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HomeMy WebLinkAboutMINUTES-11/03/1981-RegularNovember 3, 1981 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council -Manager Form of Government Regular Meeting - 5:30 p.m. Presentation of colors- Brownie Troop # 128. A regular meeting of the Council of the City of Fort Collins was held on Tuesday, November 3, 1981, at 5:30 p.m. in the Council Chambers in the City of Fort Collins City Hall. Roll call was answered by the following Councilmembers: Cassell, Elliott, Horak, Knezovich,. Reeves and Wilmarth. Absent: Councilmember Clarke Staff Members Present: Arnold, Liley, Lanspery, Krajicek, Lewis, Wood. Agenda Review: City Manager City Manager Arnold asked that Item # 27, Hearing and First Reading of Ordinance No. 170, 1981 E1tablishin a Storm —Drainage Utility Fee and a Storm Drainage Basin Fee to Finance Capital Improvements, be tabled until November 17 to allow staff more time to work with the development com- munity. He added that discussion of the City Attorney's selection process would take place under Other Business. Alida Loinaz, 525 E. Drake Road, asked that Item # 16, Second Reading of Ordinance No. 166, 1981 Creating a Commission on Disability, be withdrawn. Councilmember Knezovich requested Item # 21, Resolution Authorizing the City Manager to Enter into an Agreement with ASCSU for Transportation Services through Transfort, and Item # 22, Resolution Adopting 198'L Fees and Charges Schedule for Municipal Golf Courses, be removed from the 1 Councilmember Elliott asked that Item # 17 Ordinance No. 167, 1981 Vacating The Fift East Side of Lot 5, Creger Plaza Subdivision. Mayor Wilmarth requested Item # 19, Resolution A Recreation Board to Approve Master Plans for the Parks, be removed from the Consent Agenda. G161.1 t and First Readin Frontaqe Road on izinq the Parks and November 3, 1981 ' Consent Calendar This Calendar is intended to allow the City Council to spend its time and energy on the important items on a lengthy agenda. Staff recommends approval of the Consent Calendar. Anyone may request an item on this calendar be "pulled" off the Consent Calendar and considered separately. 4. Consider a 1981. e minutes of thi r 20 5. Second Reading of Or No. 133 1981 Amending Certain Sections of Chapter 118 of the Code of the City of Fort Collins Zoning Ordi- nance. This Ordinance was unanimously adopted on First Reading on October 6 and tabled to this date on October 20 because of a publication error at the newspaper. It is a staff initiated request to amend certain portions of the Zoning Code to clarify and update the Ordinance to correspond with current City policies. 6. Seco—d Reading of Ordinance No. 156 1981 Appropriating Unanticipated ' Revenge. This Ordinance was unanimously adopted on First Reading on October 20 and appropriates $391,391 for construction and installation of the computerized signal system expansion project with the money being reimbursed to the City from federal funds. 7. Second Reading of Ordinance No. 157 1981 Authorizing the lit Manager to Enter into an Agreement for the Lease/Purchase of a Tren- cher. This Ordinance was unanimously adopted on First Reading on October 20. The City of Fort Collins has received approval by the State of Colorado Division of Highways (CDH) to provide the traffic signal work for the expansion of the computerized traffic control system at approximately 27 locations and upgrading several local intersections with Federal Aid Urban System (FAUS) funding. In order to do this work a trencher is needed. The trencher was included in the 1982 budget requests for new equipment, but the lease/purchase is being moved up because of the approval of the FAUS project. The purchase price of the trencher is $21,031.45 at an interest rate ' of 13.449%. 459 November 3, 1981 8. Second Reading of Ordinance No. 158 1981 Vacating a Portion of a Utility Easement, Lot 47 North Shore PUD. This Ordinance was unanimously adopted on First Reading on October 20 and is a request for vacation of a portion of the utility easement at 1021 Sailors Reef. The applicant would like to construct a solar greenhouse addition to the residence. The addition would require vacation of 3 feet of the existing 10-foot utility easement. 9. Second Readinq of Ordinance No. 159 1981 Annexi nn Hermitage Aexation. This Ordinance was unanimously adopted on First Reading on October 20 and is a request to annex 5.84 acres located south of Trilby Road, west of Highway 287. The Hermitage Inn is located on the site, which is zoned T-Tourist in Larimer County. 10. Second Reading of Ordinance No. 160 1981 Zoning PropertyKnown as Hermitage Annexation. This Ordinance was unanimously adopted on First Reading on October 20 and is a request to zone 5.84 acres located south of Trilby Road and west of Highway 287. The applicant is requesting B-P, Planned Busi- ness. Present zoning is T-Tourist in the County. 11. Second Reading of Ordinance No. 161 1981 Appropriating Park Bond Proceeds in the Capital Pro,7ect -Fund. This Ordinance was unanimously adopted on First Reading on October 20 and would appropriate park bond proceeds in the amount of $35,000 to the original budget of $30,000 for Rolland Moore Park for a total contract amount of $65,000. 12. _Second Reading of Ordinance No. 162 1981 Amendin Ordinance 1981, Including Additional Propert.Y Into The Downtown Dev This Ordinance was unanimously adopted on First Reading on October 20. By letter and petition, all of the owners of the properties known as 110, 114, 118, 124 North Sherwood and 420, 424, 430 West Mountain Avenue have requested inclusion within the boundaries of the Downtown Development Authority (DDA). The DDA Board feels the major project contemplated for the area is consistent with the goals and objective of the Authority and, consequently, recommends the inclusion of the ' area in the DDA. 460 J d November 3, 1981 ' 13. _Second Reading of Ordinance No 1% 1981 Amending Section 99-6 of the Code of the Ctt to Provide for the Collection of Funds and Reimbursement to Developers Constructing Streets Which Benefit Ad- �acent Property Owners. This Ordinance was unanimously adopted on First Reading on October 20 and institutes the following recommendations of the staff and the homebuilders committee. This item was discussed at the August 25, 1981 work session with the City Council. 