HomeMy WebLinkAboutMINUTES-04/17/1990-RegularApril 17, 1990
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council -Manager Form of Government
Regular Meeting - 6:30 p.m.
A regular meeting of the Council of the City of Fort Collins was held on
Tuesday, April 17, 1990, 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
A. Proclamation Naming April 22 as Earth Day was accepted by Len Loomans,. .
Chairman, Fort Collins Earth Day Coalition and Shelly Gradwell,
Colorado State University Earth Day Coordinator.
B. Proclamation Naming April 22-28 as Professional Secretaries Week was
accepted by Ann Baker, Treasurer, Mountain View Chapter of Professional
Secretaries International.
C. Proclamation Naming April 27 as I.A.P.E.S. Day was accepted by Don
Schofield, President, Colorado Chapter of I.A.P.E.S.
Q
rrocldmaLlon naming Hprll C/ as rouare K-1 Jcn001yoiunLeer uay was
accepted by Tara Zeleny, Volunteer Coordinator, Poudre R-1.
E. Proclamation Naming May as Governance Dialogue Month was accepted by
Councilmember Loren Maxey.
F. Presentation of Trivia Booklet for Fort Collins Original Water Works
Building by the Historical Society was presented by Joan Day, President
Fort Collins Historical Society.
G. Presentation of Life Saving Award to Police Officer Ron Richardson was
presented by Police. Chief Bruce Glasscock and Patty Estes, Red Cross
Director to Fort Collins Police Officer Ron Richardson and Colorado
State Patrol Trooper Douglas Shelton. Ms. Estes introduced Jack
Peverly, Chairman, Larimer County Board American Red Cross and Mary
Hall, Volunteer Chairman, Larimer County Board American Red Cross to
assist with the merit award presentation.
H. Presentation of Plagues to Poudre River NRA Legislative and Management
Task Force was presented by Kari VanMeter. She introduced Dr. Howard
Alden, Ken Ashley, and Henry Caulfield as the Task Force members.
April 17, 1990
Kyle Taylor, Director Legislative Affairs ASCSU, stated that Governor Romer
will be at CSU on Friday, April 20 from 5:00 p.m. to 5:45 p.m. and noted
that Governor Romer will speak regarding the Census.
Agenda Review: City Manager
City Manager Burkett requested Item #17, Resolution 90-54 Approving the
Purchase of a Backhoe/Loader, and Item #23, Resolution 90-55 Authorizing
the Abatement of Penalty Interest in the 1989 Consolidated Special
Improvement District, be withdrawn from the Consent Agenda.
Councilmember Winokur asked that Item #12, Items Relating to the
Lease/Purchase of Computer Equipment and Software, and Item #13, Nearing
and First Reading of Ordinance No. 40, 1990, Amending Chapter 1 of the Code
of the City of Fort Collins Relating to Emergency Management, be pulled
from the Consent Calendar.
Councilmember Edwards withdrew Item #15, Resolution 90-52 Approving a -
Professional Services Agreement with Robb, Brenner & Brelig, Inc. for
Design and Construction Administration Services for the Remodel of the
Indoor Pool, from the Consent Agenda.
Consent Calendar
This Calendar is intended to allow the,City Council to spend its time and
energy on the important items on a lengthy agenda. Staff recommends
approval of the Consent Calendar. Anyone may request an item on this
calendar be "pulled" off the Consent Calendar and considered separately.
Agenda items pulled from the Consent Calendar will be considered separately
under Agenda Item #19, Pulled Consent Items.
Consider aooroval of the minutes of the regular meeting of March 20.
Items Relating to the Front Range Baptist Church Annexation and
Zoning.
A. Second Reading of Ordinance No. 30, 1990 Annexing Approximately
5.3 Acres known as the Front Range Baptist Church.
B. Second Reading of Ordinance No. 31, 1990 Zoning Approximately 5.3
Acres of the Front Range Baptist Church into the R-L-P, Low
Density Planned Residential District.
On April 3, Council unanimously adopted Resolution 90-42 Setting Forth
Findings of Fact and Determinations Regarding the Front Range Baptist
Church Annexation,
On April 3, Council also unanimously adopted on First Reading
Ordinance No. 30, 1990 and Ordinance No. 31, 1990, annexing and
T-II!
April 17, 1990
zoning approximately 5.3 acres located at 625 East Harmony Road
adjacent to the Fairway Estates Subdivision, south of Harmony Road,
and west of Boardwalk Drive. The requested zoning is R-L-P, Low
Density Planned Residential District. The property is presently
developed with a church, private school, parking lot, and open space.
The property is currently zoned FA-1, Farming, in Larimer County.
This is a voluntary annexation.
8. Items Pertaining to the Maxwell Annexation and Zoning.
A. Second Reading of Ordinance No. 32, 1990, Annexing Approximately
168.23 Acres, Known as the Maxwell Annexation.
■ 9.
10.
Second Reading of Ordinance No. 33, 1990, Zoning Approximately
168.23 Acres, Known as the Maxwell Annexation, Into the R-F,
Foothills Residential, Zoning District.
On April 3, Council unanimously adopted Resolution 90-43 Setting Forth
Findings of Fact and Determinations Regarding the Maxwell Annexation..
On April 3, Council also unanimously adopted on First Reading
Ordinance No. 32, 1990 and Ordinance No. 33, 1990, annexing and
zoning approximately 168.23 acres of City -owned foothills open space
located west of Overland Trail, west of the CSU football stadium and
east of Centennial Drive. The requested zoning is the R-F, Foothills
Residential District. The property is currently zoned FA-1 Farming in
the County. This is a voluntary annexation.
This is a request to rezone 2.7 acres of the Silverplume Estates PUD,
2nd and 3rd Filings from B-P, Planned Business to R-P, Planned
Residential. The site is located at the northeast corner of Swallow
Road and Dunbar Avenue. Silverplume Estates PUD, 2nd and 3rd Filings
consists of a total of 39 single family lots on 8.4 acres. The area
proposed for rezoning is in the southwest corner of Silverplume
Estates.
The City of Fort Collins was' awarded a grant from the Ford Foundation
in the amount of $100,000 for advancing the goals and objectives of
the Land Development Guidance System. The activities that will be
pursued are designed to improve the performance of the LDGS and
support the mission of providing personalized, quality community
services to the citizens of Fort Collins.
W-M
_ April 17, 1990
12
City Council has previously appropriated $485,000 for the Shields and
Lake Street Relief Sewer project. The scope of the project was to
construct a new sewer line in Shields Street between Lake .and
Elizabeth Streets and in Lake Street for a distance of 680 feet west
of the Burlington Northern Railroad tracks. The sewer lines need to
be replaced because their capacity is overloaded and some sections are
damaged.
In December of 1989, RBD, Inc. was selected to provide design and
construction management services for the project. It was determined
that the existing pipeline will need to be replaced instead of
paralleled because of the close proximity of other utility lines.
Replacing the pipe will require that sewage be pumped around the work
in progress. Investigations also showed that 336 feet of pipe' in
Shields Street from Plum to Elizabeth Streets needs to be replaced and
should be added to this project. These changes are estimated to add
$50,000 to the project cost.
The most significant impacts to project costs occurred when the
Occupational Safety and Health Administration (OSHA) made substantial
changes to the Construction Safety standards for trenching and
excavation in March of 1990. Workers are no longer permitted in
trenches, even momentarily, unless a trench box or shoring is in
place. Trench conditions for this project are affected by the
proximity of other utility lines, by the depth of the sewer, by
seepage of groundwater and by poor soil conditions. These regulations
will add an estimated $150,000 to the cost of the project.
Items Relating to the Lease/Purchase of Computer Equipment and
Software.
A. Resolution 90-50 Approving the Purchase of Computer Aided Dispatch
Upgrades.
Hearing and First Reading of Ordinance No. 39, 1990, Authorizing
the Purchasing Agent to Enter into an Agreement for the
Lease/Purchase Financing of Computer Equipment and Software.
This Resolution approves the purchase of upgrades to the emergency
services computer system. There are three major goals included in
this system upgrade. The first is to computerize Municipal Court,
interfacing its operation with the police records system. The second
is to cease the operation of the old ALERT records system. ALERT is
currently used by CSU Police, Loveland Police, and minimally by
Municipal Court. This upgrade allows Municipal Court and CSU Police
to move their current limited operation from ALERT to the upgraded
system which provides expanded and integrated operation with Fort
Collins Police. Loveland Police is purchasing its own new system.
Slim
April 17, 1990
13.
14.
The third goal is to upgrade the current four year old computer aided
dispatch and two year old records management systems shared by police,
fire, and ambulance to meet the growing requirements of the users.
