HomeMy WebLinkAboutMINUTES-07/02/1991-Regular1
July 2, 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
July 2, 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, Fromme, Horak, Kirkpatrick and Maxey. Nays: None.
Councilmembers absent
Staff Members Present
Winokur
Burkett, Krajicek, Roy.
Citizen Participation
Mayor Kirkpatrick presented the plaques to the following individuals in
appreciation of at least eight years service on various boards and commissions:
Chuck Wanner - Downtown Development Authority.
Nancy Jackson - Commission on Disability.
Dick Zubrandt - Golf Board.
Dennis Sinnett - Building Review Board.
Carol Fahring representing the Parks and Recreation Department and speaking as
Team Captain for the City's Partners Superstar Team, recognized the Partners
Superstar Team and presented team trophies to the Mayor.
William Kay, 301 North Whitcomb, thanked staff for their prompt response to his
previous requests and spoke of concerns regarding stormwater drainage in his
neighborhood.
Agenda Review
City Manager Steve Burkett noted revisions to Resolution 91-88 and Resolution
91-101 were included in Council packets.
Consent Calendar
This Calendar is intended to allow the City Council to spend its time and energy
on the important items on a lengthy agenda. Staff recommends approval of the
Consent Calendar. Anyone may request an item on this calendar to be "pulled"
the Consent Calendar will be considered separately under Agenda Item #26, Pulled
Consent Items.
No
1 255
1.
91
July 2, 1991 t
System.
The City of Fort Collins was awarded a grant from the Ford Foundation in
the amount of $100,000 for advancing the goals and objectives of the Land
Development Guidance System. The activities that will be pursued are
designed to improve the performance of the LDGS. This Ordinance, which
was unanimously adopted on First Reading on June 4, appropriates the
unspent funds from this grant, $30,113.46, to be used for the "neighborhood
compatibility" guidelines project and the completion of the neighborhood
signage project.
Program.
The 1991 Concrete Improvement Program is the seventh year of an annual
program to encourage property owners to construct, repair, replace and
maintain their concrete curb, gutter and sidewalks. This program is
voluntary on the part of the property owners. To encourage participation
by property owners, the City splits the cost of construction with the
property owners (50/50), hires the contractor, and oversees the
construction. In addition to paying 50 percent 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 City also pays for extending sidewalks across
irrigation canals, alleys or other public property. This Ordinance, which
was unanimously adopted on First Reading on June 4, appropriates $50,000,
the amount we anticipate receiving from participating property owners
(unanticipated revenue) for the 1991 program.
The electric motors which control the water temperature for the showers
at EPIC are not functioning correctly, causing the showers to suddenly go
from cold to very hot water. This has created a safety problem. This
problem is being dealt with on a temporary basis_by turning down the hot
water temperature; however, when the' water for the showers does mix
correctly, the water temperature is too low for a comfortable shower. For
safety reasons, the electric motors for the shower units need to be
replaced.
This Ordinance, which was unanimously adopted on First Reading on June 4, '
appropriates $10,000 from the Building and Improvement Reserves in the
256
10.
12.
13.
July 2, 1991
General Fund, transfers that amount to the Recreation Fund and appropriates
the funds for replacing the electric motors for the shower units at Edora
Pool & Ice Center.
A condenser failure in March on the refrigeration unit at the Edora Pool
Ice Center resulted in emergency repairs and replacement of the condenser.
Total cost of the repairs is $64,216. This Ordinance, which was
unanimously adopted on First Reading on June 4, appropriates $64,216 from
the General Fund Reserve designated for Building and Improvements.
The City and the County own the property located at 226 West Mountain
Avenue, Fort Collins, Colorado. The property is being used as the Mountain
Cafe. The previous owners of Mountain Cafe have recently sold their
business to Khalil Kamandy. As a result, staff has negotiated a three-
year lease with an option to renew for an additional two years with Mr.
Kamandy. A new lease agreement for $25,488/year plus water, sewer, gas,,
and property tax reimbursement is being presented to Council for
acceptance. The Ordinance, which was unanimously adopted on First Reading
on June 4, would authorize the Mayor to execute the lease for 226 West
Mountain Avenue.
Currently, the Code provides that no write-in vote for City Council office
shall be counted unless the write-in candidate has filed an affidavit of
intent with the City Clerk no later than five days before the election.
This ordinance, which was unanimously adopted on First Reading on June 4,
was enacted in accordance with the Municipal Election Code in 1985.
Recently, SB 69 amended the state law to change the write-in affidavit
filing deadline to 20 days prior to the election, and staff recommends that
the Code be amended to comply with the change in the Municipal Election
Code.
The Community Development Block Grant Program provides federal funds from
the Department of Housing and Urban Development to the City of Fort Collins
257
July 2, 1991
which can be allocated to housing and community development related pro-
grams and projects, thereby reducing the demand on the City's General Fund
Budget to address such needs.
On June 4, Council held a public hearing and unanimously adopted as amended
Resolution 91-85 Adopting Fiscal Year 1991-92 Community Development Block
Grant Programs and Projects. Ordinance No. 72, 1991, which was unanimously
adopted on First Reading on June 4, appropriates the 1991-1992 federal
funds and program revenue and transfers the unexpended appropriations from
1990-1991.
14. Items Related to the Burlington Northern Southeast First Annexation and
Zoning.
A. Resolution 91-91 Setting Forth Findings of Fact and Determinations
Regarding the Burlington Northern Southeast First Annexation.
B. Hearing and First Reading of Ordinance No. 73, 1991, Annexing
Approximately 18.35 Acres, Known as the Burlington Northern Southeast
First Annexation.
C. Hearing and First Reading of Ordinance No. 74, 1991, Zoning
Approximately 18.35 Acres Known as the Burlington Northern Southeast
First Annexation, Into the T, Transition, Zoning District.
This is a request to annex and zone approximately 18.35 acres located north
of East Prospect Road, south of East Mulberry Road and east of Riverside
Drive. The requested zoning is T, Transition District. This is the
annexation of an enclave area. The property consists of the Burlington
Northern Railroad right-of-way. Any existing commercial signs will have
to conform to the City's Sign Code at the conclusion of a five year
amortization period. This annexation will not increase the total number
of off -premise signs that exist in the City of Fort Collins.
APPLICANT: City of Fort Collins OWNERS: Burlington Northern Railroad
15. Items Related to the East Lincoln Avenue Second Annexation and Zoning.
A. Resolution 91-92 Setting Forth Findings of Fact and Determinations
Regarding the East Lincoln Avenue Annexation.
B. Hearing and First Reading of Ordinance No. 75, 1991, Annexing
Approximately 38.88 Acres, Known as the East Lincoln Avenue
Annexation.
Hearing and First Reading of Ordinance No. 76, 1991, Zoning
Approximately 38.88 Acres, Known as the East Lincoln Avenue
Annexation, Into the R-C, River Corridor, Zoning District. ,
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July 2, 1991
This is a request to annex and zone approximately 38.88 acres located south
of East Lincoln Avenue, north and east of Riverside Avenue, and west of
Lemay Avenue. The annexation is comprised of ten separate parcels and
eight different owners. The City of Fort Collins owns two of the parcels.
The requested zoning is RC, River Corridor District. This is the
annexation of an enclave area.
Approximately three quarters of this area is currently vacant and
undeveloped with the remaining quarter used for various businesses and
uses. The Poudre River and the City bike trail run through this property.
