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HomeMy WebLinkAboutMINUTES-01/04/1983-Regular1 January 4, 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, January 4, 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 Council members: Cassell, Clarke, Elliott, Horak, Knezovich, and Wilmarth. Absent: None Staff Members Present: Arnold, Krajicek, Huisjen, Lewis, Waido, Mulligan Agenda Review: City Manager City Manager Arnold stated there were no changes to the agenda. t Mayor Cassell briefly discussed the process involved in selecting the replacement for Peggy Reeves who had resigned effective December 31, 1982. He read Mrs. Reeves' resignation letter and asked for a motion to accept her resignation. Councilmember Clarke made a motion, seconded by Councilmember Elliott, to accept Mrs. Reeves' resignation with thanks for her many years of service. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, and Wilmarth. Nays: None. THE MOTION CARRIED. Resolution Appointing an At -Large Representative to the City Council to Fill the Unexpired Term of Peggy Reeves, Adopted Following is the staff's memorandum on this item: "Provided Council is ready to proceed with this appointment at this meet- ing, the attached Resolution formally appoints the person selected from among six applicants interviewed. On December 30th, Council conducted interviews with the six applicants for the Council vacancy who were selected to be interviewed from the field of 21 applicants. -1- January 4, 1983 The vacancy exists because of the resignation of Peggy Reeves, who has been elected to serve as State Representative for House District No. 47. Her resignation has been submitted, effective December 31, 1982." Councilmember Clarke pointed out he had not been involved in the inter- viewing or decision making process on filling this vacancy and asked to withdraw from this final action. He noted he planned to campaign for one of the at -large seats to be filled at the March 8 election and therefore felt uncomfortable making the decision on Mrs. Reeves' replacement. Councilmember Elliott made a motion, seconded by Councilmember Knezovich, to adopt the Resolution inserting the name of Norman H. Miller in the appropriate places. Councilmember Horak noted that one of the important criterion for him during this process had been his feeling that Council should not be af- fecting the outcome of the March election. Because of that, he stated he had tended to favor candidates who were not intending to run in March. He noted he would not support the Resolution since Mr. Miller had indicated his intent to run in March. Councilmember Wilmarth noted he had questions about the appropriateness of the selection process and hoped to improve it before future vacancies need to be filled. Councilmember Knezovich stated that although the process was very vague, he felt Council had worked together well to find the best person to serve the next two months. The vote on Councilmember Elliott's motion to adopt the Resolution in- serting the name of Norman H. Miller was as follows: Yeas: Councilmembers Cassell, Elliott, Knezovich, and Wilmarth. Nays: Councilmember Horak. (Councilmember Clarke withdrawn) THE MOTION CARRIED. Mr. Miller was then given his oath of office by City Clerk Wanda Krajicek and took his seat as Councilmember. Councilmember Knezovich asked that Items 13 and 15 be withdrawn from the Consent Calendar. Councilmember Wilmarth requested Items 6 and 14 be removed from the Consent Agenda. -2- 1 1 1 January 4, 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 #30, 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. 5. Consider Approving the Minutes of the regular meeting of December 21, On. 6. Second Reading of Ordinance No. 151, 1982 Zoning Property Known As Carpenter/McAleer Annexation. ' This Ordinance was unanimously adopted on First Reading on December 21, 1982. This is a request to zone 101.6-acres, located at the northeast corner of Lemay Avenue and Vine Drive. Present zoning is FA-1, Farming. The applicant is requesting R L P, Low Density Planned Residential zoning. 7. Second Reading of Ordinance No. 161, 1982, Annexing Property Known As Mobile Premix Prospect Road Annexation. This Ordinance was adopted unanimously on First Reading on December 21, 1982. This is a request to annex 154-acres, located north of the Prospect -Timberline intersection, zoned FA-1, Farming, and I -Indus- trial. 8. Second Reading of Ordinance No. 162, 1982, Zoning Property Known As The Mobile Premix Prospect Road Annexation. This Ordinance was unanimously adopted on First Reading on December 21, 1982. This is a request to zone 154-acres I-G, General Indus- trial, located north of the Prospect -Timberline intersection. Staff recommends approval of the Mobile Premix -Prospect Road zoning subject to the site being developed as a PUD, and the Planning and Zoning Board recommended approval of the IG zoning request on a vote of 5-0 subject to the site being developed as a PUD. 9. Second Reading of Ordinance No. 164, 1982, Amending Section 93-15 (B) -3- of the Code of the Ci Storm Drainage Basin F of Fort Collins ees. January 4, 1983 ing the calculation of This Ordinance was adopted unanimously on First Reading on December 21, 1982. The purpose of this ordinance is to make the present method of crediting on -site detention in basin fee calculations more ac- curate. The ordinance provides an adjustment formula to be applied to unusually large or small parcels - sizes outside the range of the present method. 10. Second Reading of Ordinance No. 165, 1982, Revising The Procedure For Appealing Decisions Of Various Boards, Commissions and Authorities to the Council. 11 12 1 This Ordinance was adopted unanimously on First Reading on December 21, 1982. The purpose of this Ordinance is to require detailed minutes rather than a verbatim transcript for appeals to City Council from various Boards and Commission decisions. The tapes of the Board meetings will continue to be available to Council for their review. Also, such tapes would be available to the applicant and the appellant ' should either party choose, at their expense, to have a transcript prepared. Hearing and First Reading of Ordinance No. 1, 1983, Appropriating Unanticipated Revenue in the Capital Projects Fund. On June 1, 1982, $30,000 was appropriated in the Capital Projects Fund for design and installation of an emergency stand-by generator system in Old City Hall for the Police Communications Center. Bids for the project were received in November, and the low bid is $5,500 over the appropriated amount. The increased cost is due to architectural work needed to protect the generator because of its location next to the natural gas meter enclosure adjacent to the new City Hall. An addi- tional $2,500 contingency for unanticipated problems during construc- tion totals $8,000 to complete the project. The City Manager has approved transferring $8,000 from the General Fund Contingency to the project. This Ordinance appropriates the $8,000 in the Capital Projects Fund. Hearing and First Reading of Ordinance No. 2, 1983, Expanding the Downtown Development Authority District to Include Property at 215 Acting on a request from Jack and Elsie Russell, the Downtown Develop- ment Authority passed a resolution on December 16, 1982 recommending -4- F I L January 4, 1983 to City Council the inclusion of the property located at 215 Mathews Street (Lot 5, 132) within the Downtown Development Authority Dis- trict. This ordinance will implement this request and recommendation. This will allow the full development of the Russell property for a major residential project with DDA participation. The remainder of the property faces Remington Street and is currently within the DDA di strict. 