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HomeMy WebLinkAboutMINUTES-06/01/1982-RegularIJune 1, 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, June 1, 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 Staff Members Present: Arnold, Krajicek, Huisjen, Lewis, Davis, Wood, Harmon, Meitl, Hays, Mills, Rupel, Waido, R. Lee, Krempel, and M. Smith. Agenda Review: City Manager City Manager Arnold asked that as its first item of business Council consider adopting a Resolution not on the Agenda, designating Mayor Cassell as the voting representative of the municipal corporation for the June 1st Downtown Development Authority bond election. City Manager -Arnold pointed out the addition of a new agenda section for Pulled Consent Items near the end of the Agenda for the discussion of items pulled from the Consent Calendar. City Manager Arnold stated that an Executive Session had been scheduled for legal matters at this meeting. City Manager Arnold stated that the petitioner had requested that Items #23 and #24, Ordinances Annexing and Zoning Harbor Walk 2nd Annexation, be tabled on Second Reading to June 15, 1982. City Manager Arnold requested that Item #21, Resolution Authorizing the Sale of Units 4 and 6, Corner Church Condominiums, be pulled from the Consent Calendar an tab ed to June 15, 1982 because of new information that had been received. Mayor Cassell summarized the new procedure on Pulled Consent Items and emphasized that if there was anyone present in the audience to specifically ' discuss any item pulled from the Consent Calendar, that item would be considered immediately following the adoption of the remainder of the Consent Calendar. -258- 1 June 1, 1982 Mayor Cassell also stated that new procedures would be followed in Council discussion to expedite the proceedings. A motion should be made before discussion of the item, and discussion will be confined to the motion. Resolution Adopted Designating Mayor Cassell as the City's Voting Representative at the June 1, 1982 Downtown Development Authority Bond Election Mayor Cassell requested that Council consider, as its first item of busi- ness, a proposed Resolution to allow the City, as a municipal corporation owning property within the Downtown Development Authority District, to cast a ballot at the June 1st bond election. The Resolution designates Mayor Cassell to cast the City's ballot. City Clerk Wanda Krajicek read the Resolution at length. Councilmember Knezovich made a motion, seconded by Councilmember Reeves to adopt the Resolution. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, Reeves and Wilmarth. Nays: None. THE MOTION CARRIED. 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 # 34, Pulled Consent Items. However, if anyone in the audience is present for the discussion on an item pulled from the Consent Calendar, that item will be discussed immediately following the Consent Calendar. Consider Approving the Minutes of the regular meeting of May 18, 19Q2. 10. Second Reading of Ordinance No. 65, 1982, Amending Section 84-1 of the Code Concerning Loitering in Center Parking 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. -259- June 1, 1982 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, which was unanimously adopted on First Reading on May 18, would amend Section 84-1 of the Code to include the repealed provision on the use of center parking areas. 11. Second Reading of Ordinance No. 66, 1982, Appropriating Unanticipated Revenue in the S.A.V.E. Grant Fund. 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, which was unanimously adopted on First Reading on May 18, appropriates the grant monies of $8,500 in the S.A.V.E. Grant Fund for this project. 12. Second Reading of Ordinance No. 67, 1982, Appropriating Unanticipated Revenue in the Performinq Arts Fund. This Ordinance, which was unanimously adopted on First Reading on May 18, appropriates $10,064 in 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 addi- tional revenue allows the Fund a contingency to cover other unantici- pated program opportunities which may occur later in the year. 13. Second Reading of Ordinance No. 71, 1982, Repealing a Section of the roc This Ordinance was unanimously adopted on First Reading on May 18. 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 provi- sion. I 14. Second Readings of Ordinances Relating to Campaign Contributions and Disclosure Provisions. -260- iJ June 1, 1982 A. Second Reading of Ordinance No. 73, 1982, Repealing a Code Section as it Relates to Campaign Contributions. B. Second Reading of Ordinance No. 74, 1982, Reenacting a Code Provision Relating to Campaign Contributions. Ordinance Nos. 73 and 74, 1982 were adopted on First Reading on May 18. 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. Ordinance No. 74, 1982 readopts the constitutional portion of the ordinance and sets a $500 limitation on contributions to a candidate's campaign as required by Article XVII §9 of the City Charter. 