HomeMy WebLinkAboutMINUTES-11/03/1981-RegularNovember 3, 1981
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council -Manager Form of Government
Regular Meeting - 5:30 p.m.
Presentation of colors- Brownie Troop # 128.
A regular meeting of the Council of the City of Fort Collins was held
on Tuesday, November 3, 1981, at 5:30 p.m. in the Council Chambers in the
City of Fort Collins City Hall. Roll call was answered by the following
Councilmembers: Cassell, Elliott, Horak, Knezovich,. Reeves and Wilmarth.
Absent: Councilmember Clarke
Staff Members Present: Arnold, Liley, Lanspery, Krajicek, Lewis, Wood.
Agenda Review: City Manager
City Manager Arnold asked that Item # 27, Hearing and First Reading of
Ordinance No. 170, 1981 E1tablishin a Storm —Drainage Utility Fee and a
Storm Drainage Basin Fee to Finance Capital Improvements, be tabled until
November 17 to allow staff more time to work with the development com-
munity. He added that discussion of the City Attorney's selection process
would take place under Other Business.
Alida Loinaz, 525 E. Drake Road, asked that Item # 16, Second Reading of
Ordinance No. 166, 1981 Creating a Commission on Disability, be withdrawn.
Councilmember Knezovich requested Item # 21, Resolution Authorizing the
City Manager to Enter into an Agreement with ASCSU for Transportation
Services through Transfort, and Item # 22, Resolution Adopting 198'L Fees
and Charges Schedule for Municipal Golf Courses, be removed from the
1
Councilmember Elliott asked that Item # 17
Ordinance No. 167, 1981 Vacating The Fift
East Side of Lot 5, Creger Plaza Subdivision.
Mayor Wilmarth requested Item # 19, Resolution A
Recreation Board to Approve Master Plans for the
Parks, be removed from the Consent Agenda.
G161.1
t
and First Readin
Frontaqe Road on
izinq the Parks and
November 3, 1981 '
Consent Calendar
This Calendar is intended to allow the City Council to spend its time and
energy on the important items on a lengthy agenda. Staff recommends
approval of the Consent Calendar. Anyone may request an item on this
calendar be "pulled" off the Consent Calendar and considered separately.
4. Consider a
1981.
e minutes of thi
r 20
5. Second Reading of Or No. 133 1981 Amending Certain Sections
of Chapter 118 of the Code of the City of Fort Collins Zoning Ordi-
nance.
This Ordinance was unanimously adopted on First Reading on October 6
and tabled to this date on October 20 because of a publication error
at the newspaper. It is a staff initiated request to amend certain
portions of the Zoning Code to clarify and update the Ordinance to
correspond with current City policies.
6. Seco—d Reading of Ordinance No. 156 1981 Appropriating Unanticipated '
Revenge.
This Ordinance was unanimously adopted on First Reading on October 20
and appropriates $391,391 for construction and installation of the
computerized signal system expansion project with the money being
reimbursed to the City from federal funds.
7. Second Reading of Ordinance No. 157 1981 Authorizing the lit
Manager to Enter into an Agreement for the Lease/Purchase of a Tren-
cher.
This Ordinance was unanimously adopted on First Reading on October
20. The City of Fort Collins has received approval by the State of
Colorado Division of Highways (CDH) to provide the traffic signal work
for the expansion of the computerized traffic control system at
approximately 27 locations and upgrading several local intersections
with Federal Aid Urban System (FAUS) funding.
In order to do this work a trencher is needed. The trencher was
included in the 1982 budget requests for new equipment, but the
lease/purchase is being moved up because of the approval of the FAUS
project.
The purchase price of the trencher is $21,031.45 at an interest rate '
of 13.449%.
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November 3, 1981
8. Second Reading of Ordinance No. 158 1981 Vacating a Portion of a
Utility Easement, Lot 47 North Shore PUD.
This Ordinance was unanimously adopted on First Reading on October 20
and is a request for vacation of a portion of the utility easement at
1021 Sailors Reef. The applicant would like to construct a solar
greenhouse addition to the residence. The addition would require
vacation of 3 feet of the existing 10-foot utility easement.
9. Second Readinq of Ordinance No. 159 1981 Annexi
nn Hermitage Aexation.
This Ordinance was unanimously adopted on First Reading on October 20
and is a request to annex 5.84 acres located south of Trilby Road,
west of Highway 287. The Hermitage Inn is located on the site, which
is zoned T-Tourist in Larimer County.
10. Second Reading of Ordinance No. 160 1981 Zoning PropertyKnown as
Hermitage Annexation.
This Ordinance was unanimously adopted on First Reading on October 20
and is a request to zone 5.84 acres located south of Trilby Road and
west of Highway 287. The applicant is requesting B-P, Planned Busi-
ness. Present zoning is T-Tourist in the County.
11. Second Reading of Ordinance No. 161 1981 Appropriating Park Bond
Proceeds in the Capital Pro,7ect -Fund.
This Ordinance was unanimously adopted on First Reading on October 20
and would appropriate park bond proceeds in the amount of $35,000 to
the original budget of $30,000 for Rolland Moore Park for a total
contract amount of $65,000.
12. _Second Reading of Ordinance No. 162 1981 Amendin Ordinance
1981, Including Additional Propert.Y Into The Downtown Dev
This Ordinance was unanimously adopted on First Reading on October
20. By letter and petition, all of the owners of the properties known
as 110, 114, 118, 124 North Sherwood and 420, 424, 430 West Mountain
Avenue have requested inclusion within the boundaries of the Downtown
Development Authority (DDA). The DDA Board feels the major project
contemplated for the area is consistent with the goals and objective
of the Authority and, consequently, recommends the inclusion of the
' area in the DDA.
460
J
d
November 3, 1981 '
13. _Second Reading of Ordinance No 1% 1981 Amending Section 99-6 of
the Code of the Ctt to Provide for the Collection of Funds and
Reimbursement to Developers Constructing Streets Which Benefit Ad-
�acent Property Owners.
