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HomeMy WebLinkAboutMINUTES-08/16/1983-RegularLJ August 16, 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, August 16, 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: Clarke, Elliott, Knezovich, Ohlson, and Rutstein. Councilmembers Absent: Horak. Staff Members Present: Meitl, Huisjen, Lewis, M. Davis, Wood, C. Smith, Helburg. Ed Stoner was sworn by Deputy City Clerk Molly Davis and took his seat on the Council. Agenda Review: City Manager Deputy City Manager Meitl requested that Council substitute a revised version of Ordinance No. 109, 1983 in Agenda Item No. 11 to replace the version in the agenda packet which did not include the form of venire, and stated that approval on the consent agenda would include approval of the substitute ordinance. Deputy the Ci City Manager Meitl :y of Fort Collin Calendar. - withdrew s General nda Item No. 14, Resolution Amending ployees Retirement P an, rom t e Councilmember Stoner withdrew easements listed under Item No. 17(c), (3), (4), (5) and (6) from the Consent Calendar. Consent Calendar This Calendar is intended to allow the City Council to spend its time and energy on the important items on a lengthy agenda. Staff recommends approval of the Consent Calendar. Anyone may request an item on this calendar be "pulled" off the Consent Calendar and considered separately. Agenda items pulled from the Consent Calendar will be considered separately under Agenda Item #28, 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. -392- August 16, 1983 ' 5. on Approving the Minutes of the regular meeting of August 2 and t i specia meeting ot July 6. Second Reading of Ordinance No. 103, 1983, Appropriating Prior Year Reserves in the General Fund to Pay for the Operations and Maintenance Costs of t e Community Parks Improved by 1981 Bond Issue Fun ing. This Ordinance was adopted on First Reading by a 6-0 vote at the August 2 meeting. Funding to pay for the 1983 0&M costs of all the Community Parks improved by 1981 Bond Issue money was "Frozen" by City Council earlier this year. On January 4, 1983, Council passed Resolution 83-14, which froze the Appropriation to the Parks Division in the amount of $186,134, pending the outcome of the March 8th election. The actual amount of funds needed in 1983 to pay for the 0&M costs has been revised to $195,331, which has been identified in the 1984 Budget -Policy Analysis. The additional $9,197 covers the increased costs of fertilizer, tools, labor and tree maintenance, plus having to take over the maintenance of Rolland Moore Park one month earlier than originally anticipated. Staff recommends Council adopt this Ordinance which appropriates the ' total $195,331 in the General Fund. General Fund Prior Year Reserves will be used to cover the appropriation, rather than the originally intended sources of the 3144 sales tax. The original appropriation will remain frozen until the end of the fiscal year at which time it will lapse. 7. Second Reading of Ordinance No. 104, 1983, Appropriating Prior Year Reserves in the General Fund. This Ordinance was adopted on First Reading by a 6-0 vote on August 2. When the City's 1983 Budget was adopted, the Revenue Allocation Formula had not yet been approved and the City's contribution was established at $2,944,003. Based upon the adopted Revenue Allocation Formula, the City's 1983 contribution to the Poudre Fire Authority should be $3,105,542. At this time, we are requesting City Council approval of this Ordinance appropriating the difference between the City's contribution as established by the Revenue Allocation Formula and the amount included in the adopted Budget: Revenue Allocation Formula $3,105,542 1983 Adopted Budget (2,944,003) Difference $ 161,539 ' -393- 1 El 7 10 1 August 16, 1983 Prior year reserves are available in the General Fund for this appro- priation. Second Reading of Ordinance No. 105, 1983, Designating 202 Remington as an Historic Landmark. This Ordinance was adopted on First Reading on August 2 by a 6-0 vote. For the past several months, the Cultural Resources Board, through its Historical Properties Identification Sub -Committee, has been investi- gating properties within the city limits for the purpose of preparing a select group which the Board feels may qualify for local historic designation. The structure at 202 Remington is one of the buildings which the Board selected to