HomeMy WebLinkAboutMINUTES-05/21/1991-RegularMay 21, 1991
' 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,
May 21, 1991, at 6:30 p.m. in the Council Chambers of the City of Fort Collins
City Hall. Roll call was answered by the following Councilmembers: Azari,
Edwards, Fromme, Kirkpatrick, Maxey and Winokur. Nays: None.
Councilmember Horak arrived at 6:55 p.m.
Staff Members Present: Burkett, Davis, Roy.
Citizen Participation
Al Bacilli, 520 Galaxy Court, spoke of the $.50 surcharge for the E-911 system
and requested information on who sponsored the charge.
Karen Gaebler, 3116 West Vine Drive, expressed concerns regarding the Poudre Fire
Authority Training Facility and requested information regarding types of
materials that would be burned, frequency of burning and what impact the burning
would have on the areas air, water and wildlife. She asked for a slower approach
to allow time for a neighborhood meeting to discuss the impact the training
facility may have on Overland Trail and the foothills.
Judy Hart, 3313 West Vine Drive, spoke of the Poudre Fire Authority Training
Facility questioning the effect the facility would have on air quality and water
usage. She noted the site location was not on the original list of sites and
requested an air quality study be performed to determine what impact it would
have.
City Manager Steve Burkett stated the proposed facility is not set for
development and has not yet received funding. He said there would be ample time
for community involvement.
Mike Vermilion, 319 E. Swallow, invited interested citizens to join a June 1
bicycle ride along Harmony Road sponsored by the Choice City Cycling Coalition.
He stated the purpose of the ride is to educate people on what it is like to
bicycle on Harmony Road.
Agenda Review
City Manager Steve Burkett noted Council packets contained a new ordinance and
resolution for Item 13, Items Relating to the Fort Collins Housing'Authority.
City Manager Steve Burkett asked that Item #29, Resolution 91-81 Appointing a
' Representative to the Hazardous Waste Task Force, be removed from the Agenda.
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Councilmember Winokur requested Item #14, Hearing and First Reading of Ordinance '
No. 60, 1991 Appropriating $400,000 from Existing Reserves in the Special
Assessments Debt Service Fund for Expenditure in 1991, be withdrawn from the
Consent Calendar.
Consent Calendar
This Calendar is intended to allow the City Council to spend its time and energy
on the important items on a lengthy agenda. Staff recommends approval of the
Consent Calendar. Anyone may request an item on this calendar to be "pulled"
the Consent Calendar will be considered separately under Agenda Item #22, Pulled
Consent Items.
Q
7.
Councilmember Fromme, as liaison to the Library Board, is recommending that
the 2 alternate positions on the Board be converted to regular positions
at this time, changing the composition from 5 members plus 2 alternates
to a total of 7 regular members. Both alternate positions expire July 1,
1991.
Adoption of this Ordinance, with an effective date of July 1, 1991, will
eliminate the alternate positions without causing the current alternates
to have their service on the Board terminated before a regular position
becomes available. This Ordinance, which was adopted 6-0 on First Reading '
on May 7, also contains language which would limit service on the board
to two consecutive 4-year terms, in accordance with Resolution 81-85, which
provides that no person may serve on any one board or commission for more
than 8 consecutive years (2 complete terms).
Councilmember Horak, as liaison to the Storm Drainage Board, is
recommending that the 2 alternate positions on the Board be converted to
regular positions at this time, changing the composition from 7 members
plus 2.alternates to a total of 9 regular members. Both alternate
positions expire July 1, 1991; however, only one of the alternate positions
is filled at this time.
Adoption of this Ordinance, with an effective date of July 1, 1991, will
eliminate the alternate positions without causing the current alternate
to have his service on the Board terminated before a regular position
becomes available. This Ordinance, which was adopted 6-0 on First Reading
on May 7, also contains language which would limit service on the boardto
two consecutive 4-year terms, in accordance with Resolution 81-85, which
provides that no person may serve on any one board or commission for more
than 8 consecutive years (2 complete terms).