Any existing commercial signs will have to conform to the City's Sign Code
at the conclusion of a five year amortization period. This annexation will
not increase the total number of off -premise signs that currently exist
in the City of Fort Collins.
APPLICANT: City of Fort Collins
OWNERS: City of Fort Collins
Western Food Products
Company, Inc.
Miller, Dwight S.
Green Bay Food Div.
c/o Trustees
PO Box 730
619 Monte Vista Ave.
La Junta, CO 81050
' Fort Collins, CO 80521
Schrader Oil Co.
Poudre Valley Creamery
320 N. College Ave.
PO Box 743
Fort Collins, CO 80524
Fort Collins, CO 80522
Bristle Charles E.
Baldwin Construction
1655 Havana Street
301 E. Lincoln Ave.
Aurora, CO 80010
Fort Collins, CO 80524
Willow Run Partnership
1565 Hummel Lane
Fort Collins, CO 80525
16. Items Related to the Huber Annexation and Zoning.
A. Resolution 91-93 Setting Forth Findings of Fact and Determinations
Regarding the Huber Annexation.
B. Hearing and First Reading of Ordinance No. 77, 1991, Annexing
Approximately 1.05 Acres, Known as the Huber Annexation.
C. Hearing and First Reading of Ordinance No. 78, 1991, Zoning
Approximately 1.05 Acres, Known as the Huber Annexation, Into the
' R-P, Planned Residential, Zoning District.
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July 2, 1991
1
This is a request to annex and zone approximately 1.05 acres located west
of Taft Hill Road and south of Drake Road. The requested zoning is the R-P,
Planned Residential District. The property is presently developed and the
property -owner operates a group home as a home occupation. The property
is currently zoned FA-1 in the County. This is a voluntary annexation.
APPLICANT: Christine (Huber) Bryan OWNER: Same
c/o Raymond S. Hale
425 W. Mulberry Street
Suite 112
Ft. Collins, CO 80521
17.
The Recreation
Division administers
several
special restricted revenue
accounts for various
programs. Some of
these reserves are in the
Recreation Fund
and
some in the General
Fund.
With the development of the
new Recreation
Fee
Policy last year,
staff
wishes to consolidate these
reserves into
the
Recreation Fund
for easier
tracking and to also
appropriate some of
the funds so they
can be
spent in 1991.
18. Items Amending
Chapter
8. Article IV
of the
Code Relating to Purchasing
I
and Cnntrartinn
19.
Hearing and First Reading of Ordinance No. 82, 1991, Amending Chapter
8, Article IV of the Code of the City Setting the Length of Contracts
which may be Executed Without Council Approval.
Hearing and First Reading of Ordinance No. 83, 1991, Amending Chapter
8, Article IV of the Code of the City Allowing for the Use of
Competitive Sealed Proposals for City Improvements and Certain Change
Orders Necessitated by the Discovery of Differing or Unforeseen
Physical Conditions at the site of an Improvement.
Ordinances A and B will implement the Charter changes approved April 2nd.
The ZILCH program was originally funded with $50,000 of Federal Revenue
Sharing money. Since its inception in 1980 ZILCH:'has met with varying
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July 2, 1991
degrees of public demand, based primarily on external influences such as
energy related tax incentives and varying energy prices and availability.
1990 enhancements to the program included ENERGY SCORE based improvements
and air quality improvements. These enhancements have increased demand
for ZILCH loans beyond available resources. There is currently a waiting
list of approximately one year. Approval of this ordinance would:
Authorize $50,000 for funding of electric energy related ZILCH loans
using funds from Light and Power's 1991 contingency appropriation.
2. Transfer the original $50,000 of
from Light and Power reserves to
the cash portion ($30,963.90) for
related ZILCH loans.
ZILCH Revenue Sharing funds
the General Fund and appropriate
the purpose of making air quality
The above appropriations will lapse at year end. In order to continue and
further expand the program, Light and Power will include a request for a
$100,000 appropriation for electric energy related ZILCH loans in the 1992
budget proposal. Similarly, Natural Resources will request a $50,000
appropriation for air quality related loans in the 1992 budget proposal.
Chapter 26, Article VII of the City Code identifies those regulations
relating to the Stormwater Utility and Section 10 of the Code relates to
Flood Prevention and Protection. Section 29-679 is amended pertaining to
required improvements prior to the issuance of certificate of occupancy.
The proposed revisions clarify areas where the Code is either ambiguous
or vague, corrects grammatical errors, and clarifies verbiage or changes
to reflect current operations to meet the objectives of the Code in the
stormwater area. The examples of revisions are: the transfer of language
from the Stormwater Utility section to the Flood Prevention and Protection
section, where it more appropriately pertains to floodplain variance
procedures; clarifying duties of the Storm Drainage Board regarding
technical or policy matters pertaining to stormwater management, and design
criteria variances; clarifying payment of Stormwater basin fees at the
time of full building permit; setting the minimum limit of 350 square feet
when basin fees are to be collected; clarifying the method of calculating
basin fees for those properties where expansions or additions are being
made on parcels with existing structures; stating the method of calculating
the monthly utility fee as it relates to the monthly operations and
maintenance fee and the monthly capital, fee; clarifying exempt properties
language as it relates to railroad right of way and irrigation ditches;
defining the authority of the Director of Utility Services as it relates
to the modifications of master plans; authorizing payment to a developer's
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21.
July 2, 1991
contractor or engineer for drainage improvements eligible for
reimbursement; expanding the method of off -site reimbursement to developers
for storage facilities; setting a time limit on where fees must be spent
after collection; and, requiring certification of drainage facilities
proper construction.
Proceeds.
This Ordinance authorizes $2,172,000 of unspent construction proceeds from
the City's 1984 General Obligation Water Bonds relating to the Anheuser-
Busch (A-B) projects to be applied to bond principal and interest as well
as incidental administrative legal fees.
Application of the excess proceeds to debt service will be made in
accordance with existing debt service schedules for the City's 1986 General
Obligation Water Bonds. Approximately $600,000 will be applied to
principal and $1.6 million to interest over the next two years.
22. Items Relating to Properties Located at 2707 South Taft Hill Road and at
2711 South Taft Hill Road.
A. Hearing and First Reading of Ordinance No. 87, 1991, Authorizing the '
Lease of 2707 South Taft Hill Road.
B. Resolution 91-95 Approving an Agreement Giving the City the Option
to Purchase the Property Located at 2711 South Taft Hill Road.
23.
The 1980 Spring Creek Master Plan identified the need for a regional
stormwater detention facility west of South Taft Hill Road. The second
and current study, dated 1988, updated the previous study and recommended
that the regional detention facility be immediately adjacent to South Taft
Hill Road. Through a preliminary design analysis staff verified this
location to be the most cost effective location.
A. Resolution 91-96 Authorizing the Mayor to Execute an
Intergovernmental Agreement with the State Department of Highways
Allocating $500,000 of the City of Fort Collins' Federal -Aid Urban
System (FAUS) Money to the Signal System Expansion Project.
Hearing and First Reading of Ordinance No. 88, 1991, Appropriating
Unanticipated Revenue in the Transportation Services Fund.
262
24.
July 2, 1991
This Resolution authorizes the approval of an Intergovernmental Agreement
with the State Department of Highways allocating $500,000 for the continued
expansion of the computerized traffic signal system. These funds are to
be used for engineering, material procurement, and installation of traffic
signals.
