Loading...
HomeMy WebLinkAboutMINUTES-05/18/1982-RegularMay 18, 1982 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, May 18, 1982, at 5:30 p.m. in the Council Chambers in the City of Fort Collins City Hall. Roll call was answered by the following Council - members: Cassell, Clarke, Elliott, Horak, Knezovich, Reeves and Wilmarth. Absent: None. Secretary's Note: Councilmember Elliott arrived at 6:00 p.m. Staff Members Present: Arnold, Krajicek, Huisjen, Lewis, Hays, Meitl, Denton, C. Smith, Gianola, B. Lee. Agenda Review: City Manager City Manager John Arnold noted Item #28 was being withdrawn from the agenda at the request of the petitioner. He added there would be several items of Other Business and a possible request for an Executive Session. Councilmember Clarke asked that Items 12 and 15 be removed from the Consent Calendar. Councilmember Wilmarth requested Items 16 and 17 be withdrawn from the Consent Agenda. -223- Cons ---Consent Calendar lend-- May 18, 1982 ' 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. 4. Consider Approving the Minutes of the regular meeting of May 4, 5. Second Reading of Ordinance_ No. 55, 1982, Relating to Retail_ Electric Rates for Service. This Ordinance was unanimously adopted on First Reading on May 4. The rate tariffs incorporated in this ordinance are designed to increase revenues from each rate class by 9.5%. This increase is required to partially off -set a 39.1% increase in purchased power rates experienced January 1, 1982. 6. Second Reading of Ordinance No. 56, 1982, Adopting by Reference the Model Traffic Code, 1977 Edition. This Ordinance was passed unanimously on First Reading on May 4, 1982 ' and adopts the Model Traffic Code for Colorado Municipalities, 1977 Edition by reference and makes the amendments suggested to Council by the Police Department, the Traffic Engineering staff, and the City Attorney's office. The amendments set out in the Ordinance enact provisions not covered by the Model Traffic Code. 7. Second Reading of Ordinance No. 57, 1982, Amending Section 95-91 of the Code Relating to the Annual Review of Fees for Street Oversizing. This Ordinance was unanimously adopted on First Reading on May 4. Ordinance 112-1979 requires that the Street Oversizing Fee be eval- uated and adjusted, if necessary, on a quarterly basis. The last adjustment was adopted by the City Council on February 16, 1982. The fees presently are: Residential $ 246.00 D.U. Business & Commercial $3,500.00 Gross Acre Industrial $ 500.00 Gross Acre Staff recommends that the Street Oversizing Fee Schedule adopted in February be continued with no change. Staff believes that an annual evaluation and adjustment of fees would be adequate in most instances. If circumstances change, then review of the fee structure could be made at more frequent intervals. ' -224- ' May 18, 1982 8. Second Reading of Ordinance No. 58, 1982, Decreasing the Amount for Payment In -Lieu -of Water Rights from $1700 to $1500 This Ordinance was unanimously adopted on First Reading on May 4. In January, the City's in -lieu -of water rights cash rate was reduced from $1900 to $1700. 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 $1500. 9. Second Reading of Ordinance No._59, 1982, Amending a Section of the Wastewater Utility Ordinance. In January, Council adopted the Wastewater Utility Ordinance. During the implementation of this Ordinance, staff noted the need for a housekeeping amendment to one section of the Ordinance relating to the determination of charges. The new Ordinance, which was unanimously adopted on First Reading on May 4, sets July 1 as the reporting date for the recommendation on user rates, to be in effect from January 1 to December 31 of the following year. This is a minor housekeeping change to bring the reporting and review dates into compliance with actual practice. ' 10. Second Reading of Ordinance No. 60, 1982, Appropriating Unanticipated Revenue in the UMTA-Section 8 Grant Fund. Resolution 81-128 authorized the City Manager to file an application with the Department of Transportation for a technical studies grant to address some major issues regarding Transfort operation. Grant approval has been received from the Department of Transportation in the amount of $24,000 for this program. The City of Fort Collins' matching share of $6,000 will be in -kind City employee work hours. This Ordinance, which was adopted by a 5-2 vote on May 4, appropriates the federal grant monies totalling $24,000 in the UMTA-Section 8 Fund. 11. Second Reading of Ordinance No. 61, 1982, Appropriating Unanticipated Revenue in the General fund. The Auntie Stone Quester group of Fort Collins received a $500 grant from its state organization to finance preservation and rehabilitation work on the Elizabeth Stone house in the courtyard of the Fort Collins Museum. The funds have been donated to the Museum for carpentry and application of a preservative to the cabin exterior. ' This Ordinance, which was unanimously adopted on First Reading on May 4, appropriates $500 in the General Fund to carry out this project. -225- 12 13 14 15 May 18, 1982 ' Hearing and First Reading of Ordinance No. 65, 1982, Amending Section 84-1 of the Code Concerning Loitering in Center Parkinq Areas. The proposed amendment to Section 84-1, regulating the use of center parking areas, was formerly Section 114-55.1 in the Traffic Code. Pursuant to Ordinance No. 56, 1982, Adopting the Model Traffic Code for Colorado Municipalities, Section 114-55.1 will be repealed effec- tive May 28, 1982. This ordinance would amend Section 84-1 of the Code to include the repealed provision on the use of center parking areas. Hearing and First Reading of Ordinance No. 66, 1982, Appropriating Unanticipated Revenue in the S.A.V.E. Grant Fund. On February 2, 1982, the City Council appropriated $67,200 in unanti- cipated revenue from the Department of Energy Conservation Energy Extension Service for the S.A.V.E. Grant Fund. The purpose of the program is to coordinate weatherization of homes for senior, handi- capped, and low income residents of the Fort Collins area and to disseminate information on energy efficiency topics. On May 7, 1982, the Department of Energy Conservation Energy Extension Service awarded the S.A.V.E. Grant fund an additional $8,500 to weatherize 100 more homes. ' This Ordinance appropriates the grant monies of $8,500 in the S.A.V.E. Grant Fund for this project. Hearing and First Reading of Ordinance No. 67, 1982, Appropriating Unanticipated Revenue in the Performing Arts Fund. Revenue received from the performance of the Chinese Circus totalled $10,064 and the expenses totalled $7,784. The revenue now needs to be appropriated to replace the funds which will be needed to cover Art Series events later in the year. Appropriating the additional revenue allows the Fund a contingency to cover other unanticipated program opportunities which may occur later in the year. This Ordinance appropriates $10,064 in unanticipated revenue in the Performing Arts Fund. If this ordinance is not approved, originally scheduled activities will not occur. Hearing and First Reading of Ordinance No. 68, 1982, Revising Street Encroachment and Obstruction Application Fees as Established in Sections 95-16 and 95-17 of the Code of the City of Fort Collins The current $1 application fee does not cover costs of handling the street encroachment and obstruction permits and allows the occupation , -226- ' May 18, 1982 of several prime parking spaces in the downtown area. The $1 fee is not in line with current fees charged for parking. The proposed fees are more appropriate and will confine the use of the street encroach- ment and obstruction permits to higher priority items. Since the metered and time -limit parking is of the highest priority for parking, the fee is recommended at $20 for each 25 feet of front- age or portion thereof per month. The unrestricted parking areas would have a charge of $20 per month for each 50 feet of frontage or portion thereof. A single parking space would have a charge of $1 per space per day with a minimum charge of $5 to handle the administration costs involved. 16. Hearing and First Reading of Ordinance No. 69, 1982, Annexing Property Known as Harbor Wyk Two. — — This is a request for annexation of a 0.35-ac parcel located on the south side of Warren Lake. The parcel is immediately adjacent to a 9.9-ac parcel which was annexed to the City in May 1981, known as the Harbor Walk Annexation. 