HomeMy WebLinkAboutMINUTES-07/16/1991-RegularJuly 16, 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 16, 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, Maxey and Winokur. Nays: None.
Staff Members Present: Burkett, Krajicek, Roy.
Citizen Participation
Mayor Kirkpatrick presented a proclamation, proclaiming July 16, 1991 as Jerry
Haals Day.
Anthony DeNardo, 1806 West Mulberry, requested Council consider the legalization
of cannabis hemp plant (marijuana) for economical, industrial, environmental and
social use.
Al Bacilli, 520 Galaxy Court, requested information on the status of the
dispatchers and Verna Lewis cases against the City.
' Carol Miller, 118 Fishback Avenue, spoke of the disturbance in Old Town Square
on July 4, 1991.
Vanessa Bailey, 3148 Sharps Street, spoke of the incident in Old Town Square and
her involvement.
Marcia Ronen, a Fort Collins resident, spoke of the Old Town Square incident.
Dylan Smith, 430 Whedbee, asked Council to investigate the occurrence in Old Town
Square and recommended a review board be implemented to review the Police
Department when these types of occurrences take place.
Jim Alarid, 608 9th Street, spoke of a history of police incidents in Fort
Collins.
Duncan Philip, P.O. Box 8114, expressed concerns regarding the Police Department
and requested a permanent independent review board be created.
Agenda' Review
City Manager Steve Burkett noted Resolution 91-106, Assigning a Councilmember
as Liaison to the Community Air Quality Task Force, included in Council packets
did not appear on the regular agenda.
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July 16, 1991 '
Councilmember Fromme requested Item #19, Hearing and First Reading of Ordinance
No. 93, 1991, Amending Chapter 19 of the Code of the City of Fort Collins
Relating to Municipal Court, be withdrawn from the Consent Calendar.
Councilmember Horak requested Item #21, Resolution 91=104 Authorizing the
Purchase of Vacant Land for Harmony Road Right -of -Way, be withdrawn from the
Consent Calendar.
Consent Calendar
This Calendar is intended to allow the City Council to spend its time and energy
on the important items on a lengthy agenda. Staff recommends approval of the
Consent Calendar. Anyone may request an item on this calendar to be "pulled"
the Consent Calendar will be considered separately under Agenda Item #23, Pulled
Consent Items.
Consider approval of the minutes of the regular meeting of June 4.
Items Related to the Burlington Northern Southeast First Annexation and
Zoning.
Second Reading of Ordinance No. 73, 1991, Annexing Approximately
18.35 Acres, Known as the Burlington Northern Southeast First I
Annexation.
Second 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.
On July 2, Council unanimously adopted Resolution 91-91 Setting Forth
Findings of Fact and Determinations Regarding the Burlington Northern
Southeast First Annexation. On July 2, Council also unanimously adopted
on First Reading Ordinance No. 73, 1991 and Ordinance No. 74, 1991 which
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 This
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
8. Items Related to the East Lincoln Avenue Second Annexation and Zoning.
A. Second Reading of Ordinance No. 75, 1991, Annexing Approximately
38.88 Acres, Known as the East Lincoln Avenue Annexation. ,
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Second 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.
On July 2, Council unanimously adopted Resolution 91-92 Setting Forth
Findings of Fact and Determinations Regarding the East Lincoln Avenue
Annexation. On July 2, Council also unanimously adopted on First Reading
Ordinance No. 75, 1991 and Ordinance No. 76, 1991, which 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 8105
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
9. Items Related to the Huber Annexation and Zoning.
A. Second Reading of Ordinance No. 77, 1991, Annexing Approximately 1.05
' Acres, Known as the Huber Annexation.
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July 16, 1991
Second Reading of Ordinance No. 78, 1991, Zoning Approximately 1.05
Acres, Known as the Huber Annexation, Into the R-P, Planned
Residential, Zoning District.
On July 2, Council unanimously adopted Resolution 91-93 Setting Forth
Findings of Fact and Determinations Regarding the Huber Annexation. On
July 2, Council also unanimously adopted on First Reading Ordinance No.
77, 1991 and Ordinance No. 78, 1991 which 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
Items Related to the Service Center Fifth Annexation and Zoning.
A. Second Reading of Ordinance No. 79, 1991, Annexing Approximately 6.06
Acres, Known as the Service Center Fifth Annexation.
Second Reading of Ordinance No. 80, 1991, Zoning Approximately 6.06
Acres, Known as the Service Center Fifth Annexation.
On July 2, Council unanimously adopted Resolution 91-94 Setting Forth
Findings of Fact and Determinations Regarding the Service Center Fifth
Annexation. On July 2, Council also unanimously adopted on First Reading
Ordinance No. 79, 1991 and Ordinance No. 80, 1991 which 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
Q%
OWNERS: City of Fort Collins
July 16, 1991
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. This
Ordinance, which was unanimously adopted on First Reading on July 2,
authorizes the transfer of $21,241 from prior year restricted reserves in
the General Fund to the Recreation Fund. Of the amount transferred,
$10,010 is appropriated for expenditure in the Recreation Fund for the
remainder of 1991. The ordinance also appropriates $10,000 from
unanticipated revenue in the General Fund, and appropriates $4,897 from
prior year restricted reserves and $1,979 from unanticipated revenue in
the Recreation Fund.
12.
A. Second 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.
B. Second 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.
These Ordinances, which were unanimously adopted on First Reading on July
2, will implement the Charter changes approved April 2nd.
13.
The ZILCH program was originally funded with $50,000 of Federal Revenue
Sharing money. Since its inception in 1980 ZILCH has met with varying
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. This ordinance, which was unanimously
adopted on First Reading on July 2, would:
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July 16, 1991
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 ZILCH Revenue Sharing funds
from Light and Power reserves to the General Fund and appropriate
the cash portion ($30,963.90) for the purpose of making air quality
related ZILCH loans.
