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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 02/29/1984LIQUOR LICENSING AUTHORITY Regular Meeting - February 29, 1984 7:30 P.M. A regular meeting of the Liquor Licensing Authority was held on Wednesday, February 29, 1984, in the Council Chambers of the City of Fort Collins Municipal Building. Roll call was answered by the following members: Acott, Long, Monaghan, Sheahan, Veazie and Wilson. Authority members Absent: Bujack Staff Members Present: Debbie Caster, City Clerk's Office Ken Frazier, City Attorney's Office Frank Russell, Police Department Minutes of the Regular Meeting of February 1, 1984, Approved as Published Authority member Veazie amended page 4 of the minutes regarding his vote on the Moot House. Authority member Monaghan made a motion, seconded by Authority member Acott, to approve the minutes of the regular meeting of February 1, 1984, as amended. Yeas: Acott, Monaghan, Sheahan, Veazie and Wilson. Nays: None. Abstain: Long. Show/Cause Hearing Gene's Tavern, 200 Walnut Assistant City Attorney Ken Frazier stated that the licensee is willing to stipulate to the violation occurring on January 27, 1984 at approximately 11 P.M. It was noted that an employee of Gene's Tavern sold an alcoholic beverage to a visibly intoxicated person. Mr. Gene Kapperman, owner, stated he stipulates to the violation. Authority member Long made a motion, seconded by Authority member Monaghan, to determine that a violation did occur at Gene's Tavern, 200 Walnut. Yeas: Acott, Long, Monaghan, Sheahan, Veazie and Wilson. Nays: None. Assistant City Attorney Ken Frazier stated the Police Department is recom- mending a one -day suspension of the license. Mr. Kapperman stated he had no further comments. -2- February 29, 1984 Authority member Monaghan made a motion, seconded by Authority member Veazie, to levy a one -day suspension of the license within the next 30 business days at the convenience of the owner and that the premises be posted. Yeas: Acott, Long, Monaghan, Sheahan, Veazie and Wilson. Nays: None. Renewal Application for a Retail Liquor Store Pringle Brothers Fine Wine and Spirits, 2170 West Drake Road Authority member Long made a motion, seconded by Authority member Acott, to approve the renewal for Pringle Brothers Fine Wine and Spirits, 2170 West Drake Road. Yeas: Acott, Long, Monaghan, Sheahan, Veazie and Wilson. Nays: None. Renewal Application for Hotel -Restaurant License, Chi Chi's, 3500 South College Avenue Authority member Long made a motion, seconded by Authority member Acott, to approve the renewal for Chi Chi's 3500 South College Avenue. Yeas: Acott, Long, Monaghan, Sheahan, Veazie and Wilson. Nays: None. Special Events License - Liquor U.S. Committee on Irrigation, Drainage and Flood Control May 22, 23, 24, 26, 28, 29, 30 31, June 1 and 2 Ms. Cynthia Skaggs, representative and public relations and development officer for the Committee, stated that the Committee is a non-profit, non -governmental organization comprised of professionals in the water resources management area. She stated the committee is a member of the International Commission on Irrigation and Drainage. Ms. Skaggs explained that every three years a technical conference is held for the purpose of disseminating new technology and products in the water resource area. CSU was chosen to host the conference since it is known for its international status in water management. Ms. Skaggs explained that a license to serve alcohol is being requested due to the international status of the commis- sion. She stated many foreigners consider beer or wine part of a meal. Ms. Skaggs stated alcohol will be served at evening meals between 5 p.m. and 8 p.m. She went on to say that the meals and alcohol wil be served in Elijah's Cafeteria on May 22, 23, 24, 26 and 28. Approximately 150 par- ticipants are expected that week. On May 29, 30, 31, June 1 and 2, meals and liquor will be served in Corbett Cafeteria. Ms. Skaggs stated approximately 1200-1500 participants are expected during that week. It was noted that the Elijah's Cafeteria will be closed during the second week. 0 0 -3- February 29, 1984 Ms. Skaggs stated the cafeterias will be roped off and have controlled access. She stated all participants will be required to wear name tags. She also stated that staff will be hired to card for proper identification and to serve the beer and wine. It was noted that alcohol will be served by the glass. In response to a question by the Authority, it was noted that the student staff that will be hired will be over the age of 21. In addi- tion, Ms. Skaggs stated most participants at the conference will be around the age of 50 years. Authority member Monaghan made a motion, seconded by Authority member Long, to approve the special events license for the U.S. Committee on Irrigation, Drainage and Flood Control on May 22, 23, 24, 26, 28, 29, 30, 31, June 1 and 2 between 5 p.m. and 8 p.m. each day. Yeas: Acott, Long, Monaghan, Sheahan, Veazie and Wilson. Nays: None. Registration of Manager Washington's Bar and Grill 132 West Laporte Avenue Authority member Acott made a motion, seconded by Authority member Long, to table the registration of manager for Washington's to March 28, 1984. Yeas: Acott, Long, Monaghan, Sheahan, Veazie and Wilson. Nays: None. Change of Corporate Structure for Spring Creek Runoff, 1006 Spring Creek Lane #7 Mr. Otis Beach, attorney representing the applicant, stated Mrs. Carlson is transferring the assets of the Carlson's Restaurant to the Ben -Car Corpor- ation in exchange for 28.6% of the