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HomeMy WebLinkAboutMINUTES-05/15/1984-RegularMay 15, 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, May 15, 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, Horakk, Knezovich, Ohlson, Rutstein, and Stoner. Staff Members Present: Arnold, Huisjen, Lewis, Krajicek, L. Hopkins, Shannon Agenda Review: City Manager City Manager Arnold noted he had a letter from Dave Armstrong, executive vice-president, United Bank, requesting Item #29, Appeal of Zoning Board of Appeals Decision (ZBA #1510) - United Bank, 400 Block of South College Avenue, be withdrawn from the agenda. Mr. Armstrong's letter indicated they would not be resubmitting their appeal. He also noted staff had requested Item 22a, Easement from the City of Fort Collins to the developer of Raintree P.U.D., be removed from the agenda for further review and brought back on June 5. City Manager Arnold added there would be an item of Other Business dealing with land acquisition. Norman Munn, P.O. Box 1040, Fort Collins, requested Item #18, Resolution Urging the State of Colorado to Provide an Emergency Funding Request for Gas and Oil Consulting Services, 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 #31, 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. -422- May 15, 1984 4. Consider Approving the Minutes of the Regular Meeting of May 1. 5. Second Reading of Ordinance No. 55, 1984, Appropriating Unanticipated Revenue in the Capital Projects Fund. This Ordinance was unanimously adopted on First Reading on May 1. 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. 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. 6. Second Reading of Ordinance No. 56, 1984, Designating 330 East Laurel Street as a Historic Landmark. This Ordinance was unanimously adopted on First Reading on May 1. On March 28, 1984, the Cultural Resources Board passed a motion recommending that the structure at 330 E. Laurel Street be designated as a historic landmark. The recommendation relates to the original structure only, not the adjacent building located on the east side of the original building. 7. Hearing and First Reading of Ordinance.No. 58, 1984, Annexing Approxi- mately 42.5 acres of Property Located East of South Lemay Avenue and North of County Road 32. Known as Emerson Acres;Annexation. The applicants, Robert and Karen Dickinson, are seeking to annex approximately 42.5 acres of property located east of South Lemay Avenue (County Road 13) and north of County Road 32. A voluntary -423- May 15, 1984 annexation is defined as one in which more than fifty percent (50%) of the landowners owning more than 50% of the land in the area are in agreement with the annexation. The Emerson Acres Annexation is 100% voluntary. This annexation achieves its one -sixth (1/6) contiguity requirement through %a common boundary with the Halcyon Annexation. 8. Hearing and First Reading of Ordinance No. 59, 1984 Zoning Approxi- mately 42.5 Acres of Property Located East of South Lemay Avenue and north of County Road 32 Known as the Emerson Acres Annexation Zoning to the R-L-P, Low Density Planned Residential District. The applicants, Robert and Karen Dickinson, are seeking to zone approximately 42.5 acres of property located east of South Lemay (County Road 13) and north of County Road 32, to the R-L-P, Low Density Planned Residential zoning district with a condition that all development on the property be processed as a planned unit development. 9. Hearing and First Reading of Ordinance No. 60, 1984, Annexing Approxi- mately 6.592 Acres of Property Located on the East Side of South Col_l�ege Avenue, South of Harmony Road and North of Fossil Creek eM ajSubdivision, Known as the Fossil Creek irst Annexation. The applicants, James P. Peterson, Clarissa Frances Allison and Floyd W. Deines, are seeking to annex approximately 6.592 acres of property located on the east side of South College Avenue, south of Harmony Road and north of the Fossil Creek Meadows Subdivision. The annexa- tion is a voluntary annexation is defined as one in which more than fifty percent (50%) of the landowners owning more than 50% of the land in the area are in agreement with the annexation. The Fossil Creek Meadows First Annexation is 100% voluntary. The annexation achieves its one -sixth (1/6) contiguity requirement through a common boundary with the Fairway Estates Business Annexation. 10. Hearing and First Reading of Ordinance No. 61, 1984, Zoning Approxi- mately 6.592 Acres of Property Located on the East Side of College Avenue, South of Harmony Road and North of Fossil Creek Meadows Subdivision, Known as the Fossil Creek First Annexation, to the B-L, Limited Business District. The applicants, James P. Peterson, Clarissa Frances Allison and Floyd W. Deines, are seeking to zone approximately 6.592 acres located on the east side of South College Avenue, south of Harmony Road and north of the Fossil Creek Meadows Subdivision to the B-L, Limited Business zoning district. The subject property is located along South College Avenue, a major arterial street, which is also U.S. Highway 287. Staff has no prob- lems with the requested B-L zone and feels the zoning would be in conformance with the City's Comprehensive Plan. -424- May 15, 1984 11. Hearino and First Readinq of Ordinance No. 62. 