HomeMy WebLinkAboutMINUTES-07/07/1992-RegularJuly 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 on Tuesday,
July 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, Maxey and Winokur.
Staff Members Present: Burkett, Krajicek, Roy.
Citizen Participation
Police Chief Fred Rainquet presented Distinguished Service Commendations to Tyler
James and Bruce Schrepple.
Mayor Kirkpatrick presented plaques to retiring members of Boards and Commissions
who had served for 8 or more years. —
Al Bacilli, 520 Galaxy Court, spoke in opposition to vendor's fees.
Agenda Review
' City Manager Steve Burkett stated there were no changes to the agenda as
published.
Councilmember Horak requested that item #17, Items Relating to Purchase Power
Rate Increase, and Item #18, Hearing and Final Reading of Emergency Ordinance No.
78, 1992, of the Council of the City of Fort Collins Concerning the Donation of
Three Structures to the Fort Collins Housing Authority, be withdrawn from the
Consent Calendar.
Jorge Figueroa requested that item #22, Resolution 92-103 of the Council of the
City of Fort Collins Adopting the Recommendations of the Cultural Resources Board
Regarding Fort Fund Disbursements, with pulled from the Consent Calendar.
Bruce Lockhart, 2500 E. Harmony Road, requested that Item #19, Hearing and First
Reading of Ordinance No. 79, 1992, Appropriating Unanticipated Revenue from
Police Seizure Activity, and Item #20, Items Pertaining to the Burns Second
Annexation and Zoning, be withdrawn from the Consent Calendar.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
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July 7, 1992
the Consent Calendar and considered separately. Agenda items pulled from the ,
Consent Calendar will be considered separately under Agenda Item #33, Pulled
Consent Items.
7. Consider approval of the minutes of the regular meetings of May 19 and
June 2 and the special meeting of June 23.
8. Items Pertaining to the Webster Second Annexation and Zoning.
Q
A. Second Reading of Ordinance No. 65, 1992, Annexing 91.0353 Acres,
Known as the Webster Second Annexation.
B. Second Reading of Ordinance No. 66, 1992, Zoning 91.0353 Acres,
Known as the Webster Second Annexation, into the RLP, Low Density
Planned Residential Zoning District, with a Planned Unit Development
(P.U.D.) condition attached.
On June 2, Council unanimously adopted Resolution 92-92 Setting Forth
Findings of Fact and Determinations Regarding the Webster Second
Annexation and Zoning.
On June 2, Council also unanimously adopted on First Reading Ordinance No.
65, 1992 and Ordinance No. 66 , 1992, annexing and zoning 91.0353 acres
located at the northwest corner of County Road No. 9 and East Horsetooth '
Road (County Road No. 40). The requested zoning is the RLP, Low Density
Planned Residential District (with a P.U.D. condition). The property is
undeveloped and contains one single family residence. The primary use of
the land is agricultural. The property is currently zoned FA-1, Farming in
the County. This is a voluntary annexation.
In October, 1991 the City Council gave final approval to a number of
ordinances which created the NCL, NCM, NCB and CL zoning districts. The
ordinances also established certain regulations which pertained to the use
of property located in these new zoning districts. Now that these zones
have been in place for a number of months and staff has had an opportunity
to use the new ordinances, a number of problem areas have been identified
which need to be addressed. Many of the problems are related to the need
to make changes to previously existing sections of the Zoning Code which
make reference to lists of zoning districts wherein certain regulations
should apply. It is appropriate that these lists be amended to include
references to one or more of the four new zoning districts. Additionally,
other "housekeeping" changes are considered necessary to make
clarifications to the Code in order to facilitate interpretation and
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July 7, 1992
enforcement. This Ordinance, which was unanimously adopted on First
Reading on June 2, makes the necessary amendments to the Code relating to
Zoning Regulations.
Unanticipated
The Fort Collins Housing Authority ("the Authority") has made a payment to
the City from its 1991 budget as a "Payment in Lieu of Taxes" ("PILOT") in
the sum of $16,990.19. Subsequent to making that payment, the Authority
requested that the City refund the money to the Authority. The purpose of
making the PILOT payment to the City was to enable the Authority to avoid
the necessity of returning that portion of its grant from the United
States Department of Housing and Urban Development ("HUD") as "excess
funds." There is some uncertainty as to whether HUD agrees that these are
not "excess" funds which need to be returned to HUD, and clarification is
being sought on that point by the Authority. The Ordinance, which was
unanimously adopted on First Reading on June 2, would appropriate the
PILOT payment back to the Authority, with the understanding that the
Authority and HUD would determine the proper disposition of the funds.
At the May 19, 1992 Council meeting,
the Golf Board, recommended that the
from seven members to nine members.
adopted on First Reading on June 2,
composition to nine members.
Councilmember Edwards, as liaison to
composition of the Board be increased
This ordinance., which was unanimously
amends the City Code to increase the
The Community Development Block Grant Program provides Federal funds from
the Department of Housing and Urban Development to the City of Fort
Collins which can be allocated to housing and community development
related programs and projects, thereby, reducing .the demand on the City's
General Fund Budget to address such needs.
On June 2, Council held a public hearing and adopted as amended by a vote
of 6-0 Resolution 92-98 Adopting Fiscal Year 1992-93 Community
Development Block Grant Programs and Projects. Ordinance No. 72, 1992,
which was adopted 6-0 on First Reading on June 2, appropriates the 1992-
1993 federal funds and program revenue and transfers the unexpended
appropriations from 1990-1991 and 1991-1992.
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14.
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July 7, 1992
This ordinance was adopted on Second Reading on a 4-0 vote at a special
meeting held on June 23, 1992. The City Charter requires that final
passage of all ordinances except emergency ordinances occur at a regular
meeting of the Council. In order to ensure that the lease agreement
between the City and United Express has been properly authorized, the City
Attorney recommends that Council ratify its passage of the ordinance
authorizing the lease.
Adoption of the Consent Calendar will adopt this ordinance on Second
Reading and ratify Council's June 23 action.
In April of 1988 the City issued $4,455,000 of storm drainage revenue
bonds for the purpose of financing the acquisition and construction of
improvements to the storm drainage system. The net effective interest '
rate on those bonds is 7.69842%. The remaining principal balance can be
refunded in today's market at a net effective interest rate of 6.14% which
will result in a net present value savings of $169,557 to the City in
payment of the debt service.
The Ordinance requires the City to establish an escrow account for the
payment of the Refunded Bonds into which most of the proceeds of the Storm
Drainage Revenue Refunding Bonds, Series 1992 (the "Refunding Bonds") will
be deposited. Refunded Bonds will be called prior to their respective
maturity dates according to the optional redemption terms of that issue.
The Loan Agreement between the Colorado Water Resources and Power
Development Authority and the City will provide about $25,000,000 for the
purpose of constructing improvements at Waste Water Treatment Plant #2.
The improvements will add 6.6 million gallons of capacity to the plant.
Improvements to Waste Water Treatment Plant #1 will maintain its rated
capacity at 6.0 million gallons per day. The proposed improvements were
recommended by the Wastewater Treatment Master Plan Committee and adopted '
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July 7, 1992
by the Council on August 7, 1990. In late 1991, the Council approved the
application by the City to participate in the state loan program. The
State Legislature and the Colorado Department of Health have also reviewed
and approved the project.
The Authority expects to market bonds for the loan program on July 15.
Final interest rates will be determined after the marketing and sale of
the bonds and will be included in the ordinance on second reading,
scheduled for July 21.
16.
The City implemented the Gas Company Occupation Tax in 1987. The purpose
of the tax is to compensate the City for costs of using publicly owned
rights of way to transport natural gas. The current provisions of the
Code provide for monthly payments of the tax to the City. Public Service
Company has requested a quarterly payment schedule which will better match
the revenues that it receives during the year. The proposed ordinance
changes the timing of the payments from monthly to quarterly. It further
provides some flexibility to Public Service Company to match its revenue
' cash flows with the occupation tax requirement of the City. Finally, the
proposed ordinance redefines the taxable year from May 1 to April 30 to
the City's fiscal year, January 1 to December 31.
