HomeMy WebLinkAboutMINUTES-02/19/1991-Regular' February.19, 1991
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council -Manager Form of Government
Proclamations and Presentations - 6:15 p.m.
a. "Municipal Attorney of the Year" award, was presented to City Attorney
Steve Roy by Marty McCullough, City Attorney of the City of Westminster
and President of the Metropolitan City Attorneys' Association.
Regular Meeting - 6:30 p.m.
A regular meeting of the Council of the City of Fort Collins was held on Tuesday,
February 19, 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, asked for a show of Council concern for
her problems and noted the appointment of the new Chief of Police.
IAgenda Review
City Manager Steve Burkett stated a written request had been received on Item
#8, Items Pertaining to the Burns Annexation and Zoning, requesting that it be
rescheduled for March 19.
Mr. Burkett noted an item requested by Councilmember Winokur has been added,
Resolution 91-35, relating to proceeds from the potential sale of SouthRidge Golf
Course.
CONSENT CALENDAR
This Calendar is intended to allow the City Council to spend its time and energy
on the important items on a lengthy agenda. Staff recommends approval of the
Consent Calendar. Anyone may request an item on this calendar to be "pulled"
off the Consent Calendar and considered separately. Agenda items pulled from
the Consent Calendar will be considered separately under Agenda Item #24, Pulled
Consent Items.
7.
' 8. Items Pertaining to the Burns Annexation and Zoning.
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Second Reading of Ordinance No. 80, 1990, Annexing Approximately 46 I
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.
Ordinances Submitting Proposed Charter Amendments to the Electors.
A.
Second 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.
Second Reading of Ordinance
No. 11, 1991, Submitting
a Proposed
Charter Amendment to a Vote
of the Registered Electors
Concerning
Appropriations Forbidden.
C.
Second 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.
Second 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. These Ordinances were unanimously adopted on First Reading
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on February 5. Ordinance No. 10, 1991 was amended on First Reading to
change the date for budget adoption to the last day of November. Two
additional pftposed amendments pertaining to nonfinancial matters are
presented separately.
10. Second Reading of Ordinance No. 14, 1991, Appropriating Prior Year
Reserves.
Funds were appropriated in 1990 for specific purposes, 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, which was unanimously adopted on First Reading on February 5,
reappropriates the 1990 funds for the same uses as were originally approved
by Council in 1990. 1990 year-end reserves appropriated by this ordinance
are identified by fund below:
General Fund $235,316
Golf Fund 5,165
Storm Drainage Fund 5,900
Water Fund 438,200
Wastewater Fund 164,500
Communications Fund 11700
11. Second 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
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 Ordinance, which was
unanimously adopted on First Reading on February 5, appropriates $58,432,
including $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. Awards made by the courts during 1991 will be
appropriated early in 1992.
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12.
13.
February 19, 1991 '
This Ordinance was unanimously adopted on First Reading on February 5.
The Center Greens development near the 8th, 9th, and loth 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.
On February 5, Council unanimously adopted Resolution 91-14. This
resolution authorized the Mayor to enter into an agreement for the City
to continue to provide Larimer County 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. This Ordinance,
which was unanimously adopted on First Reading on February 5, appropriates'
the outreach funds. General Service funds were projected and appropriated
with the 1991 budget.
14. Second Reading of Ordinance No. 18, 1991, Amending the Code Relating to
the Natural Resources Advisory Board.
This Ordinance, which was unanimously adopted on First Reading on February
5, 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.
15. Hearing and First Reading of Ordinance No. 24, 1991, Appropriating
Unanticipated Revenue in the Benefits Fund to Cover Medical Claims for
1991.
The Total Compensation plan adopted by Council in December 1990, calculated
medical benefits based on a composite rate of $285 per employee per month.
This rate is higher than the $245 amount budgeted for 1991. Funding for
this difference was budgeted as a part of the total of 4.5% set aside for ,
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' February 19, 1991
labor market adjustments. The difference between the original budget and
the final actual numbers is $480,000 city wide.
This ordinance appropriates this additional revenue which is being paid
into the Benefits Fund to cover Medical Claims for 1991.
16. Resolution 91-
USDA Annexation.
The property being considered for annexation has, for a period of not less
than three (3) years, been completely surrounded by property contained
within the boundaries of the City of Fort Collins. The property. being
considered for annexation is approximately 1.07 acres in size and is
located on the east side of Timberline Road, between Drake and Horsetooth
Roads. The property is currently used for agricultural research. There
are several large warehouse structures on the property.
The proposed Resolution determines that it is in the best interest of the
citizens of the City to annex the area and that the annexation complies
with the Municipal Annexation Act. The Resolution also determines that
a hearing should be established regarding the annexation, and directs that
' notice be given of the hearing. The hearing will be held at the time of
first reading of the annexation and zoning ordinances on April 16.
17. Resolution 91-27 Renewing Temporary Use Permits with the Northern Colorado
Water Conservancy District for 730 Units of CBT Water.
The resolution authorizes the City Manager to execute an application for
the renewal of Temporary Use Permits with the Northern Colorado Water
Conservancy District for the continued use by the City of seven hundred
thirty (730) acre-foot units of Colorado -Big Thompson (CBT) water. The
District requires that Temporary Use Permits be renewed each year. Since
transfers of water using permanent contracts take longer and are more
complicated, they are initially made using the Temporary Use Permits.
Every few years, all CBT water owned and used under a Temporary Use Permit
is converted to use under a permanent.contract.
18. Resolution,91-28 Authorizing the Mayor to Enter into an Intergovernmental
Agreement 'with Colorado State University for the Provision of Water
Testing.
The Resolution would authorize the Mayor to enter into a two year agreement
with Colorado State University to collect and'process potable water samples
on campus and to report the results to the City. The purpose of the
sampling is to be able to identify and correct any drinking water quality
' problems that may occur at CSU.
