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HomeMy WebLinkAboutMINUTES-12/20/1983-RegularDecember 20, 1983 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, December 20, 1983, 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: Clarke, Elliott, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Staff Members Present: Arnold, Huisjen, Lewis, Krajicek, Meitl Agenda Review: City Manager ' City Manager Arnold noted Item #13, Hearing and First Reading of Ordinance No. 167, 1983, Creating a Municipal Court Referee, needed an amendment and would need to be removed from the Consent Agenda. He also noted Item #25, Resolution Authorizing the City to Enter into an Agreement of Sale and Purchase for a 1.54 acre Electrical Substation Site in the Linden Tech Center (near the intersection of Linden Street and E. Vine Drive), had been withdrawn from the agenda. He added there would be two items of Other Business dealing with the Old Town Associates bonds and the City Manager's contract. .Councilmember Rutstein asked that Item #18, Hearing and First Reading of Ordinance No. 173, 1983, Annexing Approximately 183.1 Acres Located North of County Road 52 and East of County Road 11 Known as the Country Club North First Annexation; Item #19, Hearing and First Reading of Ordinance No. 174, 1983, Zoning Approximately 181.3 Acres Located North of County Road 52 and East of County Road 11 T-Transitional and Approximately 1.8 Acres Located North of County Road 52 and West of County Road 11 R-L-P, Low Density Planned Residential, Known as the Country Club North First Annexa- tion Zoning; Item #20, Hearing and First Reading of Ordinance No. 175, 1983, Annexing Approximately 247.4 Acres Located North of County Road 52 (Richards Lake Road) and West of County Road ll,.Known as the Country Club North Second Annexation; and Item #21, Hearing and First Reading of Ordi- nance No. 176, 1983, Zoning Approximately 247.4 Acres R-L-P, Low Density Planned Residential, Located North of County Road 52 (Richards Lake Road) and West of County Road 11, Known as the Country Club North Second Annexa- tion Zoning, be removed from the Consent Calendar. -195- December 20, 1983 ' Consent Calendar This Calendar is intended to allow the City Council to spend its time and energy on the important items on a lengthy agenda. Staff recommends approval of the Consent Calendar. Anyone may request an item on this calendar be "pulled" off the Consent Calendar and considered separately. Agenda items pulled from the Consent Calendar will be considered separately under Agenda Item #46, Pulled Consent Items, except items pulled by anyone in the audience or items that any member of the audience is present to discuss that were pulled by staff or Council. These items will be dis- cussed immediately following the Consent Calendar. 4. Consider Approving the Minutes of the regular meeting of December 5. Second Reading of Ordinance No. 157, 1983, Vacating a Temporary Construction Easement at the Front Nine at Sout ri ge Greens P D. This ordinance was unanimously adopted on First Reading on December 6. The Front Nine at Southridge Greens PUD plat was approved with a 10 foot temporary construction easement at the rear of all lots for Mountain Bell to use for installing their cables. Once their lines are in place, they only need a six foot utility easement for mainte- nance. The Developer is requesting this vacation so that he can commence construction of homes. Second Readinq of Ordinance No. 158. 1983. Vacatinq a Portion of an Access, Drainage and Utility Casement at Drake Crossing Shopping This ordinance was unanimously adopted on First Reading on December 6. A 24-hour walk up banking facility is planned for the Drake Cros- sing Shopping Center P-UD. The planned location is currently a portion of a blanket access, drainage and utility easement which must be vacated prior to the commencement of construction. All affected utilities have been contacted and have indicated no problem with the vacation request. Second Reading of Ordinance No. 159, 1983, Rezoning approximately 5.2 acres located at the northeast corner of Harmony Road and Boardwalk Drive, from R-L-P, Low Density Residential, -to B-P, Planned Business This ordinance was unanimously adopted on First Reading on December 6 and is a request by the applicants, Larsen Associates, to rezone approximately 5.2 acres of property located north of Harmony Road and east of Boardwalk Drive from R-L-P, Low Density Planned Residential, I to B-P, Planned Business. -196- IDecember 20, 1983 8. Second Reading of Ordinance No. 160, 1983, Appropriating Prior Year Reserves and UnanticipatedRevenue in Various Funds. This ordinance was unanimously adopted on First Reading on December 6. As part of the budget process, staff identified funds which require a supplemental appropriation for 1983 expenditures. The following explains what the appropriations are for: A. Rockwell Ranch Fund The financing for this appropriation is: From Prior Year Reserves Revenue Distribution B. Self -Insurance Fund The financing for these appropriations is: From Prior Year Reserves Medical Claims Expenses From Unanticipated Revenue Medical Claims Expenses REEKH $350,000 $150,000 9. Second Reading of Ordinance No. 161, 1983, Authorizing the Transfer of Appropriated Amounts Between Capital Projects for Streetlight Conver- sions. This ordinance was unanimously adopted on First Reading on December 6 and authorizes the transfer within the Capital Projects Fund for the streetlight conversion project: FROM: Capital Reserve $42,935 TO: Streetlight Conversion $42,935 10. Second Reading of Ordinance No. 162, 1983, Appropriating Funds from Prior Year Reserves in the Parking Fun or the Jef erson Street Parking Lot Capital Project. In reviewing the landscaping and the general aesthetics of Old Town, contiguous to the lot, the staff and the Parking Commission determined that the old style street lights, Washington #18 style, would be appropriate for installation in the new lot. The new street lights and installation were not included in the original estimates for construction of the Jefferson Street Parking Lot, and they are esti- mated to cost $10,300. -197- December 20, 1983 At their November 10 meeting, the Parking Commission approved a motion to recommend that City Council approve this appropriation. There is $27,227 remaining in the prior year reserves in the Parking Fund. The 1984 budget expenditures are covered by 1984 projected revenues. There are sufficient reserves to cover the $10,300, and this ordi- nance, which was unanimously adopted on First Reading on December 6, appropriates $10,300 in the Jefferson Street Parking Lot. 11. Ordinances Relatin alter, and Mumcipa to the Salaries of the City Attorney, City Man - A. Second Reading of Ordinance No the City Attorney. B. Second Reading of Ordinance No the City Manager. 163, 1983, Fixing the Salary of 164, 1983, Fixing the Salary of C. Second Reading of Ordinance No. 165, 1983, Fixing the Salary of the Municipal Judge. City Council has met in Executive Sessions to perform the annual evaluations of the City Attorney, City Manager, and Municipal Judge. These three ordinances will establish the 1984 salaries for these three individuals. On December 13, 1983, these Ordinances were adopted on First Reading. Council set the 1984 salary for the City Attorney at $45,500; the salary for the City Manager at $67 ,500, and the salary for the Muni- cipal Judge at $43,900. All three Ordinances are effective January 1, 1984. 12. Resolution Authorizing the Mavor to Execute an Emol On December 11, 1981, the City of Fort Collins and John H. Huisjen entered into an employment agreement setting out the terms of his employment as City Attorney commencing on February 1, 1982. That agreement provided for an automatic extension for successive one year periods unless sooner terminated. Since that time, there have been changes in the salary of Mr. Huisjen and it is appropriate to revise the employment agreement with new salary conditions which are to become effective on January 1, 1984. 13. Hearing and First Reading of Ordinance No. 167, 1983, Creating a Municipal Court Referee. The Municipal Court has for some time been operating with a con- tinually crowded docket and the need for more clerical help than is 1 December 20, 1983 presently available. Judge Tobin and Bob Lee have determined that the best way of alleviating this problem and insuring that parking vio- lations continue to be prosecuted so as to maintain control over the parking problems which exist, is to add a new Article to the Code allowing the Municipal Court Judge to appoint Municipal Court Refer- ees. At this time, it is anticipated that one Referee would be appointed and that the Referee would hear only matters relating to parking, although the proposed Article does allow the Judge to refer other matters to the Referee as he deems appropriate. 