17. Items Relating to Purchase Power Rate Increase.
A. Resolution 92-101 Allowing a One Year Exemption from the Portion of
the Financial and Management Policies, Resolution 91-138, Requiring
Positive Net Income in the Light and Power Fund.
B. Hearing and First Reading of Ordinance No. 77, 1992, Appropriating
Prior Year Reserves in the Light and Power Fund.
As discussed with Council at the June 23, 1992 work session, purchase
power costs will increase approximately $450,000 over the budgeted amount
for 1992. The April 1, 1992 wholesale rate increase will also impact the
5 year plan by approximately $1,800,000 per year. That is equivalent to
a 4.3% retail rate increase. In addition the Light and Power Utility has
identified the need to increase rates an additional 3.1% to cover the
projected cost of operations through 1997.
The Electric Board and Utility Staff are recommending using a portion of
the Purchase Power Reserve to delay implementation of the retail rate
increase until January 1, 1993. A rate increase of 7.4% will leave the
Purchase Power Reserve at $5,100,000 year end 1997.
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July 7, 1992
In order to improve the bridges over Spring Creek at Stuart and Stover
Streets and widen the Spring Creek channel, the City acquired the land,
house and two duplexes at 1721 Stover Street and 701-703 and 705-707 East
Alpert Court. The structures must be removed from the site.
The Housing Authority has requested_ that the City donate the
structures to them. The Housing Authority will retain
move the structures from the site, but will leave the
portions of the walls. The City will be responsible f
remaining portions of the structures. This ordinance
donation of the structures to the Housing Authority in
Chapter 23, Article IV, of the City Code.
three
a contractor to
foundations and
or removing the
authorizes the
accordance with
During the current year, Fort Collins Police Services has continued to
utilize existing state statutes to seize money and property used in
criminal activity. By statute, monies allocated by the court to the
seizing agency shall not be considered a source of revenue to meet normal
operating needs. These monies are used, instead, to meet expenses
incurred by the agency in performing duties and meeting obligations which
have not been funded through the routine budget process.
These monies represent court awards and seizure sharing with federal
agencies in the time period January 1 through June 30, 1992. These funds
have been deposited in the General Fund and set aside in a restricted
reserve for police expenditure following appropriation.
This appropriation of $96,163 is similar to the appropriation made by the
adoption of Ordinance No. 16, 1992. In accordance with state statute,
City Council will be provided an accounting of all 1992 seizure
expenditures early in 1993.
Items Pertaining to the Burns Second Annexation and Zoning.
A. Resolution 92-102 Setting Forth Findings of Fact and Determinations
Regarding the Burns Second Annexation.
B. Hearing and First Reading of Ordinance No. 80, 1992, Annexing
Approximately .3848 Acres, Known as the Burns Second Annexation.
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July 7, 1992
C. Hearing and First Reading of Ordinance. No. 81, 1992, Zoning
Approximately .3848 Acres, Known as the Burns Second Annexation,
into the R-F, Foothills residential, Zoning District.
This is a request to annex and zone approximately .3848 acres located west
of Overland Trail and south of West Drake Road. The requested zoning is
the R-F, Foothills Residential, District. The property is presently
undeveloped. The property is currently zoned FA-1 Farming in the County.
This is a voluntary annexation.
The Cultural Development and Programming Account had carry-over funds not
allocated in previous years in the amount of $7,205; and $3,190 which was
disbursed from the Cultural Development Programming Account, not used by
recipients and reimbursed to the City of Fort Collins. These funds are in
the General Fund and must be appropriated into the Cultural Development
and Programming Account so they can be used to promote cultural
development and programming activities.
' Lodging tax receipts for 1991 were estimated to be $236,000 while the
actual receipts totalled $253,822. The 1992 budget appropriation was
calculated from the estimated figure while the disbursement is based on
actual prior year Lodging tax receipts. This Ordinance, if adopted, will
appropriate the additional 1992 Lodging tax receipts in the amount of
$17,822 which will be disbursed in a 25/75 percent split between the
Cultural Development and Programming Account, and the Fort Collins
Convention and Visitors Bureau.
22.
$ 4,456 - Cultural Development and Programming (25%)
13,366 Fort Collins Convention and Visitors Bureau (75%)
$17,822
Based on the 1992 Lodging tax receipts of $253,822, the Cultural
Development and Programming Account will receive $63,456 (25%) and the
Fort Collins Convention and Visitors Bureau will receive $190,366 (75%)
for the 1992 budget year.
At its March 3, 1992 meeting the City Council unanimously adopted
Ordinance No. 28, 1992 which stated that any Board or Commission that
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July 7, 1992
reviews funding, proposals should make recommendations to the Council
rather than having final decision making authority with regard to such
proposals.
This Resolution disburses funds in the City's Cultural Development and
Programming Account as recommended by the Cultural Resources Board at its
regular meeting of June 24, 1992.
The purpose of the Resolution is to authorize the amendment of the March
5, 1991 intergovernmental agreement between the City and Colorado State
University. That agreement provides Colorado Office of Energy
Conservation (OEC) grant funds to the City for recycling promotion and
education. The grant was jointly awarded to the City of Fort Collins,
Larimer County, the City of Loveland, the Town of Estes Park and CSU, with
CSU serving as the primary administrative agency to the DEC.
The sole purpose of Amendment No. 1 is to extend the expiration date of
the agreement to December 31, 1992. The Natural Resources Division had '
several of the planned grant projects on hold until the County
Commissioners made a final decision on building the Intermediate
Processing Center (IPC). The DEC approved the City's request to amend the
termination date of the grant on December 17, 1991. As a formality, CSU
is submitting the Amendment No. 1 document to the City for the Mayor's
signature.
24. Resolution 92-105 Authorizing the Mayor to Enter Into a Lease of City
Property to Front Range Community College.
Pursuant to Resolution 91-140, the City purchased a 10-acre park site from
Poudre R-1 School District located adjacent to McGraw Elementary School.
This site is south of West Harmony Road between Front Range Community
College and the Clarendon Hills Subdivision on Hinsdale Drive. The
closing on the purchase was held on June 15, 1992. The purchase price was
$167,802.
For some years, Front Range Community College has been operating a small
farm on this site as part of its agricultural education program. Most of
the farm area is within the land purchased by the City. Front Range
Community College would like to continue its agriculture operation here
and want to lease the farm for that purpose.
It will be a few years before the City can develop the new park site and
having the College present on the site serves the public purpose of having ,
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July 7, 1992
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the
property maintained
without cost to the
City and deterring vandalism.
It
also helps promote
quality agricultural
education in our community.
The
lease calls for Front Range Community College to do all maintenance
and
upkeep plus pay for
all utilities. The
lease would run for two years
at
a cost of one dollar
a month.
25. Resolution 92-106 Authorizing the Mayor to Enter into a Lease of City
Property to the Poudre School District R-1 for Bus Parking Purposes.
On June 15, 1992, the City purchased a ten acre park site from the Poudre
School District R-1 near Clarendon Hills and Front Range Community
College. The park is adjacent to the new McGraw Elementary School.
The School District is in the process of finding a bus garage facility in
south Fort Collins. Until this gets worked out, the District would like
to park up to 17 school busses on a corner of the park property. The
District would use the existing farm house for office space, telephone
needs and restroom. They would also like to use one shed to park a small
tractor used for snow removal.
This lease serves the public purpose of promoting cooperation between the
City and the District, results in the property being maintained without
cost to the City and deters vandalism.
' 26.
From time to time, Colorado -Big Thompson (CBT) project water is turned
over to the City of Fort Collins to satisfy raw water requirements. The
developer of the Kingston Woods PUD has requested that the City accept 15
units of CBT water as partial satisfaction of the raw water requirements.