stock. Mr. Beach reminded the Authority that the Spring Creek Runoff is expanding into the Carlson's Restaurant, which received approval for such expansion at the February 1 hearing. Mr. Beach stated Mrs. Carlson's interest in the corporation is financial in nature only. It was noted that she will not be involved in the daily activities of the management of the restaurant. Mr. Beach noted that the fingerprints have cleared through the Colorado Bureau of Investigations. Mrs. Carlson stated she had nothing further to add to Mr. Beach's comments. Authority member Long made a motion, seconded by Authority member Monaghan, to approve the change of corporate structure for Spring Creek Runoff, 1006 Spring Creek Lane # 7. Yeas: Acott, Long, Monaghan, Sheahan, Veazie and Wilson. Nays: None. -4- February 29, 1984 New Application for a Tavern License for The Clubhouse at SouthRidge. 5800 South Lemay Avenue Authority member Long made a motion, seconded by Authority member Monaghan, to accept the new application and to set the preliminary hearing for March 28, 1984, and the final hearing for April 25, 1984. Yeas: Acott, Long, Monaghan, Sheahan, Veazie and Wilson. Nays: None. Preliminary Hearing for a Hotel -Restaurant License Cables End, 165 East Boardwalk The boundaries as proposed by the Administration were as follows: North from the subject premises to Swallow Road. West from the subject premises to Shields Street. South from the subject premises to Harmony Road. East from the subject premises to Lemay Avenue. Mr. Keith Johnson, owner, stated the boundaries are acceptable. Authority member Long made a motion, seconded by Authority member Monaghan, to accept the boundaries as proposed for Cables End, 165 East Boardwalk. Yeas: Acott, Long, Monaghan, Sheahan, Veazie and Wilson. Nays: None. The Resolution outlining the results of the preliminary hearing was read by title only. Authority member Monaghan made a motion, seconded by Authority member Veazie, to adopt the preliminary resolution as presented. Yeas: Acott, Long, Monaghan, Sheahan, Veazie and Wilson. Nays: None. Final Hearing for a 3.2% Fermented Malt Beverage License, Class B, for Mini Mart, 1801 North College Avenue Mr. Dave Williams, attorney representing the applicant, stated that Mini Mart is a Wyoming corporation, which owns a chain of convenience stores within Colorado, as well as neighboring states. He explained that the store is currently under contract. Mr. Ron Terrell, stockholder and member of the executive staff, was sworn. Mr. Terrell spoke of the different locations throughout Wyoming, Montana and Colorado. He explained that the business is a convenience store operation, which will also sell gasoline. Mr. Terrell explained that the purchase of the property is contingent upon approval of the beer license. He stated that if the license is granted, the tentative opening date is scheduled for May 1, 1984. -5- February 29, 1984 Applicant's Exhibit 3 was submitted and identified as the floor plan. Mr. Terrell explained that the coolers are located at the rear of the store. He stated the cashier is located directly opposite of the cooler. It was noted that two buildings will be constructed under one roof. Mr. Terrell said that the other building will be leased to another business. Assistant City Attorney Ken Frazier stated the Exhibit is admissible. Mr. Max Scott, owner of Oedipus, Inc., 2902 5th Street, Boulder, Colorado, was sworn and explained the type of service his firm provides. Mr. Scott explained the survey and its results. Applicants Exhibit 1 was submitted and identified as the petition packets. Applicant's Exhibit 2 was sub- mitted and identifed as the survey results. In regards to the needs and desires of the neighborhood, Mr. Scott stated that the survey indicates that 86% of the neighborhood is in favor of the license. Mr. Scott stated that the survey results are very good results for an off -premise beer license. In response to a question, Mr. Scott stated the defined neighborhood consists of more commercial uses than residential. It was noted that the trailer park located on North College was not contacted. Mr. Scott ex- plained that some trailer parks are restricted and do not allow people to go door-to-door for petitioning purposes. Officer Frank Russell confirmed that the trailer park is strictly controlled. Assistant City Attorney Ken Frazier stated that Exhibits 1 and 2 are admissible. Mr. Gary Huett, manager, was sworn and spoke briefly of his employment with Mini Mart in Loveland, Colorado. Mr. Huett explained the company's policy on checking for ID's. He stated he is responsible for training the em- ployees. Mr. Huett stated a picture ID is required as proof of age. He added that he is familiar with the Colorado Beer Laws. Mr. Huett stated that the beer coolers are locked between midnight and 5 a.m., when beer sales are prohibited. It was noted that the Police Department is recommending approval of the license. Authority member Acott made a motion, seconded by Authority member Mon- aghan, to approve the 3.2% fermented malt beverage license, Class B, for Mini Mart, Inc., fta Mini Mart, 1801 North College Avenue. Yeas: Acott, Long, Monaghan, Sheahan, Veazie and Wilson. Nays: None. -6- February 29, 1984 Final Hearing for a Hotel -Restaurant License for University Plaza Catering Co., Inc., dba University Plaza Holiday Inn, 1600 Center Avenue Boardmember Monaghan stated for the record that he is a lending officer at United Bank and has had business dealings with the Colorado State Univer- sity Research Foundation (CSURF). It was noted that