HomeMy WebLinkAboutMINUTES-09/18/1984-RegularSeptember 18, 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 18, 1984, at 5:30p.m.in the Council Chambers in the City
of Fort Collins City Hall. Roll call was answered by the following Coun-
cilmembers: Horak, Knezovich, Ohlson, Rutstein, and Stoner.
Councilmembers Absent: Clarke
Secretary's Note: Councilmember Elliott arrived at 8:00 p.m.
Staff Members Present: Hui sjen, Krajicek, Lewis, L. Hopkins, C. Smith,
Hays
Agenda Review: City Manager
Assistant City Manager Verna Lewis noted there would be one item of Other
Business relating to a DOE contract.
Councilmember Stoner asked that Item #23, Resolution Approving Amendment to
Planning and Zoning Board Bylaws, be withdrawn from the Consent Agenda.
Randy Larsen, 312 Starboard Court, requested Item #22, Resolution Authoriz-
ing the Execution of a Professional Services Agreement for Design Services
on the Anheuser-Busch Perimeter Roads, be removed 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 #35, Pulled Consent Items, except items pulled by anyone
in the audience or items that any member of the audience is present to
discuss that were pulled by staff or Council. These items will be dis-
cussed immediately following the Consent Calendar.
4. Consider Approving the Minutes of the Regular Meetings of August 21
and the Adjourned Meeting of August 28.
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September 18, 1934
5. Second Reading of Ordinance No. 110, 1984, Annexing
14.68 Acres Known as the Second Fisher-Lemay Avenue
roximately
nexation.
This Ordinance was unanimously adopted on First Reading at the August
21 meeting.
The applicants, S & F Agency, Co., are seeking to annex approximately
14.68 acres of property located east of Lemay Avenue and north of
Mulberry Street. The annexation is a voluntary annexation and a-
chieved its one -sixth contiguity requirement when the City Council
approved the First Fisher-Lemay Avenue Annexation on September 4. The
Planning and Zoning Board at their regular monthly meeting on July 23,
1984, voted 7-0 to recommend approval of this annexation.
6. Second Reading of Ordinance No. 111, 1984, Zoning Approximately 14.68
Acres Known as the Second Fisher-Lemay Avenue Annexation to the B-P,
Planned Business, Zoning District.
This Ordinance was adopted unanimously on First Reading at the August
21 meeting.
The applicants, S & F Agency, Co., are seeking to zone approximately
14.68 acres of property located east of Lemay Avenue and north of
Mulberry Street, known as the Second Fisher-Lemay Avenue Annexation,
to the B-P, Planned Business, zoning district.
Staff recommends approval of the requested B-P zone with a condition
the property be required to develop as a planned unit development.
The Planning and Zoning Board at their regular monthly meeting on July
23, 1984, voted 7-0 to recommend approval of the B-P zone with a
condition the property be required to develop as a planned unit
development.
7. Second Reading of Ordinance No. 117, 1984, Transfering Funds into a
Project to be called the Mountain Avenue/Walnut Street Improvements
Project.
On September 4, Council unanimously voted to reconsider tabling this
Ordinance and adopted the Ordinance as amended. The Ordinance appro-
priates $75,344 for the Walnut/Mountain and Walnut/College Inter-
sections; $60,000 for medians on Mountain Avenue; $60,000 for addi-
tional funding for the Walnut/Mountain and Walnut/College Intersec-
tions; and $9,000 for repairs to the Senior Center foundation. The
Ordinance also directs that no bonus award be paid for early com-
pletion of the project.
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September 18, 1984
8. Second Reading of Ordinance No. 120, 1984, Vacating Easements in the
Replat of Fairview Shopping Center, Filing II t1atador Apartments,
Phase IV .
This Ordinance was unanimously adopted on September 4 on First Reading.
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.
9. Second Reading of Ordinance No. 121, 1984 Vacating a Utility Easement
in Indian Hills West P.U.D.
This Ordinance was adopted unanimously at the Council meeting of
September 4.
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
easement. This is a zero lot line plan and no area within the lots
' can be an easement.
10. Second Reading of Ordinance No. 122, 1984, Authorizing the Expenditure
of the Colorado Historical Society Grant of $1,123.88 for Shelving in
the Museum.
This Ordinance was adopted unanimously on First Reading on September 4.
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.
11. Second Reading of Ordinance No. 123, 1984, Appropriating Funds from
Prior Year Reserves in the Street versizina Fund.
This Ordinance was unanimously adopted on First Reading on September 4.
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.
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September 18, 1984
Staff recommends the approval of this Ordinance, which will appro-
priate an additional S480,000 from Prior Year Reserves in the Street
Oversizing Fund for anticipated expenditures.
12. Second Reading of Ordinance No. 124, 1984, Decreasing the Amount for
Payment In -Lieu -of Water Rights from $1300 to $1000 Per Acre Foot.
