day of March, A. D. 1965, and to be presented for final passage on the 8th day of April, A. D. 1965. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Guyer and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The following resolution was presented and read at length: RESOLUTION OF THE COUNCIL OF THE CITY OF FORT COLLINS SUBMITTING A PROPOSED ORDINANCE FOR THE LICENSI AND REGTLATING THE MANUFACTURE AND SALE OF MALT, VINOUS OR SPIRITUOUS LIQUORS WITHIN THE CITY TENITS OF THE CITY OF FORT COLLINS, COLORADO TO A VOTE OF THE QUALIFIED ELECTORS WHEREAS, a pr9psad ordinance has been submitted to the City Council by petition signed b 847 qualified electors of the City who comprise a number larger than fifteen per- cent (1 ,) of the total vote case in he last general City election, and WHEREAS, said petition requested that such proposed ordinance be submitted tot he vote oft he piople, and WHEREAS, a general City election will be held on Tuesday, the 6th day of April, A. D. 1965, and WHEREAS, the provisions of Article XVII of the City Charter require that t he City Council shall either pass said proposed ordinance without alteration within thirty (30) days, or submit the same to a vote of the qualified electors at said City election, and WHEREAS, said initiated ordinance is in words and figures as follows: PEOPLE'S ORDINANCE NO. 1, 1965 BEING AN ORDINANCE LICENSING AND REGULATING THE MANUFACTURE AVD SALE OF MALT, VINOUS OR SP ITUOUS LIQUORS WITHIN THE CITY LIMITS OF THE CITY OF FORT COLLINS, COLORADO. BE IT ORDAINED BY THE CITY COUNCIL OFT HE CITY OF FORT COLLINS: Section 1. 0',n and after the effective date of this Ordinance, it shall 172 be lawful to manufacture and sell malt, vinous or spirituous liquors, subject to the pro- visions contained in this Ordinance. Section 2. DEFINITION OF TERMS. (a) For the purpose of this Ordinance any place selling malt, vinous or spiri- tous liquors by the drink not in full conformity with this Ordinance is a saloon. Any place selling malt, vinous or spirituous liquors in any manner whatever but under full com- pliance with the provisions of this Ordinance is not a saloon. (b) "Person" means natural person, partnership, association, company, corporatioq, organization or manager, agent, servant, officer or employee of any of them. (c) "Malt liquors" shall include beer and shall be construed to mean any bever- age obtained by the alcoholic fermentation of any infusion or decoction of barley, malt, hops or any other similar product, or any combination thereof in water containing more than three and two -tenths per cent of alcohol by weight. (d) "Vinous liquors" shall include wine and fortified wines not exceeding twenty6 one per cent of alcohol by volume and shall be construed to mean alcoholic beverage obtained by the fermentation of the natural sugar contents of $tits or other agricultural product containing sugar. (e)` 'Spirituous liquors" shall be construed to mean any other alcoholic beverage obtained by distillation, mixed with water and other substances in solution, and included among other things brandy, rum, whiskey, gin and every liquid or solid patented or not, containing alcohol and which are fit for use for beverage purposes. Any liquid or solid containing beer or wine in combination with any other liquor except as above provided shall not be construed to be malt or vinous liquor but shall be contrued to be spirituous liquor. "Medicinal spirituous liquors" shall be construed to mean any alcoholic beverage, excepting beer and wine, which has been aged in wood for four years, bonded by the United States government, and at least one hundred proof. (f) "Alcoholic beverages" or "alcoholic liquors" shall be construed to mean malt, vinous or spirituous liquors. (g) "Distillery" means any establishment where spirituous liquors are manufac- tured. (h) "Rectified" or "Redtifying plant" means any establishment where spirituous liquors are blended with neutral spirits or other spirituous liquors of different age. (i) "Rectify" means to blend spirituous liquor with neutral spirits or other spirituous liquors of different age, (j) "Winery" means any establishment where vinous liquors are manufactured. (k) "Brewery" means any establishment where malt liquors are manufactured. (1). "Rett21l liquor store" means an establishment engaged only in the sale of malt, vinous and spirituous liquors and soft drinks and mixers, all in sealed containers for consumption off the premises and in the sale of tobaccos, tobacco products and smoker's sup (m) "Liquor licensed drug store" means any drug store licensed by the board of pharmacy of the State of Colorado which has also applied for and has been ranted a license by the state licensing authority to sell mpremisin us and spirituous