HomeMy WebLinkAboutMINUTES-09/17/1991-RegularSeptember 17, 1991
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council -Manager Form of Government
Regular Meeting - 6:30 p.m.
A regular meeting of the Council of the City of Fort Collins was held on Tuesday
September 17, 1991, at 6:30 p.m. in the Council Chambers of the City of Fort
Collins City Hall. Roll call was answered by the following Councilmembers:
Azari, Edwards, Horak, Kirkpatrick, Maxey and Winokur.
Councilmembers Absent: Councilmember Fromme.
Citizen Participation
Dave Siever, Director of Cultural Services and Facilities, recognized museum
volunteers for their assistance with the infestation problem that was threatening
the museum collection and thanked the docents for their services. He presented
a framed commemorative poster to Target Store Manager Bill Culp, for Target's
donation to the Children's Series at the Lincoln Center.
Alvin Pettine, 1430 Front Nine Drive, representing SouthRidge golfers, presented
a petition with 965 signatures urging revocation of the decision to sell
SouthRidge.
Roy Vratil, 1401 Shamrock, voiced concerns regarding medians, enforcement of
speed limits and the lack of police officers patrolling major arterials.
Donna Fairbank, 1712 Clearview Court, stated the volume of waste hauler traffic
and the weight of the vehicles has ruined her newly repaved street and requested
staff re-examine the trash collection policy.
Tom Meyer, 1225 West Prospect Road #N10, President of ASCSU noted that
historically the student population and the community have been combative and
added ASCSU was interested in establishing a good working relationship between
the community and students.
Scott Schneider, Director of Student Affairs of ASCSU, commented on the recent
modifications to the Transfort system.
Craig Welling, Assistant Director of Student Affairs, commented that he looked
forward to the opportunity for ASCSU and Council to work together on projects
of mutual concern.
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September 17, 1991
Dorothy Tanton, 608 Balsam Lane, expressed concerns regarding parking, speeding
and trash dumping in her neighborhood near the CSU campus.
Bryce Avery, 826 West Magnolia, spoke of an amendment from a group in Colorado
Springs making it legal to discriminate against people on the basis of their
sexual orientation, and requested support from Council and the citizens of Fort
Collins to help fight the discrimination.
Agenda Review
City Manager Steve Burkett requested Item #12, Second Reading of Ordinance No.
33, 1991, Authorizing the Sale of Certificates of Purchase Issued by the Larimer
County Treasurer for Unpaid Special Assessments in the Boardwalk Special
Improvement District #77, be withdrawn from the Consent Calendar and placed on
the Discussion Calendar.
City Manager Steve Burkett stated there may be a request for an Executive Session
regarding Item #20 Items Pertaining to Foreclosure of Certificates of Purchase
and Special Improvement Districts.
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"
the Consent Calendar will be considered separately under Agenda Item #13, Pulled
Consent Items.
6. Consider approval of the minutes of the regular meeting of August 6.
IFA
This Ordinance, which was unanimously adopted on First Reading on September
3, enables the Police Department to more efficiently deal with lost and
recovered property and allow the return of found property to the finder.
8. Second Reading of Ordinance No. 106, 1991, Amending Section 24-92 of the
Code Pertaining House Numbers Painted on Curbs.
Painted on Curbs.
Staff recommends amending the Code to provide greater opportunity for
individuals who wish to paint house numbers on curbs. This Ordinance,
which was unanimously adopted on First Reading on September 3, includes
definitive criteria for the Director of Engineering to issue permits.
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September 17, 1991
9. Second Reading of Ordinance No. 107, 1991, Authorizinq the Conveyance of
In February, 1991, the City granted right-of-way totaling 1.74 acres to
Larimer County for the reconstruction of Centennial Drive. In order to
accomplish this work some additional right-of-way is needed through areas
owned by the City and managed by Park Planning and Development. This
Ordinance, which was unanimously adopted on First Reading on September 3,
authorizes the conveyance of the additional right-of-way.
10. Hearing and First Reading of Ordinance No. 108, 1991, Amending Chapter 23.5
of the Code Pertaining to Special Events.
12.
The proposed ordinance would amend the Code to extend the application of
the special events permit process to events which are held on any property
owned or leased by the City if it appears that those events may interfere
with the normal operations or flow of traffic on the property.
The 1991 budget appropriated $15,385 in the General Fund for other social
service projects. This appropriation is not included in the current
intergovernmental agreement between the City and Larimer County. City
funding of social services is presently accomplished by a single contract
with Larimer County whereby the City conveys funds to the County for the
purpose of providing social services in the City of Fort Collins and the
County distributes those funds among social services agencies as agreed
to by the City.