15. Hearing and First Reading of Ordinance No. 75, 1982, Vacating Ease- ments in the Rockwillow PUD. The applicant is requesting that all easements in the Rockwillow PUD ' be vacated. Administrative changes on the site plan as approved by the Planning Division required changes in the easements. The City Engineering Division has requested that the developer file an amended plat with corrected easements. They have submitted the corrected plat, which has been approved and recorded, dedicating all necessary easements. 16. Hearing and First Reading of Ordinance No. 77, 1982, Appropriating Funds in the Revenue Sharing Fund to be Transferred to the Capital Projects Fund for the Purchase of an Emeroencv Power Generator. This Ordinance appropriates $30,000 in the Revenue Sharing Fund for transfer to the Capital Projects Fund for the purchase and installa- tion of an emergency power generator for the Combined Communications Center. The installation of an emergency power generator as a back-up power source for the Combined Communications Center would help ensure uninterrupted emergency communications to meet the Center's obliga- tions and responsibilities. The anticipated cost for this project is $30,000. 17. Hearing and First Reading of Ordinance No. 78, 1982, Authorizing Transfers Between Capital Projects. , This Ordinance transfers funds between various capital projects. -261- June 1, 1982 Frequently this is done to cover minor changes that were not foreseen in the original scope of the project or to more accurately reflect the actual costs of a project. Various unspecified contingencies have been established to cover some of these extra expenses. Other trans- fers are from surplus funds in projects or from projects which have been delayed or canceled. The amendment to the City Charter in April, 1981, dealing with capital projects requires that these transfers be brought to the City Council for approval by passage of an appro- priation ordinance. 18. Hearing and First Reading of Ordinance No. 79, 1982, Appropriati Unanticipated Revenue in the F.A.U.S. Grant Fund. The City of Fort Collins received federal and state approval in 1981 to use 1982-1983 Federal Aid Urban Systems (F.A.U.S.) monies totalling $476,391 for the expansion of the computerized signal system. These grant funds were to be used for engineering, material procurement, and installation of the system expansion. The City of Fort Collins has since received notification of an additional $140,000 available in ' F.A.U.S. funds which will be used to interconnect an additional ten intersections to the system. To date we have appropriated $416,391 of the total available grant funds. This Ordinance appropriates the available balance. 19. Resolution Relating to the Purchase of Traffic Controllers for Com On December 15, 1981 Council authorized a sole source purchase of Multisonic controllers worth $249,310. Currently pending is a pur- chase totalling $74,970 which will be paid for by Federal Aid to Urban Systems Grant. Council approval is being requested because this is an exception to the bidding procedures and is over $20,000. Addition- ally, we request permission to continue buying these controllers for a period of two years when funds are budgeted for this purpose. 20. Resolution Approving a Cash Management/Investment Program and Author- izing the Director of Finance to Administer the Program. The City of Fort Collins has had an investment program for several years and while this program has been successful, it can be more ' successful by defining and documenting objectives, policies and procedures. Staff has, therefore, developed a Cash Management/Invest- ment Program with the various components of the program defined. The -262- 1 June 1, 1982 implementation of this program will require passage of the attached resolution authorizing and empowering the Director of Finance to administer the program, including the purchasing and selling of investments. 21. Resolutions Authorizing the Sale of Units 4 and 6, Corner Church Condominiums. On April 20, 1982, the Council authorized the sale of Unit 1 of the Corner Church Condominiums at a purchase price of $50,000. Purchasers have now been found for Units 4 and 6, which are both two -bedroom, above ground units at a purchase price of $48,000 and an agreement for the sale and purchase of real estate has been exe- cuted between the purchasers and the City contingent upon Council approval of said sale. The City has attempted to develop a financing package which will encourage the purchase of these units by low income families who intend to reside on the premises. 