HomeMy WebLinkAboutMINUTES-07/18/1989-RegularI�
July 18, 1989
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council -Manager Form of Government
Regular Meeting - 6:30 p.m.
A regular meeting of the Council of the City of Fort Collins was held on
Tuesday, July 18, 1989, at 6:30 p.m. in the Council Chambers in the City of
Fort Collins City Hall. Roll call was answered by the following
Councilmembers: Edwards, Horak, Kirkpatrick, Mabry, Maxey, and Winokur.
Councilmembers Absent
Staff Members Present:
Azari
Burkett, Krajicek, Roy
(Secretary's Note: Councilmember Maxey arrived at approximately 7:00 p.m.)
Citizen Participation
a. Proclamation Naming July 15-22 as Ouilters Week was accepted by Debbie
Reiter, volunteer coordinator for the Fabric of Legacies Quilt Show,
sponsored by the Crossroads Safehouse.
b. Presentation of plagues to retiring Boards and Commissions members were
accepted by Wayne Sundberg, Landmark Preservation Commission; Jim
Weitz, Cultural Review Board; Chris Kneeland, Library Board; Tom
Skillman, Golf Board; and Mildred Arnold, Senior Advisory Board.
Agenda Review: City Manager
City Manager Burkett asked that Item #33, Resolution 89-136 Items Relating
to Taft Hill Road and Horsetooth Road Intersection Project, be pulled from
the Consent Agenda and rescheduled for August 1, 1989 and called attention
to Item #14, Hearing and First Reading of Ordinance No. 101, 1989,
Authorizing the Issuance of Industrial Development Revenue Bonds of the
City of Fort Collins for the Carson, Burger J Meekly, Inc. Project, and
encouraged citizens to pull the item should they want to make comments at
the Public Hearing.
Councilmember Horak requested that Item #15, Hearing and First Reading of
Ordinance No. 102, 1989 Amending Section 23-130-(3) of the Code of the City
of Fort Collins Relating to Disposition of Property, be withdrawn from the
Consent Agenda.
Bruce Lockhart, 2500 East Harmony Road, asked that Item #13, Second Reading
of Ordinance No. 100, 1989 Appropriating Prior Year Reserves in the General
Fund to Address Problems Associated with Cruising, and 1 tem #20, Resolution
89-128 Finding Substantial Compliance and Initiating Annexation Proceedings
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July 18, 1989
for the A11in Annexation, be removed from the Consent Calendar.
Consent Calendar
This Calendar is intended to allow the City Council to spend its time and
energy on the important items on a lengthy agenda. Staff recommends
approval of the Consent Calendar. Anyone may request an item on this
calendar be "pulled" off the Consent Calendar and considered separately.
Agenda items pulled from the Consent Calendar will be considered separately
under Agenda Item #28, Pulled Consent Items.
Q
7.
This Ordinance, which was unanimously adopted on First Reading on June
20, amends certain language in the refunding bond ordinance to
identify more precisely the special assessments pledged for the
payment of the Boardwalk Special Improvement District No. 77 Special
Assessment Refunding Bonds.
In July of 1986, Council established the Arbor Plaza Special
Improvement District No. 88. This SID is located on the west side of
College Avenue at Harmony Road. This District was created to finance
the public improvements for the Arbor Plaza Shopping Center, P.U.D.
In accordance with Chapter 22 of the City Code, the City began the
closeout of this district with approval of Resolution 89-100 which
accepted the improvements and ordered a notice to be sent to property
owners informing them of the assessment. A public hearing was held
June 20, 1989 to hear any objections from the property owners. All
notice requirements have been met.
This Ordinance, which was unanimously adopted on
20, places an assessment against each property
outlines the procedure for collection.
First Reading on June
in the district and
At the Worksession of May 23, staff presented Council with a number of
policy issues associated with implementation of the CHOICES 95
Program. One of the items discussed at that time was the viability of
utilizing $160,000 of current capital funding designed for the CHOICES
Program to begin some planning, engineering and right-of-way efforts
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July 18, 1989
RE
in 1989. This ordinance, 'which was unanimously adopted on First
Reading on June 20, appropriates $160,000 from Capital Projects Fund
reserves to be used to begin work on the following projects in the
Choices 95 Program:
Senior Center Architectural and Professional Services $ 55,000
Indoor Pool Consultant Services 5,000
Design and Acquisition for Streets/Transportation Projects 100,000
Lodging tax receipts for 1988 were estimated to be $194,796 while the
actual receipts totalled $208,675. The initial 1989 budget
appropriation was calculated from estimated figure while the
disbursement is based on the actual 1988 receipts pending the year end
audit. Additionally, the Cultural Development and Programming
Account, and the Maintenance and Mitigation Account must appropriate
carry-over funds not allocated in previous years totalling $71,649.
This Ordinance, which was unanimously adopted on First Reading on June
20, appropriates the final 1988 Lodging tax receipts as well as prior
year reserves in the total amount of $85,528 as follows:
' Lodging Tax Receipts above Original Estimate $13,879
Cultural Development and Programming Account
Prior Year Reserves 27,441
Maintenance and Mitigation Account
Prior Year Reserves 44,208
$85,528
10. Items Pertaining to a Transit Services Fund
A. Second Reading of Ordinance No. 96, 1989, Creating a Transit
Services Fund.
B. Second Reading of Ordinance No. 97, 1989, Authorizing the Transfer
of Appropriations from the Transportation Services Fund to the
Transit Services Fund.
These Ordinances were unanimously adopted on First Reading on June 20.
Ordinance No. 96, 1989 creates the Transit Services Fund, a separate
fund which permits more effective financial management of revenues and
expenditures related to the City's transit services. Such a fund is
consistent with federal guidelines and requi.rements for transit
systems receiving federal funds. Ordinance No. 97, 1989, transfers
1989 appropriations of $1,377,546 from the Transportation Services
Fund to the newly established Transit Services Fund. These
' appropriations will lapse at the completion of the related federal
grants, consistent with Article V, Section 10 of the City Charter.
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July 18, 1989
12.
13.
The Annexation Ordinance for the Jewett Annexation was adopted on
October 4, 1988. The Ordinance did not contain the standard clause
stating the City's consent to the inclusion of the annexed property
into the Municipal Subdistrict of the Northern Colorado Water
Conservancy District (NCWCD).
This Ordinance, which was unanimously adopted on First Reading on June
20, gives the City's consent for such inclusion, which will allow the
NCWCD to petition the court for the inclusion of the Jewett Annexation
in the Municipal Subdistrict of NCWCD.
The Community Development Block Grant Program provides federal funds
from the Department of Housing and Urban Development to the City of
Fort Collins which can be allocated to housing and community
development related programs and projects, thereby reducing the demand
on the City's General Fund Budget to address such needs.
On June 20, Council held a public hearing and adopted by a vote of 6-0
Resolution 89-121 establishing the individual programs and projects to
be funded with Community Development Block Grant funds from the
Department of Housing and Urban Development for the FY 1989-90 Program
year which begins October 1, 1989.
The Ordinance, which was adopted 6-0 on First Reading on June 20,
appropriates $679,000 from the City's FY 1989-90 Entitlement Grant,
$90,000 from Reprogrammed CDBG funds, and $100,000 of anticipated
Program Income.
On May 30, 1989, the City Council adopted Resolution 89-110 directing
the City Manager, City Attorney, and Municipal Judge to develop a
creative strategy to address the problems associated with cruising.
This appropriation ordinance, which was unanimously adopted on First
Reading on June 20, provides supplemental• funding for implementation
of the following elements of the cruising strategy:
Iolice Services' overtime costs: $ 38,400
Traffic Engineering costs: 16,000
TOTAL SUPPLEMENTAL FUNDING REQUEST: $ 54,400 '
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July 18, 1989
14. Hearing and First Reading of Ordinance No 101 1989 Authorizing the
Issuance of Industrial Development Revenue Bonds of the City of Fort
Collins for the Carson Burger & Weekly Inc Proiect
15.
17.
On March 21, 1989, the Council adopted an Inducement Resolution for
the project in the amount of $1,400,000. This ordinance authorizes
the issuance of the industrial development revenue bonds to be used to
finance the construction of the improvements for the Carson, Burger &
Weekly Project. The project is to be privately owned and the debt is
to be paid from the revenue generated by the project.
This Ordinance will amend the Code to allow the sale of unclaimed
firearms and will allow proceeds from the sale to be utilized by the
City for police training purposes. In addition, the Ordinance
eliminates the requirement to destroy unclaimed firearms or deliver
them to the Colorado Bureau of Investigation for forensic
investigation purposes. The Ordinance will allow the Chief to
determine which weapons will be sold, destroyed, or retained for
training purposes.
The 1989 Concrete Improvement Program is the fifth year of an annual
program to encourage property owners to construct, repair, replace and
maintain their sidewalks, curbs and gutters. This program is
voluntary on the part of the property owners. To encourage
participation by property owners, the City splits (50/50) the cost of
construction with the property owners, hires the contractor and
oversees the' construction. In addition to paying 50% of the cost of
the improvements, the City also pays the costs of oversizing sidewalks
on major streets and the costs of constructing pedestrian access ramps
at intersections. The subject ordinance appropriates the
participating property owners' share of the construction costs.
