HomeMy WebLinkAboutMINUTES-08/20/1985-RegularAugust 20, 1985
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, August 20, 1985, 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: Clarke, Estrada, Horak, Knezovich, Ohlson, Rutstein, and
Stoner.
Staff Members Present: Arnold, Eckman, Krajicek, Lewis, Hopkins
Agenda Review: City Manager
Terri Foppe, 622 Whedbee, asked that Item #19, Resolution Authorizing the
City Manager to Adopt Operating Procedures and Programming Policies for
Cable Television, be removed from the Consent Agenda.
Councilmember Ohlson requested Item #13, Hearing and First Reading of
Ordinance No. 95, 1985, Appropriating Unanticipated Revenue of $29,600 from
the Colorado Division of Highway Safety for the Fort Collins Drunk Driving
Enforcement Program, be withdrawn from the Consent Calendar.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 be "pulled" off the Consent Calendar and considered separately.
Agenda items pulled from the Consent Calendar will be considered separately
under Agenda Item #31, 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 be staff or Council. These items will be
discussed immediately following the Consent Calendar.
4. Second Reading of Ordinance No. 81, 1985, of
of Fort Collins Amending the oca pp ication
3.2% Fermented Malt Beverage Licenses and Tran<_
the Council of the Ci
Fees for New Liquor a
ers.
Senate Bill 112 was signed into law by Governor Richard Lamm on April
12, 1984 and went into effect on July 1, 1984. This bill was the
result of a two year effort by a coalition of state, county and
municipal officials including Larimer County Commissioner Courtlyn
Hotchkiss and City Clerk Wanda Krajicek and is an effort to enhance
enforcement and administration of beer and liquor statutes.
August 20, 1985
This bill gives City Council the option to raise local application
fees for new licenses from the current $350 to the maximum of $450 and
to raise the fees for transfers of ownership or location from the
current $150 to the maximum of $250. The proposed ordinance, which
was unanimously adopted on First Reading on August 6, would accomplish
these fee changes and would, by the addition of a new subsection and
the amendment of several others, correct certain ambiguities in the
present code regarding transfer fees for liquor licenses and fees for
the expansion of the premises of both liquor and beer licenses.
5. Second Reading of Ordi
Museum. Janis Cabin.
house as a Lar
No. 82, 1985, Desi
e Stone Cabin, an,
strict.
The original landmark designation of
Auntie Stone Cabin was done in 1978
Ordinance requires that designation
Ordinance was unanimously adopted on
would replace and correct the original
6. Second Reading of Ordinance No. 8:
Birney afety treetcar #Tffas a an
ing the Fort Collins
)er Boxelder School -
the Museum, Janis Cabin and
by resolution. The Landmark
be done by Ordinance. This
First Reading on August 6 and
designation.
1985, Designati
rk.
Fort Collins
This Ordinance was unanimously adopted on First Reading on August 6.
The Fort Collins Municipal Railway Society is requesting landmark
designation for the Birney Safety Streetcar #21, which has been
restored by the Society. Ownership of the car remains with the City I
and consent for local landmark designation has been given by the
Deputy City Manager.
7. Second Reading of Ordinance No. 84, 1985 Adopting the Fossil Creek
Basin Master Plan and Establishing Storm Drainage Fees for the Fossil
Creek Basin.
Approval of this Ordinance, which was unanimously adopted on First
Reading on August 6, will set the fees for the Fossil Creek Basin.
Development is moving faster than anticipated and the need exists now
to begin collecting fees to pay the City share for two storm drainage
improvements.
8. Second Reading of Ordinance No. 85, 1985, Appropriating Funds from the
Storm Drainage Fund Prior Year Reserves for Transfer to the Capital
Projects Fund for the Fossil reek Basin.
This ordinance was unanimously adopted on First Reading on August 6
and appropriates $300,000 to the Fossil Creek Basin for anticipated
expenditures on the Lemay Avenue bridge at Fossil Creek and an
additional crossing on Lemay Avenue south of Portner Reservoir.
am
August 20, 1985
9. Second Reading of Ordinance No. 86 1985, Appropriating Unanticipated
' Revenue in the Capital Projects Fund for the Timberline Road Repaving
Project to Pay for the Improvements to Timberline Road.
In January, Larimer County and the City entered into an
Intergovernmental Agreement to reconstruct Timberline Road from
Harmony Road to Prospect. The agreement stated that the City would do
the work, and the County and City would share the $750,000 cost
equally, with each paying $375,000.
The purpose of this Ordinance, which was unanimously adopted on First
Reading on August 6, is to appropriate the County share into the
City's project in order to cover the total project costs. According
to the agreement the City will bill the County upon completion of the
work.
10. Second Reading of Ordinance No. 87, 1985 Authorizing an Interfund
Loan from the Water Fund to Provide Construction Appropriations
Coverage for the Natatorium and ce Arena until ther Financing is
Obtained.
This Ordinance was adopted on First Reading on August 6 by a 5-1 vote
and provides an appropriation sufficient to cover the monies needed
for the construction of the Natatorium and Ice Arena. This
appropriation is needed for progress payments until other financing is
obtained. This allows us to proceed while complying with the specific
'
letter of the appropriations law in the Charter and not hold up
construction.
