HomeMy WebLinkAboutMINUTES-02/03/1981-RegularFebruary 3, 1981
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, February 3, 1981, at 5:30 p.m. in the Council Chambers in the City
of Fort Collins City Hall. Roll call was answered by the following Coun-
cilmembers: Bowling, Gray, Kross, Reeves, Wilkinson, and Wilmarth.
Absent: Councilman St. Croix.
Staff Members Present: Arnold, Liley, Lanspery, Krajicek, Lewis, and
Mabry.
Prior to the beginning of the meeting, representatives of PRPA gave a slide
presentation to update Council on the progress at the Rawhide Plant.
1 Agenda Review: City Manager
City Manager John Arnold asked that Item #18, Hearing and First Reading of
Ordinance No. 21, 1981, Amending Article IX of t e o e o t e City o Fort
ollins Relatingto Firemen's and Policemen's Pension Funds, and Item rc 9,
eso ution Increasing the ity s ontribution to the Retirement Plan of the
itv o ort o ins, e wit raven ram t e agen a.
Councilman Wilmarth asked that Item #25, Resolution Authorizing the Mayor
to Enter into an Intergovernmental Aarwit arimer ounty for t e
rovision of Government Facilities, be withdrawn.
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.
6. Consider approving the Minutes of the Regular Meeting of January 20,
' 98 .
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February 3, 1981
7. Second Read in of Ordinances Relatingto the Establishment of a
Landmarkreservation ommittee.
A. Second Reading of Ordinance No. 6, 1981, Establishing a Landmark
Preservation Commission.
B. Second Reading of Ordinance No. 7, 1981, Amending the Code
Relating to the Duties of the Cultural Resources Board.
These Ordinances were adopted unanimously on First Reading on January
20th.
8. Second Readin of Ordinance No. 10, 1981, Pertaining to Contracts
ro essiona ervices.
This Ordinance was unanimously adopted on First Reading on January
20th and incorporates the selection procedure for professional firms
as a part of the City Code.
9. Second Readingof Ordinance No. 11, 1981, Rezonin a Replat of Ever- '
green Park Second Filing, Lots 46- 9, Block 4.
This Ordinance was unanimously adopted on First Reading on January
20th and is a request to rezone Lots 46-49, Block 4, Replat of Ever-
green Park, Second Filing, from RLP, Low Density Planned Residential,
to RLM, Low Density Multiple Family, located on Conifer Street, east
of Redwood, consisting of 1.41 acres.
10. Second Readin of Ordinance No. 12, 1981, Relating to Revisions to BL,
IL, IP and C Zones to Al ow Day Care Centers in these Zones.
This Ordinance was unanimously adopted on First Reading on January
20th and is a staff -initiated change to the Zoning Ordinance to add
child care centers as a use by right in the B-L, C, I-L, and I-P
zoning districts.
11. Second Readin of Ordinance No. 14, 1981, Submittin the Question of
the sta is ment o a Downtown Develop ut ority to a ote o t e
Qualified Electors of the District.
This Ordinance was unanimously adopted on First Reading on January
20th and establishes March 17, 1981 as the date of the Downtown
Development Authority election. I
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February 3, 1981
12. Hearin and First Readin of Ordinance No. 15, 1981, Appropriatin
Prior Year Reserves in t e even Year apital Fund.
During 1980, it was estimated that $29,200 would be needed in City
matching funds once the Section 18 grant was received. These funds
were available in the Seven Year Capital Fund and were set aside for
this purpose. Because the Section 18 grant was not received until
1981, these funds were not spent in 1980 and are now available in
the Seven Year Capital Fund balance. The actual amount needed at this
time for City matching funds is $28,823.
This Ordinance appropriates the $28,823 in the Seven Year Capital Fund
for transfer to the Transfort Fund.
13. Hearing and First Reading of Ordinance No. 16, 1981, Appropriatin
n0 anticipated Ttevenues in t e iranstort un .
This Ordinance appropriates $72,443 in grant monies and $28,823 in
City matching funds for a total appropriation of $101,266 in the
Transfort Fund.
14. Hearing and First Readin of Ordinance No. 17, 1981, Appropriatin
Unanticipated Revenues in the Community Development Block Grant
Fund.
