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HomeMy WebLinkAboutMINUTES-01/17/1984-RegularJanuary 17, 1984 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council -Manager Form of Government Regular Meeting - 5:30 p.m. A regular meeting of the Council of the City of Fort Collins was held on Tuesday, January 17, 1984, at 5:30 p.m. in the Council Chambers in the City of Fort Collins City Hall. Roll call was answered by the following Councilmembers: Clarke, Elliott, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Staff Members Present: Arnold, Huisjen, Lewis, Krajicek, Widmer Agenda Review: City Manager City Manager Arnold asked that Item #14, Hearing and First Reading of Ordinance No. 12, 1984, Amending the Raw Water Requirements as Contained in Chapter 112-66 of the Code of the City, and Item #18, Resolution Approving a Lease Agreement for the Police Annex Building at 228-230 LaPorte Avenue, be removed from the Consent Calendar for individual discussion. He also asked that Item #17, Resolution Approving a Construction Management Con- tract for the Linden Street Bridge, be withdrawn from the agenda for futher staff review. Councilmember Stoner requested Item #21, Motion to Approve an Amendment to the Form of Bond Purchase Contract on Old Town Fort Collins Project I's (OTAI) Industrial Development, be withdrawn from the Consent Calendar. Consent Calendar This Calendar is intended to allow the City Council to spend its time and energy on the important items on a lengthy agenda. Staff recommends approval of the Consent Calendar. Anyone may request an item on this calendar be "pulled" off the Consent Calendar and considered separately. Agenda items pulled from the Consent Calendar will be considered separately under Agenda Item #33, Pulled Consent Items, except items pulled by anyone in the audience or items that any member of the audience is present to discuss that were pulled by staff or Council. These items will be dis- cussed immediately following the Consent Calendar. 4. Consider Approving the Minutes of the Regular meetings of December 20 and J anuary -254- 5. Second Reading of 247.4 Acres -Co -cat West of County Roa ation. Ordinance No. 175, 1983 North of County Road-52 11. Known as the Country January 17, 1984 Annexing Approximately tic ar s Lake Road) an lub North Secon Annex - This Ordinance was adopted on First Reading by a 5-1 vote at the December 20th meeting. The applicant, M. R. Hoffman, is seeking to annex approximately 247.4 acres located north of County Road 52 (Richards Lake Road) and west of County Road 11. This annexation achieves its one -sixth contiguity requirement with the boundaries of the City of Fort Collins through the Country Club North First An- nexation. This annexation is a voluntary annexation in that 100% of the land- owners in the area are in agreement with the annexation. 6. Second Reading of Ordinance No. 176, 1983, Zoning the Country Club North Second Annexation. This Ordinance was approved by a 6-0 vote on First Reading at the December 20th meeting. The applicant, Max R. Hoffman, is seeking to zone approximately 247.4 acres located north of County Road 52 and west of County Road 11, R-L-P, Low Density Planned Residential. 7. Items Relating to the Lease/Purchase of Computers for the Library. A. Second Reading of Ordinance No. 1, 1984, Authorizing the City Manager to Amend an Agreement Between the City of Fort Collins and Merit Financial Corporation for the Lease and Option to Purchase Certain Equipment. B. Second Reading of Ordinance No. 2, 1984, Appropriating Unan- ticipated Revenue from a New Revenue Source. In March, 1983, Merit Financial Corp. was selected to provide finan- cing for the lease/purchase of various City vehicles. They were selected based upon their low interest rate of 8.751%. Merit Financial Corp. is willing to extend this rate to purchase three Apple Computers and related hardware. These Ordinances were unanimously adopted on First Reading on January 3. 8. Second Reading of Ordinance No. 3, 1984, Vacating Hanover Drive between Hull Street and_Swallow Road in Cedar Village 6_tFTTFinq. This Ordinance was unanimously adopted on First Reading on January 3. Silverplume Estates (which replatted Cedar Village 6th Filing and a -255- 1 1 January 17, 1984 portion of Cedar Village 5th Filing) was approved by the Planning and Zoning Board on April 29, 1983. 