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HomeMy WebLinkAboutMINUTES-01/13/1966-Regular522 MINUTES OF A REGULAR MEETING OF THE COUNCIL OF THE CITY OF FORT COLLINS, Held Thursday, January 13, 1966, at 1:30 o'clock P.M. Present: Councilmen Carson, McMillan, Bennett and Kruchten. City Manager Coffey, City Attorney March and City Engineer Fischer. Absent: Councilman Johnson, excused. Acting Mayor Bennett presiding. Motion was made by Councilman Carson, seconded by Councilman Kruchten, that the reading of the minutes of the last regular meeting held January 6, 1966, be dispensed with. Roll was called resulting as follows: Ayes: Councilmen Carson, McMillan, Bennett and Kruchten. Absent: Councilman Johnson, excused. Nayes: None. The President declared the', motion adopted. The following ordinance was presented on second reading: ORDINANCE NO. 66, 1965 ACCEPTING AND APPROVING THE PLAT OF WHAT IS KNOWN AS THE THUNDERBIRD ESTATES TENTH ANNEXATI TO THE CITY OF FORT COTLTNS AND TO BE INCLUDED WITHIN THE LIMITS AND JURISDICTION THEREOF, PURSTTANT TO THE AUTHORITY CONTAINED IN ARTICLE 11, CHAPTER 139, COLORADO REVISED STATUTES, 1953• Motion was made by Councilman McMillan, seconded by Councilman Carson, that Ordi- nance No. 66, 1966, be adopted and become a law upon passage. Roll was called resulting as follows: Ayes: Councilmen Carson, McMillan, Bennett and Kruchten. Absent: Councilman Johnson, excused. Nayes; None. The President declared the motion adopted. The following ordinance was presented on second reading: ORDINANCE NO. 67, 1965 BEING AN ORDINANCE AMENDING SECTTON 5-25 OF THE CODE OF ORDINANCES OF THE CITY OF FORT COLLINS, COLORADO, 1958, AS AMENDED, RELATING TO SOLICITING SALES IN THE CITY OF FORT COLLI Motion was made by Councilman Carson, seconded by Councilman McMillan, that Ordi- nance No. 67, 1965, be adopted and become a law upon passage. Roll was called resulting as follows: Ayes: Councilmen Carson, McMillan, Bennett and Kruchten. Absent: Council- man Johnson, excused. Nayes: None. The President declared the motion adopted. The following ordinance was presented on second reading: ORDINANCE ND. 68, 1965 BEING AN ORDINANCE REQUIRING THAT ALLA'PPL-ICANTS FOR JOBS WITH THE CITY OF FORT COLLINS BE FINGERPRINTED. Motion was made by Councilman McMillan, seconded by Councilman Kruchten, that Ordinance No. 68, 1965, be adopted and become a law upon passage. Roll was called resul as follows: Ayes: Councilmen Carson, McMillan, Bennett and Kruchten. Absent : Council- man Johnson, excused. Nayes: None. The President declared the motion adopted. The following ordinance was presented on first reading: ORDINANCE NO. 9, 1966 BEING AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE CITY OF FORT COLLINS, COLORADO Motion was made by Councilman McMillan, seconded by Councilman Carson, that Ordi- nance No. 9, 1966, be considered favorably on first reading, and ordered published this 13th day of January, A. D. 1966, and to be presented for final passage on the 3rd day of February, A. D. 1966. Roll was called resulting as follows: Ayes: Councilmen Carson, McMillan, Bennett and Kruchten. Absent: Councilman Johnson, excused. Nayes: None. The President declared the motion adopted. The following resolution was presented and read at length: RESOLUTION OF THE COUNCIL OF THE CITE' OF FORT COLLINS GIVING NOTICE CONCERNING A PROPOSED ORDINANCE AMFNDING CHAPTER 19 OF THE CODE OF ORDINANCES OF THE CITY OF FORT COLLINS, COLORADO, 1958, AS EMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE, IN ORDER TO CLASSIFY FOR ZONING PUR- POSES CERTAIN PROPERTY BEING ANNEXED TO THE CITY OF FORT COLLINS 523 WHEREAS, heretofore the City Council of the City of Fort Collins initiated annex ation procedures for certain property known as the Rhodes West Elizabeth First Annexation to the City of Fort Collins more particu;arly described in the "Notice of Public Hearing" attached hereto, and WHEREAS, the owners of said property have petitioned that said property be in- cluded in the "R-L" Low Density Residential District, and WHEREAS, the Planning and Zoning Board has made a study of said zoning request and has held a hearing and has made a report and recommendation thereon, all in accordance with Section 19-46 of the Code of Ordinances of the City of Fort Collins, Colorado, 1958, as amended, and WHEREAS, the City Council desires to hold a hearing on said zoning request as required by said Section 19-46. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that February 3, 1966, at 1:30 P.M., or as soon thereafter as the matter may come on for hear- ing, in the Council Chambers in the City Hall of the City of Fort Collins, is hereby set as the time and place for a public hearing on said zoning request; and BE IT FURTHER RESOLVED that the City Clerk is hereby instructed to publish a notice of said hearing as provided in Section 19-46 of the Code of Ordinances of the City of Fort Collins, Colorado, 1958, as amended, in the form attached hereto. Passed and adopted at a regular meeting of the City Council held this 13th day of January, A. D. 1966. ATTEST: /s/ Miles F. House City Clerk /sl Harvey G. Johnson Mayor NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Notice is her eby given that on February 3, 1966, at 1:30 P.M., or as soon there after as the matter may come on for hearing, in the Council Chambers in the City Hall of the City of Fort Collins, the City Council will hold a public hearing on a petition here- tofore filed requesting that the property comprising the Rhodes West Elizabeth First Annex ation be placed in a R-L Low Density Residential District under the zoning ordinances of the City of Fort Collins, Colorado. The property comprising sa;d annexation is more particularly described as sit- uate in the County of Larimer, State of Colorado, to -wit: Considering the North line of Section 16, Township 7 North, Range 69 West of the Sixth P.M., as bearing N. 890-35'30" W. and with all bearings contained herein relative thereto is contained within the boundary lines which begin at a point which bears N. 89035'30" W. 2970.00 feet, and again S. 00025t E. 1320.00 feet from the Northeast corner of said Section 16, and run thence S. 00025, E. 528.00 feet: thence N. 89°35130" W. 164.00 feet; thence N. 000251 W. 328.00 feet; thence N. 8035'30" W. 100.00 feet; thence N. 00025, W. 200.00 feet to a point on the Southerly line of the West Mulberry First Annexation to the City of Fort Collins, Colorado; thence S. 89035130" E• 264.00 feet along said Southerly line to the point of beginning; Dated at Fort Collins, Colorado, this 13th day of January, A. D. 1966. /a/ Miles F. House City Clerk Motion was made by Councilman Ca -son, seconded by Kruchten, that this resolution be adopted. Roll was called resulting as follows: Ayes: Councilmen Carson, McMillan, Sennett and Kruchten. Absent: Councilman Johnson, excused. Nayes: None. The President declared the motion adopted. The following ordinance was presented on first reading: ORDINANCE NO. 10, 1966 BEING AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE CITY OF FORT COLLINS, COLORADO Motion was made by Councilman Carson, seconded by Councilman McMillan, that Ordi fiance No. 10, 1966, be considered favorably on first reading, and ordered published this 13th day of January, A. D. 1966, and to be presented for final passage on the 3rd day of February, A. D. 1966. Roll was called resulting as follows: Ayes: Councilmen Ohnson, McNlillan, Bennett and Kruchten. Absent: Councilman Johnson, excused. Nayes: None. The President declared the motion adopted. 524 The following resolution was presented and read at length: RESOLUTION OF THE COTTNCTL OF THE CITY OF FORT COLLINS GIVING NOTICE CONCERNING A PROPOSED ORDINANCE AMENDING CHAPTER 19 OF THE CODE OF ORDINANCES OF THE CITY OF FORT COLLINS, COLORADO, 1958 AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE, IN ORDER TO CLASSIFY FOR ZONING PURPO CERTATN PROPF,RTY BEING ANNEXED TO THE CITY OF FORT COLLINS WHEREAS, heretofore the City Council of the City of Fort Collins initiated annexa-I tion procedures for certain property known as the Becksted Annexation to the City of Fort Collins more particularly described in the "Notice of Public Hearing" attached hereto, and WHEREAS, the owners of said property have petitioned that said property be includ- ed in the R-L Low Density Residential District, and WHEREAS, the Planning and Zoning Board has made a study of said zoning request and has held a hearing and has made a report and recommendation thereon, all it accordance with Section 19-46 of the Code of Ordinances of the City of Fort Collins, Colorado, 1958, as amended, and WHEREAS, the Citv Council desires to hold a hearing on said zoning request as required by said Section 19-46. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that February 3, 1966, at 1:30 P.M., or as soon thereafter as t he matter may come on for hearing in the Council Chambers in the City Hall of the City of Fort Collins, is hereby set as the time and place for public hearing on said zoning request; and BE IT FURTHER RESOLVED THAT the City Clerk is hereby instructed to publish a notice of said hearing as provided in Section 19-46 of the Code of Ordinances of the City of Fort Collins, Colorado, 1958, as amended, in the form attached hereto. Passed and adopted at a regular meeting of the City Council held this 13th day of January, A. D. 1966. sl Harvey G. Johnson ayor ATTEST /s/ Miles F. House Gdiy Clerk NOTICE