HomeMy WebLinkAboutMINUTES-09/04/1984-Regular1 September 4, 1984
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council -Manager Form of Government
Regular Meeting - 5:30 p.m.
A regular meeting of the Council of the City of Fort Collins was held on
Tuesday, September 4, 1984, at 5:30 p.m. in the Council Chambers in the
City of Fort Collins City Hall. Roll call was answered by the following
Councilmembers: Clarke, Elliott, Horak, Knezovich, Ohlson, Rutstein, and
Stoner.
Staff Members Present: Arnold, Shannon, Huisjen, M. Davis, Lewis, L.
Hopkins, C. Smith, Hays, Widmer, R. Lee, Harmon
Boy Scout Troop #533 presented the colors.
Agenda Review: City Manager
City Manager Arnold noted there would be one item of other business re-
lating to leasing office and shop space at 120 Hemlock. He noted that Item
#40 was a request to reconsider tabling of an ordinance relating to trans-
ferring funds into a project called the Mountain Avenue/Walnut Street
Improvement Project. He also requested that Council adopt the Resolution
approving bylaws for the Quality of Life Commission (Item #22) on the
Consent Calendar, with some minor wording changes.
Bruce Lockhart, 615 Mathews, requested that Item #19, Resolution Author-
izing the Filing and Execution of an UMTA Section 9A Grant Application; and
Item #20, Resolution Authorizing the Filing and Execution of an UMTA
Sections 5 and 9 Operating Assistance and Planning Grant for Transfort,
be withdrawn from the Consent Calendar.
Consent Calendar
This Calendar is intended to allow the City Council to spend its time and
energy on the important items on a lengthy agenda. Staff recommends
approval of the Consent Calendar. Anyone may request an item on this
calendar be "pulled" off the Consent Calendar and considered separately.
Agenda items pulled from the Consent Calendar will be considered separately
under Agenda Item #44, 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.
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September 4, 1984
4. Second Reading of Ordinance No. 106, 1984, Annexing Approximately 5.15
Acres Known as the Tempel Annexation.
5
This ordinance was unanimously adopted on. First Reading on August
21.
The applicant, Keith Tempel, is seeking to annex approximately 5.15
acres of property located east of South Taft Hill Road and south of
Kinnison Drive. The annexation is a voluntary annexation and achieves
its 1/6 contiguity requirement through common boundaries with the
Trend Homes Second Annexation.
Second Reading of Ordinance No. 107, 1984, Zoning Approximately 5.15
Acres, Known as the Tempel Annexation, to the R-P, Planned Residential
Zoninq District.
This ordinance was unanimously adopted on First Reading on August 21.
1
The applicant, Keith Tempel, is seeking to zone approximately 5.15
acres of property located east of South Taft Hill Road and south of '
Kinnison Drive to the R-P, Planned Residential zoning district.
6. Second Reading of Ordinance No. 108, 1984, Annexing Approximately 2.25
Acres Known as the First Fisher-Lemay Avenue Annexation.
This ordinance was unanimously adopted on First Reading on August 21.
The applicants, S & F Agency, Co., are seeking to annex approximately
2.25 acres of property located at the northeast corner of Lemay Avenue
and Mulberry Street. The annexation is a voluntary annexation and
achieves its one -sixth contiguity requirement through a common boun-
dary with the Riverside-Lemay Annexation.
7. Second Reading of an Ordince No. 109, 1984, Zoning Approximately 2.25
Acres Known as the First Fisher-Lemay Avenue Annexation to the B-P,
Planned Business Zoninq District.
This ordinance was unanimously adopted on First Reading on August 21.
The applicants, S & F Agency, Co., are seeking to zone approximately
2.25 acres of property located at the northeast corner of Lemay Avenue
and Mulberry Street, known as the First Fisher-Lemay Avenue Annexa-
tion, to the B-P, Planned Business, zoning district.
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September 4, 1984
8. Second Reading of Ordinance No. 113, 1984, Amending Section 104-11 (C)
of the Code of the City of Fort Collins Relating to Transactions and
Items Subiect to the Citv Sales Tax.
This Ordinance was unanimously adopted on First Reading on August 21
and amends Section 104-11 of the Code relating to transactions and
items subject to the City sales tax.
The amendment is intended to clarify the Code section and specify
exactly which communication services are covered by the City sales
tax. The amended subsection includes telephone and telegraph service
receipts as well as service receipts from the transmission or retrans-
mission of intrastate electronic messages by means of microwave or
cable transmission or by any other means originating within the City,
including pay, cable or subscription television.
9. Second Reading of Ordinance No. 114, 1984, Amending Section 73-32 of
the Code of the City of Fort Collins Relating to Door -to -Door Sales.
The Police Department has received complaints from City residents
relating to insurance salesmen who are attempting to sell insurance
policies through door-to-door solicitation. The City's current
' ordinance relating to door-to-door solicitation, Section 73-32 of the
Code of the City of Fort Collins (often called the "Green River"
Ordinance, referring to the ordinance of the Town of Green River,
Wyoming prohibiting door-to-door solicitation which was upheld by the
courts), generally prohibits door-to-door solicitation involving
goods, wares and merchandise and services but does not specifically
mention the sale of insurance policies.
This Ordinance was unanimously adopted on First Reading on August 21.
The amendment is consistent with the City's current policy on the
issue, clarifies the Code section for insurance companies considering
door-to-door solicitation as a sales method in Fort Collins and
protects the citizens of Fort Collins from a type of commercial
solicitation which, judging from the complaints received, is not
desired.
10. Second Reading of Ordinance No. 115, 1984, Authorizing the City
Manager to Enter into an Agreement with Fairways Marketing Corporation
for Fairway Markers/Signs at City Park Nine Golf Course.
On January 3, 1984, Council adopted Ordinance No. 170, 1983, autho-
rizing the City Manager to enter into an agreement with Fairways
Marketing Corporation (FMC) of Denver for the placement of their
fairway marker signs at Collindale Golf Course. The marker/adver-
tising signs were installed this spring at Collindale, and we have
been very pleased thus far with them.
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September 4, 1984
Recently, FMC again approached us about the possibility of installing
similar fairway marker signs at City Park Nine Golf Course. Our
experience with FMC at Collindale has been positive, and we feel that
signs at City Park Nine will enhance the depiction of our fairways and
golf course layout, as well as provide us with some new revenues.
Therefore, we are requesting that Council authorize us to enter into
another agreement with FMC to provide signage at City Park Nine
similar to that now at Collindale. The Golf Board, at their meeting of
August 15, 1984, voted unanimously to recommend approval of this
agreement.
This Ordinance was unanimously adopted on First Reading on August 21.
Second Reading of Ordinance No. 116, 1984, Vacating Electrical Ease-
ments Described to arimerCounty Records Book 1507 Page 321 and Book
1518 Pace 22.
This Ordinance was unanimously adopted on First Reading on August
21.
Riverside
Shopping Center was approved
by the Planning and Zoning
Board on
June 25, 1984. The approved
plat replaces a previously
dedicated
electrical easement which, due
to reconfiguration, will no
1
longer be
needed.
All utilities have been contacted and have indicated no problems with
the vacation.
12. Hearing and First Reading of Ordinance No. 120, 1984, Vacatin Ease-
ments in t e Repiat of airview Shopping enter, Filing Matador
Apartments. Phase IV).
The owner is requesting the vacation of the easements in the North
260.00 feet of Matador Apartments, Phase IV. The property has been
replatted and these easements are no longer needed.
All affected utilities have been contacted and have indicated no
problems with the request.
13. Hearing and First ReInading of Ordinance No. 121, 1984, Vacating a
Utility Easement in dian Hills West P.U.D.
The owner is requesting
a small portion
of the utility
easements in
Indian
Hills West P.U.D.
be vacated. The
area adjacent to
Lots 14 and
15 was
replatted into 3
lots taking in a
portion of the
utility ease-
ment.
This is a zero lot
line plan and
no area within
the lots can
'
be an easement.
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September 4, 1984
All affected utilities have been contacted and have indicated no
problems with the request.
14. Hearing and First Readi
Expenditure of the Colo
Shelving in the Museum.
15.
of Ordinance No. 122, 1984, Authorizing the
o Historical Society Grant of 1,123.88 for
In August, the Fort Collins Museum received $1,123.88 from a local
assistance grant awarded by the Colorado Historical Society. These
funds will be used for the purchase of steel shelving for the storage
of Museum collection items.
The purpose of this ordinance is to appropriate the unanticipated
grant proceeds for expenditure in the Cultural Services Fund.
Hearing and First Reading of Ordinance No. 123, 1984, Appropriati
Funds from Prior Year Reserves in the Street versizinq Fund.
The Street Oversizing Fund's appropriated budget for 1984 expenditures
is $450,000. $97,000 of that appropriation remains. Additional
' expenditures of approximately $577,000 are expected in 1984. There-
fore, a shortfall of $480,000 is anticipated. An appropriation of
prior year reserves is required to cover the anticipated shortage.
16. Hearing and First Reading of Ordinance No. 124, 1984, Decreasin the
Amount for Payment In -Lieu -of Water Riqhts from 1300 to 1000 Per
In June 1983, the City reduced its in -lieu -of water rights cash rate''
from $1500 to S1300 per acre foot. The price of Colorado -Big Thompson
(CBT) Project water has continued to decline, indicating a need to
again adjust the cash rate. The Water Board and City staff recommend
that the in -lieu -of rate be set at $1000 per acre foot.