9. Second Readina of Ordinance No. 4, 1984, Vacating a Portion of Tract of Cedar Villaqe Sixth FTT-inq. On the plat of Silverplume Estates (approved by the Planning and Zoning Board on June 29, 1983) detention ponds in the Cedar Village Fifth and Sixth Filings were combined, resulting in an excess area in Tract "C" Cedar Village 6th Filing. The developer, by platting Silverplume Estates, has created two lots on this excess area. The excess area is not needed for storm water detention or utilities, and staff recommends adoption of this Ordinance, which was unanimously adopted on First Reading on January 3, vacating a portion of Tract PIC1 10. Second Reading of Ordinance No. 7, 1984, Authorizing the Transfer of All Funds in the Linden Street Bridge Repair Project to the Linden In May 1983 $17,500 was appropriated for the temporary repair of Linden Street Bridge. In August 1983, the Colorado Highway Commission awarded the City $424,154 from its Special Bridge Account for the replacement of the Linden Street Bridge. The replacement project included removal of the existing bridge, 500' of channel improvements to the river, construc- tion of the new bridge, and new pavement on each approach to the bridge. In subsequent weeks the Council approved the inclusion of $175,000 in the 1984 Capital Projects Budget to provide the matching funds required by the grant and provide enough money to complete the project. The money in the original Linden Street Bridge Repair Project will no longer be needed for repairs, therefore staff would like to transfer the money to the new Linden Street Bridge project account. This Ordinance was unanimously adopted on First Reading on January 3. 11. Items Relatinq to Renovation of Old Citv Hall. A. Second Reading of Ordinance No. 8, 1984, Appropriating Prior Year Reserves Transferred from Sales and Use Tax Fund and Prior Year Reserves in the Capital Projects Fund for Renovation of Old City Hall. -256- January 17, 1984 ' This item appeared on the December 20, 1983 City Council agenda as an emergency Ordinance and was tabled to January 3, in order to provide all Councilmembers the opportunity to tour East City Hall and view the work completed to date and what is being proposed. The ordinance was adopted on First Reading on January 3. B. Second Reading of Ordinance No. 9, 1984, Authorizing the Transfer of Appropriated Amounts Between Capital Projects for Old City Hall Renovation. The prior item, Ordinance No. 8, 1984, authorized appropriations to renovate Old City Hall. Funding was identified as follows: $ 43,440 1983 Capital Projects Fund Interest Earnings 211,906 1983 Excess Sales & Use Tax receipts (through 11/83) 451,954 1984 Excess Sales & Use Tax receipts beyond 11/83 $707,300 This ordinance was unanimously adopted on First Reading on January ' 3. 12. Hearing and First Reading of Ordinance No. 10, 1984, Vacating a Temporary Access Way on Lot 8, Blockar oroug u ivision. Larkborough Subdivision was approved and recorded with Lot 8, Block 15 reserved as a temporary access to provide a second point of access for emergency vehicles during construction. Since completion and acceptance of the public street system in this subdivision, the temporary access is no longer needed. Therefore, staff recommends adoption of the ordinance vacating this temporary access. 13. Hearing and First Reading of Ordinance No. 11, 1984, Appropriating Funs or Acquisition o a Downtown Parking Garage. The Fort Collins Downtown Development Authority (DDA) has recently acquired the four parcels of property upon which the downtown parking facility is to be constructed. Each of these parcels was acquired through successful negotiations with the property owners. The total cost to acquire the four parcels of land will be $816,000. A budget of $800,000 was previously approved by the Board of Directors ' of the DDA and appropriated by the City Council. To complete the -257- January 17, 1984 property acquisition, it will be necessary to appropriate an addi- tional $16,000 to the land acquisition budget from the available reserves from the bond anticipation notes. There is an available balance of $28,482 unappropriated from the bond anticipation notes. With this additional appropriation, the remaining balance would be $12,482. 14. Hearing and First Reading of Ordinance No. 12, 1984. Amendinq the Raw water Kequirements as Contained in Chanter 11Z-66 of the Code of the The City Water Utility reviewed the raw water requirements of the City for the purpose of revising those requirements to make them more compatible with actual water usage. The City's present Code provides for the submittal by a customer of raw water based upon the acreage of development but with little consideration to actual water that will be used upon the development. Some months ago, the City Council passed a "stop -gap" ordinance designed to address the disparity between raw water requirements and actual water usage until a more comprehensive analysis of the City's raw water requirements ordinance could be ' accomplished. Having accomplished that analysis, the Water Utility recommends passage of the proposed ordinance amending 5112-66 and implementing the new raw water requirement concept. 