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HomeMy WebLinkAboutMINUTES-09/03/1985-RegularSeptember 3, 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, September 3, 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, Shannon, Krajicek Agenda Review: City Manager City Manager Arnold asked that Item #19, Resolution Changing the Name of County Road 50 Within the City Limits to Busch Road, be removed from the agenda at the request of nheuser-Busch and asked that Item #23, Public Hearing and Resolution Adopting a SCORE (Mini Bond) Program Policy eport Under Section 103A of the Internal Revenue Code, be removed from the Consent Agenda since a second Rploiution needed to Be considered. Councilmember Ohlson asked that Item #13, Items Relating to the Appropriation of Funds in the Capital Projects Fund, be wit drawn from the ' Consent Calendar. Consent Calendar This Calendar is intended to allow the City Council to spend its time and j energy on the important items on a lengthy agenda. Staff recommends j 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 #34, 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 be staff or Council. These items will be discussed immediately following the Consent Calendar. 4. Approval of the Minutes of Regular Meeting of August 6, 1985. 5. Items Relating to the Annexation and Zoning of Property Known as Stute Annexation #1. A. Second Reading of Ordinance No: 88, 1985, Annexing Property Known as the Stute Annexation #1. B. Second Reading of Ordinance No. 89, 1985, Zoning Property Known as the Stute Annexation #1. 1 -408- September 3, 1985 These ordinances were unanimously adopted on First Reading on August 20. John and Leona Stute are requesting annexation and zoning of a , total of 79.7 acres located south of and including Harmony Road and west of Interstate-25. Three separate annexations are proposed in order to meet the contiguity requirements set forth in the State Statutes. Second reading of the annexation ordinances will be separated by two week intervals since #2 depends on #1 for contiguity and #3 depends on #2 for contiguity. The request is in compliance with the City of Fort Collins' Comprehensive Plan. The Stute's have requested B-P, Planned Business zoning for approximately 79.7 acres known as Stute Annexations #1, #2, and #3. 6. Second Reading of Ordinance No. 94, 1985, Transferring Funds from the Rolland Moore Park Development Project to the City Park Oak Street Bridge Pro.iect. 7. E Council adopted Resolution 85-113 on July 16, thereby accepting a grant of $79,200 from the Colorado Highway Department to reconstruct the bridge at Oak Street crossing the Larimer #2 canal entrance to the City Park ballfields. The grant is for 80 percent of the estimated cost of $99,000 (or $79,200) and will be used for design and construction. The City must provide matching funds of $19,800 for the remaining 20 percent of the project costs. This Ordinance was unanimously adopted on First Reading on August 20 and authorizes the transfer to the City Park Oak Street Bridge Project ' of $19,800 from the Rolland Moore Park Development Project, as funded by the 1981 Community Parks Bond Issue. The $19,800 has been identified by staff as not needed for the Rolland Moore Park. Second Reading of Ordinance No. 95, 1985, Appropriating Unanticipated Revenue of $29,600 from the Colorado Division of Highway Safety for the Fort Collins Drunk Driving Enforcement Program. The Police Department has been awarded a grant from the Colorado Division of Highway Safety totalling $29,600. These monies are provided from fees assessed against convicted drunk drivers across the state. These funds will -be used to support the already existing drunk driving enforcement program within the Department. The grant will provide for the majority of the salary for the patrol officer assigned to the lead on drunk driving enforcement. This Ordinance was unanimously adopted on First Reading on August 20 and appropriates the $29,600 in grant funds for expenditure in the Police Department's Drunk Driving Program. Second Readin of C municipal ai2ons. finance No. 96, 1985, Relati to Precincts for This ordinance was unanimously adopted on First Reading on August 20 and establishes new precinct boundaries as defined on the ' -409- September 3, 1985 District -Precinct map dated August 20, 1985. The map does not change District boundaries, which were established for the March 5 District election. 9. Second Reading of Ordinance No. 97, 1985, Appropriating Unanticipated Revenue of S9,258 for the Library Outreach Program. Council adopted a resolution authorizing the Mayor to enter into an intergovernmental agreement with Larimer County for the purpose of providing library outreach services to residents of Larimer County on February 19. This ordinance was unanimously adopted on First Reading on August 20 and appropriates the unanticipated revenue that is now necessary. 10. Second Reading of Ordinance No. 98, 1985 Vacating A Portion of the Right -of -Way of East Stuart Street for the Pool/kink. This ordinance was unanimously adopted on First Reading August 20. For traffic circulation at the Fort Collins Natatorium and Ice Arena, traffic will be channeled to Riverside and kept off Stuart. We now need to vacate the right-of-way for East Stuart Street. The entire area of the right-of-way shall be retained as a utility and access easement. 11. Second Reading of Ordinance No. 99, 1985 Vacating a Utility Easement in Raintree P.U.D. This Ordinance was unanimously adopted on First Reading on August 20. A portion of Raintree P.U.D. was replatted to Raintree Commercial P.U.U. As a result,- the utility easement along the south property line is no longer required and, because it is located where a building is planned, the Developers are requesting that it be vacated. All utilities have been contacted and have indicated no problems with the vacation. 