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HomeMy WebLinkAboutMINUTES-01/05/1982-Regular' January 5, 1982 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council -Manager Form of Government Regular Meeting - 5:30 p.m. Presentation of the Colors - Boy Scout Troop # 283 A regular meeting of the Council of the City of Fort Collins was held on Tuesday, January 5, 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 Councilmembers: Cassell, Clarke, Elliott, Horak, Knezovich, Reeves and Wilmarth. Staff Members Present: Arnold, Denton, Krajicek, Lewis Agenda Review: City Manager City Manager Arnold asked that 2 items, # 14, Resolution Authorizing the City Manager to Enter into an Agreement to Purchase Three Condominium Units Located At 234 North Grant Street in the City of Fort Collins, and # 21, 1,earing andFirst Rea ing o Or finance No. Approving the Downtown Development Authority s Ca 1 for a Specia Election on the Questions Regarding Issuance of Bonds, be withdrawn from the agenda to be considered at a later date. Councilmember Knezovich requested Item # 11, Hearing and First Reading of Ordinance No. 2, 1982, Authorizing the Transfer o Ap ropriate Amounts from the Street Oversizing Fund -to the Capital Projects Fund, be remove 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. 4. Consider approval of the minutes of the regular meeting of December 1-�, 39�and t e a gourned meeting of December 2 5. Second Reading of Ordinance No. 177, 1981, Adopting the 1982 City of Fort Collins Employee Pay Plan. ' This Ordinance was unanimously adopted on First Reading on December 15th and enacts the 1982 pay plan. The plan represents a 9.8`X in- -1- January 5, 1982 t crease in personnel costs for 1982. This increase is a cost of $1,588,000 to all funds for all positions in the City. This cost is within the budgeted amount previously set aside for 1982 salary improvements. 6. Second Reading of Ordinance No. 178, 1981, Relating to Payment In Lieu of Water Rights. This Ordinance was unanimously adopted on First Reading on December 15th and reduces the City's in -lieu -of cash rate downward to $1700 per acre-foot. The previous rate was $1900 as set in July of 1981. This adjustment to $1700 per acre-foot is a result of the declinr in the price of CBT water. 7. Second Reading of Ordinance No. 179, 1981, Relating to the Application and Renewal Fee for Concea ed Weapon Permits. This Ordinance was unanimously adopted on First Reading on December 15th, and increases the application fee for a concealed weapons permit to $100.00 and the annual renewal fee for said permit to $60.00. These changes are being recommended to ensure that the fees more I accurately reflect the costs associated with processing concealed weapons permits. 8. Second Reading of Ordinance No. 180, 1981, Repealing and Reenacti the Wastewater Utility Ordinance. This Ordinance was unanimously adopted on First Reading on December 15th and has also been discussed with Council at a recent Work Ses- sion. The primary task for the Water Utilities has been to improve the scope, detail, and documentation of the existing pretreatment program to meet the criteria for EPA program approval. This has resulted in the need to modify our existing Wastewater Utility ordi- nance to provide the City with the mechanism to operate and maintain a viable pretreatment program. 9. Second Reading of Ordinance No. 181, 1981, Appropriating Unanticipated Revenue in the Capital Projects Fund for the South Mason Street and Utility Improvement District No. 75. This Ordinance was unanimously adopted on First Reading on December 15th. In October, Council approved awarding of the utilities contract for the Improvement District to Stewart's Excavating, Inc., for $222,304. Anticipated proceeds from the sale of bonds need to be appropriated in I the Capital Projects Fund for project costs. -2- January 5, 1982 10. Hearing and First Reading of Ordinance No. 1pp , 1982, Aropriati Unanticipated Revenue in the Larimer County Library Services Fun In 1982, two library programs will be funded with monies from Larimer County. The City will receive $50,000 to provide Library Bookmobile service to residents of Larimer County and $17,260 to provide library services for correctional facility. inmates of Larimer County. This ordinance appropriates the total $67,260 to be received from Larimer County in 1982 in the Larimer County Library Services Fund. 11. Hearing and First Reading of Ordinance No. 2, 1982, Authorizin the Transfer of Appropriated Amounts from the Street Oversizing Fun to the Capital Projects Fund. Three locations warranting traffic signals are the intersections of Drake Road/Taft Hill Road, Horsetooth Road/J.F.K. Parkway, and Horsetooth Road/Mason Street. The total cost of all 3 projects is $84,500. This Ordinance will allow the transfer of funds for these 3 projects from the Street Oversizing Fund to the Capital Projects Fund. 12. Hearing and First Readi Bond Proceeds in the Capi of Ordinance No. 3, 1982, Appropriati Projects Fund. This Ordinance appropriates General Obligation Bond proceeds in the Capital Projects Fund as follows: $48,000 for water and sewer permit fee costs at Edora and Rolland Moore Parks and $46,450 for community park acquisition. 