11 15. Resolution Authorizing the City to Terminate an Agreement with the Platte River Power Aut ority or t e ease of Peasant Vallev and Lake In 1980, the City of Fort Collins entered into an agreement with Platte River Power Authority (PRPA) which provided PRPA the option of leasing some of the City's Pleasant Valley and Lake water. PRPA, at that time desired to have a back-up source of water to help initially fill their Rawhide Reservoir. They were granted the option, for a period not to exceed five years commencing in 1981, to lease in any year up to 23.4% of the water decreed to Pleasant Valley and owned by the City. Under the terms of the agreement, PRPA pays the City $7200 per year for this option. Terminating the agreement two years early will mean a revenue loss to the utility of $14,400. Because of favorable water conditions and pumping schedules, Rawhide Reservoir is now nearly full. PRPA's permanent supplies have been firmed up and the reuse plan has been working well. Consequently, PRPA has no need for the Pleasant Valley and Lake water and desires to terminate the agreement. -258- January 17, 1984 ' 16. Resolution Authorizing the City Manager to Enter into an Agreement with the Associate to ents o-ColoradoState University for the Purpose of Provi inq Transfort Services. During the last several months, City and ASCSU representatives have been actively involved in negotiations for a new contract. Successful negotiations provide for a two-year contract clause from January 20, 1984, through January 19, 1986, with a referendum question on the Spring 1984 ballot enabling the CSU student body to vote on a 10% fee increase (to $3.30) effective January, 1985. In the event the refer- endum fails, the contract would revert to a one-year agreement. In return for this fee, the City will allow full-time, fee -paying stu- dents who present a CSU picture I.D. and CSU Activity Card for the current semester to ride Transfort without further charge. This contract, which will provide service from January 20, 1984 through January 19, 1986, will generate approximately $102,000 in revenues the first year (1985) and $112,200 the second year (1985). 17. Resolution Approving a Construction Management Contract for the Linden Street Bridge. This Resolution authorizes the City Manager to enter into a construc- tion management agreement with the firm of Howard, Needles, Tammen and ' Bergendoff for the Linden Street Bridge Replacement Project. HNTB proposes to provide the construction management services for a cost not to exceed $48,500. Their familiarity with the project is excellent and the proposed cost of services is very competitive. 18. Resolution Approving a Lease Agreement for the Police Annex Building at 228-230 LaPorte Avenue. The lease for the Police Annex office and storage space expires on February 29th of this year. As a result, a new agreement has been negotiated to extend the lease for two years, with the option to renew for three successive one year periods. A letter of rent evaluation was ordered by the landlord and reviewed by the Land Acquisition Office in order to establish a fair market rent. Over thirteen leases were checked to confirm the negotiated rental rate of $1,300/month or $3.43 per square foot for the first year. 19. Resolution Authorizing the Mayor to Enter into an Intergovernmental Agreement with Larimer County for the Provision o Mutua Ai . A mutual aid agreement with Larimer County provides a means whereby resources could be exchanged during an emergency such as a flood, ' -259- ' January 17, 1984 hazardous substance incident, or other natural or manmade disaster. This agreement would enhance the City's emergency preparedness system. 20. Motion Authorizing City Contribution of $4098.42 to Colorado Municipal League for Their Efforts in Opposing Propose Mountain Be Rate Tnrraacac. The Colorado Municipal League has asked the City of Fort Collins to participate in opposing the Mountain Bell rate increases proposed in PUC Advice Letter No. 1931. Under this proposal Mountain Bell rates would be increased by 46.08% (except for intrastate long distance telecommunications and related service and local coin calls, which would increase from 20 cents to 25 cents.) The League Board has authorized the League to participate on behalf of municipal interests and consumers generally. 21. Motion to Approve an Amendment to the Form of Bond Purchase Contract on Old Town Fort Collins -- Revenue Bonds. The City Council approved by motion on December 20, 1983, the OTAI. Bond Purchase Contract. Due to a change in the marketing plan for the ' bonds, this amendment has been requested. 