This Ordinance appropriates the $59,685 in the Community Development
Block Grant Fund for the purpose of providing additional housing
rehabilitation loans.
15. Hearing and First Reading of Ordinance No. 18, 1981 Authorizinc
Ap p p cation to tre ort ,in
Colorado Water Conservancy Districtor a
Permanent Allotment Contract for 598 Acre Feet of Water.
This Ordinance authorizes the City to apply for a permanent allot-
ment contract for 598 units of NCWCD water which the City currently owns
under temporary use permits.
16. Nearing and First Reading of Ordinance No. 19, 1981, Being an,
m in9the 1�T9�d-ition of the Uniform Bui7ing oC�dde as —it
Relates to the Builainq Board of Apoea s.
This Ordinance contains amendments to the 1979 Edition of the Uniform
' Building Code insofar as it relates to a Building Board of Appeals.
It is the intent of this ordinance to adopt comprehensive provisions
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February 3, 1981
to govern the Building Board of Appeals while at the same time making
such comprehensive provisions consistent with the 1979 Edition of the
Uniform Building Code.
11. Hearin and First Ree in of Ordinance No. 20, 1981, To Exclude
P atte ever Power uthority From the EeVMents of Art. I, ChapteF
48. of the Code Reauirina the GrantinQ of a rant ise.
The purpose of this Ordinance is to clarify the City's intention that
Platte River Power Authority be included in the definition of "City
Electric Utility" and not be required to obtain a franchise for the
operation and maintenance of transmission lines necessary for the
supplying of electricity to Fort Collins and the other member cities.
Platte River Power Authority would, of course, be subject to all rules
and regulations of the City pertaining to the operation, construction
and maintenance of such transmission lines.
18. Hearing and First Reading of Ordinance No. 21, 1981, Amending Article
7X ofi —£he Cif Fort Collins-7elating to firemen s an
Policemen's Pension Funds.
This Ordinance increases the employees' contribution from 7-112% to 8%
and the City contribution rate for Police and Fire pension plans to
18.15% and 22.11%, respectively. This is consistent with the current
State pension plan and Poudre Valley Fire District rates.
19. Resolution Increasing the City's Contribution to the Retirement Plan
An actuarial study completed by Tom McComb in May, 1980, recommended
that the normal contribution rate for the Municipal employees pension
plan be increased from 9.68% to 11.59% for 1981. Based upon this
analysis, the 1981 budget was developed with the new rate increases.
This resolution implements Mr. McComb's recommendation for 1981.
20. Resolution Adopting the Finance Department Report on Costs in Street
morovF ement istric 3 and rb derino that be Given —to Prooertv
This Resolution- adopts the Finance Department's report on costs for
Street Improvement District #73 (formerly Mason Street now designated
as McClelland) to be assessed against the property.
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February 3, 1981
21. Resolution Makinq an Appointment to the Senior Citizens Board.
A vacancy is open on the Senior Citizens Board because of the resig-
nation of Darryl Farrington. At the January 20th meeting, Council
informally appointed alternate Lucy Tackle as a regular member of the
Board. This Resolution makes that appointment official.
22. Resolution Appointing a Representative to the Larimer County Community
Action Board.
This Resolution appoints Gail Woods, the City's Volunteer Coordinator,
to the Larimer County Community Action Board.
23. Two Resolutions Authorizing the Sale of Certain Lands and the Granting
o Certain Easements to atte iver ower Minority an ut orizin9
the Usaae. by PRPA. of a Portion o the Capacity of the Soldier Canyon
The first Resolution authorizes the sale of a tract of land and 2
easements near the Soldier Canyon Outlet of Horsetooth Reservoir.
The second Resolution would entitle PRPA to use up to 3 c.f.s. of the
capacity of the Soldier Canyon Outlet upon payment to the City of
$35,000 and a yearly operation and maintenance fee of $1,500.
24. Routine Deeds and Easements.
A. Power line easement from Ben and John Connolly located at 156
North College Avenue needed for the Old Town Redevelopment Pro-
ject. Consideration: $1.00.