This Ordinance appropriates $64,639 in unanticipated revenue in the
Library Grants Fund for the continuation of the Library Adult Literacy
Program.
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July 18, 1989
10
19.
20.
Hearing and First Reading of Ordinance No 105 1989 Vacating a
Avenue '
Portion of Street Right -of -Way on McMurray enue and Retaining the
Same for Drainage and Utility Easement Purposes
Richard Storck of Storck Development Corporation, the owner of Lots 48
and 52 in the Replat of Tract "A", Golden Meadows, Fifth Filing, has
requested that a portion of the street right-of-way fronting the above
lots on McMurray Avenue be vacated for street purposes but retaining
the vacated area for drainage and utility easement purposes.
The request is being made to coincide with the Planning and Zoning
Board approval of the Replat of Tract "A", Golden Meadows, Fifth
Filing development on April 24, 1989 . The approval for building on
Lots 48 and 52 were conditioned upon the vacation being approved by
City Council.
The City has a program of deferred payment of special assessments and
an ad valorem tax refund program for the elderly and disabled.
Qualifications for the program are the same as those of the State of
Colorado for a similar program for property tax, rent, heat or fuel
assistance. The State Legislature reorganized the program and in the
process, the statutory citation was changed. The purpose of this
Ordinance is to amend the City Code to correctly cite the '
qualifications as they now appear in the Colorado Revised Statutes.
The applicants and property owners, Bradford and Kathleen Allin, have
submitted a written petition requesting annexation of approximately
.50 acres located at 5201 Mail Creek Lane within the Fossil Creek
Meadows Subdivision, east of S. College Avenue and north of Fossil
Creek Parkway.
The proposed Resolution makes a finding that the petition
substantially complies with the Municipal Annexation Act, determines
that a hearing should be established regarding the annexation, and
directs that notice be given of the hearing. The hearing will be held
at the time of first reading of the annexation and zoning ordinances.
Not less than thirty days of prior notice is required by Colorado law.
The property is located within the Fort Collins Urban Growth Area.
According to policies and agreements between the City of Fort'Collins
and Larimer County contained in the Intergovernmental Agreement for
the Fort Collins Urban Growth Area, the City will consider the
annexation of property in the UGA when the property is eligible for
annexation according to state law. The property gains the required I
1/6 contiguity to existing city limits from a common boundary with the
Keenland Annexation to the east.
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July 18, 1989
' 21.
The State Department of Highways, being the applicant and the owner,
has submitted a written petition requesting annexation of
approximately 2.6 acres of Highway 14 right of way located east of the
Wastewater Treatment Plant. The proposed Resolution makes a finding
that the petition substantially complies with the Municipal Annexation
Act, determines that a hearing should be established regarding the
annexation, and directs that notice be given of the hearing. The
hearing will be held at the time of first reading of the annexation
ordinance. Not less than thirty days of prior notice is required by
Colorado law. The property is located within the Fort Collins Urban
Growth Area. According to policies and agreements between the City of
Fort Collins and Larimer County contained in the INTERGOVERNMENTAL
AGREEMENT FOR THE FORT COLLINS URBAN GROWTH AREA, the City will
consider annexing property in the UGA when the property is eligible
for annexation according to State law. The property gains the required
1/6 contiguity to existing city limits from a common boundary with the
First Fisher-Lemay Annexation to the east.
22.
' The State Department of Highways, being the applicant and the owner,
has submitted a written petition requesting annexation of
approximately 100 acres of I-25 right-of-way located between Prospect
Road and the Burlington Northern Railroad. The proposed Resolution
makes a finding that the petition substantially complies with the
Municipal Annexation Act, determines that a hearing should be
established regarding the annexation, and directs that notice be given
of the hearing. The hearing will be held at the time of first reading
of the annexation ordinance. Not less than thirty days of prior notice
is required by Colorado law.
011
The property is located within the Fort Collins Urban Growth Area.
According to policies and agreements between the City of Fort Collins
and Larimer County contained in the INTERGOVERNMENTAL AGREEMENT FOR
THE FORT COLLINS URBAN GROWTH AREA, the City will consider annexing
property in the UGA when the property is eligible for annexation
according to State law. The property gains the required 1/6
contiguity to existing city limits from a common boundary with the
Interstate Lands Second Annexation and the Sludge Farm Annexation to
the west.
On May 2, 1989, Council approved an Ordinance authorizing the lease
purchase of hardware and software for the new computer finance system
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July 18, 1989
24.
25.
26.
27
for $700,000. Resolutions approved on April 18 authorized the
Director of Purchasing to negotiate the agreements for computer
hardware and software. The Resolutions specified estimated costs for
computer hardware equipment to be $350,000 and $350,000 for computer
application software. The negotiated price for the computer will be
approximately $278,000 and the negotiated cost for the application
software is $422,000. Because the Resolution previously authorized by
Council specifies a limit of $350,000 based on staff's preliminary
estimate, it is necessary to amend the Resolution. The total purchase
price for hardware and software will still not exceed $700,000.
The Resolution would authorize the Purchasing Agent to enter into a
"Professional Services Agreement" with TDA Colorado, Inc. for the
1990-1994 Transportation Development Program (TDP).
The City Charter provides for the appointment of a Temporary Judge to
serve in the absence of the Municipal Judge. This Resolution will
appoint Gordon F. Esplin and John J. Tobin as Temporary Judges for
terms to run until June 30, 1991.
Vacancies currently exist on the Commission on the Status of Women and
the Human Relations Commission due to resignations from commission
members and the expiration of terms of members of these commissions.
Councilmembers Kirkpatrick and Mabry have conducted additional
interviews for these commissions. The Resolution contains the names
of those individuals recommended for appointment to the Commission on
the Status of Women and the Human Relations Commission.
Routine Deeds and Easements
a. Right-of-way dedication from Gamma Phi Beta Sorority, 733 South
Shields, needed to construct a new sidewalk in front of the Gamma
Phi Beta Sorority house. Consideration: $10.
b. Deed of Easement from David H. Lindstrom and Margaret W.
Lindstrom, 104 Princeton Road, needed for extension of the South
College Heights 2nd Subdivision sewerline to Princeton Road.
Homeowners in the area have had sewer problems and present
locations of the manholes are inaccessible to the equipment used
for proper maintenance and repair. Consideration: $1275 for tree
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July 18, 1989
' and shrub damages (based on City Forester evaluation) plus $260
for land (based on residential lot sales - $20,000)= $1535 Total.
0
F
c. Deed of Easement from Gerald F. and Jeanette M. Thomas, 3100 N.
U.S. Highway 287, Laporte, needed for the Poudre River Crossing
Overland Trail waterline. The Poudre River Crossing -Overland
Trail Waterline Project involves replacing an existing 3-inch
waterline with an 8-inch main waterline to improve water services
in the Laporte area. Consideration: $1,198 (based on County
Commercial in Laporte - $1 sq. ft.)
d. Powerline Easement from Amoco Oil Company, 2501 South Shields,
needed to underground the installation of electric services.
Consideration: $10
e. Powerline Easement from Fairfield Companies, Inc., located on Lot
18, Creekside at the Landings (4209 Creekside Court), needed
because replat did not include easement for existing electric
system. Consideration: $10.
f. Powerline Easement from Historical Opera House Properties, Ltd., a
Colorado Limited Partnership, 149 N. College Avenue, needed to
underground existing overhead electric system. Consideration:
$10.
Ordinances on Second Reading were read by title by Wanda Krajicek, City
Clerk.
Item #6.
Item V.
Item #8.
Item #9.
Item #10. A.
B.
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July 18, 1989
Item #11.
Second Reading
of Ordinance No 98 1989
Consenting to the
'
Inclusion of
Lands within the Municipal
Subdistrict Northern
Item #12.
Colorado Water
Second Reading
Conservancy District
of Ordinance No. 99, 1989 Appropriating
Unantici-
pated Revenue
and Authorizing the Transfer of Aooropriations
Between Protects in the Community Development Block Grant Fund
Item #13.
Second Reading
of Ordinance No 100 1989
Appropriating Prior
Year Reserves
in the General Fund to Address
Problems Associated
Ordinances
Clerk.
with Cruising.
on First Reading were read by title by
Wanda Krajicek, City
Item #14. Hearing and First Reading of Ordinance No 101 1989 Authorizing
the Issuance of Industrial Development Revenue Bonds of the City
of Fort Collins for the Carson Burger 8 Weekly Inc Proiect
Item #15. Hearing and First Reading of Ordinance No 102 1989 Amending
Section 23-130-(3) of the Code of the City of Fort Collins
Relating to Disposition of Property.
Item #16. Hearing and First Reading of Ordinance No 103 1989 Appro-
priating Unanticipated Revenue in the Capital Protects Fund for '
the 1989 Concrete Improvement Program.
Item #17. Hearing_ and First Reading of Ordinance No 104 1989 Appro-
priating Unanticipated Revenue in the Library Grants Fund for the
Fort Collins Public Library Adult Literacy Program
Item #18. Hearing and First Reading of Ordinance No 105 1989 Vacating a
Portion of Street Right -of -Way on McMurray Avenue and Retaining
the Same for Drainage and Utility Easement Purposes
Item #19. Hearina and First. RPadinn of nrdimmnrn N. Inc. Inon n--- a:__
Councilmember Kirkpatrick made a motion, seconded by Councilmember Edwards,
to adopt and approve all items not removed from the Consent' Calendar.
