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HomeMy WebLinkAboutMINUTES-08/03/1982-RegularAugust 3, 1982 0 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council -Manager Form of Government Regular Meeting - 5:30 p.m. A regular meeting of the Council of the City of Fort Collins was held on Tuesday, August 3, 1982, at 5:30 p.m. in the Council Chambers in the City of Fort Collins City Hall. Roll call was answered by the following Council - members: Cassell, Clarke, Elliott, Horak, Knezovich, Reeves and Wilmarth. Absent: None Staff Members Present: Meitl, Krajicek, Huisjen, Denton, Lewis Agenda Review: City Manager Deputy City Manager Meitl called Council's attention to two errors in the Preliminary Offering Statement for the $3,360,000 sales and use tax revenue bonds and noted they would be corrected prior to the final statement. 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. Agenda items pulled from the Consent Calendar will be considered separately under Agenda Item #28, Pulled Consent Items, except items pulled by anyone in the audience or items that any member of the audience is present to discuss that were pulled by staff or Council. These items will be dis- cussed immediately following the Consent Calendar. Consider Approving the Minutes of the regular meeting of July 20, 1982. 5. Second Reading of Ordinance No. 83, 1982, Vacating a 10-Foot Alley Adjacent to Lot 85 Indian Hills Fifth Subdivision. This Ordinance was unanimously adopted on First Reading on July 20 and vacates a 10-foot alley at the rear of Lot 85, Indian Hills Fifth Filing, at 1909 Stover. The alley which is actually one-half of an ' unimproved alley, was originally dedicated as part of the Indian Hills -354- August 3, 1982 ' Fifth Filing. The property to the west did not !dedicate the west one-half of the alley, and the 10-feet remains undeveloped. The alley along the rear of the lots south of Lot 85 had been vacated previously by Ordinance 1-81. The applicant is requesting the vacation of the alley and has agreed to reserve the LO-feet as an easement to cover existing utilities in the alley. The staff has reviewed the request and recommends approval subject to the reservation of the 10-feet as an easement. 6. Second Reading of Ordinance No. 84, 1982, Appropriating Money from the 9 Revenue S aring to the Community Services un or Administration of Human Service Programs. The Director of Human Development in Larimer County has submitted a request for $12,793 to cover administrative expenses of the Human Services program. Staff has reviewed the request and is recommending approval. The Ordinance, which was adopted unanimously on First Reading on July 20, appropriates $3,941 in the Revenue Sharing Fund for transfer to the Community Services Fund. The balance of $8,852 is available in the Community Services Fund. 7. Second Reading of Ordinance No. 85, 1982, Authorizing Transfers between Capital Projects. ' From time to time, it is necessary to shift funds from one capital project to another. Frequently this is done to cover minor changes that were not foreseen in the original scope of the project or to more accurately reflect the actual costs of a project. Various unspecified contingencies have been established to cover some of these extra expenses. Other transfers are from surplus funds in projects or from projects which have been delayed or canceled. The amendment to the City Charter in April, 1981, dealing with capital projects requires that these transfers be brought to the City Council for approval by passage of an ordinance. The items below are of a routine nature and are brought together in one ordinance, which was unanimously adopted on First Reading on July 20th. 1. FROM: Overland Trail & Drake Road Waterline $40,891 TO: N. Lemay Ave. Waterline -Phase B 16,000 Water Capital Projects Contingency 24,891 $40,891 2. FROM: Unspecified Drainage $3,000 TO: Greenbriar Basin Improvements $3,00 -355- ' August 3, 1982 8. Actions Relating to an Agreement with Loveland for` the Purchase of a Police Comouter Svstem (POSSE). On July 20th, Council unanimously adopted on Second Reading Ordinance No. 82, 1982, Authorizing the City Manager to Enter into an Agreement for the Lease and Option of Certain Equipment. The ordinance au- thorized lease/purchase financing for a period of 5 years for the Police POSSE computer and software. Negotiations with Loveland are finalized, and the following items implement that agreement. A. Resolution Authorizing the City Manager to Enter into an