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HomeMy WebLinkAboutMINUTES-03/15/1983-RegularMarch 15, 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 15, 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: Cassell, Clarke, Elliott, Horak, Knezovich, Miller, and Wilmarth. Staff Members Present: Arnold, Meitl, Krajicek, Denton, Lewis, Curt Smith, Gianola, Ensdorff. No items were withdrawn from the Consent Calendar.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 #32, 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 regular meeting of March 1, 1983. 5. Second Reading of Ordinance No. 21, 1983, Authorizing an Addendum extending t e Bus BencContract with Anthi iacope i. 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 -115- March 15, 1983 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. This Ordinance was unanimously adopted on First Reading on March 1. 6. Second Reading of Ordinance No. 1982 and Ordinance No. 162, 19 Road Annexation and Zoning. 22, 1983, Amending Ordinance No. 161 Regarding the Mobile Premix Prospec The purpose of this Ordinance which was unanimously adopted on First Reading on March 1 is to amend the legal description of the Mobile Premix Prospect Road annexation and zoning, adopted by Ordinance 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. 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. 7. Second Reading of Ordinance No. 24, 1983, Authorizing the City Manager to Enter into an Agreement for the Lease Purchase of Vehicles and 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 approxi- mately 16 firms. The bids were opened at 11:00 a.m. on Tuesday, March 1 and the best interest rate was submitted by Merit Financial Corporation at 8.744%. 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 equipment for a total amount of $362,500. 8. Hearing and First Reading of Ordinance No. 25, 1983, Amending Certain Sections of Chapter 118 of the Coe of the City of Fort Co ins, einq J nina Ordinance. This is a staff -initiated request to amend certain portions of the Zoning Code. These changes are basically housecleaning items, but would update the Ordinance relative to current City policies and plans. -116- 1 March 15, 1983 9. Hearing and First Reading of Ordinance No. 26, 1983, Amending a Section of Chapter 99 of the Code of the City of Fort Collins, being a part of the Subdivision of Land Ordinance. This Ordinance would eliminate the special one -lot review process in situations where only one building is to be built on one parcel of land having only one owner, and require that an official subdivision be approved and recorded before a building permit can be issued. This should not impose any undue hardship for the applicant and will result in a clear, standard procedure giving the applicant a legal, recorded document for his efforts. 10. Hearing and First Reading of Ordinance No. 27, 1983, Amending a Section o Chapter 64 of the Code of the City of Fort Col inswing as part of the Non -Owner -Occupied Housinq, Health and Safety Code. The present Non -Owner -Occupied Housing Code requires that all habit- able rooms within a dwelling must have heating facilities which are ' capable of maintaining a room temperature of sixty degrees when the outside air temperature is zero degrees. This proposed revision would eliminate the reference to any outside air temperature. Thus, a room temperature of 60 degrees would have to be maintained regardless of the outside temperature. This would make the Code easier to enforce and would enable the Building Inspection office to respond to tenants in a more favorable manner. 11. Items Relating to Landmark Preservation Commission. A. Hearing and First Reading of Ordinance No. 28, 1983, Proposing Changes to the Landmark Ordinance In Chapter 69 of the Code and the Landmark Preservation Commission's Bylaws. B. Resolution Approving Amendments to the Bylaws of the Landmark Preservation Commission. The Landmark Preservation Commission is recommending the changes to be made to the Landmark Ordinance in Chapter 69 of the Code. These changes are being proposed after a period of 18-months of functioning under the existing Ordinance. During this period, the Landmark Preservation Commission has become aware that certain aspects of the existing Ordinance need modification. Through these suggested re- visions, the Landmark Preservation Commission seeks to improve the existing review/appproval process. These proposed changes were reviewed at the City Council worksession of February 22, 1983. -117- March 15, 1983 ' 12. Hearinq and First Readinq of Ordinance No. 29. 1983. Appropriatin unanticipatea Revenue In the Community uevelopment CIOCK Brant tuna. The construction bid received to perform rehabilitation work on Thomas J. Larkin's house came in at $15,490. Because the maximum allow- able grant from the City for housing rehabilitation projects is $15,000, Mr. Larkin agreed to pay for the balance of the construction work totalling $490. In order to consolidate project resources and construction contracts, Mr. Larkin has paid this money directly to the City and the City will issue one contract for the construction work to be performed. This Ordinance appropriates the $490 in the Community Development Block Grant Fund for housing rehabilitation on the Larkin's house. 13. Hearing and First Reading of Ordinance No. 30, 1983, Authorizing Transfer Between Capital Projects. Staff is requesting the transfer of $20,000 from unspecified Drainage Contingency into the Ditch Consolidation Study Project. These funds will be used to perform additional engineering and legal studies ' to answer certain specific questions raised by the Storm Drainage Board and ditch companies. These questions need to be answered before the Storm Drainage Board can make an informed recommendation to the City Council. 