This ordinance, which was adopted on a 7-0 vote on first reading on March
19, 1991, authorizes the sale of certificates #45455 and #45456 to the
Harmony Presbyterian Church for the amount of $56,472.31, representing the
principal amount due on the certificates. The ordinance also appropriates
$54,272.52, representing the accrued interest and penalties due on the
certificates, from the Bond Fund. This appropriated amount, together with
the payment received from the Harmony Church, will be deposited into the
1989 Consolidated Street Improvement- District'Fund, to be applied to the
payment of the bonds issued by the'.City to•fund the construction of the
Boardwalk Special Improvement District No. 77 improvements or the refunding
bonds subsequently issued by the City.
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16. Public Hearing on the 1992 Recommended Budget.
17.
September 17, 1991
This is the first official Public Hearing on the 1992 Recommended Budget.
Staff is recommending that a contract to conduct the Northeast Area
Transportation Study be awarded to the firm of Howard Needles Tammen and
Bergendoff.
18. Resolution 91-124 Approving the Extension of the Professional Services
Agreement with Price Waterhouse to Include the 1991 Audit.
Article II, Section 17 of the City's Charter requires the City Council to
provide for an independent audit of the City's books and accounts on an
annual basis. For the past three years, Price Waterhouse (PW) has
performed the City's audit.
Under the terms of the contract with PW,
the City has an annual
option to
renew the contract until the completion
of the 1992 audit. The
option to
renew must be exercised by notifying PW
in writing on or before
September
30 of each year.
'
The Finance Committee has requested that
Council approve the extension of
the audit contract through a Resolution and that any discussions
regarding
the audit take place at an open Council
meeting.
19. Items Related to the East Side/West Side Neighborhoods Rezoning Proiect.
A. Resolution 91-126 Setting Forth Findings and Determinations Regarding
the East Side/West Side Rezoning Project.
B. Hearing and First Reading of Ordinance No. 110, 1991, Amending
Chapter 29 of the Code Relating to the R-M, R-H, B-L and B-G Zoning
Districts.
C. Hearing and First Reading of Ordinance No. 111, 1991, Amending
Chapter 29 of the Code by the Addition of Four New Zoning Districts
to be Known as the N-C-L, N-C-M, N-C-B and C-L Zoning Districts.
D. Hearing and First Reading of Ordinance No. 112, 1991, Amending
Chapter 29 of the Code by the Addition of a New Subdivision V' to
Division 4 of Article III Pertaining to Site Plan Design Supplemental
Review.
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September 17, 1991
1
Hearing and First Reading of Ordinance No. 113, 1991, Amending the
Zoning District Map of the City.
The EAST SIDE and WEST SIDE NEIGHBORHOOD PLANS establish. specific land use
policies for their respective areas of the city. The major goals of the
rezoning project were: (1) to develop zoning regulations to preserve the
residential character of the neighborhoods; and (2) to protect the
neighborhoods against incompatible land uses which could locate internally
and/or along the periphery of the neighborhoods and have negative impacts
and influences within them.)
20. Items Pertaining to Foreclosure of Certificates of Purchase and Special
Improvement Districts.
A. Resolution 91-125 Authorizing the Foreclosure of Certificates of
Purchase.
B. Hearing and First Reading of Ordinance No. 109, 1991, Amending
Chapter 22 of the Code Pertaining to Special Improvement Districts.
The proposed resolution and ordinance are presented for Council's
consideration to clarify and expedite the process for collecting
assessments in special improvement districts and, in particular, to
facilitate the foreclosure of assessment liens when property owners fail
to pay their assessments in a timely fashion. The resolution would
specifically authorize the commencement of a civil action to foreclose the
certificates of purchase which the City presently holds. The ordinance
would make several changes to the provisions of the City Code, including:
(1) clarifying that penalty interest is paid in addition to ordinary
interest; (2) providing an alternative method for foreclosing an assessment
lien, in addition to that which is utilized for general taxes; (3)
describing in detail the process for acquiring certificates of purchase
and selling the certificates or the underlying property; (4) providing for
the disposition of the proceeds of sale; (5) empowering the City to retain
certain properties rather than selling them; and (6) validating all sales
of property or certificates of purchase when they have been sold for fair
market value.
Ordinances on Second Reading were read by title by Wanda Krajicek, City
Clerk.
7.
A
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6
12.
September 17, 1991
Second Reading of Ordinance No. 107, 1991, Authorizing the Conveyance of
Real Property from the City of Fort Collins to Larimer County.
Ordinances on First Reading were read by title by Wanda Krajicek, City Clerk.