11. Items Relating to the Annexation and Zoning of 79.7 Acres Known as
Stute Annexation #1, #2, and # .
A. Hearing and First Reading of Ordinance No. 88, 1985, Annexing
Property Known as the Stute Annexation #1.
B. Hearing and First Reading of Ordinance No. 89, 1985, Zoning
Property Known as the Stute Annexation #1.
C. Hearing and First Reading of Ordinance No. 90, 1985, Annexing
Property Known as the Stute Annexation #2.
D. Hearing and First Reading of Ordinance No. 91, 1985, Zoning
Property Known as the Stute Annexation #2.
E. Hearing and First Reading of Ordinance No. 92, 1985, Annexing
Property Known as the Stute Annexation #3.
F. Hearing and First Reading of Ordinance No. 93, 1985, Zoning
Property Known as th'e;Stute Annexation #3.
John and Leona Stute are requesting annexation and Zoning of a total
' of 79.7 acres located south of and including Harmony Road and west of
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August 20, 1985
Interstate-25. Three separate annexations are proposed in order to
meet the contiguity requirements set forth in the State Statutes. '
Second reading of the annexation ordinances will be separated by two
week intervals since #2 depends on #1 for contiguity and #3 depends on
#2 for contiguity. The request is in compliance with the City of Fort
Collins' Comprehensive Plan.
The Stute's have requested B-P, Planned Business zoning for
approximately 79.7 acres known as Stute Annexations #1, #2, and #3,
located south of and including Harmony Road and west of Interstate-25.
12. Hearing and First Rea of Ordinance No. 94, 1985, Transferrin
unds from the Rolland Moore Par Development Project to the ity ar
Oak Street Bridge Project.
Council adopted Resolution 85-113 on July 16, thereby accepting a
grant of $79,200 from the Colorado Highway Department to reconstruct
the bridge at Oak Street crossing the Larimer #2 canal entrance to the
City Park ballfields. The grant is for 80 percent of the estimated
cost of $99,000 (or $79,200) and will be used for design and
construction. The City must provide matching funds of $19,800 for the
remaining 20 percent of the project costs.
This Ordinance authorizes the transfer to the City Park Oak Street
Bridge Project of $19,800 from the Rolland Moore Park Development
Project, as funded by the 1981 Community Parks Bond Issue. The
$19,800 has been identified by staff as not needed for the Rolland '
Moore Park.
13. Hearing and First Reading of Ordinance No. 95, 1985, Appropriating
Unanticipated Revenue of $29,600 from the Colorado ivision of Highway
Safety for the Fort Collins Drunk Drivinq Enforcement Program.
14
The Police Department has been awarded a grant from the Colorado
Division of Highway Safety totalling $29,600. These monies are
provided from fees assessed against convicted drunk drivers across the
state. These funds will be used to support the already existing drunk
driving enforcement program within the Department. The grant will
provide for the majority of the salary for the patrol officer assigned
to the lead on drunk driving enforcement.
This Ordinance appropriates the $29,600 in grant funds for expenditure
in the Police Department's Drunk Driving Program.
Hearing and Fir
Precincts for Mu
leading of Ordinance No. 96, 1985, Relating to
gal Elections.
This ordinance establishes new precinct boundaries as defined on the
District -Precinct map dated August 20, 1985. The map does not change
District boundaries, which were established for the March 5 District
election.
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August 20, 1985
15. Hearing and First Reading of Ordinance No. 97 1985 Appropriating
' Unanticipated Revenue of 59,258 for the Library Outreach Program.
Council adopted a resolution authorizing the Mayor to enter into an
intergovernmental agreement with Larimer County for the purpose of
providing library outreach services to residents of Larimer County on
February 19.
An ordinance for the appropriation of the unanticipated revenue is now
necessary.
16. Hearin and First Readin of Ordinance No. 98, 1985, Vacating A
Portion of the Right -of -Way of East Stuart Street for the Pool/Kin .
For traffic circulation at the Fort Collins Natatorium and Ice Arena,
traffic will be channeled to Riverside and kept off Stuart. We now
need to vacate the right-of-way for East Stuart Street. The entire
area of the right-of-way shall be retained as a utility and access
easement.
17. Hearing and First Reading of Ordinance No. 99, 1985, Vacating a
tllttyEasement in Kaintree
A portion of Raintree P.U.D. was replatted to Raintree Commercial
P.U.D. As a result, the utility easement along the south property
line is no longer required and, because it is located where a building
' is planned, the Developers are requesting that it be vacated. All
utilities have been contacted and have indicated no problems with the
vacation.
18. He and First Reading of Ordinance No. 100, 1985, Vacating
Easements and Right -of -Way for a Portion of the Original Plat of
Greenbriar Subdivision and the Easements and Rights -of -Way for the
Same Portion of Val Vista Annexation and oning Plat.
The Replat of Greenbriar Subdivision was approved by the Planning and
Zoning Board on July 24, 1985. There currently exists three sets of
easements and rights -of -way that are no longer needed and the
developer is requesting that they be vacated. Two of these are plats
which had been previously approved within the replatted area. The
other was dedicated by separate document. This ordinance will vacate
these old easements allowing the newly platted ones to take
precedence. All utilities have been contacted and have indicated no
problems with the vacation.