14. Resolution Authorizi with Larimer the Execution of an I tal A portion of the Site Improvements Phase II for the New Transfort Facility project is the improvements to Trilby Road from the existing City limits to College Avenue. The County has requested the following: I. That the said improvements shall be completed at no cost to the County and the City shall be fully responsible for insuring the safety of travelers either by the posting of signs, flares, or other warning devices as may be necessary to give reasonable and satisfactory notice of the work being conducted by the City. 2. The City shall indemnify the County for any or all loss or lia- bility arising as a result of the said construction project including the described utility and street construction and any changes in the drainage resulting from the improvements. 3. The City shall provide general liability insurance regarding the said construction project in the minimum amounts as pro- vided in the Colorado Governmental Immunitv Statutes. -118- I March 15, 1983 All the above requests by the County have been covered in our con- struction contract with Coulson Excavating Company. These are normal requirements of any construction project the City of Fort Collins undertakes. 15. Resolution Supporting S.B. 211 as it Relates to Anti -Trust Legisla- tion. Recently, the City received a packet of information from the Colorado Municipal League regarding pending anti-trust legislation. A copy of that information was sent to the Council together with a copy of a letter from the City Manager to Senator Beatty supporting said legis- lation. To summarize the information supplied to us by the Colorado Municipal League, the Municipal League supports the adoption of anti-trust legislation as a means of protecting municipalities from damages they are currently exposed to in anti-trust actions. The attached resolu- tion, if passed, would be an official statement by the City in support of Senate Bill 211, a land use anti-trust immunity bill. It should be pointed out that Senate Bill 211 is the only anti-trust legislation ' now pending in the State Legislature. 16. Resolution Authorizing the Conveyance of a Transmission Line Easement to Platte River Power Authority. Platte River Power Authority has requested an easement from the City for the use of City property and rights -of -way for a portion of their Timberline/Poudre Transmission Line which interconnects two existing substations serving the City. 17. Resolution Authorizing the City Manager to Enter into an Agreement with the Larimer-Weld Regional Council ounci of Governments for the City s Continued Participation in the U.S. Geologicalurvey 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 oper- ations 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 $33,218 and 1983 funds are budgeted. 18. Certification of the Canvass of Results for March 8, 1983 General City E ection. ' The canvass of the March 8th City Election must be completed on the third day following the election, as required by the City Charter. -119- 1 March 15, 1983 Therefore, the official certification of the canvass of the election will not be completed until after the agenda is finalized for the March 15th meeting. That formal certification will be provided to Council under separate cover prior to the meeting. Ordinances on Second Reading were read by title by Wanda Krajicek, City Clerk. Item #,5. Second Reading of Ordinance No. 21, 1983, Authorizing an Addendum extending the Bus Bench Contract with Anthony Giacopelli. Item #6. Second 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. Item1#7. Second Reading of Ordinance No. 24, 1983, Authorizing the City Manager to Enter into an Agreement for the Lease Purchase of Vehicles and Equipment. Ordinances on First Reading were read by title by Wanda Krajicek, City I Clerk. Item #8. Hearing and First Reading of Ordinance No. 25, 1983, Amending Certain Sections of Chapter 118 of the Code of the City of Fort Collins, beinq a part of the Zom nq Ordinance. Item #9. Hearing and First Reading of Ordinance No. 26, 1983, Amending a Section of Chapter 99 of the Code of the City of Fort Collins, being a part of the Subdivision of Land Ordinance. Item #10. Hearing and First Reading of Ordinance No. 27, 1983, Amending a Section of Chapter 6 of the Code of the City of Fort Collins, einq a part of the Non -Owner -Occupied Housinq. Health an Safety Item #11. A. Hearing and First Reading of Ordinance No. 28, 1983, Pro- posing Changes to the Landmark Ordinance In Chapter 69 of the Code and the Landmark Preservation Commission s Bylaws. Item #12. Hearing and First Reading of Ordinance No. 29, 1983, Appropri- ating Unanticipated Revenue in the Community Development Block Item #13. Hearing and First Reading of Ordinance No. 30, 1983, Authorizing I Transfer Between Capital otec Prts. -120- March 15, 1983 Councilmember Elliott made a motion, seconded by Councilmember Knezovich, to adopt and approve all items not removed from the Consent Calendar. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, Miller, and Wilmarth. Nays: None. THE MOTION CARRIED. Ordinance Transferring $44,400 from Improvement District #75 to Special Improvement District #77, Adopted on Second Readinq Following is the staff's memorandum on this item: "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 allow- able project budget is now $900,400 or a net increase of $44,400 more than is presently appropriated. This ordinance which was unanimously adopted on First Reading on March 1 appropriates the additional funds into the project budget so that the appropriation and the budget are the same." Mayor Cassell asked the record to show he did not participate in the discussion or vote on this item. Councilmember Clarke made a motion, seconded by Councilmember Elliott, to adopt Ordinance No. 23, 1983 on Second Reading. Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Miller, and Wilmarth. Nays: None. (Mayor Cassell withdrawn) THE MOTION CARRIED. Resolution Directing the City Manager to take Certain Actions Relative to Termination of Social Security Coverage for City Employees, Adopted Following is the staff's memorandum on this item: "For the past several years staff has looked at Social Security in an analytical way, given many local governments withdrawing from the system and trying to set up their own systems. Each time we've done such an -121- March 15, 1983 ' analysis, we've found that the system provides more benefits that its cost can be achieved alternatively. Recently however, we found that some other jurisdictions have put together packages that look cheaper and maybe better. So we want to take a look at this kind of an alternative system, but Congress is thinking about pulling back local government's ability to withdraw from Social Security. Our word is that we must indicate our intention to withdraw by April 1 of this year or lose for all time that possibility. So we'd like to ask Council to pass a resolution that would allow us to make this kind of an investigation over the next several months. Such investigation would require a good deal of involvement on the part of the City employees; I would not want to withdraw from Social Security as an organization without the strong positive support of the City employees. Then I also think it's important that we consider the nationwide implica- tions of withdrawing from Social Security. I'd like to analyze whether we should withdraw from Social Security even if we think it's a good deal economically for us. It is a rather important part of the social safety net of the nation, and I'm inclined to believe all of us are needed to support it, that it can't be made sound if some of us are able to reject I it. But I want to keep an open mind and take a look at the entire system and the option. Currently governmental agencies have the option of withdrawing from Social Security by filing a notice of intent to withdraw with the State of Colo- rado. Once this notice is filed, there is a two-year waiting period. Federal legislation may soon remove that right of withdrawal. By passing the attached Resolution, we will not be opting out of Social Security but rather giving ourselves two years to study alternative programs. By passing this Resolution and sending it to the State of Colorado before April 1, 1983, we will have the time to do this study. Social Security may be the best option, but this Resolution will simply allow us to keep all of our options open. Staff recommends adoption of the Resolution." Councilmember Knezovich made a motion, seconded by Councilmember Elliott, to adopt the Resolution. Councilmember Elliott asked about potential costs of studying the issue. Deputy City Manager Meitl replied the City would use information developed I by other cities and organizations and no additional cost was anticipated. -122- IMarch 15, 1983 The vote on Councilmember Knezovich's motion to adopt the Resolution was as follows: Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, Miller, and Wilmarth. Nays: None. THE MOTION CARRIED. Ordinance and Resolution Pertaining to Correcting Health and Safety Hazards at the City's Outdoor Pool Bathhouse. Adopted Following is the staff's memorandum on this item: "A. Resolution Authorizing the Services of Sinnett Builders to Correct the Health and Safety Hazards at the City's Outdoor Pool Bathhouse. B. Hearing and Final Reading of Ordinance No. 31, 1983, Appropriating Prior Year Reserves in the Capital Projects Fund for Remodeling of the Bathhouse/Concession Stand at the Outdoor Pool. The Park Bathhouse/Concession Stand located adjacent to the Outdoor is in violation of several major health and safety codes. Pool The in City Depart- ment of Health will not allow this facility and the pool to open for the 1983 swimming season until repairs are made to remedy the hazards. Remodeling includes: - replacement of inadequate plumbing in both the men's and women's shower/toilet area and concession stand; - replacement of inadequate lighting in both the men's and women's water closets; - provision of adequate ventilation systems for the men's and women's shower and toilet areas; - provision.of a stainless steel drainboard for the three -compartment sink to satisfy sanitary requirements; - elimination of all pits and holes in the concrete floor; - correction of electrical code violations in the concession stand; - repair of hand sinks in the restrooms and concession stand area; and ' - minor repairs to the Outdoor Pool plumbing. -123- March 15, 1983 ' A minimum of eight weeks will be required to complete the project. The pool opening date is June 4, 1983. To allow Parks/Recreation Staff and concessionaires time to prepare the facility for opening, construction needs to be completed by May 15, 1983. Preliminary design work was begun by Architecture Plus on January 14, 1983, and is complete. Fund balance of $4,200 in the Improvements to City Park Capital Project was committed to pay for the preliminary design phase. However, $40,000 is needed to complete the final design and construction: PROJECT BUDGET Preliminary Design Final Design Construction Contingency TOTAL BUDGET $ 4,200 (already committed) 2,325 32,392 5,283 $44,200 Since these funds must be appropriated before final design and construction activities may begin, staff recommends emergency appropriation of $40,000 ' to accomplish the project, finishing final design while simultaneously beginning construction. Article II, Section 6, of the City Charter allows adoption of an appropriation ordinance on first reading when immediate adoption is necessary to protect the public health or safety. Article V, Section 32, of the City Charter allows waiving of the bidding process in case of emergency affecting the public health or safety. There- fore, staff recommends hiring Sinnett Builders, Inc., for the construction. This firm was the general contractor which completed the improvements to City Park in the summer of 1982, is familiar with the facility and its work was judged excellent. The project schedule is: Preliminary Design: completed Final Design: March 16 - March 31, 1983 Construction: March 16 - May 15, 1983 The Capital Projects Fund has $671,704 in unallocated prior year reserves from which the $40,000 is available to be appropriated. This ordinance appropriates $40,000 from Capital Projects Fund capital reserve to remodel and repair the Bathhouse/Concession Stand at the Outdoor