22. Consider 1983 Annual Report for the Liquor Licensing Authority. As required by the City, the Liquor Licensing Authority has prepared its Annual Report for 1983. This report shows the number of applica- tions for licenses acted upon, the number of licenses granted and: denied, and all other actions the Board has taken during the year. 23. Deed of Easement for South Lemay Special Improvement District No. The City has received a Quit Claim Deed from Dick and Linda Rule, conveying to the City a street and utility easement along South Lemay Avenue. This deed is being granted to the City to clear up the question of the propriety of the City's right-of-way adjacent to the Rule's residence on South Lemay Avenue, and is necessary as a part of the South Lemay Special Improvement District No. 78. Ordinances on Second Reading were read by title by Wanda Krajicek, City Clerk. Item #5. Second Reading of Ordinance No 247.4 Acres Located North of ' and West of County Road 11, Secona Annexation. -260- 175, 1983, Annexing Approximatel unty Road 52 Richards Lake Roac nown as the Country Club Nort January 17, 1984 ' Item #6. Second Reading of Ordinance No. 176, 1983, Zoning the Country Club North Second Annexation. Item #7. A. Second Reading of Ordinance No. 1, 1984, Authorizing the City Manager to Amend an Agreement Between t rt Collins and Merit FinancialCorporation he d ption to Purchase Certain Equipment. B. Second Reading of Ordinance No. 2, 1984, Appropriating Unan- ticipated Revenue from a New Revenue Source. Item #8. Second Reading of Ordinance No. 3, 1984, Vacating Hanover Drive between Hu Street an Swa ow Road in Ce ar Vi aqe 6th Fi inq. Item #9. Second Reading of Ordinance No. 4, 1984, Vacating a Portion of Tract C of Cedar Villaqe Sixth Filinq. Item #10. Second Reading of Ordinance No. 7, 1984, Authorizing the Transfer of All Funds in the Linden Street Brame Repair Project to the Linden Street Bridge ignment roject. Item #11. A. Second Reading of Ordinance No. 8, 1984, Appropriating Prior Year Reserves Transferred rom a es an Use ax Fund an Prior Year Reserves in the Capital Projects Fund for Renova- tion of Old City Hall. B. Second Reading of Ordinance No. 9, 1984, Authorizing the Transfer of Appropriated Amounts Between Capital Projects for Uld City Hall Renovation. Ordinances on First Reading were read by title by Wanda Krajicek, City Clerk. Item #12. Hearing and First Reading of Ordinance No. 10, 1984, Vacating a Temporary Access Way on Lot 8, Block , Lar oroug Su division. Item #13. Hearing and First Reading of Ordinance No. 11, 1984, Appropri- ating Funds for Acquisition o a -Downtown Parking Garage. Item #14. Hearing and First Reading of Ordinance No. 12, 1984, Amending the Raw Water Requirements as Containedin Chapter -6 of the Co e ot the Citv. Councilmember Clarke made a motion, seconded by Councilmember Stoner, to adopt and approve all items not removed from the Consent Calendar. Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. -261- Motion to Approve an Amendment to the Form of Bond Purchase Contract on Old Town Fort Collins Project I's (OTAI) Industrial Development Revenue Bonds, Adopted Following is the staff's memorandum on this item: "The City Council approved by motion Purchase Contract. Due to a change this amendment has been requested. January 17, 1984 on December 20, 1983, the OTAI Bond in the marketing plan for the bonds, Originally Banker's Trust Company of New York, purchased the bonds for placement to tax-exempt funds. Due to the volume of paper for sale at the end of 1983, they could not place the entire issue. Banker's Trust Company then sold the entire issue, at par, to Kirchner Moore & Company of Denver. Kirchner Moore has requested this amendment so they can resell the bonds to individuals as well as investment com- panies. The OTA participants are not involved in these transactions. Kirchner Moore will prepare a Disclosure Statement to be used in reselling the bonds. The Disclosure Statement will be reviewed prior to release by the Staff and the City's Bond Counsel. The City will incur no cost in the reselling of the bonds. _ The individual purchasers of the bonds will be protected by the surety from. Continental Casualty Company. The bonds will be sold as "AA" bonds due to the surety. If the City Council does not approve this amendment, Kirchner Moore can put the bonds back to Banker's Trust Company, and Banker's Trust will attempt to place them." Councilmember Stoner made a motion, seconded by Councilmember Ohlson, to approve the amendment to the form of Bond Purchase Contract, dated December 28, 1983, for Old Town Fort Collins Project I. Clarke Shaw, vice-president Kirchner -Moore, and James Arundel, Kutak, Rock and Huie, gave background on the transaction and noted they were proposing a slight change to the marketing plan for the bonds. Mayor Knezovich asked how he could be assured that private investors would not be injured in the event these bonds went into default. -262- January 17, 1984 Mr. Shaw replied that in this transaction the surety, Continental Casualty, is guaranteeing the payment on the bonds to the bondholder. If the Old