study more closely for prospective designation. Hearing and First Reading of Ordinance No. 107, 1983, Amending Section 82-2 of the Code of the City of Fort Collins Relating to Expenditures Made from the Park Acquisition Fund. Staff recommends Council amend Section 82-2 of the Code, allowing for the payment of administrative costs and the purchase of site equipment and plantings from the Parkland fund. Hearing and First Reading of Ordinance No. 108, 1983, Appropriating Prior Year Reserves in t e Capita Projects Fun to Re aint t e Fort Collins Community Pool Indoor Pool . Staff requests $21,500 be appropriated to sandblast and repaint the Indoor Pool, with work scheduled to begin in December, 1983. The pool shell was inspected in early May, 1983. There are many areas where the paint has worn away and minor corrosion or sloughing off of the aluminum has begun. These areas would retain their integrity, if repainted. Funds are available in the Capital Projects Fund Reserve for this project. Capital Projects Fund Reserve Balance - as of August 15, 1983 $787,780 Indoor Pool Painting $ 21,500 Total Remaining: $766,280 -394- 11. Heari i 7, Ar R and First Readi cle 1 of the C to Jury Tria August 16, 1983 ' ng of Ordinance No. 109, 1983, Amending Chapter ode of the City of Fort Collins Insofar As It This amendment changes the circumstances under which a defendant may demand six (6) jurors rather than three (3) to try a Municipal Court case. The proposed amendment limits the circumstances under which a defen- dant may request a six (6) person jury to cases involving violations other than violations of Chapter 114, Vehicles and Traffic, of the Code. In other words, jury trials of traffic violations would always be tried to a three (3) person jury while other violations would be tried to a jury of from three (3) to six (6) persons, depending upon the number of jurors requested in the jury demand. 12. Hearing and First Reading of Ordinance No. 110, 1983, Amending Various Sections of Chapter 114 of the Code of the City of Fort Collins Relating to the "Model ra is Code for Colorado Municipalities," E ition. The current Model Traffic Code (Chapter 114) was adopted in May of 1982. The amendments contained in this Ordinance are recommended by the Police Department, Traffic Engineering and the City Attorney's office. The majority of the amendments serve to update the Code to reflect substantive changes in State law. The other amendments are designed to address local concerns not currently covered by the Code. 13. Hearing and First Reading of Ordinance No. 111, 1983, Amending C 88 of the Code of the City of Fort Collins as it Pertains Disposal of Confiscated Weapons. The Police Department frequently receives firearms, knives, clubs, numchucks, etc. into custody. These weapons come from a variety of incident types such as assaults, suicides, disturbances, robberies, recovered stolen property, safe keeping situations, and citizen turn -ins. Most are eventually returned to lawful owners following case disposition. However, a sizeable number remain in police custody each year. The Colorado Bureau of Investigations expressed a willingness to accept all weapons which the department would like to dispose of. The CBI would use the majority of these weapons to supplement their ballistics laboratory. Any unsafe firearms, valueless clubs, knives, etc. would be destroyed under strict CBI supervision. -395- 1 J August 16, 1983 The CBI has already been designated by the state legislature (18-12- 103.5) as the repository for any firearms with altered or defaced serial numbers seized by law enforcement agencies. Therefore, using the CBI for this expanded purpose seems natural. 14. Resolution Amending the City of Fort Collins General Employees Re- tirement Plan. 15 16 In 1983, A.S. Hansen, Inc., as a result of its actuarial review of the retirement plan, recommended a number of amendments that would restate the disability provisions of the plan rather than delete all refer- ences to disability. The recommended amendments will have no impact on the City's contribution rate for the plan. The General Employees Retirement Board reviewed the amendments and has recommended approval. Resolution Designating an Emergency Response Authority for Hazardous Substance Incidents Occurring within the City Limits of the City o ort Goiiins. Section 29-22-102, C.R.S. 1973, as amended, requires the governing body of each