Loading...
HomeMy WebLinkAboutMINUTES-02/05/1991-RegularFebruary 5, 1991 ' COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council -Manager Form of Government Proclamations and Presentations - 6:15 p.m. Proclamation Naming February as American History Month, was presented. Proclamation Naming February 10-16 as Vocational Education Week, was presented. C. Proclamation Naming February 10, 1991 as Emil and Eleanor Olander Day, was presented. REGULAR MEETING 6:30 p.m. A regular meeting of the Council of the City of Fort Collins was held on Tuesday, February 5, 1991, 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: Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey and Winokur. Staff Members Present: Burkett, Krajicek, Roy. ' Citizen Participation Beatriz Alonso, 2630 Brookwood Drive, stated she wanted to work in cooperation with Council to obtain answers to her previous inquiries. She expressed concerns regarding qualifications of Council candidates. Albert Bisceglia, 520 Galaxy Court, complained that C.S.U. is dumping horse manure on private citizens property and asked Council for assistance in stopping it. Agenda Review City Manager Steve Burkett stated he would bring back changes to Item #15, Hearing and First Reading of Ordinance No. 10, 1991, Submitting a Proposed Charter Amendment to a Vote of the Registered Electors Concerning the Budget Adoption Process and Interfund Transfers, recommending adopting the budget on the last day in November rather than the last day in October. He noted he would bring back changes to the Council on Second Reading and requested the Ordinance be adopted as presented. Bruce Lockhart, 2500 E. Harmony Road requested item #15, Hearing and First Reading of Ordinance No. 10, 1991, Submitting a Proposed Charter Amendment to a Vote of the Registered Electors Concerning the Budget Adoption Process and Interfund Transfers, be withdrawn from the Consent Calendar. 1 38 This Calendar is intended on the important items on Consent Calendar. Anyone off the Consent Calendar the Consent Calendar will Consent Items. 7. 0 a February 5, 1991 Consent Calendar to allow the City Council to spend its time and energy a lengthy agenda. Staff recommends approval of the may request an item on this calendar to be "pulled" and considered separately. Agenda items pulled from be considered separately under Agenda Item #26, Pulled Consider approval of the minutes of the regular meeting of December 18. This Ordinance, which was unanimously adopted on First Reading on January 15, rezones the property known as Vipont at Prospect Park East. Vipont has voluntarily petitioned the City to rezone the I-G, General Industrial, portion of the parcel into I-L, Limited Industrial. A potential, attached building expansion would cross the current zone district line. The rezoning seeks to place the entire Vipont parcel under one, uniform, zone district: I-L, Limited Industrial. The request for I-L, Limited Industrial, represents a downzoning to a more restrictive zone. The rezoning is justified based on the change of character in the area from heavy industrial to light industrial. Transportation and utility systems required to serve light industrial development are adequate and consistent with phasing plans for the City. Second Reading of Ordinance No. 2, 1991, Appropriating Prior Year Reserves in the Wastewater Fund For the Construction of- the Lincoln Street Interceptor Sewer Line. This Ordinance, which was unanimously adopted on First Reading on January 15, appropriates prior year reserves to fund replacement of 3100 lineal feet of the 24 inch Lincoln Street Interceptor along the Poudre River. The 1990 budget originally scheduled the design of this project for 1991 with construction to begin in 1992. After a heavy rainfall last spring, a break occurred in the interceptor located in the embankment of the Poudre River. The pipe had been exposed from erosion, and concrete blocks used for bank stabilization had washed down the embankment and broken the pipe. Wastewater Utility crews were able to temporarily patch the line but it is imperative that the replacement be completed before the 1991 runoff. 39 10. February 5, 1991 This Ordinance, which was unanimously adopted on First Reading on January 15, will increase the cash rate charged developers for satisfaction of raw water requirements from $1,300 to $1,500 per acre foot. The cash rate is adjusted periodically to reflect the current price of raw water. Developers have the option of turning in water rights or cash when satisfying the City's raw water requirements. Authority. This Ordinance, which was unanimously adopted on First Reading on January 15, grants Platte River Power Authority a 15-foot access easement from the City to access its electrical transmission line in the SouthRidge Greens P.U.D. Phase I. There is no impact on play on the golf course as.the land in question is all unimproved "rough" area, nor will there beany noticeable impact to adjacent homeowners as a result of this access easement. Platte River Power Authority will fully restore any damage to the golf course which could result by its usage of the easement. The Golf Board, at its special meeting of December 10, 1990, voted unanimously (7:0) to approve this access easement and recommend the same to City Council. Granting of this easement should be of no consequence to -any potential sale of the SouthRidge Golf Course. Larimer County has scheduled the reconstruction of Centennial Drive Road to begin in 1991. The project will be staged/constructed over several years with the northern portion being first. This work will involve some realignment, widening the roadway to thirty feet, installing drainage culverts and surfacing with a seal and chip coat. The roadway will have an asphalt mat surface placed when more funds are available. This Ordinance, which was unanimously adopted on First Reading on January 15, conveys to Larimer County the property needed to widen portions of Centennial Drive Road. 12. There are a number of businesses in the city which display signs on vehicles or trailers where the primary use of the vehicle or trailer appears to be for sign display. In some cases these signs are the only signs on the property advertising the business. In other instances, these signs are in addition to permanent signage advertising the business, and ' in still other instances the sign is an off -premise sign in that it 40 13. 14. February 5, 1991 1 advertises a product or service which is located somewhere else than upon the lot where the sign is displayed. In all cases though, the use of such signs is not in keeping with the intent of the sign code which is to create orderly signage along the streets of the city. Since vehicle -mounted signs are currently unregulated, these businesses have found a loophole in the Code. This Ordinance, which was unanimously adopted on First Reading on January 15, only regulates vehicles and vehicle -mounted signs which are used in such a manner that the primary purpose of the vehicle becomes that of a sign display. This Ordinance, which was unanimously adopted on First Reading on January 15, increases the wastewater PIFs for non-residential customers based on the results of a cost -of -service study conducted by staff in conjunction with James M. Montgomery Engineers. The study found that residential PIFs ($1,600 for a single family residence) are adequate to cover the costs of providing treatment and collection system capacity to new customers. Non- residential PIFs need to be increased. 