liquorrs in original sealed container's for consumption off the el" means almy hment under one roof for tthe accommodation aofls ests andvhavanwith twenty or more sleeping rooms g g a dinin connection therewith and directly accessible by an entrance from within the hotel. in Tourist camps, cottage camps, rooming houses and boarding regardless of the fact that food andlodging are offered for sale g houses of any kind, are hereby declared not to be a hotel for the purposes of this Ordinance, by such places, "Resor l" means el as a limited seasont noteto exceedasixtmonthsddurind by this Ordinance, but operating during ' g ment any calendar year. aurant" means an modations,(Owhere Rintconsideration of payment ,hfood,Provided with special space and accom- niched to guests, and in which room nothing is sold , tobaccos and candies are fur- dies, and where malt, vinous and spirituous liquors excepting food, drinks tobaccos and ca`_ cepting tables and counters with stools. Any establishmentshall oconnectedewith any business whatsoever wherein any business is onducted, excepting t0 be ahe sale of food, drinks, inesstobac '0s' candies or hotel business, is herebydeclared not ant ed drinksin tainin, tobaccosrand canndieslarerfurnishedttosguests space rand aaccommodationsAny twhere tfood, taurant. Nothing herein shall be construed tog is likewise declared not to be a res' P Prohibit the use in a restaurant of orches' tras, singers floor showby s coin Operated music machines and in devices which pa rn, entertainment ing of value acommonly nd tprrovidedsinerestaurants. Nont be made to thinythin9 of value, or other forms of any may bemuusedgei.therhe use of directly oryinndirectlybling machine or device. oherein hhall authorizee use of any orpe whtc° (p) "Club" means: ich has and which has had )a membership that hhas beenthe',innorP°rated for not less than five Y0`9,,. P rent operated solely for objects of a national weer, lessee, or occupant of an esta= s atheletic nature, but not for pecuniary gain ' social, faterna ' and the Pro 1' patriotic, political or which belong to members; y as well as the advantages °+ _11_I 173 (2) A corporation which is a regularly chartered branchor lodge or chap- ter of a national organization or society, but not for pecuniary gain, (q) " To sell" or "sale" means and includes any of the following: to exchange, barter, or traffic in; to solicit or receive an order for except through a liccnsee license hereunder; to keep or expose for sale; to serve with meals; to dliver for falue or in any way other than gratuitously; to peddle, to possess with intent to sell; to possess lr trans port in contravention of this Ordinance; to traffic in for any consideration promised or obtained directly or indirectly. (r) "Sell at wholesale" means selling to any other than the intended consumer or malt, vinous or spirituous liquors. The words "sell at wholesale: shall not be construed to prevent a brewer or wholesale beer dealer from selling malt liquors to the intended consumer thereof. (s) "Sealed containers" means any container or receptacle used for holding li- quor, which container or receptacle is corked or sealed with any stub, stopper or cap. (t) "Meal" means a quantity of fold of such nature as is ordinarily consumed by an individual at regular intervals for the purpose of sustenance, in the following places: (I) In any dining room of a hotel operated for the accommodation and recep- tion of guests and travelers and where meals are regularly served at tables., and in any gue room thereof where the guest or traveler has means served therein. (2) In the dining room of a restaurant where meals are regularly served at tables or lunch counters with stools securely fastened to the floor. (u) "License" means a grant to a licensee to manufacture or sell malt, vinous or spirituous liquors as provided by this Ordinance. Section 3. UNLAWFUL ACTS." it shall be unlawful for any person: (a) To Manufacture, sell or possess for sale any malt, vinous or spirituous liquors, excepting in compliance with this Ordinance. (b) To sell malt, vinous or spirituous liquors to any person under the age of twenty-one years, or to an habitual drunkard, or to an intoxicated person, or to permit any malt, vinous, or spirituous liquors as defined by this ordinance to be sold or dispensed by a person under twenty-one years of age, or to permit any such person to participate in the sale or dispensing thereof. (c) To sell, serve or distribute any malt, vinous or spirituous liquors on any primary, general, general or municipal election day during polling; or on Sunday and Christmas except as permitted under sub -section (d) of this section. (d) To sell, serve or distribute any malt, vinous or spirituous liquorsb y the drink for