To accomplish such transfers, the Northern Colorado Water Conservancy
District (NCWCD) requires a Temporary Use Permit application be approved
by a City Council resolution. Transfers of water are initially made using
Temporary Use Permits, since permanent contracts are more complicated and
take longer. The Utility expects to convert all CBT water owned and used
under Temporary Use Permits to a permanent contract at the end of 1992.
This resolution authorizes the City Manager to execute an application for
a Temporary_ Use Permit.
27.
Council has requested a resolution supporting a multi -modal approach to
access the new Denver International Airport. The issue of access to the
' new airport was discussed at a Tri-Cities Chamber of Commerce
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July 7, 1992
Transportation Summit on May 7 of this year. This meeting brought
together individuals from northern Colorado to discuss the access issues
to the new airport. The attendees of this meeting discussed the need for
a coordinated north front range effort. The communities were asked to
produce a resolution defining each city's policy position regarding access
to the new Denver International Airport.
The proposed Resolution emphasizes a multi -modal access approach, and
identifies the Colorado Department of Transportation as playing a
leadership role in planning and implementing access to the new Denver
airport. The Resolution also identifies the North Front Range
Transportation and Air Quality Planning Council as a key player in this
issue.
On April 27, 1992, the Planning and Zoning Board ("the Board") reviewed
the proposed site plan for the new Fort Collins High School, which review
was conducted pursuant to the relevant provisions of the Colorado Revised
Statutes. At that hearing, the Board decided that the school site plan
and the location, character and extent of the proposed improvements to be I
constructed on the site conform to the adopted elements of the City's
Comprehensive Plan.
The Board voted to approve the development of the high school and, as a
part of its vote of approval, incorporated eight "comments" which were
communicated to the Poudre R-1 Board of Education for its consideration.
Those comments are contained in a letter dated April 28, 1992, from Ted
Shepard to Keith M. Dixon, Executive Director, Central Area of the Poudre
R-1 School District.
On May 11, 1992, Councilmember Winokur filed a Notice of Appeal of the
decision of the Board, pursuant to Section 2-49 of the City Code, and on
June 2, 1992, the City Council, after notice given in accordance with
Section 2-54 of the Code, considered the appeal, reviewed the record and
heard statements from the appellant and other parties -in -interests.
At the conclusion of the hearing, the Council voted 5 - 2 to uphold the
decision of the Board, finding that the proposed site plan for the high
school is generally consistent with the Comprehensive Plan of the City and
that the location, character and extent of the proposed improvements to be
constructed also conform to the Comprehensive Plan. The Council also
decided that the decision of the Board should be modified by.changing the
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July 7, 1992
first and second "comments" as contained in Ted Shepard's letter to
"conditions of approval" which incorporate the wording of the letter and
the comments of Board members as indicated by the minutes of the Board
hearing.
29. Resolution 92-110 Setting the Compensation for Municipal Election Judges.
30.
31.
The City Code requires that the compensation for election judges for
municipal elections be set by Council resolution. Compensation for
municipal election judges was last increased for the 1991 election. Based
on an increase to 74 polling places for the April 6, 1993 regular city
election, the recommended increase would change the compensation for the
74 supply judges from $60 to $75 per election, while the 148 regular
judges would receive an increase in compensation from $55 to $65 per
election. The recommended rates are in line with compensation paid by
Larimer County to judges at General and Primary Elections.
Resolution 92-111 authorizes the purchase of 6.6 acres of land in
southwest Fort Collins to meet multiple City objectives. Acquisition of
approximately two acres is necessary for stormwater management purposes.
Acquisition of the remaining area will enhance the conservation of an
important natural area and will provide for undeveloped public open space.
Various easements and fee title interests are needed on the property
located on the southwest corner of Shields Street and Prospect Road.
Specifically, easements are needed for relief sewer line installation,
drainageway improvements and slope encroachments from roadway fill. A fee
title interest is necessary for right turn improvements at Prospect Road
and Shields Street. Due to the City's need to begin construction of these
improvements and the owner's unwillingness to sell for the property's
appraised value, eminent domain proceedings should be initiated.
Negotiations will continue and eminent domain proceedings will only be
completed if negotiations fail.
32. Routine Deeds and Easements.
a. Deed of Easement from New Colony, Ltd. for utility purposes over a
portion of Foothills Apartments Addition. Monetary consideration:
$0
420
July 7, 1992
b. Deed of Easement from Timberline Partners, Ltd., and Pine Cone Farm,
Inc. for installation and maintenance of a detention pond over a
portion of Lot 1 Horsetooth Business Park 1st Filing. Monetary
consideration: E 0
c. Deed of Easement from Timberline Partners, Ltd., and Pine Cone Farm,
Inc. for utility installation and maintenance over a portion of the
Northeast 1/4 of Section 31, Township 7 North, Range 68 West of the
6th P.M., Fort Collins, CO, adjacent to Timberline Road and South of
Bighorn Drive. Monetary consideration: E 0
d. Deed of Easement from Shields Street Corporation for drainage and
utility purposes over a portion of Hickory Hill Village at
Cunningham Corner, P.U.D. Monetary consideration: $ 0
e. Deed of Easement from Kimbel J. Stuart for drainage and stormwater
detention over a portion of the Northwest 1/4 of Section 33,
Township 7 North, Range 69 West of the 6th P.M., Fort Collins, CO,
adjacent to Springfield Subdivision 6th Filing. Monetary
consideration: b 0
f.
Deed of Easement from Robert K.
Glover for drainage over a portion
of Lot 9, Blevins Subdivision.
Monetary consideration: $ 0
g.
Deed of Easement from Robert K.
Glover for utility purposes over a
portion of Lot 9, Blevins Subdivision. Monetary consideration: $ 0
h.
Deed of Easement from Robert K.
Glover for utility purposes over a
portion of Lot 9, Blevins Subdivision. Monetary consideration: E 0
i.
Powerline Easement from Gary N.
and Nancy C. Dunlap to accomodate
existing underground electric service. Monetary consideration: $10
j.
Deed of Dedication from Elmer
L. Brune and William J. Brune
dedicating a parcel of land on
Horsetooth between Stanford and
Stover. Monetary consideration:
$10
Ordinances on Second Reading were read by title by City Clerk Wanda Krajicek.
8. Items Pertaining to the Webster Second Annexation and Zoning.
A. Second Reading of Ordinance No. 65, 1992, Annexing 91.0353 Acres,
Known as the Webster Second Annexation.
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July 7, 1992
9. Second Reading of Ordinance No. 68, 1992 Amending Chapter 29 of the Code
of the City of Fort Collins Relating to Zoning Regulations.
10. Second Reading of Ordinance No 69 1992 Appropriating Unanticipated
Revenue in the General Fund.
11.
12.
13.
Express Airlines.
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Ordinances on First Reading were read by title by City Clerk Wanda Krajicek.
14.
15.
16.
Gas Company Occupation Tax.
17. Items Relating to Purchase Power Rate Increase.
B. Hearing and First Reading of Ordinance No. 77, 1992, Appropriating
Prior Year Reserves in the Light and Power Fund.
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19.
20.
21.
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July 7, 1992
Items Pertaining to the Burns Second Annexation and Zoning.
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C.
Councilmember Azari made a motion, seconded by Councilmember Edwards, 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, Fromme, Horak, Kirkpatrick, Maxey and Winokur. Nays: None.
THE MOTION CARRIED.
Items Relating to Purchase
Power Rate Increase, Postponed to 7/21
The following is staff's memorandum on this item.
"FINANCIAL IMPACT
Year end 1992 Purchase Power Reserves, in the Light and Power Fund, were
$8,062,291. This Ordinance will appropriate $500,000 of that reserve to cover
an unanticipated purchase power rate increase that was effective April 1, 1992.
No direct financial impact will result from the passage of the Resolution.
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EXECUTIVE SUMMARY
A. Resolution 92-101 Allowing a One Year Exemption from the Portion of the
Financial and Management Policies, Resolution 91-138, Requiring Positive
Net Income in the Light and Power Fund.
