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HomeMy WebLinkAboutMINUTES-03/01/1983-Regular1 March 1, 1983 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, March 1, 1983, 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, Miller, and Wilmarth. Absent: Mayor Cassell. Staff Members Present: Arnold, Krajicek, Huisjen, Lewis, Meitl. Agenda Review: City Manager City Manager Arnold noted there would be two items of Other Business. No items were withdrawn from the Consent Calendar. Consent Calendar This Calendar is intended to allow the City Council to spend its time and energy on the important items on a lengthy agenda. Staff recommends approval of the Consent Calendar. Anyone may request an item on this calendar be "pulled" off the Consent Calendar and considered separately. Agenda items pulled from the Consent Calendar will be considered separately under Agenda Item #21, 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. Consi3.der Approving the Minutes of the regular meeting of February 15, 198 5. Second Reading of Ordinance No. 19, 1983, Appropriating $52,500 in the arimer County Library ervices Fun or arimer ounty Bookmobile. Ordinance No. 19, 1983, which was unanimously adopted on First Reading ' on February 15, appropriates the Larimer County funding for the bookmobile services totalling $52,500 in the Larimer County Library Services Fund. (County funding for general library services and 1 March 1, 1983 projected revenue from the Library Borrowers Fee have already been appropriated in the General Fund as part of the 1983 Annual Appro- priations Ordinance.) 6. Second Reading of Ordinance No. creating and organizing Spec and Landings Drive. 7 go 20, 1983, Amending Ordinance 103, 1982 al Improvement District #77, Boardwalk On September 21, 1982, the Council of the City of Fort Collins adopted Ordinance 103, 1982, which created Special Improvement District #77, Boardwalk and Landings Drive. Due to the complexity of the district agreement and the engineering report, certain costs within the dis- trict were not carried forward from the engineering report to the ordinance creating the district. The purpose of this ordinance, which was unanimously adopted on First Reading on February 15, is to correct the cost so that the construction as outlined within the engineering report will have sufficient funds to complete the project. Hearing and First Readinq of Ordinance No. 21, 1983, Authorizing an , Addendum extending the Bus Bench Contract with Anthony Giacopelli. On September 2, 1980, the City entered into a contract with Anthony Giacopelli for the provision of bus bench waiting areas for the City's public transit system, Transfort. On January 20, 1983, the City initiated an expanded Transfort system which deploys 9 buses during peak hours (instead of 4) over a new grid route system which projects the service into additional areas of the City. In order to serve the new system effectively, the Contractor proposes to relocate some existing benches and place additional benches. He also proposes to provide landscaping at certain bus stops. The remaining term of the existing contract is not appropriate to justify the additional investment in the bus bench system and the Contractor has asked for an extension. Hearing and First Reading of Ordinance No. 22, 1983, Amending Ordi- nance No. 161, 1982 and Ordinance No. 162, 1982 Regarding the Mobile Premix Prospect Road Annexation and Zoninq. The purpose of this Ordinance is to amend the legal description of the Mobile Premix Prospect Road annexation and zoning, adopted by Ordi- nance No. 161, 1982 and Ordinance No. 162, 1982 on January 4, 1983. The original legal description provided by the surveyor/preparer of ' the annexation plat incorrectly included parcels owned by Thomas H. -97- 1 March 1, 1983 Bath and Jacki Chismar who do not wish that any of their properties be annexed. It was not the intent of the petitioner that these proper- ties be included in the annexation. The annexation occurred simply as a result of the error of the petitioner's surveyor. Hearing and First Reading of Ordinance No. 23, 1983, Transferring emen On February 15, 1983 Council passed on First Reading Ordinance 20, 1983 amending the total improvement cost within the creation ordinance for Special Improvement District #77, Boardwalk and Landings Drive to agree with the Engineer's Report. Based on Ordinance 20, 1983 the total allowable project budget is now $900,400 or a net increase of $44,400 more than is presently, appropriated. This ordinance appro- priates the additional funds into the project budget so that the appropriation and the budget are the same. 10. Resolution Authorizing the City Manager to Amend and Extend