This Ordinance was unanimously adopted on First Reading on September
4.
In June 1983, the City reduced its in -lieu -of water rights cash rate
from $1500 to $1300 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.
The in -lieu -of cash rate will be reviewed periodically to determine
the need for any additional adjustments.
13. Second Reading of Ordinance No. 125, 1984, Appropriating Funds to Pay
the Required City Match for Replacement of the Prospect Bridge over
Sprinq Creek.
This Ordinance was unanimously adopted on First Reading at the Sep-
tember 4 meeting to appropriate $90,000 for the City's share of the
project. The Ordinance needs to be amended on Second Reading to
reflect a change in the total amount of the City's match to $96,400.
14. Second Reading of Ordinance No. 126, 1984, Appropriating Prior Year
Reserves in the Equioment Fund for Purchase of Snow Removal Eouipment.
This Ordinance was adopted unanimously on First Reading on September
4. Council also adopted a Resolution authorizing the sole source
purchase of a used Unimog U-900 Tracter and a Schmidt UF3-2-L Snow
Cutter from Macdonald Equipment Company.
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.
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15. Items Related to Financing of Phase II of the Lemay/Harmony Special
Improvement District No. 78. '
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ISeptember 18, 1984
A. Second Reading of Ordinance No. 127, 1984, Authorizing the Is-
suance of Lemay/Harmony Special Improvement District No. 78 (Phase
II) Special Assessment Bonds in the Aggregate Principal Amount of
$3,100,000.
B. Second Reading of Ordinance No. 128, 1984, Authorizing the Is-
suance of a Street Oversi zi ng Fund Revenue Note in the Principal
Amount of $286,000.
These Ordinances were unanimously approved on First Reading as amended
on September 4.
rhis Agenda Item contains two Ordinances; the first Ordinance (A)
authorizes 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.
16. Second Reading of Ordinance No. 130, 1984, Authorizing the Transfer of
' Appropriated Amounts between Capital Projects and Appropriating Prior
Year Reserves in the General and for Transfer to the Capital Projects
Fund for the Remodel of the Entrances at the Lincoln Center.
This Ordinance was adopted unanimously on First Reading at the Sep-
tember 4 meeting. 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 situation for patrons entering this facil-
ity. 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. 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 archi-
tectural firm, to help us design this project. Preliminary design was
completed July 15, 1984.
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.
Funds are
available
in the 1984
Museum/Community
Center roof repair
'
project to
transfer
to the Lincoln
Center entrances
project.
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September 18, 1984
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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.
17. Second Reading of Ordinance No. 131, 1984, Transferring Funds from the
Car Barn Renovation Project to the General Fund for Leasing Office and
Shoo Space.
On September 4, Council adopted this Ordinance unanimously on First
Reading. Council also approved a Resolution authorizing the City
Manager to enter into a lease agreement for office and shop space at
120 Hemlock.
This ordinance will transfer $50,000 from the Car Barn capital project
to the General Fund -- $40,000 would be utilized for lease payments,
telephone 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.
18. Hearing and First Reading of Ordinance No. 132, 1984, Appropriating
Prior Year Reserves in the Communications Fund.
During the remodeling of City Hall East, the City will lease office
space in Block 31. However, no telephone or data line service cur-
rently exists between Block 31 and City offices. It would cost the
City approximately $12,000 to $15,000 over a seven month period to
lease temporary lines and service from Mountain Bell. Ongoing monthly
service -- past the seven month remodeling completion date -- would
continue to cost $700 per month.
Because we anticipate the use of some office space in Block 31 after
the City Hall East is renovated, the decision was made to install our
own permanent communication lines between City Hall and Block 31.
Light and Power will be laying underground cable in their ductbanks,
and will complete all construction work.
The total cost of this project is approximately $28,000. Normal
appropriations for capital equipment were used to undertake the
project. In order to replenish the Communication Funds 1984 allo-
cation for normal capital, an additional $28,000 needs to be appro-
priated. Prior year reserves are available for this purpose. '
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September 18, 1984
19. Hearing and First Reading of Ordinance No. 133, 1984, Appropriating
Funds from Storm Drainaae Fund Prior Year Reserves for Transfer to the
Capital Projects Fund for the Canal Importation Basin.
The Canal Importation Basin had available appropriations for 1984
expenditures in the amount of $225.000. Additional expenditures are
expected in 1984, creating a shortfall in appropriations of $255,000.
Thus, an appropriation of prior year reserves is required to cover
this anticipated shortage.
20. Hearing and First Reading of Ordinance No. 134, 1984, Appropriating
Unanticipated Revenue from the Mineral Severance Tax Fund Program to
the Poudre Fire Authority Fund.
Earlier this month, the City received $1,600 from the State's Mineral
Severance Tax Fund Program. This program allocates money to local
governments based on the number of energy related employees who reside
in each jurisdiction. Revenue received under this program may be used
for capital and general operating expenses.
