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HomeMy WebLinkAboutMINUTES-12/15/1981-RegularDecember 15, 1981 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council -Manager Form of Government Regular Meeting - 5:30 p.m. Presentation of the Colors - Webelos Den # 1. Councilwoman Reeves intro- duced the members of the Den. A regular meeting of the Council of the City of Fort Collins was held on Tuesday, December 15, 1981, 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, Davis, Lewis, Denton, Wood, Webber, C. Smith, M. Smith, F. Lee, R. Lee, and Krempel. Agenda Review: City Manager City Manager Arnold requested tabling of agenda item # 33, Resolutions Expressing the Intent and Agreement of the City To Provide Water and Sanitary Sewer Utility Services to the Area Lying Within Both the Boun- daries of the City of Fort Collins and The Fort Collins -Loveland Water District or the South Fort Collins Sanitation District, to December 22, 1981. He also asked that the meeting be adjourned to 12:00 noon on De- cember 22nd for the purpose of adjourning into executive session for legal and land acquisition items and to take action on the tabled Resolutions. Councilmember Horak asked that item # 8, Hearing and First Reading of Ordinance No. 177, 1981, Adopting the 1982 City of Fort Collins Employee Pay n, and it, # 21, Resolution Making Findings Concerning the Pre- liminary Plan of the Home Federal Savings and Loan PUD, be withdrawn from the consent calendar. Councilwoman Reeves requested that item # 9, Hearin Ordinance No. 178, 1981, Relating to Payment In. be withdrawn from the consent calendar. and First Reading of leof Water Rights Mayor Wilmarth requested that item # 11, Hearing and First Reading of Ordinance No. 180, 1981, Repealing and Reenactin the Wastewater Utility Ordinance, be withdrawn from the consent calendar. Councilmember Knezovich asked that item # 17, Resolutions Approving Agree- ments with Larimer County for Library Services, be withdrawn from the 528 December 15, 1981 consent agenda. He also requested withdrawal of item # 20, Resolution Making Findings Concerning the Appeal of the Armadillo Club, Inc., from the har;o;n, of +he I 1 ,, n..a L.2f.. .. 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 November 17, 1981, the adjourned meetings of November 23 and 24 and December 8. 5 W 7 the soecia Second Reading of Ordinance No. 171, 1981 Appropriating Unanticipated Revenue in the General Fund. This Ordinance was unanimously 17th and appropriates the $600 adopted on First Reading on November in from the Institute ' grant monies of Museum Services to be used for participation of the Fort Collins Museum in the Museum Assessment Program. Second Reading of Ordinance No. 172 1981 Appropriating Unanticipated Revenue in the Capital Projects Fund. This Ordinance was unanimously adopted on First Reading on November 17th and appropriates $58,984 to cover the cost of the issuance of $5,700,000 in Sales and Use Tax Revenue Bonds for street improvements. Second Reading of Ordinance No. 173, 1981, Appropriating Unanticipated Revenue in the Larimer County Community Development Block Grant Fund. This .Ordinance was unanimously adopted on First Reading on November 17th. On September 30, 1980, the City of Fort Collins signed an agreement with Larimer County wherein the City agreed to administer the Larimer County Community Development Block Grant program. At that time, the City appropriated $202,950 for housing rehabilitation and administra- tive costs. The County has now received an additional $115,050 under the COBG Program, which will also be used for rehabilitation of homes in the Larimer County target area and administrative costs. 529 ' December 15, 1981 8. Hearing and First Readinq_of Ordinance No. 177, 1981, Adopting the 19R� City of Fnrt Collins Emolovee Pay Plan. This ordinance enacts the 1982 pay plan. The plan represents a 9.8% increase 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. 9. Hearing and First Readinq of Ordinance No. 178, 1981, Relating to Payment In Lieu of Water Rights. _ In July of 1981, the City's in -lieu -of stock cash rate was reduced from $2200 to $1900. Since that time, the price of CBT water has declined further, indicating a need to again adjust the in -lieu -of rate. The Water Board and staff recommend that the City's in -lieu -of cash rate be adjusted downward to $1700 per acre-foot. 10. Hearing and First Reading of Ordinance No. 179, 1981, Relating to the Application and Renewal Fee for Concealed Weapon Permits. ' On August 5, 1980, Council authorized the Chief of Police to issue concealed weapon permits (Ordinance No. 100, 1980). At that time, the fee for said permits was set at $25.00 and the renewal fee at $15.00. During the year in which this ordinance has been in effect, it has been determined that these fees do not accurately reflect the costs associated with processing concealed weapon permits. Staff recommends that the application fee for a concealed weapons permit be increased to $100.00 and the annual renewal fee for said permit be increased to $60.00. 11. Hearing and First Reading of Ordinance No. 180, 1981, Repealing and Reenactino the Wastewater Utility Ordinance. This Ordinance was discussed with Council -at a recent work session and will provide the City with the mechanism to operate and maintain a viable pretreatment program. 12. Hearing and First Reading of Ordinance No. 181, 1981, Appropriati Unanticipated Revenue in the Capital Projects Fund _for the South Mas The South Mason Street and Utility Improvement District No. 75 was ' created by Ordinance No. 86, 1981, at the request of the property 530 13 14 15 December 15, 1981 owners. All project costs are accessible to them and there will be no costs to the City. This appropriation ordinance will incorporate project revenue and expenditures in the project tracking system in accordance with the Project Management/Control System. Resolution Changing the Name of Huntin I_ u<ii_ nnn r:1:_- n__ The applicant is requesting that the name of the approved PUD, Hun- tington Mews, Phase One, be changed to Huntington Hills PUD, First Filing. Staff has reviewed the request and recommends approval of the Resolution. Resolution Authorizing Street Name Changes in Huntington Hills PUD, Filing One. The applicant is requesting that six street names be changed in the Huntington Hills PUD First Filing. Huntington Mews was initially reviewed and approved by Larimer County. Subsequent annexation and PUD revisions were reviewed and approved by the Fort Collins Planning and Zoning Board. The Planning Division requested the developer change certain street names to avoid any duplications. The requested changes are: Champion Court to Ballina Court; Dewey Court to Tralee Court; Downing Court to Boyne Court; Everet Street to Colby Street; Rollins Drive to Dunne Drive; Tripp Drive to Derry Drive. Resolution Relating to Votes Allowed to the Fort Collins Urbanized Area in the Metropolitan Planning Organization. Earlier this year, Greeley and Fort Collins designated the Larimer- Weld Regional Council of Governments as the area's -Metropolitan Planning Organization. Larimer County and the City of Greeley and other communities within Greeley's urbanized area are also members. The number of votes allocated to each entity is based on the 1980 population figures of 65,092 for the City and 13,195 for the urbanized area of the County in the immediate Fort Collins area. Each of the urbanized areas participating in the MPO is allotted ten votes to distribute among the partipating communities. 531 16. Resolution A Code Publiohe December 15, 1981 rovinc the Addendum to Renewal Contract with Gener for Supplementation of City Code. In 1971, the City entered into contract with General Code Publishers of Spencerport, New York for codification and supplementation of the City Code. That contract was last renewed for a one year term in 1980, with expiration on December 31, 1981. The Addendum to this contract for Code services would extend the agreement for the period ending December 31, 1982. 17. Resolutions Approving Agreements with Larimer County for Library Services. A. Resolution Authorizing the City Manager to Enter into an Inter- governmental Agreement with Larimer County for the Purpose of Providing Library Services to Residents of Larimer County. B. Resolution Authorizing the City Manager to Enter into an Inter- governmental Agreement with Larimer County for the Purpose of Providing Library Bookmobile Service to Residents of Larimer County. C. Resolution Authorizing the City Manager to Enter into an Inter- governmental Agreement with Larimer County for the Purpose of Providing Library Services to the Inmates and Residents of Cor- rectional Facilities Operated by Larimer County. The three Resolutions approve agreements with Larimer County for library services. 