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.
This Ordinance was unanimously adopted on First Reading on July 2. 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
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.
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July 16, 1991
This Ordinance, which was unanimously adopted on First Reading on July 2,
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 $60O,000 will be applied to
principal and $1.6 million to interest over the next two years.
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. The property at 2707
South Taft Hill Road was acquired in May 1991.
On July 2, Council unanimously adopted Resolution 91-95 Approving an
Agreement Giving the City the Option to Purchase the Property Located at
2711 South Taft Hill Road. On July 2, Council also unanimously adopted
on First Reading Ordinance No. 87, 1991, which authorizes the lease of City
property located at 2707 South Taft Hill Road. Both properties are part
of the detention facility site identified by the master plan.
On July 2, Council unanimously adopted Resolution 91-96 Authorizing the
Mayor to Execute an Intergovernmental Agreement with the State Department
of Highways Allocating $5O0,00O of the City of Fort Collins' Federal -Aid
Urban System (FAUS) Money to the Signal System Expansion Project. This
Ordinance, which was unanimously adopted on First Reading on July 2,
appropriates the $50O,O0O in unanticipated revenue (FAUS) in the 1991
Budget to the traffic control signal system. These funds are to be used
for engineering, material procurement, and installation of traffic signals.
Course.
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21.
July 16, 1991
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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, which
was unanimously adopted on First Reading on July 2, 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.
This ordinance adds a section to the City Code concerning contempt of
Court. The new section, Section 19-3, defines contempt of Court and sets
out specific procedures for dealing with contempt committed either in or
out of the presence of the Court.
The cities of Fort Collins and Loveland have been using a consultant for
deflection testing of pavements as part of their pavement management
programs. An opportunity has come up to purchase a used "RoadRater"--the
deflection testing equipment --from the consultant who has provided these
services in the past. The Engineering staffs of the two cities have
evaluated the opportunities and benefits that purchasing this RoadRater
would offer, and recommend jointly purchasing the equipment.
The City has required the developers of Arapahoe Farm P.U.D. to realign
Harmony Road in accordance with the Master Street PTan. Harmony Road will
leave its present alignment just west of Regency Drive and curve north and
west to meet County Road 38E at Taft Hill Road.
In accordance with Section 24-121, the Street Oversizing Fund is used to
purchase additional right-of-way when there is a realignment of the '
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July 16, 1991
roadway. Harmony Road is classified as a major arterial in the Master
Street Plan, requiring a 120 foot wide right-of-way through this property.
The Street Oversizing Fund would typically pay for the 66 foot wide
oversized portion of right-of-way. However, since the present right-of-
way for Harmony Road will be vacated back to the developer in the future,
the City has negotiated an agreement where the Street Oversizing Fund will
compensate the developer for only a 60 foot wide right-of-way.
The purchase price of $79,717 has been determined in consultation with an
M.A.I. appraiser.
22. Routine Deeds and Easements.
Powerline easement from Ronald and Wendy Poppen-Chambers, 1125 W.
Oak Street, needed to underground existing overhead electric
services. Monetary consideration: $10.
b. Powerline easement from Elizabeth Mae Thompson, 1405 LaPorte Avenue,
needed to underground existing overhead electric services. Monetary
Consideration: $10.
C. Easement from Kenneth J. Wittreich and Yvonne M. Wittreich, 708 E.
' Alpert Court, needed for the Stover/Stuart Bridge Project. Monetary
Consideration: $2,653.50 (based on consultation with a M.A.I.
appraiser).
d. Powerline easement from Sally Juday and Kristie M. Rempfer, as Joint
Tenants, d/b/a R. J. Associates, 141 N. Lyons, needed to underground
existing overhead electric services. Monetary consideration: $10.
26. Second Reading of Ordinance No. 89, 1991, Fixing the Salary of the
Municipal Judge.
27.
City Council met in Executive Session on June 11 to conduct the performance
appraisal for Municipal Judge Kathleen M. Allin. In 1989, the Mayor
entered into an Employment Agreement with Kathleen Allin for a two-year
term as Municipal Judge beginning July 1, 1989. This Ordinance, which was
adopted as amended on First Reading on July 2 by a vote of 5-1, sets the
Judge's base salary at $52,000 per annum.
In November and December of 1990, the City solicited sealed bids for the
sale of SouthRidge Golf Course. During the bid process, staff"learned that
the common areas (green belts) owned by the SouthRidge Greens Community
Association, a homeowners' association, were being irrigated with raw water
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transmitted and distributed through the South Ridge Golf Course irrigation
system. The Association has no way of converting to its own irrigation
system without considerable expense to the Association, so it is now asking
the City to enter into an agreement with it to continue to utilize the
City's golf course irrigation system for an annual fee, in exchange for
the Association allowing the City to continue using certain common areas
owned by the Association for access easements to the golf course for the
City's golfers and maintenance equipment.
The previous City Council Policy Agenda included a goal to develop a
Single -Room -Occupancy (SRO) Policy for the City. On January 22, 1991, the
Council conducted a work session to discuss a proposed SRO Replacement
Policy for redevelopment projects which receive City financial assistance.
It was the consensus of the Council at the worksession that a policy
specifically directed at SRO units was not desired. Rather, Council
directed staff to prepare a general policy requiring development and
redevelopment projects to submit information which the Council could use
to determine the public benefits and trade-offs of a project which requests '
financial assistance from the City. The resolution establishes such a City
policy.
29. Items Pertaining to Open Meetings.
A. Resolution 91-102 Regarding Posting of Public Notice With the Office
of the City Clerk.
Hearing and First Reading of Ordinance No. 91, 1991, Amending Chapter
2 Pertaining to Meetings of the City Council and its Committees,
Boards and Commissions.
Hearing and First Reading of Ordinance No. 92, 1991, Amending Chapter
2 Pertaining to the Kinds of Personnel Matters That may be Discussed
in Executive Sessions.