14. Hearing and First Reading_ of Ordinance No. 169, 1983, Transferring Revenue snaring Funds to the Parks Maintenance Division Budget for the Purchase of a Portable Cleaning Unit for the Downtown Area. The ongoing maintenance and cleanliness of Downtown is of prime concern to the City. Our areas of responsibility need to be main- tained to the best of our ability. In order to aid us in trying to accomplish this goal, we have identified the need for a portable cleaning unit which will allow us to provide a more thorough and complete job of maintenance. This particular cleaning unit will be used to keep the Downtown canopies, planter walls, plazas, and intersection corners clean. 15. Hearing and First Reading of Ordinance No. 170, 1983, Authorizing the City Manager to Enter into an Agreement with Fairways Marketing Corporation for Fairway Markers Signs at Collindale Go Course. In October, 1982, Parks and Recreation received a conceptual proposal from Fairways Marketing Corporation (FMC) of Denver, to provide Collindale Golf Course with top-quality wooden marker signs at each tee box, showing a diagram of each hole to be played. Each sign will generally depict the dimensions, topography, size of hazards and their location, boundaries, greens, tees, etc., of each hole, as well as list the tee to green distances for Men's and Women's par and handi- caps, as necessary. FMC also sells advertising space on each sign, which is a 10" x 14" x 5/8" sponsorship plaque displayed on the face of the fairway marker. All advertisements are thoroughly reviewed by staff and approved individually, and must be in good taste, non - suggestive, above moral reproach and non -offending to the decency of the community. The City has the right to give final approval as to the choice of sponsors. 16. Hearing and First Reading of Ordinance No. 171, 1983, Annexing Ap- proximately 18.2 Acres Located South of Drake Road and East of Taft i Roa Known as the springbrook Annexation. The applicants, C.M. Burchfield, P.M. O'Donnell, and F.L. Jaerger, are seeking to annex an "L" shaped piece of property approximately 18.2 -199- December 20, 1983 acres in size located at the southeast corner of West Drake Road and South Taft Hill Road. This annexation achieves its one -sixth con- tiguity requirement with the boundaries of the City of Fort Collins through a common boundary along West Drake Road. This annexation is a voluntary annexation in that 100% of the land- owners in the area are in agreement with the annexation. 17. Hearing and First Reading of Ordinance No. 172, 1983, Zoning Approxi- mately 6.38 Acres B-P, PlannedBusiness, and 11.82 Acres -P, Planned Residential, Located South of Drake Road and East of Taft Hill Road Known as the Springbrook Annexation Zoning. The applicants are seeking to zone an "L" shaped piece of property approximately 18.2 acres in size located at the southeast corner of West Drake Road and South Taft Hill Road. The requested zoning is for B-P, Planned Business, for the corner property, approximately 6.4 acres in size, and for R-P, Planned Residential, for the flanking pieces of property to the south, approximately 5.7 acres, and to the east, approximately 6.1 acres. The property requesting B-P zoning is owned by P.M. and F. O'Donnell. Of the properties requesting R-P zoning, the one to the north is owned by E.L. and J.E. Jaerger, and the one to the east is owned by Charles M. and V. Maxine Burchfield. 18. Hearing and First Reading of Ordinance No. 173, 1983, Annexing Ap- proximately 183.1 Acres Located North of County Road 2 and East o County Road Known as the Country Club NorthFirst Annexation. The applicants, Ashland Feeders, Inc., are seeking to annex a trian- gular piece of property approximately 183.1 acres in size located north of County Road 52 and east of County Road 11. The eastern boundary of the property is the Windsor Reservoir and Canal Co. No. 8 Reservoir Outlet Ditch. This annexation achieves its one -sixth contiguity requirement with the boundaries of the City of Fort Collins through a common boundary with the Country Club East Annexation. 19. Hearing and First Reading imately 181.3 Acres Located Road - ransitiona an County Road 52 and West of Residentia , Known as the ( of Ordinance No. 174, 1983, Zoning App North of County Road 52 and East of Co Approximately 1.8 Acres Located Nort County Road R-L-P, Low Density P a ountry Club North First Annexation Zon The applicants are seeking to zone a triangular piece of property approximately 183.1 acres located north of County Road 52 and east of County Road 11. The eastern boundary is the Windsor Reservoir and Canal Co. No. 8 Reservoir Outlet Ditch. The requested zoning is -200- 1 I IDecember 20, 1983 T-Tran sitional, owned by Ashland Feeders, Inc., and, for a small 1.8 acre piece west of County Road 52, R-L-P, Low Density Planned Resi- dential, owned by Max R. Hoffman. 20. Hearing and First Reading of Ordinance No. 175, 1983, Annexin proximately cres Locate Nort o County Roa Ric ards Road and West of County Road 11, Known as the Country Club Second Annexation. The applicant, M. R. Hoffman, is seeking to annex approximately 247.4 acres located north of County Road 52 (Richards Lake Road) and west of County Road 11. This annexation will achieve its one -sixth contiguity requirement with the boundaries of the City of Fort Collins when the City Council approves the Country Club North First Annexation. 21. Hearing and First Reading of Ordinance No. 176, 1983, Zoning Approxi- mately 247.4 Acres R-L-P, Low Density Planned Residential, Locate North of County Road Ric ar s Lae Road and West of County Road 11, Known as the Country Club North Second Annexation Zoning. The applicant, Max R. Hoffman, is seeking to zone approximately 247.4 acres located north of County Road 52 and west of County Road 11, R-L-P, Low Density Planned Residential. 22. Hearing and First Reading of Ordinance No. 177, 1983, Vacating a Portion of an Access and Uti ity Easement in T e Pier. On November 21, 1983, the Planning and Zoning Board approved an amendment to The Pier, a P.U.D. at the corner of Boardwalk and Har- mony. The amendment is for a convenience store and gas station. The tanks for the gas station are to be located in an existing access and utility easement. Since no structures are allowed to be constructed in an easement and since the utilities have indicated no problems with the vacation of this portion of this easement, the owners are re- questing the vacation. 23. Hearing and First Reading of Ordinance No. 178, 1983, Vacating a Utility Easement and Accepting a Rededication of a Utility Easement in Silverplume P.U.D. Due to a change in the building footprint, the developer was unable to install water mains in an easement as dedicated with the original recorded plat of Silverplume P.U.D. The developer has dedicated and recorded a revised easement centered ' on the water main as installed and is, therefore, requesting the original dedicated easement to be vacated. -201- December 20, 1983 24. Hearing and First Reading of Ordinance No. 179, 1983, Vacating certain Utility Drainage and Access Easements an Portions of Southridge Greens Boulevard in Fairway II at Southridge Greens P.U.D. The developer of Southridge Greens P.U.D. has amended "Fairway II" and has also platted "The Front Nine" and Mail Creek Village of which have caused Southridge Greens Boulevard alignment to be moved slight- ly. This, in turn requires portions of Southridge Greens Boulevard as well as portions of Drainage, Access and Utility Easements to be vacated. The required Easements and Right of Way are dedicated by the Recording of the amended plats for Fairway II, Front Nine Plat, and Mail Creek Village. 25. Resolution Authorizing the City to Enter into an Agreement of Sale and Purchase for a 1.54 acre Electrical Substation Site in t e Linden Tech Center near the intersection of Linden Street and E. Vine Drive). The Fort Collins Light and Power Utility's long range plan to serve projected customer needs within the urban growth area requires an ' expansion of the substation currently located at the old power plant. Since physical obstacles at the power plant site preclude the expan- sion at its present location a new site must be obtained. The Utility staff selected the site now under consideration as the best option available. The property is currently owned by Phyllis Mattingly. After extensive negotiation, it is recommended that the City purchase the subject 1.54 acre substation site, for $108,000 in accordance with the Agreement for Sale and Purchase. 