Inter- governmental Agreement with the City of Loveland for the Lease and Option of Certain Equipment which is Part of the Police Computer System. B. Resolution Authorizing the City Manager to Enter into an Inter- governmental Agreement with the City of Loveland for the Joint Use, Maintenance and Operation of a Police Computer System. C. Hearing and First Reading of Ordinance No. 88, 1982, Appropriating Unanticipated Revenue from the City of Loveland Relating to the Acquisition of a Police Computer System. ' 9. Withdrawal of Appeal on Zoning Board of Appeals Decision (ZBA #1331). On June 10, 1982, the Zoning Board of Appeals considered a variance request for the property at 600 Remington. This request, heard as Appeal #1331, was denied by a vote of four to zero. Jack Hale, the owner of the property, appealed that decision to Council, and the issue was scheduled for hearing before the Council on July 20th. At that meeting, the appeal was tabled to August 3rd at the request of the appellant, who has now submitted a request that the appeal be withdrawn from consideration. 10. Routine Easement and License Agreement. The following are a routine easement and a license agreement, which have been reviewed and approved by the affected departments and legal staff. a) Power line easement from Jack Bisceglia, located at 1437 East Mulberry Street, needed for the relocation of a power line serving the area. Consideration: $1. b) Resolution approving license agreement between the City and Platte River Power Authority (PRPA), to grant to PRPA the right to use a ' strip of land across the City's Water Treatment Plant #2 property to install a telephone cable to their new pump station. Granting -356- August 3, 1982 a permanent easement or right-of-way might interfere with any future construction of facilities at the treatment plant site. This license agreement provides the City with +,he flexibility to terminate the license with due notice if necessary. An alternate strip of -land could be provided to PRPA under a similar licensing arrangement at that time. Consideration: $10. Ordinances on Second Reading were read by title by Wanda Krajicek, City Clerk. Item #5. Second Reading of Ordinance No. 83, 1982, Vacating a 10-Foot Alley -Adjacent to Lot 85 Indian Hi s Fi th Su ivision. Item # 6. Second Reading of Ordinance No. 84, 1982 from the 1982 Revenue Sharing to the Commun Administration of Human Service Proqrams. iating Money ces Fund for Item #7. Second Reading of Ordinance No. 85, 1982, Authorizing Transfers between Capital Projects. Councilmember Horak made a motion, seconded by Councilmember Reeves, to adopt and approve all items not removed from the Consent Calendar. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, Reeves, and Wilmarth. Nays: None. THE MOTION CARRIED. ' Ordinances Relating to the Issuance of Industrial Development Revenue Bonds, Adopted on Second Reading Following is the staff's memorandum on this item: "A. Second Reading of Ordinance No. 86, 1982, Authorizing the Issuance of Industrial Development Revenue Bonds for the Tulakes Associates Project in the Principal Amount of $800,000. This Ordinance was unanimously adopted on First Reading on July 20 and calls for the issuance of Industrial Development Revenue Bonds to finance the construction of facilities for Tulakes Associates to house Ion Tech, Inc., as per an Inducement Resolution adopted by Council on May 18th. B. Second Reading of Ordinance No. 87, 1982, Authorizing the Issuance of Industrial Development Revenue Bonds for the Neenan Company Project in the Principal Amount of $750,000. This Ordinance was adopted on First Reading by a 6-1 vote and calls for the issuance of Industrial Development Revenue Bonds to finance the construction of facilities for the Neenan Building Partnership, as ' per an Inducement Resolution passed by Council on May 18th." -357- August 3; 1982 Councilmember Reeves.made a motion, seconded by Councilmember Horak, to adopt Ordinance No. 86, 1982' on Second Reading. Yeas: Councilmembers Cassell, Clarke, -Elliott, Horak, Knezovich, Reeves, and Wilmarth. Nays: None. THE MOTION CARRIED. Councilmember Clarke made a motion, seconded by Councilmember Horak, to adopt Ordinance No. 87, 1982, on Second Reading. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Reeves, and Wilmarth. Nays: Council - member Knezovich. THE MOTION CARRIED. Ordinance No. 89, 1982, Authorizing the Issuance of Sales and Use Tax Revenue Bonds in the Aggregate Principal Amount of $3,360,000 and Dated October 1, 1982, Adopted on First Reading Following is the staff's memorandum on this item: "The Sales and Use Tax Bonds will be used to finance street rehabilitation expenditures of $900,000 and to retire $2,000,000 of Bond Anticipation Notes issued October 1, 1981, for the Fort Collins - Loveland Airport. The remaining $460,000 of bond proceeds will be used to establish a Reserve Account in the amount of $430,000 to provide security to the purchasers of the bonds and $30,000 for bond issuance expenditures. The street rehabilitation $900,000 budget is broken down as follows: Rehabilitation Construction $765,000 Streets Division - patching and crack sealing 85,000 Construction Surveillance Contract 25,000 Contract Administration, Staff Salaries and Testing 25,000 Total $900, 00 The Airport's budget for expenditure of the $2,000,000 can be summarized as follows: Retirement of Debt $ 722,768 FBO Purchase 300,000 Water and Sewer Service required to keep the Airport Open 225,376 Necessary Improvements for FBO 244,179 ' Preparation of New Development Area 502,999 Contingency 4,678 Total $ 2,000,000 Im August 3, 1982 I Through June 30,1982, actual expenditures from the $2,000,000 allocated to the Airport have totaled $954,289. ill The $900,000 for Street Rehabilitation and $100,000 of the Reserve Account will be retired in five years, while the $2,000,000 for Airport expendi- tures and $330,000 of the Reserve Account and issuance expenses will all be retired over twenty years from operating revenues of the Sales and Use Tax Fund." Councilmember Knezovich made a motion, seconded by Councilmember Reeves, to adopt Ordinance No. 89, 1982, on First Reading. Assistant City Attorney Denton read several minor amendments suggested by bond counsel into the record. Councilmember Reeves made a motion, seconded by Councilmember Elliott to amend Ordinance No. 89, 1982, as described by Assistant City Attorney Denton. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, Reeves, and Wilmarth. Nays: None. THE MOTION CARRIED. The vote on Councilmember Knezovich's original motion to adopt Ordinance No. 89, 1982, as amended was as follows. Yeas: Councilmembers Cassell, I Clarke, Elliott, Horak, Knezovich, Reeves, and Wilmarth. Nays: None. THE MOTION CARRIED. Councilmembers' Reports Councilmember Horak reported there would be a hearing on the Poudre project on August 11th at 2:00 p.m. and 7:00 p.m. The following day there will be an advisory meeting to consider the input from the previous hearings. On August 16th at the Northglenn Holiday Inn, the Colorado Water Conservation Board will review the study findings and decide if they're going to recom- mend to the State legislature to proceed further. Resolution Authorizing the City Manager to Engage in All Necessary Activities for the Purpose of Constructing and Operating the Jefferson Street Parking Lot, Adopted Following is the staff's memorandum on this item: "At the July 27 Council Work Session, staff presented a proposal to lease/ purchase the land for the Jefferson Street Parking Lot. The lot would have , approximately 60 parking spaces. -359- August 3, 1982 ' Council originally appropriated $106,500 from the Capital Projects Fund to buy this land on May 4, 1982. The Union Pacific Railroad is interested in selling the land to. the City and is requesting a "letter of intent". Alternative methods of financing the development were studied and it was found that the proposed lease/purchase method would be more feasible. This proposal includes using $30,000 as down payment and the remaining $76,500 for development costs. Staff estimates the total project cost for land and development as $182,500. This would be a cost/stall of $3,000. The average cost/stall city-wide for surface parking lots is $4,000. Staff will pursue leasing the parking spaces to prime users; however, if this is not feasible, several different leases may be required. Follow up to Council as the project develops will be maintained." Councilmember Horak made a motion, seconded by Councilmember Elliott, to adopt the Resolution. Councilmember Wilmarth asked if there had been any staff progress made in regard to finding a single leasing entity to lease all 60 lots at a nego- tiated monthly rate rather than 2 entitites each leasing 25 spaces, leaving 10 unleased. Deputy City Manager Meitl stated staff had spent time with the two prin- ciples and there does not seem to be interest on the part of the lessees to take on the whole lot and then sub -lease it. He added that staff felt