1 A. Second Reading of Ordinance No. 80, 1990, Annexing Approximately 46 Acres, Known as the Burns Annexation. B. Second Reading of Ordinance No. 81, 1990, Zoning Approximately 46 Acres, Known as the Burns Annexation, into the R-F, Foothills Residential, Zoning District. On July 17, Council unanimously adopted Resolution 90-105 Setting Forth Findings of Fact and Determinations Regarding the Burns Annexation and Zoning. On July 17, Council also unanimously adopted on First Reading Ordinance No. 80, 1990 and Ordinance No. 81, 1990, which annex and zone approximately 45.65 acres located west of Overland Trail and south of Drake Road (extended). The requested zoning is the R-F, Foothills Residential District. The property is largely undeveloped, two single-family residences are located on the property. The property is currently zoned FA-1, Farming in the County. This is a voluntary annexation. At the request of the applicant, consideration of the annexation was postponed to this date. A letter on behalf of the applicant requesting that the Burns Annexation and Zoning be postponed to February 19 has been , 41 February 5, 1991 received. Adoption of the Consent Calendar will postpone consideration of this item until February 19. 15. Ordinances Submitting Proposed Charter Amendments to the Electors. A. Hearing and First Reading of Ordinance No. 10, 1991, Submitting a Proposed Charter Amendment to a Vote of the Registered Electors Concerning the Budget Adoption Process and Interfund Transfers. Hearing and First Reading of Ordinance No. 11, 1991, Submitting a Proposed Charter Amendment to a Vote of the Registered Electors Concerning Appropriations Forbidden. C. Hearing and First Reading of Ordinance No. 12, 1991, Submitting a Proposed Charter Amendment to a Vote of the Registered Electors Concerning Competitive Bidding of Construction Contracts. D. Hearing and First Reading of Ordinance No. 13, 1991, Submitting a Proposed Charter Amendment to a Vote of the Registered Electors Concerning Approval of Contracts for Services. The Council reviewed at a recent worksession certain proposed amendments to the City Charter. Among them were five amendments which had been recommended by the Council Finance Committee. Those amendments deal with interfund transfers; the budget adoption process; certain appropriations to outside agencies; competitive bidding requirements for construction contracts; and the length of contracts for services which must be approved by the Council. At the conclusion of the worksession, the staff was directed to present these items to Council for formal consideration. Two additional proposed amendments pertaining to nonfinancial matters are being presented separately. 16. Hearing and First Reading of Ordinance No. 14, 1991, Appropriating Prior Year Reserves. Funds were appropriated in 1990 for specific purposes as described below, but not spent. The unspent funds were added to the reserves at the end of 1990. Appropriations were typically not spent because there was not sufficient time to complete bidding,in 1990, and thus there was no known vendor or binding contract to encumber the funds for expenditure in 1991. This ordinance reappropriates the 1990 funds for the same uses as were originally approved by Council in 1990. 17. Hearing and First Reading of Ordinance No. 15, 1991, Appropriating Prior Year Reserves from Police Seizure Activity. ' During calendar year 1990, Fort Collins Police Services has continued to 42 ME 19 February 5, 1991 utilize existing state statutes to seize money and property used in criminal activity. City Council receives annual reports on seizure activity and expenditures of funds. By statute, monies allocated by the court to the seizing agency shall not be considered a source of revenue to meet normal operating needs. These monies are used, instead, to meet expenses incurred by the agency in performing duties which have not been funded through the routine budget process. These monies have been deposited in the General Fund and set aside in a restricted reserve for police expenditures. This appropriation of $58,432 includes $39,599 in Prior Year Reserves from seizure money on account through year end 1990 and the remaining unexpended appropriation from 1990 in the amount of $18,833.00. Awards made by the courts during 1991 will be appropriated early in 1992. Golf Course. The Center Greens development near the 8th, 9th, and 10th fairways at SouthRidge Golf Course will require water service from Fort Collins - Loveland Water District. Water distribution lines need to be connected to complete the loop as part of the work at Center Greens. The two easements necessary for this work are located in the "rough" areas of the No. 9 and No. 10 fairways. The water line locations and installation will not impact normal golf play. The Water District will be responsible for restoring the rough area to its existing condition once construction is completed. Granting of these two easements should be of no consequence to any potential sale of the SouthRidge Golf Course. Items Relating to Library Services. A. Resolution 91-14 Authorizing the Mayor to enter into an Intergovernmental Agreement with Larimer County for the Purpose of Providing Library Services to Residents of Larimer County. B. Hearing and First Reading of Ordinance No. 17, 1991, Appropriating Unanticipated Revenue of $10,180 for the Library Outreach Program. This resolution authorizes the Mayor to enter into an agreement for the City to continue to provide Larimer Country residents with general Library services and Library outreach services to serve the handicapped, elderly, and other isolated persons. In exchange for providing these services during 1991, the County will pay to the City $109,507. The Ordinance appropriates the outreach funds. General Service funds were projected and appropriated with the 1991 budget. 43 ' February 5, 1991 20. Hearing and First Reading of Ordinance No. 18, 1991, Amending the Code Relating to the Natural Resources Advisory Board. This Ordinance amends Chapter 2 of the Code relating to the composition of the Natural Resources Advisory Board. Specifically, the ordinance eliminates the two alternate positions on the Board, reducing the composition to nine regular members. 21. Resolution 91-15 Affirming the City's Economic Development Policy. This Resolution represents a statement or affirmation of the way in which Fort Collins, as a community, addresses the process of Economic Development. This is intended as a statement of current policy and therefore refers only to Resolutions and Ordinances previously adopted by Council. 