This Ordinance was unanimously adopted on First Reading on October 20
and institutes the following recommendations of the staff and the
homebuilders committee. This item was discussed at the August 25,
1981 work session with the City Council.
1. All subdivisions and planned unit developments would be required
to have access to an improved arterial street or to an arterial
street designated for improvement in the five-year plan for
arterial streets. Any subdivision or planned unit development
which did not have direct access to an improved arterial street
or an arterial street designated for improvement in the five-year
plan would be required to improve streets off -site with adequate
capacity to accommodate the projected traffic for the develop-
ment. Off -site improvements would be required to include a
minimum of 36 feet of pavement on an adequate base for the
ultimate design of the street as designated on the Master Street '
Plan.
2. The City should establish a mechanism to provide reimbursement to
any developer who is required to install off -site streets as part
of the above requirement.
14. Second Reading of Ordinance No. 164 1981 AppropriatingUnanticipated
Revenue in the Revenue Sharing Fund.
This Ordinance was unanimously adopted on First Reading on October 20
and appropriates the $90,000 in the Revenue Sharing fund for transfer
to the Capital Projects Fund to fund the Ballfield Lighting Conversion
Project.
15. Second Reading of Ordinance No. 165 1981 Authorizin the Transfer of
Appropriated Amounts from the Revenue Sharing Fund to the Capital
Projects Fund.
Ordinance No. 164, 1981, appropriated prior year reserves in the
Revenue Sharing Fund for transfer to the Capital Projects Fund for the
Ballfield Lighting Conversion. ($90,000)
This Ordinance was unanimously adopted on First Reading on October 20
and authorizes the transfer and increases the total project budget to
$93,000. '
461
16. Second Reading of Ordinance No. 166
November 3, 1981
Creating a Commission on
This Ordinance was adopted on First Reading by a 6-1 vote on October
20 and creates a Fort Collins Commission on Disability. In 1977 the
City Council formed a Handicapped Advisory Committee to serve as a
subcommittee for the Human Relations Commission. The subcommittee was
charged with the responsibility of inquiring into and acting on the
needs of disabled persons in the community.
Staff recommends that the subcommittee be granted Commission status.
This is supported by the Human Relations Commission, and has been
requested also by the Handicapped Advisory Committee.
17. Hearin and First Readin of Ordinance No. 167 "" VacatingThe
Fifty 0 Foot Frontage Roa 'on the East Shia of int Creger Plaza
Subdivision.
This is a request for the vacation of the frontage road on the
east side of Lot 5, Creger Plaza Subdivision. The City has discon-
tinued the development of the frontage road system on College Avenue
north of La Belle's/Target on the west side of College. (The decision
on the east side of College has not yet been made). At the same time
as the vacation, the applicant will dedicate utility easements to
cover the existing utilities and an easement for access. The staff
has reviewed the vacation request and the proposed dedications and is
recommending approval.
18. Hearing and First Readingof Ordinance No 168 1981 Vacating
Streets and Easements Dedicated on North Lema Subdivision, Second
Filing.
The applicant is requesting vacation of all streets and easements
as dedicated on the plat of the North Lemay Subdivision, Second Filing
as previously recorded with the County Clerk. The subdivision has
been recently replatted and has been considered and approved by the
Planning and Zoning Board on April 30, 1981.
19. Resolution Authorizin the Parks•and Recreation Board to Approve
Master Plans for the Internal Development of Parks:
At the City Council Work Session on May 12, 1981, the Parks and Recre-
ation Advisory Board Chairman presented a Board initiated proposal re-
questing that Council designate the Parks and Recreation Board as the
approval authority for Parks Master Plans.
462
November 3, 1981
The Board at their regular meeting of September 22, 1981,.unanimously
recommended adoption of this Resolution authorizing the Parks and
Recreation Board to approve master plans for the internal development
of parks.
20. Resolution Approving the Execution of a Contract with Simons Li &
Associates for Professional Services for the Performance of the Fossil
Creek Master Plan.
Staff recommends the contract for the Fossil Creek Master Plan be
awarded to Simons, Li & Associates.
21. Resolution Authorizin the Cit Mana er to Enter into
with ASCSU for Transportation Services through Transfort.
The Transfort/ASCSU contract entitles all full-time CSU students to
full use of the Transfort system. In return for this service, Trans -
fort collects a one-time fee per semester from each full-time student
through their activity fees. The present rate is $2.00 per semester
per full-time student. The rate for the contract under consideration
remains $2.00 and the term length of the contract is September 1,
1981, through August 31, 1982.
22. Resolution Adopting 1982 Fees and Charges Schedule for Municipal Golf
Courses.
The Golf Advisory Board, at its regular meeting held on October 21,
1981, recommended to City Council this Resolution adopting the 1982
Fees and Charges Schedule for City Golf Courses. Parks and Recreation
Department staff and the Golf Board thoroughly discussed each item and
fee rate on an individual basis.
Ordinances on Second Reading were read by title by Wanda Krajicek, City
Clerk.
Item # 5. Second Reading of Ordinance
Sections of Chapter 118 of tf
Zoninq Ordinance.
33, 1981. Amendi
e
Item # 6. Second Reading of Ordinance No. 156 1981
ticipated Revenue.
Item # 7. Second Reading of Ordinance No. 157 1981 Authori
Mana get to Enter into an Agreement for the Lease/
Trencfier.
463
tort Loiiins
iating Unan-
ing the City
urchase of a ,
November 3, 1981
Item # 8. Second Readinq of Ordinance No. 158 1981 Vacatin a Portion of
a Utility Easement Lot 7 North Shore PUD.
Item # 9. Second Reading of Ordinance No 159 1981 Annexing Property
Known as Hermitage Annexation.
Item #10. Second Reading of Ordinance No. 160, 1981, Zoning Property Known
as Hermitage Annexation.
Item #11. Second Reading of Ordinance No 161 1981 AppropriatingPark
Bond Proceeds in the Capital Protects Fund.
Item #12. Second Readingof Ordinance No. 162 1981 Amending Ordinance
No. 46, 1981 Includin Additional Property Into The Downtown
Development Authority.
