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HomeMy WebLinkAboutMINUTES-01/03/1984-Regular' January 3, 1984 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, January 3, 1984, 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: Elliott, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Secretary's Note: Councilmember Clarke arrived at 7:30 p.m. Staff Members Present: Arnold, Huisjen, Lewis, Krajicek, Hays, C. Smith Agenda Review: City Manager City Manager Arnold asked that Item #12, Second Reading of Ordinance No. 175, 1983, Annexing Approximately 247.4 Acres Located North of County Road 52 (Richards Lake Road) and West of County Road 11, Known as the Country Club North Second Annexation; and Item #13, Second Reading of Ordinance No. 176, 1983, Zoning the Country Club North Second Annexation, be removed from the agenda and be brought back on January 17. He noted Item #18, Items Relating to the Lease/Purchase of Computers for the Library, would also need to be withdrawn from the Consent Calendar for an amendment. Councilmember Elliott requested Item #21, Hearing and First Reading of Ordinance No. 6, 1984, Creating a Transportation Utility and Funding Therefor, be removed from the Consent Agenda. Consent Calendar This Calendar is intended to allow the City Council to spend its time and energy on the important items on a lengthy agenda. Staff recommends approval of the Consent Calendar. Anyone may request an item on this calendar be "pulled" off the Consent Calendar and considered separately. Agenda items pulled from the Consent Calendar will be considered separately under Agenda Item #37, Pulled Consent Items, except items pulled by anyone in the audience or items that any member of the audience is present to discuss that were pulled by staff or Council. These items will be dis- cussed immediately following the Consent Calendar. ' 4. Consider A rovinq the Minutes of the -229- ourned meeting of December January 3, 1984 Second Reading of Ordinance No. 167, 1983, Creating a Municipal Court This Ordinance was unanimously adopted on First Reading on December 20th. The Municipal Court has for some time been operating with a continually crowded docket and the need for more clerical help than is presently available. Judge Tobin and Bob Lee have determined that the best way of alleviating this problem and insuring that parking viola- tions continue to be prosecuted so as to maintain control over the parking problems which exist, is to add a new Article to the Code allowing the Municipal Court Judge to appoint Municipal Court Refer- ees. At this time, it is anticipated that one Referee would be appointed and that the Referee would hear only matters relating to parking. Second Readinq of Ordinance No. 169, 1983, Transferring Revenue Sharing Funds to the Parks Maintenance ulyision buaget tor tne Fur- cnase a. This Ordinance was unanimously adopted on First Reading at the meeting of December 20. The ongoing maintenance and cleanliness of Downtown is of prime concern to the City. Our areas of responsibility need to be maintained to the best of our ability. In order to aid us in trying to accomplish this goal, we have identified the need for a portable cleaning unit which will allow us to provide a more thorough and complete job of -,_maintenance. The Parks Division has no existing funds to purchase this unit, so Revenue Sharing has been identified as a proper funding source, and Council action is required for an interfund transfer. The projected cost for this unit is $4,100. Second Reading of Ordinance No. 170, 1983, Authorizing the City Manaaer to Enter into an Aareement with Fairways Marketing Corporation This Ordinance was unanimously adopted on First Reading at the Decem- ber 20th meeting. In October, 1982, Parks and Recreation received a conceptual proposal from Fairways Marketing Corporation (FMC) of Denver, to provide Collindale Golf Course with top-quality wooden marker signs at each tee box, showing a diagram of each hole to be played. Each sign will be 48" x 24" x 2" and will be installed in either vertical or horizontal position, as is appropriate. Each sign will generally depict the dimensions, topography, size of hazards and their location, boundaries, greens, tees, etc., of each hole, as well ' as list the tee to green distances for Men's and Women's par and -230- ' January 3, 1984 handicaps, as necessary. FMC also sells advertising space on each sign, which is a 10" x 14" x 5/8" sponsorship plaque displayed on the face of the fairway marker. All advertisements are thoroughly reviewed by staff and approved individually, and must be in good taste, non -suggestive, above moral reproach and non -offending to the decency of the community. The City has the right to give final approval as to the choice of sponsors. 8. Second Reading of Ordinance No. 171, 1983, Annexing Approximately 18.2 Acres Located South of Drake Road and East of Taft Hi Road Known as the Springbrook Annexation. This Ordinance was adopted unanimously on December 20. The applicants, C.M. Burchfield, P.M. O'Donnell, and F.L. Jaerger, are seeking to annex an "L" shaped piece of property approximately 18.2 acres in size located at the southeast corner of West Drake Road and South Taft Hill Road. This annexation achieves its one -sixth contiguity requirement with the boundaries of the City of Fort Collins through a common boundary along West Drake Road. This annexation is a voluntary annexation in that 100% of the land- owners in the area are in agreement with the annexation. 9. Second Reading of Ordinance No. 172, 1983, Zoning the Springbrook Annexation. This Ordinance was unanimously adopted on First Reading on December 20. The applicants are seeking to zone an "L" shaped piece of property approximately 18.2 acres in size located at the southeast corner of West Drake Road and South Taft Hill Road. The requested zoning is for B-P, Planned Business, for the corner property, approximately 6.4 acres in size, and for R-P, Planned Residential, for the flanking pieces of property to the south, approximately 5.7 acres, and to the east, approximately 6.1 acres. The property requesting B-P zoning is owned by P.M. and F. O'Donnell. Of the properties requesting R-P zoning, the one to the north is owned by E.L. and J.E. Jaerger, and the one to the east is owned by Charles M. and V. Maxine Burchfield. In the Ordinance adopted on First Reading on December 20th, there were errors in the legal descriptions. These errors have been corrected and adoption of the Consent Agenda will amend and adopt the Ordinance on Second Reading. The Ordinance will be published in full after adoption on Second Reading. 