22. Resolution 91-16 ADDroving the Purchase of Shares in the North Poudre Irrigation Company. This resolution will approve the purchase of 40 shares of North Poudre Irrigation Company (NPIC). ' 23. Resolution 91-17 Making Appointments to the Community Development Block Grant Commission. At its September 4, 1991 meeting, Council adopted on second reading Ordinance No. 98, 1990 creating a Community Development Block Grant Commission. The Commission's duties, in part, are to advise the Council on matters pertaining to the Department of Housing and Urban Development Community Development Block Grant (CDBG) Program and to provide recommendations to the Council concerning the expenditure of CDBG funds received from the Department of Housing and Urban Development. Following creation of the Commission, advertisements were placed and applications are continuing to be accepted for the Commission. To date, a sufficient number of applications have not been received to fill the 13 positions on the Commission. Councilmembers Kirkpatrick and Maxey have conducted interviews for those applications received prior to mid -January and are recommending that 8 appointments be made at this time so that the Commission may begin its work for fiscal year 1991. The remaining appointments will be made as additional applications are received. 1 44 The recommended appointees are: Name February 5, 1991 Expiration of Term Tina Marie Ribera July 1, 1993 Louise Stitzel July 1, 1994 Carl McWilliams July 1, 1994 Bobbie Guye July 1, 1994 Josephine Mata July 1, 1994 Thomas Dougherty July 1, 1995 Linda Coxen July 1, 1995 Dan MacArthur July 1, 1995 24. Resolution 91-18 Naming an Alley Located in Downtown Fort Collins. In response to a request from the Advance Planning Division of the Planning Department, staff is proposing the name, "Tenney Court", for the alley generally located behind the Opera Galleria and Woolworth buildings. Naming of the alley is desirable to facilitate the location of businesses oriented to the alleys and for pedestrian recognition of the alley as a valid thoroughfare. Alley names are also necessary to provide addressing and mail delivery options. The Landmark Preservation Commission has been consulted and concurs with this proposal and the proposed name. Naming ' of the alley does not imply any increased maintenance obligation for the Transportation Services Department. 25. Routine Deeds and Easements. Powerline easement from Richard L. Anderson and Eleanor P. Anderson, 204-206-208 Roosevelt Avenue, needed to install electric oval vault to underground existing overhead electric system. Monetary consideration: $46. ($2/sq. ft.) Powerline easement from Rocky Martinez and Rose M. Martinez, 228- 230 Roosevelt Avenue, needed to install electric oval vault to underground existing overhead electric system. Monetary consideration: $48. (8' x 3' @ $2/sq. ft.) C. Powerline easement from Morris G. Bristol, Trustee, by Letha I. Robinson as Attorney - in - Fact, and Letha I. Robinson, Trustee of the Morris G. Bristol Trust, 1717-19; 1708 and 1712-14 Morningside, needed to install oval and secondary electric vaults to underground existing overhead electric system. Monetary consideration: $108. (2' x 8'; 2' x 3' and 4' x 8' @ $2/sq. ft.) d. Powerline easement from Alfred E. Dale and Peggy L. Dale, 228 Clover Lane, needed to install electric oval vault to underground existing 45 1 February 5, 1991 overhead system. Monetary consideration: $48. (3' x 8' @ $2.00/sq. ft.) e. (1) Deed of easement from Willow Run Partnership, 777 E. Lincoln Ave., needed for the Lincoln Street Interceptor Sewer Line. Monetary consideration: $4,625. (2) Deed of easement from Dorothy A. Whisler, East Lincoln Avenue, needed for the Lincoln Street Interceptor Sewer Line. Monetary consideration: $735. Ordinances on Second Reading were read by title by Wanda Krajicek, City Clerk. Item #7. Item #8 Item #9. Item #10. Item #11 Item #12. Item #13 East Rezoning. Second Reading of Ordinance No. 2, 1991, Appropriating Prior Year Reserves in the Wastewater Fund For the Construction of the Lincoln Requirements of the Water Utility. Second Reading of Ordinance No. 6, 1991, Authorizing the Conveyance of Real Property from the City of Fort Collins to Larimer County. Second Reading of Ordinance No. 8, 1991 Amending Sections 26-283 and 26-284 of the Code Regarding Wastewater Plant Investment Fees. Ordinances on First Reading were read by title by Wanda Krajicek, City Clerk. Item #15. Ordinances Submitting Proposed Charter Amendments to the Electors. A. Hearing and First Reading of Ordinance No. 10, 1991, Submitting a Proposed Charter Amendment to a Vote of the Registered Electors Concerning the Budget Adoption Process and Interfund Transfers. 46 February 5, 1991 ' B. Hearing and First Reading of Ordinance No. 11, 1991, Submitting a Proposed Charter Amendment to a Vote of the Registered Electors Concerning Appropriations Forbidden. C. Hearing and First Reading of Ordinance No. 12, 1991, Submitting a Proposed Charter Amendment to a Vote of the Registered Electors Concerning Competitive Bidding of Construction Contracts. D. Hearing and First Reading of Ordinance No. 13, 1991, Submitting a Proposed Charter Amendment to a Vote of the Registered Electors Concerning Approval of Contracts for Services. Item #16. Item #17. Item #18. Item #19. B. Item #20. Hearing and First Reading of Ordinance No. 17, 1991, , Appropriating Unanticipated Revenue of $10,180 for the Library Outreach Program. Councilmember Mabry made a motion, seconded by Councilmember Azari, to adopt and approve all items not removed from the Consent Calendar. Yeas: Councilmembers Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey and Winokur. Nays: None. THE MOTION CARRIED. Ordinances Submitting Proposed Charter Amendments to the Electors. Adopted as Amended The following is staff's memorandum on this item. "EXECUTIVE SUMMARY A. Hearing and First Reading of Ordinance No. 10, 1991, Submitting a Proposed Charter Amendment to a Vote of the Registered Electors Concerning the Budget Adoption Process and Interfund Transfers. B. Hearing and First Reading of Ordinance No. 11, 1991, Submitting a Proposed ' 47 February 5, 1991 Charter Amendment to a Vote of the Registered Electors Concerning Appropriations Forbidden. C. Hearing and First Reading of Ordinance No. 12, 1991, Submitting a Proposed Charter Amendment to a Vote of the Registered Electors Concerning Competitive Bidding of Construction Contracts. D. Hearing and First Reading of Ordinance No. 13, 1991, Submitting a Proposed Charter Amendment to a Vote of the Registered Electors Concerning Approval of Contracts for Services. The Council reviewed at a recent worksession certain proposed amendments to the City Charter. Among them were five amendments which had been recommended by the Council Finance Committee. Those amendments deal with interfund transfers; the budget adoption process; certain appropriations to outside agencies; competitive bidding requirements for construction contracts; and the length of contracts for services which must be approved by the Council. At the conclusion of the worksession, the staff was directed to present these items to Council for formal consideration. Two additional proposed amendments pertaining to nonfinancial matters are being presented separately. ' BACKGROUND: City staff recently compiled a list of proposed Charter amendments that had.come to staff's attention from various sources. That list was reviewed by two Council committees, the Finance Committee and the Legislative Committee. Of the items presented to the Legislative Committee, none were selected by the Committee for further consideration by the Council. The Finance Committee identified five