22. Routine Deeds and Easements. a) Power line easement from The Shores Office Park, located at 375 East Horsetooth, needed to provide electric service to The Shores Office Park P.U.D. Consideration: $1. b) Warranty Deed for Easement from Willis and Rae Rase for Street Improvement District No. 76 on Horsetooth Road. Council adopted a Resolution authorizing Eminent Domain proceedings on this parcel at the May 18th meeting, pending the successful completion of an executed agreement. Now that the agreement has been finalized, the Eminent Domain proceedings will be terminated. The amount of the negotiated settlement is $26,000, which is $3,000 higher than the City's appraisal of $23,000. Staff is recommending acceptance of this offer. The budget status of the project is detailed under item (c) in this memo. c) Warranty Deed from Alfred and Shirley M. DeSautels, needed for Horsetooth Road Street Improvement District No. 76. Acquiring this property will permit the construction of a sidewalk access ramp at the northeast corner of McClelland Drive and Horsetooth. The revised scope of work for this project includes the seven parcels origin- ally identified for right-of-way acquisition, as well as this addi- tional eighth parcel. Four parcels have already been obtained, and three have been approved for Eminent Domain proceedings, and of those ' the Rase parcel has been successfully negotiated. The total land acquisition budget for the project is $149,400. The consideration for -263- June 1, 1982 this eighth parcel is $750. With payment for the two parcels on this agenda, $56,451 has now been spent. Therefore, the remaining balance for this purpose is $92,949. d) Right-of-way for Sanitary Sewer line from Francis and Lydia Collopy needed for sewer service to the Mail Creek P.U.D., located west of the New Mercer Canal and east of Lark Bunting Drive. This right-of-way is being granted as a requirement of the Mail Creek P.U.D. Development Agreement. Consideration: $1. Ordinances on Second Reading were read by title by Wanda Kraj icek, City Clerk. Item #10. Second Reading of Ordinance No. 65, 1982, Amending Section 84-1 of the Code Concerning Loitering in Center Parking Areas. Item #11. Second Reading of Ordinance No. 66, 1982, Appropriating Un- anticipated Revenue in the S.A.V.E. Grant Fund. Item #12. Second Reading of Ordinance No. 67, 1982, Appropriating Un- anticipated Revenue in the Performinq Arts Fund. Item #13. Second Reading of Ordinance No. 71, 1982, Repealing a Section of the Code as it Relates to the Liquor Licensing Authority Appeal Procedure. Item #14. Second Readings of Ordinances Relating to Campaign Contributions and Disclosure Provisions. A. Second Reading of Ordinance No. 73, 1982, Repealing a Code Section as it Relates to Campaign Contributions. B. Second Reading of Ordinance No. 74, 1982, Reenacting a Code Provision Relating to Campaign Contributions. Ordinances on First Reading were read by title by Wanda Krajicek, City Clerk. Item #15. Hearing and First Reading of Ordinance No. 75, 1982, Vacating Easements in the Rockwillow PUD. Item #16. Hearing and First Reading of Ordinance No. 77, 1982, Appro- priating Funds in the Revenue Sharing Fund to be Transferred to the Capital Projects Fund for the Purchase of an Emergency Power Generator. -264- June 1, 1982 Item #17. Hearing and First Reading of Ordinance No. 78, 1982, Authorizing Transfers Between Capital Projects. Item #18. Hearing and First Reading of Ordinance No. 79, 1982, Appro- priatinq Unanticipated Revenue in the F.A.U.S. Grant Fund. Councilmember Reeves made a motion, seconded by Councilmember Clarke, to adopt and approve all items not removed from the Consent Calendar. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, Reeves, and Wilmarth. Nays: None. THE MOTION CARRIED. Resolutions Authorizing the Sale of Units 4 and 6, Corner Church Condominiums, Tabled to June 15. 1982 Following is the staff's memorandum on this item: "On March 9, 1982, the Council approved a course of action whereby the City ' would acquire the interest of Home Federal Savings and Loan Association of the Rockies in the Corner Church Condominiums which were constructed by Stanley L. Klemetson through funding in part made available through the Grants Administration Office of the City. This approved course of action further involved the retirement of the Home Federal Construction Loan as well as an additional loan made by the Grants Administration Office to complete the construction of the condominiums. Upon retirement of these loans, the City received a Warranty Deed from Stanley L. Klemetson con- veying the three remaining unsold condominium units to the City in fee simple. This course of action has been followed and the condominiums are presently held in the name of the City of Fort Collins. The Grants Administration Office has been embarking upon a campaign to market the remaining two condominium units at a price which will compensate the City for