In 1984, staff recommends again providing the funds received from this
Program to the PFA's IMRT. The $1,600 will be used by the HMRT for the
' purchase of ten 30 minute video tapes and instructional booklets on
"The Chemistry of Hazardous Materials".
21. Hearing and First Reading of Ordinance No. 135, 1984, VacatingEase-
ments and ROW
at Cimarron West PUD.
The developer, T. D. Murphy, is requesting that all easements and
rights -of -way be vacated on the subdivision. The property was re -
platted and approved by the Planning and Zoning Board July 23, 1984.
All easements and rights -of -way have been relocated on the replat.
All affected utilities have been contacted and have indicated no
problems with the request.
22. Resolution Authorizing the Execution of a Professional Services
Agreement for Design Services on the Anheuser-Busch Perimeter Roads.
The master agreement between the City of Fort Collins and Anheuser-
Busch Company calls for the City to design and construct certain
perimeter roads upon receiving notice from the company. That notice
was received by the City in August.
The staff proceeded to prepare a scope of work and sent out a request
for proposals to interested firms. Seventeen proposals were received
and evaluated in accordance with the City's Capital Projects Manage-
ment System.
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September 18, 1984
Staff recommends the firm of Greiner Engineering Sciences, Inc. be
awarded the contract for design services at a cost not to exceed
$134,943.
23. Resolution Approving Amendment to Planning and Zoning Board Bylaws.
The Planning and Zoning Board at their August 27, 1984 meeting voted
unanimously to approve an amendment to their by-laws that makes
attendance at the Planning and Zoning Board work session or prior
briefing by City planning staff a prerequisite for voting on agenda
items at the regular Board meetings.
Ordinances on Second Reading were read by title by Wanda Krajicek, City
Clerk.
Item #5. Second Reading of Ordinance No. 110, 1984, Annexing Approximately
14.68 Acres Known as the Second Fisher-Lemay Avenue Annexation.
Item #6. Second Reading of Ordinance No. 111, 1984, Zoning Approximately
14.68 Acres Known as the Second fisher-Lemay Avenue Annexation to
the B-P, Planned Business, Zoning District.
Item V . Second Reading of Ordinance No. 117, 1984, Transfering Funds into
a Project to be called the Mountain venue/Walnut Street Improve-
ments Project.
Item #8. Second Reading of Ordinance No. 120, 1984, Vacating Easements in
the Replat of Fairview Shopping Center, Filing II Matador
Apartments. Phase IV).
Item #9. Second Reading of Ordinance No. 121, 1984, Vacating a Utili
Easement in Indian Hills West P.U.D.
Item #10. Second Reading of Ordinance No. 122, 1984, Authoriz
Expenditure of the Colorado Historical Society Grant of
for Shelving in the Museum.
Item #11. Second Reading of Ordinance No. 123, 1984, Appropriating Funds
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from Prior Year Reserves in the Street Oversizing Fund.
Item #12. Second Readin of Ordinance No. 124, 1984, Decreasin the Amount
Tor ayment n- i u-o Water Rights from to O er cre
Foot.
Item #13. Second Reading of Ordinance No. 125, 1984, Appropriating Funds to
Pay the Required City Match for Replacement of the Prospect
Bridge over Spring Creek. '
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September 18, 1984
Item #14. Second Reading of Ordinance No. 126, 1984, Appropriating Prior
Year Reserves in the Equipment Fund for Purchase of Snow Removal
Equipment.
Item #15. A. Second Reading of Ordinance No. 127, 1984, Authorizing the
Issuance of Lemay/Harmony Special Im rovement District No. 78
(Phase i pecia go
onds in the ggregate Princi-
pal Amount of $3,100,000.
B. Second Readinq of Ordinance No. 128. 1984, Authorizing the
Issuance of a Street Oversizing Fund Revenue Note in the
Principal Amount of $286,000.
Item #16. Second Reading of Ordinance No. 130, 1984, Authorizing the
Transfer of Appropriated Amounts between Capital Projects and
ppropriating Prior Year Reserves in the General Fund for Trans-
fer to the Capital Projects Fund for the Remodel of the Entrances
at the Lincoln Center.
Item #17. Second Reading of Ordinance No. 131, 1984, Transferring Funds
from the Car Barn Renovation Project to the General Fund for
Leasing Office and Shop Space.
Ordinances on First Reading were read by title by Wanda Krajicek, City
Clerk.
Item #18. Hearing and First Reading of Ordinance No. 132, 1984, Appropri-
ating Prior Year Reserves in the Communications Fund.
Item #19. Hearinq and First Reading of Ordinance No. 133, 1984, Appropri-
ating Funds from Storm Drainage Fund Prior Year Reserves for
Transfer to the Capital Projects Fund for the Canal Importation
Basin.
