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HomeMy WebLinkAboutMINUTES-01/28/1965-Regular®® rI MINUTES OF A REGULAR MEETING OF THE COUNCIL OF THE CITY OF FORT COLLINS, Held Thursday, January 28, 1965, at 1:30 o'clock P.M. Present: Councilmen Johnson, Colwell, McMillan, Guyer a nd Councilwoman Quinn. City Manager Boos, City Attorney March and City Engineer Fischer. Motion was made by Councilman Guyer, seconded by Councilwoman Quinn, that the reading of the minutes of the last regular meeting held January 21, 1965, be dispensed with Roll was called resulting as i'ollows; Ayes: Councilmen Johnson, Colwell, McMillan, Guyer and Councilwoman Quinn,. Nayes: None. The President declared the motion adopted., The following report was presented and read at length: January 27m 1965 To: The Honorable Mayor and City Council From: Ken Christensen, Chief Building Inspector Subject: Real Estate Office, 1415 South College Avenue Please refer to the copy of the minutes of the Zoning Board of Appeals meeting held November 10, 1964, pertaining to the above address which was included with the City Council Agenda for January 28. Since this meeting, this office has received no complaints regarding violations of the home occupation. Consequently, this office had no reason to suspect a possible violation. It is therefore very difficult to prepare a report on the mi dition enies since January asof2January 21, 1965. So this report will Primarily be based on occur - On Saturday, January 23, 1965, a month -to -month rental agreement was consumated between the lessee of the building located at 115-117 South Howes Brack for approximately 800 square feet of Street and Mfl. and Mrs. floor space. It is understood that this matter had been discussed approximately a month before the final arrangements were made. Accord- ing to a neighbor, a truck load of office furniture was removed from the 1415 South College address on January 24, 1965, and presumably was delivered to the 115 South Howes address. A phone was not installed in the office at 115 South Howes until January26 1965, which could account for some traffic at the 1415 South College addresa, ' he ent of r. of both thet1115tSouthtCollegeMandand theM115 South that they will continue to operate out 4 g Howes add, with addresses the annex.ess Anynadditiona; salesown as the main opeopleffice �willnd hbelwork415 iinuth College addressebeing115 South knownHases g only from the 115 South Howes addre' Mr. and Mrs. Brack have been very congenial intrying to office. On occasions, upon inspections_, it has been inccooperate with this cooperate whether a sign was or was not in violation. They have immediately removed such debatable signs. It was their tooth, nani intent, when the two sales people were hired, that an office would be placed near Horse - still conceivablebut cthatanofficecouldbe o ng a t elephone without a substantial wait. It is it is period in the Horsetooth area in the future. at the Zoning Ordinance mand pcan osee hno reasonrwhgement as it exists now is in compliance of the y this matter should be brought up again. Respectfully submitted, /a/ Ken Christensen Chief Building Inspector And the excerpts from the minutes of the Zoning Board of Appeals meeting held November 10, 1964, in reference tothe Fort Collins Realty, Inc,, which was refexrod to the Zoning Board of Appeals by the City Council, were presented. After discussion, relative v to the new petition which -was filed at last weeks meeting, motion was made by Councilman Guyer, seconded by Councilman Colwell, that this petition be denied. Roll was called resultinandsCfoollows: Ayes: Councilmen Colwell, McMillan and Guyer, Nayes: Councilman JohnsonQuinn. The President declared the motion adopted. The matter of the request of Pat Griffin to construct a service station at River- side and Endicott Street, which was tabled at last weeks meeting, was again presented. The following report was presented: Robert F. Boos City Manager January 19, 1965 Re: Application of pat Griffin to constrUcl Service Station on Riverside Drive at Endicott Street. As directed by the Council offer ttherfollowing an y 14, 1965, I have considered the request referred to above, and offer meeting January comments and observations: 1. location under Highway ction yn14d5ndtion is in very Riverside Drive proximity to the inter8ec- tion of State Highwa is shown on the attached The relationshi of the area scaled drfawin p ea g ( the heavy lin y. �= • n area being the tract under consideration). This intersection is about as congested as any intersection in the City. In addition to the basic fact that it is the intersection of two of the City's heaviest traffic carriers, the following adverse conditions exist: a.) The two streets are not normal, resulting to increased area in the cen- ter of the intersection where accidents can occur. b.) The intersection involves the crossing of two different railroads in addition to the vehicular traffic. c.) Turning movements are as dominant through the intersection asLhe straight movements. Because of the traffic problems already existing at he intersection, Council should consider carefully a proposition to permit the construction this close of a facility having the traffic generation characteristics of a service station. Reviewing Section 9-22 of the City Code, it would appear that the plans as submit+ ted would be in violation in the following specific instances. 1. Section 9-22, A. requires that the average depth of the 1 of be 100 feet. Considering the whole of the two lots owned by the applicant (including the area in the Southeast corner shown dashed) the average depth would be approximately 89.5 feet. 2. Section 9-22, ll, requires "Every gasoline or oil tank, pump, lift, fil- ling, greasing, or other device, applicant or apparatus is loss ad at least 25 feet from any street line and at least 5 feet from the side and rear lines of the premises". According to the plan submitted,t he front .pump island will be 20 feet from Riverside Drive and the closest gasoline storage tank is 5 feet from Endicott Street. Locations of grease racks, lifts, etc, are not shown on the drawing filed. Is/ C. Adam Fischer Director of Public works. Mr. Ralph Coyte presented a change of the plat and a new survey of the property to be used and the location of the pumps of the service station on this property which would comply with the building code regulations. After discussion, motion was. made by Councilman McMillan, seconded by Councilwoman Quinn, that this request be approved. Roll wascalled resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Guyer and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The City Manager requested that the report of the City Engineer on the 2-1aour parking in front of the Petroleum building be tabled for one week. Motion was made by Councilman Johnson, seconded by Councilwoman Quinn, that this request of the City Manager be approved. 