Resolution 91-102 would designate the second floor hall lobby of City Hall
West as the appropriate place for the posting of public notice for any
gatherings of the City Council or its committees, boards and commissions
for which public notice is not presently required under the provisions of
the City Code. Ordinance No. 91, 1991 would: (1) require public notice
for special meetings of the City Council; (2) remove the provisions in
Section 2-32(a) of the Code which exempts the Ethics Review Board from the
open meetings requirement of the Code for Council committees; and (3)
change the requisite vote for any executive session to be held from a '
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July 16, 1991
simple majority to two-thirds of the members present. Ordinance No. 92,
1991 would modify the executive session provisions contained in Section
2-31 of the Code so as to permit the Ethics Review Board to meet in
executive session to consider situations involving potential conflicts of
interest.
NOTE: This meeting needs to be adjourned to July 23, 1991 to allow Council to
consider adjourning into Executive Session to conduct the mid -year
evaluations of the City Manager and City Attorney.
Ordinances on Second Reading were read by title by Wanda Krajicek, City Clerk.
Item #7. Items Related to the Burlington Northern Southeast First Annexation
and Zoning.
Item #8
Item #9
Item #10.
A.
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Items Related to the East Lincoln Avenue Second Annexation and
Zoning.
A.
B.
Items Related to the Huber Annexation and Zoning.
Items Related to the Service Center Fifth Annexation and Zoning.
Im
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Item #11.
July 16, 1991 '
Item #12. Items Amending Chapter 8. Article IV of the Code Relating to
Purchasing and Contracting.
Item #13.
Item #14
Item #15.
A.
Contracts which may be Executed Without Council Approval.
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Second Reading of Ordinance No. 84, 1991 Authorizing $50,000 in
Funding for Electric Energy -related Loans through the Zero Interest '
Loans for Conservation Help (ZILCH) Program. Using Funds from Light
and Power's 1991 Contingency Appropriation and Appropriating the
Original $50,000 of ZILCH Revenue Sharing Monies for the Purpose of
Making Air Quality -Related ZILCH Loans.
Second Reading of Ordinance No. 85, 1991, Amending Chapters 10, 26,
and 29 of the Code of the City of Fort Collins Relating to Flood
Prevention and Protection, the Stormwater Utility and Required
Improvements Prior to Issuance of Certificate of Occupancy.
Item #16. Second Reading of Ordinance No. 87, 1991, Authorizing the Lease of
2707 South Taft Hill Road.
Item #17
Item #18.
Second Reading of Ordinance No. 88, 1991, Appropriating Unanticipated
Revenue in the Transportation Services Fund.
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July 16, 1991
Item #26.
Ordinances on First Reading were read by title by Wanda Krajicek, City Clerk.
Item #19.
Item #20.
Item #21
Item #27.
Court.
Resolution 91-104 Authorizing the Purchase of Vacant Land for Harmony
Road Right -of -Way.
Transmission of Raw Water at SouthRidge Golf Course.
Item #29. Items Pertaining to Open Meetings.
a
C.
Councilmember Azari made a motion, seconded by Councilmember Fromme, to adopt
and approve all items not removed from the Consent Calendar. The vote on
Councilmember Azari's motion was as follows: Yeas: Councilmembers Azari,
Edwards, Fromme, Horak, Kirkpatrick, Maxey and Winokur. Nays: None.
THE MOTION CARRIED.
Ordinance No. 93, 1991,
Amending Chapter 19 of the
Code of the City of Fort Collins Relating
to Municipal Court. Postponed to Later in the Meeting
Councilmember Horak made a motion, seconded by Councilmember Winokur, to table
the item until later in the meeting since not all Councilmembers had received
the new materials.
The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers
' Azari, Edwards, Fromme, Horak, Kirkpatrick, Maxey and Winokur. Nays: None.
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THE MOTION CARRIED.
Resolution 91-104
Authorizing the Purchase
of Vacant Land for Harmony
Road Right -of -Way. Postponed to August 6
The following is staff's memorandum on this item.
"FINANCIAL IMPACT
The funds for the purchase of this additional right-of-way are budgeted and
appropriated in the Street Oversizing Fund. Total purchase price is $79,717.
EXECUTIVE SUMMARY
The City has required the developers of Arapahoe Farm P.U.D. to realign Harmony
Road in accordance with the Master Street Plan. Harmony Road will leave its
present alignment just west of Regency Drive and curve north and west to meet
County Road 3BE at Taft Hill Road.
In accordance with Section 24-121, the Street Oversizing Fund is used to purchase
additional right-of-way when there is a realignment of the roadway. Harmony Road '
is classified as a major arterial in the Master Street Plan, requiring a 120 foot
wide right-of-way through this property. The Street Oversizing Fund would
typically pay for the 66 foot wide oversized portion of right-of-way. However,
since the present right-of-way for Harmony Road will be vacated back to the
developer in the future, the City has negotiated an agreement where the Street
Oversizing Fund will compensate the developer for only a 60 foot wide right-of-
way.
The Street Oversizing Fund is normally used for right-of-way purchase in these
cases of realignment of an arterial street. The typical case involves moving
a roadway to miss an obstacle, such as a lake, or to preserve a stand of trees.
In this case, however, a major arterial is being realigned for almost one-half
mile, which makes this an unusual transaction because of the size of the
purchase. The purchase price of $79,717 has been determined in consultation
with an M.A.I. appraiser.
The Developer of Arapahoe Farms P.U.D. is planning to develop the site in phases.
The First Filing.of Arapahoe Farms P.U.D. is currently in the Planning approval
process. The City is requiring the full dedication at Harmony Road right-of-
way with the first phase of the development."
Councilmember Maxey made a motion, seconded by Councilmember Azari, to adopt
Resolution 91-104.
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Director of
Engineering Gary Diede gave a presentation on
this item and clarified
the plan is
proceeding as originally scheduled.