Item #20. Hearing and First Reading of Ordinance No. 134, 1984, Appropri-
ating Unanticipated Revenue from the Mineral Severance Tax Fund
Proqram to the Poudre Fire Authority Fund.
Item #21. Hearing and First Readin of Ordinance No. 135, 1984, Vacating
Easements and ROId at imarron West
Councilmember Rutstein made a motion, seconded by Councilmember Ohlson,
to adopt and approve all items not removed from the Consent Calendar.
Yeas: Councilmembers Horak, Knezovich, Ohlson, Rutstein, and Stoner.
Nays: None.
THE MOTION CARRIED.
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September 18, 1984
Resolution Authorizing the Execution
of a Professional Services Agreement
for Design Services on the Anheuser-
Busch Perimeter Roads, Adopted
Following is the staff's memorandum on this item:
"The master agreement between the City of Fort Collins and Anheuser-Busch
Company calls for the City to design and construct certain perimeter roads
upon receiving notice from the company. That notice was received by the
City in August.
The staff proceeded to prepare a scope of work and sent out a request for
proposals to interested firms. Seventeen proposals were received and
evaluated in accordance with the City's Capital Projects Management System.
Staff recommends the firm of Greiner Engineering Sciences, Inc. be awarded
the contract for design services at a cost not to exceed $134,943.
Greiner Engineering Sciences, Inc. is a multi -disciplinary consulting firm
with offices in Denver, Colorado. There are approximately 80 people
employed in the Denver office with an additional 70 people in other offices
in the Rocky Mountain region. The Denver office is backed by a large
national engineering organization with total resources of over 1000 people.
It is not anticipated that anyone from outside the Denver office will
be needed for this project.
Greiner has worked for the City of Fort Collins in the past under the name
of MSM Consultants, Inc. They provided the design and plans for the
taxiway at the Fort Collins -Loveland Airport within three weeks after
receiving notice to proceed in order to meet a tight FAA funding deadline.
That job proceeded smoothly with no problems.
The firm appears well qualified and motivated to complete the work in a
timely manner."
Randy Larsen, 312 Starboard Court, questioned why a Denver firm was being
recommended over local firms.
City Engineer Tom Hays explained the selection process and noted the
evaluation indicated Greiner Engineering was the best qualified to do the
work within the required timeframe.
Councilmember Knezovich made a motion, seconded by Councilmember Ohlson, to
adopt Resolution 84-139. Yeas: Councilmembers Horak, Knezovich, Ohlson,
Rutstein, and Stoner. Nays: None.
THE MOTION CARRIED.
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September 18, 1984
Resolution Amending the Planning
and Zoning Board Bylaws, Denied
Following is the staff's memorandum on this item:
"The Planning and Zoning Board at their August 27, 1984 meeting voted
unanimously to approve an amendment to their by-laws that makes attendance
at the Planning and Zoning Board work session or prior briefing by City
planning staff a prerequisite for voting on agenda items at the regular
Board meetings.
The proposed amendment is to Section 9 of Article IV -- Meetings. Section
9 now reads:
'Voting at any regular, adjourned or special meeting shall
be by a roll call vote.'
As amended, Section 9 will read:
'Voting at any regular, adjourned or special meeting shall
be by a roll call vote. However, no member shall be permitted to
vote on any item unless said member attended the work session
pertaining thereto or was briefed on the item by City planning
staff prior to the roll call vote.'"
Councilmember Ohlson made a motion, seconded by Councilmember Stoner, to
adopt Resolution 84-141.
Councilmember Stoner asked if attendance at Planning and Zonino_ Board
worksessions has been a problem and if there were chronic offenders.
Director of Planning and Development Curt Smith replied that the Planning
and Zoning Board had been concerned that a few members had had difficulty
in attending worksessions because of work requirements. The magnitude of
the issues concerned the Board and it was their recommendation that this
bylaw change be made as a remedy for that situation.
Mayor Horak asked who would determine whether a Board member was eligible
to vote.
Curt Smith replied his interpretation was the Chairperson would determine a
person's eligibility to vote based on a discussion with that individual.
Mayor Horak noted he had problems with that arrangement. He noted that it
could be a subjective judgment as to how much staff briefing was enough.
He wondered if a majority of members could exclude a minority opinion from
discussion and voting on an issue.
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September 18, 1984
Randy Larsen, Planning and Zoning Board alternate, noted the whole Board
was unanimous in agreement with the proposed change. They felt the change
was necessary to be a responsible Board member. He noted they had not
discussed who would determine a person's eligibility to vote.
Councilmember Knezovich felt a better way to handle the problem would be to
seek the resignation of Board members who are not coming to the meetings
prepared. He noted there was a big demand in the community to be on this
Board.
Mayor Horak noted he was not in favor of this Resolution, but would be in
favor of the idea as a policy. He, too, favored seeking resignations of
those who are unprepared.