OF PUBLTC HEARING TO WiTOM IT MAY CONCERN: Notice is hereby given that on February 3, 1966, at 1:30 P.M., or as soon there- after as the matter may come on for hearing, in the Council Chambers in the City Hall of the City of Fort Collins, the City Council will hold a public hearing on a petition meref filed requesting that the property comprising the Becksted Annexation be placed in a R-L Low Density Residential District under the zoning ordinances of the City of Fort Collins, Colorado. The property comprising said annexation is more particularly described as situate in the County of Larimer, State of Colorado, to -wit: The Southwest 4 of the Northwest 4 of Section 21, Township 7 North, Range 69 West of the 6th P.M. Dated at Fort Collins, Colorado, this 13th day of January, A. D. 1966. Isl Miles F. House City Clerk Motion was made by Councilman Carson, seconded by Kruchten, that this resolution be adopted. Roll was called resulting as follows: Ayes: Councilmen Carson, McMillan, Bennett and Kruchten. Absent: Councilman Johnson, excused. 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 A PETITION FOR THE ANNEXATION OF THE RHINER ANNEXATION TO THE CITY OF FORT COLLINS; SETTING THE DATE FOR HEARING ON AN ORDINANCE APPROVING THE. ANNEXATTON THEREOF; AND GIVING NOTICE THEREOF WHEREAS, heretofore on the 9th day of December, A. D. 1965, a written petition was presented to the Council of the City of Fort Collins in substantial compliance wilth the provisions of Colorado Revised Statutes, 1953, 139-11-3, by the owners of more than fifty per cent (50%) of the area and who comprise the majority of landowners residing in the area of the following describedland, situate in the County of larimer, State of Colorado, to -wit A tract of land situate in the NE4 of Section 13, Township 7 North, Range 69 West of the Sixth P.M., contained within the boundary lines which begin at the NE corner of the First East Laurel Street Annexation to the City of Fort Collins, Colorado, and run thence East 16.8 feet along the Southerly line of the Lesser 525 Subdivision; thence North 30.00 feet along the Easterly line of said Subdivision; thence East 115.7 feet; thence South 87.3 feet; thence West 132.5 feet to a point on the East line of the First East Laurel Street Annexation; thence North 57.3 feet along said East line to the point of beginning; WHEREAS, said owners have requested that the above described lands be admitted the City of Fort Collins and be included within the limits and jurisdiction thereof as 11'C" Commercial District, and WHEREAS, the Council of the City of Fort Collins has found that the petition and documents thereto attached meet the requirements of Section 139-11-3, Colorado Revised utes, 1953. NOW, therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS, thajt the �r9resaid petition be and the same is hereby accepted and that February 24, 1966, be and that the same is hereby designated as the date for the hearing on an ordinance approving the annexation of the above described territory andincluding the same within the limits sod jurisdiction of the City of Fort Collins, and to be included as a part of the "C" Commercial District; BE IT FURTHER RESOLVED that the City Clerk be and he is hereby ordered to publish notice of said petition and the date set for hearing on the ordinance approving the annexa- tion in the Fort Collins Coloradoan, the official newspaper of the City, in the issues of such newspaper published January 16 and 25, February 1 and 8, 1966, and that such notice be in words and figures as follows: "NOTICE OF PUBLIC HEARING To WHOM IT MAY CONCERN: Notice is herewith given that a petition was presented on January 13, 1966, to the Council of the City of Fort Collins requesting that the following described land, situate in the County of Larimer, State of Colorado, to -wit: A tract of land situate in the NE -if of Section 13, Township 7 North, Range 69 West of the Sixth P.M., contained within the boundary lines which begin at the Northeast corner of the First East Laurel Street Annexation to the City of Fort Collins, Colorado, and run thence East 16.8 feet along the Southerly line of the Lesser Subdivision; thence North 30.00 feet along the Easterly line of said Subdivision; thence East 115.7 feet; thence South 87.3 feet; thence West 132.5 feet to a point on the East line of the First East Laurel Street Annexation; thence North 57.3 feet along said East line to the point of beginning; be annexed and made f part of the City of Fort Collins and be included within the limits and jurisdiction thereof as a "C" Commercial District. That said petition was signed by the owners of more than fifty per cent (50%) of the area and who comprise the majority of landowners residing