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HomeMy WebLinkAboutMINUTES-02/25/1965-Regular122 MINUTES OF A REGULAR MEETING OF THE COUNCIL OF THE CITY OF FORT COLLINS, Held Thursday, February 25, 1965, at 1:30 o'clock P.M. Present: Councilmen Johnson, Colwell, McMillan, Guyer and Councilwoman Quinn. City Manager Boos, City Attorney March and City Engineer Weiss. Motion was made by Councilwoman Quinn, seconded by Councilman Guyer, that the reading of the minutes of the last regular meeting held February 18, 1965, be dispensed with. 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 findings and resolution was presented and read at length: FINDINGS AND RESOLUTION OF THE COUNCIL OF THE CITY OF FORT COLLINS CONCERNING APPLICATION FOR CLASS A AND B LICENSE TO SELL NON -INTOXICATING MALT LIQUOR The application of Gary G. Glick, Freddy C. Glick and Dale F. Dodrill, for a license for the sale of non -intoxicating malt liquor in accordance with Chapter 2 of the Code of Ordinances of the City of Fort Collins, Colorado, 1958, as amended, came on for hearing at 2:00 P.M., January 28, 1965, and all the evidence being not yet in after 5:00 P.M. of said day the hearing was continued to 2:00 P.M., February L{, 1965, and all the evidence being not yet in after 5:00 P.M. of said day the hearing was continued until 2:00 P.M., February 11, 1965, and the City Council of the City of Fort Collins, having thus heard the testimony and received evidence adduced upon said hearing, and having considered and weighed said testimony and evidence, and having received and weighed petitions and remonstrances filed with the City and being otherwise informed and familiar with the neigh' borhood for which the license is sought now makes the following findings: 1. The license sought by the applicants is for a location in the 1200 block of West Elizabeth Street immediately west of an existing small shopping center. That the primary neighborhood concerned with this application is an area surrounding the proposed outlet within approximately onehalf (2) mile of the proposed location. The property sur- rounding the proposed site on the north, west and south is substantially residential devel- opment. Immediately adjoining the proposed location on the east is a small neighborhood shopping center and immediately east of that is t he campus of Colorado State University. Directly across the street from the proposed location is the site of the Westmoor Beach and Blade Club, a family swimming and recreational club and very close by is St. Paul's Chapel, .an Episcopal Church and college student center. Within the immediate neighborhood of the proposed location there are at least two other church locations and one elementary school. Because of the family recreational facilities, the churches and school in the neighborhood, there are many more children walking or on bicycles going to and from and through the applicable neighborhood at all times of the day and evening than in most other places in the City. follows: 2. The testimony and petitions presented by the applicant may be summarized as (a) The applicants. testified re garding the type of facilities they proposed to erect and the type of customers they proposed to cater to, and the way in which they proposed to manage and run their place of business if the malt bev- erage license for which they applied were granted. Proposed plans for the build- ing were presented and also the option agreement under which they might buy the land for the outlet was presented. The applicants also presented an aerial ,photograph of the area and a map which had been prepared for them of the area. They also testified as to petitions favoring their application which they had obtained businessesndltestified that they had obtained petitions representing eleven (11) 325 persons who reside in the area. These peti- tions, which werenevertheless received and considered by the Council,contain of the City of Fort Collie above defined. contained the signatures of comparatively few permanent residents and many signatures of persons residing beyond the Of neighborhood as arles censed ltor in the fiedbthaththere wasanosotheriavailableacommerciall City Of Fort Collins, testi- the proposed location near Colorado State University.y zoned land of the size of (c) Several students testified in favor of the there are not adequate facilities tapplication and stated that Fort Collins. They furthertestifiedthatype proposed in or around the City of existin beverages in the City of Fort Collins and available facilities selling 3.2 malt located in, the downtown area of Fort Collins for use by students were where they lived while at Colorado State Univea somewhat further distance from "ity than would be the site of the proposed location. They also testified that t he ) bus malt beverages were at times over -crowded andexisting facilities selling a business adequately. t able to handle the student (r Robert Universnerity, testified that he is an assistant