municipality to designate an emergency response authority for hazardous substance incidents which may occur within the corporate limits of the municipality. In 1980 the Poudre Fire Authority developed a hazardous materials response team to deal with this threat. Consequently, the Poudre Fire Authority is the most qualified body to become the emergency response authority. Resolution Granting CSU the Right to Construct and Install Conduits for its Telephone System on Certain Streets Within the Corporate Limits of the City. Colorado State University is purchasing their in-house telephone system from Mountain Bell and will be unable to continue to use certain off -site Bell facilities. Therefore, in order to service such facilities as the Foothills Campus, married student housing, the University Services Center and others, they must cross or occupy certain streets within the City. The resolution constitutes a revocable permit which will allow the University's telephone system to occupy a portion of our streets similar to other utilities' systems. -396- August 16, 1983 1 17. Routine Easements. a) Powerline easement from 518 Laurel Partnership located at 518 Laurel Street. b) Powerline easement from George A. and James A. Scavo, located in the area bounded by Willox Lane, Valley View Lane, paulding Lane, and Ridgecrest Road. c) Dedication of Easements from the grantors listed below for right- of-way and utility easements needed for Special Improvement District No. 77 (Boardwalk and Landings Drive) located east of College Avenue and south of Horsetooth Road. 1) James P. Petersen (Lot 17, Observatory Heights): Boardwalk Drive Permanent Right -of -Way, 8' Utility Easement, 32' Tem- porary Construction Easement. 2) Osprey, Inc. (north and adjacent to Fountainhead P.U.D.): 10' Utili ty Easement. 3) Osprey, Inc. (Jetty Condominiums): Landings Drive Permanent I Right -of -Way, 30' Permanent Easement, 10' Temporary Construc- tion Easement. 4) Osprey, Inc. (Jetty Condominiums): 20' Utility Easement. 5) Osprey, Inc. and Ridge Venture (Ridge Venture and Jetty Condominiums Boardwalk Drive Permanent Right -of -Way, 8' Utility Easements, 30' Temporary Construction Easements. 6) Mayme I. Lestum (Lot 14, Observatory Heights): Landings Drive Permanent Right -of -Way, 10' Temporary Construction Easement. d) Deed of Easement from Oak Farm, Inc. for right-of-way needed for Harmony Road/Lemay Avenue Spec Improvement District No. 78, located south of Harmony Road. Ordinances on Second Reading were read by title by Molly Davis, Deputy City Clerk. Item #6. Second Reading of Ordinance No. 103, 1983, Appropriating Prior Year Reserves inn t�ral Fun to Pay or t— ei Lions anZ Maintenance Costs of the Community Parks Improved by 1981 Bond Issue Fun ino. -397- I August 16, 1983 Item P . Second Reading of Ordinance No. 104, 1983, Appropriating Prior Year Reserves in the General Fund. Item #8. Second Reading of.Ordinance No. 105, 1983, Designating 202 Remington as an istoric Landmark. Ordinances on First Reading were read by title by Molly Davis, Deputy City Clerk. Item 749.. Hearing and First Reading of Ordinance No. 107, 1983, Amending Section -2 of the Code of the City o Fort Co ins Re ating to Expenditures Made rom the Par Acquisition Fund. Item #10. Hearing and First Reading of Ordinance No. 108, 1983, Appropri- ating Prior Year Reserves in the Capital Projects Fund to Repaint the Fort Collins Community Pool Indoor Pool). Item #11. Hearing and First Readiof ng of Ordinance No. 109, 1983, Amending Chapter 7, Article 1 the Code of the City of Fort Collins Insofar As It Re ates to Jury Tria s. Item 7112. Hearing and First Reading of Ordinance No. 110, 1983, Amending Various Sections of Chapter 114 of the Coe of the City of Fort Collins eating to the "Model ra is Coe for o ora o unic1- palities, 197 Edition. Item #13. Hearing and First Reading of Ordinance No. 111, 1983, Amending Chapter 88 of the Code of the City of Fort Collins as it Pertains to the.Disposal of Confiscated Weapons. Councilmember Clarke made a motion, seconded by Councilmember Ohlson, to adopt and approve all items not removed from the Consent Calendar. Yeas: Councilmembers Clarke, Elliott, Knezovich, Olhson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. Resolution Amending the City of Fort Collins General Employees Retirement Plan, Adopted as Amended Following is the staff's memorandum on this item: "In 1981, the City