13. Resolution Authorizing the Cianty o Managtaer to Enter into an with Care -A -Van to Provi a Trsprtion Services -to Care -A -Van provides transportation services to the disabled, elderly, and economically disadvantaged persons and this service complements the City transportation system. This contract provides the same level of support the 1982 contract provided. Of the total $68,864 contri- bution, $10,500 will come from the General Fund and $58,364 is federal grant money. This is the standard contract which has been renewed yearly. ' 14. Resolution Authorizing the City Manager to Enter into an Agreement with the Associated Students of Colorado State University for the Purpose of Providing AN F ervices. During the last several months, City representatives and representa- tives of ASCSU have been involved in negotiations for a new contract for Transfort services. The parties successfully concluded the nego- tiations when they reached an agreement which would provide for payment of $3.00 per semester for each full-time, fee -paying student attending CSU. In return, the City allows full-time, fee -paying students who present a CSU picture I.D. and CSU Activity Card for the current semester to ride TRANSFORT without further charge. This new agreement, which will provide service from January 20, 1983 to January 20, 1984, will increase the annual revenues received from CSU from approximately $68,000 to approximately $102,000. This increase will be utilized to offset the cost of the expanded TRANSFORT service. 15. Resolution Making Findings Concerning The Expansion Of A Non -Con- forming Use at 811 East Elizabeth Street. On November 22, 1982, the Planning and Zoning Board considered the enlargement of a building containing a non -conforming use. The Planning and Zoning Board recommended to City Council on a -5- January 4, 1983 5-0 vote to deny the enlargement of a building containing a non- conforming use at 811 East Elizabeth. On December 21, 1982, the City Council of the City of Fort Collins concurred with the recommendation of the Planning and Zoning Board and, by a vote of 6-0, denied the enlargement of the non -conforming use located at 811 East Elizabeth Street. The attached Resolution formalizes Council's findings concerning the expansion. Ordinances on Second Reading were read by title by Wanda Krajicek, City Clerk. Item #6. Second Reading of Ordinance No. 151, 1982 Zoning Property Known As Carpenter McAleer Annexation. Item #7. Second Reading of Ordinance No. 161, 1982, Annexing P Known As Mobile Premix Prospect Road Annexation. Item #8. Second Reading of Ordinance No. 162, 1982, Zoning Property Known As The Mobile Premix Prospect Road Annexation. Item #9. Second Reading of Ordinance No. 164, 1982 B of the Code of the City of Fort calculation of Storm Drainage Basin Fees. Amending Section 93-15 o 11 ins regar inq t e Item #10. Second Reading of Ordinance No. 165, 1982, Revising The Procedure For Appealing Decisions Of Various Boards, Commissions and Authorities to the Council. Ordinances on First Reading were read by title by Wanda Krajicek, City Clerk. Item #11. Hear Unan t Reading of Ordinance No. 1, 1983, Appropriati venue in the Capital Projects Fun . Item #12. Hearing and First Reading of Ordinance No. 2, 1983, Expanding the Downtown Development Authority District to Include Property at Councilmember Elliott made a motion, seconded by Councilmember Clarke, to adopt and approve all items not removed from the Consent Calendar. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, Miller, and Wilmarth. Nays: None. THE MOTION CARRIED. 1 1 1 January 4, 1983 Ordinance Transferring $375,000 From Water Capital Contingency to the Foothills System Improvements Project, Tabled to January 18, 1983 Following is the staff's memorandum on this item: "This Ordinance was adopted unanimously on First Reading on December 21, 1982. However, Council directed that this appear on the agenda as a discussion item on Second Reading to allow staff to present additional information concerning the site selection. Staff is recommending tabling until January 18th to allow time to obtain the information requested. The Ordinance would authorize the transfer of $375,000 from Water Capital Contingency to the Foothills System Improvements Project. The Foothills Water System improvements are required to provide quality service to the higher elevation west side of the City. The benefits are both improved quality of service and obtaining more reliable fire protec- tion. The second phase of this project is to be constructed in 1983 and includes a 4 million gallon water tank and approximately 3 miles of water transmission line. Recent soil investigations, of the only suitable tank sites, indicate that a special foundation for the water tank will be required. The resulting tank cost estimate increased from the budgeted amount of $1,125,000 to the current estimate of $1,500,000, an increase of $375,000. Staff recommends proceeding with design at the preferred site. Funds are available in the Water Capital Contingency for transfer to the Foothills System Improvements Project due to delayed projects and/or projects which were under budget. (Prior to 1982, all appropriations for Water capital projects were put into the Water Capital contingency until the project was ready to proceed.)" Councilmember Clarke made a motion, seconded by Councilmember Elliott, to table Ordinance No. 163, 1982 on Second Reading until January 18. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, Miller, and Wilmarth. Nays: None. THE MOTION CARRIED. Ordinances Relative to Proposed Charter Amendments ' Following is the staff's memorandum on this item: -7- 1 January 4, 1983 "A. Hearing and First Reading of Ordinance No. 4, 1983, providing for a Charter Amendment to be Submitted to a Vote of the Qualified Electors of the City, relating to nomination and election of District Council representatives by District. Hearing and First Reading of Ordinance No. 5, 1983, providing for a Charter Amendment to be Submitted to a Vote of the Qualified Electors of the City, relating to a One -Year Residency Requirement as a Quali- fication for Council Office. Hearing and First Reading of Ordinance No. 6, 1983, providing for a Charter Amendment to be Submitted to a Vote of the Qualified Electors of the City, relating to vacancies on the City Council. Attached are three ordinances which propose amendments to three different sections of the City Charter. All three proposed Charter amendments are in a form containing first, the Charter amendment language and, second, the ballot language. The proposed Charter amendments can be summarized as follows: ' Proposed Charter Amendment No. 1 This amendment changes Article II, Section 2(b) of the Charter as it relates to the election of Council district representatives. Currently, all qualified electors in the City vote for all Coun- cil candidates (at large as well as district representatives). This amendment, if passed, would change the current practice by providing for Council district representatives to be elected by the qualified electors residing in the district for which Council candidates are running. Proposed Charter Amendment No. 2 This amendment would change Article II, Section 2 of the Charter as it relates to the residency requirement presently contained in that section. In March of 1975, the District Court for the State of Colorado determined that the five (5) year residency requirement contained within the City Charter was unreasonable and, therefore, a violation of the equal protection clause of the Fourteenth Amendment to the United States Constitution. In the Court's opinion, however, they determined that the one (1) year residency requirement as found in the Colorado Municipal Election -Code was not unreasonable and, in fact, in the absence of evidence to the contrary, such a requirement actually served a ' compelling governmental interest. Since that time the City Ba 1 January 4, 1983 has brought the issue before the voters in the form of Charter amendments several times. In the past the proposed