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HomeMy WebLinkAboutMINUTES-10/16/1984-Regular1 October 16, 1984 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 or Tuesday, October 16, 1984, at 5:30 p.m. in the Council Chambers in the City of Fort Collins City Hall. Roll call was answered by the following Coun- cilmembers: Clarke, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Secretary's Note: Councilmember Elliott arrived at 7:30 p.m. Staff Members Present: Arnold, Eckman, Krajicek, Widmer Aqenda Review: Citv Manager ' City Manager Arnold called Council's attention to two handouts dealing with Item #8, Second Reading of Ordinance No. 141, 1984, Authorizing the Issuance of Landmark Special Improvement District No. 80, Special Assess- ment Bonds Dated November 1, 1984 in the Aggregate Principal Amount of $315,000. He noted this was a formality and would not require the item to be removed from Consent. Councilmember Rutstein asked that Item 7418, Hearing and First Reading of Ordinance No. 152, 1984, Expressing the Consent of the City to the Inclu- sion of Land within the Municipal Subdistrict, Northern Colorado Water Conservancy District, and Item #22, Resolution Amending the Rules and Regulations for the Operation of Municipal Cemeteries, be removed from the Consent Calendar. Keith Holmes requested Item #21, Resolution Authorizing Eminent Domain Proceedings to Acquire Property Needed for the Westside Transmission Main Project, be removed from the Consent Agenda. Bruce Lockhart, 2500 E. Harmony Road, asked that Item #15, Second Reading of Ordinance No. .149, 1984, Authorizing the Issuance of Downtown Develop- ment Authority Tax Increment Bonds in the Amount of $8,200,000, be with- drawn from the Consent Calendar. Tom Dougherty, 1129 Miramont, asked that Item #9, Second Reading of Ordi- nance No. 142, 1984, Amending Section 82-3 of the Code of the City of Fort ' Collins Relating to Parkland Fees, and Increasing the Amount of Said Fees to $625 for 1985; Item #11, Second Reading of Ordinance No. 144, 1984, -237- October 16, 1984 , Authorizing Amendment of Section 95-90 of the Code Relating to the Annual Review of Fees for Street Oversizing; and Item #12, Second Reading of Ordinance No. 145, 1984, Amending Chapter 112 of the Code Relating to Service Charges for Water and Sewer Service, be removed from the Consent Agenda. 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 r30, 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 October 2. 5. Second Reading of Ordinance No. 137, 1984, Authorizing the Mayor on behalf of the City of Fort Collins to execute an Intergovernmental Agreement with Larimer County for the Reconstruction of the Poudre This Ordinance was adopted on First Reading by a 6-0 vote on October 2. The City Council of Fort Collins has discussed with the Larimer County Commissioners the reconstruction of the Poudre River Bridge on Pros- pect to a four lane width instead of a two lane width as it presently is. The County Commissioners have been receptive to such a proposal. Staff has prepared an Intergovernmental Agreement between the City and the County on the terms of joint participation in the proposed pro- ject. The estimated cost of the proposed bridge is $1,200,000. 6. Second Readin of Ordinance No. 139 1984 Appropriating Unanticipated Revenues of 7,000 in the Transportation Fund for the SAINT Program. This Ordinance was approved on First Reading by a 6-0 vote at the October 2 meeting. The purpose of this ordinance is to appropriate $7,000 of unantici- pated grant funds in the Transportation Fund for the SAINT program. In May, 1984, the Senior Alternative in Transportation (SAINT) Program applied for a grant from the Larimer County Area Office on Aging -238- October 16, 1984 (Title III) to provide funds for continued program operation. SAINT is a volunteer transportation service, matching seniors (60+) in need of transportation with volunteer drivers. Formal award of this grant in the amount of $7,000 has been received. This grant will provide SAINT with adequate funding to operate through January, 1985. An additional $6,500 for the SAINT program, effective January, 1985, is being recommended by the Larimer County Department of Human Resources. This recommendation is subject to the approval of the Larimer County Commissioners and the Fort Collins City Council. 7. Second Reading of Prior Year Resery vation Trust Fund. Ordinance No. 140. 1984 s in the General Fund opriating $73,500 from ransfer to the Conser- This Ordinance was adopted on First Reading on October 2 by a vote of 6-0. In April of this year, Council authorized borrowing from Lottery Funds for two flood control projects - protection of the Shields Street Bridge and protection of Legacy Park. On May 1, 1984, Council adopted Ordinance 57, 1984, as an emergency ordinance, authorizing the trans- fer of $70,000 from the Conservation Trust Fund to the Seven Year Capital Fund for these projects. The ordinance also stated that the money would be repaid to the Conservation Trust Fund from the General Fund in 1984 if possible. The ordinance appropriates funds from prior year reserves in the General Fund to repay the $70,000 plus $3,500 in interest to the Conservation Trust Fund. 8. Second Reading of Ordinance No. 141 1984 Authorizing the Issu of Landmark Special Improvement District No. 80 Special Assess Bonds Dated November 1 1984 in the Aggregate Principal Amoun This Ordinance was adopted on First Reading by a 6-0 vote on October 2. The Landmark Special Improvement District No. 80 was formed by Ordi- nance No. 132, 1983 and approved on Second Reading October 18, 1983. The First Interstate Bank of Fort Collins has agreed to purchase the entire issue at a fixed interest rate of 10.100. 