possible amendments which are being be presented to the entire Council for formal review. These amendments deal with: interfund transfers of appropriations; the budget adoption process; City appropriations to outside agencies for benevolent, charitable or industrial purposes; competitive bidding requirements for construction contracts; and contracts for services which must be approved by the Council. In addition to those amendments recommended by the Finance Committee, two others were reviewed by Council at its worksession on January 29. Those are being presented for Council's formal consideration as a separate agenda item. Description of Proposed Changes The amendments recommended by the Finance Committee are described below: 1. Budget adoption process. (Article V, Sections 2, 4 and 5) The process for reviewing and adopting the annual budget of the City and appropriating funds under the budget is described in Article V, Section 1 of the Charter. Under this process, the budget is first adopted by resolution and the funds are subsequently appropriated by ordinance. The proposed amendment to the Charter would combine the adoption of the budget, the fixing of the tax levy and the 48 February 5, 1991 ' appropriation of funds, so that the entire process could be accommodated by the passage of a single ordinance. This combination of items would be permissible under the Charter, since there is already a provision in Article I1, Section 6 which exempts the annual appropriation ordinance from the general requirement that ordinances be confined to a single subject. It is anticipated that this change would simplify the budget adoption process, particularly with respect to any amendments that Council may wish to make during their formal consideration of the budget. 2. Interfund transfers. (Article V, Section 15) It is this section which defines the circumstances under which appropriated monies may be transferred from one fund to another. As is, the language permits Council to approve interfund transfers "when the purpose for the initial expenditure no longer exists." This phrase has been interpreted to apply to two different situations: a. when the transferred funds will still be expended for the purpose for which they were appropriated but the expenditure will occur from a different fund; and b. when the purpose for which the monies were initially appropriated no longer exists. t The proposed revision would spell out those two situations as circumstances under which these kinds of transfers from one fund to another would be permitted. 3. Appropriations forbidden. (Article V, Section 16) The Charter prohibits appropriations for charitable, industrial, educational or benevolent purposes to any person, corporation or organization not under the absolute control of the City or to any denominational or sectarian institution or association. Colorado case law has held that appropriations for these kinds of purposes, which might otherwise be viewed as prohibited donations to private agencies, are legally permissible so long as they serve a bona fide public purpose. Because this line of cases has been developed under a constitutional provision which is differently worded than the City Charter, the City Attorney is recommending that a statement of this common law exception be specifically incorporated into the Charter to eliminate any uncertainty as to whether it applies to the Charter provision as well as the Constitutional provisions. 4. Competitive bidding for construction contracts. (Article V, Section 30) The Charter generally requires that contracts for the construction of City improvements be awarded according to a competitive bidding process. Situations periodically arise when the competitive bidding process (and the accompanying requirement that the award be made to the lowest competitive bidder) may be impractical or even counterproductive. One such situation is when unforeseen difficulties are encountered in completing the construction of a particular ' 49 1 February 5, 1991 improvement, and a change order in the original contract must be executed in order to resolve the problem and complete the improvement. Although change orders up to 15% of an original, competitively bid contract can now be accomplished without additional bidding, in practice this amount has often proved to be insufficient to accommodate changes needed because of unforeseen conditions. By way of example, last year a contract was let to remove an asphalt bridge deck, add a water -proofing membrane and apply a new asphalt deck. Work on this project blocked a major road to all traffic. After the original decking was removed, it was discovered that the old bridge surface was severely deteriorated. The proper solution required work items that were not a part of the original bid, i.e., milling out bad material and adding a new concrete surface. The changes required by this discovery were over the $15,000 no -bid limit and exceeded 15% of the contract amount for this bridge. Rebidding the new items would have added four to six weeks to the time during which this bridge would be closed to traffic. In order to accommodate these kinds of changes, the proposed amendment to this Section of the Charter would permit the Council to authorize the Purchasing Agent to grant exceptions on a case -by -case basis. The criteria for excepting ' these changes from competitive bidding is specifically identified in the proposed language. Additionally, it may sometimes be in the City's best interest to use a competitive proposal process rather than a competitive bid process. Use of the competitive bidding process requires that detailed specifications and engineering be accomplished by the City prior to inviting bids; general performance specifications cannot be used. Under this system, the City is unable to invite proposals which present alternative ways of approaching the construction of the project and to choose the one with the most appropriate mix of qualifications. The second proposed change to this Charter provision would permit improvements to be submitted to either a competitive bidding process or a competitive proposal process (in which the dollar amount bid does not, in and of itself, determine the party to whom the contract is awarded). In summary, the language which is being proposed by this amendment would effect two changes: (1) either a competitive bidding process or a competitive proposal process could be used for awarding contracts, and (2) Council would be authorized to empower the Purchasing Agent to grant exceptions to the competitive processes, on a case -by -case basis, according to specific criteria established in the Charter. 5. Length of contracts for services. (Article V, Section 31) The present Charter language requires that all contracts for services made by the City for a longer period than two years must be authorized by ordinance. Staff recommends that this section be changed to enable Council to establish by 50 February 5, 1991 ' ordinance a maximum term for service contracts. With this change, the maximum term of contracts which could be executed without Council approval could be lengthened or shortened, as deemed advisable, without the need for a Charter amendment. Proposed Form of Submission Four ordinances are presented to Council for submitting these proposed amendments to.the voters. Two of the amendments have been combined on a single ballot, namely, the changes to -the budget adoption process and the amendment relating to interfund transfers. The others are presented separately." Councilmember Winokur made a motion, seconded by Councilmember Horak, to adopt Ordinance No. 10. 