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HomeMy WebLinkAboutMINUTES-02/20/1979-RegularFebruary 20, 1979 ' 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, February 20, 1979 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: Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Staff Members Present: Arnold, Deibel, Gionfriddo, Krajicek, Phillips, Gillam, Rupel, Woods, BAlok, Bingman, Lanspery, Straayer, Harmon, Lee, Deagle, Mabry, Wood, Ruggiero, Krempel and Lewis. Agenda Review (a) City Manager Arnold stated that the Election Board is checking the petition submitted by CALM, regarding marijuana. This certification will be made at the adjourned meeting of February 27, 1979. Therefore, this item will not be discussed this evening. (b) On the Consent Calendar, Item No. 14, Golden Meadows Subdivision, First Filing, Final, needed to be corrected to be Second Filing. Consent Calendar These are items of a routine or non -controversial nature, on which a unanimous vote of approval is expected. Anyone may request an item on this calendar be "pulled" off the Consent Calendar and considered separately. (The purpose of this calendar is to allow Council to spend its time and energy on more important items.) The Consent Calendar presented was as follows: -271- February 20, 1979 4. APPROVAL OF THE MINUTES OF THE SPECIAL COUNCIL MEETING OF JANUARY 30. ' 5. SECOND READING OF ORDINANCE NO. 13, 1979, AUTHORIZING THE CITY ATTOR- NEY TO SET THE SALARIES OF THE ASSISTANT CITY ATTORNEYS. This Ordinance passed unanimously on first reading at the February 6 Council meeting. It designates the Assistant City Attorneys as nonclassified service employees and the City Attorney is author- ized to set their salaries. Staff recommends adoption. 6. SECOND READING OF ORDINANCE NO. 14, 1979, AMENDING THE UNIFORM BUILD- ING CODE RELATING TO SPRINKLER SYSTEMS. This Ordinance passed unanimously on first reading at the February 6 Council meeting. It requires buildings over 75 feet in height to be sprinklered. Staff recommends adoption. 7. SECOND READING OF ORDINANCE NO. 15, 1979, AMENDING THE UNIFORM BUILD- ING CODE RELATING TO KITCHEN CEILING HEIGHT. This Ordinance passed unanimously on first reading at the February 6 Council meeting. It allows a change from the present 7'6" require- ment. Staff recommends adoption. 8. SECOND READING OF ORDINANCE No. 16, 1979, AMENDING THE UNIFORM BUILD- ' ING CODE RELATING TO ABOLISHMENT OF FIRE DISTRICTS. This Ordinance passed unanimously on first reading at the February 6 Council meeting. Fire Districts no longer serve their original purpose. Other tools we use handle the purpose better. Staff recom- mends adoption. 9. SECOND READING OF ORDINANCE NO. 17, 1979, AMENDING THE UNIFORM BUILD- ING CODE RELATING TO LIGHT AND VENTILATION. This Ordinance passed unanimously on first reading at the February 6 Council meeting. It allows more flexibility and construction at less cost with no harm due in that artificial light can be substituted for natural light in basements. Staff recommends adoption. j 10. SECOND READING OF ORDINANCE NO. 18, 1979, AUTHORIZING POLICE, FIRE, AND EMERGENCY MEDICAL PERSONNEL TO ENTER PRIVATE RESIDENCES WITHOUT INVITATION DURING MEDICAL EMERGENCIES. This Ordinance passed unanimously on first reading at the February 6 Council meeting. This allows entry in private residences in respond- ing to emergencies. Staff recommends adoption. -272- 1 February 20, 1979 11. DEEDS AND EASEMENTS. The following agreements are brought before Council for consideration. New Mercer Ditch Crossing Agreement for Horsetooth Water Line for the construction a 24" water line under ditch company's ditch on the north side of Horsetooth Road approximately 207 feet west of the C & S Railroad R.O.W. in the SE1/4 of Section 26, Township 7 North, Range 69 West of the 6th P.M., Larimer County, Colorado -- Consideration: $250. New Mercer Ditch Crossing Agreement for Warren Sewer Trunk Extension for the construction of an 18" sewer line under ditch company's ditch on the west side of U.S. Highway 287 approximately 465 feet west of said Highway R.O.W. in the SE1/4 of Section 35, Township 6 North, Range 69 West of the 6th P.M., Larimer County, Colorado -- Considera- tion: $250. Staff recommends approval. 1 12. RESOLUTIONS AUTHORIZING STREET NAME CHANGES IN FOOTHILLS PARK RESUB- DIVISION. These Resolutions are city -initiated requests for three street name ' changes located within Foothills Park Resubdivision in order to correct street name duplications. Requested changes are "Liberty Drive" to "Justice Drive," "Liberty Court" to "Justice Court," and "Frontier Drive" to "Republic Drive." Staff recommends approval. 