HomeMy WebLinkAboutMINUTES-02/05/1970-RegularMINUTES OF A REGULAR MEETING OF THE COUNCIL OF THE CITY OF FORT
COLLINS', Held Thursday, February 5, 1970, at 1:30 o'clock P.M.
Present: Councilmen Carson, Troxell, Lopez, Kissock and Kruchten.
City Manager Coffey, City Attorney March and Director of Public Works Liquin.
Motion was made by Councilman Kissock, seconded by Councilman Lopez,
that the readingof the minutes of the last regular meeting held January 22,
1970, and the minutes of the special meeting held January 28, 1970, be dis-
pensed with. Roll was called resulting as follows: Ayes: Councilmen Carson,
Troxell, Lopez, Kissock and Kruchten. Nayes: None. The Mayor declared
the motion adopted.
The City Manager presented the following proposal:
February 3, 1970
TO: Honorable Mayor and Councilmen
THRUUGH: Mr. Tom Coffey, City Manager
FROM: Mr. E. M. Kuppinger, Purchasing Agent
SUBJECT: Bids on Taft Associates Sewer Line.
Sealed proposals have been opened and evaluated for furnishing all materials,
labor equipment and performing all work necessary for the construction of the
Taft ASsociates Sewer L'ne. The proposals covered 2700' of 811, 6700' of
1211, 3900' of 18" and 3300' of 21" Clay Sewer Pipe. Also included -were man-
holes and all other necessary appurtenances.
A complete tabulation of all bids is attached.
J_:
Mr. Chuck Liquin and Mr. Roy Bingman have evaluated the bids and all requirements
have been met by the low bidder.
The recommendation is that Al Johnson Construction Company of Englewood,
Colorado be awarded the contract in the amount of $156,895.00. The engineering
estimate of this sewer line was $222,030.00.
Respectfully submitted,
/s/ E. M. Kuppinger
Purchasing Agent
Motion was made by Councilman Kruchten, seconded by Councilman Troxell,
that the low bid be accepted. Roll was called resulting as follows: Ayes:
Councilmen Carson, Troxell, Lopez, Kissock and Kruchten. Nayes: None. The
Mayor declared the motion adopted.
The Mayor welcomed Girl Scout Troop No. 242, who were present as vis-
itors of the City with their leader Mr. Max Getz.
The following ordinance was presented on Second Reading:
ORDINANCE NO. 1, 1970
BEING AN ORDINANCE AMENDING SECTION 19-34 OF THE CODE OF ORDINANCES OF THE CITY
OF FORT COLLINS, COLORADO, 1958, AS AMENDED, AND RELATING TO USES PERMITTED IN
MOBILE HOME DISTRICTS UNDER THE ZONING ORDINANCE OF THE CITY OF FORT COLLINS
Motion was made by Councilman Troxell, seconded by Councilman Kissock,
that Ordinance No. 1, 1970, be adopted. Roll was called resulting as follows:;
Nayes: Councilmen Carson, Troxell, Lopez, Kissock and Kruchten. Nayes:
None. The Mayor declared the motion adopted.
(ORDINANCE NO. 2, 1970
BEING AN ORDINANCE AMENDING CHAPTER 19 OF THE CODE OF ORDINANCES OF THE CITY
OF FORT COLLINS, COLORADO, 1958, AS.AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANC
AND CLASSIFYING FOR ZONING PURPOSES THE PROPERTY INCLUDED IN THE VILLAGE WEST
FIRST ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO
Motion was made by Councilman Kruchten, seconded by Councilman Lopez,
that -Ordinance No. 2, 1970, be adopted. Roll was called resulting as follows'
Ayes: Councilmen Carson, Troxell, Lopez, Kissock and Kruchten. Nayes: None.:
The Mayor declared the motion adopted.
The following ordinance was presented on second reading:
ORDINANCE NO. 3, 1970
BEING AN ORDINANCE AMENDING THE ZONING ORDINANCE OFTHECITY OF FORT COLLINS
BY CHANGING THE ZONING CLASSIFICATION FOR CERTAIN PROPERTY
Motion was made by Councilman Troxell, seconded by Councilman Kissock,
that Ordinance No. 3, 1970, be adopted. Roll was called resulting as follows:
Ayes: Councilmen Carson, Troxell, Kopez, Kissock and 'Kruchten: Nayeg: None.
