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HomeMy WebLinkAboutMINUTES-02/05/1985-RegularI February 5, 1985 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council -Manager Form of Government Regular Meeting - 6:30 p.m. A regular meeting of the Council of the City of Fort Collins was held on Tuesday, February 5, 1985, at 6:30 p.m. in the Council Chambers in the City of Fort Collins City Hall. Roll call was answered by the following Councilmembers: Clarke, Elliott, Horak, Knezovich, Ohlson, Rutstein, and Stoner. -Staff Members Present: Arnold, Huisjen, Krajicek, Lewis, Shannon Agenda Review: City Manager Councilmember Stoner asked that Item #20, Hearing and First Reading of Ordinance No. 13, 1985, Adopting "Colorado Model Energy Efficiency Con- struction Standards for Non -Residential Buildings", be removed from the Consent Calendar. Councilmember Knezovich asked that Item #22, Hearing and First Reading of Ordinance No. 15, 1985, Appropriating Prior Year Reserves in the General Fund and Unanticipated Revenue in the Light and Power Fund, be withdrawn from the Consent Agenda. Mayor Horak requested Item #23, Hearing and First Reading of Ordinance No. 16, 1985, Appropriating Prior Year Reserves and Anticipated Revenues in the Conservation Trust Fund and Authorizing the Transfer of Appropriations Between Projects, be removed from the Consent Agenda. Consent Calenda 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 #39, 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. Minutes of the regular meeting of January 15. -56- February 5, 1985 ' 5. Tabling of the Second Reading of Ordinance No. 152, 1984, Relating to the Inclusion of lands within the Northern Colorado Water Conservancy On November 20 this Ordinance was tabled to this date to allow the Water Board to consider the matter since the inclusion of these lands in the Northern Colorado Water Conservancy District might result in additional assessments or taxation. The Water Board considered the matter and requested additional infor- mation from the District pertaining to this subject. The District's Attorney, John Sayre, had agreed to forward a letter to the City responding to the concerns of the Water Board and Councilmember Rutstein but this letter was not received by the City until January 28, 1985. Accordingly, the Water Board will, if its agenda permits, consider the issue at its February meeting and will subsequently make a recommendation to Council. Since it is not certain that such a recommendation will be forthcoming at the Water Board's February meeting, it is recommended that the Council table the Ordinance indefinitely. The District has not put any great pressure upon the City to move forward with this matter and until the Council receives the informa- tion upon which it can make a reasoned decision, there is not need to present the matter for second reading. 6. Tabli proxi of the Second Reading of Ordinance No. 194. 1984, Annexin re an rirst Annexation. This ordinance was unanimously adopted on First Reading on December 18. The applicants, Don and Rosemary Sheridan, are requesting annex- ation of approximately 2.96 acres (Lot 10, Block 4 of the Lynn Acres Subdivision) located on Lynn Drive. The annexation is a 100% volun- tary annexation in that the applicants are the sole owners of the property. This annexation achieves its one -sixth contiguity require- ments through a common boundary with the Village Grove Annexation. The final documents necessary to complete this annexation and zoning process have not been received. Staff is requesting this item be tabled to February 19. 7. Tabling of the Second Reading of Ordinance No. 195, 1984, Zoning Approximately 2.96 Acres, Known as the Sheridan First Annexation into the R-E, Residential Estate, Zonino District. This ordinance was unanimously adopted on First Reading on December 18. The applicants, Don and Rosemary Sheridan, are requesting zoning -57- ' February 5, 1985 on approximately 2.96 acres (Lot 10, Block 4 of Lynn Acres Subdivi- sion) :known as the Sheridan First Annexation into the R-E, Residential Estate, zoning district. The final documents necessary to complete this annexation and zoning process have not been received. Staff is requesting this item he tabled to February 19. 8. Ordinances Relating to the Salaries of the City Attorney, City Man- aqer, and Municipal Judqe. A. Second Reading of Ordinance No. 210, 1984, Fixing the Salary of the City Attorney. B. Second Reading of Ordinance No. 211, 1984, Fixing the Salary of the City Manager. C. Second Reading of Ordinance No. 212, 1984, Fixing the Salary of the Municipal Judge. City Council has met in Executive Session to perform the annual evaluations of the City Attorney, City Manager, and Municipal Judge. These three ordinances will establish the 1985 salaries for these ' three individuals. At the January 15 meeting Council set the salary of the City Attorney at $49,000, the City Manager at $71,500, and the Municipal Judge at $46,100. 9. Second Reading of Ordinance No. 1, 1985, Annexing Approximately 16.25 Acres Known as Springbrook Two Annexation. This ordinance was unanimously adopted on First Reading on January 15. The applicant, Charles Burchfield, is requesting annexation of approximately 16.25 acres located on the northeast corner of Taft Hill Road and Hull Street, south of Drake Road. The request is a 100% voluntary annexation. Both property owners are in agreement with the request. The annexation achieves its one -sixth contiguity requirement via common boundaries with Springbrook Annexation. 10. Second Reading of Ordinance No. 2, 1985, Zoning Approximately 16.25 Acres, Known as Springbrook Two nne to ix on into the R-P, Planned Residential, Zoning District. This ordinance was unanimously adopted on First Reading on January 15. The applicant, Charles Burchfield, is requesting zoning on behalf of the property owners for approximately 16.25 acres known as Spring - brook Two Annexation. Inclusion, into the•R-P, Planned Residential, zoning district is requested. MM February 5, 1985 ' Staff has reviewed the requested R-P zoning and feels that it is in conformance with the City's Comprehensive Plan. 11. Second Reading of Ordinance No. 3, 1985, Changing Zoning Conditions on Property Known as Scenic Views PUD. This ordinance was unanimously adopted on First Reading on January 15. The City has initiated this request with the approval of Blair Kiefer, the property owner. It has been the policy of the Planning Department to initiate requests of this nature, where conditions imposed prior to adoption of the Land Development Guidance System are no longer valid. The 22.805 acre site was originally zoned R-L, Low Density Residen- tial. A zone change to Conditional R-P was approved by the Planning and Zoning Board on March 24, 1980 and by City Council on April 29,' 1980. The conditions attached to the rezoning are: 1. That the property be developed to no greater density than 8.5 dwelling units per acre as the term "dwelling unit" is defined in the Zoning Ordinance of the City of Fort Collins; 2. That the property be developed as a Planned Unit Development as ' the term "P.U.D." is defined in the Zoning Ordinance of the City of Fort Collins; 3. That the 40 square foot per dwelling unit commercial allotment permitted in Planned Unit Developments not be utilized. Removal of conditions No. 1 and No. 3 is recommended. Removal of the condition limiting density to 8.5 du/acre will allow development consistent with the Land Development Guidance System. 