17. Hearing and First Reading of Ordinance No. 70, 1982, Zoning Property Known as Harbor Walk Two. ' This is a request to zone 0.35-ac located on the south side of Warren Lake, known as the Harbor Walk Two Annexation. The area is presently zoned FA-1 Farming. 18. Resolution Authorizing the Sale of East 60 feet of Lot 9, Block 8, Scott Sherwood Subdivision 1227 W. Olive St. The area served by the electrical substation at 1227 W. Olive St. has been converted to a higher voltage, eliminating the need for this substation. The equipment has been dismantled and sold and the lot vacated. After offering this lot to other City departments, all property owners adjacent to the site were contacted in order to determine whether any were interested in purchasing the site. Jerry Nix has been the only interested party. The property was appraised at $2.00/square foot or a total value of $6000.00. Jerry Nix has pre- sented an offer to purchase the property at this appraised value and staff recommends approval of this sale in accordance with the Agree- ment of Sale and Purchase offered by Jerry Nix. Ordinances on Second Reading were ready by title by Wanda Krajicek, City Clerk. Item #5. Second Reading of Ordinance No. 55, 1982, Relating to Retail ' Electric Rates for Service. -- -227- May 18, 1982 ' Item #6. Second Reading of Ordinance No. 56, 1982, Adopting by Reference the Model Traffic Code. 1977 Edition. Item #7. Second Reading of Ordinance No. 57, 1982, Amending Section 95-91 of the Code Relating to the Annual Review of Fees for Street Oversizing. Item #8. Second Reading of Ordinance No. 58, 1982, Decreasing the Amount for Payment In -Lieu -of Water Rights from $1700 to $1500. Item #9. Second Reading of Ordinance No. 59, 1982, Amending a Section of the Wastewater Utility Ordinance. Item #10. Second Reading of Ordinance No. 60, 1982, Appropriating Unan- ticipated Revenue in the UMTA-Section 8 Grant Fund. Item #11. Second Reading of Ordinance No. 61, 1982, Appropriating Unan- ticipated Revenue in the General Fund. Ordinances on First Reading were read by title by Wanda Krajicek, City Clerk. Item #12. Hearing and First Reading of Ordinance No. 65, 1982, Amending I Section -1 o the Code Concerning Loitering in Center Parking Areas. Item #13. Hearing and First Reading of Ordinance No. 66, 1982, Appro- oriatino Unanticipated Revenue in the S.A.V.E. Grant Fund. Item #14. Hearing and First Reading of Ordinance No. 67, 1982, Appro- priating Unanticipated Revenue in the Performing Arts Fund. Item #15. Hearing and First Readi Street Encroachment and lished in Sections 95-1 ns Item #16. Hearing and First Readi Property Known as Harbor of Ordinance No. 68, 1982, Revisin )struction Application Fees as Estab and 95-17 of the Code of the City o of Ordinance No. 69, 1982, Annexin Item #17. Hearing and First Reading of Ordinance No. 70, 1982, Zoning Property Known as Harbor Walk Two. Councilmember Wilmarth made a motion, seconded by Councilmember Clarke, to adopt and approve all items not removed from the Consent Calendar. -228- 1 ' May 18, 1982 Yeas: Councilmembers Cassell, Clarke, Horak, Knezovich, Reeves and Wil- marth. Nays: None. THE MOTION CARRIED. Ordinance Amending Section 84-1 of the Code Concerning Loitering in Center Parking Areas, Adopted on First Readinq Following is the staff's memorandum on this item: "The proposed amendment to Section 84-1, regulating the use of center parking areas, was formerly Section 114-55.1 in the Traffic Code. Pursuant to Ordinance No. 56, 1982, Adopting the Model Traffic Code for Colorado Municipalities, Section 114-55.1 will be repealed effective May 28, 1982. This ordinance would amend Section 84-1 of the Code to include the repealed provision on the use of center parking areas." Councilmember Clarke expressed his concerns about the effectiveness of this Ordinance as it pertains to the loitering problem in the downtown center parking. ' Assistant City Attorney Denton replied there was difficulty in drafting and enforcing a loitering ordinance which would be constitutional. He noted the Supreme Court had recently ruled on a loitering type ordinance drafted by the State and found it to be unconstitutional. He added he felt the best way to control loitering in the center parking is to prohibit parking during certain periods of time. Councilmember Clarke suggested approaching this problem by prohibiting persons from waiting and sitting in vehicles in the downtown area late at night. Assistant City Attorney Denton noted the various attempts that had been made to solve the problem. He stated staff had approached the Fort Town organization and proposed several solutions to the problem including restricting parking in the center area between 10:00 p.m. and 12:00 p.m. and 6:00 a.m. The Police Department felt that was a way to control the situation but it did not meet with the approval of Fort Town because of their concern about restaurant parking late at night. He suggested the matter be discussed with the Police Department and go back to Fort Town and see if they might now concur with this solution. Councilmember Clarke stated he would support the ordinance with a follow-up to be done by the City staff. I Councilmember Clarke made a motion, seconded by Councilmember Reeves, -229- May 18, 1982 ' to adopt Ordinance No. 65, 1982 on First Reading. Yeas: Councilmembers Cassell, Clarke, Horak, Knezovich, Reeves and Wi1marth. Nays: None. THE MOTION CARRIED. Ordinance Revising Street Encroachment and Obstruction Application Fees as Established in Sections 95-16 and 95-17 of the Code of the City of Fort Collins, tabled to June 15 Following is the staff's memorandum on this item: "The fees for street encroachment and obstruction were established and adopted by the Council of the City of Fort Collins on November 24 ,1965, and the application fee was set at $1. The permit allowed for street obstruction, encroachment and occupation for 90 days with an extension for additional ninety -day periods upon written application and payment of a renewal fee of one dollar. The permits often allowed occupation of 3-4 parking spaces in the downtown area for this $1 fee. With the establishment of a Parking Commission, a review of the parking needs in the downtown area resulted in several parking changes. A fee permit parking program was established. Current fee per month for the permit parking is $8.00 in the established lots. ' The $1 application fee does not cover costs of handling the street en- croachment and obstruction permits and allows the occupation of several prime parking spaces in the downtown area. The $1 fee is not in line with current fees charged for parking. The proposed fees are more appropriate and will confine the use of the street encroachment and obstruction permits to higher priority items. Since the metered and time -limit parking is of the highest priority for parking, the fee is recommended at $20 for each 25 feet of frontage or portion thereof per month. The unrestricted parking areas would have a charge of $20 per month for each 50 feet of frontage or portion thereof. A single parking space would have a charge of $1 per space per day with a minimum charge of $5 to handle the administration costs involved. A parallel parking space requires a minimum of 22 feet. The fees for this permit would become a revenue for the Parking Fund. This money could be designated toward capital projects designed to pro- vide additional parking lots in the downtown area. Staff recommends approval of this Ordinance revision." Councilmember Clarke noted there had been 49 encroachment 'permits and 20 occupation permits which raised $69 in revenue. He questioned whether the I proposed fee increase was still too low. He especially felt the $5 minimum charge for a single parking space was too low. -230- May 18, 1982 Councilmember Wilmarth asked if the Parking Commission had reviewed this matter and if they felt the fees were appropriate. City Manager Arnold replied the Parking Commission had reviewed the fees and were supportive of this user fee policy. Councilmember Knezovich suggested the reference to the rules and regula- tions of the Public Works Department mentioned in the ordinance be deleted and pointed out the permits were renewable by the Director of Public Works every 90 days. He questioned the automatic renewal provision. Director of Streets & Traffic Bob Lee noted the purpose of the ordinance is to free up as much parking in the downtown area as possible and that people were being encouraged to park in the surrounding areas and not on College Avenue and Mountain Avenue. He noted in relation to the rules and regula- tions, that when a person obtains an