19. Resolution Authorizing the City Mana er'to Adopt OperatingProcedures
and Programming Policies for. Cable Television.
The resolution sets out a list of general priorities which will apply
to the City's use of the local government access channel and gives the
City Manager the authority to adopt operational procedures and
' programming policies for Cable Channel 27.
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August 20, 1985
20. Resolution Setti
21.
22.
is Hearinq on SCORE (Mini Bond) Proqram Poli
On June 18, 1985, City Council approved the second reading of
Ordinance No. 69, 1985, authorizing the issuance of SCORE Loan
Revenue Bonds in the amount of $3,000,000. Before the SCORE "mini"
bonds are issued, the City must file a Policy Report for the SCORE
Program with the Secretary of the Treasury and must conduct a public
hearing to provide citizens the opportunity to comment on the Policy
Report. The public hearing and Council's adoption of the policy are
Internal Revenue Service requirements in order to maintain the tax
exempt status for the issue of the SCORE program,s "qualified home
improvement" bonds. The hearing on the Policy Reports serves to
notify the public and get their input concerning the City's
utilization of .the tax exempt bond proceeds. The Policy Report
specifies the City's general policies and goals for the SCORE energy
improvement loan program in accordance with the IRS regulations. This
resolution sets a public hearing on the SCORE Program Policy Report on
September 3, 1985. Following this hearing, the Utility will request
that Council adopt the Policy Report by resolution.
ution Reappointing Ed Stoner to the Fort Collins -Loveland Airport
_4*.
In June, 1983, City Council adopted Ordinance No. 74, 1983, creating
the Fort Collins -Loveland Airport for the purpose of operating and
maintaining the Fort Collins -Loveland Airport. The Authority is made
up of three members appointed by the Fort Collins City Council and
three members appointed by the Loveland City Council. The composition
of the Fort Collins representation on the Authority consists of one
Councilmember and two citizens at large.
On August 2, 1983, Councilmember Ed Stoner was appointed as the
Council representative for a term to expire on July 1, 1985.
Councilmember Stoner has agreed to remain on the Authority for an
additional term to expire on July 1, 1989. Council needs to adopt the
Resolution making the reappointment.
Resolution Calling upon Larimer Weld Council of Governments to take
the Lead in Coordinating Activities to Secure a Trail Along the Poudre
ver
This Resolution was scheduled on the August 6, 1985 Agenda and was
removed from the Agenda for the purpose of clarifying that the intent
of the Council was to ask Larimer Weld COG to take the lead in
coordinating the efforts of Fort Collins, Greeley, Larimer and Weld
Counties in securing the trail along the Poudre River between Fort
Collins and Greeley.
The City of Fort Collins City Council and staff continue to be
strongly supportive of a river trail to Greeley.
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August 20, 1985
23. Routine Deeds and Easements.
'
a.
Power line easement - Dickinson.
b.
Three utility, drainage, and access easements for Cunningham
Corner Special Improvement District from Sibbald/Lustig Company.
c.
Easement dedication for Shields/Horsetooth Road Improvements
Stover.
d.
Easements for Northeast Loop Waterline.
1. Walker
2. Brown
3. Gallegos, Harsini, and Ibanez.
4. Arnett
5. Haak
6. Adams and Roberts
7. Platte River Power Authority.
8. Poudre R-1 School District
Ordinances on Second Reading were read by title by Wanda Krajicek, City
Clerk.
Item #4.
Second Reading of Ordinance No. 81, 1985 of the Council of the
City of Fort Collins Amending the Local Application Fees for New
Liquor and 3.2% Fermented Malt Beverage Licenses and Transfers.
Item #5.
Second Reading of Ordinance No. 82, 1985, Designating the Fort
'
Collins Museum, Janis Cabin, untie Stone Cabin, and Upper
Boxelder Schoolhouse as a andmark District.
Item #6.
Second Reading of Ordinance No. 83, 1985, Designating Fort
ollins Birney Safety Streetcar #21 as a Landmark.
Item V . Second Readii
Creek Basin N
the Fossil Cr
Item #8. Second Readii
from the Stor
Item #9. Second Readi
rimoeriine Road
Timberline Road.
of Ordinance No.
n.
rf Ordinance No. 85,
rainage Fund Prior Ye
cts Fund for the Foss
of Ordinance
enue in the
Reoavino Proiec
1985, Adopting the Fossil
ng Storm Drainage ees f6F
1985
No. 86
oital
, Appropriating Funds
serves for Transfer to
?ek Basin.
1985, Appropriating
>jects Fund for the
r the Imorovements to
Item #10. Second Reading of Ordinance No. 87, 1985 Authorizing an
Interfund Loan from the Water Fund to Provide Construction
Appropriations Coverage for the Natatorium and Ice Arena until
Other Financino is btained.
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August 20, 1985
Ordinances on First Reading were read by title by Wanda Krajicek, City
Clerk. '
Item #11. A. Hearing and First Reading of Ordinance No. 88, 1985, Annexing
Property Known as the Stute Annexation #1.