12. Second Reading of Ordinance No. 100, 1985, Vacating Easements and Right -of -Way for a Portion of the ri inal Plat of Greenbriar Subdivision and the Easements and Rights -of -Way for the Same Portion of Val Vista Annexation and oninq Plat. The Replat of Greenbriar Subdivision was approved by the Planning and Zoning Board on July 24, 1985. There currently exists three sets of easements and rights -of -way that are no longer needed and the developer is requesting that they be. vacated. Two of these are plats which had been previously approved ,within the replatted area. The other was dedicated by separate document. This ordinance was unanimously adopted on First Reading on August 20 and will vacate these old easements allowing the newly platted ones to take precedence. All utilities have been contacted and have indicated no problems with the vacation. -410- September 3, 1985 13. Items Relating to the Appropriation of Funds in the Capital Projects Fund. 14 15. A. Hearing and First Reading of Ordinance No. 101, 1985, Appropriating $29,000 to the City Hall West Wing.Walls Project from the Capital Projects Prior Year Reserves and Transferring $15,600 from the 1985 General Fund Budget. Approval of this ordinance provides funding to repair the wing walls leading into City Hall West and make modifications in the entrance ramp to be completely handicapped accessible. B. Hearing and First Reading of Ordinance No. 102, 1985, Transferring $73,OOU From Transportation Services Fund to the Service Center Building "B" Renovation Project in the Capital Projects Fund and Appropriating This Money in the Capital Projects Fund. This ordinance will transfer money previously appropriated from Prior Year Reserves in the Transportation Fund for the renovation of Service Center Building "B". Hearing and First Reading of Ordinance No. 103, 1985, Appropriating M4 7 in Unanticipated Revenue from the Colorado istorical Society in the Cultural Services and Facilities Fund for the Museum. The Fort Collins Museum was recently awarded a Local Assistance Program grant in the amount of $457 from the Colorado Historical I Society, Denver, and hereby requests that those monies be appropriated by the City of Fort Collins in the Cultural Services and Facilities Fund for the Museum. This particular grant will enable the Fort Collins Museum to hire a person to transcribe museum artifact information from 350 worksheets onto 5 x 7 cards and to file them in the museum's existing catalog system. Resolution Authorizing the City Manager to Enter into a Professional Services Agreement with Greystone Development Consultants, Inc. for Design and Resident Enqineerinq of the Foothills Trail. Pending the outcome of ongoing land acquisition efforts, Parks and Recreation will soon be ready to design and build the Foothills Trail (the westerly•..l-eg of the trails system). Staff has selected Greystone Development -Consultants to perform final design and manage construction of'the project. The professional services agreement with Greystone for $42,220 is in excess of $20,000, and therefore, requires Council approval. -411- September 3, 1985 16. Resolution Approving a Services Agreement with Various Facilities at Wa 7.820 Ch ack & Veatc r ireatmen rder to the Engineerin neers for the Designo ant No. 2. Representatives from Anheuser-Busch have requested that the wastewater treatment project schedule be modified to reflect a new completion date of February 1, 1988 instead of August 31, 1988. In order to meet this new schedule, considerable effort will have to be expended by the consultant resulting in additional cost estimated at $347,820. In accordance with the Capital Project Management/Control System (CPM/CS), the City Council must approve all change orders in excess of $50,000. 17. Resolution App Increase the Roads Phase 1. ng the Authorization of an Emergency Field Change to nt of onstruction for the nheuser-Busch Perimeter This resolution approves the authorization by the City Manager of an emergency field change to include additional construction in the first phase of the A-B Perimeter Roads project. The change order was issued to Don Kehn Construction, Inc. in the amount of $77,829.70 to provide for the construction of curb and gutter along the south half of Busch Drive. Anheuser-Busch had originally declined to construct curb and gutter along the portion of Busch Drive which was not adjacent to the proposed brewery, delaying this work until further development of the ' area. Now A-B has requested that this curb and gutter be installed with the current construction of the road. Because of the tight construction schedule, this change was authorized as an emergency field change by the City Manager. As a matter of review, and according to the Capital Projects Management and Control System, the change is before the City Council. 18. Resolution Regarding Railroad Grade Crossing Protection in the ortheast Sector of theCity and Commitment, When Economic Growth Requires, to a Grade Separation. The Resolution is intended to advise the Public Utilities Commission that the City of Fort Collins is concerned about transportation safety, at street and railroad crossings and particularly at the crossing of the Burlington Northern Track at County Road #50. The City intends to have installed at the crossing, with Public Utilities Commission approval, the appropriate flashing lights, bells and gates to protect the citizens presently -'and in the reasonably foreseeable future. The City intends to monitor the" traffic, safety of the crossing, projections for future traffic, and accompanying hazards and intends to use its best effort to secure a grade separation or other additional improvements as necessary in the future. -412- September 3, 1985 The City will accept Anheuser-Busch Companies, Inc.'s offer to provide I funding for their proportionate share of the cost of such future grade separation, or any equivalent safety devices. 19. Resolution Changing the Name of County Road 50 Within the City Limits to Busch Road. Anheuser-Busch Busch Road in 1-25. 20. Resolution Auth Line Crossing A Companies have requested that County Road 50 be named order to facilitate traffic at the new interchange on )rizing the Mayor to Enter into an Underground Sewer regiment_with the Union Pacific Railroad Company. This Resolution will allow the City to enter into an agreement with the Union Pacific Railroad for an Underground Sewer Line Crossing at Mile Post 18.98. Everitt Companies is a developer for the Oakridge Business Park. A part of this development will require the installation of an underground sewer line crossing which is being done in conjunction with the trunk sewer line project that will run from Hewlett Packard south across Harmony Road and then west to the Oakridge Business Park. This is a standard agreement and the staff recommends passage of the Resolution. ' 21. Resolution Ado ting Findin s of the Appeal of the Planning and Zoning Board Decision to Deny Preliminary and Final Approvalto the J. . Rose's Automobile Bath PUD. On August 20, 1985, the Council heard on appeal of the July 22, 1985 Planning and Zoning Board decision to deny preliminary