HomeMy WebLinkAboutMINUTES-11/03/1992-RegularNovember 3, 1992
' 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 3, 1992, 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, Horak, Kirkpatrick, Maxey and Winokur.
Councilmember Absent: Fromme
Staff Members Present: Burkett, Krajicek, Roy.
Citizen Participation
Brian Werner, Golf Board Member, 2640 Avocet Road, had concerns with the process
that was used in the hiring of the SouthRidge Golf Pro. Mr. Werner objected to
the rejection of the Golf Board's recommendation in hiring the Pro at SouthRidge
Golf Course. He suggested that if the City does not follow the Board's
recommendation, its participation should be eliminated. He stated that if a
Board's decision was going to be reversed, staff needs to provide some
overwhelming evidence to do so.
Citizen Participation Follow-up
Councilmember Horak asked staff to respond.
City Manager Burkett asked Mike Powers, Director of Cultural, Library and
Recreational Services to address Mr. Werner's concerns.
Powers described the specifics of the hiring and appointment process.
Councilmember Horak asked why the Board recommended one person and Powers
recommended someone different.
Powers replied that the input he received from the Golf Board reflected its
concerns about technical golf experience. He stated the need for a balance
between technical competence and managerial competence. He stated that in his
opinion, the management side weighed more than the technical side and which the
reason for hiring a different candidate than the Board suggested.
Councilmember Horak asked if the criteria for hiring the golf pro were made known
to the Board and if there was a weighting factor associated with the RFP.
Powers stated that the criteria were spelled out in the request for proposal
package and added that each of the bidders who asked to respond to questions in
each of the areas. The Board also knew of the criteria and were asked to follow
' those when reviewing the candidates. All eight criteria were weighted equally.
November 3, 1992
Councilmember Horak asked if the Golf Board was provided with information on the
process and knew Powers would make the final decision.
Powers responded that the Board did receive information on the process and that
members were aware of his role in the process. He stated that the bidders were
also aware.
Councilmember Horak asked if Powers could provide the public with information on
the process and how the candidate was selected.
Powers stated that he would make that information available.
Councilmember Horak asked if staff would recommend any changes in the process for
the selection of a future Golf Pro.
Powers responded that community input in a selection process is valuable;
however, he would change the role of the Golf Board. He suggested the
involvement of the Manager of Golf would be of value in the selection process.
Councilmember Edwards stated procedure was that two members of the Golf Board
served on a selection committee and recommended a candidate to the entire Golf
Board. The Board then reviewed and approved that recommendation and forwarded
that recommendation to the Director of Cultural, Library and Recreational I
Services who then made the final decision. In this instance, the Golf Board
expressed its desire to be involved completely and to interview the four
finalists.
Powers agreed and noted this was a change from prior golf pro selections.
Agenda Review
City Manager Burkett stated there were no changes to the agenda as published.
Councilmember Maxey requested that Item #11, Resolution 92-164 Finding
Substantial Compliance and Initiating Annexation Proceedings for the Greenstone
Annexation, be withdrawn from the Consent Calendar.
Consent Calendar
This Calendar is intended to allow the City Council to spend its time and energy
on the important items on a lengthy agenda. Staff recommends approval of the
Consent Calendar. Anyone may request an item on this calendar to be "pulled" off
the Consent Calendar and considered separately. Agenda items pulled from the
Consent Calendar will be considered separately under Agenda Item #13, Pulled
Consent Items. I
7. Consider approval of the minutes of the regular meeting of October 6.
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10.
November 3, 1992
This Ordinance, which was unanimously adopted on First Reading on October
20, streamlines the application process, giving applicants specific
guidelines and generally clarifying previously ambiguous sections.
This Ordinance will vacate excess right-of-way dedicated for the extension
of Mitchell Drive north of the Western Auto/Toys "R" Us site, located on
the east side of South College Avenue at Bockman Drive.
The property being considered for annexation is approximately 1.73 acres
in size and is located approximately 150' west of I-25 on the north side
of East Prospect Road. The property is located within the Urban Growth
' Area. The annexation is comprised of three parcels under separate
ownership. The property is currently vacant and zoned C, Commercial, in
the County. The proposed zoning for this annexation is H-B, Highway
Business with a Planned Unit Development (PUD) condition. Surrounding
properties to the north, east and west are zoned H-B, with a PUD
condition. The property to the south is zoned R-C, River Corridor.
The proposed Resolution determines that the annexation complies with the
Municipal Annexation Act and the Intergovernmental Agreement for the Fort
Collins Urban Growth Area, determines that a hearing should be established
regarding the annexation, and directs that proper notice be given of the
hearing. The hearing will be held at the time of first_ reading of the
annexation and zoning ordinances on December 15, 1992.
11. Resolution 92-164 Finding Substantial Compliance and Initiating Annexation
Proceedings for the Greenstone Annexation.
The property being considered for annexation is approximately 188 acres in
size and is located one mile south of Trilby Road, east of Lemay Avenue,
north of County Road 32, and west of County Road 11 (Timberline Road).
The property is under single ownership and is split by the Union Pacific
Railroad right-of-way and the Urban Growth Area Boundary. Approximately
90 acres, located west of the railroad, are located within the Urban
Growth Area. The remaining 98 acres, located east of the railroad, are
' currently located outside the Urban Growth Area. The property is
currently vacant and zoned FA-1, Farming, in the County. The proposed
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November 3, 1992 '
zoning for this annexation is R-L-P, Low Density Planned Residential with
a Planned Unit Development (PUD) condition.
The proposed Resolution determines that the annexation complies with the
Municipal Annexation Act and the Intergovernmental Agreement for the Fort
Collins Urban Growth Area, determines that a hearing should be established
regarding the annexation, and directs that proper notice be given of the
hearing. The hearing will be held at the time of first reading of the
annexation and zoning ordinances on December 15, 1992.
12. Routine Easements.
a. Sewerline Easement from John R. and Mildred F. Purma, 308 Anabel
Lane, needed to extend the existing sewerline from the property
owners backyard into Mae Street for easier maintenance. Monetary
consideration: $343.68
b. Waterline Easement from Ray R. Burgener, 1801 North Overland Trail,
needed to replace an abandoned waterline with a larger line
improving service to the area. Monetary consideration: $1,620
Items on Second Reading were read by title by City Clerk Wanda Krajicek
91
Second Reading of Ordinance No. 108, 1992, Amending the Code Pertaining to '
Contractors and Amending the Code Pertaining to the Functions of the
Building Review Board.
Items on First Reading were read by title by City Clerk Wanda Krajicek.
9. Hearing and First Reading of Ordinance No. 115, 1992, Vacating a Portion
of Mitchell Drive Right -of -Way.
17.
I3
19.
Items Relating to Colorado State University.
A. Hearing and First Reading of Ordinance No. 118, 1992, Amending
Certain Ordinances Previously Enacted by the Council Annexing Lands
Owned by the State Board of Agriculture For the Use and Benefit of
Colorado State University.
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November 3, 1992
Councilmember Azari made a motion, seconded by Councilmember Winokur, to adopt
and approve all items not removed from the Consent Calendar.
The vote on Councilmember Azari's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Horak, Kirkpatrick, Maxey, and Winokur. Nays: None.
THE MOTION CARRIED.
Resolution 92-164
Finding Substantial Compliance and
Initiating Annexation Proceedings
for the Greenstone Annexation, Adopted.
The following is staff's memorandum on this item.
"EXECUTIVE SUMMARY
The property being considered for annexation is approximately 188 acres in size
and is located one mile south of Trilby Road, east of Lemay Avenue, north of
County Road 32, and west of County Road 11 (Timberline Road). The property is
under single ownership and is split by the Union Pacific Railroad right-of-way
and the Urban Growth Area Boundary. Approximately 90 acres, located west of the
railroad, are located within the Urban Growth Area. The remaining 98 acres,
located east of the railroad, are currently located outside the Urban Growth
Area. The property is currently vacant and zoned FA-1, Farming, in the County.
The proposed zoning for this annexation is R-L-P, Low Density Planned Residential
with a Planned Unit Development (PUD) condition.
The proposed Resolution determines that the annexation complies with the
Municipal Annexation Act and the Intergovernmental Agreement for the Fort Collins
Urban Growth Area, determines that a hearing should be established regarding the
annexation, and directs that proper notice be given of the .hearing. The hearing
will be held at the time of first reading of the annexation and zoning ordinances
on December 15, 1992.
BACKGROUND:
The western 90 acres of the property are located within the Fort Collins Urban
Growth Area. The eastern, approximately, 98 acres are outside the UGA and
according to Section 4.0 of the Supplemental Regulations to the Larimer County
Comprehensive Zoning Resolution, "when a voluntary annexation petition is
approved by a municipality for an area which is located outside the current UGA
district, the annexed area shall be considered inside the Urban Growth Area.
