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HomeMy WebLinkAboutMINUTES-01/18/1983-RegularJanuary 18, 1983 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council -Manager Form of Government Regular Meeting - 5:30 p.m. A regular meeting of the Council of the City of Fort Collins was held on Tuesday, January 18, 1983, at 5:30 p.m. in the Council Chambers in the City of Fort Collins City Hall. Roll call was answered by the following Council members: Cassell, Clarke, Elliott, Horak, Knezovich, Miller, and WiImarth. Absent: None Staff Members Present: Arnold, Krajicek, Huisjen, Lewis, Meitl, Waido. Agenda Review: City Manager City Manager Arnold stated there were no changes to the Agenda. No items were withdrawn from the Consent Agenda. 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 #25, 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. C 1 8 onsider Approving the Minutes of the regular meeting of January 4, 5. Second Reading of Ordinance No. 1, 1983, Appropriating Unanticipated Revenue in the Capital Projects Fund. On June 1, 1982, $30,000 was appropriated in the Capital Projects Fund for design and installation of an emergency stand-by generator system ' in Old City Hall for the Police Communications Center. Bids for the project were received in November, and the low bid is $5,500 over the -33- January 18, 1983 ' appropriated amount. The increased cost is due to architectural work needed to protect the generator because of its location next to the natural gas meter enclosure adjacent to the new City Hall. An addi- tional $2,500 contingency for unanticipated problems during construc- tion totals $8,000 to complete the project. The City Manager has approved transferring $8,000 from the General Fund Contingency to the project. This Ordinance which was unanimously adopted on First Reading on January 4 appropriates the $8,000 in the Capital Projects Fund. Second Reading of Ordinance No. 2, 1983, Expanding the Downtown Development Authority District to Include Property at 215 Mathews Acting on a request from Jack and Elsie Russell, the Downtown Develop- ment Authority passed a resolution on December 16, 1982 recommending to City Council the inclusion of the property located at 215 Mathews Street (Lot 5, Block 132) within the Downtown Development Authority District. This ordinance which was unanimously adopted on First Reading on January 4, will implement this request and recommendation. This will allow the full development of the Russell property for a major residential project with DDA participation. The remainder of the property faces Remington Street and is currently within the DDA district. 7. Second Reading of Ordinance No. 3, 1983, Appropriatinq Unanticipated Part of the CDBG Housing Rehabilitation Program is to provide loans (3%) to qualified homeowners for rehabilitation work. These loans are repaid to the CDBG Program. HUD regulations allow for the "re -dis- tribution" of these loan payments to be used for additional housing rehabilitation loans. Program income has been received from these principal and interest payments in 1982 totalling $57,266. This ordinance which was unani- mously adopted on First Reading on January 4, appropriates $57,266 in unanticipated revenue in the CDBG Fund. 8. Hearing and First Reading of Ordinance No. 8, 1983, Vacating A Utility asement on ract J of Trail—we-s—t-TW. The applicant is requesting vacation of a part of the utility easement I existing on Tract J of Trailwest PUD, approved by the Planning and -34- January 18, 1983 Zoning Board on September 18, 1979. The vacation is necessary as a result of a redesign and a change to the positioning of the buildings on Tract J. This part of the utility easement is no longer necessary. Staff is recommending approval of the vacation request. Property owners: SDS Building Corp. Jim Scavo Tom Dougherty 9. Hearing and First Reading of Ordinance No. 9, 1983, Relating to Approval by the Planning and Zoning Board of Enlargement of a Building aim nq a Non-Lonrorminq Use. In 1979, the City Council delegated final authority to the Planning and Zoning Board in consideration of Non -Conforming Uses. This was one of a series of delegations giving the Board final authority over Planned Unit Developments, subdivisions, and R-H Conversions, subject to appeal to City Council. However, one section of the Code relating ' to enlargement of a building containing a Non -Conforming Use was overlooked, although the intent was that all planning items except zonings, rezonings, and annexations were to be under the authority of the Planning and Zoning Board, subject to appeal to City Council. The Ordinance accomplishes the intended change relating to enlargement of buildings containing a Non -Conforming Use. 10. Resolution Authorizing the City Manager to Enter Into An Agreement with Colorado State University to Provide Potab a Water Samp a Testing Tor the CSU Campus. The agreement provides for potable water sampling and testing on the CSU Campus for a two-year period. The format and terms are identical to the agreement which expired on December 31, 1982. 11. Resolution Conveying an Undivided 50% Interest in Parcels 10 and 12, Block 31 to the County of Larimer. At the November 9th Council meeting, an Intergovernmental Agreement between the City and County was approved authorizing the purchase of parcels 10 and 12 in Block 31. The Agreement stipulated that the City would take title to the properties at the time of closing and transfer an undivided 50% interest to the County upon receiving: 1) the proceeds from the issuance of the sales tax revenue bonds for the financing purchase, construction and operations of the parking lot on -35- January 18, 1983 Block 31; and 2) the County's commitment to reimburse the City for its share of the principal and interest due on the sales tax revenue bonds. Since both conditions have now been met, this resolution authorizes the conveyance to the County of their undivided 50% interest in parcels 10 and 12. 