in the area of said land. That said petition was accepted by the Counci of the City of Fort Collins on January 13, 1966, and that hearing on an ordinance approving said annexation will be held in the Council Chambersatnathe regular meeting ofthe theCity Councilrto Collins, Colorado at the hour of 1:30 o'clock P.M. be held the 24th day of February, A. D. 1966• That the landowners of the area proposed to be annexed may express t heir ` opposi- tion to the annexation and secure an election by complying with the provisions of olorado Revised Statutes, 1953, 139-11-4. Dated at Fort Collins, Colorado, this 13th day of January, A. D. 1966. /a/ Miles F. House City Clerk" Passed and adopted at a regular meeting of the Council held this 13t1a day of January, A. D. 1966. Zsl Harvey G. Johnson Mayor ATTEST: Miles F. House y Clerk Motion was made by Councilman Carson, seconded by Councilman McMillan, that this resolution be adopted. Roll was called resulting as follows: Ayes: Councilmen Carson, McMillan, Bennett and Kruchten. Absent: Councilman Johnson, excused. Nayes: None. The President declared the motion adopted. The following resolution was presented and read at length, RESOLUTION THE COUNCIL OF THE CITY OF FORT COLLINS GIVING PUBLIC NOTICE CONCERNING A PROPOSED ORDI- CE CHANGING THE ZONING MAP OF THE CITY OF FORT COLTINS AND AMENDING CHAPTER 19 OF THE E OF ORDINANCES OF THE CITY OF FORT COLLINS, COLORADO, 1958, AS AMENDED, COMMONLY KNOWN THE ZONING ORDINANCE 526 January 13, 1966 WHEREAS, a written petition has been presented to the City Council requesting that the zoning classification for the property more particularly_ described in the "Notice of Public Hearing" attached hereto be changed from R-L Low Density Residential District to R-M Medium Density Residential District, and WHEREAS, the Planning and Zoning Board has made a study of said rezoning request and had held a hearing and made a report and recommendation thereon, all in accordance with the provisions of Section 21 of Ordinance No. 46, 1965, and WHEREAS, the City Council desires to hold a public hearing on said rezoning reques� as required by Section 21.1 (2) of Ordinance No. 46, 1965, NOW, THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that February 3, 1966, at 1:30 P.M., or as soon thereafter as the matter may come on for hearing, in the Council Chambers in the City Hall of the City of Fort Collins is hereby set as the time and place for a public hearing on said rezoning request; and BE IT FURTHER RESOLVED that the City Clerk is hereby instructed to publish a not of said hearing as provided in Section 21.1 (2) of Ordinance No. 46, 1965, in the form attached hereto. Passed and adopted at a regular meeting of the City Council held this 13th day of January, A. D. 1966. /s/ Harvey G. Johnson Mayor ATTEST: sl Miles F NOTICE OF PUBLIC HEARING 0 WHOM IT MAY CONCERN: Notice is hereby given that on February 3, 1966, at 1:30 P.M., or as soon there- after as the matter may come on for hearing, in the Council Chambers intthe City Hall of the City of Fort Collins, the City Council will hold a public hearing on a petition hereto- fore filed requesting that the zoning classification be changed f rom R-L Low Dean ty Resi- dential District to R-M Medium Density Residential District for the following described property, to -wit: Martin Subdivision and Martin Subdivision, Second Filing, in the City of Fort Colllns, Colorado Dated at Fort Collins, Colorado, this 13th day of January, A. D. 1966. Isl Miles F. House City Clerk Motion was made by Councilman McMillan, seconded by Councilman Kruchten, that this) solution be adopted. Roll was called resulting as follows: Ayes: Councilmen Carson, illan, Bennett and Kruchten. Absent: Councilman Johnson, excused. Nayes: None. The resident declared the motion adopted. The annual report of the Public Library Board was presented. Motion was made by ouncilman McMillan, seconded by Councilman Bennett, that this annual report be accepted. 11 was called resulting as follows: Ayes: Councilmen Carson, McMillan, Bennett and uchten. Absent: Councilman Johnson, excused. Nayes: None. The President declared the motion adopted. Councilman Bennett stated that he thought that it would be wise if the members of the Council would meet with the Library Board and discuss some of the matters that have troubling- them regarding the County library for the past three or four weeks. The ngements for such meeting was left to the City Manager. The following communication was presented and read at length: 0: Tom Coffey, City Manager ROM: R. S. Baker, Purchasing Agent ATE: January 10, 1966 Bids were opened on January 6, 1966, for supplying the City of Fort Collins with asoline, fuel oil, chlorine, aluminum sulphate, lime and activated carbon for one year. Bids were also opened for one year fleet insurance policy and one year general isbility policy. Attached are tabulation of bids. All b ids have been checked and meet specifica- ions . It is recommended the low bid of the Don Farnham Agency for fleet insurance and eneral liability insurance be accepted. 