Repay Agreements. ' Sid Brooks and Associates have an agreement with the City for repay- ment of a portion of the cost of installation of an 8,12, and 16 inch water main they installed. This agreement was dated March 20, 1973 and applies to the water main extended to serve Harmony Village Mobile Home Park. Approximately one third of the repay has been collected and refunded to Sid Brooks and Associates. The agreement will expire March 20, 1983 unless extended. Sid Brooks and Associates also have an agreement with the City for repayment of a portion of the cost of installation of a 21 and 24 inch sanitary sewer main they installed. This agreement was also dated March 20, 1973 and applies to the sewer main extended to serve Harmony Village Mobile Home Park. Approximately six percent of the repay has been collected and refunded to Sid Brooks and Associates. The agree- ment will expire March 20, 1983 unless extended. Amending both agreements is necessary because of changes in ownership along these mains and for administrative purposes. This Resolution would amend the two agreements and extend them for a period of time not to exceed ten years. 11. Routine Powerline Easement. The City has received a routine powerline easement from Leonard and Betty J. I Wilson, located at the rear of the property at 125 West March 1, 1983 Mountain. This easement is needed to underground the existing over- head electric system in the downtown area and also to convert the voltage of the system from 4.1 kV to 13.8 U . Legal staff and the Light and Power Department have reviewed and approved the easement. Consideration paid for this easement is $1. Ordinances on Second Reading were read by title by Wanda Krajicek, City Clerk. Item #5. Second Reading of Ordinance No. 19, 1983, Appropriating $52,500 in the Larimer County Library Services Fund for Larimer County Bookmobile. Item #6. Second Reading of Ordinance No. 20, 1983, Amending Ordinance 103, 1982 creating and organizing Special Improvement District #77, I Boardwalk and Landings Drive. Ordinances on First Reading were read by title by Wanda Krajicek, City Clerk. Item #7. Hearing and First Reading of Ordinance No. 21, 1983, Authorizing an Addendum extending the Bus Bench Contract with Anthony Giaco- pelli. Item #8. Hearing and First Reading .of Ordinance No. 22, 1983, Amending Ordinance No. 161, 1982 and Ordinance No. 162, 1982 Regarding the Mobile Premix Prospect Road Annexation and Zoning. Item #9. Hearing and First Reading of Ordinance No. 23, 1983, Transferring $44,400 from Improvement District #75 to Special Improvement District #77. Councilmember Elliott made a motion, seconded by Councilmember Miller, to adopt and approve all items not removed from the Consent Calendar. Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Miller, and Wilmarth. Nays: None. THE MOTION CARRIED. March 1, 1983 Ordinance Authorizing the City Manager to Enter into an Agreement for the Lease/Purchase of Vehicles and Equipment, Adopted as Amended Following is the staff's memorandum on this item: "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/purchasing financing proposals from approximately 16 firms. The bids will be opened at 11:00 a.m. on Tuesday, March 1 and the blanks in the Ordinance will be filled in at the Council meeting after an evaluation of the interest rates submitted by the firms. The best interest rate will be obtained if the bids are opened on the same day Council approval is given. Money for the 1983 lease/purchase payments was budgeted when the 1983 Budget was adopted in October, 1982. The City proposes in the Ordinance to lease/purchase: Quantity Item 19 Police Patrol cars 1 42" Industrial Sweeper 15 Gas -powered golf carts 1 Minolta 320 copy machine 1 Rogers turf sweeper 1 Olathe turf sweeper 1 3-Wheel utility vehicle 1 1/2 Ton Pickup 1 Tow -behind paver 1 3/4 Ton Cab/Chassis 1 Utility body for 3/4 T. Cab/Chassis 1 Passenger Van 25 Police light bars 15 Unitrol control panels 25 Motorola syntors(8 channel) 25 Motorola chargers 1 Motorola 4 channel mitrek w/outside speaker Grand Total -100- Total Cost $190,000 15,500 35,500 3,500 4,900 5,900 6,200 $261,500 7,500 15,000 9,000 3,000 10,500 $ 45,000 11,250 7,525 32,625 3,300 Life 4 4 4 4 4 4 4 5 5 5 5 5 I 1,300 6 6,0 0 $362,500 " 11 March 1, 1983 Purchasing Agent Jim O'Neill stated bids were opened at 11:00 a.m. The most favorable net effective interest rate was submitted by Merit Financial Corporation at 8.744%. He suggested the blanks in the Ordinance should be filled in accordingly. Councilmember Clarke made a motion, seconded by Councilmember Elliott, to adopt Ordinance No. 24, 1983 on First Reading inserting the name Merit Financial Corporation and the interest rate of 