A request has been received from the Colorado Department of Local Affairs
asking Council to endorse a resolution supporting six national education
goals. The Poudre R-1 School Board adopted a similar resolution on June
10. These goals relate to readiness for school, school completion, student
achievement and citizenship, science and mathematics, adult literacy and
lifelong learning, and safety, discipline and freedom from drugs.
25. Routine Deeds and Easements.
a. Powerline easement from Paul G. Craft and Joan M. Craft, 1212
LaPorte, needed to underground existing overhead electric services.
Monetary consideration: $10.
' b. Powerline easement from Kyle Freestone and Carrie J. Harrod, 319
Alpert, needed to underground existing overhead electric services.
Monetary Consideration: $10.
Powerline easement from Steven Main, 605 Mathews Street, needed to
install padmount electric transformer to underground existing
overhead electric system. Monetary Consideration: $107.10 (90 sq.
ft. @ E1.19/sq. ft.).
Easement from Bethel Baptist Church, 833 South Taft Hill Road, needed
as part of the existing West Plum channel in the Canal Importation
Master Drainage Basin. It is being dedicated as part of requirements
for improvements proposed on the Bethel Baptist Church site. The
40 foot easement is large enough to allow 100 year design protection
if the Church were to improve lands to the north of the channel and
wish to remove that property from the 100 year floodplain. Monetary
Consideration: Donation.
Powerline easement from Irene W. Newcomer, Vivian L. Freeman and
William F. Freeman, 715 W. Magnolia, 'needed to underground existing
overhead electric services. Monetary IConsideration: $10.
f. Powerline easement from John W. Schlipf and Velda M. Schlipf, 1227
Juniper, needed to underground existing overhead electric services.
' Monetary Consideration: $10.
263
July 2, 1991
1
Ordinances on Second Reading were read by title by Wanda Krajicek, City Clerk.
Item #7.
Item #8.
Item #9.
Item #10.
Item #11.
Item #12.
Item #13.
Second Reading of Ordinance No. 71, 1991, Amending Section 7-103 of I
the Code Relating to the Filing Deadline for Affidavits for Write -
In Candidates.
Ordinances on First Reading were read by title by Wanda Krajicek, City Clerk.
Item #14. Items Related to the Burlington Northern Southeast First Annexatio
RE
C.
Item #15.
District.
264
1
Q
C.
Item #16. Items Related to the Huber Annexation and Zoning
A.
Resolution
Determinatic
B.
Hearing and
Approximatel
C.
Hearing and
Approximatel
Item #17. Hearing
Prior
the R-P. PIa
and First
Year Reserve
Authorizing
Item #18. Items
the Tr
Amending Ct
Purchasing and Con
A.
Hearing and
Chapter 8.
Length of C
B.
Approval.
Hearing and
Chapter 8, A
Use of Compe
Certain Cha
Differing or
Improvement.
Item #19. Hearing
and First
Item #20.
Pill
July 2, 1991
J
Item #21.
Item #22.
Item #23
Item #29.
Item #30
July 2, 1991
A.
B. Resolution 91-
Items Relating to the Expansion and Upgrade of the Computerized
Traffic Signal System.
A.
Items Related to the Service Center Fifth Annexation and Zoning.
Q
C.
Annexation.
1
Item #31. Hearing and First Reading of Ordinance No. 89, 1991, Fixing the
Salary of the Municipal Judge. '
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July 2, 1991
Item #32.
Councilmember Edwards made a motion, seconded by Councilmember Fromme, to adopt
and approve all items not removed from the Consent Calendar. Yeas:
Councilmembers Azari, Edwards, Fromme, Horak, Kirkpatrick and Maxey. Nays:
None.
THE MOTION CARRIED.
Councilmember Reports
Councilmember Azari reported briefly on the funding meeting regarding the
D.A.R.E. program she and Councilmember Edwards attended. Councilmember Edwards
noted there was an upcoming meeting for the purpose of constructing a master
plan for the program.
Councilmember Maxey noted he had received a plaque on the City's behalf,
commemorating over 100 years of weather reporting from Fort Collins.
' Ordinance No. 65, 1991,
Appropriating Revenue in the Amount
of $16,387 to the General Fund for the
Cultural Development and Programming Account,
and the Fort Collins Convention and Visitors
Bureau Contract. Adopted on Second Reading
The following is staff's memorandum on this item.
"EXECUTIVE SUMMARY
This Ordinance, which was adopted 5-0 on First Reading on June 4, appropriates
the final 1990 Lodging tax receipts as well as prior year reserves and current
year revenue in the total amount of $16,387. Lodging tax receipts for 1990 were
estimated to be $228,954 while the actual receipts totalled $234,899. This
Ordinance appropriates the additional $5,945 to be disbursed in a 25175 percent
split between the Cultural Development and Programming account and the Fort
Collins Convention and Visitors Bureau.
Additionally, the Cultural Development and Programming Account must appropriate
carry-over funds not allocated in previous years in the amount of $6,433; and
$4,000 which was disbursed from the Cultural Development Programming Account,
not used by the recipient and reimbursed to the City of. Fort Collins; and nine
dollars in miscellaneous Cultural Development•& Programming revenue for a total
of $9,442.
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July 2, 1991
Based on actual 1990 Lodging tax receipts of $234,900, the Cultural and
Development Programming Account will receive a total of $58,725 (25%) and the
Convention and Visitors Bureau will receive $176,175 for the 1991 budget year."
Mayor Kirkpatrick withdrew from discussion on this item due to a perceived
conflict of interest.
Councilmember Edwards made a motion, seconded by Councilmember Fromme, to adopt
Ordinance No. 65, 1991 on Second Reading.
The vote on Councilmember Edwards' motion was as follows: Yeas: Councilmembers
Azari, Edwards, Fromme, Horak, and Maxey. Nays: None. (Mayor Kirkpatrick
withdrawn)
THE MOTION CARRIED.
Items Related to the Service
Center Fifth Annexation and Zoning. Adopted
The following is staff's memorandum on this item.
"EXECUTIVE SUMMARY
A. Resolution 91-94 Setting Forth Findings of Fact and Determinations I
Regarding the Service Center Fifth Annexation.
B. Hearing and First Reading of Ordinance No. 79, 1991, Annexing Approximately
6.06 Acres, Known as the Service Center Fifth Annexation.
C. Hearing and First Reading of Ordinance No. 80, 1991, Zoning Approximately
6.06 Acres, Known as the Service Center Fifth Annexation.
This is a request to annex and zone approximately 6.06 acres located at the
northwest corner of West Vine Drive and Wood Street. The property is known as
the old Milligan Lumber Yard. The City of Fort Collins purchased the property
in February of 1991 for a possible future expansion to the Wood Street Service
Center. The property is currently zoned I- Industrial, in the County. The
requested zoning is RC, River Corridor. This is a 100% voluntary annexation of
City owned property.
APPLICANT: City of Fort Collins OWNERS: City of Fort Collins
BACKGROUND:
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 agree to consider for annexation, property in the UGA when '
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July 2, 1991
' the is eligible for annexation according to State law.
property 9
The area to be annexed meets the minimum 116 contiguity to existing City limits
requirement, through the following annexations (in parentheses are the associated
land uses):
N:
Service
Center Fourth Annexation
(City service center),
E:
Service
Center Annexation (City
service center, Light and Power,
Water and Wastewater Utility, and
Streets Department),
S:
Capital
Hill Annexation (existing
single family homes)
W:
Service
Center Fourth Annexation
(vacant, for future expansion of
the City
Service Center).