it would not be a problem to enforce the parking in this area. Councilmember Wilmarth asked what the City's policy was going to be with regard to how much will be charged under the lease agreement. He noted $15 per month had been suggested although the actual cost might be $19 or more. Additionally, how will the extra 10 space be handled. Deputy City Manager Meitl replied that it would be the City's intent to lease all the spaces for the same price hoping that Jefferson Street Station will lease more than the original 25. Enforcement would be simpli- fied by that. He added that tonight's Resolution only authorizes the City Manager to take whatever steps necessary and before any action was taken staff would make sure all the spaces were leased, all at the same rate, probably $15 per month. Councilmember Elliott asked about the breakdown of the costs for develop- ment and whether the City could front end the project 100% without getting involved in a financing program. Finance Director Ron Wood replied there was a possibility the design work could be done "in-house" and added the contingency amount would need to be there whether the project was done in-house or through contract. He stated ' it was necessary to finance the purchase of the land since it was difficult to use the improvements as collateral. -360- August 3, 1982 Councilmember Elliott suggested if the development costs were reduced, , perhaps the entire project (purchase and improvements) could be financed internally and interest costs avoided. Councilmember Clarke expressed concern that the $5,000 design cost was too high and that the proposal was brought to Council before the lot was fully leased. He stated he felt the proposal was premature before the lot was fully leased at a better price. Mayor Cassell noted he felt Council needed to give staff direction to go ahead with an evaluation and acquisition process and that was what the Resolution did. Councilmember Wilmarth stated he felt a letter of intent substantially fixes the plan of procedure. In order to allow maximum flexibility and bargaining power he noted he did not feel the letter of intent setting out the terms and conditions was the way to proceed. Deputy City Manager Meitl noted that the Engineering Department had decided to try to rearrange the schedules of the design team to permit the project to be designed in-house and will do everything possible to reduce the project cost. He added the letter of intent would simply state to Union Pacific the City's intent to purchase the lot and pursue the project. All the details of the project will come back to Council for approval when they ' have been worked out. Bruce Lockhart, 615 Mathews, questioned why the City was financing this project which would encourage the use of automobiles. Mayor Cassell replied that inadequate parking was a problem in the downtown area and that Council felt it was a proper role of government to try to solve that problem. The vote on Councilmember Horak's motion to adopt the Resolution was as follows. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, Reeves, and Wilmarth. Nays: None. THE MOTION CARRIED. (Secretary's note: Councilmember Wilmarth was not present for the remain- der of the Council meeting.) Citizen Participation A. Proclamation Designating August 6, 1982 as Atomic Veterans Day, to be delivered to the appropriate persons. B. Proclamation Designating the Month of August, 1982 as Ostomy Awareness I Month, to be delivered to the appropriate persons. -361- ' August 3, 1982 C. Proclamation Designating the Week of August 8, 1982, as Multiple Sclerosis Awareness Week, to be delivered to the appropriate persons. Public Hearing on the Structure of the Liquor Licensing Authoritv Following is the staff's memorandum on this item: "At Council's direction, legal staff has prepared the attached memorandum relating to the composition of the Liquor Licensing Authority and related issues that were discussed at the July 13th work session. At that meeting, Council directed that a public hearing be held concerning the matter of the composition of the Liquor Licensing Authority. The City Attorney's memorandum provides information on various alternatives available to the City Council regarding the structure of the Liquor Li- censing Authority, which is currently a five -member board appointed by the Council. The members of the Authorityhave been advised of this " public hearing. Assistant City Attorney Greg Denton reviewed the background for this issue noting Judge