8.744% in the appropriate places as indicated by Purchasing Agent O'Neill. City Manager Arnold noted the City had been using lease/purchase as a financing vehicle for about three years and suggested Council might be interested in a report that analyzes the success of the program taking interest rates, effectiveness, and final sale into consideration. He added staff would prepare the report. The vote on Councilmember Clarke's motion to adopt Ordinance No. 24, 1983 on First Reading was as follows: Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Miller, and Wilmarth. Nays: None. I THE MOTION CARRIED. Resolution Creating and Authorizing Appointments to the Fort Collins Environmental Quality Technical Advisory Committee (EQUATAC), Adopted as Amended Following is the staff's memorandum on this item: "On February 8, staff recommended to Council that an Environmental Quality Technical Advisory Committee (EQUATAC) be established in the City of Fort Collins to help the staff and City Council analyze various environmental issues that presently exist or could face the community in the future. It is suggested that rather than having a permanent standing committee with the charge of looking at a broad range of environmental issues, that separate select committees be appointed by the mayor to address issues as they arise. Under this scenario, the present need would be to establish an air quality EQUATAC which would look at the existing state and federal air quality standards and determine if these standards are adequate to maintain and preserve the existing air quality in Fort Collins. This particular issue has come up as a result of Anheuser-Busch's proposal to build a brewery in Fort Collins and the recent concern by various members of ' the community of the potential air quality degradation related to the increasing use of wood stoves and fireplaces. As other environmental -101- March 1, 1983 issues arise, the attached resolution would authorize the Mayor to appoint additional members to EQUATAC with the technical expertise necessary to address that particular issue. With this approach we will be able to appoint an adequate number of technical experts in any particular field necessary to address the key issues facing the community rather than appointing technical experts with broad background in environmental issues and asking that them to comment on issues beyond their expertise. In discussing EQUATAC with City Council, four points became apparent. These are: 1) We don't believe we ought to have an environmental review body that would in some ways duplicate the work of the Planning and Zoning Board, that would extend the review procedures of the Planning and Zoning Board and, therefore, add to paperwork and governmental regulations; so that led us to a non -duplicating technical advisory body on issues of environmental quality, not a review body for specific proposals. 2) We also did not want to have a body that would deal with political issues of public policy that surround development, feeling that the City Council and the Planning and Zoning Board could much better handle those concerns. 3) ' We need to try to find some way to mesh together the environmental concerns with the economic and social concerns and issues. It's important for our continued maintenance of the quality of life that we build all of those kinds of concerns into our City government efforts from now on. 4) The EQUATAC will help us set some kind of base of where the community is now so that we can see how we are doing on a year-to-year basis in terms of environmental quality. It is suggested the Mayor appoint members of EQUATAC rather than going through the normal advertising and council interview and appointment pro- cess used for members of boards and commissions. This method is suggested since members of EQUATAC will need to have specific areas of expertise and such members may have to be recruited to serve on this committee. Announcement of the formation of EQUATAC on any particular environmental issue will enable those interested in servng on such a committee to volun- teer their time. If, from those volunteering, an adequate committee can be formed, the mayor would be able to do so. On the other hand if additional members were necessary, recruitment efforts would be pursued. Also giving the mayor the authority to appoint members to EQUATAC is a more timely process. In certain areas it may be necessary to gear up the committee very quickly to address a particular issue. This is apparent with the air quality issue since Anheuser-Busch has submitted their air quality permit application with the initial 60-day review process beginning on March 1. As suggested above the charge to EQUATAC