HomeMy WebLinkAboutMINUTES-10/15/1991-Regular1.
October 15, 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
October 15, 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, Kirkpatrick, Maxey and Winokur.
Councilmembers Absent: Councilmember Fromme and Councilmember Horak.
Citizen Participation
Al Bacilli, 520 Galaxy Court, opposed the vendor's fees.
Ruth Rutherford, member of the Landmark Preservation Committee, spoke of the
Landmark Preservation Committee's need for additional staff.
Agenda Review
City Manager Steve Burkett stated there were no changes to the agenda as
published.
Consent Calander
This Calendar is intended to allow the City Council to spend its time and energy
on the important items on a lengthy agenda. Staff recommends approval of the
Consent Calendar. Anyone may request an item on this calendar to be "pulled"
off the Consent Calendar and considered separately. Agenda items pulled from
the Consent Calendar will be considered separately under Agenda Item #15, Pulled
Consent Items.
0
7.
Consider approval of the minutes of the regular meeting of August 20.
The federal industrial wastewater pretreatment regulations were amended
by the Environmental Protection Agency on July 24, 1990. One of the
requirements of the amendments is that cities. with an industrial
pretreatment program must develop and implement a detailed enforcement
compliance plan for dealing with violations of pretreatment requirements.
The plan must include various levels of response to noncompliance based
on the frequency or seriousness of the incident, and must specify who will
take enforcement action and the time frame in which action will be taken.
424
VE
10.
October 15, 1991 '
Staff has developed an enforcement plan to comply with the new regulation.
This ordinance, which was unanimously adopted on First Reading on October
1, amends the Code to comply with the EPA requirement.
Second Reading of Ordinance No. 115, 1991 Appropriating Prior Year Reserves
in the General Employees' Retirement Fund.
The City's actuary, William M. Mercer, Inc. suggested that it would
increase efficiency and reduce future costs to the General Employees
Retirement Fund to pay a lump -sum benefit to terminated employees whose
future benefit was projected to be less than $100 per month. This action
will reduce the number of small monthly payments that would have to be made
in the future. In July of 1990 the Council adopted an ordinance amending
the plan to allow this type of retirement benefit option .for all present
and future retirees and their beneficiaries. This Ordinance was
unanimously adopted on First Reading October 1.
This Ordinance, which was unanimously adopted on First Reading on October
1, vacates the old frontage road right-of-way on the west side of South
College Avenue adjacent to Foothills Chrysler, located north of Colboard '
Drive and south of Furr's Cafeteria. The right-of-way was dedicated by
the College Motors P.U.D. which has recently been redeveloped as the
Moreland Subdivision. The frontage road right-of-way is no longer needed
since the City no longer plans for a frontage road in this location. In
lieu of a frontage road, access easements have been dedicated on the
properties between Creger Drive and Colboard Drive (Furr's and Foothills
Chrysler) to provide traffic circulation between the properties. However,
portions of the frontage road right-of-way are proposed to be retained for
utility and access easements, and South College Avenue right-of-way.
Involved property owners have no objections.
This is a Development Services staff -initiated request to amend certain
sections of the Zoning Code. These changes are considered to be minor
and/or "housekeeping" in nature. Some of the proposed amendments are
necessary due to previous revisions of the Code or situations presently
not addressed which have recently come to the attention of staff. Other
amendments are intended to add clarification to the Code in order to
facilitate interpretation and enforcement.
425 '
12.
October 15, 1991
Ordinance No. 85, 1991 adopted by City Council on July 16, 1991 amended
various chapters of the City Code including Section 26-495 entitled "Duties
of Storm Drainage Board". Revision were made to reflect current duties
of the Storm Drainage Board in the area of advising Council on technical
and policy matters relating to stormwater management and designating the
Storm Drainage Board as the Hearing Board for variances to the City's
"Storm Drainage Design Criteria and Construction Standards." Section 2,
Division 30 of the Code relates to the Storm Drainage Board and
specifically Section 2-413 identifies the same duties of the Storm Drainage
Board as shown in Section 26-495. This ordinance will revise Section 2-
413 and make the two sections of the Code consistent.
On October 16, 1981, the City entered into a Reimbursement Agreement with
Tri-Trend, Inc. for the reimbursement of a portion of a 16-inch water line
in west Horsetooth Road from South Shields Street to Dunbar Avenue.
To date, approximately twelve and one half percent (12.5%) of the repay
has been collected and refunded to Tri-Trend, Inc. The Reimbursement
Agreement is due to expire on October 16, 1991, unless extended. Tri-
' Trend, Inc. has made application pursuant to Section 26-372(e) of the City
Code for the extension of the Agreement for an additional 10 year period.
The Resolution authorizes the Mayor to enter into a new Reimbursement
Agreement extending the Original Reimbursement Agreement until October 16,
2001, provided that the new Reimbursement Agreement is upon such terms and
conditions as are acceptable to the City Manager and City Attorney.
13.
A vacancy currently exists on the Golf Board due to the resignation of
Terence Gilmore. Applications were solicited in August and September and
Councilmembers Edwards and Maxey conducted interviews in September and
October.
Councilmembers Edwards and Maxey are recommending that James Doyle be
appointed to fill the vacant term which expires July 1, 1993.
A vacancy also exists on the Landmark Preservation Commission due to the
resignation of Prescott Handley. Counci I members' Maxey and Edwards reviewed
the applications on file and are recommending that Brian Janonis be
appointed to fill the term which expires July'1, 1992.
426
October 15, 1991 '
14. Routine Deeds and Easements.
a. Powerline easement from Kirke L. Martin, 1815 W. Mulberry (Map #1),
needed to install electric oval vault. Monetary consideration: $48.
(4' x 8' @ $1.50/sq. ft.).
Ordinances on Second Reading were read by title by Wanda Krajicek, City Clerk.
Item #7.
Item #8
Item #9.
Item #26.
Second Reading of Ordinance No. 115, 1991 Appropriating Prior Year
Reserves in the General Employees' Retirement Fund.
Ordinances on First Reading were read by title by Wanda Krajicek, City Clerk. '
Item #10, Hearing and First Reading of Ordinance No. 117, 1991 Amending Chapter
Item #11.
9
Councilmember Winokur made a motion, seconded by Councilmember Azari, to adopt
and approve all items not removed from the Consent Calendar. Yeas:
Councilmembers Azari, Edwards, Kirkpatrick, Maxey and Winokur. Nays: None.
THE MOTION CARRIED.
Staff Reports
City Manager Steve Burkett introduced the new Development Services Director Greg
Byrne.
Councilmember Reports
Councilmember Maxey reported he had attend a National League of City's
Transportation/Communications Steering Committee meeting stated a policy
recommendation would be coming regarding the issue of Cable TV franchises. ,
427
October 15, 1991
Mayor Kirkpatrick stated she had attended the Colorado Municipal League retreat
and reported the Executive Board will be considering a policy statement regarding
burning hazardous materials in cement kilns. She reported the Executive Board
of the Colorado Municipal League supported the resolution.
