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HomeMy WebLinkAboutMINUTES-04/17/1984-RegularApril 17, 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, April 17, 1984, at 5:30 p.m. in the Council Chambers in the City of Fort Collins City Hall. Roll call was answered by the following Councilmembers: Clarke, Elliott, Horak, Knezovich, Ohlson, and Stoner. Secretary's Note: Councilmember Rutstein arrived at 8:40 p.m. Staff Members Present: Arnold, Eckman, Lewis, Krajicek Agenda Review: Citv Manaqer City Manager Arnold noted staff was requesting that Item #14, Resolution Authorizing the City Manager to Amend an Existing Agreement with the State Board of Agriculture to Increase Water and Sewer Service Fees for Providing Water and Sewer Service to CSU, be totally removed from the agenda to be brought back at a later date. He added there would be one item of Other Business relating to flood protection and that there was a need for an Executive Session"to discuss legal matters. Bruce Lockhart, 615 Mathews, requested Item n12, Hearing and First Reading of Ordinance No. 53, 1984, Authorizing the City Manager to Enter into an Agreement for the Lease/Purchase of Vehicles and Equipment, be withdrawn from the Consent Calendar. Consent Calendar This Calendar is intended to allow the City Council to spend its time and energy on the important items on a lengthy agenda. Staff recommends approval of the Consent Calendar. Anyone may request an item on this calendar be "pulled" off the Consent Calendar and considered separately. Agenda items pulled from the Consent Calendar will be considered separately under Agenda Item #26, 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. 1 April 17, 1984 4. Consider Approving the Minutes of the Regular Meeting of April 3. 5. Ordinances Relating to Solar Access Strategy. A. Second Reading of Ordinance No. 44, 1984, Amending Sections of the Zoning and Subdivision Regulations to Eliminate Possible Barriers to Solar Energy Utilization. B. Second Reading of Ordinance No. 45, 1984, Amending the Zoning Code to include a "Solar Notification Service". C. Second Reading of Ordinance No. 46, 1984, Amending the Land Development Guidance System to include Solar Access Planning Criteria. Staff has prepared the above Ordinances which would implement a Fort Collins "Solar Access Strategy". The proposals are the product of approximately twelve (12) months of extensive research and evaluation by City Staff, the Planning and Zoning Board, and City Council. Work sessions with the Planning and Zoning Board and City Council and public information meetings have preceded this recommendation. ' Public comments on the "Strategy" have been favorable. On September 26, 1983, the Planning and Zoning Board voted 6-0 to recommend ap- proval of the proposed solar access strategy to City Council. During an October 18, 1983, worksession, City Council discussed the proposal and directed staff to begin preparation of the final documents and ordinances. These Ordinances were unanimously adopted on First Reading on April 3. 6. Second Reading of Ordinance No. 47, 1984, Appropriating Unanticipated Revenue in the Downtown Development Authoritv Fund for Downtown This Ordinance was unanimously adopted on First Reading on April 3. The Board of Directors of the Downtown Development Authority at its March 21 meeting adopted the budget for construction of the parking facility to be located at the southeast corner of Mountain Avenue and Remington Street. The intergovernmental agreement between the DDA and the City provides a line -of -credit for the initiation of the construction phase of the parking structure. Bids have been received and negotiations are I underway with the lowest bidder, Madsen Western Builders. -390- April 17, 1984 7. Second Reading of Ordinance No. 48, 1984, Aoorooriatina Unantici On September 20, 1983, Council passed Resolution 83-154 which repro- grammed $132,000 of CDBG Program Income. These funds were to be used as seed money by Larimer Community Services Incorporated, a non-profit organization, to coordinate the construction of a human resource facility to house United Day Care Center and several human service agencies. This Ordinance was unanimously adopted on First Reading on April 3 and appropriates the $132,000 in the Community Development Block Grant fund for the Larimer Community Services facility. 