Yeas: Councilmembers Edwards, Horak, Kirkpatrick, Mabry, and Winokur.
Nays: None.
THE MOTION CARRIED.
Ordinance No. 100, 1989 Appropriating
Prior Year Reserves in the General -
Fund to Address Problems Associated '
with Cruising. Adopted on Second Reading
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July 18, 1989
' Following is staff's memorandum on this item:
"FINANCIAL IMPACT
On May 30, 1989, the City Council adopted Resolution 89-110 directing the
City Manager, City Attorney, and Municipal Judge to develop a creative
strategy to address the problems associated with cruising. This
appropriation ordinance, which was unanimously adopted on First Reading on
June 20, provides supplemental funding for implementation of the following
elements of the cruising strategy:
Police Services' overtime costs: $ 38,400
Traffic Engineering costs: 16,000
TOTAL SUPPLEMENTAL FUNDING REQUEST: f 54,400"
Councilmember Kirkpatrick made a motion, seconded by Councilmember Mabry,
to adopt Ordinance No. 100, 1989 on Second Reading.
Bruce Lockhart, 2500 East Harmony Road, expressed opposition to the current
cruising strategy.
Councilmember Kirkpatrick stated she had heard from several downtown
restaurant owners that business volume had increased due to the lack of
traffic congestion on Friday and Saturday night.
Councilmember Horak commented on the effectiveness of the roadblocks and
stated that Council's objectives were being achieved.
The vote on Councilmember Kirkpatrick's motion to adopt Ordinance No. 100,
1989 on Second Reading was as follows: Yeas: Councilmembers Edwards,
Horak, Kirkpatrick, Mabry, and Winokur. Nays: None.
THE MOTION CARRIED.
Ordinance No. 102, 1989 Amending Section
23-130-(3) of the Code of the City of
Fort Collins Relating to Disposition of
Property. Adopted on First Reading as Amended
Following is staff's memorandum on this item:
"EXECUTIVE SUMMARY
This Ordinance will amend the Code to allow the sale of unclaimed firearms
and will allow proceeds from the sale to be utilized by the City for police
training purposes. In addition, the Ordinance eliminates the requirement
to destroy unclaimed firearms or deliver them to the Colorado Bureau of
' Investigation for forensic investigation purposes. The Ordinance will
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July 18, 1989
allow the Chief to determine which weapons will be sold, destroyed, or '
retained for training purposes.
BACKGROUND
The Police Department has numerous firearms that are unclaimed and held in
Property and Evidence. City Code currently provides that these firearms
are to be released to the Colorado Bureau of Investigation for forensic
ballistics investigations following completion of any court action. To
date, this has been the only available means for firearms disposal.
CBI now has more weapons in its possession than required and will no longer
accept any additional weapons from law enforcement agencies.
Many of the unclaimed firearms are of minimal value. However, there are
some valuable firearms that have remained unclaimed that could be sold for
legitimate use. There are also numerous unique weapons that can be used to
provide instruction to police officers.
Staff believes the amendment will give the Police Department the needed
means of disposing of unclaimed weapons. Currently, the City's evidence
storage areas are almost filled to capacity. By eliminating these weapons,
storage space will be gained for current, required firearms evidence.
The suggested procedure for the sale of these firearms would be in
accordance with current City purchasing procedures. This sale would '
however be restricted to licensed gun dealers.
Several local agencies were contacted to determine if similar procedures
existed. The Longmont Police Department holds public auctions to dispose
of valuable firearms through a licensed auctioneer and destroys any unsold
firearms. The Greeley Police Department also sells by auction but
restricts the sale to licensed gun dealers. The Loveland Police Department
held a public auction, selling the firearms in lots of two and three,
depending on the value of each firearm. Saturday night specials were
destroyed. While Aurora does not sell any firearms, it does authorize the
use of unclaimed weapons for its police academy.
It is believed any proceeds from such a sale could be efficiently used in
the area of police training.
RECOMMENDATION -
Staff recommends approval of this Ordinance which will allow:
■ the sale of unclaimed firearms to licensed dealers;
■ the proceeds to be utilized for police training; and
■ the use of unclaimed firearms for training purposes." '
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July 18, 1989
' Councilmember Mabry made a motion, seconded by Councilmember Edwards, to
adopt Ordinance No. 102, 1989 on First Reading.
Councilmember Horak made a motion, seconded by Councilmember Mabry, to
amend Section C, to direct that funds be remitted to the General Fund.
Councilmember Mabry stated, that as the motion maker, he would accept
Councilmember Horak's motion as a friendly amendment to his original
motion.
Councilmember Edwards, as the seconder to the original motion, stated he
would prefer discussion on Councilmember Horak's amendment.
Councilmember Horak stated his reasons for wanting to amend the Ordinance
with respect to police services training and the sale of firearms and noted
he was not in favor of "ear -marking" revenues for specific purposes.
City Attorney Roy stated that he believed the deletion of Section C would
cause the sale to be treated as if it were under the general provisions of
23-130 (subparagraph A), thus the money would go into the General Fund and
suggested deleting Section C of paragraph 4.
Councilmembers Mabry and Edwards accepted City Attorney Roy's suggestion as
a friendly amendment to the original motion.
' Councilmember Edwards commented on the original creation of enterprise
funds and noted the appropriateness of the funds going to the General Fund.
Councilmember Horak stated he believed City Attorney Roy's suggestion
accomplished his intent. He withdrew his motion to amend Ordinance No.
102, 1989.
The vote on Councilmember Mabry's motion to adopt Ordinance No. 102, 1989,
as amended on First Reading was as follows: Yeas: Councilmembers Edwards,
Horak, Kirkpatrick, Mabry, and Winokur. Nays: None.
THE MOTION CARRIED.
Resolution 89-128 Finding Substantial
Compliance and Initiating Annexation
Proceedings for the Allin Annexation Adopted
Following is staff's memorandum on this item':
"EXECUTIVE SUMMARY
The applicants and property owners, Bradford and Kathleen Allin, have
' submitted a written petition requesting annexation of approximately .50
acres located at 5201 Mail Creek Lane within the Fossil Creek Meadows
Subdivision, east of S. College Avenue and north of Fossil Creek Parkway.
9**11
July 18, 1989
The proposed Resolution makes a finding that the petition substantially
complies with the Municipal Annexation Act, determines that a hearing
should be established regarding the annexation, and directs that notice be
given of the hearing. The hearing will be held at the time of first
reading of the annexation and zoning ordinances. Not less than thirty days
of prior notice is required by Colorado law.
The property is located within the Fort Collins Urban Growth Area.
According to policies and agreements between the City of Fort Collins and
Carimer County contained in the Intergovernmental Agreement for the Fort
Collins Urban Growth Area, the City will consider the annexation of
property in the UGA when the property is eligible for annexation according
to state law. The property gains the required 116 contiguity to existing
city limits from a common boundary with the Keenland Annexation to the
east.
Planning and Zoning Board Recommendation -
The Planning and Zoning Board will conduct a public hearing on the request
for annexation and zoning at its regular monthly meeting on July 24, 1989,
and will make its recommendation at that time. The Board's recommendation
will be forwarded to the City Council in time for the public hearing and
first readings of the annexation and zoning ordinances."
Councilmember Edwards made a motion, seconded by Councilmember Kirkpatrick,
to adopt Resolution 89-128.
Bruce Lockhart, 2500 East Harmony Road, stated it seemed unusual to annex
only one house and expressed concern about providing City services to
one -lot annexations.
City Manager Burkett explained how street sweeping services and police
Protection would be provided to 5201 Mail Creek Lane.
Chief Planner Ken Waido stated the access to both Werner Elementary and the
Allin Annexation was through Mail Creek Lane and noted that in at least
four separate instances one -lot annexations had been approved. He outlined
the statutory provisions pertaining to annexation criteria.
The vote on Councilmember Edwards' motion to adopt Resolution 89-128 was as
follows: Yeas: Councilmembers Edwards, Horak, Kirkpatrick, Mabry, and
Winokur. Nays: None.
THE MOTION CARRIED.
(Secretary's Note: Councilmember Maxey
meeting.)
arrived at this point in the
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July 18, 1989
Councilmember Reports
Councilmember Maxey commented on the welcome reception being held at the
Colorado State University Equine Center.
Councilmember Kirkpatrick publicly thanked members of Council and staff who
assisted with her campaign for an Executive Board position at the Colorado
Municipal League conference in Breckenridge.
Mayor Winokur commented on his attendance at the reception for Lt. Governor
Mike Callahan who is touring Colorado front -range communities while
promoting Colorado Community Partnership program, known as the the Sister
City Program.