Ordinance No. 113, 1991,
Amending the Zoning District
Map of the City. Adopted as Amended.
The following is staff's memorandum on this item.
"EXECUTIVE SUMMARY
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. On
September 17, Council unanimously adopted Resolution 91-126 Setting Forth
Findings and Determinations Regarding the East Side/West Side Rezoning Project.
On October 1, Council unanimously adopted Ordinance No. 110, 1991, Amending
' Chapter 29 of the Code Relating to the R-M, R-H, B-L and B-G Zoning Districts;
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; and 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. Second Reading of Ordinance No. 113, 1991 was
delayed to this date so that new zoning districts would be in effect prior to
the adoption of the zoning district map.
Ordinance No. 113, 1991, was amended on First Reading on September 17 to delete
the proposed B-G, General Business, zoning for the Riverside Shopping Center
area, and to make zoning district boundary changes in the "400 Block" of West
Oak Street. The Flatiron Companies, a property owner in the Riverside Shopping
Center area, submitted a request to place the area into the C-L, Limited
Commercial, zone. The Council referred the request back to the Planning and
Zoning Board for review and comment. The Board will review the request at their
regular monthly meeting on October 21. The Council will again consider the
request at their November 19 meeting. Several' property owners and business
operators in the "400 Block" of West Oak Street submitted a request to make
zoning district boundary changes in the area. The Council amended the zoning
district map to retain the B-G zone, with use conditions, for the east one-half
of the block, and extended the new N-C-B, Neighborhood Conservation Buffer, zone
onto the west one-half of the block (see attached map). Another property owner
428
October 15, 1991 '
has submitted a letter asking Council to reconsider the amendments and to retain
the N-C-M, Neighborhood Conservation Medium Density, zone west of the a77ey
between Me7drum and Sherwood Streets. (copies of all letters are attached.)"
Councilmember Edwards made a motion, seconded by Councilmember Maxey, to adopt
Ordinance No. 113, 1991 on Second Reading.
Chief Planner Ken Waido gave a presentation on this item outlining the amendments
to the map that were made on First Reading. He summarized correspondence
received since the previous meeting.
Susan Hooley, 123 South Sherwood, presented a letter containing signatures
residents who would be affected and spoke of neighborhood concerns regarding the
rezoning.
Timothy Carney, 221 South Sherwood, and spoke in support of the original buffer
designation stating he would like to see one consistent zoning standard.
John Huisjen, attorney representing Randy and Tom Milan, owners of Import Auto
Sales located at 407 Riverside Avenue, spoke of the impact the rezoning would
have on presently existing businesses in the area. Due to the substantial impact
the C-L zone would have, he requested that the C-Zone remain on Riverside until
the impact is known. '
Randy Milan, 2100 Clydesdale, property owner of 407 Riverside, opposed the
rezoning and stated when he purchased the property it was zoned for commercial
use and the rezoning would drastically reduce the price of his property.
Gerald Benson, owner of the property at 835 Riverside, concurred with Mr. Milan.
Debra Hilgendorf, 2100 Clydesdale Drive, submitted a petition to Council
regarding the rezoning.
Paul Reese, 123 South Sherwood Street, spoke in support of the Planning and
Zoning Boards original recommendation for the 400 block of West Oak.
Carley Williams, 209 S. Sherwood, opposed the change in zoning.
Julie Katzenberger, 508 W. Oak, opposed the rezoning and urged Council to adopt
the original plan.
Bruce Lockhart, 2500 E. Harmony Road, spoke in opposition to downzoning on
Riverside stating Council is imposing a considerable financial loss for the
property owners as well as reducing the City's tax base.
Dan George, 425 West Mountain, supported the N-C-B zoning for the 400 Block of
West oak and spoke in favor of the neighborhood businesses. '
429
1
October 15, 1991
Councilmember Edwards made a motion, seconded by Councilmember Winokur, amending
Ordinance No. 113, 1991 to read "the area west of the alley, south of Mountain
Avenue and north of Olive Street be zoned N-C-M." cpYrectio vi
OPPOsi ti Gv -tc 7
Joe Bastian, 428 West Oak Street, spoke in--sa a--t=o€ the amendment. Sept• I j 1992
Hub Ulrich, owner of Ulrich Blueprinting, supported the amendment and stated that Qv�^
businesses in the neighborhood are better maintained than the rental properties.
Timothy Carney, 221 South Sherwood, spoke in support of the amendment.
Susan Hooley, 123 South Sherwood, supported the amendment.
The vote on Councilmember Edwards' motion to amend Ordinance No. 113 was as
follows: Yeas: Councilmembers Edwards, Kirkpatrick and Winokur. Nays:
Councilmember Azari and Councilmember Maxey.
THE MOTION CARRIED.
Councilmember Maxey made a motion amending Ordinance No. 113, 1991 to change
the zoning on Riverside Avenue from C-L to C.
MOTION DIED DUE TO LACK OF A SECOND.
The vote on Councilmember Edwards' motion to adopt Ordinance No. 113, 1991 as
amended was as follows: Yeas: Councilmembers Azari, Edwards, Kirkpatrick, Maxey
and Winokur. Nays: None.
THE MOTION CARRIED.
Appeal of the August 26, 1991
Final Decision of the Planning
and Zoning Board Approving the
The following is staff's memorandum on this item.
"EXECUTIVE SUMMARY
On August 26, 1991 the Planning and Zoning Board voted 7-0 to approve the Laurie
Subdivision PUD, Preliminary Plan.
On September 9, 1991, an appeal of that final decision was made by Ginger L.
Hitz.
DESCRIPTION OF PROJECT
The Laurie Subdivision PUD is a preliminary plan consisting of nine single family
430
October 15, 1991 '
lots on 6.4 acres. The site is located west of Shields Street, 112 mile south
of Harmony Road. The site is a portion of the South Shields Veterinary Clinic
PUD Master Plan, which consisted of a veterinary clinic and nine single family
lots.
The proposed PUD plan was evaluated against the "Residential Density Chart" and
the "All Development Chart" of the Land Development Guidance System. The
proposed density of 1.4 DU/acre is supported by the 29% achieved. on the Density
Chart and the Planning and Zoning Board approved the applicant's requested
variance for a density of less than 3 DU/acre, as required in the LDGS.
Planning staff found that the proposed project was in conformance with the
approved South Shields Veterinary Clinic PUD Master Plan. Planning staff also
found that the proposed plan would not conform with LOGS All Development Criteria
#13 and #28 which deal with preservation of significant existing vegetation and
designing the site in favorable relationship to existing topography without
modifications and conditions. On this basis, staff recommended approval with
eight conditions.
In voting to approve this proposal, Planning and Zoning Board members believed
that the applicant had done a good job of integrating the natural area into the
plan. The Planning and Zoning Board voted 7-0 to approve the Laurie Subdivision
PUD, Preliminary Plan with the following conditions: '
1. The language of the proposed conservation easement, including maintenance
be reviewed by City staff during final review.