would be to analyze a particular environmental I concern facing the community and bring forth a recommendation -102- March 1, 1983 ' to City Council as to how the community should address this concern. At the present time the issue facing the community is preservation of our air quality. The charge to the air quality EQUATAC would be to analyze State and federal air quality standards and determine if these standards are adequate to preserve Fort Collins' air quality. In looking at the stan- dards, a review of how the standards are applied to the Anheuser-Busch proposal would be pursued. The air quality EQUATAC will be asked to make recommendations to City Council as to whether the City should adopt air quality standards more stringent than those presently adopted by the State of Colorado and the federal government. The air quality EQUATAC could also make specific recommendations on how the City should handle the Anheuser- Busch air quality permit at the local, State, and federal levels. Recommendation Staff recommends adoption of the resolution forming EQUATAC and authorizing the Mayor to appoint members of this committee." Councilmember Elliott made a motion, seconded by Councilmember Clarke, to adopt the Resolution. Councilmember Horak noted he would prefer to have this committee appointed I by Council rather than the Mayor so they would be appointed at a public meeting after public discussion. Councilmember Horak made a motion, seconded by Councilmember Wilmarth, to amend the Resolution by substituting the word "Council" for the word "Mayor" wherever it appears. City Manager Arnold commented the Resolution was drafted in its present form since it was felt the Mayor could act faster and secondly, the commit- tee is more technical than political and it is important the persons appointed have strong technical backgrounds. Councilmember Wilmarth felt Council could act quickly if need be and agreed Council should make the selections. The vote on Councilmember Horak's motion to amend the Resolution was as follows: Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Miller, and Wilmarth. Nays: None. THE MOTION CARRIED. The vote on Councilmember Elliott's motion to adopt the Resolution as amended by Councilmember Horak was as follows: Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Miller, and Wilmarth. Nays: None. I THE MOTION CARRIED. -103- March 1, 1983 Resolution Authorizing the City Manager to Trade for a Parcel of Land of Approximately Equal Size and Value Owned by Joseph C. Roesser, Adopted as Amended Following is the staff's memorandum on this item: "Mr. Roesser presently owns a parcel of land approximately 21 acres in size abutting the Pine Ridge Open Space Property. This parcel of ground is on the east side of the first ridge line overlooking the City. For some time now Mr. Roesser has been attempting to develop this property and adjacent property he owns on the west side of the same ridge line. His subdivision proposal which would have allowed construction of three to four houses on the east side of the ridge line overlooking the City was recommended for denial by the City Planning and Zoning Board and subsequently denied by Larimer County; however, under the existing situation without any further development review other than that associated with issuance of a building: permit, Mr. Roesser would be allowed to construct one and possibly two houses on the east side of the ridge line. ' The City has a long-standing policy, as evidenced by acquisition of the Pine Ridge property, to attempt to preserve the views of the foothills and preclude development of any housing on the foothills which would be visible from the City. When the City purchased the Pine Ridge Open Space property, a parcel of land of approximately 20 acres in size was included on the west side of the ridge line directly south of Mr. Roesser's prop- erty. After discussions with Mr. Roesser and Larimer County staff con- cerning potential development of Mr. Roesser's property, Mr. Roesser submitted a proposal to swap the land he owns on the east side of the ridge line to the City for land that we own on the west side of the ridge line, setting the ridge line as the property boundary. If this land swap is initiated Mr. Roesser would be able to pursue development of the property on the west side of the ridge line while the City would assure, through direct ownership, that no development would be allowed on the east side of the ridge. A simple transfer of deeds and title is suggested by Mr. Roesser without any further exchange of monies. No appraisals have been done on the two parcels of land because appraised value of either parcel would not and could not reflect the value