Town Partners project goes into default, the surety would make the normal principal and interest payments on the bonds and would then go against the project to recover their costs. The vote on Councilmember Stoner's motion to approve the amendment to the form of the Bond Purchase Contract was as follows: Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. Ordinance Creating a Transportation Utility and Funding Therefor, Adopted on Second Reading Following is the staff's memorandum on this item: "This Ordinance was adopted by a 5-1 vote on First Reading on January 3. In the preparation of the 1984 budget, staff identified the need to create a permanent funding source for maintenance and repair of local (residential) streets. Staff proposed the creation of a special account with revenue derived from the imposition of a new fee, to be known as the Transportation Utility Fee. This fee would be billed on the monthly utility bill to properties within the City, and will be billed to residents of the property where applicable." Councilmember Clarke made a motion, seconded by Councilmember Stoner, to adopt Ordinance No. 6, 1984, on Second Reading. Yeas: Councilmembers Clarke, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: Council - member Elliott. THE MOTION CARRIED. Resolution Amending Resolution 84-5 Relating to Appointments to the Storm Drainage Board and Commission on Disability, Adopted Following is the staff's memorandum on this item: "On January 3, Council appointed Mr. Greg Hurst '.to a term on the Storm Drainage Board, expiring July 1, 1986, and appointed Pat Graham to fill the alternate's position expiring July 1, 1985. -263- 1 I January 17, 1984 Prior to the January 3 meeting, Council was given a packet containing the active applications for all Boards and Commissions vacancies. The appli- cation of Mr. Hurst was included inadvertently. He was appointed a regular member of the Storm Drainage Board on October 18, 1983. At that October 18 meeting, Roland Magyar was appointed as an alternate to fill the alternate's vacancy created by Mr. Hurst's appointment. We have enclosed a copy of Mr. Magyar's application and a copy of the current Storm Drainage Board membership roster. Council now needs to appoint a regular member to the Storm Drainage Board and to reaffirm the appointment of Pat Graham as the alternate member. Additionally on January 3, Mr. Laird MacCubbin was appointed to a term on the Commission on Disability. It has come to our attention that Mr. MacCubbin no longer resides in the area and so a vacancy still exists on the Commission on Disability. The active applications for the Commission on Disability are included for your review." Councilmember'OhIson nominated Penne Powers Thomas to fill the vacancy on ' the Commission on Disability. Mayor Knezovich suggested the names of Roland D. Magyar and Pat Graham as regular and alternate members of the Storm Drainage Board. Councilmember Stoner made -a motion, seconded by Councilmember Elliott, to adopt Resolution 84-16 inserting the above names in the Resolution: Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. City Manager's Report City Manager Arnold reported on the boiler failure at the indoor pool. He noted the cost for a new boiler would be approximately $12,500 and the pool would be closed an additional 8-10 weeks unless temporary repairs could be made. Citizen Participation Norman Munn, P.O. Box 1040, Fort Collins, suggested Council investigate income investment trust accounts as a means of raising additional interest ' income for the City. -264- January 17, 1984 ' Councilmembers' Reports Councilmember Elliott reported on the Poudre Fire Authority meeting to be held on January 23rd. He noted that specialty fire stations, the annual review of 1983 Poudre Fire Authority activities, and the leasing of space from the Downtown Development Authority in the new parking structure would be among the items discussed at that meeting. He noted two Poudre Fire Authority firefighters had been selected to teach at the National Fire Academy. Councilmember Horak reported on the agricultural lands conference held in Denver that dealt with transfer of development rights in areas such as the land between Loveland and Fort Collins. Councilmember Stoner reported on the interview process for the airport manager position and noted the final selection should be made in approxi- mately a week. Councilmember Clarke spoke on Transfort ridership increases, noting rider- ship was up over 30% for the last two months of 1983. Councilmember Ohlson announced that Dick Beardmore, Chairman of the Land- mark Preservation Commission, had been recently elected to the Board of ' Directors of the National Alliance on Preservation Commission. He noted he had accompanied the Mayor to a press conference with Mayor Pena, Governor Lamm, and