The Mayor declared the motion adopted.
The following ordinance was presented on second reading:
ORDINANCE NO. 4, 1970
BEING AN ORDINANCE AMENDING CHAPTER 19 OF THE CODE OF ORDINANCES OF THE CITY OF
FORT COLLINS, COLORADO; 1958, AS AMENDED, O.OMMONLY KNOWN AS THE ZONING ORDINANCE
AND CLASSIFYING FOR ZONING PURPOSES THE PROPERTY INCLUDED IN.THE THIRD SPRING
CREEK ANNEXATION M THE CITY OF FORT COLLINS, COLORADO
Motion was made by Councilman Troxell, seconded by Councilman Kruchten,
that Ordinance No. 4, 1970, be adopted. Roll was called resulting as follows:
Ayes: Councilmen Carson, Troxell, Lopez, Kissock and Kruchten. Nayes: None.
TheMayordeclared the motion adopted.
The following ordinance was presented on second reading:'
ORDINANCE NO. 5, 1970
BEING AN ORDINANCE ANNEXING•CERTAIN TERRITORY TO THE CITY OF FORT COLLINS,
COLORADO
Motion was made by Councilman Lopez, seconded by Councilman'Troxell,
that Ordinance No. 5, 1970, be adopted. Roll was called resulting as follows:
Ayes: Councilmen Carson, Troxell, Lopez, Kissock and Kruchten. Nayes: None.
The Mayor declared the motion adopted.
The following ordinance was presented on second reading:
ORDINANCE NO. 6; 1970
BEING AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE CITY OF FORT COLLINS,
COLORADO i
Motion was made by Councilman Kruchten, seconded by Councilman Kissock ,
that Ordinance No. 6, 1970, be adopted. Roll was called resulting as follow;
J
Ayes: Councilmen Carson, Troxell, Lopez, Kissock and Kruchten. Nayes: None.
The.Mayor declared the motion adopted.
00
The following ordinance was presented on second reading:
ORDINANCE NO. 7, 1970
BEING AN ORDINANCE ANNEXING CERTAIN_ TERRITORY TO THE CITY OF FORT COLLINS,
COLORADO
Motion was made by Councilman Troxell, seconded by Councilman Kruchten,
that Ordinance No. 7, 1970, be acopted. Roll was called resulting as follows:
Ayes: Councilmen Carson, Troxell, Lopez, Kissock and Kruchten. Nayes: None.
The'Mayor declared the motion adopted.
The following ordinance was presented on first reading and read at
length:
ORDINANCE NO. 9, 1970
BEING AN. ORDINANCE AMENDING CHAPTER 19 OF THE CODE OF ORDINANCES OF THE CITY OF
FORT COLLINS, COLORADO, 1958, AS AMENDED, C014MONLY KNO'ViN AS THE ZONING ORDINANCE
AND CREATING A NEW ZONE TO BE KNOWN AS THE R-M-', MEDIUM DENSITY PLANNED RESI-
DENTIAL DISTRICT AND CREATING A NEW ZONE TO BE KNOWN AS THE R-L--M LOW DENSITY
MULTIPLE FAMILY DISTRICT AND RELATING TO CHANGING THE ZONING MAP OF THE CITY OF
FORT COLLINS SO AS TO PLACE CERTAIN PROPERTY IN SAID ZONES.
Motion was made by Councilman Kissock,seconded by Councilman Kruchten,
that Ordinance No. 9, 1970, be considered favorably on first reading and ordered
published this 5th day of February, A. D. 1970, and to be presented for final
passage on the 26th day of February, A. D. 1970. Roll was called resulting
as_follows: Ayes: Councilmen Carson, Troxell, Lopez, Kissock and Kruchten.
Nayes: None. The Mayor declared the motion adopted.
The following ordinance was presented on first reading and read at
length:
ORDINANCE NO. 10, 1970
BEING AN ORDINANCE AMENDING CHAPTER 19 OF THE CODE OF ORDINANCES OF THE CITY OF
FORT COLLINS, COLORADO, 1958, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE
AND CLASSIFYING FOR ZONING PURPOSES A PORTION OF THE PROPERTY INCLUDED IN
SPENCER SECOND ANNEXATION TO THE CITY OF FORT COLLINS,.COLORADO
Motion was made by Councilman Kruchten, seconded by Councilman Troxell,
that Ordinance No.10, 1970, be considered favorably on first reading, and order-
ed published this 5th day of February, A. D. 1970, and to be presented for final
passage on the 26th day of February, 1970. Roll was called resulting as follows:
Ayes: Councilmen Carson, Troxell, Lopez, Kissock and Kruchten. Nayes: None.