18. Resolution Relating to the Purchase of Traffic Controllers for Com- puterized Master Traffic Control System. Multisonics System Controllers are currently in use at 16 locations. At present a purchase of traffic controllers totalling $212,710 is pending. The money to purchase these is part of the $476,391 Federal Aid to Urban Systems Grant. These controllers will be compatible with our present system. Council approval is needed because this is an exception to the bidding procedures as it is over $20,000. 532 19 20 21 22 December 15, 1981 ' Resolution Approving Agreements with Agencies to Provide Human Ser- vices. This Resolution authorizes the City Manager to sign contracts with 14 human service agencies to provide City funding in 1982, as recom- mended by the Larimer Human Resource Board. The total cost to the City for this program is $114,068 compared to a total of $104,628 allocated in 1981. Funding for these agencies will come out of revenue sharing funds. Since Larimer County and the City of Loveland also contribute to some of the agencies funded by Fort Collins, the contracts will be signed by each of the three entities. Resolution Making Findings Concerning the Appeal of the Armadillo Club, Inc., from the Decision of the Liquor Licensing Authority. The Liquor Licensing Authority conducted a show/cause hearing for the Armadillo Club, Inc., 354 Walnut, on October 28, 1981 concerning a liquor law violation. At the conclusion of the hearing, the Authority found that a violation of the Colorado Liquor Code did occur. and ordered a one -day suspension of the licensee's liquor license. On November 4, 1981, the City Clerk received an appeal from the decision of the Liquor Licensing Authority to the Council. On No- vember 17, 1981, the Council conducted a hearing on the record and directed that a Resolution be prepared for Council consideration setting forth findings on the appeal. Resolution Making Findings Concerning the Preliminary Plan of the Home Federal Savings and Loan PUD. On November 17, 1981, the Council conducted a public hearing con- cerning the appeal of the decision of the Planning and Zoning Board denying the preliminary plan of the Home Federal Savings and Loan PUD. After hearing testimony from both opponents and proponents of the Home Federal Savings and Loan PUD, the Council approved the prelimi- nary plans and granted the developer a variance to Criterion n3 of Point Chart E in the Business Service Uses category. This Resolution sets forth the Findings of Fact concerning the ap- proval of the preliminary plan of the Home Federal Savings and Loan PUD. Appeal from Decision of Planning and Zoning Board on the VKR P.U.D. An adjacent property owner has filed a letter of appeal relating to , the Planning and Zoning Board's decision�on the VKR P.U.D. preliminary 533 December 15, 1981 plan. The Board approved the P.U.D. on October 26th. The appellant has now requested that the hearing on the appeal be postponed to the first Council meeting in February. The developer concurs with this request. Staff recommends that Council table this item to February 2, 1982. 23. Routine Deeds and Easements. a) Easement .from the City of Fort Collins to Mountain States Tele- phone and Telegraph Company, for a buried telephone line located parallel to County Road 23C to serve Ridgeline Subdivision. This easement is needed to resolve a discrepancy between the actual location of the line and the recorded easement. Consideration: $10.00. b) Grant of Easement and Right of Way for Public Street from Colorado and Southern Railroad Company, located at the C & S tracks on Swallow Road, needed for the Swallow Road Crossing project. Construction is scheduled from February through August, 1982. ' Consideration: $10.00. c) Grant and Dedication of Easement from Deines Homes, Inc. located on Swallow Road at the Foothills Assembly of God Church, needed for the Swallow Road Crossing project. Construction is scheduled from February through August of 1982. This easement is being donated to the City. d) Right -of -Way Easement from George V. Von Vihl representing the Von Vihl Estate for a waterline/pedestrian path easement between Overland Trail Farms and the Von Vihl Heights 2nd Subdivision. This corrects an easement approved by Council in April and re- solves the estate problems noted at that time. Since this is a correction document, there is no consideration. e) Grant and Dedication of Easement from Loren and Willene Dilsaver for right-of-way for a portion of Horsetooth Road west of the Colorado and Southern railroad tracks. This dedication and the one following are taking place with the cooperation of these developers prior to completion of final platting of developments in this area. Consideration: Donation. - f) Grant and Dedication of Easement from Chism Homes, Inc. for part of Horsetooth Road located west of Windmill Drive and east of ' Shields. Consideration: Donation. 534 December 15, 1981 Ordinances on Second Reading were read by title by Molly Davis, Deputy City Clerk. Item # 5. Second Reading of Ordinance No. 171, 1981, Appropriating Unan- ticipated Revenue in the General Fund. Item # 6. Second Reading of Ordinance No. 172, 1981, Appropriating Unan- ticipated Revenue in the Capital Projects Fund.' Item # 7. Second Reading of Ordinance No. 173, 1981, AppropriatingUnan- ticipated Revenue in the Larimer County Community Development Block Grant Fund. Ordinances on First Reading were read by title by Molly Davis, Deputy City Clerk. Item # 8. Hearin and First Readingof Ordinance No. 177, 1981, Adopting the 98 City of Fort Collins Employee Pay Plan. Item # 9. Hearing and First Reading of Ordinance No. 178, 1981, Relating to Payment In Lieu of Water Rights. Item #10. Hearing and First Reading of Ordinance No. 179, 1981, Relating to the Application and Renewal Fee for Concealed Weapon Permits. Item #11. Hearinq and First Readinq of Ordinance No. 180, 1981, Repealing Item #12. Hearinq and First Reading of Ordinance No. 181,1981 oriatina Unanticipated Revenue in the Capital Projects the South Mason Street and Utility improvement uistrict NO, 5. Councilmember Cassell 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 Adopted on First•Reading Adopting the_1982 City of Fort Collins Employee Pay Plan Following is the City Manager's memorandum on this item: ' 535 December 15, 1981 "The attached ordinance enacts the 1982 pay plan. The plan represents a 9.8% increase 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. The attached compensation package is representative of the City's commit- ment to delivering a quality product. It is designed to attract quality employees and to retain them. It is based on an in-depth analysis of wages paid by competing employers within the relevant labor market. By remaining competitive, we can help insure the City can attract and retain quality people.. By remaining competitive, the City can then demand of its employees a high level of achievement. The pay plan is designed to meet the City Council's commitment to paying for performance. The compensation package was developed with the aid of all City departments and many employees to ensure that the City's compensation goals could be met. It also involves thorough.research into compensation philosophies and wages paid by both public entities and private industry within the Northern ' Colorado area. This combination of data collection and employee input has provided a product to help achieve the City's goals." Councilmember Horak stated he withdrew this item from the Consent because of its importance. He also asked if the pay increases in this plan are across-the-board or based on merit. City Manager Arnold stated that the plan includes across-the-board percen- tage increases in each category. Performance level increases based on merit are also built into the plan. Councilmember Clarke requested a staff report at a later date to show how performance has increased as a result of increased pay. He supports the concept of paying well to keep good people, but would like some way to gauge performance. Councilmember Knezovich also supported the concept of merit pay increases to reward employees who do an outstanding job. City Manager Arnold stated that staff is working on an analysis to show how quality performance