Council authorized the staff to request proposals to ' obtain insurance for long-term disability benefits to replace the dis- ability benefits provided in the General Employees Retirement Plan. August 16, 1983 ' This was done in order to take advantage of less expensive rates and broader coverage through an insurance package. On January 5, 1982, the City Council passed resolutions 82-3 and 82-4 which appointed Equitable Life Assurance Company as the provider of disability insurance and deleted all references to the disability provisions of the retirement plan. In 1983, A.S. Hansen, Inc., as a result of its actuarial review of the plan, recommended a number of amendments that would restate the disability provisions of the plan rather than delete all references to disability. The recommended amendments will have no impact on the City's contribution rate for the plan. The General Employees Retirement Board reviewed the amendments and has recommended approval." Finance Director Ron Wood requested the Resolution be amended to combine sections 7 and 8 of the original Resolution and make the effective date January 1, 1982, and change the last sentence in Section 6 to read "such spouse" rather than "his spouse". Councilmember Clarke made a motion, seconded by Councilmember Rutstein, to adopt Resolution 83-135 with the amendments noted. ' Don Mazanec, of A.S. Hansen and Company, presented a summary of the pro- posed changes to the retirement plan. He stated that the unfunded liabil- ity of the plan is approximately $1.8 million, and the program to pay this off is ahead of schedule. The vote on Councilmember Clarke's motion to adopt Resolution 83-135 as amended was as follows: Yeas: Councilmembers Clarke, Elliott, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. (Secretary's Note: Councilmember Elliott left the meeting at this point.) Easements for Boardwalk Special Improvement District #77, Approved Councilmember Stoner withdrew from the discussion on the following ease- ments because of a possible conflict of interest: c) Dedication of Easements from the grantors listed below for right- of-way and utility easements needed for Special Improvement District No. 77 (Boardwalk and Landings Drive) located east of I College Avenue and south of Horsetooth Road. ff9.. August 16, 1983 3) Osprey, Inc. (Jetty Condominiums): Landings Drive Permanent Right -of -Way, 30' Permanent Easement, 10' Temporary Construc- tion Easement. 4) Osprey, Inc. (Jetty Condominiums): 20' Utility Easement. 5) Osprey, Inc. and Ridge Venture (Ridge Venture and Jetty Condominiums): Boardwalk Drive Permanent Right -of -Way, 8' Utility Easements, 30' Temporary Construction Easements. 6) Mayme I. Lestum (Lot 14, Observatory Heights): Landings Drive Permanent g Right -of -Way, 10' Temporary Construction Easement. Councilmember Clarke made a motion, seconded by Councilmember Ohlson, to approve the easements listed. Yeas: Councilmembers Clarke, Knezovich, Ohlson, and Rutstein. Nays: None. (Councilmember Stoner withdrawn) THE MOTION CARRIED. Ordinance Annexing Approximately 500 Acres Known as East Vine Drive 7th Annexation, Adopted on Second Reading Following is the staff's memorandum on this item: "This Ordinance was adopted on First Reading by a 4-1 vote on July 19. The applicants are seeking to annex approximately 500.3 acres of property located north of East Vine Drive and on both sides of County Road 50. The area located east of County Road 9E and south of the Larimer and Weld Canal is not part of this annexation request. A small portion of this annexa- tion, approximately 24 acres in size, owned by Howard I. Holtzinger, et al., is located north of County Road 50 and east of County Road 11. Approximately 350 acres of this annexation, the portion on both sides of County Road 9E, north of the Larimer and Weld Canal and south of County Road 50, is owned by K & M Company, approximately 123 acres of this annexa- tion, located north of East Vine Drive, west of County Road 9E and south of the Larimer and Weld Canal, is owned by Summitview Properties. The re- maining 3.3 acres (approximately) of this annexation is made up by the East Vine Drive right-of-way and property south of East Vine Drive owned by the Burlington Northern Railroad. This annexation will achieve its one - sixth contiguity requirement with the boundaries of the City of Fort Collins when the City Council approved the East Vine Drive 6th Annexation. This