1984 118.bUU from Prior rear Reserves in the Capital Proiects Fund for the The City has an opportunity to work with 7-11, Southland Corporation, to widen the southwest corner of the Mulberry and Shields Intersection which would reduce the future cost of improving the intersection by $50,000. Southland Corp. has purchased the gas station on the southwest corner of Mulberry and Shields, next to their 7-11 Store. They are planning to demolish the gas station and remodel the 7-11 site to include more parking, gas pumps and landscaping. They have agreed to dedicate additional R.O.W., and to widen both Mulberry and Shields adjacent to their property. However, by the time they con- struct a transition from the new width to the existing width, their widening would have little impact on the improvement of the inter- section. Therefore, the goal of this project would be to construct the transitions across the properties adjacent to 7-11. This would involve working with the two property owners, John Gilsdorf to the west on Mulberry, and Mrs. Woelfle to the south on Shields. Both owners have been contacted and are willing to allow the transi- tions to be constructed across their properties. Improvements, estimated at $3,300, will be required on the Woelfle property to correct a drainage problem, and additional R.O.W., estimated at $550, will be required from Mr. Gilsdorf. The street improvements for the transitions, estimated at $14,650, which include pavement, curb and gutter, driveways, and sidewalks, would be designed and constructed by 7-11, and reimbursed by this project. The improvements to the Woelfle property will be managed and paid for by the City. 12. Easement for Mulberry and Shields Intersection. An easement has been received from John R. Gilsdorf for the con- struction of street improvements at the southwest corner of the Mulberry and Shields intersection. The easement is being acquired for a consideration of $550 and is submitted for approval in conjunction with the appropriation ordinance for the Mulberry and Shields inter- section project, which is the previous agenda item. , 13. Hearing and First Reading of Ordinance No. 63, 1984, Providing for the Imposition of an Additional Twentv-Five Hundredths Percent (.25%) ales and Use lax to 1 Chapter 104 of the Code of the City of Fort Collins presently estab- lishes a Sales and Use Tax in the amount of two and twenty-five hundredths percent (2.25%). By Resolution 84-33, the Council referred -425- May 15, 1984 a Sales and Use Tax Ordinance to the qualified electors of the City for the capital improvements as were defined in that resolution. On May 1, 1984, the qualified electors of the City of Fort Collins approved the imposition of an additional twenty-five hundredths percent (.25%) Sales and Use Tax to begin on July 1, 1984, and con- tinue through June 30, 1989, for the purpose of raising revenues to acquire and complete certain capital projects. This tax was to be effective as to sales and use of all taxable transactions as defined in Chapter 104, with the exception of food. This Ordinance pertains only. to the tax increase for capital improve- ments as approved by the voters and to become effective on July 1, 1984. Staff will be returning to the Council with an additional ordinance for the ice rink and swimming pool tax at a later time this year, since that tax is not to become. effective until January 1, 1985. 14. Hearing and First Reading of Ordinance No. 64, 1984, Repealing Para- graphs H and 0 of Section 112-126 of the Code of the City Relatina to Kequirements Tor rurnisninq Utility Service Outside the City Limits. In 1972, the City Council enacted Ordinance No. 96 (codified as Section 112-126) relating to requirements for furnishing utility service outside the City limits. As a part of this Ordinance, para- graph H provided that any applicant for out -of -City utility service would agree not to participate in any manner in the formation of any municipal or quasi -municipal district without the consent of the Council. Further, paragraph 0 provided that utility service should not be extended to any property unless such property also received all of its utility service from the City. Since these provisions are not enforced by the City, their existence in §112-126 creates confusion and ambiguity as to the City's policies regarding outside utility service. This is especially so in light of the City's present policy of cooperation with utility districts for the purpose of providing the best utility service at the most reason- able terms. By repealing these sections, the Code of Ordinances will be brought into compliance with the actual practice of the City and the ambiguity with regard to the City's policy will be eliminated. 