has resulted from the City's pay philosopy. This report will be presented to Council when discussions on the 1983 pay plan begin early next year. Councilmember Clarke made a motion, seconded by Councilmember Reeves, ' to adopt Ordinance No. 177, 1981, on First Reading. Yeas: Councilmembers 536 December 15, 1981 ' Cassell, Clarke, Elliott, Horak, Knezovich, Reeves and Wilmarth. Nays: None. THE MOTION CARRIED. Ordinance Adopted on First Reading Relating to Payment In Lieu of Water Rights Following is the City. Manager's memorandum on this item: "In July of 1981, the City's in -lieu -of stock cash rate was reduced from $2200 to $1900. Since that time, the price of CBT water has declined . further, indicating a need to again adjust the in -lieu -of rate. A check with several other cities and water districts indicate that they have not, with the exception of Greeley, changed their in -lieu - of rates recently. Greeley reviews their rate on a monthly basis and recently changed it from $1900 to $1800. Northern Colorado Water Conser- vancy District and several local real estate people were also contacted. They reported that current prices of CBT water range from about $1650 to $1750 per unit. One person reported a sale of 150 units in October for $1700 per unit. ' Recommendation: The Water Board and staff recommend that the City's in -lieu -of cash rate be adjusted downward to $1700 per acre-foot." Councilmember Reeves stated she would like the Water Board to review the in -lieu -of water rights requirements ona monthly rather than quarterly basis and report to Council whenever any changes are recommended. Councilmember Reeves made a motion, seconded by Councilmember Knezovich, to adopt Ordinance No. 178, 1981, on First Reading. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, Reeves and Wilmarth. Nays: None. THE MOTION CARRIED. Ordinance Adopted as Amended on First Reading Repealing and Reenacting the Wastewater Utility Ordinance Following is the City Manager's memorandum on this item: "The EPA has made the control of -,toxic pollutants a high priority program ' for the 1980's. The National Pretreatment Program, a set of policies and 537 December 15, 1981 regulations designed to eliminate the discharge of toxic wastes from industrial sources into municipal wastewater treatment plants, was estab- lished in June, 1978. A key component of the National Pretreatment Program was that municipalities would be required to develop, implement, and administer an EPA approved program to control the discharges of local industries. This requirement would become a legally enforceable condition, and would be added as an amendment to the City's NPDES permit, (the authorization needed to discharge treatment effluent wastewaters). The City received the NPDES amendment on September 25, 1980. The amendment specifies that a Pretreatment program will be developed and approved by June, 1983. -- Pretreatment is not new to the City of Fort Collins The Water Utilities has been involved in industrial waste control programs since 1975. The 1975 ordinance provided the basis for protection of over 20 million dollars in treatment facilities, prevented environmental damage from pollutants that could not be removed, and made the sludge farm and the resulting resource recovery opportunity a viable sludge disposal alternative. 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 ordinance which was discussed at the November 17th City Council work session. The new ordinance will provide the City with the mechanism to operate and maintain a viable pretreatment program. This is the Ordinance discussed with Council at a recent work session." Mayor Wilmarth asked about costs involved in repealing and reenacting this Ordinance. City Manager Arnold stated that no costs have been identified. The major change is to provide for a permit procedure to monitor. There is a modest permit fee involved. Acting City Attorney Denton requested that the Ordinance be amended by deleting paragraphs (b) and (c) in Section 112-75 A (3) and by deleting the words "and appeal" in the title of subsection 3 and deleting the designa- tion "(a)" in the first paragraph of that subsection. Councilmember Knezovich made a motion, seconded by Councilmember Reeves, to amend the Ordinance as stated by Mr. Denton. 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 Ordinance No. 180, 1981, on First Reading as amended. Yeas: 538 December 15, 1981 ' Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, Reeves and Wilmarth. Nays: None. THE MOTION CARRIED. Resolutions Adopted Approving Agreements with Larimer County for Library Services Following is the City Manager's memorandum on this item: "A. Resolution Authorizing the City Manager to Enter into an Intergovern- mental Agreement with Larimer County for the Purpose of Providing Library Services.to Residents of Larimer County. B. Resolution Authorizing the City Manager to Enter into an Intergovern- mental Agreement with Larimer County for the Purpose of Providing Library Bookmobile Service to Residents of Larimer County. C. Resolution Authorizing the City Manager to Enter into an Intergovern- mental Agreement with Larimer County for the Purpose of Providing Library Services to the Inmates and Residents of Correctional Facil- ities Operated by Larimer County. ' The three attached Resolutions approve the following agreements with Larimer County for library services. 1. Agreement for the City to continue to provide Larimer County residents with general library services during 1982. The City's library will provide substantially the same services to residents of Larimer County which are presently rendered to residents of the City without having to pay a non-resident's fee. The amount to be paid is determined by calculating 50% of the remaining Larimer County Library Services Board's allocation after contractual services (Bookmobile and Jail) and proportionate expenditures (Board, Red Feather Lakes and Wellington) have been deducted. $197,000 - 50,000 Bookmobile - 17,260 Jail - 750 Board - 2,500 Red Feather Lakes Library - 3,200 Wellington Library $123,290 - 61,645 50% - Ft. Collins - 36,987 30% - Loveland - 14,795 - 9,863 12% - Estes Park 8% - Berthoud ' T 000 539 ' December 15, 1981 2. Agreement for the City to continue to provide bookmobile services to Larimer County residents in 1982. The City will provide the necessary staff, books, insurance, gas, oil, maintenance and minor repairs to operate the library bookmobile within Larimer County. The County will continue to provide the vehicle which is used as the bookmobile and shall be responsible for major repairs or replacement of the vehicle. The bookmobile serves 18 stops, 6 in Fort Collins, 3 in Loveland and 9 rural. The bookmobile checked out 41,340 as compared to 411,580 items for the main library in 1980. The bookmobile staff also delivers deposits.to 5 nursing homes. This agreement has been in effect since 1/1/67. The City will receive $50,000 for these bookmobile services. 3. Agreement for the City to provide library services to inmates of the Larimer County Jail. The City will provide library services to the inmates and residents of correctional facilities operated by the County. The services will be provided subject to the approval of the County. The City agrees to hire, train and supervise a person to provide the library services. The County agrees to provide adequate office space and all necessary equipment in a library facility main- tained by the County. This agreement has been in effect for one year. It continues a Library Services and Construction Act Title I project funded from 1978 to 1980 through the Colorado State Library. The City will receive $17,260 to provide library services at the jail." Councilmember Knezovich expressed concerns about the difference between the City's and the County's share of funding for these library services and requested that the City negotiate next year for an increase in the County's contribution. Councilmember Knezovich made a motion, seconded by Councilmember Reeves, to adopt these Resolutions. Yeas: Council members Cassell, Clarke, El- liott, Horak, Knezovich, Reeves and Wilmarth. Nays: None. THE MOTION CARRIED. Resolution Adopted Making Findings Concerning the Appeal of the Armadillo Club, Inc., from the Decision of the Liquor Licensing Authority. Following is the City Manager's memorandum on this item: "The Liquor Licensing Authority conducted a show/cause hearing for the Armadillo Club, Inc., 354 Walnut, on October 28, 1981 concerning a liquor law violation. At the conclusion of the hearing, the Authority found that a violation of the Colorado Liquor Code did occur and ordered a one -day suspension of the licensee's liquor license. 