CSURF is the owner of the land for the proposed license. The remaining boardmembers felt that Mr. Monaghan's position with the bank did not constitute a conflict of interest. The attorney's representing the applicant, the opposition, and the City did not feel Mr. Monaghan had a conflict of interest. It was agreeable among all parties to allow Mr. Monaghan to participate in the hearing. Assistant City Attorney Ken Frazier noted that Boardmember Long was absent at the February 1, 1984, preliminary hearing. He noted, however, that Mr. Long has listened to the tapes of the entire proceeding which took place on February 1. Again, the attorneys representing the applicant and the opposition did not object to Mr. Long participating in the hearing. Mr. Dave Wood, attorney representing the applicant, called Mr. James Heaberlin to the stand. Mr. James Heaberlin, 1136 Cobblestone Court, Fort Collins, Colorado, was sworn, and stated he is Vice President of Finance for John Q. Hammonds Industries. Mr. Heaberlin spoke briefly of his duties. He went on to say that Mr. Hammonds presently holds 70-80 hotels throughout 26 different states. He added that two Holiday Inn hotels are located in Colorado. Each hotel holds a liquor license. Mr. Heaberlin stated a new Holiday Inn is being proposed at Center and Prospect Streets in Fort Collins. Mr. Heaberlin briefly described the type of hotel being proposed, noting all restaurants, conference rooms and shops located in the hotel. It was noted that the property is owned by the Colorado State University Research Foundation (CSURF). Mr. Heaberlin stated Mr. Hammonds has entered into a long-term lease with CSURF. Applicant's Exhibits 1 and 2 were submitted and identified as marketing brochures of a new hotel in Springfield, Missouri, which Mr. Hammonds constructed. Mr. Heaberlin highlighted the features of the hotel for each brochure. He noted that the proposed hotel in Fort Collins will be very similar to the hotel in Springfield, Missouri. Mr. Heaberlin stated that liquor will be served in the lobby, conference rooms, guest rooms and private meeting rooms. Assistant City Attorney Ken Frazier stated the Exhibits are admissible. • -7- February 29, 1984 Mr. Art March, attorney representing residents of the Sheely Subdivision who are opposing the liquor license, cross-examined Mr. Heaberlin. Mr. Heaberlin clarified for Mr. March that the entire land for the hotel is owned by CSURF. In response to a question by Mr. March, Mr. Heaberlin stated that one can determine where the hotel is to be located by reviewing the site plan. Mr. Wood called Mr. Jim Gefroh to the stand. Mr. Jim Gefroh, 1029 Parkview Drive, Fort Collins, Colorado, was sworn and stated he is a licensed architect in the State of Colorado. Mr. Gefroh explained that Mr. Hammonds retained his services to handle the over-all site plan design of the proposed Holiday Inn. Applicant's Exhibit 5 was submitted and identified as the first floor plan of the proposed hotel. Applicant's Exhibit 6 was submitted and identified as the final site plan approved by the Planning and Zoning Board on February 27, 1984. Assistant City Attorney Ken Frazier stated the Exhibits are admissible. Mr. Gefroh stated Applicant's Exhibit 6 was prepared under his personal supervision. He added that the site plan accurately depicts the location of the proposed hotel. Mr. Gefroh stated the main front entrance of the hotel is located on the north side of the building (facing Prospect Street). He went on to describe the principal areas on the first floor of the hotel. In response to a question by the Authority, Mr. Gefroh described where the outdoor pool will be located. He noted that the pool is screened by a solid fence enclosure. Mr. Gefroh stated the fence will be 6-8 feet in height. It was noted that there will be access to the pool from the hotel. He stated there are two gates that lead to the outside. Mr. March cross-examined Mr. Gefroh. Opponent's Exhibit E was submitted and identified as an enlarged drawing of Applicant's Exhibit 5, the first floor plan of the proposed hotel. Mr. Gefroh identified the exterior walls of the building. It was noted that some interior walls differ between the sketches of Opponent's Exhibit E and Applicant's Exhibit 5. Mr. Gefroh also pointed out the secondary entrances and all other doors. Opponent's Exhibit F was submitted and identified as the large site plan drawing prepared by Mr. Gefroh. Mr. Gefroh pointed out where the gates to the pool are located. Mr. Gefroh outlined the dimensions from the building envelope area to each property line. Assistant City Attorney Ken Frazier stated Exhibits E & F are admissible. More discussion took place regarding the outdoor pool area. Mr. Wood stated that the original drawing was not prepared by Mr. Gefroh. It was noted that the site plan submitted by Mr. Gefroh includes an enclosed indoor pool with an outdoor patio. -8- February 29, 1984 Mr. Wood called Mr. Robert Hutchinson to the stand. Mr. Robert Hutchinson, Boulder, Colorado, was sworn and stated he is Chairman of the Board of Trustees and President of the Colorado State University Research Founda- tion. Mr. Hutchinson stated that the land bounded by Prospect, Shields, Drake and College is owned by CSURF. It was noted that Unitel, Inc. has leased the land they own to CSURF. He added that the lease is for a term of 70 years. Mr. March cross-examined Mr. Hutchinson. Mr. Hutchinson stated the proper- ty to the south and to the west is leased from CSURF to CSU. Mr. Wood asked if the lease from CSURF to Colorado State University des- cribes