17. Items Relating to Approving a Project t
over SDrina Creek.
)lace the Prospect Brid
A. Resolution to Accept the Offer of a Federal Grant and Authorizing
the City Manager to Enter into an Agreement with the State for
Administration of the Funds.
B. Hearing and First Reading of Ordinance No. 125, 1984, Appropri-
ating Funds to Pay the Required City Match.
' The City received notice from the State Highway Commission that the
Prospect Street Bridge over Spring Creek was approved to receive
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September 4, 1984 '
federal funding from the Federal Bridge Rehabilitation and Replacement
Program. An application had been submitted for replacement of the
two-lane bridge with a four -lane bridge that meets the City's arterial
street standards.
The total estimated cost of the bridge is $450,000. The grant is for
80% of the cost, $360,000. So the City share will be 20% of the cost
or $90,000. Funds are available for the City match in the Capital
Projects Fund Prior Year Reserves.
18. Items Relating to the Purchase of Snow Removal Equipment.
A. Resolution Authorizing Sole Source Purchase of a Unimog U-900
Tractor and a Schmidt VF3-2-L Snow Cutter from Macdonald Equipment
Company.
B. Hearing and First Reading of Ordinance No. 126, 1984, Appropri-
ating Prior Year Reserves in the Equipment Fund.
Because of the City's increasing need to deal with snow removal more
effectively, we began investigating the purchase of a snow cutter.
Research into available cutters indicated that there were several
available that would do the job, costing approximately $45,000 to
$55,000. The problem with buying a snow cutter (which is mounted on a '
four wheel drive loader) is that the majority of the time, it will sit
idle awaiting a snowstorm.
The research determined a better solution would be to purchase a unit
that could operate a snow cutter as well as other attachments, (tren-
cher, boom flail mower, backhoe), thus giving us a machine that could
be used year-round by other City departments.
The cost of a new Unimog U-900 and Schmidt VF3-2-L at this time would
be prohibitive (over $100,000). However, the authorized Unimog/
Schmidt dealer for Colorado, Macdonald Equipment Co. of Commerce City,
currently has a used U-900 tractor (200 hours operating time) and a
used VF3-2-L snow cutter in inventory. These are offered to us for
$45,000 and $10,500 respectively. We have contacted other dealers in
Colorado and Wisconsin to match this offer, and we have found none.
The available units were used previously by Vail, Colorado and we have
talked with them about the condition of this equipment. They said the
equipment is in fine condition. The reason they got rid of it so soon
was to buy a larger unit.
19. Resolution Authorizing the Filing and Execution of an UMTA Section 9A
Grant Application.
This resolution is a request for two 30' coaches and computer/ '
office automation hardware under UMTA Section 9A Grant application.
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September 4, 1984
Previously we had applied for three buses and computer hardware under
an amended Section 3 Grant. Recent regulations allow us to only apply
for a 10% charge to Section 3 Grant. Consequently, we only received
one bus under amended Section 3.
These two buses applied for under Section 9A will replace the two GMC
buses which are worn out and have high maintenance costs. Matching
money already appropriated for the Section 3 Grant will be used as
matching funds in the Section 9A Grant.
20. Resolution Authorizing the Filing and Execution of an UMTA Sections 5
and 9 Operating Assistance and Planning Grant for Transfort.
Transfort is seeking a grant in the amount of $325,482 from Sections 5
and 9 of the Urban Mass Transportation Act of 1964, as amended, to
provide operating assistance for calendar year 1984, and planning
assistance for a 5-year Transportation Development Program and a Park
and Ride Study.
21. Resolution Authorng the Contribution of
from City Managers Contingency Account.
the SAINT Program
In 1983, the City received a $6,000 grant through the Larimer County
Department of Human Development, Community Action Board to conduct a
pilot program called Senior Alternatives In Transportation (SAINT).
The grant money funded the program through April of this year. At that
time, an additional $5,400 was contributed to the program by the City
Manager to provide funding through July. Since the beginning of
August, public donations have been utilized to keep the program
running.
While adequate funds have been identified to continue the operation of
the program beyond September, money is needed to pay September ex-
penses so as to avoid an interruption of services to those in the
community who now depend on the SAINT program to meet their transpor-
tation needs. This resolution authorizes the City Manager to contri-
bute $2,000 to the program to cover September revenue shortfall in the
SAINT Program.
22. Resolution Adopting Bylaws for the Quality of Life Commission.
This Resolution would adopt bylaws for the Quality of Life Commission
that was established by ordinance in February of this year.
The Commission was established to assess community opinion regarding
City services and policies and is composed of nine members that were
appointed by the City Council.
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September 4, 1984
The Commission approved the bylaws at their March meeting and they are
now being presented to Council for approval as required.
23. Resolutions Relating to the Dev!
24
)ment Area at the Fort Collins -
A. Resolution Approving an Easement Agreement with the Fort Collins -
Loveland Water District for the Development Area at the Fort
Collins -Loveland Airport.
B. Resolution Approving an Easement Agreement with the South Fort
Collins Sanitation District for the Development Area at the Fort
Collins -Loveland Airport.
The Cities of Fort Collins and Loveland have previously constructed
improvements at the Fort Collins -Loveland Airport for a development
area. These improvements included the construction of streets, curbs,
gutters and utilities to lots and parcels of property on the east side
of the Airport, south and east of the existing hangar facilities. The
Fort Collins Sanitation District and the Fort Collins -Loveland Water
District have placed their utilities in the streets and set backs to
serve the development property. Now that those utilities are in-
stalled and have been surveyed, easements have been prepared granting
to the South Fort Collins Sanitation District and to the Fort Collins -
Loveland Water District the right to enter upon the property for the
purpose of constructing, maintaining, repairing and servicing the
utility lines placed upon the property.
Resolution Authorizing the Mayor of the City of Fort Collins to Enter
into An Agreement with Triad Development Corporation Providing for the
Construction of Taxiway Improvements and the Granting of an Easement
Don
In May of 1982, the Cities of Fort Collins and Loveland entered into
an agreement with Triad Development Corporation for taxiway improve-
ments upon the Airport property which would permit aircraft access to
the Airport taxiways and runways from an adjacent property being
developed by Triad. The Triad development had been previously ap-
proved by Larimer County. The 1982 Triad Agreement provided that the
Cities would grant the easement upon the condition that Triad would
construct the improvements not later than two years after the date of
execution by the parties, a time period now expired.
Triad Development Corporation has now commenced the construction of
its project. Staff members from the Cities of Fort Collins, Loveland '
and the Airport Authority have negotiated the terms of the proposed
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September 4, 1984
Amended Taxiway Improvement and Easement Agreement. The Airport
Authority has approved the Agreement which also will also be con-
sidered by the City of Loveland at its next Council meeting on Sep-
tember 4th.
25. Authorization of an Out -of -City Water and Sewer Tap for the Property
at 2407 West Drake.
Mrs. R.W. Horton is requesting City water service to her property
which is located at 2407 West Drake Road. The property is located on
the south side of Drake Road west of Taft Hill Road and east of the
Dixon Creek P.U.D.
26. Warranty Deed from Anheuser-Busch, Inc. for Rights -of -Way for Im-
provements to Larimer County Roads 50, 52, and 9.
The Master Agreement between the City of Fort Collins and Anheuser-
Busch contains provisions relating to perimeter roads around the
proposed brewery development. This Special Warranty Deed grants
rights -of -way from Anheuser-Busch, Inc. to the City of Fort Collins
for 10 parcels of property for improvements to perimeter roads. This
deed pertains only to dedications adjacent to County Road 50, 52, and
9, and does not include dedication of a frontage road adjacent to
Interstate Highway 25, which dedication will be made later, after the
alignment is determined with greater precision.
27. Waiver Request to Off Site Street UGA Phasing Criteria Requi
for Lvnn Acres ReDlat. -
This is a request for a waiver to the off -site street improvement
phasing criteria requirements included in the Intergovernmental
Agreement for the Fort Collins Urban Growth Area. The waiver request
is being made in conjunction with a rezoning request and a request to
replat Lots 4 and 5 of Block 7 of the Lynn Acres Subdivision located
north of Trilby Road and east of College Avenue. The replat would
create three lots out of two (total area 5.6 acres). The rezoning and
replat were County Referrals to the Planning and Zoning Board.
The subject property is located adjacent to the recently improved
portion of Trilby Road from College Avenue to the City's Transfort
building. The replat will create only one additional single-family
building and therefore have minimal impact of the adjacent streets.
Ordinances on Second Reading were read by title by Molly Davis, Deputy City
Clerk.
' Item #4. Second Readin of Ordinance No. 106, 1984, Annexing Approximate
5.15 cres Known as the Tempel Annexation.
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September 4, 1984
Item #5. Second Reading of Ordinance No. 107, 1984, Zoning Approximately
5.15 Acres, Known as the Tempel Annexation, to the R-P, Planned
Residential Zoning District.
Item #6. Second Reading of Ordinance No. 108, 1984, Annexing Approximately
2.25 Acres Known as the First fisher-Lemay Avenue Annexation.
Item #7. Second Reading of Ordinance No. 109, 1984, Zoning Approximately
2.25 Acres Known as the First Fisher-Lemay Avenue Annexation to
the B-P, Planned Business oning istrict.