15. Resolution Approving the Downtown Traffic and Circulation Plan and evisions to the Master rill This Resolution incorporates the recommended plan with the deletions of the Magnolia/Mulberry one-way couplet, and Whedbee Street/Willow Street for a period of six months, to enable the completion of the Laurel Street Master Planning Process. -426- May 15, 1984 16. Resolution Adopting the CDBG Policies Plan. During the process of adopting the City's FY 1983-84 Community De- velopment Block Grant Program, the City Council expressed a desire to establish a more focused direction for expenditures of Department of Housing and Urban Development funds in the CDBG Program. The Council directed the CDBG Citizens Steering Committee and the City Staff to formulate a plan to assist in establishing priorities for the spending of HUD monies. In September 1983, the Citizens Steering Committee commenced a plan- ning process to formulate � CDBG Policies Plan. The purpose of the planning process was to establish priorities of specific community issues so that applications for CDBG funding and the distribution of those funds could concentrate on the elimination of the specified problems. Over the past two months the Committee has concentrated on estab- lishing priorities for the CDBG Program. These policies were then integrated into the Plan. The Committee officially approved the draft document of the CDBG Policies Plan at their April 12, 1984, regular meeting. Members of the Citizens Steering Committee met with the City Council at their May 8, 1984 work session and reviewed the CDBG Policies Plan. City Council directed the Steering Committee to develop a 5 year financial plan and bring it back with their FY 1984-85 recommended proposals. After the Plan is adopted by Council, the CDBG Program office will begin to advertise for funding proposals for the City's FY 1984-85 CDBG Program Year. 17. Resolution Approving Agreement Extending a Lease on the Rockwell Ranch omatic Extension. The Cities of Fort Collins and Greeley own lands known as the Rockwell Ranch. Together the Cities own four 160-acre parcels. Fort Collins owns two additional 160-acre parcels. These lands are held in trust and are managed by Charles Bishopp, Trustee. For the past twelve years, Jesse C. Greer and Virlon G. Parker have leased the lands for ranching purposes. As part of the original agreement, they maintain in good condition the fences around the property. Since the property is surrounded by U.S. Forest Service land, they work closely,with Forest Service personnel. They desire to extend the lease for another year with an automatic extension for two additional years. The terms of the lease are to be substantially the same as the ori- ginal 1972 lease except the Lessee has agreed to increase the annual payment to the two Cities from $1220 to $1500 per year. -427 May 15, 1984 18. Resolution Urging the State of Colorado to Provide an Emergency Funding Request for Gas and Oil _Consulting Services. The Larimer-Weld Regional Council of Governments is assisting its members in their attempt to receive emergency funds through a State grant. The purpose of the grant is to determine how to protect adequately the health, safety and welfare of citizens with regard to gas and oil development in the region. Adoption of this resolution will support the LWRCOG in this effort. 1 19. Resolution Supporting an Extension of the Conservation and Renewable Energy Tax Credits. The Community Held Options for Intelligent Choices in Energy (CHOICE) Advisory Committee was interested in exploring the issue of the elimination of the conservation and renewable energy tax credits, and directed Light and Power staff to prepare some background material. A report on the entire tax question was prepared by Doug Swartz of the L & P staff. After reviewing the report, the CHOICE Committee felt that the City Council should formulate a position on the subject of the fate of the tax credits before it was too late. Even though this request is not technically a part of the Committee's charge, the results of the elimination of the tax credits could detrimentally affect the energy future of Fort Collins. Members of the Committee voted unanimously to request that the City Council adopt the resolution to support the extension of the tax credits. 