the purpose for which the land may be used. Mr. Hutchinson stated the lease states the land is to be used for the purpose of an agricultural experimental farm. Mr. Wood called Mr. Pat Goss to the stand. Mr. Patrick Goss, general manager of the proposed hotel, was sworn. Mr. Goss stated he is employed by Mr. Hammonds as the regional Vice President, Director of Operations for the Rocky Mountain region. He stated he is currently managing the hotel in Northglenn and supervisor of the hotel located on I-70 in Denver. Mr. Goss stated that approximately 260 rooms will be built at the Fort Collins hotel. He briefly described his duties. Mr. Goss explained that the general manager is directly responsible for the control of liquor opera- tions. He noted that he will be the acting general manager for the Fort Collins hotel for the first quarter. He stated a new manager will be registered before the Authority at the time of selection. Mr. Goss went on to say that he has previous experience with other licensed liquor estab- lishments. With respect to training employees,,Mr. Goss stated each employee is required to read the State statutes. In addition, he stated experienced personnel will assist in training new employees. Mr. Goss stated he is familiar with the Colorado liquor laws. Mr. Goss stated that he feels he can operate the premises, if licensed, in a lawful and proper manner. Mr. Goss stated bar service will be served in banquet rooms, restaurants and lounges, the atrium area, as well as all miscellaneous meeting rooms. In addition, all guest rooms will receive room service which includes bar service. Mr. Goss stated the pool area is not provided bar service. He noted the pool area is an enclosed pool with no access allowed through the glass doors. He went on to explain that the large areas, such as the atrium and the pool, will be controlled by service personnel. Employees are required to check for ID's to prevent sales to minors. Mr. Goss noted that there have been no violations at any other licensed hotel. He stated he feels this is due to the proper training of employees. In response to a question by the Authority, Mr. Goss stated that the pool area will not be part of the licensed premises. He stated the employees and security personnel will maintain a constant surveillance of the pre- mises to ensure that no liquor violation occurs. • -9- February 29, 1984 In response to a question by Authority member Acott, Mr. Goss stated elevators would be included as the licensed area. He stated no alcohol is allowed in the outdoor walkways. Mr. March cross-examined Mr. Goss. Mr. Goss stated he is not the final authority on what will be included as part of the licensed premises. He withdrew his statement stating that the pool is not part of the licensed premises. Mr. Wood inquired further of Mr. Goss in reference to the pool. In order to prevent food and beverage from being served in the pool area, Mr. Goss explained that a sign is posted stating that no food or alcoholic beverages are allowed in the pool area. He noted that the policy is enforced by the departmental personnel and security force. He added that these people constantly circulate throughout the hotel. He clarified that the pool is part of the building and part of the licensed premises. Mr. Goss stressed, however, that it is not the hotel's intent to serve alcohol at the pool. In order to prevent people entering the pool, Mr. Goss explained that the gates have internal locking devices which would prevent people from enter- ing from the outside. He noted, however, that people can leave the pool area through the gate. Mr. Wood called Mr. Phil Riddell to the stand. Mr. Phil Riddell, 1908 Sheeley Drive, Fort Collins, Colorado, was sworn and stated he is a resi- dent within the defined neighborhood area. Mr. Riddell stated he feels the liquor license for the hotel is needed. He added that no similar outlet exists in the neighborhood. In closing, Mr. Riddell stated he would like to see the liquor license granted. Mr. March cross-examined Mr. Riddell. Mr. Riddell stated other establish- ments in the neighborhood area hold hotel -restaurant licenses but that no other hotel is within the neighborhood area. Mr. Lesley Ware, 1801 Sheeley Drive, Fort Collins, Colorado, was sworn and stated he is a resident within the defined neighborhood area. Mr. Ware stated he feels a license would be appropriate for the proposed hotel. He added that he would like to see the license granted. Mr. Jack Wanstreet, 2019 Weathertop Lane, Fort Collins, Colorado, was sworn and stated he is a resident of the defined neighborhood. Mr. Wanstreet stated he feels it is necessary for a facility such as a hotel to hold a liquor license. He pointed out that many of the hotel guests who drink alcoholic beverages will stay at the hotel, rather than driving. Mr. Wanstreet stated he would like to see the license granted. Mr. Max Scott, owner of Oedipus, 2902 5th Street, Boulder, Colorado, was sworn and explained that he is the president of Oedipus, a survey firm which is often contacted to do liquor license surveys to determine needs and desires of a given neighborhood. Mr. Scott briefly described how the -10- company conducts the survey. Mr. Scott conducted similar to the survey conducted cation of the University Hilton Hotel at each person contacted had the opportunity the license based on needs and desires or license stating their own objection. February 29, 1984 explained that this survey was in 1979 for the original appli- Center and Prospect. He stated to sign a petition in favor of to sign a