2. Tree and shrub removal plans be submitted for approval for Lots 8 and 9
prior to the issuance of a building permit.
3. Individual erosion control and revegetation plans be required for Lots 3,
6, 8 and 9 prior to the issuance of a building permit, to ensure adequate
treatment during construction and revegetation with compatible plant
materials. On -site inspection, by City staff, throughout the construction
process will be required, to ensure these plans are adhered to.
4. Rip rap areas be designed to allow revegetation and that detailed plans
for these sites be submitted for approval at the time of final review.
5. Detailed plans and specifications regarding rip rap materials, placement,
size, etc. and other erosion control methods be submitted for final review.
6. A detailed analysis, along with plans and specifications for rip rap
materials, placement, size, etc. and other erosion control methods proposed
to stabilize the ravine be submitted for final review.
7. The applicant redesign the east side of the ravine to no more than 4 lots
and that building sites on Lots 7 and 8 be pulled back further from the '
ravine.
431
c
F,
J
October 15, 1991
THE APPEAL
The appellant has filed the appeal on the following grounds:
The Planning and Zoning Board failed to conduct a fair hearing in that:
1. The Board considered evidence relevant to its findings which was
substantially false or grossly misleading.
These grounds of appeal are valid as set forth in Section 2-48 of the code.
SCOPE OF COUNCIL CONSIDERATION
The issue that Council must resolve in this appeal is as follows:
1. Did the Board fail to conduct a fair hearing by:
a. considering evidence which was substantially false or grossly
misleading?"
City Attorney Steve Roy outlined the appeal process.
Councilmember Maxey made a motion, seconded by Councilmember Azari, to hear the
appeal based on the sufficiency of evidence.
The vote on Councilmember Maxey's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Kirkpatrick, Maxey and Winokur. Nays: None.
THE MOTION CARRIED.
Sherry Albertson -Clark gave a slide presentation and reported on the background
of the appeal. She gave a brief presentation on the conditions adopted by the
Planning and Zoning Board.
Ginger Hitz, appellant residing at 1208 Hepplewhite Court, and speaking on behalf
of other interested parties, spoke of environmental concerns and requested
Council allow more time to explore additional alternatives in attempts to arrive
at a mutually satisfying alternative.
Del Howard, President of the Ridge Homeowners Association, spoke of the appeal
and circumstances surrounding it.
432
October 15, 1991 '
Richard Lee, 1400 Hepplewhite Court, stated the Planning and Zoning Board's
comments regarding Ridge residents were disturbing and urged Council to take a
slower approach.
Nona Thayer, 1827 Michael Lane, expressed concerns regarding the culvert and
possible erosion problems.
Dr. William Musselwhite, opponent and property developer, voiced his position
regarding the property development and addressed the appellant's concerns
regarding environmental impact.
Ginger Hitz, 1208 Hepplewhite Court, stated she believed the testimony was new
evidence and expressed concerns that traffic would be dangerous for the children
in the area. She, requested more time to address the situation. She disagreed
with the statement concerning public access to the private or open space
recounting that Dr. Musselwhite said trespassers would be prosecuted if they
accessed the property.
Dr. William Musselwhite stated he spoke to 4 of the 7 Ridge Homeowner's
Association members and that he did not meet with the Board formally due to the
aggression he and his attorney had encountered. He stated negotiations have
commenced.
Sherry Albertson -Clark outlined the format for the final hearing held by the '
Planning and Zoning Board and clarified the culvert, private driveway, and the
open space in the ravine area would be maintained by the Homeowner's Association.
Councilmember Edwards made a motion, seconded by Councilmember Azari, to uphold
the August 26 decision of the Planning and Zoning Board.
The vote on Councilmember Edwards' motion was as follows: Yeas: Councilmembers
Azari, Edwards, Kirkpatrick, Maxey and Winokur. Nays: None.
THE MOTION CARRIED.
Resolution 91-134 Establishing a
Council Public Access Committee
and a Conceptual Frame Work for
Issues Relating to Public Access
to Data Base Information and Cost
Recovery of Public Information Systems, Adopted
The following is staff's memorandum on this item.
"EXECUTIVE SUMMARY
Computerized systems and data bases have become an integral part of many City ,
departments. However, this expanding use of inew technology is also raising
433
I
October 15, 1991
questions regarding traditional definitions of public information and open
records.
The intent of Colorado Open Records Statutes is to provide citizens with access
to public information "in a form which is reasonably accessible and which does
not alter the contents of the information". Such access ensures that citizens
are able to review the processes of their government and, thus, guarantees
governmental accountability. The statutes do not intend unlimited access to
public databases or that data base custodians should put aside their primary
duties to respond to requests for specialized or customized data. This is
especially true in light of the fact that digital database information can be
manipulated to produce new information that did not exist before the request.
Other areas of uncertainty include recovery of costs associated with public
information systems, the role of local government in the collection and
organization of information, the sale of internally -developed systems and
software, the management of information as a corporate asset, and the distinction
between "public records" and "electronic products and services". The potential
exists for the City to develop what may be called an "Information Utility",
similar to a water or electric utility but few, if any, models exist.
City Council and City staff have a desire to work with citizens and other groups
to explore
these emerging legal and social issues and to formulate appropriate
'
policies and guidelines. A Council committee could work closely with staff
toward the
following initial objectives:
1.
Enhance the amount and quality of information available to citizens
in new and innovative ways.
2.
Establish policies and procedures relating to information
availability and dissemination.
3.
Distinguish between "public records" and "electronic products and
services"; and formulate reasonable fee schedules relating to
electronic products and services.
4.
Work with other concerned groups to clarify Colorado Open Records
Statutes as the statutes relate to electronic data base information
or introduce new legislation as appropriate.
This Resolution directly supports two items'on the Council workplan:
*
Improve City information access to citizens through the use of
technology -- enhance intergovernmental networks, and
*
Enhance communications with citizens via technology. -- enterprise
'
account for information user network."
434
October 15, 1991 '
Utilities Director Rich Shannon gave a presentation on this item and clarified
the work to be performed would involve one meeting per month for an undefined
period of time.
Councilmember Azari stated she was interested in serving on a work group that
would deliver recommended policy direction back to Council.
Councilmember Maxey made a motion, seconded by Councilmember Edwards, to adopt
Resolution 91-134 inserting the names of Councilmember Azari and Councilmember
Winokur.
The vote on Councilmember Maxey's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Kirkpatrick, Maxey and Winokur. Nays: None.
THE MOTION CARRIED.
Resolution 91-135 of the
Fort Collins City Council
Establishing a Policy on
Corporate Memberships in Outside
Organizations, Postponed Until November 19
The following is staff's memorandum on this item. '
"EXECUTIVE SUMMARY
The 1991-1993 Council work plan includes an item related to City membership in
outside organizations. This Resolution makes these membership decisions a matter
of policy for the Fort Collins City Council, defines what is a corporate
membership and specifically identifies those corporate memberships which the City
of Fort Collins will hold.