Item #8. Second Reading of Ordinance No. 113, 1984, Amending Section
104-11 C of the Code of the City of Fort Collins Relating to
Transactions and Items Subject to the City Sales Tax.
Item #9. Second Reading of Ordinance No. 114, 1984, Amending Section 73-32
of the Code of the City of Fort Collins Relating to Door -to -Door
Sales.
Item #10. Second Reading of Ordinance No. 115, 1984, Authorizing the City
Manager to Enter into an A reement with Fairways hlarketin
orporation for airway Markers/Signs at ,ty Par Nine Golf
Course.
Item #11. Second Reading of Ordinance No. 116, 1984, Vacating Electrical
Easements Described in Larimer County Records Book 1507 Page 321
aoe
Ordinances on First Reading were read by title by Molly Davis, Deputy City
Clerk.
Item #12. Hearing and First Reading of Ordinance No. 120, 1984, Vacating
Easements in the Replat of Fairview Shopping Center, Filing II
Matador Apartments, Phase IV).
Item #13. Hearing and First Reading of Ordinance No. 121, 1984, Vacating a
Item #14. Hearing and First Reading of Ordinance No. 122, 1984, Authorizing
the Expenditure of the Colorado Historical Society Grant of
or SWving in the Museum.
Item #15. Hearing and First Reading of Ordinance No. 123, 1984, A ro ri-
ating Funds from Prior Year Reserves in the Street versizin
Fund.
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September 4, 1984
Item #16. Hearing and First Reading of Ordinance No. 124, 1984, Decreasing
the Amount for Payment In -Lieu -of Water Rights from �100 to
1000 Per Acre Foot.
Item #17. B. Hearing and First Reading of Ordinance No. 125, 1984, Appro-
priating Funds to Pav the Required Citv Match.
Item #18. B. Hearing and First Reading of Ordinance No. 126, 1984
priating Prior Year Reserves in the Equipment Fund.
Councilmember Clarke made a motion, seconded by Councilmember Elliott,
to adopt and approve all items not removed from the Consent Calendar.
Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Ohlson, Rutstein,
and Stoner. Nays: None.
THE MOTION CARRIED.
Ordinance Relating to the Submission
of a Referred Measure to the Voters,
Adopted on Second Reading
Following is the staff's memorandum on this item:
"City Council adopted Ordinance 23, 1984 in April to amend Chapter 91 of
the Code regarding smoking in public places. The City Clerk received a re-
ferendum petition on April 30 and certified that it contained a sufficient
number of qualified signatures for the ordinance to be either repealed by
the City Council or placed on an election ballot.
On May 15, Council directed the staff to begin measures to place the issue
before the voters at a special municipal election to be held in conjunction
with the County's General Election on November 6. The City Clerk's office
obtained permission from the County Clerk and Recorder to place the issue
on that ballot.
This ordinance was adopted on First Reading on August 21 by a 6-1 vote and
calls a Special Municipal Election to be held on November 6, 1984 in
conjunction with the County's General Election, and sets out the ballot
language for the smoking ordinance referendum."
Councilmember Knezovich made a motion, seconded by Councilmember Ohlson, to
adopt Ordinance No. 118, 1984 on Second Reading.
Barbara Allison, 1212 Lynnwood Drive, spoke concerning the proposed ballot
language and the intent of Ordinance No. 23, 1984. She commented concern-
ing the August 21 meeting and encouraged Council to reconsider the proposed
ballot language.
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September 4, 1984
Ron Meyer, 2912 Eindborough Drive, local coordinator for GROAN, stated that
the ballot language adopted on August 21 was brought up without the prior
knowledge of his group. He commented that Council did not consider the
staff recommendation on the ballot language, which was in line with Charter
requirements because it summarizes the legislative intent of the Ordinance.
He suggested Council reconsider the language proposed by staff.
Peter Trozan, 706 Countryside Drive, supported the ballot language as
adopted on August 21, and suggested a change of the words "which requires"
to "to require". He also stated each side received equal advance notice of
the language adopted.
City Attorney Huisjen stated that change would be clear, and suggested the
inclusion of a comma after the word "enclosed".
Paul Foppe, 622 Whedbee, stated the ballot language was too watered down to
reflect the legislative intent of a strong ordinance.
Meg Parmer, 3 Wimbledon Court, supported the Ordinance and agreed with the
ballot language.
Connie Acott, 3409 Terry Ridge Road, supported the ballot language.
'
Bruce Lockhart, 2500 E. Harmony Road, questioned the way the Ordinance and
ballot language were handled on August 21 when the language was available
much earlier, and the use of language that worked in San Francisco.
Councilmember Ohlson pointed out that Council did not receive the language
proposed by staff until the Friday before the August 21 meeting.
Councilmember Rutstein stated that the adopted language was not based on
ballot language used in San Francisco.
Mr. Lockhart asked if this Ordinance could be challenged by referendum
petition.
City Attorney Huisjen stated this Ordinance could not be challenged by
referendum because the legislative body has the authority to choose any
ballot language that is in general conformance with the Charter.
Terry Foppe, 622 Whedbee, asked who wrote the current language. She urged
an amendment to strike the word "non-smoking" and insert the word "smoking".
Councilmember Rutstein stated the City Attorney wrote the language with
input from Council and other staff.
,
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September 4, 1984
Lillian Stearly, Laporte, supported the Ordinance.
Councilmember Knezovich asked about Council's latitude in formulating
ballot language.
City Attorney Huisjen replied that Council has latitude to adopt any
version, and either version is acceptable.
Councilmember Rutstein made a motion, seconded by Councilmember Stoner, to
amend the ballot language to substitute the words "to require" in place of
the words "which requires", and to insert a comma after the word "enclosed".
Councilmember Knezovich opposed the proposed amendment to the ballot
language.
The vote on Councilmember Rutstein's motion to amend the ballot language
was as follows: Yeas: Councilmembers Clarke, Elliott, Ohlson, Rutstein,
and Stoner. Nays: Councilmembers Horak and Knezovich.
THE MOTION CARRIED.
Councilmember Knevozich stated the ballot language proposed reflects the
' community's current understanding of the Ordinance.
Councilmember Stoner stated the intent of the Ordinance to have non-smoking
areas is expressed in the proposed ballot language.
Councilmember Clarke expressed Council's concern to present ballot language
that conveys the intent of the Ordinance.
Councilmember Elliott made a motion to amend the ballot language to include
"designation of non-smoking and smoking areas".
THE MOTION DIED FOR LACK OF A SECOND.
Councilmember Rutstein supported language specifying designation of non-
smoking areas.
Mayor Horak commented that information on this ballot language has been
readily available to anyone who requests it, and that Council has con-
sidered all sides of the issue in formulating the proposed ballot language.
He asked that his vote on the issue not be misinterpreted or used by groups
on either side of the issue to support their position.
The vote on Councilmember Knezovich's motion to adopt Ordinance No. 118,
1984 as amended was as follows: Yeas: Councilmembers Clarke, Elliott,
Knezovich, Ohlson, Rutstein, and Stoner. Nays: None. (Mayor Horak
abstained)
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September 4, 1984
THE MOTION CARRIED.
Resolution Authorizing the Filing
and Execution of an UMTA Section 9A
Grant Application, Adopted
Following is the staff's memorandum on this item:
"The attached resolution is a request for two 30' coaches and computer/
office automation hardware under UMTA Section 9A Grant application.
Previously we had applied for three buses and computer hardware under an
amended Section 3 Grant. Recent regulations allow us to only apply for a
10% charge to Section 3 Grant. Consequently, we only received one bus
under amended Section 3.
These two buses applied for under Section 9A will replace the two GMC
buses which are worn out and have high maintenance costs. Matching money
already appropriated for the Section 3 Grant will be used as matching
funds in the Section 9A Grant." '
Councilmember Clarke made a motion, seconded by Councilmember Rutstein, to
adopt Resolution 84-126.
Bruce Lockhart, 615 Mathews, asked about the funding requested under the
previous UMTA grant and about replacement of the GMC buses.
City Manager Arnold stated that this request is necessary because of
changes in UMTA regulations, and that the new buses would be handicapped
equipped.
Councilmember Clarke stated that funds are available using this different
approach.
Director of Transportation Services Bob Lee explained the GMC buses need to
be replaced by new buses because of cost factors.
Councilmember Knezovich noted that Care-A-Van's role is to provide trans-
portation services to the handicapped, and he questioned whether the City's
policy for handicapped accessed transportation is changing.
City Manager. Arnold stated the City's policy is not changing, and Transfort
is not fully handicapped operational. New lifts are being provided as
recommended by the Handicapped Advisory Committee. I
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September 4, 1984
Councilmember Knezovich noted the large federal deficit and opposed apply-
ing for these funds under the new grant regulations. He supported keeping
the buses the City already has.
Councilmember Rutstein commented concerning the handicapped lists, stating
that service needs to be provided for people who need transportation at
times Care -A -Van does not operate.
Councilmember Clarke suggested that the handicapped lifts provide an
opportunity for the handicapped to use Transfort like anyone else. He
supported acquiring the new buses because of high operations costs for the
existing buses.
Councilmember Stoner supported applying for grants for which the City is
eligible.
Councilmember Knezovich expressed concern about undercutting Care-A-Van's
ridership.
' Mayor Horak supported the grant application and noted the City's support
for Care -A -Van.