8. Second Reading of Ordinance No. 49, 1984 Vacating all Easements and Rights -of -Way on the Plat of Redwood Village PUD Phase I. This Ordinance was unanimously adopted on First Reading on April 3. ' On February 23, 1984, the Planning and Zoning Board approved the Meadows at Redwood Village PUD which replatted the entire area con- tained in the Plat of Redwood Village PUD, Phase I. Since the ease- ments on the original plat have changed, they must now be vacated to accommodate the new plat. 9. Second Reading of Ordinance No. 50, 1984, Vacatino a Portion of a This Ordinance was unanimously adopted on First Reading on April 3. The owners of Wilderland Condominiums are asking that a portion of a 15 foot utility easement be vacated to accommodate a building that would otherwise encroach upon the easement. 10. Second Readin of Ordinance No. 51 1984 Authorizin the Ex endit of the Colorado Hi oh" Commission Grant of 424,154 for Construct In August 1983, the Colorado Highway Commission awarded the City $424,154 from its Special Bridge Account for the replacement of the Linden Street Bridge. In subsequent weeks the Council adopted a Resolution stating the City would proceed with the project, thereby reserving the grant money from the state. Council also included ' 1111,000 in the 1984 Capital Projects Budget to provide the matching funds required by the grant and provide enough money to complete the project. -391- April 17, 1984 ' The provisions of the grant require that the money be issued to the City in three payments. Each payment is made when the project has reached a specific construction milestone. We have now received the first payment. By City Code we cannot spend this money, nor the two payments yet to come, until Council adopts this appropriation ordi- nance, which was unanimously adopted on First Reading on April 3, authorizing such expenditure. 11. Second Reading of Ordinance No. 52, 1984, Amending Chapter 38 of the Code of the City by Adopting the Uniform Building Code, 1982 Edition, with Amendments. This Ordinance was unanimously adopted on First Reading on April 3. The ad hoc Code Development Committee comprised of area builders, designers, and code officials from the City, Larimer County, and Loveland; and a member of the Commission on Disability began a de- tailed review in February, 1983 of the 1982 Edition of the Uniform Building Code. The results of this effort are reflected in the amendment proposal. Minor editorial changes have been made to the ordinance since First Reading; however, these changes in no way affect the intent of the ordinance as presented on April 3. Adoption of the Consent Agenda I will make these minor amendments and adopt the ordinance on Second Reading. 12. Hearing and First Reading of Ordinance No. 53, 1984, Authorizing the City Manager to Enter into an Agreement for the Lease/Purchase of Vehic es and Equipment. Staff continues to recommend lease/purchase as a viable alternative to the City's past method of providing for equipment needs. The City solicited lease/purchase financing proposals from approxi- mately 25 firms. The bids were opened at 11:00 a.m. on April 12. The lowest net effective interest rate was received from Merit Fi- nancial Corporation of 8.689%. Money for the 1984 lease/purchase payments was budgeted when the 1984 Budget was adopted in October, 1983. The City proposes in the Ordinance to lease/purchase vehicles and equipment in the amount of $278,967. 13. Hearing and First Reading of Ordinance No. 54, 1984, Appropriating Unanticipated Revenue and Authorizing Transfer in the DDA Fund for li Development of Pedestrian Wav Guidelines. During the fall of 1983 the Downtown Development Authority began ' discussing the need for cohesiveness in the ,quality and design of -392- 14. April 17, 1984 improvements to the pedestrian ways in the downtown, including simi- larity in sidewalk treatments, lighting standards and plantings. Following requests from two developers for assistance in upgrading the public right of way, the board established a committee to determine the scope of involvement by the DDA. The committee was comprised of members and staff of the Authority, City staff from the Planning and Engineering departments, and persons from private planning firms. The committee determined the need for continuity in designing upgrades within the district and issued a Request for Proposals for the development of Pedestrian Way Guide- lines. On February 21 Plum Street Professional Associates was chosen by the selection committee to provide the Downtown Development Au- thority with guidelines to use in funding pedestrian way upgrades. The DDA Board has approved the selection of the consultant and de- veloped the following budget: Consultants $14,500 Printing Costs 2,000 Reimbursables 500 Administration 800 Contingency 700 Total $18,500 Resolution Authorizing the City Manager to Amend an Existing Agreement with the State Board of Agriculture to Increase Water and Sewer In 1974, the City entered into an agreement with the State Board of Agriculture of the State of Colorado concerning the furnishing of water and sewer service by the City to Colorado State University. Since that time, the agreement has been amended numerous times for the purpose of adjusting the service fees the City charges CSU for water and sewer service. Rate adjustments for CSU correspond, percentage wise, to the rate adjustments experienced by all the other customers served by the City Water and Sewer Utilities. Rate adjustments for CSU are made effective July 1st of each year to accommodate their budgeting process. 