Loading...
HomeMy WebLinkAboutMINUTES-11/23/1982-AdjournedNovember 23, 1982 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council -Manager Form of Government Adjourned Meeting - 5:30 p.m. An adjourned meeting of the Council of the City of Fort Collins was held on Tuesday, November 23, 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: Clarke, Elliott, Horak, Knezovich, Reeves and Wilmarth. Absent: Councilmember Cassell Staff Members Present: Arnold, Krajicek, Huisjen, Denton, Lewis, Bob Lee, Hays Agenda Review: City Manager ' City Manager Arnold suggested Agenda Items 18 and 19 be reversed, both dealing with Block 31. 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 #21, 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. 9. Second Reading of Ordinances Relating to the Issuance of General Obligation Water Bonds in the aggregate principalamount of , 00, 000, dated December 1, 1982. A. Second Reading of Ordinance No. 136, 1982, authorizing the issu- ance of General Obligation Water Bonds in the aggregate principal amount of $4,100,000, dated December 1, 1982. ' B. Second Reading of Ordinance No. 139, 1982, appropriating monies in the Capital Projects Fund. -541- November 23, 1982 The General Obligation Water Bonds are being issued during 1982, instead of their scheduled issuance in 1983, per the 1983 Annual Budget, in order to take advantage of a favorable bond market and prior to new I.R.S. regulations concerning municipal debt that go into effect January 1, 1983. Ordinance No. 136, 1982 was adopted on First Reading on November 9th. . The appropriation ordinance which was adopted on First Reading on November 9th is required to pay the issuance expenses of the bond issue and to provide a contingency for the funded projects. The remainder of the proceeds has been appropriated as part of the 1983 Annual Appropriation. 10. Resolution Approving a Temporary Use Permit with the Northern Colorado Water Conservancy District for 4 Acre -Foot Units of CBT Water. From time to time Northern Colorado Water Conservancy District (NCWCD) water is turned over to the City of Fort Collins for satisfaction of water rights requirements. Milton Alsum is transferring four units of NCWCD water to satisfy requirements on the Stockbridge Village PUD. To accomplish the transfer, the Conservancy District requires that a Temporary Use Permit be approved by an appropriate resolution from the City Council. Periodically, all NCWCD water owned and used under a Temporary Use Permit is converted to use under a permanent contract. 11. Resolution Approving an Agreement for Mutual Aid with Other Cities. Agreement is made between the city electric utility systems to furnish "Mutual Aid" in case of emergencies caused by the destruction or damage thereto of electric lines, equipment or facilities, on a scale that overtaxes the systems' manpower, equipment and other facilities and which results in a major breakdown of service. It also covers non -emergency conditions such as the sharing of equipment or ma- terials. This agreement is the end result of a number of work sessions with the attorneys and the utility managers of Estes Park, Loveland, Longmont and Fort Collins. 1 12. Resolution Approving an Addendum to Renewal Contract with General Code Publishers for Supplementation of City Code. In 1971, the City entered into a contract with General Code Publishers of Spencerport, New York for codification and supplementation of the , City Code. That contract was last renewed for a one-year term in -542- F� November 23, 1982 1981, with expiration on December 31, 1982. We have received an Addendum to this contract for Code services for the period ending December 31, 1983. Funds are budgeted in the City Clerk's office for codification and supplementation costs to keep the Code up to date. Ordinances on Second Reading were read by title by Wanda Krajicek, City Clerk. Item #9. Second Reading of Ordinances Relating to the Issuance of General Obligation Water Bonds in the aggregate principal amount of Councilmember Clarke made• a motion, seconded by Councilmember Reeves, to adopt and approve all items not removed from the Consent Calendar. Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Reeves, and Wilmarth. Nays: None. THE MOTION CARRIED. Ordinance Providing for the City's 1982 Consolidated Special Improvement Districts Special Assessment Bonds, Dated December 1, 1982, in the amount of $1,265,000, Adopted on Second Reading Following is the staff's memorandum on this item: "This Ordinance was adopted on First Reading on November 9. The Consoli- dated District's Bonds are made up of: (a) South Mason Street and Utility Improvement District No. 75 $ 431,000 (b) Street Improvement District No. 76 on West Horsetooth 51,000 (c) Boardwalk Special Improvement District No. 77 783,000 $1,265,000 " Councilmembers Reeves and Wilmarth asked the record to show they did not vote or participate in the discussion of this item. -543- November 23, 1982 ' Councilmember Elliott made a motion, seconded by Councilmember Clarke, to adopt Ordinance No. 138, 1982 on Second Reading. Yeas: Councilmembers