13. Resolution Approving Re�i ng to the Aver. an Agreement with the Poudre Landmarks Foundation House. This agreement between the City and the Poudre Landmarks Foundation relates to the ongoing relationship between the two for the renovation and maintenance of the Avery House, and is a continuation of previous agreements. 14. Resolution Authorizing the Ci Purchase Three Condominium Un the City of Fort Collins. This Resolution authorizes the City priate agreements to initiate the minium units under the CDBG program. -3- to Enter into an Agreement to At 234 North Grant Street in Manager to enter into the appro- option of purchasing three condo- 15 16. January 5, 1982 Resolutions Authorizing Contract with Private Insurance Company for Long Term Disability Insurance and Amending the Retirement Plan to A. Resolution Authorizing the City Manager to Enter into an Agreement with the Equitable Life Assurance Company to Provide Long Term Disability Benefits to City Employees. B. Resolution Amending the Restated General Employees' Retirement Plan by Deleting Provisions Relating to Long Term Disability Benefits. A part of the savings resulting from our retirement system changes made in September of 1981 has been put aside to accomplish the change- over to a private insurance company for the City's disability program. By removing this disability section from the retirement system and contracting with a private insurance carrier, we alleviate the risk of a catastrophic loss. of the Canvass of the Vine -Laporte -Taft Annexation Election The Vine -Laporte -Taft Annexation Election was held on December 15, 1981 to determine whether an approximate 70 acre parcel of property should be annexed to the City. A total of 28 ballots were cast by qualified property owners with the following results: For the Annexation: 14 Against the Annexation: 14 Ordinances on Second Reading were read by title by Wanda Krajicek, City Clerk. Item #5. Second Reading of Ordinance No. 177, 1981, Adopting the 1982 City of Fort Co ins Emp.ovee Pav Plan. Item #6. Second Reading of Ordinance No. 178, 1981, Relating to In Lieu of Water Rights. Item #7. Second Reading of Ordinance No. 179 1981 App ication and Renewal Fee for Conceale Item #8. Second Reading of Ordinance No. 180, 1981 enacting the Wastewater utility Ordinance. -4- Relating to Weapon Perm the ling and Re- ' January 5, 1982 Item #9. Second Reading of Ordinance No. 181, 1981, Appropriating Un- anticipated Revenue in the Capital Projects Fund for the South Mason Street and Uti ,ty Improvement District No: Ordinances on First Reading were read by title by Wanda Krajicek, City Clerk. Item #10. Hearing and First Reading of Ordinance No. 1, 1982, EA ro- priating nanticipate�Revenue in the Larimer County Li rary Services Fund. Item #11. Hearing and First Reading of Ordinance No. 2, 1982, Authorizing the Transfer of Appropriated Amounts from the Street Oversizing Fund to the Capital Projects Fund. Item #12. Hearing and First Reading of OrdinancProje No 3 1982 Appro- priating Bond Proceeds in the Capital ects Fund Councilmember Reeves made a motion, seconded by Councilmember Elliott, to adopt and approve all items not removed from the Consent Calendar. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich,, Reeves and Wilmarth. Nays: None. THE MOTION CARRIED. Ordinance Authorizing the Transfer of Appropriated Amounts from the Street Oversizing Fund to the Capital Projects Fund, Adopted on First Reading Following is the City Manager's memorandum on this item: "When the Street Oversizing Fund was established, it included a 14.6% factor for traffic engineering and construction expense to be used for traffic signal installation associated with new growth. Three traffic signal projects were identified and approved as projects which have re- sulted from growth and new development and should be funded through street oversizing monies. The three locations warranting traffic signals are the intersections of Drake Road/Taft Hill Road, Horsetooth Road/J.F.K. Parkway, and Horsetooth Road/Mason Street. These locations are being heavily impacted by current development and/or development which is planned for the immediate future. Drake Road/Taft Hill Road Intersection: This intersection is currently a ' 4-way stop. The residential development in the southwest section of the -5- January 5, 1982 City establishes a. priority for the use of Taft Hill Road and Drake Road for access to the central part of the City. A neighborhood shopping area with a supermarket is planned for construction at this location during the spring of 1982. Horsetooth Road/J.F.K. Parkway Intersection: This intersection, approxi- mately east of College_ Avenue has been classified as an arterial intersection by the Master Street Plan. Current development in the im- mediate area includes the Fort Collins National Bank, Foothills National Bank, and the Arena Project. The Arena Project will include a hotel convention facility, retail shops and office space. The developer of this project is currently improving J.F.K. Parkway and Horsetooth Road to meet city arterial standards. Horsetooth Road/Mason Street Intersection: This intersection is approxi- mately 800 west of College Avenue. The new Cottonwood Plaza (Albertsons) shopping area is reaching full occupancy. Additional development along College Avenue, including Furr's Cafeteria, is planned for 1982. Mason Street is scheduled to be completed to Troutman Parkway in 1982 and is an important alternate access route for this growing commercial area along ' .College Avenue. Project Cost of Phases Total Drake Road/Taft Hill Road Final Design $ 1,000.00 Construction 20,500.00 $21,500.00 Horsetooth/J.F.K. Parkway Final Design .