12. Consider 1982 Annual Report for the Liquor Licensing Authority. As required by the City, the Liquor Licensing Authority has prepared its Annual Report for 1982. 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. Ordinances on Second Reading were read by title by Wanda Krajicek, City Clerk. Item #5. Second Reading of Ordinance No. 1, 1983, Appropriating Unantici- pated Revenue in the Capita d. Projects Fun Item #6. Second Reading of Ordinance No. 2, 1983, Expanding the Downtown Development Authority District to Include Property at 215 Mathews Street. Item #7. Second Reading of Ordinance No. 3, 1983, Appropriating Unantici- pated Revenue 66 in the CDBG Fun . Ordinances on First Reading were read by title by Wanda Krajicek, City Clerk. Item #8. Hearing and First Reading of Ordinance No. 8, 1983, Vacating A Utility Easement on Tract J of Trailwest PUD. Item #9. Hearing and First Readin Approval by the Planninc Bui ding Containing a Non - of Ordinance No. 9 and Zoning Board mforminq Use. 1983, Relating to Enlarqement of a Councilmember Elliott made a motion, seconded by Councilmember Knezovich, to adopt and approve all items not removed from the Consent Calendar. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, Miller, and Wilmarth. Nays: None. THE MOTION CARRIED. -36- L January 18, 1983 Public Hearing and Resolution Adopting 1982-83 Community Development Block Grant Programs and Projects Funded by Carry -Over Funds from the 1981-82 CDBG Program Year and Reprogrammed Funds from the City's 1982-83 Entitlement Grant, Adopted Following is the staff's memorandum on this item: "At the January 4, 1983, City Council meeting, the Council conducted a public hearing on proposed Resolution 83-13 which initially set forth several programs and projects to be funded by $275,000 in carry-over funds from the 1981-82 CDBG Program Year. At the same meeting, the Council decided to reduce the amount of funds from the City's 1982-83 Entitlement grant earmarked for Housing Rehabilitation from $300,000 to $243,000. The reduction freed $57,000 of the 1982-83 Entitlement grant for repro- gramming. The City Administration presented a recommendation on how the $57,000 should be allocated. Because of the Holiday Season, the CDBG Citizens' Steering Committee did not have an opportunity to review the Staff's recommendation. The City Council, therefore, decided to table ' Resolution 83-13 until the Committee had an opportunity to review the Staff's recommendation. The CDBG Citizens' Steering Committee conducted a meeting on Thursday, January 13, 1983, to discuss which programs and projects should receive funding with the $57,000 of reprogrammable 1982-83 Entitlement funds. The Committee's recommendation is presented below. The City Administration concurs with the recommendation. The City Council has also requested a work session with the CDBG Citizens' Steering Committee for the purpose of discussing the reasons for the recommended programs and projects. The work session has been scheduled for 4:30 p.m. Tuesday, January 18, 1983. A short description of each recom- mended project and the reasons for the recommendation is also presented below. Resolution 83-13 has been revised to include the $275,000 of 1981-82 carry-over funds and the $57,000 of reprogrammed 1982-83 Entitlement funds. The following is a short description of all proposals: Historic Old Town History Program -- John Dewhirst, Historic Old Town Planning Commission ' Request for $6,000 to compile a history of the Old Town Area. The project would produce multi -media programs, visual programs such as -37- January 18, 1983 display panels, and publications for community education and informa- tion. 2. Neighborhood History and Historic Neighborhood Inventories -- John Dewhirst - City Planning Request for $8,000 for a historic building inventory of the Holy Family, Laurel School and B.A.V.A. Neighborhoods. Survey information could aid the formation of historic districts, the use of new historic tax benefits, public education, revitilization efforts, and publica- tions highlighting the unique qualities and history of each neighbor- hood. 3. Operation Facelift -- Local Development Corporation Request for $65,000 for a short-term low -interest loan program for downtown small business persons to help improve their facades which improves the appearance of the whole downtown. 4. Pedestrian/Bicycle Access Program -- John Dewhirst - City Planning Request for $23,000 for bike path and signs along both sides of Linden Street and a trail access ramp at the Lincoln Avenue bridge. 5. Poudre River Clean -Up and Buffering Program -- Comprehensive Planning Division Request for $32,348 to clean up and install a vegetational screen along the Poudre River Trail between Martinez Park and the City's Wood Street Service Center, and a screen between the trail and the mobile home park located at the north end of Wood Street. 6. Economic and Neighborhood Revitalization Program -- Fort Collins Downtown Development Authority Request for $30,000 for an additional staff person to work with the neighborhood organizations, providing a link between the area resi- dents and those involved with the redevelopment of downtown. The project would focus on bringing major new employers in the downtown area and maintaining affordable housing in the downtown. 7. Fire Sprinkler Retrofit for DMA Highrise -- Downtown Merchant's Association Request for $120,000 for a fire sprinkler system at the DMA Plaza I" 1 January 18, 1983 This project is in accordance with the Fire Protection and Emergency Services Master Plan for the Fort Collins area. 8. Northside Community Center Expansion Feasibility Study -- Fort Collins Parks and Recreation Department Request for $30,000 for a consultant to do a thorough site investiga- tion of the Northside Community Center to determine the methods needed to construct a 3,000 square foot addition to the facility. 9. Coachlight Plaza Apartments, Ltd. -- H. McGraw, Coachlight Plaza Apts., Ltd. Request for $12,500 for playground equipment at this Section 8 (HUD) subsidy project which provides 68 units for low-income families. 