B. Hearing and First Reading of Ordinance No. 89, 1985, Zoning
Property Known as the Stute Annexation #1.
C. Hearing and First Reading of Ordinance No. 90, 1985, Annexing
Property Known as the Stute Annexation #2.
D. Hearing and First Reading of Ordinance No. 91, 1985, Zoning
Property Known as the Stute Annexation #2.
E. Hearing and First Reading of Ordinance No. 92, 1985, Annexing
Property Known astute Annexation #J.
F. Hearing and First Reading of Ordinance No. 93, 1985, Zoning
Property Known as the Stute Annexation #3.
Item #12. Hearing and First Reading of Ordinance No. 94, 1985, Transferring
Funds from the Rolland Moore Park Development Project to the City
Park Oak Street Bridge Project.
Item #13. Hearing and First Reading of Ordinance No. 95, 1985, Appro-
priating Unanticipated Revenue of 29,600 from the Colorado
Division of ighway Safety for the Fort Collins
Enfor:ement Program.
Item #14. Hearing and First Reading of Ordinance No. 96, 1985, Relating to
Precincts for Municipal Elections.
Item #15. Hearing and First Reading of Ordinance No. 97, 1985, Appro-
priating Unanticipated Revenue of 9,258 for the Library Outreach
Program.
Item #16. Hearing and First Reading of Ordinance No. 98, 1985, Vacating a
Portion of the Right -of -Way of East Stuart Street for the
00 % rnk.
Item #17. Hearing and First Reading of Ordinance No. 99, 1985, Vacating a
UtiTtty a ement i�intree
Item #18. Hearin and First Readin of Ordinance No. 100, 1985, Vacating
asements and Rig t-of-Way for a Portion of t e rigina at o
Greenbriar Subdivision and the Easements and Rights -of -Way for
the Same Portion of Val Vista Annexation and Zoning Plat.
Councilmember Estrada made a motion, seconded by Councilmember Stoner, to
adopt and approve all items not removed from the Consent Calendar. Yeas:
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August 20, 1985
Councilmembers Clarke, Estrada, Horak, Knezovich, Ohlson, Rutstein, and
' Stoner. Nays: None.
THE MOTION CARRIED.
Ordinance Appropriating Unanticipated Revenue
of $29,600 from the Colorado Division of Highway
Safety for the Fort Collins Drunk Driving
Enforcement Program, Adopted on First Reading
Following is the staff's memorandum on this item:
"Executive Summary
The Police Department has been awarded a grant from the Colorado Division
of Highway Safety totalling $29,600. These monies are provided from fees
assessed against convicted drunk drivers across the state. These funds
will 'be used to support the already existing drunk driving enforcement
program within the Department. The grant will provide for the majority of
the salary for the patrol officer assigned to the lead on drunk driving
enforcement.
This Ordinance appropriates the $29,600 in grant funds for expenditure in
the Police Department's Drunk Driving Program.
' Background
The terms of the grant require $15,225 of City in -kind services. One
Police Lieutenant will devote a percentage of his time to supervise the
program. The Police Department will also provide a percentage of the
patrolman's salary. The breakdown of the 1985 budget for the drunk driving
enforcement program is listed below:
STATE CITY STATE CITY
SHARE SHARE TOTAL % %
Personal Services $29,600 $10,975 $40,575 73% 27%
Operating Expenses 4,250 4,250 100%
Capital Equipment
Total Budget $29,600 $15,225 $44,825 66% 34% "
Councilmember Ohlson made a motion, seconded by Councilmember Estrada, to
adopt Ordinance No. 95, 1985 on First Reading.
Councilmember Ohlson asked for clarification on this grant.
Police Chief Bruce Glasscock explained that this was the second year of a
three-year grant. He noted the DUI officer position was funded in the
General Fund and this grant reimburses the City for a portion of those
' funds. He noted the department opinion was that one DUI officer was
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August 20, 1985
sufficient for Fort Collins and that another officer dedicated to DUI
enforcement would result in a continuing increase in the number of arrests '
rather than a decrease based on the risk factor associated with this
jurisdiction. He added the other 57 police officers had been trained in
DUI enforcement tactics and that the DUI officer reduces the time the other
officers spend with a DUI arrest. He felt the needs of the departments
other programs, such as hazardous materials enforcement, need to be
addressed with existing resources rather than putting everything into the
DUI program. He pointed out Fort Collins was ranked N2 in the state in the
per officer DUI arrests.
The vote on Councilmember Ohlson's motion to adopt Ordinance No. 95, 1985
on First Reading was as follows: Yeas: Councilmembers Clarke, Estrada,
Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None.
THE MOTION CARRIED.
Resolution Authorizing the City Manager to
Adopt Operating Procedures and Programming
Policies for Cable Television, Adopted
Following is the staff's memorandum on this item:
"Executive Summary
The resolution sets out a list of general priorities which will apply to '
the City's use of the local government access channel and gives the City
Manager the authority to adopt operational procedures and programming
policies for Cable Channel 27.
Background
As a provision of the cable television franchise agreement between the City
of Fort Collins and The World Company, dba Columbine CableVision, a local
government access channel was set aside for municipal use. Columbine
designated Channel 27 for that purpose.