Sullivan's recent ruling that the City ordinance requiring an appeal from the Liquor Licensing Authority to the City Council was in violation of the State Liquor Code and therefore invalid. He presented four options based on Council interest expressed at the July 13th work session: (1) Allow the Liquor Licensing Authority to retain its duties and obliga- tions without any restructuring of the Authority. (2) Increase the membership of the Authority by either adding additional lay members to the Board or requiring participation by one or more Councilmembers on the Authority. (3) Abolish the Authority, returning the duties and obligations relative to Liquor Licensing to the City Council. (4) Restructure the Authority so that the Liquor Licensing Authority is purely advisory. Wally Bujack, Liquor Licensing Authority member, opposed the Authority being restructured into an advisory board. Assistant City Attorney Denton noted he had some legal difficulty in ' appointing alternates to this board since it was established by State statute and there is no provision for alternates in the statutes. -362- August 3, 1982 Councilmember Reeves made a motion, seconded by Councilmember Elliott to ' allow the Liquor Licensing Authority to retain its duties and obligations without any restructuring of the Authority. Councilmember Knezovich stated his interpretation of Article II of the Charter which describes the powers ascribed to the City Council. He stated he felt the Charter requires Council to be the decision -making body and that he was in favor of making the Liquor Licensing Authority an advisory board. Assistant City Attorney Denton replied that since liquor licensing has been found to be a matter of state-wide concern, the Charter cannot override what is authorized to Council by state statute. Councilmember Clarke asked Assistant City Attorney Denton how Council might keep the Liquor Licensing Authority at proper strength to make decisions without appointing alternates. Assistant City Attorney Denton replied that Council could raise the number required for a quorum of the Authority to four instead of the current 3 thus insuring at least 3 affirmative votes for a decision. Councilmember Clarke made a motion, seconded by Councilmember Horak to amend the motion to direct the City Attorney to prepare an ordinance to increase the number required for a quorum from the current language to four. Councilmember Elliott suggested passing the original motion and bringing the quorum issue and any other related matters back to a future meeting or work session. The vote on Councilmember Clarke's amendment was as follows. Yeas: Councilmembers Cassell, Clarke, and Horak. Nays: Councilmembers Elliott, Knezovich, and Reeves. THE MOTION FAILED. Councilmember Horak made a motion, seconded by Councilmember Knezovich to amend the motion to direct the City Attorney to prepare an ordinance that would increase the membership of the Liquor Licensing Authority from five to seven. Councilmember Horak noted the purpose of his amendment was to give a broader representation of the community to the board. The vote on Councilmember Horak's amendment was as follows. Yeas: Coun- cilmembers Cassell, Clarke, Elliott, Horak, and Reeves. Nays: Council - member Knezovich. THE MOTION CARRIED. ' -363- August 3, 1982 ' The vote on Councilmember Reeves original motion to allow the Liquor Licensing Authority to retain its duties and obligations without any restructuring of the Authority as amended to direct the City Attorney to prepare an ordinance that would increase the membership from five to seven was as follows. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, and Reeves. Nays: Councilmember Knezovich. THE MOTION CARRIED. Resolution Approving an Extension of Contract between City and State Board of Agriculture and ASCSU Relating to Transfort Rides for CSU Students, Adopted Following is the staff's memorandum on this item: "This summary has purposely been kept brief since Council has already received information on this item. ASCSU (Associated Students of Colorado State University) pays Transfort $2.00 per semester for each full-time, fee -paying CSU student. For exam- ple, when there are 17,000 such students, the payment is $34,000 per semester. In return, the City allows full-time, fee -paying students who present a CSU picture I.D. and a CSU Activity Card for the current semester to ride Transfort without further charge. Transfort also provides certain publicity regarding the availability of service, notifies