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HomeMy WebLinkAboutMINUTES-06/07/1983-RegularIJune 7, 1983 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council -Manager Form of Government Regular Meeting - 5:30 p.m. A regular meeting of the Council of the City of Fort Collins was held on Tuesday, June 7, 1983, at 5:30 p.m. in the Council Chambers in the City of Fort Collins City Hall. Roll call was answered by the following Coun- cilmembers: Cassell, Clarke, Elliott, Horak, Knezovich, and Ohlson. Councilmembers Absent: Rutstein Staff Members Present: Arnold, Meitl, Krajicek, Eckman, Lewis, Waido, B. Lee, R. Wood The colors were presented by members of Boy Scout Troop #283. Agenda Review: City Manager City Manager Arnold requested Item #26 be withdrawn on behalf of the Council and that Item #27 be withdrawn on behalf of the staff. Councilmember Elliott asked that Item #12, Hearing and First Reading of Ordinance No. 71, 1983, Decreasing the Amount for Payment In -Lieu -of Water Rights from $1500 to $1300, be withdrawn from the Consent Calendar. Councilmember Clarke requested Item #11, Items Relating to a Traffic Signal Control System Alternative Communication Analysis, and Item #14, Resolution Authorizing the City Manager to Amend an Existing Agreement with the State Board of Agriculture to Increase Water and Sewer Service Fees for Providing Water and Sewer Service to CSU, be withdrawn from the Consent Calendar.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 #32, 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. -232- June 7, 1983 ' 4. Consider Approving the Minutes of the regular meeting of May 17 and the adjourned meeting of May 24, 1983. 5. Second Reading of Ordinance No. 67, 1983, Appropriating Unanticipated Revenue in the Cultural Services and Facilities Fund for Conservation of the Oldest Existing American Flag in Larimer County. The Fort Collins Museum has been awarded a grant from the Colorado Historical Society for the conservation of the oldest existing flag in Larimer County. The flag was made in 1864 and donated to the Museum in 1941. To extend the flag's life and continue utilizing its education value to visitors of the museum, it must be preserved. This Ordinance was unanimously adopted on First Reading on May 17 and appropriates $1,015 in grant funds from the Colorado Historical Society in the Cultural Services„ and Facilities Fund for the preser- vation of the oldest existing flag in Larimer County. 6. Second Reading of Ordinance No. 65, 1983, Authorizing the Transfer of Appropriated Funds for the Repair of the Linden Street Bridge. This ordinance was unanimously adopted on First Reading on May 17 and ' authorizes the transfer of $17,500 from two completed capital projects to the Linden Street Bridge project for the cost of repairs. 7. Second Reading of Ordinance No. 63, 1983, Annexing Property Known as the Riverside-Lemay Annexation. This ordinance was unanimously adopted on First Reading on May 17 and is a request to annex 33-acres, located between Colorado Highway 14 (East Mulberry) and the C&S Railroad, along Lemay Avenue. Present County zoning is I (Industrial) and C (Commerical). North: C, County. Vacant South: I-G, Riverside 4th. East: I, County. Vacant West: C, I-G, C, Riverside Avenue Applicant: Harold Fisher Second Reading of Ordinance No. 64, 1983, Zoning Property Known as the Riverside-Lemay Annexation. This ordinance was unanimously adopted on First Reading on May 17 and is a request to zone 33-acres, B-P, Planned Business, located between Colorado Highway 14 and the C&S Railroad, along Lemay Avenue. The ' site is zoned I -Industrial and C-Commercial in Larimer County. -233- June 7, 1983 9. Hearing and First Reading of Ordinance No. 68, 1983, Reappropriating 19 2 Funds. This ordinance is itemized by fund and reappropriates monies in various funds based on Article V, Section 5 of the City Charter. If these funds are not reappropriated, all affected projects/programs cannot be completed as scheduled. 10. Hearing and First Reading of Ordinance No. 69, 1983, Appropriating Fun s rom Prior ear Reserves in the Parking Fun or terns Re ating to the Jefferson Street Par inq Lot. The Parking Fund has $110,186 available in prior year reserves. This ordinance appropriates a total of $82,959 from Parking Fund prior year reserves for a $30,406 loan payback to the General Fund and for $52,553 in construction costs for the Jefferson Street Parking Lot. 11. Items Relating to a Traffic Signal Control System Alternative Commun- ication Analysis. ' A. Hearing and First Reading of Ordinance No. 70, 1983, Appropriating Unanticipated Revenue in the FAUS Grant Fund. B. Resolution Authorizing the City Manager to Enter into an Agreement with Transplan Associates for the Traffic Signal Control System Alternative Communication Analysis. 12. Hearing and First Reading of Ordinance No. 71, 1983, Decreasing the mount or ayment n- ieu-of Water RigFts from to In May, 1982 the City's in -lieu -of water rights cash rate was reduced from $1700 to $1500. The price of CBT water has continued to decline, indicating a need to again adjust the cash rate. The prevailing price for CBT water is approximately $1300. As directed by Council, the Water Utility staff and the Water Board has continued to monitor the situation. They recommend at this time that the in -lieu -of cash rate be adjusted downward to $'1300 per acre-foot, in order to bring it into line with current CBT prices. 13. Resolution Creating a Citizen Advisory Committee on Project RECAP. One element of the Citizen Participation program recommended to ' Council was a Citizen Advisory Committee which would gather input from the community and advise Council on the capital improvement needs of -234- 14 1 June 7, 1983 the community and potential funding sources. Other citizen partici- pation methods, in addition to the Advisory Committee, will include surveys and presentations. This resolution establishes the framework creating the committee and providing a charter for its activities. Resolution Authorizing the City Manager to Amend an Existing Agreement with the State Board of Agriculture to Increase Water and Sewer Service Fees for Providing Water and Sewer Service to C In 1974, the City entered into an agreement with the State Board of Agriculture of the State of Colorado concerning the furnishing of water and sewer service by the City to Colorado State University. Since that time, the agreement has been amended numerous times for the purpose of adjusting the service fees the City charges CSU for water and sewer service. Rate adjustments for CSU correspond, percentage wise, to the rate adjustments experienced by all the other customers served by the City Water and Sewer Utilities. Rate adjustments for CSU are made effective July 1st of each year to accommodate their budgeting process. The proposed agreement addendum will increase CSU's present water rate of $.62 per 1000 gallons to $.69 per 1000 gallons, an increase of 11.5%. CSU's sewer rate will increase from $.76 per 1000 gallons of treated water used to $.87 per 1000 gallons of treated water used, a 14% increase. These percentage increases (11.5% for water and 14% for sewer) were the same percentage increases experienced by all our other customers on January 1, 1983. 15. Resolution Authorizing the Mayor to Execute a Quit Claim Deed for Lot 8, The Square at Kensington South, which had been reserved for public access and is no longer needed. The Square at Kensington South, a subdivision, was approved by City Council on March 27, 1979, containing 62 single family lots, one of which (Lot #58) was "reserved" for future access to vacant property to the east. The vacant property was subdivided into Cimmaron West, P.U.D., and approved in its final form by the Planning and Zoning Board on Febru- ary 23, 1981. Cimmaron West, P.U.D., as platted, does not require Lot 58 of The Square at Kensington South for either access or utilities. No utili- ties presently exist in the area in question. -235- 7 June 7, 1983 Staff recommends the City "Quit Claim" any rights it may have to this lot to allow the developer, Rex S. Miller, to dispose of this lot as he sees fit. Since the property was only reserved, but not granted to the City, any cloud on the title created as a result of the reserva- tion can best be cleared by a quit claim, rather than a vacation. 