Ito]
17
19
Hearing and First Reading of Ordinance No. 108, 1991, Amending Chapter 23.5
of the Code Pertaining to Special Events.
Hearing and First Reading of Ordinance No. 103, 1991, Appropriating Prior
Year Reserves from the Transportation Services Fund for the Northeast Area
Transportation Study.
Items Related to the East Side/West Side Neighborhoods Rezoning Project.
B. Hearing and First Readino of Ordinance No. 110. 1991. Amendino
C.
D.
E.
20. It
I rr
B.
Hearing and First Reading of Ordinance No. 113, 1991, Amending the
Zoning District Map of the City.
Councilmember Horak made a motion, seconded by Councilmember Azari, to adopt
and approve all items not removed from the Consent Calendar. Yeas:
Councilmembers Azari, Edwards, Horak, Kirkpatrick, Maxey and Winokur. Nays:
None.
THE MOTION CARRIED.
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September 17, 1991
Ordinance No. 33, 1991,
Authorizing the Sale of Certificates
of Purchase Issued by the Larimer County
Treasurer for Unpaid Special
Assessments in the Boardwalk Special
Improvement District #77, Adopted on Second Reading
The following is staff's memorandum on this item.
"FINANCIAL IMPACT
Certificates of Purchase #45455 and #45456 have a principal value of $56,472.31.
Total interest and penalties on the certificates is $54,272.52. Thus, the full
value of the certificates of purchase is $110,744.83. Adoption of this Ordinance
would authorize the sale of the certificates of purchase for $56,472.31. The
ordinance also appropriates $54,272.52 from the Special Assessment Debt Service
Fund to be used for the payment of District No. 77 bonds.
I�Ixillll�%�Cill�/uLI:�
This ordinance, which was adopted on a 7-0 vote on first reading on March 19,
1991, authorizes the sale of certificates #45455 and #45456 to the Harmony
' Presbyterian Church for the amount of $56,472.31, representing the principal
amount due on the certificates. The ordinance also appropriates $54,272.52,
representing the accrued interest and penalties due on the certificates, from
the Bond Fund. This appropriated amount, together with the payment received
from the Harmony Church, will be deposited into the 1989 Consolidated Street
Improvement District Fund, to be applied to the payment of the bonds issued by
the City to fund the construction of the Boardwalk Special Improvement District
No. 77 improvements or the refunding bonds subsequently issued by the City.
In the period since First Reading, the Harmony Church has obtained the necessary
financing to pay the principal amount of the assessment, and the City has
provided notice to the affected bond holders as required by the City Code.
1:1.►A13ef.10111101
The Boardwalk Special Improvement District #77 was created in September of 1982
at the request of a majority of property owners in the district. Proceeds of
the bonds issued for this district were used' to construct improvements which
included Boardwalk Drive and a portion of Landings drive,• as well as utility
improvements. The district was not completed and assessed'until January of 1986
at which time notice of assessment was sent to The Landings; Inc. At the time
of assessment, a portion of the property previously owned by Landings Inc., had
been transferred to the Harmony Presbyterian Church. No written notice of
assessment was sent to the Church. The Church's assessment installment which was
due in 1988 was not paid, and tax certificates of purchase were, issued to the
City in November of 1988 for those unpaid special assessments.
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September 17, 1991
The Church has contested the validity of the assessments, primarily because it
was not notified as the current property owner at the time of assessment and it
did not have an opportunity to be heard as to the amount of the assessment that
was levied against the Church property. The Church has requested that the City
Council authorize the sale of the certificates of purchase to the Church at the
amount equal to the principal portion of the assessment levied against the Church
property in 1986. In effect, this would forgive the interest and penalties which
have accrued in the interim.
Section 23-111 of the Code authorizes the City Council to sell tax certificates
at a discounted amount if it is in the best interests of the City to do so. The
City has complied with the notice requirements of Section 23-I11 and will
complete the sale of the tax certificates to the Harmony Church if the ordinance
is approved on second reading. All liens against the Church property for special
assessments for the Boardwalk SID #77 would then be released."
Councilmember Winokur made a motion, seconded by Councilmember Azari, to adopt
Ordinance No. 33, 1991 on Second Reading.
The vote on Councilmember Winokur's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Horak, Kirkpatrick, Maxey and Winokur. Nays: None.
THE MOTION CARRIED.
Councilmember Reports
Councilmember Horak stated he recently attended a National League of Cities
Energy, Environment and Natural Resources Steering Committee meeting and reported
the Committee has adopted a national policy requiring the same land use criteria
for cement kilns, boilers and furnaces as are required of furnaces.