Resolution 89-135 Adopting the West
Side Neighborhood Plan as an Element
of the City's Comprehensive Plan Adopted
Following is staff's memorandum on this item:
"EXECUTIVE SUMMARY
This is a request to recommend approval of the West Side Neighborhood Plan
(WSNP), as an element of the City's Comprehensive Plan, for the
predominantly residential areas located west of the Central Business
District, north of Colorado State University, east of Taft Hill Road, and
south of Vine Drive. The West Side Neighborhood Plan is one of four
special area/neighborhood plan to be prepared for the city (the first two
to be adopted were the East Side Neighborhood Plan and the Poudre River
Trust Land Use Policies Plan, while the third is the Downtown Plan). This
neighborhood plan will establish public policies to aid decision making for
land use; housing and historic preservation; circulation and
transportation; community facilities, services, and utilities; and urban
design issues faced by the neighborhood in the future.
BACKGROUND
In the document, SUMMARY OF PERFORMANCE OF THE LAND DEVELOPMENT GUIDANCE
SYSTEM 1981-1984, several problems were noted with the utilization of the
City's new Planned Unit Development (PUD) ordinance with in -fill and
redevelopment proposals in older neighborhoods of the community. Some of
these problems were not the fault of the LOGS and its basic philosophies,
but rather with the lack of appropriate detailed planning at the
neighborhood level. For example, a new PUD, in the fringe areas of the
community is required to be consistent with an overall master plan for a
larger area in which the PUD will locate. However, decisions regarding
in -fill and redevelopment PUDs were being made without the benefit of an
overall master plan for the surrounding neighborhood. Such items as the
' proper mixing of land uses and the increasing of residential densities, as
called for in the City's Comprehensive Plan, versus urban design and
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July 18, 1989
neighborhood compatibility issues were being resolved on a case -by -case '
basis.
In order to rectify these and other problems, the Planning Department
initiated a program designed to develop special area/neighborhood plans for
the older portions of the city. One of the major purposes of these plans
was to be an aid to decision making concerning in -fill and redevelopment
proposals made through the LDGS. Two such plans, the East Side
Neighborhood Plan and the Poudre River Trust Land Use Policies Plan, have
been adopted by the City Council as elements of the overall City
Comprehensive Plan. The West Side Neighborhood Plan and the Downtown Plan
will complete this master, plan level of planning for the city's oldest
neighborhoods. Additional neighborhood plans may be necessary for sections
of the community containing relatively large undeveloped areas located
within established residential neighborhoods or sections which are
experiencing or could experience redevelopment pressures.
An extensive citizen participation process was used to obtain neighborhood
resident's ideas and experiences for integration into the WSNP. The
planning process started in September and October of 1987 when publicly
announced "scoping meetings" were held to raise and document neighborhood
resident's issues and concerns. In November a volunteer Plan Steering
Committee was formed consisting of residents from each section or subarea
of the neighborhood, businesspeople and one representative from CSU's
administration and one from its student body. The Plan Steering Committee
was to help the staff and consultants, Bramhall & Associates and Foxfire '
Community Planning and Development, develop the WSNP. The Committee met
several times from November 1987 through April 1988 to prepare a draft
version of the WSNP. Newsletters describing and summarizing the steps of
the planning process were mailed to those who had attended the scoping
meetings and to the members of the Planning and Zoning Board and City
Council. A Draft Report #1 was prepared and presented to the Plan Steering
Committee for review and comment. Revisions were then made and a Draft
Report #2 was prepared in March of 1988. Draft Report #2 was presented at
two public meetings, one held on April 13, 1988, and the other held on June
1, 1988, to solicit general public comments on the proposed plan. Based on
the comments from the public during the two meetings, comments by City
staff, and phone calls and meetings with individual citizens, a Draft
Report #3 was prepared for review and adoption by the Planning and Zoning
Board.
On July 11, 1988, the Planning and Zoning Board conducted a public hearing
and voted to recommend approval to the City Council of the West Side
Neighborhood Plan (as presented in Draft Report #3) with the exception of
Chapter 5, Circulation and Transportation. Most of the public comments
presented at the July 11 hearing dealt with concerns of the policies and
recommendations contained in Chapter 5. The Board requested that staff and
the consultants review the policies and recommendations of Chapter 5.
Chapter 5 Revision Process
F
l9M.2
July 18, 1989
' Staff and the consultants reviewed Chapter 5 and made several changes and
additions to the chapter based on comments presented by the public to the
Planning and Zoning Board. Staff then presented the changes to the general
public at a meeting conducted on October 13, 1988. The new additions
attempted to include neighborhood concerns without constraining future
community -wide transportation planning options. Hearing no major
objections from the general public at the October 13 meeting, staff
returned before the Planning and Zoning Board in October 1988 for a public
hearing and formal review of the revised chapter. Several neighborhood
residents, however, again expressed concerns with the contents of Chapter 5
and the Board directed staff to again work with neighborhood residents in
an attempt to resolve the expressed issues and concerns.
Staff initiated a new citizen participation process to review and revise
Chapter 5 in December of 1988. Members of the West Side Neighborhood
Community and City Park Neighborhood Association neighborhood groups as
well as members of the initial West Side Neighborhood Plan Steering
Committee met eight (8) times from December 1988 to May 1989 with staff and
a discussion facilitator to prepare a revised version of Chapter 5.
June 15, 1989, Neighborhood Meeting
Staff conducted a general neighborhood meeting on June 15 to review and
discuss the changes made to Chapter 5 with neighborhood residents. Only
' eight (8) residents attended the meeting, no new issues were raised or
discussed.
Revised Chapter 5:
In summary, the revised Chapter 5 includes:
1. More discussion relating to the need to preserve the residential
character of older neighborhoods.
2. More discussion concerning pedestrian and bicyclists concerns, issues,
and problems.
3. Recognition that the comprehensive re -assessment of transportation
needs started by the City in late 1988 will influence the outcome of
the WSN Plan.
4. Discussion of the impacts of CSU on the neighborhood.
5. Discussion of the conflict between community -wide needs for improved
sub -standard arterial streets and neighborhood needs to preserve the
character of residential areas; and a listing of criteria used to
determine the need for street widening and option available to delay
street widening.
' 6. Discussion of past community -wide transportation planning efforts.
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July 18, 1989
7. Discussion of the socio-economic and spatial distribution of growth '
projections which formed the basis for earlier transportation plans and
the need to update that data before final conclusions are reached.
B. Listing of specific operational deficiencies and problems with the
current transportation system.
9. Presentation of twelve (12) policies to guide decision making
concerning transportation issues within the WSN covering:
a. Functional classification of streets (arterial, collector, and
local)
b. Parking and enforcement of parking regulations
c. Pedestrian and bicycle concerns
d. Speed limits
e. Handicapped person concerns
10. Presentation of ten (10) implementation actions designed to assure
that the goals and policies contained within the WSN Plan are carried
out including:
a. Engineering standards
b. Citizen participation '
c. Process for reviewing and solving transportation problems
d. Parking study for needs and design solutions
e. Bicycle transportation improvements
f. Involvement of CSU in neighborhood issues
g. Enforcement of speed limits
Attached is a copy of the WSNP including the revised Chapter 5. Included
is a summary of the major changes made in the WSNP from Draft #2, as well
as the comments from the public meetings of April 13 and June 1, 1988. In
addition, all written comments, on the WSNP, most refer to Draft #2,
received by the Planning Department are also attached. Also included is a
detailed summary of the major changes made to Chapter 5 since October 1988.
Staff recommends approval of the neighborhood plan.
The Planning and Zoning Board voted to adopt and recommend approval to the
City Council of the WSNP. Attached is a copy of Planning and Zoning Board
Resolution 89-5 relating to the WSNP. ,
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July 18, 1989
I
At their June 28, 1989, public hearing of Chapter 5, the Planning and
Zoning Board voted to add the following three policies to Chapter 5. A
copy of the Board's minutes is attached.
1. In considering any circulation and transportation improvements in the
WSN, primary concern should be given to preserving the residential
character with minimum disruption to the neighborhood.
2. Mountain Avenue should be protected from excessive traffic and
preserved as a parkway.
3. Additional right-of-way for traffic lanes and other purposes should be
required only as a last resort."
Councilmember Maxey made a motion, seconded by Councilmember Edwards to
adopt Resolution 89-135.
Chief Planner Ken Waido summarized the land use component of the West Side
Neighborhood Plan and outlined the transportation planning component
(Chapter 5) of the Plan. He spoke of the potential options that could be
considered should the need arise to use existing streets versus creating
new ones.
The following people spoke regarding the West Side Neighborhood Plan:
' 1. Edith Thompson, 623 Del Norte Place, expressed concerns about the
impact of vehicular traffic on the neighborhood and asked that the Plan
be approved.
2. Ron Steinbach, City Park Neighborhood Association, endorsed the Plan as
a compromise document and encouraged an early creation of a
neighborhood systems transportation planning committee.
3. Doug Swartz, 910 West Oak, advocated adoption of the Plan.
4. Mark Rosoff, 635 South Whitcomb, expressed concern for neighborhood
notification regarding neighborhood development.
5. Dan Siegfried, 1002 West Magnolia, urged adoption of the Plan.
Councilmember Kirkpatrick supported the Plan and stated she believed
adoption would add to the understanding of land use on a human scale. She
noted the importance of the neighborhood transportation committee and
encouraged work to begin on the small capital projects that are included in
the implementation of the West Side Plan. She encouraged the upgrading
unimproved streets and commented on the proposal for a public park at
Putnam School.