Proposals were received on April 11, 1990 from 7 firms to provide
lease/ purchase financing for the City's current computer
requirements. The lowest net effective interest rate of 7.3% was
received from Safeco Credit Company of Denver, Colorado.
The replacement of the central word processing system will provide an
enhanced central word processing system, increase the performance of
the E-Mail system by removing central word processing from the HP
computers, and begin the consolidation of the office automation
systems onto the VAX hardware platform, in compliance with the City's
Long Range Plan for Information Systems.,
Prior to 1987, coordination of emergency management planning for the
City was handled by the Poudre Fire Authority on a part-time basis.
In 1987, this function was moved to Police Services in order to
develop a more centralized City coordination of emergency management.
A full time Emergency Management Coordinator was hired in June 1989
and is responsible for developing, implementing and maintaining an
emergency preparedness program for the City. During a disaster, the
Emergency Management Coordinator works under the direction of the City
Manager to coordinate activities.
Since emergencies require quick and decisive action, the City Manager
must have built-in authority to carry out essential actions whenever
necessary. This ordinance has three major objectives. First, it
defines the emergency organization of the City. Secondly, it
delineates the emergency powers, authorities and responsibilities of
the City Manager. Finally, the ordinance gives the Disaster Council
responsibility for the development of the Emergency Operations Plan,
which outlines the actions taken to protect persons and property
within the City in the event of a disaster.
Article V, Section 11, of the Charter requires that the cash balance
of the city shall be deposited or invested in accordance with the
ordinances of the city. This Resolutions adopts the Cash Management
and Investment Policy of the City which supersedes the policy adopted
by the Council in 1982. This is a housekeeping item which updates the
City's investment policy to include those investment instruments
authorized by the Council in Ordinance No. 108, 1988.
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April 17, 1990
15.
16
17
On April 3, 1990, this item was pulled from the Council agenda to
address proposed revisions to the policies regarding the concepts of
an investment committee and publication of an annual report. These
revisions have been incorporated into the policies on pages 2 and 3 of
the policies.
On March 7, 1989, Fort Collins voters authorized a one -quarter cent
sales tax for capital improvements as part of the Choices 95 Capital
Improvement Program. Remodel of the indoor pool was one of the
approved projects.
Funding for the design services
1990 Capital Projects Program.
scheduled to be appropriated
Program.
was approved by Council as part of the
The funding for the construction is
as part of the 1991 Capital Projects
On February 2, ten proposals were received from architectural/
engineering firms as part of the City's consultant selection process.
Three firms (Architectural Horizons, Robb, Brenner & Brelig, Inc. and
Vaught -Frye) were interviewed on March 7 and 8 by a committee of five
individuals. Robb, Brenner, & Brelig, Inc. was selected as the firm
most capable of providing the professional design services.
Staff is proposing the design and construction administration services
for the entire project be divided into three phases.
Items Relating to the Change Order to Federal Aid Urban System Project
MG 5000(9).
Resolution 90-53 Authorizing an Amendment to the Intergovernmental
Agreement with the State Department of Highways Allocating FAUS
Funds for Project MG 5000(9).
Hearing and First Reading of Ordinance No. 41, 1990, Appropriating
$86,000 in Unanticipated Revenue in the Federal Aid to Urban
Systems (FAUS) Fund.
This Resolution authorizes an amendment to the existing
Intergovernmental Agreement with the State Department of Highways
allocating $450,000 of Federal Aid Urban Systems (FAUS) money and
increases the project total by $86,000 to $536,000.
Resolution 90-54 Approving the Purchase of a Backhoe/Loader
Section 8-123 of the Code .(case ndt requiring bidding procedure)
allows the negotiated purchase of "supplies or services without
utilizing a competitive bidding process when such process does not
f1s1.1
April 17, 1990
appear to be practical, based on particular individual usage or
professional advice. Staff is requesting such a purchase from Larimer
Equipment Company for a John Deere 510C Backhoe/Loader at a total cost
of $56,965.
The Light and Power Utility Distribution crews evaluated the four
competitive machines in this size prior to developing specifications
for bidding documents. The evaluation criteria determined the John
Deere 510C to be superior to the Case 580K, JCB 1550B and the
Caterpillar 436.
18. Routine Deeds and Easements.
a. Powerline easement from Agnes Rigden, 411 East Prospect, needed to
underground existing overhead electric services. Monetary
consideration: $10.
b. Powerline easement from Donald W. Bowen and Beverly Ann Bowen, 529
Deines Court, needed as an 8' x 8' pocket easement to set electric
oval vault. Monetary consideration: $128.
c. Powerline easement from Dick Martin Kindsfather and Janet
Christine Kindsfather, 1614 Whedbee Street, needed as a 2' x 8'
pocket easement to set electric secondary vault. Monetary
consideration: $32 ($2 per square foot).
. d. Deed from J. Thomas Chandler located on the west side of
Timberline Road needed for a stormwater detention pond in
accordance with the Fox Meadows Drainage Basin Master Plan.
Monetary consideration: $72,571.
e. Powerline easement from Sunrise Center Partnership, a Colorado
Partnership, located north of Mobile Home Park at 300 East
Harmony, for a proposed 10' electric duct line within existing 16'
sanitary sewer easement - required to replace existing overhead
primary. Monetary consideration: $10.
f. Deed of dedication from Super Group, Inc. to dedicate Outlot "A",
Sunstone Village P.U.D.• Fourth Subdivision, for access, utility
and drainage purposes. Monetary consideration: $10.
g. Deeds of dedication from d. Jensen Enterprises, Inc. for
dedication of temporary access, utility and drainage easements
needed to serve the Quail Hollow, Fourth Filing development.
Monetary consideration: $0.
h. Deed of dedication from Everitt Enterprises Limited Partnership
No. 1 for a right of way needed to serve the Centre for Advanced
Technology Fourth Filing. Monetary consideration: $0.
. i. Deed of dedication from Everitt Enterprises Limited Partnership
No. 1 for a permanent drainage and utility easement made in
April 17, 1990
connection with the Oakridge Village P.U.D. 8th Filing and
Oakridge Business Park 2nd Filing. Monetary consideration: $0.
j. Deeds of dedication from Everitt Enterprises Limited Partnership
No. 1 for a temporary drainage easement and a permanent utility
easement in connection with the Oakridge Business Park 14th
Filing. Monetary consideration: $0.-
Ordinances on Second Reading were read by title by Wanda Krajicek, City
Clerk.
Item #7. A. Second Readin_of _Ordinance_ No. 30, 1990 Annexinq Approxi-
31
Item #8. A. Second Readinq of Ordinance No. 32, 1990, Annexinq ADproXi-
Q
Ordinances on First Reading were read by title by Wanda Krajicek, City
Clerk.
Item #9.
Item #10.
Item #11.
Item #12. B. Hearing and First Reading'of Ordinance No. 39, 1990, Author -
Item #13.
Emergency Management.
Councilmember Azari made a motion, seconded by Councilmember Edwards, to
adopt and approve all items not removed from the Consent Calendar. Yeas:
["A
April 17, 1990
Councilmembers Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey, and
Winokur. Nays: None.
THE MOTION CARRIED.
Items Relating to the Lease/Purchase
of Computer Equipment and Software. Denied
Following is staff's memorandum on this item:
"FINANCIAL IMPACT
Included in this lease/purchase is an $825,000 upgrade for the emergency
services computer systems. On -going O&M expenses on this upgrade will be
financed from Police Services budget. CSU Police will be paying for its
portion of the initial purchase and on -going maintenance costs separately.
The additional $357,660 is for computer equipment and software for the Word
Perfect mainframe word processing system to be paid from the Communications
Fund.
The total amount to be lease/purchased in this ordinance is to be
$1,182,660. Payments at the 7.3% interest rate will not exceed $147,008.64
in 1990. Money for the'1990 lease/purchase payments is appropriated in the
1990 Budget.
Resolution 90-50 Approving the Purchase of Computer Aided Dispatch
Upgrades.
B. Hearing and First Reading of Ordinance No. 39, 1990, Authorizing the
Purchasing Agent to Enter into an Agreement for the Lease/Purchase
Financing of Computer Equipment and Software.
This Resolution approves the purchase of upgrades to the emergency services
computer system. There are three major goals included in this system
upgrade. The first is to computerize Municipal Court, interfacing its
operation with the police records system. The second is to cease the
operation of the old ALERT records system. ALERT is currently used by CSU
Police, Loveland Police, and minimally by Municipal Court. This upgrade
allows Municipal Court and CSU Police to move their current limited
operation from ALERT to the upgraded system which provides expanded and
integrated operation with Fort Collins Police. Loveland Police is
purchasing its own new system. The third goal is to upgrade the current
four year old computer aided dispatch and two year old records management
systems shared by police, fire, and ambulance to meet the growing
requirements of the users.