The policies to govern the use of Channel 27 are structured to provide an
overview of the potential uses and capabilities of municipal cable
programming now being successfully implemented in other cities around the
Country. Staff drew on the experiences of other municipalities in the
public information uses of cable television and incorporated the
recommendations of the Cable Advisory Board. (The resolution creating the
Cable Advisory Board states that they are "to deal with internal uses for
the City of Fort Collins' own cable television system".)
The resolution sets out a list of general priorities which will apply to
the City's use of the local government access channel and gives the City
Manager the authority to adopt operational procedures and programming
policies for Cable Channel 27. That's in keeping with the operational
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August 20, 1985
direction responsibilities of the City Manager, administering the policies
' of the City Council."
Councilmember Knezovich made a motion, seconded by Councilmember Ohlson, to
adopt Resolution 85-130.
Terri Foppe, 622 Whedbee, questioned if there were provisions in these
operating procedures and programming policies for providing scheduling
information to the public.
Councilmember Horak pointed out that the policies provide for an
alpha -numeric information service that would run 24 hours a day.
Cable Support Person Wendy Williams noted scheduling information for
Channel 27 would be carried in the Coloradoan with the other cable TV
listings.
Councilmember Knezovich noted several community members had expressed
concern that C-SPAN would be preempted by City programming on Channel 27.
He asked if another channel would carry C-SPAN.
Wendy Williams replied that Columbine would have to consider that conflict
as the City gets closer to its goal of regular programming on Channel 27.
She added that Columbine was limited to 30 channels but were looking
towards a 52 channel system.
' Dan Simons, Columbine CableVision, stated his firm had returned from the
national cable TV show in June with some definite ideas and options on how
the 52 channel system could be implemented. He sated the technical update
would be presented at the October Cable Advisory Board meeting. He
estimated it would be at least a year and a half before 52 channels would
be available City-wide.
The vote on Councilmember Knezovich's motion to adopt Resolution 85-130 was
as follows: Yeas: Councilmembers Clarke, Estrada, Horak, Knezovich,
Ohlson, Rutstein, and Stoner. Nays: None.
THE MOTION CARRIED.
Resolution Making Appointments to
the Planning and Zoning Board, Adopted
Following is the staff's memorandum on this item:
"Two vacancies currently exist on the Planning and Zoning Board due to an
expired term and the resignation of Dave Gilfillan.
City Council has conducted interviews and recommendations for the two
vacancies will be forwarded under separate cover."
EM
August 20, 1985
Councilmember Estrada made a motion,
adopt Resolution 85-133 inserting th
THE MOTION CARRIED.
e
Resolution Promulgating Rules and Regulations
with Regard to the Investment Practices of the
City and with Regard to the Purchases of
Supplies and Contractual Services by the City
as Such Investments and Purchases Relate to
the Republic of South Africa, Adopted as Amended
Following is the staff's memorandum on this item:
"Executive Summary
Due to the ongoing apartheid policies practiced by the Republic of South
Africa, several Councilmembers have expressed an interest in the
consideration of a Resolution which would provide a limitation on future
investments, business dealings, and purchases by the City with any
persons, firms, corporations or business entities with operations in South
Africa which have not agreed to become signatories of the Sullivan
Principles, or with entities with direct business relations with such
entities. The proposed Resolution provides the Council with varying
degrees of limitations.
Background
Several Councilmembers have expressed an increasing concern over the
legally enshrined policy of apartheid practiced by the government of South
Africa. Accordingly, staff has investigated the actions which have been
proposed or taken by other governmental entities, colleges, universities
and the Congress with regard to possible sanctions that could be imposed
upon the government of South Africa as well as businesses and entities
based in South Africa or doing business in South Africa either directly or
indirectly. This matter was discussed by the Council at its August 13,
1985 worksession, wherein the Council requested the staff to prepare a
resolution pertaining to both the investment practices of the City as well
as the purchasing practices of the City. This resolution was requested to
be drafted in a format which would include varying degrees of sanctions to
be imposed with the understanding that the Council would, in its formal
meeting, consider the adoption of either the resolution as drafted - the
most severe limitations on investments and purchases by the City - or as
amended by the Council.
Accordingly, this resolution has been prepared to include varying degrees
of limitation upon the City with regard to its investment and purchasing
practices. Adoption of the Resolution as written would :provide the most
1
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August 20, 1985
stringent restrictions on investments and purchases. The following is a
' brief summary of the individual sections contained within the Resolution,
any of which may be modified or deleted according to Council action.
Section 1 deals with rules and regulations with regard to the investment
practices of the City. Specific provisions are as follows:
(1) Paragraph 1.A. provides that the City shall not use any bank or
financial institution for the purpose of•deposit or investment of City
funds which advertises or promotes the sale of krugerrands or other
coins minted in South Africa or Namibia. Staff anticipates few
administrative difficulties in enforcing this rule, nor is a
significant loss of investment opportunities expected.
(2) Paragraph 1.B. provides that the City shall not use any bank or
financial institution for the purpose of deposit or investment of City
funds which underwrites securities of the government of South Africa.