Congressman Kogosek dealing with the lack of MX impact hearings in the state of Colorado. Ordinance Levying a Lodging Tax in the City of Fort Collins, Adopted as Amended on First Reading Following is the staff's memorandum on this item: "On October 4, 1983, City Council passed a resolution directing staff to research and develop a lodging tax for possible implementation in 1984. The Lodging Tax is a tax to be imposed on the sales taxable renting of hotel or motel rooms for a period of less than thirty consecutive days. The attached ordinance authorizes a 3% Lodging Tax in the City of Fort Collins to be effective March 1, 1984. In response to Council's direction at its December 13, 1983 worksession that the tax not impose an undue hardship on such persons who may be renting hotel or motel rooms on a weekly basis as their only possible means of housing, the ordinance reflects the following exemption from the lodging , tax. -265- January 17, 1984 1. Rental must be on a weekly basis, payable in advance, and 2. Rental must be at a rate of $75.00 or less per week. Based on existing numbers of hotel or motel rooms in the City, a 3% Lodging Tax is expected to generate approximately $45,000 annually, net of the above exemption, which would exclude a maximum of $7,000 of revenue which would otherwise come to the City. As new hotels or motels are built within the City in the future, the Lodging Tax will generate more revenue for the City. The addition of two hotels, for example, at 200 and 230 rooms each, would generate another $43,000 if all room rentals were sales taxable, for total Lodging Tax revenue of $88,000 annually. It is reasonable to expect, however, that a significant percentage of new hotel or motel room rentals, especially if a Convention Center is built, would be to governmental or university -related groups and individuals. To the extent that such organizations and indi- viduals are sales- tax-exempt, these additional projected revenues to the City would need to be decreased. For example, if 30% of these rooms to be constructed in the future were to be rented to sales- tax-exempt organiza- tions or individuals only $75,000 of total Lodging Tax revenue would come to the City annually ($45,000 from existing rooms, plus $30,000 from future rooms). The proceeds generated by the Lodging Tax will be dedicated to enhancing tourism in the City of Fort Collins." Councilmember Elliott made a motion, seconded by Councilmember Rutstein, to adopt Ordinance No. 13, 1984 on First Reading. Mayor Knezovich noted the City Attorney had added a provision to the ordinance relating to the collection of the tax since distribution of the ordinance in the agenda packet. City Attorney Huisjen read the proposed amendment for the record. Councilmembers Elliott and Rutstein noted they would accept the amendment proposed by the City Attorney as a friendly amendment to their motion. The following persons spoke on this issue: 1. Lou Stitzel, 521 E. Laurel, representing the Shelter Housing Board, suggested some flexibility might be built into the $75 or less per week figure to allow for inflation of rents due to increased property tax, utilities, etc. -266- January 17, 1984 Michael Arrubarena, 1339 Village Park Court, representing the University Motor Inn and the Thunderbird Motel, objected to the tax on the grounds it would be detrimental to promoting tourism in Fort Collins. James Whelan, owner of Mountain Empire Hotel, objected to the tax and noted he did not feel it was equitable since it was imposed on one group of people only. Norman Munn, P.O. Box 1040, felt the tax was discriminating against an industry the Council was trying to promote. The vote on Councilmember Elliott's motion to adopt Ordinance No. 13, 1984, as amended on First Reading was as follows: Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. Ordinance Adopting the 1982 Uniform Fire Code (UFC), ' Adopted as Amended on First Reading Following is the staff's memorandum on this item: "The 1982 edition of the Uniform Fire Code (UFC) has been reviewed by a Citizens Fire Code Committee with staff assistance. This committee recommended to the Poudre Fire Authority Board that the 1982 UFC be adopted as amended. The Poudre Fire Authority Board has direct fire department staff to recommend adoption of the 1982 UFC to both the City of Fort Collins and the Poudre Valley Fire Protection District. Historically, the City of Fort Collins has adopted the current edition of the UFC. The UFC is a nationally recognized companion code to the Uniform Building Code utilized by the City of Fort Collins as well as Larimer County. The UFC is updated every three years to address newly identified industrial processes, new building techniques and to clarify ambiguous wording within the code itself. The major revisions in the 1982 UFC are designed to simplify