petition against the Applicant's Exhibit 7 was submitted and identified as 7 packets of peti- tions in support of the liquor license. Applicant's Exhibit 8 was sub- mitted and identifed as the summary report of the survey results. Assistant City Attorney Ken Frazier stated the Exhibits are admissible. Mr. Scott went on to say that based on needs and desires the survey indi- cates that 89% of the neighborhood is in favor of the license. He added that the results were very close to the survey conducted in 1979. Mr. Scott concluded that the survey shows a very good response from the neigh- borhood and that the neighborhood supports a hotel -restaurant liquor license for the proposed hotel facility. Mr. March cross-examined Mr. Scott. Mr. Scott stated married student housing was included in the survey. Mr. Wood stated his case has been presented for the applicant. Mr. Art March called Ms. Cheryl Thompson to the stand. Ms. Cheryl Thomp- son, 1917 Sheeley Drive, Fort Collins, Colorado, was sworn and stated she is a resident of the defined neighborhood. Ms. Thompson stated she does not feel the liquor license is desirable. She stated she circulated petitions in opposition to the license. Opponent's Exhibit G was submitted and identified as petitions circulated by Ms. Thompson. opponent's Exhibit H was submitted and identified as petitions circulated by Mr. Frank John- son. Assistant City Attorney Ken Frazier stated the Exhibits are admissible. Mr. Wood cross-examined Ms. Thompson. Ms. Thompson stated she opposes the liquor license on the basis that it will bring more people into the neigh- borhood. She stated she feels more people will go to the hotel if it holds a liquor license. It was noted that no record was kept of any person desiring to sign in favor of the license. In response to a question by Boardmember Monaghan, Ms. Thompson stated she is opposed to any liquor license at the proposed hotel. Mr. Gary Boyack, land surveyor with Shilo, Inc., was sworn. Opponent's Exhibit A was submitted and identified as a site plan prepared by Gefroh Associates. Opponent's Exhibit B was submitted and identified as a larger diagram of the proposed hotel site and surrounding CSU property. -11- • February 29, 1984 Mr. Wood objected to the artificial lines located on the Exhibits, which were prepared by Mr. Boyack. Mr. Wood stated the lines do not illustrate a regular measurement of direct pedestrian access, as required by State statute. Mr. March stated he feels testimony should be given explaining the Exhibits prior to any objection. He stated he intends to develop testimony per- taining to the distance between the proposed hotel and the CSU campus. Mr. Wood objected on the basis that testimony with regard to the 500 foot distance was developed at the February 1 meeting of the Liquor Licensing Authority. Mr. Wood stated the Authority considered the evidence presented and determined that the hotel is not located within 500 feet of the prin- cipal campus of CSU. Mr. March argued that additional evidence can be introduced at the final hearing. Assistant City Attorney Ken Frazier concurred. Boardmember Monaghan stated he would like to hear a brief synopsis of Mr. March's presentation pertaining to the 500 foot distance requirement. Mr. March explained the various measurements between the proposed hotel and CSU, as shown on Exhibits A and B. Boardmember Monaghan stated he feels the distance was resolved at the February 1 hearing. He explained that at that hearing the land surrounding the hotel site was determined not to be land used for school purposes. Boardmembers Veazie and Sheahan concurred. Mr. Wood stated the State statutes specifically state how the 500 feet is to be measured. Mr. Wood pointed out that the manner in which Mr. Boyack has measured the 500 feet on Opponent's Exhibits A and B indicates that a person would have to jaywalk across Prospect Street which is not allowed according to the Colorado Liquor Statutes. Once again, Authority member Monaghan stated that the principal campus of CSU was determined not to be within 500 feet of the proposed hotel at the February 1 hearing. Because of the late hour, Mr. Wood stated that he would not argue the admissibility of the Exhibits at this time. Authority member Wilson requested that Mr. March proceed with his testimony. Mr. Gary Boyack stated Opponent's Exhibit A is the site plan of the pro- posed hotel with an overlay of his drawing showing reasonable paths be- tween the property ,of CSU and the proposed hotel. He stated Opponent's Exhibit B is the same site plan on a larger map with an overlay of his drawing showing various measurements. Mr. Boyack descibed how each distance was measured. -12- February 29, 1984 Mr. Wood stated he objects to the admissibility of the Exhibits. Mr. Wood proceeded to cross-examine Mr. Boyack. Mr. Boyack stated that a person would indeed have to jaywalk across Prospect Street if they were to follow two of the lines he has drawn as part of the diagram. To clarify a point of discussion, Mr. March pointed out that the west door is to be used as an access entry. Authority member Monaghan reminded the Authority that the issue resolved at the February 1 hearing by majority vote was that the principal campus of CSU is not within 500 feet of the hotel. Authority member Wilson con- curred. Authority member Monaghan stated he feels the Authority needs to address the proper issue. Authority member Monaghan made a motion, seconded by Authority member Long, not to accept any additional evidence on the issue of the 500 foot distance requirement. Yeas: Long, Monaghan