9. Second Reading of Ordinance No. 142, 1984 AmendingSection 82-3 of the Code of the Cityof Fort Collins Rel atin2 to Parkland Fees and Increasing the Amount of Said Fees to S625 for 1gR5_ This Ordinance was approved on First Reading by a vote of 5-1 at the October 2 meeting. The Parkland Fund receives a fee from 'developers' -239- October 16, 1984 ' for each new dwelling unit established within the City limits. These fees are to be used primarily for the acquisition and development of neighborhood parks in those areas that are contributing to the Park- land Fund. The Parks and Recreation Board, at their regular meeting of August 28, 1984, voted unanimously (8:0 with one of the members absent) to recommend that Council increase the 1985 Parkland Fee to $625, as proposed by staff. 10. Second Reading of Ordinance No. 143, 1984 Amendin Chapter 93 of the Code of the Cityof Fort Collins Relating to Storm Draina e Fees This ordinance was adopted on First Reading by a 6-0 vote at the meeting of October 2. This ordinance establishes the 1985 rate for the monthly, City-wide operations and maintenance utility fee. It also sets the 1985 rates for the monthly capital improvements utility fees in nine drainage basins. The Storm Drainage Board has reviewed the proposed 1985 Storm Drainage Fund budget and recommended adoption. 11. Second Reading of Ordinance No. 144 1984 Authorizing Amendment of I Section 95-90 of the Code Relating to the Annual Review of Fees for Street Oversizina. This Ordinance was adopted on First Reading by a 5-1 vote on October 2. Staff presented Council with a Policy Analysis for Street Over - sizing last year as part of the 1984 Budget process, recommending a gradual increase in the fees over a period of five years. Council approved the concept of the proposed gradual increases at that time. The table below shows the present fees, the recommended 1985 fees, and the proposed increases over the next four years. FEES CATEGORY RECOMMENDED Present 1985 1986 1987 1988 RESIDENTIAL $ 247/D.U. 249 250 252 253 COMMERCIAL $4,014/Gross Acre 4,528 5,041 5,555 6,069 INDUSTRIAL $1,007/Gross Acre 1,514 2,020 2,527 3,034 12. Second Reading of Ordinance No. 145 1984 Amending Chapter 112 of Code Relating to Service Charges for Water and Sewer Service. This Ordinance was adopted on First Reading by a 6-0 vote at the meeting of October 2. The Recommended 1985 Budget, as presented, ' includes no increase in monthly sewer service fees, an increase in -240- I October 16, 1984 monthly water service fees of approximately ten (10) percent, and an increase in both the water and sewer plant investment fees ranging from eighteen (18) to twenty-two (22) percent. 13. Second Reading of Ordinance No. 146, 1984 Appropriating Annual Expenditures for the City of fort Collins in 1985 and Settingthe (dill Levy for Said Fiscal Year. This Ordinance was adopted by a 6-0 vote on First Reading at the October 2 meeting. The Ordinance appropriates the 1985 Annual Budget of $158,898,321 and sets the mill levy at 12.860. 14. Items relating to 1985 Downtown Development Authority Budget. These Ordinances were adopted on First Reading by a 6-0 vote at the meeting of October 2. A. Second Reading of Ordinance No. 147, 1984, Appropriating Revenue in the DOA Fund. This is the Annual Appropriation Ordinance for the Downtown Development Authority, totalling S211,069. ' B. Second Readino of Ordinance No. 148, 1984, Setting -the Mill Levy for the Downtown Development Authority for 1985. The Ordinance sets the 1985 mill levy for the Downtown Development Authority at 5 _mills. This remains the same as the levy deter- mined for 1984. 15. Second Reading of Ordinance No. 149, 1984 Authorizing the I of Downtown Development Authority Tax Increment Bonds in the This Ordinance was adopted by a 6-0 vote on First Reading at the October 2 meeting. This Ordinance would issue the permanent debt financing for the current DDA projects, thereby refunding the current Bond Anticipation Notes and eliminating the need for the line -of -credit established earlier this year for the benefit of the DDA. 16. Hearing and First Reading of Ordinance No. 150, 1984 Vacation of all Easements and Rights of Way of HillDond on Spring Creek Second Filing. This property was replatted a number of times and to clear up the ' titles of the current lots, the owner is requesting the City vacate easements and rights -of -way on the original plat. -241- October 16, 1984 All utilities have been contacted and have indicated no problem with the request. 17. Hearing and First Reading of Ordinance No. 151, 1984, Amending Section 2-34 and 2-35 of the Code of the City of Fort Collins Relating to the Firemen s Pension Fund. The employees of the Poudre Fire Authority are currently covered by three different pension plans. The personnel hired prior to April 8, 1978 by the City of Fort Collins are under the Firemen's Pension Fund of the City of Fort Collins (often called the Fort Collins "old hire" pension plan). The personnel hired prior to April 8, 1978 by the Poudre Valley Fire Protection District are under the Poudre Valley Fire Protection District plan (often called the Poudre Valley "old hire" pension plan). The personnel hired by both organizations after April 8, 1978 and the personnel hired by the Poudre Fire Authority since the consolidation have been combined into one plan (often called the "new hire" pension plan). There are considerable differences in the benefits provided by the different plans. The plan for the per- sonnel hired by the City of Fort Collins prior to April 8, 1978 is the ' only plan that does not include a cost of living escalator and a vesting clause. As required by state statute, an actuarial study was conducted to determine the financial condition of the Firemen's Pension Fund of the City of Fort Collins as of January 1, 1984. At the same time, the actuary was asked to run cost figures to determine the cost of adding a three percent (3%) cost of living escalator and a vesting clause. After reviewing the actuary's report, the Pension Board felt that the costs associated with the cost of living escalator were prohibitive but that the costs of the vesting clause were reasonable. Though the addition of the vesting clause to the Fort Collins plan would not make the benefits of that plan equal to the benefits of the other plans, it would bring them closer together. This amendment would add a vesting clause to the plan and is supported by the Poudre Fire Authority. 