The vote on Councilmember Ohlson's motion to adopt Resolution 84-141 was as
follows: Yeas: Councilmembers Rutstein and Stoner. Nays: Councilmembers
Horak, Knezovich, and Ohlson.
THE MOTION FAILED.
Resolution Authorizing Expenditure
of Funds to Disseminate Information
for the Referendum Election, Adopted
Following is the staff's memorandum on this item:
"The City Council has the authority granted by the Campaign Reform Act
(1-45-116,C.R.S. 1973) to make in -kind contributions in campaigns involving
issues of official concern, provided that specific approval of such con-
tributions are first approved by the Council. Council has determined
the Smoking Ordinance on the November 6, 1984 ballot is of official Council
concern. Council has directed Staff to:
• Prepare informational brochures describing the proposed ordinance
to be distributed with the utility bills,
o Make available copies of the proposed ordinance,
s Be available to answer questions and provide additional information
about the ordinance,
• Prepare newspapers ads to be published prior to the election,
s Make the City's public meeting rooms (not previously scheduled)
available to groups interested in this issue who wish to meet.
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September 18, 1984
It is understood that the information provided about the ordinance should
be neutral and strictly factual. Council recognizes that it may reserve
the right to respond to an intensified campaign in opposition to this
ordinance by requesting additional materials.
The staff will file a statement of organization to establish a campaign
committee, name a committee treasurer and establish an accounting mechanism
to record all contributions and in -kind contributions. Staff recommends
adoption of this resolution."
Councilmember Knezovich made a motion, seconded by Councilmember Rutstein,
to adopt Resolution 84-142, adding the phrase "not to exceed the sum of
310,000 in contributions" after the word "resources" in the "NOW, THERE-
FORE, BE IT RESOLVED..." paragraph of the Resolution.
Councilmember Rutstein expressed the fear that the tobacco industry might
mount an expensive campaign to defeat the ordinance. She asked what would
need to be done to exceed the $10,000 limit, if Council wished to do so.
City Attorney Huisjen replied another Council action to amend this Resolu-
tion or a separate Resolution to authorize additional expenditure would be
necessary.
Councilmember Knezovich noted he would agree to an additional expenditure
of funds if it is proved that a great expenditure of outside funds is
occurring.
Bruce Lockhart, 2500 East Harmony Road, objected to what he termed "propa-
ganda" in his utility bill. He preferred no tax dollars be spent and
stated he felt it was not an appropriate use of tax dollars.
Barbara Allison, 1212 Lynnwood Drive, disputed the allegation that the
tobacco industry would spend large amounts of money in Fort Collins and
stated she knew of no such plan.
Ron Meyer, 2912 Eindborough, urged Council not to take a position in favor
or in opposition to the ordinance.
Councilmember Knezovich noted that once an issue becomes a matter of
official concern, the City is required to keep track of time, efforts, and
money spent on the issue. He supported the Resolution deeming the issue a
matter of official concern and putting a limit on the amount of money to be
spent.
Councilmember Ohlson noted that unless the Resolution was adopted, staff
would not be able to answer questions or provide any type of information to
the public.
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September 18, 1984
Councilmember Stoner noted he hated to see dollar limitations placed on the
spending since $10,000 could be used up quickly with expensive staff time.
He stated he felt the voters needed to be informed as to what thev're
voting on before they vote.
Councilmember Rutstein urged Councilmember Stoner to support the Resolution
and added that in the event more monies are necessary, Council has the
ability to change the limitation. She noted approximately 70% of the
population were non-smokers and stated it was those 70% this ordinance
seeks to protect.
Mayor Horak stated he respected the rights and sincerity of those opposing
the ordinance, but noted he had no assurance that the tobacco lobbyists
would or would not mount an extensive campaign to defeat the ballot pro-
posal. He pointed out there had already been an increase in ads relating
to the effects of secondary smoke. He stated the Resolution was prudent
and warranted and was similar to other resolutions adopted relating to
other ballot issues. He urged support of the Resolution.
The vote on Councilmember Knezovich's motion to adopt Resolution 84-142
with the added phrase was as follows: Yeas: Councilmembers Horak, Knezo-
vich, Ohlson, Rutstein, and Stoner. Nays: None.
THE MOTION CARRIED.
Citizen Participation
A. Proclamation Naming September 18-25 as United Wav Week was accepted by
Dennis Hogarty and Art Bavaso of United Way.
Motion to Direct Staff to Proceed
to Prepare an Intergovernmental Agreement
with Larimer County for the Construction
of a Four -Lane Bridge over the Poudre
River at Prospect Street, Adopted
Following is the staff's memorandum on this item:
"At the Council work session on September llth, Council asked staff to
discuss terms of a possible intergovernmental agreement with the Larimer
County Commissioners which would allow the County to construct a 4 lane
bridge over the Poudre River instead of just a 2 lane bridge. The general
concept would be that the City would pay the County the additional cost of
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September 18, 1984
the 4 lane structure. The County would pay for the bridge and the City
would repay their share to the County over a 10 year period at a 10%
interest. The City would repay the County for this cost over a 10 year
period at a 100 interest rate. Any differences in actual costs over or
under the current estimates would be split equally between the City
and the County.