13. REPLAT OF LOT 1, BLOCK 15 and LOT 18, BLOCK 12, AND FINCH STREET, ALL IN THE LARKBOROUGH SUBDIVISION. Finch Street was requested at the time of the platting process for the Larkborough Subdivision to provide access into the adjacent property to the west. Due to the configuration of the development to the west, the Finch Street is no longer necessary. Staff recommends approval. 14. GOLDEN MEADOWS SUBDIVISION, FINAL, FIRST FILING. This is a proposal for 118 single-family lots on 38+ acres zoned "R-L-P" located south of Collindale Golf Course and east of Lemay Avenue. Staff recommends approval. 15. GOLF PRO CONTRACTS. Our contracts with Jim Greer and Bill Metier expired on December 31, 1978. We would like approval for an additional one-year contract (with automatic renewal for one year unless one of the parties desires to terminate) for each professional. Staff recommends approval. 16. CONCESSIONAIRE'S CONTRACT AT COLLINDALE GOLF COURSE. This is a contract for operation of the Concession at Collindale Golf Course between the City and Jack and Florine Whitt. Staff recommends approval. -273- February 20, 1979 The ordinances presented for adoption on second reading were read by title by City Clerk Verna Lewis as follows: Item No. 5 Second Reading of Ordinance No. 13, 1979, Authorizing the City Attorney to Set the Salaries of the Assistant City Attorneys. Item No. 6 Second Reading of Ordinance No. 14, 1979, Amending the Uniform Building Code Relating to Sprinkler Systems Item No. 7 Second Reading of Ordinance No. 15, 1979, Amending the Uniform Building Code Relating to Kitchen Ceiline Heieht Item No. 8 Second Reading of Ordinance No. 16, 1979, Amending the Uniform Building Code Relating to Abolishment of Fire Districts Item No. 10 Second Reading of Ordinance No. 18, 1979, Authorizing Police, Fire, and Emergency Medical Personnel to Enter Private Residences Without Invitation During Medical Emergencies Councilman Wilkinson made a motion, seconded by Councilwoman Gray to adopt and approve all items not withdrawn from the Consent Calendar. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED Ordinance Adopted As Amended on Second Reading Repealing and Re -Enacting Chapter 35 of the Code Relating to Animals and Insects Following is the City Manager's memorandum on this item: " On January 16, Council passed this Ordinance on first reading with certain modifications to be made and brought back on second reading. This Ordinance was tabled at the February 6 meeting to allow the Humane Society for Larimer County to review the Ordinance. Since that meeting, Staff has met with repre- sentatives of both the Humane Society for Larimer County and the Larimer County Health Department to discuss possible modi- fications of the Ordinance which further Council's intent. The modifications requested by Council and suggested by the two previously mentioned groups include: 1 -274- February 20, 1979 ' 1. Section 35-4(B). License Tags. This provision has been modified to allow animals to be tattooed with identifica- tion numbers issued by the Director of Finance at the time the required license is issued. The presence of a proper tattoo would allow the animal to be exempt from the requirement of wearing a license tag on a collar only when such animal is restrained on the owner's premises. 2. Section 35-21. Rabies Vaccination. The original provision concerning rabies vaccination established a fixed periodi- city of three years. At the request of the Larimer County Health Department, this provision has.been modified to allow animals to be vaccinated at intervals established in the Compendium of Animal Rabies Vaccines. The modifica- tion of this provision allows veterinarians flexibility to administer different vaccines, depending on the animal's condition. By incorporating the recommendations in the Compendium of Animal Rabies Vaccines, the Ordinance will be able to remain contemporary without the need for reconsideration by the Council whenever a rabies vaccine is proven to be effective for a period other than what was previously established. This -modification still al- lows the pet owner the flexibility of having the animal vaccinated with the vaccine which is effective for three years. For licensing, the owner is required to present a valid rabies vaccination certificate which bears the date of vaccination and the expiration date of the vaccina- tion. 3. Section 35-57. Unprovoked Biting of Humans. The modifi- cation requested by Council in this provision allows the Municipal Court to take discretionary action after the first unprovoked bite but requires mandatory action by the Municipal Court after the second unprovoked bite. These modifications address the concerns expressed by Council at first reading and incorporate the suggestions of other inter- ested groups which