Proposals were received on April 11, 1990 from 7 firms to provide lease/
purchase financing for the City's current computer requirements. The
lowest net effective interest rate of 7.3% was received from Safeco Credit
Company of Denver, Colorado.
April 17, 1990
The replacement of the central word processing system will provide an
enhanced central word processing system, increase the performance of the
E-Mail system by removing central word processing from the HP computers,
and begin the consolidation of the office automation systems onto the VAX
hardware platform, in compliance with the City's Long Range Plan for
Information Systems.
The proposed Ordinance authorizes the (ease/purchase financing of the
following equipment and software needed by the City:
QUANTITY
DESCRIPTION
TOTAL COST
LIFE
I
each
EtherDat Unattended Tape backup for
DEC VAX products on Ethernet/DECNet
Network.
$
17,500.00
3
12
each
Portable computers
$
24,000.00
3
TOTAL, 3 YEAR
$
41,500.00
1
lot
DEC Hardware
$
193,915.00
5
1
lot
DEC software
$
14,610.00
5
1
lot
Add'1. hardware & software(not DEC)$
48,551.00
5
1
lot
PRC software & service
$
340,859.00
5
1
lot
MDI hardware & software
$
59,961.00
5
1
lot
Chgs. for cabling building
$
20,000.00
5
1
lot
2 telephone lines, installed
$
1,200.00
5
1
lot
Chgs. for rewiring computer room
in Dispatch area
$
5,000.00
5
1
lot
Contingency for CAD upgrade
$
50,904.00
5
1
lot
Chgs to upgrade UPS and generator
$
90,000.00
5
1
each
Terminal server chassis w/LAT
interface, rack mount kit, 2-8
port cards, 1-8 port card w/modems
$
7,798.00
5
4
each
RILC cards
$
4,800.00
5
1
each
VAX Central Processing Unit
$
180,000.00
5
1
each
DEC 32MB ECC memory
$
20,350.00
5
1
each
DEC console terminal
$
2,151.00
5
1
each
DEC console printer
$
660.00
5
1
each
DEC Async controller
$
3,200.00
5
2
each
DEC Disk Drives
$
44,671.00
5
2
each
DEC Disk Interface Cables
$
772.00
5
1
each
DEC HSC Data Channel
$
10,290.00
5
1
lot
DEC Extended System Warranty
$
25,275.00
5
1
each
Word Perfect 5.0 License for VAX'
$
6,750.00
5
1
lot
FMS license upgrade'
$
5,943.00
5
1
each
DMG software for VAX -FAX connection$.
3,500.00
5
TOTAL, 5 YEARS
GRAND TOTAL
$1,141,160.00
$1,182,660.00"
01
1-1
April 17, 1990
Councilmember Winokur asked if an economic cost benefit analysis had been
done on the proposed acquisition.
Police Chief Bruce Glasscock stated that an economic cost benefit analysis
had not be done.
Councilmember Azari commented on the upgrades to the CAD system and
inquired about the upgrades to Word Perfect.
Bruce Glasscock stated that the CAD upgrade involved five departments
(Police Services, PFA, Municipal Court, CSU Police, and ICS).
Councilmember Maxey asked about E911 and its relation to the proposed
upgrade.
Bruce Glasscock stated that the E911 equipment did not mandate any of the
proposed changes and stated the changes related to automating Municipal
Court and with providing enhancements to the Police Department's records
management system. He stated the equipment will interface with E911 and
the CAD function and stated the major changes will be taken care of by the
E911 arrangement.
Police Officer Jim Vincent stated the possibility of the equipment becoming
obsolete will be defined by the technology that is in existence when E911
is installed and stated he did not believe that major portions of the
equipment will need to be changed.
Councilmember Maxey asked about replacing two year old equipment versus the
projected five year life expectancy and asked about future trade-in value.
Bruce Glasscock stated the hardware needed to be replaced in order to drive
the software for Municipal Court and added that the City's core system is
"maxed out". He stated that the existing hardware had trade-in value and
added he was not sure how much trade-in value the City would receive.
Councilmember Winokur asked if a stand alone system would work for
Municipal Court and interface capabilities with the current system in
Police Services.
Jim Vincent stated the system for Municipal Court will be integrated with
the records system in the Police Department and added it was a relational
data base management system. He added that Municipal Court and the Police
Department will be upgraded with the installation of the data base
management system and stated the -problem was the CPU capacity combined with
the ability to run the relational' data base system. He commented on the
interface possibilities and pointed out that "batch mode" is not
appropriate for Police Services. He stated that "batch mode" delays the
information response for internal and external'customers and users. He
stated that current cost comparisons for a stand alone system versus the
proposed upgraded system were not available and added that the existing
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April 17, 1990
evaluations of stand alone systems were conducted prior to his position
with the department.
ICS Director Marsiea Dahlgren stated that the joint use of data by
Municipal Court and Police Services was an additional problem.
Councilmember Edwards asked about the importance of the system upgrade to
Municipal Court Judge Allin.
Municipal Judge Kathleen Allin expressed concern that if the ALERT system
was terminated, Municipal Court would be left without an automated system,
which would result in a total manual system. She stated that Municipal
Court had not been manual for approximately seven years and added that the
capacity of the court's three terminals was limited. She described the
delay citizens would experience if ALERT was terminated and noted the
increased personnel time involved to run a stand alone system. She pointed
out that Municipal Court would be forced to send send disposition
information to the Police Records by telephone and noted the benefits of
accessing the information through the computer.
.Councilmember Winokur asked about projected cost benefits associated with
present system versus the projected benefits of the new system.
Municipal Judge Allin stated she did not have a computer background and was
not aware of the projected cost benefits.
Councilmember Edwards made a motion, seconded by Councilmember Mabry, to
adopt Resolution 90-50.
Councilmember Azari stated the material on the CAD and Word Perfect upgrade
contained too much information and was difficult to separate.
ICS Director Marsiea Dahlgren stated that the City was acquiring a new CPU
for the VAX computer and pointed out it was in keeping with the City's long
range plan for continued enhancement. She stated that Word Perfect had
been planned within the context of the City's annual management
requirements workshop and added that it was an enhancement to the City's
automation architecture. She pointed out that it was a routine purchase
funded through user fees and stated the purchase was in the City's base
budget in the ICS Department Communication Fund.
Councilmember Azari pointed out that it would have been less confusing if
the information had been presented separately.
Councilmember Winokur expressed concern that a cost benefit analysis had
not been completed on the $1.5 million expenditure and'indicated.the need
for additional information on the up front cash/lease/purchase costs, 0 & M
costs for 1991-1994, associated personnel costs,, opportunity costs, and the
tangible and operational benefits. He expressed concern about not
receiving any cost saving benefit figures with1respect to the ALERT system
and stated he supported the need to upgrade the records system at Municipal
Court. He stated he was.not convinced that the proposed upgrade was being
April 17, 1990
conducted in the best way with respect to the E911 system and stated he
could not justify the Word Perfect mainframe upgrade. He stated that
figures on the cash value return on the $1.5 million expenditure had not
been presented to Council and expressed the need for dollar estimates on
the capital investment savings. He stated the choices on the E911 issue
were limited and stated he was not comfortable making the commitment
without a cost benefit analysis. He pointed out the need for the City to
see the benefits from the expenditure and stated he would not support
Resolution 90-50. He expressed a willingness to postpone consideration of
the resolution until the additional information is received.
The vote on Councilmember Edwards' motion to adopt Resolution 90-50 was as
follows: Yeas: Councilmembers Edwards, Kirkpatrick, and Mabry. Nays:
Councilmembers Azari, Horak, Maxey, and. Winokur.
THE MOTION FAILED.
Councilmember Winokur stated the issue was not dead and stated that he
supported the basic intent of the resolution. He stated he wanted to see a
cost benefit analysis regarding the Word Perfect upgrade along with E911
compatibility information.
Director of Administrative Services Pete Dallow apologized to Council for
the confusion associated with the agenda item. He clarified that the
lease/purchase authorization for Word Perfect had been analyzed and funded
through the 1990 budget and noted that it had been in the long range plan
for a couple of years. -
Councilmember Horak expressed concern regarding additional comments from
staff and Council since the motion had been defeated.
Mayor Kirkpatrick stated that additional follow up information should be
received by Council before the item is rescheduled.
