HomeMy WebLinkAboutMINUTES-12/04/1984-RegularIDecember 4, 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 on
Tuesday, December 4, 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: Elliott, Horak, Knezovich, Ohlson, Rutstein, and Stoner.
Secretary's Note: Councilmember Clarke arrived at 6:05 p.m.
Staff Members Present: Arnold, Huisjen, Krajicek, Widmer
Agenda Review: City Manager
City Manager
Arnold noted staff was requesting that Section G
of Item #19
be deleted.
The item will be rescheduled for December 18.
t
Councilmember
Knezovich asked that Item #18, Hearing and First
Reading of
Ordinance No.
180, 1984, Amending Section 114-2 of the Code of
the City of
Fort Collins
Relating to the "Model Traffic Code for Colorado
Municipali-
ties",-1977 Edition, be removed from the Consent Calendar.
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 #40, 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. Tabling of
Trance
tion of Spau
Second Readinq of Ordinance
n
er
155j1984, Authorizing the
1 Proects for the Construc-
a
This ordinance was unanimously adopted on First Reading on November
' 20, 1984.
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December 4, 1984
Staff has attempted to negotiate an agreement with the owner of the
property in the City for the repayment of the funds at the time the
property is developed in the future.
To date, staff has been unable to come to terms with the owner of the
property.
Staff recommends tabling the ordinance on second reading to allow
additional time to negotiate. The County staff supports the recom-
mendation.
5. Second Reading of Ordinance No. 166, 1984, Annexing Approximately 2.8
Acres Known as the Fossil Creek Second Annexation.
This ordinance was unanimously adopted on First Reading on November
20. The applicants, James P. Peterson, Clarissa F. Allison, and Floyd
W. Deines, are requesting annexation of approximately 2.8 acres
located south of Harmony Road, east of South College Avenue, and
northeast of the Fossil Creek Meadows Subdivision. The annexation is a
100% voluntary annexation in that the applicants are the only owners
of the property. This annexation achieves its one -sixth contiguity
requirement through a common boundary with the Fossil Creek First
Annexation.
At their regular monthly meeting on October 22, 1984, the Planning and
Zoning Board voted 7-0 to recommend approval of this annexation
request.
6. Second Reading of Ordinance No. 167, 1984, Zoning Approximately 2
Acres Known as the Fossil Creek Second Annexation Into the R-L, L
Density Residential. Zoninq District.
This ordinance was unanimously adopted on First Reading on November
20. The applicants, James P. Peterson, Clarissa F. Allison, and Floyd
W. Deines, are requesting zoning on approximately 2.8 acres, known as
the Fossil Creek Second Annexation, into the R-L, Low Density Resi-
dential, zoning district.
At the regular monthly meeting on October 22, 1984, the Planning and
Zoning Board voted 7-0 to recommend approval of the requested R-L
zoning district.
7. Second Reading of Ordinance No. 168, 1984, Vacating a Portion of the
Right -of -Way of the Frontage Road Along College Avenue in Front of
Reynolds ds/Cade lac/Su aru, W i e Retaininq it as a Utility Easemen
This ordinance was unanimously adopted on First Reading on November
20. Prior to the construction of the frontage road in front of Rey-
nolds Olds/Cadillac/Subaru, the dealership had been using the area for
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' December 4, 1984
displaying new cars. During the negotiations concerning the Frontage
Road construction it was agreed that the dealership would have use of
this land when the road was complete. Parking is not allowed in the
right-of-way for periods longer than 24 hours. It is also illegal to
park a vehicle between the curb and the property line. This request
for vacation is to enable the dealership to park cars legally on this
property. There are existing utilities in this location so a utility
easement needs to be retained in the area of the vacation.
8. Second Reading of Ordinance No. 169, 1984, Rescinding the Designation
of 128-132 LaPorte Avenue as a Historic Landmark.
This ordinance was unanimously adopted on First Reading on November
20. The property located at 128-132 LaPorte Avenue, known historically
as the Myron H. Akin Building and currently as Washington's Bar &
Grill, was designated as a local historic landmark by City Council on
second reading on June 21, 1977. On July 1, 1977, a demolition permit
was mistakenly issued to the property owner and, a few weeks later,
the front of the building was demolished. As a result of the demo-
lition, the Cultural Resources Board discussed the landmark designa-
tion status of the property at its meeting of December 14, 1983 and
passed a motion to pursue rescission of that designation due to the
fact that a large portion of the original landmark structure no longer
' existed and, thus, the property no longer met the criteria of a
historic landmark.
9. Second Reading of Ordinance No. 170, 1984, Authorizing the Transfer of
Appropriations Between Capital Projects.
This ordinance was unanimously adopted on First Reading on November
20. The County has requested the City to participate in an amount of
$20,000 in a joint project for the implementation plan for Cooper
Slough. The total project cost is $27,000. A transfer of appropri-
ations in the Storm Drainage Capital Projects Fund is necessary to
cover this anticipated expenditure.
The Storm Drainage Board has considered this matter and through a vote
unanimously supported the project.
10. Second Reading of Ordinance No. 171, 1984, Authorizing the Issuance of
,)peciai Assessment ponds Tor cunningnam corners Special Improvement
e Principal Amount o
This ordinance was unanimously adopted on First Reading on November
20. The Cunningham Corners Special Improvement District No. 82 was
formed by the City Council on June 5, 1984. It is a voluntary Special
Improvement District. The District was established under the City's
policies.
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December 4, 1984 '
The developers in the District have begun the construction of the
improvements, and the City will purchase the improvements under
construction, at cost, utilizing the proceeds from the bond issue.
11. Hearing and First Reading of Ordinance No. 173, 1984, Providing for
the Imposition of an Additional Twenty -Five Hundredths Percent .25%
Retail Sales and Use Tax to be Effective January 1. 1985.