16. Resolution Authorizing the Mayor to execute a Quit Claim Deed for Tract Co f Trailwest, P.U.D. which had been reserved as an access and utility easement and is no onger nee a or access except to t e ut1 itv Ines. Trailwest P.U.D., a replat of Trailwest Subdivision, was approved in its final form on September 18, 1979, by City Council. Tract "C" of this P.U.D. was "reserved" for a future access and utility easement to property to the south which is presently occupied by Holiday Twin Drive-in Theater in the County. Staff, after much review, has determined that vehicular access would not be desired at that location. A six inch water line and an eight inch sewer line exist in the tract. The City has been granted an easement to allow City's crews access to maintain the water and sewer lines. The developer (Scavo- Dougherty Builders, Inc.) does not anticipate selling or building over this area. He plans to expand the area of greenbelt in this area. Since the excess portion of the easements were only reserved, but not granted to the City, any cloud on the title created as a result of this reservation can best be cleared by a Quit Claim, rather than a vacation. 17. K&T Investments Out -of -City Sewer Request. This is a request for Out -of -City sewer service to a commercial building at 906 West Vine. The property is adjacent to the City limits. The Water Board recommended approval of this request at its March 18th meeting. The Planning and Zoning Board recommended ap- proval at its April 25th meeting. Staff recommends approval of Out -of -City sewer request at 906 West Vine, subject to execution of an agreement with the City to volun- tarily annex this property when eligible if requested by the City. 18. Routine Deeds and Easements. The following are routine deeds and easements which have been reviewed ' and approved by the affected departments and legal staff: -236- June 7, 1983 a) Powerline easement from Barbara J. Bejmuk, located at 630 Sherwood Street needed for construction of an underground electric system to serve Sherwood Greens Condominiums. Consideration: $1. b) Powerline easement from Zarco, Inc., located at the rear of 121 East Mountain Avenue, nee ed underground the existing overhead electric system in the downtown area and also to convert the voltage of this system from 4.1 kV to 13.8 kV. Consideration: $1. c) Easement from Harold Axelrod and Quesnoy and Taylor, Inc., located east of Lemay Avenue and north of Santana Apartments, which is the next to last agreement needed for the Welch to Lemay leg of the Spring Creek Trail System. Construction of this segment of the trail will be phased after the completion of storm drainage improvements. Consideration: $10. d) Easement from International Investments and Management Corporation for the last segment of the Spring Creek Trail System, ocated between Welch and Lemay. This easement is located in Park Central Phase I. Construction will proceed after the completion of neces- sary storm drainage improvements. Consideration: $10. e) Three easements from Wood Bros. Homes, Inc., for the following purposes: (1) 20 foot permanent easement for an existing sub - drain; (2) 20 foot temporary easement to accommodate a temporary Swale; and (3) temporary easement to accommodate detention pond. These easements are being dedicated for Woodlands POD 3rd Filing. The developer is phasing the construction of this development and in doing so must accommodate the runoff from the first phase to the detention pond. To do this, he will have to construct a temporary swale from the point of outfall directly to the pond. This swale will run through the right-of-way until it goes off - site. It will then run through Wood Brothers' property to the detention pond. Ordinances on Second Reading were read by title by Wanda Krajicek, City Clerk. Item #5. Second Reading of Ordinance No. 67, 1983, Appropriatin pg Unanti- ciated Revenue in the Cultural Services and Faci ities Fund or Conservation of the Oldest Existino American Flag in Larimer Item #6. Second Reading of Ordinance No. 65 fer of Aaarooriated Funds for th -237- 1983, Authorizing the Trans- Reoair of the Linden Street I June 7, 1983 Item #7. Second Reading of Ordinance No. 63, 1983, Annexing Property Known as the Riversi a-Lemay Annexation. Item #8. Second Reading of Ordinance No. 64, 1983, Zoning Property Known as the Riversi a-Lemav Annexation. Ordinances on First Reading were read by title by Wanda Krajicek, City Clerk. Item #9. Hearing and First Reading of Ordinance No. 68, 1983, Reappropri- ating un Ts. Item #10. Hearing and First Reading of Ordinance No. 69, 1983, Appropriat- ing Funds from Prior Year Reserves in the Parking Fund for Items Relating to the Jefferson Street Parking Lot. Item #11. A. Hearing and First Reading of Ordinance No. 70, 1983, Appro- priating Unanticipatedevenue in the S rant Fun . Item #12. Hearing and First Reading of Ordinance No. 71, 1983, Decreasing - the Amount for PaymentIn-Lieu-of Water Rights from to 300. ' Councilmember Cassell made a motion, seconded by Councilmember Elliott, to adopt and approve all items not removed from the Consent Calendar. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, and Ohlson. THE MOTION CARRIED. Motion to Accept the City's 1982 Annual Audit, Accepted Following is the staff's memorandum on this item: "The City's 1982 Annual Audit, in the form of a document entitled City of Fort Collins Comprehensive Annual Financial Report for the Year Ended December 31, 198 , was delivered last week to members of City Council. The annual financial report was compiled by the City's Accounting staff from the City's financial records. The audit was conducted by the firm of Erickson, Hunt, and Spillman, P.C., Certified Public Accountants. The City received an unqualified opinion on the financial statements included in the financial report. An unqualified opinion is the most advantageous form of an opinion that the auditor can render. -238- June 7, 1983 1 In the past, City Council has accepted the Annual Audit by motion when it was received." Councilmember Clarke made a motion, seconded by Councilmember Ohlson, to accept the 1982 Annual Audit. Finance Director Ron Wood noted the City had received an unqualified opinion on the financial statements in the audit and that members of the auditing firm were in the audience. Dick Spillman of the auditing firm stated they were looking forward to meeting with the Finance Committee to discuss the opinion and thanked staff for their cooperation and assistance in the preparation of the report. The vote on Councilmember Clarke's motion to accept the 1982 Annual Audit was as follows: Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, and Ohlson. Nays: None. ., THE MOTION CARRIED. Resolution Establishing Procedures I for 1983 Electric Rate Reduction, Adopted Following is the staff's memorandum on this item: "The City's wholesale power supplier, Platte River Power Authority, has approved a reduction in the wholesale purchase power rates for July 1, 1983 and anticipates a further reduction January 1, 1984. These reduc- tions are possible because of a refunding of certain bonded debt for the construction of the Rawhide generating station. The first rate reduction of approximately 4.7% was approved by the PRPA Board at the May 26th meeting for implementation July 1, 1983. The amount of the January 1, 1984 decrease will not be known until the 1984 PRPA budget process is near completion sometime in October. It is estimated at present that this decrease could be on the order of 4.5%. It is the intent of staff to recommend rates which would pass through these wholesale power cost savings to the Utility's customers. In anti- cipation of these reductions, the staff is conducting a Cost of Service Study which will be completed in August. The City's policy is for electric rates to be based on the cost to serve various rate classes. The results of this study will provide the basis for staff recommendation to Council for the reduced retail rates. Since the Study will not be completed in time to implement a cost -based retail rate decrease July 1st, this resolu- tion schedules the City's rate adjustments for consideration in October. This rate decrease would include both the July and January PRPA rate ' decreases. -239- June 7, 1983 It is estimated that the combined overall effect of this timetable will be to reduce the retail electric rates by 5-6% depending upon the final amount of the January reduction by PRPA. The net effect of the resolution would be to: 1. Allow for the completion of the Cost of Service Study. 