encroachment permit he is required to repair or replace any damage done to the street plus other requirements contained in those rules and regulations. Councilmember Horak made a motion, seconded by Councilmember Wilmarth to table the ordinance and schedule the matter for a work session in June. Yeas: Councilmembers Cassell, Clarke, Horak, Knezovich, Reeves and Wilmarth. Nays: None. THE MOTION CARRIED. Ordinance Annexing Property Known as Harbor Walk Two Adopted on First Readina Following is the staff's memorandum on this item: "Applicants are requesting annexation of a 0.35-ac parcel located on the south side of Warren Lake. The parcel is immediately adjacent to a 9.9-ac parcel which was annexed to the City in May 1981, known as the Harbor Walk Annexation. The site is vacant and surrounding land uses are as follows: North: Warren Lake. South: Harbor Walk Annexation, one existing residence. East: Harbor Walk Annexation, vacant. West: Landings Third, existing single-family residences. Discussion Harbor Walk Annexation has at least 1/6th of its boundary contiguous -231- May 18, 1982 ' to City limits. Contiguity is achieved to the east and to the south through the Harbor Walk Annexation (annexed in May 1981). Policy 17 of the Land Use Policies Plan states that: "The City will establish annexation criteria through which it will consider annexation proposals." With the adoption of the Intergovernmental Agreement, the following annexation criteria and policies for the Urban Growth Area have been established: "The City of Fort Collins agrees to annex all property within the unincorporated area of the Urban Growth Area as soon as said property becomes eligible for annexation. The City agrees to consider for annexation any annexation petition for undeveloped land which qualifies for voluntary annexation pur- suant to State law." The Harbor Walk Two Annexation is eligible for annexation since it has the necessary contiguity and is a voluntary annexation. Staff Recommendation ' Staff recommends approval of the Harbor Walk Two Annexation. Planninq and Zoninq Board Recommendation The Planning and Zoning Board recommended approval on a vote of 6-0 at their meeting of April 26, 1982 of the annexation of property known as Harbor Walk Two (Case No. 27-81A)." Councilmember Reeves asked the record show she did not vote or participate in the discussion of this item and the one following. Councilmember Wilmarth expressed concern about the ownership question mentioned in the Planning and Zoning Board minutes and asked why it was necessary to annex this small parcel at this time. Planning Director Curt Smith replied that the ownership question would be settled by requiring an attorney's certification prior to the submittal of the plat. He added this parcel was a piece of developable land that can be developed with the property immediately southeast of it which needs to be annexed in order to develop the rest of the property adjacent to it under one ownership. Dennis Donovan, v-p Osprey Inc. the applicant, addressed Council's con- cerns. -232- J May 18, 1982 Councilmember Knezovich made a motion, seconded by Councilmember Clarke, to adopt Ordinance No. 69, 1982 on First Reading. Yeas: Councilmembers Cassell, Clarke, Horak, Knezovich, and Wilmarth. Nays: None. (Council - member Reeves withdrawn). THE MOTION CARRIED. Ordinance Zoning Property Known as Harbor Walk Two Adopted on First Readin4 Following is the staff's memorandum on this item: "Applicants are requesting to zone 0.35-ac located on the south side of Warren Lake, known as the Harbor Walk Two Annexation. The area is presently zoned FA-1 Farming, with surrounding zoning as follows: North: Warren Lake. South: R-M-P, Medium Density Planned Residential. East: R-M-P, Medium Density Planned Residential. West: R-L-P, Low Density Planned Residential. Discussion Policies 80 and 82 of the Land Use Policies Plan address locational cri- teria for higher density residential development. These policies state that: Policy 80: Higher density residential uses should locate: a. Near the core area, regional/community shopping centers, CSU main campus, or the hospital; b. Within close proximity to community or neighborhood park facil- ities; c. Where water and sewer facilities can be adequately provided; d. Within easy access to major employment centers; e. With access to public transportation; and f. In areas with provisions for alternative modes of transpor- tation. -233- May 18, 1982 ' Policy 82: Higher density residential uses should locate in planned unit developments or in close proximity to existing higher density areas. The site is located near regional/community shopping facilities (Foot- hills Fashion Mall) and neighborhood and community parks at Warren Park, Landings Park, and the Collindale Golf Course. Major employment centers are located at the Fashion Mall, NCR, PRPA and Hewlett-Packard. Public transportation exists and bicycle routes are planned along Horsetooth Road. Staff Recommendation Staff recommends approval of the Harbor Walk Two Zoning to R-M-P, Medium Density Planned Residential. Planning and Zoning Board Recommendation The Planning and Zoning Board voted unanimously (6-0) to recommend approval of the R-M-P, Medium Density Planned Residential, zoning of property known as Harbor Walk Two (Case No. 27-81B)." Councilmember Wilmarth noted his concerns had been satisfied with regard to ' this item. Councilmember Knezovich made a motion, seconded by Mayor Cassell, to adopt Ordinance No. 70, 1982 on First Reading. Yeas: Councilmembers Cassell, Clarke, Horak, Knezovich, and Wilmarth. Nays: None. (Councilmember Reeves withdrawn). Presentation on Draft Fort Collins Air Quality Plan Following is the staff's memorandum on this item: "The Larimer-Weld Regional Council of Governments (COG) and the COG's Air Quality/Transportation Technical Advisory Committee, have completed a draft of the Fort Collins Air Quality Plan. An Executive Summary of the Commit- tee's recommendations to the Council is attached for review. City staff and members of the COG staff will be present to answer questions and give a brief overview of the Plan. Under the provisions of the Clean Air Act, the Air Quality Plan must be submitted to the EPA by July 1st as part of the Colorado State Implementa- tion Plan. To meet this submittal deadline, the document must be released for public review at this time, and a public hearing needs to be held at the June 1st Council meeting.` -234- , ' May 18, 1982 Secretary's Note: Councilmember Elliott arrived at this point. Sally Janett, Air Quality Planner for COG, presented copies of the full document since only the executive summary had accompanied the agenda. She requested a public hearing be set for June 1st. She noted that after adoption by the Fort Collins City Council the -Plan would be submitted to the Colorado Air Quality Control Commission which has already set their public hearing date for June 11. She noted the Plan would be sent to other organizations in Fort Collins for their review. A summary presentation of the Plan will be given at the June 1st hearing. Councilmember Knezovich noted he had difficulty reading the executive summary and expressed hope the full document would be more understandable. He asked why it was necessary to adopt this Plan. Ms. Janett replied the Clean Air Act required areas projected not to meet the standards by the end of 1982 to submit a revision to the Plan submitted in 1979. The Clean Air Act is being reviewed by Congress, but before they act Fort Collins is required by law to submit this Plan. Failure could result in loss of federal assistance for various water and sewer and highway projects. Mayor Cassell asked staff to schedule the public hearing for June 1st. IOrdinance Repealing a Section of the Code as it Relates to the Liquor Licensing Authority Appeal Procedure, Adopted on First Reading Following is the staff's memorandum on this item: "At the Council work session of May 11th, the City Council discussed the recent ruling of Judge John -David Sullivan in the case of James Whalen v. The City of Fort Collins et al. Pursuant to his ruling, the City's Liquor Licensing Appeal Procedure was considered to be in conflict with C.R.S. §12-47-141, 1973 (as amended). Subsequent to discussion of the matter, City Council directed staff to prepare an Ordinance repealing the Code section which conflicts with the statutory provision. Other matters discussed at the work session will be brought before Council at a later date." Assistant City Attorney Denton asked what Council's desire was with regard to the appeal of the District Court ruling in the Whalen case. Mayor Cassell replied that matter would be discussed in Executive Session later in the evening. Councilmember Knezovich asked how the cities of Aurora, Arvada, and Boulder had addressed appeals procedures with Liquor Licensing Authority. -235- May 18, 1982 ' Assistant City Attorney Denton replied that the Authorities or the Councils in those cities have the final authority and none addresses the appeal in the manner Fort Collins currently does. He added Fort Collins was the only city in the state to have this intermediate appeal from the,Authority to Council and then on to District Court. Councilmember Reeves made a motion, seconded by Councilmember Clarke, to adopt Ordinance No. 71, 1982 on First Reading. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, Reeves and Wilmarth. Nays: None. Resolutions Setting Forth the Intention of the City of Fort Collins to Issue Industrial Development Revenue Bonds for Neenan Company and ION Tech, Inc., Adopted Following is the staff's memorandum on this item: "A. Resolution Setting Forth the Intent of the City of Fort Collins to Issue Industrial Development Revenue Bonds for Neenan Building Part- nership. B. Resolution Setting Forth the Intent of the City of Fort Collins to I Issue Industrial Development Revenue Bonds for Tulakes Associates. Formal letters of application for Industrial Revenue Bonds were received from Neenan Company and ION Tech, Inc., on April 13, 1982. The applications have been reviewed by the Finance, Planning, and Legal Departments and the attached Inducement Resolutions are being submitted to City Council with a recommendation for approval. The project consists of construction of two separate office facilities of 17,500 square feet each in the Seven Lakes Business Park, located on East Prospect. Each of the facilities will be owned by separate General Part- nerships and leased back to the Neenan Company and ION Tech, Inc. A more definitive description of the partnerships and lease arrangements are included in the Inducement Resolutions. The Neenan Company application is for $750,000 and the ION Tech, Inc. application is for $800,000. Both companies are presently located in Fort Collins and are seeking facilities that will accommodate projected growth. The entire application packets of the two companies were reviewed by City staff. The applications were compared to the IDRB policies and guidelines identified in Resolution 82-25. Following are the results of the staff analysis. -236- 1 May 18, 1982 I. Policy A. General. The City of Fort Collins desires to maintain a reasonable level of economic growth and development in the City and within the boundaries of its Urban Growth Area. To this end, one principal mechanism for implementing positive government action in concert with the private sector is the use of Industrial Development Revenue Bonds (IDRB) pursuant to County and Municipality Development Revenue Bond Act, Title 29, Article 3 of the Colorado Revised Statutes. Staff Comment The construction of these facilities would be a positive factor in the maintenance of a reasonable level of economic growth and development. The proposed facilities are to be located within the City limits. State statutes provide for the inducement of existing industries which are expanding. B.. Endorsement of the Use of Industrial Development Revenue Bonds. e ity o rort o ins en orses t o concept o positive local governmental action to stimulate balanced economic development ' in close cooperation with private institutions. This will include the discriminate use of Industrial Development Revenue Bonds as one means available to the City of Fort Collins to achieve these purposes. Staff Comment The approval of inducement resolutions for these projects would be a positive action by the City towards stimulating balanced economic development. C. Economic Competition. It is not the intent of the City of Fort o ins, t roug t e implementation of this policy, to provide an economically competitive advantage to any entity whether their purpose for existence be for profit or non-profit. Staff Comment Analysis of the applications in terms of this policy statement is very difficult. There seems to be three key questions. 1. Who are we inducing? 2. What are we inducing them to do? ' 3. Is a competitive advantage achieved by the applicants? -237- May 18, 1982 ' Technically, we are inducing general partnerships whose sole function is to own and lease back the facilities. Practically, we are inducing two companies, Neenan Company and ION Tech, Inc., whose functions are broader and will provide the economic benefits to the community. Technically, we are inducing the general partnerships to build office space and manufacturing facilities. Practically, we are inducing the two companies to expand their facilities (by the construction of new and larger facilities) to be occupied under long term leases, thereby insuring that the companies remain in Fort Collins. A competitive advantage may be present if the transaction is viewed from the technical aspect. That is, there are probably many general partnerships in the community whose purpose is to own and lease office facilities. I A competitive advantage may be present in Neenan Company's application even if viewed from the practical aspect. That is, there may be a number of design/build contractors in the community, some of which may be expanding or wish to expand into new facilities. ' A competitive advantage probably does not exist with ION Tech, Inc. if the transaction is viewed from the practical aspect since ION Tech, Inc. provides a unique product for which there is not competition. A conclusion as to the consistency of the applications with this policy will ultimately be the responsibility of Council. II. Guidelines A. General. Guidelines set forth herein are not intended as minimum requirements, and each application will be considered on its individual merits. B. Benefits to the City. Generally, an IDRB proposal should demon- strate one or more of the following economic benefits to the City. Creation of additional jobs within Fort Collins and within the boundaries of its Urban Growth Area. Staff Comment Neenan Company employment projections include increasing ' from a present base of 44 employees to 75 employees by 1986. -238- ' ION Tech, Inc. employment projections include increasing May 18, 1982 from a present base of 14 employees to 112 employees by 1987. 2. Increase of tax base resulting in a net fiscal benefit to the City. Staff Comment The construction costs of the two facilities is S1,550,000. Based on current state statutes and City mill levies, the annual property tax revenue would be approximately $3,000. The table below shows the estimated annual sales tax revenue for the City based upon the projected sales, subject to sales tax, of the two companies. PROJECTED SALES IN THOUSANDS (In Whole Dollars) NEENAN COMPANY ION TECH, INC. TOTAL SALES TAX REVENUE 1982 2,750 1,950 4,700 105,750 1983 4,500 3,014 7,514 161,065 1984 6,500 4,533 11,033 248,242 1985 8,500 6,895 15,395 346,387 1986 11,000 10,500 21,500 483,750 1987 Not Provided 16,000 16,000 360,000 3. Stimulation of additional business investment. Staff Comment The nature of Neenan Company's business and more specifically the Seven Lakes Business venture is such that it is reasonable to assume that additional business will be drawn to the community. ION Tech, Inc. is a very specialized high tech company that may draw other high tech companies to the community. 4. Provide facilities or benefits to Fort Collins citizens for economic purposes in a manner that compliments the City's own programs or facilities. Staff Comment I This provision is not applicable to the applications. -239- May 18, 1982 ' i C. Other Considerations. The City will encourage the submission o proposa s t at are consistent with the following general guide- lines. 1. IDRB proposals should be consistent with stated official policies and goals and objectives of the City of Fort Collins. It is the responsibility of the applicant to obtain such information from the City administration. 