and Sheahan. Nays: Acott, Veazie and Wilson. The motion failed. Opponent's Exhibits A and B were admitted into evi- dence. Mr. March proceeded with his presentation. Opponent's Exhibit C was submitted and identified as a certified copy of the State Model Traffic Code pertaining to jaywalking. Opponent's Exhibit D was submitted and identified as a certified copy of a City ordinance which deletes the State's ruling on jaywalking. Mr. Wood objected to the Exhibits on the basis that they are irrelevant. He stated the Authority makes the final decision as to how direct pedes- trian access is measured. Assistant City Attorney Ken Frazier concurred. Authority member Veazie made a motion, seconded by Authority member Long, to accept Opponent's Exhibits C and D into evidence. Yeas: Acott, Long, Veazie and Wilson. Nays: Monaghan and Sheahan. Mr. March called Dr. Robert Phemister to the stand. Dr. Robert Phemister, Interim President, CSU, and Dean of the College of Veterinary Medicine, was sworn. Dr. Phemister stated the CSU Master Plan consists of three main campuses, i.e., main campus - central, main campus - south, and main campus - west. Opponent's Exhibit I was submitted and identified as the Master Plan, previously marked as Opponent's Exhibit A at the February 1 hearing. Dr. Phemister stated additional campuses (Pingree Park campus, agricultural campus) are remote from the main campus. Dr. Phemister stated the Master Plan subdivides the main campus of CSU into three areas due to its size. 0 -13- February 29, 1984 Dr. Phemister noted that the update version of the Master Plan was adopted in 1981. He explained that the Master Plan is recommended for approval by the President of the University and that the State Board of Agriculture has to officially adopt the Plan. Dr. Phemister explained the duties of the President of the University. It was noted that Dr. Phemister submitted a letter, marked as Exhibit B of Mr. Wood's brief at the February 1 hearing. In that letter, Dr. Phemister defined the principal campus of CSU. It was noted that the State Board of Agriculture has never officially defined principal campus. Dr. Phemister noted that there are buildings other than academic buildings located within the main campus - central area. It was also noted that the main campus - central area extends beyond the circle indicated on the Master Plan, marked as Opponent's Exhibit A. Dr. Phemister said that dormitories and athletic facilities are within the main campus - central area. It was noted that the parking lot located on the north side of Prospect, at the intersection of Prospect and Center, is located within the main campus - central area. Dr. Phemister stated he would define the principal campus to be within the main campus - central area, the area which includes academic and adminis- tration buidings. He stated the south boundary of principal campus is Prospect Street. Dr. Phemister testified that he would not consider the Vet Hospital (Drake Road) part of principal campus even though it is an academic building. He also stated that Braiden Hall would be considered part of the principal campus because of its proximity to all the academic buildings. Dr. Phemister stated the lease for the proposed property is valid until the year 2005. Dr. Phemister stated the University is supportive of hotel convention centers locating in Fort Collins but has not favored one loca- tion from another. Dr. Phemister stated he feels the main campus implies a geographical area, whereas principal campus implies a functional defini- tion. Mr. Wood cross-examined Dr. Phemister. Dr. Phemister stated there are some functional differences in distinguishing between the three main campuses. He stated he defines the boundaries of the principal campus as the academic core with Lake Street being the southern most boundary. He went on to say that the boundaries of the principal campus are as follows: Laurel Street to the North; the railroad tracks to the East; Lake Street to the South and Morgan Library or Meridian Avenue to the West. Mr. March inquired about the Dairy Farm located in the South Campus. Dr. Phemister stated this program would constitute an academic program. He stated other related academic functions take place on the south campus. Dr. Phemister noted, however, that there are no regular classroom activi- ties held but there are occasional field trips. -14- February 29, 1984 Mr. March called Dr. A. R. Chamberlain to the stand. Dr. Ray Chamberlain was sworn, and stated he is president of E. E. Mitchell and Company. Dr. Chamberlain stated he is past -president of CSU. It was noted that Mitchell and Company is proposing to develop a hotel project in Fort Collins. Therefore, Dr. Chamberlain stated this issue is in competition with Mit- chell and Company's project. Dr. Chamberlain stated he was directly involved with drafting the Master Plan for CSU. He stated the idea of principal campus would include ath- letic facilities, residential facilities, the Student Center, the Library and classrooms. Dr. Chamberlain stated the south campus does include classroom activities. He stated he would define the principal campus to include all land bordered by Drake, College, Laurel and Shields. Dr. Chamberlain testified that the proposed site for Holiday Inn is bordered on three sides by the main campus of CSU. Mr. Wood cross-examined Dr. Chamberlain. Dr. Chamberlain stated he would define main campus the same as principal campus. He stated he would include the West Campus (the bull farm) as part of the main campus. Mr. Wood pointed out that liquor