Hearing and First Reading of Ordinance No. 77, 1992, Appropriating Prior
Year Reserves in the Light and Power Fund.
As discussed with Council at the June 23, 1992 work session, purchase power costs
will increase approximately $450,000 over the budgeted amount for 1992. The
April 1, 1992 wholesale rate increase will also impact the 5 year plan by
approximately $1,800,000 per year. That is equivalent to a 4.3% retail rate
increase. In addition the Light and Power Utility has identified the need to
increase rates an additional 3.1% to cover the projected cost of operations
through 1997.
,The Electric Board and Utility Staff are recommending using a portion of the
Purchase Power Reserve to delay implementation of the retail rate increase until
January 1, 1993. A rate increase of 7.4% will leave the Purchase Power Reserve
at $5,100,000 year end 1997.
' To implement this plan, two Council actions are required:
1. An increase in purchase power cost, without a corresponding increase in
Operating Revenue will create negative net income in the Light and Power
Fund. To avoid an adverse reaction in the financial community (Bonding
Agencies) and violation of the City's Financial and Management Policies,
staff requests Council approval of a one year exemption from that
requirement. The January 1, 1993 rate increase will be proposed at a
level sufficient to avoid future negative net income.
2. The April 1, 1992 purchase power rate increase was unknown at the tim a of
the 1992 Budget appropriation. Funds are available in the Purchase Power
Reserve and staff is requesting an appropriation of $500,000 from that
reserve to cover the approximate $450,000 deficit in the 1992
appropriation.
The proposed retail rate increase will be presented for Council consideration
with the 1993 Budget. A cost of service study is currently underway to determine
the specific impacts on individual customer rate classes."
Utilities Director Rich Shannon gave a brief presentation on this item.
Councilmember Horak questioned why the City is exempting itself from the policy,
and stated the language needed to be more explicit.
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July 7, 1992
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Mayor Kirkpatrick suggested postponing consideration of the item pending further
review regarding the language contained in the Resolution.
Councilmember Horak made a motion, seconded by Councilmember Winokur, to postpone
consideration of Resolution 92-101 and Ordinance No. 77, 1992 until July 21.
The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Fromme, Horak, Kirkpatrick, Maxey and Winokur. Nays: None.
THE MOTION CARRIED.
Emergency Ordinance No. 78, 1992,
of the Council of the City of Fort Collins
Concerning the Donation of Three Structures
to the Fort Collins Housing Authority, Adopted.
The following is staff's memorandum on this item.
"FINANCIAL IMPACT
Funds for the demo iition/removal of the three structures are available in the
capital improvement project to replace the bridges over Spring Creek at Stuart
and Stover Streets and widen the Spring Creek Channel. '
EXECUTIVE SUMMARY
In order to improve the bridges over Spring Creek at Stuart and Stover Streets
and widen the Spring Creek channel, the City acquired the land, house and two
duplexes at 1721 Stover Street and 701-703 and 705-707 East Alpert Court. The
structures must be removed from the site.
The Housing Authority has requested that the City donate the three structures to
them. The Housing Authority will retain a contractor to move the structures from
the site, but will leave the foundations and portions of the walls. The City
wi17 be responsible for removing the remaining portions of the structures. This
ordinance authorizes the donation of the structures to the Housing Authority in
accordance with Chapter 23, Article IV, of the City Code.
BACKGROUND:
The Stuart/Stover Channelization Project is a joint effort between the Stormwater
Utility, Engineering, and Parks and Recreation Departments. This project will
improve the bridges over Spring Creek at Stuart and Stover Streets, widen the
Spring Creek channel, and construct a bicycle trail under the new bridges.
The construction of the bridge and channel improvements requires the acquisition
and removal of five existing residential structures. Two of the structures have
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already been removed. The remaining structures consist of a house at 1721 Stover
Street and two duplexes at 701-703 E. Alpert Court and 705-707 E. Alpert Court.
The cost of having a contractor demolish or move the three structures was
estimated to be less than $30,000. Prior to soliciting bids for the removal of
the buildings, the Housing Authority and Neighbor to Neighbor were contacted to
see if they were interested in acquiring and moving the structures.
The Housing Authority is interested in all three structures, and has requested
that the City donate the structures to them. The Housing Authority will retain
a contractor and bear the cost of moving the useable portions of the structures
from the site. The City will be responsible for the cost of removing the
foundations and wails that remain and cleaning up the sites. The cost to the
City is still estimated to be less than the $30,000 budgeted for the work.
The City Code provides that the City Council may authorize the sale, conveyance,
or disposal of buildings or structures provided that the Council first finds, by
ordinance, that such disposition is in the best interests of the City. This
ordinance authorizes the donation of the three structures to the Housing
Authority.
An emergency ordinance is necessary because stormwaters recently washed away
substantial portions of the Spring Creek embankment on the City's property where
the structures are located. As a result, one of the structures is in danger of
collapsing and falling into Spring Creek."
Councilmember Edwards made a motion, seconded by Councilmember Azari, to adopt
Ordinance No. 78, 1992 on First Reading.
Engineering Manager Marc Engemoen described the condition of property,
clarifiying the time table had to be accelerated due to the recent storm.
City Attorney Steve Roy outlined procedures for an Emergency Ordinance.
Councilmember Horak expressed concerns regarding placing an emergency item on the
Consent Calendar.
The vote on Councilmember Edwards' motion was as follows: Yeas: Councilmembers
Azari, Edwards, Fromme, Horak, Kirkpatrick, Maxey and Winokur. Nays: None.
THE MOTION CARRIED.
Ordinance No. 79, 1992,
Appropriating Unanticipated Revenue
from Police Seizure Activity, Adopted.
The following is staff's memorandum on this item.
1 426
July 7, 1992
"EXECUTIVE SUMMARY
During the current year, Fort Collins Police Services has continued to utilize
existing state statutes to seize money and property used in criminal activity.
By statute, monies allocated by the court to the seizing agency shall not be
considered a source of revenue to meet normal operating needs. These monies are
used, instead, to meet expenses incurred by the agency in performing duties and
meeting obligations which have not been funded through the routine budget
process.
These monies represent court awards and seizure sharing with federal agencies in
the time period January I through June 30, 1992. These funds have been deposited
in the General Fund and set aside in a restricted reserve for police expenditure
following appropriation.
This appropriation of $96,163 is similar to the appropriation made by the
adoption of Ordinance No. 16, 1992. In accordance with state statute, City
Council will be provided an accounting of all 1992 seizure expenditures early in
1993."
Councilmember Edwards made a motion, seconded by Councilmember Azari, to adopt
Ordinance No. 79, 1992 on First Reading.
Bruce Lockhart, 2500 E. Harmony Road, expressed his concerns regarding due I
process.
The vote on Councilmember Edwards' motion was as follows: Yeas: Councilmembers
Azari, Edwards, Fromme, Horak, Kirkpatrick, Maxey and Winokur. Nays: None.
THE MOTION CARRIED.
Resolution 92-103
of the Council of the City of
Fort Collins Adopting the
Recommendations of the Cultural Resources
Board Regarding Fort Fund Disbursements, Adopted.
The following is staff's memorandum on this item.
°EXECUTIVE SUMMARY
At its March 3, 1992 meeting the City Council unanimously adopted Ordinance No.
28, 1992 which stated that any Board or Commission that reviews funding proposals
should make recommendations to the Council rather than having final decision
making authority with regard to such proposals.
The following disbursements from funds in the City's Cultural Development and
427 1
July 7, 1992
Programming Account were recommended by the Cultural Resources Board at its
regular meeting of June 24, 1992.
Amount
Organization
Event Requested
American Legion Post
Alonzo Martinez $
3,520
Golf Tournament
August 8, 1992
Canyon Concert Ballet
New West Fest
19400
Program
August 21-23, 1992
Creative Writing
Celebrating the Art
1,900
Program at CSU
of Creative Writing
1992-93 School Year
Dance Connection
An Evening of
1,685
Dance Works
Oct. 9 & 10,
16 & 17, 1992
Fine Arts Series
Miriam Schapiro Res.
