HomeMy WebLinkAboutMINUTES-11/19/1991-Regular' November 19, 1991
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
November 19, 1991, at 6:30 p.m. in the Council Chambers of the City of Fort
Collins City Hall. Roll call was answered by the following Councilmembers:
Azari, Edwards, Fromme, Horak, Kirkpatrick, Maxey and Winokur.
Staff Members Present: Burkett, Davis, Roy.
Citizen Participation
Director of Cultural, Library and Recreational Services Mike Powers, presented
the Special Olympics Torch Award to staff.
Ron Setzer, 118 Fishback Avenue, spoke in opposition of the Police Department's
final report regarding the Old Town incident and requested Council take action
concerning the investigation.
Ruth Hornberger, 1701 Dale Court, opposed the One West Center's funding using
taxpayer's money.
Carol Miller, 118 Fishback Avenue, stated a public trust had been violated by
the police officers involved in the Old Town incident and reported she would
appeal her case to the Human Relations Commission.
David Lipp, 626 Remington, commented that he felt the internal investigation was
a not handled properly in the Old Town occurrence and recommended a police review
board be established.
Anthony Denardo, 1410 South Shields, spoke of the Colorado Hemp Project and
requested Council's endorsement for research funds.
Quinnell Gutwein, 515 Wayne Street, expressed concerns regarding traffic
enforcement in school zones and reported Fort Collins is severely lacking in
traffic enforcement officers compared to other cities along the front range.
City Manager Steve Burkett noted there is funding allocated in the proposed
budget for one additional Traffic Enforcement Officer.
Al Baccili, 520 Galaxy Court, expounded on the need for a citizen review board
to investigate the allegations regarding the incident in Old Town.
Gail Trlica, 1405 Welch Street and Poudre R-1 Crossing Guard, spoke of her
frustrations regarding the traffic at school crossings and requested more police
' support.
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Sandy Lemberg, Poudre Canyon resident, did not feel public officials were
supporting the citizens regarding the police incident and inqu-ired about a
petition he presented to the Council regarding the County Commissioners.
Don Hornberger, 1701 Dale Court, commented about the support of One West.
Duncan Philp, representing Concerned Citizens on Police Matters, residing at 204
E. Plum, expressed his desire to see the establishment of an unbiased review
board regarding police incidents and questioned the rationale behind the decision
not to make the police report available to the public.
Agenda Review
City Manager Steve Burkett stated the reading of new interest rates in Item #24,
Ordinance No. 131, 1991, Authorizing the Issuance of Storm Drainage Revenue Bonds
Series 1991 Dated December 1, 1991 in the Aggregate Principal Amount of
$6,235,000, would be read into the record.
Consent Calander
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 to be "pulled"
off the Consent Calendar and considered separately. Agenda items pulled from
the Consent Calendar will be considered separately under Agenda Item #15, Pulled
Consent Items.
7.
Consider approval of the minutes of the regular meeting of September 17.
The property owner, David Haimson, is initiating this request for Local
Landmark Designation for the "Shenk House," located at 629 West Mountain
Avenue. A public hearing was held by the Commission on October 2, 1991,
at which the Commission unanimously voted to recommend designation of this
property.
The Landmark Preservation Commission and City staff are pleased to
recommend the "Shenk House" as a local landmark for its architectural
significance, and as such, its contribution to the surrounding potential
historic district. Built circa 1905, the residence represents the
simplified Queen Anne style of architecture. It has retained its original
setting, design, workmanship, and materials and therefore, its feeling
and association with the period in which it was constructed.
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November 19, 1991
This Ordinance, which was unanimously adopted on First Reading on November
5, 1991, designates the residence as a historic landmark.
On October 21, 1991, the Planning and Zoning Board approved the Fairbrooke
5th Filing P.U.D. In addition, at a public hearing on October 14, 1991,
the Planning Director approved the Fairbrooke 4th Filing P.U.D., a Minor
Subdivision. Together, the Fairbrooke 4th and 5th Filings replat most of
the property previously platted by the Charleston P.U.D. First Replat.
Charleston Way is the only street which was constructed on dedicated right-
of-way in the Charleston P.U.D. First Replat. The new development,
Fairbrooke 5th Filing, utilizes the existing street and dedicates the
right-of-way necessary for Charleston Way as it is constructed. In
addition, to accommodate the new configuration of lots in the Fairbrooke
4th and 5th Filings, the right-of-way dedicated for Rutledge Court has
changed. This Ordinance, which was unanimously adopted on First Reading
on November 5, vacates the rights -of -way previously platted by the
Charleston P.U.D. First Replat which is no longer needed. This Ordinance
' in no way affects the new street rights -of -way described and dedicated on
the Fairbrooke 5th Filing P.U.D.
9. Second Readinq of Ordinance No. 127. 1991. Concernina a IPBSP RPtwPPn the
10.
The Fort Collins Youth Baseball Association has leased a building in City
Park at 211 South Bryan since 1983. The lease has lapsed, and this
ordinance, which was unanimously adopted on First Reading on November 5,
establishes a new five-year lease. Fort Collins Youth Baseball uses this
building as an office and base of operations for its program. It is also
used for year-round storage for program equipment, uniforms, and records.
In lieu of lease payments, Youth Baseball is responsible for paying all
utilities and for keeping the building in good repair.
This Ordinance, which was unanimously adopted on First Reading on November
5, increases the 1991 appropriations by $4,148,993.
The City Charter authorizes the City Council to provide by ordinance for
payment of any expense from prior year reserves. It also authorizes the
' City Council, after the expiration of eight months of the budget year, to
appropriate actual revenue realized in excess of budget estimates. The
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November 19, 1991
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Charter also authorizes the City Council to appropriate unanticipated
revenue received as a result of rate or fee increases or new revenue
sources. Additionally it authorizes the City Council to transfer any
unexpended appropriated amounts from one fund to another upon
recommendation of the City Manager.
These items are historically presented in November in order to "clean-up"
any outstanding issues which have arisen during the year. If these
appropriations are not approved, the City runs the risk of receiving an
unfavorable opinion from its auditors, or being in violation of the City
Charter if appropriations are exceeded, or having to reduce expenditures
even though revenue and reimbursements have been received.
For the past four years, Fort Collins Police Services has applied for
project funding.to the Colorado Division of Criminal Justice for federal
drug grant monies. For project year 1991/1992 Police Services has again
joined with the Loveland Police Department and Larimer County Sheriff's
Department, in one application, for a multijurisdictional project to be
administered by Police Services. As administrator of the grant, Police I
Services will assure funding to the other participating agencies for their
share of the federal funds.
The City has recently received notification of a grant award in the amount
of $104,480. The participating agencies will be providing match monies
in the amount of $146,951. This Ordinance, which was unanimously adopted
on First Reading on November 5, appropriates the $104,480 grant award.
On November 5, Council unanimously adopted Resolution 91-139 Authorizing
the Mayor to Execute an Intergovernmental Agreement with the Colorado
Department of Transportation Allocating $100,000 of the City of Fort
Collins' Federal -Aid Urban System (FAUS) Money to the Pavement Marking
Upgrade Project. This Resolution authorized the approval of an
intergovernmental agreement with the Colorado Department of Transportation
allocating $100,000 for the upgrading of crosswalks, pavement markings,
railroad crossing stencils, and bike trail markings. This Ordinance, which
was unanimously adopted on First Reading on November 5, appropriates the
FAUS funds to be used for material procurement and installation of the
pavement markings.
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13. Second Readinq of Ordinance No. 132. 1991 Ampndinn rhantar 2r, nf tho rites
The Colorado Municipal League has requested that home -rule municipalities
adopt an ordinance that will further standardize and simplify the sales
and use tax collection system of Colorado municipalities. This Ordinance,
which was unanimously adopted on First Reading on November 5, proposes
standardized definitions and dispute resolution procedures. Added are
procedures for coordinated local audits as well as provisions for a
centralized clearinghouse for information. Staff has also included some
housekeeping changes and is taking this opportunity to clarify remitting
guidelines for sales and use tax collections. In addition, on Second
Reading the word "therapeutic" has been deleted from the definition of
"Prosthetic Devices." This deletion is necessary to make this definition
consistent with the standardized definitions suggested by the Colorado
Municipal League.
14.
On December 4, 1990, Council adopted Ordinance No. 122, 1990 Amending
Sections 26-97 and 26-98 of the Code to allow for the installation of a
' water meter at no charge to homeowners who volunteer to have a meter
installed. The ordinance was passed ,along with Resolution 90-147
establishing policies for implementation of the voluntary metering program
in compliance with the Water Metering Act enacted by the State Legislature
in April, 1990.