26. Resolution Authorizing the Mayor to Enter into an Intergovernmental Agreement with Loveland and the Fort Collins -Loveland Airport Au- thority. At the time of the creation of the Fort Collins -Loveland Airport Authority, it was anticipated that the Cities of Fort Collins and Loveland would lease to the Airport Authority all of the property known as the Fort Collins -Loveland Airport. The Airport Authority would, then, commence its active management of the Fort Collins - Loveland Airport subject to the limitations of the Lease. The contents of the proposed Lease have been discussed at several meetings of the Airport Authority. After extended negotiation, the terms have been settled and this Lease is proposed for acceptance and approval by the Cities and the Airport Authority. ' -202- I December 20, 1983 27. Resolution Making Findings on the Appeal of the Planning and Zoning Board Decision Relating to the Fox Meadows -Complex I PUD - Pre 1minary PT -an. The Planning and Zoning Board gave approval to the preliminary plan of Fox Meadows Complex I PUD at their October meeting. Neighboring citizens appealed this decision to the Council which reviewed the Planning Item on December 6th. Following review of the project, Council reversed the decision of the Planning and Zoning Board on the basis that the project lacked social compatability as a requirement of the "All Development Criteria" as set forth in the Land Development Guidance System. This Resolution sets forth those findings. 28. Resolution Concerninq Raw Water Requirements. Within the last few years the City of Fort Collins, the Fort Collins - Loveland Water District and the East Larimer County Water District have organized steering committees which have met regularly in an effort to promote continued cooperation between the entities and to work together to solve mutual problems and concerns. Early in 1983 ' these groups recognized the need to develop raw water requirements which were consistent, or at least compatible, in order to avoid wide variations in requirements, especially within fringe areas and annexed areas served by the Districts. A`joint study group made up of representatives from the three entities began an extensive study. The creation of a raw water requirement (RWR) which was consistent among the entities was the primary goal. The study group worked to produce a RWR proposal which would be simple to understand and easy to use. The new raw water requirement concept has been reviewed and approved by the Joint Steering Committee, the Fort Collins Water Board, the ELCO Water District Board, and the Fort Collins -Loveland Water Dis- trict Board. 29. Resolution Authorizing the City Manager to Enter into an Agreement with the Humane Society. The City of Fort Collins has contracted with the Humane Society of Larimer County for the last two years. The service from the Humane Society has been acceptable. The level of service in the City has ' been consistent and adequate. The animal control officers are pro- fessional and the complaints from citizens have been minimal. The -203- r December 20, 1983 dedication of the people associated with the Humane Society has been impressive. Through the Humane Society, the animal control officers enjoy a public support that was lacking when the program was under the City. Quite simply, animals are their only business and it shows in their single-minded dedication. This contract is a repeat of both the 1982 and 1983 contracts in services provided. There is an increase of $9,770 for a total con- tract of $106,870. The total contract figure is still well within the range of costs that make the offer cost effective. 30. Resolution Setting Forth the Policy of the City Regarding Municipal Swimminq Facilities. During recent meetings between the City Council and the School Board, the Council had requested that the Board decide by December 1 whether they would agree to having a mediator assist both parties in deciding the School/Pool dispute. On November 28, 1983, the Board voted 7-0 to turn any further disputes over to their attorney. Following this action, Council met in Exe- cutive Session and directed the administration to prepare a policy statement regarding Swimming Facilities for the community, present and long term. This resolution sets out the City's policy. 31. Resolution Acceptinq Easements in the Fairbrooke S.I.D. The construction of public streets and utilities in the Fairbrooke P.U.D. requires the dedication of certain easements. Since these public improvements are being constructed through a Special Improve- ment District, it is appropriate to have those easements dedicated and recorded at this time. Staff recommends approval of this routine item. 32. Routine Easements. The following are routine powerline easements which have been reviewed and approved by the Light and Power Department and legal staff: Powerline easement from Old Town Associates Ltd., located at 223 Linden Street, needed for the construction of an underground powerline to serve Linden Square Phase I in Old Town. The con- sideration for this 210 sq. ft. easement is $1. -204- December 20, 1983 b. Powerline easement from Ronald A. Wykstra, located at 261 Linden Street, for the purpose of construction of an underground Power - line to serve the remodeling of the Summers Building in Old Town. This easement is 36 sq. ft. , and the consideration paid is $1. c. Powerline easement from International Investment and Management Corporation, which is located at 1606 South Lemay. This 63 sq. t easement is for the construction of a powerline to service Park Central PUD. The consideration is $1. d. Powerline easement from Dueck Developments, Inc., located at East Trilby Road and South Lemay. This easement is or construction of a powerline to serve the annexed area in the vicinity of Trilby and Lemay. The size of this easement is 181,833 sq. ft. for a consideration of $1. Ordinances on Second Reading were read by title by Wanda Krajicek, City Clerk. Item #5. Second Reading of Ordinance No. 157, 1983, Vacating a T Construction Easement at the Front Nine at out ri g DIM Item #6. Second Reading of Ordinance No. 158, 1983, Vacating a Portion of an Access, Drainaqe and Utility Easement at Drake Crossina Item #7. Second Reading of Ordinance No. 159, 1983, Rezoning approximately 5.2 acres located at the northeast corner of Haruioo—ny--R—oad an Boardwalk Drive, from R-L-P, ow Density Residential, to B-P, Planned Business(Harmony Presbyterian Church . Item #8. Second Reading of Ordinance No. 160, 1983, Appropriating Prior Year Reserves an Unanticioate Revenue in Various Funds. Item #9. Second Reading of Ordinance No. 161, 1983, Authorizing the Transfer of Appropriated Amounts Between Capital Projects for Street iaht Conversions. Item #10. Second Reading of Ordinance No. 162, 1983, Appropriating Funds from Prior Year eserves in t e Par ing un or t e e erson Street Parking Lot Capital Project. Item #11. Ordinances Relating to the Salaries of the City Attorney, Ci -205- December 20, 1983 A. Second Reading of Ordinance No. 163, 1983, Fixing the Salary of the City Attorney. B. Second Reading of Ordinance No. 164, 1983, Fixing the Salary of the City Manager. C. Second Reading of Ordinance No. 165, 1983, Fixing the Salary of the Municipal—, udge. Ordinances on First Reading were read by title by Wanda Krajicek, City Clerk. Item #13. Hearing and First Reading of Ordinance No. 167, 1983, Creating a Municioal Court Referee. Item #14. Hearing and First Reading of Ordinance No. 169, 1983, Trans- ferring Revenue Sharing Funds to the Parks Maintenance Division Budget for the Purchase of a Portable Cleaning Unit for t e Item #15. Hearing and First Reading of Ordinance No. 170, 1983, Authorizing ' the City Manager to Enter into an Agreement with Fairways Mar et- ing Corporation for Fairway Markers/Signs atCollindale-G-oTf ourse. Item #16. Hearing and First Reading of Ordinance No. 171, 1983, Annexing Approximately 18.2 Acres Located South of Drake Road and East of Taft Hill Road Known as the Springbrook Annexation. Item #17. Hearing and First Reading of Ordinance No. 172, 1983, Zoning Approximately 6-.39--Acres B-P, Planned Business, and 11.82 Acres R-P, Planned Residential, Located South of Drake Road and East of Taft Hill Road Known as the Spring rook Annexation Zoning. Item #18. Hearing and First Reading of Ordinance No. 173, 1983, Annexing Approximately 183.1.Acres Located North of County Roa an East of County Road Known as the Country Club North First Annexation. Item #19. Hearing and First Reading of Ordinance No. 174, 1983, Zoni Approximately Acres Locate Nort of County Road a ast o ounty oa - ransitiona an pproximate y cr Locatea Nortn or Uounty Koaa 5K ano west or county Koaa I K-L-V, Low Density Planned Residential, Known as the Country Club North First Annexation Zonina. 