HomeMy WebLinkAboutMINUTES-11/17/1998-RegularNovember 17,1998
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council -Manager Form of Government
Regular Meeting - 6:00 p.m.
A regular meeting of the Council of the City of Fort Collins was held on Tuesday, November 17,
1998, at 6:00 p.m. in the Council Chambers of the City of Fort Collins City Hall. Roll Call was
answered by the following Councilmembers: Azari, Bertschy, Byrne, Kneeland, Smith and Wanner.
Councilmembers Absent: Mason.
Staff Members Present: Fischbach, Krajicek, Roy.
Citizen Participation
Kelly Ohlson, 2040 Bennington Circle, spoke regarding development fee comparisons with other
communities.
Citizen Participation Follow-up
Councilmember Smith spoke regarding the advantages andpurposes ofdevelopment fee comparison
between communities in northern Colorado as a regional planning tool.
Agenda Review
City Manager Fischbach withdrew item #20 First Reading of Ordinance No. 167, 1998, Authorizing
a Rebate of Development Fees Associated with the Construction of a New Manufacturing Facility
for Hewlett-Packard from the Consent Calendar due to a Councilmember conflict of interest and
noted that item #33 Second Reading of Ordinance No. 208, 1998, Being the Annual Appropriation
Ordinance Relating to the Annual Appropriations for the Fiscal Year 1999 and Amending the
Budget for the Fiscal Year Beginning January 1, 1999, and Ending December 31, 1999, and Fixing
the Mill Levy for Fiscal Year 1999 includes a revised ordinance.
Councilmember Wanner requested that item #26 Resolution 98-156 Making Appointments to the
Citizen Review Board be withdrawn from the Consent Calendar.
ME
CONSENT CALENDAR
Consideration and Aunroval of the Council meeting minutes of August 4 and August 18,
1998.
8. Second Reading of Ordinance No. 195, 1998, Appropriating Unanticipated Revenue in the
General Fund for Police Services and Authorizing the Transfer of Appropriated Amounts
Between Accounts and Projects for the Larimer County Multi -Jurisdictional Drug Task
Force.
For the past eleven years, Fort Collins Police Services has applied to the Colorado Division
of Criminal Justice for federal drug grant monies to help fund the investigation of illegal
narcotics activities. Fort Collins has once again joined with other members of the Drug Task
Force, (Loveland Police Department, Larimer County Sheriff's Department and Colorado
State University Police Department) in one application for funding of the multi -jurisdictional
drug task force to be administered by the City of Fort Collins. As administrator of the 1998-
1999 grant, Police Services will assure funding to other participating agencies for their share
of the federal funds. The City has recently received notification of a grant award in the
amount of $202,101. The participating agencies will be providing matching funds in the
amount of $202,101. Fort Collins' portion of the match is $87,608. This match is met via
the budgeted salary and fringe benefits of an existing officer, Secretary III and 50% of the
budgeted Lieutenant position, all part of the Fort Collins Police Services personnel currently
assigned to the Drug Task Force.
This Ordinance, which was unanimously adopted on First Reading on November 3, 1998,
appropriates the $202,101 in new federal grant money received in connection with the
program.
9. Second Reading of Ordinance No. 196, 1998, Appropriating Prior Year Reserves in the
General Employees' Retirement Fund.
Ordinance No. 196, 1998 was unanimously adopted on First Reading on November 3, 1998
and authorizes a $1 million appropriation to accommodate terminated vested employees who
have elected to take single sum payments from the GER Plan, thus terminating their
membership in the GER Plan. The Ordinance also authorizes a $ 9 million appropriation for
the employees who have elected to convert their GER Plan benefits to the ICMA Money
Purchase Plan.
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November 17, 1998
10. Second Reading of Ordinance No. 197, 1998, Authorizing a Mail Ballot Election for the
April 6, 1999 Regular City Election.
Ordinance No. 197, 1998, which was unanimously adopted on First Reading on November
3, 1998, authorizes the conduct of the April 6,1999 regular municipal election bymail ballot,
adopts the Mail Ballot Election Act of the Uniform Election Code governing mail ballot
elections, authorizes the City Clerk to submit a mail ballot plan to the Secretary of State, and
establishes the polling place for in -person voting for the April election.
11. Second Reading of Ordinance No. 198, 1998, Amending Article IV of Chapter 2 of the City
Code Pertaining to the Administrative Organization of the City, by Consolidating the Offices
of Electric Utility Services and Water. Wastewater and Stormwater Utility Services.
Ordinance No. 198, 1998, which was unanimously adopted on First Reading on November
3, 1998, formally consolidates the City's utility service areas, as referenced in the City Code.
12. Second Reading of Ordinance No. 199, 1998, Amending Ordinance No. 46, 1981 as it
Relates to the Legal Description of the Fort Collins, Colorado Downtown Development
Authority.
This Ordinance, which was unanimously adopted on First Reading on November 3, 1998,
amends Ordinance No. 46, 1981 regarding the legal description of the Fort Collins
Downtown Development Authority.
13. Second Reading of Ordinance No. 200, 1998, Designating the Addie R. Debolt House, 630
Peterson Street, as a Historic Landmark Pursuant to Chapter 14 of the City Code.
The owners of the property, Randall and Retha Luttrell, are initiating this request for Local
Landmark designation for the Addie R. Debolt House. The building is significant for its
architectural importance, as an interesting example of modest Queen Anne architecture in
Fort Collins. Ordinance No. 200, 1998 was unanimously adopted on First Reading on
November 3, 1998.
14. Second Reading of Ordinance No. 201, 1998, Vacating Portions of the Rights-of-Way_for
Plum Street and Orchard Place Dedicated on the Ponderosa Park, Miller Layland
Subdivision, and Skyline Mobile Home Park Plats.
This Ordinance was unanimously adopted on First Reading on November 3, 1998 and
vacates the street rights -of -way for Plum Street and Orchard Place.
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November 17, 1998
15. Second Reading of Ordinance No. 202, 1998, Vacating Portions of the Ri t-of-Way for
Redgate Court as Dedicated on the Gates at Woodridge PUD, Fourth Filing.
Ordinance No. 202, 1998 was unanimously adopted on First Reading on November 3, 1998
and vacates the street right-of-way for Redgate Court.
16. Postponement of Second Reading of Ordinance No. 203, 1998, Adopting and Determining
the Effective Date of the District -Precinct Map for the 1999 Regular Municipal Election to
November 24, 1998.
Following adoption of this Ordinance on First Reading on November 3, staff discovered that
the proposed amendment to the District boundaries, which consisted ofmoving City Precinct
No. 41 from District No. 3 to District No. 2, would result in the division of County Precinct
No. 5915. Section 7-66 of the City Code requires that, insofar as practicable, boundaries of
election precincts in the city shall correspond with election precincts established by the
County. Although it may be possible to divide County Precinct No. 5915, the portion that
was proposed to be moved does not contain enough registered voters to achieve the
proportional division of registered voters between the districts as required by the City
Charter.
Adoption of the Consent Agenda will postpone Second Reading of the Ordinance to an
adjourned meeting on November 24, 1998, in order to allow for the publication of two
additional notices of the proposed revisions to the Ordinance.