2. Provide the Council with information relating to the Light and Power Utility's 1984 budget. 3. Delay the pass through of PRPA's July 1 decrease until October. 4. Accelerate the pass through of PRPA's January 1 decrease to October." Councilmember Cassell made a motion, seconded by Councilmember Elliott, to adopt the Resolution. I Councilmember Clarke asked why staff was proposing a cost of service study in August if the City now knows how to set the rates. Light and Power General Manager Bill Carnahan replied he felt staff had a handle on the rates and hoped the cost of service study would confirm staff's analysis. He added the policy has been to conduct cost of service studies approximately every four years. The last one was done in 1980 so the normal time frame for another study would have been 1984. Staff thought August was the opportune time to do the study even though it was about a year early and since it was hoped there will not be any rate adjustments over the next few years. Councilmember Horak asked for further explanation on what the estimate for the reduction might be. Light and Power General Manager Carnahan replied the estimate for the wholesale rate reduction on July 1, was 4.2%. He noted the wholesale power cost was not the total cost for doing business and estimated there would be a 5-6% overall retail rate reduction. The vote on Councilmember Cassell's motion to adopt the Resolution was as follows: Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, and Ohlson. Nays: None. I THE MOTION CARRIED. -240- June 7, 1983 1 Ordinance Authorizing the Issuance of Industrial Development Revenue Bonds for the Poudre Valley Oncology Center Associates Project in the Principal Amount of $1,350,000, Adopted on First Reading Following is the staff's memorandum on this item: "On April 5, 1983, City Council passed Resolution 83-71 (copy included) as " an inducement resolution for the issuance of these Industrial Development Revenue Bonds. A synopsis of the general provisions of the ordinance prepared by Bond Counsel is included to allow City Council to familiarize itself with the substance of the ordinance. The applicants have provided City staff with a ten-year cash flow analysis that demonstrates their ability to meet their debt service payment. The staff has reviewed the cash flow analysis and the terms of the loan agree- ment and determined that the project is well financed. The City will collect its issuance fee at closing. The exact amount of the fee will be determined at closing and is estimated to be approximately ' $5,000.11 Councilmember Clarke made a motion, seconded by Councilmember Cassell, to adopt Ordinance No. 72, 1983 on First Reading. Dave Dwyer, bond counsel, noted the blanks in the Ordinance would be filled in prior to or at the time of Second Reading. The vote on Councilmember Clarke's motion to adopt Ordinance No. 72, 1983 on First Reading was as follows: Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, and Ohlson: Nays: None. THE MOTION CARRIED. Resolution Approving the DDA's Recommendation for a Public Parking Structure at the Southeast Corner of Mountain Avenue and Remington Street, Adopted Following is the staff's memorandum on this item: "The Downtown Development Authority is requesting the City Council approve ' the southeast corner of Mountain Avenue and Remington as the location for a -241- June 7, 1983 parking facility. This is a requirement of state law in order for the Downtown Development Authority to participate in a parking facility. The Planning and Zoning Board made a recommendation on the location and not the facility. The Downtown Development Authority held a public hearing on their proposal on Tuesday, May 17, 1983, and the Downtown Development Authority made a recommendation of this location at the May 19, 1983 Worksession. The parking facility is not designed at this time. The design is expected to be 3 stories and hold 300 cars. The facility is in- tended to serve both the Old Town Project and the businesses in the down- town. This facility is part of an overall developing parking program for the downtown, the first being the conversion of the County employee lot to public parking and the development of Block 31 into public and employee parking. The location of a garage at this location will have an impact on the surrounding traffic pattern. There will be an increase of traffic on Remington and Mountain Avenue and increase of turning movements at this intersection. The magnitude has not been identified at this time, but will be considered in the traffic study underway at the present time for the downtown. The site is zoned C, Commercial, and BG, General Business, south of the alley. The site is located at the intersection of an arterial (Mountain) and a collector (Remington). Policy This request is in general conformance with the Goals, Policies and Objec- tives of the City's Comprehensive Plan. It meets with the objective of increasing the net supply of parking in the Downtown Development Author- ity's Plan of Development. Recommendation It is recommended that City Council approve this request based on the findings that: 1. The proposal conforms to the adopted Comprehensive Plan. 2. The proposal is consistent with the Downtown Development Authority's Plan of Development. At their June 3rd meeting, the Parking Commission will be informed of the site which the DDA is recommending for a downtown parking garage. A separate memo containing the Parking Commission's comments is included. -242- 11 June 7, 1983 Note: The Planning and Zoning Board indicated that this facility should be done as a Planned Unit Development, but they did not include this as a requirement in their recommendation. This item was approved as a part of the Consent Agenda at the May 23rd Planning and Zoning Board meeting. We have included the material sent to the Planning and Zoning Board for that meeting." Councilmembers Cassell and Ohlson asked the record show they did not participate in the discussion or vote on this item. Councilmember Elliott made a motion, seconded by Councilmember Horak, to adopt the Resolution. Councilmember Elliott asked if the normal PUD process would be followed on this project. Earl Wilkinson, representing the Downtown Development Authority, replied the usual PUD planning process would be used. He added the DDA viewed the site as ideal for parking in the downtown area and that approval had been given by both Fort Town and the Parking Commission. He stated 0&M costs ' for the structure had been estimated to be approximately $30,000 a year. He noted approximately 100 spaces could be leased at $12.50 per month for revenue of approximately $15,000, or half the estimated O&M costs. The Parking Study will contain recommendations for the financing of the O&M costs. The vote on Councilmember Elliott's motion to adopt the Resolution was as follows: Yeas: Councilmembers Clarke, Elliott, Horak, and Knezovich. Nays: None. (Councilmembers Cassell and Ohlson withdrawn) THE MOTION CARRIED. Items Relating to Downtown Parking Study Following is the staff's memorandum on this item: "A. Resolution Pertaining to a Downtown Parking Study. B. Hearing and First Reading of Ordinance No. 73, 1983, Appropriating Unanticipated Revenue in the DDA Fund for the Downtown Parking Study." Ordinance No. 53, 1983 authorized the issuance of Tax Increment Bond Anticipation Notes totalling $3.1 million for Downtown Development Au- thority Capital Projects. One of these projects is the