12. Items Relating to Requirements for Naming all New Arterial and Col- lector Streets. A. Second Reading of Ordinance No. 4, 1985, Setting Requirements for Naming all New Arterial and Collector Streets. B. Resolution Adopting the List of Street Names to be Used in Naming New Arterial and Collector Streets. This Ordinance was unanimously adopted on First Reading on January 15. Development this year has been occurring away from the center of the City where arterials and future collectors are currently unnamed -59- February 5, 1985 or have only County Road number designation. Staff feels that the City should be instrumental in naming such soon -to -be -important streets and, as a result, set up requirements for naming such streets. The Ordinance specifies that a list of names of prominent citizens who the City would like to honor posthumously will be approved by Council Resolution. A list was compiled with the help of Charlene Tresner, Local History Coordinator of the Fort Collins Public Library, and Mary Katsimpalis of Colorado State University, as well as numerous long- time City employees. The resolution approving the list of street names is also presented for Council consideration. 13. Second Reading of Ordinance No. 5, 1985, Being an Ordinance Appro- priating Unanticipated Revenue in t e onservation Trust Fund. The Corridor Task Force identified the need to obtain a professional cost estimate of properties in,the-corridor area in order to properly evaluate alternative strategies for maintaining the corridor as open space. Following an RFP process, the firm of Bowes and Company in Denver was selected by the Task Force to develop the preliminary appraisal for a cost not to exceed $15,000. It was agreed by the Task Force members that the cost of the appraisal would be shared equally by Fort Collins, Loveland and Larimer County. Both Loveland and Larimer County have prepared and signed agreements that they will pay to Fort Collins $5,000 or one-third of the ap- praisal cost on or before January 15, 1985. Resolutions adopted on January 15 authorized the Mayor to sign those agreements. This ordinance was unanimously adopted on First Reading on January 15 and appropriates these unanticipated revenues. 14. Second Reading of Ordinance No. 6, 1985, Amending Section 99-6 of the Code of the City of Fort Collins Regarding Improvements to Offsite Streets. On January 15 Council approved a Resolution adopting an Offsite Improvement Policy. Since Council passed the Offsite Street Ordinance on November 3, 1981, there has been much confusion on the part of Developers concerning their responsibilities regarding the Ordinance. Staff developed a policy and presented it to the Planning and Zoning Board at their October 22nd meeting. The procedure has been used in reviewing one variance request and all parties involved agreed that it was compre- hensive in viewing all City concerns and fair to all parties. The Offsite Street Ordinance itself needs to be clarified in regard to the extent of the offsite street improvements required. Staff has proposed this ordinance, which was unanimously adopted on First Reading on January 15, to accomplish this. 1 -60- February 5, 1985 15. Second Reading of Ordinance No. 7, 1985, Authorizing the Transfer of Appropriated Amounts from the General Fund to the Capital Projects Fund for Additional Renovation Work at the Library. This Ordinance was unanimously adopted on First Reading on January 15. The renovation of the Library was funded at $103,000 through the additional one -quarter cent sales tax program. During the preliminary design phase, additional items were identified which, should be com- pleted during this renovation. These additional items are: 1) first floor lighting upgrade; 2) balance HVAC first floor; 3) additional exhaust second floor; 4) growth of original electrical estimate; 5) growth of original general construction estimate; and 6) additional case work. 16. Second Reading of Ordinance No. 8, 1985, Appropriating Prior Year Reserves in the SAVE Fund and Authorizing the Payment of Unexpended Appropriations in the SAVE Fund to the REACH Program. From 1980 through 1982, the City, through a series of grants, was able to conduct a project to Save America's Vital Energy (SAVE). Since 1982, SAVE has been unable to obtain additional grant funds, and , the project has been discontinued. During the same time, additional interest has been earned, leaving the fund with a balance of $9,173.04 at the end of 1984. Staff feels that, because the service provided by REACH is the same as SAVE's during its existence, giving the unspent funds of $9,173.04 to the REACH program would be appropriate at this time. This amount would finance the weatherization of 70 additional homes at the current average cost of $130 per home. Of the $9,173.04 available in the SAVE Fund, only $3,535.04 has previously been appropriated. This ordinance was unanimously adopted on First Reading on January 15 and appropriates the other $5,638.00 from prior year reserves in the Fund, and authorizes the total to be paid to the REACH program. 17. Second Reading of Ordinance No. 9, 1985, Appropriating Unanticipated Revenue of 3,000 in the Transportation Fund for the SAINT Program. SAINT, a volunteer transportation service matching seniors (60+) in need of transportation with volunteer drivers, has received a $3,000 grant from the Gannett Foundation for program operations. This -61- ' February 5, 1985 ordinance was unanimously adopted on First Reading on January 15 and appropriates the $3,000 of unanticipated grant revenue in the Trans- portation Fund for the SAINT program. 18. Second Reading,of Ordinance No..10, 1985, Amending Chapter 16 of the Code of the City of Fort Collins. The City Code provides, in Section 16-6, that the Council must, with regard to the creation of Special Improvement Districts, publish notice indicating the kind of improvements, the manner of assessment, interest rates, boundaries, total probable cost and the time of hearing for the consideration of the creation of the District. Pres- ently the Code provides that the hearing for the consideration of the establishment of the District must be held not less than thirty (30) days after the first publication nor more than -sixty (60) days there- after. It is the opinion of the City Attorney's Office that reason- able due process would not be denied to an interested person if the time period between first publication and hearing were shortened to twenty (20) days. Accordingly, this ordinance, which was unanimously adopted on First Reading on January 15, amends Section 16 to shorten, the time from thirty (30) days to twenty (20) days. 19. Second Reading of Ordinance No. 11, 1985, Changing the Open Market Purchases by Other Departments from 1210 to 1111. This Ordinance was unanimously adopted on First Reading on January 15. In 1984 a Purchasing System Review was performed by Main Hurdman. Among the recommendations made to improve the efficiency of the City's purchasing operation is the raising of the mini order limit from $200 (set by Ordinance in 1979) to $500. This is the amount of open market purchases which may be made by departments without going through the Purchasing Division. A $500 limit will provide greater flexibility for users, while not materially increasing exposure to the City. 20. Hearing and First Reading of Ordinance No. 13, 1985, Adopting "Colo- rado Model Energy Efficiency Construction Standards for Non -Residen- tial Buildings . The City of Fort Collins presently has no energy conservation stan- dards that apply to commercial construction. Upon direction from Council, staff has compared the Colorado Model Energy Efficiency Construction and Renovation Standards for Non -Residential Buildings with our current residential requirements. The state model document for new commercial construction is somewhat less restrictive than our residential energy code in the specific provisions for exterior envelope insulation. But the State code goes beyond thermal envelope performance and includes all of the building's energy -consuming equipment as well. 1 -62- February 5, 1985 Staff has proposed adopting the complete non-residential package ' contained in the State model document (with minor changes). It is felt that the time has come for Fort Collins to formalize its total energy policy strategy and adopt the State standard into a local code, rather than to rely on voluntary compliance. Voluntary compliance has proven much l.ess.effective with commercial buil.dings thanresidentialbecause energy concerns and costs can typically be passed on to the tenants. 