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8. Items Pertaining to the Buderus First Annexation and Zoning.
' A. Second Reading of Ordinance No. 52, 1991, Annexing Property Known
as the Buderus First Annexation to the City of Fort Collins,
Colorado.
Second Reading of Ordinance No. 53, 1991, Amending the Zoning
District Map Contained in Chapter 29 of the Code of the City of Fort
Collins and Classifying for Zoning Purposes the Property Included
in the Buderus First Annexation to the City of Fort Collins.
On May 7, Council adopted Resolution 91-67 Setting Forth Findings of Fact
and Determinations Regarding the Buderus First Annexation.
On May 7, Council adopted on First Reading by a vote of 6-0 Ordinance No.
52, 1991 and Ordinance No. 53, 1991, which annex and zone approximately
30 acres located south of E. Vine Dr. and west of I-25. The requested
zoning is the I-L, Limited Industrial District with a PUD condition. The
property is presently undeveloped. The property is currently zoned I -
Industrial in the County. This is a voluntary annexation.
APPLICANT: Betty Y. Buderus OWNER: Same
3012 E. Vine Dr.
Ft. Collins, CO. 80524
9. Items Pertaining to the Buderus Second Annexation and Zoning.
A. Second Reading of Ordinance No. 54, 1991, Annexing Property Known
as the Buderus Second Annexation to the City of Fort Collins,
Colorado.
Second Reading of Ordinance No. 55, 1991, Amending the Zoning
District Map Contained in Chapter 29 of the Code of the City of Fort
Collins and Classifying for Zoning Purposes the Property Included
in the Buderus Second Annexation to the City of Fort Collins,
Colorado.
On May 7, Council adopted Resolution 91-68 Setting Forth Findings of Fact
and Determinations Regarding the Buderus Second Annexation.
On May 7, Council adopted on First Reading by a vote of 6-0 Ordinance No.
54, 1991 and Ordinance No. 55, 1991, which annex and zone approximately
108 acres located south of E. Vine Dr. and west of I-25. The requested
zoning is the I-L, Limited Industrial District with a PUD condition. The
property is presently undeveloped. The. property is currently zoned I -
Industrial in the County. This is a voluntary annexation.
APPLICANT: Betty Y. Buderus OWNER: Same
3012 E. Vine Dr.
Ft. Collins, CO 80524
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10.
12.
Located Along the Side Lot Line of 1205 Parkwood Drive. '
Light and Power changed the location of the oval electrical vault, thereby
negating the need for the existing easement.
All City departments and private utility companies have been informed of
the location and the proposed vacation of the utility easement change and
have no objections.
A new replacement easement agreement located along the front of the lot
line of 1205 Parkwood Drive is on the current Council agenda for approval
under Routine Deeds and Easements.
Ordinance No. 29, 1991, established the E-P Employment Park Zoning District
for the City. However, the ordinance did not amend Section 29-71 to
include that zoning district in the list of districts contained in Section
29-71. The purpose of this Ordinance is housekeeping only and will add
the E-P District to the list of districts.
On July 3, 1990, Council adopted Resolution 90-100, which established a '
policy for the elimination of alternate positions on boards and
commissions. That Resolution provided for the Council liaison assigned
to each board or commission with alternate positions to make a
recommendation of changes in the composition of the board or commission
to which he or she is assigned in order to achieve the elimination of
alternate positions.
Councilmember Winokur, as liaison to the Senior Advisory Board, is
recommending that the 2 alternate positions on the Board be converted to
regular positions at this time. Presently, Council appoints 7 regular
members to serve 4-year terms and 2 alternates to serve 2-year terms. In
addition, 2 members are appointed by the Senior Center Board to serve terms
of 2 years. This Ordinance changes the composition of the Board to 11
regular members (9 Council -appointed members plus 2 Senior Center Board
representatives).
Adoption of this Ordinance, with an effective date of July 1, 1991, will
eliminate the alternate positions without causing the current alternates
to have their service on the Board terminated before a regular position
becomes available. This Ordinance also contains language which would limit
service on the board to two consecutive 4-year terms, in accordance with
Resolution 81-85, which provides that no person may serve on any one board
or commission for more than 8 consecutive years (2 complete terms).