1991, changing the budget adoption date to the last day in November. Bruce Lockhart, 2500 E. Harmony Road, stated he did not believe that consideration of any proposed Charter Amendments should be considered "housekeeping" and stated they deserved more time on the Agenda. The vote on Councilmember Winokur's motion was as follows: Yeas: Councilmembers Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey and Winokur. Nays: None. THE MOTION CARRIED. Councilmember Maxey made a motion, seconded by Councilmember Edwards, to adopt Ordinance No. 11, 1991 as amended. The vote on Councilmember Maxey's motion was as follows: Yeas: Councilmembers Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey and Winokur. Nays: None. THE MOTION CARRIED. Councilmember Edwards made a motion, seconded by Councilmember Maxey, to adopt Ordinance No. 12, 1991 on First Reading. The vote on Councilmember Edwards' motion was as follows: Yeas: Councilmembers Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey and Winokur: Nays: None. THE MOTION CARRIED. Councilmember Azari made a motion, seconded by Councilmember Edwards, to adopt Ordinance No. 13, 1991 on First Reading. The vote on Councilmember Azari's motion was as follows: Yeas: Councilmembers Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey and'Winokur. Nays: None. ' 51 THE MOTION CARRIED. Staff Reports February 5, 1991 City Manager Steve Burkett gave a brief introduction of the new Director of Police Services Fred Rainquet. Ordinance No. 9, 1991 Authorizing an Agreement for Administration of Economic Opportunity Funds )y the Fort Collins Area Community Foundation for The following is staff's memorandum on this item. "EXECUTIVE SUMMARY The purpose of this Ordinance, which was adopted 5-1 on First Reading on January 15, is to authorize the City Manager to enter into a contract, not to exceed five (5) years, with the Fort Collins Foundation to administer funds held in the Foundation's Economic Opportunities Fund. Although the current contract with the Foundation did not specify a completion date, staff believes that the original intent was that the funds would be totally expended on program support ' over a two-year period. The amount of time required to review and process grant proposals simply precluded this. Staff therefore believes that it is important to provide Council with the opportunity to review the status of this fund. If Council chooses to continue the relationship with the Foundation, staff recommends executing a new five year contract which specifies the long term focus." Councilmember Mabry made a motion, seconded by Councilmember Azari, to adopt Ordinance No. 9, 1991 on Second Reading. The vote on Councilmember Mabry's motion was as follows: Yeas: Councilmembers Azari, Edwards, Kirkpatrick, Mabry, Maxey and Winokur. Nays: Councilmember Horak. THE MOTION CARRIED. Ordinance No. 145, 1990, Amending Chapter 29 of the Code of the City of Fort Collins Relating to Off -Premise Signs. Adopted on Second Reading The following is staff's memorandum on this item. "EXECUTIVE SUMMARY On January 15, 1991 the City Council was presented with three different 52 February 5, 1991 ' regulatory approaches dealing with off -premise signage. These three options were formulated as a result of a directive to staff which was contained in Ordinance No. 96, 1990. This ordinance imposed a 180 day moratorium on the erection or construction of off -premise signs and directed City staff to work with the sign industry and the citizens of the City in order to develop an ordinance regulating such signs. The public participation process which followed resulted in three options. On January 15, City Council adopted on First Reading an amended Option 8 by a vote of 6-0. The amendment was to Section 4 of the ordinance and pertained to the sign reduction element of this option. As originally proposed to Council, a prohibition period on the construction of new off -premise signs would have been established in order to reduce the number of such signs. The recommendation was a four-year prohibition or a 10% reduction, whichever occurred first. City Council desired to eliminate reference to a specific time limit prohibition, but sought to guarantee a more meaningful percentage reduction. Specifically, the ordinance as adopted requires that no new off - premise commercial signs sha11 be permitted until the number of such off -premise signs which are in existence in the city on the effective date of this ordinance is reduced by 15%. Once this reduction has occurred, then the maximum number of such signs which would be allowed in the city at any one time would be seventy-six. This number may be increased, however, to include the number of such signs which are located on property which is subsequently annexed into the ' city. If a sign is removed after the required reduction has occurred, then a new sign would be allowed to be constructed somewhere else in the city to replace it. Some language changes have been incorporated into the ordinance in order to clarify this amendment." Councilmember Maxey made a motion, seconded by Councilmember Edwards, to adopt Ordinance No. 145, 1990 on Second Reading. Code Administrator Peter Barnes gave a brief presentation on this item. John 0. Walker, 421 South Howes, noted Council has ignored the pleas of the people who support the complete ban of billboards and urged Council to put the ordinance to a vote of the people. Bruce Lockhart, 2500 E. Harmony Road, concurred that the citizens should vote on the Ordinance but he disagreed with banning billboards. The vote on Councilmember Maxey's motion was as follows: Yeas: Councilmembers Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey and Winokur. Nays: None. THE MOTION CARRIED. 53 February 5, 1991 Resolution 91-19 Recommending the Adoption of Certain Sign Regulations for the Fort Collins Urban Growth Area by the Larimer County'Board of Commissioners. Adopted The following is staff's memorandum on this item. "EXECUTIVE SUMMARY On January 15, 1991 the City Council approved on First Reading an ordinance establishing new regulations pertaining to off -premise signs. This ordinance implements a sign reduction plan, a cap and replacement provision and stricter design regulations for off -premise signs within the city. The Council expressed concerns that in order for these regulations to be most effective it was important that Larimer County also explore the possibility of adopting similar regulations for off -premise signs within the Urban Growth Area. This resolution sets forth the City Council's desire to encourage the Larimer County Commissioner's to work cooperatively with the City to develop off -premise sign regulations for the Fort Collins Urban Growth Area which are similar to those contained in Ordinance No. 145, 1990." Councilmember Winokur made a motion, seconded by Councilmember Horak, to adopt Resolution 91-19. The vote on Councilmember Winokur's motion was as follows: Yeas: Councilmembers Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey and Winokur. Nays: None. THE MOTION CARRIED. Items Relating to a Proposed Ordinance Requiring the Construction of a Second Indoor Ice Rink and Accessory Facilities Funded by an Additional Quarter -Cent Sales and Use Tax The following is staff's memorandum on this item. "EXECUTIVE SUMMARY On January 17, the City Clerk received an initiative petition requesting that Council adopt a Proposed Ordinance or refer it to city voters at the April 2 regular city election. The Proposed Ordinance would require the City to expand the existing Edora Pool/Ice Center (EPIC) by the construction of a second indoor ice rink and accessory facilities funded by an additional quarter -cent (.25%) city sales and use tax on all items except food for a two-year period. 