Staff will then present the amended proposal on Second Reading following publication of
notice of the amended proposal on November 10 and November 13.
17. Second Readine of Ordinance No. 204, 1998, Amending Chapter 26 of the City Code
Relating to User Rates and Charges for Water and Wastewater Utilities.
Ordinance No. 204, 1998 was unanimously adopted on First Reading November 3, 1998,
increasing water rates by 6% and wastewater rates by 2% for all customer classes within City
limits. The rate changes are as originally projected in the 1998-1999 Biennial Budget and
are necessary to fund capital projects identified in the Water Treatment Facilities MasterPlan
and increases in water and wastewater operations and maintenance costs.
18. Second Reading of Ordinance No. 205,1998, Amending the City Code to Adjust the Capital
Improvement Expansion and Neighborhood Parkland Fees for Increases to Reflect Inflation
Based on the Denver -Boulder Consumer Price Index.
In May of 1996, Council adopted Ordinance No. 51, 1996, which established capital
improvement expansion fees for Library, Community Parkland, Police, Fire, and General
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November 17, 1998
Government services. The purpose of the fees is to have new development pay a
proportionate share of the capital improvements and equipment that will be necessary to
provide services to the development. The Code provisions approved by the Ordinance
provide for the annual adjustment of the fees to keep up with inflation, using the Denver -
Boulder (now Denver -Boulder -Greeley) Consumer Price Index.
Ordinance No. 205, 1998, was unanimously adopted on First Reading on November 3,1998,
and increases the fee schedules for the capital improvement expansion fees and
neighborhood parkland fee by the change in the 1998 Denver -Boulder -Greeley Consumer
Price Index.
19. First Reading of Ordinance No. 210, 1998, Appropriating Prior Year Reserves and
Unanticipated Revenue in the Transportation Services Fund for Transfer to the Capital
Projects Fund for the De-icing Materials Storage Project.
Ordinance No. 210, 1998, appropriates an amount, $626,755, equal to the money carried in
the Transportation Services Fund, debt service reserve account ($386,055), year-to-date
interest earnings on the debt reserve ($21,000), $120,870, representing the annual debt
service savings for the 1998 and 1999 from HUTF Revenue Bond refunding, and 1996
revenue retention funds ($93,830). The funds appropriated will be transferred to the Capital
Projects Fund and used for the deicing materials storage project.
20. First Reading of Ordinance No. 167, 1998, Authorizing a Rebate of Development Fees
Associated with the Construction of a New ManufacturingFacility acility for Hewlett-Packard.
The purpose of the fee rebate program is to promote the economic welfare of the city by
enhancing local employment opportunities and by strengthening the general economic base
of the city. For firms meeting the criteria contained in Article VII of Chapter 5 of the City
Code, the City can return a portion of fees paid on expansion of existing firms. Hewlett-
Packard has been working with City staff over the past twelve months to plan a major
manufacturing facility expansion at its Harmony Road location. The expansion includes a
wafer manufacturing plant with requisite "clean room" filtration equipment. The size of the
expansion is expected to be 315,000 square feet. The estimated cost of the expansion
including equipment is $350 million. Hewlett-Packard estimates that it will pay
approximately $2.4 million in impact fees. Under the City's Impact Fee Rebate Program,
Hewlett-Packard can request the rebate of certain impact fees. Staff recommends that a
$88,775.63 rebate be granted by Council. This is due to $88,775.63 of Building Permit and
Plan Check fees that were inadvertently included in the 1996 rebate of fees to Hewlett-
Packard. The Ordinance approves and authorizes the rebate. Actual payment of this rebate
to HP will not occur; rather the rebate amount will be retained by the City to correct the prior
error.
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November 17. 1998
21. First Reading of Ordinance No. 211, 1998, Amending Various Sections of the City Code
Relating to the Consolidation of the Office of Electric Utility Services and the Office of
Water Wastewater and Stormwater Utility Services.
Ordinance No. 198, 1998, which was adopted on Second Reading on November 17, 1998,
consolidated the Office of Electric Utility Services and the Office of Water, Wastewater and
Stormwater Utility Services into one service area, the Office of Utility Services.
In view of this reorganization it is necessary to also make a number of amendments to the
Code to change references to the "General Manager of the Electric Utility" and the "General
Manager of the Water, Wastewater and Stormwater Utility" to the "General Manager of
Utility Services" Also, references to the "Office of the Electric Utility" and "Office of the
Water, Wastewater and Stormwater Utility" should be changed to the "Office of Utility
Services." The necessary changes are detailed in this Ordinance.
22. Items Relating to a Grant Agreement from the Colorado Department of Transportation for
the Funding of Increased Enforcement and Education of Safety Belt and Child Car Seat Use
in Colorado.
Resolution 98-153 Authorizing the Mayor to Enter into an hitergovernmental
Agreement with the Colorado Department of Transportation Regarding a Grant to the
City of Fort Collins for Enforcement and Education of Seat Belt and Child Car Seat
Use in Colorado.
H. First Reading of Ordinance No. 212, 1998, Appropriating Unanticipated Revenue in
the General Fund for the Police Services Safety Belt Program.
Fort Collins Police Services has been awarded a grant from the Colorado Department of
Transportation in the amount of $6,000. This funding will pay for the promotion of seat belt
and child safety seat use in Colorado and the enforcement of laws concerning use of occupant
protection restraints.
The funding is for one year and begins in the fiscal year of October 1998, continuing through
September 1999.
23. First Reading of Ordinance No. 213, 1998, Amending Ordinance No. 161, 1998 to Include
a Revised Legal Description for the Vacation of the Rights -of -Way for Elk Road and Otter
Drive as Dedicated on the South Collins Tech Center, First Filine and the South Collins Tech
Center, Second Filine.
On October 6, 1998 Ordinance No. 161, 1998 was adopted. The intent of the Ordinance was
to vacate the rights -of -way for Elk Road and Otter Drive. The agenda item summary,
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ordinance and legal description incorrectly referenced the First and Second Filings of College
Tech Center when they should have referenced the First and Second Filings of Collins Tech
Center.
Because of the incorrect reference, title problems may occur. Therefore, Ordinance No. 213,
1998 is proposed to correctly vacate the rights -of -way.
24. Items Relating to the HH-36 Annexation and Zoning,.
A. Resolution 98-154 Setting Forth Findings of Fact and Determinations Regarding the
HH-36 Annexation.
B. First Reading of Ordinance No. 214, 1998, Annexing Property Known as the HH-36
Annexation.
C. First Reading of Ordinance No. 215,1998, Amending the Zoning District Map of the
City of Fort Collins and Classifying for Zoning Purposes the Property included in the
HH-36 Annexation and placing said property in the Residential Neighborhood Sign
District.
This is a voluntary request to annex and zone 60.527 acres (including County Road 9 and
County Road 36 right-of-way). The property is located the northwest corner of County Road
9 and County Road 36. The property is currently zoned FA-1 in Larimer County. The
requested zoning in the City is LMN - Low Density Mixed Use Neighborhood. The
requested zoning for this annexation is consistent with the City Structure Plan.