all funds which the City has invested in these units. An advertisement was placed in the Coloradoan for one week. Advertising has also been by word of mouth and through reTtors. On April 20, 1982, the Council authorized the sale of Unit 1 of the Corner Church Condominiums at a purchase price of $50,000. Purchasers have now been found for Units 4 and 6, which are both two - bedroom, above ground units at a purchase price of $48,000 and an agreement ' for the sale and purchase of real estate has been executed between the purchasers and the City contingent upon Council approval of said sale. As -265- June 1, 1982 was discussed with the Council in work sessions and at an executive ses- sion, the City has attempted to develop a financing package which will encourage the purchase of these units by low income families who intend to reside on the premises. Accordingly, the City is offering a financing package involving down payments of 5%, with the balance to be financed over a period of thirty years at the rate of 5% per annum. This package further requires that the units be owner -occupied and that the Deeds of Trust securing the loans contain "due on sale" clauses. At the above stated purchase price, and with the described financing package, Debra J. Hansen and Gary M. Elgenson have agreed to purchase Unit 4 and Christine Staruch has agreed to purchase Unit 6 of the Corner Church Condominiums and the staff would recommend approval of these purchases. The recommended financing package of 5% down and 5% interest has substan- tially increased the marketability of these condominium units and has allowed them to be sold quickly at a price that will amply recover the City's investment." Councilmember Knezovich made a motion, seconded by Councilmember Wilmarth, to table the Resolutions to June 15, 1982. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, Reeves, and Wilmarth. Nays: None. THE MOTION CARRIED. Second Reading Ordinances Annexing and Zoning Property Known as Harbor Walk Two, Tabled to June 15. 1982 Mayor Cassell stated that the petitioner had requested that action on the Harbor Walk Two Annexation be tabled to June 15, 1982. Councilmember Knezovich made a motion, seconded by Councilmember Elliott, to table Ordinance No. 69, 1982 and Ordinance No. 70, 1982 on Second Reading to June 15, 1982. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, Reeves, and Wilmarth. Nays: None. THE MOTION CARRIED. Resolution Adopted Authorizing City Staff to Proceed with the Issuance of Sales and Use Tax Revenue Bonds, and Ordinance Adopted on First Reading Establishing and Appropriating a Line of Credit not to Exceed $900,000 for Street Rehabilitation Following is the staff's memorandum on this item: -266- June 1, 1982 "The two parts of this Agenda Item are interrelated in terms of budgeted 1982 Street Rehabilitation. The resolution authorizes proceeding with the issuance of Sales and Use Tax Revenue Bonds for both street and Airport purposes to provide a large enough issue to attract large purchasers of municipal bonds and gain the most favorable interest rate for the City. The 1981 Bond Anticipation Notes of $2,000,000 issued on behalf of the Airport mature on October 1, 1982. The Notes were issued to provide interim financing, pending a change in market conditions which would permit the issuance of Sales and Use Tax Revenue Bonds. The Notes' interest rate is 11-1/4%. The Notes cannot be rolled -over without issuing new Notes. The 1981 Notes are to be retired with either Bond proceeds or Sales and Use Tax revenue. The City will not have suffi- cient Sales and Use Tax revenue to retire the Notes and fund existing needs from the Sales and Use Tax Fund. The $900,000 for Street Rehabilitation was included in the 1982 Budget to be funded from Sales and Use Tax Revenue Bonds. The Street Rehabilitation portion will be on a five year amortization and the Airport portion will be amortized over twenty years. The , $2,900,000 is the net proceeds the City will receive. The actual bond issue will be larger because of bond issuance expenses and any funded debt reserves that are required to gain the most favorable interest rate for the City. Staff needs to proceed with this issue to insure a closing prior to the October 1, 1982, maturity date of the Bond Anticipation Notes. The Line of Credit authorization is to provide monies so contracts can be signed and needed street rehabilitation work begun prior to closing on the Sales and Use Tax Revenue Bonds discussed in "A " The Line of Credit will be retired when bond proceeds are received. The interest rate on the Line of Credit will be 70% of First Interstate Bank of Fort Collins', N.A. Prime, adjusted as changes occur. A commitment letter is included as support for this Ordinance." City Manager Arnold stated that this item follows through with Council direction