annexation is a voluntary annexation in that 100% of the property ' owners of the area of annexation are in agreement with the annexation." -400- August 16, 1983 ' Councilmember Clarke made a motion, seconded by Councilmember Stoner, to adopt Ordinance No. 99, 1983 on Second Reading. Councilmember Stoner asked whether it would be a conflict of interest for him to vote on items he had considered and voted on while on the Planning and Zoning Board. City Attorney Huisjen stated he could see no conflict of interest in this. The vote.on Councilmember Clarke's motion to adopt Ordinance No. 99, 1983 on Second Reading was as follows: Yeas: Councilmembers Clarke, Knezovich, Ohlson, and Stoner. Nays: Councilmember Rutstein. THE MOTION CARRIED. Ordinance Zoning Property Known as East Vine Drive 7th Annexation, Adopted on Second Reading Following is the staff's memorandum on this item: "This Ordinance was adopted on First Reading by a 4-1 vote on July 19. ' The applicants are seeking to zone approximately 476.3 acres of property located north of East Vine Drive and on both sides of County Road 50. The requested zoning for this property is T-Transitional. A small portion of this annexation, approximately 24 acres in size, is located north of County Road 50 and east of County Road 11. The requested zoning for this property is R-L-P, Low Density Planned Residential." Councilmember Ohlson made a motion, seconded by Councilmember Stoner, to adopt Ordinance No. 100, 1983 on Second Reading. Yeas: Councilmembers Clarke, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. Resolution Creating a Cable Franchise Review Committee, Adopted Following is the staff's memorandum on this item: "The franchise provides for review of the cable company's performance at five year intervals. The first review is called for this fall. The franchise is not specific as to the elements of the review. The I Council or its designate must determine its own criteria. -401- 1 August 16, 1983 To do this the Review Committee will need to know what are reasonable expectations for performance. It will probably look at the technical aspects of cable systems, and at the company's construction and installa- tion work. The company's on -going service and its willingness and ability to deal with customer complaints and questions should also be reviewed. The company's role in the community, its provisions for public access, and the company's future plans are other areas of concern the Review Committee might want to look into. This is a broad review, requiring both technical expertise and a good understanding of community needs. The committee may need to hire expert counsel on some of the technical questions. In setting up the Review Committee, Council will want to see that CSU, PR-1, and Larimer County, are represented, Persons interested in public access should probably be included. The remaining three seats could go to informed members of the community. Staff can collect candidate names and background statements within the next two weeks. Appointment of Committee members could then be made September Councilmember Rutstein made a motion, seconded by Councilmember Ohlson, to ' adopt Resolution 83-138. Mayor Knezovich asked how the committee should be appointed. Deputy City Manager Meitl stated that staff is requesting direction on the appointment process, which could include advertising for applications and Council interviewing the applicants. He stated that staff was recommending that various areas of the community be represented, i.e. Poudre R-1, Larimer County, CSU, and persons interested in public access. Councilmember Stoner asked about the performance standards and the City's rights of recourse if problems are found by the committee. City Attorney Huisjen stated this is a five-year review to determine substantial compliance and make recommendations for future changes in equipment and services. Mayor Knezovich stated he would envision the committee holding public hearings, and the committee might also be able to put together standards to give direction on rates. Councilmember Clarke asked about funding for the committee's activities. -402- August 16, 1983 Deputy City Manager Meitl stated the funding has not been identified, although franchise fees go into the General Fund and that might be the appropriate source of funding. Councilmember Clarke suggested including representatives from a group that has