HomeMy WebLinkAboutMINUTES-04/07/1992-RegularApril 7, 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 Tuesday,
April 7, 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, Fromme, Horak, Kirkpatrick, and Maxey.
Councilmember Absent: Winokur
Staff Members Present: Burkett, Krajicek, Roy.
Citizen Participation
William Kay, 301 N. Whitcomb, spoke of problems with his water line replacement
which was City -mandated and requested his property be returned to its former
appearance.
' City Manager Burkett assured staff would speak with Mr. Kay before he left to
make sure everything would be done to his satisfaction. (See Page 266)
Barbara Allison, 1212 Lynnwood Drive, expressed her concerns about the building
department and electrical inspections.
Citizen Participation Follow -Up
Councilmember Fromme requested a written follow-up on Mrs. Allison's concerns
about the licensing of the City's electrical inspectors.
Councilmember Horak asked for clarification as to whether electrical inspections
had been performed prior to March 23 by persons not qualified to do electrical
inspections.
City Manager Burkett stated that procedures had changed and the City would be in
compliance with the state law.
Councilmember Horak requested notice of that compliance and, if the state law is
not sensible, requested staff provide information to the Legislative Committee.
He further requested a periodic recap of the follow-up on citizens' concerns.
Councilmember Maxey suggested a follow-up similar to that received on service
requests.
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April 7, 1992 '
Agenda Review
City Manager Burkett referenced the blackline copy of the ordinance on Item #25,
Second Reading of Ordinance No. 36, 1992, Authorizing the Issuance of City of
Fort Collins Downtown Development Authority Tax Increment Refunding Bonds. He
noted that on Item #29, Resolution 92-64 Amending the Council Policy Regarding
the Distribution of Information to Council, new Resolutions which included a new
definition were in the packet.
Consent Calendar
This Calendar is intended to allow the City Council to spend its time and energy
on the important items on a lengthy agenda. Staff recommends approval of the
Consent Calendar. Anyone may request an item on this calendar be "pulled" off
the Consent Calendar and considered separately. Agenda items pulled from the
Consent Calendar will be considered separately under Agenda Item #21, Pulled
Consent Items.
7.
8. Items
relating to the Issuance
of City of Fort
Collins General Obligation
Water
Improvement and Refunding
Bonds.
'
A.
Tabling of Second Reading
of Ordinance No. 30, 1992, Authorizing the
Issuance of City of
Fort Collins
General Obligation Water
Improvement Bonds, Series 1992A.
B.
Tabling of Second Reading
of Ordinance No. 31, 1992, Authorizing the
Issuance of City of Fort
Collins General
Obligation Water Refunding
Bonds, Series 1992B.
In 1986, the City of Fort Collins issued General Obligation Water
Refunding and Improvement Bonds in the amount of $33,030,000. The bonds
have been used to construct improvements to the water treatment facilities
and to acquire water rights. On February 18, Council unanimously adopted
Ordinance No. 32, 1992, which authorizes the refunding of the 1986 bonds,
provided that a 3% present value savings can be achieved.
On February 18, Council also unanimously approved Ordinance No. 30, 1992,
which authorized the issuance of new bonds to finance improvements to the
City's water treatment plant. The improvements include a back wash water
solids separation facility, three mixed -media sand filters, modification
and additions to the chemical storage and feed systems, a maintenance
facility, a new 60-inch outlet and connecting piping for one of the
existing 15 million gallon treated water storage reservoirs and other '
miscellaneous improvements.
255.
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April 7, 1992
The two bond issues have been combined into one
issuance process to save
legal, printing, and other costs of
financing.
However, interest rates
have not reached and will not reach
the levels
necessary to provide the
desired level of savings before
April 7,
1992. Therefore, staff
recommends postponing consideration
of both items under the next regular
Council meeting on April 21, 1992.
Items Pertaining to the Barnes Annexation and Zoning
A. Second Reading of Ordinance No. 38, 1992, Annexing Approximately
2.31 Acres, Known as the Barnes Annexation.
B. Second Reading of Ordinance No,. 39, 1992, Zoning Approximately 2.31
Acres, Known as the Barnes Annexation, into the R-L-P, Low Density
Planned Residential, Zoning District.
On March 17, Council unanimously adopted Resolution 92-47 Setting Forth
Fact and Determinations Regarding the Barnes Annexation and Zoning.
On March 17, Council also unanimously adopted Ordinance No. 38, 1992 and
Ordinance No. 39, 1992 which annex and zone approximately 2.31 acres
located at 2637 W. County Road 40, located south of Horsetooth Road, west
' of Taft Hill Road, and north of County Road 38E. There is a single family
residence on the property. The property is currently zoned FA, Farming,
in the County. The proposed zoning is RLP, Low Density Planned
Residential. This is the annexation of an enclave area.
10. Items Pertaining to the Cameron Park Annexation and Zoning
Second Reading of Ordinance No. 40, 1992, Annexing Approximately
5.78 Acres, Known as the Cameron Park Annexation.
Second Reading of Ordinance No. 41, 1992, Zoning Approximately 5.78
Acres, Known as the Cameron Park Annexation, into the B-L, Limited
Business, Zoning District.
On March 17, Council unanimously adopted Resolution 92-48 Setting Forth
Findings of Fact and Determinations Regarding the Cameron Park Annexation
and Zoning.
On March 17, Council also unanimously adopted Ordinance No. 40, 1992 and
Ordinance No. 41, 1992 which annex and zone approximately 5.78 acres
located west of Highway 287, 112 mile south of Harmony Road at Cameron
Drive. The area to be annexed consists of ten separate parcels with eight
different owners. The area is currently zoned B, Business, in the County.
The proposed zoning is BL, Limited Business. This is the annexation of an
enclave area.
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11. Items Pertaining to the Strobel Annexation and Zoning.
12.
13.
April 7, 1992 '
Second Reading of Ordinance No. 44, 1992, Annexing 5.1614 Acres,
Known as the Strobel Annexation.
Second Reading of Ordinance No. 45, 1992, Zoning 5.1614 Acres, Known
as the Strobel Annexation, into the RLP, Low Density Planned
Residential Zoning District.
On March 17, Council unanimously adopted Resolution 92-50 Setting Forth
Fact and Determinations Regarding the Strobel Annexation and Zoning.
On March 17, Council also unanimously adopted Ordinance No. 44, 1992 and
Ordinance No. 45, 1992 which annex and zone approximately 5.1614 acres
located east of County Road No. 9 and south of East Horsetooth Road
(County Road No. 40). The requested zoning is the RLP, Low Density Planned
Residential District. The property is largely undeveloped, with one single
family residence and agricultural use (cornfield) located on the property.