Councilmember Edwards supported the adoption of the Plan and stated he
' believed it was a refinement of the current comprehensive land use
policies. He commented on the retro-active benefits that would be passed
on from older more established neighborhoods.
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July 18, 1989
Councilmember Horak indicated his support for the Plan but encouraged
changes be implemented.
'
He noted the document was useful only to a select
group of people and suggested a summary of implementation guidelines be
prepared to ensure complete ease of use and understanding. He expressed
concern regarding the Plan giving the impression that it's the
neighborhood's Plan rather than a plan prepared by a consultant with
neighborhood input.
Councilmember Mabry stated he would support the Plan, commented on the
Plan's flaws, and noted that it was the best collective plan that could
have been assembled at this time. He noted the probability of the Plan
changing as the needs of the neighborhood change and commented on the areas
of conflict between the needs, wishes, and desires of the community. He
noted the importance of staff, Council, and the neighborhood all continuing
to work together to resolve the areas of conflict.
Councilmember Maxey stated he would support the Plan and recognized the
changes and adaptations that would inevitably take place.
Mayor Winokur stated he would support the Plan and commented on the impact
of the Plan with regard to housing, facilities, and streets. He outlined
how the Land Development Guidance System interfaces with the Comprehensive
Master Plan.
The vote on Councilmember Maxey's motion to adopt Resolution 89-135 was as
follows: Yeas: Councilmembers Edwards, Horak, Kirkpatrick, Mabry, Maxey,
'
and Winokur. Nays: None.
THE MOTION CARRIED.
Ordinance No. 107, 1989 Granting an
Exemption to ESAB Automation, Inc. for
Certain Development and Utility Fees,
Adopted on First Reading
Following is staff's memorandum on this item:
"FINANCIAL IMPACT
Under the proposed Ordinance, the fees to be exempted would be reimbursed
to the appropriate General, Street Oversizing and Utility funds from City
Property and Sales and Use taxes generated by ESAB Automation, Inc. This
Ordinance would enable the City Council to waive certain fees and
appropriate funds from past year reserves to reimburse the fees thus
waived.
mylin
July 18, 1989
' EXECUTIVE SUMMARY
The proposed Ordinance makes provision for the waiver of certain fees by
the Council in recognition of the positive economic impact ESAB
Automations, Inc. will have on the economic development and job base of
the City. This determination is based on the fact that the Company is a
basic industry that will provide upward to 120 new manufacturing jobs over
a five year period in the City. These jobs will generate a cumulative
estimate of $890,487 in sales tax over a five year period. The fact that
this is an existing, expanding company that will provide additional basic
job opportunities and increased economic activity justifies, in the staff's
opinion, the Council authorizing the waiver of the above identified
development fees.
This Ordinance would appropriate an amount not to exceed $150,000 from
prior year reserves to reimburse the appropriate City funds in accordance
with the following schedule:
EXEMPTED FEE EST AMOUNT FUND
Street Oversizing $ 43,066 Street Oversizing
Building Permit 12,087 General
Plans Review 5,819 General
Water Tap (1.5") 10,000 Plant Investment
Sewer Tap 5,300 Plant Investment
' Water Rights Req. 5,400 Water
Storm Drainage 15,500 Storm Drainage
Electrical Dev. 25,000 Light and Power
EST. TOTAL APPROP. f 122,172 (Not to exceed $150,000)
BACKGROUND
Recently, the City was approached by Fort Collins, Inc. to assist in the
relocation of ESA8 Automations, Inc. to the City. The Company is presently
situated in Larimer County at two locations (1900 East Lincoln and 1941
Heath Parkway). It is the desire of the Company to consolidate its
location in Fort Collins.
Analysis
Economic development incentive packages vary from community to community.
Along the front range a number of programs exist ranging from enterprise
zone to fee waivers to tax increment financing.
Fort Collins offers a variety of intangible incentives including an
outstanding, attractive community, educational opportunities, quality local
government, well educated labor force, recreation opportunities, etc.
' It is the reputation of the community, its pro -business outlook, available
labor pool, access to raw materials and regional transportation network,
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July 18, 1989
and willingness of local government to invest in business through cost I
reduction techniques and incentives that will make the difference between
locating in Longmont, Loveland or Fort Collins, all else being equal.
ESAB Automation, Inc. is considering relocating and expanding its existing
robotics manufacturing and assembling facilities to within Fort Collins'
city limits. The Company proposes to construct a new 120,000 square foot
manufacturing facility on an 8.2 acre site located in the Oakridge Business
Park on Harmony Road. The Company is seeking industrial incentives in the
form an exemption from Street Oversizing Fees, Building Permit and Plans
Review fees and associated development and utility investment fees as
listed below.
Staff has estimated that the identified development and utility fees could
amount to approximately $150,000.
CITY DEVELOPMENT FEES PROPOSED FOR EXEMPTION
Street Oversizing Sewer Tap
Building Permit Water Rights Requirement
Plans Review Storm Drainage
Water Tap Electrical Development
The positive economic and fiscal indicators of the Company locating in Fort
Collins are presented below. The source of information is £SAB Automation,
Inc.
o This is a basic industry involved in the manufacture of flame '
cutting equipment, including robotic arc welding machines.
o Estimated Annual Product Sales for 1989 is $30,000,000.
Projected Annual Product Sales for 1994 is $42,000,000.
o The Company will add an estimated 120 new positions between 1990
and 1994.
o The present wage structure of the company meets the self sufficiency
objectives of the Industrial Incentive Program as outlined in City
Ordinance No. 91-89:
100 percent of full-time employee's total compensation exceeds 1.5
times minimum wage.
Nine percent of full time employee's total compensation
is below 1.8 times minimum wage. (Criterion is not more than
25 percent.)
Seventy percent of the 'full time employee's total compensation
is in excess of 2.24 times minimum wage. (Criterion is at least
20 percent.)
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July 18, 1989
0
0
0
0
0
1988 Reported Total Payroll
1994 Projected Total Payroll
1988 Average Salary of Employee
1994 Projected Ave. Salary
f 7,806,280
$ 11,238,280
$ 23,234 (1988 payroll / 336 emp.)
$ 24,645 (1994 payroll / 456 emp.)
Estimate of Potential Sales Tax by Select Years
1988 (Total Payroll x .01925) $ 150,271
1994 (Projected Payroll x .01925) $ 216,337
Estimate of City Property Tax f 11,118.
Estimate of City Use Tax $ 48,235
Reimbursement of waived fees is proposed in the attached Ordinance to be
derived from one-time City Use Tax ($48,235) and nine years of dedicated
City Property Tax at $11,118 per year. ($48,235 + [9.153 x $11,118]) _
$150,000"
Councilmember Mabry withdrew from discussion and vote on this item due to a
perceived conflict of interest.
Development Services Director Mike Davis summarized the details of the
incentive proposal.
Councilmember Maxey made a motion, seconded by Councilmember Edwards, to
adopt Ordinance No. 107, 1989 on First Reading.
City Manager Burkett commented on future plans for the re -payment of the
one-time sales and use tax credits.
Pete Mathis, ESAB, Inc., spoke of the company's community involvement
including donations, sponsors, tours, demonstrations, and technical support
and outlined its affirmative action program. He spoke of the expansion
opportunities, the fee waiving issues, and the company's growth pattern
over the past ten years and commented on the relocation issues versus
remaining in Fort Collins.
City Manager Burkett commented on the diversity achieved by retaining
industry in Fort Collins thus adding financial support to the local
economy.
Bruce Lockhart, 2500 East Harmony Road, encouraged Council to vote against
the Ordinance and disputed the estimate of 120 new jobs to be created in
the next 5 years.
Wayne Baltz, 829 Gallup Road, spoke against and encouraged Council to vote
against the Ordinance.
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July 18, 1989
Councilmember Maxey stated he would support the Ordinance and commented on 1
the financial loss the community suffers when citizens have to commute to
work outside the Fort Collins area.
Councilmember Edwards commented on the importance of promoting development
in the northern part of Fort Collins and spoke of the service demands
placed on the City by the public. He stated his discomfort with the fee
waiving issue.
Councilmember Horak stated it was difficult to make a decision regarding
the issue and pointed out that any company could come before Council and
request the same proposal. He commented on the remote possibility of the
City obtaining sales tax funds from ESAB and stated he believed Council was
not setting a good precedent.
Councilmember Kirkpatrick expressed difficulty in making a decision and
commented on the sales tax issue and the lack of economic advantage for the
community. She stated she would support an ordinance that included the
street oversizing fee waiver. She commented on ESAB's lack of an
aggressive affirmative action plan and recognized the contributions from
ESAB that demonstrate its good citizenship. She stated she would not
support Ordinance No. 107, 1989 unless there was an amendment to delete all
the fee waivers except street oversizing.
Mayor Winokur spoke of the fundamental issue focusing on economic '
development. He stated he believed the economic and financial condition of
Fort Collins warranted retaining ESAB and noted the importance of the
public and private sector's increasing role in the economy.
The vote on Councilmember Maxey's motion to adopt Ordinance No. 107, 1989
on First Reading was as follows: Yeas: Councilmembers Edwards, Maxey, and
Winokur. Nays: Councilmembers Horak and Kirkpatrick.