approval to the J.T. Rose's Automobile Bath PUD. The Council voted 6 to 1 to reverse the P&Z decision and grant preliminary and final approval to the PUD. 22. Resolution Appointing Larry Estrada as the City's Representative on e As a member municipality of the Colorado Municipal League, the City is entitled to designate a representative to serve on the Policy Committee of the CML. The Policy Committee is responsible for reviewing legislative proposals and recommending to the League Executive Board positions of support, opposition, no position or amendment to a wide variety of legislation affecting cities and towns. The Policy Committee also proposes to the members at each annual conference in June revisions to the League policies which guide League positions on public policy issues affecting municipalities. The Resolution appoints Councilmember Larry Estrada as the City's representative on the Policy Committee. -413- September 3, 1985 23. Public Nearing and Resolution Adopting a SCORE (Mini Bond) Program ' Policy Report under Section 103A of the Internal Revenue Code. On June 18, 1985, City Council approved the second reading of Ordinance No. 69, 1985, authorizing the issuance of SCORE Loan Revenue Bonds in the amount of $3,000,000. Before the SCORE "mini" bonds are issued, the City must file a Policy Report for the SCORE Program with the Secretary of the Treasury and must conduct a public hearing to provide citizens the opportunity to comment on the Policy Report. The public hearing and Council's adoption of the policy are Internal Revenue Service requirements in order to maintain the tax exempt status for the issue of the SCORE program's "qualified home improvement" bonds. The Policy Report specifies the City's general policies and goals for the SCORE energy improvement loan program in accordance with the IRS regulations. Tonight's public hearing was set during the August 20, 1985 Council meeting. Following the opportunity for public comment, this resolution adopts the SCORE Program Policy Report. 24. Routine Deeds and Easements. a. Easements for the Northeast Loop Waterline project 1. Seidl 2. Evergreen Park 2 3. Urbom Oil 4. Varra Estate ' S. Wainwright 6. Smith b. Easement Dedication for Riverside Shopping Center. Ordinances on Second Reading were read by title by Wanda Krajicek, City Clerk. Item #5. A. Second Reading of Ordinance No. 88, 1985 Annexing Property Known as the Stute Annexation #1. B. Second Reading of Ordinance No. 89, 1985 Zoning Property Known as the Stute Annexation #1. Item #6. Second Readin of Ordinance No. 94, 1985, Transferring Funds from the Holland Moore Park Development Project to the City Park ak Street Bridge Project. Item #7. Second Reading of Ordinance No. 95, 1985, Appropriating Unanti- cipated Revenue of $29,600 from the Colorado Division of Highway Safety for the Fort oll.ihs Drunk Driving Enforcement Program. Item #8. Second Reading of Ordinance No. 96, 1985, Relating to Precincts for Municipal lections. Item #9. Second Reading of Ordinance No. 97, 1985, Appropriating Unanti- cipated Revenue of 9,258 for the Library utreach Program. -414- September 3, 1985 Item #10. Second Reading of Ordinance No. 98, 1985, Vacating A Portion of ' the Right -of -Way of East Stuart Street for the Pool/Rink. Item #11. Second Reading of Ordinance No. 99, 1985, Vacating a Utility Easement in Raintree P.U.D. Item #12. Second Reading of Ordinance No. 100, 1985, Vacating Easements and Right -of -Way for a Portion of the Original Plat of Greenbriar Subdivision and the Easements and Rights -of -Way for the Same Portion of Val Vista Annexation and Zoning Plat. Ordinances on First Reading were read by title by Wanda Krajicek, City Clerk. Item #13. A. Hearing and First Reading of Ordinance No. 101, 1985, Appropriating $29,000 to the City Hall West Wing Walls Project from the Capital Projects Prior Year Reserves and Transferring $15,600 from the 1985 General Fund Budget. B. Hearing and First Reading of Ordinance No. 102, 1985, Transferring $73,000 From Transportation Services Fund to t e Service Center Buildiny '8'' Renovation Project in the Capital Projects Fund and Appropriating This Money in the Capital Projects Fund. Item #14. Hearing and First Reading of Ordinance No. 103, 1985, I Appropriating 57 in Unanticipated Revenue from t e o orado Historical Society in the Cultural Services and Facilities Fund for the Museum. Councilmember Stoner made a motion, seconded by Councilmember Estrada, 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. Items Relating to the Mason/Howes One Way Couplet Project Following is the staff"s memorandum on this item: "Executive Summary A. Hearing and First Reading of Ordinance No. 104, 1985, Transferring Funds From the Timberline - Prospect to Harmony and Bikeway Project to the Mason/Howes One Way Couplet Project. The Ordinance will authorize the transfer of $85;200 from the Timberline Project into the Mason and Howes Project. The funds will be ' -415- z . September 3, 1985 used to pay for the construction of street, drainage and landscaping ' improvements that will convert a portion of Canyon Avenue into a parking lot. Part of the work is needed for the Mason and Howes improvements at the Oak, Howes and Canyon intersection. B. Resolution Authorizing the City Manager to Approve a Change Order to Construct Improvements on Canyon Avenue with the Mason/Howes One Way Couplet Project. The Resolution would authorize the City Manager to approve a Change Order to add the work to the contract with Sterling Paving for the Mason and Howes Project. Background The Mason and Howes One Way Couplet Project requires improvements to be made at many of the intersections along the project's route. Staff feels that major improvements at the Canyon/Oak/Howes intersection will better serve the Mason and Howes project than the remedial changes that were originally planned. The intersection can be simplified into a four -leg intersection instead of the present five -leg intersection. Along with the improvements at Canyon, Oak and Howes, improvements to the Canyon, Olive and Meldrum intersection would be added as a first step in converting Canyon Avenue to a parking lot. The feasibility of converting Canyon to parking has been studied for the past few years, and these additional improvements will demonstrate what can be done towards that end. The costs associated with each intersection are as follows: Canyon/Oak/Howes Intersection $32,500 Canyon/Oak/Howes Landscaping 15,000 Canyon/Oak/Howes Contingency 4,800 SUBTOTAL $52,300 - Canyon/Olive/Meldrum Intersection 14,900 Canyon/Olive/Meldrum Landscaping 15,000 Canyon/Olive/Meldrum Contingency 3,000 SUBTOTAL $32,900 TOTAL $85,200 The existing conditions and proposed improvements are shown on the attached drawings (Exhibits A and B). Attached is a summary (Exhibit C) that lists the General City Capital Projects (Essential) giving the funding status prior to tonight's action, funding if tonight's actions are approved, and the status of anticipated ' savings that could be used for other projects. The total project budget -416- September 3, 1985 for the Timberline Road Project is now $793,000 including the County's share. The City share is $418,000. The project is presently under ' construction. No more than $300,000 will be spent on the Timberline construction; therefore, $118,000 is available for other projects. The South Lemay and Horsetooth project is another project under construction that we know will have at least $200,000 remaining for use on other projects. The following six projects have already been identified by staff and City Council as needed and should be considered for funding if additional funds were available. Recycling $175,000 to $250,000 Air Quality Program 100,000 to 200,000 North Lemay Preliminary Design 60,000 Annual Sidewalk Improvement Program 60,000 Airport Capital Request 33,333 Lincoln Center -Performance Hall Expansion 25,350 Feasibility Study The Canyon Avenue Project is not included on this list and needs to be considered along with those projects that are. As currently budgeted projects draw closer to completion, more funds will be available. Because of the positive impact it will have on the Mason -Howes One Way Couplet and because funds will be available from other projects, staff feels that the Canyon Avenue Improvements are important enough to pursue at this time. Staff therefore recommends approval of the ordinance and adoption of the ' resolution." Councilmember Knezovich made a motion, seconded by Councilmember Stoner to adopt Ordinance No. 104, 1985 on First Reading. Barbara Allison, 1212 Lynnwood Drive, noted she was opposed to one-way streets and also opposed the transfer of funds as proposed. Councilmember Clarke noted he supported the concept of the Mason -Howes One Way couplet but expressed his concern about the way the project had been presented. He felt the money for closing Canyon and building the parking lot should have been built into the original project. He expressed concern that the project had grown from $340,000 to $692,000 over the years. Councilmember Horak expressed concern about the timing of this action. He felt the matter should be dealt with in January or at least after some budget decisions had been made. He asked for an analysis comparing this project with some of the other unfunded 1986 projects before the decision is made. Councilmember Knezovich expressed safety concerns about the Canyon/ Meldrum/Olive intersection and urged support for the ordinance. City Manager Arnold agreed this project should have been designed as a part of the original concept. He felt the islands were needed at both the ' -417- September 3, 1985 Canyon/Oak/Howes and the Canyon/Meldrum/Olive intersections because of the ' traffic flow the one-way couplet would generate. Councilmember Clarke felt the expenditure of an additional $85,000 would insure there wouldn't be problems at those intersections once.the couplet is implemented. Councilmember Stoner felt the medians would make the couplet function better from a safety standpoint. Councilmember Estrada noted the dangers of the existing situation and stated he favored the project for that reason. The vote on Councilmember Knezovich's motion to adopt Ordinance No. 104, 1985 on First Reading was as follows: Yeas: Councilmembers Clarke, Estrada, Knezovich, Rutstein and Stoner. Nays: Councilmembers Horak and Ohlson. THE MOTION CARRIED. Councilmember Stoner made a motion, seconded by Councilmember Ohlson, to adopt Resolution 85-153. Councilmember Knezovich made a motion, seconded by Councilmember Clarke, to table the Resolution to September 17 when the ordinance is scheduled for Second Reading. Yeas: Councilmembers Clarke, Estrada, Horak, Knezovich, Ohlson, Rutstein and Stoner. Nays: None. ' THE MOTION CARRIED. Councilmember Knezovich asked that staff investigate the possibility of vacating or abandoning Canyon and deeding it back to the adjacent property owners. Councilmember Horak asked for a report from the Department of Natural Resources on their comments on the environmental assessment done on the Timberline/Prospect project. Ordinance Authorizing the City Manager to Enter into an Agreement with First Interstate Bank of Fort Collins to be the City's Depository for Funds and Provide Banking Services Adopted on First Reading Following is the staff's memorandum on this item: "Executive Summary The City contracts with a local bank to be its depository for City funds and to provide banking services. First Interstate Bank of Fort Collins submitted the low bid providing the requested services at no charge for the ' three year contract period. -418- September 3, 1985 Background The City has contracted with local banks to be its depository for City funds and to provide required banking services since 1977. The charges for banking services under these contracts have been zero. This is the first time the Depository Agreement has required Council approval as all previous agreements were for a two year period. The services requested of the bank include the following: o Provide checking and savings accounts. o Perform wire transfer of funds for execution of investment transactions. o Act as custodian for City owned securities. o Provide checks, deposit slips and other supplies pertaining to active account transactions. o Provide armored car service for funds in transit from City facilities. o Provide lock box processing of utility bills and sales/use tax receipts including the posting of the payments to the customers' accounts. o Act as paying agent for City bonds issued during contract period. o Act as bond registrar for City bonds. o Act as escrow agent for lease purchase agreements entered into by the City. o Provide for the safekeeping of City owned securities including the I collection and deposit of principal and interest payments. o Accept and receipt City utility payments at all teller windows and drive -up facilities. Contracting with the bank to accept and receipt City utility bill payments at all teller and drive -up window facilities, complete