change from five years to one year has been voted down. It is our belief that because a portion of this Charter provision has been ruled unconstitutional, it is our responsibility to bring this issue before the people in the hopes that they will one day adopt the amendment. Proposed Charter Amendment No. 3 This proposed Charter amendment would serve to amend in two respects, Article II, Section 18 of the City Charter as it relates to Council vacancies. Presently, the City Charter provides that any vacancy in an elective office shall be filled within thirty (30) days by appointment of the City Council. The proposed Charter amendment would change this thirty day period to one hundred and twenty (120) days. The second area of change within Section 18 of Article II of the City Charter would be the addition of the phrase, "or becomes t disqualified to hold said office in accordance with the Charter". Currently, the reasons for vacancies as enumerated in Section 18 of Article II of the City Charter fail to set out all circum- stances under which a vacancy may arise. The addition of the above -stated phrase will serve to rectify that problem." Councilmember Knezovich made a motion, seconded by Councilmember Elliott, to adopt Ordinance No. 4, 1983 on First Reading. Councilmember Knezovich noted he had asked the City Attorney to draft this Ordinance because of the questions and problems he had encountered during his campaign two years ago. He felt the public did not understand the district process as it now stands and added he felt if representatives are to represent a district, they should be elected from that district alone. Councilmember Clarke stated he felt the system as it exists now served the City as a whole quite well. The problem of citizens not understanding the system should be solved by education, not changing the system. Councilmember Horak spoke in favor of the Ordinance noting he saw merit in having a representative form of government on the local level. Mayor Cassell stated he felt the system as it now exists was designed to insure a sense of responsibility on the part of the individual Council - members to the entire City rather than to a particular local area within the City. He added he felt the City was still a single community not yet big enough to need further division of this type. ME 1 January 4, 1983 Carolyn Haase, 2307 Sheffield Drive, presented some of her concerns about this issue and noted she was neither opposing or supporting the measure, merely seeking information. She added she felt this matter should be delayed to allow more time for community review and discussion. Councilmember Knezovich stated he felt Mrs. Haase's concerns could be addressed at forums between now and March 8. He further stated he felt the citizens deserved an opportunity to vote on the measure on March 8. The vote on Councilmember Knezovich's motion to adopt Ordinance No. 4, 1983 on First Reading was as follows: Yeas: Councilmembers Knezovich and Horak. Nays: Councilmembers Cassell, Clarke, Elliott, Miller, and Wil- marth. THE MOTION FAILED. Councilmember Clarke made a motion, seconded by Councilmember Wilmarth, to adopt Ordinance No. 5, 1983 on First Reading. Councilmember Wilmarth pointed out this amendment had been proposed at ' least twice previously and perhaps it would finally pass. The vote on Councilmember Clarke's motion to adopt Ordinance No. 5, 1983 on First Reading was as follows: Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, Miller, and Wilmarth. Nays: None. THE MOTION CARRIED. Councilmember Horak made a motion, seconded by Councilmember Elliott, to adopt Ordinance No. 6, 1983 on First Reading. Councilmember Wilmarth expressed his concerns about the proposed 120 day limit and the process for filling these vacancies. He suggested an elec- tion process rather than a selection process, but noted the cost of an election would be a negative consideration. Councilmember Clarke asked how many times in the past 10 years it had been necessary to replace a Councilmember by appointment. City Manager Arnold replied he thought three times including this replace- ment. Councilmember Clarke stated the 120 day extension would add flexibility to the appointment process since this situation does not arise that often. ' -10- 1 January 4, 1983 Councilmember Knezovich felt the change from 30 to 120 days would not accomplish that much, noting he felt the present requirement was satis- factory. The vote on Councilmember Horak's motion to adopt Ordinance No. 6, 1983 on First Reading was as follows: Yeas: Councilmembers Cassell, Clarke, Elliott, and Horak. Nays: Councilmembers Knezovich, Miller, and Wilmarth. THE MOTION CARRIED. Resolution Adopting the 1983 Interim Pay Plan, Adopted Following is the staff's memorandum on this item: "The 1983 Budget included funds for a 2.5% pay plan for January. The attached pay plan is submitted for approval and represents an across-the- board increase of 2.5% for all classified employees at a total City cost of approximately $600,000. Entry rates have been lowered for each classification, requiring expansion of the pay ranges in the pay plan to approximately forty percent. This change has been made to respond to concerns of Council about the need to. remain competitive at the low end while maintaining our "upper third" commitment on the top end. The City would like to re-emphasize its goal to attract and keep quality employees and will, therefore, present an "upper -third" pay plan in April, 1983. This is consistent with Council's policy on the pay plan. This 2.5% increase will be calculated as part of the upper third goal." Councilmember Clarke made a motion, seconded by Councilmember Elliott, to adopt the Resolution. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, Miller, and Wilmarth. Nays: None. THE MOTION CARRIED. Resolution Authorizing Payment to Black & Veatch for Anheuser-Busch Related Studies, Adopted ' Following is the staff's memorandum on this item: -11- January 4, 1983 ' "The City of Fort Collins has been using the services of Black & Veatch to provide engineering studies relating to Anheuser-Busch. I authorized the work so we would have some factual basis for negotiations and for the agreement, inasmuch as we knew the wastewater treatment problem was size- able. Black & Veatch was chosen to do this work because of their familiar- ity with our water and wastewater treatment systems having functioned as the design engineers and project managers since 1972 for Wastewater Treat- ment Plants 1 and 2 and the Sludge Management Facility. Any other engi- neering firm would have had to spend a great deal of time and money to reach the level of familiarity to use their expertise in these areas. Total estimated costs will be approximately $45,000 for the studies. Consequently, City Council approval is required. A resolution is attached for Council consideration. As stated in the Master Agreement, Anheuser-Busch will pay the City a deposit for the City's costs and expenses incurred in consulting activi- ties. The City will refund the money to the brewery upon certification that construction is 50% complete. If Anheuser-Busch does not build a brewery in Fort Collins, the deposit will be forfeited to the City." Councilmember Knezovich made a motion, seconded by Councilmember Elliott, I to adopt the Resolution. Councilmember Horak asked how the consulting firm was authorized to pro- ceed. City Manager Arnold replied that in July, staff felt the need for addi- tional help in analyzing the wastewater situation with Anheuser-Busch and asked Black & Veatch to begin working on the problem. It was not antici- pated the costs would run as high as they did. He pointed out Anheuser- Busch is paying the costs as stipulated in the terms of the agreement. The costs are covered by the arbitrage on the increased taxes received. The authorization was a verbal request. The vote on Councilmember