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HomeMy WebLinkAboutMINUTES-11/27/1968-Adjourned208 MINUTES OF AN ADJOURNED MEETING OF THE COUNCIL OF THE CITY OF FORT COLLINS, Held Wednesday, November 27, 1968, at 1:30 o'clock P.M. Present: Councilmen Carson, Troxell, Kissock, Kruchten and Bennett. City Manager Coffey, Assistant City Attorney March, Jr., and Director of Public Works Liquin. Motion was made by Councilman Kissock, seconded by Councilman Bennett, that the reading of the minutes.of'the last regular meeting held November 21, 1968, be dispensed wiY. Roll was called resultig as follows: Ayes: Councilmen Carson, Troxell, Kissock, Kruchten and Bennett. Nayes: None. The President declared the motion adopted. The following -ordinance was presented on second m ding: fib_ - ORDINANCE NO. 51, 1968 BEING AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF FORT COLLINS BY CHANGING THE ZONING CLASSIFICATION FOR CERTAN PROPERTY Motion was made by Councilman Kruchten, seconded by Councilman Troxell,-that Ordinance No. 51, 1968, be adopted a-d become a law upon passage. Roll was called result- ing as follows: Ayes: Councilmen Carson, Troxell, Kissock, Kruchten and Bennett. Nayes: None. The President declared the motion adopted. Ordinance No. 53, 1968, was presented as an -emergency ordinance as follows: 13 ORDINANCE NO. 53, 1968 BEING AN ORDINANCE CONCERNING CHAPTER 18 OF THE CODE OF ORDINAN;ES OF THE CITY OF FORT COLLINS , COLORADO, L958, AS AMENDED, ENTITLED "OFFENSES GENERALLY", AMENDING SECTION 18-33.1 (e), ADDING NEW SECTIONS CONCERNING LOITERING OR PROWLING, FAILURE TO LEAVE SCHOOL GROUNDS OR CAMPUS, UNLAWFUL ASSEMBLY, DISORDERLY CONDUCT, AND OBSTRUCTING PUBLIC STREETS AND PLACES The Mayor opened the meeting to anyone present who wished to speak upon the subject before the Council. He requested that those groups present should have a spokesman for the group, but that anyone present was at liberty to address the Council. He requested that the discussion should be limited to the subject matter and after dis- cussion of one point to the satisfaction of those present, that the matter covering this should not be repeated. Those present spoke in the following order upon the various questions they had regarding the ordinance: I. Jim Bergen, represented the committee; 2. John 0. Walker, Attorney for the Associated students of C.S.U:; 3. Mr. Floyd Shumaker, Assistant Professor of C.S.U.; 4. Mr. Myer Nathan, 315 E. Olive; 5. R. D. Laken, 1844 Lakewood Dr.; 6, Mr. Sigman Nye, 1832 Prospect, Professor of C.S.U.; 7. Rev. Ostertag, 1304 S. College Avenue, Rector of Episcopal Church; 8. Mr. Ernest Frank, Villanova Court, C.S.U. Forestry Department; 9. Edwin N. Burnett, 1331 Lawton Dr., student of C.S.U.; 10. Tom Waymon, an instructor of C.S.U.; 11. Mr. Robert Proctor of 728 So. Washington, C.S.U. student; 12. Mr. Bill Mann; 13. Mr. Bruce Frye, Professor at C.S.U.; 14. Mr. Bob Garrison, 1331 Lawton Dr. student; 15. Mr. Larry Davidson, Teacher at Jr. High, 701 Lindenmeir; 16. Mr. Allen Anderson,2O4 Dean Drive; 17. Mr. J. C. Nelson, student of C.S.U.; 18. Mr. Nicholas Krome, Instructor. Sargent Bill Graves of the C.S.U. Security Police, explained to those present, the cause for the emergency ordinance to be acted upo n , referred to the past 15 days of violance , etc., and the threats of further upsets in the very near future. After some discussion between members of the Council, motion was made by Councilman Bennett that Ordinance No. 53, 1968, be adopted on first reading and to be presented for final adoption on the 12th day of December, with the stipulation that if an emergency arises, the Council may be called into special session and pass Ordinance No. 53, 1968, as an emergency ordinance. 0 209 N.ovember27, 1968 The motion was seconded by Councilman Kruchten.-`-; -;The Chairman put the motion which was unanimously adopted. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Kissock, Kruchten and Bennett. Nayes: None. :,:• The following findings and resolution were presented and read at length: FINDINGS AND RESOLUTION OF THE COUNCIL OF THE CITY OF FORT COLLINS CONCERNING AN APPLICATION FOR CLASS B LICENSE TO SELL NON -INTOXICATING MALT LIQUOR. The application of Speedy Foods, Inc., a Colorado Corporation,'for a license for the sale of non -intoxicating malt liquor for consumption off the premises in accordance wi' Chapter 2 of the Code of Ordinances of the Citycf Fort Collins, Colorado, 1958, as amended, came on for hearing on November 21, 1968, before the City Council; and tk-e City Council, having heard the testimony and received the evidence adduced upon said hearing and having considered and weighed the same and being familiar with the neighborhood for which the license is sought, now makes the following findings: 1. The license sought by the applicant is for a location at 1205 West Elizabeth Street in the existing Campus West Shopping Center, immediately surrounded by commercial businesses. The applicant presently operates a retail grocery store at this location and the license is sought in conjunction with such operation. 