540 December 15, 1981 ' On November 4, 1981, the City Clerk received an appeal from the decision of the Liquor Licensing Authority to the Council. On November 17, 1981, the Council conducted a hearing on the record and directed that a Resolution be prepared for Council consideration setting forth findings on appeal: 1. That a violation of the Colorado Liquor Code occurred; and 2. That the licensee's liquor license be suspended for one day." Mayor Wilmarth and Councilmember Knezovich withdrew from discussion and voting on this matter because of possible conflicts of interest. Councilmember Clarke made a motion, seconded by Councilmember Elliott, to adopt the Resolution. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, and Reeves. Nays: None. (Mayor Wilmarth and Councilmember Knezovich out of the room.) THE MOTION CARRIED. Mayor Wilmarth and Councilmember Knezovich returned to the meeting at this point. I Resolution Adopted Making Findings Concerning the Preliminary Plan of the Home Federal Savinas and Loan PUD Following is the City Manager's memorandum on this item: "On November 17, 1981, the Council conducted a public hearing concerning the appeal of the decision of the Planning and Zoning Board denying the preliminary plan of the Home Federal Savings and Loan PUD. After hearing testimony from both opponents and proponents of the Home Federal Savings and Loan PUD, the Council approved the preliminary plans and granted the developer a variance to Criterion Y3 of Point Chart E in the Business Service Uses category. This Resolution sets forth the Findings of Fact concerning the approval of the preliminary plan of the Home Federal Savings and Loan PUD." Councilmember Horak stated that he opposed the Council's findings on November 17th and would not support this Resolution. Councilmember Cassell made a motion, seconded by Councilmember Clarke, to adopt the Resolution. Yeas: Councilmembers Cassell, Clarke, Elliott, , Knezovich, Reeves and Wilmarth. Nays: Councilmember Horak. 541 December 15, 1981 THE MOTION CARRIED. Resolution Adopted Relating to Citizen Participation and Information Proqram Relatinq to Storm Drainage Following is the City Manager's memorandum on this item: "During the discussion which -,occurred at the first reading of Ordinance No. 174, 1981 in its November 11th meeting, Council expressed concern that insufficient information has been presented to the public to enable them to fully understand the impacts and implications of the proposed ordinance. Council therefore instructed the Administration to prepare a resolution directing staff to establish and present such a Storm Drainage Public Information Program. In anticipation of the adoption of the resolution, the staff has proceeded to prepare a program intended to provide information to a broad spectrum of the citizens in a form that will enable them to understand the storm ' drainage proposals and to reach an informal consent on the scope and need for the drainage projects. The staff's information program would be directed first at the three basins affected by Ordinance No. 174. Its purpose is to aid residents in those basins to understand the impacts and the benefits that will result. The response and input from these basins will help to focus the information program in the remaining six basins that will be considered next spring and also will aid Council in making the decisions needed to direct the course of the Storm Drainage Program. The staff information program is outlined in the included memorandum from Tom Hays. The Administration and staff recommend adoption of the. resolution and approval of the Storm Drainage Information Program." City Manager Arnold stated that Council requested development of a citizen participation program to work toward the concept of informed consent in the City's basin program. Councilmember Knezovich supported the program but stated that all work should be done in-house. ' Councilmember Cassell also opposed hiring an outside consultant to work on this program. 542 December 15, 1981 , Councilmember Clarke supported hiring outside consultants to achieve professional results in preparation of displays or graphic designs for the program. He stated that the money spent to involve the public is a good investment if the program is handled well. City Manager Arnold stated that the City may need outside professional help with graphics to get the information out to the public in the best way possible. A consultant would be used for the first part of the program and the rest would be done in-house. Councilmember Reeves commented that the City's option of purchasing flood insurance would involve considerably more financial liability than the option of going ahead with the storm drainage program. City Manager Arnold stated that the intent of this citizen participation program is to arrive at a community decision on the basin program as the choices are presented basin -by -basin. Councilmember Elliott asked about whether the consultant costs for this citizen participation program are budgeted and whether adoption of the Resolution committed the funds. City Manager Arnold stated that this approximately $13,000 is not budgeted ' but may come out of the storm drainage budget or out of contingencies. Mayor Wilmarth opposed the Resolution in light of the current economic. situation and stated he did not believe the electorate would support a storm drainage program at this time if this issue was placed before the voters. Councilmember Horak made a motion, seconded by Councilmember Elliott, to adopt the Resolution. Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich and Reeves. Nays: Councilmembers Cassell and Wilmarth. THE MOTION CARRIED. Ordinance Adopted on First Reading Establishing a Storm Drainage Utility Fee and a Storm Drainage Basin Fee to Finance Capital Improvements Following is the City Manager's memorandum on this item: "This Ordinance was adopted on First Reading on November 17th by a 6-1 vote. At that meeting staff was directed to prepare a Resolution estab- lishing a Storm Drainage Public Information Program. The previous agenda I item dealt with the creation of that Program. 543 ' December 15, 1981 This Ordinance establishes a storm drainage utility fee and a storm drain- age basin fee for capital improvements. The fees will become effective in the Foothills, Fox Meadows, and McClellands-Mail Creek basins on January 1, 1982. Fees for the remaining basins will be developed during 1982. The average basin fees (for new development) will be: Foothills - $2021 per acre Fox Meadows - $1246 per acre McClellands-Mail Creek - $1453 per acre The average homeowners' utility fees will be: Foothills - $0.41 per month Fox Meadows - $0.33 per month McClellands-Mail Creek - $0.81 per month" Justus Wilkinson, 429 S. Whitcomb, stated that he supported Ordinance No. 170 over Ordinance No. 174 and asked Council to defeat Ordinance No. 174 on Second Reading. ' Guy McCabe, 3012 Eindborough Drive, spoke against Ordinance No. 174 and stated the basin program is excessive and would be voted down if rplaced before the voters. He supported an election on the matter. Steven Van Lear, 1037 Sailors Reef, stated that the basin program would be expensive for the developers. He spoke about the drainage problems in the Hill Pond development and floodplain improvements already undertaken on that property. Councilmember Knezovich stated that the proposed Ordinance deals with the basin program and not with financing of the program, and the Council will have budgetary control during each phase. Councilmember Elliott made a motion, seconded by Councilmember Cassell, to adopt Ordinance No. 174, 1981, on Second Reading. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich and Reeves. Nays: Mayor Wil- marth. THE MOTION CARRIED. Resolution Adopted Setting Forth the Intention of the City of Fort Collins to Issue Industrial Development Revenue Bonds for Bucain Corporation ' Following is the City Manager's memorandum on this item: 544 December 15, 1981 1 "The City received a formal application for an Industrial Development Revenue Bond (IDRB) issue for $7,500,000 from Bucain Corporation on Novem- ber 3. The proceeds of the issue would be utilized to construct an 18 hole privately owned and operated public golf course. The Bucain Corporation, a to -be -formed Colorado Corporation, proposes to develop an 800 unit residential condominium and townhome community together with a regulation 18 hole golf course and clubhouse facility. The develop- ment would occur over a six year period (1983-1988) and would include 7 phases, the first phase being the development of the golf course. The 800 unit residential development would be privately financed while the golf course would be financed with a 10 year term IDRB issue. The application has been reviewed in terms of its conformity with the City's policy and guidelines for the issuance of IDRBs by Curt Smith, H. R. Phillips, Lucia Liley and Ron 'Wood. Copies of the application and the staff analysis memo are attached. The major findings of the staff analysis are as follows: The project is consistent with the City's interest and the induce- ment resolution should be approved. , The off -site development cost of $836,000 should be privately financed. 3. Additional financial security such as letters of credit from responsible financial institutions which will guarantee the bonds should be provided prior to the adoption of bond ordinances. 4. A market analysis and/or a feasibility study that includes finan- cial projections for each of the seven phases of the project should be provided prior to the adoption of bond ordinances. 5. A recognized bond counsel opinion supporting the legality of the issue and the utilization of the proceeds should be received prior to the adoption of bond ordinances." Mr. Bernie Cain, President of the Bucain Corporation located at 1105 Heatheridge, summarized his company's proposal and stated that the cor- poration would be working with the Parks and Recreation Board and the Golf Board on the proposed privately owned and operated public golf course. This is an opportunity for public/private sector cooperation in providing a needed facility. Frank Hummel, architect for the project, spoke about the proposed golf , course to be located about one mile south of Collindale Golf Course. He 545 ' December 15, 1981 stated that surveys show a need for six courses by 1990 and for eleven courses by the year 2000. Councilmember Horak asked if the proposal has been made available to the public. Councilmember Horak made a motion, seconded by Councilmember Reeves, to table the Resolution to December 22 to allow an opportunity for presenting the proposal for public input. Yeas: Councilmember Horak. Nays: Council - members Cassel 1,.Clarke, Elliott, Knezovich, Reeves and Wilmarth. THE MOTION FAILED. Councilmember Elliott asked about the proposed fee structure for the golf course. Mr. Cain stated the fees would be competitive and the company would work within the context of established fees for the existing golf courses. Councilmember Elliott asked how many persons would be employed:at the new golf course. Mr. Cain stated that the golf corse would employ about 25 full and part time people. Councilmember Elliott made a motion, seconded by Councilmember Clarke, to adopt the Resolution. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, Reeves and Wilmarth. Nays: None. THE MOTION CARRIED. Citizen Participation I. Presentation of Certified Public Purchasing Officer certificate to James B. O'Neill, II, Purchasing Agent. Ron Wood, Finance Director., introduced James O'Neill and stated that the certificate being presented by the National Institute of Govern- mental Purchasing, Inc. is only the second awarded in the State of Colorado. Mayor Wilmarth presented the Certified Public Purchasing Officer certificate to Mr.. O'Neill. 2. Brad Edwards, 1209 Remington Street, addressed Council about his concerns for resource conservation and the quality of life in Fort ' Collins. He supported a graduated fee structure for utilities and water metering to increase conservation efforts. 546 December 15, 1981 ' Public Hearing for the Lemay Avenue Alignment Study Following is the City Manager's memorandum on this item: "Council committed to the BAVA communities that the Lemay Alignment Study would come back to Council as an Interim Report before proceeding ahead. Information obtained during the interim study suggested changes in study scope and staff committed to a review by Council, but after neighborhood review before proceeding. That review and/or public hearing is scheduled for December 15. This hearing is being held in conjunction with the presentation of The Engi- neering .Alignment Study to City Council. The following activities were conducted as part of the study. 1) Property owners that would be affected by the 3 proposed Lemay align- ments and by the 2 Parkway alignments were personally contacted during September and advised of the purpose of the study. Concerns of all property owners were noted and were taken into consideration during design. 2) A meeting was held with the C & S on September 9 to discuss their plans I for construction of a switch yard south of Vine Drive, approximately 1500' east of Andersonville. 3) The Colorado Highway Department, the Larimer-Weld Council of Govern- ments and the City Planning Department were contacted to obtain the most recent population, employment and traffic projections for the City. 4) A traffic analysis was done for the area to determine what the traffic impacts would be for the alternate alignments of North Lemay. 5) A meeting was held with a representative of Neighbor -to -Neighbor, Inc. on September 15. 6) A meeting was held on October 22 at the Neighbor -to -Neighbor office in Alta Vista to discuss the project with residents of Andersonville, Alta Vista and Buckingham. 18 residents attended the meeting along with representatives from Neighbor -to -Neighbor, City staff and TransPlan. 7) Another meeting was held with a community representative from Anderson- ville on November 4 to discuss updates on the study. 8) The C & S was again contacted by letter '.in November to try and deter- mine more exact information on the proposed switch yard south of I Vine. 547 December 15, 1981 9) A meeting was held at City Hall on November 18 to present preliminary design results to representatives from Andersonville,.Alta Vista and Buckingham as well as other property owners in the area from Colorado 14 to Vine Drive. City staff were also present at this meeting. 10) A second meeting was held on November 18 at the Neighbor -to -Neighbor office in Alta Vista to inform residents of Andersonvi,lle, Alta Vista and.Buckingham of preliminary design results. 27 residents attended this meeting. 11) Preliminary design results will be reviewed with the County, the Colorado Highway Department, property owners north of Vine, and emergency services of the City before our presentation to the City Council on December 15. After input from the Council has been received on the findings of this Engineering Alignment Study, the preliminary engineering work can be finalized and a final report will then be submitted to the City. If changes are suggested by the initial work, this would be the time to address them." Mayor Wilmarth stated that this is a public hearing and no specific action will be taken by Council at this time. Dick Bauman, representing Transplan, gave a presentation on the alignment alternatives studied. He stated that the proposed Parkway alignment was considered in the study. Traffic problems, access to industrial develop- ment and residents, the railroad, and drainage were major factors taken into consideration. He also stated that consensus seems to be emerging on the "green alignment," which would minimize access problems and would take out no houses in Alta Vista. Councilmember Horak asked about the costs to the City for each alignment alternative. Mr. Bauman stated that if an overpass would be constructed that would be a separate cost of approximately $2 million. Councilmember Reeves asked about the Parkway alignment and negotiations with the State, and about the possibility of a County referral on the railroad switchyard. I Councilmember Clarke asked about exploring alternatives for a route to the west. 548 Councilmember Knezovich asked about Southern Railroad switchyard planned improving the detection equipment at flow on Lemay. December 15, 1981 the overpass and the Colorado and in the area, and also inquired about the rail crossing to expedite traffic The Mayor then opened the public hearing on the matter. Lester Cowell, 128 Second Street, stated that residents would like the alignment to be east of the Buckingham-Andersonville-Alta Vista area. Kay Theodoratus, 726 Mathews, a member of the Community Development Block Grant Steering Committee, spoke about HUD money already invested in housing rehabilitation