THE MOTION CARRIED.
Items Relating to Taft Hill Road and
Horsetooth Road Intersection Protect
(Secretary's Note: Resolution 89-136 was pulled from the Consent Agenda
and rescheduled for August 1, 1989.)
Following is staff's memorandum on this item:
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July 18, 1989
"FINANCIAL IMPACT
The cost to extend Horsetooth Road west to the collector street, which will
serve as access to the school, is $123,000. Funds for this expenditure are
available for transfer from the Taft Hi11/Laporte Intersection Project.
Annual cost savings by eliminating cost of maintaining the gravel road is
approximately $10,000 to $15,000.
The cost to extend the 20" water line is estimated to be $56,000. The
School District will reimburse the City for their portion of the actual
expenses which are estimated to be $31,500. The City's portion estimated
at $24,500 will be charged directly to the Water and Sewer Department's
Oversizing Fund.
EXECUTIVE SUMMARY
A. Hearing and First Reading of Ordinance No. 108, 1989, Transferring
Monies from the Taft Hill Road 8 Laporte Avenue Intersection to the
Taft Hill Road and Horsetooth Road Intersection Project to Fund the
Extension of Horsetooth Road.
B. Resolution 89-136 Authorizing the Director of Purchasing to Execute a
Change Order for the Extension of Horsetooth Road with the Taft
Hill/Horsetooth Intersection Project.
C. Resolution 89-137 Authorizing the City Manager to Execute an Agreement
' with the Poudre R-1 School District for the Construction of a Water
Line with the Taft Hi11/Horsetooth Intersection Project.
D. Hearing and First Reading of Ordinance No. 109, 1989 Appropriating
Unanticipated Revenue in the Taft Hill Road and Horsetooth Road
Intersection Project for the Poudre School District's Portion of the
20" Water Line.
E. Resolution 89-138 Authorizing the Director of Purchasing to Execute a
Change Order for the Extension of the 20" Water Line with the Taft
Hill/Horsetooth Intersection Project.
The Taft Hill Road and Horsetooth Road Intersection project, which is
presently under construction and is scheduled to be completed by the end of
August, will construct Horsetooth Road 400' to the west of Taft Hill Road.
The proposed actions will approve and fund the 1,100' extension of
Horsetooth Road to the west providing a paved access to the new school,
which is presently under construction and is scheduled to be open for the
fall of 1990. The extension will also connect with an existing paved
portion of Horsetooth Road, which was paved with the construction of the
Springfield Subdivision, to provide a paved access to the subdivision.
Prior to constructing the street extension a 20" water line must be
installed. The water line will serve the new school..and future development
to the west of Taft Hill Road. Construction of the street and water line
' extensions could begin on August 11, once funds are available, and could be
completed by the end of September.
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July 18, 1989
BACKGROUND 1
The intersection project includes the construction of all four legs of the
intersection to arterial street standards. The arterial street standard is
a 70' wide street with curb, gutter and sidewalks, four travel lanes, a
left turn lane and bicycle lanes. The pavement for the intersection will
be concrete with 300' concrete approaches on the deceleration lanes and
150' concrete pads on the acceleration lanes.
The extension of Horsetooth Road will involve extending the 20" water line
and then constructing the north half of the arterial street to provide two
traffic lanes, two bicycle lanes, curb, gutter and sidewalk on the north
side. The paved surface will eliminate the air pollution caused by the
dust, eliminate the high weekly maintenance cost, and will provide a paved
access to the school, mobile home park, and subdivision. The sidewalk and
bicycle lanes will provide safe access for the bicyclists, students and
pedestrians. See the attached sketch of the proposed extension. The cost
breakdown is shown below:
HORSETOOTH ROAD EXTENSION BUDGET
Design and Construction Management t 8,000
Surveying, Inspection, and Testing 5,000
Construction 100,000
Contingency 10,000
Total Project Budget t123,000
Funds for this expenditure are available for transfer from the Taft
Hi11/Laporte Intersection Project.
WATER LINE EXTENSION BUDGET
School District $31,500
City W&S Oversizing Fund 24,500
a aaavaa
Total Water Line Budget S55,DDD
Staff and City Council have been working with the School District to
provide paved roads to the new school and this effort will build Horsetooth
Road as part of the access to the new school. If Horsetooth Road is to be
extended this year as a part of the intersection project, these actions
must be approved so that a change order can be processed in time to allow
the contractor to construct the extension before winter.
The conceptual design report for the Taft Hill Road and Laporte Avenue
Intersection states that the intersection presently operates at the highest
level of service "A", and with traffic projections will still operate at
level "A" in ten years with existing conditions. The attached engineering
staff report recommends that the Funds needed for the Horsetooth Road
extension be taken from the Taft Hill Road and Laporte Avenue Intersection
project. Both projects are 114 cent sales tax projects. '
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July 18, 1989
Presently Horsetooth Road west of Taft Hill Road is a gravel two lane road
which provides access to the University Mobile Home Park, the Springfield
Subdivision, and the school construction site. The City is maintaining the
gravel road, which requires blading the surface twice a week to provide a
smooth surface and watering the surface twice a day five times a week to
control the dust, at a cost of $350 per week during the summer months and
$200 per week during the winter months. Annual costs of maintenance are
estimated to be $10,000 to $15,000.
RECOMMENDATIONS:
Staff has worked with the School District and the area developers for the
past seven months to reach an agreement regarding the funding of the
extension of Horsetooth Road. Staff recommends that the City fund the
extension of Horsetooth Road to eliminate the dust, eliminate the City's
high weekly maintenance costs, and to provide a paved access to the new
school and area residents. By constructing the water line and street
extension as a part of the intersection project the City can take advantage
of the low construction costs received for the intersection project and
have the improvements completed by the end of September.
Staff recommends that these actions be approved."
Councilmember Horak withdrew from discussion and vote on this item due to a
perceived conflict of interest.
' City Manager Burkett commented on the agenda items focusing on the 1990
school site and its access.
Director of Engineering Gary Diede outlined the three key issues for
Council consideration; the transfer of funds from the Taft/Laporte
intersection project to the Taft/Horsetooth intersection project, authority
for the City to build the 20" waterline, and consideration of deleting the
project improvements on Taft Hill/Laporte intersection from the 1/4 cent
sales tax project. He presented a slide video and responded to questions
from Council.
Councilmember Kirkpatrick commented on the progress that the City and the
school district have made relative to safe access to the school site. She
stressed that the collective items are not intended to set a precedent in
the way the City and the school district work together. She stressed the
school district should not assume that there will be any future oversizing
reimbursement as a result of this proposal. She commended the school
district and the City for their joint effort to provide safe access to the
school site.
Councilmember Edwards encouraged approval of the Ordinances due to the
importance of resolving the differences between the school district and the
City in terms of roads and school locations. He pointed out the equal
' importance of building schools and construction of streets, sewer,
electric, and storm drainage lines. He encouraged finding new ways to
cooperate.
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July 18, 1989
Councilmember Mabry encouraged written documentation of the progress being '
made between the school district and the City thus establishing a clear
understanding of each entities rights and responsibilities.
Mayor Winokur commented on the good working relationship between Council
liaisons and school district representatives and encouraged continued
efforts between the organizations to jointly represent the needs and
interests of the community. He stated he hoped to see a long term
agreement which would resolve how the citizens and tax payers will pay for
the cost of constructing new schools and necessary streets.
Councilmember Kirkpatrick made a motion, seconded by Councilmember Edwards,
to adopt Ordinance No. 108, 1989 on First Reading. Yeas: Councilmembers
Edwards, Kirkpatrick, Mabry, Maxey, and Winokur. Nays: None.
(Councilmember Horak withdrawn)
THE MOTION CARRIED.
Councilmember Mabry made a motion, seconded by Councilmember Kirkpatrick,
to adopt Resolution 89-137. Yeas: Councilmembers Edwards, Kirkpatrick,
Mabry, Maxey, and Winokur. Nays: None. (Councilmember Horak withdrawn)
THE MOTION CARRIED.
Councilmember Edwards made a motion, seconded by Councilmember Mabry, to ,
adopt Ordinance No. 109, 1989 on First Reading. Yeas: Councilmembers
Edwards, Kirkpatrick, Mabry, Maxey, and Winokur. Nays: None.
(Councilmember Horak withdrawn)
THE MOTION CARRIED.
Councilmember Kirkpatrick made a motion, seconded by Councilmember Edwards,
to adopt Resolution 89-138. Yeas: Councilmembers Edwards, Kirkpatrick,
Mabry, Maxey, and Winokur. Nays: None. (Councilmember Horak withdrawn)
THE MOTION CARRIED.
Ordinance No. 110, 1989, Appropriating
Prior Year Reserves for Library
Funding Adopted on First Reading
Following is staff's memorandum on this item:
"FINANCIAL IMPACT
This Ordinance appropriates $93,578 in prior year reserves to improve
library services.
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July 18, 1989
' BACKGROUND
In response to Council consensus at the April 11 worksession, staff
developed a plan for increased library funding for 1990. This plan
supports popular, heavily used mainstream library service.
Because of general City budget constraints over the past few years, the
provision of Library Services has not been able to keep pace with demand.