The intent is to subdivide this property into three single family
residential lots. The property is currently zoned FA-1, Farming in the
County. This is a voluntary annexation.
Ordinance No. 37, 1992, which was unanimously adopted on First Reading on
March 17, appropriates $434,668 in unanticipated revenue which allows for
the purchase of new paratransit mini -buses and vans for Care -A -Van, Inc.
These new vehicles will support the City's contract for paratransit
services. The City received notice that the U.S. Department of
Transportation has approved federal funds for the purchase of ten new
mini -buses and vans through the City of Fort Collins for support of
paratransit services. These grants are competitive in nature and the
award was not "expected" in the way federal operating funds are received
each year.
Ordinance No. 144, 1992, authorized the Purchasing Agent to enter into a
lease purchase financing agreement with Public Finance Group Inc., at the
interest rate of 6.6715, for acquisition, of vehicles and equipment. The
Purchasing Agent entered into a lease purchase agreement with Public
Finance Group Inc. on January 22, 1992. Public Finance was obligated by
the Lease Purchase Agreement to place $728,044 into the City's escrow '
account on February 6, 1992. As of February 25, the money from Public
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April 7, 1992
Finance had not been deposited in the City's escrow account. At that
time, the City formally notified Public Finance of the need to correct
this default. Public Finance then withdrew from the Lease Purchase
Agreement.
Consequently, the City has solicited new proposals from 10 firms for
lease -purchase financing for the City's veh.icle, equipment and cable
requirements. The proposal meeting all City requirements and offering the
lowest net effective interest rate of 6.3422% was received, from SAFECO
CREDIT CO., INC.
SAFECO'S 6.3422% net effective interest rate is composed of 5.94% for 2
year, 6.11% for 3 year, 6.27% for 4 year and 6.44% for 5 year lease terms.
This rate is .3293% lower than that offered by Public Finance.
14. Hearinq and First Readinq of Ordinance No. 47. 1992. Amending Section 29-
15.
Under Section 29-678 of the Zoning Code, if a developer or other person
constructs a street through undeveloped property, then that person may
execute a reimbursement agreement with the City. This agreement states
that the City may try to collect the construction costs for the original
street builder when the undeveloped property applies for development
approval. The City would attempt to collect this street construction cost
and reimburse the original installer of the street, less a three percent
(3%) administration fee.
This proposed amendment would change the time limit that a developer had
to apply for a reimbursement agreement from ninety days to twelve months,
allow redevelopment of a property to trigger its obligation to repay
street construction costs, and specify the information required to apply
for a reimbursement agreement.
There are two other places in the Code which authorize reimbursement
agreements, Section 24-95(c) Streets and Sidewalks, and Section 22-37
Public Improvements (SID's). Both of these sections were reviewed and
neither requires any change at this time.
In 1991, the City created a money purchase program for active members of
the Fire Fighter's Pension Plan that desired to transfer. City staff
anticipated that the members remaining in the Fire Fighter's Plan would be
converted to individual annuity contracts during 1991. Monies in the plan
were projected to be sufficient to acquire the annuities. Late in 1991,
interest rates began to decline and the decision to purchase the contracts
' was delayed. As this occurred after the budget was adopted, the City
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April 7, 1992
entered 1992 without an appropriation to make monthly payments to the
retired members and beneficiaries of the Plan. This Ordinance provides
the expenditure authorization for monthly payment to the beneficiaries of
the Fire Fighter's Plan. Staff will continue to monitor interest rates,
obtain annuity quotes, and implement the transfer to annuities when
interest rates allow. At that time the remaining funds necessary for the
conversion to the annuities will be requested.
16. Items Relating to the General Employees Retirement Plan.
17.
A. Resolution 92-56 Adopting the City of Fort Collins General Employees
Retirement Plan As Amended and Restated
Hearing and First Reading of Ordinance No. 49, 1992, Appropriating
Prior Year Reserves in the General Employees Retirement Pension
Fund.
The City of Fort Collins General Employees Retirement Plan (GERP) is
intended to provide retirement benefits for the majority of the City's
employees. As of January 1, 1991, the Plan had 664 active members, 130
terminated members with vested pension rights, and 86 retired members.
Over the past two years, the General Employees Retirement Committee '
(GERC), with assistance from legal counsel and the Plan's actuary,
identified and studied a number of changes to the Plan. The changes
clarify, explain, and redefine the. Plan's provisions to conform to new
Internal Revenue Service regulations, provisions of the Colorado Revised
Statutes, and otherwise incorporate certain administrative practices.
Only one of the changes has a financial impact.
The applicant, Ray Pigg, on behalf of the property owner, Flatiron
Companies, has submitted a written petition requesting annexation of
approximately 12.6 acres located on the north side of East Prospect Road,
between the Orthopaedic Center of the Rockies and the Cache La Poudre
River. This is the proposed site for the new Advanced Energy office and
manufacturing facility.
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
(30) days of prior notice is required by Colorado Law.
The property is located within the Fort Collins Urban Growth Area. '
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April 7, 1992
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 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 a common boundary with the Riverbend Second Annexation to
the north and west and the Milne Annexation to the east.
The City of Fort Collins has been invited to join several public and
private organizations involved in natural resource management in
establishing the Colorado Rockies Regional Cooperative (CORRC). The
purpose of CORRC is to promote cooperation in research, education, and
planning in natural resource management. The Resolution authorizes the
Mayor to execute a Memorandum of Understanding and authorizes the City
Manager to assign staff to participate in CORRC.
19. Resolution 92-60 Making an Appointment to the Urban Growth Area Review
Board.
A vacancy currently exists on the Urban Growth Area Review Board due to
the expiration of Ed Stoner's term.
Applications were solicited and Councilmembers Kirkpatrick and Horak
conducted interviews. The interview team is recommending that Brian Zick
be appointed to complete a term expiring July 1, 1995.
20. Routine Deeds.
Deed of Right -of -Way from Security Benefit Life Insurance Company
for a portion of Mitchell Drive north of Bockman Drive. Monetary
consideration: $0.
Deed of .Dedication from Freeman M. and Emily M. Smith, 1528 South
Whitcomb, for the installation of a traffic signal pole at the
corner of the Prospect and Whitcomb intersection. Monetary
consideration: $10
Deed of Dedication from Thomas A. Jennaway, 600 West Prospect, for
the installation of a traffic signal pole at the corner of the
Prospect and Whitcomb intersection. Monetary consideration: $10
Deed of Dedication from Gilbert H. and Maxine N. Fechner, 601 West
Prospect, for the installation of a traffic signal pole at the
corner of the Prospect and Whitcomb intersection. Monetary
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April 7, 1992
'
consideration: $10
e.