reviewed the Ordinance prior to second read- ing. Staff and the previously mentioned groups are in agreement on the above modifications. At the present time, there still remains one point of contention in the body of the Ordinance. The Humane Society for Larimer County has expressed some concern about the limitation on the number of pets set forth in Section 35-8. Some public discus- sion of this provision is anticipated." -275- February 20, 1979 Following is the Assistant City Attorney's, Pete Ruggiero, memo- randum on this item: " Since the presentation of the Animal Control ordinance for first reading on January 16, 1979, some community groups have expressed concern over the provision contained in the Animal Control ordinance which establishes limitations on the quantity of animals. Presently, Section 118-81 (D) (2) provides that pets, such as dogs or cats, may be kept in quantities of no more than four adult animals per lot. This provision is contained in the present zoning ordinance which classifies the keeping of pets as a permitted accessory use. The Animal Control ordinance incorporates the substance of this previously discussed zoning provision. Section 35-8 (A) of the Animal Control ordinance similarly limits the quantity of adult animals per dwelling to no more than four. Additionally, the provision states that no more than two of such animals may be dogs. Furthermore, the provision provides for the registration of additional animals which are presently in the City. In essence, the Animal Control ordinance incorporates the ' presently enacted provision of the City zoning code which establishes a limitation on the quantity of animals. As a result of the reenactment of the Animal Control ordinance, this applicable zoning provision has been incorporated, as modified by the City Council, for the purposes of ensuring a comprehensive Animal Control ordinance." The following persons had signed up, in advance, to speak in favor or in opposition to the Ordinance: For: 1. Donna Whitter, 1712 Clearview Court, who spoke to several points, in particular against license fees. 2. Dr. Lawrence Johnston, Larimer County Health Depart- ment. 3. Dr. Wayne Allard, Larimer County Board of Health. Against: 1. Dr. David Neal, President of the Humane Society, ' he spoke against article 3 of the Ordinance as drafted. -276- February 20, 1979 ' 2. Dr. J.P. Jordon, 917 Edward, CSU Extension Station. 3. Alice Young, 1016 Remington. 4. Reed Mitchell, 604 Garfield, Fort Collins Retriever Club. At the conclusion of the hearing, and Council questions and comments: Councilwoman Gray made a motion seconded by Councilman Bowl- ing, to amend Ordinance No. 10, 1979, by deleting in section 35-8 A. the words "provided that no more than two (2) of such animals may be dogs" after the word "dwelling"; and by sub- stituting the word "dogs", to "cats" in section 35-21 B, the second line. Yeas: Councilmembers Bowling, Gray, Suinn and Wilkinson. Nays: Councilmembers Bloom, Russell and St. Croix. THE MOTION CARRIED. Councilman Bowling made a motion, seconded by Councilman Wil- kinson, to adopt Ordinance No. 10, 1979 on second reading as amended. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. THE MOTION CARRIED. Ordinance Adopted on Second Reading Amending Section 118-8.1 of the Code Being a Part of the Zoning Ordinance Relating to Accessory Uses and Pets Following is the City Manager's memorandum on this item: "This Ordinance passed unanimously on first reading at the January 16 Council meeting. This Ordinance change is in concert with those amendments made in Ordinance No. 10, 1979. It is a technical change to the zoning ordinance relating to accessory uses and pets which is consistent with the revisions made to the Animal Control Or- dinance. Staff recommends adoption." Councilman Bowling made a motion, seconded by Councilman St. Croix, to adopt Ordinance No. 11, 1979, on second reading. ' Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED. -277- February 20, 1979 Executive Session Authorized Councilman Bowling made a motion, seconded by Councilman St. Croix, to adjourn into executive session for ,the purpose of discussing property acquisition. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED. Citizen Participation Mayor Suinn stated that no action would be taken this evening on the petition circulated by CALM, regarding the Marijuana petition; this item would be addressed at the adjourned meet- ing of February 27, 1979 at 3:00 p.m. Mr. Charles Rapp, 230 Jackson Avenue, Fort Collins, pro- ponent of Linden Square informed the Council that he has been forced to abandon the project, due to economic rea- sons. Councilmembers suggested that the administration look at ' the possibility of a Public/Private Corporation funding mechanism for this and similar projects, and report back. A• Resolution Adopted Recognizing J.R. Peterson for His Service to the City and Community Councilwoman Gray made a motion, seconded by Councilman Bowl- ing, to adopt the Resolution. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED. B• Resolution Adopted Establishing Youth Memorial Fund Councilman Bloom made a motion, seconded by Councilman Wilkin- son, to adopt the Resolution. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED. -278- 1 February 20, 1979 City Manager's Report (a) City Manager Arnold reported that he had heard late in the afternoon from the Highway Department, that they have reallocated 1.3 million dollars of the Expressway money to other projects; they had indicated, however, that this will not have a negative impact in terms of development of the by -bass expressway. (b) City Manager Arnold reported that the City now has a cash register in the Building Inspection Department. (c) City Manager Arnold then reported on the schedule for Council meetings for the next two months. Ordinance Defeated on First Reading to Promote Moderate Growth in Fort Collins Mayor Suinn again announced that persons have signed up to speak in favor or in opposition to the proposed Ordinance. The time limit has been set at 30 minutes for each side. Following is the City Manager's memorandum on this item: "Planning, legal, and other staff have reviewed this Ordinance in detail. As you recall, our first responsibility under ini- tiative is to decide whether to recommend the Ordinance for adoption by Council. As we see it, the Ordinance is badly written. It has flaws in construction and we can envision being involved in litigation that might mean a final result different than anticipated. There -are better ways to provide for growth management than the initiated Ordinance. We are working now on "tools" that will better do the job -- the land use plan, implementation devices, phasing schedules, and capital improvement programs. Staff recommends Council not adopt the Ordinance. That re- quires that it be submitted to the electorate." Planning and Development Director, Chuck Mabry, spoke to the staff's recommendation for denial and outlined ten consequences of the Moderate Growth Ordinance. Assistant City Attorney Deagle reported on the legal aspects of the Ordinance. Those speaking in favor of the proposed Ordinance were as fol- lows: ' 1. Justus Wilkinson, 429 South Whitcomb. 2. Richard Hopkins, 508 Gordon. -279- i February 20, 1979 3. Tom Mckenna, 2121 Brookwood. ' 4. Joe Stern, 1121 LaPorte Ave. Those speaking in opposition to the proposed Ordinance were: 1. Attorney William Allen, Chairman of the People's Pro- gram for Managed Growth. 2. Lester Kaplan, Planning Consultant. 3. Attorney Scott Albertson, representing Medema Homes. 4. David Luplow, Property Management. 5. E. Scott Billington. 6. Gary Cassell, Chamber of Commerce. At the conclusion of the hearing: Councilman Bloom made a motion, seconded by Councilman Bowling, to to deny Ordinance No. 23, 1979, on first reading. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED. Ordinance Adopted on First Reading Calling for and providing for the General City Election on Tuesday, April 3, 1979 Following. is the City Manager's memorandum on this item: "This Ordinance provides and calls for a General City Election for the purposes of: 1. Electing three at -large City Council members to hold office for four years; and 2. Submitting a citizens' initiative, "Being an Ordinance to Promote Moderate Growth in Fort Collins, " to the vote of the qualified electors. Staff recommends approval. However, if Council has decided in the previous item to adopt the growth ordinance, then Council will need to delete the submission of the i.ni.tinted ordinnnvo ' for ballot purposes." -280- February 20, 1979 ' Councilwoman Gray made a motion, seconded by Councilman Bloom, to adopt Ordinance No. 24, 1979, on first reading. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED. Ordinance Adopted on First Reading Amending Certain Sections of Chapter 118 of the Code Being a Part of the Zoning Ordinance and Relating to Signs. At the time this item appeared on the agenda, Mayor Suinn stated that it would be delayed to later in the meeting. When this item was addressed, Councilman Bloom had left the meeting. Following is the City Manager's memorandum on this item: This Ordinance was tabled on January 16 and February 6 to allow Council more time to review the Ordinance. ' At the January meeting, off -premise signs (billboards) were discussed. Staff has added a provision to address this issue. Generally, off -premise signs are allowed, but they have to conform to all provisions of the