The property is owned by the City of Fort Collins. The City intends to use the
property for a possible future expansion to the existing City Service Center on
Wood Street. No public rights -of -way are included in this annexation.
This annexation is a 100% voluntary annexation of City owned land. According
to the Municipal Annexation Act, when the municipality is the sole owner of the
area that it desires to annex and if the requested annexation meets the
eligibility requirements, the governing body may, by ordinance, annex the area
without notice and hearing.
' Zoe.
The property is currently zoned I- Industrial, in the County. Staff is
recommending the RC, River Corridor, Zoning District for this annexation. The
River Corridor designation is for properties which are developing within the
Downtown River Corridor of the Cache La Poudre River. The RC, River Corridor,
District designation is consistent with the zoning of surrounding properties and
is in conformance with the policies of the City's Comprehensive Plan.
Findings:
1. The annexation of this area is consistent with the policies and agreements
between Larimer County and the City of Fort Collins contained in the
INTERGOVERNMENTAL AGREEMENT FOR THE FORT COLLINS URBAN GROWTH AREA.
2. The area meets all criteria included in State law to qualify for voluntary
annexation to the City of Fort Collins.
3. The City of Fort Collins is the sole owner of the property to be annexed.
4. The requested RC, River Corridor, District zoning designation is in
conformance with the policies of the City's Comprehensive Plan.
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July 2, 1991
1
RECOMMENDATION:
Staff recommends approval of the annexation and requested zoning.
PLANNING AND ZONING BOARD RECOMMENDATION:
The Planning and Zoning Board, at its regular monthly meeting of June 24, 1991,
voted 7-0 to recommend approval of the requested annexation and zoning."
City Planner Kirsten Whetstone gave a presentation on this item.
Councilmember Azari made a motion, seconded by Councilmember Maxey, to adopt
Resolution 91-94.
Christa-Maria Dinkelman, 620 Park Street, expressed concerns regarding the
property values, environmental issues, noise pollution and storing of hazardous
materials.
Bryan Abrahams, a Fort Collins resident, concurred with Ms. Dinkelman and spoke
of his property value concerns.
Utility Director Rich Shannon spoke of plans to reroute truck traffic and of the
need for evening operations.
The vote on Councilmember Azari's motion was as follows: Yeas: Councilmembers I
Azari, Edwards, Fromme, Horak, Kirkpatrick and Maxey. Nays: None.
THE MOTION CARRIED.
Councilmember Azari made a motion, seconded by Councilmember Maxey, to adopt
Ordinance No. 79, 1991 on First Reading.
The vote on Councilmember Azari's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Fromme, Horak, Kirkpatrick and Maxey. Nays: None.
THE MOTION CARRIED.
Councilmember Horak made a motion, seconded by Councilmember Fromme, to adopt
Ordinance No. 80, 1991 on First Reading.
The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Fromme, Horak, Kirkpatrick and Maxey. Nays: None.
THE MOTION CARRIED.
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July 2, 1991
Ordinance No. 89, 1991, Fixing the
Salary of the Municipal Judge Adopted as Amended
The following is staff's memorandum on this item.
"EXECUTIVE SUMMARY
City Council met in Executive Session on June 11 to conduct the performance
appraisal for Municipal Judge Kathleen M. A11in. In 1989, the Mayor entered into
an Employment Agreement with Kathleen A11in for a two-year term as Municipal
Judge beginning July 1, 1989. This Ordinance sets the Judge's revised
compensation. Council needs to determine the dollar amount to be inserted in
the Ordinance.
BACKGROUND:
City Council is committed to compensating employees in a manner which is fair,
competitive and understandable. The goal as an employer is to attract and retain
quality employees and to also recognize and reward quality performance.
In order to accomplish this goal the City Council and the Municipal Judge meet
once a year to discuss last year's performance and set goals for the coming year.
In 1991, the Total Compensation
paid to the Municipal Judge included the
'
following:
SALARY AND BENEFIT
ANNUAL
Base salary:
$50,400.00
Medical Insurance:.
3,936.00
Life Insurance:
177.48
Long Term Disability:
378.00
Dental Insurance:
120.00
Pension: ICMA 401(a)
5,040.00
ICMA 457
1,512.00
FICA
3,855.60
Non -Monetary Benefits
Vacation: (20 per year)
Holidays: (11 per year)
Total Monetary Compensation =
$65,419.08 "
Councilmember Maxey made a motion, seconded byiCouncilmember Edwards, to adopt
Ordinance No. 89, 1991 deleting the word "base""and inserting the salary amount
of $52,000.
Councilmember Fromme recommended Judge Allin be awarded her request for a 5%
increase. '
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July 2, 1991
Councilmember Fromme made a motion amending Ordinance No. 89, 1991 to read "5%
increase from the base salary."
THE MOTION DIED DUE TO LACK OF A SECOND.
The vote on Councilmember Maxey's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Horak, Kirkpatrick and Maxey. Nays: Councilmember Fromme.
THE MOTION CARRIED.
Ordinance No. 90, 1991
Authorizing the Sale of Real Property
and the Granting of a Landscape Easement
The following is staff's memorandum on this item.
"EXECUTIVE SESSION
During November and December of 1990, the City solicited sealed bids for the
sale of SouthRidge Golf Course, and staff negotiated with the two cash bidders
through February 7. On February 19, Council voted 6-1 to adopt on first reading
an ordinance authorizing the sale of SouthRidge to Accent Resources, Inc. On ,
April 12, Accent Resources sent the City a notice of disapproval of the survey
plat, information and proposed easements for SouthRidge, which terminated its
obligation to proceed with the purchase. The City -performed a full survey of
the SouthRidge property during February which revealed that six residential
property owners adjacent to the course are encroaching on City -owned golf course
property. This ordinance solves and brings closure to these six encroachments
by selling four small parcels of land to four of the encroaching land owners;
selling another small parcel of land to the fifth encroaching land owner and
trading property as a part of the sale; and granting a landscape easement to the
sixth encroaching land owner. None of the six encroachments impacts golf play
or interferes with the normal daily operation of the golf course.
BACKGROUND:
When the Bucain Corporation constructed SouthRidge on behalf of the City in
198311984, staff had minimal involvement. For example, it was the City's
understanding that the golf course irrigation and sprinkler lines were either
directly on or were approximately three feet inside the various property line
boundaries throughout the course. Because this appeared to be the case, staff
was unable to recognize that, owners of three homes located between the 1st tee
box/fairway and 9th_fairway/green had expanded their back yards onto the golf
course property. The sprinkler lines had been moved by Bucain when the houses
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July 2, 1991
' were built, so today it looks as though the boundaries are correct. The
e
specifics of these three encroachments, as well as the other three encroachments
are as follows:
Dare] W. and Linda B. Hardy own the home at 1301 Front Nine Drive, which
is directly adjacent to the east side of the Ist tee box/fairway. Tee
shots continually landed in their back yard, so they built a five-foot
wooden fence to deter golfers. The Hardy's fence is encroaching up to
four feet on both the east side and north side of the golf course. The
Hardys were unaware of the east encroachment, but Bucain told them they
could extend the fence on the north because the golf course sprinkler
system didn't fully reach to the property edge. The Hardys water that
area. The total encroachment is 329 square feet. (See Attachment A-1).
The price to purchase that land from the City is $350.