Deed of Dedication Younghee Han, 1600 South Whitcomb, for the
installation of a traffic signal pole at the corner of the Prospect
and Whitcomb intersection. Monetary consideration: $10
Ordinances
on Second Reading were read by title by City Clerk Wanda Krajicek.
Item #9A.
Second Reading of Ordinance No. 38, 1992, Annexing Approximately
2.31 Acres, Known as the Barnes Annexation.
Item #9B.
Second Reading of Ordinance No. 39, 1992, Zoning Approximately 2.31
Acres, Known as the Barnes Annexation, into the R-L-P, Low Density
Planned Residential, Zoning District.
Item #10A.
Second Reading of Ordinance No. 40, 1992, Annexing Approximately
5.78 Acres, Known as the Cameron Park Annexation.
Item #10B.
Second Reading of Ordinance No. 41, 1992, Zoning Approximately 5.78
Acres, Known as the Cameron Park Annexation, into the B-L, Limited
Business, Zoning District.
Item #11A.
Second Reading of Ordinance No. 44, 1992, Annexing 5.1614 Acres,
Known as the Strobel Annexation.
'
Item #11B.
Second Reading of Ordinance No. 45, 1992, Zoning 5.1614 Acres, Known
as the Strobel Annexation, into the RLP, Low Density Planned
Residential Zoning District.
Item #12. Second Reading of Ordinance No. 37, 1992 Appropriating Unanticipated
Revenue in the Transit Services Fund for the Purchase of Paratransit
Mini -Buses and Vans for ,Care -A -Van, Inc.
Ordinances on First Reading were read by title by City Clerk Wanda Krajicek.
Item #13. Hearing and First Reading of Ordinance No. 46, 1992, Repealing
Ordinance No. 144, 1991 and Authorizing the Purchasing Agent to
Enter into an Agreement for the Lease -Purchase Financing of Vehicles
and Equipment.
Item #14. Nearing and First Reading of Ordinance No. 47, 1992, Amending
Section 29-678 of the Code Relating to Reimbursements.
Item #15. Hearing and First Reading of Ordinance No. 48, 1992, Appropriating
Prior Year Reserves in the Fire Fighter's Pension Fund.
Item #16B. Hearing and First Reading of Ordinance No. 49, 1992, Appropriating '
Prior Year Reserves in the General Employees Retirement Pension
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April 7, 1992
Fund.
Councilmember Azari made a motion, seconded by Councilmember Edwards, to adopt
and approve all items not removed from the Consent Calendar. Yeas:
Councilmembers Azari, Edwards, Fromme, Horak, Kirkpatrick, and Maxey. Nays:
None.
THE MOTION CARRIED.
Staff Reports
City Manager Burkett introduced Stephen J. Blackadder, a visiting General Manager
(City Manager) from Rockdale, Australia, who is on a study tour on regional
cooperation.
Cultural, Library, and Recreation Services Director Mike Powers introduced Joy
Poole, the new Museum Director.
Councilmember Reports
Councilmember Fromme reported that the Cable TV Board and the City would be
holding a public forum on cable television services and issues at 7:00 p.m. on
Wednesday, April 22 at the Student Center of Colorado State University.
Mayor Kirkpatrick reported she had testified in Washington before the Senate
Subcommittee on Public Lands regarding the National Water Heritage Area bill.
She further reported on her attendance at a national workshop on hazardous
materials transportation sponsored by the Department of Energy in Las Vegas.
Resolution 92-58 Authorizing the Mayor
to Enter into an Intergovernmental Agreement
with Poudre Valley Hospital District to Provide
24-Hour Dispatch Services to the District. Adopted
The following is staff's memorandum on this item:
"EXECUTIVE SUMMARY:
The Poudre Emergency Communication Center has provided dispatch services for the
Poudre Valley Hospital District for the past eleven years under similar
agreements.
Under the agreement, the District will pay the City $72,060 as compensation for
communication services and anticipated expenses.
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April 7, 1992 ,
BACKGROUND:
The Intergovernmental Agreement with Poudre Valley Hospital District provides for
consolidation of dispatching services in the City's Communication Center. The
agreement is for one year, commencing January 1, 1992.
Under the agreement, the City provides 24-hour dispatch services, centralized
response records, the central point for 911 emergency calls, dispatchers,
maintenance of equipment and Radio frequency access. In return, the District will
pay the City $72,060 for the services provided and anticipated expenses.
The payment from the District under the 1991 Agreement was $68,629 for dispatch
services and related expenses.
The Poudre Va11ey Hospital Board has reviewed, approved, and signed the
agreement."
Councilmember Edwards withdrew from discussion and vote on this item due to a
perceived conflict of interest.
Councilmember Fromme made a motion, seconded by Councilmember Azari, to adopt
Resolution 92-58.
Councilmember Fromme asked about the date of commencement and the cost to provide I
this service.
Police Services Division Commander Bud Reed replied that the effective date of
the agreement is January; however, the Hospital had just returned the agreement.
He stated that the City's cost is probably in excess of $72,000, but would
prepare some figures.
Councilmember Fromme inqu fired about raising the fee so the City breaks even.
Reed replied the intergovernmental agreement provides for an increase of 5% per
year through 1994. He recommended review prior to renewal.
Councilmember Horak asked for assurance that a record of costs will be kept prior
to negotiations for renewal. He requested information on the method of compiling
the cost figures and supported charging the fair amount for the service rendered.
The vote on Councilmember Fromme's motion to adopt Resolution 92-58 was as
follows: Yeas: Councilmembers Azari, Fromme, Horak, Kirkpatrick, and Maxey.
Nays: None. (Councilmember Edwards withdrawn)
THE MOTION CARRIED.
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April 7, 1992
Items Relating to the Issuance of
City of Fort Collins Downtown Development
The following is staff's memorandum on this item:
"EXECUTIVE SUMMARY:
Resolution 92-61 Authorizing the Mayor to Enter into an Intergovernmental
Agreement with the Downtown Development Authority Regarding the Approval
Process for the Development of Projects, the Issuance of Bonds and Other
Obligations and the Appropriation and Expenditure of Funds.
Second Reading of Ordinance No. 36, 1992, Authorizing the Issuance of City
of fort Collins Downtown Development Authority Tax Increment Refunding
Bonds.
The Resolution describes and clarifies how new, projects within the DDA will be
financed in the future. The 1992 Refunding uses the monies held in the
Development and Expense account (the Capital Projects Construction account) to
pay off existing debt. The financing structure of the refunding bonds is
designed to provide savings in the first few years of the refunding, 1992 to
' 1995. The savings will accumulate and be held in the debt service fund. The
monies held in the debt service fund can be used according to the priorities
described in the bond ordinance. The priority of uses are 1) for the payment of
debt service on the refunding bonds, 2) the coverage of the debt service reserve
fund requirements and 3) for subordinate debt.