Item #13. Second Reading of Ordinance No. 163 1981 Amendin Section 99-6
of the Code of the City to Provide for the Collection of Funds
and Reimbursement to Developers Constructin Streets Which
Benefit Adjacent Property Owners.
Item #14. Se_cond Reading of Ordinance No. 164 1981 Appropriating Unan-
ticipated Revenue in the Revenue Sharing Fund.
Item #15. Second Readin of Ordinance No 165 1981 Authorizing the
Transfer of Appropriated Amounts from the Revenue Sharin Fund
to the Capital Projects Fund.
Item #16. Second Reading of Ordinance No. 166 1981 Creating a Commission
on Disability.
Ordinances on First Reading were read by title by Wanda Krajicek, City
Clerk.
Item #17. Hearin and First Readingof Ordinance No. 167 1981 Vacatin
The Fift 50 Foot Fronta a Road on the East Side of Lot 5
Creger Plaza Subdivision.
Item #18. Hearing and First Reading of Ordinance No 168 1981 Vacating
Streets and Easements Dedicated on North Lemay Subdivision,
Second Filing.
Councilmember Reeves made a motion, seconded .by Councilmember Elliott,
to adopt and approve all items not removed from the Consent Calendar.
Yeas: Councilmembers Cassell, Elliott, Horak, Knezovich, Reeves and
Wilmarth. Nays: None.
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November 3, 1981
THE MOTION CARRIED.
Second Reading of Ordinance Creating a
Commission on Disability, Adopted as Amended
Following is the City Manager's memorandum on this item:
"This Ordinance was adopted on First Reading by a 6-1 vote on October 20
and creates a Fort Collins Commission on Disability. In 1977 the City
Council formed a Handicapped Advisory Committee to serve as a subcommittee
for the Human Relations Commission. The subcommittee was charged with the
responsibility of inquiring into and acting on the needs of disabled
persons in the community.
Staff recommends that the subcommittee be granted Commission status. This
is supported by the Human Relations Commission, and has been requested also
by the Handicapped Advisory Committee."
Alida Loinaz, 525 E. Drake Road, asked the Council to amend the ordinance
to allow existing members of the Handicapped Advisory Committee to be ap-
pointed to the Commission on Disability even though they do not reside in
the Urban Growth Area.
Councilmember Horak made a motion, seconded by Councilmember Reeves,
to amend Ordinance No. 166, 1981, on Second Reading by amending the section
relating to the Urban Growth Area to read "except for those members who are
currently serving on the Handicapped Advisory Committee." Yeas: Council -
members Cassell, Elliott, Horak, Reeves and Wilmarth. Nays: Councilmember
Knezovich.
THT MOTION CARRIED.
Councilmember Reeves made a motion, seconded by Councilmember Horak,
to adopt Ordinance No. 166, 1981, as amended on Second Reading. Yeas:
Councilmembers Cassell, Elliott, Horak, Reeves and Wilmarth. Nays:
Councilmember Knezovich.
THE MOTION CARRIED.
Ordinance Vacating The Fifty (50) Foot Frontage Road
on the East Side of Lot 5, Creger Plaza Subdivision,
Adopted on First Reading
Following is the City Manager's memorandum on this item: -
465
November 3, 1981
"The applicant is requesting the vacation of the frontage road on the
east side of Lot 5, Creger Plaza Subdivision. The City has discontinued
the development of the frontage road system on College Avenue north of
La Belle's/Target on the west side of College. (The decision on the east
side of College has not yet been made). At the time of the vacation
request, the applicant dedicated utility easements to cover the existing
utilities and an easement for access. The staff has reviewed the vacation
request and the proposed dedications and is recommending approval."
Councilmember Elliott stated that he wanted to discuss the approach of
changing the frontage road system on South College and noted that he was
not opposed to this particular vacation ordinance.
Councilmember Cassell stated he understood the philosophy now is to attempt
to get the replacement road for the service road as far away from the
intersection as possible.
Director of Planning and Development Curt Smith relied that in that area it
was planned that roads would be developed approximately one block east and
west of College that would give major access to the lots on the backside of
College.
' Councilmember Cassell made a motion, seconded by Councilmember Elliott,
to adopt Ordinance No. 167, 1981, on First Reading. Yeas: Councilmembers
Cassell, Elliott, Horak, Knezovich, Reeves and Wilmarth. Nays: None.
THE MOTION CARRIED.
Resolution Authorizing the Parks and Recreation
Board to Approve Master Plans for the Internal
Development of Parks. Adooted as Amended
Following is the City Manager's memorandum on this item:
"At the City Council Work Session on May 12, 1981, the Parks and Recre-
ation Advisory Board Chairman presented a Board initiated proposal re-
questing that Council designate the Parks and Recreation Board as the
approval authority for Parks Master Plans. Discussion ensued, and it was
generally agreed upon that staff prepare appropriate authorization and
provide it to the Parks and Recreation Board for their review and recom-
mendation.
The Parks and Recreation Board reviewed an initial draft resolution at
their meeting of June 30, 1981, and then at their regular meeting of
September 22, 1981, unanimously recommended adoption of this Resolution
' authorizing the Parks and Recreation Board to approve master plans for the
internal development of parks.
EN
November 3, 1981 '
This Resolution has been reviewed by City staff and staff recommen-
dation is for approval."
Mayor Wilmarth noted he supported this proposal but was requesting a
process whereby the Master Plan information would come to Council in some
kind of packet or information form in case there was some project that
might impact the budget process.
City Attorney Liley proposed an amendment to the Resolution that read as
follows:
"That the Parks and Recreation Board shall, after review and approval, send
the approved Master Plan to the City Council for its information and
review."
She added this amendment would trigger all Master Plans to be sent to
Council for review but they would only be reheard and the approval con-
sidered again if Council chose to appeal the decision of the Parks and
Recreation Board.
Councilmember Reeves made a motion, seconded by Councilmember Cassell, to
amend the Resolution as indicated by the City Attorney. Yeas: Council - '
members Cassell, Elliott, Horak, Knezovich, Reeves and Wilmarth. Nays:
None.