Councilmember
Maxey made a motion, seconded by Councilmember
Winokur, to table
discussion
on Resolution 91-104 until the August 6, 1991
meeting.
The vote on
Councilmember Maxey's motion was as follows:
Yeas: Councilmembers
Azari, Fromme, Horak, Kirkpatrick, Maxey and Winokur.
Nays: Councilmember
Edwards.
THE MOTION CARRIED.
Ordinance No. 93, 1991,
Amending Chapter 19 of the
Code of the City of Fort Collins Relating
to Municipal Court, Option B Adopted on First Reading
The following is staff's memorandum on this item.
"EXECUTIVE SUMMARY
This ordinance adds a section to the City Code concerning contempt of Court.
' The new section, Section 19-3, defines contempt of Court and sets out specific
procedures for dealing with contempt committed either in or out of the presence
of the Court.
BACKGROUND:
This ordinance adds Section 19-3 to the City Code, granting specific contempt
authority to the Municipal Court. The wording of the section is very similar
to that found in Rule 407, Colorado Rules of County Court Civil Procedure, which
provides the legal basis for the County Court's contempt powers. Section 19-3
defines the acts and omissions which are considered to be contempt. If the
contempt is committed in the presence of the Court, the order concerning the
contempt is made from the bench immediately. If the contempt is alleged to have
occurred out of the presence of the Court, specific procedures are set out for
handling the case. Guidelines are also given with regard to possible penalties.
Although the Court currently has implicit contempt authority, it would be
beneficial to make the authority explicit by adoption of this ordinanceso that
the acts and omissions which may be cons idered,,,to,be contempt are clear to the
public and procedures are set out for handling such cases."
Councilmember Fromme made a motion, seconded by Councilmember Horak, to adopt
Resolution 91-93 Option B:
Councilmember Fromme spoke to her motion stating Option B more clearly defined
' the phrase "misbehavior".
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July 16, 1991
The vote on Councilmember Fromme's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Fromme, Horak, Kirkpatrick, Maxey and Winokur. Nays: None.
THE MOTION CARRIED.
Staff Reports
Councilmember Fromme reported she attended a coalition meeting regarding
discrimination in schools and extended an invitation to Council and citizens to
attend a meeting on July 24.
Ordinance No. 89, 1991, Fixing the Salary
of the Municipal Judge. Adopted on Second Reading
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. Allin. In 1989, the Mayor entered
into an Employment Agreement with Kathleen Ailin for a two-year term as Municipal
Judge beginning July 1, 1989. This Ordinance, which was adopted as amended on
First Reading on July 2 by a vote of 5-1, sets the Judge's base salary at $52,000
per annum." '
Councilmember Maxey made a motion, seconded by Councilmember Horak, to adopt
Ordinance No. 89, 1991 on Second Reading.
The vote on Councilmember Maxey's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Fromme, Horak, Kirkpatrick, Maxey and Winokur. Nays: None.
THE MOTION CARRIED.
Ordinance No. 94, 1991, Authorizing an
Agreement with SouthRidge Greens Community
Association for the Transmission of Raw Water
at SouthRidge Golf Course. Adopted on First Reading
The following is staff's memorandum on this item.
"EXECUTIVE SUMMARY
In November and December of 1990, the City solicited sealed bids for the sale
of SouthRidge Golf Course. During the bid process, staff. learned that the common
areas (green belts) owned by the�SouthRidge Greens Community Association, a
homeowners' association, were being irrigated with raw water transmitted and
distributed through the SouthRidge Golf Course irrigation system. The
Association has no way of converting to its own irrigation system without '
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July 16, 1991
considerable expense to the Association, so it is now asking the City to enter
into an agreement with it to continue to utilize the City's golf course
irrigation system for an annual fee, in exchange for the Association allowing
the City to continue using certain common areas owned by the Association for
access easements to the golf course for the City's golfers and maintenance
equipment.
BACKGROUND:
During the SouthRidge sale bid process, staff discovered that the SouthRidge
Greens Community Association ("the Association") had hooked the irrigation system
For its common areas (green belts) into the City's golf course irrigation
transmission and distribution system. Bucain allowed this beginning in 1984
when the course opened and the first houses were constructed. Today there are
approximately seven acres of irrigated common areas owned by the Association
using water supplied through the City's pumps and irrigation system. The
Association pipes "T" into the City's irrigation lines throughout the course.
The Association has no way of converting to its own system without considerable
expense to the Association. The Association is in the process of purchasing
its own shares of raw water but until then it will purchase water from the City.
However, the Association needs to use the City's pumps and irrigation system on
a long-term basis.'
' It is not practical to use treated water for irrigation as the use of raw water
is always encouraged for conservation purposes. If the Association had to
convert to treated water, it would cost the Association a substantial amount of
money as it has a large number of irrigation locations throughout the
neighborhood. To develop its own raw water system of delivery and pumps would
even be more expensive. In addition, it is generally assumed that Bucain
originally designed this system of shared raw water usage between the golf course
and the Association because it was believed that Bucain would eventually own
the course after 1988 when the debt was totally paid.
The Association has, therefore, requested that the City enter into an agreement
whereby the Association can continue to utilize the City's irrigation
transmission and distribution lines for an annual fee and for the Association
granting the City access easements for its golfers and maintenance equipment.
These access easements will be valuable to the golf course, especially when
homes are constructed on the vacant lots that are currently providing the access
to the course needed by the City. The Association will pay for the raw water
it uses. Staff believes this approach is the most practical and recommends
entering into such an agreement.
The terms of this agreement will transfer with the sale of the golf course, and
it could be perceived that this solution might limit the"salability of the
course. However, since the course will remain "public" as,a deed restriction
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July 16, 1991 '
condition of the sale, this irrigation issue should be of minimal consequence.