Mayor Kirkpatrick reported the U.S. Conference of Mayors identified October as
Breast Cancer Awareness Month, and stated that she and Council would be
organizing community outreach programs in attempt to bring a local focus to the
national effort.
Public Hearing on the 1992 Budget
Jim Tanner, speaking on behalf of the Landmark Preservation Commission
residing at 215 Park Street, requested additional funding for historic
preservation.
Leighton Thorne, 2525 Tulane Drive, representing Fort Collins Youth
Baseball, requested funds be allocated for the construction of four
additional baseball fields at Boltz Junior High School and spoke of a
proposal drafted by Poudre R-1 for Council to work jointly with Poudre R-
1 in support of youth baseball.
396
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September 17, 1991
3. Russ Fulton, principal of Moore Elementary, encouraged Council to consider
the DARE program for possible expansion including other schools.
4. Gene Little, 1331 Stonehedge, spoke of the positive aspects of the DARE
program and requested more support from Council.
5. Jennifer Stuart, 2425 Creekwood, student, spoke in support of the DARE
program.
6. Debbie Nolan, a teacher at Riffenburgh Elementary, commended Council for
its contribution towards bringing the DARE program to the City's schools
and urged Council to continue the program.
7. Jamie Stuart, 2425 Creekwood, spoke in support of the DARE program.
8. Eldon Mulstrom, a teacher at Riffenburgh Elementary, urged Council to
support the DARE program and to consider an increase in its funding.
9. Emily Patchen, 2632 Killdeer Drive, spoke of the positive aspects of the
DARE program.
10. Evelynn Jacobi, 1621 Lakeside Drive, spoke of DARE's track record and urged
Council to continue supporting the program.
11. Anthony Denardo, 640 South Meldrum, urged Council to discontinue funding
for the DARE program and stated the information was not factual.
12. Carol Ann Naphey, a teacher at Moore Elementary, spoke of the positive
points of the DARE program noting it educates children about drugs and
helps in building self esteem.
13. Pat O'Connor, 1935 Water's Edge, spoke of concerns regarding the tennis
program and noted Fort Collins has the largest number of tennis teams in
Colorado.
14. Scott Schneider, 263 South Taft Hill Road, requested the issue of Transfort
services on the eastern side of Fort Collins be looked into and urged
Council to continue funding of Transfort.
15. Craig Welling, 307 Ellis Hall, asked Council to continue to support the
mass transit program noting if Transfort were available in heavily
populated areas surrounding CSU it might alleviate the parking and traffic
problems.
16. Bob Tueting, 916 Cheyenne Drive, said the spending should come to an end
and urged Council to start saying "no" to new programs.
1 397
September 17, 1991 '
17. Bruce Lockhart, 2500 E. Harmony Road, stated user fees should be increased
rather than raising taxes and that subsidies to the Cultural, Library and
Recreational services should be limited.
18. Betty Vale, Vice -President of the Fort Collins Tennis Association, urged
Council to keep the Rolland -Moore tennis complex open.
Ordinance No. 103, 1991,
Appropriating Prior Year
Reserves from the Transportation
Services Fund for the Northeast Area
Transportation Study. Adopted on First Reading.
The following is staff's memorandum on this item.
"FINANCIAL IMPACT
Approval of this Ordinance would reduce the balance in Transportation Fund,
Transportation Division Reserves from $590,426 to $461,451 and increase
appropriations in the fund by $128,975. Council recently approved the
appropriation of $362,000 from the Transportation Fund, Transportation Division
Reserves for the Glacier Park Project. If both ordinances are appropriated, the '
Reserve will be reduced to $99,451. A balance of $99,451 will be adequate
reserves to meet the needs of the Transportation Fund for the next few years.
Longer term revenue issues do exist, specifically regarding crossing guards, and
will be addressed by staff during the next six months.
EXECUTIVE SUMMARY
On August 20, Council initially discussed this agenda item. At that time,
Council identified questions regarding this proposed study. A list of those
questions and answers is attached. (Attachment III)
The City Council identified the "Fort Collins Expressway" as one of its policy
agenda goals for 1989-1991.
The Fort Collins Expressway project has been a Colorado Department of Highways
project for over 20 years. To date, the CDOT has taken the lead to analyze the
necessity for a State highway facility to bypass the City's central business
district. Over time, questions began to surface about whether or not this
project adequately addressed the transportation issues and needs in this section
of the community.
In the past five to six years, questions have arisen from residents living and
working in the areas impacted by the proposed State highway. Basic questions
that have surfaced include: Is the facility needed at all? What are the current
transportation conditions in this sector of the city? =Does the data support ,
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September 17, 1991
continued public commitment of resources for this proposed state highway
facility?
