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HomeMy WebLinkAboutMINUTES-12/15/1987-RegularDecember 15, 1987 ' 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, December 15, 1987, at 6:30 p.m. in the Council Chambers in the City of Fort Collins City Hall. Roll call was answered by the following Councilmembers: Estrada, Horak, Kirkpatrick, Mabry, Maxey, Stoner, and Winokur. Staff Members Present: Burkett, Huisjen, Krajicek Citizen Participation A. Proclamation Naming December 13-19 as Drunk and Drugged Driver Awareness We was accepted by Jody Rankin, Governor's Traffic Safety Advisory Committee. Joe Stern, 1221 Laporte Avenue, asked Council to adopt a Resolution in support of the INF treaty. Larry Scott, 2821 Eagle Drive, member of the Larimer County Citizens for Tax Reform, reported that a petition had been filed with the City Clerk calling for Ordinance No. 181, 1987 to be repealed. He urged Council to hold back on all recommendations for spending. Jack Richardson, 2912 Eagle Drive, asked several questions relating to the Transportation Utility Fee collected to date. Paul Bates, 609 Duke Lane, spoke in favor of a Council Resolution supporting the INF treaty. Agenda Review• City Manager City Manager Burkett stated several Councilmembers had requested that Item #21, Resolution 87-185 Making Appointments to the CHOICES 95 Capital Improvements Advisory Committees, be delayed until December 22 at an adjourned meeting. Larry Scott, 2821 Eagle Drive; requested Item of Ordinance No. 193, 1987, Amending Section #9, Hearing and First 22-99 Reading of Fort Collins Relating to Reallocation of the Code of of Assessments for the City Special Improvement Districts, Item #10, Hearing and First 194, 1987, Amending Reading of Ordinance No. Section 22-38 of the Code Relating to Changes Public Improvement Districts, and Item #13, Items in Local Pertaining to the -311- December 15, 1987 Extension of the Agreement with Historical Opera House, be removed from the Consent Agenda. Consent Calendar This Calendar is intended to allow the City Council to spend its time and energy on the important items on a lengthy agenda. Staff recommends approval of the Consent Calendar. Anyone may request an item on this calendar be "pulled" off the Consent Calendar and considered separately. Agenda items pulled from the Consent Calendar will be considered separately under Agenda Items #18 and #27, Pulled Consent Items, except items pulled by anyone in the audience or items that any member of the audience is present to discuss that were pulled by staff or Council. These items will be discussed immediately following the Consent Calendar. 5. Consider approval of the minutes of the regular meeting of December 1 6. Second Readinn of m- ,en ,nn, .,. .. 7. FIM This ordinance, which was December 1, will increase Budget. The Residential, increase 4%, but will be approved by Council during Oversizing Ordinance. unanimously adopted on First Reading on the Street Oversizing Fees for the 1988 Commercial, and Industrial fees will less than the projections reviewed and the effective term of the 1986 Street Several funds require supplemental appropriations for 1987 expenditures. This Ordinance, which was unanimously adopted on First Reading on December 1, appropriates $96,000 in the General Fund for the upkeep and maintenance of the Block 31 property and $101,000 from the Employees Retirement Plan Pension Fund for payments to additional retirees and administrative costs. Taxes. The proposed Ordinance contains several amendments to Article III of Chapter, 25 of the Code of the City of Fort Collins relating to sales and use taxes. This Article was revised in its entirety in the fall of 1986. Since that time, staff has determined that the proposed changes are either required by recent changes in state law or would be appropriate for purposes of clarifying the application of the sales and use tax and insuring the enforceability of the same. -312- i1 December 15, 1987 ' 9. Hearing and First Reading of Ordinance No 193 1987 Amending Section 22 99 of the Code of the Cit Of Fort Collins R lating to Reallocation of Assessments for Special Improvement Districts 10. The Code provisions pertaining to the reallocation of assessments should be revised in order to permit the City to initiate its own reallocations, if necessary, whenever district properties are subdivided. Such reallocation is necessary to assist the County in properly assessing the subdivided parcels. This Ordinance would permit the expansion of the geographic boundary of an SID after improvements have been made and assessments levied on properties within the SID. A. Resolution 87-180 Authorizing the Mayor to Apply to the Northern Colorado Water Conservancy District for Cancellation of Temporary Use Permits. ' B. Hearing and First Reading of Ordinance No. 195, 1987, Applying and Contracting for Beneficial Use of Water on Behalf of the City of Fort Collins and Prescribing the Terms for Application for an Allotment of Water to Said City by Northern Colorado Water Conservancy District. I1 This resolution and ordinance are needed to apply for the transfer of 2,814 acre-foot units of Colorado -Big Thompson (CBT) Project water held by Fort Collins under Temporary Use Permits to a permanent Class B Contract. The Northern Colorado Water Conservancy District (NCWCD) requires that Temporary Use Permits be converted to a permanent Class B Contract every few years. 12. Items Relating to Front Range Farms Annexation and Zoning. Resolution 87-181 Finding Substantial Compliance and Initiating Annexation Proceedings for Front Range Farms IT Annayafin� First Reading of Ordinance No. 196, 1987, Annexing Approximately 79.45 Acres Known as Front Range Farms II Annexation. First Reading of Ordinance No. 197, 1987, Zoning Approximately 79.45 Acres, Known as Front Range Farms II Annexation, into the I-L Limited Industrial Zoning District. -313- December 15, 1987 13. This is a request to annex and zone approximately 79.45 acres located north of East Vine Drive and east of I-25. The requested zoning is the I-L, Limited Industrial, Zoning District, with a planned unit development condition. The property is presently undeveloped. A. Resolution 87-182 Extending Agreement Between Historical Opera House Properties Ltd., the Downtown Development Authority, and the City. B. Resolution 87-183 Authorizing the Execution and Delivery of a First Supplemental Indenture of Trust and a First Amendment to Loan Agreement and Other Documents in Connection with the City's Industrial Development Revenue Bonds for the Opera House Project. On December 16, 1986, the City Council adopted Ordinance 196, 1986 which ordinance approved the issuance of $5,800,000 in Industrial Development Revenue Bonds for the Opera House Project. The City was to loan the proceeds of those bonds to Historical Opera House Properties, Ltd. for the purpose of constructing the Opera House Project. To date the aggregate principal remains intact and the project has not been initiated. In April of 1987, an agreement was signed between Historical Opera House Properties, Ltd., the City and the Downtown Development Authority, which agreement authorized reimbursement to the developer for expenses associated with public improvements