1. All subdivisions and planned unit developments would be required to have access to an improved arterial street or to an arterial street designated for improvement in the five-year plan for arterial streets. Any subdivision or planned unit development which did not have direct access to an improved arterial street or an arterial street designated for improvement in the five-year plan would be required to improve streets off -site with adequate capacity to accommodate the projected traffic for the develop- ment. Off -site improvements would be required to include a minimum of 36 feet of pavement on an adequate base for the ultimate design of the street as designated on the Master Street ' Plan. 2. The City should establish a mechanism to provide reimbursement to any developer who is required to install off -site streets as part of the above requirement. 14. Second Reading of Ordinance No. 164 1981 AppropriatingUnanticipated Revenue in the Revenue Sharing Fund. This Ordinance was unanimously adopted on First Reading on October 20 and appropriates the $90,000 in the Revenue Sharing fund for transfer to the Capital Projects Fund to fund the Ballfield Lighting Conversion Project. 15. Second Reading of Ordinance No. 165 1981 Authorizin the Transfer of Appropriated Amounts from the Revenue Sharing Fund to the Capital Projects Fund. Ordinance No. 164, 1981, appropriated prior year reserves in the Revenue Sharing Fund for transfer to the Capital Projects Fund for the Ballfield Lighting Conversion. ($90,000) This Ordinance was unanimously adopted on First Reading on October 20 and authorizes the transfer and increases the total project budget to $93,000. ' 461 16. Second Reading of Ordinance No. 166 November 3, 1981 Creating a Commission on This Ordinance was adopted on First Reading by a 6-1 vote on October 20 and creates a Fort Collins Commission on Disability. In 1977 the City Council formed a Handicapped Advisory Committee to serve as a subcommittee for the Human Relations Commission. The subcommittee was charged with the responsibility of inquiring into and acting on the needs of disabled persons in the community. Staff recommends that the subcommittee be granted Commission status. This is supported by the Human Relations Commission, and has been requested also by the Handicapped Advisory Committee. 17. Hearin and First Readin of Ordinance No. 167 "" VacatingThe Fifty 0 Foot Frontage Roa 'on the East Shia of int Creger Plaza Subdivision. This is a request for the vacation of the frontage road on the east side of Lot 5, Creger Plaza Subdivision. The City has discon- tinued the development of the frontage road system on College Avenue north of La Belle's/Target on the west side of College. (The decision on the east side of College has not yet been made). At the same time as the vacation, the applicant will dedicate utility easements to cover the existing utilities and an easement for access. The staff has reviewed the vacation request and the proposed dedications and is recommending approval. 18. Hearing and First Readingof Ordinance No 168 1981 Vacating Streets and Easements Dedicated on North Lema Subdivision, Second Filing. The applicant is requesting vacation of all streets and easements as dedicated on the plat of the North Lemay Subdivision, Second Filing as previously recorded with the County Clerk. The subdivision has been recently replatted and has been considered and approved by the Planning and Zoning Board on April 30, 1981. 19. Resolution Authorizin the Parks•and Recreation Board to Approve Master Plans for the Internal Development of Parks: At the City Council Work Session on May 12, 1981, the Parks and Recre- ation Advisory Board Chairman presented a Board initiated proposal re- questing that Council designate the Parks and Recreation Board as the approval authority for Parks Master Plans. 462 November 3, 1981 The Board at their regular meeting of September 22, 1981,.unanimously recommended adoption of this Resolution authorizing the Parks and Recreation Board to approve master plans for the internal development of parks. 20. Resolution Approving the Execution of a Contract with Simons Li & Associates for Professional Services for the Performance of the Fossil Creek Master Plan. Staff recommends the contract for the Fossil Creek Master Plan be awarded to Simons, Li & Associates. 21. Resolution Authorizin the Cit Mana er to Enter into with ASCSU for Transportation Services through Transfort. The Transfort/ASCSU contract entitles all full-time CSU students to full use of the Transfort system. In return for this service, Trans - fort collects a one-time fee per semester from each full-time student through their activity fees. The present rate is $2.00 per semester per full-time student. The rate for the contract under consideration remains $2.00 and the term length of the contract is September 1, 1981, through August 31, 1982. 22. Resolution Adopting 1982 Fees and Charges Schedule for Municipal Golf Courses. The Golf Advisory Board, at its regular meeting held on October 21, 1981, recommended to City Council this Resolution adopting the 1982 Fees and Charges Schedule for City Golf Courses. Parks and Recreation Department staff and the Golf Board thoroughly discussed each item and fee rate on an individual basis. Ordinances on Second Reading were read by title by Wanda Krajicek, City Clerk. Item # 5. Second Reading of Ordinance Sections of Chapter 118 of tf Zoninq Ordinance. 33, 1981. Amendi e Item # 6. Second Reading of Ordinance No. 156 1981 ticipated Revenue. Item # 7. Second Reading of Ordinance No. 157 1981 Authori Mana get to Enter into an Agreement for the Lease/ Trencfier. 