Pool. If these funds are not appropriated, the project will not be accom- plished and the Health Department will not allow the pool to open for the 1983 summer season." -124- March 15, 1983 Councilmember Knezovich made a motion, seconded by Councilmember Elliott to adopt the Resolution. Councilmember Horak asked why this item had not come to Council earlier. Deputy City Manager Meitl noted the Larimer County Health Department had inspected the pool and bathhouse last fall and gave the City.a report which outlined repairs that would need to be made prior to the opening of the pool in May of 1983. After discussing the issue with the County, staff decided that if the 3/40 sales tax passed on March 8, one of the first projects brought to Council would be the construction of a new bathhouse and pool renovation. The County -agreed to allow the renovation to be postponed for one year with the assumption a new facility would be built prior to opening the pool in May, 1984. If the tax was defeated, the County required the repairs be done prior to the opening of the pool this year. Staff decided to wait for the March 8 election results before bringing the item for Council consideration. He added the $40,000 would ' not totally correct the bathhouse problems but would give the City three to five more years with the existing facility. Special Projects Manager Jack Gianola, explained the scope of the renova- tion project noting it consisted of repairs to the bathhouse floor, addi- tional bathhouse lighting, bringing all serving machines in the concession stand up to Code, repairs to the concession stand floor and serving coun- ters, and the addition of a hand sink to the concession stand. These repairs are allto correct County Health Code violations. Jerry Gavaldon, 413 North Grant, spoke in favor of the remodeling project but encouraged a more long-term solution to the problem. The vote on Councilmember Knezovich's motion to adopt the Resolution was as follows: Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, Miller, and Wilmarth. Nays: None. THE MOTION CARRIED. Councilmember Knezovich made a motion, seconded by Councilmember Clarke, to adopt Ordinance No. 31, 1983, as an Emergency Ordinance. Yeas: Council - members Cassell, Clarke, Elliott, Horak, Knezovich, Miller, and Wilmarth. Nays: None. I THE MOTION CARRIED. -125- March 15, 1983 Items Relating to Bond Anticipation Notes Issued on Behalf of the Downtown Development Authority Following is the staff's memorandum on this item: "A. Resolution Authorizing City Staff to Proceed in Drawing up the Neces- sary Documents for the Issuance of Bond Anticipation Notes in the Principal Amount of $3,100,000. Resolution Authorizing the City to Advance to the Downtown Development Authority $198,000. C. Resolution Approving Purchase of Parking Lot by Fort Collins Downtown Development Authority. Hearing and Final Reading of Ordinance No. 32, 1983, Appropriating $183,000 in the Downtown Development Authority. Hearing and First Reading of Ordinance No. 33, 1983, Appropriating I Unanticipated Revenue in the Downtown Development Authority Fund. The Resolution authorizing the Staff to proceed with the documents neces- sary for the issuance of Bond Anticipation Notes (Item A) is necessary before acting on the other two sub -sections of this agenda item. The City's Finance Department has worked for some time to obtain interim financing for DDA in the form of Bond Anticipation Notes to act as seed money prior to the Authority developing sufficient tax increment revenues to retire tax increment debt. Two financial entities submitted proposals. The entities were Boettcher and Company and IntraWest Bank of Denver, N.A. The enclosed schedule shows the net interest expense for both proposals including their various options. The Downtown Development Authority Resolution 83-5 is also enclosed in which the DDA Board recommended the acceptance of the Boettcher and Company proposal at the 6.25% fixed rate with a 1.1% discount for a net interest cost including discount of $448,531. The actual percentage rate that the BAN will bear will be determined on the Monday prior to the First Reading of the BAN Ordinance. City Staff concurs with the Downtown Development Authority Board's recom- mendation. The Resolution authorizing the City to advance the DDA $198,000 (Item B) is necessary so the DDA can close on the County parking lot acquisition by the March 31 deadline anticipated in the agreement with Larimer County. The ' $198,000 will be used to acquire the County parking lot in the amount of $183,000 and $15,000 will go towards the Authority's share of the cost of -126- March 15, 1983 preparing a Downtown traffic study. The approval of the traffic study is an an agenda item following this item. The City recommends and the DDA Board agrees that the $198,000 will be taken from the City's existing cash flow and will be repaid by the DDA immediately upon obtaining the BAN Proceeds and will bear interest at the current City investment rates, see enclosed DDA Resolution 83-6. The Resolution stating Council's approval of the purchase of the Larimer County Parking lot located in the 100 block of South Mason (Item C) has been prepared so that the DDA can close on the property on or before March 31, 1983 as per the agreement between the DDA and County. One of the goals and objectives of the DDA as stated in the DDA Plan of Development here- tofore approved by Council is to improve the availability of parking in the District. Presently, the parking lot is being used for Larimer County employee parking. Upon the completion of the City/County Parking lot on Block 31, the DDA would open the South Mason parking lot to the public. The purchase has been approved by the Board of Directors of the DDA. ' The the Emergency Ordinance to appropriate $183,000 (Item D) is necessary so County parking lot can be acquired by the DDA prior to March 31. The last Ordinance (Item E) appropriates the DDA's share ($15,000) of the cost of preparing a Downtown traffic study. The City Finance Department is working closely with the DDA Staff and a developer who is planning a project within the DDA area to estimate reason- able tax increment revenues that will be available to retire the debt of the DDA. The City Finance Staff will present a report including its recommendation and a cash flow statement prior to the First Reading of the Bond Anticipation Note Ordinance." Councilmember Clarke made a motion, seconded by Councilmember Knezovich, to adopt the Resolution Authorizing City Staff to Proceed in Drawing up the Necessary Documents for the Issuance of Bond Anticipation Notes in the Principal Amount of $3,100,000. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, Miller, and Wilmarth. Nays: None. THE MOTION CARRIED. Councilmember Clarke made a motion, seconded by Councilmember Elliott, to adopt the Resolution Authorizing the City to Advance to the Downtown Development Authority $198,000. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, Miller, and Wilmarth. Nays: None. ' THE MOTION CARRIED. -127- March 15, 1983 Councilmember Elliott made a motion, seconded by Councilmember Knezovich, to adopt the Resolution Approving Purchase of Parking Lot by Fort Collins Downtown Development Authority. Councilmember Wilmarth noted he felt the City should not buy more parking lots until a coordinated comprehensive transportation plan is in place. He stated he would vote "no" on this Resolution. The vote on Councilmember Elliott's motion to adopt the Resolution was as follows: Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, and Miller. Nays: Councilmember Wilmarth. THE MOTION CARRIED. Councilmember Knezovich made a motion, seconded by Councilmember Clarke, to adopt Ordinance No. 32, 1983, Appropriating $183,000 in the Downtown Development Authority, as an Emergency Ordinance. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, Miller, and Wilmarth. Nays: None. THE MOTION CARRIED. Councilmember Horak made a motion, seconded by Councilmember Knezovich, to adopt Ordinance No. 33, 1983, Appropriating Unanticipated Revenue in the Downtown Development Authority Fund, on First Reading. Downtown Development Authority Director Bill Kingsbury noted that due to several requests for street closures in the downtown area by developers, the DDA felt it might be prudent to look at the overall traffic system rather than address each request individually. This study has been coordi- nated with the City's Transporration Services Department and the Larimer Weld Regional Council of Governments with regard to funding of the study. He added there is not currently a detailed downtown traffic plan and noted the study would cover the areas generally bounded by Laurel, Vine, Sher- wood, Mulberry, and Jefferson. The vote on Councilmember Horak's motion to adopt Ordinance No. 33, 1983 or First Reading was as follows: Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, Miller, and Wilmarth. Nays: None. THE MOTION CARRIED. -128- March 15, 1983 Items Relating to the Downtown Traffic and Circulation Studv Following is the staff's memorandum on this item: "A. Resolution authorizing the execution of an intergovernmental agree- ment between Larimer-Weld Regional Council of Governments (LWRCOG) and the City of Fort Collins for the use of $21,336 in P-L (Planning) Funds. Resolution authorizing the execution of an intergovernmental agree- ment between the Downtown Development Authority (DDA) and the City of Fort Collins for the use of $15,000 in DDA funds. Hearing and First Reading of Ordinance No. 34, 1983 appropriating unanticipated revenues totaling $36,336 ($15,000 from the DDA and $21,336 from the State Highway Department P-L Funds) for use on the Downtown Traffic and Circulation Study. ' D. Resolution authorizing the execution of a Professional Services Agreement for $35,000 with the firm of Parsons Brinckerhoff Quade and Douglass of Denver, Colorado. (Contract will not be executed until after the second hearing of appropriation ordinance.) The Transportation Services Unit has identified a need to develop a traffic circulation plan for the downtown area With various proposed development projects and other potential developable areas, a comprehensive plan to lend overall guidance and consistency to the traffic needs of the downtown area is needed at this time. To this end, the Transportation Services Unit has worked with the Downtown Development Authority (DDA) and the Larimer- Weld Regional Council of Governments (LWRCOG) to identify their involvement and concerns. Both of these agencies have supported the concept of this downtown study. Funding being appropriated for the study has been identified from two sources. 1. Downtown Development Authority. The DDA has approved the spending of $15,000 for the downtown study. 2. Larimer-Weld Regional Council of Governments. The LWRCOG has respon- sibility for monitoring the expenditure of State Highway Department P.L. ' (Planning) funds. At this time, there is 111,336 available for the City of Fort Collins to use for Transportation Planning purposes. This $21,336 has been approved by the LWRCOG board for use on the Downtown Traffic and -129- March 15, 1983 Circulation Study. The state funds are available on an 80% reimbursible basis with a 20% local match. The City will provide $5,334 in matching funds through in -kind project administration, management, and field studies associated with the project and the $5,334 will not be appropriated in the Capital Projects Fund. The Transportation Services Unit, using the Capital Projects Management Control System Consultant Selection process, has selected a qualified firm to accomplish the study. This firm, Parsons, Brinckerhoff, Quade and Douglass, was selected from a field of nine consulting firms as the most qualified to provide the City of Fort Collins a quality downtown study. Contract negotiations have resulted in a $35,000 cost for Parsons Brinckerhoff to do the study. A work schedule and fee schedule are at- tached to this agenda summary. Staff recommends approval of all items." Councilmember Clarke made a motion, seconded by Councilmember Elliott, to adopt the Resolution authorizing the