1 54 February 5, 1991 ' The City Clerk's Office has examined the petition and has determined that it has been signed by the requisite number of registered electors (829 registered city electors, which is 10% of the total number of ballots cast at the 1989 regular city election) and contains the required particulars and affidavits. The following items are presented for Council consideration: A. Notion to Accept Certification of Initiative Petition. B. Hearing and First Reading of Ordinance No. 19, 1991, Requiring the Construction of a Second Indoor Ice Rink and Accessory Facilities at the Edora Park/Ice Center Funded by an Additional Twenty -Five Hundredths (.25%) Sales and Use Tax on All Items Except Food for a Period of Two Years; OR C. Resolution 91-20 Referring a Proposed Ordinance Relating to Construction of a Second Indoor Ice Rink and Accessory Facilities at the Edora Pool/Ice Center Funded by an Additional Twenty -Five Hundredths Percent (.25%) Sales and Use Tax on All Items Except Food for a Period of Two Years to a Vote of the Registered City Electors at the April 2 Regular Election. Article X of the City Charter requires that the Council either adopt the Proposed Ordinance without change within 30 days of the date of the presentation ' of the certification of a valid petition to the Council by the City Clerk, or refer it to a vote at the regular city election to be held on April 2. In the event that Council decides to refer the measure to the voters, enabling legislation referring the Proposed Ordinance to the voters has been prepared." Councilmember Horak made a motion, seconded by Councilmember Azari, of certification acceptance. The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey and Winokur. Nays: None. THE MOTION CARRIED. City Clerk Wanda Krajicek gave a brief explanation of the item. Councilmember Winokur made a motion, seconded by Councilmember Horak, to adopt Resolution 91-20. Jeff King, EPIC Center Manager, gave a brief background report on the item. Albert Bisceglia, 520 Galaxy Court, opposed the measure and urged defeat of the Ordinance. 55 , 1 February 5, 1991 Mike Moseman, Chairman for the Citizens for the Expansion of EPIC, spoke in support of the ice rink expansion. Bruce Lockhart, 2500 E. Harmony Road, supported the motion stating the voters should decide, but stated he opposed the Ordinance. Councilmember Winokur supported the Resolution but expressed concerns regarding projected revenue and projected costs relating to the project. He stated there would be a substantial impact on traffic and safety in the area. Mayor Kirkpatrick spoke of the need for the facility stating the decision is one that reflects the communities' interest. Councilmember Horak supported the Resolution and commended the petition circulators. The vote on Councilmember Winokur's motion was as follows: Yeas: Councilmembers Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey and Winokur. Nays: None. THE MOTION CARRIED. ' Resolution 91-21, Submitting to the Registered Electors of the City a Resolution Authorizing City Staff to Explore Alternatives to the Renovation of the Community Indoor Pool Located at 424 South Sherwood Street, No Action The following is staff's memorandum on this item. "EXECUTIVE SUMMARY Council requested that a resolution be prepared for its consideration which if adopted would be submitted to the voters on April 2, 1991. The ballot issue would endorse Council's ability to consider alternatives to renovating the Fort Collins Community Pool. BACKGROUND: The Choices 95 citizens committee recommended that the Council earmark $2.4M for the renovation or replacement of the existing indoor pool at 424 South Sherwood Street. The recommendation at that time was that the Council be allowed the freedom to either renovate the existing pool or replace the existing pool based on information that indicated the best course of action. When the project budget was reduced to $1.0, the plan was to'pursue renovation. ' However, a thorough engineering analysis of the existing structure indicates 56 February 5, 1991 ' that the Pool is in worse shape than originally thought. The renovation option would cost $300,000 more than the $1.4M budget in the Choices 95 referendum. This renovation would create a pool that would last 25 to 30 years; however, it is estimated that the building surrounding the pool will only last another 10 to 15 years. In addition, two other studies are in process - building a new Senior Center and expanding the performing arts facilities. These studies indicate that the idea to renovate the existing pool should be weighed along with the possibility of building a new pool at another location. It is the wish of the Council to explore all the possibilities relating to the provision of two pools for the citizens of Fort Collins. Currently, the Council does have the flexibility of exploring all options and making the decision that seems to be in the best interest of the community. However, Council has expressed some discomfort in pursuing relocation without some affirmation of that alternative by the voters. Therefore, Council requested that this resolution be prepared. This resolution proposes that a resolution be presented to the community affirming Council's ability to exercise its discretion on this issue. The ballot language is not intended to decide whether a second pool is needed, nor is it intended to ask the community which it would rather have -- a renovation or a replacement. It ' is simply intended to endorse Council's ability to explore all options and do what is in the best interest of the community." Councilmember Winokur briefly spoke to the item stating staff needs additional time to examine alternatives and felt a vote on the proposed resolution would be premature. Items Relating to a Proposed Resolution Promoting Peace in the Middle East, Adopted Option C The following is staff's memorandum on this item. "EXECUTIVE SUMMARY On January 25, the City Clerk received an initiative petition requesting that Council submit the Proposed Resolution to a vote of the registered electors of the City at a special election. The City Clerk's Office has examined the petition and has determined that it is insufficient for submitting the initiated measure to a vote of the people at a special election. After notification of the petition's insufficiency, the petition representatives chose to amend the form of the petition to delete the request for a special ' election. 