463 tort Loiiins iating Unan- ing the City urchase of a , November 3, 1981 Item # 8. Second Readinq of Ordinance No. 158 1981 Vacatin a Portion of a Utility Easement Lot 7 North Shore PUD. Item # 9. Second Reading of Ordinance No 159 1981 Annexing Property Known as Hermitage Annexation. Item #10. Second Reading of Ordinance No. 160, 1981, Zoning Property Known as Hermitage Annexation. Item #11. Second Reading of Ordinance No 161 1981 AppropriatingPark Bond Proceeds in the Capital Protects Fund. Item #12. Second Readingof Ordinance No. 162 1981 Amending Ordinance No. 46, 1981 Includin Additional Property Into The Downtown Development Authority. Item #13. Second Reading of Ordinance No. 163 1981 Amendin Section 99-6 of the Code of the City to Provide for the Collection of Funds and Reimbursement to Developers Constructin Streets Which Benefit Adjacent Property Owners. Item #14. Se_cond Reading of Ordinance No. 164 1981 Appropriating Unan- ticipated Revenue in the Revenue Sharing Fund. Item #15. Second Readin of Ordinance No 165 1981 Authorizing the Transfer of Appropriated Amounts from the Revenue Sharin Fund to the Capital Projects Fund. Item #16. Second Reading of Ordinance No. 166 1981 Creating a Commission on Disability. Ordinances on First Reading were read by title by Wanda Krajicek, City Clerk. Item #17. Hearin and First Readingof Ordinance No. 167 1981 Vacatin The Fift 50 Foot Fronta a Road on the East Side of Lot 5 Creger Plaza Subdivision. Item #18. Hearing and First Reading of Ordinance No 168 1981 Vacating Streets and Easements Dedicated on North Lemay Subdivision, Second Filing. Councilmember Reeves made a motion, seconded .by Councilmember Elliott, to adopt and approve all items not removed from the Consent Calendar. Yeas: Councilmembers Cassell, Elliott, Horak, Knezovich, Reeves and Wilmarth. Nays: None. 464 November 3, 1981 THE MOTION CARRIED. Second Reading of Ordinance Creating a Commission on Disability, Adopted as Amended Following is the City Manager's memorandum on this item: "This Ordinance was adopted on First Reading by a 6-1 vote on October 20 and creates a Fort Collins Commission on Disability. In 1977 the City Council formed a Handicapped Advisory Committee to serve as a subcommittee for the Human Relations Commission. The subcommittee was charged with the responsibility of inquiring into and acting on the needs of disabled persons in the community. Staff recommends that the subcommittee be granted Commission status. This is supported by the Human Relations Commission, and has been requested also by the Handicapped Advisory Committee." Alida Loinaz, 525 E. Drake Road, asked the Council to amend the ordinance to allow existing members of the Handicapped Advisory Committee to be ap- pointed to the Commission on Disability even though they do not reside in the Urban Growth Area. Councilmember Horak made a motion, seconded by Councilmember Reeves, to amend Ordinance No. 166, 1981, on Second Reading by amending the section relating to the Urban Growth Area to read "except for those members who are currently serving on the Handicapped Advisory Committee." Yeas: Council - members Cassell, Elliott, Horak, Reeves and Wilmarth. Nays: Councilmember Knezovich. THT MOTION CARRIED. Councilmember Reeves made a motion, seconded by Councilmember Horak, to adopt Ordinance No. 166, 1981, as amended on Second Reading. Yeas: Councilmembers Cassell, Elliott, Horak, Reeves and Wilmarth. Nays: Councilmember Knezovich. THE MOTION CARRIED. Ordinance Vacating The Fifty (50) Foot Frontage Road on the East Side of Lot 5, Creger Plaza Subdivision, Adopted on First Reading Following is the City Manager's memorandum on this item: - 465 November 3, 1981 "The applicant is requesting the vacation of the frontage road on the east side of Lot 5, Creger Plaza Subdivision. The City has discontinued the development of the frontage road system on College Avenue north of La Belle's/Target on the west side of College. (The decision on the east side of College has not yet been made). At the time of the vacation request, the applicant dedicated utility easements to cover the existing utilities and an easement for access. The staff has reviewed the vacation request and the proposed dedications and is recommending approval." Councilmember Elliott stated that he wanted to discuss the approach of changing the frontage road system on South College and noted that he was not opposed to this particular vacation ordinance. Councilmember Cassell stated he understood the philosophy now is to attempt to get the replacement road for the service road as far away from the intersection as possible. Director of Planning and Development Curt Smith relied that in that area it was planned that roads would be developed approximately one block east and west of College that would give major access to the lots on the backside of College. ' Councilmember Cassell made a motion, seconded by Councilmember Elliott, to adopt Ordinance No. 167, 1981, on First Reading. Yeas: Councilmembers Cassell, Elliott, Horak, Knezovich, Reeves and Wilmarth. Nays: None. THE MOTION CARRIED. Resolution Authorizing the Parks and Recreation Board to Approve Master Plans for the Internal Development of Parks. Adooted as Amended Following is the City Manager's memorandum on this item: "At the City Council Work Session on May 12, 1981, the Parks and Recre- ation Advisory Board Chairman presented a Board initiated proposal re- questing that Council designate the Parks and Recreation Board as the approval authority for Parks Master Plans. Discussion ensued, and it was generally agreed upon that staff prepare appropriate authorization and provide it to the Parks and Recreation Board for their review and recom- mendation. The Parks and Recreation Board reviewed an initial draft resolution at their meeting of June 30, 1981, and then at their regular meeting of September 22, 1981, unanimously recommended adoption of this Resolution ' authorizing the Parks and Recreation Board to approve master plans for the internal development of parks. EN November 3, 1981 ' This Resolution has been reviewed by City staff and staff recommen- dation is for approval." Mayor Wilmarth noted he supported this proposal but was requesting a process whereby the Master Plan information would come to Council in some kind of packet or information form in case there was some project that might impact the budget process. City Attorney Liley proposed an amendment to the Resolution that read as follows: "That the Parks and Recreation Board shall, after review and approval, send the approved Master Plan to the City Council for its information and review." She added this amendment would trigger all Master Plans to be sent to Council for review but they would only be reheard and the approval con- sidered again if Council chose to appeal the decision of the Parks and Recreation Board. Councilmember Reeves made a motion, seconded by Councilmember Cassell, to amend the Resolution as indicated by the City Attorney. Yeas: Council - ' members Cassell, Elliott, Horak, Knezovich, Reeves and Wilmarth. Nays: None. THE MOTION CARRIED. Councilmember Cassell made a motion, seconded by