to be made in conjunction with the Opera House Block Project. The reimbursement was not to exceed $404,000. The City and the ODA have been asked by Mr. Walt Brown of Historical Opera House Properties, Ltd. for an extension of time in which to commence construction of the project. Original documents required that the construction of the project be commenced before January 8, 1988, and Mr. Brown has determined that this deadline cannot be met. He is requesting that the City and the DDA extend all the agreements to July 8, 1988. The DDA Board of Directors has voted to approve Mr. Brown's request, and Resolution 87-182 would give approval by the City Council to the extension of the developer reimbursement contract. Resolution 87-183, if adopted by the City Council, would approve the forms of the First Supplemental Indenture and the First Amendment to Loan Agreement, which documents have been drafted to grant the extension,sought by'Mr. Brown. This approval is conditioned upon the execution and delivery of an Amended Letter of Credit by December 23, 1987. The purpose of this letter of credit is'to secure the payment of the principal of, up to 120 days' interest on and the repurchase 314- December 15, 1987 1 14. 15. 16. 1 price of the Industrial Development Revenue Bonds issued for the project. In the event the letter of credit is not received, the City would not be obligated to grant the extension requested by Mr. Brown. The City of Fort Collins has contracted with the Humane Society for Larimer County for animal control services since 1981. This year's contract is for a continuation of that service. The contract again Provides for both animal control enforcement and shelter care. The contract totals $146,713. Of this total, $108,713 is allotted for enforcement and the remaining $38,000 is for shelter care. Animal control enforcement coverage will continue on the same schedule as in 1987: Monday - Friday 6:00 a.m. to 10:30 p.m. and Saturday and Sunday 8:00 a.m. to 6:00 p.m. The contract relationship between the City and the Humane Society for Larimer County remains excellent, with the Society dedicated to providing professional animal control enforcement, care and education to the community. On November 4, 1986, the City Council adopted a resolution authorizing the City Manager to enter into an agreement with the Fort Collins Convention and Visitors' Bureau. The Council is authorized to name six of the seventeen Board members. Two positions representing the performing arts and City -at -Large are vacant due to expiration of their terms. Advertisements were placed seeking applicants and interviews were conducted by Susan Kirkpatrick for the Board of Directors. In keeping with Council's policy, these recommendations were made public at the December 1 meeting and tabled to December 15 to allow for public input. The prospective City Council appointees are as follows: City -at -Large Terry Sarazin Performing Arts Bruce Freestone December 31, 1990 December 31, 1990 Resolution 87-177 Authorizing, the Mayor to Execute a Quitclaim Deed Conveying to Cowan Concrete Products, Inc. the City's interest in the Chaffee Ditch Right -of -Way. -315- December 15, 1987 17 Motion Accepting Trail Easements from Cowan Concrete Products, Inc. In this exchange, the City would transfer to Cowan Concrete Products, Inc. (previously known as Mobile Pre -Mix) the City's interest in the Chaffee Ditch right-of-way by quitclaim deed. In exchange, the City will acquire easements for the Poudre Trail adjacent to the Strauss Cabin Trailhead area. The Parks and Recreation Department construction of the Poudre Trail at due to limited space because of the Cowan Concrete, adjacent landowner exchange the needed trail easemen interest in the Chaffee Ditch. requires additional land for the the Strauss Cabin Trailhead area Poudre River. Discussions with resulted in an agreement to t for the City's right-of-way The City had acquired interests in the ditch in the 1970's. The ditch has not been active and is not required for any present or future City needs. Cowan Concrete could use the ditch for future development of its site on Timberline Road. The City will not be transferring water rights; only its interest in the Chaffee Ditch right-of-way. This right-of-way is about 0.75 of a mile long with no defined width. The trail easements (4 tracts) from Cowan Concrete will total 1.492 acres. Routine Deeds and Easements a. Storm drainage easements from Progressive Living Structures, Inc., a Colorado corporation, and Harl P. Clark and Audria E. Clark to provide for regional storm drainage to serve the Horsetooth Commons P.U.D. and other areas upstream. The Clark property costs more because the land is developable. The other property costs less because it is between Shields Street and a detention pond, and therefore, not developable. Consideration: $320 (Progressive Living) and $2,778.50 (Clark). b. Drainage easement from Clarendon Hills Associates in connection with the Clarendon Hills First Filing Subdivision. The easement is needed for street- drainage to be routed to Fossil Creek. Considerakion: None. Powerline easement from Kenneth Weng located at 203 East Vine Drive needed to underground existing overhead electric system. Consideration: $435. Deed of Easement from Evelyn K. Anderson for foothills pressure zone water improvement. Consideration: $1,533. -316- 1 u December 15, 1987 Ordinances on Second Reading were read by title by Wanda Krajicek, City Clerk. Item #6. Item #7. Ordinances on First Reading were read by title by Wanda Krajicek, City Clerk. Item #8. Item #9. Item #10. Item #11. B. Item #12. B. C. Councilmember Mabry made a motion, seconded by Councilmember Stoner, to adopt and approve all items not removed from the Consent Calendar. Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Mabry, Maxey, Stoner, and Winokur. Nays: None. THE MOTION CARRIED. -317- December 15, 1987 Ordinance No. 193, 1987, Amending Section 22-99 of the Code of the City of Fort Collins Relating to Reallocation of Assessments for Special Improvement Districts Adopted on First Readies Following is staff's memorandum on this item: "Executive Summary The Code provisions pertaining to the reallocation of assessments should be revised in order to permit the City to initiate its own reallocations, if necessary, whenever district properties are subdivided. Such reallocation is necessary to assist the County in properly assessing the subdivided parcels. Background Frequently, parcels of land subject to SID assessment are subdivided. This subdivision requires the reallocation of assessments, whether or not a sale actually occurs, in order to conform the City's assessment roll to the County Assessor's records, which are kept by parcel and tax schedule number. In the absence of such a reallocation, considerable confusion results as to the amount of assessment which should actually be imposed upon the subdivided parcels within the original tract. At present, the Code only provides property owners with an opportunity to request such reallocation, subject to review by the City's Financial ' Officer. The proposed change in Section 22-99 of the Code would re uire that such reallocation be proposed in the event of any subdivision. And, if