APPLICANT: James Construction Company, Inc.
c/o Cityscape Urban Design, Inc.
3555 Stanford Road, Suite 105
Fort Collins, CO 80525
OWNER: H. H. Investment Company, A Colorado General Partnership
c/o Thomas J. Morroni
P. O. Box 16383
Denver, CO 80216
25. Resolution 98-155 Authorizing, a Ground Lease Agreement of City -Owned Property on
Block 33 to Nig,htwalker Enterprises, Inc.
When the City purchased the eastern half of Block 32 from Trillium Corporation, the City
assumed the existing month -to -month leases for warehouse space. Nightwalker Enterprises
owned a small storage building on the block and also had a ground lease with Trillium that
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was assigned to the City. After the City purchase, staff extended the leases until a need was
identified for the building and/or ground. Due to the impending construction of the Parking
Garage Complex, the Justice Center and the Transportation Center on Block 22, all month -
to -month leases were terminated and buildings were demolished to make room for
construction staging and temporary parking.
At the time of termination, staff met with Lewis Trujillo of Nightwalker. Nightwalker had
not used the warehouse for few years, but did use the space to park its semi -trailers until the
trailers were used for deliveries to the Reservations. The Nightwalker organization has been
trying to find a permanent home for its store and warehouse. An agreement was negotiated
that would allow Nightwalker to utilize approximately 360 square feet of ground space not
in use by the City on Block 33 near the Car Barn to park its trailers until March 31, 1999.
The rent amount to be charged for the total lease term is $360.
26. Resolution 98-156 Making Appointments to the Citizen Review Board.
At its August 4, 1998 meeting, Council adopted on Second Reading Ordinance No. 76,
1998, creating the Citizen Review Board. The Board was created to serve the following
purposes: (1) upon request of the City Manager or Chief of Police, make recommendations
concerning interpretation of police policies and procedures; (2) review internal investigations
where a peace officer is alleged to have used force, discharged a firearm, committed a crime,
when a person sustained severe injury, death, or alleged their civil rights were violated by a
peace officer, or other investigations requested by the City Manager or Police Chief (use of
deadly force would be a mandatory review by the Board even if no complaint is filed); (3)
offer review for outside law enforcement agencies operating within the City; and (4) make
annual reports to the City Council and City Manager concerning activities and
recommendations.
Following creation of the Board, applications for membership were solicited. Interviews
were conducted by Councilmembers Wanner and Bertschy and City Manager Fischbach.
Items on Second Reading were read by title by City Clerk Wanda Krajicek.
8. Second Reading of Ordinance No 195, 1998, Appropriating Unanticipated Revenue in the
General Fund for Police Services and Authorizing the Transfer of Appropriated Amounts
Between Accounts and Projects for the Larimer County Multi -Jurisdictional Drug Task
Force.
9. Second Reading of Ordinance No. 196, 1998, Appropriating Prior Year Reserves in the
General Employees' Retirement Fund.
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November 17. 1998
10. Second Reading of Ordinance No. 197, 1998, Authorizing a Mail Ballot Election for the
April 6 1999 Regular City Election.
11. Second Reading of Ordinance No. 198, 1998, Amending Article IV of Chanter 2 of the Citv
Code Pertaining to the Administrative Organization ofthe City, by Consolidating the Offices
of Electric Utility Services and Water, Wastewater and Stormwater Utility Services.
12. Second Reading of Ordinance No 199, 1998, Amending Ordinance No. 46, 1981 as it
Relates to the Legal Description of the Fort Collins Colorado Downtown Development
Authority.
13. Second Reading of Ordinance No. 200, 1998, Designating the Addie R. Debolt House, 630
Peterson Street as a Historic Landmark Pursuant to Chapter 14 of the Cites
14. Second Reading of Ordinance No. 201, 1998, Vacating Portions of the Rights -of -Way for
Plum Street and Orchard Place Dedicated on the Ponderosa Park, Miller Lavland
Subdivision, and Skyline Mobile Home Park Plats.
15. Second Reading of Ordinance No. 202, 1998, Vacating Portions of the Right -of -Way for
Redgate Court as Dedicated on the Gates at Woodridge PUD, Fourth Filing.
17. Second Reading of Ordinance No. 204, 1998, Amending Chapter 26 of the City Code
Relating to User Rates and Charges for Water and Wastewater Utilities.
18. Second Reading of Ordinance No. 205,1998, Amendingthe e City Code to Adjust the Capital
IbUrovement Expansion and Neighborhood Parkland Fees for Increases to Reflect Inflation,
Based on the Denver -Boulder Consumer Price Index.
32. Items Relating to the 1999 Downtown Development Authority Budget.
A. Second Reading of Ordinance No. 206, 1998, Appropriating Operating Funds and
Approving the Budget of the Downtown Development Authority for the Fiscal Year
Beginning January 1, 1999, and Fixing the Mill Levy for the Downtown
Development Authority for 1999.
B. Second Reading of Ordinance No. 207, 1998, Appropriating Revenue in the
Downtown Development Authority Debt Service Fund for Payment of Debt Service
for the Year 1999.
33. Second Reading of Ordinance No. 208, 1998, Being the Annual Appropriation Ordinance
Relating to the Annual Appropriations for the Fiscal Year 1999 and Amending the Budget
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November 17. 1998
for the Fiscal Year Beginning January 1. 1999, and Ending December 31, 1999, and Fixing
the Mill Levy for Fiscal Year 1999.
Items on First Reading were read by title by City Clerk Wanda Krajicek.
19. First Reading of Ordinance No. 210, 1998, Appropriating Prior Year Reserves and
Unanticipated Revenue in the Transportation Services Fund for Transfer to the Capital
Projects Fund for the De-icing Materials Storage Project.
20. First Reading of Ordinance No. 167, 1998, Authorizing a Rebate of Development Fees
Associated with the Construction of a New ManufacturingFacility acility for Hewlett-Packard.
21. First Reading of Ordinance No. 211, 1998, Amending Various Sections of the City Code
Relating to the Consolidation of the Office of Electric Utility Services and the Office of
Water Wastewater and Stormwater Utility Services.
22. First Reading of Ordinance No. 212, 1998, Appropriating Unanticipated Revenue in the
General Fund for the Police Services Safety Belt Program.
23. First Reading of Ordinance No. 213, 1998, Amending Ordinance No. 161, 1998 to Include
a Revised Legal Description for the Vacation of the Rights -of -Way for Elk Road and Otter
Drive as Dedicated on the South Collins Tech Center, First Filing and the South Collins Tech
Center, Second Filing.
24. Items Relating to the HH-36 Annexation and Zoning.
A. First Reading of Ordinance No. 214, 1998, Annexing Property Known as the HH-36
Annexation.
B. First Reading of Ordinance No. 215, 1998, Amending the Zoning District Map of the
City of Fort Collins and Classifying for Zoning Purposes the Property included in the
HH-36 Annexation and placing said property in the Residential Neighborhood Sign
District.
31. First Reading of Ordinance No. 216, 1998, Authorizing the Issuance of $6,509,000 of
Private Activity Bonds for the Country Ranch Project and Authorizing the Execution of
Certain Related Documents and Instruments.