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 Airport Committee had recommended that the airport be operated by a private operation. He stated that Loveland had already approved calling of bids for said operation. The following resolution was presented and read at length: RESOLUTION OF THE COUNCIL OF THE CITY OF FORT COLLINS ISSUING A CALL FOR BIDS FOR A FIXED BASE OPERA- TOR FOR THE FORT COLLINS,-LOVELAND AIRPORT WHEREAS, the Interim Committee for the Fort Collins - Loveland Airport has recom- mended to the City Councils of the Cities of Fort Collins and Loveland that there be a fix- ed base operator for the Fort Collins - Loveland Airport, and that said Cities issue a call for bids for said fixed base operation, and WHEREAS, the consulting engineers have prepared specifications and other related bid forms to be used for said purpose, and HtHEREAS, said specifications and other related documents have been approved by the Interim Committee and recommended to the City Councils of the Cities of Fort Collins and Loveland, and WHEREAS, in the opinion of the City Council, it would be in the best interests of the City of Fort Collins to have a fixed base operator for the Fort Collins - Loveland Air- port, and to issue a call for bids for paid fixed base operation. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS, that the y the approved1bycthe oInterim Committee ns and other tfor ed dthe mFort Colents pinsd-bLoveland nAirport concerningsulting engineers aad fixed base operation be, and the same hereby are approved and adopted, and BE IT FURTHER RESOLVED that the Mayor be, and he is hereby authorized aid direct- ed to issue a call for bids for a fixed base operator in ac ordance with the specification; and other related documents herein adopted as provided by law, and the date for opening of bids shall be the 24th day of March, A. D. 1965, and all bids received shall be submitted to the City for approval or rejection. Passed and .adopted at a regular meeting of the Council held this 28th day of January, A. D. 1965. s/ Harvey G. Johnson ayor ATTEST: Isl Miles F. House City Clerk Motion was made by Councilman Colwell, seconded by Councilman McMillan, 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 second reading: ORDINANCE NO. 1, 1965 ACCEPTING AND APPROVING THE PLAT OF WHAT IS KNOWN AS THE SOUTH TAFT HILL THIRD ANNEXATION TO THE CITY OF FORT COLLINS AND TO BE TNCLUDED 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, 1, 1965, be adopted and become a law upon passage. 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 ordinance was presented on second reading: ACCEPTING AND APPROVING THE. PLAT OF WHAT IISDKNOWNEASOTHE ALVIN L. MILLER SECOND FOOTHILLS ANNEXATION TO, THE CITY OF FORT COLLINS AND TO BE INCLUDED WITHIN THE LIMITS AND JURISDIC- TION THEREOF, PURSUANT TO THE AUTHORITY CONTAINED IN ARTICLE 11, CHAPTER 139, COLORADO REVISED STATUTES, 1953 Motion was made by Councilman Guyer, seconded by Councilwoman Quinn, that this resolution be adopted and become a law upon passage. Roll was called resulting as fo]bw's' Ayes: Councilmen Johnson, Colwell, McMillan, Guyer .and Councilwoman Quinn. Nayes: None, The President declared the motion adopted. Ordinance No. 3, 1965, Second reading, on the Underdown Annexation, was pro and the City Attorney reported that one of the conditions of the annexation was the dedit cation of 20 feet for street purposes which had not been, done at this time. Motion was made by Councilman McMillan, seconded by Councilman Guyer, that this ordinance be tabled for one week and that Mr. Underdown be notified that the dedication of 20 feet must be ma« Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Guyes and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The report of the bids received on wire and cable for the Light and Power Depart ment were presented as follows: Ryall Electric Co. Anaconda $ 40,776.18 Mine & SmelterSupply 43,651.26 Hendrie & Bolthoff Company �+1:110.85 Graybar Company 39449.00 The City Manager recommended that the bid of 42,579.97 y Quinn, seco Hendrie & Bolthoff of $39,449.00 be accepted. Motion was made b Councilwoman nded b the bi y of Guyer, that the recommendation of the City Manager be approved and d of Hendrie Roll was called resulting as follows: Ayes: Councilmen Jo & bolthoff be accept+ and Councilwoman Quinn. Nayes None. The President declared sont Colwell, McMillan, Guyer motion adopted. 91 The following petition was presented and read at length: PETITION AND APPLICATION FOR ANNEXATION TE OF COLORADO) ) as. NTY OF LARIMER) TY COUNCIL OF THE CITY OF FORT COLLINS" RT COLLINS, COLORADO TLEMEN : WHEREAS, We the undersigned are the owners of more than 50% of the area and com- prise the majority of land owners residing in the area which is described as situate in the County of Larimer, State of Colorado, to -wit: Begin at a point which bears East 275.00 fAet from the SW corner of said Section 36, said point lying on the South line of the SW4 of said Section 36, and run thence East 1045.00 feet more or less to the the SE corner of the SW4 of the SW4 of said Section 36; thence Nort 331.83 feet along the East line of the SW4 of the SW4 of said erection 36, to a point lying on the Southerly line of the North College Annexation to the City of Fort Collins, Colorado; thence West along said Southerly line of said North College Annexation to a point which bears East 215.00 feet from the West line of said Section 36; thence South parallel with the