HomeMy WebLinkAboutMINUTES-04/02/1985-RegularApril 2, 1985
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council -Manager Form of Government
Regular Meeting - 6:30 p.m.
A regular meeting of the Council of the City of Fort Collins was held on
Tuesday, April 2, 1985, 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: Clarke, Estrada, Horak, Knezovich, Ohlson, Rutstein, and
Stoner.
Staff Members Present: Arnold, Huisjen, Krajicek, Shannon, Lewis, L.
Hopkins.
Agenda Review: City Manager
City Manager Arnold noted the appellant had requested Item #25, Resolution
Adopting Findings and Setting Forth the Conditions for Approval of the
Arbor Commercial Plaza PUD Preliminary Plan, be withdrawn from the Consent
Agenda.
Consent Calendar
This Calendar is intended to allow the City Council to spend its time and
energy on the important items on a lengthy agenda. Staff recommends
approval of the Consent Calendar. Anyone may request an item on this
calendar be "pulled" off the Consent Calendar and considered separately.
Agenda items pulled from the Consent Calendar will be considered separately
under Agenda Item N34, 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. Second Reading of Ordinance No. 29, 1985, Annexing Approximately 8.567
Acres, Known as Fossil Creek Third Annexation.
This ordinance was unanimously adopted: on First 'Reading on March
19. The applicant, Paul Heffron, is requesting annexation of approxi-
mately 8.567 acres on behalf of Kensington Properties, the owner. The
site is located east of U.S. Highway 287 and is intersected by Fossil
Creek Parkway.
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Second Reading of Ordinance No. 30, 1985, Zoning Approximately 8.567
Gres, Known as FossilCreekThird nnexation into the B-P, Planned
Business, Zoning District.
This ordinance was unanimously adopted on First Reading on March
19. The request is for B-P, Planned Business, zoning with a PUD
condition. Fossil Creek First Annexation (the property to the north)
was zoned B-L, Limited Business. The applicant had originally re-
quested H-B, Highway Business, zoning for Fossil Creek Third Annexa-
tion, but was persuaded by staff to request the B-P designation.
6. Second Reading of Ordinance No. 31, 1985, Annexing approximately 8.15
acres Known as the Hull Place nnexation.
This ordinance was unanimously adopted on First Reading on March
19. The applicants, Marlene and Vince Shryack, are requesting an-
nexation of approximately 8.15 acres located south of Hull Street and
approximately 1,000 feet east of Taft Hill Road. The annexation is a
100% voluntary annexation in that the applicants are the sole owners
of the property. The annexation achieves 1/6 contiguity via Spring -
brook Two Annexation to the north and the Village Square Annexation to
the east. Eventually an extension of Swallow Road to Taft Hill Road
will pass through the southern part of this parcel. Right-of-way will
be obtained when a development plan is submitted.
7. Second Reading of Ordinance No. 32, 1985, Zoning Approximately 8.15
acres, Known as the Hull Place Annexation into the - , Planned
Residential onina District.
This ordinance was unanimously adopted on First Reading on March
19. The applicants, Vince and Marlene Shryack, are requesting zoning
on approximately 8.15 acres, known as Hull Place Annexation into the
R-P, Planned Residential, zoning district.
8. Second Reading of Ordinance No. 33, 1985, Vacating a Drainage Easement
at Fairbrooke SID.
This ordinance was unanimously adopted on First Reading on March
19. The City has been requested to vacate 17 feet of an unnecessary 25
foot drainage easement on Cedarwood Drive. The other 8 feet will be
retained as a utility easement. All affected utilities have been
contacted and have indicated no problems with the request.
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Second Reading of Ordinance No. 34, 1985, Appropriating Prior Year
Undesignated Reserves in the Parkland Fund for Golden Meadows Park and
Designating Available Appropriations in the Capital Projects Fund for
SaTetY Juriacino and Landscdpinq at the Holland Moore Handicap Play-
ground
This Ordinance was unanimously adopted as amended on First Reading on
March 21 and appropriates $60,000 of prior year undesignated reserves
in the Parkland Fund for the construction of Golden Meadows Park. In
addition the ordinance designates an additional $20,000 of available
appropriations in the Rolland Moore Park project of the Capital
Projects Fund for the construction of a handicapped playground at
Rolland Moore Park.
10. Second Reading of Ordinance No. 35, 1985, Relating to Affidavits of
Intent for Write -In Candidates for Council Office.
This ordinance was unanimously adopted on First Reading on March
19. At the March 5 election, 150 write-in votes were cast for candi-
dates for Council office. Since the City has no provisions for
registration of write-in candidates, all write-in votes had to be
counted. An ordinance limiting the write-in votes to candidates who
have filed affidavits.of intent at least 5 days before the election
will establish procedures for write-ins and require that -write-in
votes for only registered write-in candidates be counted.
The Colorado Municipal Election Code allows a municipality to adopt
such an ordinance.
11. Second Reading of Ordinance No. 36, 1985, Appropriating Unanticipated
Revenue in the Light & Power Fund.
