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HomeMy WebLinkAboutMINUTES-05/23/1968-RegularIm May 23, 1968 MINUTES OF A REGULAR MEETING OF THE -COUNCIL OF THE CITY OF FORT COLLINS, Held Thursday, May 23, 1968, at 1:30 o'clock P.M. Present: Councilmen Carson, Troxell, Kissock , Kruchten and Bennett. 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 May 16, 1968, be dispensed with. Roll was called resulting as follows: Ayes: :Councilmen Carson, Troxell, Kissock, Kruchten and Bennett. Nayes: None. The President declared the motion adopted. Harold M. Kiley and Olen Woodyard were presented plaques for longevity of service in the employ -of the City of Fort Collins. Mr. Kiley and Mr. Woodyard are employees of the City of Fort Collins Light and Power Department, and have retired. These plaques were presented by Mayor Karl Carson. Mayor Carson also presented a plaque to former Mayor Thomas Bennett who resigned from the office of Mayor in April, 1968."J The following ordinance was presented on second reading: ORDINANCE NO. 19, 1968 ✓ BEING AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF FORT COLLINS BY CHANGING THE ZONING (7ASSIFTCATION FOR CERTAIN PROPERTY Motion was made by Councilman Kruchten, seconded by Councilman Bennett, that Ordinance No. 19, 1968, be adopted and 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. The following ordinance was presented 'on seconded reading: ORDINANCE NO. 20, 1968 BEING AN ORDINANCE AMENDING TIF ZONING ORDINANCE OF THE CITY OF FORT COLLINS BY CHANGING THE ZONINGCLASSIFICATION FOR CERTAIN PROPERTY. Motion was made by Councilman Bennett, seconded by Councilman Kruchten, that Ordinance No. 20, 1968, be adopted and 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. The following ordinance,which has been presented for study and amendment for a length of time, was presented on first reading: ORDINANCE NO. 17, 1968 BEING AN ORDINANCE REGULATING THE SALE AT RETAIL OF FERMENTED MALT BEVERAGES CONTAINING NOT MORE THAN 3.2% ALCOHOL BY WEIGHT, AND REPEALING SECTIONS 2-5 THROUGH 2-29 OF THE CODE OR ORDINANCES OF THE CITY OF FORT COLLINS, COLORADO, (1958), AS AMENDED. There was some discussion about the occupational 'tax and motion was made by Councilman Bennett, seconded by Councilman Kissock, that the taxes in the occupational tax in the ordinance be as discussed by the Beer Dealers Association and the amendments, namely, Class A, $100.00; Class B license, $50.00, and Class C license, $200.00. Roll was called resulting as follows: Ayes: Councilmen Troxell, Kissock, Kruchten and Bennett. Nayes: Councilman Carson. The President declared the motion adopted. Another point of discussion was the matter of Sunday closing. After further discussion, motion was made by Councilman Kruchten, seconded by Councilman Troxell, to leave the section regarding Sunday closing as it is now in the ordinance. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell and Kruchten. Nayes: Councilmen Kissock and Bennett. The President declared the motion adopted. Motion was made by Council Troxell, seconded by Councilman Kruchten, that Ordinan No. 17, 1968, as corrected by the above actions, be considered favorably on first reading, and ordered published this 23rd day of May, A. D. 1968, and to be presented for final 95 May 23, 1968 passage on the 13th day of June, A. D. 1968. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell and Kruchten. Nayes: Councilmen Kissock and Bennett. The President declared the motion adopted. At this point the Mayor introduced a group of 6th grade students from O'Dea school who were present and held a short discussion with the members of the Council. The following ordinance was presented and read on first reading: ORDINANCE NO. 23, 1968 BEING AN ORDINANCE DESIGNATING, PRESERVING, PROTECTING, ENHANCING AND PERPETUATING LAND- MARK STRUCTURES AND DISTRICTS WITHIN THE CITY OF FORT COLLINS, DESIGNED TO STABILIZE OR IMRROVE THE AESTHETICS AND ECONOMIC VITALITY AND VALUES OF LANDMARK STRUCTURES AND DIS- TRICTS IN THE CITY AND TO PROTECT AND ENHANCE THE CITY'S ATTRACTION TO RESIDENTS AND VISI- TORS AND TO PROMOTE THE USE OF HISTORIC AND ARCHITEC9URAL LANDMARKS FOR THE EDUCATION, STIMULATION AND WELFARE OF TIE PEOPLE OF THE CITY AND TO PROMOTE AND ENCOURAGE CON TINUED PRIVATE OWNERSHIP AND UTILIZATION OF LANDMARK BUILDINGS AND OTHER LANDMARK STRUCTURES AND CREATING A LANDMARK PRESERVATION COMMISSION PROVIDING FOR THE ADOPTION BY SUCH COMMISSION OF STANDARDS AND SETTING FORTH A PROCEDURE DESIGNED TO PROTECT EXISTING LANDMARKS IN THE CITY OF FORT COLLINS. Motion was made by Councilman Troxell, seconded by Councilman Kissock, that Ordinance No. 23, 1968, be considered favorably on first reading and ordered published this 23rd day of May, A. D. 1968, and to be presented for final passage on the 13th day of June, A. D, 1968. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Kissock, Kruchten and Bennett. Nayes: None. The President declared the motion adopted. The following resolution was presented and read at length: RESOLUTION Gs `f3 OF THE COUNCIL OF THE CITY OF FORT COLLINS GIVING NOTICE CONCERNING A PROPOSED ORDINANCE AMENDING SECTION 19-46 OF THE CODE OF ORDINANCES OF THE CITY OF FORT COLLINS, COLORADO, 1958, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE, AND RELATING TO THE METHOD AND PROCEDURES FOR AMENDING SAID ORDINANCE. WHEREAS, the Planning and Zoning Board has made a study of the methods and pro- cedures required for amendment of the Zoning Ordinance and has held a hearing and has recommended to the City Council that Section 19-46 of the Code of Ordinances of the City of Fort Collins, Colorado, 1958, as amended, be amended; and WHEREAS, the City Council desires to hold a public hearing on said proposed amendment as required by Section 19-46.1 (2) of the Code of Ordinances of the City of Fort Collins, Colorado, 1958, as amended. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that June 13, 1968, 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 proposed amendment; and BE IT FURTHER RESOLVED that the City Clerk is hereby instructed to publish a notice of said hearing as provided in Section 19-46.1 (2) 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 23rd day of May, A. D. 1968. /s/ Karl E. Carson Mayor ATTEST: /s/ Miles F. House City Clerk Motion was mode by Councilman Bennett, seconded by Councilman Kissock, that this resolution be adopted. Roll was callled resulting asfollows: Ayes: Councilmen Carson, Troxell, Kissock, Kruchten and Bennett. Nayes: None. The President declar the motion adopted. The following resolution was presented and read at length: RESOLUTION 68 vq OF THE COUNCIL OF THE CITY OF FORT COLLINS, SETTING FORTH POLICIES ANDPROCEDUR_ES TO BE FOLLOWED IN CONNECTION WITH APPLICATIONS FOR FERMENTED MALT BEVERAGE LICENSES AND HEARINGS THEREON. 96 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS: May 23, 1968 Article 1. Applications and Hearings for License. Acting as the local licensing authority, and pursuant to the provisions of Ordi- ance No. 17, 1968, the City Council hereby establishes the following procedures adpolicies o apply in the City of Fort Collins in connection with all applications for fermented malt everage licenses. Section 1. Application Forms. a. Applications for licenses to sell fermented malt beverages shall be made on orms to be supplied by the City. b. Applicants shall answer all questions on the application and shall attach xhibits if more space is required. In addition, all exhibits required herein shall be attac - d to the application. Section 2. New Licenses. In the case of applications for a new license the following policies and proce- .ures shall apply: a. Three letters of recommendation concerning the background for any individual amed in the application as being the sole owner, co-partner, corporation!,. and any manager f the premises must be filed with the application. b. Applicants shall submit information concerning management associations and 'inancial interests of other persons in the business. C. An applicant shall submit full information concerning the basis on which the applicant will occupy the premises for which the license is desired including, if applicable, )roof of ownership of premises, copy of lease, copy of contract, or such other document as iay apply. d. If the applicant is a partnership, a copy of the Articles of Co -Partnership >hall be filed with the application. If the applicant is a corporation, a certified copy >f the Articles of Incorporation shall be filed with the application. In addition, if the applicant is a corporation, the applicant shall submit the names and addresses of all per- sons holdingmore than 10% of the outstanding and issued capital stock of the corporation. Limited partnerships shall be treated in the same manner as corporations. e. Each person reported on the application as having an interest in the business Shall submittto an investigation in order to determine his suitability for a license. The Lnvestigation shall determine citizenship, residence, good character and reputation, felony ,onvictions or other information as to the character of the applicant. f. An application fee of $300.00 shall be submitted with the application. The fee shall be used to defray the expense incurred by the City for the review, investigation, supplies, publications and posting of premises, reported and transcript of proceedings and I other services of personnel of the City which pertain to the application. 11 g. All applications shall be filed with the Director of Finance and upon receiv- ing the same, the Director of Finance shall cause a preliminary hearing on the application to be set on the agenda for a City Council meeting to be held no less than 11 nor more than 30 days after the receipt of the application. The Director of Finance shall further submit copies of the application with all exhibits thereto, to the City Attorney and the Police Department. The Director of Finance shall further advise the applicant of the date for 11 Preliminary hearing and the applicant shall appear at such hearing. At the preliminary hearing, the City Council shall determine whether the application is in compliance with the requirements of law, and if it so complies, the City Council shall set a date for hearing the application and may impose special requirements on the applicant not inconsistent with this resolution, the ordinances of the City or State law. h. The City Council hereby deterfaines and establishes that the immediate neigh- borhood most likely to be affected in connection with the fermented malt beverage license is an area 2,000 feet in each direction from the address of the applicant squared to the nearest street and to include both sides of the streets which are indicated as the boundaries. In the event the proposed location is such that the aforedefined neighborhood does not appear ijeasonable, the City Council shall at the preliminary hearing set the boundaries of the neighborhood. The applicant shall be presumed to have agreed to the boundaries so estab- lished unless he shall file a written protest as to such boundaries with the Council not less than five days after the date of the preliminary hearing. 