Wilbur and Coleen Rusch own the home at 1306 Front Nine Drive, between the
lst tee box/fairway and 9th fairway/green. They have built a wrought iron
fence and a well landscaped back yard with several trees on the course.
Their house was the first home constructed and Bucain gave them permission
to build a fence to make the back yards look larger. In 1984, Bucain
evidently assumed that it would own SouthRidge by 1988, when the debt was
paid, so the encroachment was acceptable. The Rusches' total encroachment
is 2,714 square feet. (See Attachment A-2). The price to purchase the
' land from the City is $2,700.
James C. and Jo Ann Heaberlin own the home at 1312 Front Nine Drive, which
is directly adjacent to the west side of the 9th fairway. The Heaberlins
moved into their home in April 1985. The house was allegedly hit by at
least 50 errant tee shots daily, and Mr. Heaberlin complained to the City,
claiming he was unaware of the danger and nuisance the errant golf balls
presented. The former City Manager wanted the problem alleviated. Bucain
built a large sand trap on the 9th fairway, planted dozens of trees, tried
to re -aim the 9th tee box, and gave permission to the Heaberlins to expand
their back yard (which was extremely small). After the Rusches built
their fence, the Heaberl ins put in a hedge, which gave them some "breathing
room." Bucain moved the sprinkler system beyond these two properties.
In October 1989, the Heaberlins built a patio and hot tub on the City -
owned property. They said no one ever told them it was wrong, but they
knew the improvements might have to be removed some day. The total
encroachment is 1,897 square feet. (See Attachment A-3). The price to
purchase the land from the City is $2,000.
Bonnie J. Bowne owns the home at 1318 Front Nine Drive also adjacent to
the west side of the 9th fairway. Ms. Bowne accidentally built a wooden
fence at an angle from zero to three feet onto the course. She was unaware
of the encroachment which is 114 square feet. (See Attachment`A-4). The
price to purchase the land from the City is $150.
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July 2, 1991
1
Boyd and Glenna Grant own the home at 1112 Oak Leaf Court, which is
adjacent to the south side of the 3rd fairway. Mr. Grant and his wife
purchased a home with a small backyard from the Everitt Corporation. The
area between the back yard and the 3rd fairway was totally unimproved
rough with native grasses and weeds. Evidently Mr. Grant and Everitt
officials talked with Bucain, who said a former City official gave them
permission to improve a portion of the back yard, which extended into the
improved portion of the 3rd fairway. The Grants paid for moving the
sprinklers to within three feet of the property line and put in quality
turf and trees. Later, the Grants built a flag pole and added a decorative
rock landscape. This arrangement appeared acceptable to everyone at the
time, and the Grants were surprised when they received a letter from the
City this spring notifying them of the encroachment.
Because of the way this encroachment extends out onto the golf course, and
because the irrigation system (which does not water the Grants property)
runs the entire width of the encroachment three feet north of the actual
property line (someday the City plans to improve the turf in that area all
the way west to Lemay Avenue) and further west, staff does not feel it is
appropriate to sell the Grants this property. An easement will allow full
access for golfers to retrieve golf balls, for staff to maintain and repair
the irrigation system, and at the same time require the homeowner to
maintain the daily appearance of the property. They will not be allowed '
to erect a fence or any other improvement. Therefore, the City is placing
more restrictions on this encroachment than on the others. This
encroachment extends 36 feet at maximum and covers a total of 5,272 square
feet. (See Attachment B). The cost of the improvements to City land was
$4,100, therefore, the price for this landscape easement is $1,000.
Terry A. and Sara B. Gilmore own the home at 6007 SouthRidge Greens Blvd,
adjacent to the north side of the 12th tee boxes and fairway. In 1987,
the Gilmores asked the golf course superintendent about the unimproved
hillside next to their property. The golf course didn't maintain the area
except to kill weeds, so the Gilmores improved the site with trees, shrubs
and large rocks for decoration. The Gilmores are encroaching on 1,841
square feet (this figure was revised downward from 2,004 square feet after
a final survey and meetings with the Gilmores) of the golf course, and the
City is encroaching on roughly 74 square feet of the Gilmore property with
the golf car path which Bucain built. The City will sell the Gilmores the
1,841 square feet in exchange for 1,555 square feet (See Attachment C) of
the Gilmore's property (including the•golf car path), plus $300 in cash
from the Gilmores as the�-difference between the size of the land being
traded. The City is acquiring a relatively flat turf area that can easily
be mowed and maintained to regular golf course rough -area standards. The
City is not receiving the land owned by the Gilmores that is currently
being used by the City as a temporary easement for street (cul-de-sac)
purposes.
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July 2, 1991
IOptions and Recommendations
In reviewing the matter, it appears that there are five options available to
resolve these problems. 1.) Require the property owners to remove their
encroachments; 2.) Offer revocable permits; 3.) Offer long or short-term
leases; 4.) Offer to grant landscape or other types of easements; or 5.) Offer
to sell the property. A revocable permit between the City and property owners
would terminate if the City sells the golf course to a third party or anytime
at the discretion of Council. If revocable permits are offered, at the time of
the sale of the course the property owners and the new owner of the course would
need to resolve these encroachment issues, if they desired. If leases or
easements are offered and the golf course is sold, the golf course property
would be conveyed subject to the leases or easements. However, whether the City
eventually sells SouthRidge or not, it is prudent for the City to resolve these
encroachment issues now.
None of the six encroachments impact golf play or interfere with the normal
daily operation of the golf course. A11 of the encroachments except Bowne were
reportedly approved by the former management of SouthRidge. The encroachments
all generally improve the appearance of the golf course. Most of the
encroachments were done in the early days of SouthRidge except for Gilmore and
Grant. A71 six of the encroaching homeowners have been very cooperative and
are willing to accept whatever solution the City chooses. A71 six would like
' the opportunity to acquire the encroached City property from the City.
The market price of other vacant land in that area is 97 cents per square foot
according to the City's Right -of -Way Division. Staff recommends that the City
sell the identified properties to Hardy, Rusch, Heaberlin, and Bowne for 97
cents per square foot plus a small administrative processing charge; staff also
recommends selling to Gilmore 1,841 square feet and receiving from them 1,555
square feet and $300 cash; and staff recommends granting a landscape easement
to the Grants for the improved golf course property adjacent to their back yard.
The easement will cost 97 cents per square foot, less the actual costs of the
improvements to City property. A71 of the land buyers would be responsible for
the payment of standard closing costs.
Considering the circumstances of SouthRidge and the City's prior relationship
with Bucain, as well as the fact that none of these encroachments is truly
significant nor impacts the golf course, staff does not believe evicting these
homeowners is appropriate, although each of the affected property owners said
they would vacate the property if requested. Staff feels the five sales (and
land trade) and the one landscape easement make the most sense in trying to
solve these encroachments in a fair and equitable manner and to bring closure
to these issues."
Councilmember Edwards made a motion, seconded by Councilmember Azari, to adopt
Ordinance No. 90, 1991 on First Reading.
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July 2, 1991
Assistant to the Director of Cultural, Library and Recreation Services Jerry
Brown gave a brief explanation of the property encroachments.
City Attorney -Steve Roy explained the legal aspects of the encroachments.
The vote on Councilmember Edwards' motion was as follows: Yeas: Councilmembers
Azari, Edwards, Fromme, Horak, Kirkpatrick and Maxey. Nays: None.
THE MOTION CARRIED.