THE MOTION CARRIED.
Councilmember Cassell made a motion, seconded by Councilmember Reeves,
to adopt the Resolution as amended. Yeas: Councilmembers Cassell, El-
liott, Horak, Knezovich, Reeves and Wilmarth. Nays: None.
THE MOTION CARRIED.
Resolution Authorizing the City Manager
to Enter into an Agreement with ASCSU
for Transportation Services through Transfort
Following is the City Manager's memorandum on this item:
"The Transfort/ASCSU contract entitles all full-time CSU students to
full use of the Transfort system. In return for this service, Transfort
collects a one-time fee per semester from each full-time student through
their activity fees. The present rate .is $2.00 ;per semester for each
full-time student. The rate for the contract under, consideration remains
$2.00 and the term length of the contract is twelve months, beginning with '
each school year.
467
November 3, 1981
City Council has approved previous contracts annually with ASCSU since
1975. The new contract has now been finalized and is being presented for
formal Council approval as an intergovernmental agreement. A good deal of
time was spent discussing increasing the fee for this year. But last
year's agreement increased fees from $1.00 to the present level of $2.00
with the provision that we improve the system by installing shelters and a
peak hour bus. That was done. We anticipate negotiating an increase for
September, 1982, when our new buses are expected to be in operation.
With this $2.00 rate, contract revenue for 1981 is projected at $64,000
with a projected ridership of 125,000.
Other alternatives to the contract would be to charge the students either
a regular fare or a reduced fare and/or to sell individual student semester
passes. Ridership under a fare or pass system would probably be much lower
than under a contract. But assuming the same ridership at the full fare of
$.35, revenue generated would be $43,750.
Staff recommends approval of the contract."
Councilmember Knezovich asked why this contract was being presented after
the fact. He added that he felt the terms of the agreement could be
better stated if they were amended to run from September 1, 1981 to May 31,
1982. He also questioned the amount of publicity the City would be re-
quired to provide.
Councilmember Cassell stated he felt
should be negotiated to a higher rate
are not paying their share.
if there was still time, the contract
since it was his feeling the students
Councilmember Reeves pointed out that only full-time students who receive
an activity card are eligible for free rides on Transfort.
Councilmember Elliott proposed adoption of the Resolution but to put ASCSU
on notice that we expect to negotiate a higher fee for the next year's
agreement.
Councilmember Knezovich made a motion, seconded by Councilmember Cassell,
to amend the Resolution to state a termination date of May 31, 1982 and to
state that the level of publicity should not exceed $500.
Councilmember Horak
had negotiated in
potential to ride
system.
spoke in opposition to the amendment, noting the staff
good faith. He added that students only pay for the
Transfort and only a small percent actually use the
ME
November 3, 1981
Mayor Wilmarth suggested the contract should be negotiated in the spring
before the students leave rather than when they return in September. He
then expressed his concern about the amount of money that would be spent on
the publicity mentioned in the agreement.
City Manager Arnold replied that the only things paid for were 3 ads in the
college newspaper. The brochures and schedules are needed anyway and we
furnish about 5,000 of the 30,000 printed to the university.
Mary Oswald, 124 North Whitcomb, Director of Community Affairs ASCSU,
explained her involvement with the contract negotiation process, noting it
was usually done in the spring but this year they had assumed there wasn't
going to be any raise in fees and the new agreement would basically be the
same as the previous year. In August, they were informed there would be an
increase, so the process took longer. She added ASCSU was constantly being
asked for fee increases but there had been no improvement to the Transfort
service.
The vote on Councilmember Knezovich's previous motion to amend the Resolu-
tion was as follows: '
Yeas: Councilmembers Cassell, Wilmarth and Knezovich.
Nays: Councilmembers Elliott, Horak and Reeves.
THE MOTION FAILED.
Councilmember Reeves made a motion, seconded by Councilmember Horak,
to adopt the Resolution. Yeas: Councilmembers Cassell, Elliott, Horak,
Knezovich, Reeves and Wilmarth. Nays: None.
THE MOTION CARRIED.
Resolution Adopting 1982 Fees and Charges
Schedule for Municipal Golf Courses
Following is the City Manager's memorandum on this item:
"The Golf Advisory Board, at its regular meeting held on October 21, 1981,
reviewed, approved, and recommended to City Council this Resolution adop-
ting the 1982 Fees and Charges Schedule for City Golf Courses. Parks and
Recreation Department staff and the Golf Board thoroughly discussed each
item and fee rate on an individual basis, and a separate vote was taken on
each subject. The Board vote on each item will be noted within the summary
narratives of each topic.
469
November 3, 1981
DAILY GREEN FEES
For 1982 we are recommending consolidating and standardizing the Daily
Green Fees at both courses. It is our opinion that there really is no need
to differentiate between City Park Nine and Collindale charges, and the
fees should be the same at both courses. Also, golf play patterns indicate
that there is no need to distinguish between weekday play vs. weekend/
holiday play. We now get approximately the same number of golfers on
Thursday that we get on Sunday. The purpose of having a lesser fee for
weekdays in the past was to encourage golfers to take advantage of so-
called slack -time, which basically no longer exists in Fort Collins.
Therefore, the need for lesser green fees on weekdays no longer exists, and
we are recommending standardizing our fees.
When staff prepared the 1982 budget last spring, we figured our expendi-
tures and then increased the green fees 500 in each category. This
increase was projected to bring us approximately $14,000 more in green fee
revenue for 1982. The change to standardizing green fees required us to
recalculate our requirements, and in order to reach the same $14,000
increase in revenues, we had to set 1982 green fees accordingly. There-
fore, the $4.75 for 9 holes of golf and the $7.00 for 18 holes of golf
. should provide us the necessary needed green fee revenues, assuming rea-
sonable play on the courses and good weather conditions.