Ordinance No. 40, 1990, Amending
Chapter 1 of the Code of the City of
Fort Collins Relating to Emergency
Management, Postponed Indefinately
Following is staff's memorandum on this item:
"EXECUTIVE SUMMARY
Prior to 1987, coordination of emergency management planning for the City
was handled by the Poudre Fire Authority on a part-time basis. In 1987,
this function was moved to Police Services in order to develop a more
centralized City coordination of emergency management. A full time
Emergency Management Coordinator was hired in June 1989 and is responsible
for developing, implementing and maintaining an emergency preparedness
program for the City. During a disaster, the Emergency Management
April 17, 1990
Coordinator works under the direction of the City Manager to coordinate
activities.
Since emergencies require quick and decisive action, the City Manager must
have built-in authority to carry out essential actions whenever necessary.
This ordinance has three major objectives. First, it defines the emergency
organization of the City. Secondly, it delineates the emergency powers,
authorities and responsibilities of the City Manager. Finally, the
ordinance gives the Disaster Council responsibility for the development of
the Emergency Operations Plan, which outlines the actions taken to protect
persons and property within the City in the event of a disaster."
Councilmember Winokur asked City Manager Burkett about the local state of
emergency situation and the amount of Council involvement in the process.
City Manager Burkett stated staff and the Executive Team carefully reviewed
the issue and were comfortable with the situation.
Councilmember Winokur commented on the newness of the item and asked about
the propriety of the Health and Safety Committee reviewing the policy.
concerns.
City Manager Burkett supported the Health and Safety Committee reviewing
the issue regarding policy concerns.
Councilmember Mabry made a motion, seconded by Councilmember Horak, to
refer Ordinance No. 40, 1990 on First Reading to the Health and Safety
Committee for review and to be returned to Council with recommendations as
soon as possible. Yeas: Councilmembers Azari, Horak, Mabry, Maxey, and
Winokur. Nays: Councilmembers Edwards, Kirkpatrick.
THE MOTION CARRIED.
Resolution 90-52 Approving a Professional
Services Agreement with Robb, Brenner &
Brelig, Inc. for Design and
Construction Administration Services
for the Remodel of the Indoor Pool, Adopted
Following is staff's memorandum on this item:
"FINANCIAL IMPACT
The funding for these professional services is part of' the Choices 95
Capital Projects Program. This project is budgeted in two years. In 1990,
$100,000 is appropriated for the initial design services and in 1991,
$1,371,573 is projected for the remaining design services plus the
renovation costs.
ff-DeE
April 17, 1990
EXECUTIVE SUMMARY
ww� On March 7, 1989, Fort Collins voters authorized a one -quarter cent sales
tax for capital improvements as part of the Choices 95 Capital Improvement
Program. Remodel of the indoor pool was one of the approved projects.
Funding for the design services was approved by Council as part of the 1990
Capital Projects Program. The funding for the construction is scheduled to
be appropriated as part of the 1991 Capital Projects Program.
On February 2, ten proposals were received from architectural/engineering
Firms as part of the City's consultant selection process. Three firms
(Architectural Horizons, Robb, Brenner & Brelig, Inc. and Vaught -Frye) were
interviewed on March 7 and 8 by a committee of five individuals. Robb,
Brenner, & Brelig, Inc. was selected as the firm most capable of providing
the professional design services.
Staff is proposing the design and construction administration services for
the entire project be divided into three phases.
Phase I - Conceptual and Preliminary Design
This phase will investigate the current condition of the indoor pool,
determine the extent of the problems, project various solutions and
determine the appropriate scope of work to renovate the facility. Fees for
this phase are $47,500, with the work to begin in May, 1990. Fees for
final design and construction administration will be negotiated at the
conclusion of this phase.
Phase If - Final Design
This phase will develop the final drawings and construction documents for
bidding. Estimated costs for this phase are $45,000. Final design is
projected to begin in August, 1990.
Phase III - Construction Administration
The phase provides for architect and engineering support during the
construction phase. This includes on -site review and inspection of the
contractor's work and various meetings between the contractor and owner.
Estimated costs for the phase are $37,500. Renovation is projected to
begin in May, 1991.
Since this is a two-year program and only $100,000 is appropriated, staff
will enter into separate agreements with Robb, Brenner and Brelig, Inc. as
fees are negotiated and funds are appropriated.
Councilmember Mabry withdrew from discussion and vote on this item due to a
perceived conflict of interest.
Councilmember Edwards asked about the indoor pool renovation with the
possibility of significant and costly problems.
April 17, 1990
City Manager Burkett commented on the potential of serious problems and
mentioned the uncertainty of high renovation costs. He commented on the
studies that obtained information regarding needed improvements.
Councilmember Edwards agreed that it was too soon for definitive answers
and expressed concern regarding available funding for additional equipment
(diving board, carpeting for locker rooms, paint) and amenities. He asked
about ensuring funds for the purchase of user amenities.
City Manager Burkett stated it was staff's objective to have the pool meet
the community standards and stated he anticipated there will be sufficient
money available for the renovation and amenities. He stated it was too
early to determine the seriousness of the problems at the pool.
Councilmember Winokur asked when staff would know if the community would
receive a renovated pool that would continue to operate for 10-15 years.
Special Projects Manager Jack Gianola described the preliminary research
regarding the water loss and added that he was unsure if the entire pool
will be replaced. He described the tests that will determine the extent of
the pool deterioration and outlined the thorough investigation that will be
conducted. He offered to bring the investigation results back to Council
for consideration.
Councilmember Maxey made a motion, seconded by Councilmember Edwards, to
adopt Resolution 90-52.
Councilmember Winokur accepted Mr. Gianola's offer to review the results of
the pool investigation.
City Manager Burkett stated an interim report will be provided and added he
was hopeful the problems will not be too severe.
Councilmember Edwards commented on the renovation and the probability of
unanticipated problems and stressed the importance of Council being made
aware of changes and new developments.
Councilmember Horak stressed the importance of including specific user
groups in the preliminary design process and spoke in favor of an active
outreach process.
Councilmember Maxey commented on the renovation to extend the life of the
pool and suggested that guarantees be established so that future problems
are not passed on.
Councilmember Horak stated the need to receive an honest appraisal
regarding the renovatiori'•and extended life of the pool.
Mayor Kirkpatrick concurred with Council's suggestions regarding the need
for honest information regarding the pool remodel.
f-IOM
April 17, 1990
The vote on Councilmember Maxey's motion to adopt Resolution 90-52 was as
follows: Yeas: Councilmembers Azari, Edwards, Horak, Kirkpatrick, Maxey,
and Winokur. Nays: None. (Councilmember Mabry withdrawn)
THE MOTION CARRIED.
Councilmember Reports
Councilmember Azari reported on the progress with Continental Express
regarding negotiations on commuter service and introduced Airport Authority
Member Joe Phillips. She referred to the decision making schedule and
noted her request for 30 minutes during the April 24 worksession for
Council discussion on Continental Express. She noted the cooperation from
the City of Loveland and encouraged Council to ask questions. She
commended Assistant to the Director of Administrative Services Julia Novak
for her work on the project and noted Continental's willingness to make a
five year commitment. She added there was an out -clause that stated
..."should the monthly load factors not reach thirty-five percent,
Continental wants the opportunity to discuss remaining at the airport." She
noted Continental's $30,000 annual landing fee was under negotiation and
described the landing fee breakdown. She stated additional information on
airport fees and charges was being complied for Council. She expressed
appreciation to Continental for its cooperation and expressed concern
regarding the final decisions centering around the commuter service issue.
She stated that by working closely with the City of Loveland and the
Airport Authority, she was hopeful Council would be comfortable making the
final decisions. She asked for Council's patience and suggested they
contact Julia Novak for further information.
Airport Authority Member Joe Phillips stated the payback to the City of
Fort Collins and to the City of Loveland will not necessarily be a direct
payback and stated the $30,000 landing fee will go to the Airport Authority
for i'le purpose of maintaining and operating the airport. He stated that
if the Authority was successful in attracting one corporation with an
annual payroll of $1,000,000, that income will pay for Fort Collins'
investment in the airport within a four year period. He mentioned the idea
of a partnership with Continental Express to assist with the front end
costs but cautioned against allowing Continental to have the controlling
interest in determining the use of the terminal and landing facilities. He
stated that the Airport Authority was not blindly considering the air
service and referred to 1983 information from Air -Link on transporting
approximately 1400 people per month. He stated that figure was four more
people per day than Continental Express' break even figure and stated he
believed the 1983 data was an excellent indication of the capability of the
present market. He stated he' believed there would be no problem in making
the 13,000 - 15,000 per annum'passenger list that would qualify the airport
for federal funding for airport maintenance and recommended Council
consider the project.