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19.
21.
This resolution authorizes the purchase
Underhill site from First National Bank
Basin Drainage Improvements. Monetary
consultation with an MAI member)
February 19, 1991
of 10.8 acres of property on the
in Loveland for Canal Importation
Consideration: $85,624 (based on
On October 25, 1990, the Finance Committee met with a representative from
Price Waterhouse, the City's audit firm, to discuss the scope of services
for the City's 1990 audit. This meeting was the culmination of a series
of meetings with the auditors during 1990 wherein the Finance Committee
expressed its desire to expand the scope of services for the audit to
include performance auditing procedures.
The procedures outlined in the Price Waterhouse letter have been reviewed
and approved by the Finance Committee for inclusion in the 1990 audit work
plan. The Resolution approves the modification of the Professional
Services Agreement to include those items delineated in the November 14,
1990, letter from Price Waterhouse.
This resolution expresses the City of Fort Collins' support for boundary
adjustments between the Poudre School District R-1 and the Thompson School
District R2-J.
At the present time, the boundaries between the two school districts do
not coincide with the Urban Growth Area boundaries for the City of Fort
Collins and the City of Loveland. The City of Fort Collins has annexed
properties which lie in the Thompson School District and the City of
Loveland has annexed properties which lie within the Poudre School
District. In an attempt to allow for orderly growth in the future and to
facilitate good planning and efficient use of public resources, Larimer
County, the Poudre School District, the Thompson School District, the City
of Loveland, and the City of Fort Collins have reviewed existing school
district and Urban Growth Area boundaries and agree that boundary changes
are mutually beneficial to the citizens of Larimer County.
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February 19, 1991
22. Resolution 91-32 Establishing Polling Places for Municipal Election
Precincts.
Any changes in polling places for municipal elections must be approved by
the City Council. The Resolution sets the polling places for the 74
precincts established for the April 2 regular city election. There will
be 67 polling locations, including the absentee polling place because eight
combined precincts will be used for this election. Arrangements will be
made for extra voting devices to handle the volume of voters at these
combined precinct locations. Most polling places are the same as those
used in previous city elections and the November General Election.
23. Routine Deeds and Easements.
a. Powerline easement from
underground existing
consideration: $10.
George J. Collins, 807 W. Oak, needed to
overhead electric services. Monetary
Ordinances on Second Reading were read by title by Wanda Krajicek, City Clerk
Item #9A.
Item #9B.
Item #9C.
Item #90.
Item #10
Item #11.
Item #12.
Item #13.
Second Reading of Ordinance No. 14, 1991, Appropriating Prior Year
Reserves.
Golf Course.
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February 19, 1991
Item #14.
An Ordinance on First Reading was read by title by Wanda Krajicek, City Clerk.
Item #15.
Councilmember Azari made a motion, seconded by Councilmember Edwards, 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.
Councilmember Reports
Regarding Item #21, Resolution 91-31 Expressing Support for the Proposed
Adjustment of the School District Boundaries and Encouraging the Development of
Adjustments to the Urban Growth Area Boundaries, Councilmember Maxey noted that
the residents of Redstone Canyon also have asked to be considered in the boundary
exchange.
Resolution 91-33 Recommending
Denial of a Waiver of the Public Street
Capacity Requirement, the Public Sewer
Capacity Requirement and the Requirement
for Contiguity to Existing Development
The following is staff's memorandum on this item.
"FINANCIAL IMPACT
A waiver to the public street capacity requirement would result in a waiver fee
of $4,460 (based on $5,575 per acre industrial land use UGA waiver fee applied
to .8 acre storage use).
EXECUTIVE SUMMARY
This waiver request pertains to the Don White Rezoning, which is a request to
rezone 10 acres from I -Industrial to FA -Farming and I-1 Heavy Industrial, for
automobile towing, repair and storage. The site is located on the west side of
Shields Street, north of Wi11ox Lane (1905 N. Shields Street) and presently
contains a single-family residence. The surrounding land uses consist of several
single-family residences, and the Wi11ox Wrecking Yard.
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February 19, 1991
In 1978, Larimer County approved a rezoning of this 10-acre site from FA -Farming,
to I -Industrial. A condition of the rezoning was that the site be used
specifically for the storage of recreational vehicles and that fire protection
and landscape buffering be addressed with a site plan. None of these conditions
were met and the property has never been used for storage of recreational
vehicles. The I -Industrial Zoning has remained on the property.
The present rezoning request is to rezone the majority of the ten acres (9.2
acres) back to FA -Farming and rezone .8 acres to I-1 Heavy Industrial for the
auto related use. The applicant proposes to store vehicles in a fenced outdoor
storage area.
In order for a property to be rezoned in the UGA, it must be shown that the
property will conform to the UGA Phasing Criteria. Of the four Urban Growth Area
Phasing Criteria required for this rezoning, this proposal only meets the
requirement for public water capacity. Waivers are being requested for the
requirements for public sewer capacity, public street capacity .and contiguity
to existing development.
Under the UGA Phasing Criteria for public street capacity,,the applicant would
be responsible for improving Shields Street from the site to Vine Drive,
' approximately one mile. The existing residence is on a septic system and public
sewer is available south of the Poudre River, or east of the Union Pacific
Railroad (112 - 314 mile from the site). Although there are existing residences
in the surrounding area, "existing development" is defined as development that
has occurred through approved subdivisions.
The intent of the waiver process is to avoid the imposition of unnecessary
impediments to infill development proposals or sites. Infill development sites
are those in essentially developed portions of the Urban Growth Area whose impact
on existing services and facilities is relatively minimal. Infill sites are
differentiated, in the Larimer County Supplemental Regulations, from sites that
require the extension or upgrading of basic infrastructure and other services
and facilities, so that the development or use of the site can proceed (which,
in the County's Regulations are referred to as "Sequential Development
Proposals").