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13
14.
15.
Items Relating to the Fort Collins Housing Authority.
Resolution 91-74 Exempting the Fort Collins Housing Authority From
the Council Policy Eliminating Alternate Positions on Boards and
Commissions.
Hearing and First Reading of Ordinance No. 59, 1991, Amending Chapter
2 Pertaining to the Fort Collins Housing Authority.
The proposed Resolution would expressly exempt the Housing Authority from
the Council policy of eliminating alternate members from City boards and
commissions. The proposed Ordinance would amend the provisions of Section
2-247 of the City Code to expressly authorize the appointment of two
alternate commissioners in addition to the five regular commissioners.
This Ordinance would provide money to pay the interest portion of the debt
service on special improvement district bonds. This 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 currently holds 107 certificates representing $7,217,963 in face
value, the principal component of which is $4,188,000. This amount
corresponds to an equal amount of special improvement district bonded
indebtedness.
Adoption of this
$400,000 from the
pay the interest
purchase.
Ordinance would allow the Financial Officer to spend
Designated Reserve for Special Improvement Districts to
portion on the debt represented by the certificates of
This ordinance appropriates additional funds from the Firefighters' Pension
Fund to cover the transfer of monies from the fund into the new money
purchase plan adopted by the Firefighters and the City Council. The
appropriation is necessary because the selection of the plan administrator,
Prudential Asset Management, had not been completed by year end and it was
not possible to encumber the funds without a completed contract with the
new plan administrator. The amount of the appropriation will be combined
with existing 1991 appropriations in the fund to cover the plan's
liabilities to the members of the plan that opted to convert to the money
purchase plan.
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16.
17.
In 1974, the City entered into an agreement with the State Board of
Agriculture concerning the furnishing of water and sewer service by the
City to Colorado State University. Since that time, the agreement has been
amended as needed to adjust service fees as the City rates change.
Percentage rate adjustments for CSU correspond to rate adjustments for all
other customers serviced by the City. The proposed amendment will increase
CSU's water rate from $1.01 to $1.05 per.1000 gallons and the sewer rate
from $1.05 to $1.17 per 1000 gallons, based on the rate changes that were
adopted by Council effective January 1. Rate adjustments for CSU are made
effective July 1st of each year to accommodate its budgeting cycle. The
proposed amendment to the agreement has been approved by CSU.
The property being considered for annexation and the adjacent properties
which comprise the concurrent East Lincoln Second Annexation, have, 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
Burlington Northern property being considered for annexation is
approximately 18.35 acres in size and is located north of East Prospect
Road, south of East Mulberry Road and east of Riverside Drive. The
property consists of the Burlington Northern Railroad right-of-way. '
The proposed Resolution makes findings that the annexation substantially
complies with the Municipal Annexation Act. The Resolution also determines
that a public hearing should be established regarding the annexation and
zoning, 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. Not less than thirty days of prior notice is required by
Colorado law.
18. Resolution 91-77 Initiating Annexation Proceedings for the East Lincoln
Avenue Second Annexation.
The property being considered for annexation and the adjacent property
which comprises the concurrent Burlington Northern Southeast First
Annexation, have, 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 area of the properties being considered for the
East Lincoln Avenue Second Annexation is approximately 38.88 acres in size
and is located south of East Lincoln Avenue, north and east of Riverside
Drive, and west of Lemay Avenue and consists of ten separate parcels.
Approximately three quarters of this property is vacant and undeveloped
with the remaining' quarter used for various businesses including, auto
repair, contractor/construction offices, indoor skateboard arena, creamery,
trucking company, oil company office and outdoor storage areas. The Poudre '
River and the City bike trail runs through this property.
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' The proposed Resolution makes findings that the annexation substantially
complies with the Municipal Annexation Act. The Resolution also determines
that a public hearing should be established regarding the annexation and
zoning, 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. Not less than thirty days of prior notice is required by
Colorado law.