10. Housing Development Proposal -- Jim Woods, Director Fort Collins Housing Authority ' -- Steve W. Barbier, Director Neighbor -to -Neighbor, Inc. Request for $210,000 to provide home ownership for low-income families and provide an alternative to severely dilapidated properties. Columbia Savings and Loan and the Colorado Housing Finance Authority will also participate and contribute $220,000 in private mortgage funds. The proposal would produce nine homes. 11. Community Gardening Program -- Lorrie Wolfe, Program Specialist Larimer County Department of Human Development Request for $25,000 for funding five water taps to be installed on church property, near high density housing or mobile home parks, committed to be used as community gardens for a minimum of five years. 12. Historic District Utilities Improvements and Undergrounding -- Jim Reidhead Old Town Associates, Ltd. Request for $70,000 for underground utilities in alley running south from Walnut Street to Trimble Court and Trimble Court alleyway running ' from College Avenue to Linden Street. -39- 1 January 18, 1983 13. Historic District Utilities Improvements and Undergrounding -- Jim Reidhead Old Town Associates, Ltd. Request for $22,000 for utilities in the alley running from Linden Street to Walnut Street behind the Miller Block Building (Sam's Old Town Ballroom). 14. Historic District Alley Improvement Demonstration Project -- Jim Reidhead Old Town Associates, Ltd. Request for $200,00 for improvement of alley running south from Walnut Street to Trimble Court and Trimble Court alleyway. These improve- ments would include engineering and design, landscaping and pedestrian amenities. 15. Historic District Utilities Traffic Improvements ' -- Jim Reidhead Old Town Associates, Ltd. Request for $76,000 for installation of Mountain Avenue/Walnut/ Mathews Street intersection traffic signal. 16. Historic District Traffic Improvements -- Jim Reidhead Old Town Associates, Ltd. Request for $61,500 for construction of a median and left turn bay at Walnut and Mathews. 17. Underwriting Multi -Family Rehab Projects -- Sharon Duckett, Consultant -- Patricia Allen, Consultant Urban Solutions, Corp. Request for $275,000. This proposal was withdrawn. Recommendation The following projects constitute the CDBG Citizens' Steering Committee's recommendations for funding; included is a short justification for each I recommendation: -40- January 18, 1983 Historic Old Town History Program and Neighborhood History & Historic Neighborhood Inventories $10,000 -- There has been no research of the B.A.V.A. or other Hispanic neighborhoods. -- This project would increase knowledge of the past which would help foster sympathetic development and redevelopment in character with the areas past. -- The project would create good public relations with the community. Operation Facelift ($32,500) -- Self-perpetuating low -interest short-term loans to small businesses_ in the downtown area, which have already shown excellent paybacks. -- Improves facades of business which improves the appearance of the whole downtown. -- Because of the revolving loan aspect of this program further funding requests should not be forthcoming in future years. Fire Sprinkler for the DMA Highrise ($75,000) -- For the safety of the residents who are elderly and low-income people. Northside Community Center ($30,000) -- To determine what is wrong with the building and what can be done to rectify it. -- The facility is a major focal point for the three neighborhood strategy areas. Housing Development Proposal ($127,500) -- This project would provide additional low-income home ownership opportunities. -- To help people have safe living conditions, especially the homes which are over 500o deteriorated that housing rehabilitation cannot ' help. -41- January 18, 1983 -- Provide new low-income housing on an infill basis in the strategy neighborhoods. Coachlight Plaza ($9,000) -- A good example of public/private cooperation. -- Provides facilities for children of low-income families. -- Adds quality to the project. Pedestrian/Bicycle Access Program ($23,000) -- Increased safety for residents. -- Adds connection from Buckingham Park to Poudre Trail. Community Gardening Program ($10,000) -- Program deals with basic issue of food for low-income families. ' -- Communal aspect of program, gets people working together. -- No longer a demonstration project." Councilmember Clarke made a motion, seconded by Councilmember Elliott, to adopt the Resolution. Mayor Cassell pointed out several Councilmembers had attended the CDBG Steering Committee meeting and that Council had just attended an hour-long work session on the programs. Councilmember Wilmarth felt the work session had enabled him to have a clear understanding of where the $332,000 was allocated, what the proposals were, and how they relate to each other. He stated that although he had some individual concerns, the projects selected by the Steering Committee are the feasible ones. Councilmember Knezovich pointed out that of the $332,000 allocated by this Resolution, $275,000 were unspent federal monies from earlier years. He suggested the best use for unspent federal monies would be to return those funds to Washington, D.C. He suggested that if these programs were needed in the community, the city should find the resources internally to fund them and reduce the federal deficit by returning the federal monies. He urged defeat of the Resolution. , -42- [1 Councilmember Horak stated the federal give the City back some of the money pointed out the Under Secretary of Department would be in Fort Collins i have the opportunity to express their January 18, 1983 government had made the decision to sent them through tax returns. He the Housing and Urban Development n Thursday and Councilmembers would views on how funds should be spent. The vote on Councilmember Clarke's motion to adopt the Resolution was as follows: Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Miller, and Wilmarth. Nays: Councilmember Knezovich. THE