West line of said SW4 149.83 feet; thence East 60.00 feet along the boundary line of said North College Annexation; thence South 182.00 feet -along the boundary line of said North College Annexation to the point of beginnin g. containing 8.167 acres, more or less. AND WHEREAS, waid lands a re contiguous with the City Limits of the City of Fort ollins, Colora4 ,and more than one -sixth of the aggregate external boundaries of said lands oincide with the existing boundaries of the City of Fort Collins. WHEREAS, a plat of said lands has been prepared in accordance with the provisions f the Colorado State Statutes and the Ordinances of the City cf Fort Collins, 6 copies of hick said plat is herewith submitted. NOW, THEREFORE, it is respectfully petitioned that said plat comprising the above escribed lands, be accepted and approved, that the territory embraced therein, to be known s the Nauta North College Annexation to the City of Fort Collins, Colorado be included ithin the limits and jurisdiction of the City of Fort Collins, Colorado, and further that aid lands be included in the "D" zone under the zoning Ordinance of the City of Fort ollins. ated at Fort Collins, Colorado, this 6th day of January, 1965, A. D. espectfully submitted: illie Nauta lorence P,. Nauta TATE OF COLORADO) ) sq. OUNTY OF LARIMER ) he foregoing instrument was acknowledged before me this 8t1n. day of January, 1965. y Willie Nauta and Florence E. Nauta or the purposes therein set forth. y commission expires June 8, 1968. SEAL) /s/ Vera B. Gutscher Notary Public Motion was made by Councilman McMillan, seconded by Councilman Guyer, that this itionbe referred to the Planning and Zoning Board for their recommendation. Roll was lled resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Guyer and ouncilwoman Quinn. Nayes: None. The President declared the motion adopted. The following application and petition for rezoning was presented and read at ength: PETITION AND APPLICATION FOR REZONING OF COLORADO) ) as. OF LAR IMER ) THE CITY COUNCIL OF THE CITY OF FORT COLLINS, COLORADO entlemen: We, the undersigned, being the owners of 50% of the following described property, ituate in the City of Fort Collins, County of Larimer, State of Colorado, to -wit: The West 75 feet of Block 10, Emigh's Sub -Division together with the North 155 feet of the East 125 feet of the West 200 feet of ]Lot 10 all in Emdgh's Sub - Division, City of Fort Collins, County of Larimer, Colorado. 92 Containing one and one tenth (1.1) acres, more or less, do respectfully petition and re- quest that the City Council amend the zoning ordinance of the City of Fort Collins by changing said above described land from "C" Residential zone to "D" Commercial zone. STATE OF COLORADO as. COUNTY OF LARIMER Respectfully submitted, H. C. GLISON C ONTRUCTION CO., A Colorado Corporation /s/ H. C. Glison, President Glenn Oswald The foregoing instrument was acknowledged before me this 19th day of January, 1965 By H. C. Glisan & Glenn Oswald for the purposes therein set forth. My commission expires January 29, 1966. (SEAL) /a/ Donald M. Hershman Notary Public ':Note: Filing of a petition to rezone requires a deposit of $50.00 with t he City Clerk to defray 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 was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Guyer and Councilwoman Quinn. Nayes': None. The President declared t he motion adopted. The following petition and application 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: We, the undersigned, being the owners of 50% of the following described property, situate in the City of Fort Collins, County of Larimer, State of Colorado, to -wit: East half of Block 185 Containing acres, more or less, do respectfully petition and request that the City Council amend the zoning ordinance of the City of Fort Collins by changing said above des- cribed land from B Residential zone to D Commercial zone. STATE OF COLORADO as. COUNTY OF LARIMER Resne ctfully submitted, /s/ Minnie Chambers Fred Ruff Gilbert I & Estelline R. Bachman Oral & Martha M. Davis William P & Marie Ellis Barry P. Sloan & Lillian C. Sloan Jay C. Sr. & June M. Shoemaker The foregoing instrument was acknowledged bef¢e me this 26th day of January, 1965 By Fred RRuff (circulator) for the purposes therein set forth. My commission expires February 3, 1968. �s/ John Bartel Notary Public defray the lcoing stoofathe tamendmentition to rezone requires a deposit of50,00 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 Councilwoman tQugnn9 fNales9 None9 Councilmen Johnson, Colwell, McMillan, Guyer and petition and application President declared the motion adopted. The following was Presented and read at length: PETITION AND APPLICATION FOR "VEXATION 93 STATE OF COLORADO) ) as. COUNTY OF LARIMER) CITY COUNCIL OF THE CITY OF FORT COLLINS FORT COLLINS, COLORADO GENTLEMEN: WHEREAS, We the undersigned are the owners of more than 50% of ,the area and com- prise the majority of land owners residing in the a rea which is described as situate in the County of Larimer, State of Colorado, to -wit: A part of the NW! of section 16, Township 7 North, Range 69 West of the 6t1a Principal Meridian, Larimer County, Colorado, more particularly described as follows: Commencing at the NE corner of said Section 16 and considering the North line of saidSection 16 to bear North 90°00100" lest: Thence North 9,0000100" West a distance of 4,290.00 feet along said North line of Section 16; Thence South 00050100" East a distance of 30.00 feet to the south Right -of -Way line of Mulberry Street, said point being the True Point of Beginning; thence South 00°50100" East 152.00 feet tot he centerline of the Pleasant Valley and Lake Canal Ditch; thence South 70006,0011 East 71.79 feet, along said Canal centerline; thence South 74002100" East 151.20 feet, along said Canal centerline; thence South 45°45100" East 166.95 feet, along said Canal centerline; thence South 00°50100" East 955.20 feet; thence South 90°00100° West 660.00 feet to the SE corner of Lot 12 of Mountain View Acres, a subdivision filed in the office of the Recorder of Larimer County, Colorado; thence continuing South p0000100" West 561.00 feet along the South line of said