associated with preserving the view of the foothills from the City. For example, if the properties were appraised for their open space value including the value associated with preserving the view of the foothills, the parcel of land owned by Mr. Roesser would be more valuable than the parcel owned by ' the City. On the other hand, were the parcels to be appraised for their development value the City's parcel is probably more valuable than Mr. Roesser's. Since the City is in the open space business, so to speak, and -104- March 1, 1983 Mr. Roesser is in the development business, either appraisal approach would not reflect real or perceived value of the property by the two parties. This situation and the fact that no money is proposed to change hands with this exchange, the two parcels are of approximate equal size, and the parcels are in the same location further supports considering this action without going through an appraisal process. Recommendation Staff recommends adoption of the resolution and authorization for the City Manager to make the necessary arrangements to initiate the land trade with the understanding that the property line will be established on the ridge line and that adequate access from Centennial Drive to the Pine Ridge Open Space property will be maintained. The Parks and Recreation Board has also reviewed this proposal and recommends approval." Councilmember Elliott made a.motion, seconded by Councilmember Miller, to adopt the Resolution. Director of Planning and Development Curt Smith gave a brief presentation ' showing slides of the location of both properties. He explained the details and rationale for the trade of properties and outlined the three stipulations to be imposed on the trade: 1. The property boundary for the trade be set on the ridge line to be determined by a survey. 2. That access from Centennial Drive to the Pine Ridge open space property be provided. 3. That any development on the property traded to Mr. Roesser be precluded from developing so it is visable from the City. He noted the first two conditions were already included in the Resolution and asked that the Resolution be amended to include the third condition. A deed restriction could be placed on the City property prior to its sale to insure the third condition was met. City Attorney Huisjen noted the details would be worked out in a final exchange agreement that will come back to Council. Councilmember Clarke made a motion, seconded by Councilmember Elliott, to amend the Resolution as described by Mr. Smith. ' -105- March 1, 1983 Joe Roesser, owner and developer of the property, asked how quickly the issue and agreement could be completed. With building season beginning soon, he expressed concerns over any delays contract completion might cause. City Attorney Huisjen noted a Resolution making certain findings would need to be adopted by Council before City property could be transferred or sold. That could be done on March 15. The vote on Councilmember Clarke's motion to amend the Resolution was as follows: Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Miller, and Wilmarth. Nays: None. THE MOTION CARRIED. Councilmember Horak expressed concern about the definition of the terms "ridge line" and "tree line" used by those involved. He felt those terms did not have the same meanings. ' Director of Planning and Development Curt Smith replied it was his intent the term "ridge line" be used in the agreement with Mr. Roesser and that he would clarify that point with Mr. Roesser. The vote on Councilmember Elliott's original motion to adopt the Resolution as amended by Councilmember Clarke was as follows: Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Miller, and Wilmarth. Nays: None. THE MOTION CARRIED. Citizen Participation A. Proclamation Naming March 13-19 as American Association of University lJomen Week was accepted by Shirley Hickman, local President of AAUW. B. Presentation by Fort Collins Parkway Preservation Society. The following persons spoke in opposition to the routing of the trolley on West Mountain Avenue: 1. Mike Lohman, 1230 West Mountain, Fort Collins Parkway Preservation Society, who asked that an alternate route be considered. 2. Marc Teets, 1423 West Mountain, who felt the agreement between the City and the Fort Collins Railway Society was in default. -106- March 1, 1983 ' 3. David Frick, 1300 West Mountain, who spoke of the Mountain Avenue residents' involvement and concerns at the time the agreement was drafted. 4. Bud McMahon, 1319 West Mountain, spoke on alternate locations for the trolley. 