The Larimer County Commissioners may waive phasing criteria provided that:
1. The waiver will not result in unplanned public expense for provision of
public services, improvements, or facilities;
2. The waiver is consistent with the intent, and purpose of the County and
adjoining municipality's Comprehensive Plans or Policies;
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February 19, 1991 '
3. The waiver application contains material indicating approval may be granted
without substantial detriment to the intent and purposes of the
Supplementary Regulations which apply to the area;
4. The waiver application contains material indicating there are exceptional
circumstances which apply to the specific piece of property which do not
apply generally to the remaining property in the Urban Growth Area; and
5. The waiver application contains material indicating approval would not
impair the public health and safety by creating undesirable traffic
conditions, unhealthy sanitary conditions or adverse environmental
influences in the area.
While the impact from the proposed rezoning is relatively minimal, this site is
not in -fill development but rather a sequential development. The basic
infrastructure needed to serve the site is not in place. As development
continues to occur in this area without the infrastructure, the cost to upgrade
and extend services into this area will have to be borne by the applicants of
development proposals or eventually, by the public. There are no exceptional
circumstances that are unique to this site, to warrant the waiver requests. The
granting of this waiver would be detrimental to the intent and purpose of the
Supplemental Regulations because it would tend to encourage development which
is not "infill" development. '
RECOMMENDATION:
The proposed Don White Rezoning is not an infill site and there are no
exceptional circumstances unique to this site. Therefore, staff recommends
defeat of the resolution.
URBAN GROWTH AREA REVIEW BOARD:
The waiver request will be considered by the Urban Growth Area Review Board at
its February 27, 1990 meeting."
Chief Planner Ken Waido stated he had received a letter from the applicant
withdrawing their rezoning request.
Dennis Griffith reported that he was not certain what past criteria applied to
the property and the uncertainty made it difficult to determine which direction
to proceed. He stated he would contact the County to determine what would be
required for the rezoning.
City Attorney Steve Roy recommended tabling the item indefinitely.
Councilmember Edwards made a motion, seconded by Councilmember Azari, to postpone ,
consideration of Resolution 91-33 indefinitely.
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February 19, 1991
The vote on Councilmember Edwards' 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. Second Reading of Ordinance No. 20, 1991, Submitting a Proposed
Charter Amendment to the Voters of the Registered Electors Concerning
Qualifications of Councilmembers.
B. Second 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. Ordinance
No. 20, 1991 was adopted as amended on First Reading on February 5 by a
vote of 5-1. Ordinance No. 21, 1991 was adopted 6-1 on First Reading on
February 5."
Councilmember Horak made a motion, seconded by Councilmember Winokur, to adopt
Ordinance No. 20, 1991 on Second Reading.
Bruce Lockhart, 2500 E. Harmony Road, stated the language in the ordinance should
be revised to read that any authority under the control of the City, such as
the Platte River Power Authority, not be allowed to employ a member of City
Council.
The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Horak, Kirkpatrick, Maxey and Winokur. Nays: Councilmember
Mabry.
THE MOTION CARRIED.
Councilmember Horak made a motion, seconded by Councilmember Azari, to adopt
Ordinance No. 21, 1991 on Second Reading.
The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers
' Azari, Edwards, Horak, Mabry, Maxey and Winokur. Nays: Mayor Kirkpatrick
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February 19, 1991 ,
THE MOTION CARRIED.
Ordinance No. 26, 1991, Authorizing the
Sale of SouthRidge Golf Course to Accent
Resources, Inc., Adopted on First Reading
The following is staff's memorandum on this item.
"FINANCIAL IMPACT
The sale of SouthRidge Golf Course for $3,200,000 is sufficient to eliminate the
remaining debt payments owed on the construction of the course, as refinanced
in a 1986 Bond Issue. If all payments were made by the City between 1991 to
2002, the total amount paid during that time would be $4,595,495 or an average
of $383,000 per year. The sale of the course would stop the negative cash flow
from the City's Sales and Use Tax Fund, estimated to average $252,958 from 1991
to 2002. Sales and Use Tax contributions total $3,035,496 over the 1991-2002
period, assuming annual net operating revenues of $130,000 per year. If the
$130,000 figure is not reached, the negative cash flow will be higher. In 1991,
the total debt payment is budgeted at $429,252 with $242,220 of that amount being
paid as a subsidy from the Sales and Use Tax Fund, and the balance of $187,032
paid from the SouthRidge Fund. '
"EXECUTIVE SUMMARY
One of the City Council's primary financial goals is to reduce the City's level
of debt and minimize its financial liabilities.
The City carries and will continue to carry a sizable construction debt on
SouthRidge Golf Course, a large portion of which is paid by taxpayers through
annual transfers from the Sales .and Use Tax Fund. At a worksession on July 10,
1990, Council and staff discussed three options to reduce or eliminate the
taxpayer subsidy and the City's debt burden with respect to SouthRidge. These
options were as follows: 1. shifting the cost of the debt burden from general
taxpayers to the Golf Fund and the golfing community; 2. the City assuming full
ownership and operation of all aspects of SouthRidge in an entrepreneurial
approach, where the City would own and operate the pro shop, merchandise,
lessons, driving range, and the bar and restaurant; and 3. explore the sale of
SouthRidge. After review of the three options, Council recommended that the sale
of SouthRidge be explored to reduce or eliminate the debt.