utility bill payment processing including picking up the payments at the post office, depositing payment receipts to the City's bank account, and performing the data entry to update the customer's account on the automated utility billing system has enabled the processing of an ever increasing volume of payments with three cashiers in the Revenue Division instead of the seven which would otherwise be required. This represents a savings to the City of $65,000 annually in personnel costs. Requests for proposal for the depository contract were sent to the seven commercial banks located within the City. Proposals were received from United Bank of Fort Collins and First Interstate Bank of Fort Collins. It appears that the other five commercial banks did not submit proposals as they could not or did not desire to accommodate City balances on deposit up to $5,000,000 as required in the request for proposal. The reason for this inability or lack of desire to accommodate deposit balances up to $5,000,U00 is that a bank must place on deposit, with the State of Colorado Division of Banking, securities in an amount sufficient to collateralize all public funds on deposit with said bank. -419- September 3, 1985 United Bank of Fort Collins submitted a bid of $207,540.35 plus ' undetermined charges for miscellaneous services and supplies as the annual cost for performing the requested services. First Interstate Bank of Fort Collins submitted a bid which indicated no charges for performing the requested services. The difference in the bids reflects an apparent difference in operating philosophy between the two banks. United Bank submitted its bid with the intent of recovering costs associated with performing the requested services directly from the City, while First Interstate Bank considered the probable benefits derived from being the City's depository bank. These benefits include the ability to publicly state it is the City's depository bank, the potential to obtain new customers while accepting and receipting City utility payments at teller windows and drive -up facilities, interest earnings on City balances on deposit even though they are maintained at a minimum, and the inclusion of City funds in transit within the bank's accounting system as an asset on its balance sheet each reporting period. The submission of a bid to provide banking services to the City at no charge is not new. United Bank of Fort Collins became the City's first depository bank with a bid which indicated no charge for the requested services in 1977. In 1979, United Bank and First Interstate Bank both submitted bids with no charges and First Interstate Bank was awarded the contract based upon the flip of a coin at a Council meeting. In 1981 and 1983 United Bank submitted bids which indicated charges for all of the requested banking services, while First Interstate Bank was awarded the depository contract both years based upon a bid with no charges. ' Both United Bank of Fort Collins and First Interstate Bank of Fort Collins were contacted to determine if they met the provisions of Resolution 85-134 regarding the City's investment practices and the purchases of supplies and contractual services as they relate to the Republic of South Africa. The following provides a recap of the provisions of Section 1, Resolution 85-134, dealing with financial and investment institutions, and the status of the two banking institutions with regard to those provisions. Section 1. That no bank, trust company, brokerage firm or other financial or investment institution shall: Provision A: Advertise or promote the sale of Krugerrands or other coins minted in the Republic of South Africa or Namibia. Status: Neither First Interstate Bank of Fort Collins nor United Bank of Fort Collins violates this provision. Provision B: Underwrite securities of the government of the Republic of South -Africa. Status: Neither First Interstate Bank of Fort Collins nor United Bank of Fort Collins violates this ' provision. -420- September 3, 1985 Provision C: Make loans to, investments in, or ' transact any other business with the government of the Republic of South Africa other than loans for educational, housing or health facilities available to all persons. Status: Neither First Interstate Bank of Fort Collins nor United Bank of Fort Collins violates this provision. Provision D: Make loans to, investments in, or transact any other business with persons, firms, corporations or business entities, with either a principal or subsidiary place of operation located in the Republic of South Africa, unless it has affirmatively adopted the Sullivan Principles. Status: Neither First Interstate Bank of Fort Collins nor United Bank of Fort Collins violates this provision. Provision E: Make loans to, investments in, or transact any other business with business entities who transact business with entities who have a principal or subsidiary operations in South Africa, unless it has adopted the Sullivan Principles. Status: Dave Armstrong of United Bank checked with the ' bank's legal department which indicated that the bank did not monitor banking relationships and therefore it could not certify that none of its customers transact business with individuals, firms, or corporations located within the Republic of South Africa. First Interstate Bank of Fort Collins also has the same problem as addressed in a letter (copy of which is attached) from Tom J. Gleason, Bank Chairman and President. When dealing with banking•i'nstitutions which are capable of providing the services required of our depository, it is impossible to gain assurances from the institutions that provision E is not violated. (It may not even be possible for a bank to do enough research to provide the required assurances.) Although neither United Bank nor First Interstate Bank meet the criteria with regard to their customers doing business with persons, firms, or corporations located within the Republic of South Africa, it is imperative that the City have a depository bank to provide necessary banking services. Therefore, staff recommends the depository contract be awarded to the low bidder, First Interstate Bank of Fort Collins." Councilmember Knezovich made a motion, seconded by Councilmember Ohlson to adopt Ordinance No 105, 1985 on First Reading. ' -421- September 3, 1985 ' Bruce Lockhart, 2500 E. Harmony Road, asked if any of the banks offered to pay interest on the City's deposits in these accounts. Councilmember Clarke noted staff aggressively pursued the investing of the