This ordinance was unanimously adopted on First Reading on March
19. In May 1984 the Fort Collins Light and Power Utility received a
$29,000 grant from the Colorado Office of Energy Conservation (DEC).
The grant originates from the U.S. Department of Housing and Urban
Development's Solar Energy and Energy Conservation Bank Program.
The grant will be used to provide funding for energy conservation
measures made by Fort Collins residents who are at or below 80 percent
of median income level. SEEC provides a grant of 50 percent of the
recipient's expenditure on�energy conservation measures - guarantee of
which must be made in order to receive the grant. This program
dovetails well with the Zero Interest Loan (ZILCH) program in that a
SEEC grant recipient might possibly finance his 50 percent of the
conservation expenditure with a ZILCH loan.
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12. Second Reading of Ordinance No. 37, 1985, Authorizing the City Manager
to Enter into an Agreement for the Lease/Purchase of Vehicles and
auiomen an a perry60/model 8 Computer and PeripheralEquipment.
This ordinance was unanimously adopted on First Reading on March 19.
The City solicited lease/purchase financing proposals from approxi-
mately 20 firms with 9 responding. The bids were opened at 11:00
a.m, on March 14. The lowest net effective interest rate of 8.682%
was received from GELCO Municipal Services. Money for the 1985 lease/
purchase payments was budgeted when the 1985 Budget was adopted in
October, 1984.
13. Items Relating to the Creation of Rossborough Special Improvement
District No. 85.
A. Resolution Accepting a Petition of the Property Owner Regarding
the Initiation of a Special Improvement District.
B. Resalution Accepting the Report of the Costs, Assessments, and
Plans for Rossborough Special Improvement District No. 85.
C. Hearing and First Reading of Ordinance No. 40, 1985, Relating to
the Creation and Organization of Special Improvement District No.
85.
The purpose of this Special Improvement District is to construct, in
two phases, the concrete curbs, gutter and sidewalk; street paving,
street lighting, water, sanitary sewer, and storm drainage facilities
for the interior streets for the Third Filing of Rossborough Subdi-
vision, the north side of Horsetooth Road and the East side of Taft
Hill Road, as dedicated in the First Filing of Rossborough Subdivision.
14. Hearing and First Reading of Ordinance No. 41, 1985, Amending Section
7-9 of the Code of the City of Fort Collins in so far as it Relates to
Enforcement of the Code of the City of Fort Collins.
The proposed Ordinancewould amend Section 7-9 of .the Code of the City
of Fort Collins to include Transportation Technicians appointed as
Special Officers by the Chief of Police and members of the Poudre Fire
Authority appointed as Special Officers by the Chief of Police in the
list of persons who qualify as Peace Officers.
The purpose of adding Transportation Technicians to the list of Peace
Officers is to allow the Chief of Police to appoint certain techni-
cians as Special Officers to handle traffic -related problems such as
parking enforcement and towing in connection with snow removal, street
cleaning, construction, etc.
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April 2, 1985
As to members of the Poudre Fire Authority, the purpose of this
addition is to allow the Chief of Police to appoint certain members of
the Poudre Fire Authority as Special Officers so that they may enforce
provisions of the Code which relate to fire protection requirements.
15. Hearing and First Reading_ of Ordinance No. 42, 1985, Amending Chapter
112 of the Code of the City of Fort Collins to Better Enable the City
to Operate and Enforce Its Pretreatment Program.
The EPA recently completed a review of the City's Industrial Pretreat-
ment Program. In their findings, specific changes in the City's
Wastewater Utility Ordinance were recommended that would facilitate
operation and enforcement of the industrial pretreatment program.
The amendments correct specific sections of the code by:
1) Incorporating applicable pretreatment standards into special
agreements and contracts.
2) Requiring affected industrial users to comply with the Federal
Categorical Pretreatment Standards and corresponding reporting
requirements.
3) Permitting industrial pretreatment inspections to be performed of
any user at any reasonable time to ascertain compliance with the
Code.
4) Stating that wastewater constituents and characteristics will not
be recognized as confidential information.
16. Resolution Authorizing Renewal of an Agreement Between the City and
Union Pacific Rai ad roAllowing for the Continued Operation and
Maintenance of a 12-inch Waterline in the Railroad Right -of -Way.
This Resolution authorizes renewal of an existing agreement originally
signed in March, 1965, allowing the City to operate and maintain a
12-inch waterline in the railroad right-of-way at the intersection of
Lemay Avenue and Riverside. The renewal will extend the agreement to
March, 1995. Union Pacific is requiring payment of $100 for the right
to encroach upon their right-of-way, and $100 for preparation of the
agreement.
17. Resolution Approving a Temporary Use Permit with the Northern Colorado
Water Conservancy District for 9 Acre -Foot Units of CBT Water.
From time to time Northern Colorado Water Conservancy District (NCWCD)
water is turned over to the City of Fort Collins for satisfaction of
water rights requirements or'in exchange for city water certificates.