The policy established by this Resolution will not apply to agencies or
organizations.that enter into contracts for services with the City.
The Resolution also allows additional corporate memberships to be purchased,
provided Council is notified in writing by the City Manager of the intent to
purchase such a membership prior to doing so; this process would afford the
Council an opportunity to direct that a particular membership not be pursued if
it is not consistent with Council direction.
The City's memberships in these
organizations is
not to be construed as a
donation. Staff believes that'
each organization
provides information or
opportunities which enable the City
to better meet
the needs of its citizens.
The attached memo identifies the
public purpose of
each organization listed in
the resolution as well as provides
information on the
annual cost of membership."
1
435
October 15, 1991
Councilmember Maxey made a motion, seconded by Councilmember Azari, to adopt
Resolution 91-35.
Assistant to the City Manager Julia Novak gave a presentation on this item and
answered Council questions regarding other organizations that various
municipalities hold memberships in.
Bruce Lockhart, 2500 E. Harmony Road, opposed memberships in outside
organizations and spoke of his concerns that membership dues would be used to
fund lobbyists.
Joe Carroll, President of Fort Collins Area Chamber of Commerce, encouraged
Council to continue partnerships with organizations within the City and spoke
of the Chamber's position regarding funding for lobbyists. .
Al Baccili, 520 Galaxy Court, opposed the resolution and stated taxpayer's money
should not be used to fund for profit organizations.
Mike Hauser, Executive Director of the Fort Collins Area Chamber of Commerce,
clarified the Chamber is a non-profit organization.
Mayor Kirkpatrick requested a postponement of the item until the November 19
meeting due to two Councilmembers being absent.
Councilmember Winokur made a motion, seconded by Councilmember Edwards, to
postpone consideration of Resolution 91-135 to the November 19 meeting.
The vote on Councilmember Winokur's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Kirkpatrick and Winokur. Nays: Councilmember Maxey.
THE MOTION CARRIED.
Resolution 91-136•
of the Fort Collins City
Council Establishing a Policy on the
Distribution of Information to Council. Adopted
The following is staff' s' memorandum on this item.
"EXECUTIVE SUMMARY
As part of Resolution 91-99 establishing the Council Work Plan from 1991-1993,
Council directed staff to bring forward for Council consideration a policy on
436
October 15, 1991 ,
the distribution of non-public information. This Resolution accomplishes that
direction.
BACKGROUND:
The issue of the distribution of memoranda and correspondence to Council that
is administratively classified as "non-public" has been a point of concern for
some Councilmembers. During discussions of the 1991-1993 Council Work Plan, this
issue was to be ultimately resolved by providing specific direction to staff via
a Council policy on what types of information may or may not be included in the
various categories of information.
This Resolution establishes three specific categories for distributing
information to the City Council. The classification system is merely a signal
for administrative staff as to whether to place information in the public
inspection basket or not. The -three categories identified in the Resolution are:
No classification - this encompasses the bulk of information which the
Council receives, and confirms that the Fort Collins Cite Council is
committed to open government and making as much information as is practical
available for public inspection. A71 documents which are not classified
to the contrary are placed in the public inspection basket in the City
Manager's Office. '
Confidential - the "Confidential" category applies to information which
is required or permitted to be kept confidential by State law, such as
memos from the City Attorney's Office or outside counsel giving Legal
advice; contents of employees personnel files, except applications and
performance ratings; and trade secrets, confidential commercial and
financial data.
3. Non -Public Information - this category would include only preliminary and
draft reports and memos, briefing papers and other kinds of "predecisional"
memos which offer ideas or suggestions to Council which may or may not
actually be pursued; as well as personal or sensitive information which
is provided to Councilmembers by members of the public in an effort to
receive help from Councilmembers; and correspondence from members of the
public or parties with whom the City is negotiating.
The reason for this policy is to clarify the procedures for distributing
information to the Council. Generally, staff feels that the use of the "Non-
public" category:
- Protects privacy interests of citizens;
- Facilitates successful resolution of sensitive negotiations;
- Encourages the free exchange of ideas between staff and the
Council, where staff is free to test "trial balloons";
- Still provides Councilmembers the option of disclosure of any '
437
11
October 15, 1991
non -confidential information they feel should be shared with
any member of the public;
Avoids unnecessary and overuse of the confidential category;
Provides early notice to Council and reduces surprises."
Councilmember Edwards made a motion, seconded by Councilmember Maxey, to adopt
Resolution 91-136.
Assistant to the City Manager Julia Novak gave a presentation on this item
explaining the three categories.
City Attorney Steve Roy explained the term "confidential information" as it
appears in the City Code and State Statutes.
Bruce Lockhart, 2500 E. Harmony Road, spoke in opposition of the category "non-
public information".
Councilmember Winokur made a motion to delete the third paragraph, "Non -Public
Information", in the NOWTHEREFORE clause.
THE MOTION DIED DUE TO A LACK OF A SECOND.
Councilmember Edwards spoke in support of the resolution and noted there are
instances which justify the classification of non-public information.
Mayor Kirkpatrick stated she opposed the resolution with the current language
relating to "non-public information".
The vote on Councilmember Edwards' motion was as follows: Yeas: Councilmembers
Azari, Edwards and Maxey. Nays: Mayor Kirkpatrick and Councilmember Winokur.
THE MOTION CARRIED.
Items Related to Proposed 1992 Budget
Items 31-36 are being presented together in the Consent Calendar format. These
items have been reviewed and discussed at Budget Worksessions and are being
presented in this manner to expedite their adoption. As with the regular
Consent Calendar, any item may be withdrawn for discussion by any member of the
Council, staff or public and will be considered after the balance of the Budget
Consent is adopted.
31.
The City-wide storm drainage operations and maintenance fee will increase
5% from $1.77 to $1.86 per month for the typical single family residence.
438
October 15, 1991 '
The increase in this fee is needed to fund an expansion of activities in
stormwater quality and administrative costs.
Storm drainage basin monthly capital fees will not change in 3 of the 9
basins. The range of percentage increases in the remaining 6 basins is
12 to 32%, or $0.37 to $0.61 per month. These fees are used to purchase
right-of-way, design and construct capital projects, and pay the debt
service on the Stormwater Utility revenue bonds.
32. Hearing and First Reading of Ordinance No. 120, 1991, Amending Chapter 26
of the Code Relating to Rates for the Water and Wastewater Utility.
The recommended 1992 budget includes an overall rate increase of 6.0% in
monthly water fees. This increase is based upon the Utility's
cost -of -service study.
33. Resolution 91-137 Adopting a Revenue Allocation Formula to Define the
City's Contribution to the Poudre Fire Authority Budget for the Year 1992.