in the area and concerns that the proposed alignment might destroy these previous efforts to improve the quality of life in the neighborhood. The Steering Committee would be interested in exploring the possibility of using Community Development Block. Grant funding to work on the realignment problem. Steve Barbier, 522 East Elizabeth, representing Neighbor -to -Neighbor, spoke about traffic on Ninth Street as compared to College Avenue, and expressed concerns that the new alignment might make Lemay a modified bypass. Margaret Mitchell, 809 East Elizabeth, spoke about using Community De- velopment Block Grant funds for the overpass and about possible matching funds from the railroad if federal funds would be involved in the project. She also expressed concerns about the neighborhood revitalization program. James Alarid, 608 Ninth Street, asked that Council make a decision within 90 days on which plan they will support. Martha Eaton, 125 Third Street, asked about buffering the residential area from industry in the area. Reed Mitchell, 809 East Elizabeth, stated that rehabilitation loans need not be paid back if property is condemned. Lyle Wiggen, 924 East Lake, supported an alignment to the east to avoid condemnation of property. Ed Zdenek, representing ZVFK Planners and three development interests in the area, stated that Lemay Avenue thas carried that name and arterial status for some years. He also stated that the City has purchased addi- tional right-of-way on the western alignment. The. proposed "green align- ment" would create access problems for the industrial developments in the area. 549 December 15, 1981 Peter Mercado, Jr., 727 Alta Vista, stated that the BAVA neighborhood has been in existence for many years and he would like to see other alignments explored to avoid destroying the neighborhood. Harold Fisher, trustee for a trust owning a triangular piece of property south of Lincoln Avenue, spoke about problems with utility lines and impairment of the use of that property if the eastern alignment is pursued. The -Mayor declared the public hearing closed. Councilmember Horak supported making a decision on which option to pursue, such as looking at the western alignment and Community Development Block Grant funding alternatives. Councilmember Reeves asked if there would be any value in looking at a western alignment. Mr. Bauman stated that a western alignment would split the traffic but not really solve the problem in the long run. ' Councilmember Knezovich spoke about the overpass issue and requested that the consultant provide a realistic assessment of the need for an overpass with each alignment. Mr. Bauman stated that the Public Utilities Commission staff would probably recommend an overpass for either the Ninth Street alignment or the eastern route. However, the immediate construction of an overpass would probably not be required as long as the City would purchase right-of-way for a future overpass. Funding for overpass and railroad crossing improvements is limited and based on high priority of need. Councilmember Horak made a motion, seconded by Councilmember Reeves, to direct staff to actively review the feasibility of using Community De- velopment Block Grant funds for acquiring right-of-way or for making roadway or overpass improvements, and to report at the next meeting con- cerning money and the timeframe involved. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, Reeves and Wilmarth. Nays: None. THE MOTION CARRIED. Public Hearing for Consideration of a City Housinq Code ' Following is the City Manager's memorandum on this item: 550 December 15, 1981 "A proposed Housing Code draft was discussed at the November 24, 1981 Council work session. To provide the community the opportunity to review this proposal and provide their comments to the Council, a public hearing on this code was rescheduled. To clarify the purpose and intent of the proposed Housing Code, a comparison of areas covered by current codes is outlined below. In addition a discussion is included outlining some actual situations that cannot be addressed by current codes. Finally a chart is attached which compares the standards included in the Uniform Code and those proposed for the Fort Collins Code. -I:_. Applicability of Current City Codes .- -. - Current code applicability is illustrated in the following chart comparing new construction with existing housing. The "X" indicates the item is currently regulated. All of the listed items would be regulated by the proposed draft. New Construction 1. Room Dimensions X 2. Light and ventilation X 3. Heating X - 4. Electrical service X 5. Bathroom facilities X 6. Kitchen facilities X 7. Bedroom windows X B. Construction standards X 9. Occupant responsibility for rubbish, disposal and sani- tation in and around dwelling 10. Overcrowding 11. Imminent structural, fire, or Existing Housing health hazard X X II. Cases Histories The following cases are based on phone complaints or actual field inspec- tions: 1 u 551 1 December 15, 1981 Case A 1. All water piping and fawcets were corroded to the extent that water supply was reduced to a trickle. 2. No kitchen sink was provided. All kitchen utensils were washed .in bathroom lavatory. Case B 1. Sleeping rooms were literally converted closet spaces with no windows. A small twin bed virtually consumed the entire floor space. 2. Headroom throughout was less than six feet due to projections from plumbing and heating ducts. Stairway headroom was approximately 66 inches. 3. Entire unit was poorly lighted because of windows totally lack- ing in two bedrooms and portions of the living areas with no permanent ' artificial lighting except in kitchen area. Case C 1. Bedroom windows approximately 16 in. x 20 in., in excess of 60 inches above the floor and totally inoperable for emergency egress or venti- lation. 2. Garbage and trash strewn about kitchen area with evidence of insect and rodent infestation. Case D Furnace inoperable, unit being heated with unvented gas range. Case E Sewer improperly maintained and backed up into shower according to caller. Case E occurred this week. The caller was told that only if the sewer problem became such immediate health hazard as to require vacating the unit using the Dangerous Building Code could our office be involved. He stated his landlord refused to correct the problem. All of these cases were not adequately covered by the existing codes. With only the Dangerous Building Code as the last resort, abatement becomes 552 December 15, 1981 ' heavy-handed with drastic measures such as vacation and demolition. Then, only when a dwelling lapses into such a state of deterioration and very likely has become highly visible to the neighborhood does City enforcement become involved. Again the purpose of this hearing is to provide the community the oppor- tunity for direct input to the Council on this issue. The staff has discussed this code with various community groups over the past several years." City Manager Arnold summarized the history of the City's consideration of a housing code and current housing trends. He stated that- the City has attempted to lessen the impact of the proposed code by proposing some changes to the Uniform Housing Code. Felix Lee, Deputy Chief Building Official, summarized the proposed changes to the Uniform Housing Code. Adoption of the Uniform Housing Code with the amendments proposed by the staff would address problems not covered by existing codes, but efforts have also been made to minimize the impact on existing housing. The Housing Code addresses all housing and is compatible with existing codes. The standards of acceptibility are minimums and basic ' and are also reasonable and fair. The Code includes provisions for appeals and administrative remedies, and it is not too restrictive. It is based on owner responsibility for housing, and staff believes the proposed Code is enforceable. The Mayor then opened the public hearing to receive comments on the pro- posed Housing Code. The following persons spoke at the public hearing: 1) David Luplow, 134 West Harvard, representing the Fort Collins Chapter of the Apartment Association, opposed the Code because of the financial hardship it would create for rental housing and because there are existing codes that can be enforced. 2) Susan Becker, representing COPIRG, supported the Housing Code to meet the needs of tenants, and presented the results of a survey of student renters. 