2. The testimony and petitions presented by the applicant may be summarized as follows: A. The President and manager of the applicant testified regarding the circu- lation of the petitions which were presented and the manner in which the proposed outlet would be operated. Petitions were presented from the neighborhood indicating the persons signing the same felt that the needs of the neighborhood were not being served by any existing outlets and that they desired the granting of the license. 3. No testimony or petitions were presented on behalf of any opponent. 4. from the foregoing andfrom the other testimony in evidence presented at the hearing and by reason of being familiar with the proposed location and the neighborhood affected, it is the opinion and -findings of the City Council that: A. The inhabitants of the neighborhood desire that the license be granted. B. The needs of the neighborhood require the granting of the license applied for. C. It is, therefore, the determination of the City Council that the license should be granted in accordance with the resolution accompanying these findings. J�t� RESOLUTION OF THE COUNCIL OF THE CITY OF FORT COLLINS CONCERNING APPLICATION FOR CLASS B LICENSE TO SELL NON -INTOXICATING MALT LIQUOR WHEREAS, the City Council of the City of Fort Collins has heard the application of Speedy Foods, Inc., for a class B license to sell non -intoxicating malt liquor for con- sumption off the premises; and WHEREAS, the City Council has made its findings upon the evidence, testimony, petitions and considerations submitted and known or made known -to it concerning the pro- posed premises and the neighborhood involved, which findings precede this resolution and by reference are incorporated herein and made a part hereof; and WHEREAS, the City Council has carefully considered the application 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 Speedy Foods, Inc., for a Class B license to sell non -intoxicating malt liwuor off the premises be and it hereby is granted. Passed and adopted at a regular meeting of the City Council held this 27th day of November , A. D. 1968. /s/ Karl E. Carson Mayor ATTEST: /s/ Miles F. House City Clerk Motion was -made by Councilman Kruchten, seconded by Councilman Bennett, that this resolution be adopted. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Kissock, Kruchten and Bennett. Nayes: None. The President declared the motic ;h adopted. 210 November 27, 1968 rfor Mr. Stanley Case explained the new joint pole agreement which is being prepared execution by the City and the Mountain State and Telegraph Company for the joint use of po;es. It appears that this agreement varies somewhat to agreements that have been in effect since 1936, in that it sets up a format for determining the amount of the rental paid by the City and Telephone Company. It appears that the settlement each year will be to the advantag:e•of the City financially. Motio n was made by Councilman Kissock, seconded by Councilman Bennett, that the Council approve the format used in the joint pole agreement by the City Light and Power Department and the Mountain States Telephone and Telegraph Compaq. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Kissock, Kruchten and Bennett. Nayes: None. The President declared the motion adopted. The application of C. J. Streit dba Pizza Roma, 746 North College Avenue, to the State of Colorado, for renewal of 3.27o Beer License, was presented. Motion was made by Councilman Kruchten, seconded by Councilman Kissock, that the Mayor and City Clerk be authorized to execute the approval of the licensing authority. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Kissock, Kruchten and Bennett None. The President declared the motion adopted. The application of C. J. Streit dba Pizza Roma, 746 North College Avenue, to the City for a renewal of a Non -Intoxicating Malt Liquor license, accompanied by the Naye 41: required license fee, was presented. Motion was made by Councilman Kruchten, seconded by Councilman Kissock, that the license be granted subject to the issuance of the State license. Roll was called resulting as follows: Ayss: Councilmen Carson, Troxell, Kissock, Kruchten..and Bennett. Nayes: None. The President declared the motion adopted. Motion was made by Councilman Bennett, seconded by Councilman Kruchten, that the Council adjourn. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Kissock, Kruchten and Bennett. Nayes- None. The President declared the moti adopted and the Council adjourned.. yor ATTEST: y ule