In 1987, Council directed the Library Board to study citizen demand for
services. This study was presented in 1988. The study found significant
needs exemplified by these summary statistics. Library circulation has
increased 35% in the last five years and is currently up 7% over 1988.
Reserves are currently up 33% over 1988. The library has 55,449 active
users. The funding proposal was designed to address this demand.
At the June 27 worksession, Council requested staff put together a
supplemental request for increased funding in 1989 that will begin
immediately to address these service needs. This will allow the library to
move sequentially toward increased funding in 1990 by partially funding
needed library materials, equipment and staff in 1989.
The focus of the following suggested items for funding is on adding
materials. The equipment and personnel requests are to support this
increase in materials or to address the most serious service shortfalls.
Materials
Rebind 1% of book collection - 1.937 books @ $4 00/book = $ 7,748
The book collection has received hard use over the past 4-5 years and
it would be useful and cost effective to rebind books which are
presently circulating in poor or mended condition. Many books,
important to the library collection and in demand by the public, are
not replaceable because the titles are no longer available for
purchase.
Rebinding costs are 50 to 75% less than the cost of a new book.
II&ic4 r 4p1VrvA1mece1y )I[ UUICODV = $18,000
General city budget constraints over the past few years have curtailed
the library's ability to purchase multiple copies of popular
children's picture book titles. Picture books are a high demand item.
In 1988 11,911 picture books were checked out 124,686 times. This is
a catch up expense.
Children's easy readers - 2 added copies of 400
titles @ approximately $8 00/coop = f 6,400
' This is a one-time catch up expense and build this collection to 6,467
copies of 2,146 titles. Easy reader circulation in 1988 was 45,099.
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July 18, 1989
hree
= f 1,500
New editions will provide current reference materials for grade school
children. Currently held copies will be retained for check-out.
= $12,000
Funding for the purchase of additional copies of popular titles will
reduce the number of reserves and the time that adult library users
now wait for books. There were 1,274 adult reserves in June, 1989.
The waiting period for reserve books now ranges from three weeks to
thirty weeks. The goal is to reduce the maximum waiting period to ten
weeks on the most popular titles.
f 2,250
Spoken audio tapes have become one of the most popular items for
library checkout. The library has a small collection to meet a big
demand. For example, of the 63 titles of multi -cassette motivation
tapes in the library collection, 77% are on reserve. Of the 77%, 14
or 29% have over 10 reserves. One example, "Road Less Traveled" by M.
Scott Peck, has 44 reserves.
Purchase of 50 sets of popular multi -cassette tapes will cut the
waiting time in half.
Business and consumer reference materials = $10,000
To strengthen information services to adult, non -student users who
rely upon the Fort Collins Public Library as their primary source of
factual data we need to provide more varied and sophisticated sources
of business, governmental and consumer information. These reference
materials are expensive, e.g., Best's Insurance Reports:
Property -Casualty (one vol.) $375, and Dun and Bradstreet's Million
Dollar Directory (four vols.) = $990. These funds will build a more
professional reference collection.
- S 8,000
In 1988 library users checked out 6,348 paperbacks 44,906 times. This
is a cost effective and popular service, meets specific. needs for
mystery, science fiction and romance readings and is a cost effective
way of providing added copies of popular titles.
Equipment
Additional paperback shelving
= f 1,230
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July 18, 1989
' This rack would provide space to shelve and display 900 additional
paperback books.
$ 4,200
Epson PC and laser scanner f 3,000
Typing stand or table and chair 1,000
Miring and lines 200
f 4,200
This equipment will be moved in when needed to reduce checkout time
and the length of the lines at the circulation desk. It will be used
in the Children's Services staff area when not in use for materials
checkout.
Booktrucks - 15 booktrucks @ $135/truck . f 2,025
Increases in the materials budget will lead to an increase in
materials circulation. More book trucks are needed to handle the load
and facilitate prompt reshelving and enhanced availability.
Bill Changers - 2 @ $1 000/changer . $ 2,000
' The two public copy machines are heavily used - about 350,000
copies/year. The coin boxes will take nickels, dimes and quarters.
For change library users have to get in line at the book return desk
and have a staff member make change for them.
Bill changers on the wall adjacent to each copy machine will enable
the public to make their own change and avoid waiting in line.
- Circulation staff will be freed from making change and able to more
promptly check books in and out which should help reduce the length of
the lines in the lobby.
$ 3,800
This additional equipment will be used to expedite the processing of
new materials.
Personnel - $14,425
These funds will provide for hourly/temporary help through December 30
to support the ordering and processing of new materials and to provide
additional help for check-out/check-in. These -people will not be
classified employees and will not increase the number of authorized
' library personnel.
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July 18, 1989
This will expedite getting the new materials funded by this I
appropriation on the shelf for public use and will reduce the waiting
lines at the checkout desk.
TOTAL . $93,578
The intent of this proposal for 1989 is to begin to immediately address the
library's most serious needs. It also allows for sequencing of purchases
and a more orderly process to improve library service through the 1990
budget year."
Councilmember Kirkpatrick made a motion, seconded by Councilmember Edwards,
to adopt Ordinance No. 110, 1989, on First Reading.
Director of Cultural, Library and Recreational Services Mike Powers
summarized the proposal for service, funding needs, and the one-time
purchase of equipment.
Library Director Jane Davis summarized the turn -around time on materials
being checked out.
Councilmember Horak commended staff for proceeding with the issue and for
including the details and background information. He stated he would
support the motion.
Councilmember Kirkpatrick expressed her satisfaction with the item and I
stated she was looking forward to the 1990 Budget allocations for the
library.
Mayor Winokur expressed his support and commended staff for its hard work
on the item.
The vote on Councilmember Kirkpatrick's motion to adopt Ordinance No. 110,
1989 on First Reading was as follows: Yeas: Councilmembers Edwards,
Horak, Kirkpatrick, Mabry, Maxey, and Winokur. Nays: None.
THE MOTION CARRIED.
Ordinance No. 111, 1989, Amending
Sections 2-49, 2-50, 2-51 and 2-55 of
the Code Relating to the Council
Appeals Process. Adopted on First Reading
Following is staff's memorandum on this item:
"EXECUTIVE SUMMARY
This Ordinance, if adopted' would, amend the Council.. appeals process so as
to require that an appellant, in submitting a notice of appeal, must not '
only recite the allegations of error but must also include a summary of the
facts in the record which support the allegations. Other changes would
1�I-m
July 18, 1989
' clarify certain details about how an appellant is notified of any defects
in the notice of appeal. Finally, the ordinance would permit the normal
procedure at the hearing on appeal to be modified in the case of multiple
appeals.
During recent appeals to the City Council, certain issues have arisen with
regard to procedure. The intent of this Ordinance is to address these
issues.
First, there is a proposed change to Section 2-49 of the Code which would
require that appellants specify, in the notice of appeal, those facts which
support their allegations. This would enable Council to make a more
meaningful decision as to whether an appeal warrants a hearing.
Notwithstanding the existing requirement that a notice of appeal include
"specific allegations of error," notices of appeal are frequently mere
recitals of the permissible grounds upon which an appeal can be taken,
quoted more or less verbatim from Section 2-48 of the Code. This
prevailing practice does little to inform the Council whether or not the
stated grounds have any support at all in the record and whether the appeal
should be heard. Under the Code, the Council is required to make a
preliminary determination at the hearing whether the written grounds for
appeal conform to the requirements of Section 2-48; this change is intended
to provide Council with better information for making this determination.
Secondly, Section 2-50 would be amended by this proposed Ordinance in two
respects:
(a) Under this section, the City Clerk is presently required to
notify an appellant in writing of any defects in the appeal as
determined by the City Attorney's review. The first proposed
change to this section would clarify that the effective date of
this notice is the date of mailing. This would eliminate any
uncertainty as to whether the City Clerk has complied with the
requirements of this section.
(b) The second proposed change in the wording of this section
would impose an additional responsibility upon the City Clerk to
affirmatively advise the appellant of the date by which an
amended notice of appeal must be filed under the particular
circumstances of that appeal.
The third proposed change to the appeals process would be to Section 2-51
of the Code. This change would merely clarify that the amended notice of
appeal must contain the same information as was required in the first
instance for the original notice of appeal.
Finally, a change is also suggested to Section 2-55.of the Code to clarify
that the Mayor may modify the procedure for the presentation of appeals in
' the case of multiple appeals of the same decision. At present, no specific
process is provided for such a situation."
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July 18, 1989
City Attorney Roy summarized the changes in the appeal process that would I
take place if Ordinance No. 111, 1989 was adopted.
Councilmember Mabry made motion, seconded by Councilmember Horak, to adopt
Ordinance No. Ill, 1989 on First Reading.
Councilmember Kirkpatrick made a motion to amend Ordinance No. 111, 1989,
seconded by Councilmember Horak, to delete the word "Mayor" in Section D
and inserting "Council by majority vote".
Councilmember Kirkpatrick spoke to the amendment and the desirability of
having Council make decisions on a multiple appeal process.
Councilmember Horak stated he believed Council should have the power to set
the rules at the appeal.
Mayor Winokur commented regarding presiding over a meeting and conducting
the meetings in an orderly fashion.
Councilmember Edwards commented on the appellants receiving due process.
