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Home My WebLink AboutMINUTES-05/01/1969-Regular327 May 1, 1969 MINUTES OF A REGULAR MEETING OF. THE COUNCIL OF THE CITY OF FORT COLLINS, Held Thursday, May 1, 1969, at 1:30 o'clock P.M. Present: Councilmen Carson, Troxell, Lopez. Kissock and Kruchten. City Manager Coffey, City Attorney March and Director of Public Works Liquin. Motion was made by Councilman Kissock, seconded by Councilman Kruchten, that the reading of the minutes of the last regular meeting held April'24, 1969, be dispensed with. Roll was called resulting as follows: Ayes: Council- men Carson, Troxell, Lopez, Kissock and Kruchten. Nayes: None. The Mayor!.-i-i' declared the motion adopted. The ordinance relating to sale of Malt, vinous, and/or Spirituous liquors within the City limits, which was tabled at the last meeting, was again presented. Motion was made by Councilman Lopez, seconded by Councilman Kruchten, that this ordinance be removed from the table. Roll was called resulting as follows: Ayes: CouncYlmen Carson, Troxell, Lopez, Kissock and Kruchten. Nayes: None. The Mayor'--; declared the motion adopted The following ordinance was presented and read at length on first reading: ORDINANCE NO. 25, 1969 RELATING TO THE SALE OF MALT, VINOUS, AND/OR SPIRITUOUS LIQUORS WITHIN THE CITY LIMITS OF THE CITY OF FORT-COLLINS, COLORADO, ESTABLISHING A LIQUOR LICENSING AUTHORITY TO HEAR APPLICATIONS FOR LICEUSES AUTHORIZING THE SALE OF LIQUOR, GRANTING SUCH AUTHORITY FULL POWER TO DETERMINE -ALL QUESTIONS RAISED BY SUCH APPLICATIONS AND TO PRESCRIBE RULES AND REGULATIONS FOR PROCEDURES NECESSARY FOR THE HEARING OF SUCH APPLICATIONS, ESTABLISHING CERTAIN OCCUPATION TAXES FOR ESTABLISHMENTS MANUFACTURING OR SELLING LIQUOR IN THE CITY, PRESCRIBING DETAINS IN RELATION TJ THE FOREGOING AND REPEALING SECTIONS 2-1 to 2-4 INCLUSIVE OF THE CODE OF ORDINANCES; OF THE CITY OF FORT COLLINS, COLORADO, 1958, AS AMENDED Motion was made by Councilman Troxell, seconded by Councilman Lopez, that Ordinance No. 25, �969, be considered favorably on first reading and to be presented for final passage on the 5th day of June, A. D. 1969. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez, Kissock, and Kruchten. Nayes: None. IThe Hayor declared the motion adopted. The City Attorney advised the Council that should there be any changes presented for consideration and passed upon at the public hearing relative to Ordinance No. 25, corrections could be made before final passage. The following ordinancewas presented and read at length on first reading: \01 ORDINANCE NO. 26, 1969 BEING AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF FORT COLLINS BY CHANGING THE ZONING CLASSIFICATION FOR CERTAIN PROPERTY Motion was made by Councilman Kissock, seconded by Councilman Troxell, that Ordinance No. 26, 1969, be considered favorably on first reading and to be presented for final passage on the 22d day of May, A. D. 1969. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez. ' 8 May 1. 1969 Kissock and Kruchten. Nayes: None. The .Mayor declared the motion adopted. The following ordinance was presented and read at length on first reading: I'�`l ORDINANCE NO. 27, 1969 BEING AN ORDINANCE AMENDING SECTION 21-43.67 OF THE CODE OF ORDINANCES OF THE CITY OF FORT COLLINS, COLORADO, 1958, AS AMENDED, RELATING TO FURNISHING WATER RIGHTS UPON REQUESTING ORIGINAL WATER SERVICE FROM THE CITY OF FORiCOLLINS Motion was made by Councilman Troxell, seconded by Councilman Lopez, that Ordinance No. 27, 1969, be considered favorably on first reading and order- ed published this first day of May, A. D. 1969, and to be presented for final passage on the 22nd day of May, A. D. 1969. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez, Kissock and Kruchten. Nayes: None. The Mayor declared the motion adopted. The Ci,cy Manager gave a report on the progress in preparation of cir- culating petitions for the formation of a sub -district in order to obtain more water for Fort Collins and the other five cities considered in the six city water study. 5% of the land owners within the corporate limits of Fort Collins with land value in the excess of $1,000.00 and 5% non-irigated land owners outside the City. He stated that there were approximately 10,000 owners in the district and the petitions required approximately 500 signatures,also contained in the final formation of the district and as required by law, a levy of � mill may be applied before the district is formed and 1 mill after formation. Motion was made by Councilman Lopez, seconded by Councilman Kissock, that this matter be refeired to the City Manger for further handling. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez, Kissock and Kruchten. Nayes: None. The Mayor declared the motion adopted. The following letter was presented read at length: 1215 4emington St FortCollins, Colorado Fort Collins Clty Council Municipal Building 300 LaPorte Avenue Fort Collins, Colorado � L}o Gentlemen: In view that I am scheduled to be away from Fort Collins for an extended period of time, starting early in June, I have to resign from the Landmark Rreservation Commission. I suggest that a replacement be appointed as soon as possible to serve for the rest of my term that is, until September 1969. I Sincerely yours, /sl H. 0. Rennat Motion was made by Councilman Kissock, seconded by Councilman Kruchten, 329 May 1, 1969 to accept the resignation of H. 0. Rennat and the City Clerk instructed to send a letter of appreciation for his services. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Eopez, Kissock, and Kruchten. Nayes: None. The Mayor declared the motion adopted. The following letter was presented:a Harden, Olson & Napheys Attorneys at Law May 1, 1969 Honorable City Council City of Fort Collins City Hall Fort Collins, Colorado Gentlemen: On April 14, 1969, on behalf of our clients, Floyd Baker and Regina K. Baker, we filed an application for a liquor license with you as the local licensing authority for the City of Fort Collins. This application was accompanied by the statutory license fee, the maximum application fee set by statute and other supporting documents as required by the Liquor Code of 1935• At the;time we filed this liquor application, we requested you to set the application for hearing upon receipt of the application as required by the provisions of 75-2-41 of the 1963 Colorado Revised Statutes. Sincemore than two, weeks have passed from the date of filing the application and we have not been advised that you have set the application for hearing, we Must again insist on behalf of our clients that this matter be set for hearing. If it is not promptly set for hearing, we will assume that you do not intend to set it for; hearing upon receipt of the application as required by statute and will seek a writ in the nature of a writ of mandamus to compel compliance with the statute. •From reports in the newspaper I understand that you think it necessary to pass an ordinance designating the City of Fort Collins Council as the liquor licensing duthority for the City of Fort Collins, establishing rules and regulatims in connection with liquor applications and the operati.onof liquor establishments and establishing a license application form. In this connection, I respect- fully refer you to the following provisions of the Liquor Code of 1935• 1• 75-2-38 1963 C.R.S. "(2) (c) (local licensing authority' shall be the City Council or Board of Trustees for the licensing of a location within the city of town to sell alcoholic liquors ....." 2. 75-2-6 1963 C.R.S. "(1) The executive director of the Department of Revenue shall be the executive in charge of the enforcement of the terms and provisions of this article, and as the state licensing authority, his duties shall be as follows: ....." "(3) (a) To make such general rules and regulations .... as he may deem necessary for the proper regulation and control of the manufacture, sale and distribution of malt, vinous or spirituous liquors 3• 75-2-7 1963 C.R.S. "(1) Applications for licenses under the pro- visions of this article shall be made to the state licensing authority on forms prepared and furnished by the state licensing authority ...." You should be further advised that pursuant to this statutory authority the state liquor licensing authority has established comprehensive rules and regulations effective June 20, 1967. Very truly yours, /s/Ralph B. Harden Motion was made by Councilman Kissock, seconded by Councilman Troxell, that this letter be received and spread upon the minutes and referred to the City Attorney for further handling. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez, Kissock and Kruchten. Nayes: None. The 330 May 1, 1969 Mayor.'_-- declared the motion adopted. 1 Tts, The City Manager brought up the matter of rent back water agreements dating back several years, in which there was an interest charge applied above i the assessment costs. Since the Water Board's recommendation some time ago was to charge only the assessed value plus a handling charge, motion was made by Councilman Troxell, seconded by Councilman Kruchten, that the City Manager negotiate with these rentals on the recommended Water Board's terms. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez, Kissock and Kruchten. Nayes: None. The -.--Mayor,' declared the motion adopted. The City Manager reported that he was in Denver and met with the State Game and Fish Department and the Federal Government and was advised that due to technicality in the contract from the Government, the City will be unable to proceed with the developem�nt of the golf course until this techni- cality is relieved,,,)- maybe as late as July 1, 1969. Motion was made by Councilman Lopez, seconded by Councilman Kissock, that the Council adjourn. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez, Kissock and Kruchten. Nayes: None. The Mayor!•n' declared the motion adopted and the Council adjourned ATTEST: er