Whoever buys SouthRidge will no doubt want to remain a good neighbor with the
Association."
Councilmember Edwards made a motion, seconded by Councilmember Fromme, to adopt
Ordinance No. 94, 1991 on Second Reading.
Assistant to the Director of Cultural, Library and Recreation Services Jerry P.
Brown gave a presentation on this item and answered Council questions.
The vote on Councilmember Edwards' motion was as follows: Yeas: Councilmembers
Azari, Edwards, Fromme, Horak, Kirkpatrick, Maxey and Winokur. Nays: None.
THE MOTION CARRIED.
Resolution 91-105 Establishing City
Policy Requiring the Submission to the City
of a Financial Assistance Impact Report
(FAIR) From Any Development or Redevelopment
Project Which Receives Financial Assistance
The following is staff's memorandum on this item. I
"EXECUTIVE SUMMARY
The previous City Council Policy Agenda included a goal to develop a Single -
Room -Occupancy (SRO) Policy for the City. On January 22, 1991, the Council
conducted a work session to discuss a proposed SRO Replacement Policy for
redevelopment projects which receive City financial assistance. It was the
consensus of the Council at the worksession that a policy specifically directed
at SRO units was not desired. Rather, Council directed staff to prepare a
general policy requiring development and redevelopment projects to submit
information. which the Council could use to determine the public benefits and
trade-offs of a project which requests financial assistance from the City. The
attached resolution establishes such a City policy.
STAFF REPORT
FINANCIAL ASSISTANCE IMPACT REPORTS
City Council Policy Agenda
PROBLEM STATEMENT
At the present time, there is no City policy establishing a procedure to evaluate
the public benefits and trade-offs of City financial assistance to development
and redevelopment projects. The lack of a City policy could lead to the
following: '
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July 16, 1991
(1) inconsistent case -by -case decision making;
(2) the use of City funds that ultimately conflict with other public
policies, such as the elimination of low-income housing and/or lower
rent commercial space; adverse impacts on natural environmental
systems; and questions of neighborhood compatibility; and
(3) delays, due to public debate, in a development or redevelopment
project's review process.
A City policy could help protect individuals and business operators against
insensitive actions, such as displacement, related to a development or
redevelopment project.
BACKGROUND
The previous City Council Policy Agenda included a goal to develop a Single -
Room -Occupancy (SRO) Policy for the City. On January 22, 1991, the Council
conducted a work session to discuss a proposed SRO Replacement Policy for
redevelopment projects which receive City financial assistance, or benefit from
some other type of City financial involvement. It was the consensus of the
' Council at the work session that a policy specifically directed at SRO units
was not desired. Rather, the Council directed staff to prepare a general policy
requiring development and redevelopment projects to submit information which
the Council could use to determine the public benefits and trade-offs of a
project which requests,.financial assistance from the City.
.R
An approach requiring the submittal of information was favored by the Council
over a policy which established specific rules or regulations and dictated
certain courses of action. Under the current proposal, the Council would utilize
the submitted information in helping to decide if the project deserved the
requested City financial assistance. The utilization of federal funds requires
the compliance with all applicable federal laws and regulations (i.e., the
payment of relocation expenses, the replacement of lost low-income residential
units, payment of salaries according to fair labor standards, the completion of
environmental assessments, etc.).
The City will very likely continue to experience development and redevelopment
activities in the future. The downtown central business district (CBD) is an
area of special community concern because it is a primary focal point for the
community and will likely see increased redevelopment activity as implementation
of the policies contained in the DOWNTOWN PLAN proceed.
An economically viable CBD is a majdr goal of the City's Comprehensive Plan. In
some cases development activity in the community;;and redevelopment activity in
the CBD, will include a request for'some type of financial assistance from the
' City. Development and redevelopment projects will also likely be proposed for
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July 16, 1991 '
properties which will raise issues of public concern. Properties proposed for
development may raise environmental impact issues, questions of neighborhood
compatibility, etc. Redevelopment activities in the downtown are likely to be
proposed for properties which currently provide some type of lower -income housing
and/or lower rent commercial space. The loss of lower -income housing and lower
rent commercial space is a public concern because of the potential displacement
of low-income individuals and the difficulty in replacing such housing or
commercial space. The orderly development of the community, expansion of
economic opportunities and rejuvenation of the CBD are also major public
policies. Consequently, conflicts over policy issues are likely to occur as
development and redevelopment projects proceed in the future.
A policy requiring the collection of information in a consistent and organized
manner and an impact evaluation process to determine the public benefits and
trade-offs of development and redevelopment activities is needed. Also, since
there are no current major development or redevelopment proposals under review,
the timing may be right to establish a policy and process for evaluating future
proposals.
PROPOSED POLICY
The following policy is proposed for Council's consideration:
It shall be the policy of the City of Fort Collins to require the '
submission to the City of a Financial Assistance Impact Report
(FAIR) for any development and redevelopment project which receives
City financial assistance in any part of the project's cost. The
requirement to submit a FAIR shall be in addition to any other
application and/or reporting requirements for :!�ecific types of City
financial assistance.
"City financial assistance" shall include, but not be limited to:
grants (i.e., Community Development Block Grants); loans (i.e.,
Section 17 Rental Rehabilitation loans); Capital Improvement Program
projects; or bond financing (i.e., Industrial Development Revenue
Bonds, General Obligation Bonds, Tax Increment Financed projects,
Special Improvement Districts, etc.).
The FAIR shall contain detailed information about the current use
of the property (i.e., the number of existing residential units and
rental rates, commercial square footage and lease rates, etc.), the
proposed use of the property, the proposed use of City financial
assistance and any plans for relocation of existing residents or
commercial tenants. The FAIR sha11 also discuss the public benefits
of the project, with special emphasis on how the project's public
value outweighs any public concerns associated with the project
(such as the loss of low-income housing and lower rent commercial
space, if applicable). '
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July 16, 1991
Any previously developed property which remains vacant, or any area
approved for development which remains undeveloped, for three (3)
or more years prior to a request for City financial assistance shall
be exempt from the application of this policy. Vacancy or
undeveloped status shall be determined by utility records, sales tax
receipts, building permits or other such time -dated mechanisms.