Chapter 104 of the Code of the City of Fort Collins presently estab-
lishes a Sales and Use Tax in the amount of two and fifty hundredths
percent (2.50%). By Resolution 84-32, the Council referred a Sales and
Use Tax Ordinance to the qualified electors of the City for the
construction of a pool/ice rink. On May 1, 1984, the qualified elec-
tors of the City of Fort Collins approved the imposition of an addi-
tional twenty-five hundredths percent (.25%) Sales and Use Tax to
begin on January 1, 1985, and continue through December 31, 1989, for
the purpose of raising revenues to construct and maintain the pool/ice
rink facility. This tax was to be effective as to sales and use
of all taxable transactions as defined in Chapter 104, with the
exception of food.
12. Hearing and First Reading of Ordinance No. 174, 1984 Establishing a I
Sales Tax Rebate Program to Provide Relieffrom Sales Tax Paid on Food
Purchases.
During the 1985 budget worksessions, Council directed staff
to develop
a Sales
Tax Rebate Program
which would provide
low income
residents
relief from sales tax paid
on food purchases.
The Sales
Tax Rebate
Program
will be administered August 1 through
December 31 with the
Property
Tax/Utility Charge
Refund Program. If
eligible, a
refund of
$25 per
person per eligible
household will be given.
13. Hearing and First Reading of Ordinance No. 175, 1984, Relating to Pre-
cincts and Polling Places for Municipal Elections.
A general municipal election will be held on March 5, 1985. At that
time, four District Councilmembers will be elected to serve on the
City Council,.and various Charter amendments will be submitted to the
voters. Staff is recommending the addition of one precinct and
changes in three polling places.
This ordinance establishes the 1985 precincts contained in the
District -Precinct Map. The ordinance also sets the polling places for
City precincts. This map does not change District boundaries, which
were established for the 1985 election earlier this year.
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December 4, 1984
14. Hearing and First Reading of Ordinance No. 176, 1984, Appropriating
Unanticipated Revenue in the FAUS Grant Fund.
The City of Fort Collins received Federal and State approval in 1983
to use Federal Aid Urban Systems (FAUS) monies totaling $176,760 for
the expansion of the computerized signal system. These grant funds
were to be used for engineering, material procurement, and installa-
tion of the system expansion. The City of Fort Collins has since
received notification of an additional $352,772 available in FAUS
funds which will be used to install new traffic signals over the next
three years and for construction of railroad preemption and traffic
signal modification work associated with the Mason/Howes one-way
couplet project.
Original Allocation (Ordinance 121, 1983) $176,760
Additional Allocation 352,772
$529,532
15. Hearing and First Reading of Ordinance No. 177, 1984, Appropriating
Unanticipated Revenue in the Communications Fund.
On July 3, 1984, City Council authorized the City Manager to enter
into a lease agreement with Northern Telecom, Inc. to upgrade the
City's telephone system. The upgrade is necessary because the City
has no capacity to add telephone or data lines to the existing PBX.
Accounting principles require that the lease agreement be recorded as
a capital lease. This principle requires that we recognize a revenue
(lease proceeds) and an expenditure (equipment to be leased) this
year. Hence, it is necessary to make an appropriation for the amount
of the expenditure related to the equipment to be leased.
This ordinance appropriates $250,000 in unanticipated revenue from
lease proceeds.
16. Hearing and First Reading of Ordinance No. 178, 1984, Appropriating
Unanticipated Revenue in the General Fund.
The General Fund has received payment in the amount of $14,008 for
work performed by the Office of Information & Communication Systems.
This revenue, totalling $14,008 needs to be appropriated in the ICS
budget to cover the direct and contractual expenditures associated
with the following systems projects:
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December 4, 1984
$ 3,958 Reimbursement from Loveland for Police system user
group fee
1,750 Reimbursement from Water Fund for addition of water
surcharge to utility bills
8,300 Reimbursement from Transportation Fund for addition
of Transportation utility charge
$14,008 Total
17. Hearing and First Reading of Ordinance No. 179, 1
Unanticipated Revenue in the Larimer County Libr
4, Appropriating
i Services Fund.
The Fort Collins Public Library, Loveland Public Library and Estes
Park Public Library have been awarded a federal grant in the amount of
$9,895 under the Library Services and Construction Act, Title I, to
establish and maintain a collection of videocassettes for loan. Each
of the participating libraries is adding $1,000 to the project bring-
ing the total project funding and cost to $12,895.
The City of Fort Collins will be the fiscal agent for the project, re-
ceiving and expending all project funds. Our contribution of $1,000
will be funded from existing appropriations, leaving $11,895 to be
appropriated at this time.
18. Hearing and First Reading of Ordinance No. 180, 1984, Amending Section '
114-2 of .the Code of the City of Fort Collins Relating to the "Model
.Traffic Cade For Colorado Mum cipalities 1977 Edition.
The State of Colorado adopted a child restraint system law (Section
42-4-235, C.R.S.) that went into effect on January 1, 1984. Enforce-
ment of this state law in the County Court system is difficult due to
the backlog of cases, such as those involving alcohol -related of-
fenses. For this reason, it would be advantageous to have a child
restraint system law adopted by the City so that this important
requirement could be enforced through Municipal Court. In Municipal
Court, this offense could be handled as a violations bureau offense.
The proposed ordinance, which is similar to the State law and an
ordinance adopted by the City and County of Denver, would enhance the
Police Department's position in enforcement and compliance regulation.
Automobile safety is a concern that the Police Department shares with
local officials and citizens. With a local emphasis on this issue,
our safety interests can be better monitored and safeguarded.
19. Hearing and First Reading of Ordinance No. 181, 1984, Appropriatin
rior ear eserves an nanticipate evenue in arious Funds an
Transferring Appropriations Between Funds.
As part of the 1985 Budget process, we have identified various funds ,
l
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December 4, 1984
which require a supplemental appropriation for 1984 expenditures.
Council has received detailed explanations on what each appropriation:
is for and how the appropriation is being financed.
20. Hearing and First Reading of Ordinance No. 182, 1984, Vacating Ease-
ments and ROW at Centerpoint Park.
Centerpoint Park has been replatted as Prospect Park East with all
easements and rights -of -way dedicated and in place. The owner has
requested the easements and rights -of -way be vacated at Centerpoint
Park to avoid conflicts. All utilities have been notified and have no
problems with the vacation.
21. Hearing and First Reading of Ordinance No. 183, 1984, Authorizing the
Transfer of Funds Between Storm Drainage Capital Projects.