20. Resolution Authorizing the City Manager to Enter into an Agreement with the Larimer-Weld Regional Council of Governments for.the City s Continued Participation in the U.S. Geological Survey Cooperative Poudre River Monitoring Program. The primary purpose of this long term program is to provide the City with river flow and quality information for present and future opera- tions and planning needs. The program costs are shared 50/50% between the USGS and the City with the LWRCOG acting as our agent. The City's portion for this contract is $36,193.72 and 1984 funds are budgeted. The goal of our efforts in this program is to provide necessary baseline information for cost-effective water quality and quantity management. Through this contract, the USGS provides necessary flow and quality data at eight sites on the Poudre from near Cameron Pass through Fort Collins to just above Timnath. In addition, water quality is monitored in Horsetooth Reservoir. -428- May 15, 1984 21. Acceptance of Certification of the Results of the May 1, 1984 Special Flprtinn_ The abstract of the votes cast at the May 1 Special Election, gives the breakdown of votes cast in each precinct. This is the official certification of the election results from the Election Board. The following is a brief summary of the ballots cast for and against each issue on the ballot: 1 Referred Ordinance (Allen -Lind -Moore Annexation For the Ordinance 11,829 Against the Ordinance 9,883 Proposed Ordinance No. 29 (Sales Tax for Ice Rink) For the Ordinance 12,284 Against the Ordinance 9,516 Proposed Ordinance No. 30 (Sales Tax for Capital Improvements For the Ordinance 12,259 Against the Ordinance 9,483 Citizen Initiated Resolution (Nuclear Freeze For the Resolution 10,512 Against the Resolution 10,805 22. Routine Deeds and Easements a Easement from the City of Fort Collins to the developer of Rain - tree P.U.D. The approval of Raintree P.U.D. carried with it a requirement for a sewer connection across property now occupied by Moore Park. The City is granting an easement across Moore Park for the i-nstallation of this line. Ownership and maintenance of the sewer line will become the City's after the line is installed by the developer and accepted by the City. b. Deed of Easement from Dorothy A. Whisler, which is' the third of five easements needed for Phase B of the Northwest Sewer Trunk - line. Phase B extends from College Avenue to Wastewater Treatment Plant H1. Design and construction are scheduled for winter/spring of 1984/85. The consideration for this easement is $1,800 (based on $10,000/acre). -429- May 15, 1984 c. Deed of Easement from Lano a Corporation (United Building Cen- ters Harmony Road, where it crosses the Burlington Northern Railroad tracks, is presently a two-lane road (one lane in each direction). The crossing is protected by stop signs, which creates a safety problem when the signs are ignored. A safety problem also exists for bicycles and pedestrians because of the narrow street width and the roughness of the crossing. This project will replace the stop signs with crossing lights and gates, widen the roadway to provide four travel lanes, curb and gutter, drainage improvements and off street bike/pedestrian paths. This easement is one of two needed on the north side of Harmony for this projebt. Funding was approved on September 6, 1983. The consideration for this easement from Lanoga Corporation is $10. d. Deed of Easement from Joshua K. Richardson, located on the south side of Prospect east of S ields. The Landmark Special Improve- ment District #80 was authorized by,Council on October 4, 1983. At that time, four areas of City participation were discussed: 1) street oversizing; 2) transition on Prospect Street; 3) intersec- tion drainage improvements at Prospect/Shields; and, 4) storm drainage improvements (Canal Importation Basin). Ordinances on Second Reading were read by title by Wanda Krajicek, City Clerk. Item #5. Second Reading of Ordinance No. 55, 1984, Appropriating Unantici- pated Revenue in -the Capital Projects Fund. Item #6. Second Reading of Ordinance No. 56, 1984, Designating 330 East Laurel Street as a Historic Landmark. Ordinances on First Reading were read by title by Wanda Krajicek, City Clerk. Item #7. Hearing and First Reading of Ordinance No. 58, 1984, Annexin Approximately 42.5 acres of Property Located East of South Lemay Avenue and North of County Road ;Z, Known as Emerson Acres Annexation. Item #8. Hearing and First Reading of Ordinance No. 59, 1984, Zoning Approximately 42.5 Acres of Property Located East of South Lemay Avenue and north of County Road 32 Known as the Emerson Acres Annexation Zoning to the R-L-P, Low Density Planned Residentia District. Item #9. Hearing and First Reading of Ordinance No. 60, 1984, Annexing Approximately 6.592 Acres of Property Located on the East Side of -430- May 15, 1984 South College Avenue, South of Harmony Road and North of Fossil Creek Meadows Subdivision, Known as the Fossil Creek First Item #10. Hearing and First Reading of Ordinance No. 61, 1984, Zoning Approximately 6.592 Acres of Property Located on the East Side of College Avenue, South of Harmony Road and North of Fossil Creek Meadows Subdivision, Known as the Fossil Creek First Annexation, to the B-L, Limited Business District. Item #11. Hearing and First Reading of Ordinance No. 62, 1984, A ro ri- ating 18,500 from Prior Year Reserves in the Capital Projects Fund for the Mulberry/Shields Intersection Project. Item #13. Hearing and First Reading of Ordinance No. 63, 1984, Providing for the Im osition of an Additional Twenty -Five Hundredths Percent .25% Retail Sales and Use Tax to be Effective July 1. Item #14. Hearing and First Reading of Ordinance No. 64, 1984, Repealin Paragraphs H and 0 of Section 112-126 of the Code of the City Relating to Requirements for Furnishing Utility Service Outside the City Limits. Councilmember Rutstein made a motion, seconded by Councilmember Elliott, to adopt and approve all items not removed from the Consent Calendar. Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. Resolution Urging the State of Colorado to Provide an Emergency Funding Request for Gas and Oil Consulting Services, Adopted Following is the staff's memorandum on this item: "The Larimer-Weld Regional Council of Governments is assisting its members in their attempt to receive emergency funds through a State grant. The purpose of the grant is to determine how to protect adequately the health, safety and welfare of citizens with regard to gas and oil development in the region. Adoption of this resolution will support the LWRCOG in this effort." -431- May 15, 1984 Councilmember Rutstein made a motion, seconded by Councilmember Ohlson, to adopt Resolution 84-79. Norman Munn, P.O. Box 1040, Fort Collins, stated he did not feel this was the time to ask the State for grant money. He stated safety concerns should be investigated further. He noted he felt some of the blame for placing citizens in hazardous situations might rest with the cities and counties who allowed development where it should not have been. He sug- gested cities and counties should determine the ownership of mineral rights throughout their jurisdictions. The vote on Councilmember Rutstein's motion to adopt Resolution 84-79 was as follows: Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. City Manager's Report City Manager Arnold reported on a recent memo by Director of Planning & Development Curt Smith relating to growth in the community. He then reported on the tree transformation taking place in front of New City Hall. Linda Hopkins, Assistant to the City Manager, reported on the Council retreat held May 11-12 and described the Citizen Participation improvement methods that had been discussed. Deputy City Manager Rich Shannon discussed the long range issues to be addressed by the City and reviewed the list of current issues or problems that Council had discussed at the retreat. He noted staff had been given direction on many items that will need action in the next 3-6 months. Councilmembers' Reports Councilmember Elliott noted the next meeting of the Poudre Fire Authority would be on Monday, May 21 rather than their usual Tuesday meeting date. He added the meetings will be held on Monday permanently. Councilmember Ohlson commented favorably on the recent Council retreat. Councilmember Stoner noted he had received complaints about heavy dust on Lemay Avenue between Horsetooth and Harmony Road. He asked if there was an intermediate solution to the problem. -432- May 15, 1984 City Manager Arnold responded that a dust control solution of calcium chloride had been applied in the area. He stated not much else could be done until the project scheduled for the area was completed. He added debt financing was being considered as a means to speed up this project and several other high priority items. Councilmember Knezovich noted he too found the retreat invaluable. He spoke of the possibility of evening work sessions and of televising the work sessions as a means of increasing citizen involvement. x Mayor Horak noted he would be in Washington, D.C. on Thursday to testify before the subcommittee on public lands on Congressman Brown's wild and scenic bill. Items Relating to Cunningham Corners Special Improvement District No. 82 Following is the staff's memorandum on this item: "A. Resolution Accepting a petition of property owners regarding the initiation of a Special Improvement District. B. Resolution accepting the report of the costs, assessments, and plans for the Cunningham Corners Special Improvement District No. 82. C. Hearing and First Reading of Ordinance No. 65, 1984, Relating to the Creation and Organization of Special Improvement District No. 82. GENERAL SUMMARY OF IMPROVEMENTS The purpose of this Special Improvement District is to construct street pavement, street lighting, water, sanitary sewer, and storm drainage facilities in and adjacent to Cunningham Corners P.U.D. and the proposed Williamsburg P.U.D. in the southwest area of Fort Collins. These improve- ments will include construction of portions of Horsetooth Road and Shields Street adjacent to the two developments. Some internal roads and utility lines will also be constructed as a part of the district. SUMMARY OF COSTS The