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..
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ATTEST:
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