City's funds and that the money placed with First Interstate isn't there long enough to earn interest. It is invested elsewhere. The vote on Councilmember Knezovich's motion to adopt Ordinance No. 105, 1985 on First Reading was as follows: Yeas: Counci I members Clarke, Estrada, Horak, Knezovich, Ohlson, Rutstein and Stoner. Nays: None. THE MOTION CARRIED. Resolutions Authorizing Eminent Domain Proceedings for the Northeast Loop Waterline Adopted Following is the staff's memorandum on this item: "Executive Summar This project requires the acquisition of forty-five easements for the Northeast loop waterline. Thirty easements have been approved by Council to date. There are six easements on this Consent Agenda. That leaves nine easements which have not been acquired through negotiations. In order to meet the construction start date of December 1st, staff is recommending ' that Council authorize acquisition by eminent domain proceedings of the remaining nine parcels so that it will not be too late to obtain possession if continuing negotiations are unsuccessful. Background A. Resolution Authorizing the Acquisition by Eminent Domain Proceedings of Certain Lands in the City (Baker). B. Resolution Authorizing the Acquisition by Eminent Domain Proceedings of Certain Lands in the City (Gilmartin). C. Resolution Authorizing the Acquisition by Eminent Domain Proceedings of Certain Lands in the City (East Vine). D. Resolution Authorizing the Acquisi.t'ion by Eminent Domain Proceedings of Certain Lands in the City (Summitv.i'ew). E. Resolution Authorizing the Acquisition by Eminent Domain Proceedings of Certain Lands in the City (Verniero). F. Resolution Authorizing the Acquisition by Eminent Domain Proceedings of Certain Lands in the City (Smookler). -422- September 3, 1985 G. Resolution Authorizing the Acquisition by Eminent Domain Proceedings of Certain Lands in the City (Weiss). H. Resolution Authorizing the Acquisition by Eminent Domain Proceedings of Certain Lands in the City (Mickelson). I. Resolution Authorizing the Acquisition by Eminent Domain Proceedings of Certain Lands in the City (Dietz). As part of the Master Agreement with Anheuser-Busch, the City of Fort Collins Water Utility has completed the Final Design and advertised for bid to build a large diameter water transmission main. The main will serve the northern half of the City of Fort Collins as well as the Anheuser-Busch brewery. The transmission line will run from the City's Water Treatment Plant No. 2 east across the northern half of Fort Collins to the Anheuser-Busch brewery site. There will be four pipe sizes as the line passes across the city. The pipe will be 48 inch from WTP#2 to a point one-half mile east of Overland Trail, then 42 inch to Shields, 36 inch from Shields to Lemay and 30 inch east of Lemay to the brewery site. The 48 inch, 42 and 36 inch portions of the line will provide water transmission capacity for the City water distribution system across the northern half of the city. The schedule for the construction of the Northeast Loop Waterline is outlined below: 1. Final Design Submitted July 30, 1985 2. Advertise to Bid August 19 3. Bid Opening September 17 4. Notice of Award September 27 5. Agreement Signed October 7 6. Construction Start December 1 7. Construction Complete (180 Calendar Days) June 1, 1986 It has been explained to the property owners that we would recommend to Council the adoption of Resolutions initiating acquisition by Eminent Domain Proceedings. Even though staff is recommending this step, past experience indicates that the majority of these negotiations will be resolved without needing complete Eminent Domain action. A status recap for each parcel follows: Name 1. Baker 2. Gilmartin 3. East Vine City Offer $2659 + alfalfa damages $1867 $2679 Owner Counter Holding Out with #s 3 and 4 below. Pending $4500 1 -423- September 3, 1985 4. , Summitview $1639 $4500 ' 5. Verniero $800 $5000 6. Smookler $420 $4000 7. Weiss $1985 + $2646 + alfalfa damages crop damage 8. Mickelson $1475 Property sold -- staff will work with new owner 9. Dietz $164 Haven't been able to reach in 3 weeks City staff and our independent fee appraisers, have reviewed the data available, including that submitted by the property owners, and feel that the City offers are fair and reasonable. Staff recommends adoption of these Resolutions authorizing the Acquisition by Eminent Domain Proceedings of the above -mentioned parcels to keep the project on schedule. In the meantime, staff will continue to keep negotiations open." Councilmember Ohlson made a motion, seconded by Councilmember Knezovich, to ' adopt Resolutions 85-143 through 85-151. Yeas: Councilmembers Clarke, Estrada, Horak, Knezovich, Ohlson, Rutstein and Stoner. Nays: None. THE MOTION CARRIED. Citizen Participation A. Proclamation Naming September as Peace Month was forwarded to the appropriate persons. B. Proclamation Naming September 24 as International Integrity Day was forwarded to the appropriate persons. C. Presentation of Government Finance Officers' "Award for Distinguished Budget presentation" to City of Fort Collins Budget Department. Bob Eichum, Director of Administrative Services and Finance, Loveland and Chairman of the Colorado Government Finance Officers Association presented the award to Budget Director Sil.vij'a.Widmer. D. Presentation to Fort Collins Rotary Club for their efforts on the Lee Martinez Park Farm Museum was accepted by Sheldon Godkin on behalf of the Board of Directors of the Fort Collins Rotary Club. -424- September 3, 1985 Public Hearing on the Proposed Fort Collins/Loveland Corridor Following is the staff's memorandum on this item: "Executive Summar Council discussed the Corridor on August 6, 1985 and directed staff to prepare the attached draft ordinances that provide Council the options of (A) enacting a new 1/4 cent sales and use tax and (B) calling for a special election on a 1/4 cent sales and use tax to fund acquisition of Corridor properties. The third item, a resolution authorizing the expenditure of funds to distribute objective information on the Corridor proposal and sales and use tax would be appropriate, in the event of an election, to comply with campaign reporting requirements. This meeting is to hear comments from the public and then provide direction to staff about the issue. Background The Fort Collins/Loveland Corridor has been the subject of numerous studies for over a decade. Most recently, an intergovernmental Task Force met from ' August 1984 to April 1985 for the purpose