During the course of the volunteer program, questions have arisen as to
the possibility of removing the meters if requested. Presently, the City
Code does not address this issue. The question was presented to the Demand
Management Committee and the Water Board and both recommended that removal
of meters be prohibited after installation.
15.
The applicant, C.A. Musgrave, on behalf of the property owners, Harold
Fisher and James P. and Ruth Hoffman, has submitted a written petition
requesting annexation of approximately 44 acres located south of East
Lincoln Avenue and west of Lemay Avenue.
The proposed Resolution makes a finding that the petition substantially
complies with the Municipal Annexation Act, determines that a hearing
should be established regarding the annexation, and directs that notice
be given of the hearing. The hearing will be held at the time of first
reading of the annexation and zoning ordinances. Not less than thirty days
' of prior notice is required by Colorado law.
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17.
November 19, 1991
The property is located within the Fort Collins Urban Growth Area. Accord-
ing 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 consider the annexation of property in
the UGA when the property is eligible for annexation according to state
law. The property gains the required 1/6 contiguity to existing city
limits from common boundaries with the Link-N-Greens Second Annexation and
the Springer Annexation to the west, the Northeast Consolidated Annexation
to the north, the Lemay Avenue Annexation to the east, and the Highway 14
East Third Annexation to the south.
On December 18, 1990, the City Council adopted Resolution 90-176,
authorizing the Mayor to enter into an intergovernmental agreement with
Fort Collins -Loveland Water District for the sale of treated water. The
agreement was for the City to treat a minimum of 400 million gallons of
Fort Collins -Loveland Water District's raw water for a fee of 50 cents per
thousand gallons for the first year with an annual adjustment for
subsequent years using criteria developed by the City. '
When the agreement was signed, the District anticipated that it would be
able to construct the necessary improvements to take delivery of the water
before the summer of 1991. Unexpected delays in equipment delivery and
land acquisition prolonged completion of the improvements making it
impossible for the District to take delivery of the minimum sale
requirement. During this time, District staff have become concerned about
how closely peak day flows could be predicted as required in the agreement
and what would happen if the predetermined peak day flow was exceeded.
City staff also has had some concerns about the City's liabilities
regarding the new EPA coliform and lead rules. It has become apparent that
the agreement is not specific enough pertaining to the new water quality
monitoring and reporting requirements.
A vacancy currently exists on the Building Review Board due to the
resignation of Vincent Guerrie. Mayor Kirkpatrick reviewed the
applications on file and is recommending Susan Kreul-Froseth be appointed
to fill the term which expires July 1, 1992.
A vacancy also exists on the Liquor/Massage Licensing Authority due to the
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November 19, 1991
resignation of Debra Guerrie. Councilmember Winokur reviewed the
applications on file and is recommending John Schroeer be appointed to fill
the term which expires July 1, 1993.
On September 23, 1991 the Planning and Zoning Board voted 6-0 to approve,
with three conditions, the request for an administrative change to Nash
Finch/Steele's Market at Harmony Market, Filing Three, Final P.U.D. The
appeal relates only to the locational aspect of condition number three of
the Planning and Zoning Board's final decision. Condition number three
reads as follows:
"The three signs on the lower fascia be lowered off the fascia and be of
blue color to carry the established signage theme across all three anchors
and to promote consistency."
On November 5, 1991, Council voted 5-0 to overturn the decision of the
Planning and Zoning Board. In order to complete the record regarding this
appeal, the Council should adopt a Resolution making findings of fact and
finalizing its decision on the appeal.
19. Routine Deeds and Easements:
a. Easement from Daniel Joseph and Ellen Jean Spitler, 945 E. Prospect
Road, needed for the Lemay/Prospect Intersection. Monetary
consideration: $41,000 (M.A.I. Appraisal)
Ordinances on Second Reading were read by title by Wanda Krajicek, City Clerk.
8.
9.
10.
11.
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November 19, 1991 '
12.
13.
24.
Ordinances on first Reading were .read by title by Wanda Krajicek, City Clerk.
14.
Councilmember Horak made a motion, seconded by Councilmember Edwards, to adopt
and approve all items not removed from the Consent Calendar. Yeas:
Councilmembers Azari, Edwards, Kirkpatrick, Maxey and Winokur. Nays: None.
THE MOTION CARRIED.
Councilmember Reports
Councilmember Maxey made a presentation and presented a plaque to Rheba Massey '
and David Hunnison, owner of the Shenk House, designating the Shenk House as a
local landmark.
Councilmember Azari reported the City was given a toy truck by employees of the
Toys R Us Store during the recent Grand Opening ceremonies in appreciation of
the assistance they received from the City.
Councilmember Edwards acknowledged the community's support and elation over the
release of Tom Sutherland.
Resolution 91-151
Authorizing Staff to Initiate
Eminent Domain Proceedings, Adopted.
The following is staff's memorandum on this item.
"FINANCIAL IMPACT
Property appraisals indicate that acquisition costs appear to be covered by
available funds, even if condemnation is required. These funds have been
appropriated as part of the Spring Creek Drainage Basin budget and a state bridge
grant for Stover Street.
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November 19, 1991
EXECUTIVE SUMMARY
A significant amount of property is required to widen the Spring Creek channel
for potential flood hazard reduction to replace the Stuart and Stover Street
bridges due to their inability to pass flood flows (both bridges) and to correct
structural deficiency in the Stover Bridge, as well as to provide an off-street
trail connection from Spring Park to east of Stover Street.
Twelve properties, including five buildings, are required for the project, six
of the properties have been obtained. However, negotiations have reached an
impasse on the remaining six parcels. There are three rental properties subject
to condemnation which require relocation of tenants. If a condemnation action
is not pursued, this will result in additional project delays. Significant
delays may jeopardize future state funding for bridge projects. Delays also
result in prolonged insecurity for tenants and the potential for
inconvenient/untimely relocation activities.
BACKGROUND
The Stuart/Stover Channelization Project is a joint effort between the Stormwater
Utility, Engineering, and Parks and Recreation Departments. Interdepartmental
coordination for this project began in the fall of 1989.
' The Spring Creek Master Drainageway Plan identified acquisition of five homes,
replacement of both the Stuart and Stover Street bridges due to their inability
to pass flood flows, and major channel reconstruction to reduce the flood hazard
for 17 residential structures including two apartment buildings. Construction
for these master drainage plan improvements was originally anticipated to begin
in 1993.
Due to the structural deficiencies of the Stover Street bridge identified as part
of the State bridge inspection program, the Engineering Department was able to
obtain a state grant to pay for 80 percent of the bridge replacement. This grant
money was offered in December, 1989 and was accepted in January, 1990.
Engineering and Stormwater are contributing the remaining 20 percent for work
associated with the Stover Street bridge.
This location was identified as a major off-street trail link along Spring Creek
in the 1990 Four -Year Trails Plan by the Parks and Recreation Department.
Currently, trail users must use an on -street Stover/Stuart/Busch Court access
to get from the trail east of Stover into Spring Park. This project will allow
travel along the Spring Creek trail under both the Stuart and Stover Street
bridges, as well as providing optional at -grade access to the trail near both
bridges.
Greenhorne and O'Mara, Inc. was retained in the spring of 1990 to provide design
and possibly construction administration services. The City has completed the
final design review. The City plans to have a contractor on board in April, 1992
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November 19, 1991
and anticipates construction to begin in June, 1992. This schedule allows for
timely relocation of occupants in the three structures yet to be purchased.
PUBLIC INVOLVEMENT
Three neighborhood meetings have been held to date. The dates and purposes were
as follows:
PUBLIC MEETING #1, August 8, 1990
Introductory - Provide project background; the anticipated scope; introduce
the Consultant; receive public input and identify major concerns/issues
associated with project.
PUBLIC MEETING #2, October 18, 1990
Preliminary Design - Presentation of preliminary design for the project
and receive input on proposed improvements for incorporation into final
design.
PUBLIC MEETING #3, June 6, 1991
Presentation of final design and proposed construction schedule; receive '
public input for any final revisions.
PROPERTY NEGOTIATION BACKGROUND
In December, 1989, when Council was considering acceptance of the state grant
money, owners of the five residential structures identified for acquisition by
the Spring Creek Master Drainageway Plan were notified by letter and phone of
the project and its impacts. Four of the five owners accepted staff's invitation
to meet and to discuss the project in greater detail, so that staff could answer
any questions regarding the project or policies for acquisition and relocation
of occupants. Since four of the five residences were rental properties, the
City allowed time for the owners to inform their tenants of the project prior
to formal mailings by city staff. The City has been attempting to work with
owners on property purchases to accommodate current leases and convenient moving
schedules for tenants.