on street rehabilitation from three years ago. Councilmember Horak asked about the capital development program for the Airport. City Manager Arnold stated that the City has a commitment to finance the development program, including the buy out of the former Fixed Base Opera- tor and basic utilities. The City is legally committed to refinancing the $2,000,000 Bond Anticipation Notes issued last year. -267- June 1, 1982 Controller Jim Harmon stated the City must either pay off the bonds or refinance before October 1, 1982. Councilmember Wilmarth made a motion, seconded by Councilmember Reeves, to adopt the Resolution. Councilmember Knezovich stated that the Airport Ad Hoc Committee is con- cerned about financing and how funds will be spent at the Airport. Councilmember Horak asked about other planned capital improvements. Councilmember Knezovich commented briefly on the issue of federal funding. Councilmember Reeves reported on efforts to attract other groups to operate at the Airport and lease space. Mayor Cassell asked about the legality of repaying the loan from the bond proceeds and about the line of credit. ' The vote on the motion to adopt the Resolution was as follows: Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, Reeves, and Wilmarth. Nays: None. THE MOTION CARRIED. Councilmember Knezovich made a motion, seconded by Councilmember Elliott, to adopt Ordinance No. 80, 1982, on First Reading. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, Reeves, and Wilmarth. Nays: None. THE MOTION CARRIED. Ordinance Authorizing a Short-term Loan from the Sewer Fund and Appropriating These Funds in the Capital Projects Fund for the Sludge Disposal Project, Adopted on First Reading Following is the staff's memorandum on this item: "The total estimated project cost for the City of Fort Collins sludge management project is $9,900,000 (excluding land acquisition which was a ' direct cost to the Sewer Fund). Financing sources for the project are a federal grant, sewer bond proceeds, and Sewer Fund fee revenue, with the design and construction of the project phased over a 6-year period from -268- June 1, 1982 1977 to 1984. Appropriations for the projects have also been phased. In accordance with the Capital Project Management Control System, addition- al funds need to be appropriated as projects are ready to move to the next phase. Total project financing sources are as follows: Federal grant $5,691,709 Sewer bond proceeds 1,775,000 Sewer Fund revenue 2,433,291 TOTAL $9,900,000 To date, we have appropriated the following amount for the project: Federal grant $5,691,709 Sewer Fund revenue 2,433,291 TOTAL $8,125,000 At this time, we have received EPA approval of the proposed contract with ' Orville E. Madsen and Son, Inc., for construction of the Sludge Management Facilities and the project is ready to move to the construction phase. In order to proceed with the construction phase, the $1,775,000 in anticipated bond proceeds is needed to cover the total cost of the contract with Madsen and Son, Inc. Resolution No. 40, 1982 authorized City staff to make all necessary pre- paration relative to the issuance of Sewer Revenue Bonds totalling $1,810,000. We will be requesting that City Council authorize the issuance of the bonds during June. In order to proceed with the project and because the Charter requires that bond proceeds be "in hand" before they are appropriated, we need to identify a financing source for a loan to the Capital Projects Fund until the bond proceeds are received. Prior year reserves are available in the Sewer Fund for the necessary loan. These funds will be utilized only if needed for cash flow purposes. Once the bond proceeds are received, they will be deposited in the Capital Projects Fund to repay the Sewer Fund loan. The projects that would have been initiated with these funds are temporarily on hold until the loan can be repaid. The attached Ordinance authorizes a short-term loan from the Sewer Fund and appropriates this loan in the Capital Projects Fund for the Sludge Disposal Project. If these funds are not appropriated at this time, construction of the I project will be delayed." -269- June 1, 1982 City Manager Arnold reviewed the item and stated this is an appropriation to cover the cost of the contract before proceeding with the project. Councilmember Reeves made a motion, seconded by Councilmember Elliott, to adopt Ordinance No. 76, 1982 on First Reading. THE MOTION CARRIED. Councilmember Knezovich asked about projected interest rates at the time of the bond issue. Finance Director Ron Wood briefly discussed the short-term loan and bond issue and recommended that the City proceed with the project at this time. The City would be able to postpone the bond issue if interest rates were too high. Councilmember Wilmarth asked about the underlying assumptions concerning