According to the intergovernmental agreement the savings accumulated in the debt
service fund may be used to secure subordinate bonds or indebtedness. The DDA
Board is responsible for identifying new projects and making recommendations to
the City Council for their financing. The City Council has the discretion to
approve such subordinate bonds or indebtedness for specific development projects.
On March 17, 1992, Council authorized the City Manager to accept the interest
rates and sign the bond purchase agreement. Staff anticipates that the bonds
will be issued the week of March 30-April 3. Interest rates will be inserted
into the bond ordinance on second reading."
Finance Director Alan Krcmarik made a presentation describing both items A and
B.
Councilmember Azari made a motion, seconded by Councilmember Edwards, to adopt
Resolution 92-61. Yeas: Councilmembers Azari, Edwards, Fromme, Horak,
Kirkpatrick, and Maxey. Nays: None.
THE MOTION CARRIED.
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April 7, 1992
Councilmember Edwards made a motion, seconded by Councilmember Fromme, to adopt
Ordinance No. 36, 1992 on Second Reading.
Councilmember Fromme, on behalf of Councilmember Winokur, inquired whether the
following three originally required conditions had been met: (1) sale of the
Small Wonder lot for $100,000; (2) mill levies would remain constant throughout
the life of the bonds; and (3) projects would be built using all of the $3.3
million new money.
Krcmarik replied that the sale of the Small Wonder lot and the Mason Street lot
have not occurred. The value of the lots (DDA assets) is less than projected;
however, the tax increment from the District has outperformed expectations and
there is more money on hand than had been projected.
Burkett stated the refunding reduces the debt service and, based on conservative
assumptions, DDA will have the revenue from tax increment to cover all of its
debt service.
Councilmember Fromme asked if the DDA debt were not being refunded a second time,
would the $2.5M remaining in the construction account have to be used to retire
the bonds because of federal law.
Krcmarik stated the limitation on using the construction monies is established '
by Council, not federal law. All of the remaining balance of the project money
has been used to pay off the debt. Mill levies have grown more than anticipated.
Councilmember Fromme inquired, on behalf of Councilmember Winokur, what
assumptions were being made for the currently proposed DDA refunding and what are
the risks.
Krcmarik replied some debt service will move from front end to back end. This
will produce savings up front and savings between increment expected and debt
service to be paid in the next 3 years. This would produce money for projects.
He stated the future annual growth in the increment is assumed to be less than
3% per year decreasing over time to 2% per year in 2004 - 2005.
Councilmember Fromme further inquired about the potential financial impact on the
City sales and use tax fund if the Old Town appeal of tax assessment is
successful and the reduction is applied to other properties in the District.
Krcmarik replied if the appeal is successful, $60,000 of tax increment would be
lost on that project alone. He further stated that if everyone else in the
District is successful, the increment would be cut in half at least. He
continued that the refunding would save that amount per year in the first three
years, then the debt service would gradually grow and tax increment would grow
to keep up or stay ahead. He stated that the bonds are secured by sales and use
tax from the entire city.
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April 7, 1992
Burkett added that the City does not believe the Old Town reassessment appeal
will be successful for the kind of reassessment requested. He added that even
if the reassessment is successful, it is unlikely that all the other properties
in the downtown would be reduced to that extent.
Councilmember Fromme asked about guarantees that any new projects funded with DDA
debt will generate at least the tax increment needed to service the debt on those
projects without impacting the sales and use tax fund.
Krcmarik replied Council has the final decision on any projects.
Councilmember Horak expressed the hope that no new projects will be considered
until the reassessment appeal is resolved.
Burkett noted that a GID discussion was scheduled for the June 9 work session.
Councilmember Fromme, on behalf of Councilmember Winokur, spoke in support of the
bond refunding but expressed his concerns about the potential negative impacts
of tax increment financing appeals on the DDA debt service cash flow.
Councilmember Azari, as Council representative on the DDA, asserted that
potential projects would be responsibly brought before Council.
' Councilmember Horak expressed concerns about conservative assumptions and debt.
Councilmember Edwards supported the refunding.
Mayor Kirkpatrick supported the refunding.
The vote on Councilmember Edwards' motion to adopt Ordinance No. 36, 1992 on
Second Reading was as follows: Yeas: Councilmembers Azari, Edwards, Fromme,
Horak, Kirkpatrick, and Maxey. Nays: None.
THE MOTION CARRIED.
Citizen Participation Follow -Up
Director of Utility Services Rich Shannon gave an update on Mr. Kay, stating the
sod work would be completed by the end of the month.
Resolution 92-62 Adopting a Policy and Giving
Direction Regarding Implementation of
Changes to the Police Complaint Process Adopted
The following is staff's memorandum on this item:
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April 7, 1992
"EXECUTIVE SUMMARY:
Last August, the Council directed the Health and Safety Committee to work with
the Human Relations Commission and staff to develop recommendations concerning
policy options for the handling of police complaints. A Final Report and
Recommendations has been written to reflect the consensus of the Health and
Safety Committee and the Human Relations Commission concerning proposed changes
to the police complaint process. The attached Resolution sets out a proposed
policy and gives direction concerning the implementation of recommended changes
to be completed no later than July 7. Recommendations include the creation of
a citizen liaison program, expansion of the review role of the Human Relations
Commission, and improvements to information flow and the administrative complaint
process.
BACKGROUND:
As part of a 1991-1992 workplan adopted by Resolution 91-162, the Health and
Safety Committee and the Human Relations Commission conducted a community
outreach program to gather perceptions concerning policy options and ideas for
improving the handling of citizen complaints about police services.
The Health and Safety Committee and the Human Relations Commission evaluated
possible options concerning the handling of police complaints and developed '
recommendations for Council's consideration based on the following fundamental
commitments: 1) the citizen complaint process should be improved to address
community concerns and perceptions concerning openness and trust; 2) any changes
to the system must be fiscally responsible; and 3) the legal rights of employees
must be protected. The Health and Safety Committee believes that the proposed
changes meet these basic commitments and incorporate an elemental degree of
citizen empowerment within the complaint process, while diversifying the
environment in which.the police department carries out its duties.
OPTIONS CONSIDERED
The following options were discussed by the Human Relations Commission and the
Health and Safety Committee in developing recommendations:
Current system:
Fort Collins Police Services has an Internal Affairs Unit, staffed full time by
a police sergeant. Police Services fields complaints, investigates formal
complaints, and formulates and administers any corrective action. The
complainant may appeal to the Human Relations Commission to review the
sufficiency and accuracy of the police investigation. The Commission has no
disciplinary authority but makes recommendations concerning the accuracy and
sufficiency of the investigation to the City Manager.