Negotiation of both permanent and temporary construction easements along the
channel commenced as design and valuation information became available.
Negotiations with some owners were able to start after preliminary design had
been completed. Negotiations on other areas have been dependent on adjustments
required for the final grading plan. Negotiations with owners whose property
will realize the greatest impacts have taken precedence.
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November 19, 1991
PROPERTY NEGOTIATION STATUS:
It was anticipated that all relocations and property negotiations would be
completed by August, 1991. Final drawings are being completed to reflect review
comments and a number of other issues, presented below, which have delayed
negotiation efforts.. The status of each property negotiation is summarized
below, and the attached map (Figure 1) shows each parcel in relation to the
project. A typical channel cross section.is shown in Figure 2.
Two properties were purchased by the City in 1990 (designated on Figure 1 by FC).
These were the Benton/Bailey home (owner occupied) and a duplex rental belonging
to Richard and Helen Gray. Relocation of Mrs. Benton has occurred and the house
has been removed. Relocation of the Gray's duplex tenants has occurred, and
staff is coordinating removal of the structure. Other parcels the City has
acquired are also shown on Figure 1.
Campus Gardens, Inc.
Required: Complete interest purchase of vacant parcel west of Busch Court for
drainage/utility/trail.
Issues: Campus Gardens, Inc. is no longer in existence. President of the
corporation can not be located.
' Status: Condemnation required.
John and Lorene Clarke
Require: Permanent drainage/utility/trail Easement (21,907 sq. ft.);
Right of Way Purchase for E. Alpert Court (358 sq. ft.)
Issues: The Clarkes want to save existing trees on north bank of channel and
want to save/replace select vegetation on south bank of channel.
The City redesigned channel improvements to accommodate these
concerns.
The Clarkes want construction completed by July due to heavy fall
photo schedule. The City has postponed construction of Stover Street
bridge until October/November 1992. This should avoid conflicts with
the photo schedule.
The City will have to remove/replace both existing foot bridge and
gazebo. This has been accounted for in the construction drawings.
The Clarkes want to maintain ownership for control of use/users.
The City is pursuing easement status versus complete interest
purchase to accommodate this concern.
The Clarkes also want to create a waterfall in their backyard and
' are afraid easement precludes this activity. At the time Mr. Clarke
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November 19, 1991 '
was proposing a pond concept, staff indicated a willingness to work
with him. Staff stressed concerns would be related to the number
and location of obstructions created and concerns that any overflows
from the pond into Spring Creek did not cause an erosion/bank
instability problem. .These concerns would still apply to a waterfall
concept, and staff is still willing to work with him.
The Clarke's have requested compensation for damages for the loss
of trees that are within an existing easement and for loss of
privacy. Staff has been unable to reach agreement with the Clarke's
with regard to these compensations requests.
Status: Based on its appraisal, the City has offered total compensation in
the amount of $16,262. Mr. Clarke has countered with $40,000. Mr.
Clarke has informed staff that condemnation will be necessary.
Sue Gwynn
Require: Purchase of lot with duplex
Issues: Rental still requiring relocation of occupants. Feels appraised
value too low.
Status: City has appraisal and has made offer based on appraised value of '
$86,000. Ms. Gwynn has countered with $92,000.
Repeated attempts have been made to contact Ms. Gwynn with no
success. Staff anticipates condemnation will be necessary.
Viola Kincaid
Required: Purchase vacant lot; Temporary construction easement
Issues: Lives out of state but received project notices.
Property in family for decades and feels conditions change every time
she considers developing/selling lots. Ms. Kincaid believes that
promises made by City/County in late 1950's early 1950's would allow
these lots to have three story buildings. No documentation has been
provided or found in support of this issue.
Ms. Kincaid believes floodplain/floodway designations and weed mowing
assessments are City attempts to acquire her property. Staff
explained floodplain regulation, drainage basins and provided
examples of similar projects to Ms. Kincaid and also provided a copy
of the weed ordinance.
Ms. Kincaid feels the City's appraised value is low.
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November 19, 1991
Status: The private appraiser contracted by the City has updated his
appraisal based on the availability of two buildable lots. An offer
of $15,900 has been made to Ms. Kincaid's attorney based on this
revised appraisal. Mrs. Kincaid has countered at $32,500. Staff
anticipates condemnation will be necessary.
Scott Peterson
Required: Purchase of lot with duplex
Issues: Rental still requiring relocation of occupants.
Believes the City's appraised value is low, but has not provided
another appraisal.
Status: City has made an offer of $74,000 based on appraised value. Mr.
Peterson has made a counter offer of $86,000. Staff anticipates
condemnation will be necessary.
Erma H. Bristol Trust and Morris G. Bristol Trust
Luis and Letha Robinson
Required: Purchase of lot with house;
Complete interest purchase for drainage/utility/trail with no land
remaining for potential development;
Two temporary construction easements;
One permanent utility easement
Issues: Rental requiring relocation of occupants.
A11 platted lots are currently in floodway and therefore,
undevelopable. Staff has worked with Robinsons throughout the
project design. Staff has explored the potential to salvage two
developable parcels after construction (See Figure 1). However, at
the last meeting this proposal was rejected. The Robinsons want a
guarantee on the development density, but have not gone through the
formal review process, so no guarantees are available.
The Robinsons want to maximize the property reclaimed from the
floodway. Channel banks have been steepened as much as possible to
accommodate this. The Robinsons suggest a concrete lined channel
through the reach.
They feel the trail is a negative aspect of the project that will
increase the incidence of criminal activity in the area. They feel
floodplain regulations will "go away" in a few years and all of the
lots will be developable. An existing fence encroached into existing
40 feet drainage/utility easement will be realigned.
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November 19, 1991
Status: City has appraisal on lot with house for $69,000. Since the
Robinsons have currently rejected other options, the City has
obtained an updated appraisal of $10,644 for remaining land
requirements (Figure 3). The Robinsons do not feel the project is
to their benefit. The City will pursue purchase of all platted lots
south of Spring Creek (Figure 3). This will provide the City with
the required property, and eliminate the need for a less than
desirable permanent drainage easement south of the channel. This
option does not salvage any developable lots. More open space is
provided along the corridor. Staff anticipates condemnation will
be necessary.
SUMMARY
Staff is making a recommendation for condemnation action for property owned by
Gwynn, Robinson, Peterson, Kincaid, and Clarke. This action is recommended
because negotiations have been unsuccessful and no resolution is foreseen in the
near future. Condemnation will also be required to clear title on the Campus
Gardens, Inc. parcel.. Staff is not aware of the property owners obtaining their
own appraisal in any of these instances. This action will allow the City to take
possession of the land by January, 1992. At that time, the remaining tenants
will be given sufficient notice for relocation. Relocation activities will then
be coordinated with the tenants to accommodate convenient moving schedules. A71 '
tenants are to be relocated by June, 1992."
Manager of Storm Drainage Utility Bob Smith gave a slide presentation and outline
on this item. He stated negotiations are continuing and the project is on
schedule.
Councilmember Horak made a motion, seconded by Councilmember Winokur, to adopt
Resolution 91-151.
John Clarke, 706 E. Stuart, complimented staff for working with him regarding
this matter, but opposed the resolution stating the price offered for the
property was not adequate.
Louis Robinson, 1812 Lakeshore Circle and owner of six the lots in question,
requested that Council delay the eminent domain proceedings to allow him time
to consult with an attorney.
Right -of -Way Agent Ron Mills clarified that if both parties could not agree on
a price for the property then it would be left up to the courts to make the final
determination and stated Mr. Clarke did indicate that condemnation would be
necessary.
Councilmember Horak spoke in support of the resolution.
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' November 19, 1991
Councilmember Edwards spoke of the importance of the issue and stated that
negotiations need to be concluded quickly.
The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Fromme, Horak, Kirkpatrick, Maxey and Winokur. Nays: None.
THE MOTION CARRIED.
Ordinance No. 131, 1991,
Authorizing the Issuance of
Storm Drainage Revenue Bonds
Series 1991 Dated December 1, 1991
in the Aggregate Principal Amount of
The following is staff's memorandum on this item.