The Mayor declared the motion adopted.
The followng resolution was presented and read at length:
RESOLUTION 70-12
WHEREAS, UNION PACIFIC RAILROAD COMPANY has tendered to CITY OF FORT
COLLINS, State of Colorado, an agreement covering the maintenance- and operation
of an overhead power wire line with pole on the right of way of the Railroad
Company at Fort Collins, Colorado; said agreement being identified as Union
Pacific Railroad, Company's C.D. No. 21378-2; and
WHEREAS, the Council of the City of Fort Collins has said proposed
agreement before it and has given it careful review and consideration; and
WHEREAS, it is considered that the best interests of said City of
of Fort Collins, State of Colorado, will be subserved by the acceptance. of',, said
agreement;
r THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS, STATE OF COLORADO:
That the terms of the agreement submitted by the Union Pacific Rail
road Company as aforesaid be, and the same are hereby, accepted in .
behalf of said City;
That the Mayor of said City is hereby authorized, empowered and direct-
ed.to execute said agreement on behalf of said City, and that the City Clerk
of said City is hereby authorized and directed to attest said agreement and to
attach to each duplicate original of said agreement a certified copy of this
resolution.
'STATE OF COLORADO)
as'.
COUNTY OF LARIMER)
Motion was made by Councilman Kissock, seconded by Councilman:•=Lopez,:
that this resolution be adpted.. Roll was called resulting as follows: Ayes:
Councilmen Carson, Troxell, Lopez,.Kissock and Kruchten. Nayes: None. The
Mayor declared the motion adopted.
The following report was presented and read at length:
Februar Y 4, 1970
TO: Fort Collins City Council
FROM: Planning and Zoning Board
SUBJECT: #1-70 Consider rezoning petition involving approximately 5.acres
from RH, High Density Residential to RMP, Planned Medium Density
Residential and RP, Planned Residential zoning.
The Planning and Zoning Board considered this item at its February 3, 1970 meet=
ing and recommends approval.
Petitioners: Jack Fahrenbruch, Leslie Allison and Phil Riddell
Location: NW'4 of Section 25, 100 feet south of East Drake Road and east
of Leisure Drive.
Respectfully submitted,
/sl Robert 0. Engelke
Acting Secretary
Motion was made by Councilman Troxell, seconded by Councilman Kissock,
that the recommendation of the Planning and Zoning Board be accepted and the matte:
referred to the City Attorney to prepare the necessary resolution and notice of
hearing. Roll was called resulting as follows: Ayes: Councilmen Carson,
Troxell, Lopez, Kissock and Kruchten. Nayes: None. The Mayor declared the
motion adopted.
The following report was presented and read at length:
February 4, 1970
TO: Fort Collins City Council
FROM: Planning and Zoning Board
'SUBJECT: #95-69 Consider zoning for the Fourth Spring Creek Annexation involy-
'ing approximately 6.10 acres. Present County zoning FA, Farming
District zoning.
F
The Board considered this item at its February 3, 1970 meeting and recommends
R-L, Low Density Residential zoning.
Owners: Several
Locztion: NW4 of Section 23, approximately.1,181 feet south of Prospect Road
on Whitcomb Street.
52
G
Respectfully submitted,
/s/ Robert 0. Engelke
Acting Secretary
Motion was made by Councilman Kissock, seconded by Councilman Troxell,
that the recommendation of the Planning and Zoning Board be accepted and the
matter be referred to the City Attorney to prepare the necessary resolution and
ncb.ceof hearing. Roll was called resulting as follows: Ayes: Councilmen
Carson, Troxell, Lopez, Kissock and --.Kruchten. Nayes: None. The Mayor .
declared the motion adopted.
The following report was presented and read at length:
r
February 4, 1970
TO: Fort Collins City Council
FROM: Planning and Zoning Board
j SUBJECT: $94-69 Consider zoning for the Maxfield Second Annexation involving
approximately 12,54 acres. Present County zoning, E3, Estate District
and R, Residential District zoning.