19.
This request pertains to the Amended Plat of Lot 6, Brookwood Estates,
subdivision request. The property is located south of Harmony Road, on
Crest Road. The amended plat consists of splitting an existing 10.8 acre
lot into two single-family lots, which would create one additional building
site. The site is zoned FA-1 Farming (minimum 2.29 acre lot size) and the
surrounding land uses consist of large lot single-family residential uses.
The site is not eligible for voluntary annexation because it does not meet
the 1/6 contiguous boundary requirement of State annexation laws. City
limits are presently adjacent to less than 1/6 of the perimeter boundary
of the site.
In order for a property to be subdivided in the Urban Growth Area (UGA),
it must be shown that the property will conform to the UGA Phasing
Criteria. The proposed development meets three of the four UGA Phasing
Criteria, satisfying the requirement for public water capacity (service
provided by Fort Collins -Loveland Water District), the public sewer
capacity requirement (service provided by South Fort Collins Sanitation
District) and the contiguity to existing development requirement (the site
being part of the Brookwood Estates Subdivision). A waiver is being
requested for the requirement for public street capacity.
20. Resolution 91-79 Authori7ina tha FYarutinn of n Cnnn1omon+n1 Dnwor 14no
The overhead power line south and west of 200 Hickory Street is installed
on property owned by the Union Pacific Land Resources Corporation (UPLRC).
The UPLRC agreement which covered the installation and maintenance of the
line expires in June, 1991. This supplemental agreement extends the
original agreement for an indefinite period. It requires a one-time
consideration of $2,890.
UPLRC's procedures require the City to approve license agreements by
Council resolution.
Ordinances on Second Reading were read by title by Molly Davis, Deputy City
Clerk.
Item #6.
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Item #7.
Item #8
Item #9
Items Pertaining to the Buderus First Annexation and Zoning.
A.
a
Items Pertaining to the Buderus Second Annexation and Zoning.
A.
1.1
Ordinances on First Reading were read by title by Molly Davis, Deputy City Clerk
Item #10. Hearing and First Reading of Ordinance No. 56, Vacating a Utilit
Item #11.
Item #12.
Item #13. Items Relating to the Fort Collins Housing Authority.
B. Hearing and_First Reading of Ordinance No. 59, 1
Item #14.
Item #15.
Service Fund for Expenditure in 1991.
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Item #26.
Item #27.
Item #28.
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, Fromme, Kirkpatrick, Maxey and Winokur. Nays:
None.
Ordinance No. 60, 1991
Appropriating $400,000 from
Existing Reserves in the Special
Assessments Debt Service Fund for
Expenditure in 1991, Adopted on First Reading
The following is staff's memorandum on this item.
"EXECUTIVE SUMMARY
' This Ordinance appropriates $400,000 from the Designated Reserve for Special
Improvement Districts for the purpose of paying the interest portion of the debt
service attributable to properties on which the City holds certificates of
purchase. The Designated Reserve has a fund balance of $1,417,532.21. Adoption
of this Ordinance will bring the fund balance to $1,017,532.21.
FINANCIAL IMPACT
This Ordinance would provide money to pay the interest portion of the debt
service on special improvement district bonds. This 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 currently
holds 107 certificates representing $7,217,963 in face value, the principal
component of which is $4,188,000. This amount corresponds to an equal amount
of special improvement district bonded indebtedness.
Adoption of this Ordinance would allow the Financial Officer to spend $400,000
from the Designated Reserve for Special Improvement Districts to pay the interest
portion on the debt represented by the certificates of purchase.
I:7fiP{eliil/J;UA
Last year the Council appropriated $1.6 million from Undesignated Reserves in
the General Fund to create a Designated Reserve for Special Improvement
Districts. The purpose of the reserve is to pay the interest portion of the debt
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attributable to properties on which the City holds certificates of purchase.