expressed interest in a public access advisory board. The vote on Councilmember Rutstein's motion to adopt Resolution 83-138 was as follows: Yeas: Councilmembers Clarke, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. City Attorney's Report City Attorney Huisjen stated he was requesting an Executive Session at the end of the meeting to discuss legal matters relating to an adversarial situation concerning the indoor pool. Councilmembers' Reports Councilmember Clarke reported on letters he has received in response to his letter to the editor about relocating the railroad. Councilmember Stoner reported on the organizational meeting of the Airport Authority at which A.R. Chamberlain was elected President and Ed Stoner was elected Treasurer. Mayor Knezovich reported on upcoming PRPA meetings concerning the 1984 Budget. Councilmember Clarke reported that the ridership for Transfort has in- creased and the bus staff has initiated a newsletter called "Bus Buzz". (Secretary's Note: Councilmember Elliott returned to the meeting following the dinner recess.) Citizen Participation A. Proclamation declaring the week following August 16 as Trolley Week. Mayor Knezovich read the Proclamation which was received by Mark Bassett on behalf of the Fort Collins Municipal Railway Society. Mr. Bassett gave an update on the trolley car project. -403- IAugust 16, 1983 B. Proclamation for Fort Collins Recycling Week for the week of August 4- Mayor Knezovich read the Proclamation and presented it to Curtis Shepard of Recycle Something. Mayor Knezovich introduced Ken Peterson of Nor -Cola and Stan Small of Toddy's, who were also present for the reading of the Proclamation. C. Presentation of Award from Western Area Power Administration (WAPA). Peter Ungerman, Area Manager, and Mark Silverman, Director of Conserva- tion, presented the Western Area Power Administration's Conservation and Renewable Energy Award to Mayor Knezovich to recognize the City's efforts in energy conservation. Mayor Knezovich expressed the City's appreciation to Bill Carnahan and the Light and Power Department for their energy conservation efforts. Carolyn Haase, 2307 Sheffield Drive, asked about the report prepared by the Library Ad -Hoc Committee on library funding. Mayor Knezovich stated the report has been completed and will be made public. He commented that the report is encouraging as far as resolving the funding question and working toward eliminating user fees at the library. Resolution Appointing Councilmembers to Various Committee Assignments Following is the staff's memorandum on this item: "At the August 2nd Council meeting, the decision was made to postpone consideration of these committee assignments until the August 16th meeting, when newly appointed Councilmember Ed Stoner will be sworn in on the Council. These assignments need to be made to replace Councilmember Gary Cassell, who resigned effective August 1. The Committee assignments left vacant by Mr. Cassell's resignation from City Council are on the Council's Board of Ethics, the Finance Committee, an alternate position on the Contemporary Arts Study Committee, and the Board liaison positions with the Golf Board and the Senior Citizen Board." Councilmember Clarke made a motion, seconded by Councilmember Rutstein, to adopt Resolution 83-131 inserting the following names for committee assign- ments: -404- August 16, 1983 Board of Ethics - Bill Elliott Finance Committee - Ed Stoner Contemporary Arts Study Committee - Ed Stoner Golf Board Council Liaison - Ed Stoner Senior Citizen Board Council Liaison - Kelly Ohlson The vote on Councilmember Clarke's motion to adopt the Resolution was as follows: Yeas: Councilmembers Clarke, Elliott, Knezovich, Ohlson, Rut- stein, and Stoner. Nays: None. THE MOTION CARRIED. Resolution Making Appointments to Boards and Commissions Following is the staff's memorandum on this item: "At the August 2nd Council meeting, Council appointed Planning and Zoning Boardmember Ed Stoner to the City Council to replace District 4 representa- tive Gary Cassell. The appointment of Ed Stoner to the Council leaves a vacancy on the Planning and Zoning Board for a term to expire on July 1, 1984. Council's consensus at the August 2nd meeting was to bring back a Resolution at this meeting to appoint a replacement for Mr. Stoner on the Planning and Zoning Board, with a term to expire on July 1, 1984. A vacancy also exists on the Housing