estimated construction and engineering costs of the improvements to the District participants and to the City are shown below. These costs do not include Administrative, Legal, or Collection and Certification costs. These costs will be determined at the time the bond ordinance is brought to -433- May 15, 1984 the City Council in the near future. At that time a summary of the total costs of the district will be made. The additional costs mentioned above - normally add an additional 5% to 10% to the construction cost. The purpose of creating the district at this time is to allow the district participants to proceed with the construction during the present season. They have agreed to bear any and all costs of the construction even if the bonds would not be sold or if the costs exceed the estimates presented herein. CONSTRUCTION AND ENGINEERING COST District Construction and Engineering Cost $753,916.20 (including 10% contingency): City Cost for Street Oversizing $234,771.90 (includes $25,194 in credits against future building permits) Total Construction and Engineering Cost $988,688.10 STREET OVERSIZING FEE As shown above, the total street oversizing fee that would be required for this project would be $234,771.90. Of this amount, the district proposes to defer a part of this cost by financing through the district an amount equal to the estimated street oversizing fee generated by the projects ($25,194) from future building permits. The Street Oversizing Fee would then be waived for those permits at the time they are taken out. This would reduce the City's direct payments from the Street Oversizing Fund to $209,577.90. Staff believes the Oversizing Fund has sufficient re- sources to make this direct payment. This provision has been used on other districts and staff will include the provision in the district master agreement. STAFF RECOMMENDATION This district is consistent with the City's street master plan. The concepts are consistent with previous districts. Staff recommends approval of the Resolutions and Ordinance creating the district. The bond ordinance will be forthcoming in a few weeks." City Engineer Tom Hays briefed Council on the project and noted a second district improving Horsetooth Road would be formed soon. He stated the purpose of seeking approval for the district at this time is so the devel- opers can begin construction work with their own funds while the bond ordinance is being prepared. -434- May 15, 1984 Lucia Liley, attorney representing the developers and Ronald Lustig of Metcalf, Ltd., addressed the issue of the "outlot" owned by the Webster family. Mr. Lustig noted there was no intent to use the parcel to extend Richmond Drive until the Webster family would decide to sell it. He noted the Websters had attended all the Planning & Zoning meetings and had expressed no objections to the planning that had taken place. Councilmember Knezovich asked about the traffic signalization for the corner of Horsetooth and Shields. City Manager Arnold noted the Cohnty had been willing to allow the City to install signals at the City's expense. Councilmember Clarke made a motion, seconded by Councilmember Ohlson, to adopt Resolution 84-82. Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. City Attorney Huisjen noted there was an amendment to be made to Resolution 84-83 and to Ordinance No. 65, 1984. He stated the phrase "which assess- ment roll shall include additional assessments to cover the costs of legal and advertising interest during construction and until assessments are made by ordinance against the properties benefitted, and other incidental costs to the District", should be added to the last paragraph of page 2 of both the Resolution and Ordinance after the phrase "land to be assessed." Councilmember Elliott made a motion, seconded by Councilmember Stoner, to adopt Resolution 84-83 with the amendment as described by City Attorney Huisjen. Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. Councilmember Ohlson made a motion, seconded by Councilmember Elliott, to adopt Ordinance No. 65, 1984 on First Reading with the amendment as de- scribed by City Attorney Huisjen. Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. Citizen Participation Proclamation Naming May 19 as ARA Living Centers 1984 Tri-County Jr/Sr Games Day was accepted by Jeff Grimm, the administrator of Four Seasons . Nursing Home. -435- May 15, 1984 b. Proclamation Naming May 20-26 as Shatter Silence Week was accepted by Sylvia Mucklow, President of Quota Club of Fort Collins. c. Proclamation Naming May 20-26 as World Trade Week in Fort Collins will be forwarded to the Chamber of Commerce. d. Presentation of Plaque to Kiefer Concrete for Gift Catalog Donation. Ed Kiefer accepted the plaque honoring Kiefer Concrete for their gift catalog donation of $1,860 towards a concrete path at City Park Nine. e. Proclamation Naming Month of June as Recreation and Parks Month and June 3 - 9 