HomeMy WebLinkAboutMINUTES-10/20/1981-Regular1
October 20, 1981
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, October 20, 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, Clarke, Elliott, Horak, Knezovich, Reeves and
Wilmarth.
Absent: None
Staff Members Present: Arnold, Liley, Lanspery, Krajicek, Lewis, Wood.
Agenda Review: City Manager
Councilmember Reeves asked that Item # 19, Hearing and First Reading of
Ordinance No. 157. 1981_ Authorizina the Citv Manager to Enter into an
se of a
agenda.
e witnarawn
Councilmember Horak requested Item # 4, Consider approval of the minutes of
the regular meeting of October 6, 1981, and Item # 16, Second Reading of
Ordinance No. 149 1981 Providin for the Imposition of an Additional
Twentv-five Hundredths Percent 25% Retail Sales and Use Tax to be
ve January i, iytlz, and item # S1, Keso
e for the Lincoln Center. be removed from the
Councilmember Clarke requested Item # 20, Heari
Ordinance No. 158, 1981, Vacating A Portion Of A Ut
North Shore PUD, and Item # 26, Hearing and First R
ciDated Revenue in
, and item # V , Hearin
orizing the Transfer o
to the Capital Projects
and First Readinq of
g of urainance
e Revenue Sha
nce No. 165, 1
he Revenue Sha
Councilmember Cassell asked that Item # 28, Resolution Adopting the 1982
Budget for the Fort Collins -Loveland Airport, be removed.
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
431
October 20, 1981
approval of the Consent Calendar. Anyone may request an item on this
calendar be "pulled" off the Consent Calendar and considered separately.
4. Consider approval of the minutes of the regular meeting of October 6,
5.
N
nd Reading of Ordinance No. 132, 1981
ing Storm Sewe
This Ordinance was unanimously adopted on First Reading on October 6
which was the public hearing on the assessment of the district costs.
The district is generally bounded by South College Avenue, Horsetooth
Road, the C & S Railroad and Harmony Road.
Second Reading of Ordinance No. 133 1981 Amending Certain Sections
_._ „O ,.r aL. ,, r..a,. -. +k^ r;+.. ..F r,..+ fnl line 7nninn nrdi-
nance.
Staff recommends that this Ordinance be tabled on Second Reading to
November 3rd.
7. Second Reading of Ordinance No. 134 1981 Appropriating Unanticipated '
Revenue in the Community Development Block Grant Fund.
This Ordinance was unanimously adopted on First Reading on October 6
and appropriates the $26,000 additional program income and a $2,500
contribution from the Volunteers Clearing House in the Community
Development Block Grant Fund.
8. Second Readinq of Ordinance No. 137, 1981, Authorizing the Appointment
This Ordinance was adopted by a 6-1 vote on October 6 and authorizes
the appointment of two (2) alternate members to the Board.
9. Second Readin of Ordinance No. 138 1981, Settingthe Mill Lev for
the Downtown Deve opment Authority.
This Ordinance was unanimously adopted on First Reading on October 6
and sets the mill levy at five (5) mills.
10. Second Readinq of Ordinance No. 139, 1981, Creating an Energy Conser-
This Ordinance was unanimously adopted on First Reading on October 6 ,
and creates an Energy Conservation Fund for the purpose of segregating
432
October 20, 1981
energy costs and providing for centralized monitoring and measuring of
the City's energy usage.
11. Second Reading of Ordinance No. 141. 1981. Amendi
cou
This Ordinance was unanimously adopted on First Reading on October 6
and increases the telephone utility account tax from $.50 to $.65 in
conjunction with the 1982 Budget. Mountain Bell has been contacted
regarding this increase and they have agreed to implement the change
effective January 1, 1982. Increased revenue of $51,523 is projected
based on this adjustment.
12. Second Reading of Ordinance No. 143, 1981, Relating to Parkland Fees
and Increasing the Amount of Said Fees to $550 for 1982.
This Ordinance was unanimously adopted on First Reading on October 6
and increases the 1982 Parkland Fee to $550 per dwelling unit.
13. Second Reading of Ordinance No. 144 1981, Amending Section 114-75(A)
of the Citv Cnde Relatina to Traffic and Parkina Meter Rates.
This Ordinance was unanimously adopted on First Reading on October 6
and would implement rate increases for on -street parking meters
recommended in the 1982 budget.
14. Second Reading of Ordinance No. 145 1981, Relating to Electric Rates
for Service..
This Ordinance was unanimously adopted on First Reading on October 6
and implements rate adjustments to each customer class as follows:
RESIDENTIAL 12.6%
GENERAL SERVICE 18.7%
GENERAL SERVICE 50 22.1%
GENERAL SERVICE 500 18.5%
SPEC. AREA FLOODLIGHTING 22.1%
MUNICIPAL STREETLIGHTING 22.1%
TRAFFIC SIGNAL SERVICE 14.8%
15. Water and Sewer Rate Increases.
A. Second
Reading of Ordinance No.
146,
1981,
Amending Section 112
'
of the
Code Relating to Rates
for
Water
and Sewer Utility.
433
October 20, 1981 '
B. Second Reading of Ordinance No. 147, 1981, Amending Section 112
of the Code Relating to Sewer Plant Investment Fees.
C. Second Reading of Ordinance No. 148, 1981, Amending Section 112
of the Code Relating to Water Plant Investment Fees.
These Ordinances were unanimously adopted on First Reading on October
6 and provides that the existing water rates be increased 11 percent
and the existing sewer rates be increased 27 percent.