$ 1,500.00 Construction 30,000.00 $31,500.00 Horsetooth/Mason Street Final Design $ 1,500.00 Construction 30,000.00 $31,500.00 Total of all 3 projects $84,500.00 The installation of the traffic signals on Horsetooth Road are planned in conjunction with a city road improvement project along this portion of Horsetooth Road. In the 1982 Street Oversizing Fund budget, $102,000 has been identified for traffic signal expense. Each traffic signal installa- tion must be handled as a capital project since it is over $10,000. The attached Ordinance will allow the transfer of funds for these 3 projects from the Street Oversizing Fund to the Capital Projects Fund and authorize spending as listed above. Staff recommends approval of this ordinance since the funding is available ' and appropriately identified as a result of new development." January 5, 1982 Councilmember Knezovich noted he had asked that this item be removed because of his concerns about the timetable for collecting the fees. He suggested staff study a method for collecting the fees at the time approval of the project is given. He added that he felt signals were not needed at the three locations mentioned and urged Council to defeat the Ordinance. Councilmember Knezovich made a motion, seconded by Mayor Wilmarth, to table Ordinance No. 2, 1982, on First Reading indefinitely. Councilmember Reeves asked for information regarding the warrants for the two signals on Horsetooth Road. She added she felt the signal at Drake and Taft Hill was important because of the proximity of Blevins Junior High. Councilmember Clarke asked if the traffic volume at those intersections justifies signals in order to provide safety to the citizens. City Manager Arnold replied that the cash -flow in the Street Oversizing Fund does not come in at the time an expenditure needs to be made partly because of the lead time between planning and construction of large ' projects. With the increase in sales tax for capital projects, the City still operates from a financially sound position. The cash flow is there although not in the specific fund. He then detailed the increases in traffic count numbers which were the justification and warrant for the three signals requests. He noted the traffic counts met the uniform manual warrants and recommended the projects be authorized. Councilmember Elliott asked if these signals would be tied into the City's computerized signal system. Transportation Services Director Bob Lee replied that every new signal installed in the City is programmed to go on the computer as soon as it is installed. Councilmember Cassell asked the record show he abstained from voting on this item as one of the signals is located in front of his place of busi- ness. The vote on Councilmember Knezovich's motion to table Ordinance No. 2, 1982, on First Reading, indefinitely was as follows: Yeas: Councilmember Knezovich. Nays: Councilmembers Clarke, Elliott, Horak, Reeves and Wilmarth. (Cassell abstained). I THE MOTION FAILED. -7- 1 January 5, 1982 Councilmember Clarke made a motion, seconded by Councilmember Reeves, to adopt Ordinance No. 2, 1982, on First Reading. Yeas: Councilmembers Clarke, Elliott, Horak, Reeves and Wilmarth. Nays: Councilmember Knezovich (Cassell abstained). THE MOTION CARRIED. Ordinances Setting the Salaries of the City Manager, Municipal Judge, and City Attorney, Adopted on First Reading Following is the City Manager's memorandum on this item: "A. Hearing and First Reading of Ordinance No. 5, 1982, Setting the Salary of the City Manager. The salary of City Manager John Arnold is currently set at $50,000 per year. Council needs to determine the 1982 salary rate and adopt the Ordinance after inserting the new dollar amount. The new salary will be effective on January 4, 1982. B. Hearing and First Reading of Ordinance No. 6, 1982, Setting the Salary of the Municipal Judge. The salary of Municipal Judge John Tobin is currently set at $34,826 per year. Council needs to determine the 1982 salary rate and adopt the Ordinance after inserting the new dollar amount. The effective date of the new salary will be January 4, 1982. C. Hearing and First Reading of Ordinance No. 7, 1982, Setting the Salary of the City Attorney. The salary of the City Attorney is currently set at $33,000 per year by City Ordinance. The employment contract with new City Attorney John Huisjen has set the salary for the position at $36,000 per year. The attached Ordinance reflects that new salary rate, to take effect on February 1, 1982, when Mr. Huisjen will take office." Mayor Wilmarth noted these salaries had been discussed at some length at earlier Council sessions and had been given considerable Council time and attention. Judge Tobin pointed out that County judge's salaries would be $40,500 this I year, but noted he was satisfied with this figure. 11:12 January 5, 1982 Councilmember Knezovich made a motion, seconded by Councilmember Cassell, to adopt Ordinance No. 5, 1982, Setting the Salary of the City Manager at $56,000 per annum. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, Reeves and Wilmarth. Nays: None. THE MOTION CARRIED. Councilmember Clarke made a motion, seconded by Councilmember Elliott, to adopt Ordinance No. 6, 1982, Setting the Salary of the Municipal Judge at $38,500 per annum. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, Reeves and Wilmarth. Nays: None. THE MOTION CARRIED. Councilmember Cassell made a motion, seconded by Councilmember Reeves, to adopt Ordinance No. 7, 1982, Setting the Salary of the City Attorney at $36,000 per annum. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, Reeves and Wilmarth. Nays: None. THE MOTION CARRIED. Resolution Appointing John H. Huisjen as City Attorney, Adopted Following is the City Manager's memorandum on this item: "The attached Resolution formalizes the appointment of John H. Huisjen as City Attorney to replace Lucia Liley, who resigned on December 1st. The appointment of Mr. Huisjen is effective February 1, 1982 and is subject to the terms of an employment agreement entered into on December 11th. Until Mr. Huisjen takes office, Greg Denton will continue to serve as Acting City Attorney." Councilmember Reeves made a motion, seconded by Councilmember Cassell, to adopt the Resolution. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, Reeves and Wilmarth. Nays: None. THE MOTION CARRIED. Resolution Appointing Donald J. Weinland as Assistant Municipal Judge Adopted as Amended Following is the City Manager's memorandum on this item: M January 5, 1982 "Last January, the City Council adopted a Resolution appointing Donald Weinland as an Assistant Municipal Judge for a one-year term ending De- cember 31, 1981. The Assistant Municipal Judge serves in the absence of the Municipal Judge. The attached Resolution appoints Mr. Weinland as Assistant Municipal Judge for a term to run until July 1, 1983, which will coincide with the biennial appointment of the Municipal Judge." Acting City Attorney Denton recommended the Resolution be amended to reflect January. 5, 1982 as the beginning date of Mr. Weinland's term. Councilmember Reeves made a motion, seconded by Councilmember Knezovich, to amend the Resolution to reflect January 5, 1982, as the beginning date of Mr. Weinland's term. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, Reeves and Wilmarth. Nays: None. THE MOTION CARRIED. Councilmember Clarke made a motion, seconded by Councilmember Elliott, ' to adopt the Resolution as amended. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, Reeves and Wilmarth. Nays: None. THE MOTION CARRIED. Resolution Making Findings on an Appeal of a Decision of the Liquor Licensing Authority Relating to North College Liquors, 814 North College Avenue Following is the City Manager's memorandum on this item: "On December 15th, Council heard an on -the -record appeal from North College Liquors relating to the decision of the Liquor Licensing Authority to suspend that license for three days. The Liquor Licensing Authority deci- sion followed a show/cause hearing relating to a violation of the liquor laws that occurred on September 11th. Council determined that a violation did occur on September 11th and then found that a two-day suspension of the license would be appropriate, with the premises to be posted and with the suspension to take place after January 1, 1982, during normal business days for two consecutive days. The attached Resolution formalizes the findings of the Council. The outlet ' has advised the City Clerk's office that the suspension will be served and the premises will be posted on January 4 and January .5, 1982." -10- ' January 5, 1982 Mayor Wilmarth asked the record to show he did not vote or participate in the discussion of this item and asked Assistant Mayor Cassell to preside. Councilmember Elliott made a motion, seconded by Councilmember Reeves, to adopt the Resolution. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich and Reeves. Nays: None. (Wilmarth withdrawn). THE MOTION CARRIED. Resolution Approving the Fire Protection and Emergency Services Master Plan but Deferring for Additional Study Recommendation 8 which Deals with Retroactive Sprinkler Installation Following is the City Manager's memorandum on this item: "The Fire Protection and Emergency Services Master Plan was developed to better protect the citizens of our community. The Master Plan is the result of two years of data collection, analysis, and citizen in- Put. The Master Plan represents a departure from traditional fire service practices. This departure is evident by the emphasis on fire prevention and built-in fire protection as opposed to reliance on more costly manual fire suppression techniques. Since the major area of opposition is with the retroactive sprinkler proposal, the Poudre Fire Authority Board of Directors has recommended approval of the Master Plan without this proposal. The reason for this decision is as follows: There is much to be gained by passing the Master Plan without the retroactive sprinkler portion. Most obviously, if the Master Plan is approved, and we then progress with the code development for new construc- tion, we will have in -place, built-in fire protection measures for a future time when the economy and new construction pick up. More analysis needs to be done in regard to existing high-rise buildings. We should