the code language. Council should be aware that the 1982 UFC includes a potentially controver- sial ban on hand held candles in assemb ies, including churches. This ban has been deleted locally in previous years. The Fort Collins Area Council of Churches has been notified of this proposal to allow any persons object- ing to the ban to present their views to Council. ' -267- January 17, 1984 Staff recommends adoption of the 1982 UFC, as amended, including Sec. 25.118(b) which prohibits the use---of—Fa—ndheld candles in assemblies including religious ceremonies. *Fire Code Committee Members: James Cox of Cox -Parker Associates Norman Graham of Graham Heating & Sheet Metal Gary Dick, Industrial Hygienist, Hewlett Packard Sid Waldrop, Environmental Health, CSU Earl Wilkinson, Wilkinson Construction Company PFA Staff Assistance by Larry Donner, Gil Fisher, and Bob Poncelow" Councilmember Elliott made a motion, seconded by Councilmember Ohlson, to adopt Ordinance No. 14, 1984 on First Reading. Councilmember Clarke made a motion, seconded by Councilmember Horak, to amend the ordinance by adding a new paragraph 16 as follows: (16) Section 25.118(b)(4) is amended to read as follows: ' Section 25.118 Detailed Requirements for Use of Candles (b) Candles Used in Connection with Religious or Ritualistic Ceremonies 4. Candles held in persons' hands are especially dangerous and such use is pro- hibited except in connection with religious or ritualistic ceremonies. Any such use in connection with religious or ritualistic ceremonies shall take into consideration the danger presented and such use shall only be permitted if adequate ushers or other atten- dants are present and if adequate fire extinguishers and other fire fighting ma- terials are on hand and readily accessible. Larry Donner, Fire Division Chief, spoke to the incidence of fires result- ing from handheld candles in churches and stated no fires had been reported to the Poudre Fire Authority as having had that origin. There have been candle -ignited fires outside of churches. He gave background information on the adoption of the Uniform Fire Code and its use throughout the United States. January 17, 1984 t The following persons spoke in favor of Councilmember Clarke's amendment relating to handheld candles: 1. Lou Stitzel, 521 E. Laurel, member of Trinity Luthern Church. 2. Bill Emsley, 825 E. Pitkin, member of First United Methodist Church. 3. Rev. Robert Hamilton, 3500 Rolling Green Drive, senior pastor of First United Methodist Church. Mayor Knezovich asked if the Poudre Fire Authority was communicating with CSU with regard to the contents of the Uniform Fire Code. He pointed out instances of chain -locked doors and blocked exits and aisles at recent athletic events at CSU. Fire Division Chief Donner replied that the Poudre Fire Authority talks with CSU frequently and had received good cooperation on an instance by instance basis when possible violations had been observed. Councilmember Horak expressed concern about the safety conditions on the campus. ' Fire Division Chief Donner replied that for the problem to be addressed adequately, the State of Colorado would have to adopt a similar code and either have direct enforcement from a State agency or allow local juris- dictions to enforce the Code the State adopted. Councilmember Horak encouraged the Poudre Fire Authority and the City Attorney to investigate what could be done to get the State to adopt a similar code at CSU and other campuses around the state. Councilmember Clarke supported Councilmember Horak's comments and noted he felt the Poudre Fire Authority needed authority to do their jobs on the CSU campus. Fire Division Chief Donner added that the Poudre Fire Authority had re- ceived excellent cooperation from Poudre R-1. He noted that although County and federal facilities were not under Poudre Fire Authority juris- diction, PFA inspectors had been permitted to inspect the buildings and had received good cooperation. The vote on Councilmember Clarke's amendment to Ordinance No. 14, 1984 was as follows: Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. I -269- January 17, 1984 The vote on Councilmember Elliott's motion to adopt Ordinance No. 14, 1984 as amended by Councilmember Clarke on First Reading was as follows: Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. Mayor Knezovich stated that during the break he had spoken with Norman Jewett, 1200 E. Douglas Road, who wanted to ask questions about Item #5, Second Reading of Ordinance No. 175, 1983, Annexing Approximately 247.4 Acres Located North of County Road 52 (Richards Lake Road) and West of County Road 11, Known as the Country Club North Second Annexation, and Item #6, Second Reading of Ordinance No. 176, 1983, Zoning the Country Club North Second Annexation, that had previously been adopted on the Consent