16. Second Readin of Ordinance No. 149 1981 Providingfor the Im osi-
tion of an Additional Twenty-five Hundredths Percent .2b% Retail
Sales and Use Tax to be Effective January 1. 1982.
This Ordinance was adopted on First Reading by a 6-1 vote on October 6
and implements the addition of the .25 of a 1¢ sales tax to our
existing 2% tax, making a total of 2.25%, effective January 1, 1982.
17. Second Reading of Ordinance No. 1501981, Appropriatin
Expenditures for the City of Fort Collins in 1982 and Sett
This Ordinance was unanimously adopted on First Reading on October 6 '
and appropriates the 1982 Annual Budget of $105,151,352 and sets the
mill levy at 10.7 mills.
18. Hearin
evenue.
)f Ordinance No. 156, 1981, Appropriati
This ordinance 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.
19. Hearing and First Reading of Ordinance No. 157 1981 Authorizing the
City Manager to Enter into an Agreement for the Lease/ Purchase of a
Trnnrhnr
The City of Fort Collins has received approval by the State of Colo-
rado Division of Highways (CDH) to provide the traffic signal work for
the expansion of the computerized traffic control system at approxi-
mately 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 this FAUS I
project.
434
I
October 20, 1981
20. Hearing and First Reading of Ordinance No. 158, 1981, VacatingA
Portion Of A_Utility Easement, Lot 47, North Shore PUD.
This 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.
21. Hearing and First Reading of Ordinance No. 159, 1981, Annexinq Pro -
on.
This 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.
22. Hearing and First Reading of
Known as Hermitage Annexation.
. 160, 1981, Zoni
This is a request to zone 5.84-acres known as the Hermitage Annexa-
tion, located south of Trilby Road and west of Highway 287. The
applicant is requesting B-P, Planned Business. Present zoning is
T-Tourist in the County.
23. Hearinq and First Readi
of Ordinance No. 161, 1981
)ital Projects Fund..
This Ordinance 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.
24. Hearing and First Reading of Ordinance No. 162, 1981, Amendi
Ordinance No. 46, 1981, Includinq Additional Property Into i
By letter and petition, all of the owners of the properties known as
110, 114, 118, 124, 128, 130 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
objectives of the Authority and, consequently, recommends the in-
clusion of the area in the DDA.
25. Hearing and First Reading of Ordinance No. 163 1981 Amending Section
99-6 of the Code of the City to Provide for the Collection of Funds
and Reimbursement to Developers Who Construct Streets Which Benefit
Adjacent Property Owners.
This ordinance institutes the following recommendations of the staff
435
October 20, 1981 ,
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 offsite with adequate
capacity to accommodate the projected traffic for the development.
Offsite 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 offsite streets as part
of the above requirement.
26. Hearing and First Reading of Ordinance No. 164, 1981, Appropriati
11nantirinated Revenue in the Revenue Sharing Fund.
This ordinance appropriates the $90,000 in the Revenue Sharing Fund '
for transfer to the Capital Projects Fund to fund the Ballfield
Lighting Conversion Project.
27. Hearing and First Reading of Ordinance No. 165 1981, Authorizing 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 authorizes the transfer and increases the total project
budget to $93,000.
28. Resolution Adopting the 1982 Budget for the Fort Collins -Loveland
Airport.
This Resolution adopts the 1982 budget for the Fort Collins -Loveland
Airport.
29. Resolution Adopting Revised Fort Collins Light and Power Utility
Electric Service Rules and Regulations.
Changes in the City's Electric Service Rules and Regulations need to
be made because of the new PRPA agreement that allows PRPA to purchase '
436
1 October 20, 1981
electrical energy from a Qualifying Parallel Generation or Small
Production Facility.
30. Resolution Awarding the Utilities Contract for South Mason Street and
Utility Improvement District No. 75.
Staff recommends awarding the contract to Stewart's Excavating, Inc.,
the low bidder.
31. Resolution Approving a Rate Schedule for the Lincoln Center.
To recover a greater percentage of expenses a rate increase is pro-
posed as follows:
13% across the board increase for non-profit users.
17% across the board increase for commercial users.
This additional rate hike should increase our revenues by approxi-
mately $7,000 in 1982.
' 32. Resolution Adopting 1982 Fees and Charges for Municipal Cemeteries.
The 1982 Cemetery Fees and Charges schedule fulfills the budgetary
needs, as well as more fairly and logically aligns the various fees in
relation to each other and the projected actual cost of the service
being delivered. Generally speaking, grave space costs will be
increased 10% in 1982, and miscellaneous fees will increase from 10%
to 50% or more, with some decreasing and some remaining the same as in
1981, depending on the individual service item.
33. Appeal from the Building Board of Appeals - 1100 E. Elizabeth.
The petitioner has withdrawn the appeal and an affirmative vote on
this item wi11 terminate the appeal.
34. Routine Deeds and Easements.
A. Warranty Deed Easement from the First Baptist Church of Fort
Collins for part of the Spring Creek Trail System, located north
of Stuart between Lemay and Stover. This property contains 0.1520
acre.and is being donated to the City.
B. Grant of Easement from David J. Pickelner for a portion of the
Spring Creek Trail System, also located north of Stuart between
Lemay and Stover. This easement contains 0.1062 acre and is being
acquired for a consideration of $3,717.