The 7-year Sales Tax program provided $2 million for storm drainage
improvements. Some of these funds were used to complete the city's
drainage basin master plans, which eventually led to the development
of the present storm drainage utility. Capital improvements for storm
drainage are now financed within the City's eight major drainage
basins by drainage fees collected in those basins. This ordinance
transfers several older appropriations to ensure consistency in the
new drainage utility accounting system.
22. Hearing and First Reading of Ordinance No. 184, 1984, Appropriating
Revenue for Payment of Debt Service.
This is the Appropriation Ordinance for payment of interest charges on
the Bond Anticipation Notes for the Downtown Development Authority.
The City Council authorized the issuance of Tax Increment Bond Anti-
cipation Notes in the amount of $3,100,000 in Ordinance 53, 1983. The
monies from the sale of the notes are used by the Downtown Development
Authority to finance projects approved by the Authority, and adopted
as being in accordance with the Plan of Development by the Fort
Collins City Council.
Tax Increment monies were pledged in Ordinance 53, 1983 for payment of
the debt on the Bond Anticipation Notes. Tax increment monies are the
ad valorem property taxes received from property within the DDA
district, which are in excess of the amount received in the Base year
(1981). Payment of the interest due on the Bond Anticipation Notes is
now due and payable.
23. Items Relating to the
Road to Prospect Road.
rovements of Timberline Road from Harmo
A. Resolution Authorizing the Mayor to, Enter into an Intergovern-
mental Agreement with Larimer County.
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December 4, 1984 '
B. Hearing and First Reading of Ordinance No. 185, 1984, Appropri-
ating Prior Year Reserves in the General Fund for Transfer to the
Capital Projects Fund.
At the Council work session on November 13, 1984, a presentation was
made on a proposed project to reconstruct Timberline Road from Harmony
to Prospect. The improvement would consist of reconstructing the
pavement for two lanes of traffic, widening to three lanes at major
intersections to provide left turn lanes, constructing an off-street
bike path on both sides of the street and other drainage and street
improvements as needed. The estimated cost of the project is $750,000.
Following the work session an intergovernmental agreement was drafted
and presented to Larimer County. The agreement provides for partici-
pation in the project by the County. The City and County would agree
to share equally in the cost with each paying an estimated $375,000.
The project will begin after both the City and County have appropri-
ated funds.
24. Resolution Authorizing the Extension of External Audit Services for
One Year.
The Finance Committee recently met and discussed the 1985 Annual
Audit. On Staff's request, the Committee is recommending the exten-
sion of Erickson, Hunt and Spillman, P.C.'s engagement for one year.
Staff requested the extension to allow continuity of auditors while
our automated financial reporting system is fully implemented. The
1984 Annual Financial Report contained report formats that were not to
either the Auditor's or Finance Staff's standards. To correct the
formats would have delayed the final report several weeks, and the
report was almost two months late when a joint decision was made to
print a report that was not up to the City's or Auditor's high stan-
dards but was in accordance with Generally Accepted Accounting Prin-
ciples.
Upon completion of the 1984 Annual Audit and the election of new
Councilmembers, the Finance Committee recommends that the 1985 Com-
mittee request proposals for auditing services for 1985 and subsequent
years.
25. Resolution Authorizing the City Manager to Enter into an Agreement
with Taranto, Stanton & Tagge for Design and Services During Con-
struction of theAnheuser-Busch Waterline.
The primary purpose of the project is to provide water service to the
Anheuser-Busch plant. By oversizing certain reaches of the pipe, the
City's distribution system will also be reinforced.
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December 4, 1984
In keeping with the Master Agreement between the City of Fort Collins
and Anheuser-Busch, Inc., the Water Utility is required to respond to
a trigger letter received July 30, 1984 by beginning design of the
water line. At this time, only authorization to proceed through
design has been received from Anheuser-Busch. Authorization for the
construction phase is anticipated upon completion of design so that
the project can be built within the 27 months prescribed in the Master
Agreement. In accordance with the trigger letter, our contract with
Taranto, Stanton & Tagge states that the City will retain the author-
ity to end Engineering Services at anytime.
Taranto, Stanton & Tagge engineers were selected as a result of the
Professional Services Selection process.
26. Resolution Approving an Addendum to Renewal Contract with General Code
Publishers for Supplementation of City Code.
The City Code specifies that the City Council will provide for supple-
mentation of the Code of Ordinances. In 1971, the City entered into a
contract with General Code Publishers of Rochester, New York for
codification and supplementation of the City Code. That contract was
renewed last December for a one-year term with expiration on December
31, 1984. This Resolution approves an Addendum to the contract for
Code services for the period ending December 31, 1985.
27. Routine Deeds and Easements.
The following are routine deeds and easements which have been reviewed
and approved by the affected departments and legal staff:
a) License agreement with Western Area Power Administration (WAPA),
to allow the Light & Power Utility to construct an underground
electric duct bank across an easement held by the United States
Department of Energy. The duct bank is to be installed between
Vine Drive and the substation at Anheuser-Busch. The duct bank
intersects the WAPA easement just south of the Anheuser-Busch
property. There is no charge for the license.
b) Two easement dedications from American Continental Corporation
for utilities in Golden Meadows Third Filing. These two easements
were overlooked when Golden Meadows was platted, and they are now
being dedicated since there are utilities in them.
c) Warranty Deed
from American Continental
Corporation for Tract A of
Golden Meadows Third Filing, whic is
being deeded to the City
because there
is a storm, drainage line
in it which will be used by
the Parks and
Recreation Department to access the neighborhood
park.
1
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December 4, 1984
Ordinances on Second Reading were read by title by Wanda Krajicek, City I
Clerk.
Item #4. Tabling of Second Reading of Ordinance No. 155, 1984, Authorizing
the Transfer of Appropriations Between Capital Projects for the
Construction of Spauldinq Lane to December 18, 1984.
Item #5. Second Reading of Ordinance No. 166, 1984, Annexing Approximately
2.8 Acres Known as the Fossil Creek Second Annexation.
Item #6. Second Reading of Ordinance No. 167, 1984, Zoning Approximately
2.8 Acres Known as the Fossil Creek Second Annexation Into the
R-L, Low Density Residential, Zoning District.