continue to monitor and encourage CSU's efforts to deal with fire safety. Perhaps we should get specific cost estimates for sprinkler installation in the downtown high-rises ' and/or bring in an independent consultant to analyze the fire safety problem. -11- 1 January 5, 1982 Should you decide to move on the Master Plan without retroactive sprink- lers, we should emphasize that the downtown manning levels could not be safely reduced, and therefore the resulting cost savings would not be realized. Finally, since we do not want to abandon the superior life safety char- acteristics of sprinkler systems, we believe it would be advisable to establish a schedule of times and events for 1982 which should be under- taken to pursue the retroactive sprinkler issue. There have been several additions and minor changes in the first draft of the Master Plan which in no way alter the intent of the Master Plan. These changes include: Clarification of Planning Assumption 2. This assumption is that structure fires must be extinguished before the flashover stage if deaths, injuries, and loss are to be minimized". Flashover is that point in the progression of a fire when the fire spread rapidly accelerates. Since the flash- ' over concept is so important, we have explained it in more detail. Clarification of Planning Assum tion 8. This assumption is t at t ere is not currently enough built-in fire protection installed to substantially alter present fire- fighting procedures or resources". In this section we are comparing the fire risk potential, or what there is to burn, with our firefighting capabilities. We have explained what factors impact risk potential, and explained how we separated buildings into "high risk", "moderate risk", and "low risk" categories. Clarification of Cost Ex lanations. The Master P an contains several recommendations that the Plan- ning Team believe are necessary to achieve the objectives. Each recommendation contains cost estimates which are broken down into three categories: "Cost to Poudre Fire Authority", "Cost to New Development", and "Cost to Existing Development". We have defined these categories and associated cost estimates. Addition of a Baseline Chart. This chart illustrates how the Master Plan differs from past procedures and the resulting reduction in future manpower lev- els. Current estimates are that each firefighter costs approxi- mately $30,000 annually (salary, benefits,,equipment). ' -12- January 5, 1982 Addition of a glossa Correction of the maps to illustrate proper CSU campus loca- fions. — Councilmember Knezovich questioned why Council was acting on this Master Plan since he felt it was within the purview of the Poudre Fire Authority. Assistant City Attorney Denton noted that there was no contractual obliga- tion for Council to approve the Master Plan. However, in the future Council would be required to act on ordinances relating to fire protection and might want to make a statement of policy in agreement with the Master Plan so that the Authority could rely on the position of the City with regard to fire protection. Councilmember Knezovich asked Mayor Wilmarth to rule whether this Resolu- tion should be dealt with by Council or should be handled solely by the Poudre Fire Authority. Mayor Wilmarth asked for input from the rest of Council before making that decision. Councilmember Horak concurred with Councilmember Knezovich's comments and expressed his concerns about approving the Plan without ever having gone over the Plan in the same depth as the Authority. Councilmember Reeves stated that she felt Council should ratify the Author- ity's decision since Council would still be heavily involved in the budget process and the policy issues of the Authority. She added that she felt it would be helpful to have something on the record indicating Council appro- val. Councilmember Elliott concurred with Councilmember Reeves' statement and added that he felt because of the funding obligations the City has toward the Authority as well as the potential of building code adjustments, the Council should endorse and support the Master Plan. Councilmember Clarke stated he felt it was appropriate to take action on the Plan to give the Authority some specific guidelines. Mayor Wilmarth ruled that it was appropriate for Council to consider this Resolution, adding that he had been pursuaded by the statements of the representatives of the Fire Authority. Councilmember Horak noted he had problems supporting the Master Plan ' without seeing the revised document minus the component dealing with -13- January 5, 1982 retroactive sprinkler installations and without knowing the issues and concerns at the public hearing and resolution of those concerns. City Manager Arnold replied that eliminating the automatic sprinklers does have widespread implications throughout the Plan but not in the next few months. The issue would need to be resolved by approximately April 1, but the Authority wants to go ahead with all the other recommendations of the Plan in the interim period. The Plan would be amended and modified if the sprinkler issue is not resolved. Councilmember Cassell stated that the Master Plan merely lays out objec- tives and recommendations that don't require funding but indicate support for the Board. He suggested passage of the Resolution. John