Resolution 91-98 Amending Resolution 91-71
and Providing Additional Direction to
City Staff with Regard to the Sale of
SouthRidge Golf Course, Adopted as Amended
The following is staff's memorandum on this item.
"EXECUTIVE SUMMARY
On May 7, 1991, Council adopted Resolution 91-71 providing direction to staff
with regard to the sale of SouthRidge Golf Course. Staff was directed to renew
efforts to market the sale of SouthRidge, with sealed proposals from potential
purchasers to be opened on October 1, 1991. Any transaction to sell the golf
course was to occur no later than February 29, 1992; provided that if the course I
is not sold by February 29, 1992, the issue of the sale of SouthRidge is to be
brought back to Council for its further consideration.
Since that time, staff has had conversations with Council members and others,
and it has been suggested that for the City to successfully market SouthRidge,
it would be in the City's best interest to hire real estate brokers experienced
in the sale of golf courses. This Resolution authorizes staff to enter into a
non-exclusive listing agreement with qualifying real estate brokers who have
experience selling golf courses. These brokers would represent the City to
potential buyers from throughout the world. If Council approves the sale of
SouthRidge to a buyer presented by one of the contracted brokers, the City will
pay the broker a real estate commission of eight percent (8%) of the gross sales
price. Therefore, the minimum acceptable gross sales price for the sale of
SouthRidge must cover the debt payment as well as the commission and any other
expected closing costs of the City. Currently the SouthRidge debt is
approximately $3,000,000.
This Resolution also amends Resolution 91-71 by eliminating the requirement of
sealed proposals being opened on October 1, 1991, since a multiple -brokers
process and a sealed proposal process are not compatible.
Even after the City.has'entered into listing agreements with qualifying brokers,
the nonexclusive nature'of the agreements will still enable the City to sell
SouthRidge to a buyer who has previously contacted the City or to a buyer who '
276
July 2, 1991
' is not brought to the City Y 9 4 by a contracted broker without the City being required
to pay a sales commission.
„
Councilmember Edwards made a motion, seconded by Councilmember Azari, to adopt
Resolution 91-98.
City Manager Steve Burkett pointed out the intent of Resolution 91-98 was to
request a change in Council direction to staff.
Jerry P. Brown gave a presentation on this item.
Councilmember Edwards offered a friendly amendment to the motion amending Section
2 (a) to read, "for a real estate commission not to exceed 8% Councilmember
Azari accepted it as a friendly amendment to their previous motion.
Councilmember Maxey made a motion, seconded by Councilmember Azari, amending
Section 2 (b) to read "that the minimum net sales price of the Course after
subtracting from the gross sales price the real estate commission and any other
expected closing costs to the City shall be 3.2 million dollars."
Councilmember Edwards spoke in opposition to setting a minimum sale price for
the property.
' Councilmember Fromme concurred with Councilmember Edwards stating the minimum
price would be a matter of public record, if adopted, and that a potential buyer
might offer only the minimum purchase price for the property.
The vote on Councilmember Maxey's motion was as follows: Yeas: Councilmembers
Azari, Horak, Maxey. Nays: Councilmembers Edwards, Fromme and Kirkpatrick.
THE MOTION FAILED.
Councilmember Edwards made a motion, seconded by Councilmember Maxey., to delete
letter (b) in Section 2.
The vote on Councilmember Edwards' motion as amended was as follows: Yeas:
Councilmembers Azari, Edwards, Kirkpatrick and Maxey. Nays: Councilmembers
Fromme and Horak.
THE MOTION CARRIED.
Councilmember Maxey made a motion, seconded by Councilmember Edwards, amending
the last WHEREAS paragraph deleting the remain text after the phrase "for a real
estate commission of eight percent (8Y) of the gross sales price of the Course".
The vote on Councilmember Maxey's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Fromme, Horak, Kirkpatrick, Maxey and Winokur. Nays: None.
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July 2, 1991 '
THE MOTION CARRIED.
The vote on Councilmember Edwards' motion was as follows: Yeas: Councilmembers
Azari, Edwards, Kirkpatrick and Maxey. Nays: Councilmembers Fromme and Horak.
THE MOTION CARRIED.
Resolution 91-99
Adopting Council Goals
and a Work Policy Agenda for the
The following is staff's memorandum on this item.
"EXECUTIVE SUMMARY
The process for preparing the 1991-1993 Council Goals and Policy Agenda/Work Plan
began in April of 1991 following the April 2 Municipal Election. Several
worksessions have been held to list the Council's priorities. Two resolutions
are presented for Council consideration, either of which accomplishes the
objective of adopting Council Goals and a Work Policy Agenda for the Period
Ending April 13, 1993.
BACKGROUND: '
The Fort Collins City Council has a practice of adopting Goals and major work
plan or policy agenda items to provide direction to the City Manager and
articulate to the community areas of highest priority for the City Council. The
process for adopting the 199111993 work program began in April with several
retreat sessions, followed by additional Council work plans. Two resolutions
are presented for consideration this evening.
OPTION A
Option A was prepared by the Mayor and City Manager following meetings with
individual Councilmembers to determine what they perceived as being the consensus
items for this City Council. During the discussion at the June 25 work session
several items that do not appear on the list of work items were discussed, and
others were clarified.
Environmental Report - Councilmember Fromme expressed her intent that this item
be an Environmental Audit rather than a self evaluation by individual
departments.
Citizen Involvement Process For Capital Proiects - Mayor Kirkpatrick explained
that although this item is not included in the resolution, if it were to be
added to the list, the project should provide a support role to a citizen group
which is being formed in the tradition of DT2 to evaluate capital improvement '
278
July 2, 1991
and facility needs in the community. Regardless of whether this item appears
on the policy agenda or not, the role the City will play in relation to this
citizen group will ultimately need to be clarified.
Communication with citizens via Technology - Mayor Pro Tem Azari expressed her
intention with this item and explained that the staff report on this issue was
not consistent with her vision. She sees a major policy role for the Council
in guiding the process of making government more accessible for citizens through
the use of technology..
North College Revitalization - This item does not appear on the resolution in
Option A, but Mayor Pro Tem Azari expressed her support for this issue.
Energy Plan - This item does not appear on the resolution in Option A, but Mayor
Pro Tem Azari and Mayor Kirkpatrick expressed their support for this issue.
Electric Utility Board - This item does not appear on the resolution in Option
A, but Mayor Pro Tem Azari expressed her support for this Board, stating that
citizens input on this issue is extremely important in a time of conservation.
OPTION B
Option B was prepared by Councilmember Winokur as an attempt to include all the
potential work plan and budget items originally discussed by Council.
Option A is an attempt at providing a shortlist representing the perceived
consensus of Council which may be added to by making motions to amend the
resolution.
Option B is an attempt to provide an all inclusive list which may be shortened
by making motions to amend the resolution.
Either Option "A" or Option "B" could be adopted as is, or modified via
amendments by individual Councilmembers."
Mayor Kirkpatrick outlined options A and B.
Councilmember Maxey made a motion, seconded by Councilmember Edwards, to adopt
Resolution 91-99 Option A.
Councilmember Horak made a motion, seconded by Councilmember Fromme, to amend
Resolution 91-99 to include a Comprehensive Energy Policy in Option A.
The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Fromme, Horak, Kirkpatrick and Maxey. Nays: None.
THE MOTION CARRIED.
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July 2, 1991
1
Councilmember Horak made a motion, seconded by Councilmember Azari, to amend
Resolution 91-99 to consider creating an Electric Utility Board.