MOTION CARRIED. Ordinance Transferring $375,000 From Water Capital Contingency to the Foothills System Improvements Project, Adopted on Second Reading Following is the staff's memorandum on this item: "This Ordinance was adopted unanimously on First Reading on December 21, 1982 and on January 4 was tabled to this date to allow staff to present additional information concerning the site selection. The Ordinance would authorize the transfer of $375,000 from Water Capital Contingency to the Foothills System Improvements Project. The Foothills Water System improvements are required to provide quality service to the higher elevation west side of the City. The benefits are both improved quality of service and obtaining more reliable fire protec- tion. The second phase of this project is to be constructed in 1983 and includes a 4 million gallon water tank and approximately 3 miles of water transmission line. Recent soil investigations, of the only suitable tank sites, indicate that a special foundation for the water tank will be required. The resulting tank cost estimate increased from the budgeted amount of $1,125,000 to the current estimate of $1,500;000, an increase of $375,000. At the First Reading of the Ordinance, Council requested responses to three questions prior to the Second Reading. The three questions concerned (1) the possibility of obtaining a guarantee from the engineering firm, (2) obtaining a second engineer's opinion on the suitability of the design, and (3) questions related to the project budget. Information addressing each of these questions is attached. Funds are available in the Water Capital Contingency for transfer to the Foothills System Improvements Project due to delayed projects and/or -43- January 18, 1983 ' projects which were under budget. (Prior to 1982, all appropriations for Water capital projects were put into the dater Capital contingency until the project was ready to proceed.)" Councilmember Clarke made a motion, seconded by Councilmember Knezovich, to adopt Ordinance No. 183, 1982 on Second Reading. Councilmember Clarke thanked staff for the additional data and noted he felt the City had taken all the precautions possible since no one will guarantee the water tank. He made reference to a letter to M&I Engineering from Chinn and Associates containing suggestions for eliminating problems and encouraged staff to investigate those suggestions. Councilmember Elliott asked if the three recommendations made by Chinn and Associates were included in the current specifications for construction. Project Engineer Curt Miller responded that the three suggestions would have been incorporated in the design. The data submitted to Chinn and Associates was not that complete so the recommendations were beyond what they currently had been asked to review. ' The vote on Councilmember Clarke's motion to adopt Ordinance No. 163, 1982 on Second Reading was as follows: Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, Miller, and Wilmarth. Nays: None. THE MOTION CARRIED. Ordinances Relative to Proposed Charter Amendments, Adopted on Second Reading Following is the staff's memorandum on this item: "A. Second Reading of Ordinance No. 5, 1983, providing for a Charter Amendment to be Submitted to a Vote of the Qualified Electors of the City, relating to a One -Year Residency Requirement as a Qualification for Council Office. B. Second Reading of Ordinance No. 6, 1983, providing for a Charter Amendment to be Submitted to a Vote of the Qualified Electors of the City, relating to vacancies on the City Council. These two ordinances propose amendments to two different sections of the City Charter. Ordinance No. 5, 1983 was unanimously adopted on First I Reading on January 4 and Ordinance No. 6, 1983, was adopted by a 4-3 vote on that same date. -44- 1 0 January 18, 1983 Proposed Charter Amendment No. 1 This amendment would change Article II, Section 2 of the Charter as it relates to the residency requirement presently contained in that section. In March of 1975, the District Court for the State of Colorado determined that the five (5) year residency requirement contained within the City Charter was unreasonable and, therefore, a violation of the equal protection clause of the Fourteenth Amendment to the United States Constitution. In the Court's opinion, however, they determined that the one (1) year residency requirement as found in the Colorado Municipal Election Code was not unreasonable and, in fact, in the absence of evidence to the contrary, such a requirement actually served a compelling governmental interest. Since that time the City has brought the issue before the voters in the form of Charter amendments several times. In the past the proposed change from five years to one year has been voted down. It is our belief that because a portion of this Charter provision has been ruled unconstitutional, it is our responsibility to bring this issue before the people in the hopes that they will one day adopt the amendment. Proposed Charter Amendment No. 2 This proposed Charter amendment would serve to amend in two respects, Article II, Section 18 of the City Charter as it relates to Council vacancies. Presently, the City Charter provides that any vacancy in an elective office shall be filled within thirty (30) days by appointment of the City Council. The proposed Charter amendment would change this thirty day period to one hundred and twenty (120) days. The second area of change within Section 18 of Article II of the City Charter would be the addition of the phrase, "or becomes disqualified to hold said office in accordance with the Charter". Currently, the reasons for vacancies as enumerated in Section 18 of Article II of the City Charter fail to set out all circum- stances under which a vacancy may arise. The addition of the above -stated phrase will serve to rectify that problem." Councilmember Wilmarth made a motion, seconded by Councilmember Elliott, to adopt Ordinance No. 5, 1983 on Second Reading. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, Miller, and Wilmarth. Nays: None. THE MOTION CARRIED. -45- January 18, 1983 Councilmember Elliott made a motion, seconded by Councilmember Horak, to adopt Ordinance No. 6, 1983 on Second Reading. Councilmember Knezovich stated he still felt the current system has worked effectively and the proposed Charter amendment would not solve any problems. Councilmember Miller stated he did not feel the 120 day period would be advantageous and would lengthen the process. Mayor Cassell noted the logic behind the proposed amendment was to give Council the option of not filling a vacancy that occurs close to the end of a term. He supported the amendment. The vote on Councilmember Elliott's motion to adopt Ordinance No. 6, 1983 on Second Reading was as follows: Yeas: Councilmembers Cassell, Clarke, Elliott, and Horak. Nays: Councilmembers Knezovich, Miller, and Wilmarth. THE MOTION CARRIED. Items Relating to Proposed Citizen ' Initiated Charter Amendment, Adopted Following is the staff's memorandum on this item: "A. Certification of Petition for Placing Citizen Initiated Charter Amend- ment on March 8, 1983 Ballot. B. Resolution Directing the City Clerk to Publish the Full Text of the Proposed Citizen Initiated Charter Amendment to Sections 1, 2, 6 and 8 of Article XVII. The Resolution directs the City Clerk to publish the full text of the proposed citizen -initiated amendment to the Charter, which provides that resolutions are also subject to the initiative process pursuant to the Charter. Pursuant to State statute, the petitions have been processed by the City Clerk's office and have been found to contain the necessary number of signatures of qualified electors for the placement of this amendment on the March ballot.. The Election Board's certification of the petition is attached for Council's information. By adopting this resolution, the Council gives direction to the City Clerk to include the full text of the proposed citizen initiated amendment in the notice of election and sets out the ballot language for the proposed I amendment. -46- January 18, 1983 Staff recommends that this Resolution be adopted." Councilmember Elliott made a motion, seconded by Councilmember Horak, to accept the certification. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, Miller, and Wilmarth. Nays: None. THE MOTION CARRIED. Councilmember Horak stated the proposed Charter amendment was an attempt to address the concerns of a group of citizens who are interested in being able to initiate Resolutions, which has been allowed in other communities in Colorado and across the nation. He felt it was important to let the voters decide the issue. Councilmember Wilmarth noted it was his understanding that these actions were almost mandatory regardless of philosophical concerns. ' City Attorney Huisjen stated that Councilmember Wilmarth's understanding was correct. Councilmember Horak made a motion, seconded by Councilmember Knezovich, to adopt the Resolution. Councilmember Knezovich asked if there were occasions when the City pub- lishes Charter amendments as a display ad rather than a legal advertise- ment. City Manager Arnold replied it is a legal requirement that the text be published but an option would be to publish a display ad in addition to the legal. Councilmember Horak felt it might be appropriate to discuss the City's position with regard to this proposed amendment at the next work session. He felt action similar to that taken on the sales tax issue might have to be taken on this issue. The vote on Councilmember Horak's motion to adopt the Resolution was as follows: Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, Miller, and Wilmarth. Nays: None. THE MOTION CARRIED. -47- 11 January 18, 1983 Resolution Appointing a Citizen Representative to the Citizen's Advisory Committee Established by the Metropolitan Planning Organization, Adopted Following is the staff's memorandum on this item: "The Metropolitan Planning Organization (MPO) has established a Citizen's Advisory Committee, as required under the terms of the agreement that created the MPO for transportation planning. Each community on the Urban Area Policy Committee is allowed one citizen representative to the Citizen's Advisory Committee. The Committee will be involved in all stages of the planning process, and all items requiring policy adoption must be submitted to the Committee for comments. The attached Resolution appoints an individual to be the Fort Collins representative on the Citizens Advisory Committee." I Councilmember Knezovich made a motion, seconded by Councilmember Horak, to adopt the Resolution, inserting the name of David Gilfillan. Councilmember Knezovich stated he felt it was appropriate to appoint the Chairman of the Planning and Zoning Board to this position especially since all six Planning and Zoning Board members had expressed a willingness to serve. The vote on Councilmember Knezovich's motion to adopt the Resolution was as follows: Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, Miller, and Wilmarth. Nays: None. THE MOTION CARRIED. Items Related to Boards and Commissions Following is the staff's memorandum on this item: "At the September 14, 1982, Work Session City Council considered: A Proposed Policy for Appointive Boards. • Recommended changes to the Boards and Commissions Manual. Recommendation for the creation of Cemetery Board. ' • Appointments for Council Liaison persons to Boards and Commissions. I January 18, 1983 At that Work Session Council directed the staff to: (A) Refer the Proposed Policy to the Human Relations Commission for their recommendation, (B) Add the changes regarding duties of alternates recommended by Councilman Clarke, and (C) Bring back a recommendation on the creation of a Cemetery Board. The following is in response to that direction. (A) Recommended changes submitted by Human Relations Commission. 1) 18.1 Though this is a charter provision it is felt that more clarification should be given to how and why Council may.. remove commission members. 