437
October 20, 1981
C. Warranty Deed Easement from Augusta McCrummen for part of the
Spring Creek Trail System, located north of Stuart between Lemay
and Stover. This property contains .1523 acre and is being
acquired for a consideration of $5,330. With this easement and
the easements from First Baptist Church and David Pickelner, the
City has now acquired 13 of the 14 parcels needed in this section
of the Spring Creek Trail System.
D. Resolution approving a crossing agreement with the Union Pacific
Railroad to allow construction of an electrical duct bank under
the railroad right-of-way south of East Prospect Street. This
agreement replaces one approved by Council in July covering an
encroachment that is no longer needed because of the acquisition
of an easement across other property at less cost to the City.
The original five-year agreement with the Union Pacific would have
cost the City $627.50, but the new crossing agreement involves
only a $100 preparation fee and a one-time crossing permit fee of
$150.
Ordinances on Second Reading were read by title by Wanda-Krajicek, City
Clerk.
Item # 5. Second Reading of Ordinance No. 132 1981 Assessing Storm Sewer
Improvement District # 17.
Item # 6. Second Reading of Ordinance No. ndi 133 1981, Ameng Certain
Sections of Chapter 118 of the Code of the City of Fort Collins
Zoning Ordinance.
Item # 7. Second Reading of Ordinance No._134, 1981, Appropriating
Item # 8. Second Reading of Ordinance No. 137, 1981, Authorizing the
Appointment of Alternate Members to the Storm Drainage Board.
Item # 9. Second Reading of Ordinance No. 138, 1981, Setting the Mill
Item #10. Second Reading of Ordinance No. 139, 1981, Creating an Energy
Conservation Fund.
Item #11. Second Reading of Ordinan(
105-1 of the City Code Pro
es of b.
M
No. 141, 1981, Amending Section
ing for a Tax'on Telephone Utili-
it
1
Item #12. Second
Fees a
ding of Ordi
ncreasing t
October 20, 1981
No. 143, 1981, Relatin to Parkland
)unt of Said Fees to 550 for 1982.
Item #13. Second Reading of Ordinance No. 144 1981 Amending Section
114-75 A of the City Code Relating to Traffic and Parking Meter
Rates.
Item #14. Second Reading of Ordinance No. 145, 1981, Relating to Electric
Rates for Service.
Item #15A. Second Reading of Ordinance No. 146, 1981, Amending Section
112 of the Code Relating to Rates for Water and Sewer Utility.
Item #15B. Second Reading of Ordinance No. 147, 1981, Amending Section 112
of the Code Relating to Sewer Plant Investment Fees.
Item #15C. Second Reading of Ordinance No..148, 1981, Amending Section 112
of the Code Relating to Water Plant Investment Fees.
Item #16. Second Reading of Ordinance No. 149, 1981, Providing for the
Im osition of an Additional Twenty-five Hundredths Percent
.25% Retail Sales and Use Tax to be Effective January 1.
Item #.17. Second Readinq of Ordinance No. 150. 1981. Aonrooriatinq the
Annual Expenditures for the City of Fort Collins in 1982 and
Setting the Mill Levy for Said Fiscal Year.
Ordinances on First Reading were read by title by Wanda Krajicek, City
Clerk.
Item #18. Hearing and First Reading of Ordinance No. 156, 1981, Appro-
priating Unanticipated Revenue.
Item #19. Hearing and First Reading of Ordinance No. 157, 1981, Author-
izing the City f4anager to Enter into an Agreement for the Lease/
Purchase of a Trencher.
Item #20. Hearing and First Reading -of Ordinance No. 158, 1981, Vacating A
Portion Of A Utility Easement, Lot 47, North Shore PUO.
Item #21. Hearing and First Reading of Ordinance No. 159, 1981, Annexing
Property Known as HTrmitag�ion.
Item #22. Hearing and First Reading of Ordinance No. 160. 1981. Zoninq
as Hermitaqe Annexation.
439
Item #23. Hearing and First Reading of Ordinance
priating Park Bond Proceeds in the Ce
October 20, 1981 '
161, 1981, Appro-
Proiects Fund.
Item #24. Hearing and First Reading of Ordinance No. 162, 1981, Amendi
Ordinance No. 46 1981 Including Additional Property Into 7
Downtown Development Authority.
Item #25. Hearinq and First Reading of Ordinance No. 163 1981 Amending
Section 99-6 of the Code of the City to Provide for the Collec-
tion of Funds and Reimbursement to Developers Who Construct
Streets Which Benefit Adjacent Property Owners.
Item #26. Hearing and First Reading of Ordinance No. 164, 1981, Appro-
priating Unanticipated Revenue in the Revenue Sharing Fund.
Item #27. Hearing and First Reading of Ordinance No. 165 1981, Author-
izing the Transfer of Appropriated Amounts from the Revenue
Sharing Fund to the Capital Projects Fund.
Councilmember Reeves made a motion, seconded by Councilmember Clarke,
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.
Minutes of the Regular Meeting of
October 6, Approved as Amended
Councilmember Horak asked that the minutes of October 6 be amended on page
407 to reflect his vote as "neither" rather than "either".
Councilmember Knezovich made a motion, seconded by Councilmember Reeves,
to approve the minutes of October 6 as amended on page 407. Yeas: Council -
members Cassell, Clarke, Elliott, Horak, Knezovich, Reeves and Wilmarth.
Nays: None.
THE MOTION CARRIED.