This is necessary so that the principal amount of assessments received by the '
City will not be used to cover the interest attributable to properties whose
owners have defaulted. This way, principal paid will be used to call bonds and
reduce the debt. The money advanced by the Designated Reserve is expected to
be reimbursed once the certificates are redeemed or the property is deeded to
the City and subsequently sold.
Analysis of the Designated Reserve
Original Reserve Created 4190 $1,600,000.00
1990 Authorization $ 465,000.00
1990 Interest Expenses Not Covered by Assessment Payments:
SID 77 Original Boardwalk 14,467.39
SID 81 Provincetowne/Portner 92,916.72
SID 86 South Lemay 173,282.28
Total Amount Used in 1990 $ 280,666.39
Balance of 1990 Authorization S 184,333.61
Balance of Original Reserve $1,135,000.00
Unspent 1990 Authorization 184,333.61
Interest Earned 1990 82,434.13
Interest earned 1991 to Date 15,764.47
Balance of Reserve $1,417,532.21 '
Projected Authorization for 1991
400,000.00
Balance of Reserve in 1991 $1,017,532.21
Deed Applications
The Colorado Revised Statutes require the City to hold the tax certificates for
three years before applying for a Treasurer's Deed to the property. In November
of this year the City will apply for the deeds to 11 properties, the tax
certificates on which total $1.5 million, of which $897,000 is principal. If
the certificates are not redeemed by a party - in- interest, the City will market
the properties and upon sale repay the Designated Reserve for any money advanced
on behalf of those properties."
Councilmember Winokur made a motion, seconded by Councilmember Fromme, to adopt
Ordinance No. 60, 1991 on First Reading.
Councilmember Winokur questioned if there were any particular SID's involved in
the authorization.
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Finance Director Alan Krcmarik spoke of the delinquent SID's and stated he would
keep the Finance Committee informed of the process.
Bruce Lockhart, 2500 E. Harmony Road, spoke to the ordinance.
The vote on Councilmember Winokur's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Fromme, Kirkpatrick, Maxey and Winokur. Nays: None.
THE MOTION CARRIED.
Staff Reports
City Manager Steve Burkett noted an additional resolution relating to public
housing was included in the agenda packets.
Resolution 91-80
Directing the Cultural Resources
Board to Facilitate the Development of a
Community -wide Cultural Plan. Adopted as Amended
The following is staff's memorandum on this item.
"EXECUTIVE SUMMARY
Earlier this year Council requested the Cultural Resources Board to develop a
city-wide cultural plan. This resolution authorizes the Cultural Resources Board
to begin the planning process which is described in the attached memo."
Councilmember Azari made a motion, seconded by Councilmember Fromme, to adopt
Resolution 91-80.
Director of Cultural, Library and Recreation Services Mike Powers presented
background information on this item and urged Council to adopt the resolution.
Jane Folsom, Chairperson of the Cultural Resources Board, reported the Board
received a $7,500 planning grant from the State Council on Arts and Humanities.
She requested Council give the Board authorization to begin the planning effort,
and commented that there might be a need for monetary assistance in the future.
Folsom spoke of the Cultural Resources Board's position in the process and of
the assembling of a task force. She stated the task force would be compiled from
members of the Steering Committee, community and small organizations.
Councilmember Azari expressed concern that the volunteer board would be advisors
to staff and requested that the Board report to Council regarding the structure
of the task force.
Mike Powers clarified staff support would not be available for the plenary
process.
Councilmember Fromme supported the resolution and said she would like to see more
of a leadership role from the Cultural Resources Board. She urged the Board to
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hire a local consultant if one is needed to formulate the plan, and added she
felt the planning process could be accomplished without the use of a consultant. '
Councilmember Edwards supported the resolution.
Councilmember Azari stated she supported the resolution and believed it was a
great opportunity to expand culture and the arts in Fort Collins.
Mayor Kirkpatrick expressed the need for a strategy as well as clear direction.
She offered an amendment, seconded by Councilmember Edwards, to delete Section
2 of the resolution.
Councilmember Fromme offered an amendment in the second "WHEREAS" paragraph
changing the word "community" to "the Cultural Resources Board".