execution of an intergovernmental agreement between Larimer-Weld Regional Council of Governments (LWRCOG) ' and the City of Fort Collins for the use of $21,336 in P-L (Planning) Funds. Councilmember Knezovich asked how this study would differ from other studies and what the scope of work would be. Traffic Manager Rick Ensdorff replied the downtown had never been studied with respect to activity in the downtown area. He noted the City had Master Street plans for the whole City and other planning tools but had never done an isolated study on the downtown that looked at the correla- tions between development, parking, etc. He estimated the study would take five months and would cost a maximum of $35,000. Dan Larsen, 2700 Blevins Circle, noted he felt this was an ideal time to look at the traffic patterns and problems in the downtown area with the hope the recommendations would be implemented. The vote on Councilmember Clarke's motion to adopt the Resolution was as follows: Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, Miller, and Wilmarth. Nays: None. THE MOTION CARRIED. Councilmember Clarke made a motion, seconded by Councilmember Miller, to adopt the Resolution authorizing the execution of an intergovernmental ' -130- March 15, 1983 agreement between the Downtown Development Authority (DDA) and the City of Fort Collins for the use of $15,000 in DDA funds. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, Miller, and Wilmarth. Nays: None. THE MOTION CARRIED. Councilmember Clarke made a motion, seconded by Councilmember Elliott, to adopt Ordinance No. 34, 1983, on First Reading. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, Miller, and Wilmarth. Nays: None. THE MOTION CARRIED. Councilmember Clarke made a motion, seconded by Councilmember Knezovich, to adopt the Resolution authorizing the execution of a Professional Services Agreement for $35,000 with the firm of Parsons Brinckerhoff Quade and Douglass of Denver, Colorado. (Contract will not be executed until after the second hearing of appropriation ordinance.) Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, Miller, and Wilmarth. Nays: None. THE MOTION CARRIED. _ Citizen Participation A. Proclamation Naming March 14-20 as International DeMolay Week was accepted by members of the Fort Collins DeMolay Chapter. B. Proclamation Naming March 20-26 as Colorado Poison Prevention Week was forwarded to the appropriate persons. C. Signing of letter of endorsement for Parks and Recreation Gift Catalog. Mayor Cassell read the letter of endorsement that will appear in the Parks and Recreation Gift Catalog. He then signed the letter and presented it to Parks and Recreation Director H.R. Phillips. D. Recognition of Budget and Research Director Phyllis Griep for her years of service to the City of Fort Collins. Mayor Cassell presented a plaque to Ms. Griep who will be assuming the position of Assistant County Manager of Alachua County, Florida near Gainesville on April 4. -131- March 15, 1983 Resolution Approving a Design Agreement in the Amount of $44,790 to Architecture Plus, P.C. for Final Drawings and Specifications for the Renovation of Old City Hall, Adopted Following is the staff's memorandum on this item: "In early 1981, the City of Fort Collins placed a Request for Proposals on architectural/design services for renovation/remodel work for Old City Hall, additional office space in the basement of New City Hall, and eval- uation of the structural integrity of the Indoor Pool. Following the Requests for Proposals procedures outlined in the Capital Project Manage- ment/Control System Manual, the City selected the firm Architecture Plus (formerly Cox/Parker and Associates) to do this work. Their work con- cerning the Renovation of Old City Hall consisted of specific conceptual and preliminary design requirements. After compiling this data, they were to make a report to City administration which they did in August 1981. From this work, future costs were projected and the final scope of work was determined. As part of the original Request for Proposals, the City specifically stated, "For continuity, the successful architect and/or architects will be retained to complete the total project, if the successful architect performs well throughout the conceptual and preliminary design phases". Architecture Plus has performed well. Since this contract is in excess of $20,000 and is a new design agreement, it must be submitted to City Council for your approval. During the 1983 Budget process the Old City Hall Renovation project had appropriated $791,345 for final design and construction. On January 4, 1983, the City Council passed Resolution 83-14 reducing the amount to $387,406. Since this project has been downgraded considerably from the original preliminary design report, the scope of work has been reduced accordingly. In Exhibit "A" of the contract, the scope of the basic services is defined as well as projected future services if additional funds are available. The single largest complication with this supplemental heat and ventilation for the It may be required to relocate some of the during this period. This is dependent upon and installation time. -132- project will be providing staff during this retrofit. staff or all of the staff delivery dates of equipment March 15, 1983 This Resolution would permit the architect to complete the final drawings and specifications for the Old City Hall." Councilmember Miller made a motion, seconded by Councilmember Elliott to adopt the Resolution. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, Miller, and Wilmarth. Nays: None. THE MOTION CARRIED. Resolution Declaring a Nuisance. to Exist at the Southeast Corner of Willow Lane Townhomes and Ordering its Abatement, Adopted Following is the staff's memorandum on this item: "Staff requests that Council find and declare the large mound of dirt (See ' attached location map) to constitute a public nuisance and order the property owner to abate said nuisance or in lieu thereof, authorize and direct the City Engineer to abate the nuisance and assess the cost against the property owner. Staff has received several complaints from residents on White Rock Court in the Southwest part of Fort Collins about a large pile of dirt remaining from the construction of the apartment complex known as Willow Lane Town - homes. This dirt pile has high, steep dangerous sides, is unsightly, is subject to erosion from the wind, and creates difficulties in controlling weeds. These items were brought to the attention of the property owner and the contractor and they had indicated that these conditions would be corrected by February 16, 1983. To date, nothing has been done. (See attached correspondence.) The attached resolution would find the condition of the property to con- stitute a nuisance in accordance with Section 79-1,A of the Code of the City of Fort Collins, and would order the property owner, agent or occupant to remedy the nuisance by April 1, 1983, or; in the event that it is not corrected, would authorize the City Engineer do so and assess the cost . thereof against the property." Councilmember Elliott made a motion, seconded by Councilmember Clarke, to ' adopt the Resolution. -133- March 15, 1983 City Engineer Tom Hays showed slides picturing the conditions on the site. He noted the pile had been there some time but had become a problem with recent development in the area. He noted staff felt all administrative procedures for abating the nuisance had been exhausted and were approach- ing the Council to have the dirt pile declared a nuisance. He estimated the cost to remedy the nuisance would be $500 to $600. The vote on Councilmember Elliott's motion to adopt the Resolution was as follows: Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, Miller, and Wilmarth. Nays: None. THE MOTION CARRIED. Resolution Making Appointments to the Environmental Quality Technical Advisory Committee (EQUATAC), Adopted Inserting Eight Names Following is the staff's memorandum on this item: "At the February 8 work session, staff recommended that an Environmental Quality Technical Advisory Committee (EQUATAC) be established to help staff and Council analyze various environmental issues that exist or might face the community in the future. On March 1 Council adopted a Resolution creating the advisory committee and authorizing the Council to make appointments to the committee. Staff was directed to solicit resumes from those interested in serving on the committee. Councilmembers Clarke, Elliott, and Miller will have held interviews with prospective members prior to the Tuesday meeting and will present their recommendations at that time." Councilmember Elliott made a motion, seconded by Councilmember Clarke, to adopt the Resolution inserting the names of Gerald Blehm, David L. Die- trich, Douglas Fox, Thomas McKee, Kenneth A. McNaught, Richard Pearson, Duane E. Stevens, and David R. Stewart. Councilmember Elliott noted there had been some concern that one of the prospective members of EQUATAC also served on another City board. He stated the selection committee had felt the new committee would not have the status of a regular board or commission, but would be doing research on projects Council or staff deem relevant. He added the new Committee might utilize the expertise of members of other boards and commissions. -134- 1 March 15, 1983 Mayor Cassell compared this committee to a consultant the City might hire rather than a regular board or commission that has a permanent role. He felt this was a way to utilize volunteer technical expertise and stated their role differed from other boards and commissions. Councilmember Miller compared the committee to an ad -hoc committee that would be advisory to the Council much like the Airport Ad -Hoc Committee. Councilmember Clarke noted the selection committee had felt it would be a positive step to have liaison between the Water Board and the EQUATAC Committee and that Mr. Stewart's background and expertise would balance the Committee. City Manager Arnold noted EQUATAC would be an advisory committee, not a decision making body, and would primarily, at least initially, deal with air quality issues. Later Council would have the flexibility to add additional expertise to the committee if its focus changes to other kinds of environmental problems. The vote on Councilmember Elliott's motion to adopt the Resolution insert- ing the eight names was as follows: Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, Miller, and Wilmarth. Nays: None. THE MOTION CARRIED. City Attorney's Report Assistant City Attorney Greg Denton called Council's attention to a con- fidential memo dated March 11, 1983, regarding a matter of litigation (Sadusky vs. City of Fort Collins). He asked for advice from Council on how the City Attorney's office should proceed. Mayor Cassell noted he did not feel an Executive Session was necessary. He added he was comfortable with the procedures suggested in Assistant City Attorney Denton's memo. Other Councilmembers expressed agreement with Mayor Cassell. City Manager's Report City Manager Arnold noted the Water Department would be installing some isolation valves on West Mountain during the next week. He pointed out this work was not connected to the trolley project. -135- March 15, 1983 Councilmembers' Reports Councilmember Knezovich noted there had been some discussions at the State Legislature level to use a portion of the lottery proceeds to alleviate the state's economic woes. He suggested Councilmember Horak, through the policy committee of the Colorado Municipal League, forward the City's opinion that that is not a proper long term solution to the state's finan- cial difficulties. Councilmember Horak made a motion, seconded by Councilmember Clarke, to write a letter to the Legislature indicating the lottery monies were not a solution to the state's budgetary problems. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, Miller, and Wilmarth. Nays: None. THE MOTION CARRIED. Councilmember Elliott noted the Poudre Fire Authority meeting on March 27 would center on two items of discussion -- the high-rise study, and a review of the costs of a 10-year lease/purchase program for capital equip- ment. Councilmember Horak reported he had presented the Colorado Water Conserva- tion Board with the City's Resolution dealing with the basin -wide study of the Cache La Poudre River. The Board approved the City's recommendations with some slight modifications and the issue has now gone to the Agricul- ture Committee for public hearing. A decision on whether $15,000 will be spent for scoping out the study on the Poudre Basin will be made in the next few days. Mayor Cassell noted the closing on the refunding of PRPA's Series F and G Bonds would be March 24. The new Series H Bond amount will be $401,300,000 at about 14% average interest cost. The refunding will be at approximately 9-3/4% for a savings of about $36,000,000. He reported on the PRPA work sessions designed to improve communications between the General Manager and the Board, and noted a portion of the work session of April 12 would be set aside for discussion of changes in the terms and composition of the PRPA Board of Directors. Other Business Trolley Discussion Councilmember Clarke gave an update on his discussions with regard to the ' trolley route. He suggested the trolley be routed down Linden Street to -136- March 15, 1983 the bridge, turning left and ending up at the Old Power Plant, a vital part of the Poudre River Trust which will be developed as a mixed commercial use. The trolley would be a link between the Old Town area and the Power Plant area. He noted he had presented this concept to several members of the Railway Society who had pointed out several problems. He noted he felt the problems were solvable and suggested pursuing the concept of an alter- nate route. Marc Teets, 1423 West Mountain, Fort Collins Parkway Preservation Society, proposed a slightly different route noting his group would give their support to the Society and the City if an alternate route is found. He added he felt the $4,000 should not be spent on the mediator as problems could be worked out between the parties. He suggested a route from Linden, down Mountain to Peterson, down Peterson past Library Park to Magnolia, then to Whedbee returning to Linden. He spoke of a poll taken on Mountain Avenue noting that of 207 homes polled, 133 were opposed to the trolley running on Mountain Avenue, 26 were in favor, 18 had no opinion, and 30 were not at home. Joan Seegmiller, 731 West Mountain, Vice -President of the Railway Society, ' spoke of the advantages of the West Mountain location. She noted the poles were in place, the land belongs to the City, the median had the trolley there before and has ballast under the grass to form a base for the tracks, the medi an i s 1 evel , the medi an i s grass and i t woul d be easi er to 1 ay track than in the street, the grass medians provide protection for the car, and finally, the trolley barn is currently in place at the West Mountain location. She added that to locate the trolley anywhere else would require the monetary support of all of Fort Collins, outside investors, and City staff time and money. Mayor Cassell suggested appointing a committee composed of Councilmember Clarke, representing the Council, Josh Richardson, members of the Railway Society, and members of the Preservation Society to look at the problems associated with an alternate route. The committee would draft a summary of those problems and present recommendations before any money is spent on a mediator. Mark Bassett, President of the Railway Society, noted their willingness to go along with the committee concept as long as the time constraint of April 15 is recognized for moving the trees. Mike Lohman, 1230 West Mountain, suggested the tree moving be postponed at least a year because of the time this committee will need to review the alternatives. ' Katherine Abbott, 1501 West Mountain, spoke in favor of the West Mountain route for the trolley. -137- 1 March 15, 1983 John Messineo, 137 North Bryan, spoke in opposition to the West Mountain location because of the existing landscaping. Charles Wanner, 1242 West Mountain, opposed the West Mountain location and suggested a one-year waiting period be approved. Howard Hagemeister, 1909 Lemay, supported the West Mountain location and added he felt the opposition should have made their position known three years ago. Mitch Green, South College resident, opposed the trolley stating he felt the needs and desires of City residents had changed and the City should look at the current desires of the West Mountain residents. Mary Teets, 1423 West Mountain, noted area residents had voiced their opposition three years ago but were not as organized and vocal at that time. Councilmember Horak made a motion, seconded by Councilmember Wilmarth, to ' appoint a committee to study the 'West Mountain trolley and the proposed downtown route. The committee is to report back to Council prior to March 29. The committee is to be composed of Councilmember Clarke, Josh Richard- son, representatives of the Railway Society and the Preservation Society, and representatives of the Downtown Development Authority. Yeas: Council - members Cassell, Clarke, Elliott, Horak, Knezovich, Miller, and Wilmarth. Nays: None. THE MOTION CARRIED. Councilmember Wilmarth noted he had asked the City Attorney's office to prepare an opinion on several election related issues -- write-in candi- dates and withdrawal of candidates. Assistant City Attorney Denton stated it was his opinion the run-off election was for the sole purpose of choosing between the two candidates listed on the ballot and write-in candidates would not be permitted or counted. If one of the two individuals withdrew, the next in line from the March 8 election would move up and be placed on the ballot to oppose the remaining candidate. Adjournment Councilmember Horak made a motion, seconded by Councilmember Wilmarth, ' to adjourn the meeting to 1:00 p.m. on March 29. Yeas: Councilmembers -138- March 15, 1983 Cassell, Clarke, Elliott, Horak, Knezovich, Miller, and Wilmarth, Nays: None. The meeting adjourned at 9:35 p.m. ATTEST: City Clerk 00��� Mayor -139-