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Class I Complaint Review Processes:
(a) Initial investigation and fact-finding by non -sworn personnel.
(b) Review of investigative report and recommendation or action by non -sworn
person or board consisting of a majority of non -sworn persons.
Class II Complaint Review Processes:
(a) Initial investigation and fact-finding by sworn officers.
(b) Review of investigative report and recommendation for action by a non -sworn
person or board which consists of a majority of non -sworn persons.
Class III Complaint Review Processes:
(a) Initial investigation and fact-finding by sworn officers.
(b) Review of investigative report and recommendation for action by sworn
officers.
(c) Opportunity for the citizen who is dissatisfied with the final disposition
' of the complaint to appeal to a board which includes non -sworn persons.
Independent Complaint Authority:
Some cities fund an independent complaint authority to investigate all complaints
against the city. This requires the funding of staff people and .full time
investigators.
Expanded Role of the Human Relations Commission:
The City Council could choose to affirm the involvement of the Human Relations
Commission, but consider adjusting its authority to include the review of
findings and discipline administered by Police Services (in addition to reviewing
the sufficiency of the investigation) with recommendations to the City Manager.
SUMMARY OF HEALTH AND SAFETY COMMITTEE RECOMMENDATIONS
The Health and Safety Committee unanimously recommends that Council adopt the
proposed Resolution, which would give direction for implementing improvements to
the police complaint process, in order to satisfy community perceptions
concerning fairness and equity in the system, to increase the public's level of
comfort with the complaint process, and to enhance the environment in which the
police provide services to the community. The suggested changes are as follows:
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April 7, 1992
Role of the Human Relations Commission:
The role of the Human Relations Commission should be expanded to add another
dimension of citizen empowerment to the police complaint process and to diversify
the environment in which Fort Collins Police Services functions.
It is recommended that the process be modified to provide that the HRC Police
Subcommittee will automatically review internal investigations for certain kinds
of complaints prior to the Police Chief's decision regarding the merits of such
complaint. The Police Subcommittee will continue to be appointed by the HRC and
the Subcommittee's composition will be approved by the City Manager. In addition
to reviewing the accuracy and sufficiency of the investigation, the Police
Subcommittee would have the ability to directly discuss its observations from a
citizen's perspective with the Police Chief. Examples of the type of complaints
subject to such review would be incidents involving the use of force, alleged
criminal acts, severe injuries or death resulting from an act or failure to act,
discharge of firearms, and breach of citizen's civil rights. Training of
Subcommittee members will be a key to the effectiveness of the process.
The Human Relations Commission, absent the Police Subcommittee, would serve as
an appeal board for citizen complaints after the Police Chief's decision is
rendered. The HRC's appeal recommendation concerning the accuracy and
sufficiency of the investigation would be forwarded to the City Manager.
It is recommended that the ability of the Commission to meet directly with a
'
complainant during any Commission review be affirmed.
The Human Relations Commission should conduct an annual review to determine the
continuing effectiveness of the new process.
Disciplinary and Investigative Roles:
It is recommended that the final decision regarding discipline continue to rest
with the Chief of Police, and the investigative function remain with Fort Collins
Police Services. The expanded role of the Human Relations Commission as outlined
above will provide the Police Chief with additional citizen perspective as part
of the collective opinions which serve as the basis for decision making.
Citizen Liaison Program:
An informal citizen liaison program should be established to provide assistance
to complainants in proceeding through the process, to provide opportunities to
work directly within the process with someone in addition to a sworn officer, and
to maximize the number of non -intimidating entry points into the system.
It is recommended that the Human Relations Commission be authorized to appoint
citizen liaisons and that the Commission be directed to develop guidelines and
criteria for the citizen Liaison program within the following parameters:
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' April 7, 1992
Liaisons should undergo training in the police complaint processes and
procedures, and receive such other training as the Human Relations Commission
determines to be appropriate.
- Program guidelines should include a term of service for liaisons, the number
of liaisons to be appointed, an advertising and application process, and a
process for removal of liaisons from the accredited roster with or without cause.
- Community groups and organizations should be actively encouraged to recruit
interested and qualified individuals to apply to serve as citizen liaisons.
- Liaisons shall provide assistance in as professional and objective a manner
as possible. Therefore, no liaison should accept an assignment in which he or
she has any perceived interest which conflicts with the performance of the
functions of the position.
- The coordination of the liaison program and the central registry for
liaisons will be through the Employee Development Department.
- The role of the citizen liaison should be defined within the following
general guidelines:
' 1) Liaisons will encourage complainants to make full use of the process.
2) Liaisons will field telephone and in -person inquiries concerning the
complaint process, and wi11 proactively, upon request, provide direct assistance
concerning the complaint process, while seeking to remove obstacles to resolving
complaints.
1
3) Liaisons may, if requested to do so, accompany a citizen or walk the
citizen through the complaint process to provide indirect moral support and to
provide advice concerning the nature of the complaint process.
4) Liaisons may be afforded access to the general facts of the incident as
may be provided by the complainant if he or she desires to do so, but the liaison
will not be afforded access to any personnel files or other confidential records
or information maintained by the City.
5) Giving legal advice to a complainant is not a function of a citizen
liaison.
6) A citizen liaison will limit his or her discussions of information
gained about the alleged actions of any city employee or other alleged facts of
the incident as well as any personal views or opinions formed about the
complainant, the claim or its merits, to the HRC member and those city personnel
who are involved in the processing of the complaint.
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April 7, 1992 '
Information Flow:
The rights of employees and complainants must be protected within the complaint
process. Within legal limitations, information concerning police complaints
should be made available to the public on a continuing basis and at the maximum
permissible level. Improved informational material should be prepared by staff
to fully acquaint the public with the complaint process and to give information
concerning the recommended citizen liaison program. This information should be
made readily available at locations throughout the city.
It is also recommended that Fort Collins Police Services issue a quarterly
statistical summary concerning the number of formal and informal complaints
processed and the percentage of complaints sustained in favor of the complainant.
It is recommended that written guidelines be prepared concerning the release of
information and the format and content of the quarterly information report.
Administrative Changes:
The basic level of customer service in the handling of complaints can be improved
through administrative changes by Fort Collins Police Services to enhance
communications and expedite follow-up throughout the complaint process. Such
changes would include improved timeliness of response and monitoring of progress '
in resolving the complaint. These administrative changes can and should be
explored during an ongoing departmental review of internal processes.