consumption on the premises on week days, except Mondays, between the hours of two a.m. and seven a.m., or on Mondays between the hours of one minute past twelve a.m. and seven a.m., or on Sundays or Christmas between the hours of two a.m. and eight a.m., and after eight p.m; or to sell, serve or distribute -any such liquors in sealed containers between the hours of one minute past twelve a.m. and eight a.m., on the days prohibited by sub -section (c); but nothing herein shall prohibit the selling and serving of malt, vinous or spirituous liquors, during such hours or on such days, int he places,a nd its the manner permitted by this Ordinance. (a) To sell malt vinous or spirituous liquors in a place where the same is to be consumed, unless such place be a hotel, restaurant or club as defined by this Ordinance, or unless such place shall be a dining, club or parlor car of a railroad train engaged in the transportation of passengers. (f) To manufacture for sale or sell malt, vinous or spirituous liquors unless licensed so to do as provided by this Ordinance and unless all licenses required hereunder are in full force and effect. (g) For any person other than one who holds a license under this Ordinance to sell at retail any malt, vinous or spirituous liquors in sealed containers. (h) To manufacture or sell at retail malt, vinous or spirituous liquors except ir the permanent location specifically designated in the license fors uch manufacture and sale. Such licensee may move his permanent location to any other place in the city, but it shall be unlawful to sell any shalt, vinous or spirituous liquor at any such place until permission to do shall be granted as herein provided for. In permitting such change of location the City Council shall considerthe reason- able requirements of the neighborhood to which the applicant seeks to change his location, the dmsires of the inhabitants as evidenced by petitions, remonstrances or otherwise and all reasonable restrictions which are or may be placed upon the new district by the City Council. If such change is permitted they shall issue such permit without charge. (i) For any person, the holder of a license to sell malt, vinous or spirituous liquors, to keep in his possession or upon the premises for which license is grqnted, any malt, vinous or spirituous liquors, the sale of which is not permitted by said license. (j) To consume any malt, vinous or spirituous liquors in any place or upon any premises licensed to sell such liquor by the drink, the sale of which is not authorized by the license for such establishment. (k) To offer for sale or solicit any order for vinous or spirituous liquors in person at retail, except within his duly licensed establishment: (1) For any retailer or consumer, to buy any vinous or spirituous liquor from any person not licensed to sell and deliver at wholesale or retail or serve the same as provided by this Ordinance. 174 a h (m) To consume malt, vinous or spirituous liquor in any public place except on premises permitted hereunder to sell such liquor by the drink for consumption thereon; to consume malt, vinous or spirituous liquor at any time on such premises other than such as is purchased from such establishment; or to consume malt, vinous or spirituous liquor in any public room on such premises during such hours as the sale of such liquor is prohibited; hereunder. (n) No person shall peddle wine, beer or spirituous liquor at wholesale or by means of a truck or other vehicle, where the sale is consummated and delivery made concur- rently, but nothing herein shall prevent delivery f rom truck or ether vehicle of orders previously taken. (o) For any retail liquor store or liquor licensed drug store to have on his licensed premises any container which shows evidence of having once been opened, or which contains a volume of liquor less than that specified on the label of such container; pro- vided, however, nothing in this section shall apply to any liquor licensed drug store where the contents, or a portion thereof, shall have been used in compounding presdriptions. I (p) Who is a manufacturer or wholesaler to make any deliver of malt, vinous or spirituous liquors on Sunday or on any of the following legal holidays•, New Year's Day, Memorial Day, Independence Day, Labor Day, General Election Day, Thanksgiving Day or Christmas Day. (q) For any person licensed hereunderto display or cause to be displayed on his premises, any exterior sign advertising any particular brand of malt liquors unless the particular bvand so designated in the sign is dispensed on draught and sealed containers within the place of business or premises wherein the sign is displayed. (r) No person shall sell, serve, give away, dispose of, exchange or deliver, or permit