2) 18.2 Exceptions to this section should and does exist; it should be so stated that Council may approve exceptions to limiting someone's membership to two terms. 3) Section VI. (Manual) General Responsibilities. The follow- ing points should be added. (a) Existing members not reappointed. shall receive in writing, prior to the next scheduled meeting, a letter from the Council explaining why. (B) The changes in the manual have been made according to Council direction (General Responsibilites and Specific Differences Section C & D). (C) Rationale as provided by Mr. Jack Russell on behalf of the Funeral Director for creation of a Cemetery Board contained the following eight (8) points. 1) A Cemetery Board would provide a vehicle to receive and arbitrate complaints regarding the cemetery, i.e. removal of flowers from grave spaces. 2) Coordinate with all Publics and Staff, on Memorial Day Services. 3) Study and make recommendations to the City Council on perpetual care matters, including, but not limited to, -49- I January 18, 1983 implementing a mechanism for collection of past due perpetual care fees. 4) Study and make recommendations to the City Council on any potential sale of existing cemeteries. 5) Study and make recommendations to the Council regarding Grandview Cemetery, i.e. should additional land be purchased to expand Grandview. 6) Study and make recommendations to the Council on ways to prolong life of Grandview, i.e. double depth burials, no option - need to extend life for another four years. 7) Study and make recommendations to the City Council regarding hours for openings and closings. 8) Study and make recommendations for feasibility of reserving space for special religious groups, i.e. Jewish, Synagogue ' (request to follow). The Parks and Recreation staff would like to propose an alternative to the creation of a new board. That alternative would be the creation of a Five Member Blue Ribbon Committee to serve for one year to review and make recommendations of those concerns listed as items 3, 4, 5, 6 and 8. The Parks and Recreation Staff are of the opinion that the concerns listed in items 1, 2 and 7 are already adequately covered under Cemetery rules and regulations. The Parks and Recreation staff endorses the concept of the Blue Ribbon Committee being made - up of: One Funeral Director. One Monument Dealer. Three citizens at large. Recommendations and actions Council needs to take. 1) ,The staff has no recommendation on the comments from the Human Relations Commission. Council should consider the recommendations then modify and adopt the policy as modified or decide to adopt the policy as , attached. -50- January 18, 1983 2) Council by motion, should formalize the Council Liaison Appoint- ments. Council may want to defer this action until after the March 8 General Election. 3) Council needs to decide the issue of the Cemetery Board and give staff directions on how to implement the decision. For example, if Council decides to create a Blue Ribbon Committee, these appointments will be made by the Mayor, with Council con- currence, outside of the Boards and Commissions Appointive Board Policy. For instance, the Mayor's Blue Ribbon Panel on the Hotel/Convention Center was created in this manner. 4) Council needs to consider Item XI (Standards of Conduct) suggested by the City Attorney's Office for inclusion in the Boards and Commissions Manual and approve or disapprove its inclusion. 5) Council needs to consider Item XII (Conduct of Meeting) suggested by the City Attorney's Office for Inclusion in the Boards and ' Commissions Manual and approve or disapprove this section." Assistant City Manager Verna Lewis answered questions posed by Council regarding this item. Councilmember Elliott made a motion, seconded by Councilmember Horak, to adopt the policies relating to Appointive Boards and outlined in Sections 18.1 through 18.7. Mayor Cassell pointed out the nature of the Water Board was unique and the City receives many thousands of dollars of free consulting from some of the members of the Board. He felt those members should be allowed to remain on the Board for longer than two terms if they wish. Mayor Cassell made a motion, seconded by Councilmember Clarke, to amend Section 18.2(a) to add the phrase "excluding the Water Board" after "Boards and Commissions" in the first line of paragraph A. Councilmember Horak noted excluding Water Board members from the two -term rule would not build additional new expertise and would delay the building of such expertise. He suggested those long term members be given a special appointment with voting privileges as a life -time member or for as long as they wish to serve because of their unique position. That way additional people could be involved without losing the expertise of the original members. -51- January 18, 1983 ' Councilmember Knezovich felt Water Board appointments should be limited to two terms and no exceptions should be made to the current policy. Councilmember Wilmarth felt eight years was long enough for effective ser- vice in most instances. He suggested some of those with special expertise might be willing to volunteer their time to assist the City. He expressed concern about setting a precedent noting there were undoubtedly other Boards in a similar position. He stated he would prefer handling those situations on a case by case basis since Council has the ability to make such exceptions. Mayor Cassell pointed out the request to exclude the Water Board had come from the younger members of the Water Board, among others, who felt the need for this support. Their feelings were that the support was not the same if it was advisory or honorary rather than official membership. He estimated $250,000 of technical expertise was freely given by the various members of the Water Board. He felt Council needed the option to extend an individual's membership beyond two terms although it would not necessarily be done in every situation. The vote on Mayor Cassell's motion to amend Section 18.2(A) to exclude the Water Board was as follows: Yeas: Councilmembers Cassell, Clarke, ' Elliott, Horak, and Miller. Nays: Councilmembers Knezovich and Wilmarth. THE MOTION CARRIED. The vote on Councilmember Elliott's motion to adopt the policies relating to Appointive Boards as amended by Mayor Cassell's motion was as follows: Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, Miller, and Wilmarth. Nays: None. THE MOTION CARRIED. Councilmember Wilmarth made a motion, seconded by Councilmember Clarke, to adopt the Council Liaison list inserting the name of Norman Miller beside Planning and Zoning Board, Liquor Licensing Authority, and Zoning Board of Appeals. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, Miller, and Wilmarth. Nays: None. THE MOTION CARRIED. Mayor Cassell clarified that these appointments would last until the new Council is seated after the election. Councilmember Wilmarth made a motion, seconded by Councilmember Miller, to create a five -member advisory Blue Ribbon Committee to serve for one year I to review and make recommendations on cemetery concerns expressed by Mr. Jack Russell. -52- IJanuary 18, 1983 Councilmember Knezovich felt there was no need for the forerunner of a Cemetery Board and urged leaving the system as it is. Councilmember Clarke noted he had received calls from persons concerned with cemetery operations. He felt there should be a mechanism for input into the cemeteries since they are subsidized to a great extent by General Fund dollars. He felt the Committee should be established since there was a group of people willing to serve. Councilmember Knezovich stated it was his opinion that the City should get out of the cemetery business and should encourage free enterprise to take over this area. Councilmember Elliott felt one of the tasks and charges of the Parks and Recreation Board was to coordinate the cemetery portion of the Parks and Recreation Department. He added staff members had done an excellent job in following up on concerns and questions regarding the cemetery and in maintaining the facilities. He felt the issues could be addressed through the Parks and Recreation Board and noted he could not support the creation ' of another board. Councilmember Miller stated he would support the creation of the Committee since it was proposed by the Parks and Recreation staff. The vote on Councilmember Wilmarth's motion to create the Blue Ribbon Committee to study cemetery concerns was as follows: Yeas: Councilmembers Cassell, Clarke, Horak, Miller, and Wilmarth. Nays: Councilmembers Elliott and Knezovich. THE MOTION CARRIED. Assistant City Manager Verna Lewis pointed out the next actions would be to consider two sections, Standards of Conduct and Conduct of Meetings, for inclusion in the Boards and Commissions Manual. These sections were proposed and recommended by the City Attorney. Councilmember Clarke made a motion to include the recommendation of the Human Relations Commission in VI. General Responsibilities and Specific Differences that "Existing members not reappointed shall receive in writ- ing, prior to the next scheduled meeting, a letter from Council explaining why. The motion died for lack of a second. I Councilmember Wilmarth made a motion, seconded by Councilmember Horak, to adopt the General Responsibilities and Specific Differences section (VI) -53- January 18, 1983 , including paragraphs C and D regarding Orientation, Training, and Alter- nates suggested by Councilmember Clarke. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, Miller, and Wilmarth. Nays: None. THE MOTION CARRIED. Councilmember Horak made a motion, seconded by Councilmember Knezovich, to approve inclusion of the two sections entitled Standards of Conduct and Conduct of Meetings in the Boards and Commissions Manual. Yeas: Council - members Cassell, Clarke, Elliott, Horak, Knezovich, Miller, and Wilmarth. Nays: None. THE MOTION CARRIED. Citizen Participation The proclamation naming February 9 as Colorado Garden and Home Show Day was forwarded to the appropriate persons. Resolution Authorizing the Expenditure ' of Such Funds as are Reasonable and Prudent to Disseminate Information Relative to the .75% Sales and Use Tax Issues, Adopted Following is the staff's memorandum on this item: "The public information program on the sales tax has been discussed at some length by Council and even more by staff. The intent is to provide a fair, accurate, complete set of information about the tax to the public so the election can be decided in the best interests of the community. (Of course, staff always tries to provide fair, accurate and complete infor- mation to the Council and public; but we recognize that some people do not believe as we do, see things as we do, define "best interests" as we do, etc., etc. "Objectivity" of information is, like beauty, in the eye of the beholder.) Then too, we do not want the amount of money spent preparing public infor- mation to be a distracting side issue. So we'll develop methods to hold the costs down, as much as is possible. The three goals (1) providing complete information (2) to the public (3) at little cost are obviously in conflict. Some compromise is necessary. Another issue of concern is how to fulfill our responsibility as Staff and ' Council while complying with the spirit and letter of the Campaign Reform -54- January 18, 1983 Act. The Act does not recognize the "gray recommendation" of Staff -to - Council from the "black definition" of campaigning or the "white defini- tion" of objective information. As Manager I cannot fully comply with my Charter mandate to advise Council without forming strong opinions. Nor can I advise you on the City's financial situation without doing so strongly. Strong recommendations are advocate positions and some will see "campaigning" there. I guess if it comes to a choice of being perceived as stepping over the line of the "campaigning" question versus not fulfilling my responsibility to advise, the latter choice takes precedence. Objective analysis was used to develop the original staff recommendation, considering all factors. Council