18. Hearing and First Reading of Ordinance No. 1522 1984, Expressing the Consent of the City to the Inclusion of Land within the Municipal Sub- district, Northern Colorado Water Conservancy District. The Water Conservancy Act of the State of Colorado requires that lands receiving or using water supplied by the Municipal Subdistrict of the Northern Colorado Water Conservancy District be located within the boundaries of said Subdistrict. -242- October 16, 1984 In the past, the procedure for inclusion of newly annexed territories, and territories out of the City that are served by the City water utility, was very complicated. Recently, the general assembly has enacted a statute which authorizes the City to include land within the Municipal Subdistrict simply by the passage of the Ordinance attached, together with the submission of certified copies of all past annexa- tion ordinances to the Munici Dal Subdistrict Board of Directors. Accordingly, it is the staff's recommendation that the attached ordinance be adopted by the Council in order that all of the City's annexations subsequent to July 6, 1970 be included within the 111unici- pal Subdistrict. 19. Hearing and First Reading of Ordinance No. 153 1984 Appropriating Funds for the Remodel of the Library in the Capital Projects Fund. On July 1, 1984, an additional quarter -cent Sales and Use Tax was levied, to complete specified "Essential" General City capital im- provement projects: The remodel at the Library was included in this package of projects. This Ordinance provides for $103,000 to be appropriated in the Capital Projects Fund in order to begin the library remodel in 1984. The remodel consists of relocating the Children's Area, relocating the main desk, upgrading the conference room complex, and reinodeling the former bookmobile area. 20. Hearing and First Reading of Ordinance No. 154, 1984 Authorizing the City Manager to Enter into an Amendment to the Lease Agreement with Merit Financial Corporation for the Lease Purchase of a Pickup Truck with Crew Cab for Surveyors. One of the two trucks used by City Survey crews was purchased in 1974. That vehicle has reached the end of its useful life and needs to be replaced. The survey trucks are in daily use to transport crews and equipment throughout the City and surrounding areas. Special cabinets and storage bins are installed in the vehicle to hold the tripods, stakes, pins, and other specialized equipment used by the crews. The proposed ordinance would amend the existing agreement with Merit Financial Corporation to include the addition of a pickup truck with crew cab and necessary equipment by lease/purchase. The estimated cost of the total package is $15,000 to be repaid over a period of 5 I years at an interest rate of 8.6890. -243- 21. 22 23. October 16, 1984 ' Resolution Authorizing Eminent Domain Proceedings to Acquire Property Needed for the Westside Transmission Main Proiect. This project is designed to provide for increased water transmission capacity from Water Treatment Plant #2 into the western and southern parts of the city. The benefit will be increased water pressure during peak summer demand periods. The existing system is currently operating at capacity. The present scope of work requires right-of-way acquisition from four property owners. Acquisition across the C.S.U. Foothills Campus has been successfully obtained. Negotiations are continuing with the State of Colorado (National Guard Armory). No problems are antici- pated. An additional parcel is being considered on this Consent Agenda. This leaves problems with the last parcel needed for the project. ESTIMATE EASEMENT CITY OWNER PARCEL OWNER VALUE FINAL OFFER COUNTER #3 Holmes $3,573 $4,573 $10,000 Negotiations are continuing with Mr. Holmes and remain cordial; ' however, in order to meet the construction schedule, immediate 'pos- session of this parcel is needed. Failure to initiate eminent domain proceedings now could postpone completion of the project past the peak summer demand period causing pressure/supply problems for the south- west quadrant of the City. If we proceed with immediate possession, construction of this phase should be completed by June 1985. Resolution Amending the Rules and Regulations for the Operation of Municipal Cemeteries. In 1978, the City Council adopted Rules and Regulations governing the supervision, management and operation of Municipal Cemeteries. Those rules and regulations have been amended in part from time to time since 1978. Staff now recommends that the rules and regulations be amended in full in order to improve organization, clarify wording, and make certain substantive changes. zation of Out -of -City Sewer Service for Several Properties in con The neighborhood's request for Out -of -City sewer service was approved unanimously by the Water Board on August 17, 1984. The Planning and Zoning Board unanimously approved the request on August 27, 1984. Approval from both boards was contingent upon completion of the standard Out -of -City service agreement and compliance with other I applicable policies and procedures. -244- October 16, 1984 Septic systems currently serving homes in the neighborhood do not function properly. One of the homeowners in the neighborhood has received a citation for a failing septic system from the Larimer County Health Department. The County will not allow construction of new homes unless they are connected to the public sewer system. Approval of the neighborhood's request will allow seven homes to connect to the City's sewer. Three homeowners have indicated they will connect to the sewer as soon as it is available. 