Adoption of this resolution will continue the Revenue Allocation Formula
(RAF) in existence since 1983. The RAF will provide a contribution to the
Poudre Fire Authority of $6,256,446 in 1992, an increase of 3.94%. The
1991 contribution totalled $6,019,152. '
34. Resolution 91-138 Adopting Financial and Management Policies Relating to
35.
Financial and Management Policies are used to establish guidelines for the
1992 Annual Budget and long range financial plans —These policies reflect
Council direction and commitment to sound financial planning.
This Ordinance adopts the 1992 Budget for the City of Fort Collins and
sets the mill levy as follows:
General Fund 0 & M.................................1.483
Parks 0 & M.. ........ .............. .. .921
.... . .... ... .
Poudre Fire Authority Contribution .................5.177
Fire Pension Fund (Gen. Fund Unfunded Liab.)....... .136
Parks Debt Service.................................1.080
Poudre Fire Authority..............................1.000
TOTAL 9.797 '
439
1
J
October 15, 1991
36. Items Relating to the 1992 Downtown Development Authority Budget.
A.
UM
The Downtown Development Authority Board of Directors, at its
regular meeting of October 3, 1991, approved the proposed 1992 DDA
budget totalling $197,982 and determined the mill levy necessary to
provide for payment of all properly authorized expenditures
incurred by the District. City staff is recommending the Council
appropriate an additional $39,359, to the budget approved by the DDA
Board, for transfer to the DDA Debt Service Fund. This additional
appropriation would be used to bring the reserves in the debt
service fund to the level required by the provisions pursuant to
which the tax increment bonds were issued. The DDA does not object
to this addition. The proposed 1992 DDA budget of $237,341, would
maintain the present staffing level. No capital expenditures are
anticipated.
This Ordinance appropriates funds for the payment of Downtown
Development Authority debt service for 1992.
Ordinances on First Reading were read by title by Wanda Krajicek, City Clerk.
Item #31.
Item #32.
Wastewater Utility.
Item,#35.
Item #36 A.
440
October 15, 1991
Ordinance No. 119, 1991,
Amending Sections 26-512(3)
and 26-514(3) of the Code of the City
of Fort Collins Relating to the Determination
of Storm Drainage Fees. Adopted on First Reading
The following is staff's memorandum on this item.
"FINANCIAL IMPACT
The City-wide storm drainage operations and maintenance fee will increase 5%
from $1.77 to $1.86 per month for the typical single family residence. The
increase in this fee is needed to fund an expansion of activities in stormwater
quality and administrative costs.
Storm drainage basin monthly capital
The range of percentage increases in
$0.37 to $0.61 per month. These fees
and construct capital projects, and
Utility revenue bonds.
EXECUTIVE SUMMARY
fees will not change in 3 of the 9 basins.
the remaining 6 basins is 12 to 32%, or
are used to purchase right-of-way, design
pay the debt service on the Stormwater
The following table is a comparison
proposed monthly fees for 1992 for the
is a 8,600 square foot lot with 40% of
0&M
BASIN MONTHLY CAPITAL:
Foothills Basin
Fox Meadows Basin
McClelland/Mail Creek Basin
Spring Creek Basin
Canal Importation Basin
Dry Creek Basin
West Vine Basin
Evergreen/Greenbriar Basin
Fossil Creek Basin
of the monthly fees for 1991 and the
typical single family residence, which
impervious surface.
1991 1992
$1.77 $1.86
$2.08
$2.39
3.21
3.58
3.58
3.58
1.91
2.52
3.11
3.58
1.70
1.96
2.01
2.32
3.58
3.58
3.58
3.58
There are two proposed increases in basin new development fees in
to ensure that development is paying its fair share and to cover
of right-of-way and capital project construction. The base rate
Importation Basin is proposed to increase 4% from.$5,375 per acre
441
1992 in order
higher costs
for the Canal
to $5,590 per
11
' October 15, 1991
acre; and, the base rate for the Spring Creek Basin is proposed to increase 5%
from $1,610 per acre to $1,691 per acre.
The following is the basin new development fee per acre for 1991 and 1992:
1991 1992
Foothills Basin -$5,024 $5,024
Fox Meadows Basin 4,253 4,253
McClelland/Mail Creek Basin 3,232 3,232
Spring Creek Basin 1,610 1,691
Canal Importation Basin 5,375 5,590
Dry Creek Basin 4,043 4,043
West Vine Basin 7,004 7,004
Evergreen/6reenbriar Basin 10,000 10,000
Fossil Creek Basin 2,274 2,274
By separate letter, the Storm Drainage Board has recommended approval of the
1992 budget and the fee increases as mentioned."
Manager of Stormwater Utility Bob Smith gave a presentation on this item.
Councilmember Edwards made a motion, seconded by Councilmember Maxey, to adopt
Ordinance No. 119, 1991 on First Reading.
Smith stated the project would initiate a program that would detect non-
stormwater sources in the system.
The vote on Councilmember Edwards' motion was as follows: Yeas: Councilmembers
Azari, Edwards, Kirkpatrick, Maxey and Winokur. Nays: None.
THE MOTION CARRIED.
Ordinance No. 120, 1991,
Amending Chapter 26 of the Code
Relating to Rates for the Water and
Wastewater Utility. Adopted on First Reading
j The following is staff's memorandum on this item.
"FINANCIAL IMPACT
The proposed ordinance increases the water rates by 6.0% and the wastewater
rates by 6.0% for 1992.
442
October 15, 1991 ,
EXECUTIVE SUMMARY
The recommended 1992 budget includes an overall rate increase of 6.0% in monthly
water fees. This increase is based upon the Utility's cost -of -service study.
In January, 1991, non -metered water fees were increased by 6.0%. In June, 1991,
the City's non -metered water rate was adjusted to more accurately reflect the
cost of providing water service to customers who are not metered. The adjustment
resulted in increases for some customers and decreases for others, depending on
the lot size. The proposed rate change would increase the non -metered monthly
water bill for an average customer (lot area of 8600 sq. ft.) from $25.16 to
$26.70 an increase of $1.54. The metered rate will also be increased by 6%.
The recommended 1992 budget also includes an overall rate increase of 6.0% in
monthly wastewater fees. This increase is based upon the Utility's
cost -of -service study.
The last adjustment to wastewater service fees was on January 1, 1991, when an
overall increase of 9.48% was adopted. The proposed increase in flat rate
wastewater fees will raise the monthly wastewater bill for a typical single
Family customer by $0.77 (from $12.78 to $13.55)."
Water and Sewer Director Mike Smith gave a presentation on this item and noted I
increases are based primarily on anticipated capital expenditures over
subsequent years.
Councilmember Edwards made a motion, seconded by Councilmember Azari, to adopt
Ordinance No. 120, 1991 on First Reading.
The vote on Councilmember Edwards' motion was as follows: Yeas: Councilmembers
Azari, Edwards, Kirkpatrick, Maxey and Winokur. Nays: None.
THE MOTION CARRIED.