THE MOTION DIED DUE TO LACK OF A SECOND.
The vote on Mayor Kirkpatrick's amendment was as follows: Yeas: Councilmembers
Azari, Edwards, Fromme, Horak, Kirkpatrick, Maxey and Winokur. Nays: None.
THE MOTION CARRIED.
The vote on Councilmember Azari's motion as amended was as follows: Yeas:
Councilmembers Azari, Edwards, Fromme, Kirkpatrick, Maxey and Winokur. Nays:
Councilmember Horak.
THE MOTION CARRIED. '
Ordinance No. 62, 1991, Amending
Chapter 26 of the Code of the City of
Fort Collins Relating to Rates for the
Water and Wastewater Utility. Adopted on First Reading
The following is staff's memorandum on this item.
"EXECUTIVE SUMMARY
This ordinance adjusts the City's non -metered water rate to more accurately
reflect the cost of providing water service to customers who are not metered.
On November 20, 1990, City Council adopted Resolution 90-147 Approving Policies
and Procedures for Compliance with the Water Metering Act of Colorado. Section
10 of that Resolution stated "that the City's existing non -metered (flat) water
rate does not accurately reflect the cost of providing non -metered water service
to single family homes and duplexes and that the non -metered rate shall be
adjusted via separate rate ordinance to reflect current cost of service before
July 1, 1991."
Currently, the non -metered water charge is the same for all customers with a lot
area between 6,000 and 9,000 square feet. Approximately 53% of the City's non -
metered customers have a lot area between 6,000 and 9,000 square feet. The
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proposed ordinance eliminates the uniform monthly water charge for these
' customers. Under the proposed non -metered rate, all non -metered customers would
pay a monthly charge proportional to the size of their lot.
The proposed rate change would increase the non -metered monthly water bill for
an average customer (lot area = 8,600 square feet) from $23.32 to $25.16, an
increase of 7.89%. The largest increase would be for customers with a lot area
of 9,000 square feet; their monthly charge would increase by 9.77%, from $23.32
to $25.60. Monthly charges for customers with lots between 5,000 and 6,000
square feet, and larger than 11,000 square feet would decrease under the proposed
non -metered rate.
The proposed non -metered rate is designed to generate the same amount of revenue
from the 19,400 non -metered customers receiving City water service ($6,124,000
in 1991).
The last adjustment to the non -metered rate was on January 1, 1991, when the
monthly charge for all non -metered customers increased by 6.OY.
At its May 2 meeting, the Water Demand Management Committee reviewed the proposed
ordinance and recommended adoption.
Staff will be preparing a press release describing the proposed change. A notice
will also be sent to customers during the July/August billing cycle."
Linda Burger of the Water Utility Department gave a presentation on this item
' clarifying the purpose of the ordinance is to more accurately reflect the cost
of service to the customer.
Councilmember Edwards made a motion, seconded by Councilmember Maxey, to adopt
Ordinance No. 62, 1991 on First Reading.
Burger answered Council questions with regard to the cost of water fees based
on lot sizes and reported on the development of incentive programs which would
improve the volunteer metering process.
Bruce Lockhart, 2500 E. Harmony Road, said that citizens should have been
informed of increased rates prior to the rates being raised and noted rates for
some citizens had been raised twice in one year.
Councilmember Horak spoke in support of the ordinance and requested a comparison
of nonmetered and metered rates.
The vote on Councilmember Edwards' motion was as follows: Yeas: Councilmembers
Azari, Edwards, Fromme, Horak, Kirkpatrick, Maxey and Winokur. Nays: None.
THE MOTION CARRIED.
Pill
Ordinance No. 63, 1991,
Repealing Section 17-103 Pertaining '
to Ball Playing. Adopted on First Reading
The following is staff's memorandum on this item.
"EXECUTIVE SUMMARY
The proposed Ordinance, if adopted, would repeal the existing prohibition in
the City Code against ball playing upon any public street, alley or sidewalk.