57 February 5, 1991 The petition has been signed by the requisite number of registered electors for submission to the voters of the next regular city election (829 registered city electors, which is 10% of the total number of ballots cast at the 1989 regular city election); and it contains the required particulars and affidavits. The following items are presented for Council consideration: A. Motion to Accept Certifications of Initiative Petition. B. Resolution 91-23 Promoting Peace in the Middle East; OR C. Resolution 91-24 Referring an Initiated Resolution Relating to Promotion of Peace in the Middle East to a Vote of the Registered City Electors at the April 2 Regular Election. Article X of the City Charter requires that the Council either adopt the Proposed Resolution without change within 30 days of the date of the presentation of the certification of a valid petition to the Council by the City Clerk, or refer it to a vote at the regular city election to be held on April 2. t In the event that Council decides to refer the measure to the voters, enabling legislation referring the Proposed Resolution to the voters has been prepared." Councilmember Mabry made a motion to not certify the petition as sufficient. THE MOTION DIED DUE TO LACK OF A SECOND. Councilmember Azari made a motion, seconded by Councilmember Horak, to accept Certification of the Initiative Petition. City Attorney Steve Roy clarified the Charter read that a petition may be amended if it is certified as insufficient. He clarified the original petition requesting a special election was certified as insufficient. Councilmember Mabry disagreed with the procedure in which the petition was amended. He suggested the City offer definite guidelines regarding what would be allowed to be amended once a petition has been circulated. The vote on Councilmember Azari's motion was as follows: Yeas: Councilmembers Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey and Winokur. Nays: None. THE MOTION CARRIED. Councilmember Azari made a motion, seconded by Councilmember Edwards, to adopt Resolution 91-24. 58 February 5, 1991 1 LeRoy Gomez, member of the League of United Latin American Citizens, stated the number of hispanics and blacks in the Gulf is greater proportionately than their numbers in the population. He urged support for the minorities when they come home. JoAnn Thompson, 521 W. Myrtle, encouraged the citizens of Fort Collins to support the troops when they return and stated she did not want to see a reaction like the one after Viet Nam. Jane Everham, School Psychologist with PR-1 residing at 3465 Lockwood Drive, asked Council to endorse the Peace Initiative. Beverly Campbell, representing Operation We Care, urged Council to oppose the Peace Initiative and support the troops. Ken Gabor, 1006 Stonecraft, asked Council to support the Peace Resolution. Darrell Ellis, 1612 Lakeridge Court, he stated the initiative was too late and urged support of the troops. Chuck Phillips, 1701 Sagewood, spoke in opposition to the Middle East Peace Initiative. Dennis Stenson, 2820 West Elizabeth, expressed his support for the Peace I Initiative. Jeff Cook, 1621 E. Pitkin, encouraged Council to reject the Resolution and allow Americans to show support for the troops in their own way. Hikey Tate, 2907 W. Olive Street, said her husband is stationed in the Gulf and conveyed his concerns regarding the public's opinion of the soldiers. She asked Council to reject the Peace Initiative and support the soldiers. Dr. Peter Poses, 1800 Sheely Drive, supported the Peace Initiative and asked Council to allow the citizens to vote on the Peace Initiative. Betty Cummings, 2300 Brookwood Drive, stated the war was not in the best interest of the U.S.A. and urged Council to support the Middle East Peace Initiative. Dr. Paul Bates, 609 Duke Lane, said he opposed the war and supported the Peace Resolution. Roy Jones, 2004 Valley Forge Avenue, spoke in support of peace and thanked Council for allowing citizens time to speak on the Peace Initiative. Joe Stern, 1221 Laporte Avenue, supported the Middle East Peace Initiative and asked Council to pass the Resolution. ' 59 1 February 5, 1991 Dr. Luis Sosa, 1625 W. Elizabeth, supported the initiative. David Lipp, 626 Remington, stated he supported the Resolution. Lisa McHugh, a Colorado resident, stated if a Peace Initiative was adopted it would send a negative message to the soldiers implying the citizens of the United States will not support them when they return. Mary Bates, 609 Duke Lane, supported the Initiative and asked Council to provide more time to allow citizens to share concerns. Bruce Lockhart, 2500 E. Harmony Road, questioned the United States involvement in the war. Councilmember Maxey stated he would support the Resolution referring it to the voters at the regular election on April 2. City Clerk Wanda Krajicek read the Citizen -Initiated Resolution and clarified that Council could adopt a separate Resolution taking a position on the issue. Mayor Kirkpatrick supported the Citizen -Initiated Resolution and asked Council to consider a support network program to assist community members regarding the Middle East, regardless of their circumstances. Councilmember Mabry stated he supported giving citizens the opportunity to vote on the Resolution at the April 2 election, but stated he opposed the Peace Initiative. Councilmember Azari spoke in favor of presenting the Resolution to the voters but stated she would not support the Middle East Peace Initiative at the polls. The vote on Councilmember Azari's motion was as follows: Yeas: Councilmembers Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey and Winokur. Nays: None. THE MOTION CARRIED. Ordinances Submitting Two Additional Proposed Charter Amendments to the Electors The following is staff's memorandum on this item. "EXECUTIVE SUMMARY A. Hearing and First Reading of Ordinance No. 20, 1991, Submitting a Proposed ' Charter Amendment to the Voters of the Registered Electors Concerning Qualifications of Councilmembers. 60 February 5, 1991 Hearing and First Reading of Ordinance No. 21, 1991, Submitting a Proposed Charter Amendment to the Voters of the Registered Electors Concerning the Water Board. Ordinances presenting certain proposed Charter amendments pertaining to the financial affairs of the City were presented to the Council separately. These two remaining amendments deal with the Charter provisions pertaining to the Water Board and the qualifications of Councilmembers. BACKGROUND: In addition to the proposed Charter amendments identified by the Council Finance Committee, two other amendments received attention at the recent Council worksession. The items dealing with these amendments are as follows: Oualifications of Councilmembers. (Article 11, Sections 2 and 18) The qualifications for members of City Council established in the Charter include a requirement that no member of the Council may hold any other public office, or employment for which compensation is paid from municipal funds. In another Section of the same Article (Article 11, Section 18), the Charter specifies that a vacancy will be determined to exist when a Councilmember assumes another elective office. An amendment to Section 2 of this Article is proposed which, if