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HomeMy WebLinkAboutMINUTES-05/01/1984-RegularMay 1, 1984 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council -Manager Form of Government Regular Meeting - 5:30 p.m. Presentation of the colors was by Brownie Troop g379 and their leaders, Gail Matlock and Marjorie Spawn. A regular meeting of the Council of the City of Fort Collins was held on Tuesday, May 1, 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 Council - members: Clarke, Elliott, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Staff Members Present: Arnold, Huisjen, Lewis, Krajicek, Shannon 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 #14, 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 Approving the Minutes of the Regul the Adjourned Meeting of April 24. 5. Second Reading of Ordinance No. 53, 1984, Authorizing the City Man to Enter into an Agreement for the Lease/Purchase of Vehicles Equipment. - Staff continues to recommend lease/purchase as a viable alternative to the City's past method of providing for equipment needs. The City solicited lease/purchase financing proposals from approxi- mately 25 firms. The bids were opened at 11:00 a.m. on April 12. The lowest net effective interest rate was received from Merit Finan- cial Corporation of 8.689%. Money for the 1984 lease/purchase pay- ments was budgeted when the 1984 Budget was adopted in October, 1983. -414- May 1, 1984 The City proposes in the Ordinance, which was unanimously adopted on First Reading on April 17, to lease/purchase vehicles and equipment in the amount of $278,967. 6. Second Reading of Ordinance No. 54, 1984, Appropriating Unanticipated Revenue and Authorizing Transfer in the DDA Fund for Development of Pedestrian Way Guidelines. This Ordinance was unanimously adopted on First Reading on April 17. During the fall of 1983 the Downtown Development Authority began discussing the need for cohesiveness in the quality and design of improvements to the pedestrian ways in the downtown, including simi- larity in sidewalk treatments, lighting standards and plantings. Following requests from two developers for assistance in upgrading the public right of way, the board established a committee to determine the scope of involvement by the DDA. The committee was comprised of members and staff of the Authority, City staff from the Planning and Engineering departments, and persons from private planning firms. The committee determined the need for continuity in designing upgrades within the district and issued a Request for Proposals for the development of Pedestrian Way Guide- lines. On February 21, Plum Street Professional Associates was chosen by the selection committee to provide the Downtown Development Au- thority with guidelines to use in funding pedestrian way upgrades. The DDA Board has approved the selection of the consultant and de- veloped the following budget: Consultants $14,500 Printing Costs 2,000 Reimbursables 500 Administration 800 Contingency 700 Total $18,500 Hearing and First Reading of Ordinance No. 55, 1984, Appropriating Unanticipated Revenue in the Capital Projects Fund. On March 20, 1984, Council adopted Resolution 84-52, extending a line of credit to the DDA in the amount of $3,200,000 to be used as an interim financing source until such time as the DDA issues bonds. This was done so that the DDA could proceed with planned projects in a timely manner. -415- May 1, 1984 One of the projects to be financed by the line of credit is the Railroad Track Relocation and Mason Street Construction. In order to begin the project, Council adopted Ordinance No. 43, 1984 appropri- ating $732,000 in the DDA Fund to be transferred to the Capital Projects Fund to finance the DDA's portion of the total cost of the project. Because financing for the project is coming from many different sources, it was decided to transfer all funds to the Capital Projects Fund, where the City's portion of this project, $340,000, was appro- priated in the 1984 Budget. The DDA's share of $732,000 has been appropriated in the DDA Fund for transfer to the Capital Projects Fund, but now needs to be appropriated for expenditure in the Capital Projects Fund. 8. Hearing and First Reading of Ordinance No. 56, 1984, Designating 330 East Laurel Street as a Historic Landmark. On March 28, 1984, the Cultural Resources Board passed a motion recom- mending that the structure at 330 E. Laurel Street be designated as a historic landmark. The recommendation relates to the original struc- ture only, not the adjacent building located on the east side of the original building. 