Currently, work on the S-EIS is on hold. The CDOT advises that it is waiting
for the City's transportation planning effort to be completed in order for the
state to have a better understanding of the overall transportation needs of the
City.
However, there are still a number of unanswered question and issues related to
the City's transportation needs and issues in the northeast part of the city.
These include:
1. The S-EIS is incomplete and the data upon which the statement is
based upon is stale.
2. There is a lack of community consensus on the need or justification
for the project.
3. Members of Council have expressed dissatisfaction with the options
identified in the S-EIS.
4. Neighborhoods most directly affected are unsettled as to the status
' of the project and its impacts on their quality of life.
5. General dissatisfaction with the length of time involved on the
process to date and the failure to resolve in a timely manner the
questions of need, justification, environmental impacts, type, and
location of facility.
During Council work sessions in February and April of this year, the City Council
discussed these issues and asked staff to develop a Transportation Study that
would:
Address the area -wide transportation needs of the northeast section
of the city.
Consider not only automobile needs, but include bicycle, transit,
pedestrian, and other alternative travel modes.
Involve citizens throughout the study.
Further, the Council indicated that the study should initially focus on defining
the transportation issues and needs of this area. Some of the issues that have
been discussed over the years include:
Downtown truck traffic;
' _ Colorado Highway 14 relocation;
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September 17, 1991 '
Impacts of railroad activity on Vine Drive; and
Lack of bicycle facilities in the northeast area.
Once the issues and needs are defined, short-term and long-term conceptual
solutions would be identified.
The staff using these study concepts has conducted a consultant selection
process. The request for proposals attracted five consulting firms. Staff
interviewed all five and is recommending that a contract be awarded to the firm
of Howard Needles Tammen and Bergendoff. HNTB's proposal was determined to be
the best based on the following elements:
has a successful track record in transportation planning;
has a good grasp of what the City of Fort Collins is requesting in
terms of this study;
has prior experience in successfully resolving controversial
transportation issues; and
has a highly experienced, in-depth facilitator to coordinate a I
comprehensive public participation program in conjunction with this
study.
The project will cost $128,975.00 and take 12 months to complete. The project
as currently proposed is broken down into four key areas.
Attachment I is a memo from Finance staff summarizing the funding options which
staff considered for this project. The memo also outlines funding options which
will be presented to Council in the future concerning the following projects:
the Linden Hotel re -development, railroad track relocation, and the Glacier Park
acquisition.
Attachment II depicts the four areas, their cost and schedule. Listed below
is a brief description of each area.
Public Process
The public process element of this study will enable citizens to participate in
the project throughout. A key element. of the process will be the establishment
of a Citizens Advisory Committee that serves as a focal point for citizen
involvement. Key citizens, who represent the various affected interest, would
serve on the committee for the length of, the study. It is anticipated that a
Council members would be a member of this task force. The professional
facilitator will work with this citizen group'to assist in the study process. '
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September
17, 1991
Other techniques will
be used to involve citizens in the study
such as
newsletters, telephone
hot line, and one-on-one meetings. This type
of effort
is manpower intensive,
but needed to adequately deal with the complex
nature of
the project.
Transportation Planning
Transportation Planning will look at automobile, bicycle, pedestrian, and transit
needs. Identification of current operational levels and definition of future
needs will take place. The effort will also include verification of land use
patterns for this area of the city. New data will be gathered relating to
transportation operation in this area by using an origin and destination study.
The origin and destination study will help define existing travel behavior.
Conceotual Design and Costing
As transportation issues and needs are identified and data is examined to clarify
these issues, conceptual design of alternatives will take place to develop
potential solutions. These conceptual designs will include phasing and cost
information, as well as an analysis on their impact to air quality, environment,
economics, and energy consumption.
Implementation Plan
The final element of the project is the development of an Implementation Plan.
The Implementation Plan would address automobiles, bicycles, pedestrians, and
transit and develop potential financing or revenue enhancement opportunities that
could support transportation improvement in the area."
Deputy City Manager Diane Jones gave a presentation on this item noting the HNTB
Consultants were available to answer Council questions.
Councilmember Azari made a motion, seconded by Councilmember Edwards, to adopt
Ordinance 103, 1991 on First Reading.,
Sandy Lemberg, Poudre Canyon resident, spoke of the public participation process
regarding the Laporte bypass project and stated he was interested in the citizen
advisory panel.
Consultant Keith Rossbury representing HNTB, stated the scope of the project
was to develop a land use and transportation plan for the northeast quadrant of
the city.