Additionally, "effective January 1, 1988, a UGA boundary which divides an
' existing property may be administratively (by Larimer County) amended to conform
to the property ownership line." It was never the intention of the
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November 3, 1992 '
Intergovernmental Agreement to split property under single ownership with the UGA
boundary. The property to be annexed is made up of a single parcel under single
ownership.
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 of property in the UGA
when the property is eligible for annexation according to State law. One sixth
of the property boundary is contiguous to City limits, therefore the property is
eligible for annexation to the City of Fort Collins. The property is contiguous
to City limits as a result of the following annexations:
N: Graese Acres Annexation,
E: Union Pacific South Fourth Annexation,
W: Emerson Acres Annexation,
The current owner is:
Mr. Jay Stoner
605 S. College Ave.
Fort Collins, CO 80524
Planning and Zoning Board Recommendation: '
The Planning and Zoning Board will conduct a public hearing on the annexation and
zoning request at its regular monthly meeting on November 16, 1992. The Board's
recommendation will be forwarded to the City Council in time for first reading
of the ordinances annexing and zoning the area, scheduled for December 15, 1992."
Councilmember Maxey made a motion, seconded by Councilmember Edwards, to adopt
Resolution 92-164.
Councilmember Maxey stated that the Resolution was inconsistent with the
evolution of the annexation in that it does not recognize the railroad.
Tom Peterson, Director of Planning, responded that the State Annexation Law
states that railroads for purposes of annexation can be treated as just a line
on the map or as a piece of property. Most railroads are usually considered as
easements.
Councilmember Maxey stated that his concern was recommending something to
Planning and Zoning for eligibility, when in fact there was a snag in the
process.
Peterson responded that the proceedings for the Greenstone Annexation appear to
be correct.
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November 3, 1992
The vote on Councilmember Maxey's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Horak, Kirkpatrick, Maxey, and Winokur. Nays: None.
THE MOTION CARRIED.
Councilmember Reports
Councilmember Horak stated that he received a phone call from a concerned citizen
regarding loud parties. He stated that the citizen confronted the person who was
having the party to ask them to quiet down, however, it did not quiet down and
his automobile tire was slashed as a result. He stated that the Code relating
to reporting incidents regarding rental housing concerns, loud parties, etc.
should.be brought back for review.
Resolution 92-165
Authorizing the Mayor to Enter
Into an Intergovernmental Agreement with
Poudre R-1 School District for the
Joint Use of Transfort's Bus Wash and Fueling Facilities, Adopted.
The following is staff's memorandum on this item.
' "FINANCIAL IMPACT
The District would pay the city for all costs the District incurred at the
Transfort site. This includes the costs for fuel, bus washing, and participation
in repairs to these systems. The District would contribute up to $50,000 for the
improvement of the bus washer to change it from a brush to brushless washer.
The District would pay for all repayment costs to the Federal Transit
Administration if required.
EXECUTIVE SUMMARY
This agreement permits the District and the City to better maximize the
facilities at Transfort and to reduce the costs to the taxpayers for school and
public bus service. The District would use the facility at low use times and not
hinder the operations of Transfort or Care -A -Van. This action illustrates the
cooperative goals shared by the District and the City.
The City has requested The Federal Transit Administration waive all requirements
to pay back any portion of federal funds used in constructing the facility when
the District begins using the site. The FTA has not responded, but the District
has decided to enter into this agreement on the basis pay back costs to the FTA
would be less than constructing new fueling and bus washing facilities.
1 188
November 3, 1992 '
BACKGROUND:
District and Transfort staff have been discussing the joint use of Transfort's
bus wash and fueling station, and staff is requesting Council approval to
complete the agreement. There will be two Council actions required for this
project. First an Intergovernmental Agreement (IGA) must be signed permitting the
District use of the bus wash and fueling station. The second action is the sale
of 6 acres to the District adjacent to Transfort for a school bus maintenance and
storage facility.
Until now, staff has been unable to request the appropriate Council action
because the Federal Transit Administration hasn't provided a final ruling on the
federal payback cost for the joint use of the facilities, and it still hasn't
notified us of its final position. The District, however, would like to proceed
even without the final decision of the FTA. This process has taken over 9
months, and the District is very anxious to get the project built because it will
save substantial operation dollars by having this south side site. The District
decided to proceed when it realized its savings would be greater than the payback
costs to the FTA.
The School Board has approved the land purchase and the service concepts of the
IGA. The District will take action on the agreement in November. This project
meets the mission statement of the City of Fort Collins and Poudre School '
District R-1: "The City of Fort Collins and the Poudre School District R-1 will
work cooperatively to achieve for our citizens and customers products and
services of a higher quality than would be achieved by working separately, and
by so doing provide quality education and municipal services for citizens of all
ages at the lowest possible cost".
The IGA states the District will purchase fuel from the City at the City's cost
plus 2 cents per gallon to cover the City's transaction expenses. The District
will pay $50,000 to upgrade the bus wash and will receive credit for fronting
this expense at a rate of $5.00/wash. After receiving 10,000 washes
(approximately 2 yrs.), the District will be billed on a cost per wash basis.
The IGA term is for 10 years with the appropriate termination and default
clauses. In addition, the District has agreed to pay a portion of the repair and
future capital costs. If FTA requires a payback of federal capital, the District
would pay to the City the amount identified by FTA. Present estimates are
$70,000 to $80,000.
The land value was
determined to
be $18,303/acre by City Right -of -Way staff,
District staff, and
confirmed by
Don Shannon, M.A.I. Initially,
the site was
purchased by Light &
Power and the
improvements were paid by General
Fund Capital
Improvements Fund.
The proceeds
of $110,268 will be returned to
the Light &
Power Fund ($40,666)
and General
Projects Fund ($69,602).
The District plans to
start this project in 1992 and complete it by
summer 1993.
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' November 3, 1992
The two local issues concerning the construction of the District's bus
maintenance and storage building are the prairie dogs and the concerns of the
neighbors at Brittany Kno11s. Natural Resources has investigated the prairie dog
situation and has determined the disturbance or loss of this 6 acre site would
have little impact on the wintering birds of prey that feed on the prairie dogs.
The Natural Resources Department will continue to work with city departments and
adjacent developers to conserve and enhance a bird of prey habitat in the
vicinity.
The neighbors at Brittany Knolls are concerned with several items, but the main
issues seem to be with the design of the building, the impact on the scenic view,
and the city's Master Plan for the entire 60 acre site. A neighborhood meeting
was held at Transfort to present the project and hear the specific concerns.
Also, the neighbors attended a school board meeting, met with the architects and
the school's project manager, sent and received correspondence from the school
board and the Mayor, and attended the Planning & Zoning meeting. Through these
discussions the architects have increased and redesigned the landscaping plans
and the City will update the current Master Plan (when its time to expand
Transfort) to reflect changing conditions on the site. This update will reflect
more open space, elimination of a major southside service center, and the
projected expansion at Transfort.
' These changes were sufficient for most of the neighbors; however, several
neighbors are expected to attend the Council meeting to oppose the construction
of the school bus maintenance facility."
Councilmember Azari made a motion, seconded by Councilmember Maxey, to adopt
Resolution 92-165.
Tom Frazier, Director of General Services, gave a presentation on this item
describing the District's use of facilities and the proposed cost for joint use.
Frazier described the purchase agreement which is to be authorized. He stated
that the savings to the District would be $80,000-$100,000 a year and the
benefit to the City is maximum use of the facility.
Councilmember Horak asked about the impact on the wildlife and the natural areas.
Frazier responded that the City has sixty (60) acres of property, ten (10) acres
is for Transfort, six (6) acres is for the District, and five (5) acres for Light
and Power. The remainder of the acreage was planned for the Southside Service
Center site and Natural Areas staff is negotiating with Light and Power, and the
other developers to obtain acreage for a natural area.
Councilmember Horak asked about building ownership.
Frazier stated the building would belong to Poudre R-1.
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November 3, 1992 '
Councilmember Horak stated that the agenda materials refer to Poudre R-1 agreeing
to make certain changes for the compatibility on this site; however, he was
unclear on how the neighborhood concerns are going to be dealt with.
Frazier stated that the District changed the landscape and building design to
address the neighborhood concerns.
Ron Spies, Poudre R-1, stated that the District met with the residents of
Brittany Knolls and has addressed or tried to address all their concerns. He
described the site modifications that are to be made based on neighborhood
concerns.
Councilmember Horak asked for assurance that those modifications will happen.
Spies replied that those modifications are included in the current plans that
will be sent out for bid.
Councilmember Horak asked if the modified plans have been approved by the School
Board.
Spies stated that the School Board approved the production of the construction
documents. The construction documents have been produced and the modifications
are part of the documents. '
Councilmember Horak asked for assurance that the District will follow through
with the neighborhood wants and not make changes in the future. He stated that
the City's ability to regulate what the District does on its property is quite
limited.
City Attorney Steve Roy replied that those issues can be reviewed in the way the
sales transaction is structured. He stated this could be accomplished by
agreement or by covenants running with the land.