11 -206- Item #20. Hearing and First Readir Approximately 247.4 Acres ards Lake Road and West Club North Secon Annexati Item #21. Hearin coning. Item #22. Hearing and First Readi Portion of an Access and December 20, 1983 of Ordinance No. 175, 1983, Annexing )cated North of County Road (Rich - County Road 11, Known as the Country of Ordinance No. 177, 1983, Vacating a i ity Easement in The Pier. Item #23. Hearing and First Reading of Ordinance No. 178, 1983, Vacating a Uti ,ty Easement and Accepting a Rededication of a Utility Easement in Si verp ume P.U.D. Item #24. Hearing and First Reading of Ordinance No. 179, 1983, Vacating certain Uti ity Drainage an Access Easements and Portions o Southridge Greens Boulevard in Fairway II at Southridge Greens P.U.D. Councilmember Rutstein made a motion, seconded by Councilmember Elliott, to adopt and approve all items not removed from the Consent Calendar. Yeas: Councilmembers Clarke, E1"liott, Horak, Knezovich, Ohlson, and Rutstein. Nays: None. (Councilmember Stoner abstained) THE MOTION CARRIED. Ordinance Adopting 1984 Pay Plan Adopted on First Reading Following is the staff's memorandum on this item: "I. 1984 Pay Plan The attached ordinance will implement the 1984 performance pay plan beginning the first pay period in January, 1984. The recommended ordinance continues the City's commitment to the pay philosophy called the upper third. The increases represented in that ordinance are as follows: -207- II December 20, 1983 ' Percent Increase Police 7.5% Fi re 7 .3% Labor/Trades 5.5% Labor/Trades Light & Power 3.1% Clerical/Technical 4% Professional/Administrative/ 3% Technological Overall, this is a 5.4% increase in both salaries and fringe benefits for 1984. The cost of these increases is as follows: Salaries including Benefits $ 965,842 (except increased medical cost) Increased Medical cost (17% increase) $ 168,868 TOTAL $1,134,710 The total budgeted payroll costs for 1983 for all FTE personal ser- vices (this excludes such things as overtime, hourly costs, etc.) was $21,191,149. These personal costs added to this 1983 figure will equal a new personal service cost of $22,325,859. This represents the 5.4% increase. The General Fund personal service costs will increase by $459,740. Earlier this year, Council discussed the potential for a 5% cap on salaries and benefits for January, 1984 with the balance of the upper third to be implemented in April of 1984. Staff is recommending adoption of the entire upper third because of the minimum extra amount needed to implement the entire upper third pay plan. The difference in cost between a 5% plan for salaries and benefits and one that implements the recommended 5.4% plan is $45,388. This difference is $18,390 to the General Fund. We feel this difference is minimal compared to the administrative time, staff time and data processing time that must be devoted to implementing two pay plans in one year. By implementing in January, 1984 we will be saving money. Performance Indicator System In 1979 the City implemented the upper third/performance based pay plan so the City could demand more from its employees and reward ' productivity. At that time, the City Council believed that this I December 20, 1983 system would produce a more productive operation. In 1981 and again in 1982 a study was conducted and to compare our operations to those of other comparable cities. While these studies showed significant gains and a very favorable comparison, it was still felt that more was needed. The Performance Indicator System allows us to take a pro -active look at what we do and how well we do it. The attached document identifies the key functions of each work unit. For the work unit to do well, it must do a good job at these functions. It cannot be judged to have quality if it does ancillary tasks well, but does not produce in its key functions. This manual is designed to begin to measure these elements. The ultimate result of this document is as a goal setting technique. The document defines what we do and how well we do it. We can then begin to establish targets for improvement using this baseline data. The achievement of these targets and the comparison of our output against those of comparable cities will then give Council a tool which Council can then use to make pay and benefit decisions. This will allow the Council to make pay and benefit decisions based on hard data and results which are predicted proactively rather than after the ' fact." Councilmember Clarke made a motion, seconded by Councilmember Rutstein, to adopt Ordinance No. 180, 1983, on First Reading. Director of Employee Development Mike Powers gave an overview of the 1984 Pay Plan noting staff was proposing the City go ahead with the full upper third plan. Councilmember Ohlson asked if there were plans for pursuing a comparable pay for comparable worth pay plan. Director of Employee Development Powers replied the economy and budget constraints were making it difficult to explore that philosophy and in addition, noted personnel departments all over the country were watching the litigation in Washington state that may define comparable worth. He added staff was planning a classification and pay study next year that would include asking professionals to examine comparable worth, define it, and identify costs associated with implementing such a philosophy. Director of Employee Development Powers explained the performance indica- tors noting they were designed to measure and evaluate employee performance as work units. Councilmember Clarke stated he was pleased to see the performance indicator system as a part of the overall pay plan. -209- December 20, 1983 The vote on Councilmember Clarke's motion to adopt Ordinance No. 180, 1983 on First Reading was as follows: Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. Ordinance Providing for the Issuance of Industrial Development Revenue Bonds (IDRB's) for The Lakes Building Partnership Project in the Principal Amount of $450,000 Adopted as Amended on Second Reading Following is the staff's memorandum on this item: "On November 1, 1983, the Council passed Resolution 83-188, inducing The Lakes Building Partnership to acquire land and construct a facil- ity to house the Seven Lakes Recovery Program which is concerned with the treatment of alcoholism and other substance dependency problems. This Ordinance which was unanimously adopted on First Reading on December 6 ' will issue the IDRB's in accordance with the Inducement Resolution. Since adoption of First Reading, bond counsel has indicated it will be necessary to make several minor amendments to this ordinance prior to adoption on Second Reading. The amendments would reduce the principal amount of the issue to $400,000 and make changes to the amortization schedule. Copies of the amended ordinance are being sent under separate cover." Councilmember Elliott made a motion, seconded by Councilmember Rutstein, to adopt Ordinance No. 166, 1983 on Second Reading. Dave Dwyer, bond counsel, detailed the proposed amendments that had been previously distributed. Councilmember Clarke made a motion, seconded by Councilmember Rutstein, to amend the Ordinance as described by Mr. Dwyer. The vote on Councilmember Elliott's motion as amended was as follows: Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. -210- 1 1 December 20, 1983 Resolution Setting Forth the Intent of the City to Issue Industrial Development Revenue Bonds for DKW Partnership, Adopted Following is the staff's memorandum on this item: "The DKW Partnership submitted an application for an IDRB Inducement Reso- lution in the amount of $1,400,000 inducing the partnership to purchase and renovate existing commercial space in downtown Fort Collins. The Classic Building project will entail the acquisition of a property known as the Classic Building, located at 151 South College in Downtown Fort Collins. The building sits on the north side of Oak Street Plaza, with 100 feet of frontage along the west side of College Avenue. It contains 25,400 gross square feet on two levels, plus 5,800 square feet of raw land presently used for parking. There are currently two tenants in the building - La Cay Fabrics and the Mountain Bell Retail Center. Both will vacate soon, creating a totally vacant structure. The proposed development program is to renovate the building for use as a multi -level retail facility accommodating up to 20 specialty retail shops. A mall -like corridor will connect the private parking area and two adjacent public parking lots to College Avenue. A large skylight atrium will daylight both main levels. Shops on the south will open directly onto Oak Street Plaza; colorful awnings will extend the marketplace atmosphere established by the neighboring Oak Street Place project." Mayor Knezovich asked the record to show he did not participate in the discussion or vote on this item. Dave Dwyer, bond counsel, introduced Ray Dixon, who represented the part- nership. Mr. Dixon spoke of his commitment to the vitality