The vote on Councilmember Clarke's motion to adopt the Resolution was as
follows: Yeas: Councilmembers Clarke, Elliott, Horak, Ohlson, Rutstein,
and Stoner. Nays: Councilmember Knezovich.
THE MOTION CARRIED.
The meeting recessed at 6:30 p.m. and was reconvened at 7:33 p.m.
Citizen Participation
A. Proclamation Naming Month of September as Buy American Month.
Mayor Horak directed the Proclamation be forwarded to the appropriate
party .
B. Proclamation Naming September 9-15 as National Family Day Care Week.
Mayor Horak read the Proclamation, which was received by Julie Haralson
and Connie Lyle.
IC. Mayor Horak read a Proclamation concerning Councilmember Stoner's win
at the CML Golf Tournament in June.
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September 4, 1984 t
Resolution Authorizing the Filing
and Execution of an UMTA Sections
5 and 9 Operating Assistance and
Planning Grant for Transfort, Adopted
Following is the staff's memorandum on this item:
"Transfort is seeking a grant in the amount of $325,482 from Sections 5 and
9 of the Urban Mass Transportation Act of 1964, as amended, to provide
operating assistance for calendar year 1984, and planning assistance for a
5-year Transportation Development Program and a Park and Ride Study.
OPERATING ASSISTANCE
The operating assistance proposal includes the 1984 Transfort budget
projections and requests that 50% of the eligible operating deficit (ex-
penses less revenues) be reimbursed. The budget estimates are as follows:
Eligible operating expenses
less fare box and other revenue
Net project cost
x 50% eligibility
City match (from operating budget)
UMTA Section 9 and 5 request
PLANNING STUDIES
$787,918
173,753
614,165
$307,083 '
307,082
Transportation Development Program (TDP): Every 5 years the Federal
Government requires a comprehensive master plan to be completed in relation
to operations, development and expansion of mass transit programs.
The TOP is intended to serve as a conceptual long-range planning document.
Transit -related projects requesting UMTA funding must be reflected in the
TOP. The City of Fort Collins' current TOP expires in 1985; therefore a
new study needs to be completed.
The proposed TOP will examine all transit -related options in the Fort
Collins Urbanized area; i.e. elderly and handicapped; general public
transportation, and potential coordination options with other providers
such as the school districts, etc. The TOP is expected to cost approxi-
mately $15,000. Local match fundings (20%) will be provided by staff
in -kind services.
Park and Ride: Adequate parking options in the downtown area continue to
be a problem. One highly desirable option for reducing the overall demand
is to develop fringe parking areas on a bus trunkline such as College '
Avenue. The proposed Park and Ride Study would examine the viability of
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September 4, 1984
possible locations for and environmental impacts of park and ride lots
associated with mass transit use. Preliminary discussions with UMTA
officials have resulted in tentative approval for staff to complete an
in-house park and ride study to be funded by UMTA. The study is projected
to cost $8,000. Local matching fundings (20%) will be provided by in -kind
services.
A public hearing has been scheduled for September 4 at 9:00 a.m. to discuss
the proposed sections 5 and 9 program of projects.
Staff recommends adoption of the Resolution."
Councilmember Ohlson made a motion, seconded by Councilmember Elliott, to
adopt Resolution 84-127.
Bruce Lockhart, 2500 E. Harmony Road, commented that UMTA grants may not be
a continuing source of revenue, and asked about City funding if the UMTA
grants would cease.
Mayor Horak stated the funding question would be an issue to be discussed
each budget year.
Councilmember Knezovich asked if the City is relying less on the UMTA
operating grants, and asked about the Minority Business Enterprise program.
Budget Director Silvija Widmer summarized 1983-84 UMTA revenue.
Transportation Services Director Bob Lee stated the City is close to
meeting MBE goals.
The vote on Councilmember Ohlson's motion to adopt the Resolution was as
follows: Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Ohlson,
Rutstein, and Stoner. Nays: None.
THE MOTION CARRIED.
Ordinance Amending Chapter 9 of the City
Code Relating to Districts for Election of
Council Members, Adopted on Second Reading
Following is the staff's memorandum on this item:
"The City Charter requires that Council set new District boundaries by
ordinance at least 6 months before each District election. The next
' General City Election will be held on March 5, 1985, and new boundaries
must therefore be set no later than September 6.
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September 4, 1984 '
To summarize the legal requirements for establishing District boun-
daries:
o Each District must contain approximately the same number of regis-
tered voters.
o Each District should represent a "continuous reasonably compact
unit".
o District boundaries may not divide any precinct.
On August 21, Council was aiven three alternatives of the new map. Alter-
native "A" (informally known as the Knezovich proposal) was selected and
the ordinance was adopted on First Reading by a 4-3 vote."
Councilmember Knezovich made a motion, seconded by Councilmember Clarke, to
adopt Ordinance No. 119, 1984 on Second Reading.
Councilmember Ohlson stated that if the motion failed, he would be prepared
to introduce an alternate motion to adopt the staff's proposal.
Councilmember Knezovich noted the Charter requirements that the Districts '
each contain approximately the same population, and that each District must
represent a contiguous and compact unit. He stated that the proposal
adopted on first reading of the ordinance meets the Charter requirements.
Councilmember Elliott supported the pr000sal adopted on first reading
because it is closest in population figures.
Councilmember Clarke supported the proposal because of the cleaner east -
west separation along Prospect Street.
Councilmember Rutstein commented that equal population may not be as
important because voting in District elections is at -large. She supported
drawing cleaner boundary lines to avoid confusion about District represen-
tation.
Mayor Horak supported making the population figures as equal as possible.
Councilmember Stoner commented that some of the proposals with cleaner
boundaries had too large a population difference.
The vote on Councilmember Knezovich's motion to adopt Ordinance No. 119,
1984 on Second Reading was as follows: Yeas: Councilmembers Clarke,
Elliott, Knezovich, and Stoner. Nays: Councilmembers Horak, Ohlson, and
Rutstein.
THE MOTION CARRIED.
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September 4, 1984
Items Related to Financing of
Phase II of the Lemay/Harmony
cial Improvement District No. 78
Following is the staff's memorandum on this item:
"A. Hearing and First Reading of Ordinance No. 127, 1984, Authorizing the
Issuance of Lemay/Harmony Special Improvement District No. 78 (Phase
II) Special Assessment Bonds in the Aggregate Principal Amount of
$3,100,000.
B. Hearing and First Reading of Ordinance No. 128, 1984, Authorizing the
Issuance of a Street Oversizing Fund Revenue Note in the Principal
Amount of $286,000.
This Agenda Item contains two Ordinances; the first Ordinance (A) autho-
rizes the issuance of $3,100,000 of Special Assessment Bonds for Phase II
of the District and additionally appropriates $2,245,875 of the proceeds in
the Capital Projects Fund for construction of the Phase II improvements and
associated costs. The second Ordinance (B) authorizes the issuance of a
Street Oversizing Fund Revenue Note in the principal amount of $286,000.
On June 21, 1983, Hearing and First Reading of Ordinance No. 86, 1983 was
held creating the Lemay/Harmony Special Improvement District No. 78 and
authorizing proceeding with the future financing concerning the District.
On September 6, 1983, Ordinance No. 117, 1983 was passed on First Reading,
authorizing the issuance of $1,885,000 of Special Assessment Bonds for
Phase I of the District.
The interest rates on the Bonds will be presented for inclusion in the
Ordinance at the Council meeting, as is our normal practice for Bond
sales.
The Bond issue contains three years capitalized interest in the proceeds;
one year to be utilized for construction interest and the other two years
to allow dispersion to take place within the development area of the
District.
The use of proceeds of the Bond issue is as follows:
Construction and Engineering Costs $2,170,400
Capitalized Interest. 776,625
Underwriting Discount 77,500
Issuance Cost 75,475
Amount of Issue $3,100,000
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September 4, 1984 '
When the District was established in June of 1983, the street oversizing
obligations of the City were presented to the City Council with the recom-
mendation that credits be utilized for the developers against the street
oversizing obligation of the City for Phase I of SID 78 as well as Phase
II, with the exception of the Harmony Road oversizing. The City's Public
Works Department, as well as the developers, did not estimate that there
would be sufficient development in the area to utilize the credits arising
from the oversizing of Harmony Road. The Public Works staff felt that the
best option for satisfying the City's obligation for oversizing of Harmony
Road would be a ten-year payout to the developer.
We have structured the Street Oversizing Fund Revenue Note so that it will
pay to the developers the principal amount of $286,000 over ten years at
the same interest rate that the Special Improvement District Bonds bear.
Additionally, we have required the developer to place the City's note in
Escrow and to pledge the City's payments on the note as security for
the developers' special assessment obligation. This is the technique
that was envisioned at the beginning of this District to provide some
additional security to the bond holders. We have, subsequent to the
establishment of this District, established policies and procedures con-
cerning special improvement districts and now look primarily to the value
of the land for security."
'
Finance Director Jim Harmon stated the first Ordinance authorizes the
issuance of bonds at an average interest rate of 10.775% and a net effec-
tive interest rate of 11.04%. The second Ordinance authorizes the issuance
of a Street Oversizing Fund Revenue Note.
City Attorney Huisjen read the interest rates to be included on page 4 of
Ordinance No. 127, 1984.
Councilmember Rutstein made a motion, seconded by Councilmember Knezovich,
to adopt Ordinance No. 127, 1984 on First Reading with the insertion of
interest rates on page 4 of the Ordinance.