Councilmember Horak asked what assurances the citizens in the area will have if
the Resolution is adopted in its present form.
Roy stated that neither the Resolution or the Ordinance speak to the issues or
concerns that have been expressed. Those concerns will need to be addressed at
the time of construction.
Frazier stated the District has gone through the review process with the Planning
Department. The suggestions and recommendations made by the Planning Department,
as well as the requests from the neighbors have been incorporated into the plan.
He stated the District has been very dutiful in responding to neighborhood
requests.
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' November 3, 1992
Councilmember Winokur asked if conditions could be placed on the use and sale of
the property as part of the agreement and if it is possible for the School Board
to comply fully with the City's PUD Land Use Policies Plan.
Roy responded that the School District's attorney would need to advise them on
compliance with City standards. He stated that it is possible to attach certain
covenants by agreement.
Councilmember Winokur asked if City approval would be required if use of the
property change at a later date.
Roy stated that generally covenants can be attached to the transaction to limit
the•use of property.
City Manager Burkett stated that an analogy would be the Vine Street Facility
that the City recently acquired. The City went through the P & Z process, worked
with the neighbors, and made changes in the construction documents to satisfy the
needs of the surrounding area. He stated he believed the School District would
follow through with the changes that impact the neighborhood.
Councilmember Winokur asked about the timeframes or the degree of urgency for
completion of the new facility.
Spies replied that the School District would like to be in a facility for thirty
(30) school buses by the start of the 93-94 school year. If construction were
to start in February the project will go to bid by mid -December or early January.
Councilmember Azari asked if this IGA would be subordinate to the IGA that the
Council and the Board are working on.
Burkett responded that the City would not knowingly adopt two IGA's that were in
conflict with each other.
Councilmember Azari noted that it should be clear that this IGA is not separate
from but is a subordinate document to the overall IGA. She asked about the
number of vehicles that is already stationed at the facility.
Frazier stated there will be 28 Care -A -Van vehicles, 24 Transfort vehicles, and
30-33 Poudre R-1 vehicles stationed at the facility in the fall. Similar
facility designs (bus wash and fuel island facilities) are designed for about
150 vehicles. Current facilities would be sufficient to handle all future growth
within the next 10-15 years.
Mayor Kirkpatrick asked if the joint facility was not possible, what will the
School District do with its fleet?
Spies replied if the facility was not possible, the District will be looking for
a piece of land to build on.
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November 3, 1992
Mayor Kirkpatrick asked if the District would go through Planning and Zoning and
if there would be covenants if its facility was located within the City limits.
Spies responded the District would go through the same process as for other
projects.
Burkett stated in the recent past the School District has taken all of its sites
through the City's process. For example, the new Fort Collins High School went
through the Planning and Zoning process. The District has stated that going
through the planning process is its intent for future projects.
Councilmember Horak asked why the land will not be needed for the Southside
Service Center.
Frazier stated it was originally intended that Light and Power, Water and Sewer,
and Streets would all occupy the Southside Service Center. The Streets
Department's commitment is now to the East Vine facility. All of Light and Power
and Water and Sewer's future growth is now planned for the Nouthside Service
Center. Everything that was planned for the Southside Service Center has shifted
to either the Wood Street Facility or the East Vine Drive Facility.
Councilmember Horak asked about the timeframe for the growth to those centers.
Frazier stated when the City purchased the southside center site a 20 year growth I
pattern was reviewed for all three divisions.
City Manager Burkett stated the City's Master Plan for facilities is reviewed
periodically and Council has its input if there are any revisions to be made the
plan.
Councilmember Azari asked if this IGA would take precedence over the overall IGA
that is not completed.
Roy responded that since the larger master agreement has not yet been finalized,
this current IGA needs to be considered on its own. He stated that control of
the remodeling of the facility should not be a concern, since it is a City owned
facility. However, when the District constructs a new facility, there may be a
need to amend the agreement.
Councilmember Winokur asked if all the technical areas (storm drainage, traffic,
etc.) have been reviewed.
Burkett stated that all those issues have been reviewed thoroughly.
Councilmember Winokur asked if there were water meters at that facility.
Frazier stated that the facility is located in the Fort Collins/Loveland Water
District and meters are in place. ,
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November 3, 1992
Councilmember Horak stated he would support the Resolution but stressed that the
agreement should not be finalized until the other issue is resolved.
The vote on Councilmember Azari's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Horak, Kirkpatrick, Maxey, and Winokur.
Ii:I�iCil/(iPtdllil�
Ordinance No. 116, 1992
Authorizing the Sale of Certain Real Property on
Portner Road to Poudre R-1 School District
for the'Amount of $110,268, No Action Taken.
The following is staff's memorandum on this item.
"FINANCIAL IMPACT
F:
The sale of the property will result in revenue for General Fund of $69,602;and
the Light & Power Fund of $40,666.
EXECUTIVE SUMMARY
' The Poudre R-I School District would purchase the 6 acre site on Portner Road to
build a bus facility to store and maintain 30-33 buses. This site was selected
adjacent to the Transfort building to allow the District to utilize the existing
fueling and bus wash facilities.
This site is no longer needed by Light & Power or other City departments. The
savings to Poudre R-1 and the taxpayers will be significant, and the project will
demonstrate a positive working relationship between two public agencies.
The purchase price represents the appraised value of the property as determined
by an MAI appraiser hired by the City plus an additional amount for the impacts
to Portner Road."
Councilmember Edwards made a motion, seconded by Councilmember Maxey, to adopt
Ordinance No. 116, 1992 on First Reading.
City Manager Burkett stated an IGA or some restrictions to the sale of the land
could be put in place before second reading to address the issues that Council
has raised.
Councilmember Azari asked if the District's vehicles would be travelling across
the street to reach the wash/fuel facility and then back across to its own
facility and if the District buses would cross Portner Road.
I
Frazier stated that was correct.
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November 3, 1992 '
Councilmember Azari asked if the facility would service Loveland vehicles.
Spies stated there are no current plans to include Loveland. He stated that 30
school buses (2-3 spare buses) will use the facility. Those buses service the
southern routes of the District.
Councilmember Azari asked about the space between the edges of the property and
the beginning of residential property.
Frazier stated the Transfort property borders the Brittany Knolls property and
the District's property would border the future Light and Power substation site.
The only objections to the facility are coming from the residents at Brittany
Knolls. There have been no complaints from the eastern residents.
Mayor Kirkpatrick asked about the District's long-term transit plans for
children.
Spies stated over the last six years the number of bus routes have stabilized
because when a new school is built, it creates a walk-in area that no longer
qualifies for busing. However, at the same time there is an increase in
enrollment which seems to be the balance. The District does not anticipate a
sharp increase in the number of regular education routes.
Mayor Kirkpatrick asked if the District had a level of service plan or policy for '
transit service for children.
Spies stated the District's policy for level of service in Poudre R-1 is children
who live beyond 1 mile from an elementary school, 1-1/2 miles from a junior high
school, and 2 miles from high schools are eligible for transportation.
Councilmember Winokur asked what the City paid for the land and when was it
purchased.
Frazier stated the cost per acre was $6,750 and the land was purchased in 1984.
Councilmember Winokur asked if any improvements were made to the property.
Frazier stated the cost per acre to the District is $18,303 which includes the
improvements the City made to Portner Road and to the site.
Robert Patterson, 6333 Compton Road, stated on May 6th there was a meeting that
provided the residents in the surrounding area a map of the South Service Center.
He stated the concerns of the residents were not responded to adequately from the
District or the City. He stated his property faces west, which would view yellow
buses and felt that would decrease his property value substantially. When
Brittany Knolls was constructed, several residents went to the City to inquire
about possible to the west and the City responded the land would remain vacant. '
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November 3, 1992
Janet McNulty, 1506 Shadow Mountain Court, asked about traffic to and from the
site, and about the master plan for that area.
Burkett replied the plan is available for citizens to review. He also replied
that whenever a citizen inquires about future development, the City refers to the
adopted documents. He stated there is no way the City could predict what is
going to happen to a piece of property except by referring to the adopted master
plans and PUD's.
Councilmember Horak asked Patterson if he heard or saw plans for the facility at
the May 6th meeting.
Patterson replied that he did see and hear of plans for the facility. He stated
that when residents were looking into purchasing lots at Brittany Knolls that the
City stated nothing was going to be constructed on that site. He stated he
purchased his lot in October of 1991 and at that time he approached the City with
concerns about what would be constructed west of Brittany Knolls.
Councilmember Edwards asked when the communication took place with the immediate
neighborhood and about the format.
Spies replied there was a meeting with three residents of the neighborhood and
the architect at Poudre R-1, which discussed the plans and any changes that were
made to the site.
Councilmember Horak asked if any correspondence was sent back to the residents
who participated in the neighborhood meetings.
Frazier replied that neighbors were invited to attend the School Board meeting
and only 3 or 4 neighbors attended to discuss the authorization of the purchase
of the land for the District. He stated that John Daggett, Transfort Manager,
met one-on-one with specific residents who inquired about the design of the
project.