Councilmember Reeves, to adopt the Resolution as amended. Yeas: Councilmembers Cassell, El- liott, Horak, Knezovich, Reeves and Wilmarth. Nays: None. THE MOTION CARRIED. Resolution Authorizing the City Manager to Enter into an Agreement with ASCSU for Transportation Services through Transfort Following is the City Manager's memorandum on this item: "The Transfort/ASCSU contract entitles all full-time CSU students to full use of the Transfort system. In return for this service, Transfort collects a one-time fee per semester from each full-time student through their activity fees. The present rate .is $2.00 ;per semester for each full-time student. The rate for the contract under, consideration remains $2.00 and the term length of the contract is twelve months, beginning with ' each school year. 467 November 3, 1981 City Council has approved previous contracts annually with ASCSU since 1975. The new contract has now been finalized and is being presented for formal Council approval as an intergovernmental agreement. A good deal of time was spent discussing increasing the fee for this year. But last year's agreement increased fees from $1.00 to the present level of $2.00 with the provision that we improve the system by installing shelters and a peak hour bus. That was done. We anticipate negotiating an increase for September, 1982, when our new buses are expected to be in operation. With this $2.00 rate, contract revenue for 1981 is projected at $64,000 with a projected ridership of 125,000. Other alternatives to the contract would be to charge the students either a regular fare or a reduced fare and/or to sell individual student semester passes. Ridership under a fare or pass system would probably be much lower than under a contract. But assuming the same ridership at the full fare of $.35, revenue generated would be $43,750. Staff recommends approval of the contract." Councilmember Knezovich asked why this contract was being presented after the fact. He added that he felt the terms of the agreement could be better stated if they were amended to run from September 1, 1981 to May 31, 1982. He also questioned the amount of publicity the City would be re- quired to provide. Councilmember Cassell stated he felt should be negotiated to a higher rate are not paying their share. if there was still time, the contract since it was his feeling the students Councilmember Reeves pointed out that only full-time students who receive an activity card are eligible for free rides on Transfort. Councilmember Elliott proposed adoption of the Resolution but to put ASCSU on notice that we expect to negotiate a higher fee for the next year's agreement. Councilmember Knezovich made a motion, seconded by Councilmember Cassell, to amend the Resolution to state a termination date of May 31, 1982 and to state that the level of publicity should not exceed $500. Councilmember Horak had negotiated in potential to ride system. spoke in opposition to the amendment, noting the staff good faith. He added that students only pay for the Transfort and only a small percent actually use the ME November 3, 1981 Mayor Wilmarth suggested the contract should be negotiated in the spring before the students leave rather than when they return in September. He then expressed his concern about the amount of money that would be spent on the publicity mentioned in the agreement. City Manager Arnold replied that the only things paid for were 3 ads in the college newspaper. The brochures and schedules are needed anyway and we furnish about 5,000 of the 30,000 printed to the university. Mary Oswald, 124 North Whitcomb, Director of Community Affairs ASCSU, explained her involvement with the contract negotiation process, noting it was usually done in the spring but this year they had assumed there wasn't going to be any raise in fees and the new agreement would basically be the same as the previous year. In August, they were informed there would be an increase, so the process took longer. She added ASCSU was constantly being asked for fee increases but there had been no improvement to the Transfort service. The vote on Councilmember Knezovich's previous motion to amend the Resolu- tion was as follows: ' Yeas: Councilmembers Cassell, Wilmarth and Knezovich. Nays: Councilmembers Elliott, Horak and Reeves. THE MOTION FAILED. Councilmember Reeves made a motion, seconded by Councilmember Horak, to adopt the Resolution. Yeas: Councilmembers Cassell, Elliott, Horak, Knezovich, Reeves and Wilmarth. Nays: None. THE MOTION CARRIED. Resolution Adopting 1982 Fees and Charges Schedule for Municipal Golf Courses Following is the City Manager's memorandum on this item: "The Golf Advisory Board, at its regular meeting held on October 21, 1981, reviewed, approved, and recommended to City Council this Resolution adop- ting the 1982 Fees and Charges Schedule for City Golf Courses. Parks and Recreation Department staff and the Golf Board thoroughly discussed each item and fee rate on an individual basis, and a separate vote was taken on each subject. The Board vote on each item will be noted within the summary narratives of each topic. 469 November 3, 1981 DAILY GREEN FEES For 1982 we are recommending consolidating and standardizing the Daily Green Fees at both courses. It is our opinion that there really is no need to differentiate between City Park Nine and Collindale charges, and the fees should be the same at both courses. Also, golf play patterns indicate that there is no need to distinguish between weekday play vs. weekend/ holiday play. We now get approximately the same number of golfers on Thursday that we get on Sunday. The purpose of having a lesser fee for weekdays in the past was to encourage golfers to take advantage of so- called slack -time, which basically no longer exists in Fort Collins. Therefore, the need for lesser green fees on weekdays no longer exists, and we are recommending standardizing our fees. When staff prepared the 1982 budget last spring, we figured our expendi- tures and then increased the green fees 500 in each category. This increase was projected to bring us approximately $14,000 more in green fee revenue for 1982. The change to standardizing green fees required us to recalculate our requirements, and in order to reach the same $14,000 increase in revenues, we had to set 1982 green fees accordingly. There- fore, the $4.75 for 9 holes of golf and the $7.00 for 18 holes of golf . should provide us the necessary needed green fee revenues, assuming rea- sonable play on the courses and good weather conditions. Comparing existing 1981 rates with recommended 1982 rates is as follows: 1981 1982 Weekdays (9 holes) City Park Nine $3.75 $4.75 Collindale $4.25 $4.75 Weekdays (18 holes) City Park Nine $5.00 $7.00 Collindale $6.00 $7.00 Weekends/Holidays (9 holes) City Park Nine $4.75 $4.75 Collindale $4.75 $4.75 Weekends/Holidays (18 holes) ' City Park Nine $6.00 $7.00 Collindale $6.50 $7.00 470 November 3, 1981 ' We feel that in the past we were under -charging for City Park Nine, and this standardization of fees should correct that situation. The Golf Board voted 6-0 regarding this green fees recommendation. NON-RESIDENT FEE The Golf Board voted 6-0 to leave the non-resident fee at the existing levels. With the increases and changes in green fees already being sig- nificant for 1982, it was felt further increasing non-resident fees could possibly push us into an area of diminishing returns. As a point of information, a non-resident green fee player will pay us $5.75 for 9 holes of golf, and $9.00 for 18 holes of golf in 1982, at existing rates. ANNUAL PASSES This rate category has previously been known as "Memberships", but both staff and the Golf Board agreed that the connotation of membership for a public golf course was undesirable, and caused some people to feel they had vested ownership, and it implied special privileges which really were not available. The City Attorney also suggested to us last winter that we ' change the category to something, such as Annual Pass. Therefore, the Golf Board voted 6-0 that the term Membership be changed to "Annual Pass". The Board then thoroughly questioned some of the various Annual Pass categories, and the past reasoning for the various rates. Several members pointed out that the discounted rate for "Husband/Wife" was discriminatory, and felt that the category should be eliminated. The Board then voted 6-0 to eliminate the category of Husband/Wife. Collindale Golf Professional, Bill Metier, asked that the record show he is opposed to elimination of this category. The Board then voted 6-0 to establish the Single Adult rate at $200, and to base the other rates on the Single Adult rate category, using a percentage/ ratio formula. For example, Senior Citizens and Junior golfers rate categories are to be 50% of the regular Single Adult rate, and the Student rate discount is to be 25% of same. The Board voted 6-0 to establish 1982 "Student" rates at $150, and "Junior" rates at $100; and voted 5:1 to establish 1982 "Senior Citizen" rates at $100, also eliminating the Seniors Husband/Wife category. Board member, Carl Kansala, who is 81 years old, asked that the record show he feels the rates for Senior Citizens are too high, and he feels the City Council should not raise Senior rates in the future. The Board discussed the "Family" rate category and agreed that since we eliminated the Husband/Wife category, we would ,probably ,encourage more ' 471 INovember 3, 1981 interest in the Family category; and we should set the rate trying to make this fee be more palatable to the golfing public. On a vote of 6-0, the Board set the 1982 Family rate at $330. The Board then voted 6-0 to set the Single Adult - Combination Annual Pass rate at $250, with all the other combination rate categories based upon the formula adopted for Single Course Annual Passes. Comparing existing 1981 rates with recommended 1982 rates is as follows: Single Course Annual Pass 1981 1982 Family $300.00 $330.00 Husband/Wife $240.00 Eliminated Single Adult $170.00 $200.00 Student $140.00 $150.00 Junior $ 85.00 $100.00 Senior Citizen: Husband/Wife $160.00 Eliminated Single Adult $100.00 $100.00 ' Both Courses Combination Annual Pass 1981 1982 Family $340.00 $380.00 Husband/Wife $280.00 Eliminated Single Adult $200.00 $250.00 Student $160.00 $190.00 Junior $105.00 $125.00 Senior Citizen: Husband/Wife $190.00 Eliminated Single Adult $135.00 $125.00 The notes that accompany the Annual Pass rates on the Resolution reflect operating policy or previous City Council action. All of these notes were approved 6-0 by the Golf Board. The establishment of 107 of each Annual Pass rate going to the Surcharge Account is new for 1982, and it finally recognizes that Annual Pass card holders should also pay a fair portion of the Surcharge. GOLF CART FEES The recommended increases in fees for city -owned golf carts is a part of the toaster Plan that was established when the City purchased golf carts in July 1980. The Board unanimously concurred with these increases, as follows: 472 City -owned Golf Carts 9 Holes 18 Holes Senior Citizen Rates: 9 Holes 18 Holes The Board then voted 6-0 to carts (used, not stored) from $6.00 daily in 1982. STORAGE FEES November 3, 1981 Existing Recommended 1981 1982 $ 6.00 $ 7.00 $10.00 $12.00 $ 4.00 $ 5.00 $ 8.00 $10.00 increase fees for the use of private -owned $100.00/or $5.00 daily in 1981 to $125.00/or 1982 Storage Fees for lockers and golf clubs at both courses is recommended to stay the same as 1981 fees. However, the storage of privately -owned golf carts at City Park Nine is recommended to go to $200.00 in 1982, which is an increase of $50.00 over 1981 rates. Some staff members are opposed to the storage and electrical. charging of private carts, and now that the City is in the golf cart business, we should not store private carts. In 1980 the Golf Board voted unanimously to begin a "Phase -out" of said private carts, and this attached Resolution officially recognizes that private golf carts stored at City Park Nine shall be phased -out, and the City will no longer store these carts after January 1, 1984. There' are currently 17 such private carts at City Park Nine, and giving people until 1984 should be, a sufficient amount of warning to eliminate this problem. The Board voted 6-0 to support this position. CLUBHOUSE RENTALS The Board unanimously concurred to standardize Clubhouse Rental Fees at $25.00 for 1982. The 1981 rates varied from $10.00 to $25.00, depending on the number of people in attendance. This criteria is not really that valid, in that our costs for opening the Clubhouse building were the same regardless of whether there were 10 people or 40 using the building. SUMMARY The Golf Advisory Board and staff ai changes to the Golf Division Fees