the overall cost of the project, estimated to be $9,900,000. ' City Manager Arnold stated that the Madsen contract is in the amount of about $7,800,000. The overall project also includes design estimates on quantities as anticipated. A 12% bond interest rate and a $500,000 con- tingency are also included in the total. Councilmember Wilmarth asked about receipt of federal funding. City Manager Arnold replied that the City would be reimbursed after the money is spent. Mayor Cassell asked about the legalities of the appropriation. Director of Finance Wood stated this is a mechanism to appropriate the sewer bond proceeds before received. The vote on the motion to adopt Ordinance No. 76, 1982 on First Reading was as follows: Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, Reeves, and Wilmarth. Nays: None. THE MOTION CARRIED. -270- June 1, 1982 Resolution Making Appointments to Various Boards and Commissions, Adopted 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. 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 Golf Board Housing Authority Human Relations Commission Library Board Liquor Licensing Authority Parks and Recreation Board Personnel Board Planning and Zoning Board Senior Citizens Board Storm Drainage Board Water Board Zoning Board of Appeals Appointments will be for either regular or alternate membership and for terms to expire as indicated in the Resolution." Mayor Cassell read the committee recommendations for appointments to the various Boards and Commissions. Councilmember Reeves made a motion, seconded by Councilmember Elliott, to adopt the Resolution, inserting the names recommended by Council commit- tees as follows: NAME OF BOARD: Building Board of Appeals Name Expiration of Term Richard Conard July 1, 1986 ' -271- June 1, 1982 NAME OF BOARD: Building Contractors Licensing Board Name Expiration of Term Ronald Baker July 1, 1986 NAME OF BOARD: Commission on Disability Name Expiration of Term Patricia Hickerson Crist July 1, 1986 Eldon Decker July 1, 1986 NAME OF BOARD: Cultural Resources Board Name Expiration of Term John Curfman July 1, 1986 Alyce Milton July 1, 1986 NAME OF BOARD: Golf Board Name Expiration of Term Bill Basow July 1, 1986 Eileen Banks July 1, 1986 Alternate: Richard Zubradt July 1, 1984 NAME OF BOARD: Housing Authority Name Expiration of Term Cass Rankin July 1, 1987 -272- [_l June 1, 1982 NAME OF BOARD: Human Relations Commission Name Expiration of Term Charla Batsell Weiss July 1, 1986 Paul Loopo July 1, 1986 Dennis Gatlin July 1, 1986 NAME OF BOARD: Library Board Name Expiration of Term Jerry L. Johnson July 1, 1986 NAME OF BOARD: Liquor Licensing Authority Name Expiration of Term ' Renee Oldham July 1, 1986 NAME OF BOARD: Parks and Recreation Board Name Expiration of Term Robert Aukerman July 1, 1986 Cathy Mulcahy July 1, 1986 NAME OF BOARD: Personnel Board Name Expiration of Term Randy Gorrell July 1, 1986 NAME OF BOARD: Planning and Zoning Board Name Expiration of Term Gary Ross July 1, 1986 ' -273- June 1, 1982 Planning and Zoning Board (continued) Alternate: Ingrid Simpson July 1, 1984 NAME OF BOARD: Senior Citizens Board Name Expiration of Term Norman Wynn July 1, 1986 Yetta Rollin July 1, 1986 NAME OF BOARD: Storm Drainage Board Name Expiration of Term Jan Kimzey July 1, 1986 Paul Huszar July 1, 1986 Alternate: Hal Cochrane July 1, 1983 NAME OF BOARD: Water Board Name Expiration of Term Ray Glabach July 1, 1986 Dave Stewart July 1, 1986 Alternate: Morton Bittinger July 1, 1984 Alternate: Tom Sanders July 1, 1984 -274- June 1, 1982 NAME OF BOARD: Zoning Board of Appeals Name Expiration of Term Steve Johnson July 1, 1986 Eva Lieser July 1, 1985 Alternate: Lloyd Walker July 1, 1984 Alternate: Bernie Murphy July 1, 1984 Councilmember Knezovich made a motion to appoint John Schofield as a regular Planning and Zoning Board member and Stephen Tool as an alternate, because he supports the concept of appointing persons who live within the City limits. The motion died for lack of a second. ' Councilmember Wilmarth supported expanding the membership of the Liquor Licensing Authority to include alternates, and asked the City Attorney to look at this issue. Councilmember Reeves asked for the Attorney's Report to include information on the size of Liquor Licensing Authorities in other cities. The vote on the original motion was as follows: Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, Reeves, and Wilmarth. Nays: None. THE MOTION CARRIED. City Attorney's Report City Attorney Huisjen reported that an Executive Session had been requested to discuss legal matters. City Manager's Report City Manager Arnold recognized Roger Krempel, Director of Public Works and I Water Utilities, who had received certification from the American Academy of Environmental Engineers. -275- June 1, 1982 City Manager Arnold stated that an update on South