Comparing existing 1981 rates with recommended 1982 rates is as follows:
1981 1982
Weekdays (9 holes)
City Park Nine $3.75 $4.75
Collindale $4.25 $4.75
Weekdays (18 holes)
City Park Nine $5.00 $7.00
Collindale $6.00 $7.00
Weekends/Holidays (9 holes)
City Park Nine $4.75 $4.75
Collindale $4.75 $4.75
Weekends/Holidays (18 holes)
' City Park Nine $6.00 $7.00
Collindale $6.50 $7.00
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November 3, 1981 '
We feel that in the past we were under -charging for City Park Nine, and
this standardization of fees should correct that situation.
The Golf Board voted 6-0 regarding this green fees recommendation.
NON-RESIDENT FEE
The Golf Board voted 6-0 to leave the non-resident fee at the existing
levels. With the increases and changes in green fees already being sig-
nificant for 1982, it was felt further increasing non-resident fees could
possibly push us into an area of diminishing returns. As a point of
information, a non-resident green fee player will pay us $5.75 for 9 holes
of golf, and $9.00 for 18 holes of golf in 1982, at existing rates.
ANNUAL PASSES
This rate category has previously been known as "Memberships", but both
staff and the Golf Board agreed that the connotation of membership for a
public golf course was undesirable, and caused some people to feel they had
vested ownership, and it implied special privileges which really were not
available. The City Attorney also suggested to us last winter that we '
change the category to something, such as Annual Pass. Therefore, the Golf
Board voted 6-0 that the term Membership be changed to "Annual Pass".
The Board then thoroughly questioned some of the various Annual Pass
categories, and the past reasoning for the various rates. Several members
pointed out that the discounted rate for "Husband/Wife" was discriminatory,
and felt that the category should be eliminated. The Board then voted 6-0
to eliminate the category of Husband/Wife. Collindale Golf Professional,
Bill Metier, asked that the record show he is opposed to elimination
of this category.
The Board then voted 6-0 to establish the Single Adult rate at $200, and to
base the other rates on the Single Adult rate category, using a percentage/
ratio formula. For example, Senior Citizens and Junior golfers rate
categories are to be 50% of the regular Single Adult rate, and the Student
rate discount is to be 25% of same. The Board voted 6-0 to establish 1982
"Student" rates at $150, and "Junior" rates at $100; and voted 5:1 to
establish 1982 "Senior Citizen" rates at $100, also eliminating the Seniors
Husband/Wife category. Board member, Carl Kansala, who is 81 years old,
asked that the record show he feels the rates for Senior Citizens are too
high, and he feels the City Council should not raise Senior rates in the
future.
The Board discussed the "Family" rate category and agreed that since we
eliminated the Husband/Wife category, we would ,probably ,encourage more '
471
INovember 3, 1981
interest in the Family category; and we should set the rate trying to
make this fee be more palatable to the golfing public. On a vote of 6-0,
the Board set the 1982 Family rate at $330. The Board then voted 6-0 to
set the Single Adult - Combination Annual Pass rate at $250, with all
the other combination rate categories based upon the formula adopted for
Single Course Annual Passes.
Comparing existing 1981 rates with recommended 1982 rates is as follows:
Single Course Annual Pass
1981
1982
Family
$300.00
$330.00
Husband/Wife
$240.00
Eliminated
Single Adult
$170.00
$200.00
Student
$140.00
$150.00
Junior
$ 85.00
$100.00
Senior Citizen:
Husband/Wife
$160.00
Eliminated
Single Adult
$100.00
$100.00
'
Both Courses Combination Annual
Pass 1981
1982
Family
$340.00
$380.00
Husband/Wife
$280.00
Eliminated
Single Adult
$200.00
$250.00
Student
$160.00
$190.00
Junior
$105.00
$125.00
Senior Citizen:
Husband/Wife
$190.00
Eliminated
Single Adult
$135.00
$125.00
The notes that accompany the Annual Pass rates on the Resolution reflect
operating policy or previous City Council action. All of these notes were
approved 6-0 by the Golf Board. The establishment of 107 of each Annual
Pass rate going to the Surcharge Account is new for 1982, and it finally
recognizes that Annual Pass card holders should also pay a fair portion of
the Surcharge.
GOLF CART FEES
The recommended increases in fees for city -owned golf carts is a part of
the toaster Plan that was established when the City purchased golf carts in
July 1980. The Board unanimously concurred with these increases, as
follows:
472
City -owned Golf Carts
9 Holes
18 Holes
Senior Citizen Rates:
9 Holes
18 Holes
The Board then voted 6-0 to
carts (used, not stored) from
$6.00 daily in 1982.
STORAGE FEES
November 3, 1981
Existing
Recommended
1981
1982
$ 6.00
$ 7.00
$10.00
$12.00
$ 4.00 $ 5.00
$ 8.00 $10.00
increase fees for the use of private -owned
$100.00/or $5.00 daily in 1981 to $125.00/or
1982 Storage Fees for lockers and golf clubs at both courses is recommended
to stay the same as 1981 fees. However, the storage of privately -owned
golf carts at City Park Nine is recommended to go to $200.00 in 1982, which
is an increase of $50.00 over 1981 rates. Some staff members are opposed
to the storage and electrical. charging of private carts, and now that the
City is in the golf cart business, we should not store private carts. In
1980 the Golf Board voted unanimously to begin a "Phase -out" of said
private carts, and this attached Resolution officially recognizes that
private golf carts stored at City Park Nine shall be phased -out, and the
City will no longer store these carts after January 1, 1984. There' are
currently 17 such private carts at City Park Nine, and giving people until
1984 should be, a sufficient amount of warning to eliminate this problem.
The Board voted 6-0 to support this position.
CLUBHOUSE RENTALS
The Board unanimously concurred to standardize Clubhouse Rental Fees at
$25.00 for 1982. The 1981 rates varied from $10.00 to $25.00, depending on
the number of people in attendance. This criteria is not really that
valid, in that our costs for opening the Clubhouse building were the same
regardless of whether there were 10 people or 40 using the building.