Item #7. Second Reading of Ordinance No. 168, 1984, Vacating a Portion of
the Right -of -Way of the Frontage Road Along College Avenue in
Front of Reynolds Olds/Cadillac/Subaru, While Retaining it as a
Utility Easement.
Item #8. Second Reading of Ordinance No. 169, 1984, Rescinding the Desig-
nation of 128-132 LaPorte Avenue as a Historic Landmark.
Item #9. Second Reading of Ordinance No. 170, 1984, Authorizing the
Transfer of Appropriations Between Capital Projects.
Item #10. Second Reading of Ordinance No. 171, 1984, Authorizing the '
Issuance of Special Assessment Bonds for Cunningham Corners
Special Improvement District No. 82 in the Principal Amount of
1,265,000.
Ordinances on First Reading were read by title by Wanda Krajicek, City
Clerk.
Item #11. Hearing and First Reading of Ordinance No. 173, 1984, Providing
for the Imposition of an Additional Twenty -Five Hundredths
Percent .25% Retail Sales and Use Tax to be Effective January
1, 1985.
Item #12. Hearing and First Reading of Ordinance No. 174, 1984 Establishing
a Sales Tax Rebate Program to Provide Relief from Sales Tax Paid
on Food Purchases..
Item #13. Hearing and First Reading of Ordinance No. 175, 1984, Relating to
Precincts and Polling P aces or unicipal Elections.
Item #14. Hearing and First Reading of Ordinance No. 176, 1984, Appropri-
ating Unanticipated Revenue in the FATS Grant Fund.
Item #15. Hearing and First Reading of Ordinance No. 177, 1984, Appropri-
ating Unanticipated Revenue in the Communications Fund.
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' December 4, 1984
Item #16. Hearing and First Reading of Ordinance No. 178, 1984, Appropri-
ating Unanticipated Revenue in the General Fund.
Item #17. Hearing and First Reading of Ordinance No. 179, 1984, Appropri-
ating Unanticipated Revenue in the Larimer County Library Ser-
vices Fund.
Item #18. Hearing and First Reading of Ordinance No. 180, 1984, Amending
Section 114-2 of the Code of he tCity of Fort Collins Relating to
the Model Traffic Code For Colorado Municipalities", 1977
FHi+,nn
Item #19. Hearing and First Reading of Ordinance No. 181, 1984, Appropri-
ating Prior Year Reserves and Unanticipated Revenue in Various
Funds and Transferring Appropriations Between Funds.
Item #20. Hearing and First Reading of Ordinance No. 182, 1984, Vacating
Easements and ROW at Centerpoint Park.
Item #21. Hearing and First Reading of Ordinance No. 183, 1984, Authorizing
the Transfer of Funds Between Storm Drainage Capital Projects:
Item #22. Hearing and First Reading of Ordinance No. 184, 1984, Appropri-
sting Revenue for Payment of Debt Service.
Item #23. B. Hearing and First Reading of Ordinance No. 185, 1984, Appro-
priating Prior Year Reserves in the General Fund for Transfer
- to the Capital Projects Fund.
Councilmember Rutstein made a motion, seconded by Councilmember Knezovich,
to adopt and approve all items not removed from the Consent Calendar.
Yeas: Councilmembers Elliott, Horak, Knezovich, Ohlson, Rutstein, and
Stoner. Nays: None.
THE MOTION CARRIED.
Resolution Making Appointments to the Cable Advisory
Board and the Public Access Advisory Board, Adopted
Following is the staff's memorandum on this item:
"A vacancy currently exists on the Cable Advisory Board due to the resig-
nation of Dave Swigert.
Three vacancies currently exist on the Public Access Advisory Board
due to the resignations of Arthur Botterell, Dan Arensmeier and Anita
Montgomery.
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December 4, 1984 '
The board liaison has reviewed the applications in the active file, as well
as the applications that were submitted. Council needs to select persons
to fill these vacancies for the terms listed on the attached Resolution."
Mayor Horak asked for the recommendations of the board liaison on filling
the vacancies on these two boards.
Councilmember Rutstein nominated Daniel Marvel for the Cable Advisory Board
and nominated Jim Welch, Dudley Lynch, and Judith Buddenbaum for the Public
Access Advisory Board.
Councilmember Knezovich nominated John McCoy for the Public Access Advisory
Board and asked that he be given preference over Dudley Lynch.
By straw vote a majority of Councilmembers selected Dudley Lynch to serve
on the Public Access Advisory Board.
Councilmember Ohlson made a motion, seconded by Councilmember Elliott, to
adopt Resolution 84-184 inserting the name of Daniel Marvel to serve on the
Cable Advisory Board and inserting the names of Dudley Lynch, Jim Welch,
and Judith Buddenbaum as members of the Public Access Advisory Board
serving terms that expire in July of 1985, 1986, and 1987 respectively. I
Yeas: Councilmembers Elliott, Horak, Knezovich, Ohlson, Rutstein, and
Stoner. Nays: None.
THE MOTION CARRIED.
Resolution Directing Staff to Investigate
the Potential for City Participation or
Assistance in Financing the Retrofitting
of Existing High Rise Buildings to Conform
with Life Safety Requirements, Denied
Following is the staff's memorandum on this item:
"At the City Council meeting on November 20, 1984, City Council considered
Ordinance No. 172, 1984 which amended portions of the Uniform Fire Code and
added life safety requirements for existing high-rise buildings. During
the discussion of the Ordinance (which was later passed on first reading),
City Council passed a motion directing staff to prepare a resolution
to investigate the potential for reducing the economic burden of the
requirements of Ordinance No. 172, 1984 on existing high rise buildings
through City assistance or participation in financing. This Resolution is
intended to fulfill the direction given in that motion."
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' December 4, 1984
Councilmember Elliott made a motion, seconded by Councilmember Ohlson, to
adopt Resolution 84-185.
Councilmember Knezovich asked about Charter requirements that might limit
City participation with private enterprise.