the sale, serving, giving or procuring any malt, vinous or spirituous liquor, as defihed by Section 1, to or for any person under the age of twenty-one years, to a visibly intoxicated person, or to a known habitual drunkard. (a) No person under the age of Twenty-one years shall obtain or attempt to obtain malt, vinous or spirituos liquor.by misrepresentation of age or by any other method in any place where malt, vinous or spirituous liquor is sold.. (t) It shall be unlawful for any person to serve or consume malt, vinous or spirituous liquor on any street, alley, avenue, or park within the jurisdiction of the Cit3 including the Fort Collins Water Works Park, or on the premises of any place of public resort nor licensed underthis Ordinance. (u) No person under twenty-one years of age may have in his possession malt,`dr spirituous liquor in any store, in any public place, including public streets, alleys' roads sP hwa s or inside vehicles while upon the public streets alleys, roads or high' roads or hig y , P ways. (v) No parent or guardian shall knowingly or under conditions which an average arent,or guardian should have knowledge of, suffer or permit any person under twonty-9ne gears of age, of whom he or she may be a parent or guardian, to violate the provisions of sub -section (t) or (u) of this section. (w) Every licensee of a place where malt, vinous or spirituous liquor is sold shall display at all times in a prominent place, a printed card with a minimum heighth of fourteen inches and a width of eleven inches, with each letter to be a minimum of one-half inch in height, which shall read as follows: WARNING IT IS ILLEGAL TO SELL WHISKEY.' WINE OR BEER TO ANY PERSON UNDER TWENTY-ONE Y84g5 OF AGE OR FOR ANYPERSON IL EGAL UNDER IFEYOU ARE OVEARSOF TWENTYEONE YEARSTO SS OR OF AGBOFORTOUTTOOFUR- FUR"Q$S CHASE THE SAME• WHISKEY, WINE OR BEER FOR A PERSON UNDER TWENTY-ONE YEARS OF AGE. FINES AND IMPRISONNT MAY BE IMPOSED BY THE COURTS FOR VIOLATION OF THESE PROVISIONS. Section 4. The City of Fort Collins shall have the right to recover all sums b the terms of this Ordinance, by judgment and execution thereon in a civil action, in any Court of competent jurisdictieta; ®uoh rdmedy shall be cumulative with all other remOdies provided herein for the enforcement of this ordinance. Section 5. Failure to comply with the terms of this ordinance by repayment of license fees, securing and posting a reoeipt therefor, and to otherwise comply with theEzre Y terms of this ordinance, shall constitute an offence and violation of this ordinance• person violating this ordinance shall be fined not more than Fifty and no/100 Dollars (050.00) for each such offense, and delinquency for each calendar month shall constitute a separate offense; but no conviction for such violation shall work a revocation of the license of the defendant issued under t he laws of the State of Colorado. Section 6. LICENSE REQUIRED. No person shall sell, keep or offer for sale any malt, vinous or spirituous liquors within the City of Fort Cc1"no withmt first having received a license therefor from the City of Fort Collins as hereinafter provided. Section 7. APPLICATIONS FOR LICENSES. All applications for licenses to sell malt, vinous or spirituous liquors shall be made on he applicant to be auPPlied by the City, set tang forth the his citizenshi and how 1 ha has been nameresident the ownerthe o£itheofCollins, businegsane for which a license is desired,' premises; and the , in connection with which the pro- posed licensee will operate, date Of applicant's ownership of or interest in said business, by ed whom it andthedategof theeissuance ofetheslicenseuance ftoha license to ap;licant by the Un�e States, PPlicant by the State of Colore, 175 Licensee shall be a citizen of the United States and a resident of the City of Fort Collins, Colorado, and if a corporation, must be incorporated underthe bylaws of the State of Colorado or duly qualified to do business in the State of Colorado. Licensee shall be of good character and reputation and shall never have been con- victed of a felony or crime in any Clurt of the United States or any court of record of any state or territory in the United 6tates, and if the licensee is an association, organizatio or corporation, then the officers, directors and the stockholders and members of such asso- ciation, organization or corporation owning more than ten per cent (10%) interest therein shall be of good character and reputation and shall have never been so convicted. Each application must beverified by the affidavit of the applicant, made before a Notary Public or other person duly authorized by law to administer oaths, and the applicant shall swear that each and every statement therein contained is true of his