Councilmember Horak asked if the City communicated to the affected parties that
the sale of the property and the status of the development was going to be
considered by Council this evening.
Frazier replied that the affected parties were not notified.
Councilmember Azari stated this item needs to reference the Intergovernmental
Agreement that the City and the District are working on. She feared that the
City would not be participating jointly in the best interest of the citizens if
there was no reference. She felt this project is a very fragile situation and
should be approached cautiously. She stated that citizen participation on this
project has not been adequate and the City needs to be the role model for other
' public organizations on the importance of the neighborhood participation.
196
November 3, 1992 '
Councilmember Edwards stated he was concerned about this project not being
processed to its full degree. He the Council meeting was not the time for
neighbors to be receiving new information about the projected that before he
could support this project, more citizen input will be necessary.
Councilmember Winokur stated that more discussion and citizen input needs to take
place. If this item was truly an Intergovernmental Agreement, reference to the
master plan and a commitment that the District would follow all the development
processes would be included.
Mayor Kirkpatrick stated there is a need for better maps and more information
from the planning and Zoning Board on this project. The District has not
adequately reviewed the transit needs for the future in order to assure the
neighbors that the project is compatible for that area.
Councilmember Horak commented that as the owner of this site, the City has the
responsibility to follow the same guidelines that are set for private developers.
Certain issues were not addressed and information about this project is
inadequate. The Natural Resources Advisory Board needs to'play a major role in
this project.
Mayor Kirkpatrick asked City Manager Burkett to describe the next step or steps
on this project assuming the motion was withdrawn. '
Burkett stated that all the issues Council has raised and the concerns of the
affected interests and property owners need to be addressed and presented to
Council.
Councilmember Edwards, with agreement from Councilmember Maxey, withdrew his
previous motion on Ordinance No. 116, 1992.
NO ACTION TAKEN.
Items Relating to Colorado State University.
The following is staff's memorandum on this item.
"EXECUTIVE SUMMARY
A. Resolution 92-166 Authorizing Negotiations With Colorado State University
Regarding an Intergovernmental Agreement, Appointing Certain Members of
the City Council to Advise and Assist the City Manager With Such
Negotiations and Identifying Areas of Concern to be Addressed by the
Agreement.
197
November 3, 1992
B. Hearing and First Reading of Ordinance No. 118, 1992, Amending Certain
Ordinances Previously Enacted by the Council Annexing Lands Owned by the
State Board of Agriculture For the Use and Benefit of Colorado State
University.
The annexation ordinances under which Colorado State University ("CSU") was
annexed into the City indicate that the City will not attempt to enforce its
planning and zoning laws against CSU property. The proposed Ordinance would
amend the annexation ordinances in the Code to delete any reference to the
enforcement of City ordinances against CSU property. Periodic discussions have
been held with representatives of CSU regarding a possible intergovernmental
agreement dealing with the subject of CSU land uses within the City limits. The
proposed Resolution would identify certain City representatives to enter into
direct negotiations with CSU regarding such an agreement.
BACKGROUND:
Historically, as the property of CSU has been annexed into the City, the
annexation ordinances have included language indicating that the annexation of
such property would not, in itself, grant any right to the City to apply the
provisions of any municipal ordinance, and specifically any building code, zoning
code or licensing ordinance, upon such property, so long as title thereto
remained in the State Board of Agriculture.
Over recent past, certain land use activities of CSU have raised the question of
whether the City should -have more involvement in the procedures whereby such
proposed land uses are reviewed. CSU has taken the position that its land use
activities are, by law, exempt from any City review, while the City maintains
that pertinent state statutes permit it to play a role in rendering at least an
advisory opinion to the State Board of Agriculture with regard to any such
proposed land use activities. In order for the City to take advantage of its
review powers under state statute, it was proposed at the last Council meeting
that the City Council consider an ordinance which would eliminate any contrary
language in the annexation ordinances. Recent informal discussions between the
City and CSU have indicated a willingness on the part of the parties to develop
a mutually acceptable process for permitting City review and input on those CSU
land use activities which may significantly impact the community.
The proposed Resolution, if adopted by the Council, would identify those
individuals who would represent the City in these negotiations. The Resolution
also identifies the areas to be addressed in a proposed agreement.
Staff recommends tabling first reading of Ordinance No. 118, 1992, so that any
amendment of the Ordinance could be addressed, if possible, in the context of an
agreement with CSU. Staff also recommends that Council pass the proposed
Resolution and appoint the Mayor or Mayor Pro Tem to advise and assist the City
' Manager in negotiating the proposed agreement with CSU."
198
November 3, 1992 '
Councilmember Winokur asked if the specific wording that is to be deleted from
the proposed ordinance will relieve the City from zoning that parcel of property.
He also asked if the property is currently zoned.
City Attorney Steve Roy responded that the property was not zoned. He stated
that if the ordinance was amended, the City would be faced with the decision
whether to zone the property in question.
Councilmember Maxey made a motion to adopt Resolution 92-166, inserting the names
of Mayor Susan Kirkpatrick and Councilmember Dave Edwards under Section 1.
THE MOTION DIED DUE TO LACK OF A SECOND.
Councilmember Winokur asked for some discussion on which Councilmembers would be
interested in serving on.the negotiating committee.
Mayor Kirkpatrick asked if any Councilmembers were interested in assisting in the
negotiation process.
Councilmember Horak, Mayor Kirkpatrick, and Councilmember Winokur all expressed
interest.
Councilmember Winokur asked about the effect on the District if a timeframe was '
set.
Burkett stated the only experience with the timeframe was with the School
District and that negotiation has not been quick. He indicated having sub-
committees at the staff level to do the research and then present information to
the larger committee would minimize the time.
Councilmember Azari asked about the Councilmembers counterparts.
Burkett replied that President Yates and the Vice President of CSU would be
involved in this process and that CSU's legal counsel would also be involved.
Mayor Kirkpatrick stated that President Yates indicated an interest in having the
University Cabinet involved at some point.
Councilmember Azari stated she was concerned with the number of councilmembers
participating in the negotiations. All councilmembers are interested in the
outcome of this effort. Councilmembers need to be sensitive to the fact that
they will be working with executive personnel at CSU and not elected officials.
Mayor Kirkpatrick stated she agreed with Councilmember Azari and stated her
interest in serving on the committee is just a willingness to do so. There is
a value to having the community perspective represented.
199
' November 3, 1992
Councilmember Winokur stated the Mayor's role will be to interact and communicate
with the Governor's office as appropriate or with appropriate members of the
legislature as a fellow elected official. He stated that role may be helpful in
getting momentum going and keeping things heading in the right direction in the
negotiation process.
Councilmember Azari stated that there needs to be a way to have the community and
the University compliment each other to build strength in the City. This is a
good opportunity for Council to provide leadership on how a city and major state
institution could strengthen the community.
Councilmember Azari made a motion to adopt Resolution 92-166 deleting the
language in Section 1 after the word "above". Councilmember Maxey seconded the
motion.
Councilmember Winokur asked if the motion were to pass would any councilmember
who has a particular interest in attending one or more of the negotiation
meetings be prohibited from doing so.
Burkett stated nothing that would prohibit that. The City Manager could ask the
Mayor to attend one or more of the sessions to represent the community view
points.
Councilmember Horak stated that he was concerned with the lack of a timetable on
the negotiation process. He stated that he was concerned by the absence of CSU
and noted that absence either shows things are moving along really well or the
level of interest subsided after the bonds were issued.
Councilmember Azari agreed with Councilmember Horak and stated that Council, has
the responsibility to create the environment for the negotiations. Staff should
bring a draft document back to Council within 90 days.
Councilmember Winokur noted that setting specific timelines it will create an
environment that indicates the City is serious about this agreement.
Councilmember Maxey made a motion seconded by Councilmember Edwards, to amend
Resolution 92-166 in Section 1 adding "within the next 120 days (March 1, 1993)".
Burkett asked for clarification on what is to be completed by March 1st. He
stated that before March 1st there could be a proposed unilateral agreement, but
was not sure he could guarantee an agreed upon bilateral agreement. He stated
the time period is a reasonable one.
Councilmember Winokur stated that the Ordinance should be tied to a specific time
and not the Resolution. The City Manager has control over bringing an Ordinance
back in a specific timeframe, however, he does not have control over an
' Intergovernmental Agreement. He suggested a more reasonable timeframe would be
the end of January.
200
November 3, 1992 '
Councilmember Maxey withdrew his previous motion and Councilmember Edwards agreed
as the seconder of the motion.
The vote on Councilmember Azari's motion to adopt Resolution 92-166 as amended
was as follows: Yeas: Councilmembers Azari, Edwards, Horak, Kirkpatrick, Maxey,
and Winokur. Nays: None.
THE MOTION CARRIED.
Councilmember Winokur made a motion, seconded by Councilmember Horak to adopt
Ordinance No. 118, 1992 on First Reading.