J. Moody is transferring 9 units of CBT water. The water will be
credited to John Payne for Hill Pond on Spring Creek, 2nd filing.
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April 2, 1985
18. Resolution Approving a Temporary Use Permit with the Northern Colorado
Water Conservancy District for 50 Acre -Foot Units of CBT Water.
From time to time Northern Colorado Water Conservancy District (NCWCD)
water is turned over to the City of Fort Collins for satisfaction of
water rights requirements or in exchange for city water certificates.
Harold Webster is transferring 50 units of CBT water to the City in
exchange for a city water certificate.
19. Resolution Authorizing the City to Take Action as Required to Amend
its Small Reclamation Project Loan for Joe Wright Reservoir.
This resolution would authorize the City Manager to take the necessary
steps to amend its Small Reclamation Project Loan for Joe Wright
Reservoir.
This item is basically a bookkeeping item to make the Joe Wright
Reservoir loan contract conform to the revised federal law. No other
provision of the loan contract would be altered without the consent of
the City. The Bureau of Reclamation requires an appropriate resolu-
tion in order to authorize this amendment.
The change in the loan has the net effect of reducing the amount of
interest the City would have to pay in the future.
20. Resolution Authorizing the City Manager to Enter Into An Agreement
with Colorado State University to Provide Potable Water Sample Testing
forte CSU DamDUs.
The agreement provides for potable water sampling and testing on the
CSU Campus for a two year period. The format and terms are identical
to the agreement which expired on December 31, 1984.
We believe it to be in the public interest to continue the 30 water
sample tests per month.
21. Resolution Authorizing the City Manager to Enter Into an Agreement
With the Larimer - Weld Regional Council of Governments for the City s
Continued Participation to the U.S.eo ogicaSurvey Cooperative
ou re 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 $25,320.50 and 1985 funds are
budgeted.
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22. Resolution Authorizing the Ci
with Dr. William L. Boyd to Cc
the Cache La Poudre River in 19f
April 2, 1985
;y Manager to Enter Into an Agreement
itinue a Fish and Benthic Biosurvey of
The purpose of the ongoing study is to gather baseline data concerning
the impact of the City's treated wastewater effluents on the fish and
benthic organisms in the Poudre River.
The charges for 1985 would be $18,786.25 compared to $17,899 for 1984.
Dr. Boyd has completed all phases of the 1984 contract in a profes-
sional and timely manner. Money is budgeted for this work.
23. Resolution Authorizing the Mayor to Enter into a Professional Services
Agreement with the Human Factors Research Laboratory of Colorado State
University.
During the 1985 budget process, Council directed that a study be
performed on the classification system, performance pay system and the
issue of comparable worth/pay equity. Monies were approved in the
1985 budget to hire a consultant to assist the City in its work in
these three areas.
Through the standardized Purchasing process, the City solicited
requests for proposal from consultants to perform this study. Twelve
proposals were received. These proposals were reviewed by a panel and
three consultants were invited in for interviews based on the quality
of these proposals. The Human Factors Research Laboratory of Colorado
State University is staff's recommendation as the consultant to do
this work.
24. Resolution Revising 1985 Cemetery Fees and Charges
d a Memorial
The purpose of this resolution is to revise the 1985 Cemetery Fees and
Charges schedule to add a new fee for memorial foundation settings.
Specifications for the construction of foundations have been estab-
lished by staff. Resolution 84-149 (setting 1985 cemetery fees and
charges) did not contain a -memorial foundation setting fee as it was
passed prior to the adoption of the rules, and regulations, and prior
to our notification of recent Federal Court decisions. Consequently,
this resolution revises Resolution 84-149 to add a memorial foundation
setting fee to be charged when a retail monument dealer desires to
construct its own memorial foundation. A fee of $45 as set out in the
resolution is consistent with present cemetery fee setting policies.
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25. Resolution Adopting Findings and Setting Forth the Conditions for
ADDroval of t e Arbor Commercial Plaza PUD Preliminary Plan.
On March 21, 1985, the Council heard an appeal of the January 31, 1985
decision of the Planning and Zoning Board which granted preliminary
approval to the Arbor Commercial Plaza PUD. Following testimony by
staff and the developer, the Council concluded that the preliminary
approval was appropriate with the conditions that Mail Creek remain
open and that existing trees on site be preserved to the maximum
extent possible.
Ordinances on Second Reading were read by title by Wanda Krajicek, City
Cl erk.
Item 94. Second Reading of Ordinance No. 29, 1985, Annexing Approximately
8.567 Acres, Known as Fossil CreekThird nnexatton.
Item #5. Second Reading
8.567 Acres, Kno
Planned Business
of Ordinance No
m as Fossil Cree
omnq District
30, 1985, Zoning Approximate
Third Annexation into the B-
Item #6. Second Reading of Ordinance No. 31, 1985, Annexing approximately
8.15 acres Known as the Hull Place Annexation.