licenses were granted within 500 feet of the bull farm during Dr. Chamberlain's presidency. In response to a question, Dr. Chamberlain stated there were no objections raised at the time those licenses were being considered. He also noted no objections were raised when an establishment was licensed across from Drake Road, included in south main campus. Dr. Chamberlain stated he did not approve of the granting of the liquor license for a hotel at the same proposed site back in 1979. It was noted that he did not take any steps to oppose the license. Dr. Chamberlain also stated that the lease between CSURF and CSU limits the use of the CSU property to an agricultural experimental farm. Mr. Bob Burnham, Director of Facilities Planning at CSU, was sworn. Mr. Burnham stated there is a beekeeping course at CSU. It was noted that the beehives are located south of the proposed hotel site. Mr. Burnham stated the course is not a regularly scheduled class but a group study. He stated field trips to the beehives are occasionally conducted. Mr. Dave Wood, attorney representing the applicant, gave his closing statement. Mr. Wood stated the issue before the Authority is whether a liquor license can be granted based on reasonable requirements of the neighborhood and the desires of its inhabitants. He pointed out that in 1979 the Liquor Licensing Authority granted a hotel -restaurant license for a hotel being proposed at the same site. He also pointed out that there is no other like facility in the neighborhood. Mr. Wood reminded the Authority that Mr. Max Scott introduced evidence showing that 90% of the 0 -15- February 29, 1984 neighborhood desire that the hotel -restaurant liquor license be granted. In reference to the 500 foot limitation, Mr. Wood stated that the Authority decided at the February 1 hearing that the proposed hotel is not located within 500 feet of the principal campus of CSU. He added that the Board also determined at the February 1 hearing that the principal campus ends at Lake Street. Mr. Wood referenced the Colorado Case Law, Laudner v. Fried- nash, which states that academic programs do not apply to t e issue o t e 3-0—foot limitation unless they are part of the principal campus. Mr. Art March, attorney representing opponents of the liquor license, gave his closing statement. Mr. March stated the Authority needs to decide whether the license can be issued in compliance with Colorado law. Mr. March stated the Authority should consider the definition of principal campus as defined by the State Board of Agriculture. He stated he feels that there is land used for "school purposes" both on main campus - central and main campus - south. Mr. March referenced the California case, Vonolli v. Munroe. He argued that the rulings from another state should not e given as much weight as the Colorado statutes. He stated in the Colorado case, Lahoma v. City of Denver, the court found that an athletic field is part o the print pa campus, even if it is not attached to any building. Mr. March then addressed direct pedestrian access. Mr. Wood referred to the Vonolli v. Munroe case once again. He stated the court determined that logical property boundaries have to be set. Mr. Wood stated he feels the logical boundaries would be College Avenue, Lake Street, Shields Street and Laurel Street. Authority member Monaghan stated, for the record, that the testimony given most weight at final hearings are the reasonable needs of the neighborhood and the moral character of the applicant. He stated he feels the principal campus of CSU is Laruel Street, Shields Street, Lake Street and College Avenue. On that basis, Mr. Monaghan stated he has determined that the hotel premises are not within 500 feet of the principal campus of CSU. Authority member Monaghan made a motion, seconded by Authority member Veazie, to approve the hotel -restaurant license for University Plaza Holiday Inn, 1600 Center Avenue. Authority member Veazie stated he feels the needs of the neighborhood are not currently being met. Authority member Sheahan stated he feels that the principal campus of CSU has been determined not to be within 500 feet of the hotel site. Authority member Acott stated she feels the principal campus is within 500 feet of the hotel. -16- February 29, 1984 Authority member Long stated he defines the principal campus of CSU to be bordered by Lake Street, Shields Street, Laurel Street and College Avenue. He added that he feels the Board's finding is within the law of Colorado. Authority member Veazie stated for the record that he would also define the principal campus of CSU to be bordered by Lake Street, Shields Street, Laurel Street and College Avenue. Authority member Wilson stated that she feels the needs and desires of the neighborhood are not currently being met. However, she stated she feels the principal campus is within 500 feet of the hotel site. The motion was put to vote as follows: Yeas: Long, Monaghan, Sheahan and Veazie. Nays: Acott and Wilson. Final Resolution on a Hotel -Restaurant License for University Plaza Catering Co., Inc., dba University Plaza Holiday Inn, 1600 Center Avenue The Resolution was read by title only. Authority member Long made a motion, seconded by Authority member Monaghan, to adopt the Resolution as presented. Yeas: Long, Monaghan, Sheahan and Veazie. Nays: Acott and Wilson. Registration of Manager University Plaza Catering Co., Inc., dba University Plaza Holiday Inn, 1600 Center Avenue Mr. Patrick Goss, general manager, was introduced as still being under oath. It was noted that Officer Russell had provided a