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HomeMy WebLinkAboutMINUTES-03/01/1988-Regular1 0 March 1, 1988 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, March 1, 1988, 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: Horak, Kirkpatrick, Mabry, Maxey, Stoner, and Winokur. Absent: Mayor Estrada Staff Members Present: Burkett, Huisjen, Krajicek Citizen Participation A. Proclamation Naming March as Women's History Month was accepted by Janet Abbey, member of the Fort Collins Commission on the Status of Women. B. Proclamation Naming March as Youth Art Month was accepted by Melanie Burnell, student at Stove Prairie, Rick Takahashi, special education art teacher at Rocky Mountain High School, and Ann Ryan, Lincoln Junior High School. C. Le rr Ul IdIIIdLIurl IYaIII I IILI PIdI Grl 0-1e. d5 mmeri can HSsocl aLlon or unlyersItV Women Week was accepted by Vicki Whipple -Mueller, American Association of University Women. Proclamation Naming March 6-12 as Girl Scout Week was forwarded to the appropriate persons. E. Proclamation Naming March 1-8 as Designated Driver Week was accepted by Richard Jenkins, CSU student. Betty Evig, President of the American Association of Retired Persons Chapter 759, read a resolution supporting the construction of a new Senior Center. Bruce Lockhart, 2500 East Harmony Road, commented on the results of the citizen survey presented at the February 23 Council work session. Agenda Review: City Manager City Manager Burkett stated Item #13, Hearing and First Reading of Ordinance No. 31, 1988, Amending Section 28-17 of the Code of the City of -1- March 1, 1988 Fort Collins Relating to the Model Traffic Code for Colorado Municipalities, 1977 Edition, was being withdrawn by staff for further review. 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 #20, Pulled Consent Items. 5. Q 7. Section 22-137 of the Code requires the Financial Officer to transfer money from the General Fund to the bond fund of any special improvement district where a deferred assessment has been granted by the City Council to a property owner located in that district. Although several deferred assessments have been granted in the past, the transfers in conformance with the Code have never been made. This Ordinance, which was unanimously adopted on First Reading on February 16, would make the required transfers as follows: Special Improvement District #1 $ 1,802 Special Improvement District #67 567 Special Improvement District #71 10,717 Special Improvement District #74 12,790 Surplus and Deficiency Fund 301 $26,177 The Police Department has been awarded a grant from the Colorado Division of Highway Safety totalling $50,000. These monies are provided from fees assessed against convicted drunk drivers across the state. These funds will be used to support the already existing drunk driving enforcement program within the department. The grant will provide for the majority of the salary for the DUI officer assigned to the lead on drunk driving enforcement. Since the 1988 Budget included the Colorado Division of Highway Safety revenue in, the amount of $42,700, only $7,300 needs to be appropriated -2- u March 1, 1988 at this time for expenditure in the Police Department's Drunk Driving Enforcement Program. This Ordinance, adopted unanimously on First Reading on February 16, makes that appropriation. 8. Second Reading of Ordinance No. 24 1988 Aporopriating Prior Year Reserves in the Golf Fund for the Purchase of Capital Equipment This Ordinance, which was unanimously adopted on First Reading on February 16, appropriates $26,000 of prior year undesignated reserves in the Golf Fund for the outright cash purchase of a 1988 five -gang Toro mower for Collindale Golf Course, replacing a Ransome five -gang mower. When the 1988 Golf Fund budget was proposed and adopted by Council, it was staff's intent to lease/purchase this piece of capital equipment because of the relatively high price. However, after review of the Golf Fund 1987 projected ending year financial condition, staff is now recommending the outright cash purchase rather than lease/purchase of the mower. a 10. M The Joint City/County Block 31 account is used to fund the operations and maintenance of Block 31 property. This Ordinance, which was unanimously adopted on First Reading on February 16, appropriates $89,100 from the Joint City/County Block 31 Restrictive Reserve Account. These funds were not appropriated in the 1988 budget because the determination that they were needed was made after the budget cycle. City Council has met in Executive Session to perform the annual evaluation of City Manager Steve Burkett. This Ordinance, which was unanimously adopted on First Reading on February 16, will establish the 1988 salary for the City Manager at $72,100. In August of 1987, the Fort Collins Foundation contributed $3,500 to the Natural Resources Division for the purpose of providing improvements to the Gustav Swanson Nature Area Project. As of December 31, 1987, $3,304 remained, and such funds reverted to the General Fund. The Natural Resources Division is requesting the reallocation of those funds to the Gustav Swanson Nature Area Project for improvements to be made in the coming year. -3- March 1, 1988 12. 