Knezovich's motion to adopt the Resolution was as follows: Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, and Knezovich. Nays: Councilmembers Miller and Wilmarth. THE MOTION CARRIED. Resolution Authorizing a Revenue Allocation Formula for the Poudre Fire Authority, Adopted as Amended Following is the staff's memorandum on this item: ' -12- 1 January 4, 1983 "Since consolidation of the City Fire Department with the Poudre Valley Fire Protection District in December of 1981, City and PFA staff personnel have been analyzing funding alternatives. One alternative -- the revenue Allocation Formula -- was viewed favorably by City Council at the December 14 Council work session. By using this concept, the City would contribute to the Authority a sum equal to .303 of one cent of existing sales and use taxes and six (6) mills of existing property tax from the General Fund. In 1983 (using City growth projections) this would generate $3,105,543 (in addition to the contribu- tion from the Poudre Valley Fire Protection District) for the Authority's annual operation and maintenance budget. In addition (pending the March 3, 1983 referendum concerning the proposed 3/40 sales tax) the City will contribute nine percent (9%) of the five year capital funds to finance PFA's rolling stock replacement program and Master Plan implementation." Councilmember Elliott made a motion, seconded by Councilmember Clarke, ' to adopt the Resolution. Councilmember Horak stated Council had not discussed in detail which capi- tal projects should be pursued over the next 5 years. He felt specifying a certain percentage of money before discussing all departments and all areas was being too specific in light of demands placed on Council in future years. City Manager Arnold stated he understood Councilmember Horak's concerns since a revenue allocation formula indicates a priority on the capital project funds. He added that the Poudre Fire Authority does have the only Master Plan City-wide that shows how they can cut their costs over a 57year period of time. Councilmember Knezovich stated he had difficulty with the capital improve- ments program as outlined in the Resolution. He recommended tabling the Resolution to January 18 to allow staff to prepare a, more concrete defini- tion of which entity will provide funding for which capital improvement over the next 5 years. Councilmember Knezovich made a motion, seconded by Councilmember Horak, to table the Resolution to January 18. Chief Mulligan stated the District had agreed to take the capital burden of ' the relocation of Station #6, approximately $400,000, which is about the same percentage of budget on the capital side as the City's contribution. -13- January 4, 1983 The vote on Councilmember Knezovich's motion to table the Resolution to January 18 was as follows: Yeas: Councilmembers Horak and Knezovich. Nays: Councilmembers Cassell, Clarke, Elliott, Miller, and Wilmarth. THE MOTION FAILED. Councilmember Knezovich made a motion, seconded by Councilmember Horak, to amend the Resolution to delete the words "and capital program" from the second Whereas clause and to delete in its entirety reference to the capital improvements program under the section headed Revenue Allocation Formul a. Councilmember Knezovich stated he felt the formula was too rigid and the whole capital improvements side deserved more study. The vote on Councilmember Knezovich's amendment to the Resolution was as follows: Yeas: Councilmembers Cassell, Horak, Knezovich, and Wilmarth. Nays: Councilmembers Clarke and Elliott. THE MOTION CARRIED. The vote on Councilmember Elliott's original motion to adopt the Resolu- tion, as amended by Councilmember Knezovich, was as follows: Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, and Wilmarth. Nays: None. THE MOTION CARRIED. Citizen Participation A. Recognition to Ramblewood Apartments for Their Donation of $1,780 through the Parks and Recreation Department Gift Catalog, on Behalf of Sun Citv. Arizona Seniors. Assistant to the Director of Parks & Recreation Jerry Brown explained the concept of the Gift Catalog which he estimated would be in final form next spring. He noted many seniors make Ramblewood Apartments their summer home so Ramblewood Apartments felt a donation was in order. Dave Adamson, Ramblewood resident manager, chose two items from the Catalog, a PA system in the Senior Center and 100 gross of golf pencils for the City Park Nine course for a total of $1,780. Nancy Luttropp, Supervisor of Older Adults, described the Sun City summer program noting 30 people had spent the summer in 1981, 160 in 1982, and over 300 are expected for 1983. -14- 1 IJanuary 4, 1983 Mayor Cassell then presented Chuck Musso, the new resident manager of Ramblewood, with a collage depicting the activities of the older citizens of Fort Collins and a certificate of recognition for their contribution. B. Presentation of Community Calendar. James Dean, executive editor of the Coloradoan presented copies of the 1983 Community Calendar noting approximately 10,000 had been presented for distribution throughout the community. C. Resolution Commending Councilmember Peggy Reeves for Her Contributions to the Community. Mayor Cassell read the Resolution prepared expressing gratitude and appreciation to Mrs. Reeves. Councilmember Horak made a motion, seconded by Councilmember Knezovich, to adopt the Resolution as read by Mayor Cassell. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, Miller, and Wilmarth. Nays: ' None. THE MOTION CARRIED. Mayor Cassell then presented Mrs. Reeves with a plaque honoring her for her leadership, service, and dedication to the citizens of Fort Collins during her 9 years as Councilmember. Karen Trevors, 1009 Eggleston, Vice -President of the Waverly P.T.O., dis- agreed with the policy of charging library users fees and presented signa- tures of 62 citizens who also opposed the fees. Resolutions Transferring Title of all real and personal property to the Poudre Fire Authority, Adopted Following is the staff's memorandum on this item: "A. Resolution Transferring Title of all real and personal property at Fire Station # 1 to the Poudre Fire Authority. B. Resolution Transferring Title of all real and personal property at Fire Station # 2 to the Poudre Fire Authority. C. Resolution Transferring Title of all real and personal property at Fire Station # 3 to the Poudre Fire Authority. -15- January 4, 1983 ' D. Resolution Transferring Title of all real and personal property at Fire Station # 4 to the Poudre Fire Authority. The contract which created the Poudre Fire Authority in 1981 provided for the transfer of all fire department property from both the City of Fort Collins Fire Department and Poudre Valley Fire Protection District to Poudre Fire Authority. On October 11, 1982, the District Board of Directors approved the transfer of its property to the Authority. The City properties to be transferred are: Station 1 505 Peterson Street (Peterson & Mulberry) Station 2 415 S. Bryan (City Park) Station 3 2000 Mathews (Spring Creek Park) Station 4 2030 Devonshire (Taft Hill & Horsetooth) With the approval of the revenue allocation formula, we should proceed to I the transfer of the property." Councilmember Knezovich made a motion, seconded by Councilmember Elliott, to adopt all four Resolutions Transferring Title of all real and personal property at Fire Stations #1, 2, 3, and 4 to the Poudre Fire Authority. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, Miller, and Wilmarth. Nays: None. THE MOTION CARRIED. Items Relating to CDBG Program Following is the staff's memorandum on this item: "A. Consider Authorizing a Change in the CDBG Housing Rehabilitation Program Eliminating the Lump Sum Drawdown Aspect and Reduction of Earmarked Funds from 1982-83 Entitlement to $243,000. B. Hearing and First Reading of Ordinance No. 3, 1983, Appropriating Unanticipated Revenue ($57,266) in the CDBG Fund. Resolution 82-119, approved by the City Council on September 7, 1982, set forth programs and projects to be funded by the City's Housing Rehabilita- tion Program as a Lump Sum Drawdown Match. In September the staff and CDBG -16- Ll January 4, 1983 Citizens' Steering Committee were considering using the $300,000 as a match for $300,000 provided by three lending institutions in the City to create a pool of $600,000 to be used for the rehabilitation of residential structures. The Council was advised that the staff and CDBG Citizens' Steering Committee did not have a full understanding of the Lump Sum Drawdown match aspect of the program, so before any money was spent in the Housing Rehabilitation Program, staff and the Committee wanted to evaluate the matching aspect and come back to Council with a recommendation. City staff researched the pros and cons of pursuing the Lump Sum Drawdown Match aspect of the Housing Rehabilitation Program and reported these findings to the CDBG Citizens' Steering Committee. After careful deliber- ation of the pros and cons at two separate Committee meetings, the Commit- tee has decided to recommend that the City should not pursue a Lump Sum Drawdown Match. The major reason for the recommendation is the Lump Sum Drawdown Match changes the focus of the Housing Rehabilitation Program in terms of the types of families who would be served. The Committee ques- tioned the possibility of the Lump Sum Drawdown Match helping low income families, feeling that the higher interest rates, which would have to ' be charged to be eligible for matching funds by the local lending institu- tions, would change the focus of the Housing Rehabilitation Program to help more moderate income families rather than low income families. Presently, the City's Housing Rehabilitation Program makes grants and low interest loans (3%) to families in owner occupied structures needing rehabilitation. Under a Lump Sum Drawdown Match program loans would have to average approximately a 9% interest rate. The present limit of a grant or loan is $15,000. Income guidelines for the program are supplied to the City by HUD and are based on the estimated median income -of all fami- lies in Fort Collins ($21,900 for family of four). If a family has an income of 80% or less of the median family income of the City, they are eligible to apply for a housing rehabilitation project. Elimination of the Lump Sum Drawdown Match aspect would leave $300,000 of Entitlement funds available for projects in the City's Housing Rehabilita- tion Program. If the City issued the project maximum of $15,000 for each project, the City could rehabilitate 20 homes during the 1982-83 CDBG Program Year. The City presently has a list of 42 families who have requested an application for rehabilitation work. As indicated earlier, part of the CDBG Housing Rehabilitation Program is to provide loans (3%) to qualified homeowners for rehabilitation work. These loans are repaid to the CDBG Program. HUD regulations allow for the I "re-distribution" of these loan payments to be used for additional housing rehabilitation loans. -17- January 4, 1983 Program income has been received from these principal and interest payments in 1982 totalling $57,266. At this time, staff is requesting approval to appropriate these program monies to be used for additional housing rehabil- itation loans. The addition of the $57,266 in unanticipated revenue presents a couple of options for the Council: 1. Add the $57,266 to the Entitlement amount of $300,000 to create a Housing Rehabilitation pool of $357,266 which could enable the City to rehab approximately 24 homes. 2. Eliminate $57,000 from the Entitlement amount of $300,000, substituting the $57,266 of unanticipated revenue, to maintain a pool of approximately $307,266 which could enable the City to rehab 20 homes. The $57,000 of Entitle- ment funds could then be reprogrammed to fund programs and projects which applied for use of $275,000 in 1981-82 carry- over funds but did not receive CDBG Citizen's Steering Committee or staff recommendation for funding. ' Staff recommends the Council follow the second option. The attached ordinance appropriates $57,266 in unanticipated revenue in the CDBG Fund." Chief Planner Ken Waido summarized the staff recommendation and defined several funding amounts mentioned in relation to this item. Councilmember Knezovich asked which lending institutions were participating in the Lump Sum Drawdown Match aspect of the Housing Rehabilitation Program. Waido replied they were Columbia Savings, Home Federal, and First Inter- state. Councilmember Knezovich made a motion, seconded by Councilmember Elliott to adopt Ordinance No. 3, 1983 on First Reading. Barbara Allison, 1212 Lynnwood, asked for an explanation of Housing Reha- bilitation. Waido explained that certain houses within the city of Fort Collins do not meet certain Code requirements and their owners do not have the funds to do their own repair work. The Federal Government has set up the CDBG program ' to rehabilitate substandard houses throughout the United States. M 1 January 4, 1983 Mrs. Allison asked if these houses were owner occupied. Waido replied in the affirmative. The vote on Councilmember Knezovich's motion to adopt Ordinance No. 3, 1983 on First Reading was as follows: Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, Miller, and Wilmarth. Nays: None. THE MOTION CARRIED. Councilmember Knezovich made a motion, seconded by Councilmember Clarke, to support the recommendation to eliminate the $300,000 Lump Sum Drawdown Match aspect and reduction of Earmarked Funds to $243,000. Yeas: Coun- cilmembers Cassell, Clarke, Elliott, Horak, Knezovich, Miller, and Wil- marth. Nays: None. THE MOTION CARRIED. Public Hearing and Resolution Adopting 1982-83 Community Development Block Grant Programs and Projects Funded by Carryover Funds from the 1981-82 CDBG Program Year Following is the staff's memorandum on this item: "The Community Development Block Grant (CDBG) Program is an ongoing grant program funded by the Department of Housing and Urban Development (HUD) and administered by the City. Fort Collins is an Entitlement recipient in HUD's CDBG Program and has already received $700,000 for the 1982-83 CDBG Program Year. Each year the City Council adopts a resolution which details the programs and projects that will be funded during the coming Federal Fiscal Year. At the September 7, 1982, City Council meeting, the Council adopted Resolution 82-119 which set forth which programs and projects would be funded by the City's $700,000 1982-83 entitlement. Also at the September 7, 1982 Council meeting, the Council decided not to assign $275,000 in carry-over funds from the 1981-82 CDBG Program Year to specific programs or projects. Approximately $207,000 of the carry-over funds are available from the cancelled Buckingham Greenbelt project, while the other $68,000 is from the Contingency budget. The City Administration had recommended the $211,000 be earmarked for Housing Production projects. The Council did allocate $35,000 of the City's $700,000 entitlement for Housing Production projects in Resolution 82-119. -19- January 4, 1983 The City's CDBG Program Administration office placed legal advertisements in local newspapers during the weeks of October 7th, October 23rd, and October 29, 1982, to solicit requests for programs and projects to be funded by the $275,000 carry-over funds. The City received the following requests for funds totaling $1,266,348: 1. Historic Old Town History Program $ 6,000 -- John Dewhirst, Historic Old Town Planning Commission 2. Neighborhood History and Historic Neighborhood Inventories 8,000 -- John Dewhirst - City Planning 3. Operation Facelift 65,000 -- Local Development Corporation 4. Pedestrian/Bicycle Access Program 23,000 -- John Dewhirst - City Planning 5. Poudre River Clean -Up and Buffering Program 32,348 -- Comprehensive Planning Division 