ASCSU officials of public hearings and issues related tc Transfort, and considers significant student residential areas in struc- turing routes. With the approval of this Resolution, the staff will send a letter to the President of ASCSU stating that the City Council is extending the current contract through January 20, 1983, with the understanding that every effort will be made by ASCSU to have the issue of increasing the fee from $2 to $3 placed on a referendum in the fall of 1982, to be effective January, 1983. This increase will be utilized to offset the cost of the expanded Transfort Service. Since the Board of Agriculture has already approved the collection of the $2.00 fee, the extension may be signed by representatives of ASCSU." Councilmember Clarke made a motion, seconded by Councilmember Cassell, to adopt the Resolution as presented. Mike Stagg, ASCSU President, reported on the C.S.U. election and referendum procedures for the past five years and noted he had spoken with the in- coming ASCSU President Brad Frye about his feelings on the Transfort fee -364- August 3, 1982 ' increase. Frye indicated he would attempt to convince tiie Senate to place the question on the spring ballot. He urged the contract for S2/semester be extended through the 1982-83 school year. Councilmember Horak made a motion, seconded by Councilmember Reeves, to amend the extension date of the contract to,the end of May 1983 instead of January 20, 1983. Councilmember Horak noted he had proposed the amendment because he felt there would be a better chance to have a fee increase passed by the CSU students if the election is held in the spring once some of the system improvements are in place. Councilmember Reeves supported Councilmember Horak's motion, noting the CSU students have been a stabilizing force in the Transfort system since its beginning. She felt extending the contract through May would show good faith and aid in the negotiations. Councilmember Elliott asked when the new buses would be on the streets. Executive Director of Care -A -Van and Transfort Marj Walsh, replied the earliest dates are to get the first four buses by Christmas and the next five by January 10th. The start of the new semester would probably be the absolute earliest all nine new buses will be on the road. She added the financial resource analysis that is in process will look at the various sources of revenue open to the Transfort System whether they be fares or taxes. The request for proposals for the marketing study have not been sent but should be completed by mid -November. Councilmember Elliott supported Councilmember Horak's amendment to extend the agreement until the end of May stating he felt the students deserved to see the improved system in operation before being asked to vote on a fee increase. Mayor Cassell noted he felt the timing problem had been created by ASCSU's refusal to address the problem at the time it came up. He added he felt Council would be showing good faith by extending the contract six months and giving ASCSU one more opportunity to take the issue to a referendum. Councilmember Reeves pointed out the information on the marketing and rate structure analysis would not be done until this fall which would not be in time for a fall referendum by the students. The vote on Councilmember Horak's amendment was as follows. Yeas: Coun- cilmembers Elliott, Horak, and Reeves. Nays: Councilmembers Cassell, Clarke, and Knezovich. THE MOTION FAILED. -365- August 3, 1982 Mayor Cassell indicated he could not support the Resolution since there was no guarantee the new ASCSU President would support placing the fee increase referendum in the fall. He suggested the allowing contract to lapse on August 31. The vote on Councilmember Clarke's original motion to adopt the Resolution as presented was as follows. Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, and Reeves. Nays: Councilmember Cassell. THE MOTION CARRIED. Other Business Councilmember Horak requested a work session/lunch with the Water Board on August 10 to be followed by an adjourned meeting to give a Fort Collins position on the draft study on the Poudre River. The Water Board will present their recommendations at that time. ' Adjournment Councilmember Horak made a motion, seconded by Councilmember Elliott, to adjourn the meeting to 1:00 on August 10 to meet with the Water Board. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, and Reeves. Nays: None. The meeting adjourned at 9:40 p.m. ATTEST: City Glerk Mayor -366-