The vote on Councilmember Kirkpatrick's motion to amend Ordinance No. 111,
1989 was as follows: Yeas: Councilmembers Edwards, Horak, and
Kirkpatrick. Nays: Councilmembers Mabry, Maxey, and Winokur.
THE MOTION FAILED. I
Councilmember Horak commented that the Ordinance did not deal with the
concerns previously expressed regarding timeliness, fairness, due process,
and law suit potential.
Mayor Winokur commented on the changes in Section 4 regarding time
management, clear guidance, and due process. He stated this will help
appellants and respondents focus on the appeal issues, will provide
guidance for staff, and will enable Council to make good decisions.
The vote on Councilmember Mabry's motion to adopt Ordinance No. 111, 1989
on First Reading was as follows: Yeas: Councilmembers Edwards,
Kirkpatrick, Mabry, Maxey, and Winokur. Nays: Councilmember Horak.
THE MOTION CARRIED.
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July 18, 1989
' Ordinance No. 112, 1989, Amending Chapter 2
of the Code so as to Establish Certain
Rules of Ethical Conduct and to Create
an Ethics Review Board for the Council
and Members of Boards and Commissions
of the City. Ado ted on First Reading
Following is staff's memorandum on this item:
"EXECUTIVE SUMMARY
The proposed Ordinance, if adopted, would establish certain rules of
conduct for officers and employees of the City to supplement the newly
enacted provisions of the City Charter. It would also codify the existence
of an Ethics Review Board which would review questions pertaining to
possible conflicts of interest of Council members and the members of City
boards and commissions.
BACKGROUND
Ethical Rules of Conduct
The first section of the proposed Ordinance would add
a new section to
the
Code establishing rules of conduct for all officers
and employees of
the
City in areas not covered by the newly adopted Charter provisions
on
'
conflicts of interest. The first of these areas
disclosure of confidential information by officers
has to do with
or employees of
the
the
City. This issue is presently addressed for both
Council members
and
members of City boards and commissions by an existing
Policy Statement
on
Ethics (which would be repealed by the last section of
the Ordinance).
The
existing provision is as follows:
A Councilmember (or board or commission member) should refrain
from disclosing confidential information concerning the affairs
of the City. Further, a Council member (or board or commission
member) should refrain from the use of such confidential
information to advance the financial or other private interests
of the Council member or others.
The new proposed rule, which would extend to all officers and employees of
the City, would be the following:
An officer or employee shall not disclose or use information
received in confidence as an officer or employee to advance the
financial or personal interests of the officer or employee or
others, nor shall such confidential information be disclosed by
the officer or employee if, in the judgment of a reasonably
prudent person, such disclosure would, at the time of disclosure,
injure the financial interests of the City.
The second area addressed by the new rules of conduct which would be
established by this Ordinance has to do with the appearance of Council
&I:b-V
July 18, 1989
members before City Council or boards or commissions of the City. Again, '
at present, this issue is addressed by the Policy Statement on Ethics.
As to Council members, the Policy Statement presently states as follows:
A Councilmember should refrain from representing any person or
interest for compensation before the City Council or any board or
commission of the City.
As to members of City boards and commissions, the present rule is:
A member of a board or commission should refrain from
representing any person or interest for compensation before the
City Council or any board or commission of the City on any matter
which pertains to the function or activity of the board or
commission on which such member serves.
The new rule which would be established by the proposed Ordinance is as
follows:
No Council member shall represent any person or interest before
the City Council or any board or commission of the City.
The reason that the proposed new rule extends only to Council members is
that the newly revised Charter provides, in Article IV, Section 9(b)(3)
that any officer or employee (the definition of which includes both members ,
of City boards and commissions and classified employees) who has a
financial or personal interest in any decision of any public body of which
he or she is a member or to which he or she makes recommendations shall
refrain from attempting to influence such decision. Thus, this rule would
already prohibit members of boards and commissions and employees of the
City from appearing before or attempting to influence the decisions of
boards or commissions on which they sit or to which they make
recommendations. Council members, however, would not be prohibited from
appearing before boards and commissions in the absence of the new rule
provided by this Ordinance.
The third area covered by the rules of conduct contained in the proposed
Ordinance is that pertaining to gifts and favors. At present, under the
Policy Statement on Ethics, both Council members and the members of City
boards and commissions are prohibited from "accepting gifts or favors or
promises of future benefit which might compromise or tend to impair
independence of judgment or actions as a board or commission member."
Classified employees of the City are prohibited by the provisions of the
City's Personnel Nanual from "accept(ing) gifts or favors from people who
do business or want to- do business with the City." The new proposed rule
of conduct on this subject is patterned after the comparable state statute
and .would define with greater particularity the kinds of gifts or favors
that are prohibited. In certain respects, the proposed Ordinance is more
restrictive than the state statute, in that it deletes the state exemptions ,
for "occasional nonpecuniary gifts, insignificant in value" and "payment
for speeches, debates or other public events reported as honorariums:"
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July 18, 1989
IEthics Review Board
The existing Policy Statement on Ethics also establishes a Council ethics
board and defines its responsibilities. The proposed Ordinance would
modify the board's scope of review and its procedures. It would also
include the Ethics Review Board among the boards and commissions contained
in the Code. Under this Ordinance, the Ethics Review Board would be
empowered to review and render advisory opinions regarding actual and
hypothetical situations of both Council members and the members of City
boards and commissions. The Board would consist of three Council members
elected by Council and one alternate. Complaints against officers or
employees of the City which are submitted by persons other than Council
members could be submitted to the Board only by a majority vote of the
Council. Complaints or inquiries of Council members themselves could be
submitted directly to the Board. In either event, the Board would render
advisory opinions and recommendations to the Council, which would be filed
with the City Clerk. The responsibility for compliance with all relevant
rules of ethical conduct would remain with the individual Council member or
board or commission member."
Councilmember Horak made a motion, seconded by Councilmember Mabry, to
adopt Ordinance No. 112, 1989 on First Reading.
City Attorney Roy outlined the Ordinance provisions regarding payment for
' speeches and honorariums.
Councilmember Maxey stated that he believed that a City employee should not
be paid for speaking because they are already being paid by the City, and
noted the implication regarding Councilmembers making a speech at a public
event. He noted that if the ordinance provisions on honoraria are not
clear, Councilmembers may be uncertain about their ability to volunteer
time for speaking engagements.
City Attorney Roy described how the Charter would supercede State statute
and commented on the effect of deleting the honoraria exemption.
Councilmember Kirkpatrick stated that staff might consider proposing an
amendment to Ordinance No. 112, 1989 Second Reading that would prohibit
honoraria.
Councilmember Horak agreed with Councilmember Kirkpatrick.
The vote on Council member'Horak's motion to adopt Ordinance No. 112, 1989
on First Reading was as follows: Yeas: Councilmembers Edwards, Horak,
Kirkpatrick, Mabry, Maxey, and Winokur. Nays: None.
THE MOTION CARRIED.
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July 18, 1989
Resolution 89-139 Authorizing '
Various Surplus Funds be Held
in Reserve for Future Uses Adopted
Following is staff's memorandum on this item:
"FINANCIAL IMPACT
At the Worksession of June 13, staff brought to Council a budget issue
related to approximately $3.1 million of one-time funds which have
accumulated. At that time, Council expressed its desire to withhold
direction on the use of these funds until the matter could be considered
further.
Subsequently at the regular meeting of June 20, Council directed that staff
prepare an agenda item for consideration which would express Council's
formal policy that these funds be held in reserve until such time as
direction is given. This resolution accomplishes that intent.
The resolution specifically states that the funds shall be held in reserves
and shall not be expended except by formal action of Council by Ordinance.
It further states that the City Manager's Recommended Budget shall show
these funds in reserve pending Council direction."
Councilmember Horak made a motion, seconded by Councilmember Mabry, to '
adopt Resolution 89-139.
Bruce Lockhart, 2500 East Harmony Road, spoke to the potential of using the
excess 1/4 cent sales tax as a property tax refund.
The vote on Councilmember Horak's motion to adopt Resolution 89-139 was as
follows: Yeas: Councilmembers Edwards, Horak, Kirkpatrick, Mabry, Maxey,
and Winokur. Nays: None.
THE MOTION CARRIED.
Other'Business
Councilmember Horak commented on the sidewalk extension work at Edora Park
and requested staff look at the lack of sidewalk on Mulberry by the Golf
Course. He requested additional information regarding the timing of the
1989 concrete improvement program which begins in mid August and conflicts
with the school year.
Councilmember Kirkpatrick expressed the need for requirements for fences
around swimming pools for safety.
Councilmember Kirkpatrick made a motion, seconded by Councilmember Horak,
requesting staff provide information on regulating fences around swimming '
July 18, 1989
' pools. Yeas: Councilmembers Edwards, Horak, Kirkpatrick, and Winokur.
Nays: Councilmembers Mabry and Maxey.
THE MOTION CARRIED.
AdJournment
Councilmember Maxey made a motion, seconded by Councilmember Horak, to
adjourn the meeting. Yeas: Councilmembers Edwards, Horak, Kirkpatrick,
Mabry, Maxey, and Winokur. Nays: None.
The meeting adjourned at 10:40 p.m.
Mayor
mm