3,000
at CSU
Sept. 21 - Oct. 2, 1992
Ft. Collins Balloon
Ft. Collins Balloon
12,600
Festival
Festival
September 18-20, 1992
Ft. Collins
Fall Production
1,000
Children's Theatre
November 19 - 22, 1992
Ft. Collins Public
Lunch & Lecture Series
1,500
Library
July 13, 1992 -
June 14, 1993
Ft. Collins Symphony
Chamber Orch. Series
2,000
Sept. 1992 - April 1993
Ft. Collins Symphony
Family Pops Concert
2,225
August 23, 1992
Ft. Collins Symphony
Oak Street Sundays S
2,700
June 28 - Aug. 30, 1992
Friends of Gustafson
Art for Adornment
1,500
I
Gallery October 4, 1992
428
Amount
Recommended
$ 0
1,400
1,900
1,685
3,000
10,000
500
1,500
2,000
1,500
2,700
1,000
July 7, 1992
Holy Family Church
Holy Family Fiesta
2,500
500
July 10-12, 1992
InterFraternity
CSU Homecoming Parade
3,855
3,855
Council
October 3, 1992
Larimer County
Triathlon & Biathlon
1,000
1,000
Partners
August 2, 1992
Lutheran Family Ser.
Resolution Run
1,400
700
Amer. Red Cross
December 31, 1992
One West Contemp.
Quilts as Art
2,150
2,150
Art Center
Jan. 8 - Feb. 27, 1993
Outdoor Cafe Theatre
Outdoor Cafe Theatre
1,500
1,500
at CSU
June 30 - Aug. 1, 1992
=
Poudre Landmarks
Historic Homes Tour
3,000
1,500
Foundation
September 12, 1992
Rocky Mountain Dinosaurs Alive 3,000 NR* 0 '
Zoological Society August I - Nov. 1, 1992 6,500 R** 0
* Non -reimbursable funding
** Reimbursable Funding"
Councilmember Azari made a motion, seconded by Councilmember Fromme, to adopt
Resolution 92-103.
Jorge Figueroa, Rocky Mountain Zoological Society, requested Council amend the
Resolution to allocate $9,000 in reimbursable funds for the Dinosaurs Alive
program to be reimbursed by September 1.
Bill Kneeland, Cultural Resources Board Chairperson, stated the Board did not
support funding for the Dinosaurs Alive program stating the funds would be better
utilized by other organizations.
Dave Siever reported on the Cultural Resources fund balance.
Councilmember Horak commended the Cultural Resources Board for its efforts.
Councilmember Edwards spoke in support of the Resolution.
The vote on Councilmember Azari's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Fromme, Horak, Kirkpatrick, Maxey and Winokur. Nays: None. '
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July 7, 1992
THE MOTION CARRIED.
Resolution 92-108
Recommending the Development
of a Multi -modal Plan of Access
for the Denver International Airport, Adopted.
The following is staff's memorandum on this item.
"EXECUTIVE SUMMARY
Council has requested a resolution supporting a multi -modal approach to access
the new Denver International Airport. The issue of access to the new airport was
discussed at a Tri-Cities Chamber of Commerce Transportation Summit on May 7 of
this year. This meeting brought together individuals from northern Colorado to
discuss the access issues to the new airport. The attendees of this meeting
discussed the need for a coordinated north front range effort. The communities
were asked to produce a resolution defining each city's policy position regarding
access to the new Denver International Airport.
The proposed Resolution emphasizes a multi -modal access approach, and identifies
the Colorado Department of Transportation as playing a leadership role in
' planning and implementing access to the new Denver airport. The Resolution also
identifies the North Front Range Transportation and Air Quality Planning Council
as a key player in this issue."
Councilmember Edwards made a motion, seconded by Councilmember Maxey, to adopt
Resolution 92-108.
Bruce Lockhart, 2500 E. Harmony Road, urged Council not to adopt the Resolution
and spoke of his concerns regarding the completion of the Airport.
Angela Sipe, Issues Manager for the Northern Colorado Legislative Alliance, urged
Council to adopt the Resolution.
Councilmember Fromme stated she supported the Resolution in the hopes that an
alternative to E470 will be found.
Mayor Kirkpatrick spoke in support of the Resolution and stated only through a
formal action of the Council would a representative be sent.
The vote on Councilmember Edwards' motion was as follows: Yeas: Councilmembers
Azari, Edwards, Fromme, Horak, Kirkpatrick, Maxey and Winokur. Nays: None.
THE MOTION CARRIED.
430
July 7, 1992
Councilmember Reports
Councilmember Winokur reporting on the findings of the Fort Collins High School
appeal and spoke of parking concerns.
Mayor Kirkpatrick spoke to Item #15, Hearing and First Reading of Ordinance No.
75, 1992, Authorizing the Execution of a Loan Agreement Between the City and the
Colorado Water Resources and Power Development Authority for the Issuance of City
of Fort Collins Sewer Revenue Bonds, Series 1992, Dated June 15, 1992 in the
Aggregate Principal Amount of 25,000,000 for the Expansion of Wastewater
Treatment Facilities, noting it represents long term planning on the part of the
Water and Wastewater Utility and commended staff and Councilmembers who
participated on the Committee.
Ordinance No. 71, 1992
Authorizing the City Manager to
Enter into a Contract to Purchase
the Site for the Fort Collins Senior =
Citizen Center and Appropriating Prior
Year Reserves for the Acquisition of this Site
and for Site Development Costs. Adopted on Second Reading.
The following is staff's memorandum on this item. I
"EXECUTIVE SUMMARY
On May 19, 1992, City Council adopted Resolution 92-89, selecting seven acres in
the Raintree P.U.D. as the preferred site for the new senior citizen center. On
June 2, Council adopted on First Reading by a vote of 5-2 Option A of Ordinance
No. 71, 1992, which authorizes the City Manager to enter into a purchase
agreement with Raintree Associates for seven acres for $346,000 and authorizes
the appropriation of funds from City reserves ($342,000 from the Capital Projects
reserves and $91,000 from the General Fund Contingency reserve) for the purchase
and for $87,000 in associated development costs."
Councilmember Azari made a motion, seconded by Councilmember Maxey, to adopt
Ordinance No. 71, 1992 on Second Reading.
City Manager Steve Burkett stated that adopting the Ordinance on Second Reading
would fund the acquisition of the land and the construction of the Center to
include a lap pool. He clarified the project had not yet reached the design
phase.
Councilmember Azari stated her motion did not include the approval of a swimming
pool.
Elnora Martinelli, 2921 Terrylake Road, urged Council adopt the Ordinance and
questioned if lottery funds could be used for the acquisition of the site. '
431
July 7, 1992
Norma Benson, 2909 Eagle Drive, presented Council with a petition containing over
300 signatures requesting a pool at the Senior Citizens site for theraputic and
fitness purposes.
June Bergstrom, member of the Fort Collins Senior Games Board, expressed concerns
that constructing a pool would be more cost effective at the present time rather
than in the future.
Bruce Lockhart, 2500 E. Harmony Road, expressed concerns regarding the
expenditure of funds for a lap pool.
Marilyn Cook, a Fort collins resident, stated Council should keep service in mind
when speaking of designated populations in the area.
Andy Anderson, President of the United Seniors of Colorado, spoke in favor of a
pool for seniors exclusively.
Evelyn Clarke, 1401 Lindenwood Drive, opposed a swimming pool at the Senior
Citizen Center.
Bill Davy, 1016 East Lake, representing the American Arthritis Foundation,
supported constructing a pool at the Senior Citizen Center and spoke of warm
water therapy benefits.
Kay Rios, member of the Senior Advisory Board and member of the Building Team,
supported the Ordinance and spoke of the process involved in designing the
facility.