15. Resolution Authorizing the City Mana er to Enter Into an Agreement with Dr. lJilliam L. Boyd to Continue a Fish And Benthic Biosurvey in 1984. Historically, City activities have impacted water quality in the Poudre River. Urban drainage, storm sewers, and wastewater discharges are examples of activities which have the potential for adverse -393- April 17, 1984 impacts. Environmental regulations and increased public access to the Poudre have made water quality impacts a major factor in determining the strategies, costs, and alternatives available to the City. The purpose of the ongoing study is to gather baseline data concerning the impacts of the City's treated wastewater effluents on the fish and benthic organisms in the Poudre River. 16. Resolution Authorizing the City Manager to Enter Into a Professional Services Agreement with Downing/Leach & Associates, Inc., for Pre- aaration of a Master Plan for Laurel School Neiqhborhood. As the redevelopment and growth of Fort Collins proceeds, the preser- vation of viable residential areas in combination with economic growth is essential to maintaining the quality of life. To meet this goal, it is imperative that integrated master plans be developed for the historical and residential neighborhoods surrounding downtown Fort Collins. In February 1984, the City's Purchasing Department advertised for ' Requests for Proposals for the Master Plan for Laurel School Neighbor- hood. Seven proposals were received. These proposals were screened by City staff and the Planning Steering Committee for the Laurel School Neighborhood Plan. Three firms, Cityscape of Fort Collins, Downing/Leach & Associates, Inc., of Boulder, and Community Services Collaborative of Boulder, were interviewed by a committee of City staff and steering committee members. In the opinion of the inter- viewers, Downing/Leach & Associates, Inc., was the firm best suited to prepare the Master Plan for the Laurel School Neighborhood for a sum not to exceed $23,500. 17. Resolution Approving a Hangar Agreement Option with Lease Agree- ment between Fort Collins -Loveland Airport Authoritv and Hewlett - After the creation' of the Fort Collins -Loveland Airport Authority the Cities of Fort Collins and Loveland leased the Airport pro- perty to the Authority for a period of five years. The lease to the Airport Authority contained provisions allowing the Airport Authority to sub -lease the premises for fair rent upon the con- dition that the Cities would have the right within thirty days to disapprove the sub -lease in whole or in part. The Airport Authority has negotiated with Hewlett-Packard Company ' and has arrived at terms acceptable to .the parties wherein H-P would construct an addition to an existing airport hangar facility -394- IApril 17, 1984 and would thereafter lease those improvements from the FBO or the Airport Authority for a period of five years. Also, H-P has negoti- ated to obtain from the Airport Authority a lease for 4.73 acres at a site near the eastern boundary of the Airport parallel to the south end of the runway. This option would run for a five year period and if exercised would allow H-P a thirty year lease. The lease would also provide that H-P in partial consideration of the payment of rent would construct road improvements, taxiway and utility extensions to the property. 18. Resolution Amendingthe Rules and Regulations for the Operation of Municipa Cemeteries. The proposed resolution would amend two sections of the Rules and Regulations for the Operation of Municipal Cemeteries: the section relating to burial receptacles and the section relating to permission for disinterments. Ordinances on Second Reading were read by title by Wanda Krajicek, City Clerk. ' Item #5. A. Second Reading of Ordinance No. 44, 1984, Amending Sections of the Zoning and Subdivision Regulations to Eliminate Possible Barriers to Solar Energy Utilization. B. Second Reading of Ordinance No. 45, 1984, Amending the Zoning Code to include a "Solar Notification Service". C. Second Reading of Ordinance No. 46, 1984, Amending the Land Development Guidance System to include Solar Access Planning Criteria. Item #6. Second Reading of Ordinance No. 47 1984 Appropriating Unantici- pated Revenue in the Downtown Development Authority Fund for Downtown Parkinq Facilitv. Item #7. Second Readinq of Ordinance No. 48. 