Councilmember Winokur made a motion seconded by Councilmember Azari to postpone
consideration of this item until the February 16, 1993 meeting. He stated that
in the interim, Councilmembers need to receive progress reports and information
on the previous item.
The vote on Councilmember Winokur's motion to postpone Ordinance No. 118, 1992,
to February 16, 1993, was as follows: Yeas: Councilmembers Azari, Edwards,
Horak, Kirkpatrick, Maxey, and Winokur. Nays: None.
Ordinance No. 117, 1992 '
Appropriating Prior Year Reserves and
Unanticipated Revenue in Various Funds and Authorizing
the Transfer of Appropriated Amounts Between Funds and
The following is staff's memorandum on this item.
"EXECUTIVE SUMMARY
This Ordinance provides a method of identifying increases in the fund balances
(reserves) of all City funds. The objective is to provide a tracking mechanism
to aid sound financial management. The 1991 year end fund balances will be used
as the base on which to calculate any increase(s) in reserves for fiscal 1992.
In addition, this Ordinance also appropriates prior year reserves, unanticipated
revenue in various City funds, and authorizes the transfer of appropriated
amounts between funds. 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
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 '
201
November 3, 1992
Manager and provided the purpose for which the transferred funds are to be
expended remains unchanged or the purpose for which they were initially
appropriated no longer exists.
These items are historically presented in November 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.
This Ordinance increases the 1992 appropriations by $3,511,755. Following is a
list of funds that make up the increase in appropriations.
General Fund (Unanticipated Revenue) $ 138,179
Fire Fighters' Pension Fund ,
5,000
Sales & Use Tax Fund
2,212,982
Special Assessments Debt Service Fund
500,000
Capital Projects Fund
95,3.15
Equipment Fund
45,000
Self Insurance Fund
29,527
'
Communications Fund
Cultural Facilities & Services Fund
136,000
12,403
CDBG
40,000
Transportation Services Fund
34,449
Recreation Fund
89,900
Golf Fund
10,000
Storm Drainage Fund
8,000
Downtown Development Authority Fund (00)
35,000
Downtown Development Authority Capital Projects Fund
120,000
Several funds require supplemental appropriations for 1992 expenditures. The
Background Summary gives the details for each appropriation.
BACKGROUND:
A. GENERAL FUND
1. Police Services has received revenue from various sources which needs to
be appropriated to cover the related expenditures. A listing of these
items follows:
$3,509 - Officers assisted the DEA in a task force operation. Police
Services has been reimbursed this amount to cover overtime expenses
incurred by the officers during the period of investigation.
1 202
November 3, 1992 '
$5,725 - Several training classes were sponsored by Fort Collins Police
Services for our officers and officers from other agencies. These fees
were received from the other agencies to cover training costs incurred.
$360 - Funds have been received from other agencies who have been provided
with counseling services from the Fort Collins police department.
$2,500 - A training class was sponsored by CSU. Costs incurred by the
Fort Collins Police Department during this training were reimbursed by
CSU.
$6,310 - When report copies are requested by citizens, a fee is collected
to help offset processing costs. These funds have been collected as of
October 1st.
$1,310 - Pursuant to C.R.S. 16-11-501(2)(j), the costs of chemical tests
shall be reimbursed directly by the defendant to the law enforcement
agency which performed the test. This is the amount collected by Fort
Collins Police Services under this provision.
$10,000 - Police officers are assigned to CSU football games to provide
crowd and traffic control. Police Services was reimbursed this amount to
help cover personal service costs incurred during the 199111992 football '
season.
$5,230 This is defendant restitution for police investigation expenses.
$3,221 These funds were received from Team Fort Collins and a DARE
sponsored event to help cover the material costs of the program. An
appropriation was made earlier in.the year, however, these funds were not
anticipated at that time and not appropriated.
$3,728 - CAD/RMS maintenance fees are paid directly by Fort Collins Police
Services. CSU uses the city's CAD/RMS system, and these funds have been
received to cover their portion of the charges.
$284 - Police Services will receive funds from the Self Insurance Fund as
a reimbursement for insurable losses. See item G. 1. for more
information.
$6,153 - Police Services was reimbursed by the Self Insurance Fund for
insurable damages to City property. This item appropriates $6,153 for
property damage expense.
FROM: Unanticipated Revenue $41,893
Transfer from Self Insurance Fund $ 6,437
FOR: Police Services $48,330 '
203
November 3, 1992
2. Facilities has performed work for departments outside of the General Fund.
This item appropriates the $57,233 billed to other funds for transfer to
the Capital Projects Fund and appropriates it in the Capital Project Fund
for facility maintenance projects. See item E. 1.
FROM: Unanticipated Revenue $57,233
FOR: Transfer to Capital Projects Fund $57,233
3. In 1992 ICS sold sales tax software which was developed in-house to the
City of Greenwood Village. In conjunction with the software ICS also
prepared 1992 sales tax mailers for the town. Unanticipated revenue in
the amount of $7,975 was received from Greenwood Village to cover the cost
for this software development and services. This item appropriates the
funds to upgrade personal computers and printers to improve productivity
of the ICS programming staff.
FROM: Unanticipated Revenue $7,975
FOR: ICS Expenses $7,975
4. Beginning in 1992 Forestry expanded maintenance work on trees in
stormwater areas. Major tree planting projects have occurred over the
last three years and Forestry is now taking over the maintenance of these
' plantings. The Stormwater Utility is billed for the work Forestry
provides. This item appropriates the amount received from Stormwater to
cover Forestry costs.
FROM: Unanticipated Revenue $7,550
FOR: Forestry Maintenance Expenses $7,550
5. The Forestry division stockpiled some of their waste wood for sale as
firewood. Revenue generated from the sale is to be used for tree
plantings to replace trees that were removed. The wood sale generated
$580 which needs to be appropriated into the Forestry budget.
FROM: Unanticipated Revenue $580
FOR: Forestry Expenses $580
6. Forestry was reimbursed by the Self Insurance Fund for insurable damage to
City property. This item appropriates $457 for property damage expense.
FROM: Unanticipated Revenue $457
FOR: Forestry Expenses $457
7. Revenue in the amount of $1,964 has been received from the sale of
planning manuals and $1,116 has been received from the sale of TRENDS
publications. This item appropriates these funds to reprint those
publications and manuals that have been sold by the Planning Department.
' 204
November 3, 1992 '
FROM: Unanticipated Revenue $3,080
FOR: Planning Expenses $3,080
Training revenue collected is generated from fees charged for training
classes or workshops facilitated by the Employee Development Department.
To cover the cost of trainers and materials, departments are charged for
those employees who attend these workshops. Sometimes workshops are made
available to organizations outside city government and participants are
charged accordingly. This item appropriates training revenue received
over original projections for payment of the class expenses.
FROM: Unanticipated Revenue $2,375
FOR: Employee Development Training $2,375
9.
The Water/Wastewater department contributed $4,000 for the use of the
permit management applications of the Development Tracking System. These
funds were used by Planning for training programs and development costs
for the system. This item appropriates the $4,000 received from Water and
Wastewater to cover planning costs.
FROM: Unanticipated Revenue $4,000
FOR: Planning Expenses $4,000
10.
The City purchased 945 East Prospect as part of the Prospect/Lemay
'
intersection improvement project. Construction of the right turn lane
from Prospect to Lemay has been delayed for at least a year until the
owner of the Texaco station redevelops his property. This redevelopment
of the Texaco station will allow the construction of the right turn lane
at an affordable price. As a result, the house has been rented and has
produced unanticipated revenue in the amount of $1,100. These funds will
be used to make repairs to the house to bring it up to code.
FROM: Unanticipated Revenue $1,100
FOR: Facility Maintenance $1,100
11.
Transfort placed an information kiosk at a CSU bus stop. Engineering
provided art production and graphics for the signage on this kiosk. Funds
have been received from Transfort to reimburse Engineering for their
expenses. This item appropriates the funds for engineering expenditure.
FROM: Unanticipated Revenue $2,000
FOR: Engineering Expenses $2,000
12.
Engineering was reimbursed by the Self Insurance Fund for insurable damage
to City property. This item appropriates $117 for property damage
expense.
'
205
November 3, 1992
FROM: Unanticipated Revenue $117
FOR: Engineering Expenses $117
13. Engineering will receive $1;530 from the Self Insurance Fund for insurable
losses. See item G. 1. for more information.
FROM: Transfer from Self Insurance Fund $1,530
FOR: Engineering Expense $1,530
14. Parks Maintenance was reimbursed by the Self Insurance Fund for insurable
damages to City Property. This item appropriates $1,513 for property
damage expenses.
FROM: Unanticipated Revenue $1,513
FOR: Parks Maintenance Expense $1,513
15. Parks Maintenance will receive $339 from the Self Insurance Fund as a
reimbursement for insurable losses. See item G. 1. for more information.