While the ordinance has been used on occasion to address particular situations
in which large numbers of persons have congregated on busy streets, Police
Services advises that repeal of the Ordinance would not appear to present any
significant risk to the public health, safety or welfare.
BACKGROUND:
The prohibition against ball playing was originally adopted in 1909 as a portion
of a larger ordinance which also prohibited the throwing of missiles and
"engaging in any practice, sport or exercise having a tendency to frighten
horses, or other animals, or to annoy persons passing in the streets, or on the
sidewalks of the City of Fort Collins." At present, a separate Code provision
(Section 17-102) prohibits the throwing of missiles at any vehicle, building or
person in any public place. In view of the separate treatment of the concern
presented by the other portions of the original ordinance, Council may consider
that the prohibition against ball playing upon streets and sidewalks is no longer
necessary in the interest of public safety." '
Councilmember Winokur made a motion, seconded by Councilmember Horak, to adopt
Ordinance No. 63, 1991 on First Reading.
City Attorney Steve Roy responded to Council questions and outlined activities
of a similar nature that were also prohibited by ordinance.
The vote on Councilmember Winokur's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Fromme, Horak, Kirkpatrick, Maxey and Winokur. Nays: None.
THE MOTION CARRIED.
Ordinance No. 64, 1991, Authorizing the
City Manager to Enter into an Agreement
for the Financing by Lease Purchase of Real
Property and Improvements located at 2554
Midpoint Drive Fort Collins. Colorado, Adopted
The following is staff's memorandum on this item.
"EXECUTIVE SUMMARY
The purchase price is $351,930. The property would be financed by Norwest
Investment Services, Inc. at a rate of 7.08% for 10 years. Police Services has
the lease purchase payment in its base budget. The impact of this lease purchase '
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'
financing will be an increase in the percentage of debt payments as compared to
total general operating expense by 1110th of a percent.
This Ordinance authorizes the City Manager to enter into a lease
purchase
agreement with the Norwest Investment Services, Inc. to acquire
the
Marksman
Shooting Range. Council authorized the City Manager to purchase
the
Marksman
Range during the 1991 budget process. The City is currently leasing
the
Marksman
Range from Dean Crockett Pitcairn and recommends lease/purchasing
the
property
now to reduce the financial impact.
BACKGROUND:
The options analyzed for acquisition of the Range, rather than continuing the
lease, were outright purchase and lease purchase. The least costly long term
method of acquisition is lease purchase; however, the trade off is a continued
commitment for 10 years. The reasons for this recommendation are:
1. The lease/purchase payments are currently budgeted
in the Police Services budget;
2. Lease/purchase is affordable and least costly in the
long run than continuing to lease; and,
3. No funds are budgeted or available for outright purchase.
The negotiated agreement with Norwest provides assurances which make the
lease/purchase method flexible:
o If the financing interest rate should drop, the City would have
the opportunity to refinance to take advantage of a reduced
interest rate; and/or
o The City could purchase the property at any quarterly payment
date without penalty if the interest earnings on investments
should fall and funds are available.
The ]ease/purchase does not adversely impact the City's credit rating. Based
on financial realities, staff recommends purchasing the Marksman Shooting Range
using the financial package offered by Norwest Investment Services, Inc.
Attached is detailed information supporting the need for the facility and how
it will be used by Police Services and others."
Councilmember Edwards withdrew from discussion on this item due to a perceived
conflict of interest.
General Services Director Tom Frazier gave a presentation on this item. He
outlined the lease/purchase option and urged Council to allow the City Manager
to enter into a lease/purchase agreement with Norwest.
Councilmember Maxey made a motion, seconded by Councilmember Azari, to adopt
Ordinance No. 64, 1991 on First Reading.
' Frazier clarified the agreement would be contingent upon incoming revenues.
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Police Chief Fred Rainquet responded to Council questions and stated he believed '
other agencies might be limited to the usage of the facility due to budget
constraints.
Division Commander Bud Reed spoke of a meeting with the County between 1988-90
in which the County indicated it was not interested in becoming a co-owner of
the facility.