1984. Aonrooriatinq Unantici- pated Revenue in the CDBG Fund. Item #8. Second Reading of Ordinance No. 49, 1984, Vacating all Easements and Rights -of -Way on the Plat of Redwood Village PUD, Phase I. Item #9. Second Reading of Ordinance No. 502 1984, Vacating a Portion of a Utility Easement at Wilderland Condominiums, a PUD. ' Item #10. Second iture Readin of Ordinance No. of the Colorado Highway 11, 1984 Authorizin Commission Grant of the Expend- 424 154 for Construction of the Linden Street Bridge. -395- Item #11. Second Reading of Ordi e un April 17, 1984 ' Chapter 38 of LaItion, Wlth Amenoments. Ordinances on First Reading were read by title by Wanda Krajicek, City Clerk. Item #12. Hearing and First Reading of Ordinance No. 53, 1984, Authorizing the City Manager to Enter into an Aqreement for the Lease/Pur- chase of vehicles Item #13. Hearing and Firs ating Unanticipa Fund for Develoomi ano Authorizing Iranster in rian Wav Guidelines. Councilmember Stoner made a motion, seconded by Councilmember Elliott, to adopt and approve all items not removed from the Consent Calendar. Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Ohlson, and Stoner. Nays: None. THE MOTION CARRIED. Ordinance Authorizing the City Manager to Enter into an Agreement for the Lease/Purchase of Vehicles and Equipment Adopted on First Reading Following is the staff's memorandum on this item: "Staff continues to recommend lease/purchase as a viable alternative to the City's past method of providing for equipment needs. The City solicited lease/purchase financing proposals from approximately 25 firms. The bids were opened at 11:00 a.m. on April 12. The lowest net effective interest rate was received from Merit Financial Corporation of 8.689%. Money for the 1984 lease/purchase payments was budgeted when the 1984 Budget was adopted in October, 1983. The City proposes in the Ordinance to lease/purchase: QUANTITY DESCRIPTION TOTAL COST LIFE 1 20 FT. Rotary Mower $ 7,353.00 4 1 72" Toro Riding Mower 10,149.00 4 2 5 Gang Mowers 45,800.00 4 5 Police Patrol Cars 52,600.00 4 6 Autotherms 1,022.00 4 TOTAL $116,924.00 -396- ' April 17, 1984 2 Compact Pickups $ 15,213.00 5 4 4-Door Sedans 33,482.00 5 3 2-Door Sedans 31,878.00 5 1 85 HP Ag Tractor 25,370.00 5 20 Computer Softboxes 14,000.00 5 20 Printers & Related Items 39,000.00 5 19 Printer Stands 3,100.00 5 TOTAL $162,043.00 GRAND TOTAL $278,967.00" Bruce Lockhart, 615 Mathews, questioned where .the printers were to be located and expressed concern at their expense. City Manager Arnold explained the printers would be located all over the City and would be tied to word processing units. He noted the printers would be a variety of types depending on need. He stated some of the printers would have graphic capabilities. Councilmember Clarke made a motion, seconded by Councilmember Elliott, to adopt Ordinance No. 53, 1984 on First Reading. Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Ohlson, and Stoner. Nays: None. ' THE MOTION CARRIED. City Manager's Report City Manager Arnold noted there would be a series of two open houses on April 26 to discuss the proposed 1/44 sales tax to be used for a selected list of capital projects. He added the Police Department will be imple- menting the "Ride Home program on April 25-29 during College Days. This program is a public safety program planned to reduce the number of drunk or drinking drivers on the road. Councilmembers' Reports Councilmember Knezovich reported on the PRPA deliberations with regard to the initial operation of the Rawhide Plant and the selection of the new PRPA General Manager. Councilmember Elliott made note of several upcoming meetings of the Poudre Fire Authority and the North and South Water and Sanitation Districts. Councilmember Ohlson commented on the behavior of PRPA General Manager Al Hamilton at the PRPA annual meeting and called on the Fort Collins repre- sentatives John Knezovich and Bill Carnahan to take action against Hamil- ton. He stated he would present his case at the next Board meeting if the Fort Collins representatives took no action to reprimand Hamilton. -397- April 17, 1984 Mayor Horak commented on the handling of the PRPA awards ceremony at the annual meeting and made note of the May 4th deadline to submit applications for vacant Boards and Commissions positions. Councilmember Clarke offered an explanation for Al