10. Second Reading of Ordinance No. 173, 1983, Annexing Approximately 183.1 Acres Located North of County Road 52 and East of County Road 11 Known as the Country Club North First Annexation. This Ordinance was adopted on First Reading on December 20 by a 6-1 vote. The applicants, Ashland Feeders, Inc., are seeking to annex a -231- 11 12 13 January 3, 1984 ' triangular piece of property approximately 183.1 acres in size located north of County Road 52 and east of County Road 11. The eastern boundary of the property is the Windsor Reservoir and Canal Co. No. 8 Reservoir Outlet Ditch. This annexation achieves its one -sixth contiguity requirement with the boundaries of the City of Fort Collins through a common boundary with the Country Club East Annexation. This annexation is a voluntary annexation in that 100% of the land- owners in the area are in agreement with the annexation. Second Reading of Ordinance No. 174, 1983, Zoning the Country Club North First Annexation. This Ordinance was adopted by a 6-0 vote on First Reading on December 20th. The applicants are seeking to zone a triangular piece of pro- perty containing approximately 183.1 acres located north of County Road 52 and east of County Road 11. The eastern boundary is the Windsor Reservoir and Canal Co. No. 8 Reservoir Outlet Ditch. The requested zoning is T-Transitional, owned by Ashland Feeders, Inc., and, for a small 1.8 acre piece west of County Road 52, R-L-P, Low Density Planned Residential, owned by Max R. Hoffman. In the Ordinance adopted on First Reading on December 20th, there were errors in the legal descriptions. These errors have been corrected and adoption of the Consent Agenda will amend and adopt the Ordinance on Second Reading. The Ordinance will be published in full after adoption on Second Reading. Second Reading of Ordinance No. 175, 1983, Annexinq Aaoroximatel Z4/.4 Acres Located North of County Road 52 (Richards Lake Roa an West o County RoadKnown as t e ountry UlUb Northecon nnexa- This Ordinance was adopted on First Reading by a 5-1 vote at the December 20th meeting. The applicant, M. R. Hoffman, is seeking to annex approximately 247.4 acres located north of County Road 52 (Richards Lake Road) and west of County Road 11. This annexation will achieve its one -sixth contiguity requirement with the boundaries of the City of Fort Collins when the City Council approves the Country Club North First Annexation. This annexation is a voluntary annexation in that 100% of the land- owners in the area are in agreement with the annexation. Second Reading of Ordinance No. 176, 1983, Zoning the Country Club North Second Annexation. This Ordinance was approved by a 6-0 vote on First Reading at the December 20th meeting. The applicant, Max R. Hoffman, is seeking to -232- January 3, 1984 zone approximately 247.4 acres located north of County Road 52 and west of County Road 11, R-L-P, Low Density Planned Residential. 14. Second Reading of Ordinance No. 177, 1983, Vacating a Portion of an Access and Utility Easement in The Pier. This Ordinance was adopted unanimously on December 20. On November 21, 1983, the Planning and Zoning Board approved an amendment to The Pier, a P.U.D. at the corner of Boardwalk and Harmony. The amendment is for a convenience store and gas station. The tanks for the gas station are to be located in an existing access and utility easement. Since no structures are allowed to be constructed in an easement and since the utilities have indicated no problems with the vacation of this portion of this easement, the owners are requesting the vacation. 15. Second Reading of Ordinance No. 178, 1983, Vacating a Utility Easement and Accepting a Rededication of a Utility Easement in St verp ume P.U.D. This Ordinance was adopted unanimously on December 20. Due to a change in the building footprint, the developer was unable to install water mains in an easement as dedicated with the original recorded plat of Silverplume P.U.D. The developer has dedicated and recorded a revised easement centered on the water main as installed and is, therefore, requesting the original dedicated easement to be vacated. 16. Second Reading of Ordinance No. 179, 1983, Vacating certain Utility Drainage and Access Easements and Portions of Southridge Greens Boulevard in Fairway II at Sout ri qe Greens P.U.D. This Ordinance was adopted unanimously on December 20. The developer of Southridge Greens P.U.D. has amended "Fairway II" and has also platted "The Front Nine" and Mail Creek Village, which caused the Southridge Greens Boulevard alignment to be moved slightly. This, in turn requires portions of Southridge Greens Boulevard as well as portions of drainage, access and utility easements to be vacated. 17. Second Reading of Ordinance No. 180, 1983, Adopting 1984 Pay Plan. This Ordinance was adopted on First Reading by a 7-0 vote on December 20th. The ordinance will implement the 1984 performance pay plan beginning the first pay period in January, 1984. The recommended ordinance continues the City's commitment to the pay philosophy called the upper third. The increases represented in that ordinance are as follows: -233- January 3, 1984 Percent Increase Police 7.5% Fire 7.3% Labor/Trades 5.5% Labor/Trades Light & Power 3.1% Clerical/Technical 4% Professional/Administrative/ 3% Technological 18. Items Relating to the Lease/Purchase of Computers for the Library. A. Hearing and First Reading of Ordinance No. 1, 1984, Authorizing the City Manager to Amend an Agreement Between the City of Fort Collins and Merit Financial Corporation for the Lease and Option to Purchase Certain Equipment. B. Hearing and First Reading of Ordinance No. 2, 1984, Appropriating Unanticipated Revenue from a New Revenue Source. In March, 1983, Merit Financial Corp. was selected to provide finan- cing for the lease/purchase of various City vehicles. They were selected based upon their low interest rate of 8.751%. Merit Financial Corp. is willing to extend this rate to purchase three Apple Computers and related hardware. 