Lemay had been provided in Council's mail packet. One memo gives background on the right-of-way issue and another updates the project. Councilmember's Reports Councilmember Clarke reported on the APPA Conference in New Orleans and summarized ideas on rebate programs and energy savings presented at the Conference. Councilmember Knezovich commented on the importance of Council attending national meetings such as the APPA Conference. Councilmember Knezovich asked that staff respond to a recent citizen's letter to the editor concerning water pressure on the west side of town. City Manager Arnold stated that the Council recently approved a contract with M&I to resolve the foothills area water pressure problems, and staff ' would send a response to the letter. Councilmember Knezovich asked about the scheduling of Transplan's report on North Lemay and expressed concerns that the area residents be notified of the meeting. City Manager Arnold replied that this would be a June 8th Work Session item and efforts will be made to advise the neighborhood. Councilmember Wilmarth commented on the quality of the applicants for boards and commission, and encouraged those not appointed to reapply next time. He also thanked Rita Knoll of the City Manager's office for her assistance with the interviews and application process. Councilmember Horak reported on the MPO Transportation Committee meeting. Councilmember Horak suggested that Councilmembers be assigned as contact persons for the various boards and commissions throughout the year. Councilmember Horak complimented Mike Smith and Molly Nortier of the Water Utility Department on the quality of the publication "From Bucket to Basin: 100 Years of Water Service," prepared for the Water Utility's centennial. Councilmember Clarke commented on the concept of boards and commissions e accountability and supported Councilmember Horak's suggestion. Mayor Cassell reported on highlights of the APPA Conference. -276- June 1, 1982 Citizen Participation A. Proclamation Naming the Month of June as Parks and Recreation Month. The Proclamation was read and received by Mike ImMasche, Chairman of Parks and Recreation Advisory Board. B. Proclamation Designating Flag Day through Independence Day (June 14 - July 4 as a Period to Honor America. The Proclamation was read and the Mayor directed that the Proclamation be forwarded to the proper person. C. Statement of Support for Citizen Group Position on Rocky Ridge Reser- voirs. Tom Metier of the law firm of Fischer, Brown, Huddleson and Gunn, representing the Water Supply and Storage Company, discussed the 1 possibility of the City's leasing the Company's Rocky Ridge Reservoir. In the event of such lease, the Water Supply and Storage Company would expect: (1) a stringent lease contract with the City, including provisions for adequate supervision to protect all users of the facili- ty; (2) `the City to obtain sufficient liability insurance; and (3) a fair market consideration of water rights in such a transaction. Councilmember Horak asked what steps the Company would have to take if the reservoir would be closed to public use. Mr. Metier stated the Company would then discourage the public use of the reservoir because of the liability issue and problems that have occurred in the past. Councilmember Knezovich asked about fair market value of the water rights. Councilmember Reeves asked about vandalism problems in the recreational area. Mr. Metier stated there have been complaints of trash and tampering with the water flow into and out of the reservoir. Larry Moore, 133 Dartmouth Trail, representing a citizen's group ' studying the Rocky Ridge Recreational Area, discussed the recommenda- tion from the Parks and Recreation Advisory Board asking Council to -277- June 1, 1982 support the group's position on keeping the reservoir open to the public at least until December 31, 1983. The group is requesting a letter of support from the Council to include in the material the group will be presenting to the Colorado Division of Wildlife. He stated that efforts have been made to clean up the area and to minimize vandalism. The Colorado Division of Wildlife carries the insurance policy on the facility and currently pays $1,000 per year for the lease. Mayor Cassell asked Mr. Metier and Mr. Moore to give the City written statements on the issue for future consideration. Councilmember Reeves made a motion, seconded by Councilmember Horak, to support the Parks and Recreation Board recommendation and to direct staff to draft a statement to strongly encourage keeping Rocky Ridge Reservoir open to the public at least until December 31, 1983, as a multi -purpose recreational area, and to strongly support efforts to develop a County Management Plan for the area. Jan Shepherd, a Parks and Recreation Board member, supported the development of