Authority because of the resignation of Scott Weiss. Council needs to appoint a replacement for a term to expire on July 1, 1986. There are two vacancies on the Human Relations Commission following resig- nations from Jeannie Smith and Charla Weiss. Two replacements need to be appointed for terms to expire on July 1, 1985 and July 1, 1986. One appointment needs to be made to the Retirement Committee for a term to expire on July 1, 1987. Don Botteron's term expired July 1, 1983 and staff is recommending his reappointment." Mayor Knezovich stated he would request nominations for appointments to these various vacancies. Councilmember Ohlson, seconded by Councilmember Rutstein, nominated Ken Bonetti for appointment to the Housing Authority for a term to expire on July 1, 1986. Councilmember Rutstein, seconded by Councilmember Clarke, nominated Janet Beyers for appointment to the Human Relations Commission for a term to expire on July 1, 1985. -405- 1 IAugust 16, 1983 Councilmember Rutstein, seconded by Councilmember Clarke, nominated Randy Ross for appointment to the Human Relations Commission for a term to expire on July 1, 1986. Councilmember Rutstein, seconded by Councilmember Ohlson, nominated Sharon Brown for appointment to the Planning and Zoning Board for a term to expire on July 1, 1984. Councilmember Stoner, seconded by Mayor Knezovich, nominated Randy Larsen for appointment to the Planning and Zoning Board for a term to expire on July 1, 1984. Planning and Zoning Board Chairman David Gilfillan, 2219 Ouray Court, supported the appointment of Randy Larsen to the Planning and Zoning Board, stating that it has been the usual practice to appoint alternates to full-time board positions when vacancies occur. Carolyn Haase, 2307 Sheffield Drive, stated that alternates should receive first consideration for appointment to full membership on boards. She suggested equitable consideration be given to other candidates from the 26 active applications for the Planning and Zoning Board. Mary Margaret, 1317 Lakewood, asked if Councilmember Clarke would be held to a statement made at the August 2nd meeting regarding support for ap- pointment of Sharon Brown to the Planning and Zoning Board. Councilmember Rutstein stated her support for appointing Sharon Brown, stating that there is currently no written policy on appointment of alter- nates to full-time vacancies and the appointment procedure may need some discussion. Councilmember Stoner expressed support for appointing Randy Larsen. Mayor Knezovich spoke in support of achieving broad community representa- tion on the various boards. Mayor Knezovich requested a straw vote on the two nominations for the appointment to the Planning and Zoning Board with the following results: Clarke - Brown Elliott - Brown Knezovich - Brown Ohlson - Brown Rutstein - Brown Stoner - Brown -406- August 16, 1983 ' Councilmember Rutstein, seconded by Councilmember Elliott, nominated Don Botteron for appointment to the Retirement Committee for a term to expire on July 1, 1987. Councilmember Rutstein made a motion, seconded by Councilmember Elliott, to adopt Resolution 83-139 with the following names inserted: Expiration of Term Housing Authority Ken Bonetti July 1, 1986 Human Relation Commission Janet Beyers July 1, 1985 Randy Ross July 1, 1986 Planninq and Zoninq Board Sharon Brown July 1, 1984 Retirement Committee ' Don Botteron July 1, 1987 The vote on Councilmember Rutstein's motion to adopt the Resolution was as follows: Yeas: Councilmembers Clarke, Elliott, Knezovich, Ohlson, Rut- stein, and Stoner. Nays: None. THE MOTION CARRIED. Councilmembers' Reports (continued) Councilmember Elliott reported there would be a Poudre Fire Authority meeting on August 23rd. Ron Uthmann of the Fire Department reported that the mil levy question on the ballot for the District election passed by a margin of about 2 to 1. Discussion Concerning Indoor Pool Arbitration with Poudre R-1 City Attorney Huisjen stated an Executive Session was requested to discuss this legal matter and an adversarial situation in connection with the I indoor pool. -407- I August 16, 1983 Mayor Knezovich asked for direction in connection with a March 5, 1973 contract with Poudre R-1 School District relating to the indoor pool, as it relates to the School District's annual financial contribution of $18,500 toward operation and maintenance costs. Councilmember Clarke made a motion, seconded