During November and December of 1990, the City solicited sealed bids which were
opened on December 7 for the sale of SouthRidge Golf Course. Two cash bids were
received at that time; however, all bids/proposals were rejected for not meeting
the exact specifications of the bid. In an effort to determine the feasibility
of a sale of SouthRidge, staff began negotiations with the two cash bidders and
publicly announced to any other parties potentially interested in purchasing '
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February 19, 1991
SouthRidge, that the City would receive new proposals through 12:00 noon on
February 7. By that deadline, a total of three proposals were submitted to the
City and have been evaluated by staff.
In the opinion of staff, the best offer is the outright cash sale to Accent
Resources, Inc. for $3,200,000. This is the most financially sound of the offers
and best meets Council's goal of debt reduction.
Following the July 10 worksession, staff from the Purchasing Division and Parks
and Recreation, with assistance from the City Attorney's office, Right -of -Way
office, Water Department, and the Finance Department, developed a bid package
to sell SouthRidge. Bid brochures were mailed locally to all Fort Collins area
commercial realtors and interested parties, and mailed nationally to nearly 300
individuals, businesses, and corporations identified by the National Golf
Foundation. Advertising was placed into both local newspapers and into national
golf magazines. The bid package was mailed or delivered to over 50 potential
bidders. On December 7, staff opened the SouthRidge sale bids. The City
received four sealed bid packages as follows:
1. Robert E. Ehrlich of Windsor, Colorado, owner of the Mad Russian Golf
Course, bid 13,000,000 to buy SouthRidge; however Mr. Ehrlich asked for
a lease/purchase option to lease the course for up to two years at $100,000
per year, before exercising the option to buy (or not buy) SouthRidge.
2. Accent Resources, Inc., of Fort Collins, Kent L. Goodman, President, bid
$2,800,000 to buy SouthRidge; however, Mr. Goodman asked the City to lease
water for up to four years, as well as other "exceptions" to the bid
specifications.
3. Kurt Hoeven of Fort Collins submitted a "No Bid" with a proposal to have
CSU and High School students manage SouthRidge as a learning center.
4. First Golf Corporation of Denver submitted a "No Bid" with a proposal to
provide us with a management agreement if the City didn't sell the course.
Since none of the bids met City specifications, all bids were rejected and the
two $50,000 bid security deposits were returned to Ehrlich and Accent which
brought closure to that specific sale bid.
The sealed bids submitted in good faith by Robert Ehrlich and Accent Resources
provided a good place to start negotiations. Both bidders sent letters informing
the City that they would be willing to negotiate. Since the City had satisfied
the public competition element with the bid, negotiations seemed to be an
acceptable alternative. Therefore, in January, the City publicly announced that
new proposals would be accepted for the sale of SouthRidge; but that such
proposals must be better than the two cash bids received on December 7. All
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February 19, 1991
proposals were to be received no later than 12:00 noon on Thursday, February 7,
at the Office of the Director of Purchasing and Risk Management. Fax copies were
acceptable.
Under this negotiated proposal process, the original written specifications for
the Sale of SouthRidge, Bid #4319, were still in effect but open to negotiation.
For example, the City could consider offers that included the City's personal
property that is used in connection with the operation and maintenance of the
course as well as offers that proposed leasing water from the City for use on
the course. However, it was stated that the City was not interested in
'financing' this sale.
On February 7, the City received three (3) proposals from parties interested in
purchasing SouthRidge. The three proposals were as follows:
1. Accent Resources, Inc. of Fort Collins, Kent L. Goodman, President -- The
new offer is $3,200,000 in cash for the purchase of SouthRidge, which
includes all operating equipment, machinery, and vehicles currently owned
by the City and used at SouthRidge, and includes the City providing leased
water for up to two years until Accent acquires its own source of water.
There are also several other minor provisions.
2. All Pro Investments of Fort Collins, Bill Zech -- The offer to
lease/purchase SouthRidge for $150,000 per year for a maximum of up to
three years, with a $4,000,000 purchase payment option within the three
years. The City equipment is included in the price. In addition, A17 Pro
provides several miscellaneous inclusions such as a guarantee that green
fees will not be higher than Collindale Golf Course, and it will provide
"cut rate fees" to High School Golf Teams, etc.
3. Robert E. Ehrlich of Windsor, Colorado -- Ehrlich has changed his original
$3,000,000 lease/purchase (with $100,000 per year for a lease up to two
years) offer to a lease only offer of $150,000 per year up to three years
maximum. Ehrlich also provides several miscellaneous inclusions such as
green fees no higher than Collindale, guarantee of access to the Mad
Russian Golf Course to any Fort Collins residents at Collindale fees, and
a "cut rate" plan for High School Golf Teams fees. The lease also includes
the City equipment.
Of the five total offers the City has received, including the two original "bids"
of $2,800,000 from Accent and the Ehrlich $3,000,000 (ease/purchase offer, the
new Accent offer of $3,200,000 is the best offer for Council's consideration.
While it does appear that the $4,000,000 lease/purchase offer will provide the
City with more cash, the risk of a lease/purchase precludes it from being as
viable.
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February 19, 1991
Pros and Cons of a Sale
There is a demand for SouthRidge as a public facility. In spite of the addition
of this course to the City's public inventory, the demand for golf services
continues to grow. The need for an additional public golf course is foreseen
in the mid -to- late 1990's to meet the growing demand. Although the
circumstances which surrounded SouthRidge's development and acquisition may be
the focus of criticism, the end result is that the public has an asset, that
asset is in demand, and the price (while more than originally bargained for) is
generally a fair one for the asset received.
The arguments and issues supporting the sale of SouthRidge Golf Course are as
follows:
A. Elimination of Debt -- Elimination of the construction debt currently at
$3,100,000. This eliminates the need for taxpayer dollars to help cover
a large portion of that amount. This also brings closure to a politically
controversial issue.
B. Safety and Liability Concerns -- SouthRidge is totally surrounded by a
housing development. This presents the potential for liability from errant
golf balls that strike houses, vehicles, and people next to the course.