24. Routine Right -of -Way Acquisition The Water Utilities has designed the westside transmission main from Water Treatment Plant R2 to Lake Street at Overland Trail. This project will provide increased water transmission capacity and pres- sure for the western and southern parts of the City. Right-of-way funds are available for this acquisition. Grantor: Vernon C. Dazey and Bonnie M. Dazey. Consideration: $1,972 (based on .174/square foot). ' Location: South of Laporte Avenue and west of Overland Trail. Ordinances on Second Reading were read by title by Wanda Krajicek, City Clerk. Item u5. Second Reading -of Ordinance No. 137 1984 Authorizing the Mavnr on behal mental A the Poudr of the City of Fort Collins to execute an Intergo reement with Larimer County for the Reconstructi River Item #6. Second Reading of C cipated Revenues o e at Nrospect. finance No. 139 1984 7.000 in the Tran Item m7. Second Reading of Ordinance No. 140 1984 from Prior Year Reserves in the General Fu Conservation Trust Fund. Item r8. Second Readinc Issuance of Lam Assessment Bon pal Amount of T. Item A9. Second Reading ' of the Code of Fees, and Incr on riating Unanti- on Fund for the iating $73,5 ransfer to t of Ordinance No. 141, 1984, Authorizing the lark Special Improvement District No. 80 Special Dated November 1, 1984 in the A re ate Princi- 5 ,000. rf Ordinance No. 142, 1984, Amending Section 82-3 the City of Fort Collins Relating to Parkland asino the Amount of Said Fees to 1625 for 1985. -245- L Item 910. Second Reading of Ordina the Code of the City o October 16, 1984 143, 1984, Amending Chapter 93 of ollins Relating to Storm Drainage Item #11. Second Reading of Ordinance No. 144, 1984 Authorizing Amendment of Section 95-90 of the Code Relating to the Annual Review of Fees for Street Oversizing. Item #12. Second Reading of Ordinance No. 145, 1984, Amending Chapter 112 of the Code Relating to Service Charges for Water and Sewer Item #13. Second Reading of Ordinance No. 146, 1984. Appropriating Annual Expenditures for the City of Fort Collins in 1985 and Setting the Mill Levy for Said Fiscal Year. Item #14. A. Second Reading of Ordinance No. 147, 1984 Appropriating Revenue in the DDA Fund. B. Second Reading of Ordinance No. 148, 1984, Setting the Mill Levy for the Downtown Development Authority for 1985. ' Item #15. Second Reading of Ordinance No. 149, 1984, Authorizing the Issuance of Downtown Development Authority Tax Increment Bonds in the Amount of S8,2001000. Ordinances on First Reading were read by title by Wanda Krajicek, City Clerk. Item #16. Hearing and First Reading of Ordinance No. 150, 1984, Vacation of all Easements and Rights of Way of Hillpond on Spring Creek, Second Filing. Item 4117. _ of Ordinance No. 151, 1984, Amend Hearing and First Readinging Section 2-34 and 2-35 of the Code of the City of Fort Collins Relating to the Firemen's Pension Fund. Item #18. Hearing and First Reading of Ordinance No. 152, 1984, Expressing the Consent of the City to the Inclusion of Land within the Municipal Subdistrict, Northern Colorado Water Conservancy Item #19. Hearing and First Reading of Ordinance No. 153, 1984 Appropri- ating Funds for the Remodel of the Library in the Capital Pro- -246- October 16, 1984 Item #20. Hearing and First Reading of Ordinance No. 154, 1984, Authorizing the City Manager to Enter into an Amendment to the Lease Agree- ment with Merit Financial Corporation for the Lease Purchase of a Pickup Truck with Crew Cab for Surveyors. Councilmember Knezovich made a motion, seconded by Councilmember Stoner, to adopt and approve all items not removed from the Consent Calendar. Yeas: Councilmembers Clarke, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. Ordinance Amending Section 32-3 of the Code of the City of Fort Collins Relating to Parkland Fees, and Increasing the Amount of Said Fees to $625 for 1985, Adopted on Second Reading Following is the staff's memorandum on this item: ' "This Ordinance was approved on First Reading by a vote of 5-1 at the October 2 meeting. The Parkland Fund receives a fee from 'developers' for each new dwelling unit established within the City limits. These fees are to be used primarily for the acquisition and development of neighborhood parks in those areas that are contributing to the Parkland Fund. The Parks and Recreation Board, at their regular meeting of August 2.8, 1984, voted unanimously (8:0 with one of the members absent) to recommend that Council increase the 1985 Parkland Fee to $625, as proposed by staff." Tom Dougherty, 1129 Miramont, spoke to the fee increases included in the 1985 Budget and noted he was representing the development community. He expressed concern about the fees themselves and the process used to approve the fees. He did not feel the budget review was a satisfactory process for reviewing these fees. He suggested future fee increases be reviewed by persons who may end up paying the fees. Councilmember Clarke stated he felt it was important that the development community found out what the City is considering as soon as possible and not wait for City staff to notify them. He suggested a representative be present at Council meetings and report back to the developers. Mayor Horak noted a substantial number of work sessions had been held in May, June, and July dealing with these fees. He suggested a better com- munication process might be developed before the 1985-86 budget process begins. -247- October 16, 1984 ' Bill Bartran, 730 Spinnaker, local contractor, asked what the percentage of increase was between the 1984 and the 1985 general fund budgets. City Manager Arnold replied that the percentage increase was 6%. Mr. Bartran asked if there was any department that underspent their 1983 budget. City Manager Arnold replied that nearly all departments underspent their budgets for a total of $1.8 million in the General Fund, about 10". Mr. Bartran felt persons buying new construction were being over taxed and asked Council to keep