of the downtown and expressed his hopes that this project would receive Council support. Councilmember Clarke made a motion, seconded by Councilmember Rutstein, to adopt Resolution 83-215. Councilmember Ohlson expressed his opinion that the IDRB criteria and guidelines were too liberal and requested those guidelines be reviewed and possibly revised. Jim Woods, consultant on the project, spoke to the effect this retail competition would have on existing retail space in the downtown. He noted -211- December 20, 1983 ' the project adds to and complements the existing base downtown by generat- ing additional foot traffic and creating the intensity of space needed for a successful project. The vote on Councilmember Clarke's motion to adopt Resolution 83-215 was as follows: Yeas: Councilmembers Clarke, Elliott, Horak, Ohlson, Rutstein, and Stoner. Nays: None. (Mayor Knezovich withdrawn) THE MOTION CARRIED. Resolution Setting Forth the Intent of the City to Issue Industrial Development Revenue Bonds for Sampson Partnership, Adopted Following is the staff's memorandum on this item: "The Sampson Partnership submitted an application in the amount of $1,500,000 to the City for an Inducement Resolution inducing the partner- ship to acquire, construct, and equip an office and light manufacturing facility for the purpose of leasing the facility to Value Plastics, Inc. of Fort Collins. The facility will be located on a two acre site in Timberline Office Park at the corner of Eastbrook Drive and Danfield Court in Fort Collins. It will be a three-story office and manufacturing building of approximately 24,000 square feet and will operate on a 24-hour basis. The building is of adequate size to accommodate value Plastics' growth over its present levels of operation. Value Plastics is a 15-year-old company which designs, manufactures, and sells miniature tube fittings. Value Plastics now ships to all of the lower 48 states and most European countries. The company has been located in several other Colorado Communities." Councilmember Elliott made a motion, seconded by Councilmember Stoner, to adopt Resolution 83-216. Kent Sampson, president of Value Plastics, described the project and the future uses of the building. He noted his company would expand without the issuance of these bonds, but it would be a smaller expansion. Dave Dwyer, bond counsel, spoke to the original purpose and philosophy of IDRB's, adding this financing was available to both new and existing local applicants. I -212- IDecember 20, 1983 The vote on Councilmember Elliott's motion to adopt Resolution 83-216 was as follows: Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. Resolution Concerning Raw Water Requirements, Adopted Following is the staff's memorandum on this item: "Within the last few years the City of Fort Collins, the Fort Collins - Loveland Water District and the East Larimer County Water District have organized steering committees which have met regularly in an effort to promote continued cooperation between the entities and to work together to solve mutual problems and concerns. Early in 1983 these groups recognized the need to develop raw water requirements which were consistent, or at least compatible, in order to avoid wide variations in requirements, especially within fringe areas and annexed areas served by the Districts. A joint study group made up of representatives from the three entities ' began an extensive study which has resulted in two detailed reports and a summary report. The summary report is attached for your review. During the process the study group presented interim reports to the joint steering committee. Through these interim presentations, the study group was able to seek guidance and input into the project. The study group first began the project by addressing residential require- ments in a report finalized in August and then proceeded to address com- mercial requirements for which the final report was completed in early December. The creation of a raw water requirement (RWR) which was consistent among the entities was the primary goal. However, in achieving the steering committee's intent it was also necessary to consider equity among the users and provide a plan with the flexibility to meet the unique needs of the individual entities. These goals required the utilization of long range planning concepts and sound engineering principles. The study group worked to produce a RWR proposal which would be simple to understand and easy to use. The new raw water requirement concept has been reviewed and approved by the Joint Steering Committee, the Fort Collins Water Board, the ELCO Water District Board, and the Fort Collins -Loveland Water District Board." Councilmember Horak made a motion, seconded by Councilmember Elliott, to ' adopt Resolution 83-211. -213- December 20, 1983 1 Councilmember Horak spoke on the significance of the Resolution, noting the Resolution was designed to insure cooperation between other governmental entitites and provide the lowest cost water for persons in the Fort Collins area. He added the Resolution was a positive step towards intergovern- mental cooperation and complimented the staff of the various entities for their efforts. The vote on Councilmember Horak's motion to adopt the Resolution was as follows: Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. Resolution Setting Forth the Policy of the City Regarding Municipal Swimming Facilities, Adopted as Amended Following is the staff's memorandum on this item: "During recent meetings between the City Council and the School Board, the Council had requested that the Board decide by December 1 whether they would agree to having a mediator assist both parties in deciding the School/Pool dispute. On November 28, 1983, the Board voted 7-0 to turn any further disputes over to their attorney. Following this action, Council met in Executive Session and directed the administration to prepare a policy statement regarding Swimming Facilities for the community, present and long term. The attached resolution sets out the City's policy as follows: 1. That the City will seek funds through a finalized Capital Improve- ment Program to commence construction of a new indoor pool. 2. The City will continue to operate the existing pool in a manner that protects the health, safety and welfare of the citizens of Fort Collins. If at any time the operation of the pool is deemed not to be operable in a safe manner without major renovation costs, the City will evaluate the use of the site for other park or recreation purposes, consistent with the 1973 agreement between the City and the District. 3. The City will periodically, no oftener than monthly but at least quarterly, compute the additional operational, maintenance and repair costs it incurs on account of the School's use of the pool and bill such amounts to the School. ' -214- December 20, 1983 4. Regardless of the School's commitment to share equitably in the costs of operating the existing pool facility, the City will continue to provide swimming facilities and quality aquatics programs for the taxpayers of the community." Councilmember Clarke made a motion, seconded by Councilmember Ohlson, to adopt Resolution 83-213, amending paragraph 1 to add the phrase "or other funding sources" after the words "capital improvements program". Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. Resolution Setting Forth the Intent of the City to Issue Industrial Development Revenue Bonds for John Q. Hammons, Adopted Following is the staff's memorandum on this item: "John Q. Hammons submitted an application for an IDRB Inducement Resolution in the amount of $9,800,000 inducing Mr. Hammons to construct a hotel and convention center in Fort Collins. The project is intended to be developed as a hotel/conference center with 256 hotel rooms on nine floors. Approximately 60 rooms (27% - 30%) will consist of suites to accommodate the perceived market by business in- terests. A gourmet restaurant, game room, coffee shop, night club, lounge, and retail shops will be located on or adjacent to the ground floor. The conference center, with seating for 1,000 persons occupies the south half of the complex and is designed to accommodate a wide range of conference activities including large and small events. The conference center will be designed to have the ability to sub -divide into three to four smaller rooms and serve dinner to multiple parties simultaneously. Additional break-out rooms, accommodating up to 50 persons, will be located around the lobby. The hotel will have a national affiliation with Holiday Inns. There will be approximately 410 parking spaces surrounding the facility, with landscaping consistent with city planning, and two major entrances into the hotel. The entrance points lead to a dramatic nine -story high atrium around which the 256 rooms are arranged. John Q. Hammons will build and own the project. The facilities will be operated by John Q. Hammons Management Company of Springfield, Missouri. Construction of the project is scheduled to commence March 1, 1984 and is expected to be completed by September, 1985. The project is located on seven acres approximately three blocks west of South College Avenue, at the intersection of West Prospect Street and Center Avenue." -215- December 20, 1983 1 Councilmember Clarke made a motion, seconded by Councilmember Stoner, to adopt Resolution 83-217. David Wood, attorney representing the applicant, noted the inducement Resolution was site specific and restricted to the 7-acre site on West Prospect and Center Avenue. Additionally, the Resolution would expire in one year. The following persons spoke to this issue: 1. Gene Mitchell, 3555 Stanford, urged denial or deferral of the Resolution, stating he did not feel the project was compatible with the neighborhood and did not belong on that site. 2. Alan Apt, 2301 Sheffield, opposed the hotel at that location. 