FROM: Transfer from Self Insurance Fund $339
FOR: Parks Maintenance Expense $339
' B. FIRE FIGHTERS' PENSION FUND
1. Additional appropriations are needed to cover professional services and
actuarial studies performed by the City's consultants.
FROM: Prior Year Reserves $5,000
FOR: Professional Services $5,000
C. SALES & USE TAX FUND
1. Sales and use tax collections for 1992 are projected to be significantly
higher than originally budgeted. The adopted 1992 Budget estimated a 2.6Y
increase and the 1992 Revfsed Budget projected a 9.3% increase over 1991
collections. However, based on actual collections received through
September 1992 (12.6Y increase), the projected increase for the 2.25 cent
tax is 10.8% or an increase of $1,770,114 over the $23,151,404 collections
budgeted for 1992. The revenue from each of the 0.25 cent tax rates is
also projected, again based on collections through September, to increase
12.3% over 1991 or $207,634 over the $2,179,408 budgeted for 1992. the
Vendor Fee Cap revenue is also now estimated to be 12Y higher than
originally budgeted. This item appropriates the additional funds for
transfer.
1 206
November 3, 1992 '
As part of the total Sales and Use Tax Fund appropriation, $60,000 is
appropriated for transfer to the Debt Service Fund. Unanticipated
expenses as well as lower revenue than projected for SouthRidge due to
increased competition, makes this revenue transfer necessary to meet debt
service requirements.
FROM: Unanticipated Sales & Use Taxes
$2,212,982
FOR: Transfer
to
General Fund
$1,710,114
Transfer
to
Debt Service Fund
60,000
Transfer
to
0.25 cent Choices 95 Capital
235,234
Transfer
to
0.25 cent Street Capital
191,023
Transfer
to
Transportation -Streets
16,611
D. SPECIAL ASSESSMENTS DEBT SERVICE FUND
There have been more payoffs of assessments and penalties in 1992 than
were anticipated in the budget. In compliance with the terms of the bond
ordinances, the City has used these unanticipated monies to retire special
assessment debt.
FROM: Unanticipated Revenue $500,000
FOR: Principal and Interest Payments $500,000
E.
CAPITAL PROJECTS FUND
'
1.
Facilities has performed work for departments outside of the General
Fund
and has billed these departments for their work. Item A. 2. of
this
ordinance appropriates the $57,233 for transfer to the Capital Projects
Fund where it will be used for facility maintenance projects.
FROM: Transfer from General Fund $57,233
FOR: Facility Maintenance Projects $57,233
2.
Due to good weather and greater_ participation than what had
been
anticipated, additional revenue has been received from property owners for
the 1992 Concrete Improvement Program. This item appropriates
the
additional revenue above what was budgeted YTD.
FROM: Unanticipated Revenue $1,210
FOR: Concrete Improvement Program $1,210
3.
The Capital Projects Fund will receive funds from the Self Insurance
Fund
as a reimbursement for insurable losses. See item G. 1. for
more
information.
FROM: Transfer from Self Insurance $372
FOR: Minor Streets - Miscellaneous Expense $372 '
207
I
November 3, 1992
4. The City received $6,500 for costs associated with public improvements
constructed at 630 South Sherwood Street. Improvements were completed and
the contractor was paid out of the Minor Street Capital project. This
item appropriates the money used for the improvements.
FROM: Unanticipated Revenue $6,500
FOR: 630 South Sherwood Street - Improvements $6,500
5. The City received $15,000 each from the Burlington Northern and Union
Pacific Railroads representing their share of the cost for a feasibility
study. The City's share of the proposed cost for the Downtown Railroad
Track Consolidation project were appropriated earlier in the year.
FROM: Unanticipated Revenue $30,000
FOR: Downtown Railroad Track Consolidation Project $30,000
F. EQUIPMENT FUND
1. Departments have experienced higher than anticipated expenses in outside
equipment rental. This item appropriates $45,000 from Equipment Fund
Prior Year Reserves to cover the additional anticipated expenses.
FROM: Prior Year Reserves $45,000
FOR: Equipment Fund Expenses $45,000
G. SELF INSURANCE FUND
1. This item appropriates monies for transfer from the Self Insurance Fund to
other departments due to incidents which resulted in losses to the
individual departments over the deductible of $500 for insurable items.
FROM:
Existing
Appropriations
$9,805
FOR:
Transfer
to
General Fund
$2,153
FOR:
Transfer
to
Wastewater Fund
$ 243
FOR:
Transfer
to
Transportation Fund
$2,835
FOR:
Transfer
to
Light & Power Fund
$1,839
FOR:
Transfer
to
Transit Services Fund
$2,735
2. This item appropriates monies for transfer from the Self Insurance Fund to
other departments as a result of damage caused to City property.
FROM:
Existing
Appropriations
$19,722
FOR:
Transfer
to
General Fund
$
8,240
FOR:
Transfer
to
Transportation Services Fund
$
6,652
FOR:
Transfer
to
Capital Projects Fund
$
372
FOR:
Transfer
to
Transit Services Fund
$
604
FOR:
Transfer
to
Equipment Fund
$
3,423
'
208
November 3, 1992
FOR: Transfer to Storm Drainage Fund $ 271
FOR: Transfer to Recreation Fund $ 160
H. COMMUNICATIONS FUND
The CITEL program bills departments for all telephone usage, then makes
payments to the various telephone providers. This item requests
additional appropriations from unanticipated revenue and prior year
reserves to cover additional costs due to increased telephone usage by
City departments and some increases in US West line charges.
FROM: Unanticipated Revenue $22,000
FROM: Prior Year Reserves $63,000
FOR: Communication Fund/Telephone Expenditures $85,000
A 24 hour voice information system to provide better citizen access to
information was funded from prior year reserves in the 1992 budget. This
item requests an additional appropriation from reserves to complete the
project.
FROM: Prior Year Reserves $6,000
FOR: Communications Fund/Automated Citizen Information $6,000
Council approved 1992 funding for an upgrade to the Lincoln Center
Telephone system. The 1993 ICS Communications Fund budget proposes
funding to expand the fiber optic network to the Lincoln Center and
beyond. Staff recommends the use of Communication fund prior year
reserves in 1992, instead of 1993, in order to combine the.two projects.
Combining the fiber project with the Lincoln Center phone upgrade will
save money and be less disruptive to the Lincoln Center's customers.
FROM: Prior Year Reserves $45,000
FOR: Communications Fund/Telephone Expenditures $45,000
I. CULTURAL FACILITIES & SERVICES FUND
Individual items purchased under $300 are paid by Lincoln Center User
Services and reimbursed at year end from the Fort Collins Foundation.
This request appropriates the revenue received. See A. 15.
FROM: Unanticipated Revenue
FOR: Cultural Services & Facilities Fund/Lincoln Center
2. It is anticipated that at year end 1992, electric expenses at
Center will exceed the amount budgeted by $12,000. This item
$12,000 from prior year reserves to cover the additional
expense.
Fk1k;
$403
$403
the Lincoln
appropriates
anticipated
' November 3, 1992
FROM: Prior Year Reserves $12,000
FOR: Cultural Services & Facilities Fund/Lincoln Center $12,000
J. COMMUNITY DEVELOPMENT BLOCK GRANT
The City of Fort Collins received a Rental Rehabilitation Program Grant
from the Department of Housing and Urban Development. The Rental
Rehabilitation Program Grant provides federal funds for the Department of
Housing and Urban Development to the City of Fort Collins which can be
allocated to rental housing projects. This item appropriates $40,000 in
Rental Rehabilitation Program Funds.
FROM: Unanticipated Revenue $40,000
FOR: CDBG Rental Rehabilitation Program Expenditures $40,000
K. TRANSPORTATION SERVICES FUND - TRANSPORTATION DIVISION
.1. This item requests that $25,997 be appropriated from the Transportation
Division's undesignated reserves to cover unanticipated expenditures
associated with the continued lease of the Laporte Parking lot. Prior to
development and approval of the 1992 budget, the City had been negotiating
to acquire the Laporte lot. Final disposition of the lot was expected
' prior to 1992 and funds for the lease costs were not included in the
budget. Negotiations fell through and the lot lease was continued as
plans to abandon the lot were prepared and the public was notified. The
City decided to pursue purchase of the property and the lease has been
continued through the end of 1992. The DDA has agreed to pay a portion of
the continued lease. This item appropriates $25,997 to cover the lease
and tax payments for 1992.
FROM: Prior Year Reserves $25,997
FOR: Transportation Division/Laporte Lot $25,997
This request appropriates funds from the Transportation Division's
undesignated reserves to cover the additional cost of barricade setup
related to the cruising program. In 1992, $12,500 was budgeted for
cruising closures and has been expended. The Police Department is
requesting three additional cruising closures this fall at an estimated
cost of $1,800.
FROM: Prior Year Reserves $1,800
FOR: Transportation Division/Cruising Expenditures $1,800
The Transportation Division was reimbursed by the Self Insurance Fund for
insurable damages to City property. This item appropriates $6,652 for
property damage expense.