The Mayor and the City Manager have talked this over with the County and
the County is interested in proceeding with the concept as presented.
Staff is asking Council to express their interest in proceeding with a
formal agreement that would be brought to the Council for consideration at
the October 2nd Council meeting.
Staff asks Council to adopt a motion as stated above."
Councilmember Ohlson made a motion, seconded by Councilmember Stoner, to•
proceed to prepare an Intergovernmental Agreement with Larimer County for
the construction of a four -lane bridge over the Poudre River at Prospect
Street.
City Engineer Tom Hays explained the proposed funding concept.
Councilmember Knezovich urged defeat of the motion and added he felt the
bridge was entirely a Larimer County responsibility.
Councilmember Stoner stated it was evident from previous discussions with
the Larimer County Commissioners that they would immediately proceed with a
two-lane bridge if the City doesn't agree to participate in the project.
He felt that to be forward looking, the City needed to accept the County's
offer. He encouraged support of the motion.
The vote on Councilmember Ohlson's motion was as follows: Yeas: Council -
members Horak, Ohlson, Rutstein, and Stoner. Nays: Councilmember Knezo-
vich.
THE MOTION CARRIED.
Motion to Table Second Reading of
Ordinance No. 129, 1984, Relating
to the Creation and Organization
of Heart Special Improvement
District No. 84. Adopted
Following is the staff's memorandum on this item:
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September 18, 1984
"At the September 4 meeting Council adopted this Ordinance on First Reading
by a 6-0 vote (Councilmember Stoner withdrawn).
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.
The estimated costs of the improvements to the
the City are shown below. These estimated cost
rights -of -way acquisition associated with th
contingency to the construction costs.
Construction (Intl. 10% Contingency)
Right -of -Way
City Costs
Construction (Street Oversizing,
including 10% Contingency)
TOTAL COST
s
e
district participants and
include construction and
District including 10%
$552,200
227,000
$779,200
239,800
$1,019,000
Staff recommends Council table this item on Second Reading until October
30, 1984. Since this item deals with City Street Oversizing funds, staff
would prefer to discuss the item after information on the Street Oversizing
Fund is presented to Council at the September 25 Worksession. Staff
expects to have other items relating to the Street Oversizing Fund on the
October 2 Agenda."
Councilmember Stoner asked that the record show he did not vote or partici-
pate in the discussion of this item.
Councilmember Knezovich made a motion, seconded by Councilmember Ohlson, to
table Ordinance No. 129, 1984 on Second Reading to October 30. Yeas:
Councilmembers Horak, Knezovich, Ohlson, and Rutstein. Nays: None.
(Councilmember Stoner withdrawn)
THE MOTION CARRIED.
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September 18, 1984
Items Relating to the Creation of
Provincetowne/Portner Estates South
Special Improvement District No. 81
Following is the staff's memorandum on this item:
"A. Resolution Accepting the Report of the Costs, Assessments and Plans
for the Provincetowne/Portner Estates South Special Improvement Dis-
trict No. 81.
B. Hearing and First Reading of Ordinance No. 136, 1984, Relating to the
Creation and Organization of Special Improvement District No. 81.
Council approved Resolution 84-44 at its March 20, 1984 meeting accepting
the petition of property owners regarding the initiation of Provincetowne/
Portner Estates South Special Improvement District No. 81, and instructed
the Director of Public Works to have prepared the necessary plans and
agreements for the formation of the District.
GENERAL SUMMARY OF IMPROVEMENTS:
The improvements to be constructed consist of street pavement, curb,
gutter, sidewalks, street lighting (adjacent to approved subdivisions),
water lines, sanitary sewer lines and storm drainage improvements on or
under streets.
The boundary of the District includes Provincetowne, PUD, an approved
master plan (which includes Somerly at Provincetowne PUD Phase I which has
received final approval) located south of Trilby Road and west of Lemay
Avenue containing approximately 400 acres and Portner Estates South PUD (a
portion of which has received final approval) located in the northwest
corner of Trilby Road and Lemay Avenue containing approximately 60 acres.
The improvements shall be constructed in three phases as set forth in the
engineering report.
The water and sanitary sewer improvements are located within the City
limits but will be dedicated and maintained by the Fort Collins -Loveland
Water District and South Fort Collins Sanitation District respectively.
SUMMARY OF COSTS
DISTRICT COSTS
The total estimated cost for each of the three phases of the district is
listed below:
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September 18, 1984
In addition to the construction, R.O.W. acquisition and engineering costs,
incidental costs such as legal, project management, construction interest,
advertising, printing, postage and collection fees will be added and
determined prior to bonds being issued.