9. Routine Easements. In January, the City entered into an agreement with Jensen Enterprises for the extension of an oversized 15" sanitary sewer main on the south side of Drake Road, from approximately the intersection of Drake with Spring Creek to the Dixon Creek P.U.D. (map attached). In accordance with this agreement, six of the seven required easements have been obtained and are listed below for Council approval. The City has budgeted its $168,000 share of the project cost through the Utility Oversizing Fund. A standard repay agreement will be prepared once the project is completed. Location Grantor Consideration #4 Robert W. and Audrey Lou Horton $10.00 #7 William H. Heineman Jr. and Pernecia H. Heineman 10.00 #14, #15 Patrick Michael and Florence C. O'Donnell 10.00 #19, #20 Charles M. and V. Maxine Burchfield 10.00 #21 Walter Henry and Dorothy Louise Beckley 10.00 -416- May 1, 1984 Ordinances on Second Reading were read by title by Wanda Krajicek, City Clerk. Item #5. Second Reading of Ordinance No. 53, 1984, Authorizing the City Manager to Enter into an Agreement for the Lease/Purchase of Vehicles and Equipment. Item #6. Second Reading of Ordinance No. 54, 1984, Appropriating Unantici- pated Revenue and Authorizing Transfer in the DDA Fund for Development of Pedestrian Way Guidelines. Ordinances on First Reading were read by title by Wanda Krajicek, City Clerk. Item #7. Hearing and First Reading of Ordinance No. 55, 1984, Appropri- ating Unanticipated Revenue in the Capital Projects Fund. Item #8. Hearing and First Reading of Ordinance No. 56, 1984, Designating 330 East Laurel Street as a Historic Landmark. Councilmember Ohlson made a motion, seconded by Councilmember Elliott, to adopt and approve all items not removed from the Consent Calendar. I Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. City Manager's Report City Manager Arnold pointed out that Division Chief Dave Feldman was now Acting Chief of the Police Department and also introduced Rich Shannon who began his duties as Assistant City Manager on May 1. Councilmembers' Reports Councilmember Rutstein reported on her visit to the Senior Citizen Outreach Center at Rangeview Housing Development. Councilmember Knezovich reported on the selection process for the new PRPA General Manager. He noted the Board would be meeting in open session to select one of the five finalists to begin final negotiations with. Mayor Horak reported on the Council of Governments meeting, noting the Poudre Trails System Study, the Larimer County Housing Study, and the problems of the drilling of gas wells had been discussed. He noted there would be a work session dealing with housing issues in the near future. -417- 11 May 1, 1984 Emergency Ordinance Authorizing Transfer of Lottery Funds for Two Flood Control Projects. Adopted Following is the staff's memorandum on this item: "Council authorized borrowing from Lottery funds for two flood control projects -- protection of the Shields Street bridge and protection of Legacy Park -- at the last City Council meeting. This item appropriates the money as necessary to carry out that decision in the Seven -Year Capital Fund, which is the fund through which similar work, down -river, is being done. Because of the imminent danger of spring run-off, the ordinance is being presented as an emergency ordinance, thus making these needed funds immediately available for expenditure. To recapitulate, it is our intent to replace the monies borrowed from the Lottery fund before the end of the year from other savings able to be effected; if that is not possible, then we will budget for replacement in 1985." Councilmember Rutstein made a motion, seconded by Councilmember Ohlson, to adopt Ordinance No. 57, 1984 as an Emergency Ordinance. Barbara Allison, 1212 Lynnwood Drive, questioned whether it was legal to use lottery monies for flood control projects. Mayor Horak pointed out the monies were to be borrowed from lottery funds and would be repaid with interest from excess sales tax revenue or from the 1985 capital improvement funds. City Manager Arnold noted the monies were being used to protect trails and a park and were a legitimate use of the funds. Councilmember Elliott made a motion, seconded by Councilmember Rutstein, to amend the fourth WHEREAS of the Ordinance to delete "it is the intent of" and to change "to" to "will" making the clause read "WHEREAS, the City Council will repay this transfer...". Councilmember Stoner noted he would vote against the amendment stating he felt the intent was clear with the original language. The vote on Councilmember Elliott's motion to amend Ordinance No. 57, 1984 on Final Reading was as follows: Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Ohlson, and Rutstein. Nays: Councilmember Stoner, THE MOTION CARRIED. -418- May 1, 1984 Councilmember Knezovich stated he had not been in favor of this action at the work session. He questioned the Emergency status of the Ordinance and noted he did not feel this was a proper budgeting procedure. He felt adequate flood protection should have been built into the 1984 Budget based on the 1983 floods. He urged defeat of the Ordinance and suggested staff find the $70,000 somewhere else in the 1983 Budget. The vote on Councilmember Rutstein's motion to adopt Ordinance No. 57, 1984 as amended on Final Reading was as follows: Yeas: Councilmembers Clarke, Elliott, Horak, Ohlson, Rutstein, and Stoner. Nays: Councilmember Knezo- vich. THE MOTION CARRIED. Barbara Allison, 1212 Lynnwood Drive, spoke of the petitions she had presented to the City Clerk on April 30 regarding the Ordinance relating to smoking in public places. She