1 210
November 3, 1992 '
FROM: Unanticipated Revenue $6,652
FOR: Transportation Division Expenses $6,652
L. RECREATION FUND
The Recreation Division administers several restricted revenue accounts
for various programs. The following items (1. - 5.) appropriate specific
expenditures from unanticipated revenue and restricted reserves
established for these special revenue accounts.
1. The Adult Sports reserve reflects monetary sponsorships by various local
businesses. Money was used this year to build a display case at Rolland
Moore Park ballfields, purchase cellular telephones, purchase staff
apparel, print and distribute the "Sports Report" (a newsletter for adult
sports), and miscellaneous non -budgeted extras.
FROM: Prior Year Reserves $3,000
FOR: Recreation Fund/Adult Sports $3,000
2. The Northside Atzlan reserve reflects donations given to the Northside
program area to offset costs or enhance programs run for participants.
Money was used this year for the Cinco de Mayo celebration and will be
used for the Toys for Tots and the Ancianos Christmas party. '
From: Unanticipated Revenue $ 863
FROM: Prior Year Reserves $ 437
FOR: Recreation Fund/NACC $1,300
3. The Farm Adopt -an -Animal reserve reflects donations to the Farm. All
monies go to purchase items for the animal's well being or for animals at
the Farm.
FROM: Unanticipated Revenue $1,000
FOR: Recreation Fund/The Farm $1,000
4. The Farm Animal reserve reflects the ongoing sale and purchase of animals
at the farm.
FROM: Unanticipated Revenue $200
FOR: Recreation Fund/The Farm $200
5. The Farm Museum reserve reflects donations from the Fort Collins Noon
Rotary Club to be used to enhance the museum at the Farm. $400 was and is
being used to purchase supplies and signage for the large implement
display.
FROM: Prior Year Reserves $400 '
FOR: Recreation Fund/The Farm $400
211
M.
N.
November 3, 1992
As a result of the Recreation Fee Policy, the extra revenues generated in
1991 have a1)owed the Recreation Department to replace worn out equipment,
enhance programs, and upgrade facilities. This year $15,000 was used to
replace rental skates at EPIC, $17,000 was used to purchase football
jerseys and helmets for the youth football program, $10,000 purchased a
new xerox machine for EPIC, $5,000 was used to secure and move the
Christmas Village at the Farm, $10,000 was used to update the phone system
at the Northside Aztlan Community Center, $4,500 was used to purchase two
kilns for the Pottery Studio, $4,000 was used for a security fence at the
Farm, $3,000 was used to purchase two computer printers, $4,500 was used
to replace two cash registers at EPIC, and $7,000 was used for part-time
staff salaries for expand programs.
FROM: Prior Year Reserves
FOR: Recreation Fund Program Expenditures
GOLF FUND
$84,000
$84,000
In 1992, $31,000 was budgeted for the City Park Nine Restroom based on the
cost of the Collindale restroom built in 1991. Final cost of the restroom
is $40,454. Higher fees, the expense of street cut and traffic control
costs on Taft Hill Road and higher bids from sub -contractors because of a
busier construction season at that time brought up the final cost. Golf
Fund revenues for 1992 are at 99% as of September 30. The $10,000
appropriated from Reserves will easily be exceeded and this year-end
appropriation will not impact the 1993 Golf Fund budget.
FROM: Prior Year Reserves
FOR: Capital Expense
STORM DRAINAGE FUND
$10,000
$10,000
Approximately $8,000 in costs will be incurred responding to an illegal
dumping of an unknown liquid in the storm sewer which flows into Spring
Creek at Lemay Avenue. An oil absorbent boom was installed to prevent the
substance from flowing into Spring Creek and activities took place to
remove the material and determine the source and analysis to determine the
type of substance. Staff's intent is to pursue the recovery of these
monies through the legal system. Monies must be spent before they will be
recovered. The Storm Drainage Board recommends adoption of this
appropriation.
FROM: Prior Year Reserves
FOR: Storm Drainage Expense
212
$8,000
$8,000
November 3, 1992 '
0. Downtown Development Authority Capital Projects Fund
There is approximately $120,000 remaining in the DDA Capital Projects Fund
after the 1992 bond refunding. The source of this money is primarily
interest earnings on idle bond proceeds. The DDA has no additional use
for the remaining funds other than for minor projects that may occur from
time to time and would be budgeted in the DDA 0&M Fund. This item
appropriates $120,000 from unanticipated revenue in the DDA Capital
Projects Fund for transfer to the DDA 0&M Fund.
FROM: Unanticipated Revenue $120,000
FOR: Transfer to DDA 0&M Fund $120,000
P. Downtown Development Authority OEM Fund
One minor project that needs to be completed in 1992 is the addition of a
facade to the Pitner building for $35,000. This item appropriates $35,000
of the fund transferred from the DDA Capital Project Fund (see 0.1.) for
construction of a facade to the Pitner building. The remaining $85,000
transferred from the DDA Capital Projects Fund will be held for future
minor projects.
FROM: Transfer from DDA Capital Projects Fund $35,000
FOR: Minor Projects - Pitner Building Facade $35,000"
'
Councilmember Azari made a motion, seconded by Councilmember Winokur to adopt
Ordinance No. 117, 1992 on First Reading.
Doug Smith, Budget Director, stated this Ordinance addresses two areas: it
appropriates prior year reserves for payment of unexpected expenses that have
occurred during the year, appropriates unanticipated revenue which exceeds the
revenue already budgeted, and authorizes the transfer of already appropriated
funds between the various funds of the City.
The second area is primarily to address the proposed Amendment 1. He stated
Amendment 1 allows increases in reserves to be accounted for as expenditures;
therefore, creating an increase in the expenditure base level. Added to the base
level are the Denver/Boulder CPI and the value of new construction.
City Manager Burkett stated he would like to consider some additional
alternatives to the proposed transfer from the Sales and Use Tax Fund to the
Southridge Fund. He felt there may be options other than transferring money that
could be reviewed between the time Council adopts this Ordinance on First Reading
and before Second Reading.
Councilmember Winokur asked if the Southridge Fund was ever deleted.
Smith stated the Southridge Fund for 1992 still is in existence.
,
213
November 3, 1992
Councilmember Horak stated there
should be more
explanation on the transferring
of funds. He stated that just
because a City
department gets revenue for a
service, it does not necessarily
need to go back
to that department.
The vote on Councilmember Azari's
motion was as
follows: Yeas: Councilmembers
Azari, Edwards, Horak, Kirkpatrick, Maxey, and
Winokur. Nays: None.
THE MOTION CARRIED.
Response to Council Request for
Information Regarding Resolution 92-114, No Action Taken.
The following is staff's memorandum on this item.
"FINANCIAL IMPACT
The total cost the City Manager's Office expects to incur to support 'the
Challenge Fort Collins process is approximately $2,000.
EXECUTIVE SUMMARY
' On July 7 Council passed Resolution 92-114 which amended the Council Work Plan
found in Section 2, Item V, of Resolution 91-99 to read as follows:
"...actively participate in the leadership of community -based
strategic planning efforts and assist such groups, including
Challenge Fort Collins, in the development of a plan for various
projects, programs and initiatives, together with a timetable for
implementation and proposed funding methods."
On August 18 Council passed a motion requesting this item be brought back for
reconsideration.
BACKGROUND
Attached are the original agenda materials from the July 7 meeting as well as a
copy of Resolution 92-114. During the discussion on July 7 staff indicated that
the direction understood with the passage of Resolution 92-114 was that the
status quo would continue with respect to how the City would support the
Challenge Fort Collins process.
The support being'provided to Challenge Fort Collins was recently called into
question. Staff is happy to provide Council, as well as the public, with details
of staff's involvement in the leadership of the Challenge Fort Collins process.
The City Manager's Office has provided support for this process by typing flip
charts and preparing mailings. It is estimated that between three and nine hours
' of staff time is spent by support staff in the City Manager's Office to perform
214
November 3, 1992 '
these tasks for each Challenge Fort Collins meeting. Additionally, the City has
paid, to date, for postage and related expenses, a total of $1,005.48. Challenge
Fort Collins Stakeholder meetings are held every third Thursday from 4:30 to 8:00
p.m. The City Manager served on the Challenge Fort Collins Initiating Committee
that helped form the group and design the process. The Assistant to the City
Manager continues to serve on the Coordinating Committee. The Coordinating
Committee meets from 8:30 to 10:00 p.m. following Challenge Fort Collins
Stakeholder meetings and occasionally from noon to 1:30 p.m. the Thursday
following Stakeholder meetings. The City Manager's office has provided sack
lunches for the noon meetings.
Consistent with the understanding that the status quo in effect prior to July 7
would remain acceptable, staff's interpretation of the direction provided in
Resolution 92-114 indicated that all these activities were supported by City
Council. Staff believes it is acting responsively in the public's interest, in
direct conformance with Council direction by providing this type of support and
actively participating in the leadership of Challenge Fort Collins.