The Council shall determine, on a case -by -case basis, whether the
anticipated public benefits of the proposed project, as described
in the FAIR, are sufficient to warrant financial assistance from the
City.
The FAIR will be submitted to the City's Financial Officer along with other
material necessary to request specific types of City financial involvement in
the proposed development or redevelopment project. The Financial Officer will
coordinate City staff reviews of the FAIR and will forward comments and/or
recommendations to the City Council for its final decision.
DOWNTOWN DEVELOPMENT AUTHORITY (DOA) CONCERNS
The proposed policy establishing a requirement for a FAIR was initially
scheduled to be reviewed by the City Council on March 19, 1991, under the title
of a Redevelopment Impact Evaluation Report (RIER). Mr. Chip Steiner, Director
of the Downtown Development Authority, requested postponement of the item to
allow for further review of the policy by the DDA. Mr. Steiner's concerns
included:
(1)
the RIER policy was only directed
at downtown
redevelopment projects and
that most financial assistance
covered by
the policy was available
throughout the city;
(2)
the RIER policy went beyond the
initial issue of SRO displacement and
included commercial displacement;
and
(3)
there was no explanation of the implications
of a "wrong" answer to the
questions of the BIER.
In summary, Mr. Steiner stated the RIER policy as proposed could seriously
jeopardize redevelopment opportunities in the downtown area.
Staff met with Mr. Steiner and the DDA on June 6, 1991, to discuss the DDA's
comments.
The following changes and clarifications have been made to the proposed policy:
(1) the scope of the FAIR policy was clarified to include both development and
' redevelopment projects regardless of location within the community;
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July 16, 1991
(2) expanded the coverage of the FAIR policy to include commercial
displacement, environmental concerns, etc., which was done at the
direction of the Council to address the full range of potential public
concerns related to the use of City financial assistance; and
(3) the purpose of the FAIR was clarified to be a requirement to gather
information about the impacts on public policies and goals; the FAIR is
not to determine the appropriateness of City financial assistance.
Staff believes the current policy meets the previous DDA concerns and provides
only a systematic method of asking questions related to a request for City
financial assistance. A copy of the proposed FAIR policy was submitted to Mr.
Steiner for his review. Mr. Steiner has reviewed the policy and has no further
comments.
OUTLINE
FINANCIAL ASSISTANCE IMPACT REPORTS
FOR PROJECTS
REQUESTING CITY FINANCIAL ASSISTANCE
Statement of Intent
An applicant requesting City financial assistance for a development or '
redevelopment project is required to prepare and submit to the Financial Officer
a Financial Assistance Impact Report (FAIR). The FAIR is intended to collect
information which will be considered by the City Council in the process of
determining the appropriateness of City financial assistance for the project.
The purpose of this outline is to provide a structure so that information is
presented in a consistent and organized manner. The outline, thus, will assist
in the preparation of the information necessary to expedite the processing of
the application for City financial assistance.
The City Council is concerned about several public issue areas covered in the
FAIR which include issues beyond typical financial and planning considerations.
These issues are matters of City policies or publicly desired directions. The
FAIR will be used to evaluate the benefits, impacts, and trade-offs of a
proposed development or redevelopment project which requests City financial
assistance, or has some other type of City financial involvement. The applicant
is advised to address the issues and answer the questions contained in the FAIR
in a manner which the applicant feels is appropriate, knowing there may not be
any "right" or "wrong" answers to the issues or questions. The issues and how
they are to be addressed by the applicant, however, are important to the City
Council and general public.
The following information should be provided within the FAIR:
I. Applicant Information
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July 16, 1991
Each applicant shall provide the following information:
Applicant's name
Address
Telephone Number
Contact Person
Amount of Financial Assistance Requested
Type of Financial Assistance Requested
Descriptive Title of the Project
Signature and Title of the Applicant's Authorized Representative
II. Scope of the Proiect
This section is intended to provide information on the public benefits of the
proposed project. The applicant should generally discuss the scope of the
proposed development or redevelopment project including the project's
conformance with adopted elements of the City's Comprehensive Plan. If
possible, specifically reference the particular goals, objectives, and policies
of adopted elements of the City's Comprehensive Plan which the project
addresses.
Include statements, if applicable to this project, on the following major City
goals:
a. How does the project assist in the orderly development of the
community?
b. Describe the specific economic benefits the City will derive from
the project (such as the expansion of economic opportunities in the
community, generation of sales taxes, property taxes, or other
revenues, etc.).
C. Does the project assist in the mixing of different types of land
uses within a neighborhood?
d. Will the project provide, or assist in providing, a diversity of
housing types offering a variety housing opportunities for different
income levels?
e. Does the project help increase the residential densities of the
neighborhood or area?
f. How does the project protect the natural environmental systems of
the community?
' g. Does the project assist in the economical_ provision of public
services and facilities?
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July 16, 1991
h. Does the project provide for downtown revitalization, encourage
downtown redevelopment activities, or assist in historic
preservation activities?
i. How does the project assist in energy conservation?
III. Pro.iect Impacts
This section is intended to provide information on the public impacts of the
proposed project. As indicated above, public concerns about some of the impacts
of a proposed project are in addition to typical financial and planning
considerations (and include such items as the loss of low-income housing and/or
lower rent commercial space, etc., and the relocation of individuals or business
operations, if applicable).
a. Describe the current use of the property, or area, on which this
project is proposed.
b. Are any persons, families, businesses, or nonprofit organizations
going to be displaced (forced to move permanently) as a direct
result of this project?