professor of English at Colorado State TJniverse was and that he favored a 3.2 beer outlet close to the University, but that he,was'not sure that this was the proper location. (a) Roy Hollady, the Chief of Police in thund of thee C from this rt that he acheckcthat ked tall he bthree oapplicants wereicants,°and °that°heihad deterfied testified that the conditions tied at the existing locod aof tiohscharacter. He father 3.2 beer are overcrowded on occasions, and not crowded and Fort Collins which sell"= on other occasions, Chief Ho77ady also testified that it nwasahisexcess capacitn that y nyrl i 123 U 3.2 beer dispensing facility by its nature creates at least occasional police problems because of disturbance and similar incidents. The testimony and petitions opposing the applications may be summarized as follow (a) Petitions opposing the granting of the application were presented. These petitions may be divided into eight (8) categories: (1) Petitions signed by more than 1150 persons who reside in the general neighborhood of the proposed establishment. These petitions opposed the application for the reason that there is no need or requirement for sueh an outlet in the neighborhood, and as neighbor- hood residents, they would not desire such an outlet in the neighborhood. Some of the signers of these petitions do not reside in the restricted neighborhood as defined above, but reside further than one half (zD mile from the proposed location: However, the great majority of the signatures on these petitions were of the permanent residents of the restricted neighborhood above defined. (2) Petitions of merchants of the small shopping center area, and also of most of the owners of the lands upon whI the shopping center is located. (3) Petitions signed by persons, about 325 in number, who were members and frequently in attend- ance at churches within the neighborhood and close by area. These persons opposed the application on the ground that they were frequently in the neighborhood and did not desire such an outlet in this area. In the opinion of the Council, except for those persons who actually reside in thearea, the signers of this petition are not entitled to consideration and were not considered. (4.) Petitions con- taining about 150 signatures by persons given ghrough schools in the neighborhood and close by area. Again, except for those persons who actually reside in the neighborhood, it is the opinion of the Council that these persons are not entitled) to consideration on this application. (5) Petitions signed by about 75 members of the Westmoor Beach and Blade Club, who are stock holder owners of their Club, the facilities of which are right across the street from the proposed 3.2 beer site, opposing the application for the reason that there is no need or require- ment for such an outlet in the neighborhood. (6) Petitions signed by about 325 members of the faculty and staff at Colorado State University which opposed the application for the reason that there is no need or requirement for such an out- let in the neighborhood, and state that as persons frequently concerned therewith, they did not desire an nutlet, again, except for those persons who actually reside in the neighborhood, it is the opinion of the Council that these petitions are not entitled to consideration and, accordingly, they were not considered. (7) Peti- tions sighed by about 356 persons who frequently used the Campus West Chopping Center and who opposed the application for the reason that there was no need or requirement for such an outlet in the neighborhood and for the further reason that as persons frequently in the neighborhood, they did not desire such an out- let. Again, it is the opinion of the Council that except for signatures of those persons who reside in the neighborhood, these petitions are not entitled to con- sideration. (8) Petitions signed by students at Colorado State University who opposed the application for the reason they did not require or desire such an outlet, and there was no need or requirement for the outlet in the neighborhood. (b) A number of persons who reside in the neighborhood, testified that they did not desire the proposed outlet in -this location. Most of these people also testified that they were not necessarily opposed to the proposed operation, but were opposed to it in this location and in this neighborhood. Some of them, also members or of icers of Westmoor Beach and Blade Club, Inc., testified as to the substantial investment that Westmoor has in its facilities and the use made there- of by themselves and their children of all ages, and as to the adverse effect they believed the allowance of the malt beverage application would have on their own use of these facilities and the value thereof and the interest thereof to pro- spective members and their families. (a) A significant number of persons were personally present in the hearing room, and indicated their residence and opposition. 