SUMMARY
The Golf Advisory Board and staff ai
changes to the Golf Division Fees ar
requests that City Council support the
presented in the 1982 Fees and Charges
with the 1982 budget for Golf that was
That includes total projected revent
473
e making some rather significant
d Charges structure for 1982, and
recommendations. All of the rates
Schedule Resolution are compatible
adopted by City Council last month.
e and expenditures of $420,567."
November 3, 1981
Councilmember Knezovich stated he knew there were persons present who
wanted to oppose the changes in fee structure in the area of elimination of
husband -wife passes.
Tom Skillman, 818 East Elizabeth, Chairman of the Golf Board, noted that he
had concerns in this category. He felt the changes would reduce revenue
and added that he had not been present at the meeting where the Board had
voted to approve these changes. He asked Council to amend the Resolution
to reinstate the category or to have the Golf Board take another look at
the item.
Jim Mitchell, 1333 Parkwood Drive, Golf Board Vice -Chairman, addressed the
reasons the Board had eliminated the category. He noted the Board felt the
fee structure should be simplified and that there had been some difficulty
with the details of this category in the age and marital status areas.
Councilmember Reeves suggested Council pass this Resolution and allow Mr.
Skillman to bring this matter before the Golf Board to see if they would
recommend an amendment that would reinstate the category and could then be
brought back to Council.
Councilmember Elliott made a motion to table this Resolution until November
17 and have the Golf Board take a second look at it and come back with a
recommendation.
The motion died for lack of a second.
Councilmember Reeves made a motion, seconded by Councilmember Knezovich,
to adopt the Resolution. Yeas: Councilmembers Cassell, Elliott, Horak,
Knezovich, Reeves and Wilmarth. Nays: None.
THE MOTION CARRIED.
Ordinance Establishing a Storm Drainage Utility Fee
and a Storm Drainage Basin Fee to Finance Capital
Improvements, Tabled on First Reading to November 1
Councilmember Knezovich made a motion, seconded by Councilmember Reeves,
to table Ordinance No. 170, 1981, on First Reading until November 17 to
allow staff more time to work with the development community. Yeas:
Councilmembers Cassell, Elliott, Horak, Knezovich, Reeves and Wilmarth.
Nays: None.
THE MOTION CARRIED.
474
November 3, 1981 '
Discussion with the Downtown Development Authority
Downtown Development Authority Chairman, Earl Wilkinson, appeared to
discuss the possibility of forming an Urban Renewal Authority. He re-
quested time at a work session to further review the topic.
It was decided that the item would be scheduled for discussion at the
November 24th work session.
Citizen Participation
A. Proclamation naming second week in November as "Youth Appreciation
Week" to be presented to the appropriate persons.
Tom Graff, 4112 Milbrun Court, spoke in detail regarding the road condi-
tions on South Lemay Avenue south of Horsetooth. He requested some
interim actions to improve the safety conditions of the road in the area.
Councilmember Horak made a motion, seconded by Councilmember Reeves, to '
direct the staff to implement whatever temporary measures might be appro-
priate to deal with the problem. Yeas: Councilmembers Cassell, Elliott,
Horak, Knezovich, Reeves and Wilmarth. Nays: None.
THE MOTION CARRIED.
Second Reading of Ordinances Annexing and
Zoning Trilby Heights Fifth Annexation
Following is the City Manager's Memorandum on this item:
"A. Ordinance No. 117, 1981, Annexing Property Known as Trilby Heights
Fifth Annexation.
B. Ordinance No. 127, 1981, Zoning Property Known as Trilby Heights
Fifth Annexation.
Ordinance No. 117, 1981, was unanimously adopted on First Reading on
September 8 and Ordinance No. 127, 1981, was unanimously adopted on First
Reading on September 15.
The Second Readings of these two Ordinances annexing and 'zoning the Trilby '
Heights Annexation are the last in a series of 3 Trilby Heights Annexations
475
November 3, 1981
that are being redone as a result of the exclusion of the ownership inter-
est of Poudre Valley R.E.A. from the Trilby Heights Third Annexation."
City Manager Arnold noted this item was not on the Consent Agenda since
Councilmember Clarke felt conflict because of his Planning and Zoning Board
membership.
Councilmember Reeves made a motion, seconded by Councilmember Cassell,
to adopt Ordinance No. 117, 1981, on Second Reading. Yeas: Councilmembers
Cassell, Elliott, Horak, Knezovich, Reeves and Wilmarth. Nays: None.
THE MOTION CARRIED.
Councilmember Cassell made a motion, seconded by Councilmember Knezovich,
to adopt Ordinance No. 127, 1981, on Second Reading. Yeas: Councilmembers
Cassell, Elliott, Horak, Knezovich, Reeves and Wilmarth. Nays: None.
THE MOTION CARRIED.
Ordinances Relating to Beer and Liquor Occupation Taxes
Following is the City Manager's memorandum on this item:
"A. Second Reading of Ordinance No. 140, 1981, Relating to Alcoholic
Beverages.
B. Hearing and First Reading of Ordinance No. 169, 1981, Relating to
Alcoholic Beverages.
Ordinance No. 140, 1981, was adopted on First Reading on October 6 by a 6-0
vote. On October 20, the Ordinance was tabled to this date to allow staff
to look at a more equitable distribution of the tax rate.
At the work session of October 27, Council's direction was to set the
occupation tax for Hotel -Restaurant, Tavern and Retail Liquor Stores at
$1,500 annually and that all other classes of licenses (Beer & Wine, Club,
3.2%) would be set at $750 annually. The occupation tax would then collect
approximately $126,750 in General Fund revenue rather than the $108,750
listed in the 1982 adopted budget. The occupation tax on all businesses
selling malt, vinous and spiritous liquors has not been increased since its
imposition in April, 1969. Additionally, the occupation tax on the
business of selling 3.2% fermented malt beverages has not been increased
since 1971.
476
November 3, 1981
Because the changes to Ordinance No. 140, 1981, are substantial, staff
recommends that the Ordinance be denied on Second Reading and in its place
new Ordinance No. 169, 1981, should be adopted on First Reading.
Notice was sent to all licensed 3.2% and liquor outlets within the City
limits informing them of these proposed changes."