own knowledge. Section 8. All applications for licensee shall be accompanied by a deposit with the City Clerk for the required annual license fee, and upon the rejection of any applica- tion for license, the amount so paid shall be refunded. The annual fee for a license shall be FIVE HUNDRED DOLLARS 4500). All licenses shall be good for a period of one (1) year from and after the issuance thereof, unless the same shall be revoked as hereinafter set £o Section 9. GRANTING OF LICENSES. The pity Council may cause an investigation to be made of all the facts set forth in application, before passing upon such application. After such investigation, the City Council shall grant or refuse any such application in its sound discretion, but shall not act arbitrarily but only upon good cause shown, andin accordance with the applicable statutes of the State of Colorado. No license shall be granted to any person under twenty-one years of age. All licenses granted and issued under t he provisions of this ordinance shall spec ify the date of issuance, the character and kind of license, the date of its expiration, the name of t he licensee and the place where the license is to be exercised. Section 10. CONDITIONS OF LICENSES. All licenses granted hereunder shall be granted subject to the terms and conditions of this ordinance and to all other ordinances the said City of Fort Collins applicable thereto now existing or that may hereafter be adopted. No license shall be granted to any applicant unless such applicant has existing licenses as provided by the laws of the State of Colorado. Section 11. BONDS. No license shall be issued except upon the applicant filing with the City Clerk a surety bond, with sureties approved by the City Council, in the penal sum of ONE THOUSAND DOLLARS ($l,000), which bond shall be conditioned upon the faithful observance by the licensee of all the terms and provisions of this ordinance and the pay- ment of any fine and costs imposed thereunder. Section 12. REVOCATIONS. Any license granted hereunder may be suspended immediately for cause by the City Council upon notice to the licensee, and may be revoked after a hearing held by said City Council on notice to t he licensee and opportunity to be heard. Any violation of any provision or condition of this ordinance or of any applicable statutes and/or regultions or any falsification of any statement in the application shall be grounds for revocation. No portion of the license fee paid to said City shall be return- ed upon the revocation or suspension of any license. Section 13. .Nothing in this ordinance shall apply to any dining car att aached to a railway train, when properly licensed under the laws of Colorado. Section 14. All premises where any license hereunder is granted shall be open to inspection by any police or health officer at any time during which the place so licensed Is open to the public for business. Section 15. CLUBS. No club shall sell malt, vinous or spirituous liquor except to members and to guests in the company of club members. Section 16. It shall be unlawful for any manufacturer, wholesaler and/or any person or persons, partnership, association, organization or corporation interested finan- ckally in or with any of the above -described. licenses to be interested financially, directl; or indirectly, in the business of any retail licensee licensed under the provisions of this ordinance, or fop any retail licensee hereunder to be interested financially, directly or indirectly, in the business of any manufacturer, wholesaler, or any person or persons, partnership, association, organization, or corporation interested in or with any of the said manufacturers or wholesalers licensed hereunder, or for any of the parties or persons here- inabove described to violate any provisions of the applicable Colorado statutes pertaining to unlawful financial assistance. The purpose and intent of the provisions of this section is to prohibit and preve' the control of the retail outlets for t he sale of malt, vinous or spirituous liquors de- fined in this ordinance by any person or persons and/or parties other than the retail licensee licensed under the provisions of this ordinance. Section 17. It shall be unlawful for any licensee licensed under the provisions of this ordinance to give away any malt, vinous or spirituous liquor defined under this ordinance for the purpose of influencing the sale of any particular kind, make or brand of any malt beverage and to furnish or supply any commodity or article at less than its market price for said purpose, except advertising material and signs. Section 18. It shall be unlawful for any place of public resort not having a license under this ordinance to permit any malt, vinous or spirituous liquor