ar requests that City Council support the presented in the 1982 Fees and Charges with the 1982 budget for Golf that was That includes total projected revent 473 e making some rather significant d Charges structure for 1982, and recommendations. All of the rates Schedule Resolution are compatible adopted by City Council last month. e and expenditures of $420,567." November 3, 1981 Councilmember Knezovich stated he knew there were persons present who wanted to oppose the changes in fee structure in the area of elimination of husband -wife passes. Tom Skillman, 818 East Elizabeth, Chairman of the Golf Board, noted that he had concerns in this category. He felt the changes would reduce revenue and added that he had not been present at the meeting where the Board had voted to approve these changes. He asked Council to amend the Resolution to reinstate the category or to have the Golf Board take another look at the item. Jim Mitchell, 1333 Parkwood Drive, Golf Board Vice -Chairman, addressed the reasons the Board had eliminated the category. He noted the Board felt the fee structure should be simplified and that there had been some difficulty with the details of this category in the age and marital status areas. Councilmember Reeves suggested Council pass this Resolution and allow Mr. Skillman to bring this matter before the Golf Board to see if they would recommend an amendment that would reinstate the category and could then be brought back to Council. Councilmember Elliott made a motion to table this Resolution until November 17 and have the Golf Board take a second look at it and come back with a recommendation. The motion died for lack of a second. Councilmember Reeves made a motion, seconded by Councilmember Knezovich, to adopt the Resolution. Yeas: Councilmembers Cassell, Elliott, Horak, Knezovich, Reeves and Wilmarth. Nays: None. THE MOTION CARRIED. Ordinance Establishing a Storm Drainage Utility Fee and a Storm Drainage Basin Fee to Finance Capital Improvements, Tabled on First Reading to November 1 Councilmember Knezovich made a motion, seconded by Councilmember Reeves, to table Ordinance No. 170, 1981, on First Reading until November 17 to allow staff more time to work with the development community. Yeas: Councilmembers Cassell, Elliott, Horak, Knezovich, Reeves and Wilmarth. Nays: None. THE MOTION CARRIED. 474 November 3, 1981 ' Discussion with the Downtown Development Authority Downtown Development Authority Chairman, Earl Wilkinson, appeared to discuss the possibility of forming an Urban Renewal Authority. He re- quested time at a work session to further review the topic. It was decided that the item would be scheduled for discussion at the November 24th work session. Citizen Participation A. Proclamation naming second week in November as "Youth Appreciation Week" to be presented to the appropriate persons. Tom Graff, 4112 Milbrun Court, spoke in detail regarding the road condi- tions on South Lemay Avenue south of Horsetooth. He requested some interim actions to improve the safety conditions of the road in the area. Councilmember Horak made a motion, seconded by Councilmember Reeves, to ' direct the staff to implement whatever temporary measures might be appro- priate to deal with the problem. Yeas: Councilmembers Cassell, Elliott, Horak, Knezovich, Reeves and Wilmarth. Nays: None. THE MOTION CARRIED. Second Reading of Ordinances Annexing and Zoning Trilby Heights Fifth Annexation Following is the City Manager's Memorandum on this item: "A. Ordinance No. 117, 1981, Annexing Property Known as Trilby Heights Fifth Annexation. B. Ordinance No. 127, 1981, Zoning Property Known as Trilby Heights Fifth Annexation. Ordinance No. 117, 1981, was unanimously adopted on First Reading on September 8 and Ordinance No. 127, 1981, was unanimously adopted on First Reading on September 15. The Second Readings of these two Ordinances annexing and 'zoning the Trilby ' Heights Annexation are the last in a series of 3 Trilby Heights Annexations 475 November 3, 1981 that are being redone as a result of the exclusion of the ownership inter- est of Poudre Valley R.E.A. from the Trilby Heights Third Annexation." City Manager Arnold noted this item was not on the Consent Agenda since Councilmember Clarke felt conflict because of his Planning and Zoning Board membership. Councilmember Reeves made a motion, seconded by Councilmember Cassell, to adopt Ordinance No. 117, 1981, on Second Reading. Yeas: Councilmembers Cassell, Elliott, Horak, Knezovich, Reeves and Wilmarth. Nays: None. THE MOTION CARRIED. Councilmember Cassell made a motion, seconded by Councilmember Knezovich, to adopt Ordinance No. 127, 1981, on Second Reading. Yeas: Councilmembers Cassell, Elliott, Horak, Knezovich, Reeves and Wilmarth. Nays: None. THE MOTION CARRIED. Ordinances Relating to Beer and Liquor Occupation Taxes Following is the City Manager's memorandum on this item: "A. Second Reading of Ordinance No. 140, 1981, Relating to Alcoholic Beverages. B. Hearing and First Reading of Ordinance No. 169, 1981, Relating to Alcoholic Beverages. Ordinance No. 140, 1981, was adopted on First Reading on October 6 by a 6-0 vote. On October 20, the Ordinance was tabled to this date to allow staff to look at a more equitable distribution of the tax rate. At the work session of October 27, Council's direction was to set the occupation tax for Hotel -Restaurant, Tavern and Retail Liquor Stores at $1,500 annually and that all other classes of licenses (Beer & Wine, Club, 3.2%) would be set at $750 annually. The occupation tax would then collect approximately $126,750 in General Fund revenue rather than the $108,750 listed in the 1982 adopted budget. The occupation tax on all businesses selling malt, vinous and spiritous liquors has not been increased since its imposition in April, 1969. Additionally, the occupation tax on the business of selling 3.2% fermented malt beverages has not been increased since 1971. 