of finalizing a plan for preservation of the Corridor. The work of that Corridor Task Force led to the current Corridor implementation proposal which includes 2416 acres and involves Fort Collins' purchase of the Corridor with assistance from the County and possible future participation from Loveland. Fort Collins has entered into an intergovernmental agreement with the County indicating our intent to attempt to enact a 1/4 cent sales and use tax on non -grocery items with use of revenues restricted to acquisition of the Corridor and development of open space and recreation uses in the corridor area. In turn, the County has pledged $500,000 for the same purposes. These draft ordinances have been prepared in anticipation of Council action and provide the legal framework for Council to enact a 1/4 cent sales and use tax and/or call for a special election which would put the proposed new tax to a vote of the Fort Collins citizens. Input from the public hearing at the September 3 Council meeting will be considered by Council in determining the course of action to follow." The following persons spoke on this issue: 1. Bill Benton, 2401 Evergreen Drive, spoke in support of the corridor. -425- September 3, 1985 2. Michelle Aldrich, 1500 W. Plum, supported the corridor but financed ' solely by Fort Collins. She suggested a vote on the issue. 3. Terri Foppe, 622 Whedbee, suggested the project be a City/County one and that a limit be placed on the amount of money to be spent. 4. Denise LaRue, 410 Tedmon, spoke on behalf of the Natural Resources Board and in support of the issue. 5. Gene Markley, 422 E. Lake, spoke in opposition to the proposed corridor acquisition project. 6. Dick Albrecht, Executive Vice President of the Fort Collins Chamber of Commerce, spoke in support of the issue. 7. Nancy York, 130 South Whitcomb, asked to see a plan of what is proposed for the area before voting on the issue. 8. Mike Dwyer, 1749 Hastings Drive, opposed the concept, noting there was no need for separation between the two communities. 9. Joe Stern, 1221 Laporte Avenue, spoke on large lot zoning for the area and supported the proposal. 10. Bruce Lockhart, 2500 E. Harmony Road, opposed the proposal and expressed concern about the need for an I-25 corridor. ' 11. Barbara Allison, 1212 Lynnwood Drive, spoke on the large number of bike paths, trails, parks, open space per capita and noted her opposition to the concept. 12. Alan Apt, 2301 Sheffield Drive, spoke in favor of the proposal. 13. Carol Podmore, 1205 West Mountain, urged Council to continue their efforts to create a corridor to establish a sense of community. 14. Robin Savage, 2501 E. County Road 32, corridor property owner, opposed the concept. He asked the proposal's size be cut down and that his property be eliminated from the proposal. 15. Randy Larsen, 312 Starboard Court, spoke on the "clustering" concept as a way to acquire the corridor more economically. 16. Mary Margaret, 1317 Lakewood Drive, noted she was against the 1/4 cent tax and any condemnation effort. She advocated individual citizens' rights to own property without restrictions. Mayor Rutstein declared the Public Hearing closed and noted the ordinances would be considered at a future meeting. -426- September 3, 1985 Public Hearings on 1986 Recommended Budget and Proposed Uses for Revenue Sharing Funds in 1986 City Manager John E. Arnold presented the City Manager's recommendations for 1986. He recognied staff for their efforts and emphasized the quality of the budget document. He detailed the budget process through a slide presentation and spoke of the specifics in the document. He spoke of the downturn in the city's sales and use tax collections and detailed recommendations on how to deal with the situation. He suggested changing the City's sales and use tax projections to 6% for 1985, 8% for 1986 and 10% thereafter. He spoke of the budget deflators that are in place and how they might be implemented. He recommended the Budget be further discussed at the next worksession. Councilmember Clarke asked for more detailed information on the deflators. Bruce Lockhart, 2500 E. Harmony Road, commented on the availability of this years budget information and noted he was pleased. He stated he felt the issue of comparable worth was a mistake and that Council should not get involved in it. Councilmember Clarke noted he was not comfortable with the 8% growth in sales and use tax collections projected for 1986 nor the 10% for 1987, 1988, 1989. He suggested 5% for 1986 and perhaps 8% thereafter. Councilmember Horak favored lower projections for sales and use tax growth but noted the City would still have more revenue to operate with in 1986 than in 1985 so the picture was not totally "doom and gloom". Mayor Rutstein encouraged the public to get involved in the remaining budget hearings in order to have their input considered. City Manager's Report City Manager Arnold reported on his recent tour of the City's capital projects that are now underway and encouraged Councilmembers to do the same. Councilmembers' Reports Councilmember Clarke noted the Poudre Fire Authority had broken ground for a new Fire Station on Summitview and Highway 14. He noted this was the first major project the Authority had undertaken since the consolidation. Councilmember Horak reported on the Larimer/Weld Council of Governments meeting, noting there had been discussion on scheduling a meeting on hazardous waste transportation through Larimer County. He noted they would be drafting a model ordinance that could be adopted by the member -427- September 3, 1985 0 governments in order to have consistency throughout the two -county area. He added he hoped a steering committee would be formed to help make the Poudre River Trail between Fort Collins and Greeley a reality. Mayor Rutstein reported that she had travelled to Colorado Springs and symbolically accepted a check for $248,000 for the City's share of the Conservation Trust Fund or lottery monies. Items Relating to the Appropriation of Funds in the Capital Projects Fund Following is the staff's memorandum on this item: "Executive Summary Hearing and First Reading of Ordinance No. 101, 1985, Appropriating $29,000 to the City Hall West Wing Walls Project from the Capital Projects Prior Year Reserves and Transferring $15,600 from the 1985 General Fund Budget. Approval of this ordinance provides funding to repair the wing walls leading into City Hall West and make modifications in the entrance ramp to be completely handicapped accessible. Hearing