C. Security Risk -- The security of access to the course is virtually beyond
control. Homeowners and non-residents can and do enter the course grounds
from several locations and play golf without paying the green fees.
D. Design Problems -- The course was designed to complement and enhance the
adjacent development. As housing development occurs, new problems such
as drainage issues will continue to surface. In addition, other issues
such as erosion on Fossil Creek and encroachment by adjacent homeowners
may continue to be issues and contribute to future costs.
E. Tax Revenue -- As a private course, the new owners would pay taxes to the
City and other governmental entities.
F. Poor Public Relations -- SouthRidge and the City's ownership and relationship
with Bucain Corporation has been confusing for the public and has created public
perception problems. The project was originally billed as a "free" golf course.
In the end, it is now perceived as a financial burden to some people and has come
to be a symbol for a past mistake.
G. Consistent Financial Policy -- Sale of the course would be consistent with
policy supporting privatization and contracting.
The arguments and issues in opposition to the sale of SouthRidge Golf Course are
' as follows:
80
February 19, 1991
A. Demand -- Golf play in the United States, Colorado and specifically Fort
Collins has been increasing, and all projections for the future show continued
growth. Play at the City's other municipal courses as well as SouthRidge has
been growing. Golfers are starting to pressure staff and the Golf Board to
consider the construction of another public golf course in the 1990's. Potential
changes in the course made by a private owner may place additional pressure on
the City for a new municipal course.
B. Public Access and Fees -- The course is currently totally accessible to the
general public under fair rules for access. The user fees may be significantly
increased without public input or oversight if the course is not under City
control.
C. Water Rights -- The City currently provides all water to the course without
cost. If sold, the new owner will have to pay a substantial amount for its own
source of water which may result in increased cost to golfers.
D. Future Course Development -- Selling the course may send a message that the
City is not interested in continuing in the golf course business and that the
City will not address the need for future course development. The Golf Board
believes that the City wi17 need another public course by the mid -to -late 1990's.
As a point of information, the City of Greeley is now spending $3,700,000 and
the City of Loveland has budgeted $3,750,000 for a new 18-hole golf courses.
These courses are similar to Collindale and SouthRidge.
Financial Analysis of Offers
Finance Department staff has reviewed each of the three SouthRidge proposals
received by Purchasing. Because the lease offer from Ehrlich is less than the
cash offer from Accent, it was not considered as a viable option and detailed
financial analysis was not completed.
The proposals from the other two bidders were reviewed from two perspectives.
Staff conducted an internal rate of return analysis and also conducted a cash
flow analysis to determine how much money would remain when the debt attributed
to SouthRidge is to be completely paid off in 2002.
1. Accent Proposal -- The Internal Rate of Return (IRR) for the period 1983 to
2002 under the $3,200,000 cash option is 1.1%. If the IRR calculation is limited
from now until 2002, the figure increases to 7.4%.
The cash flow analysis assumed that the funds received would be placed in
escrow and monies would be deducted as bond payments became due. The
balance after the SouthRidge debt is retired is estimated to be $158,000.
2. All Pro Proposal -- Internal Rate of Return analysis of the All Pro lease
with an option to purchase proposal yields a higher rate of return. Assuming '
81
' February 19, 1991
the longest length of lease, three years, the IRR for the period 1983 to 2002
is 2.OY and for 1991 to 2002, it is 9.9%. If the period of the lease is
shortened, the corresponding rates of return increase slightly.
The cash flow analysis shows that if the lease option was exercised for
three years followed by the cash purchase at $4,000,000, the balance after
the retirement of the debt would be about $890,000. If the lease period
is shortened, the cash remaining increases.
Under the lease with option to purchase proposal, the City would have to assume
the risk for the period of the lease, the risk being whether Al Pro should be
able to finalize the purchase with the $4,000,000 cash. Without additional
information about the financial strength of Al Pro, it is not possible to assess
the degree of risk.
Null Alternative
If Council chooses not to sell the SouthRidge Golf Course, staff will operate
SouthRidge as a part of the Golf Division consistent with the operation of City
Park Nine and Collindale Golf Courses. All maintenance staff will be City
employees, and the Pro Shop operations and Snack Bar/Restaurant concessions will
be contractual. Existing agreements are in place for 1991, and the Pro Shop and
' Snack Bar/Restaurant services will be bid. A11 1991 Expenditures and Revenues
were adopted as a part of the 1991 Budget.
In addition to the City fully operating, maintaining and managing SouthRidge,
staff and the Golf Board will revisit some of the earlier options regarding the
financial operations of the Golf Fund and SouthRidge. At the July worksession,
some Council members suggested that the "Community Value of Golf" be investigated
to help determine a logical amount of general taxpayer support towards all City
golf courses. This would be similar to the Recreation Fee Policy adopted by
Council. It was also suggested that the golf fee structure be revised to
potentially add an "out-of-town" fee or place some restrictions on the use of
annual passes. Such a report on the Community Value of Golf will be available
by the end of May.
Golf Board Recommendation
The Golf Board re -scheduled its February meeting from the 20th to the 13th so
members could review and discuss the sale of SouthRidge. A recommendation from
the Board to Council will be made by separate memorandum prior to the February
19 Council meeting.
Historical Background of SouthRidge
The following historical discussion of SouthRidge is presented as background in
considering this debt issue.
