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HomeMy WebLinkAboutMINUTES-08/04/1981-RegularAugust 4, 1981 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council -Manager Form of Government Regular Meeting - 6:30 p.m. Boy Scout Troop # 82 presented the colors and led the audience in the Pledge of Allegiance. Mayor Wilmarth presented the troop with a proc- lamation expressing the City's appreciation for their community service. A regular meeting of the Council of the City of Fort Collins was held on Tuesday, August 4, 1981, at 6:30 p.m. in the Council Chambers in the City of Fort Collins City Hall. Roll call was answered by the following Councilmembers: Cassell, Elliott, Horak, Knezovich, Reeves, and Wilmarth, Absent: None. Staff Members Present: Arnold, Liley, Lanspery, Krajicek, and Lewis. Agenda Review: City Manager City Manager, John Arnold, noted there would be an Other Business item to authorize an agreement with the Prospect Land Company and also that Bronco Coach, Dan Reeves, would be arriving at 6:45 p.m, instead of 7:00 p.m. Councilmember Cassell asked that Item # 13, Hearin c nand First Reading of Ordinance No. 99, 1981, Adjusting the Street Overstztn ees, e removed from the Consent Agenda. Councilmember Knezovich liminary Desiqn Services Mayor Wilmarth asked that No. 98, 1981, Decreasin removed from the onsent requested Item # 14, Resolution Approvin a Pre - Contract with En ineering Professtona s Inc for oe wtinarawn. Item # 12, Hearing and First Reading of Ordinance g the In -lieu -of Water Rights Requements ir, be aienaar, 4. Resolution Appointing Replacement to Fill the Unexpired Term of Burton . Kross on tty ounct . Council conducted interviews with 15 applicants for the Council Position at last Tuesday's Work Session. The final appointment has been scheduled for this regular meeting, to fall within the 30 day deadline set by the Charter. The new Councilmember will be sworn in at a brief adjourned meeting to be held before the Work Session on August 1 llth. 295 August 4, 1981 Councilmember Horak made a motion, seconded by Councilmember Reeves, to nominate John Clarke to fill the unexpired term of Burt Kross on City. Council and to adopt the Resolution making the appointment. Yeas: Coun- cilmembers Cassell, Elliott, Horak, Knezovich, Reeves and Wilmarth. Nays: None. THE MOTION CARRIED. 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. 5 3 7 Consider approval of the minutes of the regular meeting of July 21, 9 Second Reading of Ordinance No. 57, 1981, Annexing -Property Known as Trilby Hei hts Fifth Annexation. This Ordinance was adopted unanimously on First Reading on .May 19. The five part Trilby Annexations have been considered in total so that the Council can look at the entire area. The five annexation requests were presented as one item on First Reading because of the relation- ships of the requests and because the entire area is under one owner- ship. The Second Readings have been scheduled for staggered meetings to allow each annexation to go into effect before the annexations dependent on it for contiguity. The total request is to annex 803.5 acres, located west of U.S. 287, south of Trilby Road. Second Reading of Ordinance No. 58 1981 Zoning Property Known as riTby neigni tis rTL Annexation. This Ordinance was adopted unanimously on First Reading on May 19. This Ordinance -zones the Trilby Heights Fifth Annexation. The Trilby Annexations contain 803.5 acres located west of U.S. 287, south of Trilby Road, known as Trilby Heights First -Fifth Annexations. The applicant is requesting conditional R-L-P, Low Density"Planned Resi- dential with the self-imposed condition that the area:be developed as PUD's. The area is presently zoned FA-1, Farming in the County. 296 r IL August 4, 1981 8. Second Reading of Ordinance No. 94, 1981, Annexin .Property'Known as, Tr 1an a arms Annexation. This Ordinance was adopted unanimously .on First Reading on July 21 and is being amended on Second Reading to reflect that 100% of the property owners petitioned for annexation. This is a request to annex 33.7-acres located south of Trilby Road and the Hermitage Inn, west of Highway 287, Present zoning is FA -Farming. The site contains a residence and horse farm and riding area. 9. Second Reading of Ordinance No. 95, 1981, Zoning Property Known as Triangle Farms nnexation. This Ordinance was adopted unanimously on First -Reading on July 21. This is a request to zone 33.7-acres located south of Trilby Road and the Hermitage Inn, east of Highway 287, known as the Triangle Farms. Annexation. The applicant is requesting R-P, Planned Residential on ' 19.7-acres and R-L-P, Low Density Planned Residential on 14-acres. The site is presently zoned FA -Farming in the County. 