detailed report of Mr. Goss's background. Authority member Monaghan made a motion, seconded by Authority member Veazie, to approve the registration of manager for University Plaza Holiday Inn, 1600 Center Avenue. Yeas: Acott, Long, Monaghan, Sheahan, Veazie and Wilson. Nays: None. -17- February 29, 1984 Final Resolution for a 3.2% Fermented Malt Beverage License, Class B, for Jack-n-Deb's Little Mart, 800 North College Avenue The Resolution was read by title only. Authority member Acott made a motion, seconded by Authority member Veazie, to adopt the Resolution as presented. Yeas: Acott, Long, Monaghan, Sheahan, Veazie, and Wilson. Nays: None. Other Business Sports Page, 181 North College Avenue Assistant City Attorney Ken Frazier stated that at the February 1, 1984 meeting, the Liquor Licensing Authority directed the current owner, Melissa Corr, to file all required documents for the transfer of ownership with the City Clerk's Office by February 15, 1984. If the required documents were not filed by the 15th, Officer Frank Russell received instructions to temporarily suspend the liquor license of the Sports Page. Ken explained that Melissa Corr approached him prior to the 15th of February and ex- plained that she was unable to locate the purchasers who were out of state. Assistant City Attorney Ken Frazier stated he determined that the pur- chasers are negligent in not submitting the outstanding documents, not Melissa Corr. Therefore, Ken stated he did not suspend the license on the 15th. It was noted that the Corr's are moving to New Mexico. Officer Frank Russell informed the Authority that he had not been contacted by Mr. Turk, the purchaser, for an interview. Therefore, he stated the background investigation is not complete. Mr. Rodney Turk, purchaser, stated he entered into a purchase agreement with Melissa Corr in October, 1983. In response to a question by the Board, Mr. Turk stated he is fairly familiar with the Colorado liquor laws. Ms. Corr stated she has tried to help Mr. Turk with processing the paper- work since she was more familiar with the process. Authority member Wilson stated the paperwork is required to be filed. She added that the intent to transfer the license is to be reported to the City within 10 days. She stated that she feels Mr. Turk has shown a definite lack of concern regarding the whole transfer. Authority member Monaghan stated he is very distressed in the manner in which the owner and purchaser have not complied with the State laws. -18- February 29, 1984 Mr. Turk stated the landlord is causing delay in submitting the lease. Mr. Turk apologized for the delay. Authority member Monaghan agreed that Melissa Corr has made a reasonable effort to submit the paperwork. He added that he feels it was also appro- priate not to suspend the license. Mr. Monaghan went on to say that he currently does not look favorably upon approving the transfer of the license to Mr. Turk based on Mr. Turk's poor attitude. He stated that his feeling could be swayed at the time the transfer is heard before the Authority. Authority member Sheahan stated the Authority will not approve a license for someone they feel will not be responsible for the license. Authority member Wilson requested that Mr. Turk file all necessary paper- work without any further effort on the part of City staff. Assistant City Attorney Ken Frazier stated the management agreement on file expires as of today, March 1, 1984. It was noted that another agreement should be filed as soon as possible. Ms. Corr stated she will see that a new management agreement is submitted on the afternoon of March 1, 1984. She added that until the agreement is submitted, the bar shall be closed. Assistant City Attorney Ken Frazier concurred. After some discussion, it was decided that no time restriction will be placed on Mr. Turk to file all necessary paperwork. Authority member Monaghan made a motion, seconded by Authority member Acott, to take no action at this time. Yeas: Acott, Long, Monaghan, Sheahan, Veazie, and Wilson. Nays: None. Police Report Officer Frank Russell stated a police compliance check was conducted on February 6, 1984. Seven establishments were checked and the following three received violations for selling to minors: (1) China Palace, 117 South College Avenue; (2) Delfannies, 215 East Foothills Parkway; and (3) Round the Corner, 101 West Swallow. Officer Russell stated he is requesting show/cause hearings on each estab- lishment. -19- February 29, 1984 Authority member Long made a motion, seconded by Authority member Veazie, to determine that there is probable cause and scheduled show/cause hearings for China Palace, Delfannies, and Round the Corner to be held on March 28, 1984. Yeas: Acott, Long, Monaghan, Sheahan, Veazie, and Wilson. Nays: None. Officer Russell stated Sgt. With has submitted a letter to the Authority recognizing the Fort Ram for some of their accomplishments. Authority member Monaghan requested that a copy of the letter be made a part of Fort Ram's permanent file. Authority member Wilson requested that the City send the letter to the Fort Ram stating the Authority has received Sgt. With's letter. Assistant City Attorney Ken Frazier stated that Paul Eckman will be taking his position on the Board starting next month. He stated this is due to a change the Attorney's office is making internally. Adjournment Authority member Acott made a motion, seconded by Authority member Long, to adjourn. The Chairperson put the motion which was unanimously adopted. The meeting was adjourned at approximately 1:45 a.m. C airperson Secretary