6. Economic and Neighborhood Revitalization Program 30,000 -- Fort Collins Downtown Development Authority 7. Fire Sprinkler Retrofit for DMA Highrise 120,000 -- Downtown Merchant Association 8. Northside Community Center Expansion 30,000 -- Fort Collins Parks and Recreation Department 9. Coachlight Plaza Apartments, Ltd. 12,500 -- H. McGraw, Coachlight Plaza Apts., Ltd. 10. Housing Development Proposal 210,000 -- Jim Woods, Director Fort Collins Housing Authority -- Steve W. Barbier, Director Neighbor -to -Neighbor, Inc. 11. Community Gardening Program 25,000 -- Lorrie Wolfe, Program Specialist Larimer County Dept. of Human Development -20- 1 January 4, 1983 12. Historic District Utilities Impr. and Undergrounding 70,000 -- Jim Reidhead, Old Town Associates, Ltd. 13. Historic Old Town Traffic Improvements 22,000 -- Jim Reidhead, Old Town Associates, Ltd. 14. Historical District Alley Impr. Demonstration Proj. 76,000 -- Jim Reidhead, Old Town Associates, Ltd. 15. Historic District Utilities Impr. and Undergrounding 61,500 -- Jim Reidhead, Old Town Associates, Ltd. 16. Historic District Traffic Improvements 200,000 -- Jim Reidhead, Old Town Associates, Ltd. 17. Underwriting MultiFamily Rehabilitation Projects 275,000 -- Sharon Duckett, Consultant -- Patricia Allen, Consultant Urban Solutions Corps TOTAL $1,266,348 Copies of the above applications are being provided to Council under separate cover. Recommendation The CDBG Citizens' Steering Committee conducted a meeting on November 15, 1982, at which the Committee heard presentations from all applicants who had submitted proposals. Because of the length of presentations, the Committee scheduled a subsequent meeting, held on December 2, 1982, for further Committee discussions on the proposals and to formulate a recom- mendation to the City Council. Based on information and discussions from the two meetings the Committee recommends the following list of programs and projects to the City Council for funding. The City Administration supports the recommendation. PROGRAM OR PROJECT AMOUNT I. Housing Development Proposal (this funding amount is in addition to the $35,000 already allocated for Housing Production in the 1981-13 CDBG Program year by Resolution 82-119) $127,500 -21- January 4, 1983 2. Northside Community Center Expansion 30,000 3. Fire Sprinkler Retrofit for DMA Highrise 60,000 4. Historic Old Town History Program and Neighborhood History and Historic Neighborhood Inventories (combination of the two separate proposals) 10,000 5. Operation Facelift 32,500 6. Contingency 15,000 TOTAL $275,000 Representatives of the CDBG Citizens' Steering Committee will attend the Council meeting to answer any questions that may arise concerning their recommendation and/or review process. Assuming the City Council decided to reduce the $300,000 of 1982-83 Enti- tlement funds previously earmarked for Housing Rehabilitation to $243,000, leaves $57,000 of Entitlement monies to be reprogrammed. The staff recommends the $57,000 be allocated to the following projects: 1. Economic and Neighborhood Revitalization Program -- Fort Collins Downtown Development Authority $30,000 2. Fire Sprinkler Retrofit for DMA Highrise Downtown Merchants Association 20,000 3. Contingency 7,000 TOTAL $57,000 The DDA proposal was the highest ranked project by the CDBG Citizens' Steering Committee which did not make their list of recommendations, basically due to the lack of funds. Also, the Committee, in their review, initially wanted to fund the DMA proposal for $80,000, but reduced the amount to $60,000, again due to lack of funds." -22- IJanuary 4, 1983 Councilmember Horak made a motion, seconded by Councilmember Elliott, to adopt the Resolution. Chief Planner Ken Waido pointed out that since, in the previous item, Council had reduced the $300,000 of entitlement monies to $243,000, the remaining $57,000 was available for reprogramming. He suggested the $57,000 be funded as described above and that the Resolution be amended accordingly. He introduced Ernie Miranda, neighborhood representative from Holy Family and Chairman of the Citizens' Steering Committee who gave the Committee's recommendations for projects to be funded with carry-over funds. Councilmember Horak asked Mr. Miranda if the Steering Committee would support the staff recommendation for the allocation of the $57,000. Mr. Miranda replied that he was not certain how the membership would feel about it but he felt the recommendation was close to their priorities. Councilmember Horak suggested that by the January 18 meeting, the Steering Committee put something in writing stating they agree with the staff recommendation for allocation of the $57,101. Wayne Baltz, 829 Gallup Road, pointed out both the $60,000 and the $80,000 would be insufficient to fire sprinkler retrofit the DMA Highrise. Chief Planner Waido replied the request for funds had been $120,000 based on a rough estimate by the Fire Chief. It is hoped the project can be done for less or with a phased approach. Margaret Mitchell, CDBG Steering Committee, asked that the staff recommend- ation for the $57,000 go back to the Committee for review at their January 13 meeting. Councilmember Wilmarth noted in past years Council had had the opportunity to hear a presentation by the Steering Committee of their prioritization and rationale. He felt he did not have enough information to make the necessary decision. He suggested a work session to review the projects with the Committee. Mrs. Mitchell suggested Council attend the Steering Committee meeting on January 13. Councilmember Clarke stated he felt the item could be tabled to allow the Steering Committee to review staff's recommendation. Councilmember Clarke made a motion, seconded by Councilmember Wilmarth, to table the Resolution to January 18. Yeas: Councilmembers Cassell, -23- January 4, 1983 1 Clarke, Elliott, Knezovich, Miller, and Wilmarth. Nays: Councilmember Horak. THE MOTION CARRIED. Councilmember Clarke stated it was his intent the item come back to a work session before consideration on January 18. Mayor Cassell pointed out the only alternative would be for Council to attend the Steering Committee meeting on January 13 since no other work sessions are scheduled prior to January 18. Councilmember Wilmarth felt all Councilmembers should be present to hear the Committee's recommendations and noted he could not attend on January 13. He suggested an hour-long work session at 4:30 p.m. prior to the January 18 regular meeting at 5:30 p.m. Staff was directed to schedule such a work session. Resolutions Relative to the .75% Sales and Use Tax Issue Following is the staff's memorandum on this item: "Ordinance No. 113, 1982, approved by City Council on October 19, 1982, authorized the implementation of an additional .75% Sales and Use Tax beginning December 1, 1982. In accordance with Article XVII, Section 3 of the Charter of the City of Fort Collins, a petition was presented to City Council protesting the Sales and Use Tax increase. The increase, there- fore, has been suspended and the issue will be submitted to a vote in the March 8, 1983, general City election. Several resolutions relating to the Sales Tax Referendum are offered to Council for consideration. These resolutions reflect the discussion Council held at the December 14, 1982, work session. They are: 1. A resolution amending the budget to delete the money lost from the 1983 budget due to the referendum. 2. A resolution committing the City to a policy for expending the tax money, if such tax is adopted by the voters. 