10. Second Reading of Ordinance No. 96, 1981, Appropriating Unanticipated Revenue in the Intergovernmental Personnelct-(IPA) Grant Fund. This Ordinance was adopted unanimously on First Reading on July 21. The City of Fort Collins Employee Development, Department has been awarded an Intergovernmental Personnel Act (IPA).' grant from the State of Colorado totalling $8,700 to implement productivity analysis and improvement projects. There are no matching funds required from the City. Existing staff and materials will be'used to conduct the activities sponsored by the grant.;, 11. Second Reading of Ordinance No. 97, 1981, Appropriating Prior. Year Reserves in the Conservation rust un , This Ordinance was adopted unanimously on First Reading on July 21. Due to the popularity of the Fitness Trail in City Park, the City would like to improve this existing trail and construct a new Fitness Trail in Edora Park. Each project will cost approximately $5,000. 297 August 4, 1981 This Ordinance appropriates the $10,000 of prior year reserves in the Conservation Trust Fund for these projects. 12. Hearing and First of Ordinance No 98 1981 Decreasingthe In lieu of Water Rights Requirements. This Ordinance decreases the in -lieu -of water rights cash payment rate from $2200 to $1900 per acre-foot of water required for develop- ment. Staff and the Water Board are recommending this change. 13. Hearing and First Readin of Ordinance No 99 1981 Adjustingthe Street Oversi 1ng Fees. The attached Ordinance raises the residential street oversizing fee to $290/Dwelling Unit; the industrial fee to $2,750%gross acre, and the commercial fee to $3,500/gross acre. The commercial classification is being separated from industrial. In the event of a joint use, the higher cost use would be applicable. These adjustments were presented to the Homebuilders-Public Works 71 joint meetings in June and July. There was no adverse comment from the homebuilders. 14. Resolution Approving a Preliminary De n Services Contract with Engineering Pro essiona s Inc for Improvements to City Park. The award of a professional services contract in excess of $20,000 requires approval by Council under the CPM/CS guidelines. This contract is required to initiate the preliminary design services of the "Improvements to City Park".project. Staff is recommending that the contract be awarded to Engineering Professionals in the amount of $21,300. 15. Resolution Changing Contribution Rate for Deferred Compensation Participants. This Resolution sets the annual contribution rate from the City to ICMA's deferred compensation plan at 10% of salary for John Arnold, Lucia Liley, and Paul Lanspery. 16. Resolution Approving Self -Insurance Plan. The attached Resolution approves a change in the City's medical insurance program. Staff is proposing that the City join the Colorado Municipalities Trust, replace our current medical insurance with a M August 4, 1981 partially self -funded insurance plan and change life insurance car- riers. The first year savings under this plan will range from $125,000 to $240,000. 17. Resolution Approvin a Lease Agreement with Poudre Valley Hospital District for pace at ire tat ton In 1977, the City of Fort Collins entered into a lease agreement with the Poudre Valley Hospital District for dormitory and bay space at Fire Station # 2, from which the Hospital District operates an ambu- lance service. The attached Resolution extends the lease from August 1, 1981 until July 31, 1982. 18. Authorization to Proceed with Purchase of Property for Neighborhood Park Located Eastof Imperialstates. At the July 28th Work Session, Council discussed the proposed purchase ' of about 14 acres from Les Kaplan for a neighborhood park. This land is located south of Horsetooth Road and east of Imperial Estates. Council's consensus was to direct the staff to proceed with this purchase. Staff recommends that Council authorize the staff to proceed with the purchase of this property at a price of $11,500 per acre. Ordinances on Second Reading were read by title by Wanda Krajicek, City Clerk. Item # 6. Second Readin of Ordinance No Known as rt Y Heights Fifth Ann Item # 7. Second Reading of Ordinance No. 58 as Trilby Heig is Fifth AnnexaF—ion. 11, 1181, Annexi atton. 1, Zoning Pro Pro Known Item # 8. Second Reading of Ordinance No. 94 1981 Annexing Property Known as rtang e Farms Annexation. Item # 9 Second Reading of Ordinance No. 95 1981 Zoning Property Known as Triangle armF�exatton. Item #16 Second Readin of Ordinance No. 96, 1981, Appropriatin Un- anticipated Revenue to the ntergovernmenta PersonnelAct IPA Grant Fund. 299 August 4, 1981 Item #11. Second Reading of Ordinance No. 97, 1981, Appropriatin Prior ear eserves in the onserva ion rus un . Ordinances on First Reading were read by title by Wanda Krajicek, City Clerk. Item #12. Hearin and First Reading of Ordinance No. 98 1981 Decreasi one in-iieu-or waterRights—equirements. Item #13. Hearing and First Reading of Ordinance No 99 1981 Adjusting the Street bversizing Fees. Councilmember Knezovich made a motion, seconded by Councilmember Cassell, to adopt and approve all items not removed from the Consent Calendar. Yeas: Councilmembers Cassell, Elliott, Horak, Knezovich, Reeves, and Wilmarth. Nays: None, THE MOTION CARRIED. Ordinance Decreasing the In -lieu -of Water Rights Requirements, Adopted on First Reading Following is the City Manager's memorandum on this item: "The Water Board and staff recommends that the City's in -lieu -of stock cash rate be changed from $2,200 to $1,900. It has been the policy of the City to lag the market by keeping the cash rate below the market so as not to set the free trade price. This is shown on the attached chart. Further explanation may be helpful in understanding the reasons for a decrease in the in -lieu -of rate at the present time. City Code No. 112-66 spells out the requirement for developers to turn in water stock or cash prior to obtaining water service from the City. The Water Board is charged with determining what water rights are acceptable to the City and with determining the annual yield of these rights. Closely connected with this is the determination of an in -lieu -of cash rate that is consistent with meeting the overall objective of acquiring an adequate water supply. In the past there has been an attempt to keep the in -lieu -of cash price below but close to the prevailing market price of Colorado Big Thompson (CBT) water. There are several reasons this has been done. The rate needs to be set at a level which will be fair to those developers not owning or August 4, 1981 not wishing to purchase water. Also, it is desirable for the City to receive a portion of the water rights requirement in cash. Since many units of CBT water change hands each year, it is fairly easy to establish an in -lieu -of rate based on CBT prices. Prices of other local stock tend to follow the price of CBT water, but at a somewhat lower level. Most developers either own or acquire water which previously irrigated the lands being irrigated. They can turn this water over to the City in satisfaction of their water rights requirement. If a developer does not have any water associated with a parcel he is developing, then he is forced to either purchase water or pay cash to satisfy the requirement. If the cash rate is kept below the prevailing market price, then he will likely pay cash to the City rather than buying water from another party. It is ,desirable at the present time to encourage a portion of the water rights requirement to be satisfied with cash. This is because of the need to build facilities which will enable the City to utilize the water that is being turned in to the City. Also, cash can be used to pay for the devel- opment of projects such as Joe Wright Reservoir and the Michigan Ditch. For 1980.only about 5% of the water rights requirement was satisfied with ' cash. This is in contrast to an average of about 20% being satisfied with cash during the previous five years. The lowering of the in -lieu -of rate so that it is more in line with current prices should encourage developers to turn in more cash. Over the last six years the water rights requirement has averaged about 1,000 acre feet per year. If 20% of this amount was satisfied with cash at $1,900 per acre foot, an average of $380,000 per year would result. In contrast, 5% of 1,000 acre feet at $2,200 per acre foot results in only $110,000 per year. Other factors, of course, also affect how much cash is actually turned in. It is difficult to predict accurately how the in -lieu -of rate will affect the cash received. However, if the in -lieu -of rate is too low, little water stock will be received. The in -lieu -of rate needs to be reviewed frequently (at least once every six months) to see if it should be adjusted. At the present time it is clear that the in -lieu -of rate needs to be adjusted downward from $2,200 per acre foot to $1,900 per acre foot." Mayor Wilmarth expressed his concern about reducing the water rate amount in an era of rising costs of development of water reserves. He added that he felt this action was somewhat premature and asked Council to consider his concerns as to how the reduction might affect Windy Gap, the Poudre River, the cost of development and the possibility of potential new users in the northern Colorado area. Councilmember Reeves made a motion, seconded by Councilmember Knezovich, to ' adopt Ordinance No. 98, 1981, on First Reading and to request that staff 91011 August 4, 1981 ' come back in 3 months with a Water Board report detailing the impacts on the cost of development, Poudre River, Windy Gap and businesses coming into the community and also the current water rates on the open market. Yeas: Councilmembers Cassell, Elliott, Horak, Knezovich, and Reeves. Nays: Wilmarth. THE MOTION CARRIED. Ordinance Adjusting the Street Oversizing Fees, Denied on First Readina Following is the City Manager's memorandum on this item: "Council voted that a street oversizing fund be established in September, 1979. The fees were established as follows: Residential - $221.00 Per Dwelling