City Attorney Huisjen replied there were limits as far as making contribu-
tions to individuals privately. If a public benefit is to be obtained,
a contract might be entered into. In this case there may be a public
benefit to the City in that there may be reduced operational costs for
firefighting, firefighters, location of equipment, etc. That public
benefit would need to be explored before a contract could be entered into
with the building owners for any City contribution to building improvements
or before any City commitment to provide some method of financing through a
special improvement district or an IDRB could be made. Council would need
to determine if there is sufficient public.benefit.
City Manager Arnold noted staff was awaiting Council direction before
exploring any specific methods of financing or City participation.
Councilmember Elliott pointed out this Resolution only provided for the
investigation of various possibilities and did not make any City commit-
ment. He urged adoption of the Resolution.
' Councilmember Knezovich urged defeat of the Resolution noting it defied
Charter provisions. He added he felt this Resolution was an elaborate
charade to allow some Councilmembers to vote affirmatively on the next
agenda -item, the ordinance amending the Uniform Fire Code.
The vote on Councilmember Elliott's motion to adopt Resolution 84-185 was
as follows: Yeas: Councilmembers Elliott, Ohlson, and Stoner. Nays:
Councilmembers Horak, Knezovich, and Rutstein.
THE MOTION FAILED.
Ordinance Amending Portions
of Chapter 50 of the Code of the City of Fort
Collins Relating to the Uniform Fire Code, Including
the Addition of Life Safety Requirements for Existing
High -Rise Buildings, Adopted on Second Reading
Following is the staff's memorandum on this item:
"This ordinance was adopted on First Reading on November 20 by a 5-2
vote. In 1980-1981, the Poudre Fire Authority prepared a Fire Protection
and Emergency Services Master Plan which included recommendations for the
future growth and development of fire protection in the community.
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December 4, 1984 '
The Master Plan stressed balancing the potential for fires in the Fort
Collins area with the Poudre Fire Authority's ability to combat them.
Like many other departments across the nation, the Poudre Fire Authority
determined that the fire risk allowed in buildings built under current
codes were beyond their capabilities. The Master Plan suggested that new
structures contain built in fire protection rather than impose the expense
of additional firefighters and equipment on the general taxpayer. In this
manner, the cost of fire protection is born by the party creating the
risk.
The Master Plan also recommended that all existing high rise buildings
be retrofitted with automatic sprinklers. The Fort Collins City Council
adopted the Master Plan excluding the high-rise portion on January 5,
1982. Council recommended that the Poudre Fire Authority study the high-
rise problem in further detail.
With the help of the City and the Larimer County Building Officials,
Poudre Fire Authority Staff began working on modifications to the building
and fire codes in order to implement the Fire Master Plan with the excep-
tion of the existing high-rise recommendation. These modifications were
adopted with the 1982 Uniform Building Code and the 1982 Uniform Fire
Code."
Councilmember Elliott made a motion, seconded by Councilmember Ohlson, to '
adopt Ordinance No. 172, 1984 on Second Reading.
Councilmember Knezovich noted he did not feel the City should retroactively
change the Fire Code since the buildings in question had met code require-
ments at the time of their construction. He noted the ordinance was
unnecessary and added the marketplace would take care of the buildings that
were not in conformance.
Mayor Horak supported the ordinance noting it was a matter of safety and
health and that the Poudre Fire Authority supported the action. He lauded
CSU for their efforts in retrofitting campus buildings with sprinkler
systems and stated he felt it was time for the City to take care of other
buildings within the City.
The vote on Councilmember Elliott's motion to adopt Ordinance No. 172, 1984
on Second Reading was as follows: Yeas: Councilmembers Elliott, Horak,
Ohlson, and Rutstein. Nays: Councilmembers Knezovich and Stoner.
THE MOTION CARRIED.
Mayor Horak suggested the: Poudre Fire Authority might look at the Master
Plan to see if it needed amended in light of this ordinance.
Note: Councilmember Clarke arrived at this point.
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' December 4, 1984
Ordinance Amending Section 114-2 of the Code
of the City of Fort Collins Relating to the
"Model Traffic Code For Colorado Municipalities",
1977 Edition, Adopted as Amended on First Reading
Following is the staff's memorandum on this item:
"Automobile collisions are the most common cause of injuries to young
children. Young children are dangerously exposed to serious head injuries
because of their proportionately larger heads. Due to a child's small
size, if they are involved in a collision and are unrestrained (no seat
belt protection), they are more likely to be injured or killed because they
will be thrown farther and faster. Studies show that over 90% of child
fatalities in automobile accidents would be prevented by the use of crash -
tested child restraint systems.
The State of Colorado adopted a child restraint system law (Section 42-4-
235, C.R.S.) that went into effect on January 1, 1984. Enforcement of this
state law in the County Court system is difficult due to the backlog of
cases, such as those involving alcohol -related offenses. For this reason,
it would be advantagous to have a child restraint system law adopted by the
City so that this important requirement could be enforced through Municipal
' Court. In Municipal Court, this offense could be handled as a violations
bureau offense.
Seeking compliance, not punishment, is the primary intent of the Police
Department on this issue. Our interest is in getting adults who make
decisions for children in these situations to recognize the potential of
serious injury or death that a child faces when unrestrained in an auto-
mobile and gain compliance with the law. In addition to the many child
restraint systems available for purchase, various loaner programs for
infant and toddler restraint systems have over 500 seats available in the
City for rental use at a very low cost.
Public education on this issue is as important as enforcement. The Police
Department has participated in this process and will continue to do so by
having information available for the public.
The proposed ordinance, which is similar to the State law and an ordinance
adopted by the City and County of Denver, would enhance the Police Depart-
ment's position in enforcement and compliance regulation. Automobile
safety is a concern that the Police Department shares with local officials
and citizens. With a local emphasis on this issue, our safety interests
can be better monitored and safeguarded."
Councilmember Ohlson made a motion, seconded by Councilmember Rutstein, to
adopt Ordinance No. 180, 1984 on First Reading.
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December 4, 1984 '
Councilmember Knezovich suggested amending this ordinance to make it
conform with state statutory requirements. He stated the ordinance, as
presented, is a stricter version of state law.