Staff anticipates few administrative difficulties in enforcing this
rule. Staff does not anticipate a significant loss of investment
opportunities as a result of adoption of this regulation.
(3) Paragraph 1.C. provides that the City shall not use any bank or
financial institution for the purpose of deposit or investment of City
funds which makes loans, investments or other business transactions
with South Africa. The City's current depository contract is with the
First Interstate Bank, and they have agreed to sign a statement to the
' effect that they have no such dealings. The parent company for First
Interstate Bank, First Interstate Bankcorp voluntarily divested its
South African holdings in 1981. Some of the City's short term
investments are made through other entities, and these would have to be
reviewed for compliance with this section. Staff does not anticipate a
significant loss of investment opportunities as a result of adoption of
this regulation.
(4) Paragraph 1.D. provides that the City shall not use any bank or
financial institution for the purpose of deposit or investment of City
funds which make loans, investments or other business transactions with
entities which have their operations physically located in South
Africa, if such entities are not signatories to the Sullivan
Principles. A list of signatories to the Sullivan Principles is
available, and administratively, it would be fairly easy to check that
list against the list of institutions with which the City does business
in order to assure compliance. Administrative costs of this provision
should not be prohibitive, nor does staff anticipate a significant loss
of investment opportunities as a result',of adoption of this regulation.
(5) Paragraph I.E. provides that the City not use any bank or
financial institution for the purpose of deposit or investment of City
funds which makes loans, investments or other business transactions
with entities who transact business with entities which have their
operations physically located in South Africa, if such entities are not
' signatories to the Sullivan Principles. This regulation becomes more
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August 20, 1985
difficult to enforce. At this point, the City is prohibited from doing
business with entities doing direct business with entities located in '
South Africa. This link would be extremely difficult to make, and
would require considerable staff time. Due to the complexity of the
relations, there is a distinct possibility for the loss of investment
opportunities as a result of adoption of this regulation.
(6) Paragraph 1.F. provides that the City not use any bank or
financial institution for the purpose of deposit or investment of City
funds which makes loans, investments or other business transactions
with entities who transact business with entities, directly or
indirectly, which have their operation physically located in South
Africa, if such entities are not signatories to the Sullivan
Principles. This is the most restrictive of the provisions, and would
be extremely difficult to monitor and enforce. Again, there is a
distinct possibility for the loss of investment opportunities as a
result of adoption of this regulation.
(7) Paragraph 2. provides that the Director of Finance may use a
financial institution which does not satisfy the regulations contained
in this resolution if it is determined that deposit or investment of
City funds in such institution is necessary to obtain essential
services. Such determination must be in writing and forwarded to the
City Council. This regulation provides a safeguard for the City's
funds, and allows for prudent financial management of City funds.
(8) Paragraph 3. provides the enforcement mechanism for this section I
of the Resolution.
Section 2 deals with the purchases of supplies and contractual services by
the City. Specific provisions are as follows:
(1) Paragraph I.A. provides that any contractor with the City may not
sell goods or services to specific agencies of the government of South
Africa, or to any entity controlled by the government. This regulation
would not place unfavorable restrictions on the purchase of goods for
the City, nor should it create any major administrative difficulties.
(2) Paragraph 1.8, provides that none of the goods supplied to the
City originate in South Africa or Namibia unless the manufacturer or
supplier of the goods has adopted the Sullivan Principles. Adoption of
this regulation would require some staff work with City vendors in
order to assure the place of origination of goods. Some administrative
difficulties and costs should be anticipated.
(3) Paragraph 1.C. provides that any contractor with the City may not
sell goods or services to entities having their principal or subsidiary
place of operation in South Africa unless that entity is a signatory of
the Sullivan Principles. Due to the availability of a list of
signatories, this regulation would not place unfavorable restrictions
on the purchase of goods for the City, nor should it create any major
administrative difficulties. I
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August 20, 1985
' (4) Paragraph 1.D. provides that any contractor with the City may not
sell goods or services to entities which transact business with
entities having their principal or subsidiary place of operation in
South Africa unless that entity is a signatory of the Sullivan
Principles. This regulation, in dealing with the customers of our
vendors, rather than our vendors themselves, will be much more
difficult to monitor and enforce. These difficulties could result in a
higher cost to the City.
(5) Paragraph I.E. provides that any contractor with the City may not
sell goods or services to entities which, directly or indirectly,
transact any business with any entities located in South Africa which
are not signatories to the Sullivan Principles. Again, the link
between the City and the entity located in South Africa is very
indirect. As a .result, monitoring and enforcement of this provision
would be extremely difficult. These difficulties could result in a
higher cost to the City.
(6) Paragraph 2 allows the Purchasing Agent to award a bid to a vendor
who does agree to the stipulations of this resolution in favor of -a
lower bid by a vendor who does not, provided that there is a five
percent or less difference between the bids. This regulation could
result in up to a 5% increase in the cost of some City goods and
services.
' (7) Paragraph 3 provides the enforcement mechanism for this section of
the Resolution.
It is recommended that a Councilmember move for the adoption of the
resolution as drafted, with the understanding that discussion would follow
pertaining to the individual provisions of the resolution and that it may
be that the Council would determine to amend the resolution by the deletion
of certain sections and by revision of certain sections."