2. The City of Fort Collins will encourage the submission of proposals that provide for downtown revitalization, historic preservation and energy conservation. Staff Comment Neither of the applications appear to be inconsistent with stated official policies, goals and objectives of the City. The Seven Lakes Business Park has been approved as a PUD by the Planning and Zoning Board. D. Facilities and Programs. All facilities and programs that may e inance un er t e olorado statutes will be eligible for consideration by the City. Competitive impact resulting from the facility or program will be considered and addressed in ' approving an IDRB issue. Staff Comment Both applications have been preliminarily discussed with the City's bond counsel and appear to be consistent with state statutes. III. Financial Responsibility. Applicants for IDRB issues must clearly demonstrate inancia responsibility sufficient to amortize the proposed bond issue. The plan for marketing the IDRB's will determine the general financial standards used by the City to evaluate the proposal. The marketing plan for the sale of the IDRB issue must be filed with the application and kept current through the closing of the IDRB issue. A. Public Offering of Industrial following financial criteria the participation of the City Development Revenue Bonds. The ill be used as guidelines for in a public offering of IDRB's: 1. The financial statements of the applicant should demonstrate sound financial position and operation results. 2. And further, that the applicant should present financial pro- jections of the proposed project based on a marketing survey , or a feasibility study, where applicable. -240- [I May 18, 1982 B. Private Placement. 1. Description of private placement investor(s). 2. The debt to appraised value of the proposed facility should not exceed 90%. Exceptions to this guideline should be allowed where the applicant presents special circumstances for a higher debt to appraised value ratio. Staff Comment The marketing plan was not filed with the application, however, private placement with local financial institutions is being considered by the applicants. Since private placement is being considered, the applications were compared to the financial standards required under Private Placement rather than a Public Offering. The appraised value of the facilities obviously will not be known until after construction is complete, however, it is felt that the appraised value of the ION Tech, Inc. facility will be greater than the construction costs because of its unique character. C. Other General Economic Considerations 1. Asset life span versus term of the bond issue. 2. Management strength of applicant. 3. Minimum size of bond issues. Generally, the City will not consider an IDRB issue of less than $750,000, unless private placement has been pre -arranged. 4. Efforts toward public/private partnership projects. Staff Comment The asset life span is expected to be 40 years or greater, compared to 20 year term bonds. The City staff has met with the management teams of both companies and reviewed personal financial statements and company financial projections. The financial projections are reasonable and the management of both companies appears to be based on sound financial policies. -241- D. Reimbursement to the City of all expenses. May 18, 1982 ' Whether or not the proposed project is approved by the City of Fort Collins and Industrial Revenue Bonds issued, the proponent of the project will be required to reimburse the City of Fort Collins for any and all expenses incurred as a result of the application for Industrial Development Revenue Bonds. This reim- bursement will include, but not be limited to, the cost of time of all the personnel of the City, the expense of bond counsel and such consultants as the City may employ to assist in the evaluation, and all other expenses incurred by the City related to the proposal. E. Fees charged by the City for the Issuance of Industrial Development evenue bonds. If the proposed project is approved by the City of Fort Collins and Industrial Development Revenue Bonds are issued, a fee will be paid to the City by the applicant. The amount of said fee shall be the present value of the amount to be derived from applying 1/16 of 1% to the unpaid principal amount of the bonds at the end of each bond year. This fee will be in addition to the reimbursement of any and all expenses incurred by the City. Notwith- standing any provision contained herein, this fee shall not exceed federal ' arbitrage regulations. The fee will be paid to the City at the time of official closing on the sales of the bonds. Staff Comment Both applicants have been adivsed of provisions stated above and have agreed to both. Recommendation The only possible problem staff sees with the IDRB applications is the question of economic competition: Should we issue or should we withhold IDRB's from either because approval would give each firm competitive advantage (in lower interest rates) over its competitors? Staff feels that competitive advantage is a problem inherent in IDRB's; its amelior- ated by the fact that IDRB's are open to all comers, thereby leavening the advantage. But the decision is one of values that Council should resolve. Staff recommends Council resolve the policy question on economic competi- tion and if favorable, proceed with the resolutions." -242- May 18, 1982 David Neenan, President of Neenan Company, stated there would be a simul- taneous presentation of these two requests for IDRB's. He gave a history of his company and noted he felt they could not expand their employment base in the current financial market without the aid of IDRB's. He gave a history of the Seven Lakes P.U.D. and noted his company's intent to attract companies from the high technology industry. He introduced Paul Reader, President of ION Tech, Inc. and noted the company deals in ion sources. Mr. Reader gave a history of ION Tech, Inc. and noted the special facility requirements required by his company, i.e. "clean room" facilities not found in existing buildings. He estimated his work force would increase to over 100 within the next five years. Steve Barnes, Marketing and Design Manager, gave a demonstration of the plans for Seven Lakes. His slide presentation depicted the site improve- ments already accomplished. He noted they had attempted to maintain the natural environment as much as possible. He showed .renderings of the buildings planned for the site. Council recessed for the dinner break at this point. I Citizen Participation A. Proclamation Naming May 23-29 as National Public Works Week. Was accepted by Carol Osborne, Assistant to the Director of Public Works. B. Presentation of Certificate of Appreciation to Fort Collins Camp Fire Girls. Was accepted by members of the Camp Fire Troop. C. Mayor Cassell read a proclamation naming May 18 as "Official Fossil Day" in Fort Collins in honor of Councilmember Wilmarth's 48th birth- day. Resolutions Setting Forth the Intention of the City of Fort Collins to Issue Industrial Development Revenue Bonds for Neenan Company and ION Tech, Inc. (Secretary's Note: This item continued from page 236.) ' Councilmember Knezovich asked Mr. Heenan what his company's initial uses of the building would be. -243- May 18 Mr. Neenan explained the usage noting the Neenan Company would be occupying approximately 7,000 square feet of the total 17,500 square feet and the balance would be subleased to high technology industry. Councilmember Reeves asked if additional IDRB's would be requested for the other buildings planned for the tract. Mr. Neenan replied that it was hoped the current financial market would change and other options would be available. Councilmember Horak asked what the Neenan Company's plans would be if the request for IDRB's was denied. Mr. Neenan stated they would pursue whatever alternative sources were available after reappraising the project to determine what debt service could be afforded. Councilmember Knezovich asked Mr. Reader what would happen if ION Tech was no longer in existence in two years. Mr. Reader replied the company was in a strong cash position but added he felt the marketability of the facility would be extremely high. Even with the uniqueness of the building it could always be leased to a lesser use if high technology applications were not available. Councilmember Knezovich stated he would vote "no" on this resolution because of the commitments he had made to stay in a competitive situation he could not divorce himself from other businesses already in existence in the community. I :. Councilmember Elliott made a motion, seconded by Councilmember Clarke, to. adopt the Resolution setting forth the City's intent to issue IDRB's for Neenan Building Partnership. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Reeves and Wilmarth. Nays: Councilmember Knezovich. THE MOTION CARRIED. Councilmember Clarke made a motion, seconded by Councilmember Elliott, to adopt the Resolution setting forth the City's intent to issue IDRB's for Tulakes Associates. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Reeves and Wilmarth. Nays: Councilmember Knezovich. THE MOTION CARRIED. Engineering/Architectural Services for the New Bus Facility Contracts Awarded to ZVFK Architects/Planners _ Following is the staff's memorandum on this item: ' -244- I M "Background ay 18, 1982 During the months of March and April 1981, City staff developed an appli- cation for a capital improvement assistance grant from the Urban Mass Transportation Administration for the design and construction of a New Transfort Facility including the purchase of four new buses. City Council accepted this grant on August 4, 1981. The proposed four (4) acre site for this New Bus Facility is located in the southern portion of the City of Fort Collins and located on an undeveloped site. The grant included the purchase of four acres of land. The approach taken was to combine this bus facility with a Southside Service Center, a park, and any other future City facilities. Negotiations for the site, as stated in the grant, did not work out in the best interests of the City. Therefore, on January 19, 1982, the decision was made to locate this New Bus Facility on a 60 acre site located on Trilby Road, one-half mile east of College Avenue. In- cluded on this site will be the New Transfort Facility, a Southside Service Center, plus a major substation for the Light and Power Utility and the Platte River Power Authority. Proposed Work ZVFK Architects/Planners have been selected to perform the engineering/ architectural services for the New Bus Facility. Staff is recommending entering into a site improvement agreement in the amount of $42,690 and the agreement for the new Transfort facility in the amount of $356,410. The procedures as outlined in the Capital Projects Management Control System were followed in the total selection process. The Requests for Proposals were transmitted to all interested engineering/architectural firms on March 19, 1982. A total of fifteen (15) proposals were received on April 16, 1982. From the fifteen (15) proposals, four (4) firms were interviewed. These four were: ZVFK, Architecture Plus, Sutter Architect -Planner, and RNL (Rogers, Nagel, Langhart). A compilation of the rating system and ratings of the consultants are attached. The scope of work for this overall project includes four parts: Part 1) Site Development of a 60 acre site including the following: topographic mapping of the entire site; all associated surveying; master planning the site according to the Land Development Guidance System; civil engineering design and construction of entire site based upon overall master plan including off -site and on -site street improvements, the asso- ciated drainage improvements and overlot grading. This work will be ' performed by ZVFK. The design and construction of utilities will be done by the following: electric, City of Fort Collins Light and Power Depart- ment; water, City of Fort Collins Water and Sewer Department; sewer, City -245- May 18, 1982 of Fort Collins Water and Sewer Department; telephone, Mountain Bell and Northern Telecom; natural gas, Public Service Company of Colorado. Part 2 is the design and construction of an approximately 35,000 square foot administration/maintenance/storage facility for 25 buses on a four acre site within the total 60 acre site. This includes the usual phases of schematic design (conceptual); development (preliminary) (final), con- struction documents, bidding, contract administration and close-out phases. The City of Fort Collins will be evaluating the following items for the facility. 1. Follow the City of Fort Collins procedures for any new facility through the Planning and Zoning Board. 2. Life cycle costing of different alternatives. 3. Program for future expansion. 4. Evaluate solar heating. 5. Provide a fire protection system. ' 6. Provide a security system. 7. Provide an energy management system. 8. Design, specify and coordinate the selection of all new office equipment, new office furnishings, new capital tools and equip- ment and a new bus fueling station. 9. Performance specifications for a communication center including two-way radios, a new base station, a new tower and an antenna. 10. Purchase and install a new bus washer/cleaner equipment. 11. Provide civil engineering design and construction services for site improvements for the four acre site including associated earth work, streets and parking lot, storm sewers, curb and gutter, sidewalks, site lighting, landscaping, and a security fence. Part 3 will be to Develop a Vehicle Preventive Maintenance and Quality Controlobjective-being Program with the to develop a master maintenance program which will address vehicle requirements of the coordinated Trans- fortIand Care -A -Van transit systems. This will be sub -contracted to a specialty firm, Fleet Maintenance. -246- May 18, 1982 Part 4 is to develop a Facilities Maintenance Program including a building inventory of all HVAC equipment, and all architectural items such as doors, hardwares, paints, carpets, etc. This program will be handled by RMH, sub -contracted by ZVFK. The engineering/architectural design services agreement will be separated into two contracts - the first is for site improvements, as the funding for this portion of the work will be financed by the City of Fort Collins, and will not include any proportionate share of federal money; the second will be the engineering/architectural design services for the New Transfort Facility, the Vehicle Preventative Maintenance and Quality Control Program and the Facilities Maintenance Program. The funding for this portion of the work includes 80% federal money and 20% City money." Special Projects Coordinator Jack Gianola, summarized the consultant selection process and explained in detail the reasons for the selection of ZVFK as the firm to provide these engineering services. Councilmember Horak asked what the final offers to the City were by the four firms interviewed. Jack Gianola replied that negotiations were only held with the firm that ' was rated No. 1, ZVFK. Councilmember Horak asked if, when the sources were so close, other bids were not obtained or negotiations held with the other top rated firms. Jack Gianola stated that was not done although all firms were asked to submit a "ballpark" estimate with their proposals. Councilmember Horak asked if credentials for job performance of the four finalist firms in the selection process had been checked and also if the reputations of the subcontractors involved had been checked. Jack Gianola replied that their past performances had been evaluated and ZVFK had received good reports but the subcontractor had not been checked in the detail ZVFK had been investigated. He added that through Fleet Maintenance and the RMH Group, ZVFK would have the expertise to design the bus facility. He stated the ultimate responsibility for the facility would be with ZVFK who would resolve problems between themselves and their consultants. Councilmembers expressed concerns with the consultant selection procedure. It was decided to schedule the process for a future work session for re-examination or possible changes. Councilmember Reeves made a motion, seconded by Councilmember Elliott, to approve the two agreements with ZVFK. Yeas: Councilmembers Cassell, -247- May 18, 1982 Clarke, Elliott, Knezovich, Reeves and Wilmarth. Nays: Horak. THE MOTION CARRIED. Resolutions Authorizing Eminent Domain Proceedings for Street Improvement District #76, Adopted Following is the staff's memorandum on this item: "A. Resolution Authorizing the Acquisition by Eminent Domain Proceedings of Certain Property owned by G & D Investment Co. B. Resolution Authorizing the Acquisition by Eminent Domain Proceedings of Certain Property owned by Willis Rase. C. Resolution Authorizing the Acquisition by Eminent Domain Proceedings of Certain Property owned by Wells, Wilmarth, and Dayton. This project was originally designed to widen and reconstruct Horsetooth ' Road from College Avenue to Shields Street at arterial street standards. However, due to current economic conditions, the western section was deleted from the project when meetings with developers disclosed that money for residential development was non-existent. Based upon this information, a revised scope of work placed the western limit of the project at the C & S Railroad on the north and the New Mercer Ditch on the south. This