Code within five years after the effective date of the Ordinance or be removed. Staff recommends adoption of this Ordinance on first reading." Councilmembers inquired into the provision for internally il- luminated signs. Zoning Administrator, Jim Gionfriddo spoke to these provisions. Mayor Suinn made a motion, seconded by Councilman St. Croix, to delete in section 7, the phrase "and has indirect illumina- tion". Yeas: Councilmembers Suinn and St. Croix. Nays: Coun- cilmembers Bowling, Gray, Russell and Wilkinson. THE MOTION FAILED. Councilman Wilkinson made a motion, seconded by Councilman Gray, to adopt Ordinance No. 7, 1979, on first reading. Yeas: Coun- cilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. ITHE MOTION CARRIED. -281- February 20, 1979 Ordinance Adopted on Second Reading ' Rezoning HCI-Mitchell/East Horsetooth Road Property Following is the City Manager's memorandum on this item: "This Ordinance passed favorably on first reading at the February 6 Council meeting. This is a proposal to zone 10.0 acres located on the north- west corner of Plaza Drive and Horsetooth Road, from "T" to "B-P." Staff recommends adoption." Councilman St. Croix made a motion, seconded by Councilman Wilkinson, to adopt Ordinance No. 19, 1979, on second reading. Yeas: Councilmembers Bloom, Bowling, Russell, St. Croix, Suinn and Wilkinson. Nays: Councilwoman Gray. THE MOTION CARRIED. Ordinance Adopted on First Reading ' Approving an Agreement Placing Re- strictions on Golden Meadows Center Rezoning; and Protective Covenants with Three Adjacent Property Owners Following is the City Manager's memorandum on this item: "During consideration of the Golden Meadows Center Rezoning on first reading, Council expressed some concern about possi- ble commercial utilization of the subject property and the ad-, jacent properties being developed by the same owners. The applicants agreed to the following modifications: 1. To waive the commercial allotment for the adjacent properties so that they develop in a residential fashion; and 2. To limit commercial development of the subject property to 100,000 square feet gross leasable area with the remainder of the property to be developed in a residential manner. Attached please find three (3) protective covenants which pro- vide for a waiver of the commercial allotment of the three ad- jacent properties. ' -282- February 20, 1979 ' Attached also please find an Ordinance approving an agreement with the owners of the property limiting commercial develop- ment of the subject property to 100,000 square feet, gross leasable area. Staff recommends approval." Councilman Bowling made a motion, seconded by Councilman Wil- kinson, to adopt Ordinance No. 25, 1979, on first reading. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED. Ordinance Adopted on Second Reading Amending the Zoning on Property Known as Golden Meadows Center Rezoning Following is the City Manager's memorandum on this item: "This Ordinance passed favorably on first reading at the Febru- ary 6 Council meeting. ' This is a request for "B-P" zoning on 18.3 acres presently zoned in the "T," Transition zone, located on Harmony Road east of Lemay Avenue. The Planning and Zoning Board recommended approval of the re- zoning subject to seven conditions. Lucia Liley included a memo on first reading summarizing a recent court case that would, in essence, make five of those conditions unenforceable. In light of this court case and Staff's recommendation, Coun- cil approved the request considering, only the two conditions not affected by the Court case. The Agreement and covenants in the preceding item addressed these conditions. Staff recommends adoption." Councilman Wilkinson made a motion, seconded by Councilman Russell, to adopt Ordinance No. 22, 1979, on second reading. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE 140TION CARRIED. -283- February 20, 1979 Award Bid for Extension ' of Warren Lake Trunk Sewer Following is the City Manager's memorandum on this item: "On February 9, 1979, bids were opened for the extension of the Warren Lake Trunk Sewer. With the completion of this contract, the trunk will be complete to a point just west of the C & S tracks and provide sewer service to Fossil Creek Commercial Plaza, Larkborough Subdivision and the Woodlands PUD. Funds for this project were allocated in the 1979 bud- get. The low bidder on this project was Garney Companies. Garney Companies, Inc. is a rather large company based in Kansas City, Missouri and has good general qualifications for a job the size of the Warren Lake Trunk, Schedule B. In addition we have received a favorable recommendation by an engineer involved in a project that is currently under con- struction by Garney Companies, Inc. for