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HomeMy WebLinkAboutMINUTES-03/17/1987-RegularMarch 17, 1987 ' COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council -Manager Form of Government Regular Meeting - 6:30 p.m. A regular meeting of the Council of the City of Fort Collins was held on Tuesday, March 17, 1987, at 6:30 p.m. in the Council Chambers in the City of Fort Collins City Hall. Roll call was answered by the following Councilmembers: Estrada, Horak, Kirkpatrick, Liebler, Rutstein, and Stoner. Staff Members Present: Burkett, Huisjen, Krajicek Council Organizational Items A. Oath of Office as Mayor by Councilmember Larry Estrada City Clerk Krajicek administered the oath of office as Mayor to Councilmember Estrada. B. Resolution 87-38 Appointing G. C. "Chuck" Mabry to Fill a Vacancy for Councilmember At -Large on the City Council ' Councilmember Liebler made a motion, seconded by Councilmember Kirkpatrick, to adopt Resolution 87-38. Councilmember Horak stated he felt it made sense to appoint Mr. Mabry at this time to fill the vacancy left by the resignation of Kelly Ohlson. Mayor Estrada agreed with Councilmember Horak, noting that Mr. Mabry received the second highest number of votes in the March 3 At -Large Election. The vote on Councilmember Liebler's motion to adopt Resolution 87-38 was as follows: Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Liebler, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. C. Oath of Office as Councilmember At -Large by G. C. "Chuck" Mabry. City Clerk Krajicek administered the oath of office as Councilmember to newly -appointed Councilmember Mabry. -371- March 17, 1987 Agenda Review: City Manager , City Manager Burkett removed Item #16, Hearing and First Reading of Ordinance No. 49, 1987, Appropriating Prior Year Reserves in the General Fund and Authorizing the Transfer of Appropriations to the Capital Projects Fund, from the Consent Agenda. Councilmember Horak requested Item #26, Resolution 87-37 Making Appointments to the Water Board, be withdrawn from the Consent Calendar. Consent Calendar This Calendar is intended to allow the City Council to spend its time and energy on the important items on a lengthy agenda. Staff recommends approval of the Consent Calendar. Anyone may request an item on this calendar be "pulled" off the Consent Calendar and considered separately. Agenda items pulled from the Consent Calendar will be considered separately under Agenda Items #30 and #41, Pulled Consent Items, except items pulled by anyone in the audience or items that any member of the audience is present to discuss that were pulled by staff or Council. These items will be discussed immediately following the Consent Calendar. go 17 Consider approval of the minutes of the regular meeting of February 17. The Commission on the Status of Women was established in 1986 comprised of 7 members and 2 alternates. The scope of Commission's workplan has prompted them to request that Council change the size of the Commission. The Commission is requesting that the membership be expanded to 11 members and 2 alternates. These 4 new members will serve terms which expire July 1, 1990. Current members will retain the terms to which they were appointed. On July 1, 1990, the Commission will return to its original size, unless the Commission presents an evaluation and proposal to the Council requesting that the increased size be extended. This Ordinance;which was unanimously adopted on First Reading on February 17, increases the Commission size. This Ordinance, which was unanimously adopted on First Reading on February 17, appropriates $38,500 of prior year undesignated reserves in the Golf Fund for the outright purchase of 12 gasoline powered golf cars at Collindale Golf Course (replacing 10 existing electric golf cars acquired in 1980) and a greens aerifier for City Park Nine Golf , Course, rather than the lease/purchase of the golf cars and greens -372- March 17, 1987 ' aerifier as was originally intended. When the 1987 Golf Fund budget was proposed and adopted by Council, it was our intent to lease/purchase the 12 replacement golf cars and greens aerifier. However, after review of our Golf Fund 1986 ending year financial condition, we are now recommending the outright purchase of these capital equipment items rather than lease/purchase. 8. Ordinances Relating to the Salaries of the City Attorney and the City Manager. A. Second Reading of Ordinance No. 35, 1987, Fixing the Salary of the City Attorney. Second Reading of Ordinance No. 36, 1987, Fixing the Salary of the City Manager. City Council has met in Executive Session to perform the annual evaluations of the City Attorney and City Manager. These Ordinances, which were unanimously adopted inserting the dollar amounts on First Reading on February 17, will establish the 1987 salaries for these two individuals. 9. Items Related to the Spring Creek Farms Third Annexation and Zoning A. Second Reading of Ordinance No. 34, 1987, Annexing Approximately 104.5557 Acres, Known as the Spring Creek Farms Third Annexation. B. Hearing and First Reading of Ordinance No. 38, 1987, Zoning Approximately 104.5557 Acres, Known as the Spring Creek Farms Third Annexation, Into the R-L-P, Low Density Planned Residential, Zoning District. This is a request to annex and zone approximately 104.5557 acres of property, located east of the Fox Meadows Subdivision, south of East Horsetooth Road, and west of County Road 9. The property is presently vacant. The annexation ordinance, Ordinance No. 34, 1987, was adopted unanimously on First Reading on February 17. APPLICANT: Spring Creek Farms, Inc. OWNER: Same Attn: Glen Johnson 3237 Nelson Lane Fort Collins, CO 80525 10. Items Related to the Warren Lake Annexation and'.Zoning A. Hearing and First Reading of Ordinance No. 39, 1987, Annexing Approximately 188.469 Acres, Known as the Warren Lake Annexation. B. Hearing and First Reading of Ordinance No. 40, 1987, Zoning Approximately 188.469 Acres, Known as the Warren Lake Annexation, into the R-L-P, Low Density Planned Residential, Zoning District. 1 -373- March 17, 1987 11 12. This is a request to annex and zone approximately 188.469 acres located south of East Horsetooth Road and adjacent to Lemay Avenue. The site is predominantly Warren Lake with a small portion of property located east of Lemay Avenue, which is presently an enclave of county area completely surrounded by incorporated area of the City of Fort Collins. The requested zoning is the R-L-P, Low Density Planned Residential, Zoning District. Items Relating to the West Drake Annexation and Zoning A. Hearing and First Reading of Ordinance No. 41, 1987, Annexing Approximately 27.51 Acres Known as the West Drake Annexation. Hearing and First Reading of Ordinance No. 42, 1987, Zoning Approximately 27.51 Acres, Known as the West Drake Annexation, into the R-P, Planned Residential, Zoning District. This is a request to annex and zone approximately 27.51 acres located south of Drake Road and west of Taft Hill Road. The requested zoning is the R-P, Planned Residential, Zoning District. APPLICANTS OWNERS: Same City of Fort P.O. Box 580 Fort Collins, Collins Mr. & Mrs. Wm. Heinemann 2141 Hillcrest Lane CO 80522 Twin Falls, Idaho This is a request to rezone approximately 18.7 acres of property, located east of Riverside Drive, along East Mulberry Street, and west of the Poudre River, from the T-Transition Zoning District to the RC, River Corridor, Zoning District. The northern portion of the property is the location of one of the City's wastewater treatment plants. APPLICANT: City of Fort Collins OWNER: City of Fort Collins Colorado Dept. of Highways 13. Hearing and First Reading of Ordinance No 44 1987 Vacating an Existing Alley in Block 293 Westside Addition The Housing Authority is requesting the vacation of the west portion of a double alleyway in Block 293 of the Westside Addition. The alley has not been used for many years and the Housing Authority owns all the property adjacent to the alley to be vacated. The purpose of vacating the alley is to better utilize the surrounding lots for redevelopment. -374- March 17, 1987 ' All Utilities have been contacted and have no problems or objection with the vacations. 