C. Will increased rents or lease rates result in economic displacement '
(current tenants being unable to afford the increased costs) because
of this project?
d. Were existing residents and/or businesses located on the property
offered an opportunity to purchase the property prior to initiation
of the proposed development or redevelopment project?
e. What was the earliest date existing residents and/or businesses were
informed of the proposed development or redevelopment project?
f. What is the existing inventory and locations of comparable housing
and/or commercial space, both in terms of type of units and rental
rates, available to the current occupants?
g. What type of relocation assistance, specifically financial
assistance for payment of moving and related expenses, is being
provided to current occupants?
h. What type of advisory or counseling services is being provided to
current occupants?
i. Who is responsible for coordinating overall relocation activities?
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July 16, 1991
j. If the current occupants are to be only temporarily displaced,
outline the steps in detail of this process, including a discussion
of temporary quarters, rental payments, etc.
k. Will the project result in any negative environmental impacts upon
the community?
IV. Trade -Offs
This section is intended to allow for a discussion of the trade-offs that may
have to be made because of the proposed project. The applicant should discuss
how the public benefits of the project (described above under Scope of Project)
are greater than and outweigh the impacts and other potential public concerns
associated with the project (described above under Project Impacts).
V. Pro.iect Costs
Discuss the project's costs and include a specific description identifying the
amount and proposed use of City financial assistance.
VI. Pro.iect Timing
' Present in detail a schedule of the project's timing, including a flow chart of
major steps with estimated starting and completion dates."
Chief Planner Ken Waido gave a presentation on this item.
Bruce Lockhart, 2500 E. Harmony Road, apposed the Resolution.
Councilmember Winokur made a motion, seconded by Councilmember Edwards, adopting
Resolution 91-102, amending it to add at the end of Section 2 the phrase "or
waivers of any City taxes or fees including City fee payments.".
The vote on Councilmember Winokur's motion was as follows: Yeas:
Councilmembers Azari, Edwards, Fromme, Horak, Kirkpatrick, Maxey and Winokur.
Nays: None.
THE MOTION CARRIED.
Items Pertaining to Open
Meetings. Adopted as Amended
The following is staff's memorandum on this item.
"EXECUTIVE SUMMARY
A. Resolution 91-102 Regarding Posting of Public Notice With the Office of
the City Clerk.
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July 16, 1991 '
B. Hearing and First Reading of Ordinance No. 91, 1991, Amending Chapter 2
Pertaining to Meetings of the City Council and its Committees, Boards and
Commissions.
C. Hearing and First Reading of Ordinance No. 92, 1991, Amending Chapter 2
Pertaining to the Kinds of Personnel Matters That may be Discussed in
Executive Sessions.
Resolution 91-102 would designate the second floor hall lobby of City Hall West
as the appropriate place for the posting of public notice for any gatherings of
the City Council or its committees, boards and commissions for which public
notice is not presently required under the provisions of the City Code.
Ordinance No. 91, 1991 would: (1) require public notice for special meetings
of the City Council; (2) remove the provisions in Section 2-32(a) of the Code
which exempts the Ethics Review Board from the open meetings requirement of the
Code for Council committees; and (3) change the requisite vote for any executive
session to be held from a simple majority to two-thirds of the members present.
Ordinance No. 92, 1991 would modify the executive session provisions contained
in Section 2-31 of the Code so as to permit the Ethics Review Board to meet in
executive session to consider situations involving potential conflicts of
interest.
BACKGROUND:
'
Effective June 1, 1991, the provisions of the Colorado Sunshine Act of 1972 were
amended to extend the application of the Act to the meetings of local public
bodies, including home rule cities. It is the position of the City of Fort
Collins that the regulation of meetings of its officials and employees is a
matter of purely local concern and that the City is permitted by law to
determine at the local level the kinds of rules and regulations that should be
imposed upon such meetings. Nonetheless, adoption of the proposed resolution
and ordinances would enable the City to comply with the Act as well as its own
rules and regulations regarding the conduct of meetings.
Provisions of the Amended Sunshine Act
The requirements of the revised state law may be summarized as follows:
1. All meetings of a quorum or three or more members of the Council or
its committees, boards and commissions, must be open.to the public if any public
business is to be discussed or any formal action is to be taken. Meetings of
administrative staff are excluded''from this requirement. Additionally, the open
meetings requirement does not apply to any "chance meeting or social gathering"
at which the discussion of public business is not the central purpose.
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2. Full and timely public notice must be given of any meetings at which
the adoption of any proposed policy position, resolution, rule or regulation or
Formal action occurs or at which a majority or quorum of the body is in
attendance or is expected to be in attendance. In addition to any other means
of full and timely notice, the Council may designate a public place within the
City at which notice may be posted no less than 24 hours prior to the holding
of the meeting. The place for posting notice is to be designated annually and
the notice is to include specific agenda information where possible.
3. Minutes are required to be maintained of any meeting at which the
adoption of any proposed policy position, resolution, rule or regulation or
formal action occurs or could occur. Minutes are not required to be kept of
other meetings, even though a majority or quorum of the members is in
attendance. If an executive session is held, the minutes of the meeting are to
reflect the general topic of the discussion at the executive session.
4. Executive sessions may be held for a variety of purposes specified in
the statute, but only upon the affirmative vote of two-thirds of the quorum
present. The purposes for which executive sessions can be held under the
Sunshine Act are more permissive than the purposes permitted under the
provisions of the City Charter and Code.
' Differences Between the Sunshine Act and the City Code
The following differences between the provisions of the City Code and the
Sunshine Act would be addressed by the proposed resolution and ordinances:
There is presently no local requirement for special meetings
of the City Council to be held only after notice to the
public. Section I of Ordinance No. 91, 1991 would add a
notice requirement for special meetings of the Council.