82
February 19, 1991
.1
In 1982, the City entered into a series of agreements with the Bucain Corporation
(also sometimes known as the SouthRidge Greens Corporation, as well as Cliff
Buckley and Bernie Cain as individuals) which included the acquisition,
development, leasing, guarantees, financing, and the operation and maintenance
of SouthRidge Golf Course. At that time, the City paid approximately $2,800,000
(from $3,300,000 in Bond Anticipation Notes) for the complete construction and
outfitting of the course with all the necessary equipment. This regulation size
18-ho7e public golf course facility was developed for the City by Bucain on 130
acres of land donated to the City in basic exchange for the City's construction
financing. The course opened for play in July 1984, and has been contractually
leased for its total management, operation, and maintenance to Bucain since that
time. An average of 44,000 green fee paying golfers per year have played
SouthRidge since it opened. The Bucain Corporation was the developer of the
adjacent 73-acre residential/commercial tract.
The original intent was that revenues generated at the Golf Course would cover
all course related expenses, and that the construction debt would be paid off
by 1988 with a portion of the proceeds from the sale of all the residential units
which surrounded the course. The City was to essentially receive a "free" golf
course. However, the housing market in Fort Collins and specifically at
SouthRidge did not materialize as envisioned, and the debt payments were not met
as originally conceived. The original SouthRidge construction debt was then
refinanced as a part of a 1986 Bond Issue lasting through the Year 2002. All '
of the agreements with Bucain have been terminated, including the course
management agreement which expired on January 17, 1991, on its own terms. The
City took over full management, operations, and maintenance at SouthRidge
utilizing a contractual golf professional, a contractual snack bar/restaurant
concessionaire, and City employees performing all maintenance functions, similar
to how the City operates Collindale and City Park Nine Golf Course.
Since 1988, the operating revenues from SouthRidge have generated at least
$100,000 annually over -and -above all operation and maintenance costs and have
helped to reduce the construction debt. At that time, City Council implemented
a SouthRidge Surcharge of an additional $1.50 on 9-hole green fees and an
additional $2.50 on 18-hole green fees to raise the extra revenues. However,
the City has continued to provide an annual subsidy or transfer from the Sales
and Use Tax Fund to cover debt payments. Debt payments average between $230,000
to $265,000 per year (depending upon course revenues and expenditures) and are
projected through the year 2002.
As of December 31, 1990, the remaining debt service on SouthRidge was slightly
under $3,100,000. From 1983 to 1990, the City has paid approximately $2,900,000
in SouthRidge debt service with $1,900,000 from the Sales and Use Tax Fund."
Director of Cultural, Library and Recreation Services Mike Powers gave a brief
presentation on this item and spoke of debt reduction and the bidding process.
He recommended Council adopt Option 3.
83 1
February 19, 1991
City Manager Steve Burkett commented on the City's financial condition and
financial policies and recommended adoption of Option 3.
Councilmember Azari made a motion, seconded by Councilmember Edwards, to adopt
Ordinance No. 26, 1991 on First Reading.
Assistant to the Director of Cultural,. Library and Recreation Services Jerry
Brown, stated if SouthRidge was incorporated into the City's golf system it
would result in a rate increase of 60% for annual passes and an estimated 33%
in green fees. He reported on the need for and cost of improvements if the
property were retained.
Councilmember Horak requested a definition of the term "public golf course"
Mr. Brown defined the phrase "public golf course" noting a membership is not
required to use the course.
Assistant City Attorney John Duval explained the term "exclusively" stating the
course could only be operated as a public golf course.
Bob Ehrlich, 1200 Carousel Drive, Windsor, Colorado, spoke of golf course
statistics regarding green fees and the cost associated with running a golf
course and stated he believed it would be in the best interest of the City to
retain SouthRidge.
Roger Sample, President. of the Golf Board, reported the Golf Board voted
unanimously against the staff recommendation to sell SouthRidge adding if the
demand for golf services increase in the future the replacement cost would be
greater than the sale price.
Chuck Patton, 1229 Teakwood Drive, asked Council not to postpone the issue but
to make a final decision.
Craig Carlisle, 918 Boltz Court, stated he believed it would not be in the best
interest of the City to sell an asset that was more valuable than it was being
sold for and urged Council to retain SouthRidge.
Randy Swetzig, 5424 Fairway Six Drive, recommended the City take over the
operation of the course, adding he would like to see a commitment by the City
to improve and maintain SouthRidge.
Bruce Lockhart, 2500 E. Harmony Road, encouraged the sale of SouthRidge to
protect the credibility of the City. He stated the sale of the property would
be the most expeditious way to increase the City's tax base.
Steve Jouard, Golf Board member, opposed the staff recommend atiori'and questioned
whether the sale was warranted and if the proposal should be accepted.
84
February 19, 1991
Kent Husenfelt, SouthRidge Golf Director, urged Council to adopt Option 3.
Bill Neal, representing Accent Resources introduced the representatives for
Accent Resources and briefly outlined what their intentions were upon the
purchase of SouthRidge.
Kent Goodman, representing Accent Resources, gave a brief explanation of Accent's
philosophies and spoke of course reconfiguration possibilities as well as the
addition of 9 holes.
Councilmember Azari stated she believed it would be in the City's best interest
to turn the management of SouthRidge over to a private manager and stated she
supported the ordinance.
Councilmember Winokur supported the ordinance and spoke of his concerns regarding
rate increases and the current debt load of SouthRidge. He stated that if the
need for an additional course should arise, the issue should be put to a public
discussion and vote.
Councilmember Edwards supported the ordinance and stated the sale would benefit
everyone interested.
Councilmember Horak opposed the sale of Southridge and disagreed with the value
received versus the replacement value. He stated the City has never operated
SouthRidge and felt there needed to be more Council discussion on the issue.
Councilmember Mabry supported the ordinance and commended staff for their
efforts. He requested additional information regarding the proceeds before the
next Council meeting.
Mayor Kirkpatrick stated she supported the ordinance and was pleased in the
manner which it was addressed.
The vote on Councilmember Azari's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Kirkpatrick, Mabry, Maxey and Winokur. Nays: Councilmember
Horak.