the proposal is unacceptable or if the owner of the subdivided tract fails to submit such a proposal, the change in the Code would permit the City to itself initiate a reallocation. A City -initiated reallocation would occur only after notice and hearing and would be determined according to the same methods which are prescribed for the initial assessment. In this instance, however, the reallocation hearing would be held before the Financial Officer, subject to Council review at the request of the property owner(s). If, for any reason, reallocation does not occur as required, then the original assessment would continue as a lien against the entire subdivided tract." Councilmember Kirkpatrick made a motion, seconded by Councilmember Stoner, to adopt Ordinance.No. 193, 1987 on First Reading. Larry Scott, 2821 Eagle Drive, requested Council table Ordinance No. 193, 1987 until January 5 to allow more time for citizen review. Councilmember Stoner stated the Ordinance was being considered on first reading and indicated Mr. Scott could review the Ordinance prior to second reading. -318- December 15, 1987 ' Councilmember Kirkpatrick stated that because there are five weeks in December, there would be three weeks between first and second reading. Councilmember Horak suggested Mr. Scott present his input to Council in writing prior to second reading. The vote on Councilmember Kirkpatrick's motion to adopt Ordinance No. 193, 1987 on First Reading was as follows: Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Mabry, Maxey, Stoner, and Winokur. Nays: None. THE MOTION CARRIED. Ordinance No. 194, 1987, Amending Section 22-38 of the Code Relating to Changes in Local Public Improvement Districts. Adopted on First Reading Following is staff's memorandum on this item: "Executive Summary This Ordinance would permit the expansion of the geographic boundary of an SID after improvements have been made and assessments levied on properties within the SID. Conditions under which such expansion would be permitted ' are outlined as follows: a. Public notice would be given and a public hearing would be held. b. All property owners in the district would be required to consent in writing to the boundary change within the district. Additional written consents could be required for lien holders and other persons whose interests might be adversely affected by the proposed modification. c. No district boundary would be enlarged subsequent to the issuance of bonds for the district if, in the judgement of the City, to do so would impair the rights of the City or the bond holders. d. A particular boundary change would be allowed only if it would result in the inclusion of additional property within the district. No change that would result in the exclusion of existing district property would be permitted. e. Additional properties to be included within the district would have to be specially benefited in amounts at least equal to the amounts of the assessments to be levied upon such properties, and total cost of the improvements would be apportioned among the properties in the district in fair approximation of the special benefits conferred. F. No change would be permitted if it would result in any increase in the ' amount of any individual property assessment or the amount of any -319- December 15, 1987 annual installment payment to be made by any property owner within the ' district. Background The Heart Special Improvement District #84 was created on October 31, 1984, with an agreement between the City and the district property owners that the improvements would be constructed to City standards, and after City inspection and acceptance of completed improvements, the district property owners would be reimbursed through the sale of tax exempt municipal bonds. Pursuant to this agreement, the infrastructure improvements were completed from April through September of 1985. The improvements included extension of the City's existing sanitary sewer system, water distribution system, storm drainage system, and street system. In addition, an existing irrigation ditch was relocated and improved as part of the storm drainage improvements. A11 improvements have been accepted by the City for maintenance. The district is located on the east of South College Avenue, midway between Horsetooth and Harmony. The improvements generally include the construction of JFK Parkway from Boardwalk Drive, south to 600 feet south of Troutman Parkway; and the construction of Troutman Parkway, west to 200 feet west of JFK Parkway. The district was assessed in February of 1986 and the first payment became due in June of 1987. Two properties out of eight have defaulted and the I City is meeting the debt service on the bonds. Nature of Request In March 1986, representatives of Sullivan -Hayes Companies (The Company) contacted City officials regarding the possibility and means by which the SID Boundaries could be amended to include additional property owned by the Company that was part of the Pavilion PUD and contiguous to, but split by, the Heart SID. Initial staff reaction in 1986 to the proposed amendment to the SID's boundaries was generally positive, although there is disagreement between staff and the Company as to the substance of those early conversations and what, if any, representations were made by the staff as to the feasibility of the proposal. Discussions concerning this request continued off and on throughout 1986 and into the summer of 1987 when the Company again approached the City requesting resolution of the question of incorporation of the Pavilion PUD into the Heart SID. By this time, the first assessment payments had been made by property owners within the Heart SID. Construction had begun on the Pavilion PUD project, and financial commitments had allegedly been made to the project lenders with the "understanding that amending the district boundaries would not be a problem." The Company wants the City to: (1) amend the City Code (Section 22-38) to Permit expansion of the SID boundaries after assessment; and (2) -320- December 15, 1987 subsequently authorize by ordinance the expansion of the Heart SID to ' include all the Pavilion property. The Company contends that the expansion of the district boundaries would not adversely impact the SID bond issue and assessments provided that the change is accomplished in a judicious and procedurally correct manner. Analysis of Request Staff has carefully considered these requests by the Company and has provided draft legislation to accomplish the first part of the Company's request, that is, to change the Code procedure, so as to make possible a subsequent boundary change, should the Council conclude that such is in the public interest. Staff supports the proposed legislative change to permit expansion in SID boundaries for the following reasons: a. Expansion of an SID boundary under certain controlled circumstances could enhance the appraised value of the SID. b. Individual assessments on other properties within the SID would remain unchanged in the event of any such boundary change. c. Any opportunity for challenge to the boundary change would be eliminated by the requirement that all property owners located within the SID concur in writing to the proposed