The Code presently requires public notice only of those
meetings of the Council or its committees, boards and
commissions at which formal action is to be taken. Resolution
91-102 would provide a mechanism for providing notice to the
public for those other gatherings of the Council and its
committees, boards and commissions which would constitute
"meetings" under the Sunshine Act, i.e., those gatherings at
which a quorum is present. These would include Council work
sessions and retreats and the retreat work sessions and
committee meetings of Council boards and commissions.
The Ethics Review Board is presently exempte& from the open
meetings requirement that is imposed upon all other Council
committees. Section 3 of Ordinance No. 91,. 1991 would
' eliminate this exception.
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July 16, 1991
Both the City Charter and the City Code permit executive
sessions to be held upon majority vote. Under Section 2 and
4 of Ordinance No. 91, 1991, no executive session could be
held except upon the affirmative vote of two-thirds of the
members present at the meeting.
In .order to enable the Ethics Review Board to meet in
executive session when necessary, Ordinance No. 92, 1991 would
expand the permitted purposes for such executive sessions.
The expanded purpose would still fall within the permitted
purposes for executive sessions under the City Charter and the
Sunshine Act."
City Attorney Steve Roy gave a explanation on these items.
Councilmember Azari made a motion, seconded by Councilmember Edwards, to adopt
Resolution 91-102.
Councilmember Azari made a motion, seconded by Councilmember Horak, amending
Section 2 of Resolution 91-102 to replace the word "encourages" with the word
"directs".
The vote on Councilmember Azari's motion to amend was as follows: Yeas: '
Councilmembers Azari, Edwards, Fromme, Horak, Kirkpatrick, Maxey and Winokur.
Nays: None.
THE MOTION CARRIED.
The vote on Councilmember Azari's motion as amended was as follows: Yeas:
Councilmembers Azari, Edwards, Fromme, Horak, Kirkpatrick, Maxey and Winokur.
Nays: None.
THE MOTION CARRIED.
Bruce Lockhart, 2500 E. Harmony Road, requested meeting notices be posted on
outside bulletin boards. _
Councilmember Horak spoke of alternative methods to inform the public of meeting
information.
Councilmember Horak made a motion, seconded by Councilmember Fromme, to adopt
Ordinance No. 91, 1991 on First Reading.
The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Fromme, Horak, Kirkpatrick, Maxey and Winokur. Nays: None.
THE MOTION CARRIED. ,
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July 16, 1991
Councilmember Maxey made a motion, seconded by Councilmember Edwards, to adopt
Ordinance No. 92, 1991 on First Reading.
Councilmember Maxey made a motion, seconded by Councilmember Azari, amending
Ordinance No. 92, 1991 in Section 2, paragraph (c), replacing the phrase
"potential conflicts of interests with individual city personnel" with
"potential conflicts of interests with individual Councilmembers or City board
or commission members".
The vote on Councilmember Maxey's motion to amend Ordinance no. 92, 1991 was as
follows: Yeas: Councilmembers Azari, Edwards, Fromme, Horak, Kirkpatrick,
Maxey and Winokur. Nays: None.
THE MOTION CARRIED.
The vote on Councilmember Maxey's motion as amended was as follows: Yeas:
Councilmembers Azari, Edwards, Fromme, Horak, Kirkpatrick, Maxey and Winokur.
Nays: None.
THE MOTION CARRIED.
' Other Business
Councilmember Winokur made a motion, seconded by Councilmember Fromme, to adopt
Resolution 91-106, Assigning a Councilmember as Liaison to the Community Air
Quality Task Force, inserting the name of Gerry Horak.
The vote on Councilmember Winokur's motion was as follows: Yeas:
Councilmembers Azari, Edwards, Fromme, Horak, Kirkpatrick, Maxey and Winokur.
Nays: None.
THE MOTION CARRIED.
Councilmember Horak inquired when the information he requested would be
available regarding alternatives in investigating citizen complaints involving
police officers.
City Manager Steve Burkett stated the report would be completed by August 1.
Chief of Police Fred Rainquet spoke of the incident in Old Town Square and
reported on the investigation.
Councilmember Azari speaking as liaison for the Human Relations Commission
offered the Commission's assistance in analyzing the materials as well *as
drafting recommendations.
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July 16, 1991
David Lipp, former Human Relations Commission member residing at 626 Remington, ,
disagreed with the Police Department conducting its.own investigation.
Al Bacilli, 520 Galaxy Court, spoke in support of forming a Citizen Review
Board.
Councilmember Horak made a motion, seconded by Councilmember Azari, to hold a
worksession on July 30, 1991, for the purpose of reviewing the police services
report and discussing substance and process.
The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Fromme, Horak, Kirkpatrick, Maxey and Winokur. Nays: None.
THE MOTION CARRIED.
Councilmember Azari about Council interest in discussing the possible
development of a reserve fund, through the jet fuel tax, to assist in the
funding of the United Airlines maintenance facility.
Councilmember Winokur made a motion, seconded by Councilmember Azari, to empower
the Leadership Team to convene a televised public forum related to United
Airlines proposal.
The vote on Councilmember Winokur's motion was as follows: Yeas: '
Councilmembers Azari, Kirkpatrick and Winokur. Nays: Councilmembers Edwards,
Fromme, Horak and Maxey.
THE MOTION FAILED.
Councilmember Fromme requested information on the personal responsibilities of
Mr. Bucain and Mr. Buckley regarding SouthRidge.
Councilmember Winokur made a motion, seconded by Councilmember Azari, to adjourn
to July 23 at 6:15 p.m. for the purpose of adjourning into Executive Session to
conduct mid -year evaluations of the City Manager and City Attorney.
The vote on Councilmember Winokur's motion -was as follows: Yeas:
Councilmembers Azari, Edwards, Fromme, Horak, Kirkpatrick, Maxey and Winokur.
Nays: None.
THE MOTION CARRIED.
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July 16, 1991
Adjournment
The meeting adjourned at 10:20 p.m.
Mayor
ATTEST:
I" -
City Clerk
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