The vote on Councilmember Azari's motion wasi as follows: Yeas: Councilmembers
Azari, Edwards, Horak, Kirkpatrick, Maxey and Winokur. Nays: None.
THE MOTION CARRIED.
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September 17, 1991 '
Resolution 91-124 Approving the
Extension of the Professional Services Agreement
with Price Waterhouse to Include the 1991 Audit, Adopted
The following is staff's memorandum on this item.
"FINANCIAL IMPACT
Under the terms of the contract with Price Waterhouse, the City has the option
to renew for the 1991 audit for a fee of $40,700.
EXECUTIVE SUMMARY
Article II, Section 17 of the City's Charter requires the City Council to provide
for an independent audit of the City's books and accounts on,an annual basis.
For the past three years, Price Waterhouse (PW) has performed the City's audit.
Under the terms of the contract with PW, the City has an annual option to renew
the contract until the completion of the 1992 audit. The option to renew must
be exercised by notifying PW in writing on or before September 30 of each year.
The Finance Committee has requested that Council approve the extension of the
audit contract through a Resolution and that any discussions regarding the audit I
take place at an open Council meeting.
At the February 19, 1991, meeting, Council approved modifications to the
Professional Services Agreement with PW to include several performance auditing
procedures. The results of these additional procedures were included in a report
with the 1990 Management Letter previously sent to Council by PW. Prior to
issuance of the report, the Finance Committee discussed the audit findings with
representatives of PW at a Finance Committee meeting.
Prior to the start of the 1991 audit, the Finance Committee plans to outline
similar procedures to be covered. If Council elects to continue the audit
contract with PW, the planning meeting and commencement of the audit is expected
to begin prior to the end of the year. If Council elects not to continue the
contract, City Purchasing Procedures must be followed to select a new audit firm.
It is anticipated that the selection process would take until the end of 1991
to complete."
Councilmember Horak made a motion, seconded by Councilmember Edwards, to adopt
Resolution 91-124.
Mike Riddy, partner with Price Waterhouse, spoke of the firms' recommendations
and of the terms extending the Professional -Services Agreement. '
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September 17, 1991
The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Horak, Kirkpatrick, Maxey and Winokur. Nays: None.
THE MOTION CARRIED.
Items Related to the East Side/West
Side Neighborhoods Rezoning Project, Adopted as Amended
The following is staff's memorandum on this item.
"EXECUTIVE SUMMARY
A. Resolution 91-126 Setting Forth Findings and Determinations Regarding the
East Side/West Side Rezoning Project.
B. Hearing and First Reading of Ordinance No. 110, 1991, Amending Chapter 29
of the Code Relating to the R-M, R-H, B-L and B-G Zoning Districts.
C. Hearing and First Reading of Ordinance No. 111, 1991, Amending Chapter 29
of the Code by the Addition of Four New Zoning Districts to be Known as
the N-C-L, N-C-M, N-C-B and C-L Zoning Districts.
D. Hearing
and
First Reading of
Ordinance No. 112, 1991, Amending Chapter 29
of the
Code
by the Addition
of a New Subdivision "G" to Division 4 of
Article
III
Pertaining to Site Plan Design Supplemental Review.
E. Hearing and First Reading of Ordinance No. 113, 1991, Amending the Zoning
District Map of the City.
The EAST SIDE and WEST SIDE NEIGHBORHOOD PLANS establish specific land use
policies for their respective areas of the city. The major goals of the rezoning
project were: (1) to develop zoning regulations to preserve the residential
character of the neighborhoods; and (2) to protect the neighborhoods against
incompatible land uses which could locate internally and/or along the periphery
of the neighborhoods and have negative impacts and influences within them.)"
Chief Planner Ken Waido gave a description of the rezonings and spoke of the
history of the proposal and the public process used.
Councilmember Maxey made a motion, seconded by Councilmember Edwards, to adopt
Resolution 91-126.
The vote on Councilmember Maxey's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Horak, Kirkpatrick, Maxey and Winokur. Nays: None.
THE MOTION CARRIED.
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September 17, 1991 '
Councilmember Edwards made a motion, seconded by Councilmember Horak, to adopt
Ordinance No. 110, 1991.
The vote on Councilmember Edwards' motion was as follows: Yeas: Councilmembers
Azari, Edwards, Horak, Kirkpatrick, Maxey and Winokur. Nays: None.
THE MOTION CARRIED.
Councilmember Maxey made a motion, seconded by Councilmember Azari, to adopt
Ordinance No. 111, 1991.
The vote on Councilmember Maxey's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Horak, Kirkpatrick, Maxey and Winokur. Nays: None.