14. Hearinq and First Readina of nrdinnnra Nn a9 1007 The Harmony Trunk Sewer Improvement District was established in March of 1986 and allowed for the construction of approximately 3.2 miles of gravity sewer main from the existing terminus on County Road 9 adjacent to Hewlett Packard's north gate to the west side of the Union Pacific Railroad tracks, 112 mile south of Harmony Road. In April of 1986, the city issued special assessment bonds in the principal amount Of $995,000 to finance the cost of the construction of these improvements. The district is located south of Harmony Road and east of Lemay Avenue. It extends to Minor Road (County Road 9) eastward and to the McClelland Creek (approximately) southward. The total cost of the improvements was $1,276,305.04. The assessable portion is $969,534.65 and the City's portion is $306,770.40. All notice requirements have been met. 15. ' Prior Year Reserves in the Eouipment Fund The Equipment Division needs to purchase twelve (12) vehicles for the equipment pool to replace those vehicles transferred to the fleet departments. Council action is required to appropriate $126,000 from the Equipment Fund Undesignated Reserve to the Equipment Division's operating budget. 16. The Equipment Fund's reserve has $269,000 available. The cost of these vehicles will be recovered over six (6) years through leasing charges to the departments using the vehicles. During the 1987 Budget process it was recommended that funding of supplemental requests should wait until it could be determined that 1986 cash balances exceeded our projections. At this time, due to higher Sales & Use Tax receipts. we will have additional funds available for these necessary supplemental requests. This ordinance appropriates a total of $125,528 from General Fund prior year reserves for the replacement of computer terminals in the 1 -375- March 17, 1987 Public Library, an increase in the animal control contract services and for the removal of asbestos from City buildings. 17. Staff is requesting $40,000 from Energy Fund Reserve to fund minor energy conservation measures, further maintenance technician energy conservation training, and new energy saving devices. The Energy Fund Reserve has a $199,111 balance. IN In past years, the City has entered into two-year concession agreements with various local vendors to operate the summer concession stands at the ballfields and outdoor pool. The last agreement expired December 31, 1986. We have received a bid from Hoffman Concessions for such concession for the period beginning with the 1987 season. The Hoffman Concession bid is contingent upon the City granting an agreement to operate the concession stands for a period of two years with renewal provisions for three additional one year periods. Staff is requesting that Council authorize the City Manager to enter into such an agreement. 19. Resolution 87-39 of Intent Annexation and the Pine Ridae to Annex Two Parcels Known as the Bath Annexation_ ' As adopted in 1980, the Intergovernmental Agreement for the Fort Collins Urban Growth Area provides that the City of Fort Collins will annex all eligible property within the Urban Growth Area. The annexation laws of the State of Colorado allow a municipality to annex county enclaves which have been completely surrounded by the city for three or more years. There are a number of properties throughout the city that qualify for annexation under these terms. At the request of the City Council, staff has been processing the annexation of county enclaves as they become eligible under State law. These two annexations were approved by the Planning and Zoning Board on February 23, 1987, each by a vote of 7 - 0. 20. Resolution R7- Water. This Resolution authorizes the Mayor and City Clerk to execute a Temporary Use Permit with the Northern Colorado Water Conservancy District (NCWCD), allocating the use of 1,111 acre-foot units of CBT water to the City. I -376- Anheuser-Busch is transferring 1,111 units of CBT water to the City of ' Fort Collins as part of the water rights required to satisfy the terms of the Master Agreement between the City and Anheuser-Busch. When CBT units are transferred, the Northern Colorado Water Conservancy District requires that a Temporary Use Permit be approved by an appropriate resolution by the City Council. Since transfers using permanent contracts take longer and are more complicated, they are initially made using the Temporary Use Permits. Every few years, all CBT water owned and used under a Temporary Use Permit is converted to use under a permanent contract. 21. Resolution 87-41 Authorizing the City Manager to Extend a Lease on the Rockwell Ranch. This resolution would authorize the City Manager to approve an extension of the lease of the Rockwell Ranch property to Jesse C. Greer and Virlon G. Parker. The cities of Greeley and Fort Collins jointly own the Rockwell Ranch property and have leased it to Mr. Greer and Mr. Parker for the last 15 years. 22. The Resolution would authorize the City Manager to enter into a professional services contract with Rocky Mountain Consultants for design and construction engineering services for the Northeast Loop ' Waterline in the Amount of $132,334. The contract includes design of approximately four miles of transmission line on the northeast side of the City. 23. Resolution 87-43 Approving Rental Rates for Surplus Water for the 1987 Season. 24. This resolution would approve rates for the rental of the City's surplus water. Rental rates are set annually by City Council after review and recommendation by the Water Board. The City of Loveland Electric Department is requesting the grant of a 15-foot wide easement along the Public Service easement across the south end of the airport. The majority of this easement falls in the critical zone for the runway .and is an area where the ground can be utilized for nothing more than''greenbelt.. This construction will be to put electric cable underground and will. be the source of the airport's electrical service in the future. -377- March 17, 1987 25. Resolution 87-45 Approving a Ground Lease Agreement for Firewall , Forward at the Fort Collins -Loveland Airport A ground lease agreement with Firewall Forward, an engine overhaul shop, has been approved by the Airport Authority. This is a standard lease agreement which has been approved as to form by the Cities of Fort Collins and Loveland. The agreement with Firewall Forward has been reviewed and approved by the City of Loveland. The term of the lease is for 25 years with a period of extension after lease term of 25 years. The base rent is calculated at $.05 per square foot, plus increases after the first 5 years based on the Consumer Price Index (CPI). In addition, the lessee is asking for an assignment of the lease as collateral for his Small Business Administration (SBA) loan. This assignment gives SBA the right to cure a default if one should occur. 