The Board considered this item at the February 3, 1970 meeting and recommends
R-L, Low Residential zoning.
Owners: Several
Location: SE'-4 of Section 15, north of Prospect Road, 330 feet west of Shields
Street.
Respectfully submitted,
/s/ Robert 0. Engelke
Acting Secretary
Motion was made by Councilman Lopez, seconded by Councilman Kruchten,
that the recommendation of the Planning and Zoning Board be accepted and the
matter be referred to the City Attorney to prepare the necessary resolution and
notice of hearing. Roll was called resulting as follows: Ayes: Councilmen
Carson, Troxell, Lopez, Kissock and Kruchten. Na-yes: None. The Mayor
declared the motion adopted.
The following report was presented and read at length:
February 4, 1970
TO: Fort Collins City Council
FROM: Planning and Zoning Board
SUBJECT: #4-70 Consider the West LaPorte Avenue Third Annexation and zoning
involving approximately 6.5 acres. Present County zoning FA, Farming
District:
The Board considered this item at the February 3, 1970 meeting and recommends
the annexation with M , Low Density Residential zoning.
1
Owners: Several
Location: East ig of Section 9, north and south of LaPorte Avenue and West of
Taft Hill Road.
Respectfully submitted, - "
/a/ Robert 0. Engelke
Acting Secretary
Motion was made by Councilman Kissock, seconded by Councilman Troxell, -
that the recommendation of the Planning and Zoning Board be accepted and the
matter be referred to the City Attorney for the preparation of the necessary
53
ordinance. Roll was called resulting as follows: Ayes: Councilmen
Carson, Troxell, Lopez, Kissock and Kruchten. Nayes: None. The Mayor
declared the motion adopted.
The following report was presented and read at length:.
-February 4, 1970
TO: Fort Collins City Council
FROM: Planning and Zoning Board
SUBJECT: #5-70 Consider the West LaPort e Avenue Fo urth Annexation and
The Board considered this item at the February 3,'1970 meeting and recommends
the annexation with RM, MediuT Density Residential zoning.
Owners: Eleanor Arnold and William Redd
Location: SE4 of Secticn 9, south of LaPorte Avenue and 975 feet west of Taft
Hill Road.
Respectfully submitted,
/s/ Robert 0. Engelke
Acting Secretary
Motion was made by Councilman Kissock, seconded by Councilman Troxell,
that the recommendation of the Planning and Zoning Board be accepted and the
matter be referred to the City Attorney to prepare the necessary ordinance.
,Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell,
Lopez, Kissock and Kruchten. Nayes: None. The Mayor declared the motion
adopted.
The following report wa's presented and read at length:
February 4, 1970
TO: Fort Collins City Council
FROM: Planning and Zoning Board
SUBJECT: #6-70 Consider the West Elizabeth Street Third Annexation and zoning
involving approximately 13.10 acres. Present County zoning FA,
Farming District.
The Board considered this iten at its February 3, 1970 meeting and recommends the
annexation with RL, Low Density Residential zoning.
Owners: Several
Location: NE4 of Section 16, north of'Elizabeth Street and approximately
mile west of Taft 'Hill Read.
Respectfully submitted,
/s/ Robert 0._.Engelke
Acting Secretary
Motion was made by Councilman Troxell, seconded by Councilman Kissock,
that the report of the Planning and Zoning Board be.accepted and the matter be
referred to the City Attorney for the preparation oitYr necessary ordinance.
Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell,
Lopez, Kissock and Kruchten. Nayes: None. The Mayor declared the motion
I Y
adopted.
The following report was presented and read at length:
February 4, 1970
TO: Fort Collins City Council
V
1
FROM: Planning and Zoning Board
SUBJECT: #3-70 Consider Greenwalt Sixth Annex ation petition involving approx-
imately 34.6 acres with RP, Planned Residential zoning. Present
County zoning FAL, Farming District zoning.
The Board considered this item at its Februry 3, 1970 meeting and re-
commends the annexation with the annexation with RP, Planned Residential zoning.
Petitioner: Poudre Valley Construction Company
Harold H. Miller, President
Location: NE4 of Section 30, south of Drake Road and west of the Union
Pacific Railrorl.