Hamilton's behavior, noting he felt the awards were designated by the Board rather than Al Hamilton. Resolution Authorizing the City Manager to Enter into an Agreement with Landmark/ Mitchell Concerning Construction and Operation of a Downtown Hotel/Convention Center, Adopted Following is the staff's memorandum on this item: "This item was discussed at the Council Worksession on April 10, 1984. " Attached is a memo from Jim Harmon discussing the questions raised by Councilmembers at that meeting. The Board of Directors of the DDA approved the agreement with Landmark/ ' Mitchell at their regular meeting of April 5. Approval of this agreement between Landmark/Mitchell and the Downtown Development Authority moves the development of a downtown hotel/convention center into the predevelopment stage. This stage would involve finalizing the financing for the private portions of the project, would complete the market study update, secure appraisals on the various properties to be purchased, and determine the exact structure of the -financing vehicles to be used for the public por- tions of the project. Also, a land lease and concession agreement would be finalized and a management agreement with the hotel management firm.com- pleted. Approval of the agreement is evidence by the City and the DDA of their interest in and desire for a downtown hotel/convention center, and a commitment to negotiate in good faith to develop the financial packages necessary for the construction of the public improvements. Approval by the Council is necessary to continue with the development of this project. This Resolution does not commit the City to move forward with the financing or construction of a Downtown hotel/convention center; rather, it provides a working framework for the development of documents between the Downtown Development Authority, the Landmark/Mitchell partnership, and the City of Fort Collins." Councilmember Elliott made a motion, seconded by Councilmember Ohlson, to adopt Resolution 84-74. ' April 17, 1984 Barbara Schofield, DDA Chairperson, stated she felt the agreement committed the DDA to proceeding with the appraisals and moving ahead with the Land- mark/Mitchell/Raddison project. She noted the City was not obligated financially by the agreement. Councilmember Knezovich made a motion, seconded by Councilmember Elliott, to amend the Resolution by adding a fourth Whereas clause as follows: "WHEREAS, said consultant is in the process of updating said study to reflect the current conditions; and" Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Ohlson, and Stoner. Nays: None. THE MOTION CARRIED. Norman Munn, 1600 West Mountain Avenue, posed questions about the viability of three hotel/convention center projects. ' Bruce Lockhart, 615 Mathews, noted he was skeptical about the projected revenues the City would receive from the convention center. He doubted the City would make money from such a facility. Jack Kuhn, 3200 Lochwood Drive, expressed concerns about taxpayers' liabil- ity if the project went into default. Bob Obersi, 2131 Constitution, posed questions about the City's involvement in this project and about why the City would choose to support one large project rather than several small projects to spread the money further. Karen Mohler, 2406 Cheviot Drive, noted she felt the City could only support one hotel complex. The vote on Councilmember Elliott's motion to adopt Resolution 84-74 as amended by Councilmember Knezovich was as follows: Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Ohlson, and Stoner. Nays: None. THE MOTION CARRIED. Citizen Participation a. Proclamation Naming April 15-21 as Arbor Week, was accepted by Tim ' Buchanan, City forester; Russell Perce, Men's Garden Club; and Ray Mahafy, who made the "Tree City USA" presentation. -399- b. Proclamation Nam accepted by Judy C c. Proclamation Nam the Victims of the a om Synagogue. d. Proclamation Namin by Pete Simon of K 5 rn temporary bervices. April 17, 1984 was g April 29 through May 6 as Days of Remembrance of olocaust was accepted by Linda Ben -Zvi, of Har April 29 to May 5 as Public Radio Week was accepted If e. Proclamation Naming May 7 as National Nurses' Day was accepted by Sharon Salmen, Assistant Administrative Director of Nursing at Poudre Valley Hospital. f. Proclamation Naming April 27 as Nursing Home Residents' Day was ac- cepted by Phoebe McWilliams, President and founder of Concerned Rela- tives and Friends of Nursing Home Residents; Howard Wright of Golden West Nursing Home; and Don Haldeman of Four Seasons Nursing Home. g. Recognition of Parks and Recreation employee for his years of service to the City of Fort Collins. Parks