April 17, 1990
Councilmember Horak asked about the outcome if the Loveland City Council
did not agree with Fort Collins' City Council and commented on the contract
being amended if one entity wanted to fund the project.
Councilmember Edwards made a point of order regarding citizens commenting
during Councilmember Reports.
Mayor Kirkpatrick stated the use of Councilmember Reports and Other
Business will be discussed at the upcoming retreat.
Councilmember Edwards commented on Len Loomans' invitation to Council to
the Earth Day Parade and encouraged the use of alternative transportation
to attend the parade.
Councilmember Maxey commented on the increase in trees within the community
and spoke in favor of additional tree planting in connection with Earth
Day.
Mayor Kirkpatrick called attention to the memo from Development Services
Director Mike Davis about chlorofluorocarbons and stated she would comment
on the issue under Other Business.
Ordinance No. 34, 1990, Appropriating $1.6
Million for Transfer From the General Fund
Undesignated Reserve to the Special
Assessments Debt Service Fund Reserve
and Appropriating $465,000 in the
Special Assessments Debt Service
Fund Reserve for Expenditure by the
Financial Officer in 1990, Adopted on Second Reading
Following is staff's memorandum on this item:
"FINANCIAL IMPACT
This Ordinance, which was adopted 6-0 on First Reading on April 3, provides
money to pay the interest portion of the debt service on certain special
improvement district bonds. The portion appropriated for expenditure in
1990 will be used as deemed necessary by the Financial Officer. The
appropriation of these monies is necessary,"because the cash flow into the
bond funds has been disrupted by the default' in payment of assessments by
property owners within various districts. The City holds tax certificates
on the properties and intends to apply for deeds to the land as soon as
allowed by statute. The value of the property should be sufficient to
restore the cash flow and replace the $1.6 million in the Undesignated
Reserves, with interest, once the bonds have been paid in full. Funds
transferred into this designated reserve will be appropriated on an annual
basis and the Finance Director will be authorized to transfer monies when
needed to supplement payments to bondholders so that the payment of
April 17, 1990
principal by property owners is used to pay the principal portion of the
debt service on outstanding bonds."
Councilmember Mabry withdrew from discussion and vote on this item due to a
perceived conflict of interest.
Councilmember Edwards made a motion, seconded by Councilmember Horak, to
adopt Ordinance No. 34, 1990 on Second Reading. Yeas: Councilmembers
Azari, Edwards, Horak, Kirkpatrick, Maxey, and Winokur. Nays: None.
(Councilmember Mabry withdrawn)
THE MOTION CARRIED.
Ordinance No. 42, 1990, Amending Chapter 13,
Article II of the Code Relating
to Human Relations. Adopted on First Reading
Following is staff's memorandum on this item:
"FINANCIAL IMPACT
There is no immediate financial impact from this Ordinance. In the longer
term, the proposed, changes authorizing alternative investigation and
enforcement at the State level will provide savings in City staff time.
EXECUTIVE SUMMARY
At its last regular meeting, Council directed staff to review the
provisions of Chapter 13 of the City Code pertaining to discrimination.
The purposes. of the review were to clarify the provisions of the Code
dealing with sex -based discrimination in public accommodations, to give the
City more discretion in the handling of complaints and to streamline the
process for reviewing, investigating and attempting to conciliate such
complaints. The proposed revisions described below are intended to address
these subjects.
BACKGROUND
The provisions of the City's local Ordinance prohibiting discrimination on
the bases of a person's race, color, religion, national origin, sex or
marital status in the areas of employment, housing and public
accommodations were initially adopted in 1974. Recent complaints which
seek to enforce certain terms of the these provisions of the Code have
Focused renewed attention on the subject of sex -based discrimination in
public accommodations and the terms of the local Ordinance. The Council
has asked staff to review Chapter 13, Article II „ Discrimination, and
suggest any changes which may be advisable,to clarify' -,the purposes of the
Ordinance and/or to streamline its administration.
In conducting its review, staff has examined the State's antidiscrimination
laws and has considered the City's enforcement experience over the past
April 17, 1990
year. In addition, discussions have been held with the Director of the
Colorado Civil Rights Commission about the State's enforcement process.
The result has been to suggest the language changes reflected in the
attached Ordinance.
Section 1 would amend the public accommodations section of the City Code to
add a provision identical to the State's which would permit the restriction
of admission to a place of public accommodation to individuals of one sex
under certain circumstances, when the nature of the restriction has a bona
fide relationship to the goods, services, facilities, privileges,
advantages or accommodations offered by the place of accommodation.
Although the State law has contained this language for over 20 years, there
are no court decisions interpreting its meaning in particular situations.
It is akin to a similar provision in various statutes and ordinances
desirable, given the training and resources which exist under the Colorado
Civil Rights Commission, in order to avoid unnecessary duplication of
efforts at the local level. Section 3 also preserves the City's ability to
handle its own enforcement when deemed appropriate by the City Manager.
Section 4 clarifies that the confidentiality restrictions imposed under
this provision of the Code during the conciliation process apply only to
the City. This is analogous to the State law which places similar
restrictions on the Civil Rights Commission and its staff.
Section 5 places a new time restriction on the investigation and
conciliation process when performed locally. This 90 day restriction works
in tandem with the 60 day filing limitation in Section 2 to preserve the
complainant's ability to avail him or herself of possible remedies under
the State law at the end of the City's process if the complainant wishes to
do so.
Section 6 requires that a discretionary decision be made prior to filing in
Municipal Court of any case which cannot be conciliated within the time
limit. That decision must be based upon a review of the case and a
determination by the City Manager whether the intent and purposes of the
anti -discrimination provisions of the Code warrant criminal prosecution.
Section 7 requires that written notice of any decision not to file an
unconciliated case in Municipal Court be given to the complainant. The
complainant may then seek relief by filing with the Colorado Civil Rights
Commission if (s)he wishes to do so."
Director of Administrative Services Pete Dallow gave a brief presentation
regarding staff's 'review of the provisions of Chapter 13 of the City Code
and outlined the purposes of the review. He noted the review focused on
sex based discrimination in public accommodations, provided the City with
additional discretion in handling complaints, and streamlined the complaint
process and noted the proposed changes that accomplished staff's direction.
He referred to the change in Section I amending the public accommodations
and adds a provision identical to the State which permits the restriction
of admission to public accommodations to individuals of one sex under
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April 17, 1990
certain circumstances. He stated the changes in Section 2 and 6 shortened
the time frame for filing, investigating, and conciliating a complaint and
noted the entire process must be completed in less than six months in order
to preserve the complainant's option to file his/her complaint with the
State. He noted that Section 3 authorized the City to submit cases filed
under its ordinance to the State for processing and noted the option may be
desirable in order to avoid duplication of local efforts. He noted that
Section 4 clarifies the confidentiality restrictions imposed under the
provision during the conciliation process and stated that Section 6 and 7
require that a discretionary decision be made prior to filing in Municipal
Court of any case which cannot be reconciled within the time limit. He
noted that the proposed ordinance changes were presented to and approved by
the Human Relations Commissions on April 12 and added that the Human
Relations Commissions expressed caution about the wording of Section 1. He
noted that the State Attorney General is concerned with the present wording
and pointed out that the proposed changes will not permit the denial of
membership priviledges for health clubs. He stated he did not believe the
changes will affect the present case with New Creations due to the process
requiring prosecution under the current ordinance and added that certain
restrictions will be permitted (classes specifically limited to
sex/gender). He stated the proposed changes are responsive to Council and
the community and will make the City ordinance consistent with the State
law while providing greater flexibility and discretion in the
administration, enforcement, and conciliation of complaints.
' City Attorney Roy noted the language in Section I created the exception and
was applicable only to prohibiting sex based discrimination with regard to
public accommodations.
Councilmember Winokur made a motion, seconded by Councilmember Horak, to
adopt Ordinance No. 42, 1990 on First Reading.
Councilmember-Mabry asked about the new wording in Section I applying to
health clubs.
Pete Dallow stated that it was staff's opinion that the new wording will
not permit a health club to deny membership based on sex only and added
that the current State law does not allow membership to be denied.