Jill Taylor, coordinator for health and welfare programs for Seniors in Fort
Collins, read letters endorsing the construction of a pool at the Senior Citizens
Center.
Al Bacilli, 520 Galaxy Court, urged Council to adopt the Ordinance.
Gil Wilson, 1733 Elim Court, stated he supported the concept of a pool at the
site and presented a list of costs to maintain a pool in his private Homeowner's
Association.
Winifred Murdy, 1912 Orchard Place, urged Council to adopt the Ordinance.
Jean Simpson, member of the Senior Advisory Board, asked Council to adopt the
Ordinance on Second Reading.
Councilmember Fromme questioned cost differences in maintaining a pool in the
private sector and maintaining a City facility.
432
July 7, 1992
Recreation Manager Jean Helburg spoke of resources required for maintenance and
staffing.
Councilmember Azari supported the Ordinance, noting the item addressed the
purchase of a site not the the approval of a swimming pool. She urged concerned
citizens to continue to stay informed in the planning process.
Councilmember Fromme suggested investigating alternative solutions regarding the
pool.
Councilmember Edwards stated he would not support the motion.
Mayor Kirkpatrick stated she felt it was important to stay within the budget of
Choices 95 and noted she would not support the motion.
Councilmember Winokur supported the motion and spoke of many projects the City
is currently funding that seemed to be poor choices.
The vote on Councilmember Azari's motion was as follows: Yeas: Councilmembers
Azari, Fromme, Horak, Maxey and Winokur. Nays: Councilmembers Edwards and
Kirkpatrick.
THE MOTION CARRIED. '
Ordinance No. 83, 1992
Making Certain Amendments to
Chapter 2 of the Code Pertaining
to the Human Relations Commission, Adopted.
The following is staff's memorandum on this item.
"EXECUTIVE SUMMARY
This Ordinance would amend the functions of the Human Relations Commission
("HRC") authorizing: 1) The HRC to develop a citizen liaison program to assist
citizens as they proceed through the internal police complaint process; 2)
designated police subcommittee members to participate in the review of internal
investigations; and 3) the HRC to hear appeals from decisions of the Police Chief
and to make certain recommendations to the City Manager.
BACKGROUND:
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.
In April of 1992, the Council received the final report and recommendations of
the Council Health and Safety Committee. This report reflected a consensus of '
433
July 7, 1992
1
the Health and Safety Committee and the HRC in proposing certain changes to the
police complaint process. Council also adopted Resolution 92-62 (included herein
as Attachment E for your reference) which directed the HRC to develop guidelines
and criteria for a citizen liaison program and directed staff to prepare
legislative changes specifically authorizing: (1) the citizen liaison program,
(2) the review of certain internal investigations before any administrative
decision is made by the Chief of Police and (3) the hearing of appeals from the
Chief's decision.
In addition to Ordinance No. 83, 1992, which incorporates the necessary
legislative changes, and Resolution 92-62, there are several attachments to this
Agenda Item Summary. Attachment A is a memorandum from the Chief of Police. In
it, he specifies a number of changes that will be incorporated into Police
Services' revised internal investigation policy as a result of Council's
authorization of the Citizen Liaison Program and the HRC Police Subcommittee's
expanded role in reviewing internal investigations.
Attachments B, C and D reflect the details for implementing the Citizen Liaison
Program- as envisioned by the HRC. The Human Relations Committee Police
Subcommittee members (Gary Wells, Mary Daniel, Linda Beardsley and Harold
Wallace) actively participated in the development of this Program.
Attachment 8 describes the purpose and role of the Citizen Liaison Program and
the process for liaison recruitment and selection. It addresses the number of
liaisons, the advertising and application process, appointment screening
criteria, length of terms for liaison service and an evaluation process.
Attachment C is a sample application for use in liaison recruitment and
selection. The Citizen Liaison Process outline (Attachment D) describes the
step by step process for assisting citizens through the police complaint process
and will be used as an aid for individual liaisons. The HRC is interested in any
comments Council may have concerning the content of Attachments B, C or D.
Ordinance No. 83, 1992 includes, in Sections 2 and 4, some non -substantive
language changes. Similar changes will be made to the sections of the Code of
the City of Fort Collins which address other Council boards and commissions in
a future ordinance. The purpose of these changes is to bring the language
concerning the common subjects of appointments, length of terms and filing of
minutes for all boards and commissions into a consistent format.
Section 3 of the Ordinance represents the substantive changes directed by
Resolution 92-62. Section 2-263, Subsection (3), authorizes the HRC to develop
the citizen liaison program and appoint liaisons. Section 2-263, Subsection (4),
authorizes HRC Police Subcommittee participation in the review of certain.
categories of internal investigations. Section 2-263, Subsection (5), authorizes
the HRC to act as an appeal board for complainants who wish to have further
review after a decision has been made by the Chief of Police.
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July 7, 1992
Each of these subsections incorporates the particulars set out in Resolution 92-
62. In addition, as a result of further staff discussion about how to make the
system workable for all concerned, Subsection (4) has been modified somewhat from
the language contained in the Resolution.
First, subsection (4)(a) states that the kinds of complaints which the HRC can
review are not necessarily limited to those that are listed. Also, with regard
to the category of offenses referenced as "breaches of a citizen's civil rights,"
the wording was so broad in the Resolution as to encompass many minor complaints
involving the taking of driver's licenses, and the numbers of investigations
referred would greatly exceed the 25 - 30 contemplated by Council and the HRC in
developing this process. For that reason, the language now set out in this
subsection references "serious" civil rights violations.
The second variation from the terms of the Resolution is found in (4)(c). It
allows the HRC Police Subcommittee to decide, on a case by case basis, whether
to conduct its review as a whole, to refer it to a single Subcommittee member or
to decline to accept an investigation for review. The concept of having
individual members conduct some reviews in lieu of the Subcommittee as a whole
was discussed by the HRC and Council Health and Safety Committee. In addition,
the proposed language gives the Subcommittee the ability to decline to review any
individual case. The intended result of these options is to enable the
Subcommittee to exercise some control over its workload and, at the same time, '
use its time and resources on the cases in which it can be most effective."
Employee Development Director Jaime Mares outlined. the background of this item.
Gary Wells, former Chairperson of the Human Relations Commission, urged adoption
of.the Ordinance.
Councilmember Maxey made a motion, seconded by Councilmember Azari, to adopt
Ordinance No. 83, 1992 on First Reading.
Mayor Kirkpatrick stated it was an innovative idea and spoke of her enthusiasm
in seeing the project proceed.
The vote on Councilmember Maxey's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Fromme, Horak, Kirkpatrick, Maxey and Winokur. Nays: None.
THE MOTION CARRIED.
Resolution 92-113
of the Council of the City of Fort Collins
Adopting a Strategy for the Future Planning
and Provision of General Government Facilities,
as Described in Scenario C of the Strategic
Facility Plan for General Government Services, Adopted.
435 1
July 7, 1992
The following is staff's memorandum on this item.
"EXECUTIVE SUMMARY
Adoption of this strategy as described in Scenario C of the Strategic Facility
Plan for General Government Services provides the following guidance and
direction for future general government facilities planning:
When needed and approved, construction of new facilities should be
three to four stories in height and in a downtown "campus" style;
Analyze other sites near Block 31 to meet facilities needs with the
probability of continuing to use Block 31 for parking;
Due to the physical constraints of City Hall East, facilities needs
of Police Services is a high priority;
Plan to continue to use City Hall East to meet general office needs,
Continue to explore opportunities for joint City/County facilities
as the County's future facility plans become apparent.
' BACKGROUND:
An interim report on the Strategic Facility Plan for General Government Services
was presented to City Council at a worksession in December 1991. That report
reviewed the progress on the city-wide Facility Master Plan and the need for a
Strategic Facility Plan for General Government Services to fill in the "data -gap"
in the overall city-wide plan. Several alternative strategies were reviewed with
Council in order to determine future planning directions for providing general
government facilities.