Councilmember Ohlson made a motion, seconded by Councilmember Estrada, to
adopt Resolution 85-134:
Joe Stern, 1221 LaPorte Avenue, spoke on the comments of Reverend Jerry
Falwell as reported in the newspaper and supported the Resolution before
Council.
Councilmember Ohlson suggested deleting paragraph F under Section 1 and
paragraph E under Section 2 to make the Resolution workable.
Councilmember Estrada noted he agreed. The deletion was considered a
friendly amendment to the original motion.
Councilmember Stoner made a motion„ seconded by, Councilmember Clarke, to
delete paragraph E under Section 1, paragraph D under Section 2, and
paragraph 2 of Section 2.
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August 20, 1985
Councilmember Stoner noted he did not want staff to have to spend the
amount of time these sections would require. He added it would also I
increase the City's costs.
The vote on Councilmember Stoner's amendment was as follows: Yeas:
Councilmembers Clarke, Knezovich, and Stoner. Nays: Councilmembers
Estrada, Horak, Ohlson, and Rutstein.
THE MOTION FAILED.
Assistant City Attorney Paul Eckman pointed out there appeared to be a
redundancy in Section 2C and suggested the excess words be deleted.
Councilmembers Ohlson and Estrada stated they would accept Eckman's
suggestion as a friendly amendment to their original motion.
Councilmember Knezovich suggested this Resolution did not fall under the
Charter assigned duties and powers of the City Council.
Councilmember Knezovich made a motion, seconded by Councilmember Clarke, to
table the Resolution for one month to investigate its real impact on the
business affairs of the City of Fort Collins. Yeas: Councilmembers
Clarke, Knezovich, and Stoner. Nays: Councilmembers Estrada, Horak,
Ohlson, and Rutstein.
THE MOTION FAILED.
Councilmember Ohlson noted he felt this was a fairly moderate proposal in '
that the City would only be barred from doing business with those firms who
had not signed the Sullivan principles.
Councilmember Clarke agreed that it was inappropriate for Council to be
involved in this issue. He condemned apartheid, but noted he felt this
method would not be effective in bringing about change to the South African
government in terms of how they relate to the black population of the
country. He felt divestiture by U.S. government entities and firms would
destabilize the South African government to the detriment of those persons
the City seeks to aid.
Councilmember Horak felt this was a policy issue and well within the scope
of duties and powers granted to the Council by the Charter. He pointed out
this action would be reviewed periodically and could be changed if found to
be problematic.
Councilmember Ohlson noted this issue was first considered by Council over
two years ago. He voiced support for the Resolution.
Mayor Rutstein pointed out there were many white people in South Africa who
did not support the apartheid policies of the government.
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August 20, 1985
' The vote on Resolution 85-134 as amended was as follows: Yeas:
Councilmembers Estrada, Horak, Ohlson, Rutstein, and Stoner. Nays:
Councilmembers Clarke and Knezovich.
THE MOTION CARRIED.
Citizen Participation
A. A plaque was presented to the Fort Collins Junior Women's Club for
their efforts in raising funds for the "Playground for All Children" at
Rolland Moore Park. The plaque was accepted by Clubmember Jan Gianola.
B. Proclamation Naming August 26-27 as Circus Vargas Days was accepted by
Judy Palmer of the circus.
Paul Biehle, 127 South College, called Council's attention to the noise
from public events held in the Oak Street Plaza, City Park, etc. He
suggested the noise was a violation of the City's noise ordinance.
Joe Stern 1221 LaPorte Avenue, suggested Council consider converting all
City households to water meters to cut down on the wasteful use of water.
Dale Maxey, 1512 Shadow Mountain Court, suggested Council adopt a
Resolution censoring the Coloradoan for their special newspaper series on
I
CSU. He objected to their highlighting of bars in the article and their
neglect of the City's amenities such as cultural or church activities.
Appeal of Planning and Zoning Board Decision
to Deny the Proposed J.T. Rose's Automobile
Bath Preliminary and Final PUD,
Planning and Zoning Board Decision Reversed
Following is the staff's memorandum on this item:
"Executive_ Summary
On July 22, 1985, the Planning and Zoning Board denied the request of Jan
and Ted Rose for Preliminary and Final PUD approval of a 3-bay automatic
car wash located on the southwest corner of Swallow Road and Remington
Street. The site is zoned H-B, Highway Business. The 4-0 denial was based
on the amount of activity, the tightness of the site, and resulting traffic
flow problems.
Staff recommended approvalof"the request. Mr. Ted Rose has requested that
the item be appealed to City Council.
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August 20, 1985
Background
The proposal is for a 3-bay automatic car wash with office/mechanical space '
and two vacuum pads (total of four vacuums) on an 11,966 square foot lot.
The applicant proposes two bays and the office area as the initial phase
with the ability to add a bay on the south side of the building at some
future date. Cars would enter the site via a 2-lane curb cut on Swallow
Road. Exit would only be allowed on Remington Street. Additional
background information is contained in the attached staff report.