used objective analysis in forming its decision to institute the tax. Stating why shouldn't be perceived as campaigning. Any practical definition of objectivity has to recognize that judgment is involved in analysis. So part of the information has to include personal judgments and recommendations. We plan an information program that includes: A brochure that lists the pros and cons with the cons written by some of the opposing petitioners. After the information that goes into the brochure is assembled, Staff is recommending that the printing be contracted out to a local shop for typesetting and layout. Local shops will need approximately LO days to complete publishing. • A slide show that illustrates the numbers better than print. This slide show will consist of approximately 30 slides. This will be a single slide projector presentation with no audio. Slides will include graphs and pictures of projects. Responding to whomsoever asks for information. Staff will respond to requests for information both in terms of answering questions and making presentations to groups who request it. We will make an effort to ensure that the information is objective. -55- January 18, 1983 ' Keeping track of our costs and reporting them according to the Campaign Reform Act. The memo from John Huisjen to Department Heads with attachments describes these requirements. This memo is sent under separate cover. We expect that these activities will cost the following: Brochure $ 850.00 Slide Show 800.00 Responding Keeping Track 4,500.00 TOTAL $ 6,150.00 Assuming that you concur with disseminating the above information, the following timetable has been put together that takes into account the time ' demands of the printer and preparation of a slide show: January 18 Council adopts a plan for dissemination. January 18-25 Councilmembers Horak and Clarke prepare pros and cons. January 25 Clean copy submited to printer. Jan. 25-Feb.9 Printing and preparation of slide show. Feb. 9-March Discussion with groups and distribution of information. There are a number of different methods to distribute the information. They include: 0 Stuffer in City utility bills. The City News at its present weight does not put us over the limit in terms of additional postage. We are however very near the limit. The cost per ounce of additional postage is 170. If the City News were left in the next billing cycle and an addi- tional stuffer equal in weight to the City News were inserted, -56- January 18, 1983 it is possible that we still would not reach overweight limit. We have checked with Foothills Gateway Center who weighs and stuffs our utility bills to determine if additional postage would be needed. They estimate that additional weight will not put us over the limit. Stuffer in Coloradoan. The cost to stuff here on a Sunday is $35 per 1,000 copies. Their circulation is 21,035 on Sunday. Cost for this method of dis- semination is $736.22. The Coloradoan needs 10 days lead time. Stuffer in Triangle Review. The cost to place a Stuffer is $20 per 1,000 copies. Their circulation is 26,500. Cost for this method of dissemination is $530.00. Of course the readership is different for the two papers as is method of delivery. Additional copies could be distributed to local retail stores and banking institutions. The City would use volunteers obtained through Gail Woods for this. Other methods of distribution were discussed and were determined to be not cost efficient or effective in reaching the number of people that need to be reached." Councilmember Elliott made a motion, seconded by Councilmember Knezovich, to adopt the Resolution relative to the .75% Sales and Use Tax Issues. Councilmember Knezovich asked if there were plans to utilize cable televi- sion in the dissemination of sales tax information. City Manager Arnold replied staff had discussed the idea and the thinking was the number of people watching Channel 27 was not high and that the program would not reach enough people to be cost effective. The vote on Councilmember Elliott's motion to adopt the Resolution was as follows: Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, and Miller. Nays: Councilmember Wilmarth. I THE MOTION CARRIED. -57- January 18, 1983 City Manager's Report City Manager Arnold reported on the contest to design a logo for the bike trails system. He presented a rendering of the winning logo. Councilmembers' Reports Councilmember Horak reported he had been elected the Chairman of the Council of Governments Executive Board at their last meeting. Mayor Cassell reported that he had been appointed to former Councilmember Reeves' position on the Policy Boards Advisory Council for American Public Power Association. He reported Platte River Power Authority was consider- ing refunding on one or two of PRPA's bond issues F and G. Other Business Councilmember Horak expressed concern about smoke from wood stoves and , fireplaces. He stated he had asked the Council of Governments to study this question and they found there was no good estimate of the number of stoves and fireplaces, the type, and amount of wood burned in Fort Collins. He suggested Planning staff design a random survey to determine wood stove and fireplace usage. It could then be determined if a problem exists in Fort Collins and then what action should be taken. Boards and Commissions Vacancies Council consensus was to appoint to the Planning and Zoning Board and the Zoning Board of Appeals from existing applications on file and to advertise for the vacant alternate position on the Water Board. The interviewing committees will be: Councilmembers Clarke and Knezovich - Planning & Zoning Board Councilmembers Elliott and Miller - Zoning Board of Appeals Councilmembers Cassell and Horak - Water Board Adjournment Councilmember Horak made a motion, seconded by Mayor Cassell, to adjourn I the meeting. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, Miller, and Wilmarth. Nays: None. no THE MOTION CARRIED. The meeting adjourned at 7:50 p.m. ATTEST: -S City Clerk Mayor -59- January 18, 1983