change as a condition of Council consideration. d. Approval of any such boundary change would be discretionary with the City Council on a case -by -case basis, with the applicant bearing the burden of proof as to the merit of the application. e. Such a mechanism for changing district boundaries after assessment could be an additional tool for use by the City to strengthen SIDS should the need arise." Councilmember Stoner made a motion, seconded by Councilmember Maxey, to adopt Ordinance No. 194, 1987 on First Reading. Larry Scott, 2821 Eagle Drive, requested this item be postponed until January 5 to allow more time for citizen review. Richard Gast, 1736 Yucca Court, stated although he understands Mr. Scott's concerns, this Ordinance helps the SID process by expanding a geographical boundary of the District to include more property, the City's security and taxpayers' security will be enhanced. Councilmember Maxey asked Mr. Scott to submit his questions and concerns in writing prior to second reading of the Ordinance. Mayor Estrada pointed out the Council agenda is available on the Friday prior to the meeting and Mr. Scott could review the agenda during the weekend prior to the meeting. -321- December 15, 1987 The vote on Councilmember Stoner's motion to adopt Ordinance No. 194, 1987 on First Reading was as follows: Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Mabry, Maxey, Stoner, and Winokur. Nays: None. THE MOTION CARRIED. Items Pertaining to the Extension of the Agreement with Historical Opera House Following is staff's memorandum on this item: "A. Resolution 87-182 Extending Agreement Between Historical Opera House Properties Ltd., the Downtown Development Authority, and the City. B. Resolution 87-183 Authorizing the Execution and Delivery of a First Supplemental Indenture of Trust and a First Amendment to Loan Agreement and Other Documents in Connection with the City's Industrial Development Revenue Bonds for the Opera House Project. On December 16, 1986, the City Council adopted Ordinance 196, 1986 which ordinance approved the issuance of $5,800,000 in Industrial Development Revenue Bonds for the Opera House Project. The City was to loan the proceeds of those bonds to Historical Opera House Properties, Ltd. for the purpose of constructing the Opera House Project. To date the aggregate principal remains intact and the project has not been initiated. In April of 1987, an agreement was Properties, Ltd., the City and the agreement authorized reimbursement to with public improvements to be made Block Project. The reimbursement was The City and the DDA have been House Properties, Ltd. for an construction of the project. construction of the project be Brown has determined that this that the City and the DDA extend signed between Historical Opera House Downtown Development Authority, which the developer for expenses associated in conjunction with the Opera House not to exceed $404,000. asked by Mr. Walt Brown of Historical Opera extension of time in which to commence Original documents required that the commenced before January 8, 1988, and Mr. deadline cannot be met. He is requesting all the agreements to July 8, 1988. The DDA Board of Directors has voted to approve Mr. Brown's request, and Resolution 87-182 would give approval by the City Council to the extension of the developer reimbursement contract. Resolution 87-183, if adopted by the City Council, would approve the forms of the First Supplemental Indenture and the First Amendment to Loan Agreement, which documents have been drafted to grant the extension sought by Mr. Brown. This approval fs,:conditioned upon the execution and delivery of an Amended Letter of Credit by December 23, 1987. The purpose of this letter of credit is to secure' the payment' of the principal of, up to 120 days' interest on and the repurchase price 'of the Industrial Development Revenue Bonds issued for the project. In the event the letter.of credit is -322- L December 15, 1987 not received, the City would not be obligated to grant the extension t requested by Mr. Brown." Councilmember Stoner made a motion, seconded by Councilmember Kirkpatrick, to adopt Resolution 87-182. DDA Executive Director Chip Steiner and Finance Director Alan Krcmarik responded to questions from Council. Larry Scott, 2821 Eagle Drive, questioned the reason for extending the agreement. He asked Council to vote against the Resolution. Councilmember Stoner stated he would support the Resolution because of the many benefits the project would provide. Mayor Estrada stated the project would be very important to the downtown area, and noted that if the contract is not fulfilled the City will not suffer any loss. The vote on Councilmember Stoner's motion to adopt Resolution 87-182 was as follows: Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Mabry, Maxey, Stoner, and Winokur. Nays: None. THE MOTION CARRIED. Councilmember Maxey made a motion, seconded by Councilmember Mabry, to adopt Resolution 87-183. ' Bruce Lockhart, 2500 East Harmony Road, -objected to the extension of the contract. The vote on Councilmember Maxey's motion to adopt Resolution 87-183 was as follows: Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Mabry, Maxey, Stoner, and Winokur. Nays: None. THE MOTION CARRIED. Staff Reports City Manager Burkett reported that the Parks Master Plan discussion scheduled for the December 22 worksession was postponed to a worksession in January. Councilmember Reports Councilmember Kirkpatrick spoke about the "Boogie By Buggy" program. She expressed concerns about the parking management program and parking enforcement. She requested input fromstaff on the effectiveness of the educational philosophy of the program. -323- December 15, 1987 Resolution 87-189 Making an Alternate ' Appointment to the Commission on the Status of Women. Tabled to January 5 Following is staff's memorandum on this item: "An alternate position currently is vacant on the Commission on the Status of Women due to the resignation of Patricia Connor Young. The Council liaison has reviewed the applications on file and will announce the recommendation at the December 15 City Council meeting. In keeping with Council's policy, this recommendation will be tabled until January 5 to allow time for public input." Councilmember Maxey made a motion, seconded by Councilmember Kirkpatrick, to adopt Resolution 87-189 inserting the name of Beth Ann Smith. Councilmember Maxey made a motion, seconded by Councilmember Kirkpatrick, to table Resolution 87-189 to January 5. Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Mabry, Maxey, Stoner, and Winokur. Nays: None. THE MOTION CARRIED. Items Pertaining to 1988 Pay Plan and Employee Dental Plan Following is staff's memorandum on this item: "Executive Summary A. Hearing and First Reading of Ordinance No. 198, 1987, Adopting the 1988 Pay Plan. Each year the City Council adopts the pay plan which sets the salaries of City employees. This plan is designed to meet the Council's goal of rewarding employee performance and remaining competitive in the labor market. The 1988 Pay Plan is described in detail in the attached memorandum. 