The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Fromme, Horak, Kirkpatrick and Maxey. Nays: None.
THE MOTION CARRIED.
Councilmember Horak made a motion, seconded by Councilmember Fromme, to amend
Resolution 91-99 to consider the creation of a Transportation Board.
The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers
Azari, Fromme, Horak, Kirkpatrick and Maxey. Nays: Councilmember Edwards.
THE MOTION CARRIED.
Councilmember Maxey made a motion, seconded by Councilmember Horak, to amend
Resolution 91-99 to include the North College Revitalization Project.
The vote on Councilmember Maxey's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Fromme, Horak, Kirkpatrick and Maxey. Nays: None.
THE MOTION CARRIED. I
Councilmember Horak made a motion, seconded by Councilmember Fromme, to amend
Resolution 91-99 to review and consider revisions to the Sign Code.
The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Fromme, Horak and Kirkpatrick. Nays: Councilmember Maxey.
THE MOTION CARRIED.
Councilmember Horak made a motion, seconded by Councilmember Azari, to amend
Resolution 91-99 to consider adoption of a policy on City membership in outside
organizations.
The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Fromme, Horak, Kirkpatrick and Maxey. Nays: None.
THE MOTION CARRIED.
Councilmember Edwards made a motion, seconded by Councilmember Horak, to amend
Resolution 91-99 to include the development'of an I-25 Corridor Land Use Plan.
The vote on Councilmember Edwards' motion was as follows: Yeas: Councilmembers
Azari, Edwards, Fromme, Horak, Kirkpatrick and Maxey. Nays: None.
THE MOTION CARRIED.
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July 2, 1991
Councilmember Fromme made a motion, seconded by Councilmember Horak, to amend
Resolution 91-99 to consider developing a pilot program for hazardous materials
source reduction.
The vote on Councilmember Fromme's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Fromme, Horak, Kirkpatrick and Maxey. Nays: None.
THE MOTION CARRIED.
Councilmember Horak made a motion, seconded by Councilmember Azari, to amend
Resolution 91-99 to review the City's current affordable housing policy and
consider developing a policy.
The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Fromme, Horak, Kirkpatrick and Maxey. Nays: None.
THE MOTION CARRIED.
Councilmember Fromme made a motion, seconded by Councilmember Horak, to amend
Resolution 91-99 to consider creating a task force to study the cost of growth.
Councilmember Edwardf ade a motion to amend the previous motion, seconded by
Councilmember Maxey, removing the phrase "task force" replacing it with "develdp
a process to study the cost of growth". Councilmember Fromme accepted the
motion as a friendly amendment to her previous motion. Councilmember Horak, as
seconder of the motion, did not accept the amendment as friendly.
The vote on Councilmember Edwards' motion to amend was as follows: Yeas:
Councilmembers Azari, Edwards, Fromme, Kirkpatrick and Maxey. Nays:
Councilmember Horak.
THE MOTION CARRIED.
The vote on Councilmember Fromme's motion as amended was as follows: Yeas:
Councilmembers Azari, Edwards, Fromme, Horak, Kirkpatrick and Maxey. Nays:
None.
THE MOTION CARRIED.
Councilmember Horak made a motion, seconded by Councilmember Fromme, to amend
Resolution 91-99 Section 2, Item #13 deleting the word "use" replacing it with
"distribution".
The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Fromme, Horak, Kirkpatrick and Maxey: Nays: None.
I THE MOTION CARRIED.
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July 2, 1991
Councilmember Fromme made a motion, seconded by Councilmember Horak, to amend
Resc'ution 91-99 in Section 2 (b) deleting the phrase "also preparing an annual
environmental report" replacing it with "also preparing an annual environmental
audit".
The vote on Councilmember Fromme's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Fromme, Horak, Kirkpatrick and Maxey. Nays: None.
Councilmember Azari made a motion, seconded by Councilmember Horak, to amend
Resolution 91-99 Section 2 Attachment "A", adding the language "consider
improving City information access to citizens through the use of technology, "24
hour City Hall" and "enhancing intergovernmental user networks."
The vote on Councilmember Azari's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Fromme, Horak, Kirkpatrick and Maxey. Nays: None.
THE MOTION CARRIED.
Councilmember Horak made a motion, seconded by Councilmember Azari, to amend
Resolution 91-99 to consider adoption of a Water Demand Management Policy.
The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers '
Azari, Fromme and Horak. Nays: Councilmembers Edwards, Kirkpatrick and Maxey
THE MOTION FAILED.
Councilmember Azari made a motion, seconded by Councilmember Maxey, to amend
Resolution 91-99 Option A adding a Section 4 to read "That the Council will
complete the plan of work adopted by the previous Council as referenced in
Attachment A."
The vote on Councilmember Azari's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Fromme, Horak, Kirkpatrick and Maxey. Nays: None.
THE MOTION CARRIED.
Councilmember Horak made a motion, seconded by Councilmember Maxey, to amend
Resolution 91-99 to consider including golf as part of the Recreation User Fee
Policy.
The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Fromme, Horak, Kirkpatrick and Maxey. Nays: None.
THE MOTION CARRIED.
282 1
July 2, 1991
Councilmember Azari made a motion, seconded by Councilmember Horak, to amend
Resolution 91-99 to consider reviewing existing town meeting policies and develop
a revised policy, as appropriate, that provides an effective communication tool
between District Councilmembers and their constituents.
The vote on Councilmember Azari's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Fromme, Horak, Kirkpatrick and Maxey. Nays: None.
THE MOTION CARRIED.
Councilmember Azari made a motion, seconded by Mayor Kirkpatrick, to amend
Resolution 91-99 Section 3 to read "Funding the Zilch Program to include water
conservation and air quality methods."
The vote on Councilmember Azari's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Fromme, Horak, Kirkpatrick and Maxey. Nays: None.
THE MOTION CARRIED.
Councilmember Horak made a motion, seconded by Councilmember Azari, to amend
Resolution 91-99 to include in Section 2, #12 (b) the following language "to
develop a comprehensive plan for dealing with lands held by the City to fulfill
a variety of municipal purposes."
The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Fromme, Horak, Kirkpatrick and Maxey. Nays: None.
THE MOTION CARRIED.
Mayor Kirkpatrick made a motion, seconded by Councilmember Azari, to amend
Resolution 91-99 to consider involvement with a citizen process to test the
community appetite for a new capital improvement program relating to quality of
life improvements.
The vote on Mayor Kirkpatrick's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Fromme, Horak and Kirkpatrick. Nays: Councilmember Maxey.
THE MOTION CARRIED.
The vote on Councilmember Maxey's motion to adopt Resolution 91-99 as amended
was as follows: Yeas: Councilmembers Azari, Edwards, Fromme, Horak, Kirkpatrick
and Maxey. Nays: None.
THE MOTION CARRIED.
Councilmember Azari requested a work schedule for the Workplan.
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July 2, 1991 '
Resolution 91-100 Establishing a Policy
for the Appointment of Council Liaisons
to the City's Boards and Commissions and the
Appointment of Councilmembers to Various Boards,
Committees. and Organizations. Adopted as Amended
The following is staff's memorandum on this item.
"EXECUTIVE SUMMARY
This Resolution offers four options to clarify the terms of Council appointments
as liaisons, committee members, and representatives to certain organizations
and the frequency with which such appointments will be made in the future.