26. Resolution 87-37 Making Appointments to the Water Board 27. A vacancy currently exists on the Housing Authority due to the resignation of alternate member Beverly Lee. A vacancy also exists on the Water Board due to the resignation of Jimmy S. O'Brien. The Council liaisons have reviewed the applications on file. In keeping with Council's policy, the recommendations for these appointments were announced at the February 17 meeting. The , appointments were tabled to allow time for public input. Since the February 17 announcement, Ken Bonetti has withdrawn his name from consideration for the Housing Authority alternate position. The alternate position will remain open until the July 1 appointments are made. The prospective Water Board appointees are Ray Herrman and James Kuiken (alternate). This item was tabled from the February 3, 1987 meeting after a contractor indicated that there was little awareness in the construction industry about the proposal. Two additional meetings have since been held with various contractors, staff, and Building Contractor Licensing Board (BCLB) members. In addition, a staff proposal to restructure the license application and review process was introduced, which will consolidate the appellate function of the BCLB and Building Board of Appeals, and change the license application review system to a faster, staff managed examination and application procedure. -378- March 17, 1987 ' Implementation of these changes require further revision to the City Code than was presented in Ordinance No. 23, 1987. Staff therefore requests that Ordinance No. 23, 1987 be withdrawn at this time and presented to the Council at the next Council meeting as two separate ordinances. These new ordinances will incorporate certain provisions of the original Ordinance and will further restructure the license application and review process. Adoption of the Consent Calendar will accomplish the requested withdrawal. 28. Acceptance of the Canvass of the March 3 1987 Regular City Election Two at -large candidates, Susan Kirkpatrick and Chuck Mabry, received votes equal to at least 40% of the total number of voters who cast ballots at the Regular City Election on March 3. Since the third highest vote getter did not receive the required 40%, a Run -Off Election between Barbara Rutstein and Bob Winokur will be held on April 7 to determine the candidate to be elected to the third at -large Council seat. A two-year term for the District 2 Council seat was won by Loren Maxey. Seven Charter amendments were approved by the voters, and Amendment No. 4 was defeated. A Citizen -Initiated Resolution was also passed by the City voters. The Election Board has completed the canvass of the election. Total Ballots Cast at the Election: 9,113 Total Registered Voters: 45,299 Percentage who voted: 20.11% 29. Routine Deeds and Easements. a. Powerline easement from M. H. Mall, Inc. located at 207 West Myrtle Street. Consideration: $630. b. Powerline easement from William C. and Barbara S. Marquardt at the rear of 411 South Mason. Consideration: $3,714.20. c. Routine deed from Clarence E. Foster for right-of-way for County Road 52 (Richards Lake Road). Consideration: $8,580. d. Easements from Blue Spruce Farms, Inc. (1) Acceptance of purchase of Permanent Easement from Blue Spruce Farms, Inc. for Tract A (0.0343 acres for $471.68). (2) Acceptance of purchase of Permanent Easement from Blue Spruce Farms, Inc. for'Tract B (1.7926 acres for $1.00) (3) Acceptance of Temporary Construction Easement from Blue Spruce Farms, Inc. for Tract C (1.5812 acres). ' e. Slope Easement granted to Brenkert Corporation to construct an earthen berm onto Rolland Moore Park. Payment to City: $4,500. -379- March 17, 1987 Ordinances on Second Reading were read by title by Wanda Krajicek, City I Clerk. Item #6. Second Readina of Ordinance Nn_ 97. 19R7_ FYnaneiinn rha ci7n of Item V. Eouioment. Item #8. A. Second Item #9. A. Ordinances on First Reading were read by title by Wanda Krajicek, City Clerk. Item #9. B. Item #10. A. G11 Item #11. A. P1 Item #12. Item #13. sm March 17, 1987 I Item #14. Item #15. Item #16. Item #17. Item #18. Councilmember Rutstein made a motion, seconded by Councilmember Liebler, to adopt and approve all items not removed from the Consent Calendar. Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Liebler, Mabry, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. Ordinance No. 49, 1987, Appropriating Prior Year Reserves in the General Fund and Authorizing the Transfer of Appropriations Following is staff's memorandum on this item: "Executive Summary During the 1987 Budget process it was recommended that funding of supplemental requests should wait until it could be determined that 1986 cash balances exceeded our projections. At this time, due to higher Sales & Use Tax receipts we will have additional funds available for these necessary supplemental requests. This ordinance appropriates a total of $125,528 from General Fund prior year reserves for the replacement of computer terminals in the Public Library, an increase in the animal control contract services and for the removal of asbestos from City buildings. 1"a March 17, 1987 Background Library Terminals The Public Library began automating the circulation area in 1978. At that time six Dobson -Woodbury computer terminals were purchased with special interfaces and programming to facilitate Optical Character Reader (OCR) wands. These terminals, which have a critical impact on public service levels, are worn out and replacement parts and keyboards can no longer be found. In addition to the Library terminals, there is one terminal and OCR wand at the First Interstate Bank supplied under contract by the City for the entry of Utility Billing receipts. This is the same equipment as that used by the Library and in the same condition. This terminal is included in this funding request. We plan to replace these terminals with seven personal computers and eight new OCR wands for the Library and one terminal and OCR wand for First Interstate Bank for approximately $36,400. The personal computers will facilitate future programming to provide some back-up when the City's mainframe computer might be inaccessible. This will not only increase productivity and improve our service to the public, it will also provide a vehicle for future growth of computing resources at the public library. Funding is from General Fund prior year Equipment Replacement reserves. The ongoing maintenance for the new terminals and personal computers can be covered within the existing budget of the department. The cost breakdown follows. OCR wands 9 @ $2,400 $21,600 Personal Computers 7 @ $2,000 14,000 Terminal I @ $800 800 Total Cost $36,400 Animal Control Contract The 1987 Budget for the animal control contract with the Humane Society represented a reduction from 1986 service levels. That reduction eliminated 1.5 F.T.E. positions for the overlap coverage and seasonal parks and trails coverage. The cost of increasing the level of animal control services back up to the 1986 level will be approximately $181028., This will provide one full-time contractual animal control services officer for overlap coverage at a cost of $12,563 and one part-time seasonal contractual animal control services officer for a five month period. The current 1987 budget for animal control services is $132,713. This appropriation will increase that budget to $150,741. Funding is from the General Fund prior year reserves. 