parking study. ' -243- IJune 7, 1983 The purpose of this study is to provide long range solutions to the parking program with emphasis on funding construction and operation in future years. The study will begin approximately July 1 and covers an analysis of the existing parking program, use of existing spaces, current methods of financing, and operational procedures. It will provide us with a long range plan broken into stages, including an initial stage for immediate implementation. In summary, the study will provide an operational, finan- cial and locational program for the development of parking in the downtown. Based on the sole source selection process, DDA and City staff have nego- tiated a contract with Parsons Brinkerhoff to undertake the study. The DDA Board approved this selection at their April 28th meeting. Estimated cost of the project is $35,000 as follows: Consultant $ 33,500 Administrative Costs 1,500 35,00 Council adoption of the attached Resolution approves the Parking Study ' Project per the understanding established between the City and DDA at the time of enactment of the $3.1 million BAN Ordinance (Ordinance No. 53, 1983) The attached Ordinance appropriates the $35,000 for the Parking Study in the DDA Fund." Councilmember Ohlson made a motion, seconded by Councilmember Elliott, to adopt the Resolution. Bill Kingsbury, Downtown Development Authority Director, elaborated on the importance of the study to the downtown, noting no comprehensive study that addressed location, financing, and operation had ever been done. He added in 1979 City staff and the Parking Commission had identified a shortage of over 1,000 spaces in the downtown and the demand had grown since that time with the need for an additional 1,000 spaces. He expressed the hope the study would provide both short and long term answers that would allow the DDA, Parking Commission, and City to meet the public demand for better downtown parking. Councilmember Horak asked for background on the sole source selection process. ' Mr. Kingsbury replied he had been advised that both time and money would be saved if the consultant hired for the Traffic Study was retained for the -244- June 7, 1983 ' Parking Study. He noted the Purchasing Agent had indicated this was possible if there was a great deal of duplication and if time and money could be saved. He estimated approximately four months time and between $5-10,000 would be saved by using Parsons Brinkerhoff. Councilmember Horak asked if any alternatives to the current mode of transportation (the automobile) such as busses or bus systems were included in the scope of service. Mr. Kingsbury replied it was his feeling the auto would be the principal mode of transportation into the downtown for a number of years to come but that a shuttle system could be investigated, particularly where employee parking is to occur. He added bus ridership could be addressed in the Study but was not the principal focus of the Study: Councilmember Elliott asked about some of the arguments against the concept that resulted in the 5-3 vote by the DDA. Councilmember Clarke replied those who dissented were of the opinion parking needed to be where the projects were. He added he felt a great many items to be provided by the Study were available now, that the $35,000 Study would give answers that may or may not be valuable in the future, and ' concluded the City would be better off to skip the Study at this time. Dave French of Parsons Brinkerhoff, the project manager on both the Traffic and Parking Studies, spoke to the timetable of the Traffic Study and noted the Parking Study would begin in the next few weeks. He added he did not anticipate any problem in completing the Parking Study within six months. He estimated some components of the data gathered during the Study such as the financing strategies and the basic data collection would have value for five to 15 years. Bob Osterhout, Chairman of the Parking Commission, expressed the Commis- sion's support for the Parking Study! noting they felt it was a necessity. Councilmember Ohlson expressed support for the Study noting it would provide the guidelines to help alleviate the parking problem in the down- town area. The vote on Councilmember Ohlson's motion to adopt the Resolution was as follows: Yeas: Councilmembers Elliott, Horak, Knezovich, and Ohlson. Nays: Councilmembers Cassell and Clarke. THE MOTION CARRIED. Councilmember Ohlson made a motion, seconded by Councilmember Horak, to adopt Ordinance No. 73, 1983 on First Reading. Yeas: Councilmembers ' Cassell, Clarke, Elliott, Horak, Knezovich, and Ohlson. Nays: None. -245- June 7, 1983 THE MOTION CARRIED. Councilmember Horak indicated his vote on the previous two items was contingent on viewing the parking problem as a "people moving" problem not just a parking problem. Citizen Participation A. Proclamation Naming June 14 - July 4 as a period to Honor America, was accepted y Roy M ens o VFW Post 1 Justus Wilkinson, P.O. Box 140, Fort Collins, expressed his opposition to Anheuser-Busch locating in Fort Collins and stated he felt if they did locate in Fort Collins they should be required to pay for everything without government assistance or public monies. Resolution Adopting FY 1983-84 Community Development Block Grant Program, Adopted ' Following is the staff's memorandum on this item: "The City of Fort Collins will receive $1,089,000 in funds for the FY 1983-84 Community Development Block Grant Program year. The City's En- titlement grant is for $829,000 with an additional $260,000 being available from the Jobs Bill. The program and projects eligible to be funded from the two sources are essentially the same with one exception. Up to 50% of the Jobs Bill may be used for eligible public service activities, while only 15% of the Entitlement grant can be used for public services. Notification of the Entitlement grant amount was received from the Depart- ment of Housing and Urban Development in March, 1983. During April 1983, advertisements were placed in the Coloradoan accepting proposals. In mid -April the City was notified of tFe additional funds from the Jobs Bill. Revised advertisements were placed in the newspaper and the applica- tion process was extended to May 2, 1983. The Citizens' Steering Committee heard and considered applicants' proposals on May llth and May 12th. On May 18th, the Committee formulated their recommendation to City Council. On May 24th, the Committee attended the Council worksession and presented their recommendation of projects. Council directed staff to find another source of funding for the final payment on the Grain Elevator and asked the CDBG Committee to give Council a recommendation on how to spend the $55,690 presently designated for the ' Grain Elevator payment. The CDBG Committee's recommendation will be included under separate cover. -246- June 7, 1983 A listing of the CDBG Citizens' Steering Committee and the Administration recommendations are included in the Resolution." Councilmember Horak made a motion, seconded by Councilmember Clarke, to adopt the Resolution. Chief Planner Ken Waido gave an overview of the CDBG Program and the process used to select the projects to be funded. Councilmember Clarke noted the Laurel Street neighborhood had originally requested $7,500 for the staff assistant's position. That amount was raised by the Steering Commission to $2,000 because it was felt that $7,500 was not sufficient. He asked for more information. Margaret Mitchell, 809 East Elizabeth, noted the Committee had amended their program. The staff assistant was envisioned as being an ombudsman who would help with things such as zoning problems. The Committee felt all three neighborhoods should be entitled to that service, not just the Laurel School, so the additional money was to allow the other two neighborhoods to take advantage of that service. She added if the money is not spent for ' this purpose, it would be returned to the program. Elvera Markworth, 3219 Cockney, Director of United Day Care, explained the request submitted by them. She noted they planned to buy an existing structure rather than build a new