11 i. The City shall furnish the applicant and any protestant with maps showing the neighborhood, which maps shall also show the existing license locations. j. The City of Fort Collins shall be responsible for postitg the property and publishing the legal notice. k. In cases where the building for the proposed license location is not in existence, the license application shall include the plans and specifications for the build- ni to be constructed. In cases where the building is in existence, the license application Ishall include exhibits showing the floor plan of the existing building and any alterations Ito be made in the building. Although a license may be approved, no license shall be issue rntil all construction work or remodeling work shown in the license application has been completed and the building is constructed and ready for occupancy nd then only after in- spection of the premises has been made to determine that the bull ing substantially complies with the application. 1. At the public hearing on the application, any party in irtaDrest shall be allowed to present evidence and to cross-examine witnesses. 97 (1) Party in interest as used in this subsection means any of the following: (a) The applicant or his authorized representative. (b) A resident of the neighborhood under cnnsideration. (c) The owner or manager of any business located in the neighborhood under consideration. (d) The owner of any real property located in the neighborhood under consideration. (2) The Council may at the public hearing limit the presentation of evidence and cross-examination, so as to prevent repetitive and cumulative evidence or examination. M. Presentation of evidence at a public hearing may be by petition. No, peti- tion shall be accepted whidl has been circulated prior to the posting of the property. Each signature on any petition shall be the actual signature of the person indicated. Eac signature shall be identifiable with an address stated on the petition, together with the age of the person signing the petition. Each petition shall contain a verified statement signed by .::the circulator of the petition that the circulator personally witnessed each signature appearing on the petition and that each signature thereon is the signature of the person whose name it purports to be, and the date or dates on which the petition was circulated. n. The City Council may make such independent investigation as it deems neces- sary or advisable in connection with any application for a license. o. Before ent�e.ring any decision approving or denying any application, the City Council shall consider the facts and evidence obtained as the result of the investigation as well as any other facts presented at the hearing or obtained as a result of an indepen- dent invest4tion by the members of the Council, the reasonable requirements of the neigh- borhood for the type of license for which the application has been made;the number, type and availability of other licensed outlets located in or near the neighborhood under con= sideration and any other pertinent matters affecting the qualifications of the.applicant for the conduct and the type of business proposed. p. The decision of the Council approving or denying the application shall be in writi.fig, stating the reasons therefor and shall be announced within 30 days after the date of the public hearing. A copy of such decision shall be sent by certified mail to the applicant at the address as shown on the application. Section 3. Ownership Change of Licensed Premises. In the case of a change of ownership of the licensed premises, the following policies and procedures shall apply: a. Applications for change of ownership shall be made on forms to be supplied by the City. b. Change of ownership of licensed premises shall include the following types of changes of exist.i•ng licenses: (1) Sale of licensed premises. (2) Transfer of 10% or more of the capital stock of any corporation holding a license, except acorporation whose stock is traded on a recogized exchange. (3) Transfer of possession of the licensed premised by operation of law (bankruptcy, receivership, foreclosure, eviction, etc.). C. In the case of the transfer of 10% or more of the capital stock of any cor- poration holding a license, such change shall be reported not less than 10 days prior to such transfer and approval shall be obtained frm the City Council before such transfer is made. d. Three letters concerning the background of any individual named in the application as being the sole owner, co-partner, corporation officer and any manager of the premises must be filed with the application. In addition, if the applicant is a corporation, or if a change of ownership of a corporation holding a license is involved, the names and addresses of all new stockholders who will hold more than 10% of the out- standing issued capital stock of the corporation shall be submitted, along with three letters for each such individual concerning the background of such individual. e. An applicant shall submit full information concerning the basis on which the applicant will occupy the premises for which the license is desired, including, if appli- cable, proof of ownership of premises, copy of lease, copy of contract, or such other documents as may apply. f. If the applicant is a partnership, a copy of the Articles of Cc -Partnership shall be filed with the application. if the applicant is a corporation, a certified copy of the Articles of Incorporation shall be filed with the application. g. A