Agenda. He asked Council to permit this deviation from normal procedure. Mr. Jewett expressed concern that he would be automatically annexed in three years and that there would be no police or fire protection for the ' newly annexed area. City Attorney Huisjen explained that the City may initiate annexation procedures after a property has been surrounded for three years, but that it would not be automatic. City Manager Arnold replied that police and fire protection, utility service, etc. would be provided to any area annexed to the City. He added County Sheriff and City Police work closely in those outlying areas. Mayor Knezovich suggested Mr. Jewett visit with Acting Police Chief Jerry Wallace to resolve his concerns about police jurisdiction and protection. Ordinance Amending the Raw Water Requirements as Contained in Chapter 112-66 of the Code of the City, Adopted as Amended on First Reading Following is the staff's memorandum on this item: "The City Water Utility reviewed the raw water requirements of the City for the purpose of revising those requirements to make them more compatible with actual water usage. The City's present Code provides for the sub- mittal by a with little customer of raw water based upon the acreage of consideration to actual water that will be development used upon but the -270- January 17, 1984 development. Some months ago, the City Council passed a "stop -gap" ordi- nance designed to address the disparity between raw water requirements and actual water usage until a more comprehensive analysis of the City's raw water requirements ordinance could be accomplished. Having accomplished that analysis, the Water Utility recommends passage of the proposed ordi- nance amending §112-66 and implementing the new raw water requirement concept." City Attorney Huisjen noted the ordinance needed an amendment on page 3 to delete the last phrase of paragraph B(2) relating to Josh Ames certifi- cates. He noted Josh Ames certificates have a face value stated on them and that the City has a contract with the Josh Ames Ditch Company that clearly provides that water requirements be fulfilled at the ratio of 1 certificate for each 1/8 acre of land annexed regardless of the requirement of present or future ordinances affecting annexation. Councilmember Horak made a motion, seconded by Councilmember Stoner, to adopt Ordinance No. 12, 1984 on First Reading including the amendment on page 3 as described by City Attorney Huisjen. Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. Resolution Approving a Lease Agreement for the Police Annex Building at 228-230 LaPorte Avenue, Adopted Following is the staff's memorandum on this item: "The lease for the Police Annex office and storage space expires on Febru- ary 29th of this year. As a result, a new agreement has been negotiated to extend the lease for two years, with the option to renew for three succes- sive one year periods. A letter of rent evaluation was ordered by the landlord and reviewed by the Land Acquisition Office in order to establish a fair market rent. Over thirteen leases were checked to confirm the negotiated rental rate of $1,300/month or $3.43 per square foot for the first year. The rental for the remaining years of the lease are to be adjusted by the annual average consumer price index for the preceeding year. The building is well located for the Police Department and is easily accessible for their needs. Funds have been budgeted for this purpose and would be used to pay the rent." -271- 1 ' January 17, 1984 City Attorney Huisjen advised that the Agenda Item Summary should be revised to "extend the lease for one year, with the option to renew for four successive one year periods." He added this would not obligate future Councils beyond the current budget year. Councilmember Horak made a motion, seconded by Councilmember Elliott, to adopt Resolution 84-14. Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. Executive Session Authorized Councilmember Horak made a motion, seconded by Councilmember Rutstein, to adjourn into Executive Session for the purpose of discussing land acquisi- tion. Yeas: Clarke, Elliott, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. At the conclusion of the Executive Session, Councilmember Clarke made a motion, seconded by Councilmember Horak, to request that the County Commis- ' sioners extend Mr. Roesser's option to exercise the exemption on the Pineridge property for a period of 60 days ending March 19th. Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. Mayor Knezovich noted the request would be transmitted to the County immediately. Adjournment Councilmember Elliott made a motion, seconded by Councilmember Horak, to adjourn the meeting. Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None. The meeting adjourned at 10:25 p.m. May ATTEST: ' City Clerk ' -272-