and Recreation Director H.R. Phillips and Recreation Supervisor Dave Mosnic presented a plaque to Frank Faucett for his 24 years of service to the Parks and Recreation Department. Bruce Lockhart, 615 Mathews, noted his objection to the brochure relating to the proposed 1/40 sales tax to fund capital projects. He stated he objected to taxpayers' funds being used to distribute information that was not objective in nature. The following persons appeared to discuss Ordinance No. 23, 1984 relating to smoking in public places: 1. Richard Kutz, P.O. Box 1972, presented a written statement asking Council to evaluate the means by which it imposes governmental restraints on the behavior of citizens and the manner in which it decide' questions involving the interests of various groups. 2. Donald Brokhausen, 2400 Evergreen Drive, asked for a vote of the people on the ordinance and for additional citizen input on the issue. 3. Bill Benton, 2401 Evergreen Drive, spoke of the Resolution to be adopted by the Larimer County Board of Health that supports the Fort Collins Ordinance and encouraged other cities in Larimer County to adopt similar ordinances. -400- [ I I H April 17, 1984 4. Barbara Allison, 1212 Lynwood Drive, spoke of individual freedom and expressed concern about City money spent on a brochure to explain the issue. She noted she was circulating a petition to prevent the Ordinance from going into effect on May 3. 5. Kirk Beck, 1518 Glenhaven, opposed the Ordinance and asked Council to impose limitations only in places where persons must go, not where they have a choice of going. 6. Ron Meyer, 4912 Eindborough, GROAN representative, expressed opposition to the Ordinance and asked Council to either repeal the Ordinance or bring the issue to a vote. 7. John Byrnes, 901 Vanderbilt, supported the Ordinance and noted historically, individuals' rights have always been limited to the common good. 8. Mary Sue Rowan, 1305 Centennial Road, asked what would happen if the petition effort was successful. ' Mayor Horak replied that Council would have the opportunity to repeal the Ordinance and if that was not done, the Ordinance would be held in abeyance until an election was held. 9. Ray Kite, 501 North Shields, supported the Ordinance noting some rules and regulations were necessary. He pointed out the health hazards of smoking. Secretary's Note: Councilmember Rutstein arrived at this point (8:40 P.M.). The following persons spoke on the trolley issue: 1. Carol Podmore, 1205 West Mountain, Fort Collins Parkway Preserva- tion Society, presented a brief slide show outlining alternatives to the West Mountain route. She reviewed the compromise route suggested by City Manager John Arnold and noted it was not accept- able to the Trolley Society. She asked Council to declare the contract in default and resolve the issue. 2. Joe Tunner, 2 Wimbledon Court, representing the Fort Collins Trolley Society, reviewed the project and noted it began because some people who shared a sense of the importance of history in Fort Collins saw an opportunity to do something significant for ' Fort Collins. He stated that when the project is complete, the whole community, and especially those who live along its route, will be proud of it and will appreciate it. -401- April 17, 1984 3. Ray Kite, 501 North Shields, opposed the trolley project because of the damage that would be done to the median. 4. Roger Smith, 825 Strachan Drive, asked City Manager Arnold to explain the details of his compromise plan presented at the Wednesday night meeting. Mayor Horak noted Council had received written information on the meeting and had had the opportunity to view the videotape of the meeting. Resolution Accepting the Downtown Traffic and Circulation Study and Incorporating the Recommendations Contained Therein into the Master Street Plan. Tabled to Mav 15 Following is the staff's memorandum on this item: "The Master Street Plan was adopted by Council on March 17, 1981, as a transportation planning tool. The Master Street Plan defines the City's basic street system needs throughout the city and classifies them in ' relation to their transportation function. One of the important functions of this plan is to guide the development community in regard to the street needs adjacent to new development. The plan must be firm enough to make sure the functional street system needs of the city are maintained, yet flexible enough to address specific areas where it may pose an unnecessary burden on development. The Downtown Traffic and -Circulation Study has identified needed transpor- tation concepts for existing and future circulation needs in and around the downtown area. The