8. Resolution 87-186 Approving the Establishment of an Employee Dental Plan. In 1988, staff is also recommending that Council add a dental benefit to the City's current benefit package. The dental program will be a capitated self funded plan under which employees may receive up to $500 annually in reimbursements for dental expenses. The proposed dental program is also discussed in detail in the attached memorandum. -324- December 15, 1987 ' Back round The 1988 Pay Plan is based on a performance pay system which includes labor market increases to base salaries. The purpose of the plan is to reward superior day to day performance by employees and retain the City's competitive position in the labor market. . The components of the pay plan include: BASE PAY - the comparison of our salaries to comparable organizations in the labor market. PAY EQUITY - the reconciliation of jobs undervalued in the labor market. BENEFITS - items such as medical insurance, life insurance, retirement, social security, etc. Some of these benefits vary as a function of salary, and therefore increase as base salary increases. PERFORMANCE PAY - performance pay for those employees who have reached the top of their pay range or performance level step increases for those employees below the maximum. categories and the cost of the proposed dental plan: The following chart presents the 1988 proposed pay increases for these four 1988 SALARY AND BENEFIT IMPROVEMENTS ' General Fund Total City Labor Market Adjustments $284,286 $672,812 Pay Equity 15,041 16,237 Salary Driven Benefits 36,448 86,016 Inflation on Performance Pay 9,036 18,441 Added Dental Benefit 30,618 --------- 62,208 -------- Total Cost of Salary and Benefit Improvements $375,429 $855,714 The City-wide base salary increase will average 2.7Y. Pay increases vary between the 26 pay lines or job families. The range of these increases is from 1% to 6%, with all employees receiving an increase in 1988. Attachment A of the memorandum lists the percent increase for each of the pay lines. This will be the final year of the three year phase -in period for the City's pay equity plan: -325- December 15, 1987 In addition to these salary and benefit increases, employees who are at the ' top of the range are also eligible for one-time, performance bonuses of up to 3%. The only increase for 1988 is the 2.7% inflation on the 1987 performance bonus budget. For Council's reference, the entire pay plan is included in the ordinance. The pay range for each position is listed including pay equity adjustments where warranted." Councilmember Winokur made a motion, seconded by Councilmember Kirkpatrick, to adopt Ordinance No. 198, 1987 on First Reading. Employee Development Director Mike Powers gave a presentation on the 1988 Pay Plan and proposed dental benefits. He responded to questions from Council. Larry Scott, 2821 Eagle Drive, indicated he thought the salary/benefit increase per employee was excessive. Bruce Lockhart, 2500 East Harmony Road, asked Mr. Powers about the pay equity fund. Councilmember Kirkpatrick recognized the work of the Employee Development Department for their extensive work on the pay plan. She spoke of the importance of the pay equity portion of the pay plan. Mayor Estrada expressed support for the pay equity program. He stated he believed the pay plan was very competitive. The vote on Councilmember Winokur's motion to adopt Ordinance No. 198, 1987 on First Reading was as follows: Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Mabry, Maxey, Stoner, and Winokur. Nays: None. THE MOTION CARRIED. Councilmember Maxey made a motion, seconded by Councilmember Kirkpatrick, to adopt Resolution 87-186. Councilmember Maxey pointed out that the dental plan is a participatory plan rather than a plan funded entirely by the City. Councilmember Horak expressed concern that other options have not been presented to Council. He stated he could not support the Resolution. Councilmember Winokur shared some of the concerns expressed by Councilmember Horak. He',, stated he would prefer the dental plan be incorporated into the cafeteria benefits program. Councilmember Stoner supported the dental plan, noting it has a cap of $500 per employee each year. -326- December 15, 1987 ' Councilmember Kirkpatrick stated although she had some initial concerns about e o ental coverage iseworkable. She bstated eshe hwould flike uton offer ce pdental roach tcoverage during 1988 to see how feasible it is. Councilmember Mabry noted the addition of this fringe benefit to the City's compensation package keep Fort Collins competitive with other private and public organizations along the Front Range. He stated he would support the Resolution. The vote on Councilmember Maxey's motion to adopt Resolution 87-186 was as follows: Yeas: Councilmembers Estrada, Kirkpatrick, Mabry, Maxey, and Stoner. Nays: Councilmembers Horak and Winokur. THE MOTION CARRIED. Resolution 87-187 Authorizing the Construction of Capital Improvements at the Fort Collins_Loveland Airports Denied Following is staff's memorandum.on this item: "Financial Impact An expenditure of $50,000 of appropriated funds for airport capital ' expansion. Executive Summary Approval of this Resolution will permit the City Manager to expend up to $50,000 for construction of an office and terminal facility at the Fort Collins -Loveland Airport. Background The City of Fort Collins has issued its sales and use tax bonds for the construction of several projects, including the appropriation of $2,000,000 for capital projects at the Fort Collins -Loveland Airport. Most of those projects have been constructed. There remains approximately $400,000 of monies appropriated for capital projects at the airport. The Cities of Fort Collins and Loveland have previously entered into an agreement whereby the City of Loveland will pay to the City of Fort Collins one-half of the debt service for the bond indebtedness incurred by the City for the capital projects at the airport. Recently, the Airport Authority has determined that the facilities at the airport should be expanded by the construction of an additional building for office and terminal purposes, which is now available at an extremely reasonable price. The structure in question is one which may be moved from the CSU Bull Farm location to the airport for reassembly there. The ' structure is approximately 2,500 square feet in size, is in good condition -327- December 15, 1987 and must be moved no later than December 31, 1987. The cost for the building, together with moving and reassembly, is $7,500. In addition to the cost of the building itself, there are additional costs for the construction of a concrete pad or foundation and the provision of utilities, all estimated to cost approximately $20,000. Additional expenses for labor, landscaping, site improvements, painting, repair, carpeting and furnishings will cost approximately $22,500. The Resolution authorizes the expenditure of a sum not to exceed $50,000 for this airport project." Councilmember Stoner made a motion, seconded by Councilmember Winokur, to adopt Resolution 87-187. Carol Caldwell, Fort Collins -Loveland Airport Manager, explained the need for expansion at the Airport and responded to questions from Council. Larry Scott, 2821 Eagle Drive, asked about the price of fuel at the Airport and the annexation of the Airport by the City