Phase I Phase II Phase III Total
Construction $1,473,302 $1,592,918 $980,398 $4,046,618
(Including 15% Cont.)
Right -of -Way Acquisition 49,572 71,418 55,392 176,382
Engineering 284,472 117,952 80,190 482,614
Total Construction, ROW
& Engineering Costs $1,807,346 $1,782,288 $1,115,980 $4,705,614
This District will be followed, next spring, by a District for the con-
tinued improvement from Southridge Greens P.U.D. to Windsor Road (County
Road 32)
The City's participation in the District is in the form of completion of
the north half of Trilby Road from its present improvement in front of the
Southside Service Center eastward to the west property line of Portner
Estates South, P.U.D. The estimated cost for this improvement is $28,086.
Funds for this expenditure are available from unused funding for the
Southside Service Center Project.
Oversizing for arterial and collector streets within this District will be
financed by the petitioner through private sources and will be reimbursed
through normal development procedures by City Code 99-6(F) and will be
offset by credits against future fees where approved development exists.
STAFF RECOMMENDATION:
This District is consistent with the City's Master Street Plan and the
water and sewer distribution systems meet with the south district's ap-
proval
This District is consistent in concept with other districts approved by
Council.
Bonding ordinances by phase will follow at a later date.
Staff recommends adoption of the resolution and ordinance creating the
District on first reading with second reading occurring after Council
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September 18, 1984
considers street oversizing at its October 2 meeting. Staff will bring the
Council a presentation on September 25 on the status of the Street Over -
sizing Fund including total obligations, projected revenues, and proposed
solutions for long term financing."
Secretary's Note: Councilmember Elliott arrived at this point.
City Engineer Tom Hays outlined the scope of the district and noted only
Phase I was to be considered at this time. He noted the concern over
street names was being addressed by the developers for clarification and
possible renaming to avoid duplication. He added that because of the
street oversizing concerns and notice requirements, the item would be
considered again on October 30.
Lucia Liley, attorney representing the developers, reviewed the method by
which the credits for offsetting street oversizing fees was calculated.
She noted the credits were in excess of 50% of the total oversizing cost, a
total of $140,000 compared to the City's reimbursement of $120,000. She
noted that all three phases of the district are being created and provided
for but that the phases would be financed separately. The oversizing is
the total for all three phases.
Councilmember Ohlson made a motion, seconded by Councilmember Knezovich, to
adopt Resolution 84-143. Yeas: Councilmembers Elliott, Horak, Knezovich,
Ohlson, Rutstein, and Stoner. Nays: None.
THE MOTION CARRIED.
Councilmember Ohlson made a motion, seconded by Councilmember Knezovich, to
adopt Ordinance No. 136, 1984 on First Reading. Yeas: Councilmembers
Elliott, Horak, Knezovich, Ohl son, Rutstein, and Stoner. Nays: None.
THE MOTION CARRIED.
Public Hearing on the Use
of Single and Multi -Family
Housing Revenue Bonds
The following persons spoke at this public hearing:
1. Lucia Liley noted she was representing Wheeler Realty, but had
also been contacted by a number of people in the development
community who expressed interest and concern about this type
of financing. She spoke of the community interest in this type of
financing and of the apparent need for additional quality multi-
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September 18, 1984
family projects. She stated there was concern that the City's
policies were too restrictive and that local developers would not
be able to build projects under those restrictions. She intro-
duced several speakers who gave information on a typical 150 unit
project utilizing conventional financing, revenue bond financing,
and other options.
2. Jim Hahn, underwriter with Boettcher & Company, spoke of the basic
structure, costs, etc., of a project of this type and then de-
tailed a pro forma developed by Ken Hoaglund of Midland.
3. Gary Premer, vice-president of Wheeler Realty, presented a de-
tailed pro forma showing the costs conventionally, with federal
restrictions, with the City's proposed policy, and with CHAFA
financing.
4. John Gregory, representing Everitt Enterprises, spoke of his
company's recent experiences in building multi -family units and
noted the financial circumstances had not been favorable. He
supported the bond financing concept but expressed concern over
the proposed constraints.
5. Steve Barbier, Executive Director of Neighbor -to -Neighbor, Inc.,
expressed appreciation for Council's developing interest in
providing affordable housing in Fort Collins. He stated he felt
the multi -family bond program had the potential to be an expres-
sion of that interest. He felt there was a need for multi -family
mortgage revenue bonds in Fort Collins and expressed concern about
the local guidelines for the program.
6. Lou Stitzel, Resource Assistance Center for Non -Profits, Inc., and
CDBG Steering Committee member, emphasized the need for low and
moderate -income housing in Fort Collins. She suggested this might
be the time to look into the cooperative housing concept at many
income levels.
7. Bernie Cain, local builder and developer, stated this funding
mechanism appeared to have good potential for affordable housing.