3. From the foregoing, and from other testimony and evidence presented at the earing and to the City Council •and from being .familiar with the proposed location and the eighborhood affected, it is the opinion and findings of the City Council that. A. A need or desire was perhaps shown on the part of students of Colorado State niversity for the type of operation proposed, but this need does not relate to the parti- ular location and is not a need, desire or requirement of the neighborhood for which this pplication was made; the applicants failed to show that the reasonable requirements of this eighborhood require the issuance of the type of license for which application was made. B. The evidence overwelmingly showed that the great majority of the inhabitants f the neighborhood do not des re t he proposed establishment. Most of the persons who test fied that they favored the application and actually did live in the area, were not permanent esidents of the neighborhood. Almost all of the owners of private residences within the eighborhood signed petitions opposing the granting of this application. C. No significant or properly cognizable need or requirement for a non-intoxicat- ng malt liquor license in this location on the part of the inhabitants of the neighborhood as shown, although there was testimony by students, some of whom are connected with the res on a temporary or transient basis that a facility providing dancing accomedations and as needed, and that the existing outlets are not sufficient to handle this type of business he need thus shownas fully as much related to the students desire for attractive social ceommbdations of the sort just memtioned than to the need for 3.2% inalt beverages. D. The best interest of the neighborhood affected and its inhabitants, in matters f some property values, and protection of established uses, esthetics, general welfare and afety will be best served by the denial of this application and would be adversely affected y its allowance. RESOLUTION ,F THE CITY COUNCIL OF THE CITY OF FORT COLLINS CONCERNING APPLICATION FOR CLASS A AND B SCENSE TO SELL NON -INTOXICATING MALT LIQUOR 124 Febr __21, 196 WHEREAS, the City Council of the City of Fort Collins has heard the application of Gary G. Glick, Freddy C. Glick and Dale F. Dodrill, for a Class A and B license to sell non -intoxicating malt liquor, and WHEREAS, the City Council has made its findings upon the evidence, testimony, petitions, remonstrances and considerations submitted and known or made known to it concern- ing the proposed premises and the neighborhood involved, which findings precede this resol- ution and by reference are incorporated herein and made a part hereof, and WHEREAS, the City Council has ..carfully considered the application, evidence, tes- timony, petitions and remonstrances and has given the same such weight as it in its descre tion deems proper and is now fully advised in the premises; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the application of Gary G. Glick, Freddy C. Glick and Dale F. Dodrill, for a Class .6 and B license to sell non -intoxicating malt liquor be and it hereby is denied upon each of the grounds set forth in.the findings of the City Council herein. Passed and adopted at a regular meeting .of the City Council held this 25th day of February, A. D. 1965. Isl Harvey G. Johnson 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. Mr. Ralph Coyte was presented and expressed his appreciation for the time given by the Council to the presentation of his case and the many courtesies extended. He asked the Council if this decision was their general attitude towards the issuance of beer license in the neighborhood of the University or whether each case would be judged upon the evident presented. The Mayor assured him that, as far as he was concerned, that any application would be considered upon its individual ramifications connected therewith and he felt that this was the attitude of the entire Council. The following ordinance was presented on second reading: ORDINANCE NO. 7, 1965 AMENDING CHAPTER 19, CODE OF ORDINANCES OF THE CITY OF FORT COLLINS, COLORADO, 1958, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE, CHANGING A TRACT OR LAND LOCATED IN THE SE41 (SOUTHEAST QUARTER) OF SECTION 13, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6TH P.M. FROM "A" RESIDENTIAL DISTRICT TO "D" COMMERCIAL DISTRICT Motion was made by Councilman Guyer, seconded by Councilwoman Quinn, this Ordi- nance No. 7, 1965, be adopted and become a law upon passage. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Guyer and Councilwoman Quinn. lrayes: None. The President declared the motion adopted. The following ordinance was presented on second reading: ORDINANCE NO. 8, 1965 AMENDING CHAPTER 19, CODE OF ORDINANCES: OF THE CITY OF FORT COLLINS, COLORADO, 1958, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE, CHANGING A PORTION OF LAND LYING BETWEEN BLUEBELL STREET AND THE EXTENSION OF ASTER STREET IN THE CITY OF FORT COLLINS, COLORADO, FROM "A" RESIDENTIAL DISTRICT TO 'TO" RESIDENTIAL DISTRICT. Motion was made by Councilwoman Quinn, seconded by Councilman Colwell, that Ordi- nance No. 8, 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 declared the motion adopted. The following ordinance was presented on second reading: ORDINANCE NO. 9, 1965 AMENDINAMENDEDGCHAPTER , COMMONLYIKNOWNDASOTHERZONINGES OF THE ORDINANCECITY OF CHANGINGRLOTSLLINSA COLORADO, 1958, AS 7, 8 and 9SSR VISION IN THE CITY OF FORT COLLINS, COLORADO, FROM PARTLY t'B„ RESIDENTIAL,DIISSTRICT ANDDPARTI TIC" RESIDENTIAL DISTRICT TO C RESIDENTIAL DISTRICT, AND CHANGING LOT 6, KESSLER SUBDIVI- SC•"NRESIDENTIALCITY DISTRICT TOL"BIT�ESIDENTDIAL DISTRICTTLY "B" RESIDENTIAL DISTRICT AND PARTLY 125 Motion was made by Councilwoman Quinn, seconded by Councilman. Guyer, that Ordi- nance No. 9,_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 declared'the motion adopted. This being the date of the hearing on the Miller-Layland First Annexation, the City Clerk advised the Council that no written counter petitions had been filed. The fol- lowing ordinance was presented on first 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 ANDJURISDICTION THEREOF, PURSUANT TO THE AUTHORITY CONTAINED IN ARTICLE 11, CHAPTER 139, COLORADO REVISED STATUTES, 1953 Motion was made by Councilman McMillan, seconded by Councilwoman Quinn, that Ordi- nance No. 13, 1965, be considered favorably on first reading and ordered published this 25th day of February, A. D. 1965, and tote presented for final passage on the 18th day of March, 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. This being the date of the hearing on the Greenwalt Second Annexation, the City Clerk advised the Council that no written counter petitions had been filed. The following ordinance was presented on first 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, 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 Ordi- nance No. 14, 1965, be considered favorably on first reading and ordered published this 25th day of February, A. D. 1965, and to be presented for final passage on the 18t1a day of March, 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 dopted. The application of Frank R. Sortais dba Sportsmans Bar, 210 Walnut Street, to the tate of Colorado, for renewal of 3.2% beer license, was presented. Motion was made by ouncilwoman Quinn, seconded by Councilman Guyer, that the Mayor and City Clerk be author - zed to execute the approcal of the licensing authority. Roll was called resulting as fol- ows: Ayes: Councilmen Johnson, Colwell, McMillan, Guyer and Councilwoman Quinn. Nayes: one. The. President declared the motion adopted. The application of Frank R. Sortais dba Sportsmans Bar, 210 Walnut Street, to the ity for renewal of a non -intoxicating malt liquor license, accompanied by the required icense fee, was presented. Motion was made by Councilman Guyer, seconded by Councilwoman uinn, that the license be granted subject to the issuance of the State license. Roll was Colwell alled resulting as follows: Ayes: Councilmen Johnson,/McMillan, Guyer and Councilwoman uinn. Nayes: None. The President declared the motion adopted. The City Clerk advised the Council that the City Engineer had received petitions or an improvement district for a sanitary sewer in Buckingham Place Subdivision. The ollowing report was presented and read at length: February 25, 1965 obert F. Boos ity Manager 1126 r 1965 Petitions have been received within the department for the construction of sanitary sewers in Buckingham Place Subdivision. Petitions were received on two different occasions, The first petitions were the standard petition forms for such improvements and the second petitions included a section which wep ved the rights of the effected property owner with respect to that section of the ordinance which provides that public improvement assessments may not exceed one-half the assessed valuation of the property. A tabulated summary of the petitions received follows: let Petition signers - 5 2nd Petition signers - 41 Non -Petition signer - 77 Total Property Owners 123 Percentage 4.07 % 33.33 62.60 0 100.00 % The applicable section of the improvement ordinance is quoted as follows: "Sec tion 15.55• Petition required. A. No improvement except as hereinafter provided shall be ordered by the City Council unless a petition fr the same is presented, subscribed by not less than one per cent of the owners of the property to be assessed in the case of improvements consisting of construction of sanitary and storm sewers, drains and water mains and improvements of ditches, laterals and drains, and other public works." The department desiresthe pleasure of the Council as provided in Section 15-56 of the Code of Ordinances. Respectfully submitted, /s/ C. Adam Fischer Director of Public Works The Mayor called upon the City Manager for any remarks he might have on this improvement district and he stated that it was matter of accumulation of planning , acquainting the residents of this subdivision with the requirements that must be met for the installation of a sanitary sewer in this subdivision. After discussion, motion was made by Councilman McMillan, seconded by Councilman Guyer, that the matter be referred to City Attorney to prepare the necessary resolution and acceptance of the petitions. 