Respectfully submitted,
/sl Robert 0. Engelke
Acting Secretary
Motion was made by Councilman Kruchten, seconded by Councilman Troxell-,
that the report of the Planning and Zoning Board be accepted and the matter be
referred to the City Attorney to prepare the necessary ordinance. Roll was
called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez,
Kissock and Kruchten. Nayes: None. The Mayor declared the motion adopted.
The following report was presented and read at length:
February 4: 1970
TO: Fort Collins City Council
FROM: Planning and Zoning Board
SUBJECT: #l16-69 Consider plat of Village "West", First Filing involving 13.56
acres with RL, Low Density Residential Zoning
The Board considered this item at its January 6, 1970 meeting and recommends
approval.
Developer: Bartran.Homes, Inc.
William D. Bartran, President
.Location: SW4 of Section 22, approximately 4 mile north of Drake Road and
east of
Respectfully submitted,
/sl Robert 0. Engelke
Acting Secretary
Motmn was made by Councilman Troxell, seconded by Councilman Lopez,
that the recommendation of the Planning and Zoning Board be accepted and the plat
approved. Roll was called resulting as follows: Ayes: Councilmen Carson,
Troxell, Lopez, Kissock and Kruchten. Nayes: None. The Mayor declared the
motion adopted.
The City Manager advised the Council that he had purchased 5 shares of
North Poudre Stock fromW. J. Kremers for $1,200.00 per share and agreed to rent
it back to him for ten years. Motion was made by Councilman Kruchten, seconded
by Councilman Troxell, that this agreement be accepted. Roll was called re-.
sult:ing as follows: Ayes: Councilmen Carson,.Troxell, Lopez, Kissock and
Kruchten. Nayes: None. The Mayor declared the motion adopted.
The followd ng right of way agreement was presented and read at length:
RIGHT OF WAY AGREEMEIU
6
The following right of way agreement was present=d:
RIGHT OF WAY AGREEICHUT
This agreement , made and entered into this_5th day of February,
A. D. 1970, by.and between LADCO, Inc. of the County of Larimer, State of Colorado
party of the first part, and the City of Fort Collins, a -Municipal corporation
of the County of Larimer, State of Colorado, party of the second part, WITNESSETH:
That for and in consideration of the covenants and agreements herein
and the sum of One.Dollar ($1.00) and other valuable considerations in hand
paid by second party to first party, receipt of which is hereby acknowledged,
first party has granted and conveyed, and by these presents does grant and
convey to second party, its successors and assigns, a Twenty (20) foot Wide
right of way for the construction, maintenance, servicing and operation of
an underground sewer line in and upon lands situate in the County of Larimer,
State of Colorado, the center line of said right of way being as follows,to-wit:
Beginning at the Northwest corner of Section 27, Township 7 North,
Range 69 West of the 6th P.M., thence N. 90°001 E. 1970.36 feet along the north
line of said section with all bearings relative thereto, thence, S. 33°17'33" W.
35.89 feet to the true poiknt of beginning, thence continuing S. 33°17'33" W.
334.55 feet, thence 3. 00°33130" E. 871.69 feet, thence S. 89047'45" W. 650.00
feet more or less to the point of terminus on theYest property line.
First party further agrees that during the construction of said sewer
line, second party may use a 30 foot wide area along said right of way line,
in addition to the permanent right of way granted above.
As part of the consideration hereof, and by acceptance of this grant
of right of way, said second party agrees as follows:
1. That no more of said lands shall be used for the purpose of con-
structing and maintaining said sewer line.than may be found absolutely,necessary
by the engineers and contractors in charge of the work.
2. That said sewer line shall be laid so that the top of the line
shall be at least two and one-half (22) feet below the surface level of the
ground.
3. All trenches and excavagions made in the laying or repairing of
such pipeline shall be properly backfilled and as much of the original surface
soil as possible shall be placed on top. All large gravel, stones., and clods
will be removed from the finished backfill. Second party will finish the
backfill after normal settling of the soil so that the use and enjoyment of
said land by first party will be suitable for the.purpose now used. Second
party will maintain the trench area for a two (2) year peri:a following the
completion of construction.
4. Second party agrees to pay to first party,a sum computed at the
rate of fifty cents (501) per lineal foot of easement along the lands of first
party and the total sum to be so paid is $1,856.24 Dollars. Payment to be
within thirty days.