527 The Sinclair bid on gasoline at .1093¢ is low and is therefore recommended for acceptance. It is recommended the low bid of the Continental Oil Company for fuel oil be eccepted. Since Van Water & Robers bid was on all or none basis, the Thompson --Hayward price on activated carbon would be low. Mine & Smelter Supply was the low bid der on hydrated lime and it is recommended that their bid be accepted. Since Thompson--Hayward's low bid on aluminum sulphate was contingent with out - purchasing chlorine it is recommended we buy both from this supplier. Respectfully submitted, R. S. Baker, Purchasing Agent Motion was made by Councilman McMillan, seconded by Councilman Carson, that the bids be accepted as recommended by the Purchasing Agent. Roll was calbd resulting as follows: Ayes: Councilmen Carson, McMillan, Bennett and Kruchten. Absent: Councilman Johnson, excused. Nayes: None. The President declared the motion adopted. Alvin L. Miller and John Elliott Miller were present and asked to be heard in reference to the zoning of the West Elizabeth Foothills Annexation and the West Prospect Second Annexation. Inasmuch as the zoning, as requested in the petitions for annexation of these two tracts of land , were not questioned as being allowed in the annexation proceeding for the reason that the new zoning ordinance No. 46, 1965, was in the process of being pre- pared for adoption and the map attached thereto was not zoned as requested in the annexatioi proceedings. Messrs. Alvin L. and John Elliott: Miller were advised that it would be neces- sary to proceed with the rezoning to bring the property in line with the comparable zones requested in the annexation proceedings. They were complaining that action of the properti� to rezone was dragged out considerably and that they were being held up in the sale of some of their lots, etc., and the fact that permits would be granted for the zoning as previousl• requested. There was considerable discussion between the Council, the Planning and Zoning Director Gene Allen and Alvin and Elliott Miller regarding this matter. After further discussion, motion was made by Councilman Carson, seconded by Councilman McMillan, that this matter be tabled for two weeks for clarification. Roll was called resulting as follows: Ayes: Councilmen Carson, McMillan, Bennett and Kruchten. Absent: Councilman Johnson, excused. Nayes: None. The President declared the motion adopted. Mr. Alvin L. Miller and John Elliott Miller requested the Council to allow them to apply for permits and authorize the Building Inspection Department to issue those permits for the new zoning as was being requested. The City Attorney advised the Council that this could be done but the eitire risk of the matter would be with the developers in case the rezoning was not approved. After discussion, motion was made by Councilman Carson, seconded by Councilman Kruchten, that the permits be authorized to be granted in West Elizabeth Foot- hills and West Prospect Second Annexations on all lots for which a building permit is applied for previously to completion of the rezoning of these annexations and that the devel oilers would be responsible for any change necessary if the rezoning was not approved. Roll was called resulting as follows: Ayes: Councilmen Carson, McMillan, Bennett and Kruchten. Absent: Co.ancilman Johnson, excused. Nayes: None. The President declared the motion adopted. Members of the Platoon of the Police Department was present and awards were presented by Assistant Mayor Bennett to Chief of Police Roy E. Rollady, Harry Dowell, Daniel Joseph, Wayne Mathews, Clarence Davis, Donald Wisdom, John Taylor, Robert Ault, L. J. Seib, were for excellence in various phases in Police work. Jr,, and Daniel Eychner. These awards to hold a meeting at the Lincoln Junior High The Police Department are going hool on February 17, 1966, at which they will discuss and demonstrate crowd control and the City Council was invited to be present. The City Manager reported that he had been in contact with the State Board of Health and he had been advised that our request for Federal funds for the outfall sewer project would be allowed but confirmation had not been received as yet from Washington. The following communication was presented and lead at length: HILL AND COYTE January 7, 1966 City of Fort Collins Municipal Building Fort Collins, Colorado Re: Application of the Southland Corporation for 3.2 beer license at 7-Eleven Store No. 56--1001 Lemay Avenue, Fort Collins, Colorado ntlemen: This letter is written in behalf of North Eventide situate at 1000 Lemay Avenue n Fort Collins, immediately across the street from the store operated by the above appli- ant, and in behalf of other residents in the area. On January 6, 1966, the City of Fort Collins through its Council, Mayor andClerk made a report as the local licensing authority reporting that this license if granted would comply with the reasonable requirements of the neighborhood and complies with the provis- ions of Chapter 75-1-53. At the hearing at which the City of Fort Collins took this action on the afternoon of January 6, 1966, North Eventide and others represented by our office appeared before the City Council and requested permission to give evidence in opposition to this application , but this evidence was refused. The license application was still before the Council; representatives of the appli cant were present in the Council Chambers; and my clients were advised by both the Mayor and Deputy Clerk that such evidence would be received; and that the hearing had been cottlnued to this day. The refusal to hear this evidence so that it could be considered by the Court if aci is brought, we consider as arbitrary and capricious and inequitable. Until an application for license has been acted upon, the Council not only has the right but the obligation to hear all evidence pertinent and we believe the City's only course under the situation exist- ing was to have continued the matter to another day if the applicant claimed it was prejud- iced. The applicant did not claim prejudice but claimed only that the hearing was over and the protestants were not entitled to submit evidence. Furthermore, under the application as submitted, it is the position of our clients' that the Southland Corporation is not qualified to hold such a license, in that the granting of such license violates the provisions of Chapter 2, Section 19, of the governing City Ordinance, and Chapter 71-8 (1) and (4) of the Colorado Statutes. The application of the Southland Corporation shows that the persons listed in Paragraphs 5 and 6 of the State of Colorado liquor license application addendum have an interest financially and otherwise in other 3.2 licens-s in the State of Colorado. Under the City Ordinance this precludes the issuance of the license here granted. Furthermore, the license application as submitted is for a joint A and B Class 3.2 license which reads as follows: THE SOUTHLAND CORPORATION, "I d/b/s 7-Eleven Stores Herby make application for annual City (A) and rB) Class License to sell (but not) serve on premises hereinafter described, non -intoxicating malt Liquor in accordance with Ordinance No. 3, 1933, as amended, of the City of Fort Collins." Accordingly, this application as granted would be a joint license which under the ordinance permits consumption on the premises, yet the property where this outlet is located is zoned against establishments serving beer. Under the case of SIEROTA v. SCOTT, 143 Colorado 246, our Supreme Court has held t;iat a municipality cannot restrict a license, saying: "Forbidding one or the other type of sale is precisely what this ordinance does and is intended to do. That is also precisely what it cannot do under the guise of regulation." This means, we believe, that is a 3-2 beer license is granted, the City cannot restrict the applicant to the sale of package goods but must permit its consu�aption on the premises if the applicant desires. Yet such a license to consume on these premises was not considered by the Council, nor by the protestants. If the City of Fort Collins cannot restrict the applicant, then the applicant is not restricted to sales of 3.2 beer in package. Furthermore, Regulation No.2 (C.) of Byron A. Anderson, Secretary of State, amended to July 1, 1965, requires that the applicann if a foreigh corporation shall submit ;vidence of its qualification t-) do business within this State. I am advised that no such evidence was submitted with the application. ion 529 January 13, 1966 Furthermore, under the evidence whtich was submitted at the date when the 6ounci fiat considered this matter, there was sufficient evidence submitted to show that there was', no need for this license and that the inhabitants of the neighborhood did not desire the license, and that the requirements of the neighborhood for 3.2 beer were already satisfied by other existing licenses; so that the approval of the license application was arbitrary a capricious. In behalf of our clients, we respectfully request that the Council immediately rescind its approval and request