11 -382- March 17, 1987 ' Asbestos Removal In the spring of 1986, the City Council appropriated $100,000 for Phase II of the asbestos removal project. It is now apparent that this funding level is insufficient to remove the asbestos and pay for the required design, testing and administrative costs. The total cost to remove asbestos materials from eight City buildings is $204,470 broken out as follows: Construction $99,270 Architecture Fee 25,720 Testing & Air Monitoring 22,592 Administration 13,200 Contingency 43,688 Total Project Cost $204,470 The Water & Sewer Department has agreed to pay all related costs for its buildings from existing appropriations in the Capital Projects Fund. The remaining funds in the amount of $71,000 will be appropriated from the General Fund prior year reserve for buildings and improvements. The total funding is as follows: Existing Project Budget $100,000 Funds from Water & Sewer 33,470 General Fund 71.000 Total Funding $204,470 Councilmember Kirkpatrick made a motion, seconded by Councilmember Stoner, to adopt Ordinance No. 49, 1987 on First Reading. City Manager Burkett commented on this item, noting that the animal control funding was delayed during the 1987 budget process until year-end revenues and expenditures were determined. He stated the other items, library terminals and asbestos removal, surfaced after the budget process. Councilmember Horak stated he was glad to see that the process was being followed for allocating year-end funds. He stated he thought animal control in the parks was an important issue. Councilmember Kirkpatrick noted she was also glad to see funds allocated for animal control based on the results of the survey done by consultants concerning the park master plan. She also stated the asbestos removal fell in the category of hazardous materials and it was important to deal with it. Mayor Estrada stated he felt this was a justifiable expenditure and stated he would support the Ordinance. The vote on Councilmember Kirkpatrick's motion to adopt Ordinance No. 49, 1987 on First Reading was as follows: Yeas: Councilmembers Estrada, Horak, Kirkpatrick, liebler, Mabry, 'Rutstein, and Stoner. Nays: None. 1 -383- March 17, 1987 THE MOTION CARRIED. I Resolution 87-37 Making Appointments to the Water Board Adopted as Amended Following is staff's memorandum on this item: "A vacancy currently exists on the Housing Authority due to the resignation of alternate member Beverly Lee. A vacancy also exists on the Water Board due to the resignation of Jimmy S. O'Brien. The Council liaisons have reviewed the applications on file. In keeping with Council's policy, the recommendations for these appointments were announced at the February 17 meeting. The appointments were tabled to allow time for public input. Since the February 17 announcement, Ken Bonetti has withdrawn his name from consideration for the Housing Authority alternate position. The alternate position will remain open until the July 1 appointments are made. The prospective Water Board appointees are Ray Herrman and James Kuiken (alternate)." Councilmember Rutstein made a motion, seconded by Councilmember Stoner, to adopt Resolution 87-37. Councilmember Horak questioned whether is was procedurally correct to alter ' a Resolution that had been tabled from a prior meeting before it was put on the table for consideration this evening. City Clerk Krajicek stated that Mr. Horak was correct that the Resolution should not have been altered prior to consideration this evening. She noted that the Resolution was revised based on Mr. Bonetti's letter of withdrawal. Councilmember Horak expressed disappointment over Council's apparent action over the last month in encouraging Mr. Bonetti to withdraw his name from consideration for appointment to the Housing Authority. He spoke of past negative experiences he encountered in applying for boards and commissions. He pointed out that, in the past, considerations for appointment have been confidence, attendance of meetings, different viewpoint from current members, energy and enthusiasm. He noted Mr. Bonetti meets the standards in those areas, evidenced by his past membership on the Authority. He stated he felt Council: was setting a dangerous precedent by not appointing Mr. Bonetti for having different philosophies and being outspoken. He suggested Council consider some of the messages they be giving to the citizens of Fort Collins. Mayor Estrada stated Mr. Bonetti was not forced to withdraw his name from consideration. He 'stated he did tell Mr. Bonetti that he could not support I his appointment to the Housing Authority. 9i2 March 17, 1987 Councilmember Liebler questioned whether the Resolution on the tabled contains the appointment of Mr. Bonetti to the Housing Authority. City Clerk Krajicek stated the Resolution under consideration does contain all references to the Housing Authority and the appointment of Mr. Bonetti. She noted an amendment would be needed to remove all references to the Housing Authority and the appointment of Mr. Bonetti. Councilmember Kirkpatrick made a motion, seconded by Councilmember Stoner, to amend Resolution 87-37 to delete all references to the Housing Authority. In response to a question from Councilmember Horak, Councilmember Kirkpatrick stated the purpose of her amendment was to honor the wishes of Mr. Bonetti to have his name withdrawn from consideration. Councilmember Horak made a motion, seconded by Councilmember Liebler, to table this item until the Other Business portion of the meeting in order to produce evidence that Mr. Bonetti does not want to withdraw his name from _ consideration. Yeas: Councilmembers Horak, Liebler, and Rutstein. Nays: Councilmembers Estrada, Kirkpatrick, Mabry, and Stoner. THE MOTION FAILED. Councilmember Stoner stated he spoke with Mr. Bonetti about his actions at ' a recent CoPIRG meeting. He noted he could not support an individual who personally attacked members of Council at an improper forum. Councilmember Kirkpatrick stated she felt the ability to choose the right place and the right time to make views known was important and noted she objected to the use of forums that are inappropriate and using slanderous action at such forums. Councilmember Rutstein stated she was not familiar with the actions taken by Mr. Bonetti and therefore had no reason to believe he should not be appointed to the Authority. Councilmember Horak stated that Councilmember Kirkpatrick's statement made it clear that her purpose of the motion to remove the Housing Authority reference from the Resolution was not in response to Mr. Bonetti's wishes, but rather because he said the wrong things at the wrong time. He stated he did not feel Mr. Bonetti's removal was justified. The vote on Councilmember Kirkpatrick's motion to amend Resolution 87-37 to delete all references to the Housing Authority was as follows: Yeas: Councilmembers Estrada, Kirkpatrick, Mabry, and Stoner. Nays: Councilmembers Horak, Liebler, and Rutstein. THE MOTION CARRIED. -385- March 17, 1987 The vote on Councilmember Rutstein's motion to adopt Resolution 87-37 as ' amended was as follows: Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Liebler, Mabry, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. Items Relating to the Lease/Purchase of Equipment and the Refinancing of Existing Lease/Purchase Agreements Following is staff's memorandum on this item: "Executive Summary A. Hearing and First Reading of Ordinance No. 47, 1987, Authorizing the City Manager to Enter into An Agreement for the Lease/Purchase of Vehicles and Equipment. Staff continues to recommend lease purchase as a viable method of providing for equipment needs. B. Hearing and First Reading of Ordinance No. 48, 1987, Authorizing the City Manager to Enter into an Agreement for the Refinancing of Lease/ Purchase Agreements for Vehicles and Equipment. The refinancing of the existing Lease/Purchase agreements will not ' extend the term of the agreements and will result in a cost savings. Background The City solicited lease/purchase financing proposals from approximately 21 firms. The bids were opened at 10:00 A.M. on March 12th and 9 responses were received. The low bidder was First