"EXECUTIVE SUMMARY
This Ordinance, which was unanimously adopted on First Reading on November 5,
provides for the issuance of $6,235,000 of Storm Drainage revenue bonds to cover
' the cost of capital projects in the City's storm drainage system. The proposed
1992 Budget identified the issuance of revenue bonds for the Stormwater Utility.
The market is extremely favorable for the issuance of bonds, and this Ordinance
provides for the issuance of $6,235,000 of Storm Drainage revenue bonds before
the end of the year to take advantage of this market. The net proceeds of the
sale of the bonds are to be expended for the acquisition of ROW, design, and
construction of improvements in the Stormwater Utility capital improvements
program. Capital projects are recommended that protect the health, property,
safety and welfare of existing and future basin inhabitants where the total
benefits are greater than the costs. The debt service on the bonds will be paid
from the revenues generated by the Stormwater Utility monthly capital fees and
developer basin fees from those basins using the bonds. By using debt service
financing for capital projects, the cost of improvements are spread over time
which helps to level out fees. It also allows for future development in the
basin and helps pay for improvements of benefit to basin inhabitants."
City Manager Steve Burkett noted the bonds had been sold.
Manager of Stormwater Utility Bob Smith gave a presentation on this item.
Councilmember Horak made a motion, seconded by Council member 'Edwards, to adopt
Ordinance No. 131, 1991 as amended on Second Reading.
Bond Counsel Loring Harkness read the changes into the record and noted the first
' amendments had been filed and made available for public inspection and therefore
would not be read into the record.
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November 19, 1991
Doug House, Kirchner Moore and Company, underwriter of the bonds spoke of the
aspects of purchasing bonds after the call date and clarified the bonds were not
available for early call until the after the loth year.
The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Fromme, Horak, Kirkpatrick, Maxey and Winokur. Nays: None.
THE MOTION CARRIED.
Items Related to Proposed 1992 Budget
Budget Agenda Review
Councilmember Horak requested that Item #31, Resolution 91-156 Adopting 1992
Recreation Fees and Charges, be pulled from the Consent Calendar.
Bruce Lockhart, 2500 E. Harmony Road, requested that Items #26, Second Reading
of Ordinance No. 120, 1991, Amending Chapter 26 of the Code Relating to Rates
for the Water and Wastewater Utility, and Item #32, Resolution 91-157 Approving
Appropriations for the Poudre Fire Authority for the Year 1992, be pulled from
the Consent Calendar.
Consent Calendar ,
Items 25-32 are being presented together in the Consent Calendar format. These
items have been reviewed and discussed at Budget Worksessions and are being
presented in this manner to expedite their adoption. As with the regular Consent
Calendar, any item may be withdrawn for discussion by any member of the Council,
staff or public and will be considered after the balance of the.Budget Consent
is adopted.
25.
This Ordinance, which was unanimously adopted on First Reading on October
15, amends the Code to increase the stormwater basin fee base rates, the
operations and maintenance base rate and the capital improvements base
rates of the stormwater utility fee.
The Storm Drainage Board has recommended approval of the 1992 budget and
the fee increases.
The recommended 1992 budget includes an overall rate increase of 6.0% in '
41
I
November 19, 1991
monthly water fees. The recommended 1992 budget also includes an overall
rate increase of 6.0% in monthly wastewater fees. This increase is based
upon the Utility's cost -of -service study. This Ordinance, which was
unanimously adopted on First Reading on October 15, amends the Code to
increase the water and wastewater rates by 6.0% for 1992.
27. Items Relating to the 1992 Downtown Development Authoritv Budget.
A. Second Reading of Ordinance No. 122, 1991, Appropriating the Annual
Expenditures for, Fixing the Mill Levy for, and Approving the Budget
of the Downtown Development Authority for the Fiscal Year Beginning
January 1, 1992, and Ending December 31, 1992.
This Ordinance, which was unanimously adopted on First Reading on October
15, sets the Downtown Development Authority mill levy at 4.05 mills and
adopts a 1992 DDA budget of $237,341.
B. Second Reading of Ordinance No. 123, 1991, Appropriating Revenue in
the Downtown Development Authority for Payment of Debt Service for
the Year 1992.
This Ordinance, which was unanimously adopted on First Reading on October
' 15, appropriates $1,298,000 for the payment of Downtown Development
Authority debt service for 1992.
28. Resolution 91-153 Adopting the 1992 Fees and Charges Schedule for Grandview
and Roselawn Cemeteries.
This resolution will increase the majority of cemetery fees and charges
by 5%. Some fees will remain the same. The recommended changes are
consistent with the revenues projected in the 1992 recommended budget
document.
29.
This Resolution establishes the 1992 fees and charges schedule at the
three City -owned golf courses.
30. Resolution 91-155 Adopting a Rate Schedule for the Use of Lincoln Center
Facilities.
Proposed rates for 1992 reflect an increase in some room rentals. New
rates remain comparable with other facilities in the area. The 1992
revenue projections are based on these fee changes.
31. Resolution 91-156 Adopting 1992 Recreation Fees and Charges
1 42
32.
November 19, 1991
In 1991, Recreation fees were frozen at the 1990 levels and the first
phase of a four-year phase -in of the Recreation Fee Policy was funded.
Year two of this phase -in is not a part of the recommended 1992 budget.
As a result, in order to balance the Recreation Fund for 1992, fees will
need to be raised to recover an additional $45,767 in revenues.
The City entered into an Intergovernmental Agreement with Poudre Fire
Authority on December 22, 1981 and amended on November 3, 1987. The
Agreement provides that the City will contribute to PFA's operation and
maintenance costs in accordance with the Revenue Allocation Formula.
In addition to the contribution to the Poudre Fire Authority according to
the RAF, this budget calls for the City to contribute an additional one
mill of City property tax to fund the Poudre Fire Authority's capital
needs. The Intergovernmental Agreement specifies sources of funding for
operation and maintenance costs. However, it does not identify sources
to fund capital needs, including land acquisition, construction of
additional stations, and acquisition of major fire fighting apparatus.
The additional 1 mill will generate an estimated $620,000 to be dedicated
to the funding of Poudre Fire Authority capital needs. ,
Ordinances on Second Reading were read by title by Molly Davis, Deputy City
Clerk.
25.
27. Items Relating to the 1992 Downtown Development Authority Budget.
Q
34.
the Year 1992.
43
November 19, 1991
January 1, 1992, and Ending December 31, 1992 and Fixing the Mill Levy
for Said Fiscal Year.
Ordinances on First Reading were read by title by Molly Davis, Deputy City Clerk.
35. Items Pertaining to Special Improvement Districts
Gib
14
36.
Councilmember Azari made a motion, seconded by Councilmember Fromme, to adopt
and approve all items not removed from the Budget Consent Calander.
The vote on Councilmember Azari's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Fromme, Horak, Kirkpatrick, Maxey and Winokur. Nays: None.
THE MOTION CARRIED.
Ordinance No. 121, 1991,
Relating to the Annual Appropriations
and Adopting the Budget for the Fiscal
Year Beginning January 1, 1992,
and Ending December 31, 1992, and Fixing the Mill Levy
for Said Fiscal Year, Adopted as Amended on Second Reading
The following is staff's memorandum on this item.
"EXECUTIVE SUMMARY
This Ordinance, which was unanimously adopted as amended on First Reading on
October 15, appropriates the 1992 Annual Budget in the amount of $220,795,665
and sets the mill levy at 9.797 mills.
The original Ordinance presented on first reading appropriated an Annual Budget
of $220,598,484. The following additions were made during the first reading:
General Fund - $164 550
$ 35,000 One-time funding for the purchase of an air quality visibility
monitor ($25,000) and operating expenses ($10,000) for the first
44
November 19, 1991
year. The current balance in the Air Quality Capital Fund will cover
the additional cost of purchasing the monitor. It is expected,
moreover, that the State will eventually operate the new monitor as
part of the State monitoring network, and our annual expense would
then reduce to zero.
20,000 One-time funding to increase the monies available for revolving air
quality loans to $70,000. In 1991, $50,000 was made available for
such loans.
39,918 Ongoing funds were added to the library budget for equipment
purchases, $24,918, and to increase the materials budget by $15,000
consistent with the second year of the library master plan.
20,000 Ongoing funds were added to the Human Services Budget to increase
it from $176,000 to $196,000.
16,000 Additional ongoing funds were added for the Police Service D.A.R.E.
program to help cover the D.A.R.E. officer's salary and for supplies
and operating expenses of the program.
33,632 One-time funds were added for transfer to the Recreation Fund to
begin the low-income scholarship fund identified in the Council ,
approved Recreation Fee Policy.
Recreation Fund - $33,632
$ 33,632 These funds are transferred from the General Fund to begin the low-
income scholarship fund.
BACKGROUND:
The following information highlights the changes that have been made, to date,
from the 1992 Budget as originally recommended by the City Manager.