Councilmember Knezovich made a motion, seconded by Councilmember Stoner, to
amend Ordinance No. 180, 1984 by adding the phrase "which is driven by a
resident of this state" to Section 20-18(b) after the words "noncommercial
passenger vehicle" and by adding a new paragraph (d) as follows:
"(d) The requirements of this section shall not apply to a child
who:
(1) Is being transported in a motor vehicle in which all
seating positions equipped with safety belts or child
restraint systems are occupied; or
(2) Is being transported in a motor vehicle as a result of
a medical emergency."
Dave Feldman, Police Department Patrol Division Head, noted the Police
Department had no objection to Councilmember Knezovich's amendments and
addressed the Police Department's concerns relating to the backlog of cases '
in the County court system. This ordinance would allow ordinance viola-
tions to be heard in Municipal Court. He noted that as with all traffic
contacts, the officer has discretion to issue warnings in unusual situa-
tions such as out of state drivers who may not be aware of state or local
requirements.
Councilmember Stoner felt the local requirements should be consistent with
the state requirements and noted he supported the amendments.
The vote on Councilmember Knezovich's motion to amend Ordinance No. 180,
1984 as previously stated was as follows: Yeas: Councilmembers Clarke,
Elliott, Horak, Knezovich, Rutstein, and Stoner. Nays: Councilmember
Ohlson.
THE MOTION CARRIED.
The vote on Councilmember Ohlson's motion to adopt Ordinance No. 180, 1984
as amended on First Reading was as follows: Yeas: Councilmembers Clarke,
Elliott, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None.
THE MOTION CARRIED.
1
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December 4, 1984
Councilmembers' Reports
Councilmember Elliott noted final work had been done on the agreement
between the City and the Fort Collins -Loveland Water District. He added
the agreement would be coming to Council after Water Board review and noted
the project had been worked on for the past three to four years. He stated
the agreement outlined the relationship between both the water and sanita-
tion districts.
Councilmember Ohlson reported on the National League of Cities meeting in
Indianapolis attended by Mayor Horak and himself.
Mayor Horak reported on the hearing on the proposed Cache La Poudre basin
study. He stated there would be heavy emphasis on public process.
Citizen Participation
A. Proclamation Naming December 9-15 as Drunk Driving Awareness Week was
accepted by Police Lieutenant C.J. Davis, Traffic Coordinator.
B. Presentation of award for Distinguished Budget Preentation by repre-
sentatives of the Government Finance Officers Associastion was made to
Budget Officer Silvija Widmer by Bob Eichem, President of the Govern-
ment Finance Officers Association.
C. Proclamation Naming December 1 as Recycling Day was accepted by a CAN
representative.
Ordinance Changing the Regular Council
Meeting Time to 6:30 P.M., Adopted on First Reading
Following is the staff's memorandum on this item:
"At the meeting of November 20th on
prepare the attached Ordinance, which
time to 6:30 p.m. from 5:30 p.m.
a 6-1 vote, Council directed staff to
changes the Council's regular meeting
If adopted on Second Reading on December 18th, the Ordinance would take
effect for the regular meeting of January 15th."
Councilmember Ohlson made a motion, seconded by Councilmember Stoner, to
adopt Ordinance No. 186, 1984 on First Reading.
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December 4, 1984 '
Councilmember Ohlson stated he was in favor of the meeting time change
because of the inconvenience the current schedule causes to the public.
Councilmember Knezovich stated that the cost associated with the Council
dinners was not the issue -- the convenience to the citizens was the
motivation for the change.
Councilmember Elliott made a motion to amend Ordinance No. 186, 1984 by
providing the regular meetings begin at 5:30 p.m. but that no break be
taken between 6:30 p.m. and 7:30 p.m.
THE MOTION DIED FOR LACK OF A SECOND.
Mayor Horak agreed with the proposed change noting this method had been
tried for six months in 1981. He urged support of the ordinance.
The vote on Councilmember Ohlson's motion to adopt Ordinance No. 186, 1984
was as follows: Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich,
Ohlson, Rutstein, and Stoner. Nays: None.
THE MOTION CARRIED.
Resolution Authorizing the Purchase of '
Parcels 1, 13A, and 15 in Block 31, Adopted
Following is the staff's memorandum on this item:
"Efforts to reestablish communication with the remaining Block 31 property
owners began in earnest this September. With the November 20, 1984 Inter-
governmental Agreement confirming the policy to pursue the acquisition of
the remainder of the Block, three contracts from willing sellers have been
negotiated at or below the previously discussed purchase range:
PARCEL LAND IMPR.
NAME i1 S.F. S.F. ESTIMATED RANGE PURCHASE PRICE
Noel 1
16,250
11,543
$775,000-$800,000 $775,000
Miscio 13A
2,039
1,519
$110,000-$115,000 $115,000
1st Inter-
state Bank 15
15,500
9,218
$590,000-$600,000 $575,000
M—,7T9-
TZ b
$1, 50o
The contracts are standard agreements that have been used for past Block 31
purchases with these four changes:
1
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December 4, 1984
1) Both City and County are included as Purchasers;
2) A clause threatening eminent domain for tax purposes has been
added;
3) the contracts are contingent upon inspection of the buildings
and HVAC for adequacy; and
4) the contracts are also contingent upon the City and County
depositing their respective $1.2 million dollar shares in the
City/County fund by January 15, 1985.
The closings on these properties are scheduled on January 22, 1985."
Councilmember Ohlson made a motion, seconded by Councilmember Stoner, to
adopt Resolution 84-186.
General Services Director Tom Frazier gave a brief review of the overall
plan and the City's approach over the past three to four years.
Bruce Lockhart, 2500 East Harmony Road, asked what this property would be
used for. He noted the last purchase had been specified for a parking lot
which was subsequently built. He noted this purchase was not budgeted in
' the 1985 Budget nor considered by the RECAP Committee.
Councilmember Clarke replied the City and Larimer County entered into an
agreement some years ago to begin the purchase of Block 31 for a joint
facility sometime in the future. The parking lot is not the ultimate
intended use of the land. He felt this plan was a long sighted approach to
providing for the future needs of both the County and the City and to
keeping the governmental functions in the downtown area.