to be pub- licly served or consumed on its premises. Section 19. No licensee, or manager, agent, or employee of any licensee, shall serve malt, vinous or spirituous liquor except in the portions of its licensed premises, whbh are open to the public of both sexes and readily accessible for inspection at all times bir police officers, and no such beverages shall be served in any screened curtained or enclo sed booth, nor in any public pool hall or billiard room. !176 Section 20. It shall be the duty of all police officers to enforce the provis- ions of this ordinance and the rules and regulations made thereunder, and to arrestand com- plain against any person violating any of the provisions of this ordinance or rules and regulations pertaining thereto. It shall be the duty of the City Attorney to prosecute all violations of t he ordinance in the manner and form as is now provided by law for the prose- cution of violations of ordinances and it shall be a violation of this ordinance for any such person or persons, knowlingly, to fail to perform any of his duties under this section, Section 21. .Any persons or person and parties found guilty of violating any of the provisions of this ordinance or any amendments or additions hereto shall be punished by a fine of not more than $300.00 for each offense, or may be punished by confinement in the City jail for a term of not more than 90 days, and upon such conviction any license granted' and issued under the provisions of this ordinance to such person so convicted may be revok- ed and no such license shall thereafter be granted or issued to said person or party so convicted and all bonds executed undert he provisions of this ordinance shall be forfeited on said convietion of said person or party. It shall be the duty of the City Attorney to prosecute all violations of this ordinance and every police or peace officer shall make complaint of any violation of or offense under this ordinance coming to his knowledge. Section 22. All former ordinances pertaining to the licensing and regulating of he manufacture and sale of malt, vinous lr spirituous liquor are hereby repealed, and all rdinances or parts of ordinances in conflict with or inconsistent with this ordinance are ereby repealed. except that this repeal shall not effect or prevent the prosecution or unishment of any person for any act done or committed in violation of any ordinaace hereby, epealed prior to the taking effect of this ordinance. Section 23. SEPARABILITY. If any part or section of this ordinance or the appli- cation thereof to any person or circumstances is adjudged invalid by a court of competent jurisdiction, such judgment shall not affect or impair the validity of the remainder of such ordinance or the application thereof to other persons and circumstances. WHEREAS, said Article XVII further provides that said initiated ordinance shallbe published in like manner as other proposed ordinances, and WHEREAS, said Article XVII further provides if a majority of the qualified elea tors voting of the same shall vote in favor, the same shall thereupon, without further publication, become an ordinance of the City, and WHEREAS, the City Council is of the opinion that it will be for the best interest of the City of Fort Collins if said proposed ordinance be submitted to a vote of the quali- fied electors at the next City election. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT CODINS that sail proposed ordinance be submitted to a vote of the qualified electors at the general election to b e held on Tuesday, the 6th day of April, A. D. 1965. a BE IT FTTRTHER RESOLVED that the City Clerk be and he is hereby directed to publis said initiated ordinance in like manner as other proposed ordinances, and that the Board of Elections cause said proposed ordinance to be submitted to the baIlot at said next general City election as provided by the City Charter. Passed and adopted at a regular meeting of the Council held this 18th day of A. D. 1965. TTEST Miles F y Clerk G use Motion was made by Councilman Guyer, seconded by Councilwoman Quinn, that this solution be adopted. Roll was called resulting as follows: Ayes: Councilmen Johnson, lwell, McMillan, Guyer and Councilwoman Quinn. Nayes: None. The President declared the F tion adopted. The following petition was presented and read at length: yor and Council ty of Fort Collins rt Collins, Colorado ntlemen: PETITION FOR REZONING The undersigned, owners o.f more than 50% of the West half of Block 106, Harrison ddgtion to the City of Fort Collins, Colorado, do hereby respectfully petition the City ouncil and the City of Fort Collins to rezone said West half of said Block 106Harrison's ddi-tion to the City of Fort Collins, Colorado from Zong "C" Residential to Zon, ercial. e "D" Cora - na B. Shell =urge E. Wilson extrude H. Wilson PROPERTY OWNED Part of Lots 12 and 13, in Block 106 Harrison°s� Addition to the City of Fort Collins, Colorado, described as follows: Beginning 55 feet East Of the SW corner of said block, thence North 90 feet, thence East 40 feet, thence south 90 feet,` thence West 40 feet to the point of beginning, The E2 of E{ of Lot 12 and the Ea of E2 of Lot k 13 in Block 106, Harrison's Addition to the Citg of Fort Collins, Colorado. 