21. Hearing and First Reading of Ordinance No. 14, 1985, Amending Section 114-2 of the Code of the City of Fort Collins Relating to the "Model Traffic Code for Colorado Municipalities", 1977 Edition. This Ordinance includes two changes to the Model Traffic Code as adopted and amended by the City. The changes relate to parking regulation and enforcement and are intended to take care of problems which have developed in that area. First, Section 12-2 regarding obedience to stopping, standing or parking regulations has been amended to require obedience to markings' such as lines, words and symbols painted on the road surface as well as official signs posted to give notice of stopping, standing or parking restrictions or prohibitions. Second, Section 22-20 relating to the authority to impound vehicles has been amended to add a new subsection (c) to make it unlawful for any person to abandon a vehicle on any public right-of-way or on ' property other than his own without the consent of the owner or lessee of the property. 22. Hearing and First Reading of Ordinance No. 15, 1985, Appropriating Prior Year Reserves in theGeneral Fund and Unanticipated Revenue in the Lioht and Power Fund. On October 20, 1984, the City began a more concentrated cable TV support program by creating the full-time position of "Cable Support staff person". Among the services provided by this position are support for the Public Access Advisory Board, support for the Cable Advisory Board, liaison with Columbine CableVision and departmental support in the areas of cable use and technology and programming to be aired over the municipal channel. Funding for this position will be provided by the General Fund and the Light and Power Fund. The estimated direct cost of $25,000 will be appropriated from the General Fund's reserves. This amount is approx- imately equal to the Use Taxes paid to the City by Columbine Cable - Vision in 1984. At the end of 1984, these funds lapsed into General Fund reserves. The costs associated with management support and facilities for this position are being provided by the Light and Power Utility through their existing budget. -63- 1 I February 5, 1985 This ordinance appropriates the $25,000 from prior year reserves in the General Fund for transfer to the Light and Power Fund, and appro- priates this unanticipated revenue in the Light and Power Fund for expenditure. 23. Hearing and First Reading of Ordinance No. 16, 1985, Appropriating Prior Year Reserves and Anticipated Revenues in the Conservation Trust Fund and Authorizing the Transfer of Appropriations Between Projects. The purpose of this ordinance is to appropriate available lottery money in the Conservation Trust Fund in order to establish a revised 1985 budget for the Conservation Trust Fund. When the 1985 budget was adopted by Council, only a small portion ($50,000) of the available resources from the Conservation Trust Fund (Lottery funds) was appropriated. It was felt that the Council Open Space Subcommittee would probably be making specific recommendations for funds, which have been received, and would make additional recom- mendations based upon actual resources available in the Conservation Trust Fund once those revenues were officially known. This ordinance appropriates $430,000 for expenditure in the Conservation Trust ' Fund. 24. Hearing and First Reading of Ordinance No. 17, 1985, Appropriating Unanticipated Revenue of $6,500 in the Transportation Fund for the SAINT Program. SAINT, a volunteer transportation service matching seniors (60+) in need of transportation with volunteer drivers, has received a $6,500 grant from the Larimer County Human Resource Committee for program operations. This ordinance appropriates the $6,500 of unanticipated grant revenue in the Transportation Fund for the SAINT program. 25. Hearing and First Reading of Ordinance No. 18, 1985, Appropriating Unanticipated Grant Revenue of $1,440 in the Cultural Services and Facilities Fund for the Museum. The Fort Collins Museum applied for and was awarded, on December 3, 1984, a $1,440 Local Assistance grant by the Colorado Historical Society. The Local Assistance Program is funded annually by appro- priation of the Colorado General Assembly to provide technical and financial assistance to local historical societies and museums throughout Colorado. The grant funds will enable the Museum to hire a temporary, part time employee to help inventory the Museum's collection of historical -64- February 5, 1985 items. The period of employment will be from January 7 through April 26, 1985. The inventory will provide an accountability of the Muse- ' um's items on record, and lead to the development of a location file, which will simplify retrieval of an individual item from among the 20,000 in the collection. 26. _I.tems Relating to Riverside Shopping Center Subdivision Filing Two. A. Hearing and First Reading of Ordinance No. 19, 1985, Vacating Two Utility and Access Easements and a Portion of the Emigh Ditch Easement in Riverside Shopping Center Filing II. B. Acceptance of Replacement Easements and Additional Right -of -Way for Pennock Place. Riverside Shopping Center Subdivision, Filing Two, was approved by the Planning and Zoning Board on July 23, 1984. At that time the devel- oper (Osprey, Inc.) had not prepared a final site plan for the center. (Since this is a straight subdivision and not a P.U.D., the developer is not required to submit a site plan for approval, except as required for a building permit.) The developer has currently developed a site plan and many of the easements, as platted, interfere with his new plan. As a result, the developer is requesting that the City vacate some of the platted easements to accomodate his current site plan and accept the replacement easements and additional right-of-way. All utilities have been notified of the request and have indicated no problems. ' 27. Items Relating to Vacation of Easement in Brown Farm Third Filing. A. Hearing and First Reading of Ordinance No. 20, 1985, Vacating a Portion of a Drainage Easement in Tract B, Brown Farm Third Filing. B. Acceptance of Dedication of Easement for Detention. The Developer of Drake Crossing Auto Center, a P.U.D. (Fort Collins Car Wash Partnership), is requesting the vacation of a portion of an existing drainage easement to accommodate an island for gas pumps. The developer has dedicated', as part of their P.U.D., an additional easement to accommodate the detention lost by this vacation. All'the utilities have been notified of this vacation request and have indi- cated no problems with it. 28. Resolution Authorizing the City Manager to Enter into an Agreement with Larimer County for the Provision of Certain Parking Spaces on Mountain Avenue and on Chestnut Street. Larimer County operates office space on the corner of Riverside Avenue and Chestnut Street. The parking for employees of this office is -65- ' February 5, 1985 limited. In an effort to mitigate the parking problem in the Old Town area, Larimer County and the City of Fort Collins entered into an Intergovernmental agreement on August 18, 1981, whereby Larimer County purchased 35 permit parking spaces on East Mountain Avenue in the The 1985 contract, which will be effective from January 1, 1985, through December 31, 1985, provides a $7/space/month rate. Regular parking permits are $8/space/month. Larimer County has been given a lower rate because of the quantity purchased, the once -a -year proces- sing of these permits, and the using of their own stickers for the permits. This greatly reduces handling and paperwork. In 1985 new parking programs and fees will be implemented. We prefer to postpone a rate increase for the County lease until the particular program and fee schedule are determined. The Parking Commission met on December 7, 1984, and recommended approval of this agreement. 29. Motion to Accept with Conditions the Deed for the Property Located at 309 South Sherwood. Sometime in 1983, Mrs. Grace Quinby approached the City about donating her property at 309 South Sherwood to be developed as a mini -park for Senior Citizens. The City staff gave her a favorable response and so she placed a proviso in her trust for donation of the property to the City upon her death, together with the sum of $1,000 for development ' of a park which is to be attractive and useful to elderly persons in the City. Mrs. Quinby recently died and now the City must decide if we do indeed want to accept the property and develop it as a Senior Citizen Park. A neighborhood meeting was held and there was no opposition to the park. Staff recommends accepting the property as a gift to eventually be developed into a Senior Citizen Park. The Parks and Recreation Board has reviewed the plans as well and also recommends acceptance of the property. 30. Routine Deeds and Easements. The following are routine easements which have been reviewed and approved by the Light and Power Utility, Public Service Company and the legal staff. The two easements will be used for the construction of an underground electrical duct bank and will also be utilized by Public Service Company and Platte River Power Authority for construc- tion of utility services to the Anheuser-Busch site. The easements parallel the northwest right-of-way between the Larimer-Weld Canal and the property owned by Anheuser-Busch. Consideration for each easement is $0.125 per square foot. Approximately two-thirds of this cost will be reimbursed by Public Service Company. February 5, 1985 a. Easement dedication from Deborah H. Pool, Diane Woollett and Denzel F. Hartshorn, for underground utilities. Consideration is $4,290.41. b. Easement dedication from Deborah H. Pool, Diane Woollett and Denzel F. Hartshorn for overhead and underground utilities. Consideration is $762.30. In addition, an option for a water line easement has been negotiated across the property owned by Pool, Woollett and Hartshorn within an existing Western Area Power Administration (WAPA) transmission line right of way. The exact location within this corridor will be deter- mined by Taranto, Stanton and Tagge, designers of the water line. WAPA has given preliminary approval for the encroachment. Cost of the option is $100. Upon exercise of the option, consideration for the easement will be $1550 or 10% of fee. Ordinances on Second Reading were read by title by Wanda Krajicek, City Clerk. Item #5. Tabling of the Second Reading of Ordinance No. 152, 1984, Re- lating to the Inclusion of lands within the Northern Colorado Water Conservancy District. Item #6. Tabling of the Second Reading of Ordinance No. 194, 1984, Annex- ing Approximately 2.96 Acres Known As the Sheridan First Annexa- tion. Item #7. Tabling of the Second Reading of Ordinance No. 195, 1984, Zoning Approximately 2.96 Acres, Known as the Sheridan First Annexation into the R-E, Residential Estate, Zoning District. Item #8. A. Second Reading of Ordinance No. 210, 1984, Fixing the Salary of the City Attorney. B. Second Reading of Ordinancel No. 211, 1984, Fixing the Sala of the City Manager. C. Second Reading of Ordinance No. 212, 1984, Fixing the Salary of the Municipal Judqe. Item #9. Second Reading of Ordinance No. 1, 1985, Annexing Approximatel 16.25 Acres Known as Springbrook Two Annexation. Item #10. Second Reading of Ordinance No. 2, 1985, Zoning Approximatel 16.25 Acres, Known as Springbrook Two Annexation into the R-F Planned Residentla , oninq istrict. •-67- 1 IFebruary 5, 1985 Item #11. Second Reading of Ordinance No. 3, 1985, Changing Zoning Condi- tions on Property Known as Scenic Views PUD. Item #12. A. Second Reading of Ordinance No. 4, 1985, Setting Requirements for Naming all New Arterial and Collector Streets. Item #13. Second Reading of Ordinance No. 5, 1985, Being an Ordinance Appropriatinq Unanticipated Revenue in the Conservation Trust Item #14. Second Reading of Ordinance No. 6, 1985, Amending Section 99-6 of the Code of the City of Fort Collins Regarding Improvements to Offsite Streets. Item #15. Second Reading of Ordinance No. 7, 1985, Authorizing the Transfer of Appropriated Amounts from the General Fund to the Capital, rojec s un or Additional Renovation Work at the Library. Item #16. Second Reading of Ordinance No. 8, 1985, Appropriating Prior Year Reserves in the SAVE Fund and Authorizing the Payment of Unex- pended_Appropriations in the SAVE Fund to the REACH Program. ' Item #17. Second Reading of Ordinance No. pated Revenue of $3,000 in the 9, 1985, Appropriating Unantici- Transportation Fund for the SAINT Program. Item N18. Second Reading of Ordinance No. 10, 1985, Amending Chapter 16 of the Code of the City of Fort Collins. Item #19. Second Reading _of Ordinance No. 11, 1984, Changing the Open Market Purchases by Other Departments from $200 to $500. Ordinances on First Reading were read by title by Wanda Krajicek, City Clerk. Item #20. Hearing and First Reading of Ordinance No. 13, 1985, Adopting "Colorado Model Energy Efficiency Construction Standards for Non -Residential Buildings". Item #21. Hearing and First Reading of Ordinance No. 14, 1985, Amending Section 114-2 of the Code of the City of Fort Collins Relating to the "Model Traffic Code for Colorado Municipalities', 1977 Edition. Item #22. Hearing and First Reading of Ordinance No. 15, 1985, Appropri- ating Prior Year Reserves in the General Fund and Unanticipated evenue in the Liqht and Power Fund. February 5, 1985 Item #23. Hearing and First Reading of Ordinance No. 16, 1985, Appropri- ating Prior Year Reserves and Anticipated Revenues in the Conser- vation Trust Fund and Authorizing the Transfer of Appropriations Between Projects. Item #24. Hearing and First'Reading of'Ordinance No. 17, 1985, Appropri- ating Unanticipated Revenue of $6,500 in the Transportation Fund for the SAINT Program. Item #25. Hearing and First Reading of Ordinance No. 18, 1985, Appropri- ating Unanticipated Grant Revenue of $1,440 in the Cultural Services and Facilities Fund for the Museum. Item #26. A. Hearing and First Reading of Ordinance No. 19, 1985, Vacating Two Utility and Access Easements and a Portion of the Emigh Ditch Easement in RiversideShopping Center Filing I Item #27. A. Hearing and First Reading of Ordinance No. 20, 1985, Vacating, a Portion of a Drainage Easement in Tract B, Brown Farm Third Filing. Councilmember Clarke made a motion, seconded by Councilmember Stoner, to adopt and approve all items not removed from the Consent Calendar. Yeas: Clarke, Elliott, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None. , THE MOTION CARRIED. Ordinance Adopting "Colorado Model Energy Efficiency Construction Standards for Non -Residential Buildings", Adopted on First Reading Following is the staff's memorandum on this item: "The City of Fort Collins presently has no energy conservation standards that apply to commercial construction. Upon direction from Council, staff has compared the Colorado Model Energy Efficiency Construction and Renova- tion Standards for Non -Residential Buildings with our current residential requirements. The state model document for new commercial construction is somewhat less restrictive than our residential energy code in the specific provisions for exterior envelope insulation. But the State code goes beyond thermal envelope performance and includes all of the building's energy -consuming equipment as well. A recent survey conducted by the Colorado Office of Energy Conservation revealed that most all major Colorado cities now enforce 'the State stan- dards. In fact, Denver and Boulder go considerably beyond the State -69- 1 February 5, 1985 minimums simply because they are considered just that. The State has also indicated that there is currently underway an effort to upwardly revise the national standards upon which the Colorado model is based. A revised national code may be forthcoming in late 1985. The CHOICE Advisory Committee originally recommended a non -regulatory approach to the issue of commercial energy conservation, with emphasis on educational methods such as pamphlets and seminars provided by the City. Staff proposed that CHOICE review their recommendation and consider incor- porating the State's commercial insulation standards as a basic code. CHOICE now supports a code change of this nature, as the letter from Chairman Ann Murray indicates. Staff has proposed adopting the complete non-residential package contained in -the State model document.