19. Hearing and First Reading of Ordinance No. 3, 1984, Vacating Hanover Drive between Hull Street and Swallow Road in Cedar Village 6th Filing. Silverplume Estates (which replatted Cedar Village 6th Filing and a portion of Cedar Village 5th Filing) was approved by the Planning and Zoning Board on April 29, 1983. The portion of Hanover Drive between Hull Street and Swallow Road was deleted by the platting of Silverplume Estates. That portion of Hanover Drive is now a portion of Tract "C" which is a storm water detention facility and utility easement in Silverplume Estates. 20. Hearing and. First Reading of Ordinance No. 4, 1984, Vacating a Portion of Tract C, of Cedar Villaqe Sixth Fi inq. On the plat of Silverplume Estates (approved by the Planning and Zoning Board on June 29, 1983) detention ponds in the Cedar Village Fifth and Sixth Filings were combined, resulting in an excess area in Tract "C" Cedar Village 6th Filing. The developer, by platting Silverplume Estates, has created two lots on this excess area. -234- 11 January 3, 1984 The excess area is not needed for storm water detention or utilities, and staff recommends adoption of this Ordinance vacating a portion of Tract "C". 21. Hearing and First Reading of Ordinance No. 6, 1984, Creating a Trans- portation Utility and Funding Therefor. In the preparation of the 1984 budget, staff identified the need to create a permanent funding source for maintenance and repair of local (residential) streets. Staff proposed the creation of a special account with revenue derived from the imposition of a new fee, to be known as the Transportation Utility Fee. This fee would be billed on the monthly utility bill to properties within the City, and will be billed to residents of the property where applicable. 22. Hearing and First Reading of Ordinance No. 7, 1984, Authorizing the Transfer of All Funds in the Linden Street Bridge Repair Project to the Linden Street Bri ae A ionment Project. In May 1983 $17,500 was appropriated for the temporary repair of Linden Street Bridge. In August 1983, the Colorado Highway Commission awarded the City $424,154 from its Special Bridge Account for the replacement of the Linden Street Bridge. The replacement project included removal of the existing bridge, 500' of channel improvements to the river, construc- tion of the new bridge, and new pavement on each approach to the bridge. In subsequent weeks the Council approved the inclusion of $175,000 in the 1984 Capital Projects Budget to provide the matching funds required by the grant and provide enough money to complete the project. The money in the original Linden Street Bridge Repair Project will no longer be needed for repairs, therefore staff would like to transfer the money to the new Linden Street Bridge project account. 23. Resolution Authorizing the City Manager to Enter into an Agreement with Care -A -Van to Provide Transportation Services to the City. Care -A -Van provides transportation services to disabled, elderly, and economically disadvantaged persons and this service complements the City transportation system. This contract provides the same level of support funding. as the 1983 contract provided. Of the total $68,864 contribution, $10,500 will come from the General Fund and $58,364 is federal grant money the City has allocated to Care -A -Van to provide transportation services within the City of Fort Collins. This is the standard contract which has been renewed yearly. -235- January 3, 1984 1 24. Resolution Authorizing the City Manager to Enter into an Agreement with are- - an to Occupy t e ransit enter. In 1981, City Council approved a $4,538,700 grant from the Urban Mass Transportation Administration for construction of a transit mainte- nance and storage center to house the Transfort and Care -A -Van fleets. The projected expenses associated with occupancy of the transit center are fully reflected in Transfort's 1984 budget. At a Council Budget work session in August, 1983, staff was directed to begin negotiations with Care -A -Van for reimbursement of $15,000 to the City for joint occupancy of the transit center. Final negotia- tions have been reached and this Resolution would authorize the City Manager to enter into an agreement with Care -A -Van to occupy the transit center. 25. Resolution Authorizing the City Manager to Enter into an Agreement with Brown and Caldwell Engineers for Design Services for the Protec- tion and/or Replacement of Two Pipeline River Crossings, a -inc Steel ater Transmission ain and a 12-inch Ductile Iron Sewer Pipe- line. During the spring floods of 1983, two pipelines, a 27-inch water line and a 12-inch sewer line, crossing the Poudre River were damaged. The damage was not apparent until late September, when the water receded to the point the pipes were visible. The sewer line repairs are such that the earliest rise in spring flows will wash the line out again. Brown and Caldwell Engineers were selected as a result of the Profes- sional Services Selection process. Twenty engineering firms submitted proposals on a recent and similar project. Four of these firms were interviewed with two being rated very high. These two firms were asked to submit proposals on this project. Proposals submitted by the two firms were reviewed by the selection committee. Brown and Cald- well is recommended for this work as a result of their technical understanding of the project exhibited in their proposal and because of strong recommendations by previous clients. 26. Routine Easements. a) Deed of Easement from H.W. Rogers and Associates (Sterling/Rogers) located east of North Taft Hill Road, for a consideration of $13,000, which is based on $8,400 per acre. b) Deed of Easement from John W. and Dorothy J. Neutze located east of North Shields Street, for a consideration o 2,444, based on $5,000 per acre. -236- January 3, 1984 These are agreements for the acquisition of right-of-way for the Northwest Sewer Trunk Line, which will run from Wastewater Treatment Plant 41 to North Taft Hill Road. c) Blanket Easement from Poudre Valley Construction Company, Inc., for dedication of utilities, drainage and access to the University Square P.U.D. Consideration: $1. 