Unit Commercial/Industrial - $2,000.00 Per Gross Acre Council instructed staff to review the fee structure quarterly and adjust ' accordingly. One increase was authorized in August, 1980 to the following: Residential - $254.00 Per Dwelling Unit Commercial/Industrial - $2,296.00 Per Gross Acre This reflected approximately a 15% increase in construction.costs. Staff has projected some sizable deficiencies in the commercial portion of the fee. For example, at the Arena project staff projects a deficit of approximately $30,000 and on sites such as the Brown Farm Commercial, a deficit of approximately $66,000 is projected. The industrial fee, like the residential fee, appears to be within the correct range with periodic construction cost adjustments. Therefore, staff recommends 14% construction cost increases in the residential and industrial fees but we see the need to break-out the commercial fee to a higher base, namely $3,500 per acre at this time. The attached Ordinance raises the residen- tial fee to $290/D.U.; the industrial fee to $2,750/gross acre, and the commercial fee to $3,500/gross acre. In the event of a joint use, the higher cost use would be applicable. These adjustments were presented to the Homebuilders-Public Works joint meetings in June and July. There was no adverse comment from the I home - builders." 302 ' August 4, 1981 Councilmember Cassell questioned the 52% increase in the commercial fee, noting the industrial fee had only increased 19%. City Manager Arnold replied that when the fee was implemented a year ago, careful calculations were done to determine reasonable fees in all 3 categories. Council, at that time, thought the commercial fee was too high and changed it to the $2,000/gross acre. Since then, staff has been convinced that the original fee plus inflation was the right figure. In addition, the homebuilders feel they are subsidizing commercial develop- ment. Mauri Rupel, Development Engineer, explained that surveys had been done of areas that were basically commercial and those surveys indicate a deficit would occur in both areas surveyed. Councilmember Elliott expressed concern about passing fee increases from 15% to 52% and recommended the item be held for additional information. City Manager Arnold suggested the item be brought back at the August 25th work session with supplemental information. Councilmember Elliott made a motion, seconded by Councilmember Reeves, ' to adopt Ordinance No. 99, 1981, on First Reading. Yeas: Councilmembers Horak and Reeves. Nays: Councilmembers Cassell, Elliott, Wilmarth, and Knezovich. THE MOTION FAILED. Resolution Adopted Approving a Preliminary Design Services Contract with Engineering Professionals, Inc. for Improvements to City Park Following is the City Manager's memorandum on this item: "The award of a professional services contract in excess of $20,000 re- quires approval by Council under the CPM/CS guidelines. This contract is required to initiate the preliminary design services of the 'Improvements to City Park' project. All the necessary procedures of the CPM/CS for the selection of profes- sional design services have been completed. Engineering Professionals, Inc. submitted the most favorable proposal. On April 7, 1981, the citizens of Fort Collins approved a bond issue for improvements to several parks within the City of Fort Collins. Included as ' one of these projects was the Improvements to City Park. 303 August 4, 1981 ' These design services include: the design of a combination mens/womens toilet room and storage building adjacent to the ballfields; improvements of the dugouts, bleachers, and pressbox for the south ballfield; the design of a toilet room on the east side of City Park; the evaluation of possible improvements to the bathhouse, concession stand, ticket area at the Outdoor Pool; the civil engineering design of all the traffic flow improvements as recommended in the "Transplan Study" dated February, 1981; and estimated costs of all the associated improvements in order for the City to select what improvements will be done at this time. Also, included with these improvements, but not associated with this contract, is the design and construction of an irrigation system around the playground area. Following is the schedule: Complete preliminary design: October, 1981 Complete final design: January, 1982 Receive construction bids: February, 1982 Complete construction: Fall, 1982" Councilmember Knezovich asked how many civil engineers were on the City ' staff. City Manager Arnold replied that there were approximately 15 in all areas. Councilmember Knezovich then asked if staff had considered doing this work "in-house" before putting it out to bid. City Manager Arnold stated that it had been considered, but in this case there is only one civil engineer in the Parks Department who works almost full-time on the open space and trails project. An engineer would have to be taken from Water and Sewer or