TIMELINE FOR IMPLEMENTATION
It is the recommendation of the Health and Safety Committee that the proposed
changes be implemented and the necessary legislation be prepared for Council's
consideration no later than July 7, 1992. The Resolution would give direction
for implementation within this timeframe."
Councilmember Maxey made a motion, seconded by Councilmember Azari, to adopt
Resolution 92-62.
Councilmember Maxey made a presentation on this item, stating the item was
handled through the Health and Safety Committee (Mayor Kirkpatrick, Mayor Pro Tem
Ann Azari, and Councilmember Maxey). He noted that members of the Human
Relations Commission served as facilitators at the outreach meetings. He
specified the recommendation had been reviewed by legal staff to protect
individual rights.
Gary Wells, Human Relations Commission Chairperson, confirmed Councilmember
Maxey's report.
Police Chief Fred Rainguet stated that the two recommendations for the Department
contained in the Resolution are being taken care of right now so follow-through '
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April 7, 1992
can be accomplished rather quickly.
Sandy Lemberg, representing Larimer County Chapter of the ACLU, outlined the
guidelines proposed by the ACLU:
1. (a) a complaint could be initiated with the citizen liaison from
the HRC or with the Police Department.
(b) if a complainant contacts the Police Department initially, both
options should be volunteered.
2. a citizen liaison should be involved in the entire process.
3. all decisions made by HRC should be binding
4. HRC should have subpoena power in conducting its investigation.
5. HRC should have sufficient funding to perform functions.
Barbara Allison, 1212 Lynnwood Drive, spoke in support of the Police Department.
Councilmember Maxey clarified that the proposed process is for those complaints
which rise above the level of the incidents described by Mrs. Allison.
David Lipp, 626 Remington, spoke of his dissatisfaction with the handling of
complaints in the past and with the proposed Resolution.
Al Bacilli, 520 Galaxy Court, spoke in favor of a civilian review board.
Duncan Philp, 205 E. Plum, Concerned Citizens on Police Matters, expressed
disappointment with the Resolution.
Mayor Kirkpatrick inquired about the availability of the citizen liaison during
the process.
Councilmember Maxey replied that the liaisons will be set up by the Human
Relations Commission but will be coordinated through the Employee Development
Department. The availability and greater accessibility of the liaisons may
indicate more cases will occur and more liaisons will be needed.
Mayor Kirkpatrick clarified that the involvement of the citizen liaison is at the
request of the complainant.
Councilmember Horak requested that information on the review process be easily
accessible.
Chief Rainguet emphasized that the new process will be well-known by anyone
taking calls and information would be provided automatically. He further stated
the present brochure will be revised and reissued and offered to produce a video
on the process.
Councilmember Azari stated the Committee's expectation was to build fair access,
' less intimidation, and resolution of problems early in the process. If Council
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April 7, 1992
agrees with the Committee recommendations, then the different administrative
processes need to be worked out.
Councilmember Horak stated the recommendations were reasonable in light of the
outreach. He expressed the hope that the new process would make it easier for
people to come forward with their problems.
Councilmember Azari responded that the number of complaints may increase in the
future and the HRC recommends annual review of the process.
Councilmember Fromme supported giving the recommendation a chance, giving her
concerns that the new process would make it easier to make a complaint but not
easier to resolve a complaint.
Councilmember Azari, responding to three comments from the ACLU, stated: (1) The
liaison's work with complainant and early participation should ease the concern
that the complainants allegations are under as much scrutiny as the actions and
reports of the police; (2) The intent of the Council is that HRC will have
resources to carry out its new task; (3) Within the constraints of the City
Charter, the recommendations will carry as much weight as possible. She asserted
liaisons would be recruited from every segment within the City.
Mayor Kirkpatrick supported the recommendation, reflecting that the collaborative
effort in developing this innovative recommendation had increased her I
understanding of the needs of the community.
The .vote on Councilmember Maxey's motion to adopt Resolution 92-62 was as
follows: Yeas: Councilmembers Azari, Edwards, Fromme, Horak, Kirkpatrick, and
Maxey. Nays: None.
THE MOTION CARRIED.
Items Pertaining to the Library Computer System
Ordinance No 50, 1992, Option A. Adopted
The following is staff's memorandum on this item:
"FINANCIAL IMPACT:
Option A - Lease/purchase: This option requires an estimated $15,820 per quarter
($63,300 per year) for lease/purchase of equipment and software. Recommended
sources for the three payments required for 1992: $15,000 from the
communications fund reserves, $22,500 from the general fund equipment reserves
fund and $10,000 from the recreation fund. The $63,300 needed for future annual
payments will be incorporated in the budget process. The $210,000 already
allocated for the project will cover the cost of the conversion and
implementation phase. Estimated fund balance in the General Fund Equipment '
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April 7, 1992
Replacement Reserves is $1,005,000
Option B - Outright purchase: This requires $236,000 additional one-time
funding. Recommended sources: $15,000 from the communications fund reserves and
$221,000 from the general fund equipment reserves fund. The $210,000 already
allocated for the project will cover the cost of the conversion and
implementation phase.
On -going funding to maintain the computer system will cost $27,000 annually
beginning in 1994: ICS has $11,000 presently budgeted for computer maintenance
that could be made available to the library for maintenance of the computer
system. The remaining $16,000 will be incorporated in the annual budget process.
EXECUTIVE SUMMARY:
A. Hearing and First Reading of Ordinance No. 50, 1992, Authorizing the
Purchasing Agent to Enter into an Agreement for the Financing by Lease -
Purchase of a Library Computer System. (Option A)
B. Hearing and First Reading of Ordinance No. 50, 1992, Appropriating Prior
Year Reserves and Authorizing the Transfer of Appropriations Between Funds
for a Library Computer System. (Option B)
The library system must be replaced within the next two years. Money
appropriated in 1990 does not cover project costs. Staff is requesting an
additional $236,000 for implementation. Option A authorizes lease -purchase;
option B authorizes outright purchase.
BACKGROUND:
The library system must be replaced within the next two years. The vendor is
discontinuing support for parts of the system and recommends replacement.
Failure to do so puts the Library at risk of not being able to operate. It takes
a minimum of 5 months to implement a new system.
In October 1990, Council approved $370,000 for new library, recreation, and
elections systems. The justification for the system replacements was based on
service benefits, increased public access, reduced maintenance costs and the
hardware change described in ICS' long range computing plan. This is the first
opportunity to substantially improve the Library's computer based services since
1980 when circulation control was automated.
Last summer, the library system project team considered library users' needs to
determine system requirements. The evaluation criteria for the competitive
software selection process included the overall cost to implement the software,
the vendor's background, and software functionality. The finalist vendor is
Dynix, Incorporated.