facility because CDBG needed to be used for rehabilitation. She added if the project could not be completed within four months, the money would be returned for direction elsewhere. Christine Staruch, 719 Wagonwheel, Executive Director of Respite Care, noted she was speaking as a representative of Respite Care and Sunshine School. She outlined their proposal noting they had amended it when it was discovered the original $140,000 was beyond the means of CDBG funds this year. The alternative plan is for $70,000 and involves rehabilitation of a house at 818 Cherry adjacent to Spruce House which would be occupied by Sunshine School. Many resources could be shared by the two agencies and she estimated $20,000 could be saved annually by this sharing. Wendy Kahler, 709 Louise Lane, Sunshine School Director, spoke to the lack of day care facilities in the Holy Family northwest quadrant and the overcrowding of their present facility. Lou Stitzel, 521 East Laurel, CDBG Steering Committee member, noted the Committee felt by funding neither of the day care requests, it would seem they were against day care. She stated that was not the case. tee felt they would not be able to help.either facility to the The Commit- extent they ' needed to be helped and hoped that with the strong need for day care, a -247- IJune 7, 1983 community effort could be mounted between the Fort Collins Foundation, United Way, and general citizen input to fund the centers adequately and speak to the true need of day care in Fort Collins so that both groups could meet their goals. Chief Planner Ken Waido noted accumulated contingency monies could be programmed later in the year and expended for day care programs if Council desired. City Manager Arnold noted staff had done some work on social services safety nets and had found significant gaps. He stated Larimer County Human Resources had recently indicated problems with social service agencies partly because the City did not provide increases in the amounts for social service agencies. More information and solutions will come back in approx- imately 30 days. Councilmember Horak pointed out that $250,000 in CDBG funds had been spent on the grain elevator/parking lot project. He suggested other funds might be added to the CDBG program on a one-time basis to offset those spent on the parking lot purchase. Jim Woodward, 430 Garfield, stated he felt ashamed at seeing day care and other social service agencies having to plead for funds while huge amounts are being proposed by the federal government to be spent on weapons and other military and defense spending. He suggested Council forward a Resolution to the federal government asking that they limit defense spend- ing and channel those funds into social services that benefit Fort Collins and other communities. Tom Jackson, 2500 Stanford, Director of Larimer County Alcohol Services, spoke in favor of the Larico Youth Home Rehabilitation project. Addition- ally, he favored the Larimer County Alcohol Services project to be funded in the amount of $29,000. Councilmember Cassell expressed concern over the day care problem and both Sunshine School and United Day Care Center. He suggested passing the Resolution as presented and then asking staff to come back within 30-45 days with an additional plan relative to the day care problem and more information on the release of the contingency monies. Councilmember Horak supported Councilmember Cassell's suggestion and asked staff to try to find the $120,000 as a start to solving the day care problem and to explore forming a task force to look at the problem. Councilmember Clarke stated United Day Care had already put together a task ' force and had invited him to a meeting and to be involved in the discus- sions. -248- June 7, 1983 The vote on Councilmember Horak's motion to adopt the Resolution was as follows: Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, and Ohlson. Nays: None. THE MOTION CARRIED. Councilmember Horak made a motion, seconded by Councilmember Ohlson, to direct the City Manager to come back by July 19 with a plan for funding the two day care programs. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, and Ohlson. Nays: None. THE MOTION CARRIED. Appeal of Zoning Board of Appeals Decision (ZBA #1408), ZBA Overturned Following is the staff's memorandum on this item: "On April 14, 1983, the Zoning Board of Appeals considered a variance request for the property at 613 Maple Street. This request, heard as Appeal #1408, was denied by a vote of three to two. Petitioner Dan Congdon ' is appealing this decision. The property at 613 Maple is located in the RM (medium density residential) zone, which allows single family, duplexes, and multi -family dwellings as permitted uses. The lot originally contained a single family dwelling. This dwelling was destroyed by fire within the last ten years and no new structure has been erected on the lot since the fire. Dan Congdon had appeared before the ZBA on October 11, 1979 and on April 9, 1981, seeking similar variances to the one which he is now appealing to allow a duplex on this same lot. Both of the previous appeals were unanimously granted, but since Mr. Congdon did not take out a building permit to construct the duplex within 6 months from the ZBA approvals, the variances expired. The need for the current variance request arises from the limited size of the lot. Specifically, the variances requested would: 1. Reduce the lot area requirement from 6000 square feet to 5,425 square feet. 2. Reduce the required lot width from 60 feet to 35 feet. On April 14, 1983, the Zoning Board of Appeals considered the variance requests for 613 Maple Street. Staff pointed out to the Board that the same variances would also be required for a single family dwelling since nothing I can be built on a 35 foot wide lot without a variance. The Board denied the variance request by a vote of three to two. -249- ' June 7, 1983 City Council will be reviewing the decision made by the Zoning Board of Appeals rather than conducting a new hearing. Council members are being furnished with minutes of the Zoning Board of Appeals meeting, as well as those materials submitted to the Board by the petitioner. In view of these facts, it may be advisable to limit presentations to the introduction of information not presented at the Zoning Board of Appeals meeting." Zoning Administrator Peter Barnes reviewed the variance request and showed slides of the property in question. Dan Congdon, 1505 South Summitview Drive, presented photos of duplexes on similar lots that had received variances for their construction. He outlined the configuration of his proposed structure and stated entry would most probably be from the alley. Councilmember Cassell made a motion, seconded by Councilmember Clarke, to overturn the decision of the Zoning Board of Appeals and grant the variance for the property at 613 Maple. Councilmember Cassell asked staff if Mr. Congdon would currently be allowed to build a single-family dweling on the site without a variance. ' Zoning Administrator Peter Barnes replied that on this particular property, nothing could be built without a variance. The same variance request would be needed for a single-family dwelling. Councilmember Clarke gave his reasons for supporting the motion to overturn the decision of the Zoning Board of Appeals. He stated one of the duties and powers of the ZBA was to "authorize upon appeal in specific cases variances from the terms of this Chapter whereby reason of exceptional narrowness, shallowness, or shape of a specific piece of property, at the time of the enactment of this Chapter, ... or by reason of exceptional topographical conditions or other exceptional situations or conditions of such a piece of property when the .strict application of any regulation would result in peculiar and exception hardship ..." He stated the basic power of the Zoning Board of Appeals was to give relief when there is exceptional narrowness of a piece of property. This 35 foot strip can be construed as exceptional narrowness. Since this is an infill piece, it can be assumed that it is proper to build something