Item #7. Second Reading of Ordinance No. 32, 1985, Zoning Approximately
8.15 acres, Known as the Hull Place Annexation into the R-P,
Planned Residential Zoning District.
Item #8. Second Reading of Ordinance No. 33, 1985, Vacating a Drainage
Easement at Fairbrooke SID.
Item #9. Second Reading of Ordinance No. 34, 1985, Appropriating Prior
Year Undesignated Reserves in the Parkland Fund for Golden
ea ows ar and estgnattng Available Appropriations tot e
Capital Projects Fund for Safety Surfacing and Landscaping at the
Rolland Moore Handicap Playqround.
Item #10. Second Reading of Ordinance No. 35, 1985, Relating to Affidavits
of Intent for Write -In Candidates for Council Office.
Item #11. Second Reading of Ordinance No. 36, 1985, Appropriating Unantici-
pated Revenue in the Light & Power Fund.
Item #12. Second Reading of Ordinance No. 37, 1985, Authorizin the City
anager to nter Into an Agreement fort e Lease Purc ase of
e tc es and Equipment and a Sperry 80/Model 8 Computer an
Peripheral Equipment.
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April 2, 1985
Ordinances on First Reading were read by title by Wanda Krajicek, City
Clerk.
Item #13. C. Hearing and First Readi
to tTie Creation and
District No. 85.
g of Ordinance No. 40, 1985, Relatin
rganization of Special Improvemen
Item #14. Hearing and First Reading of Ordinance No. 41, 1985, Amending
Section 7-9 of the Code of the City of Fort Collins in so far as
it Relates to Enforcement of the Code of the City of Fort ollins.
Item #15. Hearing and First Reading of Ordinance No. 42, 1985, Amending
Chapter 112 of the Code of the City of Fort Collins to Better
Enable the Citv to Ooerate and Enforce Its Pretreatment Program.
Councilmember Stoner made a motion, seconded by Councilmember Horak, to
adopt and approve all items not removed from the Consent Calendar. Yeas:
Councilmembers Clarke, Estrada, Horak, Knezovich, Ohlson, Rutstein, and
Stoner. Nays: None.
THE MOTION CARRIED.
Resolution Adopting Findings and
Setting Forth the Conditions for
Approval of the Arbor Commercial
Plaza PUD Preliminary Plan, Tabled to May 21
Following is the staff's memorandum on this item:
"On March 21, 1985, the Council heard an appeal of the January 31, 1985
decision of the Planning and Zoning Board which granted preliminary ap-
proval to the Arbor Commercial Plaza PUD. Following testimony by staff
and the developer, the Council concluded that the preliminary approval was
appropriate with the conditions that Mail Creek remain open and that
existing trees on site be preserved to the maximum extent possible."
Councilmember Ohlson made a motion, seconded by Councilmember Estrada, to
adopt Resolution 85-58.
Jim Gefroh, Gefroh Associates, representing Kroh Brothers, requested that
Council reconsider the Resolution as stated and that consideration be given
to the concept of the developer contributing a sum of money or land to the'
City for off site wildlife habitat. He noted the developer agreed with
'this concept and was willing to work with Council and staff. He asked that
the developer be allowed to proceed with the plan in the form approved by
the Planning & Zoning Board.
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April 2, 1985
City Attorney Huisjen stated it would be a better practice to move to
reconsider the motion adopted on March 21 and get it back on the floor to
be amended or changed rather than attempt to modify the Resolution which
supports the original motion.
Mayor Rutstein noted she would rather have Council and staff work on this
concept as a policy matter, not with a particular project in mind. She
suggested this item be tabled to May 21 and in the interim have a work
session discussion on the policy matter.
Councilmember Clarke expressed concern about the delays to the developer
and the costs of those delays.
David Wood, attorney representing the developer, spoke of the developer's
reasons for asking Council to reconsider their decision. He noted the cost
of the delays had been discussed and that they had decided that the concept
of allowing the developer to contribute a sum of money or land for off -site
wildlife habitat was probably the only way the project would proceed.
Councilmember Clarke made a motion, seconded by Councilmember Horak, to
reconsider the motion of March 21 [to approve the Arbor Commercial Plaza
PUD, Preliminary Plan with the conditions placed by the Planning & Zoning
Board, as amended by Councilmember Ohlson, to provide that the creek bed be
left open and that efforts be taken to preserve the trees in the creek bed
(March 21, 1985, page 170)]. Yeas: Councilmembers Clarke, Estrada, Horak,
Ohlson, Rutstein, and Stoner. Nays: Councilmember Knezovich.
THE MOTION CARRIED.
Councilmember Horak made a motion, seconded by Councilmember Estrada, to
table the above motion to May 21. Yeas: Councilmembers Clarke, Estrada,
Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None.
THE MOTION CARRIED.