General Fund
1. Revenue Projections Sales and Use Tax revenue projections were reduced
by $525,000. Revenue projections for Sales Tax collections were separated
from Use Tax collections. A 4.9% increase in Sales Tax over 1991 projected
was assumed while the Use Tax projections were assumed to remain at the
same level as in 1991. The combined estimates for Sales Tax with Use Tax
indicate that the overall estimated increase in collections will be 2.6Y
for 1992.
2. Expenditure Highlights - Additional resources that have been included in
the 1992 Recommended Budget to address the Council's Work Plan as well as '
other service needs are highlighted below -- this includes the additions
45
' November 19, 1991
that were made by Council during the first reading on October 15, 1991:
S 76,000 DARE/One additional officer
35,000 Air Quality Visibility Monitor ($25,000) and operating expenses
($10,000)
20,000 Additional dollars for Zilch air quality loans
39,918 Library equipment and materials
20,000 Additional dollars for human services programs
33,632 Increase dollars to the Recreation Fund to begin the low-income
scholarship program
7,500 Cultural Plan matching dollars
112,140 Natural Resources staffing for the Natural Areas Policy Plan
and hazardous waste programs
60,000 Airport maintenance -- City's match related to $1.2 million
of capital improvements
18,000 Trail maintenance to accommodate growth in the City's trail
system
15,551 Traffic Enforcement (net dollars) to fund an additional officer
for the Traffic Unit, a half-time Municipal Court Prosecutor,
and a quarter -time Municipal Court Clerk.
8,959 Creekside Park Maintenance
15,000 National Heritage Area
20,000 Police Overtime
50,000 Development Services Analyst to work on the Cost of Growth
Study, North College Revitalization Plan and the I-25 Corridor
Plan
21,700 Lincoln Center Phone System
60,000 Water Charges for City facilities
2,500,000 Choices 95 capital projects (1992)
620,000 PFA capital improvements
654,525 Facilities Maintenance Projects (Epic, Outdoor pool, etc.)
60,000 Boltz Junior High Youth Sports Field development ($45,000) and
maintenance ($15,000)
3. Expenditure Reductions - To accommodate the reduced revenue projections,
the following items were taken out of the General Fund appropriations:
$ 92,000 Pilot program for Old Town Policing
100,000 Additional dollars for Natural Areas Acquisition
54,000 Reductions in various departments/programs
69,239 Minor Street Capital
70,732 PFA revenue allocation formula was adjusted to reflect the
sales and use tax reduction
100,000 Linden Block improvements
40,000 Water Charges for City facilities"
' City Manager Steve Burkett gave a presentation outlining changes made during the
October meeting regarding the tennis program and the DARE program.
46
November 19, 1991 '
Director of Cultural, Library and Recreational Services Mike Powers addressed
issues relating to the tennis courts and responded to Council questions. He
noted there is interest in privatizing the tennis operation.
Councilmember Horak spoke of concerns regarding the traffic, DARE, and Quality
Improvement programs.
Chief of Police Fred Rainquet stated that between $1,000 and $1,250 would be
allocated for Quality Improvement training in the Police Department.
Councilmember Fromme spoke of the added funding for an additional traffic officer
and stated that the position would pay for itself since it's a revenue generating
position.
City Manager Steve Burkett commented on the costs and studies involved with the
addition of a Traffic Control Officer and stated the revenue generated is
generally equivalent to the cost.
Burkett reported on the money spent on salaries and benefits of the Quality
Improvement program and stated the training received in the program offers the
citizens better quality of service.
Councilmember Winokur made a motion, seconded by Councilmember Azari, to adopt I
Ordinance No. 121, 1991 on Second Reading.
Councilmember Horak made a motion, seconded by Councilmember Fromme, to amend
Ordinance No. 121, 1991 increasing the amount for Natural Areas Acquisition Fund
from $0 to $200,000.
Councilmember Horak expressed concern that properties will become more expensive
if delays continue.
Director of Cultural, Library and Recreational Services Mike Powers said there
is money allocated for natural area funding in three separate accounts and stated
there is $200,000 in the Natural Area Acquisition Fund that was not expended in
1991.
Natural Resources Administrator Tom Shoemaker reported that an extensive
inventory of natural areas in the urban growth area had been completed noting
half of the 8800 acres inventoried were lakes and reservoirs.
Gina Janett, 620 Colorado Street representing Citizen Planners, recommended the
City adopt and implement a Natural Areas Policy Plan and urged Council to expend
the 1991 funds and allocate more money in the 1992 budget for the purchase of
natural areas.
47
November 19, 1991
Dorothy Udall, Environmental Chairperson of the Larimer County League of Women
Voters, requested Council adopt the full amount of the amendment.
Dick Wallace, 1901 Wallenberg Drive, supported the restoration of the funds in
the natural areas acquisition and suggested adding an additional $20,000 to the
cemetery fund. He inquired about employee benefit contributions.
Bob O'Rourke, 3809 Crest Drive, commended Council for its attention to open
space and urged purchase of available open space before the developers acquire
it.
Ed Secor, 621 Laporte Avenue, spoke in support of the additional funding.
James Crumb, 636 Hanna Street, expressed disappointment that the funds allocated
for natural area acquisitions had not been spent.
Mark Shepler, 605 Cook Drive representing Poudre Canyon Group of the Sierra Club,
urged Council to approve additional funding for the natural areas.
Brian Giles, Fort Collins president of the Native Plant Society, supported the
purchase of natural areas.
' Bruce Lockhart, 2500 E. Harmony Road, opposed the motion stating voters declined
the 1% sales tax proposal in the past to raise money for the purchase of natural
areas.
George Fibaro, 420 E. County Road 66, spoke in support of the motion.
Kelly Ohlson, 2040 Bennington Circle, said a plan needs to be implemented and
acted on in a timely manner before all the land is purchased by developers.
Councilmember Horak supported the motion stating more money should be added to
the fund.
Mayor Kirkpatrick spoke in support of the motion and reported that there is
genuine community interest in creating a Natural Areas Policy Plan.
Councilmember Azari opposed the motion stating a policy plan should first be in
place.
Councilmember Fromme stated the funding should be built into the annual budget
noting the land won't be available for long.
Councilmember Maxey concurred with Councilmember Azari.
The vote on Councilmember Horak's motion to amend Ordinance No. 1221, 1991 was
as follows: Yeas: Councilmembers Edwards, Fromme, Horak, Kirkpatrick, and
Winokur. Nays: Councilmembers Azari and Maxey.
48
November 19, 1991 '
THE MOTION CARRIED.
Councilmember Winokur made a motion, seconded by Councilmember Horak, amending
Ordinance No. 121, 1991 adding $165,928 in the Special Assessment Debt Service
Fund.
Councilmember Winokur spoke of the importance of retiring the principal and
interest on Special Improvement District Bonds.
The vote on Councilmember Winokur's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Fromme, Horak, Kirkpatrick, Winokur and Maxey. Nays: None.
THE MOTION CARRIED.
Councilmember Fromme made a motion, seconded by Councilmember Edwards, to amend
Ordinance No. 121, 1991 to fund two additional Traffic Enforcement Officers for
a total cost of $60,000.
Councilmember Fromme spoke of concerns regarding traffic fatalities attributed
from the lack of Traffic Enforcement Officers. She noted it would be a revenue
generating position that would pay for itself.
Chief of Police Fred Rainquet responded to Council questions and spoke of ,
reallocation options including a reduction of staff in one area to add to another
area.
Councilmember Edwards expressed concerns regarding the public perception that
more tickets will be issued to cover the cost of an additional officer.
Brad Hurst summarized staffing increases from 1988 to the present and stated
the ability to .deliver services has improved.
Councilmember Azari opposed the motion and said Council should allow the Chief
to manage the department budget.
The vote on Councilmember Fromme's motion to amend was as follows: Yeas:
Councilmembers Fromme and Horak. Nays: Councilmembers Azari, Edwards,
Kirkpatrick, Winokur and Maxey.
THE MOTION FAILED.
Councilmember Maxey made a motion, seconded by Councilmember Edwards, to amend
Ordinance No. 121, 1991 to include $50,000 for historic preservation.
Councilmember Maxey stated providing funds for enhancing historic preservation
was an ongoing commitment of the Council. ,
49
November 19, 1991
Councilmember Azari stated she would not be supporting the motion until there
were more funds available.
Mayor Kirkpatrick stated although she believed it was a community concern she
did not consider it as high a priority as the natural areas.