on the lot. Looking in the Code at R-M zoning there is total equivalence between single units and duplex units. In regard to the minimum lot width, the minimum square footage, there is one standard for single-family and duplex units. He stated the point he was making was that throughout the Code the conditions are the same for one or two family dwellings. Therefore, if it is proper to grant a variance for a single-family dwelling, it is also proper to vary it for a duplex unit. For three units or more it would be proper to treat them differently. He stated he felt that was the reason past Zoning Boards ' of Appeal had unanimously approved similar variances. He recommended over- turning the April 14, 1983 decision of the ZBA. -250- June 7, 1983 ' Councilmember Ohlson asked if any member of Council felt the lot should be used for a single-family dwelling, would that member have to vote in favor of the motion because single is the same as duplex. Assistant City Attorney Paul Eckman replied if Council felt the lot should be limited to a single-family structure, they could remand the matter to the Zoning Board of Appeals with those instructions or modify the vari- ance. Mayor Knezovich stated since there was a motion on the floor to overturn the decision of the ZBA, he felt the proper procedure, if desired, would be to vote this motion down. If that was successful another motion could be brought forward. Councilmember Ohlson stated he wanted to share the reason for his vote. He noted he wanted Mr. Congdon to be able to develop his property but agreed with ZBA members who felt Mr. Congdon was trying to do too much for the size of the lot and that a duplex was too heavy of a use for the lot. The vote on Councilmember Cassell's motion to overturn the decision of the Zoning Board of Appeals and grant the variance request to Mr. Dan Congdon at 613 Maple Street was as follows: Yeas: Councilmembers Cassell, Clarke, Elliott, and Knezovich. Nays: Councilmembers Horak and Ohlson. I THE MOTION CARRIED. Public Hearing Regarding the Creation of an Airport Authority and Items Relating to the Creation of an Airport Authority for the Fort Collins -Loveland Airport Following is the staff's memorandum on this item: "A. Hearing and First Reading of Ordinance No. 74, 1983, Creating an Air- port Authority for the Fort Collins -Loveland Airport and Establishing the Authority as Six Members with Three Members to be Appointed by the City Council of Fort Collins and Three Members to be Appointed by the City Council of Loveland. B. Resolution Authorizing the Mayor to Enter into an Agreement with the City of Loveland for the Leasing of the Airport Facility to the Fort Collins -Loveland Airport Authority. During the last 18 months, the Airport Ad Hoc Committee and the Chambers of Commerce of Fort Collins and Loveland have dealt with the issue of creating ' an Airport Authority to govern the Fort Coll ins-Lovel and 'Airport. Several -251- June 7, 1983 worksessions have been held in 1982 and 1983 with both City Councils and a joint worksession was held last July in Fort Collins to determine the feasibility of creating the Airport Authority. Two major concerns for the City of Fort Collins are in the area of previous financial support: 1. In the 19 year history of the Airport, the City of Fort Collins has contributed more to the support because until 1979, Fort Collins contributed 2/3 and Loveland 1/3 to the financial needs. At this time the total City contributions are: Fort Collins $561,500 (61%) Loveland $358,400 (39%) Some years ago the Fort Collins City Council agreed to a 50-50 ownership split of the property in return for a 50-50 sharing of all costs. 2. The City of Fort Collins issued the $2,000,000 in bonds in 1981 for the Airport improvements. Loveland has agreed to pay Fort Collins for 1/2 of the cost of the annual payments on the bonds and in the event that Loveland fails to do this, Fort Collins will assume an increased share in the ownership of the Airport. It is important for the Cities, and especially Fort Collins, to maintain ownership of the property until the bonds are repaid. The Airport Ad Hoc Committee therefore, proposes -to lease rather than deed the facility to the Airport Authority. An initial 5 year period will be suggested with annual lease payments equal to the bond payments. The Pros and Cons for the creation of the Airport Authority have been identified by the Airport Ad Hoc Committee as follows: 1. PROS a. The Airport Authority members will have more time and expertise in handling the airport management and develop- ment than the present Ad Hoc Committee members. City Council members have too many other commitments to pro- vide adequate time and attention to the Airport matters. b. There will be more continuity with the members each having 4 year terms. Only one of the six original members is still on the Ad Hoc Committee, which was created 4 years ago in July, 1979. -252- June 7, 1983 c. A layer of government will be eliminated and replaced with central management responsibility to give direction and make decisions. d. There is support from the general public, the users, the Chambers of Commerce from both Cities, and the Fixed Base Operator. 2. CONS a. The Airport Authority will cost more because it will be independent of the Cities and not have the management, financial, legal, engineering, and other services that have been provided by the Cities in the past. In 1983, the Authority will cost approximately $42,000 more. Over a 20 year period, it is estimated to be 39.7% higher than the existing arrangement. b. The Fixed Base Operator continues to operate under Chapter 11 of the Federal Bankruptcy Act and the timing may be bad if there is a change to the FBO agreement at ' the same time that the governing body is changing. c. The FAA will not award grants to Airport Authorities in the State of Colorado because the statute does not satis- factorily guarantee continuation of the Authority. Fort Collins and Loveland will still have to accept and guar- antee the provisions of federal grants for the Airport. d. For these above reasons, the Authority concept is seri- ously flawed and expectations will not be met. The Ad Hoc Committee proposes the following milestone schedule for the Airport Authority: June, 1983: City Councils of Fort Collins and Loveland hold public hearings and approve the ordinances to create the Authority and resolutions to authorize the Mayors to enter into an agreement to lease the facility. Both Cities advertise for applicants to be appointed to the Authority. July: City Councils appoint the members to the Authority. The Authority organizes and meets with the Ad Hoc Committee. I -253- June 7, 1983 August thru The Ad Hoc Committee is phased out. The Airport December: Authority prepares and approves by-laws, completes the 1984 budget, determines staff needs and takes action to hire personnel, and identifies the details for the Airport facility lease agreement. Jan., 1984 Airport Authority is in full operation." Councilmember Clarke made a motion, seconded by Councilmember Elliott, to adopt Ordinance No. 74, 1983 on First Reading. John Schofield, 1801 Lakeshore Circle, expressed his support for the Authority concept. He strongly encouraged Council to establish an Author- ity with full and unrestricted powers as provided by State Statute. He outlined what he felt were obstacles for an Authority that were included in Ordinance No. 74, 1983. Those were: 1. even membership (3-3) from both Fort Collins and Loveland. 