BACKGROUND:
Historically, the appointment of Councilmembers as liaisons to the City's boards
and commissions, as committee members, and as representatives to certain
organizations has been done annually following the Council's reorganization
meeting in the spring. This timeline ensured that appointments were completed
prior to the annual board and commission interviews in May.
Recent amendments to the City Charter have changed the need for a Council '
reorganization meeting from annually to biennially.. These changes have raised
some questions about the timing of appointments. This Resolution offers four
options:
Option A: That appointments be made at the second meeting in April of odd -
numbered years (election years).
Option B: That appointments be made at the second meeting in April of each
year.
Option C: That appointments be made during odd -numbered years as Council deems
necessary.
Option D: That appointments be made each year at such time as Council deems
necessary.
Council may have additional options to be considered."
Councilmember Edwards made a motion, seconded by Councilmember Maxey, to adopt
Resolution 91-100 Option A.
Councilmember Maxey stated that since the Mayor and Mayor Pro Tem are elected
for a two year period, there is no need to readjust the terms of board liaisons.
He asked that the Resolution contain flexibility language. '
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July 2, 1991
Councilmember Fromme spoke in opposition to Option A.
Councilmember Azari concurred with Councilmember Maxey regarding the need for
flexibility and suggested an annual review to allow an opportunity for assessment
of responsibilities.
Councilmember Edwards offered an amendment to his original motion to include
flexibility language regarding interim appointments as deemed necessary.
Councilmember Maxey accepted the motion as a friendly amendment to their previous
motion.
Councilmember Fromme made a motion, seconded by Councilmember Horak, to postpone
discussion of Resolution 91-100 until the August 2 meeting.
The vote on Councilmember Fromme's motion was as follows: Yeas: Councilmembers
Azari, Fromme and Horak. Nays: Councilmembers Edwards, Kirkpatrick and Maxey.
THE MOTION FAILED.
The vote on Councilmember Edwards' motion to adopt Resolution 91-99 as amended
was as follows: Yeas: Councilmembers Azari, Edwards, Kirkpatrick and Maxey.
Nays: Councilmembers Fromme and Horak.
' THE MOTION CARRIED.
Resolution 91-301 Making Appointments
to Various Boards and Commissions Adopted
The following is staff's memorandum on this item.
"EXECUTIVE SUMMARY
Vacancies currently exist on various boards and commissions due to resignations
from boardmembers and the expiration of terms of members of boards and
commissions.
Advertisements were placed and applications accepted through mid -May. Council
teams interviewed applicants during May and June.
This Resolution makes appointments to the following boards and commissions:
Commission on Disability
Commission on the Status of Women
Library Board
Parks and Recreation Board
Planning and Zoning Board
Senior Advisory Board
' Storm Drainage Board
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July 2, 1991
The Resolution contains the names of those individuals recommended for
appointment by the Council interview teams."
Councilmember Horak made a motion, seconded by Councilmember Fromme, to adopt
Resolution 91-101 inserting the names.
Councilmember Fromme offered an amendment to insert the name of Karel Applebee
as a regular memer of the Cable TV Board replacing the resigning Jeff Beauprez.
Councilmember Horak accepted the amendment as a friendly amendment to his
original motion.
The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Fromme, Horak, Kirkpatrick and Maxey. Nays: None.
THE MOTION CARRIED.
Resolution 91-88 Making Appointments
to the Community Air Quality Task Force, Adopted
The following is staff's memorandum on this item.
"EXECUTIVE SUMMARY '
Vacancies currently exist on the Community Air Quality Task Force due to Cathy
Fromme's election to the City Council, the verbal resignation of Douglas Fox,
and Jennifer Fontane's extended leave of absence.
Advertisements were placed and applications accepted through mid -May.
Councilmembers Winokur and Horak conducted interviews on May 29 and will announce
their recommendations for appointment at this meeting."
Councilmember Fromme made a motion, seconded by Councilmember Azari, to adopt
Resolution 91-88 inserting the names.
Councilmember Maxey expressed concerns regarding the notification of appointments
and stated there was not adequate time to review the appointees prior to the
Council meeting.
Mayor Kirkpatrick concurred with Councilmember Maxey and requested information
regarding the current policy.
The vote on Councilmember Fromme's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Fromme, Horak, Kirkpatrick and Maxey. Nays: None.
THE MOTION CARRIED.
286 1
July 2, 1991
Consideration of Motion Concerning
Scheduling Future Mayors' Weekend, Failed
The following is staff's memorandum on this item.
"FINANCIAL IMPACT
The financial impact of the Mayors' Weekend event for the past two years has
been between $1700 - $2800 for the City of Fort Collins. This includes the
opening reception, breakfast, mailings, gifts, and football tickets. Staff time
has not been calculated. An estimate would be for one staffinember to be working
on the organization and preparation of the event for approximately four hours
per week for two months prior to the event. Depending on the events scheduled,
this estimate could be higher.
EXECUTIVE SUMMARY
Mayors' Weekend is an idea that was conceived four years ago by then Mayor Larry
Estrada. The primary aim for the weekend was to provide an informal setting for
Colorado Mayors to meet; to facilitate information -sharing among the state's
mayors; and to better acquaint mayors with Fort Collins and Colorado State
University. Initially, the event was co -hosted by the City of Fort Collins and
Colorado State University. For the past two years Loveland has also participated
in this event. A summary report from last year is attached."
Councilmember Maxey made a motion, seconded by Councilmember Azari, to revise
the format and continue the Mayor's Weekend.
Mayor Kirkpatrick stated preparation for the event was extensive but noted she
would follow the direction of Council regarding the Mayor's Weekend
Councilmember Edwards stated he would like to see the Convention and Visitors
Bureau handle the preparation and the expense of the Mayor's Weekend, since it
would be promotion for Fort Collins.
The vote on Councilmember Maxey's motion was as follows: Yeas: None. Nays:
Councilmembers Azari, Edwards, Fromme, Horak, Kirkpatrick and Maxey.
THE MOTION FAILED.
Other Business
Councilmember Azari made a motion, seconded by Councilmember Horak, directing
staff to draft an ordinance for the'August 6 meeting relating to the creation
of an Electric Utility Board.
Councilmember Azari stated creating an Electric Utility Board would allow for
greater citizen input into energy policies.
'
287
July 2, 1991
The vote on Councilmember Azari's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Fromme, Horak, Kirkpatrick and Maxey. Nays: None.
THE MOTION CARRIED.
Councilmember Maxey spoke of a presentation given by a member of the Natural
Resources Advisory Board at its June 5 meeting, and expressed his concerns about
a possible conflict of interest.
City Attorney Steve Roy stated he would review the information and advise Council
and the Board member as to how the conduct fits under the Charter requirements.
Councilmember Fromme spoke in support of the Bike Ranger Program.
Councilmember Horak spoke of the installation of stop signs and commented on the
information in the Traffic Control and You Handbook.
Councilmember Maxey requested a two page memo regarding the feasibility study
of creating an ordinance that would prohibit wearing stereo headphone sets on
public streets.
Mayor Kirkpatrick spoke of overgrown streetscapes within the City, and '
questioned whether the City was violating the weed ordinance. She stated she
would provide staff with exact locations to determine the responsible parties.
City Manager Steve Burkett commented on the Bike Ranger Program and spoke of a
memo that was distributed to interested groups regarding the Community Pool.
Adjournment
The meeting adjourned at 10:50 p.m.
0''t
Mayor
ATTEST:
City Clerk
;.
FM