B. Agreements representing negotiated settlements on the three
remaining parcels obtained by.immediate possession awards for the
West Mulberry Street Improvement District No. 74 Project:
1. Lillian Hamilton (Parcel 15.01)
Fee Simple Consideration $950.00
Slope Easement Consideration 60.00
Temporary Construction and Permanent
Easement Consideration 10.00
Settlement 880.00
Total $1,900.00
m
2. Opal Wilson (Parcel 15.02)
Fee Simple Consideration
Slope Easement Consideration
Settlement
Total
3. Lillian Hamilton (Parcel 15.03)
Fee Simple Consideration
Slope Easement Consideration
Settlement
Total
February 3, 1981
$600.00
50.00
250.00
$900.00
$450.00
60.00
390.00
$900.00
C. Easement agreements with Poudre Pre -Mix, Inc., described as
follows:
1. Water line easement from Poudre Pre -Mix to service STP #2.
Consideration: $1.00.
2. Access easement from Poudre Pre -Mix adjacent to STP #2 to
formalize commitments made at the time the land was purchased
for the treatment plant in 1974 and 1976. Consideration:
$1.00.
3. Access easement from the City to Poudre Pre -Mix in connection
with the above access easement. Consideration: $1.00.
25. Resolution Authorizing the Mayor to Enter into an Intergovernmental
Agreement wisfi�imerounty for the Provision o overnment aciT-
ities.
The City Council has previously discussed entering into an agreement
with the County to provide intergovernmental facilities for the
benefit of both the City of Fort Collins and Larimer County.
This Resolution adopts such an agreement and authorizes the Mayor to
enter into said agreement.
Ordinances on Second Reading were read by title by City Clerk, Wanda
Krajicek.
Item #7. Second Reading of Ordinances Relating to the Establishment of a
an mar PreservationLoommittee.
Item #8. Second Reading of Ordinance No. 10, 1981, Pertaining to Contracts
for P— r sional-services.
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February 3, 1981
Item #9. Second Reading of Ordinance No. 11, 1981, Rezoning a Replat
of Evergreen Park, Second Filing, Lots 46-49, Block 4.
Item #10. Second ,
Reading of Ordinance No. 12, 1981, Relating to
RRevyi;i2onss
to an ones o ow ay areUenters in these
Item #11. Second Realinj of� Ordinance No. 14, 1981, Submitting the Questi
o t e sta ts6lThme o a owntown eve opment uthortty to
Vote of the Oualified Electors of the District.
Ordinances on First Reading were read by title by City Clerk, Wanda Kra-
jicek.
Item #12. Hearing and First Reading of Ordinance No. 15, 1981, Appropriat-
ing Prior Year Reserves inn teve�ar Capital Fund,
Item #13. Hearing and First Reading of Ordinance No. 16, 1981, Appropriat-
ing 5 tictpated evenues in the Iranstort Fund.
Item #14. Hearing and First Reading of Or
No. 17, 1981, Appropriat-
ina Onanttctoate Revenues in the ommuntty Deve ooment B oc�c
Item #15. Heaving and First Reading of Ordinance No. 18, 1981, Authorizing
pp tcatton to t e Nort ern Colorado Water Conservancy tstrict
for a Permanent Allotment Contract for 598 Acre Feet of Water.
Item #16. Hearin and First Readin of Ordinance No. 19, 1981, Being an
Ordtnance Amendtnq the 979 Edition o the Uniform Building Code
es to the butltltnq boaro oT Appeals.
Item #17. Hearing and First Reading of Ordinance No. 20, 1981, To Exclude
atte iver ower ut ortty rom the Requirements of Art. I,
Chapter 48, of the Code Requiring the brantinq ot a Franchise,
Councilman Wilkinson made a motion, seconded by Councilwoman Reeves, to
approve all items not removed from the Consent Calendar. Yeas: Council -
members Bowling, Gray, Kross, Reeves, Wilkinson, and Wilmarth. Nays:
None.
THE MOTION CARRIED.
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February 3, 1981
Ordinance Adopted, As Amended, on First Reading
Relating to Firemen's and Policemen's Pension Funds
Following is the City Manager's memorandum on this item:
"An actuarial study completed by Tom McComb in May, 1980, recommended that
the normal City contribution rate for Police and Fire pension plans be
increased to 18.15% and 22.11% respectively.