THE MOTION CARRIED.
Councilmember Edwards made a motion, seconded by Councilmember Maxey, to adopt
Ordinance No. 112, 1991.
The vote on Councilmember Edwards' motion was as follows: Yeas: Councilmembers
Azari, Edwards, Horak, Kirkpatrick, Maxey and Winokur. Nays: None.
THE MOTION CARRIED. ,
Councilmember Horak made a motion, seconded by Councilmember Maxey, to adopt
Ordinance No. 113, 1991.
Councilmember Horak made a motion, seconded by Councilmember Maxey, amending
Ordinance No. 113, 1991 amending the 400 block of Oak Street to maintain the
general business zoning on the cross hatched area with limitation of uses and
to rezone from B-G to N-C-B.
Joe Bastian, 428 West Oak Street, supported the amendment.
Frank Ulrich, Ulrich Blueprint, spoke in support of the amendment.
Don Richmond, 420 West Oak, spoke in support of moving the boundary and supported
the amendment.
City Attorney Steve Roy clarified that spot zoning did not apply to this
amendment.
The vote on Councilmember Horak's motion to amend was as follows: Yeas:
Councilmembers Azari, Edwards, Horak, Kirkpatrick, Maxey and Winokur. Nays:
None.
THE MOTION CARRIED.
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Councilmember Azari made a motion, seconded by Councilmember Edwards, amending
Ordinance No. 113, 1991 deleting Section 2 until the Planning and Zoning Board
has an opportunity to offer an opinion regarding the use of C-L zoning instead
of B-G zoning for the Riverside area, and to leave a hole in the map in the area
designated as B-G.
Larry Stroud, representing Flatiron Companies properties, urged Council to direct
Planning and Zoning to reconsider zoning the area C-L.
Darrell Blagg, 937 Riverside, concurred with Mr. Stroud.
The vote on Councilmember Azari's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Horak, Kirkpatrick, Maxey and Winokur. Nays: None.
THE MOTION CARRIED.
Ron Steinbach, 1345 West Mountain Avenue, representing the City Park Neighborhood
Association, complimented staff on the process.
The vote on Councilmember Horak's motion to adopt Ordinance No. 113, 1991 as
amended on First Reading was as follows: Yeas: Councilmembers Azari, Edwards,
Horak, Kirkpatrick, Maxey and Winokur. Nays: None.
' THE MOTION CARRIED.
Items Pertaining to Foreclosure of Certificates of Purchase
and Special Improvement Districts, Postponed Until October 15
The following is staff's memorandum on this item.
"EXECUTIVE SUMMARY
A. Resolution 91-125 Authorizing the Foreclosure of Certificates of Purchase
B. Hearing and First Reading of Ordinance No. 109, 1991, Amending Chapter 22
of the Code Pertaining to Special Improvement Districts.
The proposed resolution and ordinance are presented for Counci7's consideration
to clarify and expedite the process for collecting assessments in special
improvement districts and, in particular, to facilitate the foreclosure of
assessment liens when property owners fail to pay their assessments in a timely
fashion. The resolution would specifically authorize the commencement of a civil
action to foreclose the certificates of purchase which the City presently holds.
The ordinance would make several changes to the provisions of the City Code,
including: (1) clarifying that penalty interest is paid in addition to ordinary
interest; (2) providing an alternative method for foreclosing an assessment lien,
' in addition to that which is utilized for general taxes; (3) describing in detail
the process for acquiring certificates of purchase and selling the certificates
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September 17, 1991 '
or the underlying property; (4) providing for the disposition of the proceeds
of sale; (5) empowering the City to retain certain properties rather than selling
them; and (6) validating all sales of property or certificates of purchase when
they have been sold for fair market value.
BACKGROUND:
The City presently holds approximately $7.2 million dollars' worth of
certificates of purchase representing the sale of properties in nine special
improvement districts. Two items are being proposed for Council's consideration
to better define and expedite the process for enforcing the City's special
assessment liens.
The proposed resolution would authorize the commencement of court actions to
foreclose certain certificates of purchase presently held by the City or which
may be subsequently acquired by the City. It would also authorize the use of
a previously established reserve fund to pay all costs and fees associated with
the enforcement of the City's assessment liens.
The proposed ordinance would result in several changes to the provisions of the
City Code pertaining to the collection of assessments and the foreclosure of the
City's assessment liens. Generally, several provisions of the state statutes
have been incorporated into the Code (with certain modifications) and various I
powers of the City's Financial Officer have been clarified and made explicit.