Bruce Lockhart, 2500 E. Harmony Road, stated he would like to see the shooting
range available to the public and hoped it would remain in the public sector.
Councilmember Horak stated he would like to speak with other agencies regarding
their interest in a shooting range since it had been sometime since they were
contacted on this issue. He commented the price charged for other agencies using
the facility should reflect the cost of providing the service.
Mayor Kirkpatrick stated she supported the ordinance and noted the finance
package was in the best interest of the taxpayer. She felt the Police Training
Facility was important for community safety.
Councilmember Azari spoke in support of the ordinance and requested frequent
reports on the financing. She believed the facility should be purchased
outright.
The vote on Councilmember Maxey's motion was as follows: Yeas: Councilmembers
Azari, Fromme, Horak, Kirkpatrick, Maxey and Winokur. Nays: None. '
(Councilmember Edwards withdrawn)
Other Business
Resolution 91-82 Approving Application
The following is staff's memorandum on this item.
"EXECUTIVE SUMMARY
This Resolution will approve an application for a preliminary loan for low -rent
public housing. Such approval by Council is required before the Secretary of
Housing and Urban Development can contract with a local housing authority for
a preliminary loan. The Resolution restates established City Council policies
regarding the elimination of substandard and inadequate housing, the prevention
of slum and blight, and the goal of a decent home and a suitable living
environment for Fort Collins citizens.
The Resolution also states that private enterprise is unable to adequately
provide low rent housing. The loan approved by the Resolution would provide
funds in the amount of $400,000 for planning and survey development of
approximately 150 dwelling units.
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This item is being submitted as an Other Business item since the information
received from HUD on May 15 indicated the loan application deadline is May 28.
It was therefore too late to meet the agenda printing deadline and to be included
in the agenda as a regular item.
The matter will be considered by the Housing Authority on Monday, May 20, and
its recommendation is expected to be affirmative. A memo stating the Housing
Authority position will be forwarded to Council prior to the Tuesday meeting."
Housing Authority Director Dave Herrera gave a presentation on this item and
reported on project costs stating between 100-150 units will be built.
Councilmember Horak made a motion, seconded by Councilmember Edwards, to adopt
Resolution 91-82.
Councilmember Winokur reported on an Affordable Housing Forum he recently
attended that was sponsored by the Social Justice Committee of St. Joseph's and
stated more than 800 families are currently on waiting lists for affordable
housing. He stated the City needs to continue its forward movement in an effort
to provide affordable housing as the private sector is not meeting those needs.
Councilmember Fromme spoke in support of the Resolution.
The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Fromme, Horak, Kirkpatrick, Maxey and Winokur. Nays: None.
' THE MOTION CARRIED.
Councilmember Maxey reported as Chairperson of the E-911 Telephone Authority,
and gave a brief history of the origination of the E.50 charge on the phone
bills. He noted the public is welcome to attend the open meetings, however,
there is not a public participation portion in the meeting.
Councilmember Azari stated the Poudre R-1 liaisons are working on establishing
an Intergovernmental Agreement. She voiced her concerns that all involved
parties remain informed as to the progress of the agreement.
Councilmember Azari reported she had received correspondence from Senator
Schaffer in which he referred to a Citizens Task Force regarding hazardous waste
burning. She felt it would be beneficial to meet with the Senator to discuss
the City's position on the Holnam Plant and on the hazardous burning issue and
suggested a briefing be conducted for elected representatives outlining the type
of expertise available. She requested the Legislative Review Committee organize
some planning around the issue.
Mayor Kirkpatrick stated she and Councilmember Azari would meet with State
Representatives prior to the beginning of the next legislative session, to keep
them updated on Council's position regarding the burning of hazardous materials
in cement kilns.
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Councilmember Horak spoke of a press release regarding the sales tax issue, he
stated the headlines were misleading and stressed the importance of remaining
straightforward with the public.
Councilmember Winokur concurred with Councilmember Horak.
Adjourned
The meeting adjourned at 9:35 p.m.
Mayor I
ATTEST:
City Clerk
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