5. Secondl,party agrees to repair and replace all fences or_pasture
which may be damaged in the course of construction.
Whenever used herein the singular number shall include theplural,
the plural the angular, and the use of any gender shall be applicable to all
genders. All of the covenants herein shall b e binding upon the respective
heirs, personal representatives, successors and assigns of the pa rties hereto.
It is understood and agreed that this agreement shall be binding upon
the heirs, successors or assigns of the parties hereto.
In WITNESS WHEREOF, first party has hereunto set his hand and seal
the day and year first above written and second party has caused this agreement
to be executed by its Mayor and its corporate seal to be hereunto affixed,
attested by its CityClerk pursuant to motion adopted by the City, Council of UP
City of Fort Collins, on the 5th day of February, A. D. 1970.
LADCO, Inc.
By: Gene M. Allen
Vice President
THE CITY OF FORT COLLINS
By Karl E. Carson, Mayor
56
After discussion, motion was made by Councilman Troxell,.seconded
by Councilman Kruchten, that this easement be approved. Roll was called
resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez, Kiseock
and:Krucht--n. Nayes: None. The Mayor declared the motion adopted.
The City Manager advised the Council that bids for purchase of
chemical requirements for 1970 were received. Van Waters and Rogers has -
the low bid among four bidders of $30,263.50. After discussion, motion was made
by Councilman Kissock, seconded by Councilman Lopez, that the bid be awarded
to Van Waters & Rogers in the amount of $30,263.50• Roll was called resulting
as follows: Ayes: Councilmen Carson, Troxell, Lopez, Kissock and Kruchten..
Nayesi None. The Mayor declared the motion adopted.
The final hearing on the application for the sale of Fermented Malt
Beverages by Southland Corp., dba 7-Eleven Store at 216 West Prospect, was pre-
sented. Mr. Russel Pugh, Attorney representing the Southland Corp., was pre-
sent and presented Exhibit A, which were petitions circulated, consisting of 81
area residents and 162 from customerscf the store. These were presented to the
City Attorney and Council. Mr. Pugh presented Mr Robert L. Wilking of 23 Aggie
Village and Mr. Tom Reed of 406 Peterson, managers of the store, who were sworn
in as witnesses. They were asked to identify the petitions and asked if they
witnessed tahe signatures that were not notorized, which they said they did.
Exhibit B were three letters of recommendation for Mr. Tom Reed. These were
marked for identification.. Exhibit C was a lay out sketch for this place of
business. These exhibits were presented to the Council and accgted as evidence.
Mr. Keely Parker, Northern Colorado District Manager for Southland Corp., was
present and sworn in for questioning. Ib stated that there were 17 "stores that
have off -premise beer licenses. That 7-Eleven-stores were convenient grocery
stores and carry a somewhat limited stock, not like a super market. He was
asked if he had encountered any violations and he stated that he had not. Mr.
Everitt Henderson, 224 Milky Way, was present and sworn in as a witness. He
stated he is in charge of the 7-Eleven store at 1001 Lemay Avenue, that there
had been. no violations there selling beer, a strict policy is maintained and
rigid inspection once a month. Councilman Lopez asked if they, would have to
carry more help in case trouble came up. Mr. Parker stated if business increases
that they would hirerm re help to check ID's, etc, that the help is at least
21 years of age, that the sale of beer is 18% of their business. Mr. Tom Reed
Manager of the store at 216 West Prospect, appeared again and was asked the
.procedure theky'follow selling beer in the dare. He stated that they sell it
over the counter and ask the customer for identification at the time. Mrs.
Martha Thomas asked how they identify those that do not have a drivers license y
None. The `Mayor declared the motion adopted.
The Mayor presented a communication which waspresented and read
at length:'
STATE OF COLORADO
January 28, 1970
Honorable Karl E. Carson
Mayor
Mr. John Bartel
P,jty Clerk
City of Fort Collins
Municipal Building
Fort Collins, Colorado
Gentlemen:
Thank you very much for your courtesy ..in sending me a copy of the Re-
solution.passed by the Council,regarding.our efforts to control pollution of the
environment within the State.
I am pleased to know of your support in this important program and I
appreciate your courtesy.'