I" 251101 [f 611ikWRITN i11111
Councilmember Winokur made a motion, seconded ,by Councilmember Horak, to adopt
Resolution 91-35 directing the use of'the proceeds from the sale of SouthRidge
Golf Course for the purpose of retiring the corresponding amount of sales and
use tax refunding and improvement bonds.
City Manager Steve Burkett briefly outlined this item.
IR
I
February 19, 1991
Councilmember Winokur made a motion to postpone consideration of Resolution 91-
35 until the March 5th meeting to be the first item relating to the sale of
SouthRidge.
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.
Ordinance No. 25, 1991,
Amending Section 5-110 of the Code Pertaining
to Solid Fuel Burning Appliances. Adopted on First Reading
The following is staff's memorandum on this item.
"EXECUTIVE SUMMARY
If adopted, the ordinance would require that any new or remodeled fireplace must
be a gas appliance, an electric device, or a certified wood stove insert. The
ordinance also includes non -substantive changes that simplify Section 5-110 and
make it internally consistent.
' The intent of the ordinance is to reduce future degradation of air quality by
capping the amount of wood smoke from fireplaces at the current level. It does
not ban all fireplaces, rather it requires that new fireplaces use clean -burning
alternative fuels or be equipped with low -pollution technology. This requirement
is parallel to the current requirement for new wood stoves, which can be
installed only if they are equipped with )ow -pollution technology.
This ordinance does not affect wood smoke from existing fireplaces and stoves,
rather it seeks only to prevent the amount of smoke from increasing. Smoke from
existing units will be addressed in future proposals.
BACKGROUND:
I. HISTORY OF THE FIREPLACE ORDINANCE. The presence of wood smoke in Fort
Collins neighborhoods has been identified as a key air pollution issue facing
the City. Wood smoke contains carbon monoxide, toxic compounds, and fine
particles that can reach deep into the lungs. Wood smoke also contributes to
the "brown cloud" sometimes seen over Fort Collins. About half the smoke comes
from stoves, the other half from fireplaces.
Staff prepared an issue paper in June 1987 recommending a three part program to
reduce wood smoke in City neighborhoods: (1) public education, (2) technology
improvements, and (3) regulation. A package of five Code amendments to implement
' the regulatory part of the program was considered by Council in November 1987
86
February.19, 1991
Ll
and all but the one on natural gas fireplaces were adopted. The fireplace
ordinance is being advanced for reconsideration at Council's request.
Council members may recall that the original 1987 ordinance called for natural
gas piping to be installed within three feet of any fireplace in new
construction, thus creating a convenient option for later conversion. On
reconsideration city staff no longer recommends this approach, because potential
negative safety consequences outweigh its potential air quality benefits. The
current proposal is acceptable from the safety standpoint, because it provides
for installation of fully operational fireplaces and each one is inspected during
home construction.
The fireplace ordinance constitutes only one tool in the overall wood smoke
program that Council reviewed in 1987. To place this tool in context, the full
program is recapped below.
WOOD SMOKE PROGRAM
EDUCATION
• Educate the public about clean burning techniques. (Implemented)
Voluntary stove/fireplace restrictions on high pollution days, with
exemption for Colorado certified stoves and natural gas fireplaces.
(Implemented)
TECHNOLOGY '
• Begin monitoring wood smoke -- the fine particles that cause the greatest
health effects and visibility reduction. (Implemented)
• Encourage stove/fireplace conversion to low -pollution technology through
zero -interest loans. (Implemented)
REGULATION
• Limit building permits for stove installation to Colorado certified units.
(Implemented)
• Restrict new fireplaces to natural gas units (This proposal)
Restrict visible smoke from residential chimneys to 40Y opacity.
(Implemented)
• Ban residential coal burning, with exception for existing units.
(Implemented)
Restrict open burning permits High Pollution Days. (Implemented by Larimer
County Health Department)
II. DISCUSSION. If this ordinance is not adopted, there will be further
degradation of air quality to the extent new wood burning fireplaces are
installed. Noting that new wood stoves are required to meet a low -pollution
standard, not adopting this ordinance would continue an inconsistency in the
treatment of these two smoke sources. Finally, without adoption the work of
improving the city's air quality would be prolonged, because the contribution
of fireplaces to pollution levels would continue to grow.
87 1
' February 19, 1991
If this ordinance is adopted, the cost of some fireplaces would increase
depending on the equipment installed. For example, it costs on the order of $500
to equip a conventional fireplace with a "gas log" set. Wood stove inserts cost
in the range of $1,000 to $2,000. Electric appliances and gas appliances that
need only a "Class B" flue avoid the cost of chimney construction and may
actually reduce the cost of the fireplace. In some cases higher installation
cost is offset by lower operating cost. For example, gas fireplaces cost less
to operate than wood, and gas or electric fireplaces reduce housekeeping and
chimney cleaning needs compared to wood (if the chimney sweep is paid $50 per
annual cleaning, a gas fireplace pays for itself in 10 years).
III. PUBLIC INPUT. Following is a summary of comments received.
1. The AIR QUALITY TASK FORCE recommended adoption of an ordinance along these
lines in November 1990. They will review the text of the proposed ordinance at
their February 13 meeting and will likely communicate a further recommendation
to Council at that time.
2. The BUILDING REVIEW BOARD discussed the proposed ordinance on January 31,
1991. No formal recommendation was made, but two of the six members present
stated they were opposed to the ordinance as drafted. Three issues were raised.
' (1) The City is over -coded. Non -code approaches should be exhausted first.
(2) The ordinance does not go far enough, since it does not reduce smoke from
existing units. Some members stated support for a wood burning ban on high
pollution days and/or an incentive program to accelerate the turnover of stoves
and fireplaces to lower -polluting units. (3) The ordinance will have little
effect, because home builders are getting fewer requests for wood fireplaces
anyway.