Lot 12 to the SW corner of said Lot 12; thence North 00042,00" West 241.07 feet along the West line of said Lot 12 to the SW corner of that part of said Lot 12 as conveyed by Deed recorded in Book 1189, Page 367, Larimer County Records; thence North 89°18100" East 165.00 feet to the SE Corner of said tract, Book 1189, Page 367; thence North 00042100" West 100.00 feet to t he NE corner of said tract, Book 1189, Page 367, said corner being a point on the North line of said Lot 12; thence North 89018100" East along the North line of said Lot 12 a distance of 395.20 feet to the NE Corner of said Lot 12; thence North 00050,00" West 161.90 feet along the East line of said Mountain View Acres to the SW Corner of the tract as conveyed by Deed recorded in Book 1077, Page 448, Larimer County Records; thence North 900001001/ East 60.00 feet to the SE Corner of said tract, Book 1077, Page W, 8; thence North 000501001, West 771.15 feet along the East line of said tract to its intersection with the southerly Right - of -Way line (60 foot Right -of -Way) of Mulberry Street; thence North 7704ID100" East 41.43 feet along said Right -of -Way line; thence along said Right -of -Way line North 9000010011 East 228.90 feet to the True Point of Ueginning. containing approximately 22 acres, more or less. AND WHEREAS, said lands are contiguous with the City Limits of the City of Fort Collins, Colorado, and more than one -sixth of the aggregate external boundaries of said lands coincide with the existing boundaries of the City of Fort Collins, and WHEREAS, a plat of said lands has been prepared in accordance with the provis- ions of the Colorado State Statutes and the Ordinances of the City of Fort Collins, 6 copies of which said plat is herewith submitted. NOW, THEREFORE, it is respectfully petitioned that said plat comprising the above described lands, be accepted and approved, that the territory embraced therein, to be known as the Annexation to the City of Fort Collins, Colorado, be in included within the limits and jurisdiction of the City of Fort Collins, Colorado, and further that said lands be included in the "A" Residential zone under the zoning Ordinance of the City of Fort Collins. Dated at Fort Collins, Colorado, this 28 day of January, 1965, A. D. Respectfully submitted: 9 Roscoe V. Anderson Evelyn K. Anderson STATE OF COLORADO)` ) ss. COUNTY OF LARIMER) The foregoing instrument was acknowledged before me this 28th day of January, 1965. By Roscoe V. Anderson and Evelyn K. en on for the purposes therein set forth. My commission expires September 10, 1966. /s/ Arthur E. March Notary Public Motion was made by Councilman Guyer, seconded by Councilma McMillan, 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 following petition was presented and read at length: CTTY COUNCIL, CITY OF FORT COLLINS MUNICIPAL BTTILDING FORT COLT,INS, COLORADO PETITION Fil Gentlemen: The undersigned, being the owners of property known as The Mountain View Heights Annexation, hereby petition the City Council of the City of Fort Collins to vacate that portion of Cherry Street abutting said property and being more particularly described as situate in the County of Larimer, State of Colorado Commencing at a point which is North 89045'15" East 136.70 feet from the SW corner:- of the NW'— of the NE' Section 10, Township 7 North, Range 69 West of the 6th P.M., thence North 89045 115" East 101.13 feet; thence South 00015'45" East to the South line of Cherry Street,; thence West along the South line of Cherry Street to a point which is South 08014'45" East from the Point of Beginning, thence North 00014145" West to the Point of Beginning; and said petitioners state as reasons for said vacation that the above described portion of Cherry Street has never been opened to the public and is not needed for street purposes and that Cherry Street cannot continue onto the West because of existing structures and another outlet for Cherry Street will be provided in the plat of Mountain View Heights Subdivision, which is now proposed by petitioners. Respectfully submitted, /a/ M. L. Deines and Morton L. Levitch By Arthur March, Jr. Attorney Motion was made by Councilwoman Quinn, seconded by Councilman Guyer, that this petition be referred to the Planning and Zoning Board for t heir 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 following petition was presented and read at length: PETITION AND APPLICATION STATE OF COLORADO) ss. FOR ANNEXATION COUNTY OF LARIMER (CITY COUNCIL OF THE CITY OF FORT COLLINS FORT COLLINS, COLORADO GENTLEMEN: �e the rise the majorityy of landuownersgned are residin the owners p Larimer, State of Colorado, of more than 50% of the area and com- the County og in the area which is described as situate in f In A tract nd E11- Of P.M., inotheaCountyAofdLarimer, NState OfcColoradotion 16 .Township 7 North, Range 69 West of the bt and considering the East line of said NE4 as bearingoSouthe00°32hin00 "tlae boundaries allshown ings contained herein relative thereto: Commencing at the NE corner of said Section 16; Thence South 00°32,0011 East 43'30" West 1320.00he East line of said Sec, 16, 2640.00 feet; Thence North 89° feet. Thence North 00°32'00" East 660.00 feet West 660.00 feet.to the True Point of beginning; Thence South Thence. North 00° 2'00" Thence South 00°42,00" East 330.00 feet; containing acres, more or'leeat 660.00 feet to the true point of beginning; AND WHEREAS, said lands are one -sixth the the City Limits of Coll Ins ,.Colorado, and more than ohe- lands coincide with the existing boundaries o£ aggregate external bo the City of Fort the City of Fort Coundaries of said WHEREAS, a plat of said lands has been llins, and of the Colorado State Statutes and the Ordinbeen Prepared in accordance which said plat is herewith submitted, of the City of Fort with the provisions 0ollins, 6 copies of NOW, THEREFORE, It is respectful) described lands, be accepted and approved, respectfully thatsaid plat comprising the above as the Miller-Layland Second Annexation to the City of Fort territory embraced within the limits and jurisdiction of the Collins therein, to be known City of Fort Collins Colorado, be included said lands be included in the A zone under the zoning OrdinancColorado Collins, of and further that the City of Fort Dated at Fort Collins, Colorado, this 28th day of January, 1965 A. D. Respectfully submitted: ' STATE OF COLORADO) ) as. COUNTY OF LARTMER) Cobus H. Miller Robert L. Layland 95 The foregoing instrument was acknowledged before me this 28t1b. day of January, 1965 By Cobus H. Miller and Robert L. Layland forthe purposes therein set forth. My commission expires August 5, 1967. /s/ Barbara Herron Notary Public Motion was made by Councilman McMillan, seconded by Councilwoman Quinn, that this petition be referred to the Planning and Zoning Board for their recommendation. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Guyer and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The following petition was presented and read at length: PETITION AND APPLICATION FOR ANNEXATION STATE OF COLORADO) ) as. COUNTY OF LARIMER) CITY COUNCIL OF THE CITY OF FORT COLLINS FORT COLLINS,. COLORADO GENTLEMEN: WHEREAS, We the undersigned are the owners of more than 50% of the area and com- prise the majority of land owners residing in the area which is described as situate in the County of Larimer, State of Colorado, to -wit: A portion of the East Half of Section 26, Township 7 North, Range 69 West of the 6th Principal Meridian, Larimer County, Colorado, which considering the North line of the Ez of said Section 26 as bearing North 90°00100" West and with all bearings contained herein relati'Te thereto, and being further described as follows: Commencing at the NW corner of the Ez of said Section 26; Thence South 00015"00" East along the West line of said E4 410.00 feet to the SW corner of Meadow Lark Annexation to the City of Fort Collins and the True Point of Beginning; Thence continuing South OOg15100" East along the West line of said E2 3,305.16 feet; Thence North 89049100" East 1,642.48 feet to a point on the West Right -of -Way line of the Colorado Southern Railroad; Thence along said Right -of -Way line by the following courses: North 00050"3O" East 1,116.00 feet; South 99°09130" East 50.00 feet; North 00050" 30" East 2,164.96 feet to a point on the South line of said Meadow Lark Annexation Thence North 9Q100"001t West along said South line 1,758.96 feet to the True Point of Begin- ning. containing 13.1 acres, more or less. AND WHEREAS, said lands are contiguous with the City Limits of the City of Fort Collins, Colorado, and more than one -sixth of the aggregate external boundaries :of said lands coincide with the existing boundaries of the City of Fort Collins, and WHEREAS, a plat of said lands has been prepared in accordance with the provisions of the Colorado State Statutes and the Ordinances of the City of Fort Collins, 6 copies of which said plat is herewith submitted. Now,THEREFORE, it is respectfully petitioned that said plat comprising the above described lands, be accepted and approved, that the territory embraced therein, to be known as the Meadow Lark Second Annexation to the City of Fort Collins, Colorado be included with in the limits and jurisdiction of the City of Fort Collins, Colorado, and further that said lands be included in the "A" Residential zone under the zoning Ordinance of the City of Fort Collins, Dated at Fort Collins, Colorado, this 2nd day of February, 1965, A. D. Respectfully submitted: /s/ Maurice L. Deines Morton Levitch STATE OF COLORADO) ) ss. COUNTY OF LARIMER) The foregoing instrument was acknowledged before me this 2nd day of February, 1965 By Maurice L. Deines & Morton Levitch forthe purposes therein set forth. My commission expires February 3, 1968. /a/ John Bartel Notary Public (SEAL) 96 The final plat of the Martin Subdivision, Second Filing, was presented for a al. The following communication was presented and read at length: June 4, 1964 TO: The Fort Collins City Council FROM: The Planning and Zoning Board SUBJECT: #36-64 Final Plat - The Martin Subdivision The final Plat of the Martin Subdivision, Second Filing was discussed atthe meet ing of June 2, 1964, and approval by the City council is recommended subject to one condi- tion: The usual agreement on installation of improvements should be signed. Respectfully submitted, FORT COLLINS PLANNING AND ZONING BOARD /s/ Gene Allen, Secretary After discussion, motion was made by Councilman McMillan, seconded by Councilman Colwell, that the plat be approved subject to the signing of the utilitiy agreement. 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 APPROVING THE PURCHASE OF 329 ACRE FOOT UNITS OF THE WATERS OF THE NORTHERN COLORADO WATER CONSERVANCY DISTRICT WHEREAS, the City of Fort Collins has had offered to it for sale units of the Northern Colorado Water Conservancy District waters as follows by the following named per- sona: 50 acre foot units - Fred Feit, 175 acre foot units - Plea Kerr, 100 acre foot units - Clarence Zollner, 4 acre foot units - E. Cortas Wisseman; and WHEREAS, said offers of sale are all at One Hundred Dollars ($100.00) per acre foot units, and WHEREAS, in the opinion of the City Council, it is in the best interests of the City of Fort Colins to accept said offers and purchase said units. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the offers of the above persons for the sale of the abovementioned water units are hereby accepted; and BE IT FURTHER RF°OLVED that the City Attorney and City Manager are hereby direct- ed to purchase said water rights on behalf of the City and that the Director of Finance. is hereby authorized and directed to expend the necessary funds for the purchase of said.water rights. Passed and adopted at a regular meeting of the City Council held this 28th day of January, A. D. 1965. s/ Harvey G. Johnson ayor ATTEST: Miles F. House Clerk Motion was made by Councilman Guyer, seconded by Councilman McMillan, 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 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 54 ACRE FEET OF WATER OF THE NORTHERN COLORADO WATER CON- SERVANCY DISTRICT WHEREAS, the City of Fort Collins has acquired 54 acre foot Northern Colorado Water Conservancy District, and units of water of the 9 January 28. 