Engineering, which isn't the specialty for park design. Councilmember Knezovich made a motion, seconded by Councilmember Elliott, to adopt this Resolution approving the contract with Engineering Profes- sionals, Inc. Yeas: Councilmembers Cassell, Elliott, Horak, Knezovich, Reeves, and Wilmarth. Nays: None. THE MOTION CARRIED. Presentation of Mayor for the Day Certificate to Coach Dan Reeves Coach Dan Reeves of the Denver Broncos was present at 6:45 p.m, to receive ' a Mayor for the Day certificate from the City Council. Coach Reeves com- 304 August 4, 1981 mented on the Bronco training facilities at C.S.U. and spoke favorably about their experiences in Fort Collins. Ordinance Authorizing the Issuance of City of Fort Collins General Obligation Park Bonds dated September 1, 1981, in the Aggregate Principal Amount of $3,000,000, Adopted as Amended Following is the City Manager's memorandum on this item: "In April, the voters of Fort Collins authorized the issuance of $5,065,000 General Obligation Bonds to finance community park projects. This ordinance authorizes issuance of $3,000,000 to finance construction through 1982." City Attorney Liley noted there were blanks in the Ordinance that needed filling in. She noted on page 3 of the Ordinance, the name of the pur- chaser, First National of Chicago, should be inserted. On page 4, the coupon interest rates need to be inserted and on page 6, the net effective interest rate of 11.065% should be included. City Manager Arnold stated the interest rate was high but the projects need to be done. The interest rates are not expected to go down in the next 6 months and he recommended going ahead. Dunn Krahl, Boettcher and Company, spoke to the interest rate situation, noting it was his opinion the Federal Reserve policy would not change in the next few months, thus the tight money policy would continue and in- terest rates will not come down until the first quarter of 1982. Councilmember Reeves made a motion, seconded by Councilmember Horak, to amend the Ordinance as indicated by the City Attorney. Yeas: Council - members Cassell, Elliott, Horak, Knezovich, Reeves, and Wilmarth. Nays: None. THE MOTION CARRIED. Councilmember Cassell made a motion, seconded by Councilmember Reeves, to adopt Ordinance No. 100, 1981, as amended, on First Reading. Yeas: Councilmembers Cassell, Elliott, Horak, Knezovich, Reeves, and Wilmarth. Nays: None. I THE MOTION CARRIED. 305 August 4, 1981 ' Citizen Participation A. Proclamation for, Home Health Care Week (August 23-28, 1981) will be delivered to the appropriate persons. B. Councilmember Reeves presented a Plaque of Appreciation to former Councilmember Burton C. Kross, who will be moving.to Sudbury, Massachusetts this week. C. Lisa Curtis, C.S.U. Consumer Protection Office, spoke about the function of her office, noting that they were applying for funds through the Human Resources Board. She -noted their particular financial problems and asked that Council recognize the service they provide when allocating the funds. No Action Taken on Resolution Authorizing the City Manager to Enter into Contract with Transplan Associates and Mr. Dennis Swain for Professional Services ' Regarding the Extension of Lemay Avenue, Revised Study Authorized Following is the City Manager's memorandum on this item: "The attached Resolution would authorize the City Manager to enter into contract with Transplan Associates, Inc. and Mr. Dennis Swain to perform preliminary engineering design and a socioeconomic analysis of the Lemay extension alternatives. These are two separate contracts. Transplan will develop the preliminary engineering design material for the future alignment of Lemay between Highway 14 and Willox Lane. The four alternatives to be examined include: Alternate I - Existing alignment Alternate II - 1000 feet + east of existing alignment Tsouth of Lincoln Ave. to Willox Lane) Alternate III - 1000 feet + east of existing alignment Tnorth of Lincoln Ave. to Willox Lane) Alternate IV - Westerly alignment - Lemay Ave./ Buckingham St./Redwood St./Conifer St. Each alternative will be examined from an implementation schedule perspec- tive. I 306 August 4, 1981 Transplan will also be responsible for identifying the alignment of the interim Fort Collins Parkway between Timberline Road extended and Highway 287. They will also develop the center line alignment of the Fort Collins Parkway east of Highway 287. The contract with Transplan will be set at $18,500. The Transportation Unit of Public Works will manage this contract. Mr. Dennis Swain will perform under separate contract the socioeconomic analysis of the four Lemay Ave. extension alternates. Mr. Swain is a local planning consultant. He was responsible for developing the LaPorte Area Plan for Larimer County which, among other factors, looked at the socio- economic impacts of the Bypass alternatives in this area. The scope of work to be performed includes: Documentation of existing conditions and neighborhood character- istics including future plans for ultimate use of undeveloped property. 