Barbara Allison, 1212 Lynnwood Drive, questioned the concept of joint
County/City use of the land. She objected to the purchase.
Tom Frazier outlined the City's space needs for the next five to ten years
noting an estimated 126,000 square feet would be required, including
warehouse, vehicle storage, raw storage, and office space. An estimated
30,000 square feet is planned for office space.
City Manager Arnold pointed out the City's five year plan refers to Block
31 throughout the five years.
The vote on Councilmember,Ohlson's motion to adopt Resolution 84-186 was as
follows: Yeas: Councilmembers Clarke; Elliott, Horak, Knezovich, Ohlson,
Rutstein, and Stoner. Nays: None.
THE MOTION CARRIED.
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December 4, 1984 '
Items Relating to Financing of Block 31 Project
Following is the staff's memorandum on this item:
"A. Hearing and First Reading of Ordinance No. 187, 1984, Authorizing
a Short -Term Loan from the Water Fund to the Capital Projects Fund for
the Block 31 Project.
In November, 1984, City Council approved an Intergovernmental Agreement
with the County establishing a City/County center fund in which the County
and City each will deposit $1.2 million dollars for the purpose of:
1. The acquisition of the remaining five parcels of property not
previously acquired by the City and County in Block 31
2. The development of a Master Plan for Block 31
3. The development of a plan for the management, operation, and
maintenance of the buildings located on Block 31
This short-term loan would provide the funds necessary to satisfy the
Intergovernmental Agreement. Said loan would be repaid to the Water Fund
within one year. Staff anticipates retirement of the loan within six '
months through the issuance of Sales and Use Tax Revenue securities.
B. Hearing and First Reading of Ordinance No. 188, 1984, Appropriating
Funds for Unanticipated Revenue to the Capital Projects Fund for
the Block 31 Project.
Ordinance No. 187, 1984, if favorably considered, has provided unantici-
pated revenues in the form of a short-term interfund loan to the Capital
Project Fund for Block 31, and $1.2 million dollars from Larimer County
will be received in accordance with the terms of the Intergovernmental
Agreement. The appropriation Ordinance appropriates both the City's and
Larimer County's monies for Block 31."
Councilmember Clarke made a motion, seconded by Councilmember Ohlson, to
adopt Ordinance No. 187, 1984 on First Reading and to add a provision that
the Water Fund be repaid at an interest rate of 1% greater than the inter-
est rate the City would have received if such funds had been prudently
invested elsewhere.
Finance Director Jim Harmon outlined other alternatives than short term
borrowing from the Water Fund. He noted both outside long or short term
borrowing could be considered. He did not feel short time borrowing from
an outside source could be accomplished in time to meet the January 15
timetable and recommended the interfund borrowing.
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1 December 4, 1984
Councilmember Knezovich asked why undesignated reserves or prior year
reserves could not be used for this project.
Jim Harmon replied there were a number of Charter restrictions that pre-
vented appropriation of reserves before the close of the year.
Deputy City Manager Shannon replied that there was probably $1.2 million
available in reserves. Staff would recommend that if Council's preference
was to buy Block 31 with cash and not over time, the time to discuss that
is in February or March. He noted staff attempted to understate revenues
and to err on the side of overstating expenditures so that at the end of
the year there are rather large unidentified reserves. At the time the
audit is completed, a decision could be made to purchase Block 31 with cash
or to direct staff to proceed with long term financing.
Budget Director Silvija Widmer stated revenues are projected to be avail-
able when 1984 closes, but Charter requirements do not permit their use
until the audit is completed.
Deputy City Manager Shannon stated if staff looked at every source of
reserve funding available, $1.2 million could probably be found. He
' emphasized the time to do that is when there is a clear picture of all the
reserves and Council can determine what other projects might be competing
with this proposed purchase. He noted staff had interpreted the Charter
provision referring to expenditures after eight months, to mean that if at
the end of eight months, the estimated revenue for twelve months has been
exceeded, Council may appropriate the excess for other purposes. He noted
tonight's action was for short term, four to six month, financing and the
decision on long term financing could be made in March, April, or May.
Bruce Lockhart, 2500 East Harmony Road, stated he felt the City should
avoid debt financing for this purchase.
Councilmember Clarke felt the interfund loan was a wise business decision.
He noted there is a great likelihood there will be cash available in the
spring to pay for all or at least a substantial part of this $1.2 million
purchase.
J
Councilmember Stoner concurred with Councilmember Clarke's comments but
added he did not agree with the additional 1% interest to be paid to the
Water Fund. He felt the short term financing should be authorized and the
decision on the long term financing made once the 1984 audit is completed.
Councilmember Knezovich felt there was a benefit to securing this property
for future use but expressed concern about the retirement of the short term
loan through the issuance of sales and use tax revenue securities.
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December 4, 1984
Councilmember Clarke noted he would like to amend his original motion to
remove the additional 1% of interest so that the rate would be "'equal to'
the interest rate the City would have received...."
Councilmember Stoner noted this amendment was acceptable to him.
Councilmember Knezovich suggested the fourth WHEREAS be amended to add the
phrase "or General Fund reserves" after the words "anticipated bond pro-
ceeds".
Councilmembers Clarke and Stoner noted this amendment would be acceptable
to them.
The vote on Councilmember Clarke's motion to adopt Ordinance No. 187 as
amended on First Reading was as follows: Yeas: Councilmembers Clarke,
Elliott, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None.
THE MOTION CARRIED.
Councilmember Clarke made a motion, seconded by Councilmember Ohlson, to
adopt Ordinance No. 188, 1984 on First Reading. Yeas: Councilmembers
Clarke, Elliott, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays:
None.
THE MOTION CARRIED. '
Ordinance Establishing a School Site
Acquisition Fee, Tabled to March 19
Following is the staff's memorandum on this item:
"The three school districts in Larimer County have proposed a uniform fee
to be assessed new residential development throughout the county. Attached
is information from the three school districts in Larimer County document-
ing their request for this fee.
Poudre R-1 is presently projecting the need for as many as one new elemen-
tary school per year between 1986 and 1994. The proposed fee is designed
to cover only site acquisition costs for the new schools needed to accommo-
date increased school enrollment due to residential development. The fee
will be applied only to new residential development. Commercial and
industrial development will not be assessed this fee.