1 WHEREAS, the Board of Directors of the Northam Colorado Water Conservancy Dis- trict require that the City of Fort Collins enter into a temporary use permit agreement wit said District for the transfer of said water, and WHEREAS, the Porthern Colorado Water Conservancy District has submitted approp- riate forms of temporary use permit agreements to be entered into by the City of Fort Colli 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 temporary use of said 54 acre feet of water by entering into the temporary use permit agree ments with the Northern Colorado Water conservancy District. Passed and a dopted at a regular meeting of the City Council held this 28t1a day of January, A. D. 1965. sl Harvev G. Jon ATTEST: a lea F. Hous Motion was made by Councilwoman Quinn, seconded by Councilman McMillan, that thi 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. This being the date of the hearing on an application for 3.2% beer license, the following application was presented and read at length: The application of Gary G. Glick and Freddy Glick and Dale Dodrill, dba Ram's Horn, Inc., in the 1200 block of West Elizabeth Street, for 3.2% beer license, was present The following 'report was presented and read at length: January 26, 1965 T0: Mr. R. Boos FROM: R. Hollady subject; Gary G. Glick, Freddy C. Glick and Dale F. Dodrill - Application for Retail Fer- mented Malt Beverage License. On January 15, 1965, the persons listed above submitted an application for a malt liquor license. On January 18, 1965, this Department initiated an investigation into the back- ground of the applicants. The following is a resume of the investigation: ary G. Glick - Larimer County Sheriffs Department No Record Fort Collins Police Department No Record Federal Bureau of Investigation - Return indicates Gary G. Glick arrested by Fort Collins .Police Department .on 7-25-48 for tire theft. The records also indicate the case was dismissed on or after 9-7-48. The arrest does not appear in this Departments records since they were not ade- quately maintained in 1948. eddy C. Glick - Larimer County Sheriffs Department No Record Fort Collins Police Department No Record Federal Bureau of Inves.tigat•ion No Record le F. Dodrill - Larimer County Sheriffs Department No RecordNo Record Fort Collins Police Department No Record Denver Police Department No Record Lakewood, Colorado, Police Department No Record Federal Bureau of Investigation or are presently professional football players. As such, 0.11 of the applicants have beennt did riot 311 have spent periods of time in other cities. licantsahad ebeen arrested lthe ainfo�mation of investigation and consequently appear on Department in these cities since if any of the a could have been submitted to the Federal Bureau of their returns to us. he application contains references for each applicant. All speak highly of the personal nd professional capacities of the applicants. NEIGHBORS The immediate neighbors of the Glick brothers were contacted. All are hightly complimen- tary and were pleased to have them as neighbors. This Department did not contact Dodrill's neighbors since he lives in Denver. MISCELLANEOUS Gary Glick and Dale Dodrill have been involved with professional football, either as a player or coach, all of their adult lives: The application adequately reflects their act- ivities in this area since their graduation from Colorado State University. Freddy is pre- sently employed by the Houston Oiler football team as a player. The Clicks are partners in the Glick Brothers Enterprises, Fort Collins. Mr. Dodrill is self-employed also and operates t he Dale Dodrill Insurance Agency in Denver. All applicants re married. The Clicks live in Fort Collins and Dodrill lives in Denver. The former have lived in this area for 18 years. Dodrill has never lived in Fort Collins except during his years as a CSU studentl If applicants obtain a license, Gary Glick will be the full-time manager and the other two men will work part-time. Freddy will work at the tavern during the off-season and Dale will divide his time between his insurance business and the Rams Horn. A sign indicating intent to apply for a malt beverage license was placed on display on the proposed building site at 1200 block of West Elizabeth on January 6, 1965. This officer talked with all applicants and informed them of our responsibility to enforce state and local laws relative to t he selling of fermented malt beverages.. They were ad- vised of their responsibility andinformed that the policy of this Department is stringent but fair enforcement.. Applicants promised complete cooperation and stated employees for clearance purposes. they would allow us to print future In summary, all applicants appear to have excellent reputations. RECOMMENDATION This officer can discover no legal basis to recommend the denial of a license. Respectfully submitted, Roy E. Hollady, Chief of, Police The City Clerk presented a list of persons who had written letters to the mem- bers_ of the City Council as follows: Letters received prptesting Ram,s Horn Beer License. 26 members of the Free Methodist Church, 1516 W Mrs. H. E. Sanford Mrs. Maxine Hansen Mrs. Don A. Seastone Mrs. Ben Fox Mr. & Mrs. Harry Hepting Earl Douglass Mr.. & Mrs. Lester E. O'Brian Mr. & M s. Randy Antzen Mr. & Mrs. Ernest Carton Mrs. P. B. Bacus Mr. & Mrs. M. Minor Mr. & Mrs. Hulburt Anderson Mr. & Mrs. A. L. Maxwell Ralph Hansen Don Goff Mr. & Mrs. Lafi Miller Mr. & Mrs. George Lundquist Mr. & Mrs. Hollis Campain Mr. Karl Carson Mr. & Mrs. Albert E. Hackett Bennett `'chool - PTA. Harold V. Warden Agency Mr. & Mrs, John D. Edgerton State 1208 Westward Dr. Board of Agriculture CSU George Brown, M.D. Mr, & Mrs,��5 S. College Ave, Mr, Kirvin Knox 1227 City P & Mrs. D. W. Breckenridge Mr, & Mrs,903 E. Prospect Ave. A. C. Everson Mrs, W 1304 Springfield Dr, Mrs, ydene Casey Karl Carson 901 E. Pros, Mr. & Mrs. James L. Bennett 5 S. Shi Mr- & Mrs.1301 Fairview Dr. Ralph Niemann Mr. & Mrs,1309 Westward Dr. Jack A• Shirey Mr..