Mayor Wilmarth asked the record to show he did not vote or participate in
these items.
Councilmember Reeves made a motion, seconded by Councilmember Elliott,
to adopt Ordinance No. 140, 1981, on Second Reading. Yeas: Councilmember
Cassell. Nays: Councilmembers Elliott, Horak, Knezovich and Reeves.
(Wilmarth withdrawn)
The motion failed.
John Dowd, 2019 Constitution, spoke in opposition to Ordinance 169, 1981,
which would increase the occupation tax levied on 3.2% beer and liquor
businesses. He requested a business license be imposed on all businesses '
that operated in the City and that the occupation tax remain the same as
1981 figures.
Harry Nix, 704 Oxford Lane, owner of Foothills Discount Liquors, supported
Mr. Dowd's comments.
Councilmember Knezovich pointed out that the occupation taxes have not been
changed since 1969 (for liquor) and 1971 (for 3.2% beer) and noted by his
calculations an inflationary rate of 8% annually would have raised the $400
fee to $932. He noted he felt this was an attempt to put some equality
into the tax rate.
Don May, 612 Rocky Mountain Way, owner of the Laughing Dog Saloon, ques-
tioned the definition of occupation tax.
City Attorney Liley replied that an occupation tax was a tax on doing
business and was a revenue raising measure.
Mr. May asked why businesses like Sears, Wards, etc. don't pay an occupa-
tion tax.
Councilmember Reeves pointed out the other fee increases that were involved
in setting the budget. She added that she would be in favor of looking at
the occupation tax/business license tax during next years',budget process. '
477
1
November 3, 1981
Councilmember Elliott made a motion, seconded by Councilmember Knezovich,
to adopt Ordinance No. 169, 1981, on First Reading.
Councilmember Horak made a motion, seconded by Councilmember Reeves, to
amend Ordinance No. 169, 1981, on First Reading as follows:
Hotel -Restaurant and Tavern $ 1500
Retail Liquor Store 600
Liquor Licensed Store 600
Beer and Wine 500
Club 600
Extended Hours 180
3.2% 500
Councilmember Horak pointed out this fee structure would raise approxi-
mately the same amount of revenue projected in the budget and would give
Council a year to discuss what could be done with other businesses as well
as the occupation tax.
' The vote on Councilmember Horak's amendment to Ordinance No. 169, 1981, was
a follows:
Yeas: Councilmember Horak
Nays: Councilmembers Cassell, Elliott, Knezovich and Reeves (Wilmarth
withdrawn).
The motion failed.
The vote on Councilmember Elliott's original motion to adopt Ordinance No.
169, 1981, on First Reading was as follows:
Yeas: Councilmembers Cassell, Elliott, Knezovich and Reeves.
Nays: Councilmember Horak (Wilmarth withdrawn).
THE MOTION CARRIED.
Resolution Appointing Representatives to the. Board of Ethics,
Adopted as"Amended
Following is the City Manager's memorandum on this item:
"Council has adopted a policy Statement on Ethics, which authorized the
creation of an Ethics Board composed of three Councilmembers. Council
needs to select three representatives to serve on this Board.
478
November 3, 1981 '
The attached Resolution makes these appointments and sets the initial terms
of appointment until July 1, 1982. Staff is recommending that future
appointments be made each July for one year terms, since appointments to
other City Boards and Commissions are normally made in July.
The duties and responsibilities of the Ethics Board are set out in the
Policy Statement on Ethics."
Mayor Wilmarth nominated Councilmembers Cassell, Clarke and Elliott to be
the first representatives to the Board of Ethics and suggested the terms of
appointment be coincidentally terminated with the mayoral election instead
of July 1. Councilmember Knezovich seconded the nominations.
Mayor Wilmarth made a motion, seconded by Councilmember Knezovich, to adopt
the Resolution making the appointments and amending the termination date as
stated by Mayor Wilmarth. Yeas: Councilmembers Cassell, Elliott, Horak,
Knezovich, Reeves and Wilmarth. Nays: None.
THE MOTION CARRIED.
Resolution Making Appointments to Parking '
Commission and Storm Drainage Board
Following is the City Manager's memorandum on this item:
"Vacancies exist on the Parking Commission for two regular members because
of the expiration of the terms of Jim Woods and Deborah Bonner. In addi-
tion, there are vacancies for two alternate members on the Storm Drainage
Board because of the recent creation of those positions.
The applications received to fill these vacancies are attached for Council
review. The Parking Commission terms are for four years, running until
July 1, 1985. The Storm Drainage Board alternates appointed will serve
until July 1, 1983."
Councilmember Elliott gave the committee's recommendation on these two
Boards:
Parking Commission - Jim Woods and Miles Austin
Storm Drainage Board - Greg Hurst and Tom Stafford
Councilmember Cassell noted the committee had first recommended Tony
Giacopelli for the Parking Commission but in light of Council's stated
policy that Boards and Commissions representatives be residents of the
Urban Growth Area and since Mr. Giacopelli is a resident of Laporte, had ,
recommended Mr. Woods and Mr. Austin.
479
November 3, 1981
Councilmember Elliott made a motion, seconded by Councilmember Cassell,
to adopt the Resolution making the appointments. Yeas: Councilmembers
Cassell, Elliott, Horak, Knezovich, Reeves and Wilmarth: Nays: None.
THE MOTION CARRIED.
Approval of Human Relations Award Selection Criteria
Following is the City Manager's memorandum on this item:
"In July, Council heard a presentation from the Human Relations Commission
on the Human Relations Award concept and authorized the creation of the
Award. Selection criteria for awarding the 1982 award have been developed
by the Human Relations Commission and are now being presented for approval
as Council requested. The Commission's proposal is attached for review.
Mary Klopfenstein, a member of the Human Relations Commission, will give a
brief report at the meeting and answer any questions Council may have."
Mary Klopfenstein, Human Relations Commission, presented an outline for the
award and briefly reviewed the process for making the award.