13. The funds will be used in conjunction with previously appropriated CDBG ($15,000) and Parks and Recreation ($13,000) funds for a 1988 improvement project. The project involves the construction of a parking area and paving a trail system constructed last year through volunteer efforts. The Nature Area is located on City property west of Linden Street along the Poudre River. In 1985, the City purchased eighty-seven mobile data terminals from Mobile Data International (MDI) through a contract with Planning Research Corporation for all police, fire, and ambulance vehicles. The one-year warranty expired in August 1987. Since that time, the terminals have been maintained under a month -to -month maintenance contract ($1,982/month) with MDI. With each new installation, MDI automatically installs spare controller equipment (worth approximately $20,000). MDI leaves the equipment in place during the one-year warranty period. After the warranty expires, MDI offers two plans for maintenance. The first plan, which staff is recommending, is a five-year contract. The customer benefit in the five-year contract is that MDI will leave the spare equipment in place and turn over ownership at the end of the contract. The second plan is a year-to-year contract at the same price as the five-year plan; however, MDI will reclaim the spare equipment unless the customer wishes to purchase it in addition to the maintenance contract. MDI has not authorized any other company or individual to maintain its terminals and, therefore, is the only company that has the equipment, parts, and training to maintain the system and terminals. This Ordinance amends Section 3-5 of the Model Traffic Code to require that drivers emerging from or entering an alley, driveway, etc., yield the right=of-way to bicyclists on the sidewalk area extending across the alley; driveway, etc., and amends Sections 22-20 and 22-21 to authorize the impoundment and immobilization of any vehicle, whether the vehicle is self-propelled or motorized. -4- 1 F7 March 1, 1988 1 14. 15. 16 Three changes are being proposed to different Code sections pertaining to repay agreements. The first section to be changed is in the chapter pertaining to special improvement districts. The existing repay provision in that chapter pertains only to storm sewer improvements. The revision expands the application of this section to all kinds of district improvements and specifies the method of collection and disbursement. The other revised sections deal with repayment agreements for street improvements which are constructed outside of special improvement districts. The changes clarify the point in time when repayment is to be made and specify that "soft costs" are to be repaid as well as "hard costs." A proposal has been submitted to Larimer County for the formation of a County special improvement district to construct certain water and sewer improvements both within and outside the corporate boundaries of the City. State statute requires that the City consent to the construction of any such improvements within the City limits before they may be authorized by the County. Adoption of the Ordinance does not obligate the City to participate in any of the costs of the improvements. Upon receiving City consent, Larimer County will begin the formal process for creation of the district to finance the construction of the improvements. Items Pertaining to Cemetery Rules and Regulations A. Resolution 88-32 Amending the Rules and Regulations for the Operation of Municipal Cemeteries. B. Second Reading of Ordinance No. 14, 1988, Amending Section 23-156 of the Code of the City of Fort Collins Relating to Enforcement of Cemetery Rules and Regulations. This Resolution amends the Rules and Regulations for the Operation of Municipal Cemeteries to require that the cemetery hours be posted at conspicuous locations on cemetery premises in addition to the cemetery offices. Ordinance No. 14, 1988 amends the Code to provide a mechanism for enforcing violations of the Rules and Regulations for the Operation of Municipal Cemeteries. This Ordinance was unanimously adopted on First Reading on February 2 and on Second Reading was tabled to this date. -5- March 1, 1988 17. IE� 19 The Resolution would authorize the City Manager to enter into an agreement with the USGS for continued river flow and water quality monitoring. The information generated is used for water resources planning, water quality protection programs and areawide water quality planning. A vacancy currently exists on the Parks and