In addition, it was recommended by the Police and Fire Pension Boards to
increase the employees contribution from 7-112% to 8%. This is consistent
with the current State pension plan and Poudre Valley Fire District rates."
City Attorney Liley distributed copies of this Ordinance and the related
Resolution noting that they had been amended to include retroactive provi-
sions. On the Ordinance and the Resolution the employer's contribution
needs to be made retroactive to January 5, 1981. In addition, payments for '
new hires (fire and police hired after April 8, 1978) should be excluded
from the contribution levels. She further noted that the contribution
levels set in the Ordinance and Resolution fund current operations costs
and do not fund the accrued unfunded liability of the pension plans.
Councilman Wilkinson made a motion, seconded by Councilman Bowling, to
adopt Ordinance No. 21, 1981, as amended, on First Reading. Yeas: Coun-
cilmembers Bowling, Gray, Kross, Reeves, Wilkinson, and Wilmarth. Nays:
None.
THE MOTION CARRIED.
Resolution Adopted, As Amended, Increasing
City's Contribution to Retirement Plan
Councilman Wilkinson made a motion, seconded by Councilman Bowling, to
adopt the Resolution, as amended. Yeas: Councilmembers Bowling, Gray,
Kross, Reeves, Wilkinson, and Wilmarth. Nays: None.
THE MOTION CARRIED.
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February 3, 1981
Resolution Adopted Relating to
Intergovernmental Agreement
Following is the City Manager's memorandum on this item:
"The City Council has previously discussed entering into an agreement with
the County to provide intergovernmental facilities for the benefit of both
the City of Fort Collins and Larimer County.
Attached please find a resolution adopting such an agreement and authoriz-
ing the Mayor to enter into said agreement."
Councilman Wilmarth expressed concern about Section 2 of the agreement. He
felt the paragraph was making a commitment that he was not sure Council
consensus was to adopt this course of action. He expressed concern that
this committed the City without knowing the costs involved.
City Attorney Liley recommended that the paragraph be amended if Council
was not prepared to have the City committed to proceed to purchase the
property now.
Councilman Wilmarth made a motion, seconded by Councilman Wilkinson, to
amend Section 2 of the agreement by deleting the words "agrees to imme-
diately proceed" and replacing them with "may begin to proceed". Yeas:
Councilmembers Bowling, Gray, Kross, Reeves, Wilkinson, and Wilmarth.
Nays: None.
THE MOTION CARRIED.
Ordinances Adopted Relating to the
Regulation of Group Homes `
Following is the City Manager's memorandum on this item:
"A. Hearing and First Reading of Ordinance No. 13, 1981 Amending the Zoning
Ordinance Relating to Group Homes.
B. Hearing and First Reading of Ordinance No. 22, 1981 Amending Chapter
2 of the City Code Relating to Planning and Zoning Board Authority on
the Special Review of Group Homes
At the January 20, 1981 Council meeting, a majority of the Council indi-
cated support of "Alternate B" of proposed Ordinance 13, 1981, regulating
group homes.
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February 3, 1981 1
The item was tabled, however, to allow revision of the legal language so
that decision -making authority for the special review of group homes could
be delegated to the Planning and Zoning Board (with appeal to the City
Council).
Specifically, these revisions entail: (a) changes in the proposed wording
of the "group home ordinance" (13-81); and (b) an amendment of Chapter 2 of
the City Code which delegates authority on specified planning items to the
Planning and Zoning Board."
Councilwoman Reeves made a motion, seconded by Councilman Kross to adopt
Ordinance No. 13, 1981, on First Reading. Yeas: Councilmembers Bowling,
Gray, Kross, Reeves, and Wilmarth. Nays: Councilman Wilkinson.
THE MOTION CARRIED.
Councilman Bowling made a motion, seconded by Councilman Kross to adopt
Ordinance No. 22, 1981, on First Reading. Yeas: Councilmembers Bowling,
Gray, Kross, Reeves, and Wilmarth. Nays: Councilman Wilkinson.