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) FOR ANNEXATION as. COUNTY OF LARIMER CITY COUNCIL OF THE CITY OF FORT COLLINS FORT COLLINS`,' COLORADO GENTLEMEN: REAS, We the prise the majority of land uowners gresidingtin Owners of more than 50% of the area and cofi' p the County of Larimer, State of Colorado, to_ withe area which is described a s situate in t; A part MeridianfInhthe County ofiLarimeron 25, TOStatepo7 North, Range 69 West of the 6th Principal Y as shown, and considering the North of Colorado, contained within the boundary lines bearings contained herein relative thereto: said NW4 to bear North 89045'00" East with all Commencing at the NW coiner of said Seof the NWaction r of the feetthe NtoctheeSE corner of Thunderbird Of said SectioeTh.nce North 89045100" East 1,320.00 feet 3g corner of Thunderbird Estates Eighth Anhexatiohird Annexation, which pointt isThence"alsotthe30 ThunderSouth bird EstatestEight89feet to t Annexationhe most ealohdlyhpOinteonoint of the outergboundary ofence said Thence bird Estates 'Eighth Annexation by the following 9 the easterly boundary of said Thunder' courses. North 24°47'10" West 131.50 feet• North 13°55 '50" West 126.98 feet; Said tract contains North i00.2292 acres.0,00" East set feet to the True Point of Beginning. AND WHEREand more than AS, said lands are contiguous with y Limits of the Cit of Fort coincide with rthe �existing boundries-ofxtheth OOithe aggregateiexternal boundries of said lams y of Fort Collins, and visions of Athhe Colorado aState Statutes landsthe has been Prepared in accordance with the pro- I copies of which said plat is herewith submitted.rdinances of the City of Fort Collins, 4 1 127 NOW, THEREFORE, it if respectfully petitioned that said plat comprising the above described lands, be accepted andapproved, that the territory embraced therein, to be known as the Thunderbird Estates Ninth Annexation to the City of Fort Collins, Colorado be indluded within the limits and jurisdiction of the City of Fort Collins, Colorado, and further that said lands be included in the A Residential zone underthe zoning Ordinance of the City of Fort Collins. Dated at Fort Collins, Colorado, this 18th day of February, 1965, A. D. Respectfully submitted: THUNDERBIRD ESTATES, INC. Isl By Mae A. Tiley, President ATTEST: Isl William H. Allen, Secretary STATE OF COLORADO) as. COUNTY OF LARIMER) The foregoing instrument was acknowledged before me this 18t1n. day of February, 1965 By Mae A. Tiley as President, and William H. Allen as Secretay of Thunderbird Estates, Inc. for the purposes therein set forth. commission expires August 5, 1967. Isl Barbara Herron _ Notary Public Motion was made by Councilman McMillan, seconded by Councilman Colwell, that this be referred to the Planning and Zoning Board for their recommendation, with the proviso that they take the matter of water with this subdivision under consideration in making their recommendations. Roll was called resulting as follows: Ayes, Councilmen Johnson, Colwell, McMillan, Guyer and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. A proposed agreement between the Union Pacific Railroad Company , the Colorado and Southern Railway Company, State Highway Department and the City of Fort Collins in ref ence railroad grade crossing and signals, was presented. The following resolution was pre - rented and read at length: RESOLUTION OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING AN AGREEMENT WITH THE UNION PACIFIC RAILROAD COMPANY, THE COLORADO AND SOUTHERN RAILWAY COMPANY AND DEPARTMENT OF HIGHWAYS, STATE OF COLORADO, FOR THE PRE-EMPTION OF VEHICULAR TRAFFIC AT THE RAILROAD GRADE CROSSING IN THE VICINITY OF THE INTERSECTION OF STATE HIGHWAY 14 WITH RIVERSIDE DRIVE AT FORT COLLI: COLORADO WHEREAS, the UNION PACIFIC RAILROAD COMPANY, THE COLORADO AND SOUTHERN RAILWAY COMPANY and DEPARTMENT OF HIGHWAYS, STATE OF COLORADO, have tendered to the CITY OF FORT COLLINS, State of Colorado, an agreement providing for the pre-emption of vehicular traffic at the railroad grade crossing in the vicinity of the intersection of State Highway 14 with Riverside Drive at Fort Collins, Larimer County, Colorado, by interconnecting the highway traffic control signals with the grade crossing protection signals; said agreement being identified in Union Pacific Railroad Company's records as its C.D. No. 35387-A; and SHEREAS, the Council of the City of Fort Collins has aaid proposed agreement befo it careful review and consideration; and WHEREAS, it is considered that the best interests of said City of Fort Collins, State of Colorado, will be subserved by the acceptance of said agreement; 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 Railroad 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 aid directed to exe- cute 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 said agreement a certified copy of this resolution. Passed and adopted at a regular meeting of the City Council held this 25th day of February, A. D. 1965. 