of Loveland. Councilmember Stoner stated the Airport Authority is trying to attract commuter service and make the Airport a paying operation. He stated the Authority's first priority. is to extend the runway with construction starting in June. He stated he believes the cities need to invest in the Airport in order to increase revenues. Councilmember Maxey stated that the issue of Loveland receiving all sales tax collected at the Airport is separate from the issue under consideration at this time and should not be used as a basis to deny the current request. Councilmember Horak stated that he does not believe it makes sense to continue to spend money on the Airport until other issues are resolved. He stated he was not convinced the Fort Collins -Loveland Airport would ever pay for itself. He stated he felt the $400,000 should be used to pay off the bond issue. Councilmember Kirkpatrick stated she would not support the Resolution for reasons stated by Councilmember Horak, and because she would like more information from a recent survey about the viability of the Airport before she could support expansion of the Airport facilities. Councilmember Mabry stated he did not feel it was prudent to invest in this expansion in order to attract usage. He stated he would prefer to see the funds reserved so that after the survey is completed funds will be available to help service a commuter airline or other user. Mayor Estrada stated it. would have been helpful to have more information prior to consideration-of°this expenditure. SPIE-11 December 15, 1987 ' The vote on Councilmember Stoner's motion to adopt Resolution 87-187 was as follows: Yeas: Councilmembers Maxey and Stoner. Nays: Councilmembers Estrada, Horak, Kirkpatrick, Mabry, and Winokur. THE MOTION FAILED. Items Concerning the Appeal of Planning and Zoning Board Decision Regarding Fort Ram Village, First Filing, Final PUD Amended (k69-84E), Located Between West Elizabeth and Plum Streets, and East of Constitution Avenue (extended) Following is staff's memorandum on this item: "Executive Summary A. Hearing of Appeal of Planning and Zoning Board Decision Regarding Fort Ram Village. B. Resolution 87-188 Making Findings on Appeal of Planning and Zoning Board Decision Regarding Fort Ram Village. The Planning and Zoning Board at its November 2, 1987 meeting reviewed and approved the request to amend the Fort Ram Village, Final, First Filing. ' The request was to amend the approved P.U.D. in order to increase the number of unrelated persons who may reside in individual dwelling units from 3 to 4. The request was specifically for the 62 four -bedroom units proposed in the project. The Planning and Zoning Board approved the anning anduest Zoningth a Boardote of 5-. Ms. Donna Fairbandecision . Council may uphold,koverturn, remandis appealing theor)modify the decision of the Planning and Zoning Board. If Council determines the Board improperly failed to receive all relevant evidence offered by the appellant, the matter must be remanded to the Board for rehearing. Optional Resolutions are provided for upholding, overturning or remanding the Board's decision. No Resolution for modification has been prepared. Background The Planning and Zoning Board granted final approval to the Fort Ram Village, PUD, First Filing at it's regular meeting of August 24, 1987 on a vote of 5-0. The project consists of 218 multi -family apartment units on 14.40 acres, resulting in a density of 15.1 dwelling units per acre. The breakdown of units is as follows: 32 - I bedroom units; 62 - 2 bedroom units; 62 - 3 bedroom units; 62 - 4 bedroom units; -329- December 15, 1987 On October 6, 1987, Council approved Ordinance No. 142, 1987 which allows ' the Planning and Zoning Board, in reviewing a PUD multi -family project, to increase the number of unrelated persons who may reside in individual dwelling units beyond that allowed by the Zoning Code (3 unrelated persons). The number of persons may be increased provided that such individual dwelling unit is part of a multiple -family residential PUD, and meets all applicable criteria. According to the Code, the Planning and Zoning Board must consider the adequacy of the following factors in their decision: - open space; - recreational areas; - parking spaces; - public facilities (sewer, water, etc.) Ron Gray, the developer of the Fort Ram Village, First Filing, submitted a request to amend the existing approved project in order to increase the number of unrelated persons who may reside in the 62 four bedroom units from 3 to 4. Staff processed the application request in accordance with Ordinance No. 142, 1987, including the notification of property owners within 500' of the site, posting the required sign on the property, and providing an advertisement in the Coloradoan. On November 2, 1987 the Planning and Zoning Board conducted a public meeting on the proposed change to Fort Ram Village Filing One, Final (copies of the Staff Report and verbatim minutes of the hearing are attached). The Planning and Zoning Board reviewed the request against the criteria described in Ordinance No. 142, 1987, considered testimony of staff, the appellant, and other interested persons. The Board determined that the request satisfied the criteria and granted approval on a vote of 5-0. A breakdown of compliance to the criteria is outlined in the Staff Report to the Planning and Zoning Board. Reasons for Appeal A copy of the appeal letter is attached. In general it appears that the appellant's reasons for appealing the decision are based on the following: (1) That the Planning and Zoning Board's decision was not supported by competent evidence: STAFF RESPONSE: As indicated in the Staff Report to the Planning and Zoning Board the request was supported by the LDGS, and satisfied the criteria of Ordinance No. 142, 1987. These factors were discussed by the Board at the public hearing. The Planning and Zoning Board decision was based on proper and complete information. (2) That the Board failed to conduct a fair hearing, because it: -330- December 15, 1987 a) Ignored its rules of procedure (regarding notice); and b) Improperly failed to receive all relevant evidence offered by the Appellant. STAFF RESPONSE: Staff properly notified surrounding property owners within 500', posted the property with a notification sign, and provided a notice in the Coloradoan. The appellant lives approximately 850' from the project. All pertinent information was available at the hearing, and the appellant and other parties - in- interest were given an opportunity to speak and provide evidence during the citizen participation portion of the deliberation. The Board conducted a fair and appropriate hearing on this matter." Councilmembers Estrada and Kirkpatrick stated they would withdraw from consideration and vote on this item due to a perceived conflict of interest. City Attorney Huisjen stated he has reviewed the grounds for appeal and has determined that the grounds are properly stated. He stated that new evidence shall not be considered. He noted that if the Council determines that the Board failed to receive all relevant evidence offered by the appellant, the Council shall remand the matter back to the Board for further findings. He stated if it is