2. Analysis of both the direct and indirect impacts of the four ' route alternatives. Direct impacts would include, but not be limited to, residential relocation, changes in accessability and changes in property values. Indirect impacts would include, but not be limited to, changes in neighborhood cohesiveness, inter- action and expected land uses. The positive and negative effects of all alternatives will be identified, analyzed and documented. 3. Mitigation measures will be proposed that would reduce or elimi- nate the negative effects of the various route alternatives. The contract with Mr. Swain will be set at $4,500. The Planning Division will manage this contract. Both contracts include specific citizen participation meetings. Coordina- tion with the County and Highway Department are also included. The con- tracts call for an immediate start on the project with a completion date set for no later than December 1, 1981. Both firms are aware of our desire to complete the study as soon as possible. The.contracts will incorporate a coordination work requirement. The technical material developed by Transplan will be made available to Mr. Swain upon its earliest completion to insure compliance with the contract deadlines. We will cover the cost of these two contracts through the savings on the ' Prospect St. Underpass Project." 307 August 4, 1981 Councilmember Horak asked how this study differs from the earlier Centen- nial study. City Manager Arnold replied the purpose of this study was to firm up the east -west parkway alignment from College to the Lemay extension as well as to look at the four options for the Lemay extension. The following persons spoke in favor of a route that would not follow the existing Lemay Avenue but would be to the east of the current roadbed and also for the necessity of making a decision so that area homeowners would know where they stand: 1. Edward Paul Gavaldon, 612 9th Street, attorney. 2. James Alarid, 608 9th Street 3. Margaret Mitchell, 809 E. Elizabeth 4. Jessie Garcia -Hernandez, 227 S. Whitcomb 5. Ernesto Leon, 5605 Gabriel Dr., Loveland Councilmember Cassell stated that after reading the original Centennial study, he felt the information it contained is still basically correct and that he could make a decision based on that study. He added that he ' favored an eastern alignment and objected to spending the money for an additional study when there are no immediate plans to construct the e. tension. Councilmember Elliott made a motion, seconded by Councilmember Cassell, to adopt this Resolution. Councilmember Reeves noted that she did not feel another socioeconomic study was necessary when Council was basically in agreement that the route should take an easterly alignment. She added that she would like to see the other portion of the study address how the proposed parkway and the Lemay extension would intersect. Councilmember Knezovich agreed with Councilmember Cassell that Council's time and resources would be better spent looking at the options and ne- gotiating with the railroad for a new crossing rather than entering into a new study. The vote on the previous motion to adopt the Resolution was as follows: Yeas: None. Nays: Councilmembers Wilmarth. THE MOTION FAILED. Cassell, Elliott, Horak, Knezovich, Reeves, and 1:1 August 4, 1981 Secretary's note: Councilmember Horak left the meeting at 8:10 p.m. Councilmember Knezovich made a motion to enter into a contract,with Trans - plan to study the two easterly alignments and excluding the socioeconomic portion to be done by Dennis Swain. The motion died for lack of a second. Councilmember Cassell again stated he felt no study should be done at this time because of the undecided priority of the project. . Councilmember Reeves made a motion, seconded by Councilmember Knezovich, to direct staff to enter into an engineering contract with Transplan for a revised and reduced scope of design study concentrating on the two easterly routes for Lemay Avenue extended. Mayor Wilmarth stated that he felt it was critical to determine the rail- road's position on this matter before undertaking another study. City that Manager Arnold replied that the railroad's they would trade therefore, position has always been crossings; if an .eastern crossing is opened, the one at 9th and Vine would probably be closed. Mr. James Alarid stated the residents are aware the railroad crossing would be closed but would rather have that than the widened road on its existing route. The vote on Councilmember Reeves' previous motion was as follows: Yeas: Councilmembers Elliott, Knezovich, and Reeves. Nays: Councilmembers Cassell, Wilmarth. THE MOTION CARRIED. Resolution Adopted Authorizing the City Manager to Execute Urban Mass Transportation Grant Agreement Following is the City Manager's memorandum on this item: "The City of Fort Collins has been awarded a Capital Improvement Assistance Grant under the Urban Mass Transit Act of 1964, as amended. This grant has ' been awarded pursuant to the application filed by the City and authorized by Council Resolution 81-37 passed on March 17, 1981. 