To date, there are no requests for assistance from any group doing community -
based strategic planning. If requests are received from other groups, as
provided for in Resolution 92-114, staff will review the request and provide
recommendations to Council.
Should Council revise its direction on this work plan item, staff will respond '
accordingly with respect to the assistance currently being provided to Challenge
Fort Collins."
City Manager Burkett stated the item was on the agenda because Council
specifically requested it. He stated that background information was provided
to interpret the previous Resolution that Council adopted. Council may want to
review the Resolution and suggest or give staff direction in the interpretation
of the Resolution.
Councilmember Horak stated he was surprised by the $2,000 expenditure to support
Challenge Fort Collins and asked if that included staff time.
Julia Novak, Assistant to the City Manager, stated it includes the support staff
time in the City Manager's Office.
Councilmember Horak asked if attending meetings was also included.
Novak noted the majority of the Challenge Fort Collins meetings occur after
normal City business hours or during lunch. The staff support time has been
calculated into the $2,000 figure.
QU
I
November 3, 1992
Mayor Kirkpatrick stated the normal
meeting time
for the large group is from 4:30
- 8:00 pm every third Thursday. The
coordinating
committee meetings are held the
Thursday following the large group
meeting at
lunch time for approximately 1
hour.
Councilmember Horak stated that it specifically states that City staff is not
spending any City time on this particular item.
Novak stated the City has provided information for the group. For example,
census information has been provided to Challenge Fort Collins, as it has been
provided to a number of groups and interested parties in the community.
Mayor Kirkpatrick asked fora comparison between Challenge Fort Collins and the
baseball effort, in terms of the level of City involvement.
Novak responded that it was substantially less involvement.
Councilmember Horak stated that there were allegations that Challenge Fort
Collins tried to influence different community groups on issues that were decided
on today's ballot. He stated that if that were true, he would not want the City
involved with a group who is trying to influence political process.
Mayor Kirkpatrick stated that some members of Challenge Fort Collins were
interested in having the whole group take positions on ballot questions. The
Coordinating Committee recommended to the full group that support/non-support
positions should not be given. Individuals took positions on ballot issues, but
the group as a whole did not take any position.
Councilmember Maxey stated there was no effort to influence others on particular
ballot issues. He stated there were individuals who are advocates of certain
positions, but none who represent the group.
Councilmember Azari stated that each "stakeholder" can only represent themselves.
One of the ground rules was that one could not represent anyone else. There are
60 or more "stakeholders" who attend the meetings and it is inconceivable that
the whole group would agree on a ballot item.
Councilmember Horak stated his concern is with Challenge Fort Collins trying to
make sure it is the only group to determine the future of the community.
Councilmember Horak stated Ward Luthi had specifically requested Mr. Burkett's
assistance in determining the ground rules for receiving assistance for the
Citizen Planners Group.
Burkett stated that he believed Mr. Luthi had posed a hypothetical question,
"What if Citizen Planners asked for assistance?" If Citizen Planners asked for
' assistance he would ask for a written outline of its needs and bring the request
to Council.
216
November 3, 1992 '
Councilmember Horak stated he has had several requests from Citizen Planners
asking for assistance for its strategic based planning on transportation. He
asked if a letter was necessary to ask the City Manager for assistance.
Burkett suggested that Citizen Planners call or come in and speak with him about
receiving the assistance.
Mayor Kirkpatrick stated that it has not been easy to figure out the best way for
community based strategic planning groups to work with the City government. She
stated the purpose of the process is to assist citizens in moving towards the
future and not to set people up for failure.
Councilmember Azari stated that Citizen Planners is an ongoing organized group
that is dedicated to helping Fort Collins and the community do a better job in
constituent based planning. She noted Citizen Planners is not at odds with
Challenge Fort Collins, because Challenge Fort Collins is going to come up its
own recommendations and then disband. She reminded Councilmembers that one of
its workplan items saw value in citizen based efforts to help Council and the
City in strategic planning for the future.
Councilmember Winokur stated that there can be many groups included in strategic
planning. There is a need to be careful that the Council does not communicate
that there can only be one group.
Councilmember Horak suggested staff outreach to other groups to see how they
might fit in rather than making them send some missive to Council and the City.
Councilmember Azari stated Council did not do a good job with thi.s work plan item
from the beginning. Council did not have a sense of direction for City staff to
follow.
Councilmember Winokur stated this work item started out to test the community's
appetite for a capital improvement process. The item has been stated very
clearly and does not need to be revised.
Abe Ramos, 215 Buckingham, stated he served on Challenge Fort Collins with the
Wellness Committee and concurred with Mayor Kirkpatrick and Councilmember Azari
that opinions expressed about certain ballot initiatives did not represent the
views of the whole group. He stated that any group that would like to
participate in the betterment of the community needs to be included in the
improvement process.
Scott Mason, Citizen Planners/Challenge Fort Collins, stated he endorsed the
Challenge Fort Collins process. Citizen Planners is experiencing some
frustration in accepting that Challenge Fort Collins is receiving funds in -kind
from the City staff. Citizen Planners has been organized for over four years and
has participated in the planning progress throughout the community. He asked how ■
Citizen Planners could receive access to this in -kind funding and staff time.
217
November 3, 1992
Mayor Kirkpatrick asked if Citizen Planners had been refused service or
materials/information when it made a request to the Planning Department.
Mason responded that most contact with the Planning Department has been good;
however, in the early stages of Citizen Planners it was difficult to receive
staff cooperation. He stated this was not a personal attack on Challenge Fort
Collins and that it is doing a great job; however, Citizen Planners would like
the same financial support that Challenge Fort Collins is receiving.
Alan Apt, 1406 Freedom Lane, stated he is a member of both Challenge Fort Collins
and Citizen Planners and felt the approach in which Council is proceeding is
commendable. An application process for various groups to apply for help on
different functions may be a way to resolves this issue. Those who submit
applications should be reviewed.
Ralph Waldo, 1406 Twin Oak Court, stated the support the City has given to
Challenge Fort Collins has been appropriate. Citizen Planners should be funding
themselves and not looking to the City for a handout. If the City gets involved
in assisting that particular group, then many more groups will expect the same
assistance.
Ward Luthi, Citizen Planners, stated Citizen Planners, at the time when Challenge
' Fort Collins was formed, was invited to join in the process and was specifically
told that this was a capital improvement projects oriented group. Citizen
Planners declined to join the group because it was not the area in which it
wanted to be involved. Citizen Planners was informed that Challenge Fort Collins
was receiving staff resources and time to help with its group issues. He added
that he spoke with the City Manager and asked "what were the requirements for
receiving the same kind of in -kind support that Challenge Fort Collins was
receiving?" The City Manager's reply was that there were no written requirements
for receiving assistance. He also asked "who made the decision as to what other
groups could receive that kind of service?" The City Manager replied that he
made that decision. He then specifically asked if Citizen Planners could receive
the same kind of funding as Challenge Fort Collins. The response was "no",
because only one group should be doing strategic planning for the community. He
commented that City funding of groups should be fair and open from the beginning.
Mayor Kirkpatrick stated there was a misconception that there is a direct dollar
amount 'involved with Challenge Fort Collins. She stated that soft dollar staff
cost is correct. She stated that Challenge Fort Collins is a short term group
that has no board of directors and is a group of citizens interested in the
future of the community.
NO ACTION TAKEN.
218
November 3, 1992 '
Other Business
Councilmember Winokur spoke of information received on the Economic Opportunity
Fund Foundation's request for a loan program. He stated that in principle the
proposal sounds good, but would like to see more information on the low-income
fund, the goals and objectives, and the revolving loan balance.
Councilmember Edwards withdrew from discussion of this item due to a conflict of
interest.
Councilmember Winokur made a motion, seconded by Councilmember Horak, to take no
action to amend the agreement on the Economic Opportunity Fund Foundation for 30-
60 days until more information has been received.
Councilmember Winokur suggested addressing the issues at a worksession before the
December 15th meeting.
The vote on Councilmember Winokur's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Horak, Kirkpatrick, Maxey, and Winokur. Nays: None.
Councilmember Horak asked staff to suggest an approach to review enforcement of
the Rental Housing Code. He suggested discussion of this issue at the
worksession on November 24th. He requested background materials and asked that
staff develop alternatives to be presented at the November 24th meeting.
Councilmember Maxey stated that about 43% of the housing in Fort Collins is
rental housing. He stated the number of people occupying the rental units also
needs to be addressed.
t
Councilmember Winokur made a motion, seconded by Councilmember Azari, to adjourn
this meeting to November 10 at 5:30 p.m. to conduct the annual performance
evaluation of the Municipal Judge.
The vote on Councilmembers Winokur's motion was as follows: Yeas:
Councilmembers Azari, Edwards, Horak, Kirkpatrick, Maxey, Winokur. Nays: None.
AdJournment
The meeting adjourned at 10:55 p.m.
Mayor
ATTEST:
City Clerk '
219