5. Gail McMahon, 1319 West Mountain, expressed concerns with safety, traffic control and flow, and tree removal. Mike Lohman summarized the group's concerns, noting they were asking Council to: 1. prevent the removal of any trees, shrubs, or flowers from the Mountain Avenue Parkway by the Railway Society; 2. declare the Railway Society in default of their existing contract; and 3. enter into a new agreement with the Railway Society for an alter- ' nate location for the project. Carl Jorgenson, 1445 Whedbee, former City arborist, spoke about the risks of moving the trees existing on Mountain Avenue and the value of the trees scheduled for removal or relocation. The following persons spoke in response and support of the Mountain Avenue trolley project: 1. Al Dunton, 1400 Ash Drive, representing the Fort Collins Railway Society, who summarized the tree removal and relocation portion of the project. He spoke of the efforts leading to Council approval of the concept and the drafting of the construction agreement. He detailed the P.U.D. process and noted public comment and input had been solicited all through the process. 2. Joan Seegmiller, 731 West Mountai.n, president of the Railway Society, supported the trolley project as an area resident and Society member. At this point Council decided to continue with the rest of the agenda items. Continued discussion was held during the Other Business portion of this meeting. (Secretary's Note: Councilmember Clarke was absent from the meeting between 8:15 p.m. and 9:00 p.m.) -107- J March 1, 1983 Poudre River S Following is Councilmember Horak's memorandum on this item: "On March 3 the Colorado Water Conservation Board will hold a public meeting at 7:00 P.M. in the City Council Chambers and will make a recom- mendation to the State Legislature concerning the Poudre River Study. This recommendation could range from no further study to a detailed study as to the most feasible alternative. Because of the importance of the proposed project to the citizens of Fort Collins, I attended the last Water Board meeting on February 18 and re- quested that the Water Board hold a special meeting on Monday, February 28 to discuss this issue. The Water Board does plan to hold this special meeting, and at that time will discuss the Poudre River Study authored by Tudor Engineering and will make a recommendation to the City Council. I plan to attend that meeting and will discuss their deliberations at the Tuesday night Council meeting. I believe this issue is an important one and the Council on the advice of the Water Board should take some position. To help us understand the issue better I have attached the Draft Summary Report, a list of the six alter- native positions which the Colorado Water Conservation Board could take, and the previous Council recommendation on this subject." Councilmember Horak reported on the Water Board conclusions after their review of the alternatives presented in the summary report. He then proposed a Resolution outlining the recommendation of the Water Board which was that a broader study of the Cache la Poudre basin be conducted by and through the Colorado Water Conservation Board. Bob Sorentino, CoPIRG representative, presented information compiled by CoPIRG on the issue. He introduced Joanne Hilton, CoPIRG Water Issues Coordinator, who addressed Council on her research conclusions. Their findings were that no additional funding should be allocated for feasibil- ity studies of proposed dams in the Poudre Canyon. Miles Brown, owner of a business at 236 Linden, suggested the only way the Poudre River would get wild and scenic designation would be to have no further studies in the area. Such a designation would be beneficial to the economy of Fort Collins because of its status as a tourist attraction. Patrick Sousa, wildlife biologist and Audubon Society president, suggested ' the Resolution be amended to recommend to the Colorado Water Conservation Board that a basin -wide study be done but with the exception that no further investment in studies of storage on the main stem be made. m March 1, 1983 Councilmember Elliott asked if it would be proper to incorporate any of Ms. Hilton's or Mr. Sousa's comments into the Resolution. Councilmember Horak replied that those comments were not part of the Water Board's recommendation. Councilmember Elliott made a motion, seconded by Councilmember Miller, to adopt the Resolution as stated by Councilmember Horak. Councilmember Wilmarth made a motion to amend the Resolution to include Mr. Sousa's recommendation that a basin -wide study be done excepting any further studies of storage on the main stem of the Poudre. THE MOTION DIED FOR LACK OF A SECOND. Councilmember Knezovich made a motion, seconded by Councilmember Wilmarth, to amend the Resolution by deleting the last sentence in the third Whereas