Ordinance Appropriating Prior Year Reserves
in the General Fund for the Purpose of
Economic Development, Tabled to Mav 21
Following is the staff's memorandum on this item:
"At the present time more than $250,000 has been paid to the City in
-the form of IDRB fees. The purpose of this Ordinance, which was adopted as
amended on First Reading on March 19 by a 6-1 vote, is to appropri-
ate a portion of these monies, ($60,000) for economic development.
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April 2, 1985
Expenditures from this appropriation will be authorized by the City Man-
ager, in order to waive any capital related development fees or agree to
construct public improvements up to the amount of $60,000 to property owned
by the Sunstrand Corporation."
Tom Clark, Chamber of Commerce representative, noted Sunstrand was in the
final decision making process and stated he felt it was not merited to
proceed with Second Reading of the ordinance until the company has actually
made a final decision. He asked that the item be tabled until such time as
final word had been received from the company.
Councilmember Horak made a motion, seconded by Councilmember Estrada, to
adopt Ordinance No. 39, 1985 on Second Reading.
Councilmember Horak made a motion, seconded by Councilmember Estrada, to
table Ordinance No. 39, 1985 on Second Reading to May 21. Yeas: Council -
members Clarke, Estrada, Horak, Knezovich, Ohlson, Rutstein, and Stoner.
Nays: None..
THE MOTION CARRIED.
Resolution Supporting the
Election of Water Conservancy
District Board Members, Adopted
Following is the staff's memorandum on this item:
"A concern has developed in various quarters with regard to the propriety
of court appointment of members of the boards of directors of various water
conservancy districts. Presently, Colorado law provides that the boards of
directors of water conservancy districts within the state shall be ap-
pointed by the District Courts in the various counties wherein the conser-
vancy districts function. The Northern Colorado Water Conservancy Dis-
trict, which functions in Larimer County as well as other counties, accor-
dingly seats a Board of Directors appointed by the various district
judges of the counties.
The Board of Commissioners of 'Pitkin County, Colorado and various other
groups (among them the "Taxpayers for Responsible- Water Projects") have
become sufficiently concerned about the effect -of• court appointment of
these boards of directors to take official action. The Pitkin County
Commissioners adopted a resolution similar to the one proposed, expressing
concerns that the court appointment of boards of directors discourages
public debate and deprives the public of an opportunity to participate in
' major economic and environmental decisions.
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Since conservancy districts are taxing entities, it is also a concern that
the appointment of the board of directors (instead of the election of the
board) results in taxation without representation. These boards have the
power to impose taxes and are charged with the responsibility of deciding
water and environmental issues that are of such vital concern to the
citizens of the regions in which their respective districts operate that
the public ought to be involved in the selection of the members of the
boards of directors by election thereof. It is my view that candidates for
these borads ought to be required (as well as afforded an opportunity) to
present and defend their views before the people through the democratic
process of election.
The Water Board at its February 15, 1985 meeting, considered this matter
and the minutes of the Water Board are attached for Council examination.
Six members of the Water Board voted in support of a change of the present
law from court appointment of the board of directors to appointment by the
County Commissioners. Three members of the Water Board supported the
election of -district board members and one member of the Water Board
supported the continued court appointment of the boards of directors
somewhat modified by Senate Bill 141, which is presently in draft form
before the Colorado State General Assembly. A copy of Senate Bill 141 '
is also attached for Council examination. One member of the Water Board
abstained."
Councilmember Horak made a motion, seconded by Councilmember Ohlson, to
adopt Resolution 85-59.
Councilmember Horak explained his reasons for supporting this Resolution.
Councilmember Stoner noted he would vote against the Resolution since a
majority of the Water Board were in favor of the appointments being made by
the County Commissioners.
Councilmember Clarke made a motion, seconded by Councilmember Stoner, to
amend the ,Resolution by inserting "appointment by the County Commissioners
in that district" in place of "election through a vote of the people" in
the NOW, THEREFORE clause.- Yeas: Councilmembers Clarke and Stoner. Nays:
Councilmembers Estrada, Horak, Knezovich, and Rutstein.
THE MOTION FAILED.
The vote on Councilmember Horak's motion to adopt Resolution 85-59 was as
follows: Yeas: Councilmembers Estrada, Horak, Knezovich, Ohlson, and
Rutstein. Nays: Councilmembers Clarke and Stoner.
THE MOTION CARRIED.
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April 2, 1985
Resolution Making an Appointment to
the Commission on Disability, Adopte
Following is the staff's memorandum on this item:
"A vacancy currently exists on the Commission on Disability due to the
resignation of Eldon Decker. The board liaison has reviewed the active
applications on file. The recommendation for this vacancy will be for-
warded under separate cover."
Councilmember Ohlson made a motion, seconded by Councilmember Stoner, to
adopt Resolution 85-60 inserting the name of Marilyn Maxwell as the new
member of the Commission on Disability. Yeas: Councilmembers Clarke,
Estrada, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None.
THE MOTION CARRIED.
Citizen Participation
' A. Proclamation Naming April 13 as Rodeo Day was accepted by a member of
the CSU Rodeo team.