The consensus of Council focused on Scenario C as the recommended strategy and
staff was directed to proceed with a public outreach process prior to bringing
the plan/strategy back to Council for adoption. Twenty organizations and
community groups were contacted, including Citizen Planners, Downtown Business
Association and Challenge Fort Collins. Presentations were given to eight
organizations, including the Board of Realtors, Downtown Development Authority,
Rotary Club, and the Planning and Zoning Board. One public open house was held,
to which approximately twenty residents representing various neighborhood groups
or other interests were personally invited. Additionally, the Block 31 Committee
of City and County representatives met and discussed the plan and strategies on
May 20, 1992.
The adoption of this strategic plan does not commit funds nor does it design
buildings. This strategy will provide guidance for meeting future space needs.
Actual growth will be measured against the baseline established by the plan. The
' plan will then be revised to reflect the current situation. Without this plan,
436
July 7, 1992
the provision of facilities to meet service needs will continue to be short-term,
reactionary, and expensive. No land purchases or construction will take place
until space needs are recognized by the Council and budgets approved. The
facility needs identified in the Strategic Plan are expected to be funded through
major capital improvement planning and budgeting processes, similar to the
capital improvement programs of the past."
Planner/Architect Wendy Irving gave a slide presentation on this item and
outlined the Strategic Plan.
Mayor Kirkpatrick questioned what would have happened if a Strategic Plan had
been implemented prior to the purchase of the 281 N. College site.
Tom Frazier clarified that if a plan had been in place at the time of the 281
North College agreement, it would have saved the City considerable time and
frustration.
Mayor Kirkpatrick questioned the number of employees per capita and how that
number compares with City's of comparable size.
City Manager Steve Burkett pointed out the difficulty in comparing Fort Collins
to other cities since Fort Collins has an Electric Utility.
Bruce Lockhart, 2500 E. Harmony Road, opposed the Resolution and questioned the '
City's motiviation in locating offices in the northern section of the City when
City growth is migrating south.
Evelyn Clarke, 1401 Lindenwood Drive, suggested using vacant school sites as a
location for City facilities.
Councilmember Fromme stated the City should examine the possibility of utilizing
the Fort Collins High School site.
The vote on Councilmember Maxey's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Fromme, Horak, Kirkpatrick, Maxey and Winokur. Nays: None.
THE MOTION CARRIED.
Resolution 92-114
Amending Resolution 91-99,
Section 2, Item V, Relating
to a Citizen Involvement Process for Capital
Improvement Projects, Adopted Option A as Amended.
The following is staff's memorandum on this item.
I
437
July 7, 1992
'EXECUTIVE SUMMARY
On
May 12, the Council discussed in work
session its Work Plan item related to
a citizen involvement process
for Capital
Improvement Projects. Staff was asked
to
revise the Work Plan item
to provide
the Council with three options:
A.
Actively participate in
the leadership
of the citizen based Challenge Fort
Collins effort.
B.
Provide information and support
for any citizen -initiated strategic
planning efforts.
C.
Remove Section 2, Item
V from the
Council Work Plan.
This Resolution contains three options. The option the Council wishes to pursue
with respect to this item needs to be included in the motion for adoption. The
Mayor and City Manager have been involved in the Challenge Fort Collins project
since its inception. Any strategic planning effort done in the community will
have a major impact on the City. Staff recommends that the City continue to play
a leadership role in this effort by selecting Option A of the Work Plan itenr.-
As a major institution in the community, it is important that the City play a
leadership role and participate in the Stakeholder process outlined in the
national Civic League process. Challenge Fort Collins presents a unique
opportunity for the community to look to the future."
Assistant to the City Manager Julia Novak gave a presentation on this item,
outlined the options and urged Council to adopt Resolution 92-114, Option A.
Councilmember Edwards made a motion, seconded by Councilmember Maxey, to adopt
Resolution 92-114, Option A.
City Manager Steve Burkett clarified there had not been a substantial amount of
staff time involved in the project to date.
Julia Novak clarified stakeholders represent themselves, not a particular entity.
She commented the differences between Challenge Fort Collins and Choices 95,
noting Challenge Fort Collins deals more with the needs of the community.
Chris Kneeland, representing Challenge Fort Collins, explained the procedure in
becoming a stakeholder and responded to Council questions regarding the process.
She stated it is a process of inclusion and was modeled after the National Civic
League process.
Councilmember Winokur expressed concerns that stakeholders may use their
positions as a launching ground for political offices.
City Manager Steve Burkett spoke of the broad spectrum of projects that are being
reviewed and stated education is an issue that is discussed most frequently.
438
July 7, 1992
Chris Kneeland responded to Council questions regarding similar organizations.
Councilmember Fromme commended the members of Challenge Fort Collins for their
efforts and stated she would like the wording in the Resolution to be broader
encompassing similar interest groups and supported Option B.
Chuck Patton, 1229 Teakwood Drive, stated he supported the goals of Challenge
Fort Collins. He stated he opposed the membership and participation of the Mayor
and City Manager suggesting a possible staff liaison be appointed to the group.
Councilmember Winokur made a motion, seconded by Councilmember Azari, amending
Resolution 92-114 Section 2, 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 plans for various
projects, program and initiatives together with time tables for implementation
and proposed funding methods.".
The vote on Councilmember Winokur's motion to amend was as follows: Yeas:
Councilmembers Azari, Fromme, Horak, Kirkpatrick, Maxey and Winokur. Nays:
Councilmember Edwards.
THE MOTION CARRIED.
Councilmember Horak stated he supported the efforts of the group but expressed
concerns regarding staff involvement and questioned staff's objectivity regarding
certain projects.
Mayor Kirkpatrick spoke in support of the Resolution.
The vote on Councilmember Edwards' motion to adopt Resolution 92-114 as amended
was as follows: Yeas: Councilmembers Azari, Edwards, Fromme, Horak,
Kirkpatrick, Maxey and Winokur. Nays: None.
THE MOTION CARRIED.
Resolution 92-115
inq Financial and Manaaement Policies
The following is staff's memorandum on this item.
"FINANCIAL IMPACT
Financial and Management Policies are used to establish guidelines for the 1993
Annual Budget and long range financial plans. These policies reflect Council
direction and commitment to sound financial planning and management.
439 1
1 July 7, 1992
EXECUTIVE SUMMARY
The Financial and Management Policies form the basis for the City of Fort
Collins' Annual Budget. Staff has reviewed the policies and has made the
following changes to be incorporated into the 1993 Annual Budget. Only those
changes or additions that are material to the Financial and Management Policies
have been listed.
Section 1.1 Overview has been added. This is a general overview of what forms
the foundation for development of the annual budget, and the Financial and
Management Policies. This section was used as an introduction to the Financial
and Management Policies in previous annual budget documents.
Section 1.3(d)1. Prior Year Reserves has been amended to add that Council may
appropriate from the Productivity Savings Reserve to fund items which were not
included in the adopted budget. This ties to Section 4.1 and Section 5.2 that
deal with the Productivity Incentive Policy and the Designated Reserve for
Productivity Savings.
Section 2.1 Revenue Review and Projection has been amended to eliminate
references to the basis on which proposed fee rate increases are made. This
section now describes an overview of the City's revenue and projection
' philosophy. The reference to fees and charges that were eliminated from this
section has been incorporated into section 2.2 Fee Policy.
Section 2.2 Fee Policv has been added. This Policy governs the fees charged by
the City to cover the cost of services provided. This Policy identifies the
kinds of services for which fees could be imposed by the City and establishes a
uniform method for determining the appropriate percentage of costs to be
recovered through such fees. The general principle is that the amount of a fee
should not exceed the overall cost of providing the service for which the fee is
imposed. This Policy was reviewed by the City Council and the Council Finance
Committee and comments have been incorporated into this Policy.