476 November 3, 1981 Because the changes to Ordinance No. 140, 1981, are substantial, staff recommends that the Ordinance be denied on Second Reading and in its place new Ordinance No. 169, 1981, should be adopted on First Reading. Notice was sent to all licensed 3.2% and liquor outlets within the City limits informing them of these proposed changes." Mayor Wilmarth asked the record to show he did not vote or participate in these items. Councilmember Reeves made a motion, seconded by Councilmember Elliott, to adopt Ordinance No. 140, 1981, on Second Reading. Yeas: Councilmember Cassell. Nays: Councilmembers Elliott, Horak, Knezovich and Reeves. (Wilmarth withdrawn) The motion failed. John Dowd, 2019 Constitution, spoke in opposition to Ordinance 169, 1981, which would increase the occupation tax levied on 3.2% beer and liquor businesses. He requested a business license be imposed on all businesses ' that operated in the City and that the occupation tax remain the same as 1981 figures. Harry Nix, 704 Oxford Lane, owner of Foothills Discount Liquors, supported Mr. Dowd's comments. Councilmember Knezovich pointed out that the occupation taxes have not been changed since 1969 (for liquor) and 1971 (for 3.2% beer) and noted by his calculations an inflationary rate of 8% annually would have raised the $400 fee to $932. He noted he felt this was an attempt to put some equality into the tax rate. Don May, 612 Rocky Mountain Way, owner of the Laughing Dog Saloon, ques- tioned the definition of occupation tax. City Attorney Liley replied that an occupation tax was a tax on doing business and was a revenue raising measure. Mr. May asked why businesses like Sears, Wards, etc. don't pay an occupa- tion tax. Councilmember Reeves pointed out the other fee increases that were involved in setting the budget. She added that she would be in favor of looking at the occupation tax/business license tax during next years',budget process. ' 477 1 November 3, 1981 Councilmember Elliott made a motion, seconded by Councilmember Knezovich, to adopt Ordinance No. 169, 1981, on First Reading. Councilmember Horak made a motion, seconded by Councilmember Reeves, to amend Ordinance No. 169, 1981, on First Reading as follows: Hotel -Restaurant and Tavern $ 1500 Retail Liquor Store 600 Liquor Licensed Store 600 Beer and Wine 500 Club 600 Extended Hours 180 3.2% 500 Councilmember Horak pointed out this fee structure would raise approxi- mately the same amount of revenue projected in the budget and would give Council a year to discuss what could be done with other businesses as well as the occupation tax. ' The vote on Councilmember Horak's amendment to Ordinance No. 169, 1981, was a follows: Yeas: Councilmember Horak Nays: Councilmembers Cassell, Elliott, Knezovich and Reeves (Wilmarth withdrawn). The motion failed. The vote on Councilmember Elliott's original motion to adopt Ordinance No. 169, 1981, on First Reading was as follows: Yeas: Councilmembers Cassell, Elliott, Knezovich and Reeves. Nays: Councilmember Horak (Wilmarth withdrawn). THE MOTION CARRIED. Resolution Appointing Representatives to the. Board of Ethics, Adopted as"Amended Following is the City Manager's memorandum on this item: "Council has adopted a policy Statement on Ethics, which authorized the creation of an Ethics Board composed of three Councilmembers. Council needs to select three representatives to serve on this Board. 478 November 3, 1981 ' The attached Resolution makes these appointments and sets the initial terms of appointment until July 1, 1982. Staff is recommending that future appointments be made each July for one year terms, since appointments to other City Boards and Commissions are normally made in July. The duties and responsibilities of the Ethics Board are set out in the Policy Statement on Ethics." Mayor Wilmarth nominated Councilmembers Cassell, Clarke and Elliott to be the first representatives to the Board of Ethics and suggested the terms of appointment be coincidentally terminated with the mayoral election instead of July 1. Councilmember Knezovich seconded the nominations. Mayor Wilmarth made a motion, seconded by Councilmember Knezovich, to adopt the Resolution making the appointments and amending the termination date as stated by Mayor Wilmarth. Yeas: Councilmembers Cassell, Elliott, Horak, Knezovich, Reeves and Wilmarth. Nays: None. THE MOTION CARRIED. Resolution Making Appointments to Parking ' Commission and Storm Drainage Board Following is the City Manager's memorandum on this item: "Vacancies exist on the Parking Commission for two regular members because of the expiration of the terms of Jim Woods and Deborah Bonner. In addi- tion, there are vacancies for two alternate members on the Storm Drainage Board because of the recent creation of those positions. The applications received to fill these vacancies are attached for Council review. The Parking Commission terms are for four years, running until July 1, 1985. The Storm Drainage Board alternates appointed will serve until July 1, 1983." Councilmember Elliott gave the committee's recommendation on these two Boards: Parking Commission - Jim Woods and Miles Austin Storm Drainage Board - Greg Hurst and Tom Stafford Councilmember Cassell noted the committee had first recommended Tony Giacopelli for the Parking Commission but in light of Council's stated policy that Boards and Commissions representatives be residents of the Urban Growth Area and since Mr. Giacopelli is a resident of Laporte, had , recommended Mr. Woods and Mr. Austin. 479 November 3, 1981 Councilmember Elliott made a motion, seconded by Councilmember Cassell, to adopt the Resolution making the appointments. Yeas: Councilmembers Cassell, Elliott, Horak, Knezovich, Reeves and Wilmarth: Nays: None. THE MOTION CARRIED. Approval of Human Relations Award Selection Criteria Following is the City Manager's memorandum on this item: "In July, Council heard a presentation from the Human Relations Commission on the Human Relations Award concept and authorized the creation of the Award. Selection criteria for awarding the 1982 award have been developed by the Human Relations Commission and are now being presented for approval as Council requested. The Commission's proposal is attached for review. Mary Klopfenstein, a member of the Human Relations Commission, will give a brief report at the meeting and answer any questions Council may have." Mary Klopfenstein, Human Relations Commission, presented an outline for the award and briefly reviewed the process for making the award. Councilmember Elliott made a motion, seconded by Councilmember Horak to endorse the plan as outlined by Ms. Klopfenstein. Yeas: Councilmembers Cassell, Elliott, Horak, Knezovich, Reeves and Wilmarth. Nays: None. THE MOTION CARRIED. Appeal from Decision of Liquor Licensing Authority - Ralph and Mary Ann Jordan dba Country Store 830 