The vote on Councilmember Maxey's motion was as follows: Yeas: Councilmembers
Edwards and Maxey. Nays: Councilmembers Azari, Fromme, Horak, Kirkpatrick and
Winokur.
THE MOTION FAILED.
Councilmember Azari made a motion, seconded by Councilmember Horak, to amend
Ordinance No. 121, 1991 adding an additional $209,287 for the purpose of
implementing the second year of the Recreation Fee Policy with the funds being
taken from the Contingency Fund balance from the General Fund.
Bruce Lockhart, 2500 E. Harmony Road, opposed the amendment stating users should
pay the difference.
Bob McClusky, Parks and Recreation Boardmember, stated Council should implement
old policies before committing funds for new policies.
' The vote on Councilmember Azari's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Fromme, Horak, Kirkpatrick, Maxey and Winokur. Nays: None.
J
THE MOTION CARRIED.
Councilmember Horak made a motion, seconded by Councilmember Fromme, to amend
Ordinance No. 121, 1991 eliminating $90,300 from the Quality Improvement Program.
Councilmember Horak said the process is expensive and there is no documentation
available regarding the end result.
City Manager Steve Burkett expressed confidence that the program will be
effective in improving the quality and productivity of services the City offers.
Utilities Director Rich Shannon spoke of the positive aspects of the Quality
Improvement program.
Councilmember Fromme stated her reservations concerning the costs as well as the
program. She commented that the program was a replacement for management.
Councilmember Azari opposed the motion and spoke of the importance of the
program.
50
November 19, 1991 '
Councilmember Edwards stated he supported providing the funds to the City Manager
for training and noted it was not Council's role to evaluate the City's
management theory.
The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers
Fromme and Horak. Nays: Councilmembers Azari, Edwards, Kirkpatrick, Maxey and
Winokur.
THE MOTION FAILED.
Al Linck, 1406 Springwood Drive, Board President of One West, requested Council
support for the continued preservation and maintenance of the One West Center
by either; 1) supporting it with $50,000 annually for services rendered for the
continued preservation an architectural landmark, or 2) purchase the building
and lease it to One West.
Gary Peterson, 1805 Crestmore Place, opposed funding for the DARE program stating
he believed it was shallow and inept.
Anthony Denardo, 460 South Meldrum, opposed funding for the DARE program and
stated that funding DARE serves a political agenda and not a community interest.
He alleged the program does not provide correct information.
Jack Ewing, 3112 Meadowlark and One West Treasurer, stated the majority of '
funding for One West is received from private sources and member contributions
and those funds have been used to renovate and restore the structure.
John Fisher, 3725 Michaud Lane, supported utility code changes regarding making
Ir
time payments for water plant investment fees.
Councilmember Maxey expressed his concerns relating to the budget and stated he
believed expenditures should be modified due to the lack of revenues.
Councilmember Winokur stated he was pleased by the increased citizen
participation at the meeting and concurred with Councilmember Maxey's concerns.
Councilmember Fromme recognized the staff for its work.
Councilmember Edwards stated that a determination needs to be made regarding the
direction of the DARE program.
The vote on Councilmember Winokur's motion to adopt Ordinance No. 121, 1991 as
amended was as follows: Yeas: Councilmembers Azari, Edwards, Fromme, Horak,
Kirkpatrick, Maxey and Winokur. Nays: None.
THE MOTION CARRIED.
51
' November 19, 1991
Ordinance No. 120, 1991,
Amending Chapter 26 of the Code
Relating to Rates for the Water and
Wastewater Utility Adopted on Second Reading
The following is staff's memorandum on this item.
"EXECUTIVE SUMMARY
The recommended 1992 budget includes an overall rate increase of 6.0% in monthly
water fees. The recommended 1992 budget also includes an overall rate increase
of 6.0% in monthly wastewater fees. This increase is based upon the Utility's
cost -of -service study. This Ordinance, which was unanimously adopted on First
Reading on October 15, amends the Code to increase the water and wastewater
rates by 6.0% for 1992."
Councilmember Horak made a motion, seconded by Councilmember Edwards, to adopt
Ordinance No. 120, 1991.
Bruce Lockhart, 2500 E. Harmony Road, stated he disagreed with the increase in
water rates and questioned the City's motivation in conserving water when it does
not pay its own water bill.
' City Manager Steve Burkett clarified that $60,000 was included in the budget for
phasing in payment for the City's water bill.
The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Fromme, Horak, Kirkpatrick, Maxey and Winokur. Nays: None.
THE MOTION CARRIED.
Resolution 91-156
Adopting 1992 Recreation
Fees and Charges. Adopted as Amended.
The following is staff's memorandum on this item.
"FINANCIAL IMPACT
Adoption of this resolution will result in a balanced Recreation Fund budget for
1992. By raising fees, an additional $45,767 in revenue is anticipated, which
is a savings to the General Fund.
EXECUTIVE SUMMARY
In 1991, Recreation fees were frozen at the 1990 levels and the first phase of
a four-year phase -in of the Recreation Fee Policy was funded. Year two of this
52
November 19, 1991 '
phase -in is not a part of the recommended 1992 budget. As a result, in order
to balance the Recreation Fund for 1992, fees will need to be raised to recover
an additional $45,767 in revenues.
The following fees are targeted for increases.
ACTIVITY 1991 FEE 1992 FEE
Ice patch and freestyle skating 4.00/hour. 4.50/hour
Ice rental
Prime time 87.00/hour 92.00/hour
Non -prime time 77.00/hour 82.00/hour
Late Night 67.00/hour 72.00/hour
Pool rental
Affiliated group rental (FAST, Poudre R-1, CSU)
25 yd/25 meter-- prime time 3.35/7ane hour 3.50/1ane hour
non -prime time 2.95/7ane hour 3.10/1ane hour
50 meter-- prime time 7.30/7ane hour 7.65/Iane hour
non -prime time 6.40/7ane hour 6.70/7ane hour
Arts and Crafts
General classes 2.15/instr. hr. 2.25/instr. hr.
Pottery classes-- adult 3.25/instr. hr. 3.40/instr. hr. '
youth 2.00/instr. hr. 2.10/instr. hr.
Pottery lab 50.00 53.00
Farm Activities
Day camp 90.00 95.00
Peewee farmers 3.00/instr. hr. 3.25/instr. hr.
After -school farmers 3.00/instr. hr. 3.25/instr. hr.
Pony riding lessons 5.00/instr. hr. 5.50/instr. hr.
Barnbuster Burnout 80.00 85.00
Youth activities
After -school classes 2.50/instr. hr. 3.00/instr. hr.
Playgrounds/tot lots 25.00135.00 27.00137.00
General classes 3.50/instr. hr. 4.00/instr. hr.
Movement classes 2.50/instr. hr. 3.00/instr. hr.
Specialty classes 5.00/instr. hr. 5.50/instr. hr.
Special events 2.50/instr. hr. 3.50/instr. hr.
Funtime 2.05/instr. hr. 2.30/instr. hr.
Gymnastics 3.00/instr. hr. 3.50/instr. hr.
Drop - in gym and Northside Aztlan Community Center
Single admission 1.25 1.50
Gym rental
Community 17.00/ct. hr. 19.00/ct. hr.
Commercial 35.00/ct. hr. 38.00/ct. hr.
Adult sports leagues
Sponsor fee ,
Basketball League 200.00/team 210.00/team
53
LF]
November 19, 1991.
Flag Football league 210.00/team 215.00/team
Softball league-- slow pitch 365.00/team 375.00/team
fast pitch 365.00/team 385.00/team
Volleyball league 110.00/team 115.00/team
Tennis and volleyball classes
Volleyball classes 30.00 32.00
Group tennis classes-- youth 3.25/instr. hr. 3.50/instr. hr.
adult 4.35/instr. hr. 4.65/instr. hr.
Private/semi-private tennis
Half hour private
Hour private
Half-hour semi -private
Hour semi -private
Youth sports
Basketball, Softball
Football
Volleyball
Room rentals
Community
Commercial
Showmobile rental
Basic unit
Basic unit plus one row
Basic unit plus two rows
Transportation of unit
Local
Out of town
Field and court rental to
Baseball/softball fields
Soccer fields
Tennis courts
lessons
28.00
56.00
20.00
40.00
25.00
30.00
7.00117.00
From 12.00/hr
From 30.00/hr
125.00/day
200.00/day
285.00/day
50.00
50.00+2.50/mi.
affiliated groups (YBB,
2.00/game
1.81/hour
.70/ct. hr.
30.00
60.00
22.00
44.00
26.00
36.00
9.00120.00
From 15.00/hr.
From 35.00/hr.