adopted, would: (1) remove the inconsistency between the wording in Sections ' 2 and 18; (2) limit the "public office" prohibition to elective offices only; and (3) clarify that the prohibition against Councilmembers holding positions of employment extends only to positions of employment with the City and not to positions of employment outside the City which might indirectly be funded through the use of City monies. Water Board. (Article XII, Section 7) At present, the composition and duties of the Water Board are prescribed in the Charter, as we11 as in the City Code. The Election Board and the Water Board are the only City boards or commissions which are still specifically referenced in the Charter. If the proposed amendment were adopted, this Section of the Charter would be deleted so that the composition, duties and functions of the Water Board would be referenced solely in the Code. Attached to the Agenda Item Summary is a copy of the present Code provision pertaining to the Water Board." City Attorney Steve Roy gave a brief presentation on this item. Councilmember Horak made a motion, seconded by Councilmember Azari, to amend Ordinance No. 20, 1991 replacing the phrase "other public offices, so long as they are not elective office" and inserting the word "non -elective". Bruce Lockhart, 2500 E. Harmony Road, asked if a person is supported with funds from the City, would they be eligible to run for City Council. ' 61 February 5, 1991 City Attorney Steve Roy clarified that any person receiving compensation from the City would not be eligible to run for Council, and further stated Councilmembers are defined as "office holders" not City employees. The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers Azari, Horak, Kirkpatrick, Maxey and Winokur. Nays: Councilmember Mabry. (Councilmember Edwards was out of the room.) THE MOTION CARRIED. Councilmember Maxey made a motion, seconded by Councilmember Winokur, to adopt Ordinance No. 21, 1991. The vote on Councilmember Maxey's motion was as follows: Yeas: Councilmembers Azari, Edwards, Horak, Mabry, Maxey and Winokur. Nays: Mayor Kirkpatrick. THE MOTION CARRIED. Ordinance No. 22, 1991, Fixing the Salary of the City Manager, Postponed Until February 19, 1991 IThe following is staff's memorandum on this item. "EXECUTIVE SUMMARY City Council has met in Executive Session to conduct the performance appraisal of City Manager Steve Burkett. This Ordinance will establish the 1991 salary for the City Manager. Council needs to determine the dollar amount to be inserted in the Ordinance." Councilmember Winokur made a motion, seconded by Councilmember Horak, to postpone consideration of Ordinance No. 22, 1991 until February 19. The vote on Councilmember Winokur's motion was as follows: Yeas: Councilmembers Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey and Winokur. Nays: None. THE MOTION CARRIED. Other Business Resolution 91-25 Supporting House Bill 91-1144, "Concerning a Moratorium on the Burning of Harmful Substances in Cement Kilns". Adopted as Amended I The following is staff's memorandum on this item. 62 February 5, 1991 "EXECUTIVE SUMMARY Representative Redder has introduced House Bill 91-1144 and requested City Council support for this bill. House Bill 91-1144 would result in a moratorium on burning fuel in a cement kiln if such fuel was classified as a hazardous substance or hazardous or toxic waste as determined by either the Federal Environmental Protection Agency or the State of Colorado. This moratorium would stay in place until the State promulgates a standard for zero emissions of any hazardous substance or hazardous or toxic waste. The State would also have to make a finding that the technology exists to measure the emission level. Representative Redder has indicated that this legislation was introduced as a response to recent regulatory issues involving the burning of alternative fuels in cement kilns. The State of Colorado House Health, Environment, Welfare and Institutions ' Committee wi17 be hearing the bill on Wednesday, February 6, 1991 at 9:30 A.M." Councilmember Horak made a motion, seconded by Councilmember Azari, to adopt revised Resolution 91-25. He stated the revised resolution better defines the intent of the moratorium. City Clerk Wanda Krajicek read Resolution 91-25 for the record. Mayor Kirkpatrick stated if the Resolution was passed the Legislative Committee would have authorization to support the bill presented by Representative Redder. Councilmember Mabry made a motion, seconded by Councilmember Maxey, amending the Resolution deleting the 5th Whereas. Councilmember Mabry stated the purpose of the proposed amendment is to clarify that Council supports a moratorium but does not necessarily support this specific bill. The vote on Councilmember Mabry's motion was as follows: Yeas: Councilmembers Azari, Edwards, Kirkpatrick, Mabry, Maxey and Winokur. Nays: Councilmember Horak. THE MOTION CARRIED. Bob Fetch, Co-founder of the Larimer County Voters for Clean Air Foundation , residing at 3320 Rawhide Drive urged Council to support the Resolution and stated there needs to be more time to determine the effects of burning alternative fuels in cement kilns. 63 February 5, 1991 Tom Redder, Representative for House 46 in the State House of Representatives, urged Council to support House Bill 1144. The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey and Winokur. THE MOTION CARRIED. Councilmember Mabry made a motion, seconded by Councilmember Edwards, to introduce, Ordinance No. 23, 1991 Of The Council of the City of Fort Coo ins submitting a proposed charter amendment to a vote of the registered electors of the City of Fort Collins concerning the terms of office of the Mayor and Councilmembers." Councilmember Mabry stated he was responding to a number of comments within the community from citizens who indicated they would like to see a term limitation set for the Mayor and Councilmembers. He stated adoption of the proposed Charter Amendment would support the concept that the Board is a citizen "type" board. Councilmember Horak questioned the logistics of the Ordinance and stated he would not support it. Councilmember Edwards stated he supported the motion noting that term limitation is not an uncommon concept. He felt the voters should be given the opportunity to decide if limitations should be set. Councilmember Winokur spoke in opposition to the Ordinance, stating there was not sufficient time to evaluate all aspects of the proposed Charter Amendment. Mayor Kirkpatrick opposed the Ordinance stating she did not believe citizens were concerned about term limitations and added offering a solution to no visible problem it would in turn create a problem. The vote on Councilmember Mabry's motion was as follows: Yeas: Councilmembers Edwards, Mabry and Maxey. Nays: Councilmembers Azari, Horak, Kirkpatrick and Winokur. MOTION FAILED. Councilmember Maxey made a motion to introduce, Ordinance No. 24, 1991 Of The Council of the City of Fort Collins submitting a proposed charter amendment to a vote of the registered electors of the City of Fort Collins concerning the voting power of the Mayor." THE MOTION DIED DUE TO LACK OF A SECOND. 64 Adjourned The meeting adjourned at 11:15 p.m. ATTEST: February 5, 1991 lW9/i M �6L i IP V Mayor v 1 1 65