Clarke, Elliott, Horak, and Knezovich. Nays: None. (Councilmembers Reeves and Wilmarth withdrawn) THE MOTION CARRIED. Ordinance Creating a Transient Vendor's License and Establishing Transient Vendor's License Fees, Adopted on First Reading Following is the staff's memorandum on this item: "Section 104-4 of the City Code provides that prior to engaging in the business of selling at retail, one must first obtain (at no charge to the individual) a sales tax license. Most vendors do comply with this Code section, however, it has recently come to the attention of the City staff that many transient vendors set up a business, conduct that business, and leave town prior to relinquishing sales tax monies to the City of Fort Collins. The attached ordinance has been drafted in response to this problem. In , short, this ordinance requires all transient vendors to purchase a short- term (30 day) license for a fee of $10.00. Before a license can be issued, the applicant must file a bond or other equivalent security in the amount of $250.00 with the Finance Director of the City of Fort Collins. This bond will serve to protect the interests of the City of Fort Collins in the event of a temporary vendors failure to comply with ordinances rela- tive to payment of retail sales tax receipts." Councilmember Elliott made a motion, seconded by Councilmember Reeves, to adopt Ordinance No. 152, 1982 on First Reading. Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Reeves, and Wilmarth. Nays: None. THE MOTION CARRIED. Resolution Making Appointments to Various Boards and Commissions. Adoo Following is the staff's memorandum on this item: "Vacancies exist on the Building Contractors Licensing Board, the Commis- sion on Disability, the Golf Board, the Human Relations Commission, the Liquor Licensing Authority, the Parking Commission, and Water Board. Council interview teams have met with the applicants and will make recom- mendations to the Council. - 544 - �i November 23, 1982 There is one vacancy on the Building Contractor's Licensing Board because of the resignation of Jack Giuliano. If Council decides to fill that vacancy with one of the alternates, another person will need to be ap- pointed to fill the vacancy for the alternate's position. Two vacancies exist on the Commission on Disability because of resignations from Alida Loinaz and Connie Brakken. A recent resignation from the Golf Board leaves one vacancy for the un- expired term of Sandy Bickel. The Human Relations Commission has two vacancies because of resignations received from Robbie Nayman and Joe Hernandez. There are three vacancies on the Liquor Licensing Authority because of the resignation of Carlos Seegmiller and Council's creation of two new posi- tions to increase the Authority's membership to seven. Four vacancies exist on the Parking Commission because of the resignation of Charles Peterson, and the poor attendance record of Miles Austin, ' and the expiration of terms for Gary Birdsell and Ray Dixon. Three vacancies exist on the Retirement Committee due to the resignation of Linda Pretz, Patricia Moore's ineligibility to serve on the Board since she now resides outside the Urban Growth Area, and the expired term of Debra McClurkin. There is one vacancy on the Water Board after the resignation of Charles Turner. Council needs to select persons to fill these vacancies for the terms listed on the attached Resolution." The following Council members gave reports on the suggestions of their interview teams: Councilmember Horak recommended Thomas Sanders, the current alternate, for appointment to the 'Water Board with a term expiring July 1, 1985. He also recommended the alternate's position not be filled at this time. Councilmember Reeves recommended William Sheahan, July 1, 1986; Charles Monaghan, July 1, 1984; and Robert Veazie, July 1, 1983; for appointment to the Liquor Licensing Authority. ' Councilmember Clarke recommended Barbara Kistler and Steven Slaton for the two terms of the Human Relations Commission to expire July 1, 1984. -545- November 23, 1982 ' In addition, he recommended the following for appointment to the Parking Commission: Robert Osterhout - July 1, 1984 Ed Horejs - July 1, 1985 Gary Birdsell - July 1, 1986 Jack Russell - July 1, 1986 Councilmember Wilmarth recommended George Holter, the present alternate, for appointment to the Building Contractors Licensing Board with a term expiring July 1, 1984. Ed F. Baldwin would then be recommended to become the new alternate with a term to expire July 1, 1983. Councilmember Elliott recommended John Drescher for appointment to the Golf Board with a term to expire July 1, 1985 and secondly, he recommended Rosalie Smith and Betty Pidcock be appointed to the Commission on Dis- ability with terms to expire July 1, 1983 and July 1, 1985, respectively. Councilmember Clarke recommended the following for appointment to the Retirement Committee: Angelina Powell - July 1, 1984 Debra McClurkin - July 1, 1985 ' Maralyn Mercer - July 1, 1986 Councilmember Clarke made a motion, seconded by Councilmember Reeves, to adopt the Resolution inserting the names as recommended by the interview teams. Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Reeves, and Wilmarth. Nays: None. THE MOTION CARRIED. Report Concerning Certification of Referendum Petition Regarding City Sales Tax Ordinance, Accepted Following is the staff's memorandum on this item: "On Tuesday, November 16th, the City Clerk's office received the attached referendum petition requesting that Ordinance No. 113, 1982, which estab- lished an additional 3/4% City sales tax, be repealed, or that the issue be placed on a ballot. The Election Board immediately began the process to verify the signatures on the petition. A minimum of 771 signatures of qualified electors (10% of the total ballots cast in the last General City Election) is required to I make any referendum petition valid. -546- November 23, 1982 A report will be made at this meeting concerning the number of signatures verified, which will determine the validity of the referendum petition." City Clerk Wanda Krajicek stated the Election Board had certified that at least the minimum requirement of 771 signatures appearing on the petition has been verified to be of qualified electors. . Assistant Mayor Knezovich thanked the Election Board for their efforts. Ordinances Relating to Repeal or Submission of Ordinance No. 113. 1982 Following is the staff's memorandum on this item: "A. Hearing and First Reading of Ordinance No. 153, 1982, Repealing Ordi- nance 113, 1982 which provides for the imposition of an additional seventy-five hundredths percent (.75%) Retail Sales and Use Tax. B. Hearing and First Reading of Ordinance No. 154, 1982, Providing ' for the Submission of a Referred Measure to a Vote of the Qualified Electors of the City. On November 15, 1982, petitions were delivered to the City Clerk. These petitions asked that the City Council repeal Ordinance No. 113, 1982, which imposes an additional seventy-five one -hundredths percent (.75%) retail sales and use tax or, in the alternative, refer the ordinance to a vote of the qualified electors of the City of Fort Collins at the March 8, 1983, election. The petitions have been verified and it is now up to the City Council to take one of two actions. The first option which the Council may choose to exercise is to adopt Ordinance No. 153, 1982 (item A) which would repeal Ordinance No. 113, 1982, in its entirety. If the Council chooses this option, the petition- ers' request would be satisfied and no further action would be required. If Council chooses not to adopt the first option, then pursuant to Article XVII, Section 3 of the City Charter, Council must refer Ordinance No. 113, 1982, to a vote of the qualified electors of the City. Adoption of Ordi- nance No. 154, 1982, (item B) will serve to meet this Charter requirement." Councilmember Wilmarth made a motion, seconded by Councilmember Horak, to adopt Ordinance No. 153, 1982 on First Reading. Councilmember Wilmarth pointed out a similar sales tax proposal by the ' County had been overwhelmingly voted down on November 2. He felt this was -547- November 23, 1982 a message that the City's proposed 3/44 tax would also be defeated in March. Therefore, Council needs to determine whether the City can live with the current tax or whether to come back with a modified proposal to raise the tax some amount less than 3/44. Elizabeth Cline, 2813 Sumac, one of to see what the City proposed before tax of a lesser amount that 3/4t. priate in 2-3 years. the petitioners, noted whe would have deciding whether she would support a She added that 3/4� might be appro- Bruce Lockhart, 615 Mathews, noted he was opposed to any amount of tax increase now and at any future time. He suggested the Southside Service Center project be cut from the list. Councilmember Reeves noted she favored the second ordinance placing the measure on the March ballot and noted there would be no extra costs assoc- iated with doing this. She added this was an opportunity to present a case for soundly financing the City's capital needs and determine whether the citizens would support it. Councilmember Clarke agreed with Councilmember Reeves noting that merely repealing the tax might be a violation of the spirit of the petition. He felt it was necessary to provide the citizens an opportunity to vote on the tax. Councilmember Horak stated he did not feel the real purpose of the petition drive was to be able to vote on the tax. The purpose was to repeal the tax. If the tax was not repealed, then the measure would go to the voters. The vote on Councilmember Wilmarth's motion to adopt Ordinance No. 153, 1982, on First Reading was as follows: Yeas: Councilmembers Horak and Wilmarth. Nays: Councilmembers Clarke, Elliott, Reeves, and Knezovich. THE MOTION FAILED. Councilmember Reeves made a motion, seconded by Councilmember Horak, to adopt Ordinance No. 154, 1982, on First Reading. Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Reeves, and Wilmarth. Nays: None. THE MOTION CARRIED. Resolution approving an intergovernmental agreement between the City and Larimer County regarding the development of Block 31, Adopted Following is the staff's memorandum on this item: -548- 1 I November 23, 1982 "In 1981, the County Commissioners and City Council began a program to acquire property within Block 31. The acquisition of this block was for the purpose of constructing a parking lot and possibly constructing governmental facilities. Several intergovernmental agreements have been executed in the past as properties in the block became available for purchase. This agreement sets forth the terms and conditions covering the financing, purchase, construction, and operation of the parking lot on Block 31." Councilmember Clarke made a motion, seconded by Councilmember Reeves, to adopt the Resolution. General Services Director Tom Frazier explained the terms of the inter- governmental agreement noting it set out operation, maintenance, and use provisions. Councilmember Knezovich encouraged other Councilmembers to vote no on this Resolution, stating he was not a believer in the future of Block 31. The vote on Councilmember Clarke's motion to adopt the Resolution was as follows: Yeas: Councilmembers Clarke, Elliott, Reeves, and Wilmarth. Nays: Councilmembers Horak and Knezovich. THE MOTION CARRIED. Ordinances Concerning the Block 31 Project, Adopted on Second Reading Following is the staff's memorandum on this item: "A. Second Reading of Ordinance No. 137, 1982, authorizing the issuance of Sales and Use Tax Revenue Bonds, dated December 1, 1982, in the aggre- gate principal amount of $1,215,000. B. Second Reading of Ordinance No. 140, 1982, Appropriating Bond Proceeds in the Capital Projects Fund. These two Ordinances were adopted on First Reading on November 9. The Sales and Use Tax Revenue bonds (A) are being issued at this time, instead of using interim financing, for the acquisition of parcels 12 and 10, and future activities due to market conditions and new I.R.S. regula- tions that go into effect January 1, 1983. ' The negotiated interest rate, to be paid, on the bonds will be provided prior to the Council meeting. -549- November 23, 1982 The appropriation ordinance (B) appropriates Sales and Use Tax Bond pro- ceeds in the Capital Projects Fund for the development of Block 31. The proceeds are allocated as follows: Block 31 Project Costs $1,030,000 Bond Issuance Costs 27,000 Appropriated in 1983 Budget for Block 31 (100,000) Total Appropriated in Ordinance $ 957,000 City Attorney Huisjen read in full an amendment proposed by bond counsel. The amendment would add a further Section L, entitled "Covenants and Representations Regarding Ordinance No. 113, 1982". Councilmember Clarke made a motion, seconded by Councilmember Reeves, to adopt Ordinance No. 137, 1982 as amended on Second Reading. Finance Director Ron Wood explained that the official statement used to sell the bonds made a reference to the 3/4� sales tax. For that reason staff felt the bonds needed to be sent back for rating by the rating agencies. That was done and the agencies have affirmed the A-1 and A+ ratings on the bonds. The vote on Councilmember Clarke's motion to adopt Ordinance No. 137, 1982, as amended on Second Reading as follows: Yeas: Councilmembers Clarke, Elliott, Knezovich, Reeves, and Wilmarth. Nays: Councilmember Horak. THE MOTION CARRIED. Councilmember Clarke made a motion, seconded by Councilmember Reeves, to adopt Ordinance No. 140, 1982 on Second Reading. Yeas: Councilmembers Clarke, Elliott, Knezovich, Reeves, and Wilmarth. Nays: Councilmember Horak. THE MOTION CARRIED. Proclamation Naming November 28 to December 4 as National Home Care Week will be delivered to the appropriate persons. Proclamation Naming December 6, 1982 as Holiday Project Day was accepted by John Stouffer who explained the purpose o the aorgnization was to visit persons confined to nursing homes and hospitals. -550- 1 1 November 23, 1982 Councilmembers' Reports Councilmember Clarke reported he had met with students from ASCSU to discuss the Transfort contract and that the contract will be coming to Council when staff completes their review. Councilmember Horak reported he had attended the CML by-laws committee. Other Business Councilmember Clarke stated that he would be attending the NLC meeting in Los Angeles and would be voting on issues coming before the group. He indicated that he would abstain from voting on the nuclear freeze proposal to carry forth the Council's opinion that this was not a proper area for local officials to be involved in. Councilmember Horak asked the City Attorney and City Manager to investigate what rights or restrictions the Council has with regard to advertising, brochures, etc., in support of the 3/4t sales tax issue that will appear on the March 8 ballot. Secondly, if it is determined that Council is able to prepare and distribute such advertising, what types of materials might be prepared. Staff will report back with that information. Adjournment Councilmember Horak made a motion, seconded by Councilmember Clarke, to adjourn the meeting. Yeas: Councilmembers Clarke, Elliott, Horak, Knezo- vich, Reeves and Wilmarth. Nays: None. THE MOTION CARRIED. The meeting adjourned at 6:45 p.m. ATTEST: I yL; I er -551- —.Qa2a��_ 04e,. . iyr_z