by Councilmember Rutstein, to adjourn into Executive Session to discuss legal matters in connection with the indoor pool agreement with Poudre R-1 School District. Councilmember Stoner stated he would oppose Executive Sessions except for purchase of property. The vote on Councilmember Clarke's motion to adjourn into Executive Session was as follows: Yeas: Councilmembers Clarke, Knezovich, and Rutstein. Nays: Councilmembers Elliott, Ohlson, and Stoner. THE MOTION FAILED TO PASS. Mayor Knezovich summarized the provisions of the 1973 contract, under which the School District agreed to convey property for construction of a swim- ming pool and the City agreed to construct the pool. The City agreed to operate and maintain the pool, and the School District agreed to reimburse the City for 0&M costs associated with the District's use of the pool. The District is entitled to approximately 40% of the total use of the pool. Councilmember Elliott spoke about the history of negotiations with Poudre R-1 on this issue, and suggested new negotiations with the current School Board. Mayor Knezovich stated that the issue has not been resolved in spite of repeated efforts at negotiation dating back to 1973. Councilmember Clarke stated the agreement is not in favor of the City and he does not foresee any changes in the School District's position. He suggested arbitration as the only way to solve the problem. Councilmember Stoner asked about the School District's use of the pool and the cost to the City for operation and maintenance. Mayor Knezovich summarized the 1976 negotiations at which the current $18,500 payment was agreed upon as the School District's fair share of the cost at the time for 40% of the use of the pool. He commented that current costs are much higher, and the pool needs up to $1,200,000 of rehabilita- tion work for which the School District accepts no responsibility. Councilmember Elliott asked about the possibility of closing the pool as a ' vehicle for arbitration. M August 16, 1983 ' Councilmember Clarke expressed concerns that 60% of the pool users are involved in City Parks and Recreation program, but he stated that the 1976 District payment was intended for one year and has now continued into the eighth year. He supported arbitration. Councilmember Ohlson stated the current agreement is not in the City's best interest, and he supported a fair share payment from Poudre R-1. Mayor Knezovich requested Council's concurrence to enter arbitration proceedings and to make demand of the School District to name an arbitrator to begin the arbitration process, as provided for in the 1973 agreement. Councilmember Elliott commented on the budget impact and supported arbitra- tion. Councilmember Rutstein made a motion, seconded by Councilmember Clarke, to pursue arbitration procedures as outlined in the contract, unless Poudre R-1 arrives at a sincere negotiating position. Deputy City Manager Meitl stated that staff perceives two issues: (1) whether the contract is fair and equitable for operating costs, and (2) the question of negotiations on capital needs and long range aquatic needs for I the community. He suggested making a formal request to Poudre R-1 for payment of a specific amount and pursuing arbitration if the School Dis- trict is not responsive. Mayor Knezovich stated the District has had opportunities to respond and he supports arbitration in view of the mounting repair costs to the pool. Councilmember Clarke supported taking a specific dollar amount to the School District in arbitration to resolve the immediate issue of operating costs. Long range needs can be addressed at a later time. Councilmember Rutstein asked about definitions of "capital" and "O&M" costs. Deputy City Manager Meitl stated that interpretations vary, but replacement over time can be considered to be a maintenance cost. Mayor Knezovich suggested presenting a bill to Poudre R-1 for 40% of the cost of repainting the pool. The vote on Councilmember Rutstein's motion to pursue arbitration was as follows: Yeas: Councilmembers Clarke, Elliott, Knezovich, Ohlson, Rut- stein, and Stoner. Nays: None. THE MOTION CARRIED. -409- August 16, 1983 Adjournment Councilmember Ohlson made a motion, seconded by Councilmember Rutstein, to adjourn the meeting. Yeas: Councilmembers Clarke, Elliott, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None. The meeting adjourned at 9:00 p.m. \,\'ice \��� �c -410-