copy of any contract or agreement regarding the sale of the licensed pre- mises shall be filed with the application. h. A transfer fee of $20.00 shall be deposited with the application, the same to cover the work of investigation and review by the Director of Finance and Police Depart- ment. i. This type of change does not require a public hearing to be conducted by the City Council, but must be presented to the City Council for recommendation to the State Libensing Authority. It shall not be necessary to post notice on the premise or to publish legal notice of the proposed transfer in connection with this type of change. May 23, 1968 j. No preliminary hearing shall be held in connection with this type of appli- cation but the Director of Finance upon receiving such application shall set the matter forbearing on the agenda of the City Council at a date not less than 11 days nor more than 30 days from the date of receipt of the application. Section 4. Transfer of Location of Licensed Premises or Expansion of Licensed Premises. In the case of an application for transfer of the licensed premises for an exist- ing license, the following policies and procedures shall apply: a. .Transfer under this section shall include enlargement of the existing pre- mises so as to occupy more space than originally authorized andshown on the original license application. b. The policies and procedures for such change of licensed premises shall be the same as those set forth in .Section 2 hereof, except information and investigation re- garding the applicant shall not be required. The application fee of $300.00 shall be charged, provided, however, that in the case of an Erlargement of the premises amounting to an increase in size of the premises not exceeding 25% of the original licensed premises, t fee charged shall be $20.00 and publication and post.ing of the premises and a reporter at the hearing shall not be required, unless otherwise ordered by the City Council. C. Applications for change under this section shall be made on forms to be pro- vided by the City and application shall be filed with the hector of Finance as m appli- cations under Section 2 hereof. Article 2. F.ffectiiie Date This resolution shall become effective ascC the effective date of Ordinance No. 17, 1968. Passed and adopted at a regular meeting of the City Council held this 23rd day of May, A. D. 1968. /s/ Karl E. Carson Mayor ATTEST /s/ Miles F. House City Clerk Motion was made by Councilman Bennett, seconded by Councilman Kissock, 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 motion adopted. At this point a 30 minute executive session was called for a legal matter. Upon reconvening.. the Mayor declared the Council in regular session. Councilman Kissock requested permission to be given the floor which was granted. After obtaining the floor, Councilman Kissouck spoke in reference,to reconsidering the vote on the adoption of Ordi- nance No. 19, 1968. Motion was made by Councilman Kissock, seconded by Councilman Troxell, that the vote on the second reading of Ordinance No. 19, 1968, be reconsidered. Roll was called resulting as follows: Ayes: Councilman Kissock. Nayes: Councilmen Carson, Troxell, Kruchten and Bennett. The President declared the motion lost. A resolution ordering paving improvements in accordance with Section 15-55 F, Code of Ordinances 1958, as amended, was on the agenda for action this week. The City Manager requested that the resolution be withdrawn for consideration at this time. The City Manager read a report from the Colorado Municipal League opposing the rate increase requested by the Mountain States Telephone and Telegraph Company. The City Manager stated that the League had requested a 21c¢ per capita assessment based on the 1968 census to help finance the League's effort in oppos ing the increase of the rate by the Telephone Company. It was estimated that the request is for approximately $800.00. ion was made by Councilman Kruchten, seconded by Councilman Troxell, that the expenditurE approved. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, ssock, Kruchten and Bennett. Nayes adopted. None. The President declared the motion May 23, 1968 At this point under comments by the City Council, Councilman Kruchten discussed the recent action by the Community Action Committee and moved that the City Attorney be instructed to prepare a resolution in support of the Committee's action as discussed. This motion was seconded by Councilman Troxell. Roll was called resulting as follows: Ayes: Rouncilmen Carson, Troxell, Kissock, Kruchten and Bennett. Nayes: None. The President declared the motion adopted. There was some discussion concerning -a letter addressed to the Council by Gene Allen, Director of Planning, pertaining to the lack of sidewalks on East Prospect near the ment Barton School. The Depart/of Public Works were asked to prepare a study and report back to the Council on June 6, 1968, on this matter. The City Attorney reported that he -had completed the purchase of some Pleasant Valley and Lake Canal water rights at $397.28. Arthur March, Jr., Assistant City Attorney reported on the School Annexation suit instigated by the Fort Collins Larimer Water District and stated that the District Court had upheld the annexation as being legal. He also reported that the suit against the City for damages to a Fire Department truck had been completed and the City was awarded $250.00 in damages. 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 adopted and the Council adjourned. ATTEST: None. The President declared the motion ayor