309 August 4, 1981 The Urban Mass Transportation Administration requires, as a condition of the grant, that the City Council authorize, by Resolution, the execution of the grant agreement documents by the City Manager. The Administration further requires that the execution be witnessed. Accordingly, the at- tached Resolution is for the purpose of authorizing the City Manager to execute, on behalf of the City of Fort Collins, the Urban Mass Trans- portation Administration Grant Agreement and the witnessing thereof by the City Clerk. The following agenda item is an Ordinance appropriating $4,538,700 for four replacement buses and the construction of a Transfort facility." Sue Beck, 1712 B Heritage Circle, # 45, presented a petition containing 105 signatures supporting the expansion and continuation of Transfort. Councilmember Knezovich asked if one of the ingredients of an Enterprise Fund is user charges for services. City Manager Arnold replied that was the way it is now although Council had discussed free service. ' Mayor Wilmarth indicated that the concept of free service would involve charging through some other mechanism than the fare box such as utility billing or some other avenue. Councilmember Reeves made a motion, seconded by Councilmember Knezovich, to adopt this Resolution. Yeas: Councilmembers Cassell, Elliott, Knezovich, Reeves, and Wilmarth. Nays: None. THE MOTION CARRIED. Ordinance Appropriating Unanticipated Revenue in the Capital Projects Fund, Adopted on First Reading Following is the City Manager's memorandum on this item: "The City has been awarded a Capital Improvement Assistance Grant under the Urban Mass Transit Act of 1964, as amended. This is consistent with Council Resolution 81-37 passed on March 17, 1981, authorizing the City Manager to apply for the Grant. The Capital Grant Project will be used to provide additional capacity on Transfort routes and construct an adminis- trative, maintenance, and storage facility. Specifically, this project I entails: 310 August 4, 1981 The acquisition of four 30 foot transit coaches to replace four 18-passenger Mercedes-Benz buses. - The design, engineering, construction and equipping of a 35,100 sq. ft. administrative, maintenance and storage facility. The total cost of this project is estimated to be $4,538,700 with local participation to be $907,740. Expenditures would begin in 1982 and con- tinue through 1984. The matching funds necessary for 1982 have been included in Transfort's Proposed 1982 Budget, and will be transferred to the Capital Projects Fund to be expensed. It is estimated that our local share for 1982 will not exceed $100,000. .The bulk of funds will be spent during 1983. This Ordinance appropriates $4,538,700 for this. project. UMTA Grant (80%) $3,630,960 City Match (20%) $ 907,740 Total Project $4,538,700 ' It is important that we appropriate these funds so that we can immediately begin the bid procedure to acquire the four replacement buses. The time required to place an order and actually receive the buses will range from 9-18-months, depending on vendor delivery schedules." Councilmember Reeves made a motion, seconded by Councilmember Cassell, to adopt Ordinance No. 101, 1981, on First Reading. Yeas:. Councilmembers Cassell, Elliott, Knezovich, Reeves, and Wilmarth. Nays: None. THE MOTION CARRIED. Resolution Adopted Authorizing the City Manager to Execute and Submit an Application for a Federal Operating Assistance Grant Pursuant to Section 18 for 1982 Following is the City Manager's memorandum on this item: "Staff has prepared an application for Federal operating assistance for the year 1982 pursuant to Section 18 of the Urban Mass Transportation Act of 1964, as amended. Approximately $60,000 is potentially available to Fort Collins on a non -discretionary (non-competitive) basis. There is also approximately $386,000 available on a statewide discretionary basis. 311 August 4, 1981 Transfort has requested $308;582 through this grant with $86,500 designated for Care -A -Van. In 1981 the City received $339,229 in federal operating assistance funds. A public notice of intent to apply for these funds was issued and no requests for a public hearing were received. Applications are due August 7, 1981. The availability and distribution procedure for these funds should be determined by the end of 1981. Approval of this grant would require City Council to formally commit a matching share of $137,467. The 1982 Transfort budget, when approved by City Council, would provide the matching funds for this grant. If this grant is federally approved, our funding requirements for Transfort opera- ting costs will be reduced and, accordingly, staff recommends adoption of the