B. Proclamation Naming April 14-20 as Safety Belt Awareness Week was
accepted by Po ice ief ruce Glasscock.
C. Proclamation Naming April 14-21 as Days of Remembrance of the Victims
of the Holocaust was accepted by Marcia Bankirer on behalf of congre-
gation Har Shalom.
D. Proclamation Naming the Month of April as New Homes Month was accepted
by Tom Dougherty, the
of the Northern Colorado Association of
Homebuilders.
E. Proclamation Naming the Month of April as Fair Housing Month was
forwarded to the appropriate persons.
Larry Razal, representing the Miss Fort Collins Pageant, introduced Diane
Merrill, Fort Collins' representative in the Miss Colorado pageant.
Resolutions Authorizing the City -Manager
to Enter into Agreements with the Fort
Collins Municipal Railway Society, Adopted
Following is the staff's memorandum on this item:
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"On January 29, 1985, the Fort Collins City Council directed the City staff
to prepare an operating agreement and an agreement necessary to complete
the construction of the trolley project.
A. Resolution Authorizing the City Manager to Enter into an Interim
Operating Services Agreement with the Fort Collins Municipal Railway
Society.
The operating agreement is in format similar to other agreements the
City has entered into previously. The agreement is structured to cover
the necessary requirements for the safe operation of the trolley and
describes responsibilities for the maintenance of the track, overhead
electrical lines, barn, and the trolley. The agreement also estab-
lishes rider fees, hours of operation, and operator training procedures.
Because on -going operation of the trolley has yet to be demonstrated
successfully, the agreement requires an annual review as a mechanism to
modify the agreement. The annual review allows either the Trolley
Society or the City to request changes in the agreement. As an exam-
ple, the agreement establishes certain parameters of allowable hours of
operation. At the time of annual review, the Society may request '
changes to the operational hours within those parameters. As part of
the annual review the operating budget and rider fees, may also
be reviewed and changes requested. It is the intent of the operating
agreement to establish a reasonable framework for the successful
operation of the trolley, yet offer flexibility both to the Society and
to the City to make adjustments on an annual basis as may be required.
Neighborhood input was solicited and copies of the operation and
construction agreement were distributed to approximately 250 neighbor-
hood residents. Staff kept a log of calls and the concerns raised by
those individuals. That report is included as an attachment.
B. Resolution Authorizing the City Manager to Enter into a Construction
Agreement - Addendum with the Fort Collins Municipal Railway Society.
The construction agreement is structured to cover the necessary re-
quirements for the construction of the trolley line from Roosevelt to
Meldrum and describes the responsibilities for traffic control, land-
scaping, design, use of City equipment, and inspection of the work.
A construction schedule is attached to the agreement which demonstrates
the viability of the Fort Collins Municipal Railway Society to complete
the work by August 31,.1986. The schedule will also allow scheduling
of construction activities around conflicts with other activities.
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The construction agreement has been strengthened to allow closer
supervision of the project so that the public right-of-way is pro-
tected. An example of this is the requirement of traffic control plans
for each intersection crossing and seven days notification to the City
of construction activities which will alter or obstruct normal traffic
flow. The traffic control plans will include detours, signing, and
barricading as applicable. The seven days advance notice will allow
emergency service departments to plan accordingly should an emergency
arise. Failure of the Fort Collins Municipal Railway Society to comply
with the advance notice requirement will result in a $100 per day
penalty for each day the Fort Collins Municipal Railway Society is not
in compliance.
The staff recommends that the City Council authorize the City Manager to
enter into these agreements."
The following persons spoke on this issue:
1. John Messineo, 137 North Bryan Avenue, asked why a new contract
was written rather than changing the completion date, asked which
City. codes would be enforced and which would not, and questioned
why there was no penalty for default.
2. Roger Smith, Fort Collins Municipal Railway Society, spoke to
charter operations, regular operating hours, and expresses concern
that limits to charter operations not be so strict as to prohibit
rides for educational purposes.
3. Gonzalo Roldan, 932- West Mountain, expressed concern about the
costs of maintenance of the median and the liability insurance,
and responsibilities of independent contractors on the project.
4. Nell Van Driel, 1212 West Mountain, stated the trolley was an
historic ride rather than public transportation and saw no reason
for stops along the route.
5. Dave Frick, 1300 West Mountain, suggested that the trolley not run
on July 4th for public safety reasons and expressed concern about
the extra cost associated with utility service replacement.
Councilmember Knezovich made a motion, seconded by Councilmember Stoner, to
introduce the draft of the interim operating agreement dated March 15, 1985
for further discussion.
Councilmember Horak made a motion, seconded by Councilmember Estrada, to
amend Section 3A to read:
Saturday, Sunday and City Observed Holidays - noon through
sunset or no later than 6:00 p.m.
April 2 1985
Councilmember Horak noted the purpose of this amendment was to make the
bounds of the agreement narrower in the beginning and to take a look at
making them wider later on.
Councilmember Knezovich noted he would support the hours of operation
included in the operating agreement as drafted by staff.