as Life. Be In It. Week was accepted by Parks and Recre- ation Board Chairman Chuck Solano and Jerry Brown, Assistant to the Director of Parks and Recreation. Ken Levine, 522 Irish, appeared to ask Council to reconsider the withdrawal of the CDBG Housing Rehabilitation Grant he had been awarded. He spoke of the assets he had in a trust fund his grandmother left him and stated he did not feel those assets should cause him to lose the grant. Council consensus was to allow City Manager Arnold to attempt to work out a solution to the problem. If that fails, the issue will be scheduled for consideration at the June 5 regular meeting. Tom Kalert, 1122 West Mountain, of the Parkway Preservation Society, read a prepared statement asking Council to declare the contract with the Railway Society in default and to declare that West Mountain is not an acceptable route. Chip Grant, 1204 West Oak, appeared to ask Council to proclaim July 14th as Human Unity Day. Acceptance of Certification of Referendum Petition Relating to Ordinance No. 23, 1984, Regarding Smoking in Public Places Following is the staff's memorandum on this item: "The Election Board has certified a sufficient number of signatures on a referendum petition received on April 30, 1984, to determine the petition to be valid. Under the City Charter, at least 974 signatures of qualified electors (10% of the number of ballots cast at the last general city election in 1983) is required to place a referendum before Council for action. -436- May 15, 1984 Council has the following options: • Repeal Ordinance No. 23, 1984. • Place the referendum on a special City election called by the City Council. • Place the referendum on the general City election scheduled for March 5, 1985. If Council decides to call a special election, the City's issue could be placed on the November 6, 1984 General Election ballot, with the permission of the County Clerk and Recorder. The County Clerk has indicated that the City's proportionate share of the cost for this election would be less than $500. A special election called for another time would cost approximately $20,000." City Attorney Huisjen explained the options allowed under the City Charter. Councilmember Knezovich made a motion, seconded by Councilmember Elliott, to accept the certification of the referendum petition relating to Ordi- nance No. 23, 1984. Yeas: Councilmembers Clarke, Elliott, Horak, Knezo- vich, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. Councilmember Knezovich made a motion, seconded by Councilmember Stoner, to repeal Ordinance No. 23, 1984. The following persons spoke on this issue: 1. Barbara Allison, 1212 Lynnwood Drive, circulator of the referendum petition, asked Council to repeal the Ordinance rather than schedule a special election. 2. Phyllis Mattingly, 503 S. Grant, expressed strong support for the Ordinance. 3. Jane Tester, 4980 Hogan Drive, voiced support for the Ordinance. 4. Winifred Murdy, 1912 Orchard Place, expressed support for the Ordinance and presented information pertaining to cancer and the use of tobacco. 5. Robert Cluster, 3025 Marina Lane, asked Council not to repeal the Ordinance and noted breathing clean air was a more basic right than one's right to smoke. -437- May 15, 1984 6. Barbara Yoder, 617 Cornell, representing the Northern Colorado Chapter of Emphysema Anonymous, urged Council not to repeal the . Ordinance. 7. Shirley Lindquist, Regional Director for the Northern Region of the American Lung Association, made a statement in support of the Ordinance on behalf of the Colorado Trudeau Society, an organiza- tion made up of physicians primarily concerned with lung disease and controlling lung disease. 8. Ron Wagstaff, 1312 South Bryan, Village Inn Pancake House, spoke in opposition to the Ordinance and cited the hardships it would cause in his business. 9. Bob Bisetti, 607 Strachan Drive, Bisetti's Italian Restaurant, opposed the Ordinance noting he felt it violated his constitu- tional rights. He outlined problems with the Ordinance that he felt were unique to the restaurant business. 10. Brian Star, CSU student, spoke in support of the Ordinance and noted he felt one of the basic constitutional rights was for a person to be able to lead their life under optimal health condi- tions. 11. Sharon Pennymaker, 1648 East Pitkin, representing CHOICE, voiced opposition to the Ordinance and expressed concern about the freedom individual businessmen have in operating their businesses. She urged repeal of the Ordinance and asked Council to draft• another option if it is deemed necessary. 12. Steve Noland, 1913 Cheshire Street, representing a group of parents of asthmatic children, asked Council not to repeal the Ordinance. 13. Leland Skrdlant, 1417 Skyline Drive, former X-Ray technician and small restaurant owner, spoke to the hardships the Ordinance would cause his business. He cited the costs of extra ventilation equipment. 