the ELCO Water Dis- trict. We recommend the contract be awarded to Garney Construction of Kansas City, Missouri, for their low bid of $99,138.77." Director of Water and Sewer, Roger Krempel, responded to ' Council inquires regarding the engineering estimates. Councilwoman Gray made a motion, seconded by Councilman Bowl- ing, to award the bid to Garney Companies. Yeas: Council - members Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED. Award Bid for Extension of Spring Creek Relief Sewer Following is the City Manager's memorandum on this item: "On February 9, bids were opened for the extension of the Spring Creek Relief Sewer to Shields Street. This extension is designed to relieve an overloaded existing sewer and extends from the C & S tracks to Shields Street, south of Prospect Street. Funds for thLs project were allocated in the 1979 budget. The low bidder on this project was Oliver Construc- tion. Oliver Construction, Inc. Is n 1-1rm hnsod In GreoLey. We ' have received favorable recommendntEons From engineers involved wlih 1)1evLous Oliver Construction projects for the City of Milli - NO 0 February 20, 1979 ken and the Horseshoe Sanitation District. Oliver also re- ceived a favorable recommendation from the engineer involved in a large City of Greeley drainage project. Staff recommends the contract be awarded to Oliver Construc- tion of Greeley, Colorado for their low bid of $109,103.90." Councilman Wilkinson made a motion, seconded by Councilman Bowling, to award the bid to Oliver Construction. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED. Resolution Approved Establishing Community Block Grant Acquisition and Redevelopment Following is the City Manager's memorandum on this item: The 1978 community development program budget presently has approximately $56,000 in a contingency category. During the program budget hearings last year, the staff had requested $50,000 to begin a land acquisition program to ' acquire undeveloped land for subsidized housing. The Council did not approve the funds, but placed them in contingency to allow the staff time to develop an alternative approach. Since then, we have taken the Council on a neighborhood tour and Jim Woods has revised the concept, to one of acquisition and redevelopment. Under this approach, we would acquire dilapidated or unused property in the older target neighbor- hoods, clear the property and then work with private developers or the Housing Authority to redevelop the property. For example, we are presently working with Home Federal Savings and the Housing Authority to finance a four-plex in the Buckingham area that will have no federal rent subsidy. If the Council will approve using block grant funds to acquire and clear the property along with making site improvements, we think the project is feasible. There are many other variations of public/private cooperation that could be employed, but the basic objective is to begin clearing the blighted property in our community development target areas, and to stimulate private investment in the area. All proposed acquisitions will require Council's approval prior to their purchase. This fits in with other programs Council has directed our development of, namely, the safety code and the rental license. It is important for the City to leave a variety of tools available to deal with the creation of low and moderate income housing. It is also important to eliminate dilapidated housing; and through this program, we can begin to do both. In order to allocate the funds, the Council must authorize an amendment to the ' block grant program, which the staff must then submit to HUD for approval. This process takes approximately 60 days to complete. Approximately $6,000 will remain in contingency to cover cost overruns in other approved projects. Staff recommends approval. " -2n5- February 20, 1979 Housing Rehabilitation Director, Jim Woods, responded to I Council inquires regarding the land acquisition program. Councilwoman Gray made a motion, seconded by Councilman Rus- sell, to adopt the Resolution. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED. Ordinance Adopted on First Reading Approving an Agreement for Financing of Library Computer Terminals Following is the City Manager's memorandum on this item: "In October of last year, Council authorized the acquisition of computer terminals to be used in the Automated Library Sys- tem. As planned, a partial payment was made to the vendor out of 1978 funds, with the remainder to be "financed" by a lease/ purchase arrangement over a three-year period. Since that time, various financing plans have been analyzed ' by staff. A proposal by Boettcher & Company to finance the $25,000 over three years at 7.5% is considered most economical. State gtatutes authorize the Council to enter into a long-term lease with the option to purchase so long as it is done by Or- dinance. Staff recommends approval." Councilwoman Gray made a motion, seconded by Councilman Bowl- ing, to adopt Ordinance No. 26, 1979, on first reading. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED. Ordinance Adopted on First Reading Amending the Code Relating to Utility Improvement and Trust Funds and Establishing a Policy for Retained Earnings for Such Funds Following is the City Manager's memorandum on this item: 0 February 20, 1979 ' The Finance Department has been in the process of developing accounting and reserve policies for the three utility funds in response to specific problems. The attached memo from Ron Wood points out (1) the specific problems; (2) fac- tors considered during the review process; (3) determination of specific re- quirements for accounting procedures and reserve balances; and (4) the actions necessary to accomplish these requirements. The actions necessary to accomplish this include: 1. Amend accounting procedure ordinances to clearly conform to accepted accounting principles; 2. Adopt operating reserve policies for all utilities to maintain reserve balances equal to 8% of budgeted operating.expenditures; 3. Adopt policies for all utilities reserving retained earnings in an amount equal to one-half the average annual debt service requirements; 4. Adopt capital improvement reserve policies for each utility estab- lishing a target balance equal to average annual cost of 5-year capital improvement program; ' 5. Adopt policies of each utility reserving all retained earnings not reserved for other purposes. This Ordinance amends present ordinances dealing with accounting procedures to clearly conform to generally accepted accounting principles in establishing a policy and segregating retained earnings in the three utilities. Ron Wood has worked with the Utility Directors and discussed this in detail. All agree this is a sound fiscal policy. This policy was reviewed in detail by the City Council Finance Committee and concurrence was reached on this approach. Staff recommends approval. -287- February 20, 1979 Councilman St. Croix commented on the concept of retained t certain percentages in reserve operations, current debt, fu- ture capital and utility plan, but he recommended that the intent be footnoted. Director of Finance, Ronald Wood, stated these items would be footnoted. Councilman Russell made a motion, seconded by Councilwoman Gray, to adopt Ordinance No. 27, 1979, on first reading. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED. Resolution Adopted Establishing Reserve Policies for retained Earnings for the Water and Sewer Utility Funds Following is the City Manager's memorandum on this item: "The Finance Department has been in the process of developing accounting and financial reserve policies for the water and sewer utility. This is necessary in order to (1) keep ade- quate financial records and (2) satisfy charter and code pro- ' visions relating to segregation of debt -service, operating costs and future capital improvements. The proposed policy for retained earnings in the Water and Sewer Utility basically established reserve policies for (1) debt service; (2) operating; (3) capital improvements; (4) Invested -in -Utility -Plant; and that any excess will go into the Capital Improvements Reserve. Staff recommends approval of this Resolution approving this reserve policy." Councilman Bowling made a motion, seconded by Councilwoman Gray, to adopt the Resolution. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED. Resolution Adopted ris Amended Relat inF; to Establishing a Reserve Policy for Retained Earnings in the Light and Power Fund and Amending Provisions Relating to Electric Utility Rates _ Following is the City Manager's memorandum on this item: ' -288- ' "In order to develop accounting and Light and Power Utility, the section relating to Electric Utility Rates reserve policy provisions. A copy o is attached for your review. Staff recommends approval." 1 February 20, 1979 reserve policies for the of Resolution No. 77-68 was amended to include the f this original Resolution Councilman Russell made a motion, seconded by Councilman St. Croix, to amend the resolution by adding the word "revenue" between the words "all" and "bonds"; and deleting "of the City due and payable from electric revenue" and substituting "is- sued by the electric utility of the City". Yeas: Council - members Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED. Adjournment Mayor Suinn declared the meeting adjourned to 3:00 p.m. on February 27, 1979. The meeting was adjourned at 11:15 p.m. ATTEST: City ler c