175.00/day
250.00/day
350.00/day
60.00
60.00+3.00/mi.
Soccer, FCTA, etc.)
2.10/game
1.91/hour
.74/ct. hr.
At its regular meeting on September 25, 1991, the Parks and Recreation Board
voted not to support the 1992 Recreation Division Fees and Charges as submitted
by staff. The Board urged Council to consider funding of the second year of the
Recreation Fee Policy so that fees could begin to be reduced."
City Manager Steve Burkett noted that he provided Council with a copy of the new
resolution containing an additional $209,000 in the Recreation Fund which allows
for fee reductions in the previous resolution.
Councilmember Winokur made a motion, seconded by Councilmember Horak, to adopt
Resolution 91-156 as revised.
The vote on Councilmember Winokur's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Fromme, Horak, Kirkpatrick, Maxey and Winokur. Nays: None.
I
THE MOTION CARRIED.
54
November 19, 1991 '
Resolution 91-157 Approving Appropriations
The following is staff's memorandum on this item.
"FINANCIAL IMPACT
This budget provides $6,185,714 for operations and maintenance needs of the
Poudre Fire Authority in 1992 based upon the Revenue Allocation Formula (RAF).
The 1992 RAF is .303 of one cent of the City's.sa7es & use tax applicable to
taxable sales and uses, and 5.177 mi11s of the operating mill levy of the City's
property taxes. The budget also provides for an additional one mill, generating
an estimated $620,000 for PFA capital needs for 1992.
"EXECUTIVE SUMMARY
The City entered into an Intergovernmental Agreement with Poudre Fire Authority
on December 22, 1981 and amended on November 3, 1987. The Agreement provides
that the City will contribute to PFA's operation and maintenance costs in
accordance with the Revenue Allocation Formula.
In addition to the contribution to the Poudre Fire Authority according to the '
RAF, this budget calls for the City to contribute an additional one mill of City
property tax to fund the Poudre Fire Authority's capital needs. The
Intergovernmental Agreement specifies sources of funding for operation and
maintenance costs. However, it does not identify sources to fund capital needs,
including land acquisition, construction of additional stations, and acquisition
of major fire fighting apparatus. The additional I mill will generate an
estimated $620,000 to be dedicated to the funding of Poudre Fire Authority
capital needs.
The Intergovernmental Agreement also specifies that the Poudre Fire Authority
Board shall submit its proposed budget to the respective governing bodies, the
City and the Poudre Valley Fire Protection District. This proposed budget has
been submitted and available for Council review. The budget becomes the
Authority budget only after approval of the appropriations by the respective
governing bodies and final adoption of the budget by the Poudre Fire Authority
Board of Directors.
Adoption of the Resolution will approve the Poudre Fire Authority 1992 budget."
Councilmember Horak made a motion, seconded by Councilmember Edwards, to adopt
Resolution 91-157.
Bruce Lockhart, 2500 E. Harmony Road, opposed the expenditures for the new fire
station.
55 1
I
November 19, 1991
The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Fromme, Horak, Kirkpatrick, Maxey and Winokur. Nays: None.
THE MOTION CARRIED.
Items Pertaining to
Special Improvement Districts.
The following is staff's memorandum on this item.
"EXECUTIVE SUMMARY
A. Resolution 91-125 of the Council of the City of Fort Collins Authorizing
the Foreclosure of Certificates of Purchase.
B. Hearing and First Reading of Ordinance No. 109, 1991, of the Council of
the City of Fort Collins Amending Chapter 22 of the Code of the City of
Fort Collins Pertaining to Special Improvement Districts.
C. Hearing and First Reading of Ordinance No. 134, 1991, Amending the Lien
Enforcement Provisions of the Code Pertaining to Special Improvement
' Districts.
Ordinance No. 134, 1991, would make several changes to Chapter 22 of the Code
having to do with the foreclosure of special assessment liens. It replaces
Ordinance No. 109, 1991, which was presented to Council on September 17 and
tabled to this date. The amended language would: (1) describe in detail the
process for acquiring certificates of purchase and selling the certificates or
the underlying property; (2) provide for the disposition of the proceeds of sale
of the property; and (3) validate all sales of property or certificates of
purchase when they have been sold for fair market value.
BACKGROUND:
The City presently holds approximately $7.2 million dollars' worth of
certificates of purchase representing the sale of properties in nine special
improvement districts.
When these items were first presented to Council on September 17, there were more
extensive Code amendments proposed. A resolution was also presented to Council
which would have authorized the foreclosure of the certificates of purchase which
the City holds.
Since that time, staff has restructured these items so as to separate out the
more controversial proposals, i.e., those dealing with alternative foreclosure
methods and penalty interest. Those items will be presented to Council again
at a later date, after there has been an opportunity for more dialogue between
56
November 19, 1991 '
the City and affected members of the community.
Thus, the ordinance being presented for Council's consideration tonight addresses
only those Code amendments which are perceived to be non -controversial in nature
and which are intended to facilitate the foreclosure process which the City has
historically used.
Ordinance No. 134, 1991, would result in the following changes to the Code of
the City:
Language would be added to this section in subparagraph
(a) to clarify that no specific authorization by the
Council is necessary for the City's Financial Officer
to acquire a certificate of purchase for delinquent
property when there is no bid for the property at the
County Treasurer's sale and the property is stricken off
to the City as required by law.
Subparagraph (b) would authorize the Financial Officer
to assign to third parties any certificates of purchase
held by the City. (This authority already exists under
the present wording of the Code, but the enabling
language would be reworded and moved to this new '
subparagraph.)
Subparagraph (c) would set forth the City's right to
apply for deeds on certificates of purchase which the
City holds and would specifically empower the Financial
Officer to pay from the General Fund of the City all
general taxes and related fees and costs which may have
become due on such property.
Subparagraph (d) would authorize the City to sell any
property which it may obtain through the foreclosure of
its assessment liens; such sales could be held in any
manner that the City Council deemed appropriate.
Subparagraph (e) would spell out the manner in which the
proceeds of any sale of property would be applied.
First, the City would reimburse itself for all expenses
incurred in securing title to the property. Next, the
proceeds would be credited to the fund created for the
payment of assessments. In the event that the'amount
credited exceeds the amount needed to retire the
district bonds, the City would be entitled to transfer
any such excess either into its Surplus and Deficiency
Fund or to its General Fund.
57 '
' November 19, 1991
Subparagraph (f) would expressly validate all sales of
property or certificates of purchase when such
certificates of purchase or property have been sold for
fair market value.
Ordinance No. 134, 1991, would clarify the manner in which the City should
proceed in acquiring and disposing of property under its foreclosure process
which has been historically used by the City."
After a recommendation by City,Attorney Steve Roy, Councilmember Horak made a
motion, seconded by Councilmember Edwards, to table Resolution 91-125
indefinitely and to take no action on Ordinance No. 109, 1991.
The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Fromme, Horak, Kirkpatrick, Maxey and Winokur. Nays: None.
THE MOTION CARRIED.
Councilmember Horak made a motion, seconded by Councilmember Azari, to adopt
Ordinance No. 134, 1991.
Pete Dallow noted surplus funds would be returned to the General Fund after the
' bonds had been paid.
The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Fromme, Horak, Kirkpatrick, Maxey and Winokur. Nays: None.
THE MOTION CARRIED.
Ordinance No. 135, 1991,
Adopting the 1992 City of Fort Collins
The following is staff's memorandum on this item.
"FINANCIAL IMPACT
As a part of the 1992 Recommended Budget, Personal Services costs are budgeted
to increase 5.5% overall or $1,010,617 in the General Fund and $1,383,966 in
non -General Funds. Personal Services costs include such items as the Total
Compensation plan for classified employees (salaries, medical insurance, and
salary driven benefits) as well as step increases for classified employees,
unclassified salaries and benefits, and charges for worker's compensation and
unemployment insurance. Upon completion of the Total Compensation survey, the
total Personal Services base is projected to increase by 6Y. This exceeds the
funds budgeted for Personal Services adjustments, so staff is recommending that
. implementation of the Total Compensation portion of Personal Services be delayed
by three pay periods in order to meet the budgeted funds.
November 19, 1991 '
EXECUTIVE SUMMARY
In accordance with the Council's policy and the adopted budget,. each year the
City Council adopts the pay plan which sets the salaries of City employees.
City Council adopted a Total Compensation Financial Policy which takes into
consideration the salary paid to employees and the cost of providing benefits.
The Total Compensation Plan is designed to meet the City's goal as an employer
to attract and retain quality employees and also to recognize and reward quality
performance by establishing a goal of compensating employees who are performing
at the top of their range at the 70th percentile of the relevant labor market.