3. Bob Bisetti, 607 Strachan Drive, favored a downtown location for a hotel, citing transportation problems with the West Prospect site and noting the downtown was the location of shopping and many restaurants. 4. Dick Albrecht, Executive Vice -President of the Chamber of Com- merce, noted the question was whether the City IDRB criteria were being met, not the site. 5. Norman Munn, Fort Collins resident, urged approval of the Resolu- tion. 6. Barbara Schofield, 1801 Lakeshore Court, criticized the City's current IDRB guidelines and criteria and urged they be reviewed for possible revision. Councilmember Horak addressed the current IDRB criteria and noted they could be viewed differently from person to person. He noted this provided needed flexibility in reviewing the proposals. Councilmember Ohlson spoke about the original intent of the law and how it had evolved. He noted he would oppose the Resolution since he felt Mr. Hammons was able to secure financing through another mechanism. Councilmember Rutstein spoke of information she had recently received regarding IDRB criteria. She noted she disagreed with the City's current guidelines and suggested staff review them. Councilmember Elliott noted he supported the project. He added he felt Fort Collins needed a hotel and the boost to the economy the new jobs would bring. -216- December 20, 1983 Councilmember Clarke noted it would be difficult for him to reject this proposal because it was not in the downtown area since the Council has gone on record approving projects not located in the downtown. He pointed out the people at CSU had a major need for hotel facilities since many semi- nars, classes, and other activities are held on the campus. Councilmember Stoner stated he would rather have the hotel downtown, but could not discourage competition in another area. He noted he would support the Resolution in order to be consistent with other actions Council has taken on inducement Resolutions. Mayor Knezovich noted Council has always acted favorably on inducement Resolutions. He urged Council to support the Resolution to keep options open. The vote on Councilmember Clarke's motion to adopt Resolution 83-217 was as follows: Yeas: Councilmembers Clarke, Elliott, Knezovich, and Stoner. Nays: Councilmembers Horak, Ohlson, and Rutstein. THE MOTION CARRIED. Public Hearing on A-B Air Quality Permit The following persons spoke at this hearing: 1. Dave Erickson, 924 West Oak, made comments relating to acid rain and acid air. 2. Tom McKenna, 3500 Rolling Green, spoke in opposition to the location of the A-B brewery in Fort Collins because of the tax- payers subsidies, the breaking of the agreed upon UGA boundary, the destruction of 1300 acres of prime farm land, the 3 billion gallons of water used annually, and the air pollution problems. 3. Dale Maxey, 1512 Shadow Mountain Court, Quality of Life Coalition Steering Committee, spoke against the location of the brewery in Fort Collins because of air pollution concerns. 4. Alan Apt, 2301 Sheffield Drive, spoke of the cumulative effects all industries in the area would have on visibility. He suggested setting local standards specific to industries and also defining under what conditions A-B will be allowed to burn fuel oil. 5. Steve Zary, 618 Remington, expressed concerns about the increased vehicular emissions caused by the additional traffic the brewery would generate. -217- December 20, 1983 ' Mayor Knezovich declared the public hearing to be closed and then read a statement submitted by the League of Women Voters regarding the issue. Jerry Blehm, EQUATAC member, clarified EQUATAC's recommendation with regard to S02 emissions. John Stier, Anheuser-Busch, commented on the standards for nitrogen oxides noting the federal standards are in the process of being developed and keep changing. He added the A-B application was based on their best guess for federal NOx standards. Dean Push, Radion Corporation, summarized the impact of all industries switching from natural gas to fuel oil. He stated the concentration arrived at through modeling was 130 micrograms located approximately .5 kilometers from CSU's boiler stack. Dick Pearson, EQUATAC member, commented on the NOx emissions, noting they were produced by essentially any process that involves combustion. He noted the emissions could be significantly reduced by installing the technology at the time the boilers are installed. Mayor Knezovich declared the public hearing closed at 10:30 p.m. Resolution Authorizing the City Manager ' to Enter into a Lease Agreement with Larimer County Community Services Corporation, Adopted Following is the staff's memorandum on this item: "Various social service organizations have been active since last fall putting together a program .that would provide a joint use facility for many of the agencies involved. Although the group's original concern was to find a way to provide a facility for United Day Care, it quickly became evident that they could solve a much bigger community problem if they expanded their idea to building a single use facility for several organizations. Discussions with representatives of agencies, municipal and County departments and concerned citizens resulted in a plan that would serve these agencies and offer greater services to the community. The Larimer Community Services Corporation (LCSC) was then formed as a non-profit corporation to coordinate the construction of a human services facility in the community. The LCSC is proposing that a 20,000 square foot facility be built to house various human service agencies. A co -location of these agencies offers efficiencies of shared conference rooms, storage, easier referrals and ' efficient utilization of resources. These savings can ultimately be -218- 1 December 20, 1983 returned to the community in increased services. A survey of the United Day Care clients and participating agencies indicated that a site in north Fort Collins would serve the clients. The City Council previously approved $132,000 of CDBG funds to be used as seed money in a fund raising effort. The total estimated cost of the Larimer Community Services Center is $1 million. Coordination of fund raising efforts has been proceeding in several areas. The LCSC is now asking the City Council to consider the donation of a site in Riverside Park for the facility. The Corporation would pursue the purchase of a lot held by a third party at the dead end of Pine Street to incorporate into the site. This location offers several advantages in addition to cost effective delivery of human services, day care, additional downtown employment, an opportunity for shared parking and increased activity in the park. .N The staff supports the LCSC request on this site but not as a donation. We would rather offer a long-term lease with a reverter clause if the facility is ever converted to some other use. This allows us to maintain control of the site and not violate any charter limitations that deal with the do- nation of land or money. The attached resolution is put together as a lease. The Parks and Recreation staff and the Parks and Recreation Advisory Board have reviewed this item. Their recommendations are attached." Councilmember Horak made a motion, seconded by Councilmember Clarke, to adopt Resolution 83-218. Lyn Boyer, Larimer County Community Development Department, noted her organization had no problem with the lease concept rather than a donation. The vote on Councilmember Horak's motion to adopt Resolution 83-218 was as follows: Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. Ordinance Appropriating Excess Revenue Transferred from Sales and Use Tax Fund and Prior Year Reserves in the Capital Projects Fund for Renovation of Old City