Staff is recommending adoption of the Policy at this time but is also conducting
a survey of other municipalities and an administrative impact study to see
whether the policy should be expanded to address the allocation of fee revenues
to those areas which provide the service. If so, an amendment to that effect
will be presented to Council within 60 days after completion of the necessary
analysis.
Section 3.4 Total Compensation Plan has been amended to clarify the purpose of
the Plan. The Plan was amended to state that the experience, commitment and
talent of the City employees is critical to the quality and value of City
services, and that the City wi71 compensate employees better than seventy percent
of comparable employers to the extent that such a level is consistent with the
overall financial condition of the City. The Total Compensation Plan amendments
1 were reviewed by the City Council.
440
July 7, 1992 1
Section 4.1 General Fund Service Productivity Incentive Policy has been added.
This Policy creates incentives to more closely examine spending decisions and to
consider program related savings from service productivity before requesting
additional General Fund resources. Increased productivity, rather than service
decreases, must generate the savings. This Policy has been reviewed by the City
Council and the Council Finance Committee.
Section 5.2 General Fund Designated Reserve for Productivity Savings has been
added. This reserve is designated for accumulated savings pursuant to the
Service Productivity Incentive Policy previously noted. Council must approve,
through an appropriation ordinance, any use of the accumulated savings from this
reserve."
Councilmember Azari made a motion, seconded by Councilmember Edwards, to adopt
Resolution 92-115.
Director of Finance Alan Krcmarik gave a brief review of the changes in the
Financial Management Policies and spoke of the changes in the productivity
reserve.
City Manager Steve Burkett outlined the Total Compensation Policy and recommended
Council retain the policy.
Mike Thornton, member of the Faternal Order of Police, concurred with staff and I
the Personnel Board and urged Council to adopt the Resolution.
Brant Keeney, 1610 Westbridge Drive, supported the Resolution and noted that
paying at the 70th percentile attracts quality employees.
Councilmember Maxey expressed concerns regarding the sick leave policy.
Councilmember Horak opposed the Total Compensation Plan, disagreeing with the
statement "higher salaries attract quality employees".
Councilmember Azari spoke in support of the Total Compensation philosophy and
suggested incorporating sick leave needs as a part of the policy.
Councilmember Edwards spoke in support of the policies and stated he supported
the 70th percentile concept but expressed concerns regarding the public's
perception of City employees. He suggested employees might volunteer in the
public sector.
The vote on Councilmember Azari's motion was as follows: Yeas: Councilmembers
Azari, Edwards and Kirkpatrick. Nays: Councilmembers Fromme, Horak, Maxey and
Winokur.
IP.InuNI[oil yd1IA11w
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1 July 7, 1992
Councilmember Winokur made a motion, seconded by Councilmember Edwards, to
exclude Total Compensation from Resolution 92-115 Exhibit A and Adopt Resolution
92-115 as amended.
The vote on Councilmember Winokur's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Fromme, Horak, Kirkpatrick, Maxey and Winokur. Nays: None.
THE MOTION CARRIED.
Resolution 92-84
Approving the Purchase of
Property for Fossil Creek Trail
Access and Trailhead in Clarendon Hills, Adopted.
The following is staff's memorandum on this item.
"FINANCIAL IMPACT
The purchase price for this 1.3 acre lot is $33,000. The money is budgeted and
available in the Conservation Trust Fund.
EXECUTIVE SUMMARY
This resolution authorizes the purchase of land (Lot 5) from Clarendon Hills
Associates for trail purposes along Fossil Creek. This 1.3 acre site would
provide an off street connection to the trail corridor on Fossil Creek and the
Burns Tributary. The site would also serve as a trailhead and rest area for
trail users.
The purchase price of Lot 5 is comparable to other lots with Fossil Creek Drive
access. Lots north of Fossil Creek with cul-de-sac access are valued at $55,000
or more.
The Clarendon Hills Master Plan was prepared in 1986. The first filing, which
includes Lot 5, was platted in 1987. The Parks and Recreation Master Plan, which
includes the trail plan, was adopted by Council in February 1988. Consequently,
the City's trail needs were not integrated into the Clarendon Hills Master Plan.
This resulted in dealing with the developer in a buyer -seller mode in an effort
to get trail right-of-way to an access point on Fossil Creek Drive.
Subdivision regulations, Section 29-659, provide that reservations for public
uses need to be mutually agreed upon with the developer. Items such as parks and
trails are not granted automatically. Once a plat is approved, a developer has
final authority to proceed. Any changes desired after that approval are subject
to negotiation.
Early in 1990, trail opportunities on the Burns Tributary were discussed with the
developers. The trail underpass in conjunction with new storm drainage
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July 7, 1992
improvements under Shields Street provided the opportunity to avoid a surface
crossing of the street. Although the underpass project missed the 1991
construction season, the project started early in 1992 and is nearing completion.
Design and project administration was performed by the developer's staff. The
City's cost share was $15,000 for design and project management and $110,000 for
construction, which was paid with Conservation Trust Fund monies.
The majority of the City's trails work is devoted to completing the trail loop
as defined in the City Council four year plan. This portion of the trail is not
part of the primary loop system, but rather a portion of a future trail as
defined in the Parks and Recreation Master Plan. The attached map shows the
approximate location of this future loop. The City's interest in this section
of trail would have been premature had not the work dictated by the Storm Water
Utility created the opportunity for the Shields underpass and this need to
connect to Fossil Creek Drive.
Arterial streets such as Shields 'Street serve as funneling points for trail
access. Lot 5, which is adjacent to Shields Street will serve in the future as
a trailhead and rest area. The costs for widening and improving Shields Street
along Lot 5 (about $7,000) are being paid by the developer. The developer also
has dedicated .15 acres to the City at the underpass' area for trail purposes.
The trail extension through the south part of Clarendon Hills is accommodated '
within the floodway reservation of the Burns Tributary. This tributary runs into
Fossil Creek which flows east out of the subdivision and into a home owner's
landscaped area in Applewood Estates. Staff's effort to get the trail to
intersect with Fossil Creek Drive may lend itself to more of a public right-of-
way. The end of the Burns Tributary left the trail a few hundred feet from
Fossil Creek Drive, hence the proposal to purchase Lot 5.
Serious efforts have been made to keep the trail off street where possible and
to avoid surface crossing of city streets. Lot 5 would further this effort in
not having to ride along Shields Street for approximately one-fourth of a mile
to Hilldale Drive to access the trail.
The Parks and Recreation Board discussed this potential purchase (then known as
Lot 59) at its meeting of April 24, 1991, and unanimously approved the proposed
purchase."
Councilmember Edwards made a motion, seconded by Councilmember Fromme, to adopt
Resolution 92-84.
Cultural, Library and Recreational Services Director Mike Powers clarified the
trail would eventually be connected to the current trail system.
The vote on Councilmember Edwards' motion was as follows: Yeas: Councilmembers
Azari, Edwards, Fromme, Horak, Kirkpatrick, Maxey and Winokur. Nays: None.
443 1
THE MOTION CARRIED.
Other Business
July 7, 1992
Councilmember Maxey asked if workplan items in the North College area will be
completed in 1992-93 and expressed concerns that pedestrian and bicycle traffic
on North College do'not have access to a trail system.
Councilmember Winokur requested the City Attorney present Council with the recent
analysis of the Supreme Court decision, Lucas vs. South Carolina, regarding land
uses and zoning and the implications
Mayor Kirkpatrick stated she and Councilmember Horak would return to Council with
a recommendation regarding Council representation to the Airport Access Board.
Adjournment
Councilmember Azari made a motion, seconded by Councilmember Horak, to adjourn
to July 14 at 6:15 p.m. for the purpose of conducting the mid -year evaluations
of the City Attorney, City Manager and Municipal Judge.
The vote on Councilmember Azari's motion was as follows: Yeas: Councilmembers
Azari, Edwards, fromme, Horak, Kirkpatrick, Maxey and Winokur. Nays: None.
THE MOTION CARRIED.
ATTEST: y0r ;Pro Tem
City Clerk
444