Councilmember Kneeland made a motion, seconded by Councilmember Wanner, to adopt and
approve all items not withdrawn from the Consent Calendar. The vote on the motion was as follows:
Yeas: Councilmembers Azari, Bertschy, Byrne, Kneeland, Smith and Wanner. Nays: None.
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November 17, 1998
Staff Reports
Tom Shoemaker, Natural Resources Director, gave an update concerning the natural areas
acquisition program.
Councilmember Reports
Councilmember Wanner reported on the Finance Committee's discussions regarding stormwater
development fees, private activity bonds for industry and affordable housing, an IRS compliance
audit on Value -Plastics, affordable housing investments, and the Art's Alive program.
Councilmember Kneeland reported on the Poudre School District Liaison Committee's discussions
concerning the school resource program, which is to be discussed further by the Health and Safety
Committee; feedback on Council's and the School District's desired outcomes for Building
Community Choices; and the shortage of school crossing guards.
Councilmember Smith reported on the Poudre School District Liaison Committee discussions
concerning review of district projects in the City's development process, possible modifications to
the intergovernmental agreement, and work with the district to collaboratively resolve issues. He
also spoke concerning the need for school crossing guard volunteers.
Councilmember Byrne reported on Poudre School District Liaison Committee discussions regarding
the proposal for joint development of a community center at Boltz Junior High School. He also
reported on ongoing discussions with staff and community leaders concerning transportation issues.
Councilmember Smith spoke concerning the Metropolitan Planning Organization's discussions
concerning the ISTEA funding that has been allocated for I-76 improvements and repairs, and work
toward disbursement of some of those funds to the various transportation planning regions.
Councilmember Kneeland spoke regarding the Growth Management Committee's discussions
concerning the Mountain Vista Subarea Plan, fee comparisons for Front Range communities,
stormwater development fees, state roads within Fort Collins, 1/6 contiguity parameters for new
development, and collaboration with CSU on the Environmental Learning Center.
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Resolution 98-157
Stating the Intent of the City of Fort Collins to Annex
Certain Property and Initiating Annexation Proceedings for
Such Property to Be Known as the Lemay Avenue 3rd Annexation, Adopted
The following is staffs memorandum on this item.
"Executive Summary
The property being considered for annexation is approximately 2.00 acres in size and is located on
the east side of North Lemay Avenue, between East Lincoln Avenue and East Vine Drive. The
property is currently vacant. Theproposedzoningfor this annexation is LMN— Low Density Mixed
Use Neighborhood. The property being considered for annexation has, for a period of not less than
three (3) years, been completely surrounded byproperty contained within the boundaries ofthe City
of Fort Collins.
The proposed resolution states that it is the City's intent to annex this enclave property and directs
that the published notice required by State law be given of the Council's hearing to consider the
needed annexation ordinance. The hearing will be held at the time of First Reading of the
annexation and zoning ordinances on January 5, 1999. Not less than thirty days prior, published
notice is required by State law.
BACKGROUND
The property is located within the Fort Collins Urban Growth Area (UGA). According to policies
and agreements between the City of Fort Collins and Larimer County contained in the
Intergovernmental Agreement for the Fort Collins Urban Growth Area, the City will agree to
consider annexation ofproperty in the UGA when the property is eligible for annexation according
to State law. The property became completely surrounded by the City offort Collins through the
following annexations:
N.• Northeast Consolidated Annexation — June 6, 1974
E: Fort Collins Business Center Annexation —September 2, 1986
S: East Lincoln 3rd Annexation — December 6, 1994
W.• Northeast Consolidated Annexation —June 6, 1974
The property became eligible for annexation as an enclave on December 6, 1997.
The annexation is made up of one parcel. The owner of record is:
Norman L. Royval
3739 North County Road 13
Fort Collins, CO 80522
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November 17. 1998
Planning and Zoning Board Recommendation
On October 15, 1998, the Planning and Zoning Board, by a vote of 4 -1 recommended approval of
the annexation with the zoning of LMN— Low Density Mixed Use Neighborhood. "
Bob Blanchard, Director of Current Planning, decribed the site and noted that this is an initiating
Resolution for an enclave annexation.
Councilmember Byrne made a motion, seconded by Councilmember Wanner, to adopt Resolution
98-157.
Norman L. Royval, property owner, 3739 North County Road 13, spoke concerning right-of-way
negotiations and rezoning discussions with the City, and opposed the proposed LMN zoning.
Councilmember Byrne asked who develops a recommendation for zoning. City Manager Fischbach
stated that staff develops the recommendation.
Councilmember Kneeland expressed a concern about the rights of property owners and suggested
that the City work with the landowner to explore all options before the annexation and zoning is
brought back for Council hearing in January.
Councilmember Bertschy spoke concerning a need to understand the history of the property and the
property owner's dealings with various staff prior to formal consideration of the annexation and
zoning.
Councilmember Byrne spoke concerning the need to balance property rights and controlled growth.
The vote on Councilmember Byrne's motion was as follows: Yeas: Councilmembers Azari,
Bertschy, Byrne, Kneeland, Smith and Wanner. Nays: None.
THE MOTION CARRIED.
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Ordinance No. 216,1998
Authorizing the Issuance of $6,509,000 of Private Activity Bonds
for the Country Ranch Project and Authorizing the Execution of
Certain Related Documents and Instruments, Adopted on First Reading
The following is staffs memorandum on this item.
"Financial Impact
The total amount of the Private Activity Bond issue is $6,509,000. The City serves as the issuer;
however, the bonds are not obligations of the City of Fort Collins. The debt will be paid from
proceeds from the project. Proceeds will be derived from rental of the housing units to be
constructed with the bonds. The affordable units within theproject will carry monthly rents of $638
to $736. This will allow individuals andfamilies with income at 60% ofinedian area income to rent
the units. The units will remain affordable for at least 20 years.
Executive Summa
In July of 1996, the City received a proposal from Country Ranch Limited Partnership requesting
that the City issue private activity bonds for the purpose of acquiring property, constructing and
equipping a multi family housing project in Fort Collins. The Country Ranch Project is intended
to provide rental housing units that will be affordable to individuals and families with low to
medium incomes. The Project is located at the southwest corner of County Road 9 and Harmony
Road. The site is approximately ten acres. Zoning for the site supports up to 118 units of multi-
family housing. On August 6, 1996, Council approved the inducement resolution for the project.
Since the inducement resolution was passed, the W.O. Brisben Companies South ("Brisben') has
replaced the original developer, Hawthorne. Brisben Company has formed a new limited
partnership, Country Ranch II, to complete the project.
Ordinance No. 216, 1998 will allow the City to move forward and issue the bonds for the project,
up to $6,509,000. The proposal is consistent with the City's adopted policies regarding issuance
of private activity bonds. The project is consistent with the Council goal of increasing the supply
of affordable housing in the City.
In response to the housing needs of the residents of Fort Collins, the City Council has established
as one of its goals to increase the quality and affordability of housing. In 1984, Council adopted
criteria for the issuance oftax-exempt bonds that would acquire, rehabilitate, or maintain the supply
of low-income housing. With the adoption of Resolution 84-179, Council identified the specific
criteria that are to be used when evaluating projects for private activity bond financing.