Councilmember Clarke expressed concern about the City's obligation to the
street oversizing fund.
City Manager Arnold stated the unfunded liability has been a continuing
problem and is a known figure. Funding of the unfunded liability will be a
continuing problem.
Jim Harmon stated the liability of the fund at the end of 1983 was $2.9
million, with available assets of $736,000.
City Manager Arnold stated a report will be brought back to Council on the '
issue.
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September 4, 1984
The vote on Councilmember Rutstein's motion to adopt Ordinance No. 127,
1984 as amended was as follows: Yeas: Councilmembers Clarke, Elliott,
Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None.
THE MOTION CARRIED.
City Attorney Huisjen read changes to be added on page 4 of Ordinance No.
128, 1984.
Councilmember Stoner made a motion, seconded by Councilmember Rutstein, to
adopt Ordinance No. 128, 1984 on First Reading with the additions on page
4. Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Ohlson,
Rutstein, and Stoner. Nays: None.
THE MOTION CARRIED.
City Manager's Report
City Manager Arnold reported that Larry Schneider of the Streets Department
won a regional Equipment Excavation Rodeo competition held on July 21, and
he will be competing in the national competition.
City Manager Arnold reported on the West Mountain Avenue Newsletter sent
out to keep interested parties informed on the trolley issue.
City Manager Arnold reported on the EPA hearings on a waste site permit
applied for by Hewlett-Packard. City staff has reviewed the waste site
proposal and has determined that the City has no negative comments to offer
at the EPA hearings, and that the proposal is an example of how to manage
hazardous wastes properly.
City Manager Arnold reported that there would be a Future Energy Resources
Tour on September 5. Energy specialists from eight countries will visit
Light and Power and PRPA.
City Manager Arnold stated there will be a Computer Energy Fair to offi-
cially open the computer center at the Library on September 8.
City Manager Arnold noted a news release sent out by Linda Hopkins and Josh
Richardson distributed at Bennett School to clarify the situation at Pros-
pect and Shields, which has alleviated problems at that busy intersection.
Councilmembers' Reports
Councilmember
Knezovich
reported on a
CML session
on
the sales
tax simpli-
'
fication issue
and the
City's lobbying
concerning
the
proposed
legislation.
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September 4, 1984
Public Hearing on 1985 Recommended Bud
City Manager Arnold presented an overview of the recommended 1985 budget
and noted that neighborhood meetings on the budget are scheduled. He
stated this is also a public hearing on use of revenue sharing funds. The
net budget is $108 million, and S158 million will be appropriated because
of the legal requirement to appropriate internal transfers.
Mayor Horak stated that Council and staff would be discussing the budget at
the September 11 work session. Mayor Horak opened the public hearing on
the budget.
Bruce Lockhart, 2500 E. Harmony Road, asked about capital spending for
operations and maintenance costs for the new indoor pool/ice rink facility.
City Manager Arnold stated the 1985 budget includes S19,000 for start-up
staff costs. The 1986 budget will detail operations and maintenance costs
provided from the 1/4¢ sales tax.
Mr. Lockhart asked about construction costs for the pool/ice rink facility.
City Manager Arnold stated that the figures include financing costs and
that Mr. Lockhart's question could be addressed in detail at the September
11 work session.
Terry Foppe, 622 Whedbee, asked for information on the proposed 1985 low
income housing construction program which is budgeted for about $162,000.
She asked about maintenance costs.
Director of Planning and Development Curt Smith stated that $162,500 would
be spent for construction of eight to ten housing units owned by the
Housing Authority to increase the available public housing stock. He
stated that maintenance costs are recovered through rental paid by the
tenants.
Mayor Horak closed the hearing and noted that a budget hearing was sched-
uled at Moore School on September 5 at 7:00 p.m.
Resolution Creating a Cable Advisory Board
and a Public Access Advisory Board, Adopted
Following is the staff's memorandum on this item:
"The proposed Resolution creates a Cable Advisory Board and a Public Access
Advisory Board, sets out the purposes of each board and sets forth the
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ISeptember 4, 1984
composition and responsibilities of the boards. The Cable Advisory Board
will provide an opportunity for citizens to give input to Columbine Cable -
Vision on an informal and ongoing basis while the Public Access Advisory
Board will promote public access programming in Fort Collins. Each board
will have seven members plus one ex officio member who will be a represen-
tative of Columbine CableVision. The members will serve for four year
terms without monetary compensation.
The Resolution making appointments to the Cable Advisory Board and the
Public Access Advisory Board is a separate item on this agenda."
Councilmember Knezovich made a motion, seconded by Councilmember Rutstein,
to adopt Resolution 84-133.
Councilmember Knezovich noted that the creation of the two Boards will
provide an opportunity for a continuing dialogue.
David Wood, attorney representing Columbine Cablevision, pledged his
client's support and cooperation to make the efforts of the two boards
successful.
The vote on Councilmember Knezovich's motion to adopt the Resolution was as
follows: Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Ohlson,
Rutstein, and Stoner. Nays: None.
THE MOTION CARRIED.
Resolution Making Appointments to
the Cable Advisory Board and the
Public Access Advisory Board, Adopted
Following is the staff's memorandum on this item:
"During the Five Year Review of the performance of Columbine CableVision
under its franchise agreement to provide cable television services in the
City, Council determined the need for several boards to monitor cable
television matters.
The attached Resolution makes appointments to the Cable Advisory Board and
the Public Access Advisory Board. Seven members with initial overlapping
terms will be appointed to each Board by Council. A representative
designated by Columbine CableVision will also serve on each Board.
The recommendations of Councilmembers Knezovich and Rutstein, who served as
' the review team for the applications received, have been forwarded to
Council under separate cover."
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September 4, 1984
Councilmember Rutstein made a motion, seconded by Councilmember Knezovich,
to adopt Resolution 84-134 with the following names inserted for the terms
set out in the Resolution:
Cable Advisory Board
Lewis Wymisner
July
1,
1985
Stacy Poncelow
July
1,
1986
Dan Zimmerman
July
1,
1986
Russell Legg
July
1,
1987
Dave Swigert
July
1,
1987
Warren Berman
July
1,
1988
Robert Winoker
July
1,
1988
Public
Access Advisory Board
Arthur Botterell
July
1,
1985
Bear Jack Gebhardt
July
1,
1986
Anita Montgomery
July
1,
1986
Daniel Hilleman
July
1,
1987
Bruce Freestone
July
1,
1987
James Heaton
July
1,
1988
'
Dan Arensmeier
July
1,
1988
Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Ohlson, Rutstein,
and Stoner. Nays: None.
THE MOTION CARRIED.
Resolution Regarding the Five Year
Review of the Performance of the
World Company (d/b/a Columbine CableVision)
Under the Terms of the 1978 Franchise
Aqreement, Adopted as Amended
Following is the staff's memorandum on this item:
"The City Council continued the discussion and approval of the five year
review of Columbine Cable approximately two months ago. At that time,
Council indicated that they felt several items had not been adequately
addressed. Those items, and their current status, are as follows:
1. Sales Tax Refunds - Columbine's efforts appear to be addressing
the sales tax refunds. I
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September 4, 1984
2.
Technology Update or Timetable - Council had asked Columbine to
provide some additions in ormation on how they proposed to update
their system to state-of-the-art technology. Mr. Simons indicated
at that time that he was hesitant to place in writing anything
that would be perceived as a guarantee or binding commitment due
to that fact that the state-of-the-art is changing so rapidly.
However, he had indicated a willingness to describe in more detail
those state -of -the art improvements he is hoping to achieve and in
what time frames. Staff has made inquiries as to whether or not
Columbine would be providing any information for this meeting but
had not received a response by Thursday.
3.
Public Access Corporation/Advisory Board - Appointment of a Public
Access Advisory Committee is scheduled 7or the September 4 Council
meeting.
4.
Cable Advisory Board - Appointment of a Cable Advisory Board is
scheduled for the September 4 Council meeting.
5.
Leased Access Guidelines - The staff review (see attached memo) to
date indicates no generally accepted language regarding leased
access. There seem to be a variety of approaches that are
being taken around the country. It is also important to remember
that the area of leased access is not strictly governed by our
franchise. As such, any changes in the manner in which Columbine
Cable handles leased access would be the result of convincing
Columbine Cable of the benefits of those proposed changes. It
might be appropriate to forward this subject to one of the newly
appointed committees. That committee could then assess the
relative importance of revisions to the leased access guidelines
and place that on their work agenda accordingly.
At this
time, Council appears to have three options:
a)
Approve Resolution 84-105, bringing the 5-year review to closure.
b)
Approve the 5-year review with exceptions "in any areas Council
does not believe to have been adequately addressed."
c)
Continue the item again."
Councilmember
Knezovich made a motion, seconded by Councilmember Clarke, to
adopt Resolution 84-105.
David Wood, attorney representing Columbine CableVision, addressed the
issues of continuing concern discussed on July 3, 1984 leading to continu-
ance of this Resolution for 60 days:
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September 4, 1984 '
1) The appointment of advisory boards and a statement by Columbine
CableVision of willingness to cooperate and participate. He
stated that the creation of the two Boards will resolve the need
for a process for a continuing dialogue and a reporting process to
Council. He commented that the Boards could function in the
capacity of monitoring community interests, and he would not
perceive the Boards as functioning in an adversarial role.