14. Frederick Tiffany, 135 North Shields, opposed the Ordinance and asked for its repeal. He noted there has been no demonstrated or scientific need for such an Ordinance. He suggested more research on the issue. 15. Bill Benton, 2401 Evergreen Drive, asked for the repeal of the Ordinance and the drafting of a much stronger one in its place. He suggested the City place a heavy tax on cigarettes and tobacco products. He felt the Ordinance discriminated against restaurants. -438- May 15, 1984 16. Paul Foppe, 622 Whedbee, spoke in opposition to the Ordinance and asked if other allergy causing agents should be banned from the city such as flowering plants, automobiles, coal burning indus- tries, colognes, perfumes, etc. 17. Kent Geib, 4425 Hollyhock Street, spoke of his own allergies and suggested more emphasis should be placed on ventilation systems. 18. Donald Brokhausen, 2400 Evergreen Drive, asked that the Ordinance be repealed and rewritten so it is acceptable to both sides of the issue and then submitted to a vote. Councilmember Ohlson noted he was not in favor of repealing the Ordinance and recommended the matter be placed on the November 6 General Election ballot. Councilmember Clarke noted he did not favor repealing the Ordinance and spoke to the need for the Ordinance. He noted he had had more positive input into this Ordinance than any other ordinance this Council has con- sidered. Councilmember Elliott also opposed repealing the Ordinance and noted the Ordinance was not heavy handed and would not impact businesses in a nega- tive way. Councilmember Knezovich spoke on the "voluntary compliance" aspect of the Ordinance, the health issue and urged a vote be scheduled as soon as possible at the least cost. Councilmember Rutstein noted she felt the Ordinance was an indoor clean air act and spoke of the recent measures enacted to ensure clean outdoor air. She spoke of compliance and enforcement in other states and noted she was in favor of placing the matter on the November 6 ballot. Mayor Horak stated he looked at the Ordinance as an attempt to balance the rights of smokers and non-smokers: He stated the question that would go to the voters was whether this Ordinance was the proper balance. He felt an election was needed to settle the question. The vote on Councilmember Knezovich's motion to repeal Ordinance No. 23, 1984, was as follows: Yeas: None. Nays: Councilmembers Clarke, Elliott, Horak, Knezovich, Ohlson, Rutstein, and Stoner. THE MOTION FAILED. Councilmember Rutstein made a motion, seconded by Counci'lmember Knezovich, to direct staff to begin measures to call a special election to be held in -439- May 15, 1984 conjunction with the November 6, 1984 General Election ballot and to place Ordinance No. 23, 1984, relating to smoking in public places, on that ballot. 1. Ron Meyer, 2912 Eindborough, had questions relating to the date of the election and suggested the ordinance be placed on the March, 1985, General Municipal Election ballot. 2. Barbara Allison, 1212 Lynnwood Drive, noted she also preferred the March, 1985 ballot. 1 Councilmember Knezovich noted he preferred the November 6 date because of the financial considerations and the possibility of a good voter turn out. Councilmember Rutstein noted her reasons were basically the same as Coun- cilmember Knezovich's and added she felt it was important to resolve the issue as soon as possible. Mayor Horak noted he too would like to see a good voter turn out and felt the November turn to would be higher than the March turn out. The vote on Councilmember Rutstein's motion to direct staff to begin measures to place the issue on the November 6, 1984 ballot was as follows: Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. Other Business Resolution Authorizing the City Manager to Enter into An Agreement for the Purchase of Real Property from Joseph C. Roesser, Jr., Adopted City Attorney Huisjen described the Resolution he had drafted that would approve the terms -of an agreement for purchase of real property from Joseph Roesser. He spoke of the previous negotiations with Mr. Roesser and noted the property was east of the ridge line. He noted there was 23+ acres in the property and that Mr. Roesser was willing to sell for $100,000. He noted Mr. Roesser had executed a contract in which he agrees to convey the property to the City once the County planning process is completed no later than July 31, 1984. Bruce Lockhart, 615 Mathews, questioned the per acre price of the land and the use of lottery monies for the purchase. -440- May 15, 1984 Councilmember Clarke made a motion, seconded by Councilmember Ohlson, to adopt Resolution 84-84. Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. Adjournment Councilmember Elliott made a mqtion, seconded by Councilmember Rutstein, to adjourn the meeting. Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None. The meeting adjourned at 10:50 p.m. Mayor ATTEST: 11� .. City Clerk -441-