Power, Parklane Towers, suggested the Resolution be tabled until the whole Master Plan is ready, including resolution of the sprinkler issue. Councilmember Elliott made a motion, seconded by Councilmember Reeves, to adopt the Resolution. Yeas: Councilmembers Cassell, Clarke, Elliott, I Reeves and Wilmarth. Nays: Councilmembers Horak and Knezovich. THE MOTION CARRIED. Resolution Adopting a Policy Statement on Lease/Purchase in Conjunction with the Parking Commission, Adopted as Amended Following is the City Manager's memorandum on this item: "There is currently a need for 1,100 additional parking spaces in the downtown area. Complaints from potential downtown shoppers have increased during the holiday season. The attached resolution sets out a policy statement whereby the Parking Commission is authorized to recommend the acquisition of fee lots, using lease/purchase as the primary funding source. The Parking Commission is further instructed to work with willing sellers to develop lots that pay for themselves." Councilmember Horak questioned the negotiation process of the Parking Commission with the sellers, noting his concerns with regard to conflict of ' interest situations. -14- January 5, 1982 City Manager Arnold replied that the staff would do the negotiation with direction from the Parking Commission. Councilmember Reeves made a motion, seconded by Councilmember Cassell, to amend the policy statement by inserting the phrase "work in conjunction with staff to" between the words "shall" and "seek" in Section 2 of the policy statement. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, Reeves and Wilmarth. Nays: None. THE MOTION CARRIED. Councilmember Reeves made a motion, seconded by Councilmember Cassell, to adopt the Resolution as amended. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, Reeves and Wilmarth. Nays: None. THE MOTION CARRIED. Citizen Participation Mayor Wilmarth presented Finance Director Ron Wood and Controller Jim Harmon with the Certificate of Conformance awarded by the Municipal Finance Officer's Association. This award is the highest form of recognition in the area of governmental financial reporting and, to obtain a Certificate, a locality has to go beyond generally accepted standards of accounting and reporting and provide a comprehensive and easily readable document. Dale Carlson, 1805 Sheely Drive, representing Northern Larimer County Liquor Dealers Association, requested Council appoint one or two of its members to an ad hoc committee to provide open lines of communication between the Association and Council. Secretary's note: See motion making appointments to the ad hoc committee on page 21. City Manager's Report City Manager Arnold called Council's attention to his memo relating to the ICMA Affordable Communities program. He noted the City had been selected as one of five cities who have made significant results in regulatory reform and that he and Director of Planning and Development Curt Smith had been invited to a conference workshop to share their experiences. -15- January 5, 1982 Councilmembers' Report Councilmember Knezovich reported the new Downtown Development Authority Director William Kingsbury was now on board and requested a joint work session in the near future to resolve how Council and the Downtown Develop- ment Authority can share in whatever sales tax increments might be avail- able. Findings and Resolution Creating Urban Renewal Authority, Adopted as Amended Following is the City Manager's memorandum on this item: "A public hearing is scheduled following 7:30 p.m. for Council to hear public comments concerning the need to establish an Urban Renewal Au- thority. Under State law, a municipality has the power to establish such an Authority after conducting a public hearing and making a determination that one or more slum or blighted areas exist in the City and that the acquisi- tion, rehabilitation, conservation, development or redevelopment of such slum or blighted areas is in the interest of the public health, safety, morals or welfare of the residents of the City. Following the hearing, Council has the option of considering the two attached alternative Findings and Resolutions relating to the creation of an Urban Renewal Authority. Alternative A makes the findings that an Urban Renewal Authority should be created, and that the Mayor shall appoint the commissioners, subject to Council approval. Under State law, an Authority may have from 5 to 11 members. Alternative B makes the findings that an Urban Renewal Authority should be created and designates the City Council to act as the Authority. Upon the formation of the Urban Renewal Authority, Council may designate itself as the Authority. However, after the Urban Renewal Authority is established, it would take a vote of the people to have Council sit as the Authority. Depending on which option Council decides to take, the appropriate cer- tificates of appointment will be drawn up and filed in accordance with State law." Public Hearing No persons appeared to speak at this time. -16- 1 r January 5, 1982 Mayor Wilmarth questioned the definitions of the terms "slum or blighted" areas and the locations of such areas within the City of Fort Collins. City Manager Arnold noted that phrase has caused difficulty in many cities. He added that he preferred to think