The Country Ranch Apartments project proposal met the criteria set by Council. In August of 1996,
Council adopted the inducement resolution indicating to the development corporation that the City
would issue the tax-exempt private activity bonds if the proponents could secure enough allocation
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November 17. 1998
from the State of Colorado. The City and the project's bond counsel filed the application to carry
forward the allocations of the City and the State to 1998. On October 9, 1998, the Internal Revenue
Service approved the carryover ofprior year allocations.
The Project
Upon completion of construction, the project, located at the intersection of Timberwood Drive and
County Road 9E. See attached Site Map. It is to consist of 118 units, comprising in the aggregate
approximately 138,900 square feet. Construction of the Project is expected to commence in
February, 1999 and is expected to be completed in March, 2000. Each unit is to consist of a living
room, dining area, a kitchen, and two or three bedrooms, as follows:
No.
of Units Unit Type Square Feet
52 2 Bedroom/2 Bath 1,050
66 3 Bedroom/2 Bath 1,250
Each unit will have a dishwasher, disposal, frost free refrigerator, wall-to-wall carpeting, window
coverings and washer/dryer hook-ups. Project amenities will include a pool, a clubhouse, a sport
court and a playground. 223 parking spaces will be available.
Projects Rents
All units within the project will have rents that meet affordable housing guidelines for persons and
families at 60% of the Area Median Income as provided by the U.S. Department of Housing and
Urban Development.
1998 Median incomes for residents in all of Larimer County are:
One Person
Two Persons
Three Persons
Four Persons
Five Persons
Six Persons
Median Income
35,625
40,750
45,813
50,875
55,000
59.063
60% of -Median
21,373
24,450
27,488
30,525
35,438
37,875
Based on the income levels above, the rents on the apartment units will be about:
Two Bedrooms/One Person
$638
Two Bedrooms/Two Persons
$638
Two Bedrooms/Three Persons
$638
419
Two Bedrooms/Four Persons $638
Three Bedrooms/One Person
$736
Three Bedrooms/Two Persons
$736
Three Bedrooms/Three Persons
$736
Three Bedrooms/Four Persons
$736
Three Bedrooms/Five Persons
$736
Three Bedrooms/Six Persons
$736
Project Financing
Sources
Tar Exempt Bonds
Taxable Debt
$ 6,509,000
Owner Equity
$1,491,000
Developer Fee Not
$ 2, 638,160
Total Sources of Funds
$ 723,755
$11,361,915
Uses
.Ia
Construction Cost
$
920,000
Professional Fees
$
7,865,640
City Development/ImpactFees*
$
117,800
Construction Interim Costs
$
767,000
Permanent Financing Costs
$
543,000
Soft Costs
$
250,000
Syndication Costs
$
43,000
Developer Fees
$
23,000
Proiect Reserves
$
773,475
Total Uses of Funds
$ 59.00
$11,361,915
*Net of fee rebate of $86,140
Recommendation
November 17, 1998
Staff recommends adoption of the Ordinance on First Reading. According to the Tax Equity and
Fiscal Reform Act of 1986, issuance of the bonds requires that a formal public hearing be held on
the project. Public notice at least 14 days prior to the hearing is required. The required Tax Equity
and Fiscal Reform Act public hearing will be conducted on Second Reading. "
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November 17, 1998
Alan Krcmarik, Finance Director, gave background of the project and noted that the required
documents are on file with the City Clerk.
Councilmember Byrne requested a brief review concerning private activity bonds and the City's
allocation. Krcmarik explained the private activity bond mechanism and stated that the City's
interest is to promote affordable housing.
Councilmember Bertschy asked if there is a guarantee that the housing will remain affordable.
Krcmarik stated that under federal law, a trustee will monitor to ensure that the housing remains
affordable for 20 years by keeping track of payments and applications for rent.
Perry Lorenz, a Fort Collins resident, opposed the ordinance and rent subsidies and stated the
ordinance would tend to invite poverty into the community.
Betty Maloney, 1309 CityPark Avenue, supported the ordinance and spoke concerning the need for
affordable housing.
Councilmember Wanner made amotion, seconded by Councilmember Bertschy, to adopt Ordinance
No. 216, 1998 on First Reading.
Councilmember Kneeland supported the motion and stated that there is a need for housing available
at all affordability levels.
Councilmember Byrne stated that this would create a vibrant and healthy working class
neighborhood and that there is a need for affordable housing for working class families and the
elderly.
Councilmember Bertschy spoke concerning the need for affordable housing for currentresidentsand
the loss of affordable housing as projects are being sold.
Councilmember Smith noted that the key is to ensure that affordable housing is well distributed
throughout the community and that levels of income do not denote poverty.
Mayor Azari stated that the Council has adopted a 20-year plan calling for mixed income levels and
mixed housing types within neighborhoods to allow everyone an opportunity to live in this
community.
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November 17. 1998
The vote on Councilmember Wanner's motion was as follows: Yeas: Councilmembers Azari,
Bertschy, Byrne, Kneeland, Smith and Wanner. Nays: None.
THE MOTION CARRIED.
Items Relating to the 1999
Downtown Development Authority
Budget, Adopted on Second Reading
The following is staffs memorandum on this item.
"Executive Summary
A. Second Reading of Ordinance No. 206, 1998, Appropriating Operating Funds and
Approving the Budget of the Downtown Development Authority for the Fiscal Year
Beginning January 1, 1999, and Fixing the Mill Levy for the Downtown Development
Authorityfor 1999.
B. Second Reading of Ordinance No. 207, 1998, Appropriating Revenue in the Downtown
Development Authority Debt Service Fund for Payment of Debt Service for the Year 1999.
Ordinance Nos. 206 and 207, 1998, which were unanimously adopted on First Reading on
November 3, 1998, represent the annual appropriation for 1999 of $290,675, and approve the
Downtown Development Authority Operating Budget for 1999. They also set the DDA mill levy at
4.05 mills and appropriate the Downtown Development Authority Debt Service funds for 1999 in
the amount of$1,639,048.
Ordinance No. 207, 1998 has been amended on Second Reading to make a technical correction, the
reference to 1988 bonds was incorrect and should read 1992. "
Councilmember Byrne asked for a review of the DDA budget and an outline of the DDA's major
activities. Robert Steiner, DDA Director, reviewed the Downtown Development Authority
administration revised 1999 budget projections.
Councilmember Byrne asked about the budget for the parking structure and the relationship between
the DDA and the Downtown Business Association for marketing. Steiner stated that a tax increment
fund pays for capital improvements and that DDA pays dues and provides some administrative
support to the Downtown Business Association.
Councilmember Kneeland made amotion, seconded by Councilmember Wanner, to adopt Ordinance
No. 206, 1998 on Second Reading.
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November 17, 1998
Kermit Allard, Downtown Development Authority Chair, gave background concerning the
Downtown Development Authority and the efforts of the DDA to revitalize the central business
district. He noted that the DDA has also held public hearings regarding the proposed 1999 budget.