This fee is scheduled to be implemented county -wide as of March 1, 1985.
Berthoud has already adopted this fee conditioned on adoption by the other
jurisdictions in the County. The fee is currently being considered by all
other jurisdictions in Larimer County.
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December 4, 1984
As proposed, the fee allows for either the dedication of land or payment of
a "fee in lieu". Both options have been computed based on the following
considerations:
o average number of students per dwelling unit;
o typical number of students per school;
o number of acres needed per school site; and
o projected average cost per acre of $12,000.
Residential dwelling units have been differentiated by unit type, i.e.,
single family or multi -family, to reflect consistent differences in average
family size found between the two. Single family households traditionally
have twice the number of children found in the average multi -family house-
hold. A permanently installed mobile home is considered the equivalent of
a single family unit for purposes of this fee.
Based on the formula developed by the school districts, the following fees
are proposed:
Computation of fee in lieu of land dedication:
Single Family Acreage Per X Land Value
Dwelling Dwelling Per Acre
.0227
$12,000
Multi Family Acreage Per X Land Value
Dwelling Dwelling Per Acre
.0114
$12,000
Fee in Lieu
of Dedication
_ $272.40
Fee in Lieu
of Dedication
$136.80
(Complete data showing computation of the fee is attached.)
The fee will be collected by the City at the time the building permit is
issued. In the case of mobile homes or other manufactured housing units,
the fee will be collected at issuance of the manufactured housing permit
and certificate of occupancy.
Staff recommends that Council adopt the ordinance implementing this fee
with the restriction that any funds collected must be used for school site
acquisition within the Fort Collins Urban Growth Area."
Jim Law, Executive Director of Administrative Services for Poudre R-1,
appeared to support the ordinance. He noted the purpose of the fee was to
purchase school sites required for additional schools as a result of new
developments. He noted the proposal had been endorsed by the Poudre R-1
School Board. He stated that without the fee, additional sites would have
to be purchased and the district had not yet decided where the funds would
come from.
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December 4, 1984 '
Councilmember Knezovich spoke to the equity of the fee noting that since
the fee was to be applied only to new residential development, childless
and elderly couples would pay the fee as well as young couples with school
age children. He felt an inordinate portion of the fee would be paid by
persons with no direct benefit.
Mr. Law replied there is an overall philosophy that states the education of
children is a community responsibility and that the return of that educa-
tion is a benefit to the community. He noted approximately 75% of the
community has no direct connection to the schools.
Councilmember Knezovich asked if any progress could be made in the next six
to eight weeks on the boundary issue.
Mr. Law noted the boundary issue may take a number of months or possibly a
year to consider and resolve the factors involved. He noted he did not see
the two issues being tied together.
Councilmember Elliott made a motion, seconded by Councilmember Ohlson, to
adopt Ordinance No. 189, 1984 on First Reading.
Lucia Liley, 110 East Oak, spoke on the concerns of the general development '
community. She posed questions on the legality of the City's ability to
act as a collection agency for the school districts and to use its munici-
pal powers to levy a fee for purposes of education and specifically for
financing of education.
Kate Brandes, 3107 Rockwood Drive, representing the League of Women Voters,
spoke in support of the school site acquisition fee and noted there was a
clear relationship between residential growth and the need for new schools.
Bob Zakely, Everitt Companies, spoke in opposition to the fee and expressed
concerns about inequities in the ordinance. He asked that the ordinance be
tabled until all the questions posed could be answered and the concerns
addressed.
Eldon Ward, planning consultant, asked how the City would collect fees in
the county areas of the Urban Growth Area.
Mayor Horak replied the County would collect those fees. The City could
only collect within the City limits.
Larry Stone, Assistant Superintendent for Operations, Thompson R2J School
District, noted many of the questions posed had been discussed. He stated
their attorneys felt there was a basis for the cities to levy and collect
such a fee. He noted this is done in Littleton and Colorado Springs. '
11 -340-
' December 4, 1984
Councilmember Stoner asked how soon there might be a resolving of the issue
of UGA boundary versus school district boundaries.
Mr. Stone replied that he was not working on that issue and agreed with Jim
Law that the school site acquisition fee and the boundary issue should not
be tied together and are separate issues.
Councilmember Knezovich asked if tabling this issue would prompt the R2J
School Board to come and discuss the broader issues.
Mr. Stone replied he had not been involved in those discussions and could
not respond.
Councilmember Clarke noted he felt the boundary issue was very important
because of the major development proposed for the area currently served by
R2J. Fort Collins will provide services to the area and the residents have
a strong identity to Fort Collins. It is not good planning to have the
area in the Thompson School District. He stated the two issues*(boundaries
and fee) are linked and noted the equity issue had not been addressed. He
added a fee needed to be paid to the City for the collection of the school
site acquisition fee. He noted he could not support this ordinance at the
' time because too many questions were unanswered.
Councilmember Stoner noted the equity issue was valid and suggested the
ordinance be tabled.
Councilmember Knezovich noted he would like to see the two districts
present a plan detailing the whole issue of the financing school construc-
tion before the site acquisition fee is dealt with. He suggested a work
session on the issues.
Councilmember Rutstein suggested the legal issues be thoroughly ironed out
and requested a detailed opinion from the City Attorney on the legal
ramifications of the fee.
Councilmember Stoner made a motion, seconded by Councilmember Elliott, to
table Ordinance No. 189, 1984 on First Reading to the first regularly
scheduled meeting in March, 1985. Yeas: Councilmembers Clarke, Elliott,
Horak, Rutstein, and Stoner. Nays: Councilmembers Knezovich and Ohlson.
THE MOTION CARRIED.
Mayor Horak noted he expected this item to be scheduled for a worksession
in January prior to formal -consideration in March.
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December 4, 1984 '
Adjournment
Councilmember Stoner made a motion, seconded by Councilmember Rutstein,
to adjourn the meeting to 7:00 p.m. on December 11. Yeas: Councilmembers
Clarke, Elliott, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays:
None.
The meeting adjourned at 10:45 p.m.
AeTTTESnT:
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City Clerk TQ)
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