(with minor .changes)...It .is felt that the time has come for Fort Collins to formalize its total energy policy strategy and adopt the State standard into a local code, rather than to rely on volun- tary compliance. Voluntary compliance has proven much less effective with, commercial buildings than residential because energy concerns and costs can typically be passed on to the tenants. The proposed energy conservation construction requirements could add an estimated 1% to 5% to total construction costs. This initial expenditure, could be recovered in energy cost savings in a fairly short time period. ' More importantly, long term energy consumption would be significantly reduced in the community. Although there may be some grumbling in the commercial building industry, significant opposition is not anticipated. Such a code is generally accepted as being long overdue. Also, many projects already are designed to meet the State regulations so adopting non-residential energy standards may represent more a formality of process than actual additional construction requirements. The Non -Residential Energy Conservation Standards proposed for your con- sideration are amended slightly from the State model in order to be more compatible with our current building code. Staff recommends adoption of the proposed Non -Residential Energy Conserva- tion Standards. Appropriate updating of this ordinance would occur as an ongoing effort with the involvement of CHOICE. Other options available to Council would include: 1. Adopt nothing and continue as in the past with no real gauge on the commercial energy conservation in our city; 2. Adopt something .less prescriptive than recognized standards; or 3. Hold off and see what may happen with revised national standards." -70- February 5, 1985 , Councilmember Elliott made a motion, seconded by Councilmember Ohlson, to adopt Ordinance No. 13, 1985 on First Reading. Councilmember Stoner asked when the revised national standards would be coming out and asked for an explanation of the amendments from the State model. Community Development Director Curt Smith noted the revised standards would be out during the next 12-24 months and would be incorporated into the Building Code. He added the specifics of the amendments were detailed in the ordinance and were highlighted in caps. Dick Beardmore, 110 North College, A-E Design, asked if these standards had been discussed with the design community, developers, and property owners. Curt Smith replied they had been discussed over the past several years through the CHOICE Committee. Mr. Beardmore encouraged Council to table consideration of the item for two weeks to allow more review by the development industry. Bruce Lockhart, 2500 East Harmony Road, questioned the legality of the I standards and did not feel it was necessary to mandate by ordinance how much insulation should be installed in commercial buildings. Councilmember Clarke pointed out that builders often are not the persons who end up paying the utilities so they overlook the evergy saving measures since it's less expensive to construct without them. He felt anything that would prolong or extend the life of our natural resources was wise and prudent and should be done regardless of current energy costs. Chief Building Inspector Felix Lee responded to questions from Council and noted the ordinance was similar to a residential energy code. He added it was performance related based on the exterior envelope, the heating equip- ment, etc. He noted it was somewhat less restrictive that the residential code. He stated the standards had been around five years and have been used state-wide so he had not felt it necessary to present it in detail to the development community. Councilmember Stoner felt part of the citizen input process might have been eliminated prior to Council consideration. Councilmember Stoner made a motion to table Ordinance No. 13, 1985 on First Reading to March 19. THE MOTION DIED FOR LACK OF A SECOND. -71- February 5, 1985 Councilmember Ohlson felt the City lacked the very basis of energy conser- vation, the commercial energy code. He noted the code involved minimum standards that may be redone because they are already antiquated. He pointed out the code had been around a long time and is now being adopted locally. If problems exist, amendments could be made prior to Second Reading. He urged adoption of the ordinance. Mayor Horak suggested discussions with the design community be held before Second Reading to see if additional changes are needed. The vote on Councilmember Elliott's motion to adopt Ordinance No. 13, 1985 on First Reading was as follows: Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Ohlson, and Rutstein. Nays: Councilmember Stoner. THE MOTION CARRIED. Ordinance Appropriating Prior Year Reserves in the General Fund and Unanticipated Revenue in the Light and Power Fund, Adopted on First Readinq Following is the staff's memorandum on this item: "On October 20, 1984, the City began a more concentrated cable TV support program by creating the full-time position of "Cable Support staff person". Among 'the services provided by this position are support for the Public Access Advisory Board, support for the Cable Advisory Board, liaison with Columbine CableVision and departmental support in the areas of cable use and technology and programming to be aired over the municipal channel. Funding for this position will be provided by the General Fund and the Light and Power Fund. The estimated direct cost of $25,000 will be appro- priated from the General Fund's reserves. This amount is approximately equal to the Use Taxes paid to the City by Columbine CableVision in 1984. At the end of 1984, these funds lapsed into General Fund reserves. The costs associated with management support and facilities for this position are being provided by the Light and Power Utility through their existing budget. The attached ordinance appropriates the $25,000 from prior year reserves in the General Fund for transfer to the Light and Power Fund, and appropriates this unanticipated revenue in the Light and Power Fund for expenditure." Councilmember Rutstein made a'motion, seconded by Councilmember Stoner, to adopt Ordinance No. 15, 1985 on First Reading. -72- February 5, 1985 ' Councilmember Knezovich asked about the job duties of this staff person and how they worked with Columbine CableVision. City Manager Arnold replied that Wendy Williams had been assigned to the cable TV function and noted she had been working with Columbine to improve relationships and get them involved in the Cable Advisory Board and the Public Access Board. He noted the two boards had been meeting frequently and that she also had been handling citizen complaints. Bruce Lockhart, 2500 East Harmony Road, questioned the timing of the hiring of this person. City Manager Arnold replied this had been an internal promotion and as such had not been advertised. Mayor Horak noted that. since our franchise agreement was fairly old as, cable franchises go, the City was attempting to expand the public access aspect of the system that other cities have available routinely. This person