reduced scope of work required right-of-way acquisition from seven parcels. Appraisals were ordered during the fourth quarter of 1981 and four parcels have been successfully obtained at the appraised value. This leaves problems with the three remaining parcels: Parcel # 6 - G & D Investment Co. Parcel # 7 - Rase Parcel #12 - Wells, Wilmarth and Dayton Negotiations are continuing with representatives for parcels 7 and 12, and there is still hope for resolving the issues; however, an impasse exists on Parcel 6. A status recap for each parcel follows: -248- 1 ' City Owner May 18, 1982 Appraised Appraised Owner Parcel Value Value Counter # 6 $23,660 $63,000 $ 91,462 (Lessor) $126,600 (Lessee) # 7 $23,000 Pending Pending #12 $39,000 Pending Pending The City staff, including our Legal Department, and our independent fee appraisers have reviewed the data available including that submitted by the property owners and feel that the City's appraised value positions are fair and reasonable. Failure to initiate Eminent Domain proceedings now could postpone comple- tion of the street construction until spring of 1983. If we proceed with immediate possession, construction of the entire project should be com- pleted in October. OPTIONS I. Proceed with Eminent Domain action for acquisition of the three remaining right-of-way parcels on Horsetooth Road. ' Pros: a) The City will obtain access to the subject properties in 45 to 60 days. b) Construction delays will be avoided. c) Negotiations can continue up until the court hears the condem- nation case. Cons: a) Court awards will not be determined for several months (probably late in 1983) b) Court awards may be higher than negotiated settlements. 2. Continue negotiations to settle acquisition of needed properties without Eminent Domain. Pros: a) This option avoids potential high legal costs. b) Negotiated settlements may be lower than court awards. Cons: a) The City will lose substantial interest on the construction money caused by an indefinite delay in construction (10% of $1,000,000). I -249- 'b) Negotiated settlements may be higher than court awards. May 18, 1982 c) Eminent Domain may still be needed to acquire some or all of the needed property. Staff recommends adoption of these three Resolutions." Councilmember Wilmarth did not vote or participate in the discussion of these three resolutions. City Manager Arnold noted there was a verbal agreement with the owner of the property in Resolution "B" but recommended all three resolutions be adopted with no action being taken on "B" if final agreement is reached. Councilmember Elliott made a motion, seconded by Councilmember Reeves, to adopt the Resolution "A". Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, and Reeves. Nays: None. (Councilmember Wilmarth withdrawn). THE MOTION CARRIED. Councilmember Knezovich asked if there was a critical time factor involved with the Rase Resolution noting he would prefer not to initiate eminent domain proceedings if not necessary. ' City Attorney Huisjen noted possession had to be obtained in July so in terms of litigation there was a critical time factor. Councilmember Elliott made a motion, seconded by Councilmember Clarke, to adopt the Resolution "B". Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, and Reeves. Nays: Councilmember Knezovich. (Councilmember Wil- marth withdrawn). THE MOTION CARRIED. Councilmember Horak made a motion, seconded by Councilmember Clarke, to adopt the Resolution "C". Yeas: Councilmembers Cassell, Clarke, Elliott, Horak and Reeves. Nays: None. (Councilmember Wilmarth withdrawn). THE MOTION CARRIED. Mayor Cassell noted City Attorney Huisjen had indicated the need for special counsel to represent the City in these proceedings in that it was inappropriate for the City Attorney to both represent the Council and its individual members. Councilmember Clarke made a motion, seconded by Councilmember Reeves, to authorize the City Attorney to retain outside counsel with regard to Item , -250- IMay 18, 1982 "C". Yeas: Councilmembers Cassell, Clarke, Elliott, Horak and Reeves. Nays: None. (Councilmember Wilmarth withdrawn). THE MOTION CARRIED. Resolution Supporting the Beverage Container Re -Use and Recycling Initiative on the November State Election Ballot, Adopted Following is the staff's memorandum on this item: "Recently, Pam Turner of Coloradoans For Recycling presented information to Councilmembers on the subject of beverage containers re -use and recycling initiative. In response to this presentation, Council directed staff to prepare a Resolution supporting this issue. Opponents of the "Bottle Bill" (as it is commonly known) have been notified and will be given an oppor- tunity to discuss the issue prior to Council's consideration of the Resolu- tion." ' The following persons spoke on this issue: 1. Bill MacNamara, President of Columbine Beverage Co., Denver, and Chairman of Colorado Resource Recovery Committee who urged Council to withhold its endorsement of the Resolution. He felt voluntary recycl- ing was adequate. 2. Barbara Krebe, 3630 W. County Road 50, representative of the League of Women Voters, supported the adoption of the Resolution. 3. Edmund Levering, 1736 B Heritage Circle #131, Conservative Committee Chairman for the Fort Collins Audubon Society, urged support of the issue. 4. Karl Culig, member of the Energy Futures Council, spoke in favor of adoption of the Resolution. 5. Denny Farnsworth, 1424 Lakeshore Drive, former Marshall Distributing employee, who spoke about additional distribution costs and problems if the statewide initiative were passed and opposed adoption of the Resolution. 6. Pam Turner, Coloradoans for Recycling, 524 LaPorte, who expressed support for the Resolution and introduced representatives of several groups who also supported the issue. -251- May 18, 1982 ' 7. Jerry Granberg, 3120 Stanford, owner of Youngs Liquor, spoke of the impact of legislation would have on retailers and opposed the Resolu- tion. 8. Rosalind Lagerstrom, 2,719 Highway 287 North, who supported the issue. 9. Bruce Lockhart, 615 Mathews, spoke in opposition to the issue. Councilmember Wilmarth stated he did not feel that, as a representative of the City of Fort Collins, it was his obligation to tell the rest of the voters who they should think on this particular issue. He noted that while he personally supported the issue, he would not vote "no" as he did not feel this was subject matter of concern to the Fort Collins City Council. Mayor Cassell concurred with Councilmember Wilmarth noting he felt Council should respond as individuals to this measure as it was not a matter for Council to determine. Councilmember Horak disagreed stating he felt passage of the Resolution was in order and was of local concern. Councilmember Elliott supported passage of the Resolution in order to help the initiative to be placed on the November ballot so the voter can decide whether to support the issue or not. ' Councilmember Clarke stated he felt it was valuable for Councilmembers to make their views known on particular issues as it exhibits leadership. He noted he would support the issue. Councilmember Reeves added that it makes sense at a local level to take some action in support of the measure in that locally the City does have to clean up its parks and streets. Councilmember Horak made a motion, seconded by Councilmember Reeves, to adopt the Resolution. Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, and Reeves. Nays: Councilmembers Cassell and Wilmarth. THE MOTION CARRIED. Out -of -City Water Tap for Property Known as the Native American Vocational and Traininq Institute, Authorized Following is the staff's memorandum on this item: "Discussion This proposal consists of reconstruction and remodeling of existing facil- , -252- I� May 18, 1982 ities and the erection of two metal buildings on existing slabs that once before had metal structures on them. The City of Fort Collins Water Board, at their regular meeting on March 10, 1982, reviewed and recommended approval of a new water tap on the City's 24-inch concrete transmission line. The tap would provide water to an existing pump station which delivers water to the missle site through an existing 2-inch water line. The Water Board's recommendation is based upon the following conditions: 1. That they would be subject to all other ordinances and charges of the City of Fort Collins; 2. That the line would be used for no other purpose but the serving of water to the Institute; 3. That, at the discretion of the City, service could be cut off either because there is not potable water in that line in the future, or because this particular tap interferes with pressures and other ele- ments of the distribution of water with the City; and 4. That the tap must be installed at a different location as selected by the Water Utilities Department and constructed with a check valve to prevent the backflow of water. Staff Recommendation This project is of considerable community benefit. Staff sees no land use problems and recommends approval of the project. This item does not appear on the Consent Agenda because of possible neighborhood opposition. Planning and Zoning Board Recommendation The Planning and Zoning Board at their regular meeting on April 26, 1982 voted 7-0 to approved the request for Out -of -City water service for the Native American Vocational and Training Institute." City Manager Arnold noted Planning and Zoning Board had been given the final authority on all land use decisions except annexations, zoning and rezonings. Out of city water taps were not addressed so the old procedures were followed with this request. He noted Council might want to give staff some direction on future items of this type. R.A. Schmidt, representing 17 of his neighbors along County Road 29C, conveyed their concerns about being forced to tie onto City water if this . tap was granted and the duplication of schools since Larimer County Voc- Tech was already in operation. -253- May 18, 1982 ' City Engineer Tom Hays noted it was the Water Board's position that this was site specific for the school and was not intended to serve other development along the line. Councilmember Reeves asked if granting this tap would set any kind of precedent for future requests. City Engineer Tom Hays replied that a number of taps had been made on that transmission line coming down from the canyon. He added it was now the Water Board's and the Water Utility's position that they would prefer not to make additional taps off the transmission line because there are some- times problems in providing continuous adequate service off a direct transmission line. Each additional request would be considered on a case by case basis. Councilmember Clarke questioned why the Water Board waived the normal raw water or in lieu of raw water requirements. City Engineer Tom Hays noted with a 2" line the school would not be able to irrigate a site as large as 18 acres and that may have been one of the Water Board's considerations in waiving the requirements. Judy Bergman, County Road 29C, noted that by the City granting the water tap, the school's biggest obstacle had been removed as to obtaining rezon- ing from County Planning. Kathy Hill, County Road 29C, noted within 4-5 years the school was project- ing an enrollment of 200 which would have quite an impact on water. Councilmember Horak made a motion, seconded by Councilmember Wilmarth, to authorize the out of city water tap for the Native American Vocational and Training Institute. Yeas: Councilmembers Cassell, Clarke, Reeves and Wilmarth. Nays: Councilmembers Elliott, Horak and Knezovich. THE MOTION CARRIED. Ordinances Relating to Campaign Contributions and Disclosure Provisions, Adopted Following is the staff's memorandum on this item: A. Second Reading of Ordinance No. 62, 1982, Adopting Disclosure Provi- sions for the City of Fort Collins. B. Hearing and First Reading of Ordinance No. 73, Repealing a Code Section as it Relates to Campaign Contributions. C. Hearing and First Reading of Ordinance No. 74, Reenacting a Code I Provision Relating to Campaign Contributions. -254- ' May 18, 1982 Ordinance No. 62, 1982, was adopted by a 6-1 vote on May 4 and sets out reporting and disclosure requirements for campaign contributions. The ordinance was amended on April 4 to require that in addition to the re- quirements of the Campaign Reform Act, each candidate and campaign treas- urer shall file a campaign report before 9:00 a.m. on the Thursday prior to the date of the election. For clarification, additional amendments to Sections 2 & 3 have been made by the City Attorney since the ordinance was adopted on First Reading. Section 2 has been amended to more clearly state the intent that campaign reports be filed for ballot issues as well as candidates. An additional sentence has been added to Section 3 to require all campaign reports (including those to be filed 11 days prior to and 30 days after the election) to be filed by 9:00 a.m. on the date due. This amendment is necessary to enable the City Clerk to meet publication deadlines. Ordinances Nos. 73 and 74, 1982 were briefly discussed at the May 11 work session and staff was directed to present them for Council con- sideration at this meeting. Ordinance No. 73, 1982, repeals Chapter 9, Article VI, Section 15 of the Code which establishes a $100 limit on contributions to any initiative, referendum or candidate. The ordinance as it pertains to initiatives or referenda, is unconstitutional. Ordinance No. 74, 1982 readopts the constitutional portion of the ordinance and ' sets a $100 limitation on contributions to a candidate's campaign as required by Article XVII 59 of the City Charter." Councilmember Horak made a motion, seconded by Councilmember Knezovich, to adopt Ordinance No. 62, 1982 on Second Reading. Yeas: Councilmembers Clarke, Horak, Knezovich, Reeves and Wilmarth. Nays: Councilmembers Cassell and Elliott. THE MOTION CARRIED. Councilmember Knezovich made a motion, seconded by Councilmember Wilmarth, to adopt Ordinance No. 73, 1982 on First Reading. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, Reeves and Wilmarth. Nays: None. THE MOTION CARRIED. Councilmember Reeves made a motion, seconded by Councilmember Horak, to adopt Ordinance No. 74, 1982 on First Reading. Councilmember Clarke made a motion, seconded by Councilmember Wilmarth, to insert 1500" in place of "$100" in the ordinance. Councilmember Knezovich spoke in opposition to the amendment noting he felt 1 -255- May 18, 1982 , no person who really wanted to get elected would accept a $500 contribu- tion. The vote on Councilmember Clarke's amendment was as follows: Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, and Wilmarth. Nays: Councilmembers Knezovich and Reeves. THE MOTION CARRIED. The vote on Councilmember Reeve's original motion to adopt Ordinance No. 74, 1982 as amended was as follows: Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Reeves and Wilmarth. Nays: Councilmember Knezovich. THE MOTION CARRIED. City Attorney's Report City Attorney Huisjen asked if Council wished to act on the question of the appeal of Judge Sullivan's ruling on the Whalen liquor license case. He recommended Council not pursue this matter and allow the Retail Liquor Store License to be issued. Councilmember Reeves made a motion, seconded by Councilmember Knezovich, to ' follow the recommendation of the City Attorney. Yeas: Councilmembers Cassell, Elliott, Horak, Knezovich, Reeves and Wilmarth. Nays: Council - member Clarke. THE MOTION CARRIED. City Manager's Report City Manager Arnold stated there was a memo from Colorado Municipal League asking the City to inform them if we will participate in a consumer's leverage against the proposed Mountain Bell rate increase. The City's share would be approximately $3,200. Councilmember Elliott made a motion, seconded by Councilmember Knezovich, to contribute $3,200 to the CML effort against the proposed Mountain Bell rate increase. Yeas: Councilmembers Knezovich and Reeves. Nays: Coun- cilmembers Cassell, Clarke, Elliott, Horak and Wilmarth. THE MOTION FAILED. Other Business Mayor Cassell noted the employee service award presentations would be on ' -256- May 18, 1982 May 28th. He noted he and Assistant Mayor Knezovich would be unavailable and asked for a Councilmember to represent them. Councilmember Horak will attend the ceremony and make the presentations. Councilmember Horak made a motion, seconded by Councilmember Reeves, to appoint Ken Waido and Bob Lee to the Metropolitan Planning Organization technical advisory board. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, Reeves and Wilmarth. Nays: None. THE MOTION CARRIED. Councilmember Knezovich asked that the issue of a higher franchise fee for cable TV be studied and a report brought to a work session. Adjournment Councilmember Horak made a motion, seconded by Councilmember Knezovich, to adjourn the meeting. Yeas: Councilmembers Cassell, Clarke, Elliott, ' Horak, Knezovich, Reeves and Wilmarth. Nays: None. THE MOTION CARRIED. The meeting was adjourned at 11:15 p.m. Assistant�4 0 ATTEST: Ci y Clerk -257-