128 Motion was made by Councilwoman Quinn, 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 communication was presented and read at length: February 18, 1965 City Engineers Office Mr. Adam Fischer Mr. Fischer: I would like for the city council to grant me permission to use Ordinance No. 20, 1963, which would give me the alternative of using 3 times the building floor area as basis fort he water and Sanitary Sewer Assessment. This for Lots 45 through 51, Block 275, West side Addition. The dimensions of my building ase 134.67 by 70. Thank you for your time. Sincerely, /s/ Bob Marshall The following report was presented and read at length: Robert F. Boos City Manager February 23, 1965 Re: Requested exception to water and sewer policy by Bob Marshall A written request has been received from Mr. Bob Marshall grant an on to that the Council Resubdivisionpofb�ockt275water Westside Addition on Lots 45 through 51, Golding Dwyers Mr. On asked that an exception be made as provided in Section 21-2 of the Code of Ordinances of Fort Collins. The applicable part of the referred to Section is quoted as follows: . and provided further that in case of permission of the Council, furnish a plat of the lot areasconcerPropshowinwner mto portions thebassessment hereinccupied by ldings on s provvided for, totarea and ether withhe the may permit the charging of p g trunk line for in Section 21-45 of the Code of Ordinances, on the basis sewer assessment provided to be occupied by buildings, inwhich case such assessments of the area of such lot actuallyof tleast shall be based on a lot area imumassthree assessment of imes the total square footage of further the buildings provided that if on such lot with a min - such alternate means of assessing is used a further assessment Shall be due on the constructed on the lot involved." same basis for any buildings thereafter The total area of the buiildin75Proposedsq.ffo construction is 9.,422 square feet. The total lot area is approximately 5, is a wqre house and it is Mr. Marshall's contention thatTae proposed use for the building lot area will not be used for any purpose. Under t he above Ord one-half of the tote' included in the trunk line assessment would be either ordinance provision the area feet of if the exception is made, b.) three times the b.) the lot area of 55 758.2 square total trunk line assessment being 21¢, Water and 4, Se�ding or 28,266 sq. feet. With. assessments would be $1,393.95 and 706.65 ), the respective trunk line The ordinance section makes no provision struction assessments. for making exception to the main con- /s/ C. Adam Fischer Director of Public Works After discussion, motion was made by Councilman Johnso n, seconded by Councilman McMillan, that the request of Mr. Marshall be granted. i:4o11 was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Guyer and Councilwoman Quinn. The President declared the motion adopted, Nayes: None• The following communication was presented and read at length: City Council of the City of Fort Collins City Hall Fort Coll"ns, Colorado Gentlemen: P0• Box 44 Pierce, Colorado February 24, 1965 The undersigned herewith offers units of water from the works to sell to the City of the Northern Colorado of Fort Collins 100 acre foot R per acre foot unit of a total selling price of $10,000.00_er Conservancy District at $100.0' The undersigned will pay the transfer fee for transfer of the water rights to the 129 City of Fort Collins, and will furnish a Transfer Application for Class "'D" Allotment duly executed by the undersigned and any holder of an encumbrance against the property from which said water is to be transfared, and will furnish an Abstract of Title extended to date for examination purposes only so that the City Attorney may furnish the necessary Lega Opinion to the Northern Colorado Water Conservancy District. The expense of examination of title for the title opinion to be furnished to the Conservancy District shall be the expens of the City of Fort Collins. It is the understood that after acceptance of this offer and receipt of the signed Application for Transfer, the Abstract of Title, and the Transfer Fee Check, the City will expedite the delivery of all documents necessary to complete the transfer to the office of the Northern Colorado Water Conservancy District at least two days before the March 12, 1965, meeting of the District's Board. C Payment of the purchase price will be upon approval by the Northern Colorado Water onservancy District of the transfer of said water rights to the City of Fort Collins, The within offer is conditioned upon its being accepted on or before March 2, 1965 Deposit