2. restricting the Authority with a short-term lease agreement. Councilmember Cassell stated he had some of the same concerns expressed by ' Mr. Schofield but was frustrated by the issue and felt this Ordinance was closer to what was needed than anything else that had been tried given the bonding restrictions. Councilmember Clarke noted. he had had discussions with City Attorney Huisjen about the membership composition of the Authority. He noted the members have to be appointed directly by the Cities so a mechanism such as the one used by the Poudre_Fire Authority, where the two from each side pick the fifth, cannot be used. Mayor Knezovich stated if the membership structure does not work and there are constant 3-3 deadlocks, the two Councils can decide to change the make-up or disband the Authority. Councilmember Horak noted he did not agree with those who have suggested the Authority be made up of persons other than elected officials. He pointed out the Authority would be the only Authority that is spending City money and being subsidized by the City that is not controlled by the elected officials or the City Manager. He stated he would support the Ordinance but would strongly support having the City Manager and at least one Councilmember, if not two, on the Authority when those appointments are made. The vote on Councilmember ' on First Reading was as Elliott, Horak, Knezovich, Clarke's motion to adopt Ordinance No. 74, 1983 follows: Yeas: Council members Cassell, Clarke, and Ohlson. Nays: None. -254- June 7, 1983 1 THE MOTION CARRIED. Mayor Knezovich directed staff to begin advertising for applicants for the Airport Authority making it clear Council may decide to appoint its own members and no citizens may be appointed. Assistant City Attorney Eckman pointed out the Resolution needed an amend- ment to state the Authority had not yet been created since Ordinance No. 74, 1983 would not be effective until after Second Reading on June 21. Councilmember Cassell made a motion, seconded by Councilmember Horak, to table Resolution 83-103 until June 21. Yeas: Council members Cassell, Clarke, Elliott, Horak, Knezovich, and Ohlson. Nays: None. THE MOTION CARRIED. Resolution Making Appointments to Various Boards and Commissions Following is the staff's memorandum on this item: "Council has received copies of the applications for membership on the ' various City Boards and Commissions, and interviews have been conducted with the applicants by Council committees. Council has already received recommendations from interview committees. Appointments need to be made at this time for the following boards and commissions: Building Board of Appeals Building Contractors Licensing Board Commission on Disability Cultural Resources Board Downtown Development Authority Golf Board Housing Authority Human Relations Commission Landmark Preservation Commission Library Board Liquor Licensing Authority Personnel Board Planning and Zoning Board Senior Citizen Board Storm Drainage Board Water Board Zoning Board of Appeals -255- June 7, 1983 Appointments will be for either regular or alternate membership and for terms to expire as indicated in the Resolution." City Clerk Wanda Krajicek read the names to be inserted into the Resolu- tion. These names were the recommendations of the various Council inter- view teams. She noted there was still one position on the Planning and Zoning Board that had not been determined. Mayor Knezovich stated Councilmember Clarke and Councilmember Rutstein had interviewed the applicants for the Planning and Zoning Board and were able to unanimously recommend Dave Gilfillan for one of the vacancies on the Board. He noted they had been unable to agree on the appointment for the second vacancy. Councilmember Clarke asked the name of Tim Dow be placed for consideration. Mayor Knezovich stated since Councilmember Rutstein was absent, he would place the name of Sharon Brown for consideration. He asked for a vote on this position. Councilmembers responded as follows: Cassell - Dow Horak - Dow Ohl son - Dow Clarke - Dow Knezovich - Dow Elliott - Dow Mr. Dow and Mr. Gilfillan will serve terms on the Planning and Zoning Board both to expire July 1, 1987. Councilmember Horak stated he would like to make a comment to explain his support for Mr. Dow. He noted he felt it was important that people who serve on Boards, who have done a good job, be reappointed to those Boards. He added that it was also important that alternative viewpoints be repre- sented especially on the Planning and Zoning Board. He noted he would support Sharon Brown at another point in time but felt it was important at this time to support Boardmembers who have done a good job. Councilmember Cassell made a motion, adopt Resolution 83-99 inserting the cilmembers Cassell, Clarke, Elliott, None. THE MOTION CARRIED. seconded by Councilmember Horak, to names previously read. Yeas: Coun- Horak, Knezovich, and Ohlson. Nays: Dick Beardmore, 2212 Kiowa Court, Chairman of the Landmark Preservation Commission, suggested that in the future boards and commissions chair- persons be contacted for their input on what the selection criteria for vacancies should be. Mayor Knezovich replied that he hoped the recent appointment of Council liaison positions would give some insight into the needs of the various boards and commissions. -256- 1 June 7, 1983 Items Relating to a Traffic Signal Control System Alternative Communication Analysis Following is the staff's memorandum on this item: "A. Hearing and First Reading of Ordinance No. 70, 1983, Appropriating Unanticipated Revenue in the FAUS Grant Fund. Resolution Authorizing the City Manager to Enter into an Agreement with Transplan Associates for the Traffic Signal Control System Alternative Communication Analysis. Over the past years, the City has installed, operated and maintained a central computer signal system program. The effectiveness of the City's traffic signal system has experienced. considerable gains since the initial phase of this project was completed. A "delay study" performed after the original thirty-three signals were placed under computer control showed a 24% decrease in travel time along College Avenue, the most heavily traveled arterial in the City. Since that study, additional progressive signal timing patterns have been implemented and have proven to be more effective. The City has leased Mountain Bell Telephone lines for communication between the central control facility and the locally controlled intersections in the field for many years. Sixty signalized intersections are now con- trolled by the central computer system via leased telephone circuits. Each of these leased circuits has a monthly charge associated with it based on the number of intersections and mileage from the computer facility. Since the start of the first phase of tf Mountain Bell has attempted to raise their Mountain Bell is presently asking approval ties Commission for a large rate increase unlikely that Mountain Bell will receive i there is presently no way to project what Current leasing rates are $3,500 a year, granted their total requested rate increas high as $70,000. e computerized system project, rates for leased line service. from the Colorado Public Utili- for this service. While it is is full rate increase request, future costs will escalate to. and if Mountain Bell should be the yearly cost could be as The Transportation Services Unit has received approval from the Colorado Department of Highways to spend $25,000 of its 1982-83 Federal Aid Urban Systems money for a Traffic Signal Control System Alternative Communication Analysis. The objective of this project will be to evaluate alternative communication techniques in order to provide the City with the most effi- cient and cost effective communication system to connect the central traffic signal computer with the traffic signal installations throughout the City. -257- ' June 7, 1983 The results of the analysis will include a preliminary design to be implemented by the City in the continued expansion of the signal system. The work will include alternative engineering analysis to compare various communication types and the applicability of each to the computer system. Also, basic instruction in data communication principles and operations on the chosen alternative is to be included in the work. The Transportation Services Unit has conducted a consultant selection process using the CPM/CS guidelines. Requests for Proposals were sent to 12 consulting firms. Three transportation consulting firms responded to the request for proposal. Each firm was interviewed to determine the one best qualified for the proposed project. The firm of Transplan Associates was selected. Total project cost will be $25,000.11 Councilmember Clarke