determined that the matter will not be remanded to the Board, at the conclusion of the hearing the Council shall either uphold, overturn, or modify the decision of the Board. He stated Council should make a finding that the grounds of the appeal conform to the requirements of the Code. He responded to questions from Council. Councilmember Horak made a motion, seconded by Councilmember Maxey, to hear the appeal based upon the fact that the written grounds of appeal conform to the requirements of the City Code and are sufficient to be appealed. Yeas: Councilmembers Horak, Mabry, Maxey, Stoner, and Winokur. Nays: None. (Councilmembers Estrada and Kirkpatrick withdrawn THE MOTION CARRIED. Assistant Mayor Stoner stated that because this is an on -the -record appeal, presentations on behalf of the appellant and opponents of the appeal would be limited to 20 minutes Parh City Planner Debbie deBesche gave a brief presentation of this appeal and answered questions from Council. Donna Fairbank, 1712 Clearview Court, events leading up to the November hearing. She expressed her concerns and the impact on traffic in the area. the 4-bedroom units. appellant, gave a background of the 2, 1987 Planning and Zoning Board about inadequate parking requirements She suggested other alternatives to Lucia Liley, attorney representing'!the property owner, pointed out the plan for this project has been through three public hearings for the preliminary, the final, and the amended final. She indicated that each -331- December 15, 1987 phase of the plan was unanimously adopted by the Planning and Zoning Board. , She stated the 4-bedroom use has always been proposed as a part of this plan. She stated the property owner chose to bring an amended final back to the Board after the City Council adopted an ordinance clarifying the issue of more than three unrelated persons living together, to verify that the Board did intend to have more than three unrelated persons living together in this plan. She stated the Board unanimously approved the amended final because they felt the project had met all of the criteria set out the ordinance adopted by Council. She pointed out the issue at hand was whether the Board acted appropriately when it approved the amended final, not whether any elements of the plan are appropriate or whether the ordinance allowing more than three unrelated people is appropriate. She stated that the appropriateness of certain Code provisions used by staff to evaluate projects is not at issue. Frank Vaught, Vaught -Frye Architects, representing Topanga Enterprises, spoke of the criteria used to evaluate this project and how the project meets that criteria. William Jacobi, 1621 Lakeridge Court, read a petition and letter signed by members of the neighborhood urging Council to overturn the Planning and Zoning Board decision to allow four unrelated people to live in a unit in the Fort Ram Village development. Dave Cismoski, 1308 Birch, stated he lives 1 1/2 blocks northeast of the proposed development and noted he did not receive any notice of the Planning and Zoning Board hearings on the proposed development. He spoke of the impact on traffic by the addition of this development as proposed. Anita Wright, 2219 Shropshire, spoke of the impact on the neighborhood and the apartment vacancy rate city-wide. Mr. Vaught and staff members responded to questions from Council. Councilmember Winokur made a motion, seconded by Councilmember Maxey, to adopt Resolution 87-188 (Option A) Making Findings on Appeal f Planning o and Zoning Board Decision Regarding Fort Ram Village with the of of the following condition: that any four (4) bedroom unit shall not be occupied by more than four (4) persons, unless all occupants of such unit are related by blood, marriage, guardianship, or adoption. (Secretary's Note: Resolution 87-188, Option A, upholds the decision of the Planning and Zoning Board.) Councilmember Winokur explained his amendment was offered in an attempt to address the concerns of the appellant about the actual number of people who might reside in each 4-bedroom unit. He stated that although the appellant raised some interesting concerns about the current process, the decision Council is required to make in due process under the current system are based upon what the law, is at this time. He stated he did not find , -332- I December 15, 1987 evidence that the in consideration Planning and Zoning Board ignored of the its rules of procedure relevant evidence project, or that the Board that was offered. He failed to receive all presented during incompetent added that the appeal, he was not convinced based on the evidence that decision. the Board made an Councilmember Horak expressed concern that the Traffic Engineer was not at the Planning and Zoning Board hearing to present his evaluation of the proposed development. He stated he found no evidence in the minutes of the Planning and Zoning Board hearing that indicates the Board considered the provisions of the ordinance allowing more than three unrelated persons which call for adequate open space and outdoor recreation facilities. He the statti ee the was lawcwasrchangedthat regardino ngmthe numberwas pof unrelateto d perl at living together about this pending development which was waiting fors the change to occur. g the Councilmember Stoner stated the appeal is based solely on whether or not not they ni�nterpretedand nthe Codeing r appropriately. Hed received properystated he would upholdrthor e decision of the Board. The vote on Councilmember Winokur's motion to adopt Resolution 87-188 (Option A) as amended was as follows: Yeas: Councilmembers Mabry, Maxey, Stoner, and Winokur. Nays: Councilmember Horak. (Councilmembers Estrada and Kirkpatrick withdrawn) THE MOTION CARRIED. Resolution 87-190 Authorizing a $500,000 Draw on Street Oversizing Line -of -Credit Adopted Following is staff's memorandum on this item: "Financial Imoact The proposed resolution authorizes an additional S500,000 draw on the Line -of -Credit in order to meet anticipated expenditures incurred in the Street Oversizing Fund during 1987. This follows the anticipated debt projected in the 1986 Street Oversizing Ordinance approved by Council. Executive Summary At the time that the City, negotiated the street oversizing Line -of -Credit in the amount of $2,000,000 with the ,First Interstate Bank of Fort Collins ' it was concluded that a $500,000 credit limit would in most cases be sufficient for the City's purposes of having a temporary fund available for street improvement projects. However; it was also concluded that the City might occasionally have a need to draw upon the Line -of -Credit in some cases where the total would exceed $500,000. Therefore, the Line -of -Credit -333- December 15, 1987 was established at $2,000,000 to give to the City of Fort Collins an ' dopportunity to use the t to its maximum if necessary and esi� rable. Previous draws on the Line -of -Credit have amounted to $500,000. This resolution will bring the total authorized draws to $1,000,000. The proposed resolution authorizes an additional $500,000 draw on the Line -of -Credit in order to meet anticipated expenditures incurred in the Street Oversizing Fund during 1987." Councilmember Stoner made a motion, seconded by Councilmember Maxey, to adopt Resolution 87-190. Civil Engineer Matt Baker reviewed this item and, along with City Manager Burkett, responded to questions from Council. Bruce Lockhart, 2500 East Harmony Road, questioned when the entire line of credit would be used, and how the City expected to pay off the line of credit. Councilmember Winokur expressed concern about using the City's line of credit. Councilmember Horak stated he would not support the Resolution, noting he did not believe it was to the City's benefit to draw on its line of credit. Mayor Estrada stated he would have liked more information including a breakdown of current SID's. He stated he could not support the Resolution. The vote on Councilmember Stoner's motion to adopt Resolution 87-190 was as follows: Yeas: Councilmembers Kirkpatrick, Mabry, Maxey, Stoner, and Winokur. Nays: Councilmembers Estrada and Horak. THE MOTION CARRIED. Other Business Motion to Direct,Staff to Place Ordinance No. 199. 