Open Space Subcommittee due to the resignation of Laurie Klith. The Council liaisons have reviewed the applications on file. In keeping with Counci1's policy, the recommendation for this appointment was announced at the February 16 meeting. The appointment was tabled to allow time for public input. The prospective appointee is: Joanne Waldo Routine Deeds and Easements. a. 2 Easements from Elizabeth and Cameron Thomas Herring needed for the Westside Water Transmission Main. Council approved 9 of the 18 easements for this project at the February 16 meeting. Consideration is based on M.A.I. appraisals. Consideration: $3,460 and $12,427. b. Easement from David M. Whitham & Co. and Mary E. Whitham & Co. needed for the Westside Water Transmission Main. Council approved 9 of the 18 easements for this project at the February 16 meeting. Consideration is based on M.A.I. appraisals. Consideration: $24,709. c. Easement from Ronald W. Bradford and Donna J. Bradford, 2417 Tamarac, needed to install underground streetlight services. Consideration: $1. d. Easement from George E. Vorce and Darlene L. Vorce, 1120 Ponderosa, needed to install underground streetlight services. Consideration: $1. e. Motion authorizing the Mayor to execute a quitclaim deed regarding an access reservation in Fox Meadows Subdivision and accepting a M 1 I r March 1, 1988 warranty deed from American Continental Corporation for a pedestrian/bike path in Fox Meadows Subdivision. Fox Meadows Subdivision, Block 10, Lots 17 and 18, were platted with a reservation that Wapiti Drive might have to extend to the south. Therefore, no building permits have ever been issued for these lots. Sunstone Village was then platted to the south and now there is no need to extend Wapiti Drive as Sunstone will rely on its own internal circulation system. The City has been requested by the owner, American Continental Corporation, to lift the reservation on Lots 17 and 18. Since the lots were reserved for access, the City will agree to lift the reservation in exchange for a ten foot wide dedication for a bicycle/pedestrian path. The first deed will grant to American Continental a quitclaim deed relinquishing any interest the City may have in the reservation for future access over and across Lots 17 and 18, Block 10, Fox Meadows Subdivision. The second deed will grant to the City a deed of easement and right-of-way being 10 feet in width and 88.57 feet in length along and adjacent to the lot line separating said Lots 17 and 18, Block 10, Fox Meadows Subdivision. Ordinances on Second Reading were read by title by Wanda Krajicek, City Clerk. Item #6. Item #7. Program. Item #8. Item #9. Item #10. Item #16. B. -7- March 1, 1988 Ordinances on first Reading were read by title by Wanda Krajicek, City Clerk. Item #11. Item #12. Item #13. Item #14. Item #15. Councilmember Mabry made a motion, seconded by Councilmember Maxey, to adopt and approve all items not removed from the Consent Calendar. Yeas: Councilmembers Horak, Kirkpatrick, Mabry, Maxey, Stoner, and Winokur. Nays: None. THE MOTION CARRIED. Councilmember Reports Councilmember Kirkpatrick welcomed the CSU technical journalism class which was attending the meeting. She commented on Item #17, Resolution 88-33 Authorizing the City Manager to enter into an Agreement with the United States Geological Survey for Participation in the USGS Cooperative Water Resources Investigation Program for the Cache La Poudre River, stated she thought it was a good example of a public/private partnership. Councilmember Horak reported on a incident involving a van pool parking problem which was resolved by Traffic Operations Engineer Ruth Clear. He expressed appreciation for the quality service Ruth Clear provided in working on the problem. Assistant Mayor Ed Stoner reported on the Town Meeting held at Rocky Mountain High School on February 25. 1 W11 March 1, 1988 Resolution 88-34 Amending Exhibit "A" of Resolution 87-101 Relating to the Creation of the OakRidge Special Improvement District No. 91, Adopted Following is staff's memorandum on this item: "This Resolution amends the Exhibit "A" of Resolution 87-101 relating to the creation of the OakRidge Special Improvement District No. 91. This Exhibit "A" describes the nature and location of improvements in the district. Because the Colorado State Highway Access Permit has not been granted at this time, a portion of Innovation Drive, from Harmony Road to Oakridge Drive, has been deleted from the project. Inadvertently, the entire description of Innovation Drive was deleted from the creation documents. This amendment will insert the correct description of Innovation Drive into the Exhibit "A". The Creation Ordinance for the OakRidge Special Improvement District No. 91 ("the District") was adopted by the Council on First Reading at the regular meeting of July 21, 1987 and was finally adopted on August 4, 1987. The