that in mind when considering these fees. Mayor Horak pointed out these fees were not "new resident" fees but were a cost associated with a new area being developed. Homeowners should expect to pay them even if they were paying them at their previous residences in Fort Collins. Councilmember Rutstein noted Council did not like to increase fees but the options ,were property tax, sales tax, or fees for current residents. She added that amenities must be provided if the quality of life is to be maintained in Fort Collins. Councilmember Clarke noted these fees were designed to pay for amenities ' (parks, roads, services) people expect. He did not feel that 10-12% of the price of a $60,000 unit was an excessive percentage to be going towards common improvements expected by its residents. He felt this was the fair way to let development pay its way. Councilmember Knezovich suggested keeping the parkland fee at the current level of $590/unit. He noted the fee was designed to pay for neighborhood parks and stated he had a difficult time paying for neighborhood parks when the neighborhoods have not been established. He felt the City was using this money to develop community parks under the neighborhood park concept. City Manager Arnold noted the City was not spending parkland funds for community parks. He stated Council's policy specifies exactly how the parkland fund shall be used. He added the policy specified that the neighborhood component may be partially funded from the parkland fund but that is not funding an entire community park. He suggested Council may want to talk about the entire philosophy of the parkland fund at a future worksession. Councilmember Ohlson made a motion, seconded by Councilmember Rutstein, to adopt Ordinance No. 142, 1984 on Second Reading. Yeas: Councilmember Clarke, Horak, Ohlson, Rutstein, and Stoner. Nays: Councilmember Knezo- vich. THE MOTION CARRIED. -248- October 16, 1984 Ordinance Authorizing Amendment of Section 95-90 of the Code Relating to the Annual Review of Fees for Street Oversizing, Adopted on Second Reading Following is the staff's memorandum on this item: "This Ordinance was adopted on First Reading by a 5-1 vote on October 2. Staff presented Council with a Policy Analysis for Street Oversizing last year as part of the 1984 Budget process, recommending a gradual increase in the fees over a period of five years. Council approved the concept of the proposed gradual increases at that time. The table below shows the present fees, the recommended 1985 fees, and the proposed in- creases over the next four years. CATEGORY RESIDENTIAL COMMERCIAL INDUSTRIAL Present $ 247 /D. U. $4,014/Gross Acre $1,007/Gross Acre FEES RECOMMENDED 1985 1986 1987 1988 249 250 4,528 5,041 1,514 2,020 252 253 5,555 6,069 2,527- 3,034" Councilmember Clarke made a motion, seconded by Councilmember Rutstein, to adopt Ordinance No. 144, 1984 on Second Reading. Tom Dougherty, 1129 Miramont, expressed concern that economic development and growth will be jeopardized by these increased fees. Councilmember Rutstein pointed out the increase in these fees was divided between commercial and industrial whereas before the residential property owner was subsidizing the commercial and industrial property owner. Councilmember Stoner noted he was opposed to this great an increase but noted he had asked a member of the Board of Realtors in June to contact the Northern Colorado Homebuilders Association and the Chamber of Commerce to explain the proposed fees. He asked at that time that they analyze the impact of the increases and come back with facts describing the impact. Neither group provided any input or feedback. The vote on Councilmember Clarke's motion to adopt Ordinance No. 144, 1984 on Second Reading was as follows: Yeas: Councilmembers Clarke, Horak, Knezovich, Ohlson, and Rutstein. Nays: Councilmember Stoner. THE MOTION CARRIED. -249- October 16, 1984 Citizen Participation Secretary's Note: Councilmember Elliott arrived at this point in the meeting. A. Proclamation Naming October 18 as Humor and Health Day, was accepted by Chip Grant, 1204 tJest Oak. Bruce Lockhart, 2500 East Harmony Road, asked about the City's purchase of eight H-P 110 computers. City Manager Arnold replied the computers were a part of the City's entire office automation project. Barbara Allison, 1212 Lynnwood Road, asked if the City had a policy for the use of City Hall meeting rooms and questioned the use of the term "in -kind" contributions when referring to staff time spent on the smoking issue. City Manager Arnold explained the "in -kind" situation as it relates to the Campaign Reform Act reporting requirements. He explained the policy for using the meeting rooms at City Hall and noted the particular. incident Mrs. Allison was referring to had not been handled well. Ralph Waldo, Golden Meadows resident, appeared to thank Council for their decision to bond the improvements to South Lemay Avenue. Ordinance Amending Chapter 112 of the Code Relating to Service Charges for Water and Sewer Service, Adopted on Second Reading Following is the staff's memorandum on this item: "This Ordinance was adopted on First Reading by a 6-0 vote at the meeting of October 2. The Recommended 1985 Budget, as presented, includes no increase in monthly sewer service fees, an increase in monthly water service fees of approximately ten (10) percent, and an increase in both the water and sewer plant investment fees ranging from eighteen (18) to twenty- two (22) percent." Councilmember Rutstein made a motion, seconded by Councilmember Ohlson, to adopt Ordinance No. 145, 1984 on Second Reading. Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. -250- 1 October 16, 1984 Ordinance Authorizing the Issuance of Downtown Development Authority Tax Increment Bonds in the Amount of $8,200,000, Adooted on Second Reading Following is the staff's memorandum on this item: "This Ordinance was adopted by a 6-0 vote on First Reading at the October 2 meeting. This Ordinance would issue the permanent debt financing for the current DDA projects, thereby refunding the current Bond Anticipation Notes and elim- inating the need for the line -of -credit established earlier this year for the benefit of the DDA." Councilmember Rutstein made a motion, seconded by Councilmember Clarke, to adopt Ordinance No. 149, 1984 on Second Reading. Bruce Lockhart, 2500 East Harmony Road, asked if sales and use taxes would be pledged if the DDA tax increment was not sufficient. DDA Executive Director Bill Kingsbury explained that in order to obtain the insurance that saves approximately $150,000/year, there needed to be a pledge by the City of additional funds. The pledge would only be used when the bond coverage of the City is less than 5-1. The City is currently at 15-1. Everything possible was done to protect the City's position. The DDA has no intention of using City funds for the tax increment projects or to back up the bonds. Councilmember Clarke stated the City was helping to enhance the credit of the DDA which oft times is costly. The City is able to provide this credit enhancement at no risk to City funds. The vote on Councilmember Rutstein's motion to adopt Ordinance No. 149, 1984 on Second Reading was as follows: Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. Resolution Authorizing Eminent Domain Proceedings to Acquire Property Needed for the Westside Transmission Main Project, Adopted ' Following is the staff's memorandum on this item: -251- October 106, 1984 "This project is designed to provide for increased water transmission capacity from Water Treatment Plant #2 into the western and southern parts of the city. The benefit will be increased water pressure during peak summer demand periods. The existing system is currently operating at capacity. The present scope of work requires right-of-way acquisition from four property owners. Acquisition across the C.S.U. Foothills Campus has been successfully obtained. Negotiations are continuing with the State of Colorado (National Guard Armory). No 'problems are anticipated. An addi- tional parcel is being considered on this Consent Agenda. This leaves problems with the last parcel needed for the project. ESTIMATE EASEMENT CITY OWNER PARCEL OWNER VALUE FINAL OFFER COUNTER #3 Holmes $3,573 $4,573 $10,000 Negotiations are continuing with Mr. Holmes and remain cordial; however, in order to meet the construction schedule, immediate possession of this parcel is needed. Failure to initiate eminent domain proceedings now could postpone completion of the project past the peak summer demand period causing pressure/supply problems for the southwest quadrant of the City. If we proceed with immediate possession, construction of this phase should be completed by June 1985. The immediate possession approach has been discussed with Mr. Holmes and he agrees to keep negotiations open during the immediate possession process." Councilmember Knezovich made a motion, seconded by Councilmember Ohlson, to adopt Resolution 84-160. Keith Holmes, owner of the property and Wyoming rancher, spoke of the negotiations with Right of Way Agent Ron Mills for the City's acquisition of this property. Councilmember Knezovich stated he did not feel a City Council meeting was the proper place to negotiate further on this matter. Assistant City Attorney Paul Eckman explained this Resolution would author- ize the City Attorney's office to commence condemnation proceedings in the district court for the purpose of obtaining possession of the property promptly so the City can proceed with its construction project. Secondly, the condemnation proceedings would establish value of the property through an appraisal process in the court. -252- IOctober 16, 1984 Mayor Horak noted this was the beginning of the process and that negotia- tions would continue throughout the process. Norman Holmes, 2304 Road 226, Cheyenne, asked who would appraise the property. Assistant City Attorney Paul Eckman noted the court appoints a commission of jurors to determine the value. These jurors are not necessarily MAI appraisers, but persons experienced in valuing land and are supervised by the judge himself. During the process there is still the opportunity to negotiate and stipulate on value. The vote on Councilmember Knezovich's motion to adopt Resolution 84-160 was as follows: Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. Ordinance Appropriating Unanticipated Revenue in the DDA Fund to Assist in Funding a ' Feasibility Study on the Use of the Old Power Plant, Adopted on Second Reading Following is the staff's memorandum -on this item: "This Ordinance was adopted on First Reading at the October 2 meeting by a 5-0 vote (Councilmember Knezovich withdrawn). The Downtown Development Authority, in conjunction with Light and Power and the Poudre River Trust, desires to assist in funding a feasibility study to determine the advisability of converting the Old Power Plant to a Visual Arts Center. Representatives from the Denver Art Museum, the Colorado Council on the Arts and Humanities, and from the Business Committee for the Arts, Inc., an organization founded by the Rockefellers and based in New York City, have all expressed their interest in and support for this project. Council authorized appropriation of CDBG funds for a land use plan along the River from the Power Plant to Lemay. The feasibility study will enhance that endeavor by providing the basis on which grant applications may be made and interested parties involved in the development of the project." Councilmember Knezovich asked the record to show he did not participate in the discussion or vote on this item. ' Councilmember Clarke made a motion, seconded by Councilmember Elliott, to adopt Ordinance No. 138, 1984 on Second Reading. -253- October 16, 1984 Bruce Lockhart, 2500 East Harmony Road, asked about the funding of the open house to be held at the Power Plant. City Manager