of it as improving properties rather than declaring them slums or blighted properties. He noted the 25 acres of railroad property in the downtown area were severely underdeveloped and that has a blighting effect. Federal regulations mandate such a deter- mination be made prior to the formation of an Urban Renewal Authority. Councilmember Horak read the definition of "slum and blighted" and stated he had problems seeing their applicability in the City of Fort Collins. He questioned what powers or advantages the Urban Renewal Authority would have over the combined powers of the Downtown Development Authority and Coun- cil. Councilmember Knezovich pointed out the key issue relative to creating an Urban Renewal Authority is that either Council or an appointed citizen Authority would be asked to enter into condemnations. While the Council ' has condemnation powers in areas of public purpose, the Urban Renewal Authority is needed to enter into condemnations that are not for a public purpose and to assist the Downtown Development Authority in that fashion. Councilmember Knezovich made a motion, seconded by Councilmember Cassell, to amend Section 1 of the findings by deleting everything after the first sentence of the section. Yeas: Councilmembers Cassell, Clarke, Elliott, Knezovich, Reeves and Wilmarth. Nays: Councilmember Horak. THE MOTION CARRIED. Councilmember Knezovich made a motion, seconded by Councilmember Clarke, to adopt the findings as amended. Yeas: Councilmembers Cassell, Clarke, Elliott, Knezovich, Reeves and Wilmarth. Nays: Councilmember Horak. THE MOTION CARRIED. Councilmember Cassell made a motion, seconded by Councilmember Clarke, to adopt the Resolution (Alternate B) Establishing an Urban Renewal Authority and designating the City Council as that Authority. Yeas: Councilmembers Cassell, Clarke, Elliott, Knezovich, Reeves and Wilmarth. Nays: Councilmember Horak. THE MOTION CARRIED. J -17- January 5, 1982 ' Report on Adjustment of Street Oversizing Fees Following is the City Manager's memorandum on this item: "Councilman John Clarke asked Staff to re-examine the methodology in ar- riving at the Street Oversizing Fee based on Staffs' last presentation of September, 1981. The original Ordinance (No. 112, 1979) was adopted based on an analysis of the "typical" section of developable land which divided the section into 628 acres of residential (with a density of 3.8 D.U./Ac) and 12 acres of commercial and industrial. The public lands (streets, parks, schools, and easements) were all included in the residential portion of land use. After comparing the City as a whole with the ten. sections which represent the areas of greatest growth within the past decade, staff was able to develop a "typical" section which, it believes, is more repre- sentative of present and future land use. In addition, the public lands were apportioned to each use in proportion to that use within the "typical" section rather than all to residential as was previously done. In addi- tion, the residential density was adjusted upward to reflect that trend (from 3.8 to 4.8 D.U./Ad . After calculating the fees on the revised land use breakout, it was noted ' that both commercial and industrial fees would be increased again, while residential fees would drop disproportionately. Therefore, without changing .the total revenue to be collected with the "typical" section, Staff recommends reapportioning the fee structure to allow a decrease in residential and commercial fees while holding industrial fees at their present rate. The. present fees were adjusted in September, 1981, and reflect increases in construction costs and the revised arterial and collector street standards. There were substantial increases in all three land use catagories. At a time when the development sector needs a boost, these September increases tend to result in a negative impact. Therefore reapportioning the fees, without changing the total revenue, will result in a decrease in fees which we believe should encourage an otherwise sagging sector of the economy. Staff recommends adjusting the Street Oversizing Fees as follows: FROM TO Residential $290.00/D.U. $230.00/D.U. Commercial $3,500/Goss Acre $3,000/Gross Acre Industrial $2,750/Gross Acre No Change" Councilmember Clarke noted his concern had to do with his feeling that staff was not using the proper weighting in the commercial area. The new ' fees are a step in the right direction. P January 5, 1982 Councilmember Knezovich asked whether the "typical section of land" is truly typical. City Manager Arnold replied that that information could be brought back with the ordinance adjusting the fees. Councilmember Reeves asked if there was a way to break out how much of the 220 acres are public lands (parks, schools, etc.) as opposed to streets, noting that information might have some bearing on how the fees were adjusted. City Manager Arnold replied that staff would do that. Councilmember Elliott asked that the ordinance spell out the percentages of decreases since they are substantial and would show the community and developers that the City has taken another look at the fees and reducing them. ' Resolution Making Appointments to the Senior Citizens' Board and the Commission on Disabilit; Following is the City Manager's memorandum on this item: "A vacancy exists on