Resolution 91-137 Adopting a Revenue
Allocation Formula to Define the City's
Contribution to the Poudre Fire
Authority Budget for the Year 1992, Adopted
The following is staff's memorandum on this item.
"FINANCIAL IMPACT
Adoption of this resolution will continue the Revenue Allocation Formula (RAF)
in existence since 1983. The RAF will provide a contribution to the Poudre Fire
Authority of $6,185,714 in 1992, an increase of 2.77%. The 1991 contribution
totalled $6,019,152. ,
443
' October 15, 1991
EXECUTIVE SUMMARY
In December 1981, the Council entered into an agreement with the Poudre Valley
Fire Protection District, creating the Poudre Fire Authority.
According to the Intergovernmental Agreement between the City of Fort Collins
and the Poudre Valley Fire Protection District, the City will contribute funding
for maintenance and operating costs to the Authority based on a "Revenue
Allocation Formula". The Revenue Allocation Formula is to be set annually based
upon a percentage of sales and use tax revenues (excluding dedicated sales and
use tax revenues that must be spent on specific projects) and a portion of the
operating mill levy of the City's property tax.
With the adoption of this resolution, the City will contribute to the Poudre
Fire Authority in 1992 a sum equal to .303 of one cent of the 2.25 cent sales
and use tax applicable to all taxable sales and uses plus 5.177 mills of the
existing operating property tax levy. The proposed contribution to Poudre Fire
Authority of $6,185,714 will adequately meet the proposed 1992 expenditures as
detailed in its Master Plan."
Budget and Research Director Doug Smith gave a brief overview on this item.
Councilmember Maxey made a motion, seconded by Councilmember Edwards, to adopt
Resolution 91-137.
Councilmember Winokur made a motion, seconded by Councilmember Azari, amending
the last sentence of the Revenue Allocation Formula by inserting after the
phrase "operating mill levy of the City's property taxes to provide for" the
phrase "both capital and equipment and maintenance and operation costs of the
Poudre Fire Authority."
Councilmember Winokur made a motion, seconded by Councilmember Azari, to
postpone consideration of this item until the financial policies and the
proposed mill levy increase items have been considered.
The vote on Councilmember Winokur's motion to postpone was as follows: Yeas:
Councilmembers Azari, Edwards, Kirkpatrick, Maxey and Winokur. Nays: None.
THE MOTION CARRIED.
Resolution 91-138
AdoDtina Financial and Management Policies
The following is staff's memorandum on this item:
' "EXECUTIVE SUMMARY
444
October 15, 1991 ,
Financial and Management Policies are used to establish guidelines for the 1992
Annual Budget and long range financial plans. These policies reflect Council
direction and commitment to sound financial planning.
BACKGROUND
The Financial and Management Policies form the basis for the City of Fort
Collins' Annual Budget. Staff has reviewed the policies and made the following
changes to be incorporated in the 1992 Annual Budget.
Section 1.1 Budget Submittal and Presentation, and Budget Process and Philosophy
Section 1.2(a) Charter Requirements: the residents of Fort Collins, at the April
2, 1991 Municipal Election, approved changing the date at which time the Council
must adopt the budget for the ensuing fiscal year from the last day of October
to the last day of November of each year.
Section 1.3 - Categorization of City Services has been eliminated. Council
adopts goals and a policy work agenda annually that is used as a framework for
addressing issues and needs, making it unnecessary to include it in the annual
budget process.
Section 2.1 - Revenue Review and Projection has been amended to include what was
formerly Section 2.3 - General Fund Fees and Taxes. '
Section 3.3 - Lease -Purchase was amended to clarify and expand upon the City's
use of Lease -Purchase financing for the provision of new and replacement
equipment, vehicles and rolling stock. Specifically, reporting requirements
according to the State of Colorado House Bill 90-1164, and the City's treatment
of lease purchase obligations as they relate to the Debt Policy (Section 7) are
added.
Section 3.4 - Total Compensation Plan has been consolidated with the policies
on Medical Insurance and Retirement Programs (formerly Pension Funds) previously
listed as separate policy sections.
Section 4.2(b) - Water 6 Wastewater Utilities includes redefining reserves to
be maintained and capital cost financing, specifically the categorization of
capital projects.
Section 5.2 - Types of Reserves includes changes in General Fund reserves
terminology. The reserve Designated for Revenue Shortfall is now Designated for
Financial Uncertainty. The reserve Designated for Buildings & Improvements is
now Designated for Facilities Maintenance. A reserve Designated for
Contingencies is added for 1992. This reserve provides for the temporary
financing of unforeseen opportunities or needs of an emergency nature including
increases in service delivery costs."
445
I I
October 15, 1991
Finance Director Alan Krmarik spoke of policy changes and presented a draft of
the Poudre Fire Authority Revenue Allocation Formula summarizing the revisions
to the agreement.
Councilmember Winokur made a motion, seconded by Councilmember Edwards, to adopt
Resolution 91-138.
Bruce Lockhart, 2500 E. Harmony Road, opposed the Recreation Fee Policy.
Councilmember Winokur made a motion, seconded by Councilmember Maxey, to amend
Resolution 91-138 Exhibit A, Section 3.6 regarding Poudre Fire Authority Revenue
Allocation Formula to read "the agreement specifies sources of funding for
operating and maintenance expenses, however, the agreement does not specifically
include an identified source to fund continuing capital equipment needs".
The vote on Councilmember Winokur's motion to amend Resolution 91-138 was as
follows: Yeas: Councilmembers Azari, Edwards, Kirkpatrick, Maxey and Winokur.
Nays: None.
THE MOTION CARRIED.
Councilmember Winokur made a motion, seconded by Councilmember Edwards, amending
' Exhibit A, Section 5.2, under the heading Designated for Financial Uncertainty,
to delete the last sentence of the third paragraph and the following paragraph.
Councilmember Winokur stated the category was not designed to use financial
uncertainty reserves for discretionary expenditures and noted the language is
duplicated under the heading Designated for Contingencies.
The vote on Councilmember Winokur's motion to amend Resolution 91-138 was. as
follows: Yeas: Councilmembers Azari, Edwards, Kirkpatrick, Maxey and Winokur.
Nays: None.
THE MOTION CARRIED.
Councilmember Winokur commended the City Manager and staff for their efforts.
The vote on Councilmember Winokur's motion to adopt Resolution 91-138 as amended
was as follows: Yeas: Councilmembers Azari, Edwards, Kirkpatrick, Maxey and
Winokur. Nays: None.
THE MOTION CARRIED.
:I3[d
October 15, 1991 ,
Ordinance No. 121, 1991,
Relating to the Annual Appropriations
and Adopting the Budget for the Fiscal
Year Beginning January 1, 1992, and Ending
December 31, 1992, and Fixing the Mill Levy
for Said Fiscal Year. Adopted as Amended on First Reading.
The following is staff's memorandum on this item.
"FINANCIAL IMPACT
This Ordinance adopts the total City Budget for 1992 in the amount of
$220,598,484. It also sets the City mill levy at 9.797 mills which will generate
$6.1 million. Sales and Use Tax revenues are projected to generate a total of
$27.5 million.