& 1321 ''westward Dr. Mrs A. W, Gra Harr b�5 Plum St. y V. Unfug, MD, The following communication was Presented and 927 Pioneer St. read at length: Fort Collins City Council January Fort Collins, Colorado 22, 1965 Prospect and 1209 2024 Westward Dr, 2021E W, Prospect 1313 Westward Dr, 300 Peterson St, 2614 W. Prospect 207 W. Myrtle 1209 Fairview Dr, 1209 Fairview Dr, 1528 28 W, Lake Dr, 1208 W. Prospect 1232 S. Bryan Avw, 1309 Southridge Dr, Delta, Colorado 1024 W, Prospect 616 829 So, Shields St, 830 S. Shields St, 130 S• Prospect St 151 Pringfield Dr, 1201 Sr,rinields St, e hhett SchgfieldoDr. Bennett W. ol Magnolia St Gentlemen: Re: Application for 3.2% beer license by Ram,s Horn (Glick) As Chancellor of the Bishop Paul's Mission, located at 1208 WeystMeasersand ioUese of lick> Fort C legal title holder to St•. to protest the applieati-)n filed b lizabeth,Street olorado, the r a was filed recently, and seeks a lic heestreeta s omtsoside3o2 %tbeerslicenseadoThI am writing application which is almost immediately across t, Pauli the 1299 block of West Elizebef, 99 The Board of Trustees of the Diocese of Colorado has unanimously voted to oppose this application, and has instructed me to take such measures as I deem best to carry out their will. It is the position of the Diocese of Colorado that there is no need or requirement for such an outlet in the neighborhood, and furthermore, that a granting of the license would be detrimental to St. Paul's Mission. Our experience in the past has been that out- lets of this nature are prejudicial to the interests of both schools and churches, and that often acts of vandalism are done to the property of same. Furthermore, the noise, litter, etc. are not conducive to t he peace and quibt necessary for the devoted practice of the Christian religion. St. Paul's Mission is not a corporation, and therefore is not capable of holding or owning real estate. It is completely subject to the control of the Board of Trustees of the Liocese of Colorado and the Bishop of the Diocese of Colorado. In addition, as stated in the opening paragraph of this letter, title to the real estate is vested in the Diocese of Colorado. Yours very truly, Isl Frank H. !�hafroth Chancellor of the Diocese of Colorado The following letter was presented and read at length: December 21, 1964 Mr. Harvey Johnson, Mayor City of Fort Collins City Hall Fort Collins, Colorado Dear Mr. Johnson: On those occasions when 'the City Council is asked to consider t he issuance of a beer license for establishments to be located near the Colorado State University Campus, request are also received for expressions from the University Administration and from the State Board of Agriculture relative to t he issuance of such licenses. As a result of the recent request presented to the City Council for a license to sell 3.2 beer in an establishment proposed to be located on West Elizabeth Street, the Board and the University Administration were asked to state their positions on the matter. As a result of these requests the State Board of Agriculture approved the enclosed policy December 10, 1964, relating to the sale of 3.2 beer and intoxicating liquor near the campus. In this connection, the Board instructed me to transmit a copy of this policy statement to the Fort Collins City Council as a matter of information. Sincerely yours, /a/ C. L. Terrell Secretary January 23, 1964 Fort Collins City Council 300 LaPorte Avenue Fort Collins, Colorado Gentlemen: At its meeting January 23, 1965, the State Board of Agriculture instructed me to transmit this letter to you as official notice of its opposition to the issuance of a beer or liquor license to the Ramts Horn, proposed to be established on West Elizabeth Street. It is stated in the Board's resolution, a copy of which has been sent to you, it is of the opinion there is no heed for a beer outlet at this lication and respectively requests that this application be not approved. Sincerely, /s/C. L. Terrell Secretary The following resolution was presented and read at length: Section III - Misecllaneous Policy -- Sale of 3.2 Beer and Intoxicating Liquor Near the Campus: Approval requested. At the November 6, 1964, meeting, the Board approved a recommendation presented by President Morgan to oppose t he sale of 3.2 beer and intoxicating beverages in close proxi- mity to t he campus. In this connection, the Board requested the preparation of a resolution on this subject, in consultation with legal counsel, for consideration at the December meeting. The following resolution is presented for Board consideration: WHEREAS , the Fort Collins City Council has received applications for licenses to sell 3.2 beer in close proximity tot he Colorado State University campus; and WHEREAS, the sale of intoxicating liquor, though currently prohibited within the corporate limits of the City of Fort Collins, may unitimately be legalized, and fi l-00 WHEREAS, the position of the State Board of "griculture and the University admix- istration on these issues is solicited each time a request is considered by the appropriate body; and WHEREAS, the staff of Student Personnel Services and t he Faculty Committee on j Student Life of Colorado State University op pose the sale of 3.2 beer or intoxicating j liquor in close proximity to the campus of the University; and WHEREAS, the State Board of Agriculture believes t hat the needs of the student body at Colorado State University, as well as the best interests of the University relative to accomplishment of its basic purpose, do not requre, and are not facilitated by, the sale of 3.2 beer or intoxicating liquor within or proximo to to t he neighborhood of the Universit Now, therefore be it resolved: The State Board of Agriculture is opposed to i issuance of licenses authorizing the sale of 3.2 beer or intoxicating liquors within or l proximate to the neighborhood of Colorado State University, and Be It Further Resolved that the position of the Board on this matter be made known to the City Council of Fort Collins. SECRETARY'S CERTIFICATE of Colorado I, Universitrrellsecretary of the State Board of agriculture, governing board copy of an action taken b t d° hereby certify that the following is a complete and correc 23, 1965. Y the Board in legal session, at Fort Collins, Colorado, January Upon motion by Miss Scott, seconded by Dr. Ball,the Board instructed the Secret tar to communicate with the Fort Collins City Council as a meatus of transmitting its reques ecret