27. Resolution Authorizing Eminent Domain Proceedings to Acquire P Needed or the Northwest Sewer Trunk Line Protect. This project was originally designed to provide a gravity sanitary sewer line from Wastewater Treatment Plant 41 to North Taft Hill Road. However, due to anticipated construction problems associated with the high water table in the area, the project has been divided into Phases A & B. Phase A has been designed and is scheduled for construction during early 1984. Phase B will be designed and con- ructed during winter/spring 1984/85. This reduced scope of work requires right-of-way acquisition for four parcels. One parcel has been successfully obtained, and two addi- onal parcels are being considered on this consent agenda. This leaves problems with the last parcel needed for Phase A. Negotiations are continuing with Mr. Bender and remain on a frank and open basis; however, in order to meet the fast track construction schedule, immediate possession of this parcel is needed. Failure to initiate eminent domain proceedings now could postpone completion of Phase A until winter/ spring 1984/85. If we proceed with immediate possession, construction of this phase should be completed by June 1984. Ordinances on Second Reading were read by title by Wanda Krajicek, City Clerk. Item #5 Second Reading of Ordinance No. 167, 1983, Creating a Municipal Item 46. Second Reading of Ordinance No. 169, 1983 Sharing Funds to the Parks Maintenance D Purchase of a Portable Cleaning Unit fo Item P . Second Reading of Ordinance No. 170, 1983 Manager to Enter into an Agreement wit orporation or airway ar ers igns at -237- , Transferring Revenue ivision Budget for the r the Downtown Area. , Authorizing the City Fairways Mar eting ollindale Golf Course. January 3, 1984 Item #8. Second Reading of Ordinance No. 171, 1983, Annexing Approximately 18.2 Acres Located South of Drake Roa an East o Ta t Hill Road Known as t e Springbrook Annexation. Item #9. Second Reading of Ordinance No. 172, 1983, Zoning the Springbrook Item #10. Second Reading of Ordinance No. 173, 1983, Annexing Approximately 183.1 Acres Located North of County Road 52 and East of County Road Known as the Country Club NorthFirst Annexation. Item #11. Second Reading of Ordinance No. 174, 1983, Zoning the Country Club North First Annexation. Item #12. Second Reading of Ordinance No. 175, 1983, Annexing Approximately 247.4 Acres Located North of County Road Ric ar s Lake Road) and West of County Road , Known as the Country Club North C ornn �nncva+inn Item #13. Second Reading of Ordinance No. 176, 1983, Zoning the Country Club North Secon Annexation. , Item #14. Second Reading of Ordinance No. 177, 1983, Vacating a Portion of an Access and Utility Easement in The Pier. Item #15. Second Reading of Ordinance No. 178, 1983, Vacating a Utility Easement and Accepting a Rededication of a Utility Easement in Si verplume P.U.D. Item #16. Second Reading of Ordinance No. 179, 1983, Vacating certain Utility Draina--g—e--an-d Access Easements and Portions o Sout ri ge Greens Boulevard in Fairway II at Southridge Greens P.U.D. Item #17. Second Reading of Ordinance No. 180, 1983, Adopting 1984 Pay an. Ordinances on First Reading were read by title by Wanda Krajicek, City Clerk. Item #18. A. Hearing and First Reading of Ordinance No. 1, 1984, Author- izing t e City Manager to Amend an Agreement Between the City oT rort uoi nns ano merit rinanciai corporation tor the Lease an Option to Purchase Certain Equipment. B. Hearing and First Reading of Ordinance No. 2, 1984, Appropri- , ating Unanticipatednu Revee rom a New Revenue ource. -238- IJanuary 3, 1984 Item #19. Hearing and First Reading of Ordinance No. 3, 1984, Vacating Hanover Drive between Hull Street an Swallow Road in Cedar Village 6th Fi ing. Item #20. Hearing and First Reading of Ordinance No. 4, 1984, Vacating a Portion of Tract C of Cedar Villaqe Sixth Fi ina. Item #21. Hearing and First Reading of Ordinance No. 6, 1984, Creating a Transportation Utility and Funding Therefor. Item #22. Hearing and First Reading of Ordinance No. 7, 1984, Authorizing the Transfer of All Funds in the Linden Street Bridge Repair Councilmember Ohlson made a motion, seconded by Councilmember Elliott, to adopt and approve all items not removed from the Consent Calendar. Yeas: Councilmembers Elliott, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. Ordinance Creating a Transportation Utility and Funding Therefor, Adopted on First Reading Following is the staf.f's memorandum on this item: "In the preparation of the 1984 budget, staff identified the need to create a permanent funding source for maintenance and repair of local (residen- tial) streets. Staff proposed the creation of a special account with revenue derived from the imposition of a new fee, to be known as the Transportation Utility Fee. This fee would be billed on the monthly utility bill to properties within the City, and will be billed to residents of the property where applicable. The fee will be calculated for each property within the city based upon the amount of frontage the property has, the developed use of the property and the traffic generation of the developed use. Staff feels that by taking these variable factors into account when calculating the fee, the fee will be more equitable. The target date for implementation is April, since each property in the city will have to be researched and a fee calculated prior to actual billing. The attached ordinance creates the mechanism for imposition of this fee." Councilmember Elliott made a motion, seconded by Councilmember Ohlson, to adopt Ordinance No. 6, 1984 on First Reading. -239- January 3, 1984 City Engineer Tom Hays gave a slide presentation summarizing the background for the transportation utility and the fee being proposed. He noted the transportation utility would be similar to the water, sewer, electric, and gas utilities in that it would provide a service to the public in the maintenance of the streets. He noted the fee would provide approximately $400,000 annually for the maintenance of the streets. Loren Maxey, 1101 Clarke, expressed his opposition to the front footage formula. He felt the formula was unfair to the owners of corner lots. He added he felt tenants in multiple unit rental properties should pay as much per unit as single-family homes since they generate as much traffic on the streets. He asked the ordinance