177 March 18, 1965 Virginia R. Treadwell The South 60 feet of the W2 of Lot 11, in Block 106, Harrison's Roy T. Treadwell Addition to the City of Fort Collins, Colorado. Thomas P. Treadwell The W2 of Lot 11, Block 106, Harrison's Addition to t he City, of Fort Collins, Colorado (except So. 60 feet conveyed to Roy T and Virginia R. Treadwell) and the West 55 feet of Lot 13 and the West 55 feet of the S2 of Lot 12 in Block 106, Harrison's Addition tothe City of Fort Collins, Colorado. Otha D. King Thelma King The N2 of 02 of Lot 12, in Block 106, Harrison's Addition to th City of Fort Collins, Colorado. Albert A. Kuhlers and West 72 feet of N2 of Lot 7, Block 106, Harrison's Addition to Leona Kuhlers the City of Fort Collins, Colorado. Estate of Gertmde D. Gammon East 58 feet of N2 of Lot 7, Block 106, Harrison's Addition to By: James B. Gammon the City of Fort Collins, Colorado. Administrator Jessie F. Cushing The S! of Lot 7, Block 106, Harrison's Addition to the City of Fort Collins, 'olorado. George M. Janes Shirley P. James The N2 of Lot 8, Block 106, Harrison's Addition to the City of Fort Collins, Colorado. John 0. Toliver Harriett 8. Toliver S2 of Lot 8, Block 106, Harrison's Addition to the City of Fort Collins, Colorado. Robert Rohring Lot 9, Block 106, Harrison's Addition to the City of Fort Collir. Colorado Andrew Nelson N2 of Lot 10, Block 106. Laura G. Nelson Helen Reimer S2 of Lot 10, Block 106. Colorado State University The E2 of Lot 11 and the W2 of E2 of Lots 12 and 13, Block 106. Research Foundation Fannie May Swift East 60 feet of the West 132 feet of North 2 of Lot 7r,. Block 106 I, the undersigned, am the circulator of the foregoing petttion containing 17 sig- natures. Each signature thereon was made in my presence and is the genuine signature of the person whose name it purports to be. Signature of Circulator Isl Roy T. Treadwell 638 So. Howes St. Subscribed and sworn to before me this 2dn day of March, 1965. My commission expires: 2-18-67 /s/ Janice M. Lutz Notary lublic Motion was made by Councilman Johnson, seconded by Councilman McMillan, that this petition be referred to the Planning and Zoning Board for their recommendation. Roll was called resulting as follows: Ayes: Councilmen Johhson, Colwell, McMillan, Guyer and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The following resolution was presented and read at length: RESOLUTION OF THE COUNCIL OF THE CITY OF FORT COLLINS COMMENDING DR. RICHARD F. BOURNE FOR HIS SERVICES TO THE CITY OF FORT COLLINS' WHEREAS, Richard F. Bourne, D.V.M., has served as Food Inspector for the City of Fort Collins continuously during the period beginning April 1, 1955, and ending March 1, 1965, and WHEREAS, Dr. Bourne, in occupying said position of trust and responsibility to the citizens of Fort Collins, has capably, efficiently and courteously performedt he duties of such office, and WHEREAS, it is the opinion of the City Council that appropriate recognition for the services of Dr. Bourne should be made. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Richard R. bourne, D.V.M., be and he is hereby comended for his excel2e nt service to t he City of Fort Collins and the residents thereof. BE IT FURTHER RESOLVED that this resolution be spread upon the minutes of the City Council and the City Clerk be and he is hereby authorized and directed to prepare a certified copy of the within resolution and present the same to Dr. Richard F. Bourne. Passed and adopted at a regular meeting of the City Council held this 18th day of March, A. D. 1965. 178 ATTEST NMiles F. House Clerk Motion was made by Councilman McMillan, seconded by Councilman Guyer, that this resolution be adopted. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Guyer and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The City Manager reported that the traffic signals for Horth and South College Avenue, Riverside and Mulberry and Mulberry and Shields had cleared and should be on hand within the very near future. The following communications were presented and read at length: SPRING CREEK FARMS, INC. 1714 Lemay Ave. March 15, 1965 Mr. R. F. Boos, City Manager City of Fort Collins P. 0. Box 580 Fort Collins, Colorado Dear Mr. Boos, We are in receipt of your letter of March 10, 1965, stating a f irm proposal by the City of Fort Collins to purchase certain lands from us for t he purpose of adding to the City+s park area. After due.,consideration by all members of thft Corporation in regard to said pro, nosal, it is the unanimous opinion to reject and refuse your proposal. In addition, the stockholders of Spring Creek, Farms, Inc, do hereby withdraw any and all offers, in regard to price, to sell land to the City made prior to the date of this letter. We will, therefore, renegotiate with you to sell the C;ty land for park use at a future date. Sincerely, Spring Creek Farms, Inc. /s/ E. E. Johnson, President March 10, 1965 Mr. Edwin E. Johnson 1744 Leirej Fort Collins, Colorado Dear Mr. Johnson: ardin a Reference whs made e titthe efconference wee had Yesterday in Mr. Marcus office re- g g p P Y wort Collins desires to make to purchase certain lanos. owned by you for t he purpose of add' ing to the City+s park area. ed onbehalf ofsthe 1Citymof you, Collinsbfor the een tpurchaseructed oocommunicate to you a firm proposal acres, which proposal is necesarily with the understandingtract of land consisting of Sant by the City that ,you will donate a tract consisting of lsacres,upon Purchase of thisinsttr acrermakingme to a totalfer to purchaseyfor pricethe of $55d000i00,ng purchased at the rateThe 0ofyCouncil $1,833-33has per portionate share of the water rights used on your £armhas££er is for the land with a Pro being purchased as to the entire acreage on which such as based on the number of acres As explained to ghts are attached. of selecting the name for the�part totbe0develo developedouncil on sit fully with you in the matter? P this site and a ppropriate recognition, will be made for your gift to the City of the 15 acre tract. is od will pay lOtper centrofotheinurchase ard to the payment of the purchase price that the City P price at the time of e agreement with the rremainder of the purchase price to be paid oveg into the purchase -sale chase with npri.ceot rwill abe atthe rate 15,000 to eofafiveoperucent in any one Year, Interest rondthe unpaid of five ePur' the contract until payable semi-annually . The Cipert. wahnum from the date of entering into tract but will lease such tract back to you in accordant want immediate possession of this being entered into between the City and yourself until ith customary rental agreemen the tract for park purposes. The City would also like the City is in a position to devellp ction, if additionalthe waterfer is rightsaequaleto oneehaheroPurchase or enter at einto eanfoptionnttotpurchase transa- those being sold to the City. 179 in As was father discussed with you, it will also be necessary at the time of enter- ing/to the purchase -sale agreement in case the City's offer is accepted,t hat concurrently with such transaction a right-of-way agreement will be entered into for your granting to the city a might -of -way fort he sewer line which will be constructed from the eastern boundary of the lands to be sold to the City to the railroad right-of-way, as we have pre- viously discussed with you, thence southerly on a route to be selected across your lands which will permit accessto the site to be selected for the new filter plant for the City. As I explained in our conference, the cash price that the "ity will pay for the right-of- way is 50 cents a running foot with approximately 858 feet of right-of-way to be obtained in an easterly direction and as yet an undetermined length in a southerly direction. Such rig - of -way will be over lands which will give the City the proper course for its sewer line to b constructed, and the City will attempt to interfere with your farming operation and improve- ments to the slightest degree as possible. Other matters that will be taken care of are set ou,t in the sample agreement I handed to you. Any crop damate or damage to improvements must be negotiated. at It is the desire of the City Council that action be taken with regard to this matter/as early date as possible and in any event by March 25, 1965, before Mr. Colwell retires as a member of the City Council. Your acceptance or rejection at an early date of this offer will be appreciated. Sincerely yours, /s/ R. F. Boos City Manager Motion was made by Councilwoman Quinn, seconded by Councilman McMillan, that thes letters be accepted, recorded in the minutes and placed on file. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Guyer and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. Motion was made by Councilwoman Quinn, seconded by Councilman McMillan, that the uncil adjourn. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, Ilan, Guyer and Councilwoman Quinn. Nayes: None. The President declared the motion dopted and the Council adjourned. ST : 0