made a motion, seconded by Councilmember Horak, to adopt Ordinance No. 70, 1983 on First Reading. Councilmember Clarke asked what had happened to CML's attempt to negate to these Mountain Bell increases. He added the City had been asked for money about ond the al alternati ve ation methodst for chosen not to communications andtribte.ifu staffH had been in contact with other cities who are faced with the problem. Dbeen held irector of Transportation Services Bob Lee replied the hearings had not ' othe rate increases a that relate to h that staff wasworki working with othercities along the front orange. ne line Heeadded the communications expert would be looking at coaxial cable and the tele- vision lines in the City as possible alternatives to the problem. The vote on Councilmember Clarke's motion to adopt Ordinance No. 70, 1983 on First Reading was as follows: Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, and Ohlson. Nays: None. THE MOTION CARRIED. Councilmember Ohlson made a motion, seconded by Councilmember Clarke, to adopt Resolution 83-92 Authorizing T members Cassell, ransplan Associates for the Traffic Signal Control System Alternative Communication Analysis. Yeas: Council - Clarke None. , Elliott, Horak, Knezovich, and Ohlson. Nays: THE MOTION CARRIED. Ordinance Decreasing the Amount for Payment In -Lieu -of Water Rights from $1500 to $1300, Adopted on First Reading Following is the staff's memorandum on this item: -258- June 7, 1983 "In May, 1982 the City's in -lieu -of water rights cash rate was reduced from $1700 to $1500. As shown on the attached graph, the price of CBT water has continued to decline, indicating a need to again adjust the cash rate. The prevailing price for CBT water is approximately $1300. As directed by Council, the Water Utility staff and the Water Board has continued to monitor the situation. They recommend at this time that the in -lieu -of cash rate be adjusted downward to $1300 per acre-foot, in order to bring it into line with current CBT prices. Lowering the rate to be more consistent with current prices should have the effect of encouraging developers to turn in more cash, which will in turn allow the City to build and improve our facilities to utilize the water that is turned in to the City. In 1981, only about 1% of the water rights requirements were satisfied with cash,, as compared with an average of about 20% during" the previous five years. In 1982, very little water stock or cash has been turned in to the City because of the slowdown in development activity. The cash in -lieu -of water rights rate will be reviewed frequently to determine the need for any adjustments." Councilmember Elliott made a motion, seconded by Councilmember Cassell, to adopt Ordinance No. 71, 1983 on First Reading. Councilmember Elliott asked about reaction time when economic changes might dictate an increase. City Manager Arnold replied staff tries to make adjustments quarterly. He added the Water Board makes timely recommendations when changes need to be made. The vote on Councilmember Elliott's motion to adopt Ordinance No. 71, 1983 on First Reading was as follows: Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, and Ohlson. Nays: None. THE MOTION CARRIED. Resolution Authorizing the City Manager to Amend an Existing Agreement with the State Board of Agriculture to Increase Water and Sewer Service Fees for Providing Water and Sewer Service to CSU, Adopted Following is the staff's memorandum on this item: -259- ' June 7, 1983 "In 1974, the City entered into an agreement with the State Board of Agri- culture of the State of Colorado concerning the furnishing of water and sewer service by the City to Colorado State University. Since that time, the agreement has been amended numerous times for the purpose of adjusting the service fees the City charges CSU for water and sewer service. Rate adjustments for CSU correspond, percentage wise, to the rate adjustments experienced by all the other customers served by the City Water and Sewer Utilities. Rate adjustments for CSU are made effective July 1st of each year to accommodate their budgeting process. The proposed agreement addendum will increase CSU's present water rate of $.62 per 1000 gallons to $.69 per 1000 gallons, an increase of 11.5%. CSU's sewer rate will increase from $.76 per 1000 gallons of treated water used to $.87 per 1000 gallons of treated water used, a 14% increase. These percentage increases (11.5% for water and 14% for sewer) were the same percentage increases experienced by all our other customers on January 1, 1983. As a comparison, the present water rate for our other commercial customers is $.58 per 1000 gallons. CSU's rate is higher because they do not provide the City with raw water (per 1974 agreement) which is required of all other customers. CSU's sewer rate is essentially the same (a penny less) as the rate paid by our other commercial customers. ' These new rates for CSU will remain in effect until July 1, 1984. The proposed addendum has been approved by CSU." Councilmember Clarke made a motion, seconded by Councilmember Horak, to adopt the Resolution. Councilmember Clarke asked why the term of the contract ran from July to July rather than January to January when rate increases take effect. He pointed out CSU's increase lags six months behind as opposed to the in- crease of everyone else in the City. City Manager Arnold replied the current agreement was negotiated over a period of time culminating in 1974. Since the City cannot legislate to CSU, rate increases must be negotiated and take more time than just setting an effective date. In addition, CSU is on a July to July fiscal year. City Engineer Tom Hays replied that CSU has a budgeting process and even though the negotiations are begun as soon as the City knows what the rates will be, CSU has to build those factors into their budgeting process which usually begins in January. They would not have the money for a rate in- crease until their budget is approved and in effect on July 1. ' Councilmember Clarke encouraged staff to explore methods to alleviate this inequity. -260- City Engineer Hays replied that with could negotiate with CSU to make a would recognize the six month delay. June 7, 1983 the City Manager's concurrence, staff factor adjustment to their rates that The vote on Councilmember Clarke's motion to adopt the Resolution was as follows: Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, and Ohlson. Nays: None. THE MOTION CARRIED. City Manager's Report City Manager Arnold reported on the Poudre River problems occurring because of high water and flooding. He reminded Council of the public hearings scheduled on Anheuser-Busch and called attention to the May sales and use tax report that showed an 11% increase with a total of 12.3% for the year. : i Councilmembers' Reports Councilmember Elliott reported on the next Poudre Fire Authority meeting noting the Authority would be evaluating the Chief. Councilmember Clarke reported on the Transfort ridership promotional programs underway in the next few weeks. Councilmember Horak reported on the meetings with the northern and southern districts. He suggested a Water Board member be included on the negotiat- ing team with the southern districts as on the northern district team. Mayor Knezovich asked for additional names to serve on Project RECAP so the advisory board can be put together as soon as possible. Other Business Councilmember Elliott noted the Northern Colorado Liquor Dealers Associa- tion had asked for a Council representative to their organization. He volunteered to serve in that capacity. Councilmember Clarke made a motion, seconded by Councilmember Horak, to appoint Councilmember Elliott to the Northern Colorado Liquor Dealers Association. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, and Ohlson. Nays: None. THE MOTION CARRIED. -261- June 7, 1983 Adjournment Councilmember Horak made a motion, seconded by Councilmember Clarke, to adjourn the meeting. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, and Ohlson. Nays: None. The meeting adjourned at 10:50 p.m. - ATTEST: Mayo �cun'�l� - n n City Cler' -262-