is the staff support to the two boards recently formed for that purpose. Councilmember Clarke felt it was important for the two boards to have staff support in order to be effective. He stated the City Manager was respond- ingIto Council's concern that the boards be established and that they function well. Mr. Lockhart suggested Columbine CableVision should appropriately fund this position. Councilmember Elliott felt this person would facilitate public access programming and that using the revenues generated by Columbine was a way to invest in the process. Councilmember Knezovich agreed with Mr. Lockhart that the position should be funded by Columbine and that the funding should not come from the use taxes generated. He felt the costs should not be subsidized by the Light & Power Fund and that the cost should be borne by the General Fund if the position was necessary. Councilmember Ohlson expressed his concerns and noted this position would not be a high priority one to him. He felt the staff position could be better utilized in an area other than cablevision. He stated he would oppose the ordinance. Councilmember Rutstein supported the ordinance and stated she felt the two Cable Advisory Boards had been set up in order to have public access -73- February 5, 1985 programming. She felt this position was the beginning of public access and stated Columbine would never fund such a position. She felt the Council had some responsibility to the citizens of Fort Collins to provide a means for public access. Councilmember Stoner pointed out no provision for this position was in- cluded in the contract with Columbine; therefore there is no way to force them to fund or establish such a position. City Manager Arnold stated he felt Columbine would continue to generate use taxes and noted this ordinance transfers $25,000 from the General Fund to Light & Power to reimburse Light & Power for the direct costs associated with the position that will be housed and supervised by Light & Power. He stated this would be an annual transfer from the General Fund to Light & Power and that he did not want Light & Power to be funding cable TV either. He stated Light & Power would pay for the indirect costs (office space, furniture, etc.) associated with the position. The vote on Councilmember Rutstein's motion to adopt Ordinance No. 15, 1985, on First Reading was as follows: Yeas: Councilmembers Clarke, Elliott, Horak, Rutstein, and Stoner. Nays: Councilmembers Knezovich and Ohlson. THE MOTION CARRIED. Citizen Participation Bruce Lockhart, 2500 East Harmony Road, spoke of the Transportation Utility Fee and objected to it being charged on the private roads in front of his residence. Ken Bonetti, 306 East Elizabeth, representing the Core Area Neighborhood, expressed support for the Quinby Park project and encouraged its develop- ment in a timely manner. Terry Foppe, 622 Whedbee, spoke on the enforcement of the smoking ordinance in City Hall and asked about the record keeping process for complaints on enforcement of the ordinance and for tracking expenses associated with implementing the ordinance. Chris Nelson, Paired Cities Project, reported on the materials sent by his group to Telavi, USSR, and on the materials recently received from that city. He gave a progress report on the project. Jim Woodward, 430 Garfield, posed questions about the viability of the 43-unit Oak Park Condo project proposed on Remington Street. City Manager Arnold noted this matter would be, scheduled for the February 19 meeting and more detailed materials will be available prior to that meeting. 1 -74- February 5, 1985 Ordinance Appropriating Prior Year Reserves and Anticipated Revenues in the Conservation Trust Fund and Authorizing the Transfer of Appropriations Between Protects. Adopted on First Readinq Following is the staff's memorandum on this item. "The purpose of this ordinance is to appropriate available lottery money in the Conservation Trust Fund in order to establish a revised 1985 budget for the Conservation Trust Fund. When the 1985 budget was adopted by Council, only a small portion ($50,000) of the available resources from the Conservation Trust Fund (Lottery funds) was appropriated. It was felt that the Council Open Space Subcommittee would probably be making specific recommendations for funds, which have been received, and would make additional -recommendations based upon actual resources available in the Conservation Trust Fund once those revenues were officially known. In the fall of 1983, the Council Open Space Subcommittee was formed to determine allocation of Lottery funds. This resulted in Council approving Resolution 84-48 (copy attached). On November 7, 1984, the subcommittee reconvened. Staff updated members on the status of the existing projects, and discussed future appropriations of Lottery receipts. Briefly, the status of each approved project is as follows: • Foothills Trail - Continuing to negotiate with CSU for trail I easement. • Spring Creek and Poudre Trail extensions west of Taft Hill Road - we have contracted with Alice Richardson to negotiate with property owners for acquiring easements. • Fort Collins/Loveland Corridor - funds are being used for the appraisal. • Open Space Acquisitions - purchased Roesser property; negotiating for a purchase along the Poudre River. 1985 Proposed P�,bjects The previously adopted 1985 budget of $50,000 allocates $25,000 for the Poudre Trail and $25,000 for the Spring Creek Trail for both acquisition and development, as designated in Resolution 84-48. These two approved projects/budgets will remain as allocated. The revised 1985 budget appro- priates an additional $430,000 from prior year reserves, anticipated revenues, and transfers from appropriated reserves for a new total 1985 budget of $480,000. Staff has prepared a revised five-year budget as well. -75- I February 5, 1985 Attached are four location maps labeled "Map A - Approved Open Space Projects," "Map B - Approved Trail Projects," "Map C - Proposed Lottery Fund Projects," and "Map D" - Proposed Archery Range/Strauss Cabin Trail Area." Also attached is a chart showing the total appropriations for all the approved open space and trail projects, and for the proposed Lottery Fund projects. The chart lists all the projects numerically, and the chart numbers correspond to the various maps for location/identification pur- poses. Projects number 1, 2, 11, 12, 13, 14, and 15 as labeled on Map C are the specific projects under consideration for the revised 1985 appro- priation. These projects are as follows: #1 - Open Space Acquisition ($50,000) This project provides a 'pool' of funds to acquire or preserve open space anywhere within the environs of Fort Collins that may become available. #2 - Greenbelt Corridor Acquisition ($70,000) This item allows the continuation of the investigation and/or the ' acquisition of land or development rights between the cities of Fort Collins and Loveland to maintain a greenbelt corridor in this area. In 1984, an additional $100,000 from Lottery funds and $100,000 from sales tax was allocated to this project for a total of $270,000. 1 #11 - Poudre River Open Space Acquisition ($130,000) This item allows us to take advantage of land acquisition along the river that may encompass more acreage than what is needed just for a trail corridor. 12 - Strauss Cabin Trail Acquisition/Development ($50,000 The Strauss Cabin trail extends the Poudre Trail an additional 3.5 miles downstream to the historic Strauss Cabin near I-25. A trailhead will be provided at the proposed archery range. This project is part of the original trail system recommended by the Open Space Plan of 1974.' The attached "Map D" more clearly locates this project. 