Continental Financial Corporation, with net effective interest rates of 6.225% for the current lease/purchase needs and 6.21% for the refinancing of existing lease/purchase agreements. Money for the 1987 lease/purchase payments was budgeted when the 1987 Budget was adopted in October, 1986. A. The City proposes in the Ordinance to lease/purchase current needs in the amount of $316,000 for the following equipment: QUANTITY DESCRIPTION TOTAL COST LIFE 19* 1987 Chevrolet Celebrity Patrol Cars $237,500 4 TOTAL $237,500 *Patrol car life is 60,000 miles over 4 years 1 M March 17, 1987 1 QUANTITY DESCRIPTION TOTAL COST LIFE 5* 1987 Chevrolet Celebrity 4 door sedans Pool Cars $ 60,000 5 1 Toro Riding mower, diesel $ 10,600 5 1 Toro Riding mower, gas 7.90 5 TOTAL $ 78,500. GRAND TOTAL $ 316,000. *Pool car life is 60,000 miles over 5 years B. The City has six Lease/Purchase agreements with existing interest rates from 8.22Y to 11.838Y. The refinancing will not extend the term of these agreements and will save interest costs for the City. Lease/Purchase agreements in the amount of $1,022,100. cover the following equipment: REMAINING QUANTITY DESCRIPTION TOTAL COST TERM 24 Motorola mobile radios and related items $ 15,000. 2 1 20 ft. rotary mower $ 2,100. 2 1 72" riding mower $ 2,900. 2 2 5 gang mowers $ 13,000. 2 5 Police Cars $ 15,000. 2 6 Autotherms $ 300. 2 1 112 T. pickup $ 1,800. 2 1 314 T. pickup $ 2,000. 2 1 12 passenger van $ 2,500. 2 1 Utility body 600. 2 TOTAL $ 55,200. REMAINING QUANTITY DESCRIPTION TOTAL COST TERM 1 Motor grader $ 20,800. 3 1 International dump truck $ 16,000. 3 1 Paint striper $ 26,100. 3 1 Soil Shredder $ 5,200. 3 1 Tree Spade $ 2,500. 3 2 Compact pickups $ 6,900. 3 4 4-door sedans $ 15,000. 3 3 2-door sedans $ 10,900. 3 1 Agricultural Tractor $ 11,500. 3 20 Printers & related items $ 13,400. 3 19 Printer stands $ 1,400. 3 1 Diesel riding mower $ 6,100. 3 -387- March 17, 1987 1 Gas riding mower $ 5,800. 3 19 Police patrol cars $116,700. 3 1 Olathe sweeper $ 3,400. 3 30 Police light bars $ 4,400. 3 22 Unitrol control panels $ 2,800. 3 25 Motorola syntors $ 12,800. 3 25 Motorola chargers S 1 300. 3 TOTAL $283,000. QUANTITY DESCRIPTION TOTAL COST TERM 3 3/4T. trucks $ 20,300. 4 3 3/4T. trucks $ 20,300. 4 2 Compact pickups $ 9,700. 4 1 Sperry System 80 $256,300. 4 19 Police patrol cars $175,900. 4 1 Mini -van $ 9,200. 4 10 Micro -computers $ 7,900. 4 6 Workstations $ 1,600. 4 1 IBM printer $ 400. 4 4 Epson printers $ 900. 4 4 Baud modems $ 900. 4 4 Printer cables $ 100. 4 1 Crew Cab Pickup $ 5,300. 4 1 lot Disc drives 31,900. 4 TOTAL $ 540,700. QUANTITY DESCRIPTION REMAINING TOTAL COST TERM I Trailer $ 1,900. 5 1 1T. cab/chassis $ 8,600. 5 1 3T. cab/chassis $ 29,800. 5 1 Tree loader $ 33,200. 5 1 Truckster w/dump body $ 6,100. 5 1 Truckster w/o dump body $ 4,800. 5 1 Tractor $ 14,800. 5 4 Compact pickups $ 26,800. 5 1 3-wheel truckster $ 5,100. 5 1 Kubota Tractor 12 100. 5 TOTAL $ 143,200. GRAND TOTAL $ 1,022,100. Director of Purchasing and Risk Management Jim O'Neill briefly described the lease/purchase proposal and answered questions. March 17, 1987 ' Councilmember Rutstein made a motion, seconded by Councilmember Mabry, to adopt Ordinance No. 47, 1987 on First Reading. Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Liebler, Mabry, Rutstein, and Stoner. Nays': None. THE MOTION CARRIED. Councilmember Liebler made a motion, seconded by Councilmember Kirkpatrick, to adopt Ordinance No. 48, 1987 on First Reading. Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Liebler, Mabry, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. Ordinance No. 37, 1987, Fixing the Salary of the Municipal Judge Tabled to April 21 Following is staff's memorandum on this item: "City Council met in Executive Session to perform the annual evaluation of the Municipal Judge. This ordinance will establish the 1987 salary for the Municipal Judge after Council determines the dollar amount to be inserted in the ordinance. On February 17, this Ordinance was withdrawn from consideration." ' Councilmember Stoner noted that Judge Tobin had expressed some concerns about the salary level that was going to be adopted. Judge Tobin indicated he had further evidence he would like to present before the Ordinance in adopted. He stated he would prefer to withdraw the Ordinance from consideration this evening. Councilmember Stoner made a motion, seconded by Councilmember Mabry, to withdraw Ordinance No. 37, 1987 from consideration. Mayor Estrada stated he had spoken with Judge Tobin today and that Judge Tobin stated there were several reasons he would like Council to reconsider his contract. Councilmember Horak stated he believed Judge Tobin had already expressed his concerns and felt that an adjustment could be made to the Ordinance later if it was determined to be necessary. He stated he felt Council should proceed with adoption of the Ordinance. Councilmember Mabry stated since he. did not have the benefit of earlier discussions with the Judge, he would like to,see the additional information before he makes a decision on this 'item. Councilmember Liebler stated she felt Mr. Maxey, who will be seated at the next meeting, should have the opportunity to review the information. She ' stated she would support withdrawal of the item. E ' March 17, 1987 Mayor Estrada stated he would also like to see any new information Judge I Tobin has to offer. The vote on Mr. Stoner's motion to withdraw Ordinance No. 37, 1987 from consideration was as follows: Yeas: Councilmembers Estrada, Kirkpatrick, Liebler, Mabry, Rutstein, and Stoner. Nays: Councilmember Horak. THE MOTION CARRIED. Resolution 87-46 Making an Appointment to the Storm Drainage Board. Tabled to April 21 Following is staff's memorandum on this item: "A vacancy currently exists on the Storm Drainage Board due to the resignation of Pat Graham. The Council liaison has reviewed the applications on file and will announce the recommendation at the March 17 City Council meeting. In keeping with Council's policy, this Resolution will be tabled until April 21 to allow for public input." Councilmember Stoner made a motion, seconded by Councilmember Rutstein, to adopt Resolution 87-46 inserting the name of Brian Richter with a term to expire July 1, 1987. Councilmember Kirkpatrick made a motion, seconded by Councilmember Liebler, to ' table Resolution 87-46 to April 21 to allow for public input. Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Liebler, Mabry, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. Citizen Participation A. Resolution 87-48 Expressing Gratitude and Appreciation to Kelly Ohlson for his Contributions to the Community as Councilmember, Assistant Mayor and Mayor. Councilmember Rutstein made a motion, seconded by Councilmember Stoner, to adopt Resolution 87-48. Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Liebler, Mabry, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. Mayor Estrada read the Resolution and presented the Resolution and two plaques to Kelly Ohlson for his service to the City as Councilmember, Assistant Mayor, and Mayor. -390- March 17, 1987 ' Kelly Ohlson thanked Council for the momentos of his tenure on Council. He spoke briefly of his experiences on Council and thanked Council and staff for working with him over the past four years. He also thanked the citizens of Fort Collins for their support. Councilmember Horak highlighted the issues dealt with during Mr. Ohlson's tenure on Council. He spoke of Mr. Ohlson's dedication, the care he showed for people, his integrity, and his sense of humor. City Manager Burkett expressed his appreciation for Mr. Ohlson's support during his first year as City Manager. He stated Mr. Ohison's ability to communicate was very valuable during the City Manager transition period. B. Proclamation Naming March 8-14 as Girl Scout Week was accepted by Kacey Thompson, a Girl Scout volunteer. C. Proclamation Naming March 23-28 as Outreach for Youth Week was accepted by John Carlson, Larimer County Social Services. D. Proclamation Naming April 11-18 as National Community Development Week was accepted by Bobbie Guye, Chair of the CDBG Steering Committee. Resolution 87-47 Authorizing Tax Amnesty Period for Professionals Relating to Payment of Use Tax on Equipment and Other Tangible Personal Property Adopted Following is staff's memorandum on this item: "Executive Summary This Resolution authorizes a tax amnesty period for professionals to occur sometime in Spring of 1987. This will allow professionals to remit use tax without penalties or interest on all tangible personal property purchased City tax-free within the last three years for use, distribution or consumption in businesses/practices located within the City limits of Fort Collins. Background The Finance Department staff recommends that a tax amnesty period be offered to all professionals, including but not limited to accountants, attorneys, architects, engineers and health care professionals including doctors, dentists, chiropractors, eye care professionals, and veterinarians. This procedure would allow for the submission of applicable use tax without penalties or interest for the past three years and the sales/use tax licensing of such, professionals where applicable. The purpose of this tax amnesty period is to collect the applicable use tax for the City from professionals who have purchased, free of City sales tax, -391- March 17, 1987 tangible personal property for use, distribution or consumption in , business/practices located within Fort Collins. The City Code has imposed a use tax on all tangible personal property purchased City tax-free since 1967. At this time, only 23% of the total number of health care professionals within the City limits of Fort Collins have a sales/use tax license and are remitting use tax annually. The number of professionals in groups other than health care professionals remitting use tax to the City under a Sales/Use Tax license is minimal. For example, only one CPA firm is doing so. The City of Fort Collins offered a tax amnesty period from October 13, 1986 to November 28, 1986. This tax amnesty was directed at vendors and contractors with Sales/Use Tax Licenses although amnesty notification letters were also mailed to attorneys and accountants listed in the Fort Collins telephone book. Over $8,000 was remitted to the City as a result of that tax amnesty period. The proposed tax amnesty period would begin this spring and last for a period of seven weeks, the same length of time as the last tax amnesty period. Staff's recommendation will enable the City to achieve tax equity within the City's sales/use tax program, increase the City's tax revenue through the collection of use taxes which are legally due but have not been remitted, and increase future collection of use tax. Most importantly, this procedure will aid in enforcement of the provisions regarding use tax ' in the City Code as enacted in 1967 and amended in 1986. The City's Finance Committee approved staff's recommendation in its meeting on February 4, 1987." Councilmember Rutstein made a motion, seconded by Councilmember Liebler, to adopt Resolution 87-47. Director of Finance Alan Krcmarik gave a brief overview of the item and a background of the program. He answered questions from Council. Bruce Lockhart, 2500 East Harmony Road, asked which CPA firm complies with the sales and use tax laws. He questioned how the law is enforced and why the amnesty covers only the last three years. Director of Finance Alan Krcmarik replied that the statute of limitations is three years. Councilmember Kirkpatrick stated she felt the program was educational and equitable and in line with the City's overall use tax application increase. Councilmember Horak stated he felt the program was fair and he would support the Resolution. Councilmember Rutstein complimented staff for vigorously enforcing the sales and use tax audit program. I -392- March 17, 1987 ' The vote on Councilmember Rutstein's motion to adopt Resolution 87-47-was as follows: Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Liebler, Mabry, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. Councilmember Reports Councilmember Horak reported on a Council of Governments meeting he attended on March 16 and spoke of the steps being taken toward disbanding COG. He objected to the Council retreat starting Friday afternoon because it conflicts with his work schedule. Councilmember Rutstein reported that the Colorado Endowment for the Humanities will hold its spring meeting in Fort Collins April 25-26. Councilmember Kirkpatrick stated she had been meeting with the chairpersons of the boards and commissions she is liaison to, with the intention of bringing to the retreat those individuals' perceptions with respect to how the Council can better work with boards and commissions. She spoke about Item #25 approving a ground lease agreement for Firewall Forward which was approved on Consent. She reported that the Wordsworth series at the Library may be discontinued under the current funding level at the Library. Councilmember Liebler offered her congratulations to Loren Maxey for his win in the election and thanked City Manager Burkett and City Attorney Huisjen and staff for their professionalism and for being easy to work with. She also thanked Council for being hard on the issue and easy on the people and stated she enjoyed working with all of them. Mayor Estrada encouraged citizens to apply for boards and commissions. He spoke of the Council transition, welcoming Chuck Mabry and Loren Maxey to the Council. He also stated the Council would miss Barbara Liebler and spoke of her contributions to the Council. Items Relating to Economic Development and Opportunities Following is staff's memorandum on this item: "Executive Summary Resolution 87-49 Adopting the Goal and Policies Related to Economic Development and Opportunities. B. Hearing and First Reading of Ordinance No. 52, 1987, Appropriating Prior Year Reserves in the General Fund. The City Council and the citizens of Fort Collins have expressed interest ' in maintaining the economic health and furthering the economic diversity of -393- March 17, 1987 the community. The existing public policy statement regarding economic ' development is outdated due to changes in industrial revenue bond financing. The proposed resolution restates the Council's commitment to those activities which will enhance the local economic base and fosters greater economic opportunities in Fort Collins. The proposed ordinance appropriates the necessary funds for the Economic Development and Opportunities Program activities in 1987. Background Economic development as an idea is used in a wide variety of contexts. The Task Force on Economic Development, authorized by the City Council in 1985, sought public comment in developing an Economic Opportunities Plan to be recommended to the Council. In its report, the Task Force defined economic development in Fort Collins as the achievement of a self-supporting local economy that provides a variety of employment, education, housing, shopping, cultural, and recreation opportunities for all residents of the City. The goal of economic development efforts is a healthy and diversified economic base that can weather national, regional, and local vagaries and shifts in the economy. The local economy must consistently provide the tax base to support and responsibly finance