THE hlOTION CARRIED. 1 Report from DMJi1
City Manager John Arnold gave a brief recap on the development planned for
the downtown area by the Burlington Northern Land Development Company. He
then introduced representatives of DMJM, who presented the first phase of
their report, the program about the hotel/convention center complex. They
presented models of the area and noted that they expected the financing
feasibility and alternatives phase to be ready in the very near future.
They added that the project would probably end up being an integrated
public/private project. The next meeting is expected to be in approxi-
mately 2 months.
Citizen Participation
A proclamation naming February B-14 as Distributive Education Clubs of
America Week was presented to members of the Poudre R-1 DECA staff.
Mayor Gray presented a Certificate of Appreciation to Linda Mahan for her
contribution to S.A.V.E. program.
Dorothy Waum, State Director of Action for Colorado and Wyoming presented
Mayor Gray with a presidential award for energy efficiency. She noted that
Fort Collins was selected to receive this award in connection with project '
S.A.V.E.
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February 3, 1981
Tony Giacopelli, 3701 Post Road, LaPorte, appeared and informed Council of
his desire to hold a Mayor's Charity Ball to reproduce the big band era.
He noted that the committee he had formed would be holding a meeting to
begin to put the affair together. A more detailed report will come to
Council after the committee has met.
Request for Approval of Blue Angels
Air Show at Fort Collins/Loveland Airport
Following is the City Manager's memorandum on this item:
"The Loveland Sertoma Club has scheduled the Navy's Blue Angels for an air
show on June 20 and 21 at the Fort Collins/Loveland Airport. The net
profits of this show will go to charity.
The Blue Angels previously performed at our airport in 1976 and 1978,
' Although the field will be closed to other aircraft traffic during the
performance, in the past, the Navy purchased 12,500 gallons of gas in 1976
and an estimated 14,100 gallons in 1978. This resulted in a total $8,000
profit for the FBO(s) and $1,508 to the airport.
In addition to the Blue Angels, the Army Parachute Team, the Golden
Knights, will also perform. The air show is tentatively titled "Rocky
Mountain Air Festival".
Council is requested to approve the air show for the Fort Collins Loveland
Airport on June 20 and 21."
Councilman Bowling stated that the ad hoc committee had recommended ap-
proval of the air show.
George Lee, past president of the Loveland Sertoma Club appeared in support
of the air show.
Councilman Wilkinson disagreed stating that he felt air shows, parachu-
tists, etc., are detrimental to establishing a business airport.
Councilman Bowling made a motion, seconded by Councilwoman Reeves, to
approve this request. Yeas: Councilmembers Bowling, Gray, Kross, Reeves,
and Wilmarth. Nays: Councilman Wilkinson.
I
THE MOTION CARRIED.
EA
February 3, 1981
City Attorney's Report
City Attorney Liley noted that she had a number of memos distributed that
were litigation updates.
City Manager's Report
City Manager John Arnold suggested that the Loveland and Fort Collins
Councils meet jointly on February loth at 4:30 p.m. or 5:00 p.m, to have a
briefing on the airport issues.
He announced that Bill Waldo would be Acting City Manager during the staff
retreat.
Councilmembers' Reports
Councilman Kross reported on the Poudre Fire Authority meeting. I
Ordinance Adopted on First Reading
Calling for a General City
Election to be held April 7, 1981
Following is the City Manager's memorandum on this item:
"Attached please find the ordinance calling for a general city election to
be held April 7, 1981. We have included in this ordinance all charter
amendments as they will appear on the ballot.
However, we anticipate the possibility of citizen initiatives; the dead-
line for submitting such initiatives is February 6. We will come before .
Council at the second meeting in February with these initiatives in their
appropriate format. Also, at the meeting of February 17, 1981, we shall
have prepared the Council initiative relating to the General Obligation
Bond issue for park development."
City Attorney Liley explained the changes that have been made to the
amendments.
#5: language was added to address Councilman Wilmarth's concerns that
Council not be limited in their ability to terminate a grant or I
project.
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February 3, 1981
#10: this amendment was added to increase the size of the Library
Board from 5 to 7.
She asked for a decision on Amendment #1 regarding the runoff election.