Ordinance Providing for the Imposition of
an Additional Twenty-five Hundredths Percent
(.25%) Retail Sales and Use Tax to be Effective
January 1 1982 Adopted as Amended on Second Reading
Following is the City Manager's memorandum on this item:
440
October 20, 1981
"This Ordinance was adopted on First Reading by a 6-1 vote on October 6 and
implements the addition of the .25 of a 1¢ sales tax to our existing 2%
tax, making a total of 2.25%, effective January 1, 1982."
Councilmenber Horak stated that he felt a tax increase at this time was
neither needed or required given the current state of the economy.
City Attorney Liley noted the ordinance would need an amendment to reflect
the Council's intent that the additional .25 of 1¢ be earmarked to provide
the financing for the City's existing and projected capital requirements.
She read the amendment in full.
Councilmember Reeves made a motion, seconded by Councilmember Elliott, to
amend Ordinance No. 149, 1981, on Second Reading as stated by the City
Attorney. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich,
Reeves and Wilmarth. Nays: None.
THE MOTION CARRIED.
' Councilmember Cassell made a motion, seconded by Councilmember Clarke,
to adopt Ordinance No. 149, 1981 as amended on Second Reading. Yeas:
Councilmembers Cassell, Clarke, Elliott, Knezovich, Reeves and Wilmarth.
Nays: Councilmember Horak.
THE MOTION CARRIED.
Ordinance Authorizing the City Manager to Enter
into an Agreement for the Lease/Purchase of a
Trencher, Adopted as Amended
Following is the City Manager's memorandum on this item:
"The City of Fort Collins has
Division of Highways (CDH) to
expansion of the computerized
locations and upgrading several
System (FAUS) funding. Cost
imbursable by the state using tl
received approval by the State of Colorado
provide the traffic signal work for the
traffic control system at approximately 27
local intersections with Federal Aid Urban
for all materials purchased will be re-
ie federal funds.
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 this FAUS project. By lease/
purchasing this machine we will be able to begin work on schedule and
proceed to collect payment from the CDH on the hourly expenses for this
441
machine. Since such costs
as opposed to renting it, we
of the cost of the trencher
available for other projects.
October 20, 1981
are reimbursable if we possess the trencher
will be able to pay for a significant amount
through this project as well as having it
Merit Financial Corporation was contacted to provide a lease/purchase
agreement for quarterly payments. No other companies were contacted
because of the small dollar of the lease/purchase and because of the
current lease/purchase agreement with Merit covering approximately
$750,000 of equipment. Interest rates have not yet been determined but
will be available by meeting time.
Funds are available for the lease/purchase payments for the remainder of
1981."
Councilmember Reeves made a motion, seconded by Councilmember Knezovich,
to adopt Ordinance No. 157, 1981, on First Reading amending it by inserting
the 13.449% interest rate, the purchase price of $21,031.45 and reflecting
the 3-year lease date of 1984. Yeas: Councilmembers Cassell, Clarke,
Elliott, Horak, Knezovich, Reeves and Wilmarth. Nays: None.
THE MOTION CARRIED.
Ordinance Vacating A Portion Of A Utility Easement,
Lot 47, North Shore PUD, Adopted on First Reading_
Following is the City Manager's memorandum on this item:
"The applicant, the owner of the property, is requesting 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. The staff has reviewed the request and is recommending ap-
proval."
Councilmember Clarke expressed his concern about the effect this vacation
would have on the neighborhood.
Gretchen Snowden, 1021 Sailors Reef, explained that the title to her
property was incorrect and the vacation only affects her property and her
neighbor's. The cement slab of her patio encroaches 2'9" into the easement
and that is the reason for her request.
Councilmember Clarke made a motion, seconded by Councilmember Cassell,
to adopt Ordinance No. 158, 1981 on First Reading. Yeas: Councilmembers
442
I
1
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October 20, 1981
Cassell, Clarke, Elliott, Horak, Knezovich, Reeves and Wilmarth. Nays:
None.
THE MOTION CARRIED.
Ordinance Adopted on First Reading Appropriating
Unanticipated Revenue in the Revenue Sharing Fund
Following is the City Manager's memorandum on this item:
"Ordinance No. 110, 1981 (passed on Second Reading Sept. 15, 1981) appro-
priated $3,000 in the Revenue Sharing Fund for the design of the ballfield
lighting conversion project. At that time, the total estimated cost for
the project was $75,000.
Based on the completed design, the total estimated cost for the project has
been revised to $90,000 (see attached memo). Even at the increased cost
estimate, the conversion is a valuable energy savings program and staff
recommends proceeding with the project. We are now requesting an appro-
priation for the actual conversion.
As shown on the attached Comparative Budget Statement, we received more
Revenue Sharing Funds in 1981 than was originally anticipated and these
funds are available to use for the ballfield conversion project. The
recommendation to use Revenue Sharing Funds for this project is consistent
with the City's policy of using Revenue Sharing Funds for onetime expen-
ditures.
This ordinance appropriates the $90,000 in the Revenue Sharing Fund for
transfer to the Capital Projects Fund."
Councilmember Clarke questioned the foot-candle ratings of the lights and
whether the costs should be defined a little closer before the appro-
priation is made.
Deputy City Manager Paul Lanspery replied that the City couldn't go out to
bid until the funds are allocated. If the bid comes in lower than $90,000,
the funds will be reimbursed to the fund balance.
Councilmember Clarke made a motion, seconded by Councilmember Reeves,
to adopt Ordinance No. 164, 1981 on First Reading. Yeas: Councilmembers
Cassell, Clarke, Elliott, Horak, Knezovich, Reeves and Wilmarth. Nays:
None.