Hall, Tabled to January 3, 1984 I Following is the staff's memorandum on this item: -219- I December 20, 1983 "City Hall East has been undergoing remodeling and reconstruction for the past year and one half. As work proceeded in the asbestos abatement program, electrical problems were identified when the ceiling tiles and light fixtures were removed. Circuit loading, identification and use of conductors, loading of conduits, and exposed computer and communication cables do not meet the current codes. Because those current codes are health and safety related, we need to take steps to correct these elec- trical problems. There are a number of ways we might proceed. The attached memo from Jack Gianola outlines four options. The "do nothing" option is the only one which is totally unacceptable, because matters of health and safety are in- volved. The other three options address that concern. I believe Option "A" does it in a way which makes the best long term sense. Initially it is the most expensive option, but it also makes the building most serviceable. Option A provides for the total remodeling of the facility for the Police and Finance Departments, it will provide for relocation of the elevator and the replacement of doors and remodeling of restrooms to make the entire building accessible to the handicapped. It relocates the communications center, which is cheaper than trying to retrofit the electrical system. And, option A makes use of our space needs study to design a "working ' facility" for police operations. Indications are that the police will be occupying the facility for some time to come, so it makes sense to get the productivity benefits from the full renovation as soon as possible. Option B addresses the need to move the communication center, brings the electrical system up to the new code standards, and creates additional office space in the old council chamber. It is a good medium range solu- tion, but because we have the opportunity to do the job that needs to be done, I believe we should go with option "A". I'm concerned that option "B", the mid -range solution, will force us to come back in a couple years to make the building handicapped accessible and to address the remaining space needs. That sounds much like putting down new pavement on a street then tearing it up again for something we should have fixed in the first place. I think option "A" does it right the first time. Option "C" is a quick fix. It gets us into compliance with the new codes, but it would require reworking, at a higher cost, in the near future. This option only makes sense if the City absolutely can not afford to make the other changes now. ' -220- December 20, 1983 Recommendation Proceed with Option A - total remodeling for maximum use and extension of the life of the facility for another 20 years. Total Cost $707,300. Funding has been identified and does no harm to other programs." Mayor Knezovich suggested this item might be tabled to allow Councilmembers time to tour City Hall East prior to making a decision. Councilmember Horak made a motion, seconded by Councilmember Clarke, to table this item to January 3, 1984. Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Ohlson, and Rutstein. Nays: Councilmember Stoner. THE MOTION CARRIED. City Manager's Report City Manager Arnold reported on the construction of a temporary ice-skating ' f rink in Lee Martinez Park. He noted the rink would cost approximately $8,000. He suggested Council and staff look at the City's snow removal policies in January and February at a public forum type meeting. He stated the City's policies may need to be "rethought" in light of winter weather conditions nationwide the past few years. Ordinance Creating a Municipal Court Referee, Adopted -as Amended on First Reading Following is the staff's memorandum on this item: "The Municipal Court has for some time been operating with a continually crowded docket and the need for more clerical help than is presently available. Judge Tobin and Bob Lee have determined that the best way of alleviating this problem and insuring that parking violations continue to be prosecuted so as to maintain control over .the parking problems which exist, is to add a new Article to the Code allowing the Municipal Court Judge to appoint Municipal Court Referees. At this time, it is antici- pated that one Referee would be appointed and that the Referee would hear only matters relating to parking, although the proposed Article does allow the Judge to refer other matters to the Referee as he deems appropriate. -221- December 20, 1983 As background information, presently 25% to 30% of the total time spent by Municipal Court clerks on municipal violations is spent dealing with parking tickets. In addition, the Judge hears approximately 18 cases per week related to parking matters. If a Referee were appointed, all in- quiries concerning parking matters and the payment of fines on all parking tickets would be handled by the Transportation Services Department rather than the Municipal Court. If an individual desired to contest a parking ticket, the matter would be set for a hearing in front of the Referee. If desired, there would be no problem with having the Referee hear parking matters at specified times in the Municipal Courtroom or in other rooms in the Municipal Court area. It is anticipated that the Referee would be needed for approximately one hour per week to hear parking matters. The Referee would be paid on an hourly basis, either at a rate determined by Transportation Services or through the bid procedure. The Referee would be paid out of the Transpor- tation Services budget. The cost of the Referee should be less than the cost of hiring additional clerical help for the Municipal Court, an alter- native which is highly likely if the Council decides not to adopt this ordinance. As to the appointment of the Referee, it is anticipated that a committee consisting of Bob Lee, Judge Tobin, and a member of the City Attorney's office would consider candidates and make recommendations to Judge Tobin who would then appoint the Referee." Councilmember Rutstein made a motion, seconded by Councilmember Horak, to adopt Ordinance No. 167, 1983 on First Reading amending the ordinance to omit any reference to duties other than matters relating to parking for the Municipal Court Referee. Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. Ordinance Annexing Approximately 183.1 Acres Located North of County Road 52 and East of County Road 11 Known as the Country Club North First Annexation, Adopted on First Reading Following is the staff's memorandum on this item: "Discussion The applicants, Ashland Feeders, Inc piece of property approximately 183.1 Road 52 and east of County Road II. , are seeking to annex a triangular acres in size located north of County The eastern boundary of the property -222- 1 IDecember 20, 1983 is the Windsor Reservoir and Canal Co. No. 8 Reservoir Outlet Ditch. This annexation achieves its one -sixth contiguity requirement with the boun- daries of the City of Fort Collins through a common boundary with the Country Club East Annexation. This annexation is a voluntary annexation in that 100% of the landowners in the area are in agreement with the annexation. Policies contained in the City's Land Use Policies Plan and City agreements with Larimer County contained in the Intergovernmental Agreement for the Fort Collins Urban Growth Area states that the City will annex property within the UGA when a valid petition is received and such property meets the State of Colorado's statutory requirements for annexation. Staff Recommendation Staff recommends approval of the annexation ordinance. Planning and Zoning Board Recommendation The Planning and Zoning Board, at their regular monthly meeting on November 21, 1983, voted 6-0 to recommend approval of the annexation request. A copy of the Board's minutes are attached." Councilmember Clarke made a motion, seconded by Councilmember Stoner, to adopt Ordinance No. 173, 1983 on First Reading. Councilmember Rutstein expressed her concern about annexations that appear to be far from contiguous development. She asked about development plans for these annexations and about street access for them. Chief Planner Ken Waido replied that the Planning staff was not aware of any development plans on the property. He added he felt their request for T-Transitional zoning was a further indication that there are no imminent plans. He stated the off -site street ordinance addressed the street access question. Councilmember Rutstein noted she felt there was very poor accessibility for both these annexations and did not want a repeat of the South Lemay situa- tion. Chief Planner Waido noted the Master Street Plan would be implemented at the time of the development proposal. Whatever streets