In particular, the following changes are proposed:
1. Section 22-95(c) of the Code would be amended to clarify that
the penalty interest which is imposed upon delinquent
installments is in addition to the ordinary interest
established in the assessing ordinance. This additional
language would reflect the current practice of the City and
county.
2. Section 22-97 of the Code, pertaining to the sale of property
for default, would be amended in the following respects:
Language would be added to this section in subparagraph
(a) to clarify that no specific authorization by the
Council is necessary for the City's Financial Officer
to acquire a certificate of purchase for delinquent
property when there is no bid for the property at the
County Treasurer's sale and the property is stricken off
to the City as required by law.
A new subparagraph (b) would be added to this section
to empower the City to utilize a different statutory
procedure for foreclosing its assessment liens, namely, '
the same procedure which is available under state
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September 17, 1991
statutes for the foreclosure of mortgages, deeds of
trust and other liens.
Subparagraph (c) would authorize the Financial Officer
to assign to third parties any certificates of purchase
held by the City. (This authority already exists under
the present wording of the Code, but the enabling
language would be reworded and moved to this new
subparagraph.)
Subparagraph (d) would set forth the City's right to
apply for deeds on certificates of purchase which the
City holds and would specifically empower the Financial
Officer to pay from the General Fund of the City all
general taxes and related fees and costs which may have
become due on such property.
Subparagraph (e) would authorize the City to sell any
property which it may obtain through the foreclosure of
its assessment liens; such sales could be held in any
manner that the City Council deemed appropriate.
' Subparagraph (f) would incorporate the City's authority
under state statutes to foreclose any certificates of
purchase that it may hold; it would also specifically
state that the City may obtain title to such property
after the expiration of such periods of redemption as
are set forth in the provisions of the state statutes
which pertain to the foreclosure of mortgages, deeds of
trust and other liens. (Generally, these periods of
redemption are 75 days from the date of the court order
in the case of non-agricultural property and six months
from the date of court order in the case of agricultural
property.)
Subparagraph (g) would spell out the manner in which the
proceeds of any sale of property would be applied.
First, the City would reimburse itself for all expenses
incurred in securing title to the property. Next, the
proceeds would be credited to the fund created for the
payment of assessments. In the event that the amount
credited exceeds the amount needed to retire the
district bonds, the City would be entitled to transfer
any such excess either into'its Surplus and Deficiency
Fund or to its General Fund.
' Subparagraph (h) would specifically empower the City to
retain properties rather than selling them, so long as
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September 17, 1991 '
the City first deposits into the appropriate special
assessment fund an amount equal to the remaining
principal balance of the assessment, together with all
interest and penalties accrued thereon.
Subparagraph (i) would expressly validate all sales of
property or certificates of purchase when such
certificates of purchase or property have been sold for
fair market value."
Finance Director Alan Krcmarik gave a presentation on this item and explained
the use and purpose of SID's.
Lucia Liley, attorney representing business and property owners potentially
impacted by the proposal, spoke of due process and notice issues and redemption
periods.
Ward Fischer, attorney representing First Interstate Bank, spoke in opposition
to this item.
Councilmember Edwards made a motion, seconded by Councilmember Azari, to table
discussion of these items until the October 15, 1991 meeting.
The vote on Councilmember Edwards' motion to table was as follows: Yeas: '
Councilmembers Azari, Edwards, Horak, Kirkpatrick and Maxey. Nays:
Councilmember Winokur.
THE MOTION CARRIED.
Other Business
Councilmember Winokur made a motion, seconded by Councilmember Horak, to adopt
Resolution 91-127 of the Council of the City of Fort Collins Directing the Mayor
and Mayor Pro Tem to Renegotiate Contracts With the City Manager and City
Attorney Directing the Mayor and Mayor Pro Tem to Renegotiate the Contracts of
Employment With the City Manager and City Attorney.
The vote on Councilmember Winokur's motion was as follows: Yeas:
Councilmembers Azari, Horak, Kirkpatrick, Maxey and Winokur. Nays:
Councilmember Edwards.
THE MOTION CARRIED.
Councilmember Winokur made a motion, seconded by Councilmember Horak, directing
staff and the Health and Safety Committee to investigate the possibility of the
mandatory use of bicycle helmets.
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September 17, 1991
City Manager Steve Burkett suggested Councilmember Winokur direct staff to
prepare a two page memo outlining the issues and direction of how to proceed.
Bruce Lockhart, 2500 E. Harmony Road, opposed a mandatory helmet law.
Councilmember Edwards reported he received an inquiry about the status of the
SouthRidge issue and requested an estimated time to expect a closure on the
item.
Adjournment
The meeting adjourned at 10:45 p.m.
Mayor c
ATTEST:
City Cler
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