3. A resolution finding that the Sales and Use Tax issue is a matter of official concern and authorizing the use of funds and supplies in support of the passage of said issue. -24- 1 1 1 January 4, 1983 4. A resolution finding that the Sales Tax issue is a matter of official concern and authorizing the use of funds and supplies for the dissemination of objective information relative to the Tax issue. Staff recommends the passage of the first two resolutions. The remaining two resolutions are presented to the City Council as alternative options, and it is left to City Council to decide which approach they wish to take. Resolution No. 1 merely amends the budget formally'so that we may continue with projects which the Council is already committed to. Resolution No. 1 also allows Council a small capital reserve with which to make further decisions on construction projects. Resolution No. 2 commits the Council to a set of policy statements which were spoken about and recommended at the work session. We are convinced that these commitments can be lived with and they seem to be the kind of commitments that the electorate likes to see on a tax issue. As to the two remaining resolutions, either resolution would be proper. Each resolution would be treated, for the purposes of the Campaign Reform Act, in the same manner as a contribution made for the purpose of influ- encing the passage or defeat of an issue. If it were not the intent of the City to influence the passage or defeat of this issue, then the City would not be required to adopt Resolution No. 3 and could merely disseminate the information which is of an unbiased or factual nature. However, to avoid any dispute as to whether the City's contribution is to be made to influ- ence the passage or defeat of an issue, it is recommended that either Resolution No. 3 or No. 4 be adopted and that upon adoption of either resolution, the City will report its contribution according to the provi- sions of the Campaign Reform Act." Councilmember Clarke made a motion, seconded by Councilmember Knezovich, to adopt Resolution 83-14 Amending the Budget to delete money lost due to the referendum. Elizabeth Kline, 2813 Sumac, asked why the Capital Reserves amount was so high relative to the amount deleted. City Manager Arnold replied the intent was to show the kinds of capital improvements Council is pretty much committed to. Mrs. Kline asked if some of the reserve could be moved to street rehabili- tation. -25- January 4, 1983 Mayor Cassell replied that it conceivably could be moved. The $500,000 was a minimum acceptable level; however, Council might determine that any or all of the $671,000 Reserves might be used for street rehabilitation. Councilmember Horak felt the Resolution did not clearly state that the Capital Reserves could be used for any of the frozen appropriations on the first page of the Resolution. He felt that when the tax was adopted, the budget did not specifically list those projects as the $3.7 million. City Manager Arnold replied that Capital Reserves must be allocated by Council and that all the projects listed had been specifically addressed by Council when the budget allocation decisions were made. He agreed that the $671,000 Reserves could be allocated to fund some portion of the $3.7 million in frozen appropriations. Councilmember Knezovich noted that at the work session Council had only been able to agree on prioritizing approximately $2 million of projects. Council direction at that time had been to wait until March 8 and then determine how to allocate the $671,000 with the hope the tax will have passed and the City will have an additional $2.5 million to add to the $671,000 to accomplish the needed capital projects being frozen. Councilmember Clarke felt it was obvious Capital Reserves can be used for a portion of those projects deleted in the first part of the Resolution. He pointed out that almost the entire balance of the 1144 sales tax had been carried into 1982 as a reserve to be allocated as some future time. The vote on Councilmember Clarke's motion to adopt the Resolution was as follows: Yeas: Councilmembers Cassell, Clarke, Elliott, Knezovich, Miller, and Wilmarth. Nays: Councilmember Horak. THE MOTION CARRIED. No action was taken on the Resolution committing the City to a policy for expending the tax money, if such tax is adopted by the voters. Councilmember Knezovich made a motion, seconded by Councilmember Clarke, to adopt the Resolution authorizing the use of funds and supplies in support of the sales tax issue. Councilmember Wilmarth asked for clarification on the differences between this Resolution and the following Resolution. City Attorney Huisjen replied that this Resolution provides language that approves contributions or expenditures of money in support of the passage -26- 1 1 IJanuary 4, 1983 of the 3/44 Sales and Use Tax whereas the Resolution that follows pro- vides the monies contributed or expended to disseminate information to the public that is general and objective. Ken Bonetti, 627 Whedbee, objected to the financing of improvements in the southern part of the City with taxes collected primarily in the northern part of the City and supported a vote of the people on whether to have a sales tax and what the sales tax should be spent on. He opposed the expenditure of $5,000 to support the passage of the 3/44 sales tax. Bruce Lockhart, 615 Mathews, suggested no money be spent to influence this election. He objected to tax monies being used to support the sales tax issue. Wayne Baltz, 829 Gallup Road, felt the Resolution advocated a biased presentation of information. He felt it was improper for the Council to support or oppose this issue. Jim Woodward, 430 Garfield, felt $5,000 was much too large a figure to be spent on this issue and suggested no monies be spent other than staff ' salaries in response to citizen inquiries. Councilmember Clarke stated it was somewhat contradictory for the Council not to support this Resolution since five of the current seven Councilmem- bers supported the original Ordinance No. 113, 1982. He urged Council to be consistent with its past actions. The vote on Councilmember Knezovich's motion to adopt the Resolution was as follows: Yeas: Councilmembers Cassell, Clarke, and Knezovich. Nays: Councilmembers Elliott, Horak, Miller, and Wilmarth. THE MOTION FAILED. Mayor Cassell made a motion to adopt the Resolution authorizing the use of funds and supplies for the dissemination of objective information relative to the tax issue. The motion died for lack of a second. Councilmember Knezovich made a motion, seconded by Councilmember Elliott, to adopt the Resolution, amending Section 2 to delete any reference to $5,000 and to add a new Section 3 as follows: "Section 3. That the City Administration present to Council by January 18, a proposal for dissemination of information in- cluding monies to be expended, in -kind contributions to be pro- vided, and resources to be utilized." -P7- January 4, 1983 Cindy Bonetti, 627 Whedbee, suggested providing the local newspapers with Council minutes as a means of disseminating information and enlisting the aid of the League of Women Voters in the effort. Dick Albrecht, Executive Vice -President of the Chamber of Commerce, ex- pressed his concern that staff or Councilmembers would not be allowed to present information to clubs or organizations in the community regarding this issue. City Attorney Huisjen stated he felt the Resolution as amended would give protection to staff and Councilmembers with regard to the Campaign Reform Act requirements. The vote on Councilmember Knezovich's motion to adopt the Resolution was as follows: Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezo- vich, Miller, and Wilmarth. Nays: None. THE MOTION CARRIED. City Manager's Report City Manager Arnold noted that $440 in library fees had been collected from I outside City residents on the first day of its collection. He noted staff was in the process of updating the City's snow and ice removal plan and will be bringing it to Council soon. Ordinance Zoning Property Known As Carpenter/McAleer Annexation, Adopted on Second Reading Following is the staff's memorandum on this item: "This Ordinance was unanimously adopted on First Reading on December 21, 1982. This