EXECUTIVE SUMMARY
This Ordinance adopts the 1992 Budget for the City of Fort Collins and sets the
mill levy as follows:
General Fund 0 & M.................................1.483
Parks 0 & M........................................ .921 '.
Poudre Fire Authority Contribution .................5.177
Fire Pension Fund (Gen. Fund Unfunded L.iab.)....... .136
Parks Debt Service.. ..1.080
Poudre Fire Authority..............................1.000
TOTAL 9.797
BACKGROUND
Changes from the 1992 Recommended Budget are as follows:
General Fund ($485.971)
Appropriations in the General Fund were decreased by $545,971 and increased by
S60,000 resulting in a net decrease of $485,971. The following items were taken
out of the General Fund appropriations:
o $92,000 for a pilot program to try out a different approach to police
service in the Old Town area.
o $100,000 for transfer to the Conservation Trust Fund for the acquisition
of natural areas. Funds in excess of $600,000 will still be available for
acquisitions.
o $20,000 for additional funding for ZILCH air quality loans. ,
447
' October 15, 1991
o $100,000 for transfer to the Capital Projects Fund for the Linden Block.
o Water charges paid by the General Fund to the Water Fund were decreased
by $40,000 from $100,000.
o Various programs were reduced for a total of $54,000 with no substantial
decrease in service to customers.
o Minor Street Capital was reduced by $69,239. Approximately $278,000 will
still be available for minor street and sidewalk maintenance.
o In keeping with the Poudre Fire Authority (PFA) revenue allocation
formula, with the decrease in sales and use tax revenue the contribution
to PFA was reduced by $70,732.
Additions of $50,000 were made for the Boltz Junior High Youth Sports Field
Development. Development funds of $45,000 and $15,000 for maintenance of the
facilities.
Light & Power Fund - $100,000
Appropriations were increased by $100,000 for the expanded ZILCH loan program
in 1992.
Water Fund - $15,000
Appropriations in the Water Fund were increased by $15,000 due to a higher
contribution to the Natural Heritage Corridor (from $12,000 to S27,000) for
1992.
Sales & Use Tax - ($581.848),
Appropriations have been decreased by $581,848 representing more conservative
revenue projections. Sales tax projections of 4.9% increase are based on the
current computer model while use tax, which can be very volatile, are projected
at no growth over 1991. Reductions are for the following transfers; General
Fund $525,239, Streets Capital $24,700, Choices 95 capital S29,762, and
Transportation funds for street projects $2,147.
Conservation Trust Fund - $100,000
The elimination of an additional $100,000 for the purchase of wetlands.
Capital Projects Fund - General Capital - ($124 239)
' Appropriations were decreased by $169,239 and increased by $45,000 resulting in
a net decrease of $124,239. Appropriations for Minor Street capital projects
448
October 15, 1991 ,
were reduced by $69,239 and the $100,000 appropriated for the Linden Block were
eliminated. An additional $45,000 has been appropriated for the City's share
in the potential development of a youth sports complex at Boltz Junior High
School. The other participants in this potential project are Poudre R-1, Youth
Baseball and the Fort Collins Soccer Club. Accordingly, General Fund transfers
to the Capital Projects Fund for General Capital projects have been decreased
by $124,239.
Capital Projects Fund - Street Maintenance - (S24.700
Appropriations for Street Maintenance were reduced by $24,700. The transfer
from the Sales and Use Tax Fund to Capital Projects Fund for Street Maintenance
was reduced by $24,700."
Budget and Research Director Doug Smith gave a presentation on this item.
Councilmember Azari made a motion, seconded by Councilmember Edwards, to adopt
Ordinance No. 121, 1991.
Councilmember Winokur requested more detailed categories outlining where the
funds are being spent.
Ginny Riley, 1700 West Mountain Avenue and Director of Crossroads Safehouse, I
representing the Council of Human Services Directors, urged Council to consider
an increase in allocations to the Human Resource Grant program.
Carol Plock, Executive Director of the Women's Center, asked Council not to cut
funding from people who could least afford it and requested an increase in
funding for the Human Resources Grant program.
Bruce Lockhart, 2500 E. Harmony Road, opposed the mill increase for the Poudre
Fire Authority.
Susan Samansky, Human Resources Grant Manager for the Department of Human
Development, presented statistics regarding the effects the recession is having
on human resource agencies.
Councilmember Azari made a motion, seconded by Councilmember Winokur, amending
Ordinance No. 121, 1991 implement the Recreation Fee Policy by adding $45,767
to freeze fees at the 1991 level, adding $33,632 to begin the low income
scholarship fund, and $39,018 establishing a minor maintenance reserve for the
Recreation Department.
The vote on Councilmember Azari's motion was as follows: Yeas: Councilmembers
Azari and Winokur. Nays: Councilmembers Edwards, Kirkpatrick and Maxey.
THE MOTION FAILED.
no]
' October 15, 1991
Councilmember Azari made a motion, seconded by Mayor Kirkpatrick, amending the
Ordinance No. 121, 1991, to add $35,000 for a visibility air quality monitor.
Budget Director Doug Smith stated the state will provide the service at no
annual expense to the City but does not have adequate funding to purchase the
equipment.
The vote on Councilmember Azari's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Kirkpatrick., Maxey and Winokur. Nays: None.
THE MOTION CARRIED.
Councilmember Winokur, made a motion, seconded by Councilmember Azari, to amend
Ordinance No. 121, 1991 to add $20,000 to the Zilch Loan Program.
The vote on Councilmember Winokur's motion was as follows: Yeas:
Councilmembers Azari, Edwards, Kirkpatrick, Maxey and Winokur. Nays: None.
THE MOTION CARRIED.
Councilmember Azari made a motion, seconded by Mayor Kirkpatrick, to amend
Ordinance No. 121, 1991 to add an additional $39,918 for the public library
implementation program.
Councilmember Azari stated there was a fund reduction of $24,918 for the
purchase of equipment and noted the proposed amendment would reinstate that
amount for additional library equipment with an additional $15,000 for
materials.
The vote on Councilmember Azari's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Kirkpatrick, Maxey and Winokur. Nays: None.
THE MOTION CARRIED.
Councilmember Edwards made a motion, seconded by Councilmember Winokur, to amend
Ordinance No. 121, 1991, to increase the Human Services allocation by $20,000.
The vote on Councilmember Edwards' motion was as follows: Yeas: Councilmembers
Azari, Edwards, Kirkpatrick, Maxey and Winokur. Nays: None.
THE MOTION CARRIED.
Councilmember Winokur made a motion, seconded by,Counci1member Maxey, to amend
Ordinance No. 121, 1991, to appropriate $16,OOO for the existing level of the
DARE program.
1 450
October 15, 1991 ,
Councilmember Edwards opposed the amendment stating there is a lot of work to
be done as a community regarding the administration and funding for the DARE
program.