City Attorney Roy explained that the opinion was reached partially due to
the bona fide relationship exception giving permission based on a sex based
restriction relationship with a particular service or facility. He stated
the only case law interpretation in Colorado is an administrative law
decision which suggested that the restriction is necessary in order to
deliver the service. He referred to the opinion of the administrative
judge regarding boy's clubs being open to female membership that states
there is nothing inherent in the kind of service that was offered to
require restricting the membership to one sex. He applied that logic to
the health club situation and stated it was staff's view that there is
nothing inherent in health club service which necessitates a single sex
' limitation on membership. He stated that there may be certain classes
offered (or facilities within a club) where the privacy interests are high,
M
April 17, 1990
that participation in the classes or admission to that part of the facility '
may necessitate exclusion of members of one sex. He stated the point of
the exception is to permit only those restrictions which go no further than
necessary in order to be able to deliver the type of services involved and
added that totally excluding one sex from membership in a club goes further
than can be justified. He added that in the definition of the state
statute, health clubs are within the definition of the kinds of facilities
that are subject to the anti -discrimination limitations and stated that
total exclusion of one sex from membership is not allowed. He stated that
less severe restrictions are permissible and would be looked at on a
case -by -case basis.
Councilmember Mabry asked what kinds of restrictions would apply.
City Attorney Roy stated that conclusions had not been made regarding what
restrictions would apply and added that it would be a mistake to draw
conclusions based on some proposals. He stated the new wording gave the
City more flexibility and stated the City should not give advisory opinions
with regard to businesses complying with the ordinance. He stated the City
will look at particular situations to determine if they are in compliance. .
Councilmember Mabry asked who will stand as judge in future cases.
City Attorney Roy stated that if a case warrants filing in Municipal Court,
the judge of the court will decide the outcome of future cases. He
described the early stages of the process which fall under the proposed '
revisions where the City Manager will have more discretion to judge whether
probable cause exists to determine if a violation has occurred.
Councilmember Winokur asked if the complainant will have the same appeal
rights to pursue the issue further, if the City Manager determined that
sufficient grounds did not exist.
Assistant City Attorney Mary Crumbaker-Smith stated that if the City
Manager decided not to file a complaint, the purpose of setting a time
limit will ensure that the complainant will still have the right under the
State law to file a complaint with the State and go through the entire
State process. She stated that process will allow complaints to get to
District Court and have civil remedies.
Councilmember Winokur stated that under the current Code, if the City
Manager made the determination that there was not sufficient cause to
proceed in Municipal Court, the complainant could appeal that decision to
the City's Human Relations Commission.
Mary Crumbaker-Smith confirmed that the decision could be appealed to the
City's Human Relations Commission at the early probable cause stage of the
filing and added that the provision was still available in the Code. She
stated that the City Manager did not have the final say regarding probable
cause.
-901-
April 17, 1990
IAlden Hill, attorney, spoke in favor and encouraged Council's support of
the ordinance.
Mayor Kirkpatrick noted the difficulties associated with the legislation of
human relations.
Councilmember Edwards stated that if the ordinance is approved, it will
create a better law and spoke in favor of making it consistent with the
State law. He stated the ordinance will improve the conciliation process
and spoke in favor of the ordinance.
Councilmember Azari noted the importance of addressing issues locally and
to shorten the waiting period before the case is heard and commented on the
the City Manager referring complaints to the State.
The vote on Councilmember Winokur's motion to adopt Ordinance No. 42, 1990
on First Reading was as follows: Yeas: Councilmembers Azari, Edwards,
Horak, Kirkpatrick, Mabry, Maxey, and Winokur. Nays: Councilmembers:
None.
THE MOTION CARRIED.
Items Pertaining to the Poudre
' River National Heritage Corridor
Following is staff's memorandum on this item:
"EXECUTIVE SUMMARY
A. Resolution 90-56 Endorsing the Findings and Recommendations of the
Poudre River National Recreation Area (NRA) Legislative and Management
Task Force and Directing Staff to Pursue National Heritage Corridor
Designation.
B. Hearing and First Reading of Ordinance No. 43, 1990, Appropriating
Prior Year Reserves in the General Fund.
Pursuant to Resolution 89-208, the Poudre River NRA Task Force made
findings pertaining to legislative and management aspects of a potential
National Recreation Area on the Poudre River. The Task Force found that it
is possible to draft NRA enabling legislation that is appropriate and
sensitive to local values, and that a willing and capable federal managing
partner is available to participate in an NRA.
However, the Task Force recommended that the City instead pursue an
alternate designation, National Heritage Corridor (NHC). The NHC
designation allows for national recognition of the Poudre River and federal
' assistance to develop a plan for the river corridor, without the federal
intervention in local affairs that is inherent in NRA's.
-902-
April 17, 1990
The Task Force recommended that the focus of the NHC be on an examination ,
and explanation of the Poudre River as an example of the social and
environmental outcomes of water development and river basin management in
the western United States.
The Task Force also recommended that a phased implementation strategy to
obtain NHC designation begin immediately. Phase I work would continue
through 1990, and address local efforts to set the stage for designation.
Staff concurs with the findings and recommendations of the Task Force.
Staff therefore recommends an appropriation of $32,500 from General Fund
Reserves to begin Phase 1 work as soon as possible.
BACKGROUND
At the April 10, 1990 worksession, Council discussed the Task Force report
on legislative and management aspects of NRA's. A staff presentation
outlined the similarities and differences between NRA's and NHC's. The
Task Force and staff recommend a phased implementation strategy to pursue
National Heritage Corridor designation for the river. This request
precedes the supplemental budget process, which will be coming before
Council later this month.
Council indicated support for the NHC, and directed staff to bring forward
a Resolution and appropriation Ordinance so that preliminary implementation
work can begin immediately. In doing so, Council asked to see specific '
information about how Phase 1 work will proceed and who key participants in
the work might be.
ANALYSIS
The staff report for the April 10, 1990 worksession is attached to this
report for reference. Appendices 1 and 2 of the staff report are relevant
to this analysis.
In the discussion on April 10, Council members expressed interest in
leveraging local expertise and encouraging the on -going involvement of
existing players as much as possible in the early stages of work. Council
agreed that the next steps should conceptualize and define core components
of an implementation plan for designation, and subsequent NHC plan
development. Council asked that specific goals and achievable steps of
progress be clearly identified for Phase 1 work.
The following is a detailed explanation of Phase I work, including
suggestions for key participants.
Task 1. Draft Enabling Legislation. The goal is to write proposed
Congressional legislation that is reflective of local values. The
product will be ready for introduction to Congress in 1991.
Key participants will include Congressman Hank Brown, staff from '
affected local governing entities (Fort Collins, Greeley, Larimer
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April 17, 1990
County and Weld County), and assistance from experts knowledgeable
in water law, local issues and Congressional process.
Estimated Supporting Budget: $5,250
Task 2. Preliminary Implementation Planni n The goal of this effort is
to produce an implementation plan to achieve NHC designation,
propose administrative and management structures, and to set the
stage for NHC plan development.
This work effort would propose elements central to the definition
of the NHC mission, administrative format, interpretive
programming of the theme, assessment of key sites for
environmental reclamation, and assessment of key sites for
principal activities or acquisitions. Identification of a federal
partner with proposed roles and responsibilities, boundary
identification, and integration of public input will be important
parts of this work.
Primary participants will include staff from participating
governments, experts in water and hydrology issues and the history
of water development, historic preservationists experienced in
research and nominations to the National Register, river and
environmental reclamation professionals, and affected private
interests. The Poudre River Trust may be interested in
conceptualizing administrative structures and discussing
environmental reclamations.
Estimated Supporting Budget: $24,250
Task 3. Internal Staff Work. The goals of in-house work during Phase 1
can be summarized as:
Project management of legislation drafting process, preliminary
implementation planning, and public participation.
Negotiating an understanding of roles and responsibilities with
a federal partner (National Park Service or the Forest Service,
or possibly both).
Assessing the interest of other governmental entities,
institutions, and affected interests in participating in an
NHC, and conceptualizing what relevant roles and
responsibilities would be.
Developing internal mechanisms for City -participation, possibly
including proposals for an annual budget allocation, staffing,
and other support.
a•
An interdepartmental team of City of Fort Collins staff will take
' the leadership in this effort, drawing together other affected
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April 17, 1990
interests and staff from participating governmental entities and
institutions.
Estimated Supporting Budget: Cost for staff time only
Contingency Costs: $3,000
CONCLUSION:
Completion of the three tasks outlined in Phase 1 work will produce an
implementation plan proposing key participants in the NHC, NHC mission and
Format, administrative structures, public process, boundary configuration
and enabling legislation. Phase 1 work will commence immediately, and
continue through 1990. The work will be under the leadership of the City
of Fort Collins, leveraging the expertise and energy of interdepartmental
staff teams, qualified local volunteers, staff from other entities and
institutions, and qualified professionals.
Estimated Supporting Budget: $32,500.
RECOMMENDATION:
A. Staff recommends
adoption of the Resolution endorsing the findings and
recommendations
of the Task Force,
and directing staff to pursue NHC
designation.