be further studied to solve the inequities he perceived. City Engineer Hays detailed the formula method noting owners of corner lots would be compensated for the additional front footage of their lots by an average of the two lengths of the lot. City Engineer Hays added the fee would be billed to the occupant of the property, not the owner, and would be included with the electric utility billing. Councilmember Elliott noted he would still prefer the fee be set at $1/ household rather than the formula method even though he supported the concept of the transportation utility fee. The vote on Councilmember Elliott's motion to adopt Ordinance No. 6, 1984 was as follows: Yeas: Councilmembers Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: Councilmember Elliott. THE MOTION CARRIED. Resolution Making Appointments to Boards and Commissions, Adopted Following is the staff's memorandum on this item: "On December 9, 1983, Council received copies of the active applications for Boards and Commissions. On January 3, Council will be asked to make appointments to the following: 1. CHOICE Advisory Committee (7) 2. Commission on Disability (1) 3. Human Relations Commission (1) 4. Landmark Preservation Commission (1) 5. Parking Commission (2) 6. Parks and Recreation Board (1) 7. Storm Drainage Board (1)" -240- January 3, 1984 Councilmember Ohlson nominated Laird MacCubbin to the Commission on Dis- ability. Since there were no other nominations, Mayor Knezovich directed Mr. Mac- Cubbin's name be inserted in the Resolution. Councilmember Ohlson nominated Nora Carroll to the Human Relations Commis- sion. Since there were no other nominations, Mayor Knezovich directed Ms. Car - roll's name be inserted in the Resolution. Councilmember Ohlson nominated Glenda McCall to the Landmark Preservation Commission and Roger Evans as the alternate to that Board. Councilmember Elliott nominated David Knox for the alternate position. The vote on the two nominations for the alternate position was as follows: Elliott Knox - Horak Evans Knezovich - Evans Ohlson Evans Rutstein - Evans Stoner - Evans Mayor Knezovich directed the names of Glenda McCall and Roger Evans be inserted in the Resolution as member and alternate to the Landmark Preser- vation Commission. Councilmember Rutstein nominated Claire March and Letty Coykendall to the Parking Commission. Councilmember Elliott nominated C.C. Ellenberger to the Parking Commission. The vote was as follows: Elliott - Ellenberger, March Horak - Coykendall, March Knezovich - Ellenberger, March Ohlson - Coykendall, March Rutstein - Coykendall, March Stoner - Coykendall, March Mayor Knezovich directed the names of Claire March and Letty Coykendall be inserted in the Resolution as members of the Parking Commission. -241- January 3, 1984 Councilmember Elliott nominated David Shands to the Parks and Recreation Board. Councilmember Stoner nominated Bill Loy to the Parks and Recreation Board. The vote was as follows: Elliott - Shands Horak - Loy Knezovich - Shands Ohlson - Loy Rutstein - Loy Stoner - Loy Mayor Knezovich directed the name of Bill Loy be inserted in the Resolution as a member of the Parks and Recreation Board. Councilmember Horak nominated Greg Hurst and Pat Graham as member and alternate to the Storm Drainage Board. Mayor Knezovich directed those names be inserted since there were no other nominations. After discussion and voting, Mayor Knezovich directed the following names be inserted in the Resolution as members of the CHOICE Advisory Committee with terms as indicated: Name Philip Friedman Jeffrey Eighmy Peg Hensley Gleaves Whitney Richard Dunn Kathryn Holbrook Ann Gallivan iration of Term July 1, 1984 July 1, 1985 July 1, 1985 July 1, 1986 July 1, 1986 July 1, 1987; July 1, 1987 Councilmember Horak made a motion, seconded by Councilmember Ohlson, to adopt Resolution 84-5 inserting the names as indicated above. Yeas: Councilmembers Elliott, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. -242- u January 3, 1984 Resolution Authorizing the Assignment by Anthony Giacopelli of an Agreement Concerning Bus Benches, Adopted Following is the staff's memorandum on this item: "The Resolution describes the existence of an Agreement dated September 2, 1980, between the City and Anthony Giacopelli wherein Mr. Giacopelli agreed to.provide bus benches to the City and to derive income from the adver- tising to be placed on the benches. That Agreement was changed by a docu- ment entitled Addendum and Agreement entered into on the 1st day of April, 1983, providing, among other terms, that the contract could be extended at .the option of Mr. Giacopelli for two successive five year terms at the expiration of the original Agreement on August 31, 1985. Mr. Giacopelli has asked the City to give its approval to his assignment of the Agreement to Gary D. Young and David L. Young. The Youngs have had previous experi- ence in the ownership of a bench advertising company. Mr. Gary D. Young lives in Fort Collins and his father, David L. Young, lives and will continue to reside in Indiana. Mr. Giacopelli has furnished information about the background of Gary D. Young, who will appear personally at the Council meeting on January 3, 1984. Mr. Giacopelli has entered into an agreement with Gary D. Young and David L. Young for the sale of his bus bench business. The Agreement for Pur- chase and Sale of Business is "expressly contingent upon the appropriate officials of the City of Fort Collins executing a written consent to the assignment of the License Agreement by Anthony Giacopelli to the Purchasers on or before the date of closing, which consent shall unconditionally authorize the assignment of the License Agreement to the Purchasers without any change or modification of the terms thereof. In addition, this Agree- ment of Purchase and Sale is further contingent upon the City of Fort Collins authorizing the Sellers (Giaco Enterprizes,.Inc., a Colorado corporation, and Anthony Giacopelli) to take a security interest in the .License Agreement for the purpose of permitting the Sellers to resume the operation of the Business in the event of a default in the payment of the Purchase Money Promissory Note." The closing of this transaction is scheduled to be held on the 5th day of January, 1984." City Attorney Huisjen noted the Resolution