Mayor Kirkpatrick stated she would not be supporting the motion and spoke of her
concerns regarding the DARE program and its funding.
The vote on Councilmember Winokur's motion was as follows: Yeas:
Councilmembers Azari, Maxey and Winokur. Nays: Councilmembers Edwards and
Kirkpatrick.
THE MOTION CARRIED.
Councilmember Winokur requested staff provide information regarding the
Activities Youth Center funding before Second Reading.
Councilmember Maxey made a motion, seconded by Councilmember Azari, to amend
Ordinance No. 121, 1991 to allocate $25,000 for the Landmark Preservation
Program.
The vote on Councilmember Maxey's motion was as follows: Yeas: Councilmember
Maxey. Nays: Councilmembers Azari, Edwards, Kirkpatrick and Winokur.
THE MOTION FAILED. '
Mayor Kirkpatrick made a motion, seconded by Councilmember Winokur, to amend
Ordinance No. 121, 1991, to add an additional $50,000 in the Natural Areas
Acquisition Fund.
Councilmember Edwards made a motion, seconded by Mayor Kirkpatrick, to amend
the motion by reducing the amount to $20,000.
Councilmember Edwards stated he felt that $50,000 was too much money to
appropriate due to the funds already available and in the order of importance
he did not feel it was imperative.
Mayor Kirkpatrick opposed the motion stating that this was of a higher priority
for her and noted it reflects citizen interest that was expressed in the recent
election.
The vote on Councilmember Edwards' motion to amend was as follows: Yeas:
Councilmember Edwards. Nays: Councilmembers Azari, Kirkpatrick, Maxey and
Winokur.
THE MOTION FAILED.
The vote on Mayor Kirkpatrick's motion was as follows: Yeas: Councilmembers ,
Kirkpatrick and Winokur. Nays: Councilmembers Azari, Edwards and Maxey.
451
1
October 15, 1991
THE MOTION FAILED.
Bruce Lockhart, 2500 E. Harmony Road, opposed the proposed increases,
commenting he did not feel the items being considered were all one time
expenditures and the money should not be taken from the contingency fund.
Recreation Manager Jean Helburg clarified the $39,000 in the minor maintenance
reserve fund would be used to replace tables and chairs and be used for revenue
shortfall. She explained the discount policy.
Councilmember Winokur made a motion, seconded by Councilmember Azari, to
increase the City Manager's budget by $33,632 for the Low Income Scholarship
Fund.
The vote on Councilmember Winokur's motion was as follows: Yeas:
Councilmembers Azari, Edwards, Kirkpatrick and Winokur. Nays: Councilmember
Maxey.
THE MOTION CARRIED.
The vote on Councilmember Azari's motion to adopt Ordinance No. 121, 1991 as
amended was as follows: Yeas: Councilmembers Azari, Edwards, Kirkpatrick,
Maxey and Winokur. Nays: None.
THE MOTION CARRIED.
Councilmember Winokur, with agreement by Councilmember Azari, withdrew his
earlier amendment to Resolution 91-137. (Note: see page 444)
Councilmember Winokur requested that representatives to the Poudre Fire
Authority examine and revise the Intergovernmental Agreement to address the
City's total contribution.
The vote on Councilmember Maxey's motion to adopt Resolution 91-137 was as
follows: Yeas: Councilmembers Azari, Edwards, Kirkpatrick, Maxey and Winokur.
Nays: None.
THE MOTION CARRIED.
Items Relating to the 1992
Downtown Development Authority Budget Adopted
The following is staff's memorandum on this item.
"FINANCIAL IMPACT
' These items set the Downtown Development Authority mill levy at 4.05 mills and
452
October 15, 1991 ,
adopt a DDA budget of $237,341. In addition, payment of debt service of
$1,298,000 from the tax increment fund would be authorized.
EXECUTIVE SUMMARY
A. Hearing and First Reading of Ordinance No. 122, 1991, Appropriating the
Annual Expenditures for, Fixing the Hill Levy for, and Approving the
Budget of the Downtown Development Authority for the Fiscal Year Beginning
January 1, 1992, and Ending December 31, 1992.
The Downtown Development Authority Board of Directors, at its regular meeting
of October 3, 1991, approved the proposed 1992 DDA budget totalling $197,982 and
determined the mill levy necessary to provide for payment of all properly
authorized expenditures incurred by the District. City staff is recommending
the Council appropriate an additional $39,359, to the budget approved by the DDA
Board, for transfer to the DDA Debt Service Fund. This additional appropriation
would be used to bring the reserves in the debt service fund to the level
required by the provisions pursuant to which the tax increment bonds were
issued. The DDA does not object to this addition. The proposed 1992 DDA budget
of $237,341, would maintain the present staffing level. No capital expenditures
are anticipated.
B. Hearing and First Reading of Ordinance No. 123, 1991, Appropriating '
Revenue in the Downtown Development Authority for Payment of Debt Service
for the Year 1992.
This Ordinance appropriates funds for the payment of Downtown Development
Authority debt service for 1992.
On May 17, 1988, Council adopted Ordinance No. 95, 1987 authorizing the issuance
of tax increment bonds, pledging tax increment revenues to debt retirement, and
requiring payment toward that debt retirement on a scheduled basis over the life
of the bonds. The Charter requires that all funds which pass through City
accounts be appropriated by Council. The tax increment revenue to be
appropriated flows directly into the debt service account.
In 1992, the City has the option to exercise a one time extraordinary ca77
(1211192) at par on bonds totalling $3,300,000. Pursuant to discussions with
the Finance Committee, staff recommends exercising the early call on all or a
portion of the bonds in 1992. However, the proposed 1992 Downtown Development
Authority budget doesn't reflect appropriations for the retirement of any of the
bonds since there are still discussions as to the use of some of the
construction proceeds for the Linden Block and other potential projects. A
supplemental appropriation will be brought to' Council in 1992 once it has been
determined how many of the bonds staff will recommend to be called."
Executive Director of the Downtown Development Authority Robert Steiner '
responded to Council questions.
453
1
October 15, 1991
Councilmember Azari made a motion, seconded by Councilmember Edwards, to adopt
Ordinance No. 122, 1991 on First Reading.
The vote on Councilmember Azari's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Kirkpatrick, Maxey and Winokur. Nays: None.
THE MOTION CARRIED.
Councilmember 'Edwards made a motion, seconded by Councilmember Azari, to adopt
Ordinance No. 123, 1991 on First Reading.
The vote on Councilmember Edwards' motion was as follows: Yeas: Councilmembers
Azari, Edwards, Kirkpatrick, Maxey and Winokur. Nays: None.
THE MOTION CARRIED.
Other Business
Councilmember Winokur requested atwo page memo concerning the possibility of
the City's involvement in issuing waivers for certain development fees for
constructors of low income housing.
Adjournment
The meeting adjourned at 1:30 a.m.
ATTEST:
454
1
/Mayor