THE MOTION CARRIED.
443
October 20, 1981
Ordinance Adopted on First Reading Authorizing the
Transfer of Appropriated Amounts from the Revenue Sharing
Fund to the Capital Pro.ects Fund
Following is the City Manager's memorandum on this item:
"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 authorizes the transfer and increases the total project
budget to $93,000. (Please refer to the previous agenda item for specific
project information.)"
Councilmember Clarke noted his concerns had been satisfied on this item.
Councilmember Clarke made a motion, seconded by Councilmember Cassell,
to adopt Ordinance No. 165, 1981 on First Reading. Yeas: Councilmembers
Cassell, Clarke, Elliott, Horak, Knezovich, Reeves and Wilmarth. Nays:
None.
THE MOTION CARRIED.
Resolution Adopting the 1982 Budget for
the Fort Collins -Loveland Airport, Adopted
Following is the.City Manager's memorandum on this item:
"This Resolution adopts the 1982 budget for the Fort Collins -Loveland
Airport. The 1982 budget includes:
$120,246
4,000
983,124
$1,107,370
and expenditures of:
$ 53,682
824,100
175,000
$1,052,782
Operating Revenue
Interest Income
Prior Year Reserves
Total Resources
Operating Expenses
Capital Expense
Transfer to Debt Service
Total Expenditures
444
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October 20, 1981
The same budget will be submitted to Loveland and adoption will not be
enacted until both cities approve it."
Councilmember Cassell asked how realistic the figures relating to increased
income and decreased expenses in the fund statement were.
Councilmember Reeves responded that with the new F.B.O. the airport should
be in a much better position next year. The new agreement with the F.B.O.
should produce the revenue projected.
Councilmember Knezovich asked why no interest expense was shown in 1982.
He noted the recent bond anticipation notes would bear interest and would
somehow have to be accounted for.
Controller Jim Harmon replied that there was a $175,000 transfer to debt
service to cover the interest on the notes.
Councilmember Cassell made a motion, seconded by Councilmember Reeves,
to adopt the Resolution. Yeas: Councilmembers Cassell, Clarke, Elliott,
Horak, Reeves and Wilmarth. Nays: Councilmember Knezovich.
THE MOTION CARRIED.
Resolution Approving a Rate Schedule for the Lincoln Center,
Adopted
Following is the City Manager's memorandum on this item:
"The original projections for 1982 are based on actual revenues received
through June, 1981. The 1982 revenues reflected a 10% increase based on an
across the board rate increase of 10% and additional usage. The rate hike
will not affect signed contracts for 1982 and therefore, we can only
project a 10% revenue increase.
To recover a greater percentage of expenses over the original projection,
we are proposing a rate increase as follows:
13% across the board increase for non-profit users.
17% across the board increase for commercial users.
This additional rate hike should increase our revenues by approximately
$7,000 in 1982. These are conservative estimates because the center is
still growing.
445
October 20, 1981 '
In addition, we are proposing a user fee for excessive electrical demand in
the Performance Hall, Exhibit Hall, Canyon West, Columbine and Ludlow
Rooms. Also, a charge to commercial users who want to use the Performance
Hall sound system is proposed. Lastly, we have increased backstage labor
rates to offset rising personnel costs.
Because this is the first year for some of these charges, we feel that
$2,000 is a fair estimate for these additional fees. In summation, these
proposed changes should increase our original 1982 revenue projections by
at least $9,000.
The Cultural Resources Board and the Lincoln Center League have reviewed
the additional rental rate increases and have indicated their support."
Councilmember Horak asked if the Cultural Resources Board and the Lincoln
Center League had reviewed the rate increases before or after the discus-
sion on the seat tax.
Dave Seiver, Arts Facility Manager, replied they had been reviewed prior to
the work session with Council.
Mike Griffith of the Cultural Resources Board stated the Board had discus-
sed the rate increase as well as the 10% seat tax and the Board had recom-
mended the rate increases go into effect but not the 10% seat tax. Alter-
natives need to be explored for that revenue.
Councilmember Reeves noted that at the work session the Cultural Resources
Board had expressed the desire to seek other means to raise the revenue
coming in to 50% of the operating costs. If by June or earlier the Board
has not come up with any alternate funding mechanism, the Council will
have to again consider the seat tax.
Councilmember Clarke noted that even with the additional revenue, the
percentage of operating costs recovered would only be 44%. The 50% figure
would be reached over a several year period, by 1985.
Mayor Wilmarth stated that he planned to write a letter to the Cultural
Resources Board on behalf of the Council indicating that although Council
was not implementing a seat tax at this time, Council was asking the
Board's cooperation in seeking alternative sources of revenue. If the
revenue was not raised by these alternate sources, Council's consensus
might be to take a second look at the seat tax.
Councilmember Clarke made a motion, seconded by Councilmember Cassell,
to adopt the Resolution. Yeas: Councilmembers Cassell, Clarke, Elliott,
Horak, Knezovich, Reeves and Wilmarth. Nays: -None.
446
1
1
October 20, 1981
THE MOTION CARRIED.
Ordinances Annexing and Zoning Trilby Heights
Fourth Annexation, Adopted on Second Reading
Following is the City Manager's memorandum on this item:
"A. Ordinance No. 116, 1981, Annexing Property Known as Trilby Heights
Fourth Annexation.
B. Ordinance No. 126, 1981, Zoning Property Known as Trilby Heights
Fourth Annexation.