3 - Fossil Creek Trail There is no funding proposed for this project until 1988. -76- February 5, 1985 #14 - Strauss Cabin Trailhead/Archery Range ($120,000) ' This project consists of constructing trail parking facilities in conjunction with an archery range on a 50-acre open space site purchased by the City in 1983. The site is located just west of I-25 along the Poudre River. Improvements will include a parking area, shelter, restroom, playground, archery ranges, and related work. The future Strauss Cabin Trail will tie into the trailhead providing a connection with upstream portions of the Poudre Trail. The attached "Map 0" more clearly locates this project. #15 - Spring Creek/College Avenue Underpass ($10,000) This project seeks to provide an off-street crossing of College Avenue, using the box culvert tunnel which presently channels Spring Creek. Initial funds would be used to fully study the feasibility of this project with respect to drainage impacts and route alignment safety. Later appropriations would provide construction money. Parks and Recreation Board Recommendation The Parks and Recreation Board, at their regular meeting of January 22, 1985, after thorough review and discussion, voted unanimously 8:0 (one I member absent) to support the five-year Conservation Trust Fund budget as prepared by staff, and recommend Council adopt the 1985 revised budget as submitted." Councilmember Ohlson made a motion, seconded by Councilmember Rutstein, to adopt Ordinance No. 16, 1985 on First Reading. Mayor Horak noted he was completely in support of the overall plan but had concerns for precedents on funding the archery range. He noted lottery monies were specified for open space and trails and not for development. He felt the archery range project had merit and noted he felt it could be funded with any contingency funds available, small capital project, or could be placed in the budget. He noted staff had drafted an alternate ordinance to address his concerns that would reduce the Strauss Cabin appropriation by $26,000 to $94,000. Councilmember Ohlson made a motion, seconded by Councilmember Rutstein, to adopt the alternate version of Ordinance No. 16, 1985 on First Reading, appropriating a total of $404,000 for expenditure in the Conservation Trust Fund. City Manager Arnold noted the $26,000 for the archery range project could probably be found in the Parks & Recreation budget or could be supplemented by contingency funds. -77- I February 5, 1985 Jim Hinckley, 1900 Larkspur Drive, spoke in support of the need for an archery range and estimated the number of archers in the area to be approx- imately 2,000. He noted the Fort Collins Archery Association represented 125 family memberships. He asked for Council support of the project. The vote on Councilmember Ohlson's motion to adopt the alternate version of Ordinance No. 16, 1985 was as follows: Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. Items Relating to Spaulding Lane Following is the staff's memorandum on this item: "A. Second Reading of Ordinance No. 200, 1984, Amending Chapter 95 of the Code to Provide for the Reimbursement of City Expenses in Constructing the Local Portion of Streets Adjacent to Undeveloped Land. B. Second Reading of Ordinance No. 155, 1984, Authorizing the Transfer of Appropriations Between Capital Projects for the Construction of ' Spaulding Lane. On December 18, 1984, Ordinance No. 200, 1984 was unanimously adopted on First Reading. Ordinance No. 155, 1984 was tabled on Second Reading. On January 15, 1985, staff requested and Council approved, the tabling of both ordinances on second reading to February 5, 1985, in order for staff to conclude negotiations with certain property owners regarding this matter. In the course of those negotiations, the property owners raised concerns with the wording of Ordinance No. 200 regarding the collection of interest on monies expended by the City. Staff has reviewed those concerns and recommends a change in Ordinance No. 200 that would replace the interest charges with an inflationary increase to be collected at the time of development. The attached memorandum from City Engineer Tom Hays explains this change further. Staff believes this change would encourage developers to donate right of way needed for City projects and save lengthly legal actions to acquire right of way through condemnation. The City would lose some interest earnings but would save staff costs on legal proceedings while the public would enjoy the benefits of an improved public road. For these reasons, staff recommends the amendment to Ordinance No. 200, 1984." Wn February 5, 1985 ' City Engineer Tom Hays noted there was a need for an amendment to Ordinance No. 200, 1984 on Second Reading. He noted the change was in the way the City would cover costs for constructing a street. An inflation factor would replace interest charges so that at the time the property develops, the developer is paying back to the City the equivalent of the costs he would have paid at that time. He felt this would make the negotiation fo,r right-of-way acquisition much easier and less expensive and felt the difference in cost was small in relation to the benefits. He read the proposed amendment which was Section "C" of the ordinance and noted the language was consistent with the language in Section 99-6 dealing with the repay on streets. Councilmember Stoner made a motion, seconded by Councilmember Rutstein, to adopt Ordinance No. 200, 1984 on Second Reading. Councilmember Clarke made a motion, seconded by Councilmember Stoner, to, amend the ordinance by adding Section "C" as described by City Engineer Tom Hays. Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. The vote on Councilmember Stoner's motion to adopt Ordinance No. 200, 1984 ' as amended on Second Reading was as follows: Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. Councilmember Knezovich made a motion, seconded by Councilmember Rutstein, to adopt Ordinance No. 155, 1984 on Second Reading. Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. Resolution Making Appointments to the Storm Drainage Board and the Senior Citizen Board, Adopted with Names Inserted Following is the staff's memorandum on this item: "A vacancy currently exists on the Storm Drainage Board due to the resigna- tion of Hal Cochrane. The board liaison has conducted interviews for the vacancy. -79- February 5, 1985 ' Two vacancies currently exist on the Senior Citizens Board due to the resignations of Alexander Pender and Gail deVore. The board liaison has reviewed the applications that were submitted. Recommendations for each of these vacancies will be forwarded under separate cover." Councilmember Stoner proposed Pat Graham be nominated as the Storm Drainage Board regular member with Constantine Papadakis as the alternate member. Councilmember Ohlson proposed Virginia Mohr -Callahan be nominated as the Senior Citizen Board regular member with Charlotte Golden and Paula Makowsky as the two alternate members. Councilmember Knezovich made a motion, seconded by Councilmember Ohlson, to adopt Resolution 85-18 inserting the names as suggested by Council - members Stoner and Ohlson. Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. City Attorney's Report City Attorney Huisjen reported on a letter presented to him by Barbara ' Allison and stated he Session. would like to discuss that letter in an Executive City Manager's Report City Manager Arnold reported on the increase in Transfort ridership for 1984 noting it had been a 28% increase. He reported that staff was looking for ways the City and Public Service could mutually use the City's compressed natural gas (methane) depot as a fueling site for other fleets such as state, school district, post office, etc. I He reported on the City's use of sand and salt during December and noted 923 tons had been used.. Councilmembers' Reports Councilmember Knezovich reported on the progress of the sales tax simplifi- cation bills and noted it would probably be heard in the House Finance Committee and then the House Appropriations Committee. He expected the House Finance Committee to hear the bill the week of February 18. :1 February 5, 1985 ' Councilmember Knezovich reported on the recent PRPA meeting and spoke on the possiblity of undergrounding a major transmission line through Longmont at a cost of $3-4 million. He reported on the upcoming PRPA appeal of Judge *Sul 1"ivan's decision in the recent eminent domain case relating to the acquisition of Foothills substation site by PRPA. Resolution Authorizing the City Manager to Enter into a Professional Services Agreement with ARIX for the Design and Construction Management of the South Lemay Avenue and Horsetooth Road Improvements, and a Parkinq Lot in Warren Park. Adopted Following is the staff's memorandum on this item: "This resolution authorizes the City Manager to enter into a professional services agreement with ARIX, for the engineering services required for the design and construction management of the South Lemay Avenue and Horsetooth Road Improvements and a parking lot in Warren Park. "South Lemay Avenue and Horsetooth Road Improvements" is a new name for the "South Lemay - Horsetooth to Harmony Project". The section of Lemay Avenue ' which connects onto Harmony Road has already been completed. This name change will better reflect the updated scope of work. The budget approved for 1985 includes $1,883,000 for the design, R.O.W. acquisition, and construction. Lemay Avenue will be constructed to arterial standards from Horsetooth Road south (112 mile) around Warren Lake to connect with the Golden Meadows Subdivision. Traffic signals will be installed on Horsetooth Road at the T-intersection with Lemay north, and the T-intersection with Lemay south. The section of Horsetooth between the two intersections (1/4 mile), will also be completed to arterial standards. Horsetooth and Lemay will have landscaped medians, and the area between the sidewalk and the street will be landscaped. These improvements will be constructed during the summer of 1985. Parks and Recreation has requested that a parking lot be designed for Warren Park with access off Lemay. If the parking lot can be built at a reasonable. cost, Parks and Recreation may have the construction included with this project. Parks and Recreation will reimburse the project for expenses associated with the parking lot design and potential construction. In accordance with the Capital Project Management Control System manual the consultant selection committee reviewed 13 proposals, most of which were professionally prepared by well qualified consulting 'firms. The selection February 5, 1985 t committee interviewed the top three firms and selected ARIX as the best qualified firm for this particular project. Staff has negotiated a time plus services agreement with a not to exceed cost of $128,500. City staff intends to work very closely with ARIX to keep the design costs to a minimum. 11 ARIX has shown great interest in helping make this project a success. They are eager to begin their work, since two irrigation ditch crossings need to be install by May 1st., and the street construction is to be bid by June 15th. Construction will to be completed by September 30th. This project will be financed by the sale of Bond Anticipation Notes. Until the notes are sold, the project will be financed from within the Capital Project Fund." `-Counci'lmember Rutstein'made a motion, -seconded'by 'Councilmember Stoner, to adopt Resolution 85-21. City Engineer Tom Hays noted staff was in the process of identifying funds for the construction of a parking lot adjacent to the street and would be looking at the design of the lot and investigating funding sources. Funds may be available by the time bids are taken. Councilmember Stoner asked if the construction schedule was realistic. Tom Hays replied in the affirmative, noting the construction was very straightforward with no conflicting traffic for the contractor to deal with. Councilmember Knezovich asked about the median landscaping and expressed concern that plants with the highest survivability and low maintenance would be chosen. The vote on Councilmember Rutstein's motion to adopt Resolution 85-21 was as follows: Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. Resolution Supporting House Bill 1133 Regarding Smoking in Public Places, Adopted Following is the staff's memorandum on this item: "Representative James E. Moore (Lakewood) has introduced H.B. 1133 to the Colorado State Legislature. This bill is similar to Ordinance No. 23, 1984 which was adopted by a vote of the citizens of Fort Collins on November 6, 1984. ff-M February 5, 1985 ' Council has directed staff to prepare a Resolution expressing their support of this legislation which would ban smoking in public places and public meetings and has been expanded to include airports., train stations, and institutions. A copy of the Resolution, if adopted, would be forwarded to the appropriate legislative representatives." Councilmember Clarke made a motion, seconded by Councilmember Rutstein, to adopt Resolution 85-20 and to amend the fifth WHEREAS clause to change the word "any" to "this" referring to legislation restricting smoking in public places. Terry Foppe, 622 Whedbee, asked Council to seek removal of the safety clause from H.B. 113 so that it could be tested in court or subject to the referendum process. She felt this restriction was objectionable and should' not be placed in such a controversial issue. Councilmember Elliott stated he thought the clause was standard in all House legislation drafted. Mayor Horak asked the City Attorney to find out if the clause did in fact limit the rights of referendum. ' The vote on Councilmember Clarke's motion to adopt Resolution 85-20 as amended was as follows: Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. Other Business Councilmember Clarke made a motion, seconded by Councilmember Rutstein, to adjourn into Executive Session to discuss legal matters relating to the complaint received by the City Attorney from Barbara Allison. Yeas: Councilmembers Clarke, Knezovich, Ohlson, Rutstein, and Stoner. Nays: Councilmembers Elliott and Horak. THE MOTION CARRIED. At the conclusion of the Executive Session, City Attorney Huisjen stated that in the matter of the complaint received from Barbara Allison, 1212 Lynnwood Drive, he was of the opinion that there is no merit to her complaint and that it is misplaced. The process used in the City of Fort Collins is to take the complaint of individuals and make a determination of U-M I February 5, 1985 whether there is probable cause. That determination is made by the City Attorney's office. He stated he did not feel it was proper for him, as the City Attorney who represents the City of Fort. Collins and the individual Councilmembers, to make this determination of probable cause. He stated he had discussed with Council the need for appointing special counsel to make an investigation. He added he would employ an experienced attorney to review the matters alleged and to determine if there is probable cause to believe a violation has occurred. Councilmember Clarke commented he felt the complaint was without basis but concurred the matter needed to be reviewed and brought to conclusion. Councilmember Stoner asked if a counter suit for a frivolous suit could be filed to recover attorney's fees in the event the special counsel found no probable cause. City Attorney Huisjen replied in the negative, since this activity or process was provided by government to those people who make a complaint in good faith. Mayor Horak felt it was important to show government abides by the same due process that other citizens abide by. IAdjournment Councilmember Elliott made a motion, seconded by Councilmember Ohlson, to adjourn the meeting to 7:00 p.m, on February 12 to hear the appeal of the Planning & Zoning Board decision on Renaissance PUD. Yeas: Council - members Clarke, Elliott, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None. The meeting adjourned at 10:05 p.m. Mayor 1 -84-