I 1 274
April 7, 1992 '
The overall cost to implement the Dynix software is $446,000. This includes all
software, conversion, hardware, and training costs. The payback for this amount
is 4 years, based on reduced maintenance costs and 2.5 FTE library staff
reallocation. Staff is requesting $236,000 for implementation costs.
Amount Source
$183,000 Original Amount from 1990
17,000 Set aside from Library and ICS 1991 funds
10,000 Set aside from Sperry Migration funds (1990)
236,000 Additional request
$446,000"
Applications Systems Coordinator Alix Gotthard made a presentation on this item.
City Manager Burkett reiterated that the new system would increase customer
service, is cost effective, and will improve the library's ability to measure its
effectiveness.
Councilmember Fromme made a motion, seconded by Councilmember Azari, to adopt
Ordinance No. 50, 1992, Option A, on First Reading.
Councilmember Azari inquired if the savings of 2.5 FTE from the library staff '
would be offset by the increased need for technical support from the ICS
Department.
Gotthard replied the change would have no impact on ICS.
Councilmember Azari asked if the savings in 2.5 FTE would remain over 4 years.
Library Director Jane Davis responded it is anticipated as an on -going savings
over 5 years. She stated that Weld County had cut its data processing staff with
this very efficient system.
Councilmember Horak asked for clarification of the $40,000 cost associated with
waiting for the next budget cycle.
Burkett stated that the maintenance cost for the new system will be lower than
for the present UNISYS system.
Davis stated that it will take 5-6 months after approval to implement the new
system and, if approval waited for the next budget cycle, the City would also
need to rebid.
Director of Cultural, Library and Recreation Services Mike Powers stated that
budget approval would be 8 months from now and delaying 8 months would mean
paying maintenance on the UNISYS for 8 additional months at a total cost of '
$40,000.
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April 7, 1992
Councilmember Horak inquired about the difference between the original $183,000
and $446,000.
Gotthard replied that in the past estimates were done in sync with the budget
cycle and then a requirements study was done. She stated that only one scope was
looked at when the budget estimate was done on this project.
Councilmember Horak inquired how accurate predictions of cost/benefit estimates
have been.
Gotthard replied that each computer project has a post -study which measures hard
costs (maintenance, etc.) and soft savings (efficiency, etc.). She stated that
on the WordPerfect project, the hard estimates were very close, but on the soft
estimates, the estimates were higher on ICS and utilities and lower in CLRS and
Police.
Councilmember Fromme asked if support for the UNISYS would be available if the
decision is made during the budget process.
Gotthard replied UNISYS would be supported but down time could increase.
Councilmember Edwards inquired if there will be adequate library resources if the
' greater accessibility results in greater demand.
Davis replied this technology may fuel demands for materials but lessen demands
for staff.
Councilmember Edwards asked what resources would be available to meet the demand
for more titles.
Davis replied one possibility would be to institute a charge for dialup access.
Councilmember Horak clarified that no specific data had been obtained from other
libraries on the effect implementation of this system had on the demand for
materials.
Burkett anticipated library usage would increase, but per unit cost for providing
service would decrease.
Councilmember Fromme supported the Ordinance, noting that dialup will reduce
pollution.
Councilmember Horak supported the project, but gave his concerns on the cost and
the overall impact of the system.
Councilmember Azari gave her concerns about estimates done prior to requirements
studies and requested return on investment studies on a regular basis similar to
' quarterly reports.
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April 7, 1992
Councilmember Maxey complimented staff on the Library Computer System report.
Councilmember Edwards requested that the library monitor demand.
Mayor Kirkpatrick pointed out that because of resource reductions, schools may
not have as many titles and may place greater demand on the public library.
The vote on Councilmember Fromme's motion to adopt Ordinance No. 50, 1992, Option
A, on First Reading was as follows: Yeas: Councilmembers Azari, Edwards, Fromme,
Horak, Kirkpatrick, and Maxey. Nays: None.
THE MOTION CARRIED
Resolution 92-63 Adopting a Water
Demand Management Policy, Adopted
The following is staff's memorandum on this item:
"FINANCIAL IMPACT:
This resolution provides broad water demand management policy criteria, which in
itself does not have a financial impact. Separate actions required to implement
policy elements may be considered in future budgets. I
EXECUTIVE SUMMARY:
This resolution provides for the adoption of five water demand management policy
elements that were developed during the last year by the Water Demand Management
Committee. The policy elements deal with the following five areas: (1)
demonstrate a water conservation "ethic", (2) increase public education, (3)
defer water treatment plant expansion, (4) ensure permitting compliance, and (5)
maintain the city's attractive landscaping. The resolution also establishes
demand management goals, including: (1) improve, document, and publicize the
City government's water use efficiency, (2) lower both the adjusted per capita
peak daily demand, and the adjusted per capita annual consumption, 5% by the year
1996, 10% by the year 2000, and 17Y by the year 2010, and (3) review progress in
meeting goals on an annual basis, and make adjustments as necessary. Finally,
the resolution directs the staff to implement twelve specific demand management
measures, associated with the following areas: (1) leak detection program for
the water distribution system, (2) indoor water audit of City -owned facilities,
(3) metering of all City department water use, (4) more aggressive public
education campaign, (5) converting the irrigation of city -owned landscapes from
potable to "raw" water, (6) training to improve irrigation practices of City -
owned land, (7) voluntary certification program for sprinkler contractors, (8)
adding water -conserving actions to the L.D.G.S. points charts, (9) water
conservation standards for irrigation systems, (10) central irrigation control
for City -owned landscapes, (11) water -conserving guidelines for City -owned ,
277
April 7, 1992
landscapes, and (12) a zero -interest loan program for water conservation
measures.
BACKGROUND:
In February of 1990, the Council directed the creation of a Water Demand
Management Committee, for the purpose of reviewing the City's current water
demand management policies and practices, and to make recommendations regarding
any suggested changes. The Committee was composed of three City Council members
and three Water Board members. Since that time, there has been considerable
study and discussion by the Committee and staff.
The Committee's first objective was to discuss and make decisions related to
metering. A water metering act was passed by the state in April of 1990, which
mandates metered water delivery and billing service by all of the state's water
service providers. The act requires the installation of meters for all taps made
after July 1, 1990. The act also requires that all taps be metered by January
1, 2009, with two additional incremental checkpoints in the years 2000 and 2005.
The Committee made recommendations related to the financing of the metering
program, in addition to determining a plan for converting existing non -metered
taps. These recommendations culminated in the enactment of Ordinance No. 122,
1990, amending certain sections of the Code.