Debbie Ryder, Garwood's Jewelers, supported the efforts of the DDA in revitalizing the downtown
area and stated that there is still a lot of work to be done.
Joel Lyric, Rand -Scott Manufacturing building owner, explained how a partnership with the DDA
assisted in expansion of the business.
Jim Reidhead, 707 West Mountain Avenue, spoke regarding the projects and successes of the DDA.
Carey Hewitt, owner of The Cupboard, spoke concerning DDA support for the Downtown Business
Association and the impact of DBA activities on the vitality of downtown.
Scott Smith, Coopersmiths Pub and Brewery, thanked the DDA Director and spoke concerning the
sizzle effect in the downtown, and urged continued support for the DDA.
Jay Widen, Jay's Bistro, spoke concerning the importance of the DDA to the vitality of the
downtown.
Jay Hardy, Executive Director Downtown Business Association, urged support for the DDA and read
a letter from Tom Gleason, Chairman of First National Bank, supporting the DDA.
Councilmember Byrne stated that there are important downtown projects that are in their beginning
stages and noted the trepidation expressed concerning the Council's intentions with regard to the
continuation of the DDA.
Councilmember Smith asked about the process for continuing the discussion regarding the scheduled
expiration of the DDA in 2006 and noted fears that have been expressed regarding disbanding the
DDA.
Councilmember Kneeland spoke concerning the professional and responsible operations and
management of the DDA and the strengths of the downtown.
Councilmember Bertschy stated that there is no controversy on Council with regard to the existence
of the DDA, and Council's discussion is a response to citizen questions at the November 3 meeting.
Councilmember Smith spoke regarding the character and sense of purpose of the downtown.
Councilmember Wanner expressed appreciation for the input and comments received.
Mayor Azari expressed appreciation for the hard work that has been done for the downtown.
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November 17, 1998
The vote on Councilmember Kneeland's motion was as follows: Yeas: Councilmembers Azari,
Bertschy, Byrne, Kneeland, Smith and Wanner. Nays: None.
THE MOTION CARRIED.
Councilmember Wanner made a motion, seconded by Councilmember Smith, to adopt Ordinance
No. 207, 1998 on Second Reading. The vote on the motion was as follows: Yeas: Councilmembers
Azari, Bertschy, Byrne, Kneeland, Smith and Wanner. Nays: None.
THE MOTION CARRIED.
Ordinance No. 208, 1998
Being the Annual Appropriation Ordinance Relating to the
Annual Appropriations for the Fiscal Year 1999 and
Amending the Budget for the Fiscal Year Beginning
January 1, 1999, and Ending December 31, 1999, and Fixing
the Mill Levy for Fiscal Year 1999, Adopted on Second Reading
The following is staff s memorandum on this item.
"Financial Impact
This Ordinance was considered by the Council on First Reading on November 10, 1998. The
Ordinance amends the 1999 Budget in the amount of $337,984, 621 for the City offort Collins and
$2, 441,126 in 1999 for the Firefzghters'Pension Fund. The Net City Budget which excludes internal
transfers between funds and Firefighters' Pension is $243, 676, 043 for 1999.
Executive Summary
Due to Council's consideration of the Ordinance on First Reading after printing of the agenda, an
amended item may need to be provided in the Council's "Read Before the Meeting" packet on
Tuesday, November 17."
City Manager Fischbach stated that the Ordinance reflects the City budget for 1999 and represents
a reduced annual appropriation in accordance with the Council's direction with respect to the pay
plan.
Councilmember Byrne asked about implementation of the pay plan. City Manager Fischbach stated
that the average pay increase, excluding librarians and bus drivers, is 4.1 % and that staff will begin
working on the January 1 implementation with the funds that are being appropriated and following
the direction that exceptional pay increases will be phased in over two years.
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November 17, 1998
Councilmember Smith asked for further information about the distribution of salary increases and
the distribution of positions within job categories, and asked if the pay categories or classifications
are already fixed or could be changed. He noted that bus drivers represent about 5% of the
employees and asked why bus drivers are not grouped as a category. City Manager Fischbach stated
that this information is being collected. City Attorney Roy stated that pay categories are fixed for
the present by reason of Council's adoption of the pay plan for classified employees, although
Council could modify the pay plan by ordinance.
Councilmember Bertschy spoke concerning questions raised in an e-mail from a member of the
Fraternal Order of Police. City Manager Fischbach stated that a response will be prepared and he
plans to meet with the F.O.P. member.
Councilmember Byrne made a motion, seconded by Councilmember Wanner, to adopt Ordinance
No. 208, 1998 on Second Reading.
Councilmember Byrne noted the original proposal for $100,000 for the rebate program that has since
been suspended, and supported the allocation of that money for police staffing.
Mayor Azari stated she supported the Ordinance because it represents the annual appropriation of
money to run the City and stated that she does not support the implementation of the pay plan over
two years.
The vote on Councilmember Byrne's motion was as follows: Yeas: Councilmembers Azari,
Bertschy, Byrne, Kneeland, Smith and Wanner. Nays: None.
THE MOTION CARRIED.
Ordinance No. 167, 1998, Authorizing
a Rebate of Development Fees Associated with the
Construction of a New Manufacturing Facility for
Hewlett-Packard. Failed to Pass on First Reading
The following is staff's memorandum on this item.
"Financial Impact
The total amount of impact fees associated with this project is approximately $2.4 million. The fees
are paid by the applicant at the time of building permit issuance. Staff recommends a rebate of
$88,775.63. The analysis provided by the Fiscal and Environmental Impact Model supports a
rebate of a larger amount. This amount has taken into account the City's overpayment of
$88, 775.63 in the 1996 rebate received by Hewlett-Packard in the course of the construction of the
new office building. The 1996 rebate should not have included the Building Permit and Plan Check
425
November 17, 1998
fees. Although Hewlett Packard is eligible to receive a rebate of a larger amount, they have
requested that City Council authorize the rebate of the $88,775.63, and then retain the funds to
offset the same amount that HP received in 1996.
"Executive Summary
The purpose of the fee rebate program is to promote the economic welfare of the city by enhancing
local employment opportunities and by strengthening the general economic base of the city. For
firms meeting the criteria contained in Article VII of Chapter 5 of the City Code, the City can return
a portion offees paid on expansion ofexisting firms. Hewlett-Packard has been working with City
staff over the past twelve months to plan a major manufacturing facility expansion at its Harmony
Road location. The expansion includes a wafer manufacturing plant with requisite "clean room "
filtration equipment. The size of the expansion is expected to be 315, 000 square feet. The estimated
cost of the expansion including equipment is $350 million. Hewlett-Packard estimates that it will
pay approximately $2.4 million in impact fees. Under the City's Impact Fee Rebate Program,
Hewlett-Packard can request the rebate ofcertain impact fees. Staffrecommends that a $88, 775.63
rebate be granted by Council. This is due to $88, 775.63 of Building Permit and Plan Checkfees that
were inadvertently included in the 1996 rebate offees to Hewlett-Packard. The Ordinance approves
and authorizes the rebate. Actual payment of this rebate to HP will not occur; rather the rebate
amount will be retained by the City to correct the prior error.