South College Avenue Following is the City Manager's memorandum on this item: "On September 11, 1981, the Fort Collins Police Department issued 35 sum- mones for liquor law violations out of 55 businessess contacted. A total of 28 businesses received violations and each business is scheduled for a show/cause hearing before the Liquor Licensing Authority. The Liquor Licensing Authority heard the show/cause hearing for Country Store, 830 South College Avenue, on October 7, 1981. After hearing tes- timony from both the licensee and the Police Department, the Authority ordered a three-day suspension of the Country Store's 3.2% fermented malt beverage license. There had been no previous violation recorded against ' this outlet. Em November 3, 1981 ' On October 16, 1981, the City Clerk received an appeal from the decision of the Liquor Licensing Authority to the City Council. These hearings are conducted on the record, i.e., no new evidence or testimony should be considered. The hearing will consist of a review of the transcript of the hearing before the Liquor Licensing Authority (a copy of the transcript accompanies this memo) and a brief oral argument by the appellant based on the record." Mayor Wilmarth asked the record show he did not vote or participate in the discussion of this item. Rock Sorenson, attorney representing Country Store, presented a brief review of the October 7 hearing of the Liquor Licensing Authority and of the transcript of that hearing. He detailed Mr. Jordan's previous work experience as it related to liquor related activities, noting he had never had a violation in the course of that work experience. Mr. Sorenson urged the Council to decide that the sanction of a 3-day suspension for a first violation for a business of this nature was inappropriate and too harsh. Councilmember Reeves made a motion, seconded by Councilmember Elliott, that a violation did occur at the Country Store, 830 South College Avenue, on September 11, 1981. Yeas: Councilmembers Cassell, Elliott, Horak, Knez- ' ovich and Reeves. Nays: None (Wilmarth withdrawn). THE MOTION CARRIED. Councilmember Reeves made a motion that the original penalty was too severe and to sanction a 1-day suspension instead of a 3-day suspension. The motion died for lack of a second. Councilmember Elliott made a motion to sanction a 3-day suspension but to hold the suspension in abeyance with the stipulation that if another violation occurs within a 12-month period, the 3-day suspension would be served in addition to the sanction imposed for the second violation. The motion died for lack of second. Councilmember Horak made a motion, seconded by Councilmember Knezovich, to direct the City Attorney to write a letter of reprimand to the owners of the Country Store, 830 South College Avenue. Councilmember Horak noted he felt the Country Store had'been put on notice that Fort Collins plans to deal with this problem severely in the future. He added that he had made his motion in light of the fact there had been no previous complaints against this business and because of the owner's I previous record when employed elsewhere. 481 November 3, 1981 The vote on Councilmember Horak's previous motion was as follows: Yeas: Councilmembers Cassell, Elliott, Horak, Knezovich and Reeves. Nays: None (Wilmarth withdrawn). THE MOTION CARRIED. City Attorney Liley stated a Resolution incorporating the Council's find- ings would be presented on the Consent Agenda of the November 17th meeting. City Manager's Report City Manager Arnold reported on the Lemay Avenue Extension study, noting Transplan and staff had met with residents of the neighborhood on October 25 to explain that the two options Council authorized Transplan to study were not practical in light of new information. Another meeting is sche- duled for November 18 so that residents may offer their suggestions on how to proceed. ' He added that staff was suggesting this meeting be adjourned to noon on November 10 to allow an Executive Session to discuss City Attorney selec- tion procedures. Councilmembers' Reports Councilmember Knezovich reported that the Finance Committee had met and reviewed the budget packet that came out the end of September. He added that a new Downtown Development Authority Director had been selected and would be on board by December 15. Councilmember Horak noted that he had been appointed to the Poudre Study Steering Committee. Councilmember Elliott suggested it might be appropriate to have a luncheon with members of the Liquor Licensing Authority at some point in the future. He noted there had been a Poudre Fire Authority meeting and complimented the City Attorney's staff on the fine job of drafting the consolidation contract. Councilmember Cassell reported that the Energy Impact Committee of the Colorado Municipal League had met to come up with recommendations to the Policy Committee that Councilmember Reeves serves on. He added that ' there had been an all day Platte River Power Authority budget session and that he would share the final draft with other Councilmembers. November 3, 1981 ' Councilmember Reeves asked Councilmembers for any legislative items she should take before the Policy Committee. Other Business Mayor Wilmarth outlined the procedures to be used in the City Attorney's selection process. Councilmember Knezovich recommended a committee to screen the applicants and present the top ten for Council consideration. Councilmember Cassell agreed with Councilmember Knezovich's suggestion. Councilmember Horak agreed and proposed that Mayor Wilmarth be a member of the screening committee. Councilmember Elliott noted he would like to have copies of all applica- tions and would like the option of adding a person who had not been se- lected by the screening committee. Councilmember Reeves noted there were tight time constraints and agreed I with the suggestion of the screening committee. The screening committee will consist of Mayor Wilmarth, City Attorney Liley, City Manager Arnold and Employee Development Director Powers and will send a report of the top ten in the Friday packet. Adjournment Councilmember Cassell made a motion, seconded by Councilmember Reeves, to adjourn the meeting to 12:00 noon on November 10. Yeas: Counci l members Cassell, Elliott, Horak, Knezovich, Reeves and Wilmarth. Nays: None. The meeting adjourned at 10:20 p.m. q1t,7 Mayor / AT�TE/S�T�:QQ , City Clerk HIN