1992 represents the second year in which the City has used the Total
Compensation approach to set pay and benefits for employees.
Implementation of the Total Compensation plan will be delayed three pay periods
and will go into effect on February 17, 1992. The delay is necessary to
accommodate the Council's policy and still remain within the funds budgeted for
1992 salaries and benefits.
BACKGROUND
Each year the City sets its compensation rates based on the Council's Total
Compensation Financial Policy. The policy sets the top level of City classified '
employee salaries and benefits at the 70th percentile of the established labor
market. The pay range and benefit adjustments from one year to the next are
based on a survey of other Colorado municipalities and northern Colorado private
employers.
Total Compensation is defined as the sum of the salary paid and the City's cost
for benefits which are provided to compensate an employee for work performed.
The objective of the Total Compensation plan is to pay employees fairly,
competitively and in a way that is understandable. Factors which enter into the
calculation of total compensation include the employer's costs for salary,
medical, life, disability, and dental insurance, pensions, vacations, holidays,
and any other benefits which an employer might provide to its employees. The
assumptions about the components of total compensation have not changed since
the adoption of the 1991 Total Compensation Plan.
After completing the Total Compensation surveys, staff projects the City-wide
salary increase will average 3.21%. The remainder of the funds budgeted for
Personal Services increases will cover increased costs for salary driven
benefits, unemployment and worker's compensation insurance, step increases,
unclassified salary adjustments and contingency items. In addition, medical
insurance premiums for 1992 have increased by 10Y. The increase in total
compensation for classified employees will average 3.86Y. Agenda Item Exhibit
A lists the 1992 salary and total compensation increases for each of the City
pay families. '
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' November 19, 1991
Unlike previous years, the effective date of the total compensation changes will
be in February. In previous years, salary changes took effect in January, but
in 1992 implementation will be delayed to fit within the funds budgeted for
Personal Services increases. This delay represents the first three full pay
periods of 1992.
On November 12, the City Personnel Board reviewed the results of the survey,
discussed the methodology and found the survey to be sound and appropriate. The
findings of the Personnel Board are attached as Agenda Item Exhibit B.
Also attached for Council's reference is a complete copy of the 1992 Total
Compensation Pay Plan (Exhibit Q . It includes salary ranges for each
classified position and appropriate pay equity amounts, in compliance with the
City's Comparable Worth policy.
The total compensation figures do not include any salary increases which may be
awarded to unclassified department heads, division heads and service directors.
Funds for these unclassified adjustments are included in the Personal Services
budget, and are projected to average the same as adjustments for classified
employees. Adjustments to these employee's salaries are based on performance and
will not be known until performance evaluations are complete, later this year.
As with classified employees, who are covered by the Total Compensation pay
plan, salary adjustments for unclassified management employees will be
implemented on February 17, 1992."
Councilmember Azari made a motion, seconded by Councilmember Edwards, to adopt
Ordinance No. 135, 1991 on First Reading.
Personnel Operations Manager Ann Turnquist outlined the salary surveying process
and clarified for Council the increases in the General Fund did not include new
positions.
Councilmember Horak stated he would not support the ordinance and does not
support the 70th percentile concept.
Councilmember Fromme opposed the ordinance stating that a 6% increase was
excessive.
Mayor Kirkpatrick spoke in support of the ordinance stating that paying
employees in the 70th percentile attracts a higher quality of employees. She
remarked that there might be confusion with regards to total compensation versus
salary.
Councilmember Azari spoke in support of the total compensation philosophy.
The vote on Councilmember Azari's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Kirkpatrick, Maxey and Winokur. Nays: Councilmembers Fromme
and'Horak.
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November 19, 1991 '
THE MOTION CARRIED.
Resolution 91-152
Designating the Colorado Airport
Operators Association as the City's Agent
for the Preparation of Part I of the National
Pollutant Discharge Elimination Process Stormwater
Group Application; Requesting Assistance of the
Department of Transportation Aeronautics Division;
and Authorizing the Colorado Aeronautical Board to
Issue Funds on Behalf of the Fort Collins -Loveland
Municipal Airport to the Colorado Airport Operators Association, Adopted.
The following is staff's memorandum on this item.
"EXECUTIVE SUMMARY
The Federal Clean Water Act of 1987 and the Colorado Department of Health
require airports to obtain a general industry permit for discharging stormwater
runoff into the waters of the United States and the State of Colorado. The
Colorado Airport Operators Association acting on behalf of the 70 public -use '
airports in the state, has obtained professional consulting services for the
preparation of Part I of the group application which will include the Fort
Collins/Loveland Municipal Airport. The cost for this service is $180 per
airport. The Colorado Aeronautical Board will issue a grant on behalf of the
City covering the cost if, in accordance with State law, the governing board of
the Airport requests assistance from the Aeronautics Division of the Colorado
Department of Transportation. This Resolution serves as the City's formal
request for this assistance."
Councilmember Maxey stated he did not feel he had a conflict of interest
concerning the item.
All Councilmembers concurred with Councilmember Maxey.
Councilmember Horak made a motion, seconded by Councilmember Azari, to adopt
Resolution 91-152.
The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Fromme, Horak, Kirkpatrick, Maxey and Winokur. Nays: None.
THE MOTION CARRIED.
61
November 19, 1991
Resolution 91-135 of the Fort Collins
City Council Establishing a Policy on Corporate
The following is staff's memorandum on this item.
"EXECUTIVE SUMMARY
The 1991-1993 Council work plan includes an item related to City membership in
outside organizations. This Resolution makes these membership decisions a
matter of policy for the Fort Collins City Council, defines what is a corporate
membership and specifically identifies those corporate memberships which the
City of Fort Collins will hold.
The policy established by this Resolution will not apply to agencies or
organizations that enter into contracts for services with the City.
The Resolution also allows additional corporate memberships to be purchased,
provided Council is notified in writing by the City Manager of the intent to
purchase such a membership prior to doing so; this process would afford the
Council an opportunity to direct that a particular membership not be pursued if
it is not consistent with Council direction.
' The City's memberships in these organizations is not to be construed as a
donation. Staff believes that each organization provides information or
opportunities which enable the City to better meet the needs of its citizens.
The attached memo identifies the public purpose of each organization listed in
the resolution as well as provides information on the annual cost of
membership."
Councilmember Maxey made a motion, seconded by Councilmember Fromme, to adopt
Resolution 91-135.
Councilmember Horak made a motion, seconded by Councilmember Edwards, to amend
Resolution 91-135 deleting in Section 2 the "Fort Collins Area Chamber of
Commerce".
Al Bacilli, 520 Galaxy Court, urged Council to support the amendment to the
motion.
Mayor Kirkpatrick spoke in opposition to the motion stating that not joining the
Chamber precludes the City from joining other community organizations.
Councilmember Azari did not support the motion and remarked there needs to be
communication between representatives from the City and the Chamber to determine
if it would be beneficial for the City to become a Chamber member.
62
November 19, 1991 1
Councilmember Edwards stated belonging to the Chamber does not benefit the
citizens of Fort Collins and he supported the motion.
The vote on Councilmember Horak's motion to amend was as follows: Yeas:
Councilmembers Edwards, Fromme, Horak, and Winokur. Nays: Councilmembers
Azari, Kirkpatrick and Maxey.
THE MOTION CARRIED.
The vote on Councilmember Maxey's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Fromme, Horak, Kirkpatrick, Maxey and Winokur. Nays: None.
THE MOTION CARRIED.
Other Business
Councilmember Maxey made a motion, seconded by Councilmember Edwards, to adopt
Resolution 91-158 of the Council of the City of Fort Collins Adopting a Policy
for the Time Payment of the Water Plant Investment Fee in Accordance with
Section 26-120(a) of the Code of the City of Fort Collins.
Councilmember Maxey spoke in support of the resolution.
Councilmember Winokur spoke of his concerns in allowing time payments and stated '
he did not feel comfortable enacting a small piece of a policy when the entire
demand management issue had not been addressed.
The vote on Councilmember Maxey's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Fromme, Horak, Kirkpatrick and Maxey. Nays: Councilmember
Winokur.
THE MOTION CARRIED.
Councilmember Fromme requested a written report regarding the status of the
LaPorte America lot purchase and the Lee Martinez Farm Land purchase. She
requested staff prepare a worksession item for the first of the year addressing
the DARE program.
63
November 19, 1991
Adjournment
The meeting adjourned at 1:40 a.m.
all.4.4.A
M yor
ATTEST:
64