3) Reed Mitchell, 809 East Elizabeth, spoke in favor of the proposed Code. F 4) Bob Hoffert, 530 Smith Street, representing the Association of Core Area Neighborhoods, supported the Code because it targets abusive housing situations and would be enforced on a complaint basis. 553 1 December 15, 1981 5) Barbara Rutstein, representing the League of Women Voters, supported the Code to provide for basic health and safety. 6) Miles Austin, representing the Fort Collins Board of Realtors, ex- pressed concern for the impact of the Code on single-family residential housing and opposed the proposed Code. 7) Jim Woods, 307 South -Sherwood Street, gave a slide presentation to illustrate how existing Codes do not •address some problems, and em- phasized that the proposed Code would be used on a complaint basis. 8) Ken Bonetti, 627 Whedbee, supported the Code and suggested stronger enforcement provisions. 9) Fred Fuller, 632 Peterson Street, stated the Code provides an oppor- tunity to avoid.future slums. 10) Cliff Bymaster, a rental property owner, stated that housing conditions could be handled by enforcement of present codes and opposed a retro- active code. 11) Cindy Bonetti, 627 Whedbee, supported the Code to address problems experienced by tenants. 12) Tom Tucker, 2225 Charolais Drive, spoke for freedom of choice and the problems for owners in bringing older properties up to Code. 13) Randy Ross, 1409 Briarwood, spoke about housing problems for student renters and supported the Code. 14) Bob Gilpin, 1700 Morningside Drive, stated that the Code will only impact owners of substandard housing, and the Code is minimal and reasonable. 15) Brad Edwards, 1209 Remington Street, spoke about the possible impact on rents, stating that maintenance.costs are not the major factor. 16) Jim Mokler, an investment property owner and Wellington resident, spoke about the impact the code would have on owners. 17) Jim .Bachmann, 1324 Teakwood, asked if consideration had been given to the mobile home situation. 18) Margaret Mitchell, 809 East Elizabeth, spoke about her experience with poor rental housing conditions and supported the Housing Code. 554 December 15, 1981 ' 19) Chuck Rhodes, 1401 Patton, opposed a retroactive Code enforced on a complaint basis, and stated. that the Code should be used primarily for safety instead of for aesthetics. 20) Phyllis Mattingly, 503 South Grant, stated that some student renters are concerned about losing low-cost rental housing as a result of the Code. 21) Loren Maxey, 1101 Clark, spoke about the expense to rental housing owners from a retroactive Code. 22) Pat Montabone, 2631 Sagebrush, questioned whether people would be willing to pay more rent to bring housing up to code and stated that students rent housing that is affordable. 23) Dave Brown, 2237 Apache Court, opposed the Code as a governmental intrusion into basic rights. 24) John McConahay, a rental property owner, opposed the Housing Code as proposed. 25) Jerry Soukup, 804 Cheyenne Drive, expressed concern about complaint ' basis enforcement and problems in updating existing housing. 26) Shelby Robinson, 1409 Briarwood, supported the Code. 27) Luis Robinson, 1012 Commanche Drive, opposed the Code as unnecessary government intervention. 28) Karen Fox, 800 Stover, stated that the new Code could cause more slums and increase rent for tenants. 29) Bob Roberts, 2332 South College, asked that Council consider exempting private homes from the Code and requiring permits and updating to Code before such housing could be rented out. The Mayor declared the public hearing portion of the meeting closed. Councilmember Horak made a motion, seconded by Councilmember Clarke to direct that the proposed Housing Code be brought back as proposed in Ordinance form at the January 5th Council meeting, for consideration and amendments as needed. Councilmember Knezovich stated that the Code as proposed does not address the issues brought up at the hearing, and amendments need to be made to ensure a meaningful code. 555 I - 1 1 December 15, 1981 Councilmember Reeves supported having the issue come back for Work Session di.scussion before presentation in Ordinance form for consideration and adoption. The Mayor put the motion with the following vote. Yeas: Councilmembers Reeves, Horak and Clarke. Nays: Councilmembers Elliott, Knezovich, Wil- marth and Cassell. THE MOTION FAILED. Resolution Adopted Approving Intergovernmental Agreement between the City of Fort Collins and Poudre Valley Fire Protection District to create an Independent Governmental Entity to be known as "Poudre Fire Authority" Following is the City Manager's memorandum on this item: "This Resolution was tabled to this date on November 17th. To eliminate duplication of effort and cut costs, the City and District have worked together for several years to provide fire protection for the two jurisdictions. This cooperation was begun in 1978 with an Automatic Aid Agreement, strengthened in 1981 with an initial .consolidation agree- ment, and operation under that agreement the past eleven months as the Poudre Fire Authority. Both agencies agree that by joining forces each has been able to operate more efficiently and effectively. Therefore, each believes it would be beneficial to work together on a permanent basis. Among the many benefits to the City which result from consolidation, the most important are: 1) An improved level of fire protection service 2) Savings to the taxpayer of the City of $860,000 in avoided annual cost and avoided annual operating costs of approximately $3.3 million by.1987, and 3) Offering the opportunity to master plan our efforts and emphasize prevention. Approval. of this agreement culminates the past three years of work in pulling both fire agencies together. 556 December 15, 1981 The recommended Governing Board is composed of five members as was origin- ally conceived. Council has discussed alternatives but no clear con- sensus for change was developed. Council may wish to amend that section. If so, we will attempt to secure concurrence from the District. Staff feels it's important to emphasize that the value of consolidation is great and the Governing Board issue rather small in consequence; but we want, to help Council make the concept work however it finally comes out.". Councilmember Knezovich expressed concern .about the re -hire rights of, Authority employees. - Councilmember Reeves made a motion, seconded by Councilmember Cassell, to adopt the Resolution and amend the agreement to include the following clause in Section 4.3: "G. If this Agreement is terminated, any employee of the Authority who was an employee of the City or the District on the effective date of this Agreement shall have the right to employment with the employee's original employer or the entity which has need for additional employees. Said right to employment shall - be subject to the terms and conditions of employment then in effect as stated in City or District personnel rules." Councilmember Elliott supported the agreement as a positive step toward a consolidated fire authority. Councilmember Horak stated he supports the concept but not the voting structure as proposed in spite of City budgetary control. Councilmember Knezovich also spoke against the proposed voting structure. Councilmember Cassell made a motion, seconded by Councilmember Knezovich, to amend Section 1.3 of the agreement to read as follows: "1.3. Governing Board. The Authority shall be administere'd.by a governing Board of five (5) members. The City shall appoint"two (2) members and the District shall appoint two (2) members. The fifth member shall be appointed by the four other members as appointed by the City and District. A. All appointees and terms of appointment 'shall be at the discretion of the appointing party. 1 1 557 ' December 15, 1981 B. All vacancies on the Board shall be filled by the appointing entity." Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, Reeves, and Wilmarth. Nays: None. THE MOTION.. CARRIED. The Mayor then put the first motion with the.following vote: Yeas: Couhcil- members Cassell, Clarke, Elliott,`Horak, Knezovich, Reeves, and Wilmarth. Nays: None. THE MOTION CARRIED. Appeal from Decision of Liquor Licensing Authority - North College Liquors, 814 North College Avenue ' Following is the City Manager's memorandum on this item: "During the operation conducted by the Fort Collins Police Department on September 11, 1981, the North College Liquors received a summons for selling liquor to an individual under the age of 21 years. on October 28, 1981, the Liquor Licensing Authority held the show/cause hearing for North College Liquors, 814 North College Avenue. After hearing testimony from both the licensee and the Police Department, the Authority ordered a three-day suspension of the license for North College Liquor. There has been one previous violation recorded for this establishment which occurred on February 12, 1979. The violation was serving to a minor. On November 2, 1981, the City Clerk received an appeal from the decision of the Liquor Licensing Authority to the City Council. These hearings are conducted on the record, i.e., the hearing will consist of a review of the transcript of the hearing before the Liquor Licensing Authority (a copy of the transcript accompanies this memo) and a brief oral argument by the appellant based on the record." Mayor Wilmarth withdrew from discussion and voting on this item because of a possible conflict of interest. Assistant Mayor Cassell chaired this portion of the meeting. Ramsey Myatt, attorney for North College Liquors, stated that his client is appealing I this decision because of the severity of the punishment 558 December 15, 1981 determined by the Liquor Licensing Authority. The three-day suspension would impact the licensed outlet in loss of income, loss of customers, and in having a three-day suspension on the business' record. He stipulated that liquor was sold to a person not of age on September 11, 1981. Councilmember Horak made a motion, seconded by Councilmember Clarke to find that a violation occurred on September 11, 1981, at North College Liquors. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich and Reeves. Nays: None. (Mayor Wilmarth out of the room). THE MOTION CARRIED. Councilmember Horak made a motion, seconded by Councilmember Clarke, to uphold the decision of the Liquor Licensing Authority for a three-day suspension and direct the proper posting of the premises on the days of suspension. Yeas: Councilmembers Cassell, Clarke and Horak. Nays: Coun- cilmembers Elliott, Knezovich and Reeves. (Mayor Wilmarth out of the room). THE MOTION FAILED TO PASS. Councilmember Clarke made a motion, seconded by Councilmember Horak, to direct the suspension of the license for North College Liquors for two consecutive days, to.be served at the discretion of the license holder on normal business days after January 1, 1982, and to direct the proper posting of the establishment on the days of suspension. Yeas: Council- members.Cassell, Clarke, Elliott, Horak, Knezovich and Reeves. Nays: None. (Mayor Wilmarth out of the room). THE MOTION CARRIED. Mayor Wilmarth returned to the meeting at this time. Resolutions Tabled to December 22, 1981, Expressing the Intent and Agreement of the City To Provide Water and Sanitary Sewer Utility Services to the Area Lying Within Both the Boundaries of the City of Fort Collins and The Fort Collins -Loveland Water District/or the South Fort Collins Sanitation District City Manager Arnold requested this item be tabled to December 22, 1981. Councilmember Reeves made a motion, seconded by Councilmember Elliott, to table the Resolutions to December 22, 1981. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, Reeves and Wilmarth. Nays: None. THE MOTION CARRIED. 1 1 559 December 15, 1981 Resolution Adopted Withdrawing an Assistant City Attorney from the City's Retirement Plan Following is the City Manager's memorandum on this item: "This Resolution would withdraw Assistant City Attorney, Pete Ruggiero, from the City's retirement plan and allow him to participate in the ICMA Retirement Corporation Deferred Compensation Plan. This upholds a commitment made at initial employment. This has no effect upon the City retirement program." CouncrTmember Reeves made a motion, seconded by Councilmember'Ellidtt; -.to: adopt the Resolution. Yeas: Councilmembers Cassell., 'Clarke, Elliott, - Horak, Knezovich, Reeves and Wilmarth. Nays: None. THE MOTION CARRIED. Resolution Adopted Making Nominations for the Larimer- Weld Regional Council of Governments for Offices for 1982 Following is the City Manager's memorandum on this item: ' "The City of Fort Collins is a member government of the Larimer-Weld Regional Council of Governments and will be submitting nominations to the LWRCOG Nominating Committee for seven offices for 1982. The open offices are Chairperson, Vice -Chairperson, Sec retary=Treasurer and four municipal government seats on the Executive Committee. Council needs to select persons to be nominated to each office. The person nominated for Chairman must have served on the Governing Board for at least one year prior to election as Chairman. In addition, all candidates must be present or potential Governing Board members for 1982. Attached is a copy of the City's nominating form indicating the offices for which nom- inations will be made and listing current Governing Board members." Councilmember Horak made a motion, seconded by Councilmember Reeves, to nominate the following persons for the offices indicated and adopt the Resolution: Chairperson: Vice -Chairperson: Secretary -Treasurer Executive Committee Bernerd Dannels Dennis E. Gesterling Tom Romero James Lloyd Gerald Horak Ralph Zubrek (Loveland Representative) 560 December 15, 1981 Yeas: Council members Cassell, Clarke, Elliott, Horak, Knezovich, Reeves and Wilmarth. Nays: None. THE MOTION CARRIED. Resolution Adopted Making Appointments to Commission on Disability Following is the City Manager's memorandum on.this item .'In November, Council adopted an ordinance creating the Commission on Disability. The purpose of this 11 member Commission is to carry out programs aimed at ensuring consideration of the handicapped population and to advise the Council regarding problems and policies relating to the handicapped. Council needs to appoint 11 regular members to the Commission. Terms will run for four years, but these initial appointments will be made to achieve overlapping tenure. Council needs to select the 11 persons to serve on the Commission and determine the term each is to serve. Council originally indicated their desire to appoint the members of the Handicapped Advisory Committee to the newly created Commission. However, not all of the current members have submitted applications. We have included the applications for Council review and have indicated the current members of the Handicapped Advisory Committee by placing a star by their names." Councilmember Reeves made a motion, seconded by Councilmember Horak, to adopt the Resolution inserting the following names with terms as in- dicated: Name Expiration of Term Eldon L. Decker July 1, 1982 Dana S. Hiatt July 1, 1982 Connie Anne Brakken July 1, 1983 Evelyn Husar July 1, 1983 Mike Meyers July 1, 1983 Bobbie Guye July 1, 1984 Charlotte L. Kanode ,July 1, 1984 Rosemary Kreston July, 1, 1984 Dorothy Lasley July 1, 1985 Alida Mercedes Loinaz July 1, 1985 Betty Shuey July 1, 1985 1 1 1 561 December 15, 1981 Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, Reeves and Wilmarth. Nays: None. THE MOTION CARRIED. City Attorney's Report 1):Acting City Attorney. -Denton reported.that a Summons_.; and.Complai,nt.ha.s . been received in the case of the Downtown Liquor Mart relating .to a liquor licensing appeal. 2) Mayor Wilmarth stated that he had requested preparation of a Resolution confirming the appointment of Gregory Denton as Acting City Attorney until February 1, 1982. Mayor Wilmarth made a motion, seconded by Councilmember Reeves, to adopt the Resolution. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, Reeves and Wilmarth. Nays: None. I THE MOTION CARRIED Councilmembers' Report 1) Councilmember Clarke reported on a meeting with the School Board relating to the pool and will meet again in January. 2) Councilmember Reeves reported on efforts to lobby for the lottery with the State Legislature. 3) Councilmember Knezovich requested that the question, of IDRB's be brought back at an early Work Session. 4) Councilmember Knezovich requested that the Housing Code be brought back at the first Work Session in January. Other Business City Manager Arnold reported that the Vine -Laporte -Taft Annexation Election was held December 15th. Deputy City Clerk Molly Davis reported a tie vote in the election, with 14 ballots cast in favor of the annexation and 14 votes cast against the annexation. 562 December 15, 1981 Adjournment Councilmember Horak made a motion, seconded by Councilmember Cassell, to adjourn the meeting to 12:00 noon on December 22, 1981. Yeas: Council - members Cassell, Clarke, Elliott, Horak, Knezovich, Reeves and Wilmarth. Nays: None.. THEMOTION CARRIED._,.._ The meeting adjourned at 12:00 a.m. ATTEST: City Clerk 1 1 563