Sincerely
- /sl John A. Love
The, .City Manager advised the Council that an architect will appear
before the 'Council next week regarding housing for the aged.
The following letter was presented.and read at length:
January 30, 1970
Re: West Elizabeth Third Annexation
Dear Sirs:
On Tuesday evening January 20, 1970, I attended a meeting in the Fort Collins
Council Chambers on the forced annexation of my property, located in the County
of Larimer and State of Colorado, to -wit:
Considering the East line of section 16, Towndip 7 North, Range 69 West 6th P.M
1-8 '
s bearing North and South and with all bearings herein relative thereto: -
Beginning at a point which bears South 2640 feet and again West parallel to the
North line of said Section 16, 1980 feet from the Northeast corner of said Sec-
tion 16, thence North parallel to the East line of said Section 16,435.60 feet;
thence West parallel to the North line of said Section, 100 feet, thence South
parallel to the East line of said Section ,.35.60 feet; thence East 100 feet .to
the point of beginning
Known as 2540 West Elizabeth, Fort Collins, Colorado. The meeting was conducted
by Fort Collins City'Manager Tom Coffey.
Being fully aware that the forced annexation will ultimately cost me several
thousand dollars a-d devaluation of my property and having voiced my objections at
said meting, I, We hereby protest'the forced annexation of the above property.
Duayne,E. Barnhart
LaVerna M. Barnhart
2504 W. Elizabeth
The City Attorney presented the following resolution which was read at
length: 70-1
RESOLUTION
OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING THE APPLICATION BY THE CITY
OF FORT COLLINS FOR THE TEMPORARY USE OF 10 ACRE FEET OF WATER FROM THE WORKS
OF THE NORTHERN (DLORADO WATER CONSERVANCY DISTRICT.
She was informed that they carry ID cards. The Mayor stated that the
Council was very strict in the issuing of licenses to sell beer and asked if the
fire extinguishe that was not mounted when inspected by the Fire Inspector, has:;
been properly mounted: He was informed that it had been. After discussion,
motionies made by Cod6 'cilman Lopez, seconded by Councilman Kissock, that this
application for a license be taken under advisement. Roll was called resulting
as follows: Ayes: Councilmen Carson, Troxell, Lopez, Kissock and Kruchten.
Nayes: None. The Mayor declared the motion adopted.
The hearin g on the application for the sale of Fermented Malt Beverage:
by Matilda Maxwell dba La Sierra Cafe, 220 W. Mountain, was presented. Mrs.
Maxwell was present and sworn in. She presented petitions which the City Attor-
ney said were.not valid since they were inproperly worded and did not signify the
need s of the neighborhood. She was asked by the City Attorney how long she had
operated this business. She stated 8 months, that she served Mexican food
and had many requests for beer with this food. Mr. Gordon Clyde, the.Buildi.ng
Inspector had prepared a letter with some deficiencies to be corrected at this
.placecof business. The City Attorney advised the Council to take this beer
application under advisement. Motion was made by Councilman Kissock, seconded
by Councilman Kruchten, that this application be taken under advisement and to
be reported on at a later date. Roll was called resulting as follows: Ayes:
Councilmen Carson, Troxell, Lopez, Kissock and Kruchten. Nayes: None. The
Mayor declared the motion adopted. It was stated that there were some defi-
ciences listed by the Fire Inspector and that thys license be processed when all
d'evidiencies are taken care of. An automatic sprinkling system should also be -
installed.
An application for U-B renewal of the Fermented Malt Beverage License by
Gene's Tavern at 200 Walnut Street, which is to ex pire FebrLEry 10,1970, was
presented. Since '..there are cases and investigations on record in the
Police Department for selling beer to minors,.it was the recommendation of the
City Attorney that the Council hold a hearing as soon as -possible. He stated
that according to regulations, the -Council cannot revoke this license and a
hearing must be held within 15 days. Councilman.Kissock asked if these
offenses were grave enough to hold a hearing. He was informed that selling
beer to minors was a serious matter and a hearing was mandatory. The Pine
Tavern also has a series of violations. After discussion, motion wasmade by
Councilman Lopez, seconded by Councilman Troxell, that a hearing on the offenses'.:
and violations of the Pine Tavern and Gene's Tavern be.held Sa.turda,y-February
7, 1970, at 11:00 A.M. in the Council'Chambers. Roll.was called resulting.as
follows, Councilmen Carson, Troxell, Lopez, Kissock and Kruchten. Nayes:
--
WHEREAS the City of Fort Collins has acquired 10 acre feet units of wat
k.ater of the Northern Colorado Water Conservancy District; and
/WHEREAS, the Board of Directors of the Northern Colorado Water Conservancy
District requires that the City of Fort Collins enter into temporary use permit
agreements with said District for the transfer of said Water; and.