that were deemed necessary to handle the development would be required. Councilmember Rutstein noted she would vote against these annexations ' because she did not feel the problem of developing roads to those sites had been addressed. -223- December 20, 1983 The vote on Councilmember Clarke's motion to adopt Ordinance No. 173, 1983 on First Reading was as follows: Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Ohlson, and Stoner. Nays: Councilmember Rutstein. THE MOTION CARRIED. Secretary's Note: Councilmember Ohlson left the meeting at this point. Ordinance Zoning Approximately 181.3 Acres Located North of County Road 52 and East of County Road 11 T-Transitional and Approximately 1.8 Acres Located North of County Road 52 and West of County Road 11 R-L-P, Low Density Planned Residential, Known as the Country Club North First Annexation Zoning, Adopted on First Readi Following is the staff's memorandum on this item: "Discussion The applicants are seeking to zone a triangular piece of property approxi- mately 183.1 acres located north of County Road 52 and east of County Road 11. The eastern boundary is the Windsor Reservoir and Canal Co. No. 8 Reservoir Outlet Ditch. The requested zoning is T-Transitional, owned by Ashland Feeders, Inc., and, for a small 1.8 acre piece west of County Road 52, R-L-P, Low Density Planned Residential, owned by Max R. Hoffman. The T-Transitional zoning district is used for properties which are in a transitional stage with regard to ultimate development. The T-Transitional zone is only applied at the property owner's request. The owner of the property is Ashland Feeders, Inc. There are no uses by -right in the T-Transitional district, except uses on the property on the date the property is placed in the district. The owners of property zoned T-Transitional may request, at any time, the City remove the T zoning and place it into another zoning district. The City must rezone T-Transitional zoned property within sixty (60) days of the matter being considered by the Planning and Zoning Board. The term "transitional" applies only to the property's status in regard to ultimate development. The term is not meant to predetermine a certain type of land use traditionally used in classic zoning theory as a transition between potentially incompatible land uses, for example, medium density ' between low density and high density residential uses. -224- December 20, 1983 The T-Transitional district is the only zoning district in which planned unit developments, as defined by Chapter 118-83, i.e., the Land Development Guidance System, are not a use by right. A small 1.8 acre piece west of County Road 11 is requested to be zoned R-L-P, Low Density Planned Residential. This piece of property's zoning will be described in the discussion of Country Club North Second Annexation Zoning. Staff Recommendation Staff recommends approval of the T-Transitional district without condi- tions, and the R-L-P, Low Density Planned Residential, district conditioned on a planned unit development. Planning and Zoning Board Recommendation The Planning and Zoning Board, at their regular monthly meeting on November 21, 1983, voted 6-0 to recommend approval of the requested zones. The Board also passed the planned unit development condition on the R-L-P property." ' Councilmember Horak made a motion, seconded by Councilmember Clarke, to adopt Ordinance No. 174, 1983 on First Reading. Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich,.Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. Ordinance Annexing Approximately 247.4 Acres Located North of County Road 52 (Richards Lake Road) and West of County Road 11, Known as the Country Club North Second Annexation, Adopted on First Readinq Following is the staff's memorandum on this item: "Discussion The applicant, M. R. Hoffman, is seeking to annex approximately 247.4 acres located north of County Road 52 (Richards Lake Road) and west of County Road 11. This annexation will achieve its one -sixth contiguity requirement with the boundaries of the City of Fort Collins when the City Council approves the Country Club North First Annexation. ' This annexation is a voluntary annexation in that 1001, of the landowners in the area are in agreement with the annexation. -225- December 20, 1983 ' Policies contained in the City's Land Use Policies Plan and City agreements with Larimer County contained in the Intergovernmental Agreement for the Fort Collins Urban Growth Area states tat t e Ity wi I I annex property within the UGA when a valid petition is received and such property meets the State of Colorado's statutory requirements for annexation. Staff Recommendation Staff recommends approval of the annexation ordinance. Planning and Zoning Board Recommendation The Planning and Zoning Board, at their regular monthly meeting on November 21, 1983, voted 6-0 to recommend approval of the annexation request. A copy of the Board's minutes are attached. When this annexation request was considered by the Planning and Zoning Board, the request included approximately 37.6 acres of property owned by Mr. & Mrs. Norman Jewett. The Jewett's have decided not to become a part of the annexation and their property has been excluded from consideration." Councilmember Horak made a motion, seconded by Councilmember Clarke, to ' adopt Ordinance No. 175, 1983 on First Reading. Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, and Stoner. Nays: Councilmember Rutstein. THE MOTION CARRIED. Ordinance Zoning Approximately 247.4 Acres R-L-P, Low Density Planned Residential, Located North of County Road 52 (Richards Lake Road) and West of County Road 11, Known as the Country Club North Second Annexation Zoning, Adopted on First Readin Following is the staff's memorandum on this item: "Discussion The applicant, Max R. Hoffman; is seeking, to zone approximately 247.4 acres located north of County Road 52 and west of County Road 11, R-L-P, Low Density Planned Residential. Since the adoption of the Land Develoment Guidance System, there is essen- tially no difference between the R-L-P, Low Density Planned Residential, and R-L, Low Density Residential, zoning districts. Both zones allow ' -226- December 20, 1983 single family subdivisions or any use processed and approved as a planned unit development. Conditioning property zoned in the R-L-P district to be developed as a planned unit development requires all development proposals on that property to use the Land Development Guidance System. Staff Recommendation Staff recommends approval of the R-L-P, Low Density Planned Residential, zoning with a condition that the property be developed as a planned unit development. Planning and Zoning Board Recommendation The Planning and Zoning Board at their regular monthly meeting on November 21, 1983, voted 6-0 to recommend approval of the requested zone with the conditions recommended by staff. A copy of the Board's minutes are at- tached." Councilmember Horak made a motion, seconded by Councilmember Clarke, to adopt Ordinance No. 176, 1983 on First Reading. Yeas: Councilmembers ' Clarke, Elliott, Horak, Knezovich, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. Other Business Avie Stein, bond counsel of the Old Town Associates, Partners I and II projects, explained the guarantor has requested changes to the bond pur- chase contracts and to the indentures of trust and financing agreements for Partners I and II. Councilmember Rutstein made a motion, seconded by Councilmember Elliott, to approve the form of Bond Purchase Contract, dated December 28, 1983, for old Town Fort Collins Project I. Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. Councilmember Rutstein made a motion, seconded by Councilmember Horak, to approve the form of Bond Purchase Contract, dated December 28, 1983, for Old Town Fort Collins Project II. Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Rutstein, and Stoner. Nays: None. ' THE MOTION CARRIED. -227- December 20, 1983 Councilmember Elliott made a motion, seconded by Councilmember Horak, to approve the changes to the form of Indentures of Trust and Financing Agreements, each dated December 1, 1983, for Old Town Fort Collins Projects I and II. Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Rut- stein, and Stoner. Nays: None. THE MOTION CARRIED. Resolution Authorizing the Mayor to Execute an Employment Agreement Between the City and John E. Arnold as City Manager, Adopted Councilmember Horak made a motion, seconded by Councilmember Elliott, to adopt Resolution 83-219. Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. Councilmember Rutstein to adjourn the meeting. Knezovich, Rutstein, and Adjournment made a motion, seconded Yeas: Councilmembers Stoner. Nays: None. The meeting adjourned at 11:50 p.m. City Clerk Mayo -228- by Councilmember Horak, Clarke, Elliott, Horak, 1