asked Council to reconsider the Ordinance and repeal it rather than call a Special Election. She suggested a work session to discuss the issue further. Mayor Horak pointed out the Ordinance was now suspended until Council takes further action on it. He added the validity of the signatures on the petition would be certified to Council by the City Clerk on May 15. Ron Meyer, 2912 Eindborough, representing GROAN, asked Council to cover or remove the signs recently placed in City Hall relating to the enforcement of Ordinance No. 23, 1984. He felt this action would deescalate the issue. He noted his group would be happy to work with Council and to give further input on this issue. Carroll Doty, 330 Peterson, stated she had information indicating Poudre Valley Hospital was not going to implement any measures relating to the new Ordinance. She added the Larimer County Health Department had decided not to take sides in the issue. City Manager Arnold gave a brief history on the issue of smoking in City buildings. He noted staff had prepared for the anticipated May 3rd effec- tive date of the Ordinance by ordering and placing signs in various City buildings and that the signs complied with the 1979 Ordinance and could be left in place. He noted Council had given strong direction on this matter, but added the signs could be covered until the question was decided. Councilmember Stoner noted he was in favor of the work session and urged the various groups to give a united presentation on the issue. -419- May 1, 1984 Councilmemmber Knezovich made a motion, seconded by Councilmember Elliott, to direct City staff to return City buildings to the condition they were in 10 days ago with regard to public signage. Councilmember Knezovich agreed that the issue needed to be deescalated and that Council had a duty to act as unbiased as possible and a responsibility to return to the status quo and a more balanced approach. Councilmember Stoner noted the feedback he had received had indicated a concern over public places where citizens were forced to go such as City facilities. He suggested the signs should be left in place to enforce the effect of the law in those City facilities. Mayor Horak supported the motion and stated he felt Council should not try to influence the outcome of the referendum, if the issue comes to that. The vote on Councilmember Knezovich's motion was as follows: Yeas: Councilmembers Elliott, Horak, Knezovich, and Ohlson. Nays: Councilmem- bers Clarke, Rutstein, and Stoner. THE MOTION CARRIED. Citizen Participation a. Proclamation Naming Month of May as Senior Citizen Month was delivered to the appropriate persons. b. Proclamation Naming Thursday, May 3 as National Day of Prayer was delivered to the appropriate persons. c. Proclamation Naming May 6-12 as Volunteer Recognition Week was de- livered to the appropriate persons. d. Proclamation Naming May 13-19 as Preservation Week was accepted by Dick Beardmore of the Landmark Preservation Commission. Dr. Terry Podmore, 1205 West Mountain Avenue, read a prepared statement indicating the opposition of the Parkway Preservation Society to the Resolution adopted on April, 24, 1984, and to the West Mountain Avenue trolley route. He expressed his group's willingness to work with Council towards the appropriate location of the trolley route elsewhere within the City. Rose Watson, native of Pakistan, spoke in opposition to. the Smoking Ordi- nance. -420- May 1, 1984 Chris Everitt, Boy Scout Troop #83, noted his group was working on citizen- ship merit badges and was observing the Council meeting. Other Business Mayor Horak asked what had happened earlier that day with regard to the moving of trees on West Mountain. City Manager Arnold noted the Trolley Society had hired a Denver firm to move six trees between Bryan and Roosevelt and one tree east of Roosevelt. The six trees were moved with one remaining to be moved. Mark Bassett, President of the Fort Collins Municipal Railway Society, stated the remaining tree, a cottonwood, was in the median between Fishback and the next street east and would need some trimming before being moved. He noted the tree firm, C.C. Moore, had bid $100-125 each to move the trees and that the Society had received another bid of $50 each, but that firm declined to move the trees because of threatening phone calls. He spoke of the incident on the median earlier in the day, noted the increase in emotions and tempers, and asked Council for permission to move all the trees on the West Mountain route. City Manager Arnold commented on the public demonstration against the moving of the trees and noted the Police Department had been present to encourage order. He noted he had not yet done work on alternate route analysis or changing the Trolley Society contract to comply with the Resolution adopted on April 24. This may or may not involve an addendum to the existing contract. Adjournment Councilmember Ohlson made a motion, seconded by Councilmember Elliott, to adjourn the meeting. Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None. The meeting adjourned at 8:10 p.m. Mayor ATTEST: City Clerk QS -421-