WHEREAS, the Northern'Colorado Water Conservancy District has submitted
jappropriate forms of temporary use permit agreements to be entered into by the
City of Fort Collins,,._
s
NOW,. THEREFORE, GE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLRINS, that the Mayor and City Clerk be and they hereby are authorized and dir-
ected to apply for the temporary use of said 10 acre feet of water by
entering i-nto temporary use'Permit with the Northern Colorado Water
Conservancy District.
Passed and adopted at a regular meeting of the City Council held this
5th day of February, `�A. D. 1970.
c ` /s/ Karl E Carson
ATTEST:
/sl John Bartel
City Clerk'
Mayor
Motion was made by Councilman Kruchten, seconded by Councilman Lopez,
i
that this resolution be adopted. Roll was, called resulting as follows:
Ayes: Councilmen Carson, Troxell, Lopez, Kissock and Kruchten. Nayes: None.
The Mayor declared the motion adopted.
The City Manager stated that he had met with the County Commissioners
on'moving the Municipal Court to the County Court House, with plans for renting
court space, Judge's Chambers, Jury room and a Clerk's room, for $250.00 a
month, and worked out a tentative agreement. Six months notice to be given: the
City should the _County have need for this room. Motion was made by Councilmn
1 Kissock, seconded by Councilman Lopez, that this agreement be approved. Roll
i
` was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez,
Kissock and Kruchten. Nayes: None. _The Mayor declared the motion adopted.
l
The City Manager asked permission 9f the Council to '_proceed with the
drafting the specifications for a three bedroom house at the new golf course.
He stated they were considering a plan submitted. This would be of redwood con-
struction and located so that the occupants can see all of the golf course.
After discussion, motion was made by Councilrm Kissock, seconded by Councilman
Troxell, that this request be grantE . Roll was called resulting es.follows:
Ayes: Councilmen Carson., Troxell, Lopez, Kissock and Kruchten:'' Nayes: None.
The Mayor declared the motion adopted.
A replat of Lots 8 and 9 in the Kessler Subdivision, was presented.
Motion was 4ade by`Councilman Troxell, seconded by Councilman .Kissock, that this
plat be approved. Roll was called resulting as follows: Ayes: -Co uncilmen
Carson, Troxell and Kissock. Nayes: Councilman Lopez, and Kruchten.
6o
A request for reconsideration of the motion as made by Councilman
Lopez, seconded by Councilman'Troxell, to set the hearing date at- 11,00
o'clock A.M., Saturday, February 7, 1970, for both Gene's Tavern and the Pine
Tavern.
After some discussion; motion wa;made by Councilman Kruchten, seconded
by Councilman Kissock, to set the hearing date for 11:00 A M., Saturday,
February 7, 1970, for Gene's Tavern and February 19, 1970, as the time for hear
ing for the Pine Tavern. Roll was called resulting as follows: Ayes:
Councilmen Carson, Troxell, Lopez, Kissock and Kruchten. Nayes: None. The
•Mayor declared the motion adopted.
After additional discussion concerning the Kessler Subdivision Replat,
motion was made by Councilman Troxell, seconded by Qouncilman Lopez, that the
motion to,approve this matter be reconsidered, and the-replet of the: Kessler
Subdivision be tabled indefinitely. Roll was called resulting as f flows:
Ayes: Councilmen Carson, Troxell, Lopez, Kissock and Kruchten.. Nayes:
r
None. The Mayor declared the motion adopted.
Motion was made by Councilman Kruchten, seconded by Councilman Troxdll,
that the Council adjourn until 11:00 A7M., Saturday, February 7, 1970•
Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell,
Lopez, Kissock and Kruchten. Nayes
adopted and the Council adjourned.
ATTEST:
City Cle
None. The Mayor declared the motion
t
May r
-
r