Councilmember Clarke felt the operating hours as suggested by staff were
fair and would not negatively impact anyone.
Councilmember Estrada felt seeing how the system worked on Saturday, Sunday
and holidays would give some indication of how it might work during other
times.
The vote on Councilmember Horak's amendment to Section 3A was as follows:
Yeas: Councilmembers Estrada, Horak, Ohlson, Rutstein, and Stoner. Nays:
Councilmembers Clarke and Knezovich.
THE MOTION CARRIED.
Councilmember Horak made a motion, seconded by Councilmember Estrada, to '
amend the first paragraph of Section 3B as follows:
B. Special Operations. The Society may contract with
individuals or groups for the Society to provide trolley service
to the individual or group during the regular operating schedule,
Saturday, Sunday and City Observed Holidays - 10:00 AM thru
sunset no later than 6:00 PM, March thru October.
Councilmember Clarke felt limiting the special operations of the trolley to
this schedule eliminated the ability to use the trolley as an educational
tool. He noted field trips are held during school hours.
Councilmember Stoner noted he could not support the amendment and noted
weekday operations would have the least impact on the neighborhood.
Joan Seegmiller, 731 West Mountain, operating manager for 1985, noted that
since regular operating hours were noon to six, the trolley society would
be limited to two hours on Saturday and two hours on Sunday for charters.
She noted their regular operating hours of noon to six had been published
in the "Passenger/Steam Train Journal" and that limits their hours for
specials.
Terry Podmore, 1205 West Mountain, asked how the Society could publish an
operating schedule before an operating agreement had been approved by
Council.
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April 2, 1985
Art Mitchell, 520 North Taft Hill Road, headmaster of the Fort Collins
Municipal Railway, again noted this schedule would eliminate school field
trips.
The vote on Councilmember Horak's amendment to the first paragraph of
Section 3B was as follows: Yeas: Councilmembers Estrada, Horak, Ohlson,
and Rutstein. Nays: Councilmembers Clarke, Knezovich, and Stoner.
THE MOTION CARRIED.
Councilmember Horak made a motion, seconded by Councilmember Ohlson, to
amend the second paragraph of Section 3B as follows:
Use of the line and car by the Society for maintenance -related
and training purposes shall not be considered a special run and
the Society is authorized to use the line for such purposes and
perform such maintenance no earlier than 9:00 AM thru sunset or
no later than 6:00 PM, any day, March thru October.
Councilmember Ohlson made a motion, seconded by Councilmember Stoner, to
amend Councilmember Horak's motion to allow maintenance and training from
8:00 AM thru sunset or not later than 7:00 PM. Yeas: Councilmembers
Clarke, Estrada, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays:
,None.
THE MOTION CARRIED.
The vote on Councilmember Horak's motion to amend the second paragraph of
Section 3B as amended by Councilmember Ohlson to change the hours to 8:00
AM thru 7:00 PM was as follows: Yeas: Councilmembers Clarke, Estrada,
Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None.
THE MOTION CARRIED.
Councilmember Horak made a motion, seconded by Councilmember Ohlson, to
delete Section 7 - Trolley Car Stops.
Gonzalo Rolden supported the motion to delete Section 7.
Art Mitchell asked that the stops be retained at intersections only as a
service to West Mountain Avenue residents.
Nell Van Driel noted this was not public transportation and felt there was
no reason for the stops.
The vote on Councilmember Horak's motion to delete Section 7 was as follows:
Yeas: Councilmembers Estrada, Horak, Ohls'on, and Rutstein. Nays: Coun-
cilmembers Clarke, Knezovich, and Stoner.
THE MOTION CARRIED.
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April 2, 1985 1
Councilmember Clarke made a motion, seconded by Councilmember Horak, to
amend Section 11 to read as follows:
11. Cooperation between City and Society. The Society
agrees to assist the City or any other party in crossing under
or over trolley tracks or lines for any reasonable purpose.
The City may require any other utility or entity making such
crossing, excluding the adjacent property owner who is making
repairs to existing water and sewer service, to pay to the
Society all actual and reasonable expenses incurred by the
Society for such crossing. The Railway Society shall reimburse
adjacent property owners for additional costs in repairing or
replacing any existing utility service that runs under the
trolley track provided the Railway Society is given reasonable
advance notice of those repairs or replacement schedules.
Terry Foppe, 622 Whedbee, suggested the Railway Society be given the option
of removing a section of track and replacing it after construction.
Art Mitchell noted removing a section of track would not be a problem as
far as operation of the trolley.
The vote on Councilmember Clarke's amendment to Section 11 was as follows: '
Yeas: Councilmembers Clarke, Estrada, Horak, Ohlson, Rutstein, and Stoner.
Nays: Councilmember Knezovich.
THE MOTION CARRIED.
The vote on Councilmember Knezovich's motion to approve the interim oper-
ating agreement as amended was as follows: Yeas: Councilmembers Clarke,
Estrada, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None.
THE MOTION CARRIED.