In response to the third issue, staff is contacting builders to verify the trend
in fireplace construction. Their responses are varied -- most homes are built
with fireplaces, and gas appliances are being installed in some of these
fireplaces, ranging from 15Z to 100% depending on the builder. Staff will
provide more complete information at the Council meeting.
3. The NATURAL RESOURCES ADVISORY BOARD reviewed the matter on February 6 and
voted unanimously to recommend adoption by City Council.
4. Senate Bill 115 contains language identical to the proposed ordinance,
which would apply only to Denver Metro Counties. The HEWI Committee (Health,
Education, Welfare, and Institutions) reported the bill favorably on February
6 after hearing supporting testimony from, among others, the COLORADO HOME
BUILDERS ASSOCIATION and the WOOD HEATING ALLIANCE (the W.H.A. represents
retailers and manufacturers of stoves and fireplaces nationally).'
EM
February 19, 1991
IV. STAFF RECOMMENDATION. Staff recommends adoption. The ordinance would
reduce future degradation of air quality by requiring use of alternative
technology. No life-style change is required. Added costs are incidental during
construction. Staff is not persuaded by the argument that increased installation
costs are unreasonable. A fireplace is a luxury. Its use is recreational and
aesthetic, not for heating. Low -emission alternative technologies are available.
Installation cost is offset by lower operating costs. Reducing the impact of
smoke from new fireplaces is justified by the air quality problems facing our
community."
Councilmember Horak made a motion, seconded by Councilmember Winokur, to adopt
Ordinance No. 25, 1991 on First Reading.
Air Quality and Hazardous Materials/Waste Coordinator Brian Woodruff gave a brief
outline of the ordinance and spoke of comments received from local builders.
He clarified for Council the definition of solid fuel burning devices.
Bill Eckert, Air Quality Control Task Force member urged Council to vote in favor
of the ordinance and stated the Air Quality Control Task Force unanimously
supported the ordinance.
Councilmember
Horak commented on the need for a feedback
mechanism which would
keep citizens
time.
informed and up-to-date regarding the air
quality at any given
'
Councilmember
Winokur stated he was concerned with the financial status of the
ZILCH Project
and requested the City Manager to research
the project and come
back to Council
with recommendations regarding what the
City can do to assist
with the continuing
function of the program.
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.
Resolution 91-34 Making Appointments
to the Community Development Block
Grant Commission, Adopted
The following is staff's memorandum on this item.
EXECUTIVE SUMMARY
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's Community Development Block
99
I
February 19, 1991
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
Councilmembers Kirkpatrick and Maxey conducted interviews. At its February 5,
1991 meeting, Council appointed 8 of the 13 positions on the Commission.
Councilmembers Kirkpatrick and Maxey are now prepared to make recommendations
for the remaining 5 positions and will announce those recommendations at this
meeting."
Mayor Kirkpatrick made a motion, seconded by Councilmember Maxey, to adopt
Resolution 91-34 with the following names and dates inserted:
Carolyn Early
July
1,
1992
William Bertchy
July
1,
1992
Joseph Zimlich
July
1,
1993
Mary Clark
July
1,
1993
Tom Byington
July
1,
1993
The vote on Mayor Kirkpatrick's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey and Winokur. Nays: None.
THE MOTION CARRIED.
Ordinance No. 22, 1991,
Fixing the Salary of the
City Manager. Adopted on First Reading
The 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, which was postponed on First
Reading on February 5, will establish the 1991 salary for the City Manager.
Council needs to determine the dollar amount to be inserted in the Ordinance."
Councilmember Edwards made a motion, seconded by Councilmember Mabry, to adopt
Ordinance No. 22, 1991 inserting the amount of $80,200.
The vote on Councilmember Edwards' motion'was as follows: Yeas: Councilmembers
Azari, Edwards, Kirkpatrick, Mabry, Maxey and Winokur. Nays: Councilmember
Horak.
THE MOTION CARRIED.
1 90
February 19, 1991
1
Other Business
Councilmember Horak made a motion, seconded by Councilmember Maxey, directing
staff to prepare an agenda item with two options for dealing with the
proliferation of non-native trees in Fort Collins: 1) a research program, or 2)
process including an outreach program to nurseries and affected parties before
an ordinance would be considered.
Councilmember Horak emphasized the importance of addressing the problem of non-
native trees before they take over open space areas, stating the take over would
eventually change the tree composition in those areas.
City Manager Steve Burkett clarified Councilmember Horak's intent was to more
clearly define the problem and the process to ensure the right problem has been
identified and to examine different solutions.
The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers
Edwards, Horak, Kirkpatrick, Mabry, Maxey and Winokur. Nays: Councilmember
Azari.
THE MOTION CARRIED.
Councilmember Winokur made a motion, seconded by Councilmember Horak, to co-
sponsor the Poudre R-1 VIP's celebration and provide in -kind services at no I
charge to Poudre R-1.
Assistant to the City Manager Julia Novak clarified the City could contract out
the in -kind services and stated the expense would be absorbed by the City.
Councilmember Edwards opposed the motion stating the Charter prohibits in -kind
donations and expressed his concerns regarding co -sponsoring such a function.
Mayor Kirkpatrick spoke in opposition to the motion.
Councilmember Azari stated she supported the fundraising effort as a private
citizen, however, -she did not believe it should be an obligation of the City.
The vote on Councilmember Winokur's motion was as follows: Yeas: Councilmembers
Horak and Winokur. Nays: Councilmembers Azari, Edwards, Kirkpatrick, Mabry and
Maxey.
THE MOTION FAILED.
91
1
Adjournment
The meeting adjourned at 10:15 p.m.
ATTEST:
92
Mayor
February 19, 1991