and First Reading of Ordinance No. 102, 1985, Transferring $73,000 From Transportation Services Fund to the Service Center Building "B" Renovation Project in the Capital Projects Fund and Appropriating This Money in the Capital Projects Fund. This ordinance will Year Reserves it the Center Building "B". Background City Hall West Wing Walls transfer money previously appropriated from Prior Transportation Fund for the renovation of Service In April 1985 Council appropriated $20,000 to repair thewing walls leading into City Hall West. This money, along with money budgeted in the General Fund, was to be used for the project. During Conceptual Design the handicapped accessibility issue was introduced and Staff determined present funding was inadequate to complete accessibility and wall repair. Staff is seeking two actions: transfer of $15,600 from General Fund (Building Maintenance's Budget) to the Capital Fund Wing Wall Project in order to comply with the requirements of. the Capital Project Management Control System; and transfer of'$29,000 from Capital Projects Prior Year Reserves to the Capital Fund Wing Wall Project in order to provide for handicapped accessibility. -428- September 3, 1985 Attached is the Preliminary Design Report explaining the various options ' reviewed. The recommended option has been reviewed and accepted by the Commission on Disability. Plans are to complete this project no later than November 29, 1985. The transfer of $29,000 will reduce the Capital Projects Contingency is shown in the 1986 Recommended Budget for Unfunded Capital Projects. Attached is a summary sheet illustrating the impact. Service Center Building "B" Renovation Council adopted Ordinance No. 44, appropriating an additional $73,000 from prior year reserves. This money was appropriated to the Transportation Services Fund but never transferred to the Capital Project fund. This ordinance will transfer $73,000 from the Transportation Services Fund to the Capital Projects Fund. Project is in final design, and this transfer will place all monies under one cost center which will facilitate project management. This action is in accordance with the Capital Project Management Control System. Current appropriation for renovation is $143,500 and with this transfer the new appropriation will be $216,500." Councilmember Stoner made a motion, seconded by Councilmember Ohlson, to adopt Ordinance No. 101, 1985 on First Reading. Councilmember Ohlson asked about the precast concrete caps to be used to ' cap the wing walls. He asked why design costs for this project were so high. Tom Frazier noted those caps would match the caps on the top parapet on this building and would match the existing decor. He added the design work was under an existing contract and was based on an hourly rate not to exceed the $8,800 figure. Councilmember Ohlson noted he was pleased to see this project completed this year. The vote on Councilmember Stoner's motion to adopt Ordinance No. 101, 1985 on First Reading 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 Estrada, to adopt Ordinance No. 102, 1985, on First Reading. Yeas: Councilmembers Clarke, Estrada, Horak, Knezovich, Ohl son, Rutstein and Stoner. Nays: None. THE MOTION CARRIED. ' -429- September 3, 1985 ' Public Hearing and Resolutions Adopting a SCORE (Mini Bond) Program Policy Report Under Section 103A of the Internal Revenue Code, Adoot Following is the staff's memorandum on this item: "Executive Summa On June 18, 1985, City Council approved the second reading of Ordinance No. 69, 1985, authorizing the issuance of SCORE Loan Revenue Bonds in the amount of $3,000,000. Before the SCORE "mini" bonds are issued, the City must file a Policy Report for the SCORE Program with the Secretary of th,� Treasury and must conduct a public hearing to provide citizens the opportunity to comment on the Policy Report. The public hearing and Council's adoption of the policy are Internal Revenue Service requirements in order to maintain the tax exempt status for the issue of the SCORE program's "qualified home improvement" bonds. The Policy Report specifies the City's general policies and goals for the SCORE energy improvement loan program in accordance with the IRS regulations. Tonights public hearing was set during the August 20, 1985 Council meeting. Following the opportunity for public comment, this resolution adopts the SCORE Program Policy Report. Background The format and content of the proposed POLICY REPORT are as specified by the Internal Revenue Code. Major points of the policy are summarized below. Housing Policies and Goals: Loans are available to citizens an a first come -first serve basis for energy improvements to new or existing 1, 2, 3, or 4 family residences, one unit of which is owner occupied. Development Policies and Goals: Twenty percent of the bond proceeds will be reserved for one year for census tracts 2, 6, and 7 within the City (map attached). These areas have been selected for targeting per IRS requirements. Area 6 has been designated a "qualified census tract" by the IRS and areas 2 & 7 were proposed as areas of "chronic economic distress" by the Governor and approved as such by HUD. These designations were based on information obtained through the 1980 census. The designated areas are generally considered by the IRS to be in need of development incentives. Low Income Housing Assistance Policies and Goals: Loans will be available on a first come -first serve basis. Loan qualifications will be the same for all income levels." Councilmember Clarke made a motion, seconded by Councilmember Stoner, to adopt Resolution 85-152. Yeas: Councilmembers Clarke, Estrada, Horak, Knezovich, Ohlson, Rutstein and Stoner. Nays: None. -430- �:1%.i.1f'.3:•:•�C w.♦'ii tiJl.w _.. r.-a.� ��. .�..-u _f._cL _:_.L September 3, 1985 THE MOTION CARRIED. ' Councilmember Horak made a motion, seconded by Councilmember Ohlson, to adopt Resolution 85-154. Yeas: Councilmembers Clarke, Estrada, Horak, Knezovich, Ohlson, Rutstein and Stoner. Nays: None. THE MOTION CARRIED. Adjournment Councilmember Knezovich made a motion, seconded by Councilmember Estrada, to adjourn the meeting to 6:30 p.m. on September 10 to allow Council the option of adjourning into Executive Session for the purpose of discussing personnel matters. Yeas: Councilmembers Clarke, Estrada, Horak, Knezo- vich, Ohlson, Rutstein, and Stoner. Nays: None. The meeting adjourned at 10:30 p.m. ATTEST: City Clerk I -431- ..._.i_ATi{i:..i:b�:ii�ii!].Lx e..—.v.....: �.. .�......m.. ..ahil��li.n