of notice of acceptance in the mails addressed to the undersigned on or before said date shall comply with the within provision relating to notice. Notice of acceptance so addressed or delivered to t he undersigned will make the within offer a binding sale -purchase agreement between the parties. Sincerely yours, /sl J. Wylie Kennedy Clara M. Kennedy The following communication was presented and read at length: Pierce, Colorado February 24, 1965 City Council of the City of Fort Collins, City Hall Fort Collins, Colorado Gentlemen: The undersigned herewith offers to sell to the City of Fort Collins 75 acre foot units of water from the works of the Northern Golbrado Water Conservancy District at $100.0C per acre foot unit or a total selling price of $7,500.00. The undersigned will pay the transfer fee for transfer of the water rights to the City of Fort Collins, and will furnish a Transfer Application for Class "D" Allotment duly executed by the undersigned and any holder of an encumbrance against the property from which said water is to be transferred, and my Attorney, Mr. Robert G. Smith, Greeley, Colorado, will furnish the Legal Opinion required by the Northern Colorado Water Conservancy District. It is understood that after acceptance of this offer and receipt of the signed Application for transfer, the Transfer Fee Check, and the.Legal Opinion, the City of Fort Collins will expedite the delivery of all documents necessary to complete the transfer of said water rights tot he Office of the Northern Colorado Water Conservancy District to arrive at least two days before the March 12, 1965, meeting of the Conservancy DistrictIa Board. Payment of the purchase price will be upon approval by the Northern Colorado star Conservancy District of the transfer of said water rights to the City of Fort Collins. The within offer is conditioned upon its being accepted on or before March 2, 1965 Deposit of notice of acceptance in the mails addressed to the undersigned on or before said date shall comply with the within provision relating to notice. Notice of acceptance so addressed or delivered to the undersigned will make the within offer a binding sale -purchase agreement tetween the parties. Respectfully yours, /a/ Lee R. Walker Motion was made by Councilman Johnson, seconded by Councilman Guyer, that these offeres be accepted and referred to the City Attorney to prepare the necessary letters of acceptance. Roll was caled resulting as follows: Ayes: Councilmen Johnson, Colwell, KeMillan, Guyer a nd Councilwoman Quinn. Nayes: None. The President declared the motion pted. The following resolution was presented and read at length: RESOLUTION OF THE COUNCIL OF THE CITY OF FORT COI.LINS EXCUSING THE PAYMENT OF THE FEE PROVIDED IN SEC- TION 22-la OF THE CODE OF ORDINANCES OF THE CITY OF FORT COLLINS; COLORADO, 1950, AS AMENDE WHEREAS, Schwartz Salvage Compalmy has applied to a permit to occupy metered space at the intersection of Walnut Street and WHEREAS, the reason for said application is to facilitate the ra zing of the build Cng on the western corner of said intersection, and WHEREAS, said building is being torn down so as to establish a public parking lot U0 -_-- Fobruary 29- 1Q9 _ on said site, and WHEREAS, Schwartz Salvage Company has requested that the City excuse the charge for occupying said metered space, and WHEREAS, in the opinion of the City Council this project will benefit the City and said charge should be excused. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that pursuant to the provisions of Section 22-1a of the Code of Ordinances of the City of Fort Collins, Colorado, 1959, as amended, the charge for the permit provided in said Section be excused and the permit applied for be granted. Passed and adopted at a regular meeting of the City Council held this 25th day of February, A. D. 1965. yor ATTEST: IsZ Miles F. House City Clerk Motion was made by Councilwoman Quinn, seconded by Councilman Guyer, that this resolution be adopted. Roll was called resulting as follows: Ayes: Councilmen Johnson, i Colwell, McMillan, Guyer and Councilwoman Quinn. Nayes: None. The President declared I, the motion adopted. The Council recessed to 3:00 o'clock at which time the Charter for the Boy Scout, Troop No. 91, which is being sponsored by the Police Department, of t he City of Fort Collin was to be presented. The program for this Boy Scout Troop is closely connected with law enforcement and the various officers of the Police Department are working with the boys on these programs. The Charter who for this Post was presented to Chief of Police Roy Hollady, as head of the sponsors group,/turned it over to the troop leader for filing. Motion was made by Councilwoman Quinn, seconded by Councilman Guyer, that the Council adjourn. Roll was called resulting as follows- Ayes: Councilmen Johnson, Colwell McMillan, Guyer and Councilwoman Quinn. Nayes: None adopted and the Council adjourned. ATTEST: City Clerk The President declared the motion t.