Arnold replied that the event was being funded by private contributions. The vote on Councilmember Clarke's motion to adopt Ordinance No. 138, 1984 on Second Reading was as follows: Yeas: Councilmembers Clarke, Elliott, Horak, Ohlson, Rutstein, and Stoner. Nays: None. (Councilmember Knezo- vich withdrawn) THE MOTION CARRIED. Resolution Making Appointments to the Choice Advisory Commission and the Parkinq Commission, Adopted Following is the staff's memorandum on this item: "A vacancy currently exists on the Parking Commission due to the resigna- tion of Jim Woods. The board liaison has reviewed the applications that were submitted. A vacancy also currently exists on the Choice Advisory Committee due to the resignation of Edward Waterman. The board liaison has reviewed the appli- cations that were in the active file. Recommendations for each of these vacancies will be forwarded under sepa- rate cover." Councilmember Stoner suggested Dan Keating he nominated for the CHOICE Advisory Committee. Councilmember Knezovich suggested Melvin Vuk be nominated for the Parking Commission. Councilmember Clarke made a motion, seconded by Councilmember Stoner, to adopt Resolution 84-162 inserting the names of Dan Keating and Melvin Vuk. Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. -254- l October 16, 1984 Councilmembers' Reports Councilmember Elliott reported that Gil Fisher of the Poudre Fire Authority had been named Arson Investigator of the Year, a state-wide honor. Councilmember Knezovich reported on the progress of the sales tax simplifi- cation bill and on the 1985 PRPA budget. Councilmember Stoner gave an update on the Airport Authority and the lease agreement with the new FBO. Mayor Horak noted sample ballots for the City's November 6 Special Election were available. He reported on the awards breakfast held by the Commission on Disability. He reported on the recent trip to Sweden and Denmark to view the energy projects and noted a slide show and more detailed report will follow. Ordinance Expressing the Consent of the City to the Inclusion of Land Within the Municipal Subdistrict, Northern Colorado Water Conservancy District Adopted on First Reading ' Following is the staff's memorandum on this item: "The Water Conservancy Act of the State of Colorado requires that lands receiving or using water supplied by the Municipal Subdistrict of the Northern Colorado Water Conservancy District be located within the boun- daries of said Subdistrict. The City of Fort Collins, although not a direct owner and user of Windy GaF. waters (which are the waters supplied by the Municipal Subdistrict) is entitled to the usage of Windy Gap waters pursuant to its reuse contract with Platte River Power Authority and the decree which eminated therefrom. It is also conceivable that the City may acquire Windy Gap waters in the future and it is important that the City not, through inaction, foreclose it's rights to utilize these Windy Gap waters. In the past, the procedure for inclusion of newly annexed territories, and territories out of the City that are served by the City water utility, was very complicated.. Recently, the general assembly has enacted a statute which authorizes the City to include land within the Municipal Subdistrict simply by the passage of the Ordinance attached, together with the sub- mission of certified copies of all past annexation ordinances to the Municipal Subdistrict Board of Directors. Accordingly, it is the staff's recommendation that the attached ordinance be adopted by the Council in order that all of the City's annexations subsequent to July 6, 1970 be included within the Municipal Subdistrict. -255- October 16, 1984 ' With regard to future annexations, the City will be including language in future annexation ordinances to accomplish the inclusion of those lands within a Municipal Subdistrict. Out -of -City petitioners will also be requested to petition for inclusion with the Board of Directors of the Municipal Subdistrict." Councilmember Knezovich made a motion, seconded by Councilmember Ohlson, to adopt Ordinance No. 152, 1984 on First Reading. Councilmerber Rutstein asked if the Water Board had reviewed this item. Assistant City Attorney Paul Eckman replied they had not but would review it prior to Second Reading on November 20. The vote on Councilmember Knezovich's motion to adopt Ordinance No. 152, 1984 on First Reading was as follows: Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Ohl son, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. Resolution Amending the Rules and ' Regulations for the Operation of Municipal Cemeteries, Adopted Following is the staff's memorandum on this item: "In 1978, the City Council adopted Rules and Regulations governing the supervision, management and operation of Municipal Cemeteries. Those rules and regulations have been amended in part from time to time since 1978. Staff now recommends that the rules and regulations be amended in full in order to improve organization, clarify wording, and make certain substantive changes. In addition to numerous minor clarification and organizational changes, the following major substantive changes have been made in the proposed Rules and Regulations for the Operation of Municipal Cemeteries: 1. A statement of the history of Fort Collins cemeteries has been added at the beginning of the Rules and Regulations for the purpose .of preserving that history and for the information of the citizens of Fort Collins. 2. Maps of Grandview and Roselawn Cemeteries have been added. 3. The Table of Contents has been expanded to include the titles of sub -paragraphs and applicable page numbers so that specific I sections or provisions may be located more easily. -256- IOctober 16, 1984 4. Section 2.0, the definition section, has been expanded to include many more words which are used in the Rules and Regulations and which need to be defined either for the convenience of the reader or to specify how the tern is used within the Rules and Regulations. 