B. Staff recommends
approval on First
Reading of Ordinance No. 43, 1990,
'
appropriating $32,500 in General
Fund Reserves to a project fund,
allowing Phase I
work to begin."
Councilmember Winokur withdrew from discussion and vote on this item due to
a perceived conflict of interest.
City Planner Kari VanMeter gave a brief presentation regarding the concerns
related to legislative and management aspects of NRAs and referred to the
feasibility findings of the NRA study and concepts. She mentioned the task
force that was created to explore the issues relating to NRA's and
described its findings. The task force suggested that the National
Heritage Corridor (NHC) on the Poudre River be an examination and
explanation of the social and environmental outcomes of modern water
development and river basin management practices and noted the task force
recommended a phased implementation. She noted the similarities and
differences between recreation areas and heritage corridors and stated the
importance of preserving resources. She stated that National Heritage
Corridors are affiliated with the National Park System and added that there
is not a federal land acquisition for heritage corridors. She stated the
federal role in heritage corridors is advisory and provides assistance and
added there is less federal funding for heritage corridors than recreation
areas. She stated the focus of heritage corridors is on the educational
and conservation aspect of local heritage and pointed out that National
Heritage Corridors were created to allow national recognition of (and ,
support for) local efforts to develop an integrated, cultural, historic,
-905-
April 17, 1990
' and natural resource management program. She stated the phased
implementation suggested by the task force and expanded by staff consisted
of three phases and stated that Phase 1 would begin immediately and carry
through 1990 and set the stage for National Heritage Corridor designation.
She stated Phase 1 would leverage the on -going involvement of local
interests to create an implementation plan to obtain designation and
referred to the resolution that endorsed the task force findings and
directed staff to seek NHC designation.
Wayne Garretson, 5300 South County Road 3F, Timnath, expressed concern
regarding property acquisition by the City and commented on the 50'
right-of-way for the trail. He referred to a meeting with Congressman
Brown when the issue of condemnation to acquire land was discussed and he
stated that Congressman Brown stated he would fight the condemnation issue.
He read from a report from the President's Commission on Americans Outdoors
from December 1986, "...privately owned lands would be included in a
green -way network only with the express cooperation and agreement of the
land owner..." and stated that the County Commissioners endorsed the NRA on
the conditions that the legislation would contain the language "...the
secretary may acquire land or interests in land within the boundaries of
the recreation area by donation, purchase with donated or appropriated
funds or exchange, but no lands or interest in land may be acquired without
the consent of the owners thereof..." He added that even though he was in
support of the resolution, he would not recognize the right of the City to
use eminent domain to acquire land.
' Mayor Kirkpatrick commented on the momentum that was present at the
worksession and urged the City Manager to take responsibility for
continuing the momentum.
Councilmember Edwards expressed appreciation to the task force for its hard
work in serving the community.
The vote on Councilmember Mabry's motion to adopt Resolution 90-56 was as
follows: Yeas: Councilmembers Azari, Edwards, Horak, Kirkpatrick, Mabry,
and Maxey. Nays: None. (Councilmember Winokur withdrawn)
THE MOTION CARRIED.
Councilmember Mabry made a motion, seconded by Councilmember Maxey, to
adopt Ordinance No. 43, 1990 on First Reading.
City Manager Burkett commented on the potential reductions to the General
Fund Reserve levels.
The vote on Councilmember Mabry's motion to adopt Ordinance No. 43, 1990 on
First Reading was as follows: Yeas: ,Councilmembers Azari, Edwards, Horak,
Kirkpatrick, Mabry, and Maxey. Nays: None. (Councilmember Winokur
withdrawn)
I
THE MOTION CARRIED.
April 17, 1990
City Manager Burkett commented on the staff meeting regarding river related
projects and spoke in support of continuing the momentum.
Resolution 90-51 Directing Staff to
Market the Sale of Roselawn Cemetery, Adopted
Following is staff's memorandum on this item:
"FINANCIAL IMPACT
A17 costs associated with marketing the sale of Roselawn will be covered by
existing budgeted Cemetery Fund contingency. These costs will include
advertising and promotion, postage, land appraisals, etc., and are
estimated to be no more than $1,000.
EXECUTIVE SUMMARY
One Council Policy Agenda Item for 1990 is to examine options for the
Cemetery Fund. These include the potential for total contract management
(privatization) of the City's municipal cemetery operations, the debt issue
in the Perpetual Care Fund, and the possible sale of Roselawn Cemetery.
The privatization and debt issue items will be handled separately. This
resolution directs staff to market the sale of Roselawn Cemetery.
BACKGROUND
Last June, Council met in a worksession to review and discuss proposals/
questions/options contained in the staff report that presented various
options for the long-term management, operations and maintenance of the
City's municipal cemeteries. The opinions expressed by the majority of
Councilmembers provided a clearly defined course of action.
In an effort to reduce the General Fund transfer to the Cemetery Fund,
Council identified three specific cemetery issues to be resolved. The
first is the privatization issue. Over the past several months, staff has
researched the legal, financial, and specification issues for the total
contract management of the municipal cemeteries, and is now ready to
proceed with writing the Request for Proposals (RFPs). This information is
being sent under separate cover. The second issue is debt concerns in the
Perpetual Care Fund. This is being handled by the Finance Department under
the broader heading of all unfunded liabilities in the City. The third
issue is the potential. sale of'Roselawn Cemetery. On April 3, Council
adopted Ordinance No. 21, 1990, amending Chapter 23 of the Code relating to
the disposition of interests in real property. With this code change,
Council now has greater flexibility to consider the sale of this type of
property.
If this Resolution is adopted, staff will put together the proper documents
to market the sale of Roselawn Cemetery to the private sector, either as a
cemetery, or a combination cemetery and/or'available undeveloped land.
Should the property be sold, staff anticipates placing the proceeds into
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April 17, 1990
I
the Perpetual Care Fund. Should the property not sell, the City will
continue to recognize its obligations to perpetually maintain the cemetery
to the appropriate standards.
Roselawn Background
Roselawn Cemetery was established in 1947 by a private association to
accommodate additional burial space and provide a garden -type cemetery.
Because the City realized that it would run out of burial space at
Grandview Cemetery before the turn of the century, and it had committed the
land adjacent to Grandview in the late 1930's to be a golf course (City
Park Nine), the City took over the operation of Roselawn in 1959, and fully
acquired the property in 1973.
Roselawn Cemetery, located at 2718 East Mulberry, provides nearly 30 acres
of beautiful trees and shrubs, manicured lawns, and a magnificent view of
the Foothills. Many improvements have been made over the years to enhance
the landscape and entrance to the facility. Currently 9.2 acres are
platted for cemetery plots, 7.5 acres are used for a Parks and Recreation
Department sod farm, and the balance of the land is undeveloped. The City -
employs one fu11-time and two seasonal people at Roselawn, and occasionally
calls on Grandview employees to assist -in work when necessary. The
estimated annual expenses at Roselawn are $100,000, and the direct revenues
attributed to Roselawn amount to approximately $37,500. The City's General
Fund contributes approximately $62,500 annually to operate Roselawn.
' Through 1989, Roselawn had 1,560 burials, 73 cremains, 4 cenotaphs, 2,235
spaces sold, but vacant, and 8,531 grave spaces for sale. An average of 53
burials and 19 sales per year occur at Roselawn. An estimated $55,000 in
perpetual care fees has been collected to date. This money will probably
be included in the sale, which wi11 reduce the City's perpetual care fund.
There are no restrooms, no sewer, no domestic water, and no special
features to attract customers. The land is not in the City limits so
police services are provided by the Larimer County Sheriff, and electricity
is provided by REA. The only entrance to Roselawn is through the frontage
road off Mulberry Street. A map of the grounds is attached.
The sections of Roselawn which were originally platted in 1947 are to be
used for' internment purposes only, which is a restriction placed on the
deed when the City acquired the cemetery. There is a restriction not
allowing above -ground markers in the platted sections, and there are also
various easements, restrictions and reservations which are a part of the
total property. Most of the easements are for traditional irrigation or
utility right-of-way, including an easement in 1985 to Anheuser-Busch for
pipeline purposes, and a right-of-way for State Highway 14 over the
southerly portion of the property.. A11 of these easements and restrictions
could limit the saleability of the land.
Previous Sale Information
' In the mid-1970's, the City attempted to sell Roselawn. Information was
sent to national and regional businesses and advertised locally. Only one
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April 17, 1990
inquiry was received. This was from Service Corporation International '
(SCI), one of the largest cemetery/death-care corporations in the country
and owner of Resthaven Cemetery located between Fort Collins and Loveland.