2) Public Access. He stated that Columbine has done an outstanding
job of making public access time available, and the availability
is not as critical an issue as production costs. He suggested
that the Public Access Advisory Board and City Manager's office
might work out protocols and working arrangements with Columbine
to allow fair public access without detriment to Columbine or its
subscribers.
3) The technolocy timetable. He stated that such a timetable is
difficult to determine because of changing FCC regulations,
general economic considerations, copyright laws, changing tele-
vision viewing habits, and changes in available technologies. He
stated that Columbine has taken a number of steps to re -engineer
the system, as outlined in a memo dated April 12. Steps are being I
taken to increase the channel capacity, to improve security from
theft, to undertake unauthorized use, and to enhance signal
strength.
Mr. Wood summarized the position of Columbine CableVision as a pledge to
cooperate to deal with issues as they arise and to remain state -of -the art.
Columbine views cable television as an enhancement to communications as
well as entertainment.
Councilmember Ohlson asked why Columbine has not provided anything in
writing on the technology timetable.
Mr. Wood stated it is difficult to predict future improvements, although
engineering is taking place, and Columbine is pledging to remain a state-
of-the-art system.
Councilmember Knezovich suggested the possibility of amendments to the
Resolution. He expressed concerns about leased access and the need for
development of guidelines, stating that if Columbine CableVision has final
authority in this matter it could be viewed as censorship.
Mr. Wood stated that the creation of the Boards has provided a format for a
continuing dialogue, and asked that Council conclude the five-year review
and proceed under the new review process. He commented that all broad-
casters exercise judgment in the area of leased access, and final responsi-
bility must rest with the proprietor of the system.
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September 4, 1984
Councilmember Knezovich expressed dissatisfaction with the leased access
guidelines that have been established. He commented that the franchise
agreement does not provide for a continuing dialogue. He stated that
leased access will be a continuing issue.
Mr. Wood stated that the Boards may provide an outlet for dialogue, and he
pledged Columbine's participation. He stated that it took so long to
develop the current leased access guidelines because the first years have
been tied up in development of the system and because of a limited demand
for leased access.
Councilmember Rutstein asked about Columbine being the ultimate decision
maker and about the role of the two Boards in leased access.
Mr. Wood stated the Boards could not be asked to sit in judgment and to
assume the liability for program content. Columbine is accountable and has
assumed the responsibility as the proprietor of the system. He stated that
the Boards could have a role in providing input for establishment of leased
access guidelines.
' Councilmember Rutstein asked whether the franchise fee reporting issue has
been resolved.
Councilmember Knezovich stated that the reporting has been satisfactory.
He expressed a concern that Columbine has the exclusive right to provide
service to areas annexed to the City.
City Manager Arnold commented on the use tax payment issue.
Mr. Wood stated that the Department of Revenue has completed an audit, and
an amount is due to the City and State. The oversight regarding payment of
use tax will be corrected.
James Heaton, 416 North Roosevelt, reviewed the reservations of the Five -
Year Review Committee in various areas of Columbine's performance, and
weaknesses in the franchise agreement. He suggested the creation of a
regulatory body with enforcement powers. He asked about funding needs of
the two Boards.
City Manager Arnold stated that funds can be appropriated by Council to
meet budgetary needs, and staff support will be provided by the City
Manager's office.
Councilmember Knezovich made a motion, seconded by Councilmember Clarke, to
' amend their original motion to adopt the Resolution, amending Section 2 to
read:
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1
September 4, 1984
"2. That the response of the franchisee dated April 12, 1984 be
deemed an acceptable initial response to the concerns posed
by the Cable Franchise Review Committee";
and adding a new section 3 as follows:
"3. That the franchisee enter into a continuing dialogue,
working toward satisfactory mutual solutions with both the
Cable Advisory Board and the Public Access Review Board, to
resolve the issues which have arisen in the areas of leased
access, basic programming fees, technology updating, and
cost sharing arrangements for public access.";
renumbering section 3 to 4; and to add at the end of the final WHEREAS
clause the phrase "participating in a Public Access Advisory Board".
City Manager Arnold asked whether Columbine has agreed to participate in a
Public Access Advisory Board.
Mr. Wood stated that Columbine CableVision agrees to participate in a
Public Access Advisory Board and will enter into a dialogue with both '
committees.
Councilmember Clarke commented on the differences between public access and
leased access.
The vote on Councilmember Knezovich's motion to adopt the Resolution as
amended was as follows: Yeas: Councilmembers Clarke, Elliott, Horak,
Knezovich, Ohlson, Rutstein, and Stoner. Nays: None.
THE MOTION CARRIED.
Ordinance Transfering Funds into a Project
to be called the Mountain Avenue/Walnut
Street Improvements Project,
Adopted as Amended on First Reading
Following is the staff's memorandum on this item:
"Ordinance No. 117 was tabled by the City Council at their August 21st
meeting.
New developments suggest that the item should be reconsidered.
Attached is a memorandum from the City Manager outlining a new approach. I
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September 4, 1984
Staff recommends adoption of Ordinance No. 117, 1984, as amended in this
agenda package. The amendments outline what the funds will be used for and
delete $10,000 from section 2 of the ordinance which would have been used
for temporary improvements."
Councilmember Clarke made a motion, seconded by Councilmember Elliott, to
reconsider the August 21 motion tabling Ordinance No. 117, 1984 to Septem-
ber 18. Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Ohlson,
Rutstein, and Stoner. Nays: None.
THE MOTION CARRIED.
City Attorney Huisjen noted that the August 21 motion to table Ordinance
No. 117, 1984 to September 18 was now on the floor.
The vote on the motion to table was as follows: Yeas: None. Nays:
Councilmembers Clarke, Elliott, Horak, Knezovich, Ohlson, Rutstein, and
Stoner.
THE MOTION FAILED.
' City Attorney Huisjen noted that version A of Ordinance No. 117, 1984 was
now before Council for consideration, and the Ordinance needed to be
amended in Section 2 to substitute the dollar amount $60,000 as indicated
in the version of the ordinance in the agenda packet.
Councilmember Rutstein made -a motion, seconded by Councilmember Ohlson, to
amend the Ordinance to insert the amount $60,000 in Section 2. Yeas:
Councilmembers Clarke, Elliott, Horak, Knezovich, Ohlson, Rutstein, and
Stoner. Nays: None.
THE MOTION CARRIED.
Councilmember Knezovich asked about handicapped access ramps and the high
curb at Remington and Mountain.
City Engineer Tom Hays stated that the project will improve handicapped
accessibility for the Senior Center.
Councilmember Ohlson stated he opposed a $5,000 incentive bonus for early
completion of the project.
Tom Hays stated the bonus was proposed by staff to get the work done
quickly, to ensure survival of the landscaping, and to attract more bidders.
' Councilmember Ohlson made a motion, seconded by Councilmember Elliott, to
amend the Ordinance to add a new Section 5 directing that no incentive
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September 4, 1984 t
bonus be awarded for early completion. Yeas: Councilmembers Clarke,
Elliott, Ohlson, and Rutstein. Nays: Councilmembers Horak, Knezovich, and
Stoner.
THE MOTION CARRIED.
The vote on the motion on the floor from August 21 to adopt Ordinance
No. 117, 1984 on First Reading, with the adopted amendments, was as fol-
lows: Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Ohlson,
Rutstein, and Stoner. Nays: None.
THE MOTION CARRIED.
(Secretary's Note: The motion on August 21 was made by Councilmember
Rutstein and seconded by Councilmember Clarke, and is noted on page 130 of
the Council minutes.)
Items Relating to Heart Special
Improvement District No. 84
Following is the staff's memorandum on this item:
"A. Resolution Accepting a Petition of Property Owners Regarding the I
Initiation of a Special Improvement District.
B. Resolution Accepting the Report of the Costs, Assessments and Plans
for the Heart Special Improvement District No. 84.
C. Hearing and First Reading of Ordinance No. 129, 1984, Relating to the
Creation and Organization of Special Improvement District No. 84.
GENERAL SUMMARY OF IMPROVEMENTS
The purpose of this Special Improvement District is to construct street
improvements, water, sanitary sewer, and storm drainage improvements, on
or,under John F. Kennedy Parkway from Boardwalk Drive southerly approxi-
mately 1,900 feet, and on or under Troutman Parkway from Boardwalk Drive
westerly approximately 1,000 feet. In addition, Larimer Canal No. 2 will
be improved and realigned and a bridge will be constructed over the canal
at the intersection of JFK and Troutman Parkways (sketch included).
SUMMARY OF COSTS
The estimated costs of the improvements to the district participants and
the City are shown below. These estimated costs include construction and
rights -of -way acquisition associated with the District including 10% I
contingency to the construction costs.
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Construction (Incl. 10% Contingency)
Right -of -Way
City Costs
Construction (Street Oversizing,
including 10% Contingency)
TOTAL COST
FUNDING CITY COSTS
September 4, 1984
$552,200
227,000
$779,200
239,800
$1,019,000
The City's oversizing is estimated to be $239,800. The District proposes
to defer a part of this cost by financing through the District an amount
equal to the estimated street oversizing fee generated from future building
permits. This is estimated at approximately $100,380 leaving $139,420
to be paid by the City from the oversizing fund at large. Staff believes
the oversizing fund has sufficient resources to make this payment in 1985
or 1986 and that the completion of these segments of these two major links
in our overall transportation system are of interest to the City. This is
another step in the full development of the South College area. The
construction of these streets at this time will open up this area to
commercial development. Further, it establishes the alignment of these
major links and will resolve, once and for all, the question of where JFK
will intersect Harmony Road which will allow the owners of the property
involved an opportunity to properly plan their development.