the infrastructure and municipal services desired and needed in Fort Collins. It must also be the foundation for developing and maintaining and enriching the quality of life for all the City's citizens. This definition is also very similar to the general definition posed by the Colorado Municipal League. Frequently the City uses the terms economic development, economic opportunities and economic health interchangeably, indicating the breadth of concerns voiced ' about the local economy. The proposed resolution and policy statement will serve as the foundation for the strategic plan. It presents, in general terms, a policy framework and direction for continued staff work. Council reviewed and discussed the draft resolution at the February 10th worksession. Staff has also prepared the Economic Development and Ooportunities Strategy for Fort Collins which is the administrative work plan responding to both the Council's request for an action plan and to the ideas and issues expressed in the Economic Development Task Force report, the Commission on the Status of Women report, and additional public comment. As the administrative work program, the plan is designed to marshall the existing resources of the City to establish on -going, effective, and reliable processes which can help' maintain..and enhance the economic health of the community. The plan is divided intg'three general categories Institutional Relationships, Economic Data Base; and Economic Diversification - each serving to meet the City's goal and policies for the economic health of the community. The plan will serve as the work program for the ensuing two fiscal years. The Resolution is the step to authorize implementation of this work program. -394- March 17, 1987 ' The proposed Ordinance appropriates the necessary Development funds for the Economic and Opportunities Program activities in 1987. The IDRB Fee Reserve is an accumulation of over $380,000 of fees charged to the developers who have utilized this funding mechanism. Resolution 82-25 authorizing the fee called for the fund to be used to "encourage economic development". With Council's adoption of the Resolution restating and updating the goal and policies for the economic health of the community, staff will continue to pursue the actions and activities outlined in the Economic Development and Opportunities Strategy. The appropriated funds will be held in two accounts within the Economic Development Division budget. One for the development of the data base/information services and requisite staffing. The second account will be the allocation of funds for the Economic Opportunities Program. Staff will prepare an application and review process to support activities and programs which can facilitate and foster economic development and employment opportunities. This makes the first rough cut of the fund reserved for economic development purposes. The appropriation and accounts target the two general areas of action Council has discussed and authorized; and now requires staff to develop options and analyze the best mechanisms to accomplish the goal, policies, and tasks outlined in the plan. Program funds appropriated in 1987 are as follows: ' Economic Development and Opportunities Program Including Data Base/Information Services $ 75,000 Economic Opportunities Account 210,000 Total $285,000 The remaining funds will continue to be held in reserve to be appropriated with the 1988 Program Budget. Due to the recent legislation restricting the use of IDRB funding, no significant additional revenues are anticipated. A very limited amount of fees may be paid on refunded bonds in the future. It is recognized that these are "one time funds" and every effort will be made to utilize the funds in the most effective way and leverage additional private investment in economic development whenever possible." City Manager Burkett noted this item was the implementation of Council direction approximately five weeks ago. He indicated Linda Hopkins, Director of Economic Opportunities, was available to answer questions. Councilmember Stoner made a motion, seconded by Councilmember Kirkpatrick, to adopt Resolution 87-49. Councilmember Kirkpatrick stated the Resolution articulates some of the important perspectives that the City government must acknowledge in order to be a player in the community as a whole. 1 -395- March 17, 1987 Councilmember Horak stated he felt the Resolution articulates what the City , has been doing for years. Mayor Estrada agreed with Councilmember Horak, stating he felt the Resolution reinforces the City's position on economic development. The vote on Councilmember Stoner's motion to adopt Resolution 87-49 was as follows: Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Liebler, Mabry, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. Councilmember Rutstein made a motion, seconded by Councilmember Stoner, to adopt Ordinance No. 52, 1987 on First Reading. Councilmember Rutstein stated she felt there needed to be a tremendous amount of communication between Council, staff, and the community to promote a lot of development and discussion prior to considering proposals. Mayor Estrada stated he felt adoption of this Ordinance was an important step toward economic development. Councilmember Horak stated he viewed this as a pilot program and was willing to look at the proposals. He added that if the proposals warrant it, he felt funds could be allocated every year. Councilmember Liebler encouraged staff and the Council subcommittee to look ' at the "holes" in the current system before accepting applications. The vote on Councilmember Rutstein's motion to adopt Ordinance No. 52, 1987 was as follows: Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Liebler, Mabry, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. Items Relating to the Adoption of a Special Events Permit Program Following is staff's memorandum on this item: "Executive Summary A. Hearing and. First Reading of Ordinance No. 18, 1987, Adding Chapter 92 to the Code of the City of Fort Collins Regarding Special Events. B. Resolution 87-19 Establishing a Special Event Permit Application Fee. C. Hearing and First Reading of Ordinance No. 19, 1987, Amending Chapter 114 Regarding Special Event Permits. 396- March 17, 1987 Chapter 92 establishes the standards for the issuance of a permit for parades, athletic events, and other special events in the City. In the past, permits for such events have been handled pursuant to limited administrative guidelines. With the growth of the City and the number of special event permits being requested from the City, it is appropriate at this time to adopt specific standards for the issuance of special event permits. Background The growth of the population of the City of Fort Collins has caused an increase in the number of parades, athletic events and other special events which are being sponsored within the City. With the increase in traffic which is a natural result of the population growth, the planning and administration of such events in terms of routing, traffic, and other considerations has become more and more complicated. In the past, staff has had only limited administrative guidelines on the subject of special events permits and sponsors have sometimes been frustrated or discouraged by the lack of a specific set of standards for the issuance of such permits. Consequently, staff has reviewed special event permit programs from other cities and determined that the most appropriate method of administering such a program would be under the guidelines of a Code provision which specifies the standards for the issuance of such permits. The proposed Chapter 92 provides a great deal of detail as to