1987, Amending Chapter 18 Relating to Mobile Home Electrical Services, on January 5, 1988 Regular Meeting Failed to Pass Following is staff's memorandum on this item: "Financial Impact City programs are not affected fiscally. However, if the amendment is not adopted, perhaps half of all owners of mobile home parks in the City may be forced to upgrade mobile home service receptacles to 50 ampere capacity regardless of the maximum electrical loads of the mobile home. Many of these smaller, older units have maximum loads of'30,amps and less. Because the current language applies to all existing parks and both rental and ' -334- December 15, 1987 ' owner occupied units, some park owners will be facing total costs of thousands of dollars based on estimates of $200 to $300 per lot service. Executive Summary A recent appeal based on the previous "Chapter 76" surfaced an oversight in the recently revised Mobile Home Ordinance. The minimum standard for new mobile home manufacture of 50 ampere electrical systems, inadvertently included existing mobile home electrical supply receptacles by not stipulating an exclusion in the utility provisions of Section 18-7(a). The proposed amendment will allow existing smaller capacity service outlets to continue as long as the same mobile home remains on the lot. Upgrading to 50-amp service outlets will then occur individually as mobile homes are moved and replaced. Background Many older, smaller mobile homes in several parks throughout the City have electrical supply cords and internal distribution systems with less capacity. Increasing the receptacle size to 50 amps on mobile home lot services would require that the mobile home electrical distribution system be rewired to match, or the new 50 amp receptacle would, itself need to be "fused" at a lower rating not exceeding the mobile home capacity. As long as service cords and lot receptacles are matched for these smaller units, no inherent electrical hazard exits. Should electrical hazards be found during the inspection process, naturally, these will require correction. During the development of the new Chapter 18, owners of the small, older parks were led to believe that other than inspection and possible upgrading of mobile home rental units, expensive, upfront improvements throughout existing parks would not be imposed with the new law. The issue surfaced coincidentally when an electrical correction notice, issued in August under the earlier "Chapter 76", was appealed and reached the Building Review Board shortly after second reading but prior to the effective date, by only a few days, of the current ordinance. Disposition of that case specified upgrade of all service outlets in the park to 50 amps within one year. As a result of that appeal staff immediately began looking at amending the current ordinance for existing parks in order to avoid imposing costly retroactive legislation that does not necessarily reduce electrical hazards nor improve the life safety of existing mobile homes. The proposed amendment will allow existing service outlets less than 50 amp capacity to remain indefinitely. The upgrade provision will be triggered only when existing mobile homes are moved off lots and replaced. The current mobile home, however, does not exclude small mobile homes manufactured prior to the 50-amp standard from being installed in the City provided they meet all other specified safety criteria. The attached staff memorandum explores other options considered by staff relative to this issue." -335- December 15, 1987 c Councilmember Maxey made a motion, seconded by Councilmember Stoner, to 1 adopt Ordinance No. 199, 1987 on First Reading. Councilmember Maxey made a motion, seconded by Council Stoner, to table Ordinance No. 199, 1987 until January 5, 1988. City Attorney Huisjen pointed out the Ordinance would need to be read in full prior to any consideration because the Ordinance was not available to the public 48 hours in advance. Councilmember Winokur asked if a motion directing staff to place this item on the January 5th agenda would be sufficient. City Attorney Huisjen replied such a motion would have the same effect. Councilmembers Maxey and Stoner withdrew their motions to adopt and table Ordinance No. 199, 1987. Councilmember Maxey made a motion, seconded by Councilmember Stoner, to direct staff to place the Ordinance on the January 5 agenda. Councilmember Horak stated although he would not support the motion, he believed the process was more appropriate than the original motion to table the Ordinance. Mayor Estrada stated he would not support the motion, but did support the process. The vote on Councilmember Maxey's'motion to direct staff to place the Ordinance on the January 5 agenda was as follows: Yeas: Councilmembers Kirkpatrick, Maxey, and Stoner. Nays: Councilmembers Estrada, Horak, Mabry, and Winokur. THE MOTION FAILED. Councilmember Horak stated he would like Council to reconsider the water Policy issue in January or February to clarify Council's direction on water matters. He stated he would be willing to restructure the Resolution previously defeated by Council. After discussion, it was the Council's consensus to schedule the matter for a worksession in February. Councilmember Kirkpatrick stated she would like to schedule a discussion of the conflict of interest policy at a future worksession. The consensus of Council was to schedule the discussion at a future worksession. , -336- 0 December 15, 1987 1 Councilmember Mabry questioned the status of the Transportation Task Force and when their report would be scheduled for a worksession. Deputy City Manager Skip Noe replied a January worksession was planned if space was available. Councilmember Stoner outlined the timetable for the SID process. Councilmember Horak stated he would like to have a cost estimate for an independent financial review at the January 5 meeting. Ad.iournment Councilmember Winokur made a motion, seconded by Councilmember Mabry, to adjourn the meeting to 6:00 p.m. on December 22 to consider the Resolution making appointments to the CHOICES 95 Subcommittees. Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Mabry, Maxey, Stoner, and Winokur. Nays: None. The meeting adjourned at 10:45 p.m ATTEST: City Clerk 1 -337-