Councilmember Elliott made a motion, seconded by Councilmember Horak to
endorse the plan as outlined by Ms. Klopfenstein. Yeas: Councilmembers
Cassell, Elliott, Horak, Knezovich, Reeves and Wilmarth. Nays: None.
THE MOTION CARRIED.
Appeal from Decision of Liquor Licensing Authority -
Ralph and Mary Ann Jordan dba Country Store 830 South College Avenue
Following is the City Manager's memorandum on this item:
"On September 11, 1981, the Fort Collins Police Department issued 35 sum-
mones for liquor law violations out of 55 businessess contacted. A total
of 28 businesses received violations and each business is scheduled for a
show/cause hearing before the Liquor Licensing Authority.
The Liquor Licensing Authority heard the show/cause hearing for Country
Store, 830 South College Avenue, on October 7, 1981. After hearing tes-
timony from both the licensee and the Police Department, the Authority
ordered a three-day suspension of the Country Store's 3.2% fermented malt
beverage license. There had been no previous violation recorded against
' this outlet.
Em
November 3, 1981 '
On October 16, 1981, the City Clerk received an appeal from the decision of
the Liquor Licensing Authority to the City Council. These hearings are
conducted on the record, i.e., no new evidence or testimony should be
considered. The hearing will consist of a review of the transcript of the
hearing before the Liquor Licensing Authority (a copy of the transcript
accompanies this memo) and a brief oral argument by the appellant based on
the record."
Mayor Wilmarth asked the record show he did not vote or participate in the
discussion of this item.
Rock Sorenson, attorney representing Country Store, presented a brief
review of the October 7 hearing of the Liquor Licensing Authority and of
the transcript of that hearing. He detailed Mr. Jordan's previous work
experience as it related to liquor related activities, noting he had never
had a violation in the course of that work experience. Mr. Sorenson urged
the Council to decide that the sanction of a 3-day suspension for a first
violation for a business of this nature was inappropriate and too harsh.
Councilmember Reeves made a motion, seconded by Councilmember Elliott, that
a violation did occur at the Country Store, 830 South College Avenue, on
September 11, 1981. Yeas: Councilmembers Cassell, Elliott, Horak, Knez- '
ovich and Reeves. Nays: None (Wilmarth withdrawn).
THE MOTION CARRIED.
Councilmember Reeves made a motion that the original penalty was too severe
and to sanction a 1-day suspension instead of a 3-day suspension.
The motion died for lack of a second.
Councilmember Elliott made a motion to sanction a 3-day suspension but to
hold the suspension in abeyance with the stipulation that if another
violation occurs within a 12-month period, the 3-day suspension would be
served in addition to the sanction imposed for the second violation.
The motion died for lack of second.
Councilmember Horak made a motion, seconded by Councilmember Knezovich, to
direct the City Attorney to write a letter of reprimand to the owners of
the Country Store, 830 South College Avenue.
Councilmember Horak noted he felt the Country Store had'been put on notice
that Fort Collins plans to deal with this problem severely in the future.
He added that he had made his motion in light of the fact there had been no
previous complaints against this business and because of the owner's I
previous record when employed elsewhere.
481
November 3, 1981
The vote on Councilmember Horak's previous motion was as follows:
Yeas: Councilmembers Cassell, Elliott, Horak, Knezovich and Reeves.
Nays: None (Wilmarth withdrawn).
THE MOTION CARRIED.
City Attorney Liley stated a Resolution incorporating the Council's find-
ings would be presented on the Consent Agenda of the November 17th meeting.
City Manager's Report
City Manager Arnold reported on the Lemay Avenue Extension study, noting
Transplan and staff had met with residents of the neighborhood on October
25 to explain that the two options Council authorized Transplan to study
were not practical in light of new information. Another meeting is sche-
duled for November 18 so that residents may offer their suggestions on how
to proceed.
' He added that staff was suggesting this meeting be adjourned to noon on
November 10 to allow an Executive Session to discuss City Attorney selec-
tion procedures.
Councilmembers' Reports
Councilmember Knezovich reported that the Finance Committee had met and
reviewed the budget packet that came out the end of September. He added
that a new Downtown Development Authority Director had been selected and
would be on board by December 15.
Councilmember Horak noted that he had been appointed to the Poudre Study
Steering Committee.
Councilmember Elliott suggested it might be appropriate to have a luncheon
with members of the Liquor Licensing Authority at some point in the future.
He noted there had been a Poudre Fire Authority meeting and complimented
the City Attorney's staff on the fine job of drafting the consolidation
contract.
Councilmember Cassell reported that the Energy Impact Committee of the
Colorado Municipal League had met to come up with recommendations to the
Policy Committee that Councilmember Reeves serves on. He added that
' there had been an all day Platte River Power Authority budget session and
that he would share the final draft with other Councilmembers.
November 3, 1981 '
Councilmember Reeves asked Councilmembers for any legislative items she
should take before the Policy Committee.
Other Business
Mayor Wilmarth outlined the procedures to be used in the City Attorney's
selection process.
Councilmember Knezovich recommended a committee to screen the applicants
and present the top ten for Council consideration.
Councilmember Cassell agreed with Councilmember Knezovich's suggestion.
Councilmember Horak agreed and proposed that Mayor Wilmarth be a member of
the screening committee.
Councilmember Elliott noted he would like to have copies of all applica-
tions and would like the option of adding a person who had not been se-
lected by the screening committee.
Councilmember Reeves noted there were tight time constraints and agreed I
with the suggestion of the screening committee.
The screening committee will consist of Mayor Wilmarth, City Attorney
Liley, City Manager Arnold and Employee Development Director Powers and
will send a report of the top ten in the Friday packet.
Adjournment
Councilmember Cassell made a motion, seconded by Councilmember Reeves, to
adjourn the meeting to 12:00 noon on November 10. Yeas: Counci l members
Cassell, Elliott, Horak, Knezovich, Reeves and Wilmarth. Nays: None.
The meeting adjourned at 10:20 p.m.
q1t,7
Mayor /
AT�TE/S�T�:QQ ,
City Clerk
HIN