the procedure to be followed by an applicant for a special event permit and clarifies the conditions under which a permit is required, the timeline for consideration of an application for a permit, the grounds for denial of such an application, the conditions which may be put on a permit, the appeal procedure if a permit is denied, requires that the applicant indemnify the City and hold it harmless from any damage or injury resulting from the event, sets out insurance requirements, requires the prepayment of traffic control fees (to cover the cost of providing peace officers for traffic control at the event), requires that clean up occur after the event, and sets out certain violation provisions with regard to sponsoring a special event. Section 92-4 of the proposed Chapter states that a special event permit application fee, applicable to profit -making organizations, will be set by City Council Resolution in an amount which will cover the full cost of processing and investigating such special event permit applications and administering the special event permit program. Staff has estimated such administrative costs and determined that at this time a fee in the amount of $25.00 per application submitted by profit -making organizations should adequately cover such costs. Consequently, Resolution 87-19 establishes the special event permit application fee in such amount. In this way, the cost of administering the special event program should, to a great extent, be borne by the sponsor of the event rather than the taxpayers in general. Section 20-11 of the Model Traffic' Code currently requires permits for ' certain parades and funeral processions. With the enactment of the -397- March 17, 1987 proposed Chapter 92 of the Code, that section is no longer necessary and , should be deleted from the Model Traffic Code in order to avoid inconsistencies. (Under the new Chapter, a special event permit is not required for funeral processions due to staff's conclusion that such a requirement is not necessary.) Ordinance No. 19, 1987, deletes Section 20-11 of the Model Traffic Code. Since City Council first reviewed this proposed program and provided comments to staff, staff has solicited and received additional input from organizations and individuals who have sponsored special events in the City in the past. A public hearing was held on March 4, 1987 to discuss the proposed program. As a result of comments and input received, a number of changes have been made to the proposed program in order to ensure that it accomplishes the City's goals with regard to providing for the safety of participants as well as the general public with the least adverse impact on sponsors and events. These changes have been incorporated into the attached ordinances and resolution." Councilmember Kirkpatrick made a motion, seconded by Councilmember Liebler, to adopt Ordinance No. 18, 1987 on First Reading. Police Chief Bruce Glasscock gave background on this issue and summarized the changes made after the public hearing held on March 4th. He noted the Ordinance provides consistent definitions of special events, provides for a fee for profit -making organizations, provides for specific grounds for denial, and provides for an appeal process should a permit be denied. He , added the Ordinance now requires insurance for certain special events. Chief Glasscock, Director of Purchasing and Risk Management Jim O'Neill, and Police Lieutenant Jay Davis answered questions from Council. Mike Lohman, 1230 West Mountain, expressed support for the policy with the exception of the insurance requirements. He felt the insurance requirement may prevent various events from happening and does not make the event sponsor or the City less liable. He suggested deleting the insurance requirement from the Ordinance. Charles Wanner, 1242 West Mountain, owner of a small bicycle shop, agreed with the idea of having a permit system and having some control over where and how events are held. He expressed concern with the insurance requirement and presented a hypothetical situation in which insurance coverage might be impossible to obtain. Councilmember. Stoner stated Council's charge is to protect the public and they would be negligent in making a prudent decision not to require liability insurance. He added that if an incident happened within the city limits, the City would probably be co-defendants regardless of whether the City required the sponsor to carry insurance. Councilmember Horak stated he'felt it was a good idea to make sure that the general taxpayers of Fort Collins are not liable. He questioned why the figure 500 was chosen as the level requiring insurance coverage. He ' -398- March 17, 1987 requested further information on funding mechanisms for sponsors that could not afford insurance. Councilmember Kirkpatrick agreed that it was in the community's interest to protect the City's liability. She suggested the possibility of limiting the number of participants so that an event stays under the need for increased insurance coverage. Councilmember Rutstein stated she would support the Ordinance as written but would be interested in seeing the responses to questions raised by Councilmember Horak. She stated her reasons for supporting the Ordinance is that staff has stated the Ordinance is flexible and that common sense will rule. She added that she was sympathetic to Mr. Lohman's and Mr. Wanner's concerns, and encouraged them to approach Council if they do find events that have been successful in the past are not able to continue because of the insurance requirement. Mayor Estrada thanked Chief Glasscock for working with the groups affected by this Ordinance and trying to make the system as compatible as possible. He stated he did not want the Ordinance to be prohibitive and would prefer a great deal of flexibility in the Ordinance. The vote on Councilmember Kirkpatrick's motion to adopt Ordinance No. 18, 1987 on First Reading was as follows: Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Liebler, Mabry, Rutstein, and Stoner. Nays:' None. THE MOTION CARRIED. Councilmember Stoner made a motion, seconded by Councilmember Kirkpatrick, to adopt Resolution 87-19. Yeas: Councilmembers Estrada., Horak, Kirkpatrick, Liebler, Mabry, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. Councilmember Mabry made a motion, seconded by Councilmember Rutstein, to adopt Ordinance No. 19, 1987 on First Reading. Councilmember Kirkpatrick commended staff for their work in revising the Ordinance from the original version presented several weeks ago. The vote on Councilmember Mabry's motion to adopt Ordinance No. 19, 1987 was as follows: Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Liebler, Mabry, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. Other"Business Councilmember Liebler suggested that surplus bicycles be made available to places such as the emergency shelter for people who need transportation to -399- March 17, 1987 and from a job, for example. She requested information on what the City , Attorney and Police Department found in researching the issue. Chief Glasscock stated the Department had looked into the possibility of enacting Councilmember Liebler's suggestion, but noted it is prohibited by the Charter. City Attorney Huisjen explained further that the Charter prohibits the City from making gifts and for that reason cannot even make nominal gifts of bicycles that have little or no value. Ad.iournment Councilmember Stoner made a motion, seconded by Councilmember Rutstein, to adjourn the meeting. Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Liebler, Mabry, Rutstein, and Stoner. Nays: None. The meeting adjourned at 9:35 p.m. T EST: City Clerk ' -400-