clause, "This recommendation resulted primarily from the analysis of large t and expensive projects that appear to not be economically feasible at the present time." John Wigdahl, 1540 Adriel Court of Preserve our Poudre, suggested the City ask the County Commissioners, the Cities of Greeley, Loveland, and Welling- ton, and other groups that will benefit from the study to support this Resolution. The vote on Councilmember Knezovich's amendment was as follows: Yeas: Councilmembers Knezovich and Wilmarth. Nays: Councilmembers Horak, Miller, and Elliott. THE MOTION FAILED. The vote on Councilmember Elliott's motion to adopt the Resolution as stated by Councilmember Horak was as follows: Yeas: Councilmembers Elliott, Horak, Knezovich, Miller, and Wilmarth. THE MOTION CARRIED. Councilmember Horak requested this Resolution be delivered to the staff of the Colorado Water Conservation Board tomorrow morning as they will be formulating the recommendation to be presented to their Board on Thursday afternoon. He added he would be presenting this Resolution at the March 3 t meeting of the Colorado Water Conservation Board. -109- March 1, 1983 Councilmembers' Reports Councilmember Wilmarth reported on his recent tour of the Rawhide facility and encouraged others to take the time to tour the site. He commended City staff for their active and aggressive investment program to maximize the tax dollars collected by the City. Councilmember Horak noted he had received a letter from proponents of the Charter amendment to initiate Resolutions stating they disagree with the answer to the question relating to the cost of a Special Election. He asked if an election held at the same time as the County's General or Primary election was considered a special election. City Attorney Huisien replied it was, considered a Special Election held in conjunction with the General or Primary Election. This has been done one time for the Cabl.e TV question in November of 1978 and at a much lower cost than a normal special election. Councilmember Knezovich reported on the airport ad hoc meeting. It is hoped the Airport Authority will be formed by July 1. (Secretary's Note: Councilmember Clarke returned at this point.) Other Business Trolley Issue Continued Councilmember Wilmarth made a motion, seconded by Councilmember Horak, that the City Council direct the staff to take measures to stop work on the trolley project until the City Attorney can respond to the legal briefs submitted and can address the Council on the issue of the alleged contract default. Secondly, that a work session be held very soon to attempt to resolve the issue between the two groups before court action is taken. Councilmember Clarke asked about the mortality rate when moving the trees in question. City Arborist Tim Buchanan stated the trees were at a critical time to move since they are averaging 8 1/2 inches in caliper. The upper threshold for safe transplant with available equipment is 10 inches. A number of trees are in the category that must be moved this year or it will be too late next year. Councilmember Horak asked about the time period for transplanting trees. -110- March 1, 1983 ' City Arborist Buchanan replied that we were just entering the time to begin transplanting which will continue until mid or late April. The following persons spoke to this issue at this time: 1. Marc Teets, 1423 West Mountain, asked why the City had not re- quired landscape bonds or covenants when the contract was entered into with the Railway Society. He asked that this issue and others should be addressed at a work session. 2. Joan Seegmiller, 731 West Mountain, spoke to the problems of mowing and maintenance of the medians and spaces between the tracks. 3. Joel Lerich, 1418 West Oak, asked Council to consider the impact of additional traffic on Oak, usage of City Park, and the impact of noise pollution on the route. 4. Al Dunton, 1400 Ash Drive, pointed out the question and concerns brought up had all been addressed three years ago. 5. Gail McMahon, 1319 West Mountain, presented petitions containing ' 250 signatures in opposition to the placement of the trolley on Mountain Avenue. 6. Mary Teets, 1423 West Mountain, questioned the time frame for tree removal and the cost of the removal, and asked Council to consider alternate locations. 