8. Lucia Liley pointed out that this legislation was never intended
to supplement or take the place of the Section 8 rental subsidy
program. It was intended to provide an incentive to developers to
build quality multi -family projects.
Mayor Horak noted City staff would be examining the ideas and thoughts
expressed at the hearing when developing the program.
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September 18, 1984
Resolution Authorizing the City
To Enter into an Agreement of
Sale and Purchase for a 1.54 Acre
Electrical Substation Site in the
Linden Tech Center. Adopted
Following is the staff's memorandum on this item:
"The Fort Collins Light and Power Utility's long range plan to serve pro-
jected customer needs within the urban growth area requires an expansion of
the substation currently located at the old power plant. Since physical
obstacles at the power plant site preclude the expansion at its present
location a new site must be obtained. The Utility staff selected the site
now under consideration as the best option available. The property is
currently owned by Phyllis Mattingly (see attached map). After extensive
negotiation, it is recommended that the City purchase the subject 1.54 acre
substation site, for $108,000, in accordance with the Agreement for Sale,,
and Purchase.
The Agreement is contingent upon Council approval. The Sale and Purchase
Agreement also contains a provision which affords Mattingly the right to
attempt to achieve a tax free real estate exchange. These negotiations have
been coordinated for the Utility by the City's Right -of -Way Agent.
Funds for this purchase are available in the 1984 Light and Power Budget."
Councilmember Rutstein made a motion, seconded by Councilmember Knezovich,
to adopt Resolution 84-140. Yeas: Councilmembers Elliott, Horak, Knezo-
vich, Ohlson, Rutstein, and Stoner. Nays: None.
THE MOTION CARRIED.
Other Business
Resolution for Authorization for
Light and Power Utility to Enter
Into an Intergovernmental Agreement
for a Load Research/Pilot Program, Adopted
Following is the staff's memorandum on this item:
"About four years ago, the Light and Power Utility instituted the Residen-
tial Demand Rate. The rate provides a cost -based incentive for owners of
electrically -heated homes to improve electric usage efficiency. The
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September 18, 1984
Utility is now attempting to assess the effectiveness of this rate. As
Light and Power approaches this effort, some of the cost could be offset
via a cost sharing research/pilot program grant from the Department of
Energy Western Area Power Administration.
The total program envisioned by the Utility will cost an estimated $87,000
with up to $30,000 of the total provided by the Western Area Power Admin-
istration (WAPA). In return for its contribution, WAPA would receive the
results of this research/pilot program for sharing with its customers.
In general, the program would involve the sampling of individual loads in
the electrically -heated homes where demand control devices are in use.
Upon completion of this research, the Utility proposes a pilot program to
determine the effectiveness of demand controller setback levels during
periods of system peak.
In this research/pilot program effort, the Utility can determine the
overall impact of demand control equipment used by its customers; gain
needed insight into rate design; and develop a load control program using
demand -limiting equipment with and without Utility setback."
Councilmember Elliott made a motion, seconded by Councilmember Rutstein, to
adopt Resolution 84-144. Yeas: Councilmembers Elliott, Horak, Knezovich,
Ohlson, Rutstein, and Stoner. Nays: None.
THE MOTION CARRIED.
City Manager's Report
Assistant City Manager Verna Lewis noted that on September 20 the Planning
staff would be hosting representatives of the Norwegian government, cur-
rently on a U.S. tour. Their tour is examining the cooperation of public
and private sectors in planning affordable housing.
She noted she had received a letter from James Dean of the Gannett Founda-
tion approving a $3,000 grant for the SAINT program.
Councilmembers' Reports
Councilmember Stoner reported on the progress of the corridor committee.
He noted the consensus was to proceed with preliminary appraisals to get an
indication of the value of the properties in question. From that point,
the committee will decide the best way to acquire the properties.
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September 18, 1984
Councilmember Knezovich reported on the progress of the sales tax simplifi-
cation bill noting it had been introduced and passed. He noted Representa-
tive Peggy Reeves had taken an active role in protecting the interests of
the City of Fort Collins in those negotiations. He stated the bill had
been amended repeatedly and would be heard on September 25. He added the
amended version contains problems that may not be acceptable to the CML.
Councilmember Elliott reported on the Poudre Fire Authority election of
officers noting Kelly Ohlson had been elected the vice-chairman. He noted
they had reviewed the remodeling of Station #1 and had discussed the safety
of high-rise buildings. An amendment to the Uniform Fire Code relating to
the sprinklerization or compartmentalization of existing high-rise build-
ings will be scheduled for Council consideration.
Adjournment
Councilmember Rutstein made a motion, seconded by Councilmember Ohlson,
to adjourn the meeting. Yeas: Councilmembers Elliott, Horak, Knezovich,
Ohlson, Rutstein, and Stoner. Nays: None.
The meeting adjourned at 9:40 p.m.
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