a County Management Plan for the area and supported : keeping the reservoir open long enough to allow a plan to be made. The vote on the motion was as follows: Yeas: Councilmembers Cassell, Clarke,"Elliott, Horak, Knezovich, Reeves, and Wilmarth. Nays: None. THE MOTION CARRIED. D. Rolland Griffith, 3133 Swallow Bend, expressed concern over the fluc- tuation in the "in -lieu -of water rights" requirements, and asked Council to return the fee to $2,200 per unit. Councilmember Reeves asked staff to arrange a meeting with Mr. Griffith and explain the City's policy. E. City Manager Arnold recognized the Planning staff and consultant Bob Komives for an "Outstanding Planning Award" received from the American Planning Association for the Land Development Guidance System. F. City Manager Arnold announced that the results of the Downtown Develop- ment Authority Bond Election had been received and the vote was 220 "yes" and 43 "no". -278- June 1, 1982 Public Hearing on Draft Air Quality Plan and Resolution Adopting Fort Collins Element of the Colorado State Implementation Plan, Adopted Following is the staff's memorandum on this item: "On May 18th, Council received the Draft Fort Collins Air Quality Plan, which sets out the recommendations of the Air Quality/Transportaton Techni- cal Advisory Committee of the Larimer-Weld Regional Council of Governments. At that meeting, Council set June 1st as the date for the public hearing on the plan. Representatives from staff and the Council of Governments will be at the public hearing to give a brief presentation on the proposed plan and to answer questions. As required by the Federal Clean Air Act of 1977, the Colorado State Implmentation Plan will be submitted to the Environmental Protection Agency no later than July 1, 1982. Fort Collins and other areas in the state are in violation of the air quality standards established in the Clean Air Act. The Draft Air Quality Plan makes recommendations on how this area will meet the standards by 1987. Council needs to receive public comments on the proposed plan and then consider the Resolution, which adopts the Fort Collins Element of the Colorado State Implementation Plan on air quality." Barbara Rutstein, President of the Fort Collins League of Women Voters, encouraged the City to implement the measures set out in the plan to reach the 1987 standards of the Clean Air Act. She commented on health costs associated with air pollution. Larry Pearson, Chief Air Quality Planner for the Larimer-Weld Regional Council of Government, spoke about the reasons for preparation of the air quality plan, and summarized the major points of the study. Sally Janett, Air Quality Planner with LWRCOG, gave a slide presentation depicting carbon monoxide levels at monitoring points in Fort Collins as documented or predicted for the years 1979-1987. She described and evalu- ated various measures that could be taken to reduce auto emissions in Fort Collins. Mr. Pearson recommended that the City continue and complete computerization of traffic signals and support the continuation of the federal auto emis- sion testing program. -279- June 1, 1982 Councilmember Clarke made a motion, seconded by Councilmember Reeves, to adopt the Resolution. Councilmember Clarke commented on his concerns about $50,000-$70,000 cost of the report in money and staff time, and expressed concern over federal controls and red tape in the program. Councilmember Wilmarth expressed concerns over the possible cost of compli- ance with the standards. Councilmember Horak spoke about the benefits of compliance and stated that the benefits would outweigh the costs. Councilmember Reeves reported that the National League of Cities is lobby- ing in support of the Clean Air Act and favors keeping standards high. She recommended supporting these lobbying efforts. Councilmember Knezovich asked for clarification on how transportation measures were dealt with in the study. ' The vote on the motion Councilmembers Cassell, to adopt the Resolution Clarke, was as follows: Yeas: Elliott, Horak, Knezovich, Reeves and Wilmarth. Nays: None. THE MOTION CARRIED. Executive Session Authorized Councilmember Knezovich made a motion, seconded by Councilmember Clarke, to adjourn the Executive Session to discuss legal matters. Yeas: Council - members Cassell, Clarke, Elliott, Horak, Knezovich and Reeves. Nays: Councilmember Wilmarth. THE MOTION CARRIED. Upon completion of the Executive Session, the meeting was reconvened. Other Business Councilmember Horak asked staff to review a school crossing guard study done in Denver. 1 June 1, 1982 Adjournment Councilmember Horak made a motion, seconded by Councilmember Elliott, to adjourn the meeting. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, Reeves and Wilmarth. Nays: None. The meeting adjourned at 9:10 p.m. Mayor ATTEST: City Clerk -281-