Ordinance No. 116, 1981, was unanimously adopted on First Reading on
September 8 and Ordinance No. 126, 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 second in a series of 3 Trilby Heights Annexa-
tions that are being redone as a result of the exclusion of the owner-
ship interest of Poudre Valley R.E.A. from the Trilby Heights Third Annexa-
tion. The Second Readings of the Ordinances annexing and zoning the Trilby
Heights Fifth Annexation will be presented on November 3."
Councilmember Clarke asked the record show he did not vote or participate
in the discussion of Ordinance Nos. 116 and 126.
Councilmember Reeves made a motion,
to adopt Ordinance No. 116, 1981 on
Cassell, Elliott, Horak, Knezovich,
(Clarke withdrawn).
THE MOTION CARRIED.
seconded by Councilmember Knezovich,
Second Reading. Yeas: Councilmembers
Reeves and Wilmarth. Nays: None.
Councilmember Cassell made a motion, seconded by Councilmember Elliott,
to adopt Ordinance No. 126,. 1981 on Second Reading. Yeas: Councilmembers
Cassell, Elliott, Horak, Knezovich, Reeves and Wilmarth. Nays: None.
(Clarke withdrawn).
THE MOTION CARRIED.
Ordinance Amending Chapter 33 of the Code of the
City of Fort Collins Relating to Alcoholic
Beverages, Tabled to November 3
Following is the City Manager's memorandum on this item:
447
October 20, 1981
"This Ordinance was adopted on First Reading by a 6-0 vote on October 6 and
adjusts the Beer and Liquor Occupation Taxes as follows:
1981
1982
FEE
FEE
Wine & Beer
$400
$500
Club
$500
$625
Retail Liquor
$500
$625
Hotel -Restaurant
$1,500
$1,875
Beer
$400
$500"
Mayor Wilmarth asked the record show he did not vote or participate in the
discussion of this Ordinance.
Councilmember Horak asked the rationale for.the wide difference between the
Hotel -Restaurant and the other establishments.
City Manager Arnold replied that he had not researched the minutes or files
to determine the reasons for the difference but perhaps the size of the
business and their ability to pay had entered into the reason.
John Dowd, 2019 Constitution, representing the Wine Cellar Restaurant,
spoke in opposition to the increase in this tax and asked that the rate
structure be reviewed.
Councilmember Clarke pointed out the various indirect costs that were
involved in liquor enforcement, noting he felt the costs were much higher
when all liquor related accidents, arrests, court costs, etc. were con-
sidered.
Councilmember Knezovich expressed concern that the tax rate was equitable.
Councilmember Knezovich made a motion, seconded by Councilmember Clarke,
to table Ordinance No. 140, 1981 on Second Reading until November 3 to look
at a more equitable distribution of the tax rate. Yeas: Councilmembers
Cassell, Clarke, Elliott, Horak, Knezovich and Reeves. Nays: None.
(Wilmarth withdrawn).
THE MOTION CARRIED.
Ordinances Relating to Licensed Occupations
Following is the City Manager's memorandum on this item:
MM.
11
1
October 20, 1981
It
A. Second Reading of Ordinance No. 151, 1981, Amending the Code
Relating to Alarm Business Permits and Licenses.
B. Second Reading of Ordinance No. 152, 1981, Amending the Code
Relating to Licenses Issued by the City Forester.
C. Second Reading of Ordinance No. 153, 1981, Amending the Code
Relating to Miscellaneous and Amusement Licenses.
These Ordinances were adopted on First Reading on October 6 and change
the classifications of miscellaneous and amusement licenses to Busi-
ness License - Class 1 and Business License - Class II, respectively,
to provide equity in our fee structure."
Mayor Wilmarth asked the record show he did not vote or participate in the
discussion of Ordinance No. 153, 1981.
Councilmember Cassell made a motion, seconded by Councilmember Clarke,
to adopt Ordinance No. 151, 1981 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 Elliott,
to adopt Ordinance No. 152, 1981 on Second Reading. Yeas: Councilmembers
Cassell, Clarke, Elliott, Horak, Knezovich, Reeves and Wilmarth. Nays:
None.
THE MOTION CARRIED.
Councilmember Reeves made a motion, seconded by Councilmember Elliott,
to adopt Ordinance No. 153, 1981 on Second Reading. Yeas: Councilmembers
Cassell, Clarke, Elliott, Horak, Knezovich and Reeves. Nays: None.
(Wilmarth withdrawn).
THE MOTION CARRIED.
Ordinance Establishing Limitations Regarding Campaign
Contributions, Denied on Second Reading
Following is the City. Manager's memorandum on this item:
"This
Ordinance
was adopted on First
Reading by
a
5-2 vote on
October 6
and
states
that no
person or entity may
contribute
an
amount in
excess of
$100
October 20, 1981 '
in support of or in opposition to any initiative, referendum or candidate
on the ballot at any City election."
Councilmember Horak stated he felt passing this ordinance with no enforce-
ment provisions was the same as passing no law at all.
Councilmenber Reeves noted that she favored the original ordinance as it
contained enforcement and reporting requirements.
Councilmember Cassell disagreed noting the new ordinance contains the exact
ballot language and adding that the public did not ask for a campaign
reform act but a contribution limitation.
Councilmember Horak made a motion to amend Ordinance No. 154, 1981, on
Second Reading by adding Section 9-19 from the previous ordinance relating
to penalties and enforcement.
The motion died for lack of a second.