5. References to the conveyance of title to lots and burial spaces by deed has been replaced with references to the conveyance of only the right to interment in such lots or burial spaces. This change reflects the procedure presently being followed at the Cemeteries and clarifies what rights the lot or burial space owner obtains at the time the lot or burial space is purchased. 6. Provisions have been changed to make it clear throughout the Rules and Regulations that payment for services performed by the Cemetery crew must be made prior to the time the services are to be performed and that no interment (burial) will be made until the cost of the burial space and the perpetual care fee have both been paid in full. 7. A provision relating to the abandonment of burial spaces has been added to Section 8.0. occupied burial spaces In short, the right will revert to the of interment in un- City after fifty (50) years if no response is received to a Notice of Abandonment sent by the City. The issue of abandonment had not been dealt with in the previous Rules and Regulations. Such a provision will allow the sale of abandoned burial spaces, thus increasing the City's available supply. 8. Section 11.2, "Disposition - Removal Permit Required", has been added to make it clear that no interment will be allowed in the Cemeteries until a Disposition - Removal Permit is received, as required by state law. 9. The proposed Rules and Regulations include the recent changes made concerning burial receptacle requirements (see Section 11.7) and permission for disinterment (see Section 12.2). 10. As to cremains, the requirement that cremains be buried in concrete if they are not buried in a casket has been removed from Section 11.21. Persons interring cremains have a choice as to the type of container used and whether the container will be buried in concrete under the revised section. 11. In Section 14.1.5, the amount of the bond required to be filed by approved retail dealers has been increased from $2,000.00 to ' $3,000.00 to account for inflation in the cost of memorials, etc. In addition, a requirement has been added that such approved -257- 1 October 16, 1984 retail dealers provide evidence that their employees are covered by workmen's compensation insurance and that they carry liability insurance naming the City as an insured. This additional require- ment is intended to protect the City in the event that problems arise out of work done by such approved retail dealers. 12. Sections 14.5 and 14.6.1 have been amended to allow the Cemetery Superintendent to approve the use of materials other than first grade natural stone for memorials, mausoleums, etc. 13. Section 14.7, "Foundations and Delivery of Memorials, Etc.", has been amended to allow approved retail dealers to install foun- dations, as well as the Cemetery Crew, for memorials, etc. The section sets out the manner in which such foundations are to be laid, duties of the installer, etc. 14. Section 15.2, "Exceptions and Modifications", has been amended to allow the Cemetery Superintendent to make exceptions to the Rules and Regulations when advisable. Staff met on August 30 with local monument dealers and funeral directors to discuss our proposed revised rules and regulations for the operation of our ' municipal cemeteries. Those in attendance at this meeting included representatives from the Warren/Bohlender Funeral Chapel, Russell-Reager Funeral Home, Colorado Monument Company, and Goodrich Mortuary. We de- livered copies of the revised rules and regulations to the Fort Collins Monument Works and Olympian Sales and Management Consultants, Inc. of Colorado Springs. We requested comments and input by September 17, and we received quite a bit. Over a dozen changes and corrections were made as a result of this input. Staff now feels that the document is acceptable to all those major users of municipal cemeteries in Fort Collins." Councilmember Stoner made a motion, seconded by Councilmember Ohlson, to adopt Resolution 84-161. Councilmember Rutstein asked if. these rules and regulations were typical of cemetery rules and regulations and asked who had written them. Cemetery Superintendent Rick Bott replied they were for the most part written by staff based on the regulations written in 1978. There was input gathered from reviewing rules and regulations of other cemeteries. Councilmember Rutstein asked about provisions for the burial of indigent persons. -258- October 16, 1984 Rick Bott replied there was a very low fee for indigents that is provided by the County through Social Services. Councilmember Rutstein expressed concern about the policy of no weekend burials. She asked if an additional fee could be paid to arrange weekend burials. Assistant to the Director of Parks and Recreation Jerry Brown replied the policy had been instituted in 1978 as a cost saving measure. He noted the funeral directors concur with the policy and encourage their clients to proceed on a Monday through Friday basis. He noted there are exceptions for special circumstances when it is called to the attention of the ceme- tery administration. He noted they may want to rethink the policy now that the cemeteries revenues are showing a better recovery rate. City Manager Arnold suggested staff make the changes to the rules and regulations administratively based on Council's comments. The vote on Councilmember Stoner's motion to adopt Resolution 84-161 was as follows: Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Ohl son, ' Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. Adjournment Councilmember Rutstein made a motion, seconded by Councilmember Elliott, to adjourn the meeting to 6:30 p.m. on October 23 for legal and personnel matters. Yeas: Councilmembers Clarke, Elliott, Horak, Ohlson, Rutstein, and Stoner. Nays: Councilmember Knezovich. The meeting adjourned at 9:15 p.m. AnTTESTn: JLA City Clerk Mayor -259-