BACKGROUND:
In August of 1994, City Council adopted Ordinance No. 123, 1994, which amended Article VII of
Chapter 5 of the Code of the City of Fort Collins. The amendment permits the rebate of impact fees
for the purpose of economic development. Prior to the adoption of Ordinance No. 123, 1994, the
Code permitted the waiver offees on a case -by -case basis. The rebate modification was suggested
by staff to further protect the City by linking the payment of an incentive to the performance of the
company requesting the incentive.
In October of 1996, Hewlett-Packard applied for and received a rebate of $232, 700 for a 180, 000
square foot building located on its campus. This rebate included the Building Permit fee
($59, 923.55) and the Plan Check fee ($28,852.08). Due to the 1994 amendment to the City's rebate
policy ordinance, these two fees should not have been rebated to Hewlett-Packard in 1996 In 1996,
Hewlett-Packard used a portion of the rebate to make technology grants to the Poudre School
District.
On June 16, 1998, Council adopted Ordinance No. 111, 1998, which suspended the Impact Fee
Rebate Program indefinitely with the exception of companies who had filed a letter of intent to
request a rebate. Hewlett-Packard filed a letter of intent prior to the adoption of Ordinance No.
111, 1998.
426
November 17, 1998
The Hewlett-Packard Project
Hewlett-Packard currently maintains five permanent buildings at its manufacturing complex located
on the northeast corner of Harmony Road and County Road 9. The land for the site was acquired
in 1977 and the first building was completed in 1978.
The proposed new 315, 000 square foot building will be used for the manufacturing ofwafer boards.
The manufacturingplant will be approximately 41,OOOsquarefeet and the remainder of thefacility
will house the climate control and air cleaning equipment. Theproject includes a chemical building
and cooling towers.
The costs for the building are estimated as follows:
Building Shell Costs:
Building Outfitting Costs:
Building Production Tooling:
Total Building Costs
Annual Retooling Costs:
$41, 000, 000
100, 000, 000
75 000, 000 to $300, 000, 000
$216, 000, 000 to $441, 000, 000
$50, 000, 000
Eventually, HP expects to relocate 50 new employees from its Corvallis, Oregon plant and add 200
new employees over a three year period, once the plant is in operation. Of these employees, HP
expects that 55% will be production employees, 25% will be technician category, and 20% will be
management/engineering employees.
The manufacturing expansion at the Hewlett-Packard site will generate approximately $615, 000 of
use tax on the building permit. After completion of the project, the annual property tax on the
building will be approximately $120,000. The annual property tax on the building ou ftting
equipment will be approximately $280,000 in the first year. Depending on the value of the
manufacturing equipment, between $200,000 and $700,000 of additional property tax will be
received. This expansion will be one of the most capital intensive projects completed in Northern
Colorado.
The expansion has also been analyzed by Dr. Harvey Cutler using the Fiscal and Environmental
Impact Model. The analysis from the model is presented in the next section.
427
November 17, 1998
Fiscal and Environmental Model Analysis
Attached are five tables with summary information derived from the Fiscal and Environmental0
Impact Model. Dr. Harvey Cutler and Dr. Stephen Davies of Colorado State University ran two
employment scenarios through the model based on information provided by Hewlett-Packard. The
High Case adds 250 new employees to the local economy. The Low Case adds 122 new employees
and substitutes 128 workers from other firms in the area. Staff believes that the assumption that
many of the employees that have been laid off by local firms will find employment with Hewlett-
Packard is the more likely of the two scenarios. The Low Case data is found in Tables 1, 3, and 5
of the attachment. Table 5 summarizes the Benefits and Loss of the Low Case.
The model shows that once HP completes the fabrication facility, city government revenues will
exceed costs by about $1.8 million (present value discounted at 5% over estimated 5 years). The
model estimates that the present value of increased pollution costs associated with this project will
be about $5.6 million. The model estimates that traffic congestion will be affected to the extent of
adding 2.07 hours of travel time per capita per year. On the other hand, the model estimates that
increases to capital (profits to firms throughout the community) resulting from theproject will total
about $14 million per year.
It should be noted that while the model provides a great deal of analytical information, it is limited
in its ability to evaluate a wide variety ofexternal impacts. While the model currently addresses air
quality and traffic congestion, it does not currently assess loss ofopen space, wildlife habitat, trails,
species diversity. In the future the model may include some of these variables. Dr. Cutler will be
present at the meeting to discuss the model's results in further detail. Based on the model's results,
staff has formulated the following recommendation:
Recommendation
Hewlett-Packard is expected to pay the followingfees for the 315, 000square foot expansion project:
Fees Amount
Building Permit
$ 38,182
Plan Check Fee
18,384
Street Oversizing
182,700
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November 17, 1998
Capital Improvement Expansion Fees
General Government 15,750
Police Capital 9,450
Fire Capital 12,600
Stormwater Fee 49,831
Electric (Combined On -site and Off -site) 2,147,627
TOTAL $ 2,478,524
Of these fees, $2,197,458 are utility related and the remaining $326,897 are general government
revenues. According to the change in to the rebate program, the Building Permit and Plan Check
fees are not eligible for rebate because they are processing fees rather than impact fees. This leaves
$2, 417, 958 of fees eligible for rebate.
Based on the financial benefits to the City compared to the estimated street costs, Hewlett-Packard
is clearly eligible for a larger rebate based on the parameters of the existing Rebate Program. As
the program currently exists, revenues must exceed twice the estimated street costs over 20 years.
Given the findings of the Fiscal and Environmental Impact Model and Hewlett-Packard's limited
request, staff recommends a rebate of $88,775.63. Once again, this amount offsets the City's
overpayment of $88, 775.63 in the 1996 rebate received by Hewlett-Packard. The 1996 rebate of
development impact fees should not have included Building Permit and Plan Check fees.
Hewlett-Packard exemplifies the commitment to excellence and community that is so important in
Fort Collins. While incentives are not the primary focus, the concept of helping a strong, local firm
be more competitive and more prof table in Fort Collins makes sense. Stafffinds that it is consistent
to encourage local expansions through the use of modest, performance -based programs such as the
Development Fee Rebate Program."
(**Secretary's Note: Councilmembers Byrne and Kneeland withdrew from discussion on this item
due to perceived conflicts of interest.)
Frank Bruno, Assistant City Manager, gave background information and explained the error made
in 1996 regarding the rebate of building and plan check fees.
Councilmember Smith made a motion, seconded by Councilmember Bertschy, to adopt Ordinance
No. 167, 1998 on First Reading.
Councilmember Bertschy asked for further information concerning the proposed Ordinance. Bruno
gave additional information concerning the proposed Ordinance.
Kelly Ohlson, 2040 Bennington Circle, spoke in opposition to corporate rebates.
429
November 17, 1998
Councilmember Bertschy asked for clarification regarding the purpose of the transaction and asked
if this would preclude Hewlett-Packard from making future rebate requests. Bruno spoke concerning
Council's action in June to suspend the development impact fee rebate program.
Councilmember Wanner questioned the use of the fiscal and environmental model in a situation
where the building has not been put into use. Bruno stated that the building is under construction
and stated it is appropriate to use the model to evaluate a proposal and track it over time.