7. Mike Lohman, 1230 West Mountain, noted times have changed from two years ago and the residents of Mountain Avenue are opposed to this location for the trolley route for a multitude of reasons. Councilmember Horak made a motion, seconded by Councilmember Miller, to amend Councilmember Wilmarth's motion to delete the stop work order on the trolley project, to direct that no trees be moved until April 1, therefore giving Council and the two groups time to discuss the issue and the City Attorney time to review the briefs submitted and finally to direct the three groups (City, Railway Society, and Preservation Society) to enlist the help of a mediator to negotiate and resolve the issue. Yeas: Council - members Clarke, Elliott, Horak, and Miller. Nays: Councilmembers Knezo- vich and Wilmarth. THE MOTION CARRIED. The vote on Councilmember Wilmarth's original motion as amended by Council- memberI Horak was as follows: Yeas: Councilmember Clarke, Elliott, Horak, Miller, and Wilmarth. Nays: Councilmember Knezovich. -111- 1 THE MOTION CARRIED. City Attorney's Report Airport Discussion March 1, 1983 City Attorney Huisjen noted at the recent ad hoc committee meeting, Airwest Aviation made a proposal concerning their continued operation at the Airport. He presented a Resolution authorizing an amendment to the airport lease agreement between the Cities and Airwest Aviation. The amendment would allow Airwest to remain the fixed base operator with some changes to the current lease agreement. Councilmember Clarke asked about Airwest's ability to pay the $300,000 to the City in view of their Chapter 11 bankruptcy proceedings. City Attorney Huisjen noted this agreement required the approval of the bankruptcy court and that Airwest will have to work themselves free of the bankruptcy court in some form. During that time the City will receive monthly payments under the terms of the agreement. If the agreement is rejected by the bankruptcy court and the creditor's committee it would have no further force, and other arrangements with regard to a fixed base opera- tor would have to be made. Councilmember Miller made a motion, seconded by Councilmember Elliott, to adopt Resolution 83-44 as presented by the City Attorney. Yeas: Council - members Clarke, Elliott, Horak, Knezovich, Miller, and Wilmarth. Nays: None. THE MOTION CARRIED. City Manager's Report City Manager Arnold noted the County had requested the City pay $1,000 as a share of the County's hiring of a consultant to look at the entire library system. He added that Library Director Jane Davis had recommended the money come from the Library Equalization Fund since it was a County -wide problem, not just the City of Fort Collins. He requested direction. Councilmember Knezovich felt this was a County problem and the County should deal with it as quickly as possible. Councilmember Clarke noted a committee had been formed with Jerry Johnson as the City's I representative and the request for funds had come from that -112- 1 March 1, 1983 committee. He felt the City should cooperate with the County and pay the $1,000 share. Councilmember Horak made a motion, seconded by Councilmember Clarke, to appropriate the $1,000 as the City's share towards the consultant hired by Larimer County. Councilmember Wilmarth opposed the motion stating he felt the City should give the County some symbol of the City's desire to cooperate. He sug- gested repealing the County library users fee recently adopted. City Manager Arnold clarified that the request was from the Larimer County Library Services Board, not the ad hoc committee and outlined the scope of work to be performed by the consultant. Councilmember Horak suggested the City's Library Board review this issue and make a recommendation to Council. Councilmember Clarke noted the consultant would assist the ad hoc committee ' and again urged the appropriation of the money for the City's share. Councilmember Miller made a motion, seconded by Councilmember Wilmarth, to table action on this item until the City's representative on the ad hoc committee could make a recommendation to Council. Yeas: Councilmembers Miller and Wilmarth. Nays: Councilmembers Clarke, Elliott, Horak, and Knezovich. THE -MOTION FAILED. The vote on Councilmember Horak's motion to appropriate the $1,000 for the consultant was as follows: Yeas: Councilmembers Clarke and Horak. Nays: Councilmembers Elliott, Knezovich, Miller, and Wilmarth. THE MOTION FAILED. City Manager Arnold asked if the letter of response should suggest the consultant be funded out of the Library Equalization Fund. Assistant Mayor Knezovich replied in the affirmative. City Manager Arnold presented a copy of a check for $335,897.75 from Public Service Company for their gas franchise fee. He noted that it was 681% I higher than 10 years ago and 220% higher than five years ago. -113- March 1, 1983 Adjournment Councilmember Wilmarth made a motion, seconded by Councilmember Horak, to adjourn the meeting. Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Miller, and Wilmarth. Nays: None. The meeting adjourned at 10:35 p.m. ATTEST: City Clerk Mayor -114-