is a request to zone 101.6-acres, located at the northeast corner of Lemay Avenue and Vine Drive. Present zoning is FA-1, Farming. The applicant is requesting R-L-P, Low Density Planned Residential zoning. The applicant had initially requested M-M, Medium Density Mobile Home zoning. The Planning and Zoning Board voted 5-2 to recommend denial of the M-M zoning. Consistent with the Planning and Zoning Board's recommendation for R-L-P zoning, the applicant has changed the requested zoning to R-L-P. Staff recommends approval of the Carpenter/McAleer R-L-P zoning request, and the Planning and Zoning Board recommended approval of the Carpenter/ McAleer R-L-P zoning request on a 6-1 vote." In 1 January 4, 1983 Councilmember Wilmarth asked the record show he did not participate in the discussion or vote on this item. Councilmember Horak made a motion, seconded by Councilmember Clarke, to adopt Ordinance No. 151, 1982 on Second Reading. Yeas: Councilmember Cassell, Clarke, Elliott, Horak, and Knezovich. Nays: Councilmember Miller. (Councilmember Wilmarth withdrawn) THE MOTION CARRIED. Resolution Authorizing the City Manager to Enter into an Agreement with Care -A -Van to Provide Transportation Services to the City, Adopted Following is the staff's memorandum on this item: "Care -A -Van provides transportation services to the disabled, elderly, and ' economically disadvantaged persons and this service complements the City transportation system. This contract provides the same level of support the 1982 contract provided. Of the total $68,864 contribution, $10,500 will come from the General Fund and $58,364 is federal grant money. This is the standard contract which has been renewed yearly. Staff recommends approval of the contract." Councilmember Knezovich urged Councilmembers to vote against this Resolu- tion and send the $58,000 in federal grant money back to the federal government. Councilmember Clarke made a motion, seconded by Councilmember Elliott, to adopt the Resolution. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Miller, and Wilmarth. Nays: Councilmember Knezovich. THE MOTION CARRIED. Resolution Authorizing the City Manager to Enter into an Agreement with the Associated Students of Colorado State University for the Purpose of Providing TRANSFORT Services, Adopted Following is the staff's memorandum on this item: -29- 1 January 4, 1983 "Since 1975, the City has provided TRANSFORT services to the State Board of Agriculture by and through the Associated Students of Colorado State University (ASCSU). The beginning rate of $1.00 per semester for each full-time, fee -paying student was increased to $2.00/student per semester in 1980. During the last several months, City representatives and representatives of ASCSU have been involved in negotiations for a new contract. The parties successfully concluded the negotiations when they reached an agreement which would provide for payment of $3.00 per semester for each full-time, fee -paying student attending CSU. In return, the City allows full-time, fee -paying students who present a CSU picture I.D. and CSU Activity Card for the current semester to ride TRANSFORT without further charge. TRANSFORT also provides certain publicity regarding the availability of service, notifies ASCSU officials of public hearings and issues related to TRANSFORT, and considers significant student residential areas in struc- turing routes. This new agreement, which will provide service from January 20, 1983 to ' January 20, 1984, will increase the annual revenues received from CSU from approximately $68,000 to approximately $102,000. This increase will be utilized to offset the cost of the expanded TRANSFORT service. Staff recommends adoption of the Resolution." Councilmember Wilmarth expressed some concern that the Resolution did not give enough details of the contract with CSU. Councilmember Clarke clarified some of the points brought up by Council - member Wilmarth and urged adoption of the Resolution. Councilmember Elliott made a motion, seconded by Councilmember Clarke, to adopt the Resolution. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, Miller, and Wilmarth. Nays: None. THE MOTION CARRIED. Resolution Making Findings Concerning The Expansion Of A Non -Conforming Use at 811 East Elizabeth Street, Adopted Following is the staff's memorandum on this item: -30- 1 January 4, 1983 "On November 22, 1982, the Planning and Zoning Board considered the en- largement of a building containing a non -conforming use. The Planning and Zoning Board recommended to City Council on a 5-0 vote to deny the enlarge- ment of a building containing a non -conforming use at 811 East Elizabeth. On December 21, 1982, the City Council of the City of Fort Collins con- curred with the recommendation of the Planning and Zoning Board and, by a vote of 6-0, denied the enlargement of the non -conforming use located at 811 East Elizabeth Street. The attached Resolution formalizes Council's findings concerning the expansion." Councilmembers Wilmarth and Miller asked the record to show they did not participate in the discussion or vote on this item since neither were present for the hearing on December 21. Councilmember Knezovich made a motion, seconded by Councilmember Clarke, to adopt the Resolution. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, and Knezovich. Nays: None. (Councilmembers Miller and Wilmarth ' withdrawn) Other Business Mayor Cassell distributed Resolution 83-17, relative to Council's desire to nominate Councilmember Gerry Horak for the position of Chairman of the Larimer-Weld Council of Governments. Councilmember Wilmarth made a motion, seconded by Councilmember Clarke, to adopt the Resolution. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, Miller, and Wilmarth. Nays: None. THE MOTION CARRIED. Mayor Cassell noted the resignation of Mrs. Reeves had created two commit- tee assignment vacancies -- one on the Poudre Fire Authority and one on the Airport Ad -Hoc Committee. Councilmember Clarke has requested the oppor- tunity to serve on the Poudre Fire Authority and Councilmember Miller has agreed to serve on the Airport Ad -Hoc Committee. Councilmember Horak made a motion, seconded by Councilmember Knezovich, to appoint Councilmembers Clarke and Miller to the Poudre Fire Authority and the Airport Ad -Hoc Committee respectively. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, Miller, and Wilmarth. Nays: None. THE MOTION CARRIED. -31- January 4, 1983 Councilmember Wilmarth asked when the questions of the Airport Authority and the Downtown Parking Plan would be returning to Council. Mayor Cassell replied the Airport Ad -Hoc meeting was January 25 at which time they will be discussing the Authority concept. The Airport Authority committee of the Chamber will be providing its comments and thoughts by that date. Staff will try to schedule the Downtown Parking Plan for the work session of January 25. Councilmember Wilmarth spoke of a letter received from residents of the Landings in which they urged completion of the expansion of Lemay Avenue between Horsetooth and Harmony Roads and asked for a traffic control light at the intersection of Landings Drive and Horsetooth Road. Director of Transportation Services Bob Lee responded his staff would be returning with a package relative to the traffic lights in that area. He will relay that information to the neighborhood residents. Councilmember Horak asked when the Resolution on wild and scenic designa- tion for the Poudre River requested by a group of citizens at a recent Council meeting would be presented to Council at a work session. City Manager Arnold replied he would check on the item. Adjournment Councilmember Horak made a motion, seconded by Councilmember Clarke, to adjourn the meeting. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, Miller, and Wilmarth. Nays: None. The meeting adjourned at 10:20 p.m. ATTEST: 1� i =� Mayor O -32- 1 1