Councilmember Wanner stated he would not support the motion and questioned the use of a rebate
when a facility is not in place.
Mayor Azari asked for clarification concerning the transaction.
The vote on Councilmember Smith's motion was as follows: Yeas: Councilmembers Azari and
Smith. Nays: Councilmembers Bertschy and Wanner. Withdrawn: Councilmembers Byrne and
Kneeland.
THE MOTION FAILED TO PASS.
("Secretary's Note: Councilmembers Byrne and Kneeland returned to the meeting at this point.)
Resolution 98-156 Making Appointments
to the Citizen Review Board, Withdrawn
The following is staff s memorandum on this item.
"Executive Summary
At its August 4, 1998 meeting, Council adopted on Second Reading Ordinance No. 76, 1998,
creating the Citizen Review Board. The Board was created to serve the following purposes: (1)
upon request of the City Manager or Chief of Police, make recommendations concerning
interpretation ofpolice policies and procedures; (2) review internal investigations where a peace
officer is alleged to have used force, discharged a firearm, committed a crime, when a person
sustained severe injury, death, or alleged their civil rights were violated by a peace officer, or other
investigations requested by the City Manager or Police Chief (use of deadly force would be a
mandatory review by the Board even if no complaint is filed); (3) offer review for outside law
enforcement agencies operating within the City; and (4) make annual reports to the City Council
and City Manager concerning activities and recommendations.
Following creation of the Board, applications for membership were solicited. Interviews were
conducted by Councilmembers Wanner and Bertschy and City Manager Fischbach. The interview
Bill
November 17. 1998
team is recommending that the following individuals be appointed to the Board to serve terms as
indicated below:
Name:
Carole Stanfield
Becky Richardson
Eric Olsen
RickAulino
Brian Carroll
Expiration of Term:
June 30, 2000
June 30, 2001
June 30, 2001
June 30, 2002
June 30, 2002"
City Manager Fischbach spoke concerning the process to interview and recommend nominees for
the newly created Citizen Review Board.
Councilmember Wanner stated that 17 applicants were interviewed for the five positions, and the
interview team selected the individuals they believe are the five best applicants for the positions.
Councilmember Wanner made a motion, seconded by Councilmember Bertschy, to adopt Resolution
98-156 with the insertion of the five names recommended.
Councilmember Bertschy spoke concerning the interview and deliberation process.
LeRoy Gomez, 3213 Sharps, spoke concerning the interview process and the lack of minority
representation or activists on the Board.
Al Baccili, 520 Galaxy Way, protested the composition of the Board and supported diversity in the
Board's membership.
Norverto Valdez,1242 Sioux Blvd, CSU faculty member, expressed concerns regarding flaws in the
selection process, read a prepared statement, requested the rejection of the nominees, and urged
Council consideration of a larger Board and inclusion of a minority voice on the Board.
Paul Bates, 609 Duke Lane, favored the appointment of LeRoy Gomez to the Board.
David Lipp, 626 Remington, urged enlargement of the Board and the appointment of LeRoy Gomez
to the Board.
Rosa Garcia, 634 South Grant Avenue, CSU student, urged ethnically diverse membership on the
Board.
Brian Salazar, a Fort Collins resident, spoke concerning his experiences in the community and urged
student and minority representation on the Board.
431
November 17, 1998
Lorena Selena Sanbrano, CSU student, urged Latino representation on the Board.
Margaret Miles, a Fort Collins resident, urged minority representation on the Board and favored the
appointment of LeRoy Gomez.
Michelle Martinez, a Fort Collins resident and CSU student, stated that the Board should be an
advocacy group for students and people of color.
Mary Fagan Bates, 609 Duke Lane, asked that Council reconsider the Board's membership.
Marie Findlater, 1601 North College #291, spoke concerning stereotypes and the importance of
minority contributions.
Rhonda Malay, a Fort Collins resident, spoke regarding the predominance of racism and ageism in
Fort Collins and asked Council to reconsider the Board's membership.
Donald Sundland, 2609 Greenmont Drive, expressed concerns about the uniform representation on
the Board.
Marion Hershcopf, 1516 Elm, supported adding minority members to the Board.
John Findlater, 1601 North College Avenue #291, urged minority representation on the Board
Councilmember Smith asked if the application forms requested information regarding race, gender,
or age and asked about the selection pool. City Manager Fischbach stated that the City's boards and
commissions application forms do not request such information.
Councilmember Wanner spoke concerning the possibility of expanding the Board to seven members
and readvertising for the additional positions. He stated that he will support the recommended
candidates.
Councilmember Bertschy spoke regarding affirmative action guidelines and the fairness of the
interview and selection process that has been followed.
Councilmember Wanner and Bertschy withdrew the motion to adopt Resolution 98-156.
THE MOTION WAS WITHDRAWN.
BYA
November 17. 1998
Councilmember Smith spoke concerning the interview process and the limitations imposed by a
small pool of applicants, and encouraged individuals to apply to serve on the boards and
commissions.
Councilmember Byrne spoke regarding the concerns that have been expressed about the need for
diversity on the Board and the possibility of framing the Ordinance for the creation of an ethnically
diverse Board.
Council consensus was to hold the Resolution making appointments in abeyance, to direct staff to
prepare an Ordinance for Council's consideration on December 1 to expand the Citizen Review
Board to seven members, and subsequent to adoption of the Ordinance on First Reading to
readvertise to fill seven positions on the Board.
Other Business
Councilmember Byrne asked about the Sister City program and the mechanisms that could be used
to support relief efforts for the disaster victims in Central America.
Councilmember Smith made a motion, seconded by Councilmember Wanner, to reconsider within
the pay plan, the evaluation of bus driver pay categories and to direct the City Manager to explore
placing bus drivers in their own pay category.
Councilmember Smith stated that bus drivers represent approximately 5% of the workforce.
The vote on Councilmember Smith's motion was as follows: Yeas: Councilmembers Bertschy,
Byrne, Kneeland, Smith and Wanner. Nays: Mayor Azari.
THE MOTION CARRIED.
Executive Session Authorized.
Councilmember Smith made a motion, seconded by Councilmember Byrne, to adjourn into
Executive Session to consider the acquisition and sale of real property. The vote on the motion was
as follows: Yeas: Councilmembers Azari, Bertschy, Byrne, Kneeland, Smith and Wanner. Nays:
None.
THE MOTION CARRIED.
("Secretary's Note: The meeting adjourned into Executive Session at 9:50 p.m.)
The meeting reconvened following the Executive Session at 10:25 p.m.
433
November 17, 1998
Adjournment.
Councilmember Smith made a motion, seconded by Councilmember Kneeland, to adjourn the
meeting to 6:00 p.m. on November 24, 1998, for the annual evaluations of the City Manager, City
Attorney and Municipal Judge and to consider Second Reading ofthe District/Precinct map changes.
The vote on the motion was as follows: Yeas: Councilmembers Azari, Bertschy, Byrne, Kneeland,
Smith and Wanner. Nays: None.
THE MOTION CARRIED.
The meeting adjourned at 10:25 p.m.
ATTEST:
1118
KIM
021FAMR40 6 Mi
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