the Senior Citizens Board because of the resignation of Chester Hommon. Council needs to select a person to be appointed to the Board to fill his unexpired term, which runs until July 1, 1982. Both alternates, Demie Lyons-Basow and Yetta Rollin, are interested in being appointed to a full-time position. In addition, a letter has been received from Evelyn Husar stating that she will not be able to accept appointment at this time to the Commission on Disability. Instead, she will continue to serve on the Senior Citizens Board, although she has asked that her application remain on file for any future appointments to the Commission on Disability. Because of her withdrawal, a new appointment needs to be made to the Commission on Dis- ability for a term to expire on July 1, 1983. Applications received for the positions on the Senior Citizens Board and the Commission on Disability are included in the agenda for Council re- view." Councilmember Cassell made a motion, seconded by Councilmember Ree-,es, ' to appoint Yetta Rollin as the regular member to the Senior Citizens' Board and Alexander Pender as the alternate to that Board. Yeas: Councilmembers -19- January 5, 1982 Cassell, Clarke, Elliott, Horak, Knezovich, Reeves and Wilmarth. Nays: None. THE MOTION CARRIED. Councilmember Horak made a motion, seconded by Councilmember Cassell, to appoint Nancy Rising Jackson to the Commission on Disability.. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, Reeves and Wilmarth. Nays: None. THE MOTION CARRIED. Councilmember Cassell made a motion, seconded by Councilmember Reeves, to adopt the Resolution inserting the names listed above. Yeas: Council - members Cassell, Clarke, Elliott, Horak, Knezovich, Reeves and Wilmarth. Nays: None. THE MOTION CARRIED. Resolutions Authorizing Eminent Domain Proceedings to Acquire Property Needed for the Spring Creek Trail System, Tabled to February 2 Following is the City Manager's memorandum on this item: "A. Resolution Authorizing Eminent Domain Proceedings for Acquisition of the Hahn Property for the Spring Creek Trail Project. Resolution Authorizing Eminent Domain Proceedings for Acquisition of the Geriatrics, Inc. Property for the Spring Creek Trail Project. The attached Resolutions authorize eminent domain proceedings to acquire the remaining two parcels of property needed for the Spring Creek Trail Project. The City has already acquired 12 parcels in the Alpert Court to Lemay Avenue stretch of the Spring Creek Trail, and the Hahn and Geriatrics parcels are the only ones not yet acquired. These condemnations are the first necessitated to acquire property for any of the trails projects. Negotiations with these two property owners have reached an impasse, although discussions with the property owners continued during the con- struction design phase and the bid award process for the project. Council needs to decide whether to adopt the Resolutions authorizing the immediate initiation of condemnation proceedings, or to table the Resolutions until the February 2, 1982 meeting to allow -further negotiations. The bid has -20- January 5, 1982 been awarded for the project, and construction should begin as soon as the weather allows. Therefore, a decision will need to be made as soon as possible so that a notice to proceed can be issued to the contractor. The entire Trail System for the Poudre and Spring Creek has involved 37 parcel acquisitions. Sixteen parcels were obtained from willing sellers and 21 parcels were donated to the City." Councilmember Cassell noted he felt it was important to allow these persons every .opportunity to settle prior to condemnation and suggested tabling to February 2 since he felt time would not harm the City's process and might even speed the process. He asked staff to proceed with the appraisals and noted that Councilmembers would make another attempt at resolving the issue before February 2. Councilmember Knezovich urged defeat of the motion to table so that the City could get on with the acquisition of the parcels. Councilmember Cassell made a motion, seconded by Councilmember Reeves, ' to table the Resolutions until February 2. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Reeves and Wilmarth. Nays: Councilmember Knezo- vich. THE MOTION CARRIED. Other Business Councilmember Elliott noted representatives to the Poudre Fire Authority Board of Directors needed to be appointed. Councilmember Cassell made a motion, seconded by Councilmember Clarke, to appoint Councilmembers Elliott and Reeves as representatives to the Poudre Fire Authority Board of Directors. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, Reeves and Wilmarth. Nays: None. THE MOTION CARRIED. Councilmember Clarke made a motion, seconded by Councilmember Cassell, to appoint Councilmembers Elliott and Knezovich as Council representatives to the ad hoc committee to meet with the Northern Colorado Liquor Dealers Association. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, Reeves and Wilmarth. Nays: None., ' THE MOTION CARRIED. -21- January 5, 1982 Adjournment Councilmember Horak made a motion, seconded by Councilmember Cassell, to adjourn the meeting. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, Reeves and Wilmarth. Nays: None. THE MOTION CARRIED. The meeting adjourned at 9:15 p.m. ATTEST: City Clerk Mayor / - 1 -22-