recommended plan of the study is a phased transportation concept plan which will best provide for the transportation needs as this downtown area grows. Existing traffic conditions and future projections have been issued to determine needs, phasing, and cost of the recommended plan. Staff recommends the adoption of the resolution to incorporate the recom- mended plan as part of the Master Street Plan. Councilmember Knezovich asked the record to show he neither voted nor participated in the discussion of this item. City Manager Arnold noted a revised Resolution had been drafted to delay the study recommendations relating to Whedbee Street and the Mulberry/ I Magnolia couplet for six months. Those two areas would be excluded from the master Street Plan for six months. -402- April 17, 1984 Director of Transportation Services Bob Lee gave —a history of the study and introduced the consultant, Tom Raglund of Parsons -Brinkerhoff. Mr. Raglund presented their study and recommendations. He noted the purpose of the study was to identify a transportation plan that would accommodate the future traffic that's generated by expected development in the Fort Collins area, specifically the downtown area. He outlined the process gone through on the study and detailed the elements of the recommended plan. Councilmember Clarke made a motion, seconded by Councilmember Rutstein, to adopt Resolution 84-75, revised to exclude Whedbee Street and the Mulberry/ Magnolia couplet from the plan for six months. The following persons spoke on this issue: 1. Waldo Jones, President of the Board of Directors of the Core Area Neighborhood (CAN), supported the change to the Resolution but suggested the Resolution be tabled for six months until the neighborhood planner can determine the problems and needs of the neighborhood and come back with a better plan. ' 2. Barbara Schofield, DDA Chairperson, spoke about the DDA's percep- tion of the plan and noted she felt it considered the residential area. She noted the importance of keeping downtown residential areas residential in nature and encouraging residential projects in the downtown. -She stated the DDA had no problem with the revised Resolution but would not favor tabling the Resolution. 3. Fred Fuller, 708 Peterson, member of the CAN Board, suggested Council adopt a Resolution pertaining only to the Mason/Howes one-way couplet and not addressing any other segment of the plan. He asked that the Resolution be tabled for at least 30 days to allow further input by their neighborhood. 4. Linda Ballarin, 317 East Laurel, Steering Committee member, proposed the entire plan be tabled for six months to allow the committee to work with Downing and Leach and come up with a traffic plan. 5. Paul Biehl, Raintree Productions, stated he felt the proposal was very limited with very little original thinking in it. 6. Lou Stitzel, 521 East Laurel, noted she felt this was the first time actions of citizens and government had been combined in this sort of a project. She favored a two week delay or "comfort zone" ' to solidify support for a common goal. -403- April 17, 1984 7. Tom Welker, 808 Buckeye, encouraged adoption of the Resolution to give the DDA some guidelines. Councilmember Ohlson stated he felt nothing would be lost by tabling this item to allow the Core Area Neighborhood to review the plan. Councilmember Clarke made a motion, seconded by Councilmember Rutstein, to table Resolution 84-75 until May 15. Yeas: Councilmembers Clarke, Elliott, Horak, Ohlson, Rutstein, and Stoner. Nays: None. (Councilmember Knezovich withdrawn) THE MOTION CARRIED. Other Business Flood Protection Following is the staff's memorandum on this item: "Flood Protection ' There are about 8 sections of the river that we haven't dealt with and that need some work. If we did all of them with rip -rap as the protective treatment, we'd need another $150,000. I've looked at all of these areas in some depth and feel like, while staff is recommending that we protect those areas as a cost efficient approach (saving annually the cost of the investment, we figure), that still is pretty much a natural river and we'd like to help it stay natural. We'd rather not have a concrete lined channel. I hear that kind of statement from members of City Council also, I believ.e. So I need to bring to Council the fact that there are 8 areas that need some improvement, but that I'm recommending that we only do 2 of those areas - the worst ones - at a cost of $70,000. Those areas would tie areas that are already rip -rapped together, protect the Shields Street bridge and a new 24 inch sewer line, and protect the work we put in place last year at Legacy Park. .