had been amended so that Giaco Enterprizes would take the security interest back on the condition that interest would be distributed to Anthony Giacopelli within 90 days. The security interest needs to be taken in the name of the corporation for tax purposes. ' Councilmember Elliott made a motion, seconded by Councilmember Horak, to adopt Resolution 84-8 as amended. -243- January 3, 1984 , David Young, Cambridge City, Indiana, noted it was their intent to continue the bus bench advertising business as Mr. Giacopelli had previously oper- ated it. The vote on Councilmember Elliott's motion to adopt Resolution 84-8 as amended was as follows: Yeas: Councilmembers Elliott, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. Citizen Participation Secretary's Note: Councilmember Clarke joined the meeting at this point. A. Proclamation Naming January 15-21 as National Jaycee Week was forwarded to the appropriate persons. B. A Resolution Expressing the Appreciation and Gratitude Posthumously to Police Chief Ralph M. Smith for his service to the community was read by Mayor Knezovich. Linda Goff, representing the Fraternal Order of Police, expressed the organization's sympathy to the family of Chief Smith and also their support for Council passage of the Resolution honoring Chief Smith. i Councilmember Clarke made a motion, seconded by Councilmember Horak, to adopt Resolution 84-9. Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. Dale Maxey, Acting Chairman of the Quality of Life Coalition, asked ques- tions about Option 2, the schedule of activities leading up to -the May 1 referendum election on the-A-B annexation question. Items Pertaining to Air Quality and the Anheuser-Busch Planned Unit Development Following is the staff's memorandum on this item: "A. Resolution Establishing Air Quality Goals for the Community, Directing Staff and EQUATAC to Implement Air Quality Goals, and Making Recommen- dations to the Planning and Zoning Board on Air Quality Conditions for the Anheuser-Busch Planned Unit Development. B. Resolution Making Comments to the Colorado Department of Health and the Environmental Protection Agency Pertaining to the Anheuser-Busch I Air Quality Permit. -244- January 3, 1984 Based on EQUATAC's recommendations and comments received during a public information meeting on December 12 and the first public hearing held on December 20, staff has prepared two resolutions pertaining to air quality and the Anheuser-Busch air quality application. These resolutions are suggested as a way for Council to formalize their final comments on these issues. The first Resolution establishes air quality goals for the community, directs staff and EQUATAC to implement the goals, and makes recommendations to the Planning and Zoning Board on air quality conditions for the Anheu- ser-Busch P.U.D. A brief cover memo provides additional background and clarification on this Resolution. The second resolution provides comments to the State Department of Health and the Environmental Protection Agency concerning the specific air quality permit to be issued by each of these agencies." Director of Planning and Development Curt Smith presented a chart comparing the federal and state standards for sulfur dioxide with the maximum emis- sions from the brewery. He spoke of the health hazard studies done by the federal government that evaluated the effects of different concentrations ' of sulfur dioxide and other pollutants on persons with respiratory and other health problems. These studies were to determine the most signifi- cant health hazard populations. The following persons spoke on this issue: 1. Tim Johnson, 2939 Brookwood Place, CSU biochemist, Poudre Canyon Sierra Club, opposed the proposed S02 emissions level of 970 tons per year, preferring a level of approximately 200 tons per year. 2. Dennis Sinnett, 813 Commodore Place, expressed support for the Resolutions. 3. Dennis Hogarty, 2261 Shawnee Court, investment broker with Boet- tcher and Company, urged adoption of the Resolutions. 4. Howard Gebhart, 2533 Romeldale Court, air quality meteorologist at ERT, addressed the permit application from his standpoint. 5. Christopher Johnson, 1850 Laporte Avenue, air quality scientist, expressed his concerns about the permit application and the issue of visibility. ' 6. Dave Ericson, 924 West Oak, spoke about the necessity of imposing tight restrictions on air polluters in the community. -245- January 3, 1984 7. Harry Deines, 1707 Country Club Road, stated he felt A-B would be good neighbors and expressed support for their location in Fort Collins. 8. Ray Rutman, 1516 Wagontongue, expressed concerns about the visi- bility issue. 9. Kent Hall, 1712A Spring Meadows Court, expressed support for A-B as a future neighbor. 10. Alan Apt, 2301 Sheffield Drive, asked if the A-B representatives were going to make a statement and if the audience would have an opportunity to rebut or debate that statement. 11. Brad Edwards, 2828 Cherry Lane, Chairman of the Colorado Mountain Club, commented on the acid rain problem nationwide. 12. Craig Larsen, 1030 McHugh, expressed the fear A-B would locate somewhere else if they're continually harassed. 13. Johnny Whelan, 415 Riddle Drive, expressed concern about the ' quality of life in Fort Collins if A-B locates here. Councilmember Clarke made a motion, seconded by Councilmember Stoner, to adopt Resolution 84-6. Councilmember Rutstein made a motion, seconded by Councilmember Horak, to amend the Resolution by splitting it into two Resolutions to separate air quality goals from the PUD conditions for A-B. Councilmembers Horak, Ohlson, Rutstein, and Stoner. Nays: Councilmembers Clarke, Elliott, and Knezovich. THE MOTION CARRIED. The vote on Councilmember Clarke's motion to adopt the amended version of Resolution 84-6 dealing only with air quality goals was as follows: Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. Councilmember Stoner made a motion, seconded by Councilmember Clarke, to adopt the newly created Resolution 84-10 dealing with A-B PUD conditions and to add the figure "970 tons" in paragraphs 1 and 4 of Section 1 of the Resolution. .1 1 -246- January 3, 1984 Councilmember Rutstein made a motion, seconded by Councilmember Ohlson, to amend Resolution 84-10 to read "520 tons" in paragraphs 1 and 4 of Section 1. Jack