District consists of approximately 169 acres of land located in the southeast portion of the City adjacent to and southeast of the intersection of Lemay Avenue and Harmony Road. Property within the District is a part of the 285-acre OakRidge Planned Unit Development and is zoned for mixed use development. The property owners anticipate that the land in the District will be used primarily for retail, office, light industry, light manufacturing, high technology and residential development." Councilmember Mabry withdrew from the discussion and vote on this item due to a perceived conflict of interest. Councilmember Kirkpatrick made a motion, seconded by Councilmember Maxey, to adopt Resolution 88-34. Yeas: Councilmembers Horak, Kirkpatrick, Maxey, Stoner, and Winokur. Nays: None. (Councilmember Mabry withdrawn) THE MOTION CARRIED. Resolution 88-35 Making an Appointment to the Planning and Zoning Board. Tabled to March 15 Following is staff's memorandum on this item: "A vacancy currently exists on the Planning resignation of Linda Lang. The Council applications on file and will announce the City Council meeting. M and Zoning Board due to the liaison has reviewed the recommendation at the March 1 March 1, 1988 In keeping with Council's policy, this recommendation will be tabled until March 15 to allow time for public input." Councilmember Winokur made a motion, seconded by Councilmember Maxey, to adopt Resolution 88-35 inserting the name of Jim Klataske (the current alternate). Councilmember Horak questioned the need to fill the vacant position at this time because of the closeness of the annual appointment process. Councilmember Kirkpatrick stated that the Boards and Commissions Review Subcommittee will be making recommendations to Council which may delay the annual appointment process. Councilmember Mabry made a motion, seconded by Councilmember Winokur, to table Resolution 88-35 to March 15. Yeas: Councilmembers Horak, Kirkpatrick, Mabry, Maxey, Stoner, and Winokur. Nays: None. THE MOTION CARRIED. Resolution 88-36 Making Appointments to the Fort Collins Convention and Visitors' Bureau Board of Directors, Tabled to March 15 Following is staff's memorandum on this item: "Executive Summary On November 4, 1986, the City Council adopted a resolution authorizing the City Manager to enter into an agreement with the Fort Collins Convention and Visitors' Bureau. The Council is authorized to name six of the seventeen Board members. Two positions representing the Visual Arts and the City -at -Large are vacant due to resignations. Advertisements were placed seeking applicants for the Board of Directors. In keeping with Council's policy, this Resolution will be tabled until March 15 to allow for public input. Background The City Council authorized the City Manager to enter into a contract for services with the Bureau and has authorized the allocation of a portion of the Lodging Tax revenues to purchase those activities. Due to the public funds allocated to the Bureau, Council is authorized to make six appointments to the Board of Directors. The remaining eleven members are appointed by the Convention and Visitors' Bureau from its membership. Members selected for the Board of Directors, represent broad community interests as well as business interests related to the convention and -10- 1 ■ March 1, 1988 ' visitors' industry. Board members are selected to represent: advertising and public relations, performing arts, visual arts, recreational service, City of Fort Collins, Chamber of Commerce, Colorado State University (2), food and beverage industry (2), lodging industry (1 representative from the large hotels and 1 representing hotels with less than 50 rooms), media, retail and two from the community at large. Two vacancies, Visual Arts and City -at Large, exist on the Board due to resignations. Councilmembers Kirkpatrick and Maxey interviewed the applicants and will recommend appointments. Staff recommends adoption of the Resolution." Councilmember Kirkpatrick made a motion, seconded by Councilmember Mabry, to adopt Resolution 88-36 inserting the names of Sarah Bennett (representing the City -at -Large), and Roslyn Spencer (representing the Visual Arts). Councilmember Maxey made a motion, seconded by Councilmember Winokur, to table Resolution 88-36 to March 15. Yeas: Councilmembers Horak, Kirkpatrick, Mabry, Maxey, Stoner, and Winokur. Nays: None. THE MOTION CARRIED. Other Business Councilmember Horak requested a discussion of privatization at the Council retreat or a future work session. The consensus of Council was to discussion the issue at the Council retreat. Ad.iournment Councilmember Kirkpatrick made a motion, seconded by Councilmember Mabry, to adjourn the meeting to March 8 at 7:30 p.m. Yeas: Councilmembers Horak, Kirkpatrick, Mabry, Maxey, Stoner, and Winokur. Nays: None. The meeting adjourned at 6:50 p.m. Assistant Mayor -11-