(The latter also provides a good deal of flood protection to the northeast part of the community, so has some life and private property protective benefits figured into the equation.) These two areas cost $7,500 and $62,500 respectively. That total of $70,000 is not immediately available out of the General Fund Budget, without changing the priorities in some substantial way, like not doing a capital improvement project that was scheduled for this year. So we looked at other kinds of monies. We considered adding a surcharge to the Storm Drainage Fee. But we rejected that. Besides not wanting to do it , from a political acceptability standpoint, it would take too long to be able to be responsive the way we need to be this spring. -404- April 17, 1984 The most likely opportunity is in using the Lottery Funds that Council has allocated to Open Space and Trails. Currently protecting existing open space and trails is a wise and consistent use of monies dedicated to open space and trails. But it does have a negative approach of taking money away from development of new open space and trails. I propose borrowing the money from that account for this use, with the proviso that the lottery account be reimbursed at the end of the year with any monies left available, and if not enough is available this year, reimburse the account from next year's budget. We will come back to Council with an appropriation ordinance in May to handle the paperwork, if this approach is acceptable. Accept Risk For the remaining six areas where work needs to be done, I will be sug- gesting that Council adopt the posture of accepting the risk from nature on those reaches. ' In short, I'm recommending to you what I consider to be a balanced ap- proach: balanced between accepting the risk of nature to maintain a natural environment (more so than what engineering judgment would suggest) and balanced in that we take action where we think the risks to life, private property, or public facilities is so great to make that risk unacceptable. So I'll ask Council to adopt both concepts at the Council meeting, use of the lottery monies and balancing risk with action." City Manager Arnold stated he needed direction on the issue of -flood protection of the trails on the Poudre River. He reviewed the eight areas that need improvement but recommended the two worst areas be done at a cost of $70,000. He proposed borrowing the money from the lottery funds now allocated to Open Space and Trails. Councilmember Clarke made a motion, seconded by Councilmember Rutstein, to authorize the City Manager to transfer $70,000 of Open Space funds that are available due to the Colorado lottery and use it to provide $7,500 and $62,500 for the two projects -- the money to be repaid either from excess revenue at the end of 1984 or as a repayment to be scheduled in the 1985 Budget. City Manager Arnold pointed out that Council supervises the Budget and that ' would ensure the funds would be repaid to the Open Space and Trails fund. He added an appropriation ordinance would be scheduled for May 1. -405- April 17, 1984 ' Councilmember Knezovich asked if monies had recently been appropriated for flood protection and stated he thought all flood protection items had already been provided for. He felt borrowing monies back and forth was not the way to conduct City government. He questioned the timing of this action. City Manager Arnold stated the bids on the six or seven areas discussed at an earlier work session had just been received. Those areas were down- stream from Lemay and it was noted at that time that staff work was just beginning on the upstream areas and those areas would come to Council at a later date. The vote on Councilmember Clarke's motion was as follows: Yeas: Council - members Clarke, Elliott, Horak, Ohlson, Rutstein, and Stoner. Nays: Councilmember Knezovich. THE MOTION CARRIED. City Manager Arnold suggested a tour be set up of these areas to allow Council to see the areas in question. Councilmember Ohlson made a motion, seconded by Councilmember Rutstein, to ' adjourn into Executive Session for the purpose of discussing legal matters. Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. Adjournment At the conclusion of the Executive Session, Councilmember Stoner made a motion, seconded by Councilmember Clarke, to adjourn the meeting to Tues- day, April 24 at 7:00 p.m. for the purpose of considering whether the contract between the City and the Fort Collins Municipal Railway Society is valid or in default. Yeas: Councilmembers Clarke, Elliott, Horak, Knezo- vich, Ohlson, Rutstein, and Stoner. Nays: None. The meeting adjourned at 1:15 a.m. Mayor nATTEST: City Clerk -406-