Councilmember Cassell made a motion, seconded by Councilmember Clarke,
to adopt Ordinance No. 154, 1981 on Second Reading. Yeas: Councilmembers
Cassell, Clarke and Wilmarth. Nays: Councilmembers Elliott, Horak,
Knezovich and Reeves.
THE MOTION FAILED.
Secretary's note: See reconsideration of this ordinance on page 456.
Resolution Appointing an Alternate Member of
the Landmark Preservation Commission
Following is the City Manager's memorandum on this item:
"A vacancy exists for an alternate position on the Landmark Preservation
Commission because of the resignation of Philip Friedman. An appointment
needs to be made to fill this vacancy for a term to expire on July 1,
1983.
Applications for this position on the Landmark Preservation Commission have
been sent to Council under separate cover."
Councilmember Clarke noted his committee had interviewed applicants for
this position and their recommendation was that Laurel Zitowitz be ap-
pointed as an alternate member to the Landmark Preservation Commission.
450
October 20, 1981
Councilmember Clarke made a motion, seconded by Councilmember Elliott,
to adopt the Resolution making the appointment of Laurel Zitowitz as an
alternate member to the Landmark Preservation Commission. Yeas: Council -
members Cassell, Clarke, Elliott, Horak, Knezovich, Reeves and Wilmarth.
Nays: None.
THE MOTION CARRIED.
Ordinance Creating a Commission on Disability,
Adopted as Amended on First Readinq
Following is the City Manager's memorandum on this item:
"This Ordinance 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 for the following reasons:
0 The Handicapped Advisory Committee is ready to be recognized as an
advisory body with equal standing to other City Boards and Commis-
sions.
0 The Committee has proven itself to be capable of providing sound
advice to City departments on disability issues.
0 The Committee is capable and desirous of acting independently of the
Human Relations Commission and has done so for three years.
At the present time the Handicapped Advisory Committee receives clerical
support and staff support from the Employee Development Department. They
also receive monetary support in terms of mailing of agendas. No new
expenses are expected to be added with this change in status.
At their October 12 regular meeting, the Handicapped Advisory Committee
voted unanimously to support the Ordinance as drawn. The current members
are also aware that the City Council may take applications and interview
for membership on the new commission and that they may not all be ap-
pointed.
. The Handicapped Advisory Committee members plan to attend this evening's
Council meeting."
451
October 20, 1981
Rosemary Crestin, 4308 Never Summer Circle, Chairman of the Handicapped
Advisory Committee, spoke on the views of her committee with regard to the
change in status of the group.
Councilmember Knezovich expressed his opposition to continued growth in
government with the expansion of the boards and commissions and stated his
intent to vote against the ordinance.
Councilmember Horak made a motion, seconded by Councilmember Cassell, to
amend the ordinance in Section 2-20 to read "Residency in the Urban Growth
Area is required." Yeas: Councilmembers Cassell, Clarke, Elliott, Horak,
Knezovich, Reeves and Wilmarth. Nays: None.
THE MOTION CARRIED.
Councilmember Elliott made a motion, seconded by Councilmember Clarke,
to adopt Ordinance No. 166, 1981 as amended on First Reading. Yeas:
Council members Cassell, Clarke, Elliott, Horak, Reeves and Wilmarth.
Nays: Councilmember Knezovich.
THE MOTION CARRIED.
Resolution Adopting the Financial and Management
Policies Relating to the 1982 Budget
Following is the City Manager's memorandum on this item:
"This Resolution was discussed on October 6th and tabled to October 20th
for additional review and approval. Council also discussed the proposed
policies at length at the work session of October 13th. Revisions to the
policies have been made based on the comments at that work session and a
new policy regarding rebate programs has been added.
The Recommended 1982 Budget included twenty-three (23) financial and
management policies used in the development of the 1982 Budget. This
resolution formally adopts these policies with the following changes.
0 Sales Tax Distribution Policy - revised to reflect the addition of
.25 of a 1¢ Sales Tax.
0 Debt Policy - Tables of current debt have been updated as of
September 30, 1981, and revisions to proposed debt incorporated.
0 Revenue Policy - revised to delete the Real Estate Transfer
Tax and work towards diversification in the next two (2) years.
452
IOctober 20, 1981
0 Enterprise Fund Policy - revised to reflect the continuance
of Transfort user fees.
0 Transfort Policy - revised based upon financing changes and revised
schedule for implementation of the Quality Transfort System.
0 Revenue Sharing Policy - added to formalize the policy as pre-
viously approved by City Council.
0 Rebate Program Policy - added to formalize City policies regarding
rebate programs."
Councilmember Elliott noted the sections of this Resolution relating to
beer and liquor occupation tax would need to be deleted because of Coun-
cil's earlier action to table consideration of the ordinance that would
have adopted those taxes.
Councilmember Reeves made a motion, seconded by Councilmember Clarke,
to adopt the Resolution.
Councilmember Elliott made a motion, seconded by Councilmember Reeves,
to amend the Resolution by deleting the top section of Table B-3 on page 15
and also the reference to beer and liquor occupation taxes on page 14.
Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich and Reeves.
Nays: None.(Wilmarth withdrawn).
THE MOTION CARRIED.
Councilmember Horak made a motion to change the percentage of return for
the Lincoln Center on page 17 from 44% to 38.5%.
The motion died for lack of a second.
Councilmember Horak made a motion to amend the Resolution to lower the
recreation fee policy percentage to be consistent with the cultural re-
sources policies (44%).
The motion died for lack of a second.