INCIDENTAL COSTS
Incidental costs, such as engineering, construction interest, legal,
advertising, postage, printing and collection costs are not included but
will be calculated and included in the bonding ordinance.
BONDING
The district will use interim financing from private sources and bonds will
be sold after completion of construction.
STAFF RECOMMENDATION
This District is consistent with the City's Master Street Plan. The
concepts are consistent with previous districts. Staff recommends approval
of the resolutions and ordinance creating the District."
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September 4, 1984 '
City Engineer Tom Hays stated this is a voluntary Special Improvement
District, and the property owners are proposing to fund the costs up front
through private sources. The completed district will be brought to the
City at a later date for assessment and sale of bonds.
Councilmember Stoner asked about opposition from owners or others that are
impacted by the district.
Dennis Donovan, representing the property owners in the District, stated
that two clarifications should answer the concerns of an adjacent property
owner. The SID does not build JFK Parkway to Harmony Road, but the design
will accommodate the intersection of Hogan Drive and Harmony Road. In
addition, JFK Parkway was moved easterly so it would not run across adja-
cent property that could not participate in the District. He addressed the
superblock concept from the access and frontage standpoint and stated it is
not the intent to prohibit access.
Councilmember Knezovich asked for a summary of the property ownership in
the District.
Dick Gast, attorney for the property owners, stated the petition submitted '
to the City lists the property owners.
Mr. Donovan summarized the property ownership for each parcel.
Councilmember Stoner noted he would withdraw from discussion and voting on
this issue because of a possible conflict of interest.
Councilmember Clarke made a motion, seconded by Councilmember Elliott, to
adopt Resolution 84-135 accepting the petition of the property owners.
Councilmember Knezovich asked about whether it would be necessary to obtain
agreements with water and sanitation districts for this property.
City Attorney Huisjen replied that the property is served by City utilities.
Councilmember Rutstein asked about the disadvantages of funding a district
in this manner.
Tom Hays replied that the advantages are in the expenditure of City funds
at a later date and in not overbonding. There are no significant disadvan-
tages.
Councilmember Elliott asked about City costs for street oversizing.
Mr. Hays replied that this District will not jeopardize the Street Over-
sizingI
Fund.
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September 4, 1984
William J. Strickfadden, representing Fort Collins Assemblage Ltd., a
non -participating adjacent property owner, stated the District is accept-
able with the clarifications noted by Mr. Donovan.
The vote on Councilmember Clarke's motion to adopt the Resolution was as
follows: Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Ohlson,
and Rutstein. Nays: None. (Councilmember Stoner withdrawn)
THE MOTION CARRIED.
Councilmember Knezovich made a motion, seconded by Councilmember Ohlson, to
adopt Resolution 84-136. Yeas: Councilmembers Clarke, Elliott, Horak,
Knezovich, Ohl son, and Rutstein. Nays: None. (Councilmember Stoner
withdrawn)
THE MOTION CARRIED.
Councilmember Knezovich made a motion, seconded by Councilmember Ohlson, to
adopt Ordinance No. 129, 1984 on First Reading. Yeas: Councilmembers
Clarke, Elliott, Horak, Knezovich, Ohl son, and Rutstein. Nays: None.
(Councilmember Stoner withdrawn)
THE MOTION CARRIED.
Resolution Authorizing the City Manager
to Enter into a Contract with Black and
Veatch Engineers for Design and Inspection
Services for the 20 MGD Expansion at WTP #2
and Related Transmission and Distribution
Facilities, Adopted
Following is the staff's memorandum on this item:
"At their July 17th meeting, the City Council adopted Resolution 84-112
authorizing the staff to negotiate an engineering services contract with
Black & Veatch for the design and inspection of the 20 mgd expansion at WTP
#2 and related transmission and distribution facilities.
Black & Veatch will provide all predesign and final design services for the
lump sum of $1,097,000, plus other services including bidding phase ser-
vices, construction phase services, and resident inspection services,
estimated at $470,500. The total cost of Black & Veatch services is
estimated at ($1,097,000 + $470,500) $1,567,500. Additional engineering
costs not provided by Black & Veatch, such as geotechnical investigations
and property surveys, are estimated at $92,000. Therefore, the total
engineering cost for the project is estimated at $1,6 9,5 0. Of this
amount, approximately $458,000 will
be contracted
to
local firms.
These
'
firms are M & I Engineers, Empire
Laboratories,
and
Architecture
Plus.
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September 4, 1984
A summary of the tasks which will be performed by the consultant is as
follows:
I. Engineering surveys, preliminary investigations, and geotechnical
investigations.
I1. Predesign study.
Assistance will be provided to the City in pilot plant investigation
of the use of ozone, together with possible other chemical treatment
systems. Preliminary investigation of all reasonable and feasible
alternatives will be conducted for each component of the work,
culminating in preliminary design layouts and design memoranda. The
major components of the project include:
1. Raw water intake facilities on the Poudre River at WTP #1.
Studies will be conducted of various ways to raise the existing
dam height, reduce leakage, improve water diversion and presedi-
mentation, and treat or provide for cleaning of the transmission
mains in the canyon which will be converted from treated to raw
water service.
Raw water pipeline.
The efforts during predesign will be to test the canyon pipelines
for conversion to higher pressure raw water lines. All of the
various changes in air relief valves, blowoffs, etc. will be
identified. A major new 36-inch raw water line will be required
to be constructed between the Bellvue area and WTP #2, since the
existing treated water line is in poor condition and is under-
sized. The routing of this line, sizing, materials selection,
and other design details will be determined during the predesign
phase. This work will be accomplished by a local firm under
subcontract to Black & Veatch.
WTP #2 improvements.
There are a number of ways to make the improvements to provide an
additional 20 mgd of capacity at the plant. Treatment of both
Poudre and Horsetooth water, either separately or combined, needs
to be investigated. Various types of coagulation/sedimentation
and filtration treatment process configurations are possible.
Consideration of generating hydro power, both with the Horsetooth
and Poudre supplies, will be investigated. The final design of
any hydro power option has not been included in the scope of
services of this contract.
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1
September 4, 1984
4. Treated water transmission.
Leaving the two 15 mg treated water reservoirs at WTP #2 will be
a new 48-inch transmission main, which will run in a northeaster-
ly direction until it can connect with the existing 20-inch and
27-inch transmission mains.
This connection will be somewhere in the vicinity of Vine Drive
east of Overland Trail. This line will also serve as the first
segment of the northeast transmission main loop, which will
provide water for the proposed brewery as well as other demands
in the northeast section. The predesign and design of this
project component will be accomplished by a local firm under
subcontract to Black & Veatch.
5. Customer service improvements.
With the termination of treated water service from WTP #1, a
number of customers to the northwest of the City will require
alternate systems of supply. These will consist of possible
wells, pump stations, and smaller distribution lines. Customers
affected are in the Poudre Canyon, Bellvue area, Bingham Hill
area, LaPorte and West Fort Collins Water District. This work
will also be done by a local consultant under subcontract to
Black & Veatch.
III. Final design.
Following the predesign studies, final design of each of the compo-
nents will be accomplished, culminating in two sets of plans and
specifications which will be advertised for contractor bids.
The landscaping at WTP #2 will be accomplished by a local landscape
architect, who will also provide a rendering of the plant.
IV. Bidding and construction phases.
Black & Veatch and its subcontractors will assist the City in obtain-
ing bids, award of contracts, construction administration, and
resident engineering and inspection of all of the project components.
After going through
the negotiation process, it is apparent that Black &
Veatch has a very
good understanding and
appreciation of the various
complex elements of
the proposed project.
The City must be comfortable
that the design fee
will adequately allow
the consultant to provide the
necessary resources
that is not done in
to address these complexities
advance, the consultant
as they surface. If
will have a tendency to try to
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September 4, 1984 '
cut back in some areas of service or initiate change orders. This is an
important factor which the staff believes is more significant than the
relatively small difference in contract price ($66,500) between the
present proposal from Black & Veatch and the previous proposal from John
Carollo Engineers. During a previous Council meeting a representative from
the Carollo firm stated that their estimated price for the proposed engi-
neering services was $1,593,000 (including geotechnical investigations and
property surveys).
Taking into account the recent contract negotiations, Black & Veatch's past
performance, their knowledge of the City's water system, and the consultant
selection committee's findings, the staff recommends that the City Council
authorize the City Manager to enter into the proposed engineering services
contract with Black & Veatch Engineers on the terms as outlined above."
Councilmember Knezovich made a motion, seconded by Councilmember Stoner, to
adopt Resolution 84-137.
Councilmember Knezovich asked about the expenditure of $92,000 for geo-
technical investigations and whether this is a normal cost.
Director of Water Utilities Mike Smith stated this is a normal cost.
The vote on Councilmember Knezovich's motion to adopt the Resolution was as '
follows: Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Ohlson,
Rutstein, and Stoner. Nays: None.
THE MOTION CARRIED.