that the application for a license to sell 3.2 beer in the Rams Horn Inn, to be lo:atedon the South side of West Elizabeth Street in the Campus West Shopping Center, be denied. Signed and seal affixed at Fort Collins, (SEAL) Colorado, this 28th day of January,1965 The followingIsl C. L. Terrell resolution was presented and read at length: RESOLUTION OF THE BOARD OF DIRECTORS OF THE WES TMOOR BEACH AND BLADE Be It Resolved that CLUB of Ram's Elizabeth, the Horn, Inc,, for a 3t2Wbeer°or Beach and Blade moor Beach and B1°cation of which is utlet Club, Inc. oppose the application license o lace Club, Inc directly acrossto be located at approximately 1200 West. Fort Collins, Colorado, b co and that the road from the facilities of West - noting, in part as reaCity Of sonyforpsuchropposias�hrsOnallych tbynibs President,eHarryd to tGe Sitler, 6 That there is no need That Westmoor Beach or requirement for such an outlet in the neighborhood; and all ages use the facilities h a are nd Blade Club, Inc, moor, and we feel that such frequent is a family club and many children of detrimental effect on such ca 3.2 outlet ao Y In the neighborhood goingto and from West hicular traffic; and hildreh and a from the club would have an unwholesome and also increase as to such children the danger of ve- That the presence of such a right across the street from West 3.2 be future members and scrip moor er, outlet in t he neighborhood, and particularly That seriously depress theovalueMake of its Club ledesirable to prospective general residential, church let property. general .> such an out I hereby and shopping Center ar, by nature, improperly located in this resolution adopted certify that the aboandve in which the Club is located. unanimop Collins, Colorado, at itsomeetih9 heldBJahaa°yf�3recIng is attrue eeand correct copy of the 1Y bthe he lub of rt ecto 5. Isl Virginia Febinger Mr. Ralph Co Secretary yte, Counsel forWESTMOOR BEACH AND BLADE CLUB, I that h. tion and stated the applioants e had petitions , Presented a resume of the applices- area, approving the issuancesigned by over 1150 students and 320 residents in t'he, of the license at the location at West Elizabeth Street. Mr. Gene E. Mitchell, counsel for the he had petitions Protestants, made some opeirag remarks and stated that witnesses who were recorded by the coon with over 1100 signers on same. After opening remarks, Mr. Coyte called reporter who Shields Street was called on the stand and was present. Mr. John Irwin, 635 S.; testified for the Colquist, 211 Jackson, was called by Mr, applicant. Jerry Russell Coyte and testified. Mr. Coyte next called Mr. Gary Glick, 630 Smith Street, one of the applicants Mr. Glick considerably as to his intentions as to the stand. to tMr. Coyte questioned he conduct of the Ram's Horn. He offere Certain exhibits which consisted of a sketch of the building and the front plans: proposed for said building. Certain agreements on the club, a map of the area and a portion which was outlined in "D" commercial district west of Shields and both sides of West Elizabeth. Another exhibit offered were pictures taken on the proposed location of the Inn. In each case Mr. Mitchell questioned the witnesses on various phases on the granting of the license and at this point Mr. Mitchell requested permission of the appli- cants counsel to call certain witnesses for the protestants who were obligated to leave the meeting within a very short time. His request was granted by Mr. Coyte and Mr. Mitchell called Mr. W. E. Bartran, owner and developer of the property to the west and southwest of the applicants location known as Fairview Subdivision and Fairview "West" Subdivision. He was questioned at length by Mr. Mitchell as to his reasons for being against the issuanc of the license. In.the course of the questioning, Mr. Coyte asked Mr. Bartran various questions regarding his oposition. Mr. John J. Nicol, 632 South Shields Street, a devel- oper of Campus West Shopping Center and member of Westmoor Beach and Blade Club, was next called to the stand and questioned by Mr. Mitchell on his views regarding the application. After the questioning of Mr. Nicol by Mr. Coyte, the Mayor asked for ten minutes recess, and after reconvening, Mr. Coyte called the following people who were present on the stand as witnesses for the applicant: Mr. Gerald Denne of Ellis Hall; Miss Sharon Beck, Allison; Miss Carman Greer of Allison Hall, Mr. Frank Bruen of 701 Wagner Drive, Mr. Richard Allen of 228 W. Prospect, Mr. Jack Lacy, Mr. Robert C. Paul of 635 South Shields Street, Mr. William Angus 635 South Shields Street and Mr. Robert Eshelman. In all cases Mr. Mitchell questione the witnesses himself. Mr. Charles Rhoades, Realtor, was questioned as to available loca- tions within the City in business districts which would be available and comparable in size to the property in question. Mr. Rhoades stated that there were very few locations availabl in the business districts which compared in size to the location and the distance from the College. At this time Mr. Coyte and Mr. Mitchell were notified that the meeting would be adjourned about 5:30 o'clock. Mr. Mitchell requested that he be allowed to question some witnesses before this adjournment, Mr. Coyte acquiesced, and Mr. Mitchell called Dr. Unfug of 927 Pioneer, who was the organizer in circulating the ptitions for the protestants. Afte considerable testimony, Mr. Coyte questioned Dr. Unfug. Mr. Mitchell then called Dr. Carlson of 1515 South Shields Street, a Dentist, and questioned him as to his reasons and his thoughts regarding the issuance of the license. Mr. J. D. Forney of 309 South Grant Street and Mr. Justice Wagner, a student of 208 Cottonwood Drive, were callled to the stand esting the issuance of the license and in each case Mr. Coyte also questioned the wit - tresses. At this time the Mayor announced that the hearing would be adjourned to 2:00 o'cloct Thursday, February 4, 1965. Motion was made by Councilwoman Quinn, seconded by Councilman Guyer, that the ,ouncil adjourn. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell[ llan, Guyer and Councilwoman Quinn. Nayes: None pted, and the Council adjourned. The President declared the motion