Councilmember Knezovich made a motion, seconded by. Councilmember Horak,
to amend the Resolution on page 5 by putting the word "unknown" rather than
definitive percentages in the years 1984-86. Yeas: Councilmembers Horak,
Knezovich and Wilmarth. Nays: Councilmembers Cassell, Clarke, Elliott and
Reeves.
THE MOTION FAILED.
453
October 20, 1981 1
Councilmember Knezovich made a motion, seconded by Councilmember Horak,
to amend the Resolution on page 19 dealing with Transfort to make the
second figure read "user fees (non - C.S.U.) - $75,000" and to change in
the "Action" section the word "would" to "could". Yeas: Councilmembers
Cassell, Clarke, Elliott, Horak, Knezovich, Reeves and Wilmarth. Nays:
None.
THE MOTION CARRIED.
The vote on Councilmember Reeves' original motion to adopt the Resolution
as amended was as follows:
Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich and Reeves.
Nays: Councilmember Wilmarth.
THE MOTION CARRIED.
Resolution Adopting the Fort Collins City Council
Policy Statement on Ethics, Adopted as Amended
Following is the City Manager's memorandum on this item:
"The Policy Statement on Ethics has been discussed at two recent work
sessions. The consensus was to adopt the Statement by Resolution and
incorporate provisions for a Board of Ethics comprised of three Coun-
cilmembers. The attached Resolution accomplishes this.
The Ethics Board could be used for the purposes set out in the Resolution
at Council's discretion."
Councilmember Horak made a motion, seconded by Councilmember Knezovich,
to amend the Resolution by deleting the last sentence of the first para-
graph of Section 2 referring to two additional outside members to be
selected by the Council. Yeas: Councilmembers Cassell, Clarke, Elliott,
Horak, Knezovich, Reeves and Wilmarth. Nays: None.
THE MOTION CARRIED.
Councilmember Clarke made a motion, seconded by Councilmember Knezovich,
to adopt the Resolution as amended. Yeas: Councilmembers Cassell, Clarke,
Elliott, Horak, Knezovich, Reeves and Wilmarth. Nays: None.
THE MOTION CARRIED.
454
1
October 20, 1981
City Attorney's Report
City Attorney Liley noted a new appeals procedure for the Land Development
Guidance System would be discussed with the Planning and Zoning Board at
their next meeting and brought to the work session of October 27th.
City Manager's Report
A. City Energy Award
City Manager Arnold presented the Mayor and Council with an award to the
City from the ICMA for our energy conservation program.
Councilmembers' Resorts
Councilmember Reeves reported that the Poudre Fire Authority, at their next
meeting on October 27, would be looking at the consolidation agreements and
would be making a recommendation to Council and the District very soon.
Councilmember Knezovich reported on the Downtown Development Authority
Director selection process, noting he hoped a selection would be made later
in the week. He noted that Ted Will had resigned from the Downtown De-
velopment Authority and asked for guidance on how the position would be
filled. Consensus was to advertise for the position and that Council -
members Horak and Clarke would interview the applicants.
Councilmember Horak reported on his tour of the northern district's fa-
cilities and noted the first meeting of the COG Metropolitan Planning
Organization for transportation would be on November 5.
Councilmember Clarke reported on the Transfort/Care-A-Van consolidation
negotiations adding there was a target date of December 1 to draft a
contract.
Councilmember Cassell noted he had attended the hearing in Denver before
the budget appeal group with the School Board personnel and that he was
optimistic that their request for additional funds would be granted.
Mayor Wilmarth reported he would be meeting later that evening with the
artist Christo relative to a project Christo is proposing in the Fort
Collins area.
455
October 20, 1981
Other Business
Councilmember Elliott made a motion, seconded by Councilmember Cassell, to
reconsider Ordinance No. 154, 1981, regarding campaign contributions.
Councilmember Knezovich questioned whether the motion to reconsider was in
order.
Mayor Wilmarth ruled that the motion was in order since Councilmember
Elliott was from the prevailing side in the original vote and had expressed
a desire to change his vote.
The vote on Councilmember Elliott's motion to reconsider was as follows:
Yeas: Councilmembers Cassell, Clarke, Elliott and Wilmarth
Nays: Councilmembers Horak and Reeves (Knezovich out of room).
THE MOTION CARRIED.
Councilmember Elliott made a motion, seconded by Councilmember Cassell,
to adopt Ordinance No. 154, 1981, on Second Reading.
Councilmember Horak made a motion, seconded by Councilmember Reeves,
to amend the ordinance by adding Section 9-19 of the original ordinance
relating to enforcement provisions. Yeas: Councilmembers Horak and Reeves.
Nays: Councilmembers Cassell, Clarke, Elliott and Wilmarth (Knezovich out
of room).
THE MOTION FAILED.
The vote on Councilmember Elliott's motion to adopt Ordinance No. 154,
1981, on Second Reading was as follows:
Yeas: Councilmembers Cassell, Clarke, Elliott and Wilmarth.
Nays: Councilmembers Horak and Reeves (Knezovich out of room).
THE MOTION CARRIED.
Councilmember Knezovich asked the City Attorney to research the legality
and validity of the motion to reconsider Ordinance No. 154, 1981.
Adjournment
Councilmember Reeves made a motion, seconded by Councilmember Elliott,
to adjourn the meeting. Yeas: Councilmembers Cassell, Clarke, Elliott,
456
1
1
0
1
Horak, Knezovich, Reeves and Wilmarth. Nays: None.
The meeting adjourned at 9:25 p.m.
. qlA
Mayor
October 20, 1981
457