Councilmember Ohlson made a motion, seconded by Councilmember Clarke, to
adopt the construction agreement.
Roger Smith asked Council to modify Section 5A - Notification so that the
Society could alter or obstruct traffic flow for short periods of time
without the seven-day notification provision.
Councilmember Clarke made a motion, seconded by Councilmember Ohlson, to
amend Section 5A by adding "for a period exceeding one hour" after the
phrase "regular traffic flow".
Since Councilmembers Ohlson and Clarke were the original motion maker and
second to adopt the construction agreement, the amendment to Section 5A was
considered "friendly" and included as part of the original motion.
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1
April 2, 1985
Gail McMahon, 1319 West Mountain, expressed concern about the notification
of emergency services when streets or intersections are obstructed. She
suggested the neighborhood residents should be notified as well.
Carol Podmore, 1205 West Mountain, emphasized the Society should reimburse
the City for employee time and use of City equipment.
Counci I member. Horak made a motion, seconded by Councilmember Ohlson, to
amend Section 2C to read:
C. Construction activities shall take place between the hours of
eight o'clock a.m. and sunset or not later that 7:00 p.m.
unless otherwise approved by the City Engineer. For extended
hours the City Engineer shall provide a memorandum to the
files justifying said action.
Councilmember Clarke suggested the Society be allowed extra hours by
extending the evening deadline to sunset rather than 7:00 p.m.
Councilmember Stoner agreed with Councilmember Clarke noting he felt 8:00
p.m. would be a more reasonable time.
The vote on Councilmember Horak's motion was as follows: Yeas: Council -
members Horak, Ohlson, and Rutstein. Nays: Councilmembers Clarke, Estra-
da, Knezovich, and Stoner.
THE MOTION FAILED.
Councilmember Horak made a motion, seconded by Councilmember Ohlson, to
amend Section 2C to read:
C. Construction activities shall take place between the hours of
eight o'clock a.m. and sunset or not later that 8:00 p.m.
unless otherwise approved by the City Engineer. For extended
hours the City Engineer shall provide a memorandum to the
files justifying said action.
Yeas: Councilmembers Clarke, Estrada, Horak, Knezovich, Ohlson, Rutstein,
and Stoner. Nays: None.
THE MOTION CARRIED.
Councilmember Horak,made a motion, seconded by Mayor Rutstein, to amend
Section 4 to substitute the word "shall" in place of "may" when referring
to the Society reimbursing the City for costs. Yeas: Councilmembers
Horak and Rutstein. Nays: Councilmembers Clarke, Estrada, Knezovich,
Ohlson, and Stoner.
THE MOTION FAILED.
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April
p 1 2, 1985
Councilmember Horak made a motion, seconded by Councilmember Estrada, to
amend Section 11 to read:
11. Reports. The Society shall make a report of the construc-
tion progress to the City Engineer on a weekly basis. Such
report may be made verbally. If reports are verbally made,
the City Engineer shall provide a memorandum to the files
recording said report. The Society shall also submit in
writing to the City a report of the status of the project.
Such written report shall be submitted no later than the
last day of the months of March, June, September and Decem-
ber for the term of this agreement. Such report shall be
provided for review by the City Council and City staff for
the purpose of determining the progress of the project and
compliance with the provisions of this Agreement. The City
may also request at any time a report of the finances of the
Society. The City shall make such a request in writing to
the Society. The.Society agrees to furnish such a report
within fifteen (15) days of the receipt of such request.
Yeas: Councilmembers Clarke, Estrada, Horak, Knezovich, Ohlson, Rutstein, I
and Stoner. Nays: None.
THE MOTION CARRIED.
The vote on Councilmember Ohlson's motion to adopt the construction agree-
ment as amended was as follows: Yeas: Councilmembers Clarke, Estrada,
Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None.
THE MOTION CARRIED.
Councilmember Knezovich made a motion, seconded by Councilmember Estrada,
to adopt Resolution 85-61 (operating agreement). Yeas: Councilmembers
Clarke, Estrada, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays:
None.
THE MOTION CARRIED.
Councilmember Knezovich made a motion, seconded by Councilmember Clarke, to
adopt Resolution 85-62 (construction agreement). Yeas: Councilmembers
Clarke, Estrada, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays:
None.
THE MOTION CARRIED.
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1
ICity Y Attorne 's Report
City Attorney Huisjen reported on the findings of special counsel Roy
Howard regarding the complaint filed by Barbara Allison relating to alleged
Charter violations. He noted Mr. Howard had recommended to the City
Attorney and Municipal Judge that the allegations "do not constitute
probable cause for the prosecution of either the City Manager or any past
or present member of the City Council...."
Adjournment
Councilmember Stoner made a motion, seconded by Councilmember Horak,
to adjourn the meeting. Yeas: Councilmembers Clarke, Estrada, Horak,
Knezovich, Ohlson, Rutstein, and Stoner. Nays: None.
The meeting adjourned at 11:40 p.m.
•
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