Council consensus was to move the election date to March, seat the Council
in March if there was no runoff but seat them in April if there was a
runoff and to forego combining the City and School Board elections.
City Attorney Liley made the.following amendments to the Ordinance:
page 2: Article XVI, Section 2, change the date of the General City
Election from April to March.
page 2: Subparagraph c, Section 2.2, change 60 days to 30 days.
page 3: Article II, Section 1, Subsection d, delete last sentence and
add "the term of members of Council shall begin at 10:00 a.m.
on the first Tuesday after the second Monday in March of the
year in which such Councilmembers have been elected provided
that in the event a runoff election is required pursuant to
Article XVI, Section 2.2 of this Charter, the term of members
of Council shall begin at 10:00 a.m. on the first Tuesday
' after the second Monday in April."
The ballot language would be amended as follows:
page 4: add, "changing the date of the election from the first Tuesday
after the first Monday in March providing that terns of the
Council commence on the first Tuesday after the second Monday
in March except where a runoff election is required."
Councilman Wilkinson made a motion, seconded by Councilman Bowling, to
amend the Ordinance as stated above. Yeas: Councilmembers Bowling, Gray,
Reeves, Wilkinson, and Wilmarth. Nays: Councilman Kross.
THE MOTION CARRIED.
Councilman Kross made a motion to delete Charter Amendment #1 from the
Ordinance.
The motion.died for lack of a second.
Councilman Wilkinson made a motion, seconded by Councilman Bowling, to
adopt Ordinance No. 23, 1981, as amended, on First Reading. Yeas: Coun-
cilmembers Bowling, Gray, Kross, Reeves, Wilkinson, and Wilmarth. Nays:
None.
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THE MOTION CARRIED.
February 3, 1981
Resolution Approved Appointing Members
to the Landmark Preservation Commission
Following is the City Manager's memorandum on this item:
"The Ordinance establishing the Landmark Preservation Commission appeared on
the Consent Calendar of this meeting.
Council should hear the recommendations of the committee and then adopt the
Resolution appointing the five members selected to serve on the Commission."
Councilman Kross recommended the following persons:
Term Expires
Ronald Carsten July 1, 1983
Richard Beardmore July 1, 1984
Janet Zemeckis July 1, 1984
Susan McMillen July 1, 1985
Wayne Sundberg July 1, 1985
In addition, he suggested Philip Friedman be appointed as an alternate to
the Commission.
Councilman Bowling made a motion, seconded by Councilman Wilmarth, to
approve this Resolution inserting the above names. Yeas: Councilmembers
Bowling, Gray, Kross, Reeves, Wilkinson, and Wilmarth. Nays: None.
THE MOTION CARRIED.
Resolution Approved Creating Quality of
Life Committee and Appointing Members to Serve
Following is the City Manager's memorandum on this item:
"The interview committee will present their recommendations to Council at
Tuesday's meeting.
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1 February 3, 1981
Council should then adopt the Resolution inserting the names of those
selected to serve on the Quality of Life Committee."
Councilman Kross recommended the following persons:
1
Richard Siever
Margaret Mitchell
James Banning
Betty Cummings
E.J.F. Early
Curtis Cole
Robert Martino
Councilman Wilkinson made a motion, seconded by Councilman Bowling, to
approve this Resolution. Yeas: Councilmembers Bowling, Gray, Kross,
Reeves, Wilkinson, and Wilmarth. Nays: None.
THE MOTION CARRIED.
Other Business
1
Mayor Gray
Transfort Discussion
recapped the work session discussion by saying that staff was
asking for
authorization to apply
for the grant. If authorization to
proceed is
given, staff will come
back with facts and figures to enable
Council to
give definite direction
on whether there is a commitment or
not.
Councilwoman Reeves made a motion, seconded by Councilman Kross, to autho-
rize staff to pursue the option of obtaining federal grants for 10 buses
and a bus garage service center complex with additional information coming
back to Council. Yeas: Councilmembers Kross, Reeves, and Gray. Nays:
Councilmembers Bowling, Wilkinson, and Wilmarth.
No action was taken.
Adjournme
The meeting adjourned at 9:45 p.m.
iCity Clerk
In