Staff recommended approval based on the following:
0 That the request achieves 54% on the Auto Related and Roadside
Commercial Point Chart (50% required),
0 All Development Criteria have been satisfied in Staff's opinion,
Compliance with the City of Fort Collins Master Street Plan and
Transportation Department recommendations,
0 Compliance with the Land Use Policies Plan, which encourages provision
of services adjacent to residential areas.
0 Internal turning movements meet traffic and engineering standards with
approximately 25 feet of back-up space from the westerly vacuum to the
closest point of the building. The adjacent street system will continue
to function at an acceptable level of service in the judgment of the '
City Traffic Engineer.
Staff believes that the proposal mitigates neighborhood impacts to the
extent possible through good landscaping, choice of exterior materials,
noise reduction devices for the vacuums, directional lighting and one-way
traffic flow. The request was not viewed as being particularly
controversial since only six people attended the neighborhood meeting.
Prior to the meeting the Planning Department received two calls from
individuals opposed to the project and two letters, one supporting and one
opposed to the project. The only public. input at the Planning and Zoning
Board meeting was from a representative'of the gas station to the west who
questioned the access.
The Planning and Zoning Board voted 4-0 to deny the request. Discussion
focused on turning movements internal to the site, particularly around the
vacuums, turning movements on the adjacent streets, the amount of activity
on the site and overall feeling of "tightness", and the two foot setback
from the south property line. Although not stated in the discussion, the
Board's concerns appear to be partially expressed by All Development
Criteria #27 (Site Design) which asks, "Are the elements of the site plan,
e.g., buildings, circulation, open space and landscaping, etc., designed
and arranged to produce an efficient, functionally organized, and cohesive
Planned Unit Development?" See the attached minutes for a detailed account
of the Planning and Zoning Board discussion.
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August 20, 1985
One point of clarification should be mentioned with respect to the letter
' of appeal submitted by Ted Rose (attached). It states that no variance was
needed, however with approval of the PUD, a variance from the 15 space
automobile stacking requirement for car washes set forth in the Zoning Code
would be granted (13 spaces are provided and considered adequate)."
Acting Director of Community Development Linda Hopkins summarized the
proposal.
Ted Rose, 1068 Sailors Reef, the appellant, suggested his project should be
approved since it met or exceeded all the requirements and criteria. He
spoke on the traffic issue noting the Traffic Engineer had agreed no
problem existed either on site or off site, today or in the future. He
described the traffic flow and operation of the washing facility and asked
that the decision of the Planning and Zoning Board be overturned.
Project Planner Elaine Klechner spoke to the points given for energy
conservation, noting points were given for the cold water rinse option and
the heat saving devices within the mechanical equipment.
Richard Johnson, 200 East Swallow, opposed the project and cited potential
traffic flow problems.
Jeff Schafer, 5209 Greenview, owner of Rocky Mountain Book and Bible,
expressed concern about the parking for his store and the other area stores
and spoke of the heavy use of the area in front of his store and Osco's as
' a cut through access to the Foothills Fashion Mall. He asked that Council
uphold the Planning and Zoning Board decision.
Civil Engineer Josh Richardson noted traffic engineering staff was
comfortable with the project as proposed. He spoke to the alignment of the
curb cuts in the area noting there were more that staff would find ideal.
He noted the cut through spoken of was on private property.
Mayor Rutstein noted she believed the traffic situation was extremely
dangerous now even before this project is built. She noted she could not
support the location of this particular business on the site.
Councilmember Stoner made a motion, seconded by Councilmember Clarke, to
reverse the Planning and Zoning Board decision to deny the proposed J.T.
Rose Automobile Bath Preliminary and Final POD and to approve the proposal.
Yeas: Councilmembers Clarke, Estrada, Horak, Knezovich, Ohlson, and
Stoner. Nays: Mayor Rutstein.
THE MOTION CARRIED.
City Manager's Report
City Manager Arnold called Council's attention to the URISA award for the
City's meter reading program.
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August 20, 1985
He noted the City Hall West wing wall project would be completed by '
December 5. He added the project would need extra money to modify the ramp
to meet handicapped accessibility standards.
He noted the painting of the Avery House would be completed in October.
Other Business
Councilmember Stoner made a motion, seconded by Councilmember Ohlson, to
direct staff to draft a Resolution appointing Larry Estrada to the Colorado
Municipal League Policy Committee for the September 3 meeting. Yeas:
Councilmembers Clarke, Estrada, Horak, Knezovich, Ohlson, Rutstein, and
Stoner. Nays: None.
THE MOTION CARRIED.
Adjournment
Councilmember Knezovich made a motion, seconded by Councilmember Ohlson, to
adjourn the meeting into Executive Session to discuss personnel matters.
Yeas: Councilmembers Clarke, Estrada, Knezovich, and Rutstein. Nays:
Councilmembers Horak, Ohlson, and Stoner.
THE MOTION CARRIED. '
At the conclusion of the Executive Session, Councilmember Ohlson made a
motion, seconded by Councilmember Estrada, to adjourn the meeting. Yeas:
Councilmembers Clarke, Estrada, Horak, Knezovich, Ohlson, Rutstein, and
Stoner. Nays: None.
THE MOTION CARRIED.
The meeting adjourned at 1:15 a.m.
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