Stein, Anheuser-Busch, read a statement on behalf of his firm noting the 970 ton limitation represents a minimum level which A-B could agree to and still have the flexibility to operate the brewery year round. He added this flexibility was imperative to a "go or no go" final decision on the plant. The vote on Councilmember Rutstein's motion to amend Resolution 84-10 to read "520 tons" in paragraphs 1 and 4 of Section 1 was as follows: Yeas: Councilmembers Horak, Ohlson, and Rutstein. Nays: Councilmembers Clarke, Elliott, Knezovich, and Stoner. THE MOTION FAILED. Councilmember Elliott made a motion, seconded by Councilmember Clarke, to add another Whereas clause to Resolution 84-10 as follows: "WHEREAS, given current economic and supply conditions, it is the stated intent of A-B to use natural gas as a primary fuel at their site with fuel oil as an alternative fuel." Yeas: Councilmembers Clarke, Elliott, Horak, Ohlson, Rutstein, and Stoner. Hays: Mayor Knezovich. THE MOTION CARRIED Councilmember Clarke made a motion, seconded by Councilmember Stoner, to delete paragraphs 2 and 3 of Section 1 and replace -.them with paragraph from the original Resolution 84-6 as follows: "If A-B uses oil for more than 15 days, during the months of October through March, A-B agrees to monitor ambient air levels Of S02, NOx, and TSP and provide reports to the City." Yeas: Councilmembers Clarke, Knezovich, and Stoner. Nays: Councilmembers Elliott, Horak, Ohlson, and Rutstein. THE MOTION FAILED. Councilmember Clarke made a motion, seconded by Councilmember Horak, to add a sentence to paragraph 3 as follows: "Such monitoring may EQUATAC and Council and future monitoring be discontinued that a reasonable is unnecessary." -247- upon the determination of sample has been obtained January 3, 1984 ' Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. Councilmember Horak made a motion, seconded by Councilmember Ohlson, to amend paragraph 4 of Section 1 of the Resolution to insert "520 tons" in place of "970 tons". Yeas: Councilmembers Horak, Ohlson, and Rutstein. Nays: Councilmembers Clarke, Elliott, Knezovich, and Stoner. THE MOTION FAILED. The vote on Councilmember Stoner's original motion to adopt Resolution 84-10 as amended by Councilmembers Elliott and Clarke was as follows: Yeas: Councilmembers Clarke, Elliott, Knezovich, and Stoner. Nays: Councilmembers Horak, Ohlson, and Rutstein. THE MOTION CARRIED. Councilmember Rutstein made a motion, seconded by Councilmember Ohlson, to adopt Resolution 84-7 with the amendments suggested in Councilmember Rutstein's version of the ordinance and adding a paragraph 4 stating: ' "Best available control technology should be required for all emissions from the brewery. The new source performance standards for the emissions of oxides of nitrogen of .3 pounds per million BTU when residual oil is used and .2 pounds per million BTU when natural gas is used should be required if determined by EPA to be technically feasible." Councilmember Clarke made a motion, seconded by Councilmember Stoner, to additionally amend Resolution 84-7 by deleting paragraph 2 of the Resolu- tion and renumbering the remaining paragraphs. Councilmember Horak clarified the last two amendments to Resolution 84-7 by stating the amendments on the floor were essentially to take the original Resolution 84-7 presented in the packet and delete paragraph 1 and renumber the remaining two paragraphs. Councilmember Clarke stated that was the intent of his motion. The vote on Councilmember Rutstein's motion to adopt Resolution 84-7 as described by Councilmember Horak was as follows: Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. ' -248- J January 3, 1984 Items Relating to the Lease/Purchase of Computers for the Library Following is the staff's memorandum on this item: "A. Hearing and First Reading of Ordinance No. 1, 1984, Authorizing the City Manager to Amend an Agreement Between the City of Fort Collins and Merit Financial Corporation for the Lease and Option to Purchase Certain Equipment. B. Hearing and First Reading of Ordinance No. 2, 1984, Appropriating Unanticipated Revenue from a New Revenue Source. In March, 1983, Merit Financial Corp. was selected to provide financing for the lease/purchase of various City vehicles. They were selected based upon their low interest rate of 8.751%. Merit Financial Corp. is willing to extend this rate to purchase three Apple Computers and related hardware. (An informal quote for lease/purchase money resulted in a quoted interest rate of 9.25% from another lender). The staff continues to recommend lease/purchase as a viable alternative to the City's past method of providing for equipment needs. Income realized from the rental of equipment to the public will be used to make the lease payments, with Light and Power funding any deficit. The Library Board reviewed the proposed program on October 11 and approved a $3/hour computer rental fee. The cost for this equipment, which is currently being bid, is approximately $16,000. The 1984 payment is $3,000 and the second Ordinance appropriates revenue-from_the rental -fee for .payment of the 1984 lease -purchase payment. ESSENTIAL FACTORS Use of personal computers is becoming more widespread every day. Students and adults want and need access to this equipment. Other public libraries in Colorado and the United States are providing this service. Those libra- ries charging the public for access are finding it is a popular service and does pay for itself. We have not spoken directly to all these libraries, but those reporting in the literature state good patron response. Why an Apple IIe? After looking at the equipment available we decided on the Apple IIe because it is used in the local school system, there is a wide variety of software available, and it is available to us on a very reasonable state bid price. ' Library staff will be able to develop a wide range of programs for in-house use: Coloradoan index, standing orders scheduling, film statistics. -249- January 3, 1984 City staff could have access to the software and equipment for program use and/or development as desirable. Employee Development can use the equipment and software for training in computer literacy, key -boarding. Library staff and Light and Power staff can use the equipment to develop programs useful to the public in conjunction with the Energy Information Center, a CHOICE program, now being established at the Library: file of energy resource people in the community; file of energy -related dealers in the community; energy usage comparison program. Further down the road purchase or lease of a telephone modem would open up access to large computer networks and data bases. Yearly Operation and Maintenance Costs for this new library program after the initial expenses which are figured for a one-year period would include: - Annual maintenance contract on equipment - $486. - Additional software-$500-1500 - can be funded from the annual book ' budget. - Supplies -$1400 - We will sell diskettes and paper for public use." Councilmember Horak made -a-motion, seconded by Councilmember Elliott, to adopt Ordinance No. 1, 1984 on First Reading. Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. City Manager Arnold stated Ordinance No. 2, 1984 would need to be amended to change the figure listed from $3,000 to $4,591.35. He noted one payment had been omitted thus the discrepancy in the numbers. Councilmember Horak made a motion, seconded by Councilmember Ohlson, to adopt Ordinance No. 2, 1984 on First Reading and to amend the Ordinance to reflect the $4,591.35 figure. Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. -250- January 3, 1984 Ordinance Appropriating Prior Year Reserves Transferred from Sales and Use Tax Fund and Prior Year Reserves in the Capital Projects Fund for Renovation of Old City Hall, Adopted on First Reading Following is the staff's memorandum on this item: "This item appeared on the December 20, 1983 City Council agenda as an emergency Ordinance. Included in the agenda at that time were: • Cover memorandum with recommendation from the City Manager. • Problem statement with options from Project Manager Jack Gianola • Funding source memorandum from Budget & Research Director, Silvija Widmer. ' At this meeting Council tabled this item to to provide all Councilmembers the opportunity January 3, 1984, to tour East City in order Hall and view the work completed to date and what is being proposed. On December 23, Council received an additional memorandum from me on this renovation project, along with prior memos,.together with a new more detailed cost analysis from Jack Gianola. We are including all of this .background material for your ready reference. My recommendation continues to the funding of Option A, for a total cost of $707,300." Councilmember Stoner made a motion, seconded by Councilmember Clarke, to direct the staff to proceed with Option A as proposed by staff. Councilmember Horak pointed out that the cost of the project was actually $1.4 million since approximately $600,000 had already been authorized. He stated he felt other projects should be considered, perhaps by the Project RECAP Committee before authorizing the additional $707,000. The vote on Councilmember Stoner's motion to proceed with Option A was as follows: Yeas: Councilmembers Clarke, Elliott, Knezovich, Ohlson, Rut- stein, and Stoner. Nays: Councilmember Horak. I THE MOTION CARRIED. -251- January 3, 1984 Councilmember Clarke made a motion, seconded by Councilmember Stoner, to adopt Ordinance No. 8, 1984 on First Reading. Yeas: Councilmembers Clarke, Elliott, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None. (Councilmember Horak abstained) THE MOTION CARRIED. Ordinance Authorizing the Transfer of Appropriated Amounts Between Capital Projects for Old City Hall Renovation, Adopted on First Readin Following is the staff's memorandum on this item: "The prior item, Ordinance No. 8, 1984, authorized appropriations to reno- vate Old City Hall (City Hall East). Funding was identified as follows: $ 43,440 1983 Capital Projects Fund Interest Earnings ' 211,906 1983 Excess Sales & Use Tax receipts (through 11/83) 451,954 1984 Excess Sales & Use Tax receipts beyond 11/83 $707,300 However, the actual full year 1983-Excess Sales and Use Tax Receipts will not be finally determined until the completion of the 1983 audit in March, 1984. Until that time, the remaining $451,954 needed for the Old City Hall Renovation Project can be obtained by transferring this amount of 1984 appropriations from the Street Rehabilitation Program Project. Excess Sales and Use Tax Receipts will be dedicated to repay the Street Rehabili- tation Program when they are available. The total 1984 Budget for the Street Rehabilitation Program is $700,000. The transfer of $451,954 would leave $248,046 available for the Street Rehabilitation Program. Since very little street maintenance is typically performed in the early part of the year, this transfer would have no adverse impact on the progress of the project, as funds would be available later in the year when they are needed. It should be noted that Article V, Section 15 of the City Charter stipu- lates that transfers of "any unexpended appropriated amount or portion thereof from one fund to another" may be made "provided that the purpose for the initial expenditure no longer exists." In this case, the purpose of the original appropriation is a 1984 Street Rehabilitation Program. ' This action transferring funds could result in a smaller than budgeted 1984 -252- January 3, 1984 Street Rehabilitation Program if Sales and Use Tax receipts do not mater- ialize as expected in December, 1983. We judge that a remote possibility. The intent of the 1984 Street Rehab Program was not to expend the money in the first quarter of the year, and we will appropriate funds to reimburse the tit Rehab Program after completion of the financial report by April, 1984." Councilmember Clarke made a motion, seconded by Councilmember Stoner, to adopt Ordinance No. 9, 1984 on First Reading. Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. Other Business Councilmember Stoner suggested staff investigate the possibility of naming the north wing of City Hall East after former Police Chief Ralph M. Smith. ' City Manager Arnold replied staff would check the Council policy on naming facilities. Adjournment Councilmember Horak made a motion, seconded by Councilmember Rutstein, to adjourn the meeting. Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich,..Ohlson, Rutstein, and.Stoner. Nays: None. The meeting adjourned at 1:15 a.m. ATTEST: City Clerk -253-