The Committee then began to address demand management policies and practices,
other than metering. This process began with a review of the City's existing
demand management practices, and the development of a policy statement, goals,
and objectives. An all-inclusive list of possible demand management measures was
developed by staff, and then narrowed down to the 24 measures determined to be
most appropriate, acceptable, and potentially effective. These 24 measures were
then extensively discussed in subsequent meetings, with consideration of their
potential effectiveness, cost, and public acceptance.
The Committee concluded that twelve of the measures, as listed in Section 3 of
the Resolution, were worthy of immediate recommendation. Although other measures
considered by the Committee were not recommended, they should not be precluded
from later consideration during annual reviews of the demand management program.
It is the intent of the Committee that these annual reviews will monitor the
effectiveness of the demand management program, as related to the measurable
goals outlined in Section 2 of the Resolution, and that the program will be
amended as necessary.
At the October 18, 1991 Water Board meeting, the substance of the proposed
resolution recommended by the Water Demand Management Committee was unanimously
approved.
Copies of the resolution and an associated summary report were provided to the
Natural Resources Advisory Board in mid -October, 1991. A presentation was given
' to that Board on November 6th, to provide further information and to allow for
278
April 7, 1992 '
questions and comments. In general, the Board was supportive of the resolution,
in addition to expressing support for additional measures. They expressed their
specific comments in a letter to Council, dated November 22, 1991.
On December 10, 1991, the Council held a work session on the proposed demand
management resolution and summary report. Staff subsequently prepared a summary
of the questions and comments expressed by Councilmembers at the session, and
responses where appropriate. This summary, with relevant attachments, was
provided to Council members for their review on February 14, 1992. The proposed
resolution and summary report were amended as specified in the summary."
Councilmember Edwards made a motion, seconded by Councilmember Maxey, to adopt
Resolution 92-63.
Water Conservation Specialist Jim Clark gave a history on this item.
Councilmember Fromme expressed dismay that none of the Natural Resources Advisory
Board Recommendations were included in the final policy.
Councilmember Horak noted there were not a lot of "active" items in the list
contained in the Resolution.
Councilmember Edwards clarified that this is a first step in an evolving process I
and not an implementation plan. He noted the stated goals and the City's role
in implementing those goals.
Mayor Kirkpatrick stated the demand management goals provide a framework to work
within, giving Council the opportunity to add sections.
Councilmember Maxey spoke in support of the goals in the Resolution.
Councilmember Edwards supported water metering, stating he had a water meter
installed last year and had saved over $100 during that period.
The vote on Councilmember Edwards' motion to adopt Resolution 92-63 was as
follows: Yeas: Councilmembers Azari, Edwards, Fromme, Horak, Kirkpatrick, and
Maxey. Nays: None.
THE MOTION CARRIED.
Resolution 92-64 Amending the Council
Policy Regarding the Distribution of
The following is staff's memorandum on this item:
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April 7, 1992
"EXECUTIVE SUMMARY:
On March 5, Councilmember Winokur suggested that Council's policy on the
distribution of information to Council be revised to include electronic
communications among Councilmembers. Staff has prepared the following revisions
to Council's policy in order to accomplish that objective:
A new classification of electronic communications has been added to cover Email
memos among Counciimembers. The City Manager has been directed to place a public
terminal in City Hall West and reestablish the "media" user, and add that user
to the "Council" and "Questions" Distribution Lists. This will ensure that the
public has an opportunity to review electronic communications among
Councilmembers.
Two versions of the Resolution have been presented as Options A and B for
Council's consideration. Option A provides, in subparagraph 2(a), that all
electronic communications among any number of Councilmembers shall be made
available to the public. Option B would provide that all electronic
communications among three or more Counciimembers would have to be made available
to the public. The wording of Option B parallels the provisions of the Colorado
Sunshine Act, which states that all "meetings" of a quorum or three or more
members of any local public body shall be open to the public. ("Meetings" are
defined under the Act as any kind of gathering, convened to discuss public
' business, in person, by telephone or by other means of communication.)
In addition to adding the "Media" user to the distribution lists for electronic
communications among Councilmembers, the Resolution would also require that all
non -confidential electronic communications from City staff to the "Council" or
"Questions" distribution lists sha11 be made available to the public by inclusion
of the "Media" user on those lists.
If Council adopts this Resolution, staff will put in place a plan to implement
the policy immediately by training members of the media and interested citizens
in the use of EMail, and by establishing some ground rules for computer terminal
usage."
Assistant to the City Manager Julia Novak made a presentation explaining the two
options.
Councilmember Horak made a motion, seconded by Councilmember Fromme, to adopt
revised Resolution 92-64, Option A.
Barbara Allison, 1212 Lynnwood Drive, spoke in favor of accessibility to all City
EMail.
Councilmember Fromme clarified that any citizen will have access to the computer.
She further inquired whether staff communications are open records.
April 7, 1992
Roy stated this policy only addresses communications among Councilmembers and
communications from staff to Council. Under the public records act, any writing
is considered a public record. The Public Records Act permits custodians of
records to deny the right of inspection of privileged information. Council may
choose to establish a policy for electronic communications among staff.
Councilmember Horak proposed a friendly amendment to change the term "media" user
to "public."
Councilmember Edwards questioned whether adopting the Resolution would mean
Council would be giving up the deliberative process.
Roy confirmed that all communications among Councilmembers will be available to
the public regardless of their content. He clarified that Option B would not
require including the "public" user when an electronic message is sent from one
Councilmember to another.
Councilmember Horak spoke in favor of the Resolution.
Councilmember Azari stated the intent of the Resolution was to increase public
access to information.
Mayor Kirkpatrick spoke in
support of Option
A, but expressed concerns about
issues.of privacy.
'
The vote on Councilmember
Horak's motion to
adopt revised Resolution 92-64,
Option A, as amended, was
as follows: Yeas:
Councilmembers Azari, Edwards,
Fromme, Horak, Kirkpatrick,
and Maxey. Nays:
None.
THE MOTION CARRIED.
Other Business
Councilmember Horak expressed concern about the new CSU sign at the corner of
Shields and Elizabeth and questioned how the City could prevent something of this
nature happening in the future.
Burkett proposed an agreement with the University, similar to that with the
school district, in which the University agreed to go through the City's planning
and zoning processes when making changes.
Councilmember Horak asked if any formal communication documenting City concerns
about the sign has been sent to the University.
Mayor Kirkpatrick agreed that, after her conversation with President Yates, it
would be appropriate for her to write a letter suggesting options.
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April 7, 1992
Councilmember Horak requested a two -page memo regarding our advertising policy
specifically as it relates to cars displayed at EPIC.
Adjournment
The meeting adjourned at 10:35 p.m.
City Clerk ' ►-"
MayorM/�E�
282