Resolution." Councilmember Knezovich made a motion, seconded by Councilmember Cassell, to adopt this Resolution. Yeas: Councilmembers Cassell, Elliott, Knezo- vich, Reeves, and Wilmarth. Nays: None. THE MOTION CARRIED. Resolutions Adopted Appointing Representatives to the ' Metropolitan Planning Organization Policy Board and the Care-A-Van/City Consolidation of Services Committee Following is the City Manager's memorandum on this item: "The first. Resolution attached appoints a Council representative to the Metropolitan Planning Organization Policy Board. Council had expressed interest in appointing a representative to this Board to involve the Council in the policy making activities of the MPO. The term of this appointment is indefinite. The second attached Resolution appoints a City representative to the Care-A-Van/City Consolidation of Services Committee. This committee is studying the feasibility of consolidation of services. The term of ap- pointment to this committee is also being left open. Council needs to select representatives for each committee and adopt the Resolutions." Councilmember Reeves made a motion, seconded by Councilmember Cassell, to adopt the Resolution appointing Gerry Horak to the Metropolitan Planning Organization Policy Board. Yeas: Councilmembers Cassell, Elliott, Knezo- , vich, Reeves, and Wilmarth. Nays: None. 312 ' August 4, 1981 THE MOTION CARRIED. Councilmember Cassell made a motion, seconded by Councilmember Reeves, to adopt the Resolution appointing E. John Clarke to the Care -A -Van Consoli- dation of Services Committee. Yeas: Councilmembers Cassell, Elliott, Knezovich, Reeves and Wilmarth. Nays: None. THE MOTION CARRIED. Councilmembers' Reports Councilmember Cassell reported on the Platte River Power Authority Board meeting held on July 30. He noted that Rawhide was on its time schedule and approximately 15% completed. Councilmember Knezovich stated that the Downtown Development Authority Plan of Development would be presented to the Planning and Zoning Board on August 5th. Council asked that the Downtown Development Authority bylaws be presented at the August llth work session. ' Mayor Wilmarth reported on his briefing trip to Washington, D.C. on the President's Recovery Program. He noted that approximately 250 western states' representatives were in attendance. Other Business Resolution Adopted Authorizing the City Manager to Execute an Agreement with Prospect Land Co. for the Exchange of Certain Lands and Easements Adjacent to Wastewater Treatment Plant No. 2 Following is the City Manager's memorandum on this item: "The City has applied for a grant from the United States Environmental Protection Agency for the City's Sludge Management Plan. As a part of this plan, it is necessary to acquire an easement in the vicinity of Wastewater Treatment Plant No. 2 for the transmission of sludge to the City's sludge farm. This easement is to be located across lands presently owned by the Prospect Land Company and, prior to obligation of grant funds by the E.P.A., the City must complete the acquisition of this easement for the sludge transmission line. In addition, there are certain lands adjacent to the Wastewater Treatment ' plant which are owned by the City but are marginally usable for municipal 313 August 4, 1981 1 purposes. Other lands in the vicinity are owned by Prospect Land Company and would be usable by the City for sludge drying beds and other purposes. Accordingly, the staff has prepared an agreement which would provide that the City exchange to Prospect Land Company certain lands presently owned by the City but marginally usable for municipal purposes in exchange for the conveyance of the aforementioned sludge transmission easement and other lands to the City. This exchange would be accomplished without the pay- ment, by the City or Prospect Land Company, of additional funds but would require the City to fence the bordering property within one year and would require Prospect Land Company to deliver to the City and compact 2500 cubic yards of fill dirt within six months. In view of the necessity of acquiring this easement prior to the E.P.A. obligating grant funds, staff recommends approval, by motion, of this agreement." Councilmember Cassell made a motion, seconded by Councilmember Reeves to adopt the Resolution. Yeas: Councilmembers Cassell, Elliott, Knezovich, Reeves and Wilmarth. Nays: None. THE MOTION CARRIED. ' Landmark P.U.D. Appeal Freeman Smith, 1000 W. Prospect, appeared to inquire about the procedure the appeal would take. Mr. Smith was instructed to consult with the City Attorney's office for guidance. Adjournment Councilmember Cassell made a motion, seconded by Councilmember Elliott, to adjourn the meeting to 1:00 p.m. on August 11th for the swearing in cere- mony for new Councilmember E. John Clarke. Yeas: Councilmembers Cassell, Elliott, Knezovich, Reeves and Wilmarth. Nays: None. The meeting adjourned at 9:35 p.m. ATTEST: Mayor City er , 314