Ordinance Authorizing the Transfer of
Appropriated Amounts between Capital
Projects and Appropriating Prior Year
Reserves in the General Fund for Transfer
to the Capital Projects Fund for the
Remodel of the Entrances at the Lincoln
Center, Adopted on First Reading
Following is the staff's memorandum on this item:
"During the first winter after completion of the Lincoln Center, it was
discovered snow and ice would fall from the roof to the sidewalks at the
various entrances of the Lincoln Center, creating a very hazardous situa-
tion for patrons entering this facility. This problem has been reviewed
over the past several years and different solutions have been implemented
to resolve this problem. However, a good solution was never attained. In
1984, City Council appropriated $25,000 to construct a roof over the main '
entrance.
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I�
September 4, 1984
In May of 1984, the scope of work was changed to investigate the Mini -
Theatre and Ludlow entrances, as these entrances are also a safety hazard.
In June, 1984, we hired Glaser and Associates, a local architectural firm,
to help us design this project. Preliminary design was completed July 15,
1984.
During the preliminary design, we developed several alternatives including
cost estimates to correct the snow and ice problem at all three entrances.
We then reviewed these alternatives with the Lincoln Center Design Commit-
tee and staff. The Design Committee and the Lincoln Center staff selected
the design for all three entrances. These designs were chosen for function
and matching the decor of the existing building. Every effort was made to
match the existing architectural decor. The original scope of work was to
do the main entrance only and the $25,000 budget estimate was based upon a
conceptual drawing supplied by the architectural firm of Stearns -Rogers.
The new scope of work includes all three entrances, and the total cost of
the revised project will be $83,300. An additional $58,300 will need to be
transferred into the Lincoln Center entrance remodel project.
' A source for the additional $58,300 has been identified in the Museum/
Community Center roof repair projects and the General Fund Prior Year
Reserves. Funds of $51,000 were appropriated for repair of the Museum/
Community Center roofs in the 1984 budget. During the 1985 Budget process,
it was determined that the Museum roof needed to be totally replaced
at a cost of $100,000 and that additional work would be required for the
Community Center roof. This, funding for the replacement of the Museum
roof and the Community Center roof has been included in the 1985 budget.
As a result, funds are available in the 1984 Museum/Community Center roof
repair project to transfer to the Lincoln Center entrances project.
In addition, due to greater than projected sales and use tax growth and
fewer than budgeted expenditures in 1983, the General Fund has adequate
prior year reserves to fund the remaining balance of $7,300 to accomplish
the Lincoln Center project."
Councilmember Knezovich made a motion, seconded by Councilmember Ohlson, to
adopt Ordinance No. 130, 1984 on First Reading.
Councilmember Knezovich asked about useage of the mini -theater entrance.
City Manager Arnold stated that the intent is for the mini -theater to be
used more in the future, and it will be an entity in its own right.
Bruce
Lockhart,
2500 E. Harmony
Road, questioned the expenditure of funds
'
when
ice removal
would be a lower
cost.
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September 4, 1984 '
Mayor Horak noted safety considerations and the possibility of claims
because of injuries.
Councilmember Clarke supported the expenditure of funds for safety reasons.
Councilmember Rutstein noted safety problems and expressed a concern that
similar problems be avoided on other building projects.
Councilmember Knezovich stated the proposal is a workable solution to the
problem and has been recommended by the Lincoln Center Design Committee.
The vote on Councilmember Knezovich's motion to adopt the Ordinance was as
follows: Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Ohlson,
Rutstein, and Stoner. Nays: None.
THE MOTION CARRIED.
Other Business
Items Relating to Leasing Office I
and Shop Space at 120 Hemlock
Following is the staff's memorandum on this item:
"A. Resolution Authorizing the City Manager to Enter into a Lease Agree-
ment with Robert E. Ross.
B. Hearing and First Reading of Ordinance No. 131, 1984, Transferring
Funds from the Car Barn Renovation Project to the General Fund for
Leasing Office and Shop Space.
ISSUE FOR DECISION
The Maintenance Technicians are currently working in unsafe conditions in
the Car Barn. These working conditions need to be improved to the point
where they are safe. This can be accomplished by leasing another building,
constructing a new building, or renovating the Car Barn. This proposal,
which is presented for Council's consideration, is for leasing another
building.
It is necessary to present this to Council tonight because two other
companies are trying to lease this building. We have been searching
since last fall for a building of this type and size, located close to our
major facilities. It is important to receive direction tonight in order ,
to secure the lease.
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September 4, 1984
BACKGROUND
The Car. Barn is currently occupied by the Building Repairs and Maintenance
staff and traffic personnel. It is also used by Water and Sewer for
selling water, by Streets and Traffic for storage of vehicles and supplies,
and by the Equipment Division for storage of bulk parts.
On November 24, 1982, Felix Lee, Chief Building Official, wrote a memoran-
dum expressing concerns with major problems in the Car Barn. Those prob-
lems mainly had to do with the roof, the support girder, plumbing fixtures,
wall deterioration, lack of proper exits, lack of exhaust ventilation, and
general habitability. Similar comments were received from the Poudre
Fire Authority (see attached reports).
In response to these concerns and those of the building operators, staff
commissioned a renovation feasibility study for the building. The study,
performed by Architecture Plus in 1983, found moderate renovation would
cost $372,400. To renovate to general office space with general storage
and a potential computer center would cost $676,200.
' The project was referred to a citizen review committee, Project RECAP, for
their consideration. RECAP recommended and City Council approved inclusion
of the project in the 1984 General Capital Project budget at a budgeted
amount of S50,000. This amount is sufficient to take care of, on a short
tern basis, the major dangerous situations. However, it will not cover the
cost of all items mentioned by Building Inspection and the Poudre Fire
Authority.
Since the City would need to invest approximately $370,000 to make the
building safe and usable for City employees and the City is currently
investigating other uses for the building, possibly leasing it, staff
decided to investigate rental space.
The Facilities Division needs approximately 6000 to 10,000 square feet for
shop, storage and offices, located close to the municipal building.
A good location for the maintenance technicians, in terms of proximity to
existing City buildings, would be the Wood Street Service Center. However,
the Wood Street Center is already crowded. Staff is researching options
for expansion of the Service Center, and will have a report on this issue
ready for City Council in November. The report will include plans for
eventually locating the maintenance technicians at the Wood Street site.
Block 31 and ten other buildings were also investigated as potential
loations for the maintenance technicians. Block 31 does not have shop
' space. The other buildings were the wrong size, too far away, unheated, or
were lacking in office space, security fences, or electrical service.
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September 4, 1984
Space meeting the Facilities Division's requirements was found at 120
Hemlock in north Fort Collins, about one mile from City Hall. The facility
is around 8,100 square feet and has the proper proportion of office to shop
space needed. It is renting for $3.00/square foot, and it will be avail-
able in October.
This ordinance will transfer $50,000 from the Car. Barn capital project to
the General Fund -- $40,000 would be utilized for lease payments, tele-
phone system installation, moving expenses, and general building upgrade in
the leased building; and $10,000 would be used to eliminate structural and
safety problems in the Car Barn in order to continue using that structure
as a storage facility. This would allow the Facilities Division to move
all people out of the Car Barn. Material and vehicle storage would remain
at that site until a decision is made regarding future use of the building.
RECOMMENDATION
Staff recommends appropriating the money from Capital Projects - Car Barn
to the General Fund and authorizing the City Manager to enter into a lease
agreement with Robert E. Ross for two years with the option of two addi-
tional one-year extensions in order to move the personnel operations out of '
the Car Barn."
Facilities Manager Tom Frazier summarized the Car Barn renovation needs,
safety problems, and the negotiations to acquire office space at 120
Hemlock.
Councilmember Ohlson made a motion, seconded by Councilmember Clarke, to
adopt Resolution 84-138 with corrections in the fourth WHEREAS clause and
in the Resolution clause to change the words "$3.00 per square foot per
month" to read "$3.00 per square foot per year". Yeas: Councilmembers
Clarke, Elliott, Horak, Knezovich, Ohl son, Rutstein, and Stoner. Nays:
None.
THE MOTION CARRIED.
Councilmember Ohlson made a motion, seconded by Councilmember Rutstein, to
adopt Ordinance No. 131, 1984 on First Reading.
Councilmember Knezovich asked about the status of Anthony Giacopelli's
proposal to renovate the Car Barn. He expressed a concern that funds spent
on the building should be primarily for safety.
City Manager Arnold stated there has not been any progress on that propo-
sal. Staff is concerned with structural support of the building. He noted '
the intrinsic historical value of the Car Barn.
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11
September 4, 1984
Tom Frazier stated the S10,000 is earmarked for structural repairs to allow
the Car Barn to continue to be used for storage.
The vote on Councilmember Rutstein's motion to adopt Ordinance No. 131,
1984 was as follows: Yeas: Councilmembers Clarke, Elliott, Horak, Knezo-
vich, Ohlson, Rutstein, and Stoner. Nays: None.
THE MOTION CARRIED.
City Manager Arnold reported that the City has received an award for
distinguished budget presentation for the 1984 Budget from the Government
Finance Officers Association. He congratulated Budget Director Silvija
Widmer on the award.
Councilmember Knezovich requested that an item be scheduled for a future
work session on the street oversizing fund.
Adjournment
Councilmember Stoner made a motion, seconded by Councilmember Elliott,
to adjourn the meeting. Yeas: Councilmembers Clarke, Elliott, Horak,
Knezovich, Ohlson, Rutstein, and Stoner. Nays: None.
The meeting adjourned at 11:15 p.m.
ATTEST:
City Cle
04
Mayor
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