After answering their questions, SCI stated that Roselawn did not meet
corporate acquisition criteria. Last year a representative from a large
Eastern corporation (who asked to keep its identity confidential) also
inquired about buying Roselawn, but after review, decided not to pursue it.
In 1982, an unsolicited proposal to acquire Roselawn was received from a
local business. The proposal was denied, but the offer may give an
indication of the real market value of Roselawn. This business offered to
form a non-profit corporation to run the cemetery. The City would deed
them the cemetery and provide $25,000 for an endowment fund. The deed
giving them the cemetery would contain a clause that if the corporation
dissolved or went bankrupt, the property would revert back to the City.
These individuals were not willing to commit to the perpetual care of the
cemetery.
While prior efforts to sell Roselawn have not been successful, it has been
several years since the market has been tested. A renewed effort will
determine if the market has changed or if the prior experience remains
consistent."
Director of Cultural, Library, and Recreational Services Mike Powers gave a
brief presentation regarding operating the cemetery in a cost efficient
manner while maintaining the quality and integrity of the land. He '
referred to the potential sale of Roselawn and outlined the advertising
strategy. He stated that Council will have the final decision regarding
the sale of Roselawn.
Councilmember Maxey made a motion, seconded by Councilmember Mabry, to
adopt Resolution 90-51.
Councilmember Maxey asked about the Roselawn property line in relation to
the recommended route for the expressway.
Development Services Director Mike Davis stated that one of the alignments
comes near the Roselawn property but does not come close enough to affect
the operation of the cemetery.
The vote on Councilmember Maxey's motion to adopt Resolution 90-51 was as
follows: Yeas: Councilmembers Azari, Edwards, Horak, Kirkpatrick, Mabry,
and Maxey. Nays: Councilmember Winokur.
THE MOTION CARRIED.
April 17, 1990
' Resolution 90-57 Assigning Councilmembers
as Liaison Representatives to
Various Boards and Commissions and
Appointing Councilmembers to Various
Committee Assignments. Adopted as Amended
Following is staff's memorandum on this item:
"EXECUTIVE SUMMARY
At the April 10 worksession, Council informally discussed the assignment of
Councilmembers as liaison representatives to the City's various boards and
commissions and the appointment of Councilmembers to various committee
assignments.
Several assignments remain unresolved and will be decided prior to adoption
of the Resolution.
This Resolution would formally make these assignments until such time as
the Council makes new assignments."
Mayor Kirkpatrick took a straw poll of the Council for the vacant liaison
positions on Community Air Quality Task Force. Councilmembers Horak and
Winokur expressed interest in the liaison positions.
' Mayor Kirkpatrick took a straw poll of the Council for the vacant positions
on the Planning and Zoning Board. Councilmembers Horak and Mabry expressed
interest in the liaison positions.
City Clerk Krajicek polled each of the Councilmembers for their preference
for the liaison position on the Planning and Zoning Board.
Councilmember
Mabry
- Mabry
Councilmember
Horak
- Horak
Councilmember
Azari
- Horak
Mayor Kirkpatrick
- Horak
Councilmember
Maxey
- Mabry
Councilmember
Winokur
- Horak
Councilmember
Edwards
- Horak
Mayor Kirkpatrick stated that Councilmember Horak will be the liaison for
the Planning and Zoning Board.
Mayor Kirkpatrick took a straw poll of the Council for the vacant position
on the Health and Safety Committee. Mayor Kirkpatrick stated she was
interested in continuing on the Health and Safety Committee but added that
she preferred to relinquish the chair.
Councilmember Horak suggested he become the alternate to the Ethics Review
' Board and Mayor Kirkpatrick remain on the Health and Safety Committee.
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April 17, 1990
Councilmember Maxey indicated he would chair the Health and Safety
Committee.
Mayor Kirkpatrick took a straw poll of the Council for the vacant position
on the Overall Economic Development Program Committee.
Councilmember Edwards requested an explanation of the responsibilities
associated with the liaison position.
Councilmember Mabry explained that the committee consisted of
representatives throughout Larimer County and stated the purpose of the
committee was to look at the overall economic development efforts of
Larimer County. He stated the committee met to put together a master plan
which addressed the overall economic developments of Larimer County and
stated the committee met as needed to consider other proposals.
Mayor Kirkpatrick stated that since there were no volunteers for the
position, Council will not have a representative on the Overall Economic
Development Program Committee.
Councilmember Horak stated that the Regional Water Facilities Development
Committee had not met in the last year and stated he was unsure if the
committee was in existence.
Mayor Kirkpatrick directed that Resolution 90-57 be amended to delete the
Regional Water Facilities Development Committee until an appointment is
needed.
Councilmember Azari expressed interest in the liaison position on the
Overall Economic Development Program Committee.
Councilmember Horak made a motion, seconded by Councilmember Winokur, to
adopt Resolution 90-57 as amended. Yeas: Councilmembers Azari, Edwards,
Horak, Kirkpatrick, Maxey, and Winokur. Nays: Councilmember Mabry.
THE MOTION CARRIED
Other Business
Councilmember Horak commented on the Council appointment to the Platte
River Power Authority and objected to the philosophy behind the
appointment. He requested an agenda item be compiled for Council
consideration.
Councilmember Horak made a motion;: seconded by Councilmember Winokur,
directing staff to draft an agenda item for the,May 1 Council meeting,
dealing with the Council appointment to Platte River Power Authority.
Yeas: Councilmembers Azari, Horak, Kirkpatrick, and Winokur. Nays:
Councilmembers Edwards, Mabry, and Maxey.
THE MOTION CARRIED.
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April 17, 1990
I
Mayor Kirkpatrick
the services of
Commission.
commented on proposed Resolution 90-58 which terminated
Steven Francis as a member of the Human Relations
Councilmember Mabry withdrew from discussion and vote on this item due to a
perceived conflict of interest.
Mayor Kirkpatrick made a motion, seconded by Councilmember Winokur, to
adopt Resolution 90-58.
City Clerk Krajicek read Resolution 90-58 into the record.
Councilmember Maxey asked if Mr. Francis had been contacted regarding the
termination of his services.
Mayor Kirkpatrick stated she contacted Mr. Francis today (April 17, 1990)
regarding the content of the resolution.
Councilmember Horak stated he believed it was relevant for the maker and. .
seconder of the motion to state the reasons behind the termination.
Mayor Kirkpatrick stated her reasons were based upon recent correspondence
from Mr. Francis about his expected future behavior regarding the pursuit
of civil rights violations.
' Councilmember Winokur stated he believed that as a result of the attention
and controversy along with receipt of the letter from Mr. Francis
indicating his intention to pursue civil rights violations, his continued
service would interfere with the ability of the Human Relations Commission
to affectively perform its functions.
Councilmember Edwards asked if the reasoning behind the resolution was
based on what Mr. Francis said he might do in the future rather than based
on recent actions.
Mayor Kirkpatrick stated her support for the resolution was based on
specific language that Mr. Francis wrote to Council that looked toward
future actions.
Councilmember Edwards stated it was unusual to terminate a voluntary
service and stated hebelieved it was unacceptable to support the motion
without justifiable cause. He expressed concern regarding terminating a
voluntary position without a complete explanation and stated the
termination reasons were not incorporated into the motion. He expressed
concern regarding the punitive' speculation' of what might happen in the
future based on what has happened in the°past and stated he would not
support the motion.
Councilmember Horak stated he would not support the motion and added that
' Mr. Francis had utilized his first amendment rights. He'stated that he did
not approve of Mr. Francis' actions and mentioned the consequences of his
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April 17, 1990
actions. He noted that Mr. Francis' term is ending and commented on the '
position that the City may have been placed in as a result of the issue.
Councilmember Winokur commented on potential conflicts of interests and
expressed concern about the ability of the Human Relations Commission to do
its job. He referred to the issues before the Human Relations Commission
and stated the termination was necessary to ensure that the Human Relations
Commission could continue with its work.
The vote on Mayor Kirkpatrick's motion to adopt Resolution 90-58 was as
follows: Yeas: Councilmembers Azari, Kirkpatrick, Maxey, and Winokur.
Nays: Councilmembers Edwards and Horak. (Councilmember Mabry withdrawn)
THE MOTION CARRIED.
Adjournment
Councilmember Maxey made a motion, seconded by Councilmember Winokur, to
adjourn the meeting. Yeas: Councilmembers Azari, Edwards, Horak,
Kirkpatrick, Mabry, Maxey, and Winokur. Nays: None.
The meeting adjourned at 9:05 p.m.
fu 1TI�,
f1ayo r
TTEST:
City Clerk
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