Byron A. Anderson as Ex-Officio State Licensing Authority to deny the application. Very respectfully submitted, /s/ Alden T. Hill After discussion, it was the opinion of the City Attorney that Mr. Hill should go the courts for the revision as requested in his communication. The City Manager reported that he had an offer from Poudre R-1 District for the sale of 441/2400 shares of New Mercer Irrigation Go. Stock and 1/8 share of Larimer County Canal No. 2 stock. Motion was made by Councilman Carson, seconded by Councilman McMillan, that this be referred to the Water Board for their recommendation. Roll was called result- ing as follows: Ayes: Councilmen Carson, McMillan, Bennett and Kruchten. Absent: Councilman Johnson, excused. Nayes: None. The President declared the motion adopted. A recess was called at this time to allow the Assistant City Attorney to arrive for the hearing on the Chef's Cafe viola_l-ion of the beer ordinance. At 3.20 o'clock P.M., the meeting was called to order and the hearing set for to -day on the Chef's Cafe beer license violation, was set in motion. Assistant City Attorney Arthur March, Jr., called Alden H911 to the stand and questioned him. He presented statments of Kathryn Beshara and Joyce Albin as exhibits to be placed in the records of the hearing. Exhibit A was the state meet made to Assistant Chief Howe by Kathryn Beshara and Exhibit B was the statement of Joycl Albin made to Officers Jack Gregory and Dan Eyenner. These statements were as follows: Kathryn Beshara: I am 15 ,years of age. N,y birthdate is April 16, 1950-I can understand the English lan- guage without any difficulty. I was with Joyce Albin and we want to the Chef Cafe, and in the cafe we met the two boys by the names of Bruce and Rick. One of them wants to borrow a 10V to use the phon and ask us to go down to the basement. The boys ordered the beers. They bro ght me two t beers. I was never asked for any identificone hour ation nd onehal£.t1de werehgoingloverttoatheldance an We were in the cafe approximately the boys staved to fight so I left. Joyce Albin: 2. I can understand the lish I am 13 ,years of age. My birth date is April 19, 1952. En g language without any difficulty. Nov. 20. Kathy Beshara and I went to CheWhen we Bruce and two boys asked us to go wn there. When we sat down ruce ordered Kathy and I downstairs we didn't know what was dolike a beer. Kath drank hers and i told wantedhem that to seewas hertoo boyofriiend sowestartedlto1walk down it anyway. So they drank it. Kathy identification. there. At no time was I asked for any Attorney Samuel L. Anderson, representing Mr. Briggs, the owner of Chef's Cafe, questioned the Chief of Police regarding various phases of the alleged violation. Officer Jack Gregory was called to the stand and questioned regarding the matter, also by Attorney Anderson. Kathryn Beshara was called to the stand and questioned considerably by both Attorneys in reference to the alleged sale of beer to her. After which Joyce Albin was called to the stand and questioned regarding said violation, after which the girls were excused. Mr. Wesley Briggs, owner, was called to the stand and questioned considerably by Attorney's Anderson and March. Following Mr. Briggs, Katherine Williams, an employee of was calledto /the stand and questioned by Attorney Anderson of what she knew regarding the cafe the alleged violation. After /the Chief of Police was gwhotareebobh minors, regard - the any charges that had been filed against the girls, After considerable testimony, Mr. March gave his summation and the Council then called on Attorney Anderson for his. After consideration of the Attorneyls summaries, the Council went into executive session for a few moments. Councilman Carson then stated 530 that it was the opinions of the Council members that the violation had occured in the serving of minors and that, as this was the first violation reported by the Police Depart- ment since the issuance of the beer license to the Cafe, that the penalty for this violation would not be as heavy as otherwise. Motion was made by Councilman Carson, seconded by Councilman Kruchten, that this license be suspended forthwith until 8:00 o'clock A.M., January 20, 1966. Roll was called resulting as follows: Ayes: Councilmen Carson, McMullan Bennett and Kruchten. Absent: Councilman Johnson, excused. Nayes: None. The President declared the motion adopted. Motion was made by Councilman Bennett, seconded by Councilman Carson, that the Council adjourn. Roll was celled resulting as follows: Ayes: Councilmen Carson, McMillan, Bennett and Kruchten. Absent: Councilman Johnson, excused. Nayes: None. The President declared the motion adopted and the Council adjourned. Assistant Mayor ATTEST: