HomeMy WebLinkAboutMINUTES-01/15/1985-RegularJanuary 15, 1985
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council -Manager Form of Government
Regular Meeting - 6:30 p.m.
A regular meeting of the Council of the City of Fort Collins was held on
Tuesday, January 15, 1985, at 6:30 p.m. in the Council Chambers in the
City of Fort Collins City Hall. Roll call was answered by the following
Councilmembers: Clarke, Elliott, Horak, Knezovich, Ohlson, Rutstein, and
Stoner.
Staff Members Present: Arnold, Huisjen, Krajicek, Widmer, Lewis, Shannon
Agenda Review: City Manager
City Manager Arnold noted the City had received a request from the appel-
lant to table Item #43, Appeal of the Pier PUD, 5th, to February 19.
He noted staff was requesting Item #15, Items Relating to Spaulding Lane,
be tabled to February 5 and that Item #12, Items Relating to Establishing a
Street Oversizing Line -of -Credit, be withdrawn from the agenda.
Councilmember Rutstein requested Item #22, Items Relating to a Policy on
Offsite Street Improvements, be removed from the Consent Agenda.
Councilmember Knezovich asked that Item #28, Resolution Approving an
Intergovernmental Agreement with the Fort Collins -Loveland Water District
and the South Fort Collins Sanitation District, be withdrawn from the
Consent Calendar.
Bruce Lockhart, 2500 East Harmony Road, asked that Item #32, Resolution
Supporting Mandatory Seatbelt Legislation, be removed from the Consent
Agenda.
Carol Giger, 425 North Whitcomb, requested Item #27, Hearing and First
Reading of Ordinance No. 11, 1985, Changing the Open Market Purchases by
Other Departments from $200 to $500, be withdrawn from the Consent Calendar.
Consent Calendar
This Calendar is intended to allow the City Council to spend its time and
energy on the important items on a lengthy agenda. Staff recommends
approval of the Consent Calendar. Anyone may request an item on this
calendar be "pulled" off the Consent Calendar and considered separately.
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January 15, 1985 '
Agenda items pulled from the Consent Calendar will be considered separately
under Agenda Item 948, Pulled Consent Items, except items pulled by anyone
in the audience or items that any member of the audience is present to
discuss that were pulled by staff or Council. These items will be dis-
cussed immediately following the Consent Calendar.
4. Minutes of the regular meeting of December 18 and adjourned meeting of
January 8.
5. Second Reading of Ordinance No. 190, 1984, Annexing Approximately
33.63 Acres Known as the Corral Annexation.
This ordinance was unanimously adopted on First Reading on December
18. The applicant, Jack Hahn, is requesting annexation of approxi-
mately 33.63 acres located east of South College Avenue, east of the
South 13 Subdivision, and south of the Fossil Creek Meadows Subdivi-
sion. The annexation is a 100% voluntary annexation in that the
applicant is the sole owner of the property. This annexation achieves
its one -sixth contiguity requirement through a common boundary with
the Huntington Mews Annexation.
6. Second Reading of Ordinance No. 191, 1984, Zoning Approximately 33.63
Acres, Known as the Corral Annexation, into the B-P, Planned Business,
Toning District.
This ordinance was unanimously adopted on First Reading on December
18. The applicant, Jack Hahn, is requesting zoning on approximately
33.63 acres, known as the Corral Annexation, into the B-P, Planned
Business, zoning district.
7. Second Reading of Ordinance No. 192, 1984, Annexing Approximately 5.00
Acres Known as the Smith Annexation.
This ordinance was unanimously adopted on First Reading on December
18. The applicant, Mary Ellen Smith, is requesting annexation of
approximately 5.00 acres located south of Harmony Road and south of
the Hewlett Packard plant. The annexation is a 100% voluntary annex-
ation in that the applicant is the sole owner of the property. This
annexation achieves its one -sixth contiguity requirement through a
common boundary with the Harmony Fourth Annexation.
8. Second
Acres
Ton —in q
Reading
nown as
li stri ct
of Ordinance No. 193, 1984, Zonin
the Smith Annexation, Into the B
approximately 5.00
Planned Business
This ordinance was unanimously adopted on First Reading on December
18. The applicant, Mary Ellen Smith, is requesting zoning of a approx-
imately 5.00 acres, known as the Smith Annexation, located south of
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January 15, 1985
Harmony Road and south of the Hewlett Packard plant, to the B-P,
Planned Business, zoning district with a condition that all develop-
ment proceed as a planned unit development.
9. Tabling of the Second Reading of Ordinance No. 194, 1984, Annexing Ap-
proximately 2.96 Acres Known As the Sheridan First Annexation.
This ordinance was unanimously adopted on First Reading on December
18. The applicants, Don and Rosemary Sheridan, are requesting annex-
ation of approximately 2.96 acres (Lot 10, Block 4 of the Lynn Acres
Subdivision) located on Lynn Drive. The annexation is a 100% volun-
tary annexation in that the applicants are the sole owners of the
property. This annexation achieves its one -sixth contiguity require-
ments through a common boundary with the Village Grove Annexation.
The final documents necessary to complete this annexation and zoning
process have not been received. Staff is requesting this item be
tabled to February 5.
10. Tabling of the Second Readin
Approximately 2.96 Acres, Knov
the R-E. Residential Estate. Zc
of Ordinance No
as the Sheridan f
nq District.
195, 1984, Zonin
rst Annexation int
This ordinance was unanimously adopted on First Reading on December
18. The applicants, Don and Rosemary Sheridan, are requesting zoning
on approximately 2.96 acres (Lot 10, Block ^ of Lynn Acres Subdivi-
sion) known as the Sheridan First Annext _:,ito the R-E, Residential
Estate, zoning district.
The final documents necessary to complete this annexation and zoning
process have not been received. Staff is requesting this item be
tabled to February 5.
11. Second Reading of Ordinance No. 196, 1984, Appropriating Unanticipated
Revenue in the DDA Fund to provide for the renovation and upgrading of
pedestrian ways in the downtown.
This ordinance was unanimously adopted on, First Reading on December
18. Early in 1984 the DDA received a number'of inquiries from private
developers seeking financial assistance for sidewalk improvements
around buildings planned for renovation. Such assistance falls within
the scope of services provided by the DDA and sidewalk improvements
are listed as a goal in the Authority's Plan of Development. However,
concerns were raised that a series of unrelated si ewa improvement
efforts could result in a disjointed, patchwork effect. It was
therefore decided to commission the development of guidelines to
govern sidewalk improvements within the DDA district.
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January 15, 1985 '
Plum Street Professional Associates was hired to develop the guide-
lines. The completed document was formally adopted by the DDA in
July.
To finance pedestrian -way improvement projects, the DDA passed a
resolution recommending to City Council an appropriation of $58,500.
This sum is included in the recent $8.2 million tax increment bond
issue.
12. Items Relating to Establishing a Street Oversizing Line -of -Credit.
A. Resolution Establishing a $500,000 Spending Limit to Street
Oversizing Line -of -Credit.
B. Second Reading of Ordinance No. 197, 1984, Establishing a Street
Oversizing Line -of -Credit.
At the time that the City negotiated the street oversizing Line -of -
Credit in the amount of $2,000,000 with the First Interstate Bank of
Fort Collins it was concluded that a $500,000 credit limit would in
most cases be sufficient for the City's purposes of having a temporary
fund available for street improvement projects. However, it was also
concluded that the City might occassionally have a need to draw upon
the Line -of -Credit in some cases where the total would exceed $500,000. '
Therefore, the Line -of -Credit was established at $2,000,000 to give to
the City of Fort Collins an opportunity to use the Line -of -Credit to
its maximum if necessary and desirable. The proposed resolution would
require the City Council to approve any draw against the Street
Oversizing Line -of -Credit which would exceed Five Hundred Thousand
Dollars ($500,000). This Resolution is consistent with the staff
conclusion that a Five Hundred Thousand Dollar ($500,000) limit is
sufficient for the present needs of the City.
Ordinance No. 197, 1984 was unanimously adopted on First Reading on
December 18.
13. Second Reading.of Ordinance No. 198, 1984 Vacating the Right of Way of
Rocky Road.
This 'ordinance was unanimously adopted on First Reading on December
18. The owner of ,the proposed park site, to be purchased by the City
of Fort Collins,',is,requesting the vacation .of right-of-way of Rocky
Road which is situated on the'site.
The right-of-way for Rocky Road, as currently deeded from Mulberry
south to where the street currently exists, does not meet current City
standards. For any development to occur on the Rogers park property,
the street network needs to be redesigned. The Parks staff put
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January 15, 1985
together a conceptual plan of the park for a neighborhood meeting
which shows the street network in this area complete without the need
for this portion of the street. Basically Laurel Street and Pear
Street will be tied into a parking lot to serve the park and Rocky
Road will have a cul-de-sac bulb at the north end.
14. Second Reading of Ordinance No. 199, 1984, Appropriating Undesignated
Reserves in the Transportation Fund for the Purchase of a Tandem Dump
This ordinance was unanimously adopted on First Reading on December
18. The Department of Transportation requests appropriation of $39,535
of undesignated reserves in the Streets and Traffic Divisions' budget
for the purchase of a tandem dump truck. This diesel truck, complete
with a quick hitch latch designed for snow removal, will increase the
efficiency of snow plowing, sanding and hauling as well as assist in
the expeditious repair of potholes. This truck is essential to meet
street repair demands and maintain clear, safe streets during winter
snow storms. The total cost of the truck is $52,640.
15. Items Relating to Spaulding Lane.
' A. Second Reading of Ordinance No. 200, 1984, Amending Chapter 95 of
the Code to Provide for the Reimbursement of City Expenses in e
Constructing the Local Portion of Streets Adjacent to Undeveloped
Land.
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B. Second Reading of Ordinance No. 155, 1984, Authorizing the Trans-
fer of Appropriations Between Capital Projects for the Construc-
tion'of Spaulding Lane.
On December 18, 1984, Ordinance No. 200, 1984 was unanimously adopted
on First Reading. Ordinance No. 155, 1984, was tabled on Second
Reading to this date so that the contribution to the Spaulding Lane
project would clearly become subject to the provisions of Ordinance
No. 200, 1984.
16. Second Reading of Ordinance No. 201, 1984, Adopting 1985 Pay Plan.
The ordinance was unanimously adopted on First Reading on December 18
and will implement the 1985 performance pay plan beginning the first
pay period in January, 1985. The recommended ordinance continues the
City's commitment to our pay for performance.philosophy. The increases
represented in that ordinance are as follows:
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Percent January 15, 1985 '
Increase
Police
6.9%
Fi re
5.9%
Labor/Trades
5.4%
Clerical/Technical
5.3%
Professional/Administrative/
4.6%
Technological
Light & Power Labor/Trades
3.7%
Overall, this is a 5.2% increase in salaries and fringe benefits which
are computed based on the employees' salaries.
17. Hearing and First Reading of Ordinance No. 1, 1985, Annexing Approxi-
mately 16.25 Acres Known as Springbrook Two Annexation.
The applicant, Charles Burchfield, is requesting annexation of approx-
imately 16.25 acres located on the northeast corner of Taft Hill Road
and Hull Street, south of Drake Road. The request is a 100% voluntary
annexation. Both property owners are in agreement with the request.
The annexation achieves its one -sixth contiguity requirement via
common boundaries with Springbrook Annexation.
18. Hearing and First Reading of
mately 16.25 Acres, Known as S
Planned Residential, Zoninq Dis
Ordinance No. 2, 1985, Zoning Approxi-
ringbrook Two Annexation into the R-P,
r
The applicant, Charles Burchfield, is requesting zoning on behalf of
the property owners for approximately 16.25 acres known as Springbrook
Two Annexation. Inclusion into the R-P, Planned Residential, zoning
district 'is requested.
Staff has reviewed the requested R-P zoning and feels that it is in
conformance with the City's Comprehensive Plan.
19. Hearing and First ReKnoading of Ordinance No. 3, 1985, Changing Zoning
Conditions on Property Known as Scenic Views PUD.
The City has initiated this request with the approval of Blair Kiefer,
the property owner. It has been the policy of the Planning Department
to initiate requests of this 'nature, where conditions imposed prior to
adoption of the Land Development Guidance System are no longer valid.
The 22.805 acre site was originally 'zoned R-L, Low Density Residen-
tial. A zone change to Conditional R-P was approved by the Planning
and Zoning Board on March 24, 1980 and by City Council on April 29,
1980. The conditions attached to the rezoning are:
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January 15, 1985
1. That the property be developed to no greater density than 8.5
dwelling units per acre as the term "dwelling unit" is defined in
the Zoning Ordinance of the City of Fort Collins;
2. That the property be developed as a Planned Unit Development as
the term "P.U.D." is defined in the Zoning Ordinance of the
City of Fort Collins;
3. That the 40 square foot per dwelling unit commercial allotment
permitted in Planned Unit Developments not be utilized.
Removal of conditions No. 1 and No. 3 is recommended.
Removal of the condition limiting density to 8.5 du/acre will allow
development consistent with the Land Development Guidance .System.
20. Hearing and First Reading of Ordinance No. 4, 1985, Setting Require-
ments for Naming all New Arterial and Collector Streets.
Development this year has been occurring away from the center of the
City where arterials and future collectors are currently unnamed or
' have only County Road number designation. Staff feels that the City
should be instrumental in naming such soon -to -be -important streets
and, as a result, set up the attached requirements for naming such
streets. The Ordinance specifies that a list of names of prominent
citizens who the City would like to honor posthumously will be ap-
proved by Council Resolution. A list was compiled with the help of
Charlene Tresner, Local History Coordinator of the Fort Collins Public
Library, and Mary Katsimpalis of Colorado State University, as well as
numerous long-time City employees. The resolution approving the list
of street names will be scheduled for Council consideration at the
February 5th meeting.
21. Items Relating to the Appraisal of Properties in the Fort Collins/
Loveland Corridor.
A. Resolution Authorizing the Mayor to Enter into an Intergovern-
mental Agreement Between the City of Fort Collins and Larimer
County Concerning the Appraisal of Properties Located in the Fort
Collins/Loveland Corridor Area.
B. Resolution Authorizing the Mayor to Enter into an Intergovern-
mental Agreement Between the City of Fort Collins and the City of
Loveland Concerning the Appraisal of Properties Located in the
Fort Collins/Loveland Corridor Area.
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January 15, 1985 '
C. Hearing and First Reading of Ordinance No. 5, 1985, Being an
Ordinance Appropriating Unanticipated Revenue in the Conservation
Trust Fund.
The Corridor Task Force identified the need to obtain a professional
cost estimate of properties in the corridor area in order to properly
evaluate alternative strategies for maintaining the corridor as open
space. Following an RFP process, the firm of Bowes and Company in
Denver was selected by the Task Force to develop the preliminary
appraisal for a cost not to exceed $15,000. It was agreed by the Task
Force members that the cost of the appraisal would be shared equally
by Fort Collins, Loveland and Larimer County.
To expedite start-up of the appraisal, Fort Collins contracted direct-
ly with Bowes and Company for the full $15,000 with the understanding
that Loveland and the County would each reimburse Fort Collins for
one-third of the appraisal cost, not to exceed $5,000.
22. Items Relating to A Policy on Offsite Street Improvements.
A. Resolution Adopting an Offsite Street Improvement Policy.
B. Hearing and First Reading of Ordinance No. 6, 1985, Amending
Section 99-6 of the Code of the City of Fort Collins Regarding '
Improvements to Offsite Streets.
Since Council passed the Offsite Street Ordinance on November 3, 1981,
there has been much confusion on the part of Developers concerning
their responsibilities regarding the Ordinance. Staff developed
a policy and presented it to the Planning and Zoning Board at their
October 22nd meeting. Both staff and the Board feel that this policy
needs to be endorsed by Council because it establishes a procedure for
varying an ordinance. The procedure has been used in reviewing one
variance request and all parties involved agreed that it was compre-
hensive in viewing all City concerns and fair to all parties.
The Offsite Street Ordinance itself needs to be clarified in regard to
the extent of the offsite street improvements required. Staff has
proposed these revisions to accomplish this.
23. Hearing and First Reading of Ordinance No. 7, 1985, Authorizing the
Transfer of Appropriated Amounts from the General Fund to the Capital
Projects Fund or Additional Renovation Work at the Library.
The renovation of the Library was funded at $103,000 through the
additional one -quarter cent sales tax program. During the preliminary
design phase, additional items were identified which should be com-
pleted during this renovation. These additional items are:
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' January 15, 1985
1) first floor lighting upgrade;
2) balance HVAC first floor;
3) additional exhaust second floor;
4) growth of original electrical estimate;
5) growth of original general construction estimate; and
6) additional case work.
24. Hearing and First Reading of Ordinance No. 8, 1985, Appropriating
Prior Year Reserves in the SAVE Fund and Authorizing the Payment c
Unexpended Appropriations in the SAVE Fund to the REACH Program.
From 1980 through 1982, the City, through a series of grants, was able
to conduct a project to Save America's Vital Energy (SAVE).
Since 1982, SAVE has been unable to obtain additional grant funds, and
the project has been discontinued. During the same time, additional
interest has been earned, leaving the fund with a balance of $9,173.04
at the end of 1984.
Staff feels that, because the service provided by REACH is the same as
SAVE's during its existence, giving the unspent funds of $9,173.04 to
the REACH program would be appropriate at this time. This amount would
' finance the weatherization of 70 additional homes at the current
average cost of $130 per home.
Of the $9,173.04 available in the SAVE Fund, only $3,535.04 has
previously been appropriated. This ordinance appropriates the other
$5,638.00 from prior year reserves in the Fund, and authorizes
the total to be paid to the REACH program.
25. Hearing and First Reading of Ordinance No. 9, 1985, Appropriating
Unanticipated Revenue of 3,000 in the Transportation Fund for the
SAINT, a volunteer transportation service matching seniors (60+) in
need of transportation with volunteer drivers, has received a $3,000
grant from the Gannett Foundation for program operations. This
ordinance appropriates the $3,000 of unanticipated grant revenue in
the Transportation Fund for the SAINT program.
26. Hearing and First Reading of Ordinance No. 10', 1985, Amending Chapter
6 o t o Code of t o Ctty of Fort Collins. -
The City Code provides, in Section 16-6, that the Council must, with
regard to the creation of Special Improvement Districts, publish
notice indicating the kind of improvements, the manner of assessment,
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January 15, 1985 ,
interest rates, boundaries, total probable cost and the time of
hearing for the consideration of the creation of the District.
Presently the Code provides that the hearing for the consideration of
the establishment of the District must be held not less than thirty
(30) days after the first publication nor more than sixty (60) days
thereafter. It is the opinion of the City Attorney's Office that
reasonable due process would not be denied to an interested person if
the time period between first publication and hearing were shortened
to twenty (20) days. Accordingly, this ordinance amends Section 16 to
shorten the time from thirty (30) days to twenty (20) days.
27. Hearinq and First Readinq of Ordinance No. 11. 1985. Chanqinq the Open
rchases by Other Departments
to
In 1984 a Purchasing System Review was performed by Main Hurdman.
Among the recommendations made to improve the efficiency of the City's
purchasing operation is the raising of the mini order limit from $200
(set by Ordinance in 1979) to $500. This is the amount of open market
purchases which may be made by departments without going through the
Purchasing Division. A $500 limit will provide greater flexibility
for users, while not materially increasing exposure to the City.
28. Resolution Approving an Intergovernmental Agreement with the Fort I
Collins -Loveland Water District and the South Fort Collins Sanitation
District-
On April 20, 1982, the City, Fort Collins -Loveland Water District and
South Fort Collins Sanitation District entered into an intergovern-
mental agreement, for a period of one year, for the purpose of pro-
viding water and sewer utility service in a cost effective manner to
customers within the southern portion of the Fort Collins Urban Growth
Area. The terms of the agreement provided for: (1) establishment of
an interim service boundary; (2) creation of a steering committee and
vesting of authority therein; (3) postponement of any and all lawsuits
from April 21, 1982 through April 21, 1983; and, (4) the preparation
of a master plan.
On May 17, 1983, the intergovernmental agreement was extended for one
year and on May 17, 1984, the agreement expired. At that time it was
the consensus of the steering committee to develop a new agreement and
the City Attorney, attorneys representing the Districts, and District
and City staff members proceeded to draft a new agreement. On Novem-
ber 26, 1984, the new draft agreement was reviewed by the Steering
Committee and, after a few minor changes, the agreement was approved
by a unanimous vote. On December 21, 1984, the draft agreement was
reviewed by the Fort Collins Water Board and, with only one minor
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January 15, 1985
change, the agreement was approved by a unanimous vote. The District
and the City staff discussed the one minor change made by the Water
Board, with the Steering Committee members and, in the spirit of
cooperation, all consented to the change.
29. Resolution Approving the Contract with Engineering Design and Manage-
ment, Inc. of St. Louis, Missouri for the Completion of the Building
Sufficiency study.
During the 1985 budget process, staff submitted a request for funding
for a building sufficiency study. The study would do a complete
building/equipment inventory, identify costs related to recommended
repair/replacement of major building components, estimate life expec-
tancy of major equipment, evaluate existing staffing, project future
staffing, project major building maintenance, and develop a complete
preventive maintenance procedure system.
We mailed an RFP in October 1984 and we received six replies. In
reviewing the submittals, we elected to interview five firms. They
were Griner Engineering, Inc. of Tuscon, Arizona; Roy Jorgensen
Associates, Inc. of Gaithersburg, Maryland; SCS Engineering of Bell-
vue, Washington; Downing and Leach of Boulder, Colorado; and Engineer-
ing Design and Management of St. Louis, Missouri. At the end of the
interviews, we found Engineering Design and Management to be the firm
we would like to do the work. We felt there were three firms that
were very well qualified to do the work, but EDM was the only firm
that could do it within -the $35,000 budget.
30. Resolution Authorizing the City to Enter into a Cooperative Agreement
wltn Larimer tountY Tor the use oT the Llty's Unlmoq ano snow Lucter
or Jprinq JnoW Kemoval on uountY KoadS.
In September of 1984, the Equipment Services division purchased a
Unimog tractor and a Schmidt snow cutter for use in removing snow from
City streets. An additional planned usage of this equipment was
spring snow removal on certain mountainous roads in Larimer County.
The cooperative agreement between the City and County will call for
the City to provide this equipment, along with an operator, to the
County at some mutually -agreed on time during the spring of every
year. All expenses associated with the operation of the equipment,
including operator, fuel, parts, repair labor, and replacement set -
aside will be billed to the, County at the City's cost by the Street
department. The estimated annual usage on County roads is 1-2 weeks.
The cooperative agreement will include a statement to the effect that
should the equipment be needed in the City while working in the
mountains, the City's need will take priority and the County work will
be delayed accordingly.
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31. Resolution Approving the Noel Assignment of Lease. January 15, 1985 I
On December 4, 1984, Council passed a Resolution approving the pur-
chase of three parcels from willing sellers in Block 31. In addition,
Ordinances approving the City's share of the $2.4 million dollar
City/County center fund as well as appropriating both City/County
monies for the fund were passed. Second readings occurred on December
18th. Lastly, the Larimer County Commissioners approved the First
Interstate Agreement of Sale and Purchase on December 17, 1984, and
the Miscio and Noel contracts on January 2, 1985. The Noel Assignment
of Lease was also approved by the County on January 2nd.
Two items of business remain before the City and County car. close un
the three parcels:
1) the routine administrative action of each entity depositing their
share of the $2.4 million dollars in the City/County fund by
January 15, 1985; and
2) favorable action taken by the City Council on the negotiated
Assignment of Lease for Noel.
32. Resolution Supporting Mandatory Seatbelt Legislation. '
In July, 1984, the Colorado Coalition for Seatbelt Use was formed
which is made up of state and local organizations interested in a
mandatory seatbelt law. The Coalition is led by the medical com-
munity. The Coalition is actively involved in a drive for the passage
of a mandatory seatbelt law in Colorado.
Passage of this resolution and the forwarding of the same to the State
Legislature will assist the Coalition in informing the Legislature
that mandatory seatbelt legislation is supported by municipal govern-
ments and the public in general.
33. Resolution Establishing Additional Policies Regarding Boards and
Commissions.
In November, 1984, Mayor Horak requested that Staff bring back to
Council a policy requiring written correspondence from the Council
when a recommendation from a Board or Commission is acted upon by
Council and a policy addressing funding for Boards and Commissions
members attendance at State and National Association meetings.
This resolution establishes both of these policies and places the
responsibility of advanced funding planning on the department assigned
to staff a particular Board or Commission.
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' January 15, 1985
34. Consider 1984 Annual Report for the Liquor Licensing Authority.
As required by the City Code, the Liquor Licensing Authority has
prepared its Annual Report for 1984. This report shows the number of
applications for licenses acted upon, the number of licenses granted
and denied, and all other actions the Board has taken during the
year.
35. Routine Deeds and Easements.
The following are routine deeds and easements which have been reviewed
and approved by affected staff and the legal department:
a) The Southland Corporation agreed to dedicate additional right of
way and to widen the streets adjacent to their property, as a part
of a project to remodel their 7-11 store at Mulberry and Shields.
The street widening project was completed this summer, as a joint
City/ developer project. This Deed of Easement for an additional
8' of right of way on Mulberry and an additional 4' of right of
way on Shields (a total of 1589 square feet) is being conveyed to
the City for the sum of $10. This is the last transaction needed
to closeout the project.
' b) Dedication of easement from James V. Mucklow for the construction
and maintenance of a sanitary sewer line which will contain a City
maintained sewer main to serve his property in Observatory Heights.
The consideration is $10.
Ordinances on Second Reading were read by title by Wanda Krajicek, City
Clerk.
Item #5. Second Reading of Ordinance No. 190, 1984, Annexing Approximately
33.63 Acres Known as the Corral Annexation.
Item #6. Second Reading of Ordinance No. 191, 1984, Zoning Approximately
33.63 Acres, Known as the Corral Annexation, into the B-P,
Planned Business, Zoning District.
Item #7. Second Reading of Ordinance No. 192, 1984, Annexing Approximate]
5.00 Acres Known as the Smith Annexation.
Item #8. Second Reading of Ordinance No. 193, 1984, Zoning Approximatel
00 cres Known as the Smit nnexation, Into the B-P, P anne
Business Zoninq District.
Item #9. Tabling of the Second Reading of Ordinance No. 194, 1984, Annex-
ing Approximately 2.96 Acres Known As the Sheridan First Annexa-
tion.
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January 15, 1985
Item #10. Tabling of the Second Reading of Ordinance No. 195, 1984,
Approximately 2.96 Acres, Known as t e eridan First Ann
into the R-E, Residential Estate, Zoninq District.
Item #11. Second Reading of Ordinance No. 196, 1984, i
cipated Revenue in the ODA Fund to provide fi
upgrading of pedestrian ways in the downtown
Zoning
xation
ropriating Unanti-
t e renovation and
Item #12. B. Second Reading of Ordinance No. 197, 1984, Establishing a
Street Oversizing Line -of -Credit.
Item #13. Second Reading of Ordinance No. 198, 1984 Vacating the Right of
Item #14. Second Reading of Ordinance No. 199, 1984, Appropriating Undesig-
nated Reserves in the Transportation Fund for the Purchase of a
Tandem Dump Truck.
Item #15. A. Second Reading of Ordinance No. 200, 1984, Amending Chapter
95 of the Code to Provide for the Reimbursement of City
Expenses in Constructing the Local Portion of Streets Adja-
cent to Undeveloped Land. '
B. Second Reading of Ordinance No. 155, 1984, Authorizing the
Transfer of Appropriations Between Capital Projects for the
Construction of Spaulding Lane.
Item #16. Second Reading of Ordinance No. 201, 1984, Adopting 1985 Pay
an.
Ordinances on First Reading were read by title by Wanda Krajicek, City
Clerk.
Item #17. Hearing and First Reading of Ordinance No. 1, 1985, Annexing
Approximately 16.25 Acres Known ,as Springbrook Two Annexation:
Item #18. Hearing and First Reading of Ordinance No. 2, 1985, Zoning
Approximately 16.25 Acres, Known as Sprinobroo wo nneMMN
into the R-P, Planned Residential, Zoning District.
Item #19. Hearing and First Reading of Ordinance No. 3, 1985, Changing
Zoning Conditions on Property Known as Scenic Views PUD.
Item #20. Hearing and First Reading of Ordinance No. 4, 1985, Setting
Requirements for Naminq all New Arterial and Collector Streets.
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IJanuary 15, 1985
1
Item #21. C. Hearing and First Reading of Ordinance No. 5, 1985, Being an
Ordinance Appropriating Unanticipated Revenue in the Conser-
vation Trust Fund.
Item #22. B. Hearing and First Reading of Ordinance No. 6, 1985, Amending
Section 99-6 of the Code of the —City of Fort Collins Regard-
ing Improvements to Offsite Streets.
Item #23. Hearing and First Reading of Ordinance No. 7, 1985, Authorizing
the Transfer of Appropriated Amounts from the General Fund to the
Capital Projects Fund for Additional Renovation Work at the
Library.
Item #24. Hearing and First Reading of Ordinance No. 8, 1985, Appropriating
Prior Year Reserves in the SAVE Fund and Authorizing the Payment
of Unexpended Appropriations in the SAVE Fund to the REACH
Program.
Item #25. Hearing and First Reading of Ordinance No. 9, 1985, Appropriating
Unanticipated Revenue of $3,000 in the Transportation Fund for
the SAINT Program.
Item #26. Hearing and First Reading of Ordinance No. 10, 1985, Amending
rhAntor 1F of tho rnrio of tho rit,, of Fn r+ rnlline
Item #27. Hearing and First Reading of Ordinance No. 11, 1985, Changing the
Open Market Purchases by they Departments from 200 to $500.
Councilmember Rutstein made a motion, seconded by Councilmember Elliott,
to adopt and approve all items not removed from the Consent Calendar.
Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Ohlson, Rutstein,
and Stoner. Nays: None.
THE MOTION CARRIED.
Items Relating to Establishing a
Street Oversizing Line -of -Credit
Following is the staff's memorandum on this item:
"A. Resolution Establishing a $500,000 Spending Limit to Street Oversizing
Line -of -Credit
B. Second Reading of Ordinance No
Oversizing Line -of -Credit.
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197, 1984, Establishing a Street
January 15, 1985
At the time that the City negotiated the street oversizing Line -of -Credit
'
in the amount of $2,000,000 with the First Interstate Bank of Fort Collins
it was concluded that a $500,000 credit limit would in most cases be
sufficient for the City's purposes of having a temporary fund available for
street improvement projects. However, it was also concluded that the City
might occassionally have a need to draw upon the Line -of -Credit in some
cases where the total would exceed $500,000. Therefore, the Line -of -
Credit was established at $2,000,000 to give to the City of Fort Collins
an opportunity to use the Line -of -Credit to its maximum if necessary and
desirable. The proposed resolution would require the City Council to
approve any draw against the Street Oversizing Line -of -Credit which would
exceed Five Hundred Thousand Dollars ($500,000). This Resolution is
consistent with the staff conclusion that a Five Hundred Thousand Dollar
($500,000) limit is sufficient for the present needs of the City.
Ordinance No. 197, 1984 was unanimously adopted on First Reading on Decem-
ber 18."
City Attorney Huisjen read an amendment to the first paragraph on page 5 of
the Ordinance as follows:
"The holder of this Note shall be obligated to provide funds
under the terms of this Note in the denomination of $100,000 or
any integral multiple thereof, but at no time to exceed an
outstanding principal amount of $2,000,000, upon demand by the I
City."
Luke Santangelo, Fischer, Brown, Huddleson & Gunn, responded to Council's
questions on the Ordinance and Resolution.
Councilmember Knezovich made a motion, seconded by Councilmember Ohlson, to
adopt Resolution 85-13.
Councilmember Knezovich noted he felt this Resolution was worthwhile since
it called Council's attention to when the $500,000 credit limit was reached
and would allow Council to authorize further draws at that time.
The vote on Councilmember Knezovich's motion to adopt Resolution 85-13 was
as follows: Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich,
Ohlson, Rutstein, and Stoner. Nays: None.
THE MOTION CARRIED.
Councilmember Knezovich made a motion, seconded by Councilmember Elliott,
to adopt Ordinance No. 197, 1984, including the amendments read by City
Attorney Huisjen. Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich,
Ohlson, Rutstein, and Stoner. Nays: None.
THE MOTION CARRIED.
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1
January 15, 1985
Items Relating to a Policy
on Offsite Street Improvements
Following is the staff's memorandum on this item:
"A. Resolution Adopting an Offsite Street Improvement Policy.
B. Hearing and First Reading of Ordinance No. 6, 1985, Amending Section
99-6 of the Code of the City of Fort Collins Regarding Improvements to
Offsite Streets.
Since Council passed the Offsite Street Ordinance on November 3, 1981,
there has been much confusion on the part of Developers concerning their
responsibilities regarding the Ordinance. Staff developed the attached
policy and presented it to the Planning and Zoning Board at their October
22nd meeting. Both staff and the Board feel that this policy needs to
be endorsed by Council because it establishes a procedure for varying
an ordinance. The procedure has been used in reviewing one variance
request and all parties involved agreed that it was comprehensive in
viewing all City concerns and fair to all parties.
The Offsite Street Ordinance itself needs to be clarified in regard to the
extent of the offsite street improvements required. Staff has proposed the
attached revisions to accomplish this."
Councilmember Rutstein made a motion, seconded by Councilmember Elliott,
to adopt Resolution 85-3.
Councilmember Rutstein felt there should be an opportunity to discuss this
policy in pubtic and to have additional Council questions answered.
Mayor Horak suggested Curt Smith provide a briefing memo addressing the
concerns expressed by Councilmember Rutstein.
The vote on Councilmember Rutstein's motion to adopt Resolution 85-3 was as
follows: Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Ohlson,
Rutstein, and Stoner. Nays: None.
THE MOTION CARRIED.
Councilmember Rutstein
to adopt Ordinance No.
Clarke, Elliott, Horak,
None.
THE MOTION CARRIED.
made a motion, seconded by Councilmember Elliott,
6, 1985 on First Reading. Yeas: Councilmembers
Knezovich, Ohlson, Rutstein, and Stoner. Nays:
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January 15, 1985 '
Ordinance Changing the Open Market
Purchases by Other Departments from
$200 to $500, Adopted on First Reading
Following is the staff's memorandum on this item:
"In 1984 a Purchasing System Review was performed by Main Hurdman. Among
the recommendations made to improve the efficiency of the City's purchasing
operation is the raising of the mini order limit from $200 (set by Ordi-
nance in 1979) to $500. This is the amount of open market purchases which
may be made by departments without going through the Purchasing Division.
A $500 limit will provide greater flexibility for users, while not ma-
terially increasing exposure to the City.
The survey of 1982 purchase orders conducted by the Purchasing Division
determined that 36% of all purchase requisitions were for $500 or less.
A sample of 1983 purchase orders found that 32% were for $500 or less.
Raising the mini order limit to $500 could reduce up to one third the
purchase requisition volume. At most, this could increase the City's
exposure by $400,000. An audit of mini -orders is performed to ensure
that they are not abused."
Councilmember Elliott made a motion, seconded by Councilmember Ohlson, '
to adopt Ordinance No. 11, 1985 on First Reading.
Carol Giger, 425 North Whitcomb, asked Council to consider raising the
mini -order limit to $300 rather than the proposed $500. She stated the
larger amount would encourage abuse of the mini -order process.
Purchasing Agent Jim O'Neill responded to Ms. Giger's concern and noted
this proposal 'would allow Purchasing to focus their attention on the larger
items to be purchased. He added he felt City department heads were frugal
with their budgets and would not abuse the system.
The vote on Councilmember Elliott's motion to adopt Ordinance No. 11, 1985
on First Reading was as follows: Yeas: Councilmembers Clarke, Elliott,
Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None.
THE MOTION.CARRIED.
Resolution Approving an Intergovernmental
Agreement with the Fort Collins -Loveland
Water District and the South Fort Collins
Sanitation District, Adopted
Following is the staff's memorandum on this item:
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R
IJanuary 15, 1985
"On April 20, 1982, the City, Fort Collins -Loveland Water District and
South Fort Collins Sanitation District entered into an intergovernmental
agreement, for a period of one year, for the purpose of providing water and
sewer utility service in a cost effective manner to customers within the
southern portion of the Fort Collins Urban Growth Area. The terms of the
agreement provided for: (1) establishment of an interim service boundary;
(2) creation of a steering committee and vesting of authority therein; (3)
postponement of any and all lawsuits from April 21, 1982 through April 21,
1983; and, (4) the preparation of a master plan.
On May 17, 1983, the intergovernmental agreement was extended
for one year
and on May 17, 1984, the agreement expired. At that time
it was the
consensus of the steering committee to develop a new agreement
and the City
Attorney, attorneys representing the Districts, and District and
City staff
members proceeded to draft a new agreement. On November 26, 1984,
the new
draft agreement was reviewed by the Steering Committee and,
after a few
minor changes, the agreement was approved by a unanimous vote.
On December
21, 1984, the draft agreement was reviewed by the Fort Collins
Water Board
and, with only one minor change, the agreement was approved by
a unanimous
vote. The District and the City staff discussed the one minor
change made
by the Water Board, with the Steering Committee members and, in
the spirit
'
of cooperation, all consented to the change.
The major of the new intergovernmental
follows:
provisions agreement are
as
o Purpose and Authority
o Statement of Intent
o Establishment of service area responsibilities (The service area
boundary is basically the same as established in the 1982 agree-
ment.)
o Quality of Service (Establishes procedures to address concerns
about quality and/or cost of water and sewer service.)
o Steering Committee (Two members from the Fort Collins -Loveland
Water District, two. members from the South Fort Collins Sanitation
District, two members from the Fort Collins City Council, and one
member from the Fort Collins Water Board to be appointed by the
City Council.)
o Charge of the Steering Committee
o Master Plan (The District will develop a master plan for water and
sewer service for the southern portion of the Urban Growth Area.)
1
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January 15, 1985 '
o Regionalization (The Steering Committee will study potential
benefits and disadvantages of regionalization.)
o Disposition of Standby Taps (The City and District will establish
policies and procedures with respect to the activation of standby
taps located within the City's service area.)
o Exclusion Proceeding (The District agrees to exclude territory
within the city limits that is served by the City,)
o Cooperation (The District and City agree to continue the coopera-
tive exchange of information, operational assistance and emergency
aid.)
o Legal Action (The District and City agree to terminate pending
litigation.)
o Term (The term of the agreement is five years.)
Both Mayor Horak and Councilmember Elliott have served on the Steering
Committee and may have additional comments regarding the proposed inter-
governmental agreement."
Councilmember Elliott made a motion, seconded by Councilmember Rutstein, '
to adopt Resolution 85-4.
Councilmember Elliott noted this Resolution was the result of a process
begun four years ago. He spoke of the interim agreement with the north and
south districts and noted this agreement had been reviewed by all the
parties involved.
Councilmember Knezovich asked about the direct or in -kind costs incurred by
the Steering Committee and how those costs might be shared.
Councilmember Elliott replied the costs had been shared equally in the past
and noted future expenditures would be reviewed by both Council and the
districts. He suggested some language might be added to the agreement to
spell out the cost sharing arrangements.
City Manager Arnold noted Mike Smith and Mike DiTullio would work out a
fair and equitable way to share those costs at the time the studies are
authorized.
Mike DiTullio, South Fort Collins Sanitation District, anticipated other
costs authorized by the Steering Committee would be brought before the
governing boards for final decision. He felt costs would be shared equally
on a 1/3-1/3-1/3 basis.
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I
January 15, 1985
The vote on Councilmember Elliott's motion to adopt Resolution 85-4 was as
follows: Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Ohlson,
Rutstein, and Stoner. Nays: None.
THE MOTION CARRIED.
Resolution Approving the Noel
Assignment of Lease, Adopted
Following is the staff's memorandum on this item:
"On December 4, 1984, Council passed a Resolution approving the purchase of
three parcels from willing sellers in Block 31. In addition, Ordinances
approving the City's share of the $2.4 million dollar City/County center
fund as well as appropriating both City/County monies for the fund were
passed. Second readings occurred on December 18th. Lastly, the Larimer
County Commissioners approved the First Interstate Agreement of Sale and
Purchase on December 17, 1984, and the Miscio and Noel contracts on January
2, 1985. The Noel Assignment of Lease was also approved by the County on
January 2nd.
' Two items of business remain before the City and County can close on the
three parcels:
1) the routine administrative action of each entity depositing their
share of the $2.4 million dollars in the City/County fund by
January 15, 1985; and
11
2) favorable action taken by the City Council on the negotiated
Assignment of Lease for Noel.
A summary of the essential factors concerning the Noel Lease Assignment
follow:
1. Existing lease will be assigned to the City/County effective
January 22, 1985;
2. The lease will be for a period of ten years, with a five-year
option to renew. Renewal can only be achieved through consent of
the City/County;
3. The rent will be•$5,000 per month (in advance) with an additional
one time per year payment of $3,600 (paid at the end of each year)
in lieu of taxes;
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e
January 15, 1985
4. Upon the anniversary of every three years during the main term of
the lease and any extension, the base rent shall be increased by
the percentage increase in the C.P.I. or by 3% per annum whichever
is less. This will probably increase 9% for a three year'term;
5. If after ten years, the City/County refuses to extend the lease,
the Out of Bounds can take all the fixtures and move to a new
location. The City/County as landlords will contribute to the
cost of the move in an amount not to exceed $35,000 provided the
Out of Bounds does not move farther than a ten mile radius, and
three bids are received on the move;
6. The lease will be signed by the Out of Bounds, Inc., not per-
sonally by Wally Noel;
7. Any major maintenance items identified prior to closing will be
paid by Mr. Noel. After that time, the City/County would be
responsible for major maintenance and the tenant would be respon-
sible for minor maintenance.
The problem that has been identified with the terms is that the lease is
not secured and is being signed with a corporate signature. If a default
occurs, the City/County has no recourse against the individual, only the
corporation. Therefore, we emphasize Councilmember Knezovich's concern
that the anticipated income stream from the Out of Bounds may not material- '
ize if it closes before the lease is up.
However, staff believes that the policy of completing the acquisition of
property in Block 31 for future City/County needs continues to be a sound
one. Therefore, staff recommends that Council accept the lease terms as
negotiated (realizing the risk if the Out of Bounds stops operating)."
Councilmember Ohlson made a motion, seconded by Councilmember Elliott,
to adopt Resolution 85-7.
Councilmember Knezovich asked if there were any changes to this lease.
General Services Director Tom Frazier replied that the Larimer County
Commissioners had met and rejected a request from Mr. Noel to change the
assignment of lease for the maintenance. He added that although Mr. Noel
was not pleased with the lease terms, he had agreed to sign it. He will
actively pursue changing the lease at a later date.
Councilmember Knezovich felt it was important for Councilmembers to be
aware of the risks involved in negotiating this lease without some guaran-
tee the lease will be performed. He expressed concern over the possibility
the tenant may discontinue lease payments a few years into the lease and
make it difficult for the County and City to find another tenant for such a
specialty building.
1
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IJanuary 15, 1985
The vote on Councilmember Ohlson's motion to adopt Resolution 85-7 was as
follows: Yeas: Councilmembers Clarke, Elliott, Ohlson, Rutstein, and
Stoner. Nays: Councilmembers Horak and Knezovich.
THE MOTION CARRIED.
Appeal of the Pier PUD, 5th,
Tabled to February 19, 1985
Councilmember Stoner asked the record to show he did not participate in the
discussion or vote on this item.
Councilmember Clarke made a motion, seconded by Councilmember Knezovich,
to table Item #43, Appeal of the Pier PUD, 5th, until February 19 at the
request of the appellant. Yeas: Councilmembers Clarke, Elliott, Horak,
Knezovich, Ohlson, and Rutstein. Nays: None. (Councilmember Stoner
withdrawn)
THE MOTION CARRIED.
I
Resolution Supporting Mandatory
Seatbelt Legislation, Adopted
Following is the staff's memorandum on this item:
"In July, 1984, the Colorado Coalition for Seatbelt Use was formed which is
made up of state and local organizations interested in a mandatory seatbelt
law. The Coalition is led by the medical community. The Coalition is
actively involved in a drive for the passage of a mandatory seatbelt law in
Colorado.
Information from the Coalition shows that while seatbelts are available in
99% of all cars, nationwide only about one in ten individuals regularly use
a seatbelt. Studies in Colorado in recent years have confirmed that less
than 15% of the state population regularly buckles up.
Despite a number of significant and costly educational and awareness
campaigns, there has been little change in the proportion of seatbelt use.
Studies have confirmed that the shoulder -lap belt combination is the single
most effective measure for reducing the rate of fatalities and injuries
from motor vehicle accidents.
Because the staggering costs of road -related trauma are borne by all
members of society in the form of welfare payments, increased insurance
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January 15, 1985
premiums, social security benefits to survivors and long-term medical care
and rehabilitation costs, enactment of statewide legislation making seat -
belt usage mandatory would be a prudent and reasonable step for Colorado to
take to reduce these costs.
Passage of this resolution and the forwarding of the same to the State
Legislature will assist the Coalition in informing the Legislature that
mandatory seatbelt legislation is supported by municipal governments and
the public in general."
Councilmember Clarke made a motion, seconded by Councilmember Ohlson,
to adopt Resolution 85-8.
Bruce Lockhart, 2500 East Harmony Road, expressed opposition to the Resolu-
tion and noted he felt much of the support for this legislation was from
the auto industry since air bags are going to be required in autos if 50%
of the states do not adopt mandatory seat belt legislation.
Carol Giger, 425 North Whitcomb, expressed opposition to the legislation
and questioned its effectiveness since it would be difficult to enforce.
Terry Foppe, 622 Whedbee, asked Council to table this Resolution to allow '
further review and discussion.
Barbara Allison, 1212 Lynnwood Drive, questioned the constitutionality of
the legislation.
Councilmember Stoner noted he was not in favor of the legislation or the
Resolution in support of the legislation.
The vote on Councilmember Clarke's motion to adopt Resolution 85-8 was as
follows: Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Ohlson,
and Rutstein. Nays: Councilmember Stoner.
THE MOTION CARRIED.
Citizen Participation
Bill Bartran, 430 Spinnaker Lane, spoke of the problems of the public
address system in the Council Chambers.
Barbara Allison, 1212 Lynnwood, spoke of the number of complaints about the
smoking ordinance.
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I
January 15, 1985
Consider Application for Pawn Shop License
from Ronar Investments, Inc., License Granted
Following is the staff's memorandum on this item:
"The City Clerk's office has received an application from Ronar Invest-
ments, Inc. for a pawn shop license for Poudre Pawn Shop at 224 South
College Avenue. The pawn shop is currently owned by Melvin Isernhagen.
Ronar Investments, Inc. (Steve Wingate, President) is attempting to pur-
chase the business. Under City ordinance, a new license inust be obtained
because pawn shop licenses are not transferable.
The applicant has submitted the license application fee of $55 and a surety
bond in the amount of $2,500. The two principals of the corporation have
submitted individual history statements to the Police Department, and
a background investigation has been completed.
Pawn shop licenses are issued by the City Clerk after approval by the City
Council upon recommendation of the Chief of Police. The Code states as
follows: "No license shall be approved unless the City Council, after
investigation, shall have found that the applicant possesses financial
responsibility, character and general fitness so as to command the confi-
dence of the public and to warrant belief that the business will be oper-
ated lawfully, honestly, fairly and efficiently for the purpose of this
Article."
The Police report concerning corporate officers Steve Wingate and Barton G.
Bycroft has been forwarded to Council under separate cover.
Council needs to review the Police Department report and hear any presenta-
tion the applicant wishes to make regarding the pawn shop application, and
determine whether the license should be granted to Ronar Investments, Inc.
dba Poudre Pawn at 224 South College Avenue."
Steve Wingate, 324 Regina Drive, requested the license be granted and noted
he was one-half owner of the business.
City Attorney Huisjen asked how the other half of the business was to be
owned.
Mr. Wingate replied Barton Bycroft, who lives in St. Louis, would own the
other half. He added that since Mr. Bycroft would not live in Fort Col-
lins, he (Wingate) and one employee would operate the business.
City Attorney Huisjen asked if the former corporate officers, Mr. Gary Blue
and Mr. Ron Bycroft, retained any interest in the business after the
transfer of corporate stock in October.
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January 15, 1985
Mr. Wingate replied that the corporation was owned entirely by himself and '
Barton Bycroft. He added he did not know how Mr. Bycroft had financed his
half of the purchase. He noted he (Wingate) would be operating the busi-
ness on behalf of the corporation and that Barton Bycroft would be con-
tacted when major decisions were needed.
Councilmember Clarke asked about the terms of the transaction between
Ronald and Barton Bycroft.
Mr. Wingate replied he was not familiar with the terms of that transaction
and noted he intended to purchase the business totally when he was able to
afford it.
Councilmember Knezovich made a motion, seconded by Councilmember Elliott,
to grant the pawnbrokers license for Ronar Investments, doing business as
Poudre Pawn, 224 South College Avenue.
Councilmember Knezovich felt Dr. Wingate had shown himself to be a respon-
sible party and urged favorable consideration of his application for a
pawnbrokers license.
The vote on Councilmember Knezovich's motion to grant the pawnbrokers
license was as follows: Yeas: Councilmembers Elliott, Horak, Knezovich,
and Stoner. Nays: Councilmembers Clarke, Ohlson, and Rutstein.
THE MOTION CARRIED.
Resolutions Relating to the Inducement
of Multi -Family Revenue Bonds for the
Stone Creek Apartments Project, Adopted
Following is the staff's memorandum on this item:
"A. Resolution Approving a Multi -Family Residential Housing Project for
Investwest Property Corporation, Making Findings and Authorizing the
Issuance of Revenue Bonds in Connection Therewith, and Authorizing
Representatives of the Issuer to Take Action Incidental Thereto.
(Phase I).
B. Resolution Approving a Multi -Family Residential Housing Project for
Investwest Property Corporation, Making Findings and Authorizing the
Issuance of Revenue Bonds in Connection Therewith, and Authorizing
Representatives of the Issuer to Take Action Incidental Thereto.
(Phase II).
The Stone Creek Apartments are located at the southeast corner of Prospect
Road and Heatheridge Road. The project has been approved for 272 units,
one of which is a clubhouse for the recreational amenities.
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January 15, 1985
Phase I of the project is under construction with 32 of the 167 units
completed and open for occupancy. The clubhouse will be completed with
Phase I. Phase II will consist of 104 units. The recreational amenities
will include an outdoor swimming pool, two lakes and a volleyball court.
The developer, Investwest Property Corporation, is seeking two separate
bond issues, one in the amount of $2,900,000 for the remainder of Phase I,
and one in the amount of $3,600,000 for Phase II. Council has the option of
approving either or both of the inducement resolutions. If just Phase I
were approved, 34 restricted units would be provided. If just Phase II were
approved, 21 restricted units would be required.
Staff has evaluated the Stone Creek Apartment project against the proposed
multi -family revenue bond criteria. The following evaluation is based on
the application submitted by the developer for this project.
Criteria 1: 20% of units rented to families at or below 70% of median
income. The Stone Creek project includes a total of 271 units, 167 in
Phase I and 104 in Phase II. 55 units will be set aside for families at or
below 70% of median income.
Criteria 2: Base rents at 30% of 70% of median income. Of the 55 units
' set aside in this project for low and moderate income families, 20 units
will be one bedroom and 35 units will have two bedrooms. The following
table indicates the base rent calculations that will be required for these
units:
BASE RENTS
Base Rent
Unit
Family
Median
70% of Median
(30% of 70% of
Size
Size
Income
Income
Median Income)
1 bdrm
1
$19,900
$13,930
$350
2 bdrm
2
$22,700
$15,890
$400
Criteria 3: 1/4 of 1% of original bond amount applied annually as addi-
tional rent subsidy. The total bond amount requested is $6.5 million. The
developer has agreed to set aside 1/4 of 1% of this amount each year as an
additional" rent subsidy for the restricted units. This amount will equal
$16,250 per year and will be divided equally among the 55 restricted
units.
Criteria 4: Actual rent calculations. The 'actual rents for the 55 re-
stricted units will be the base rent minus the additional rent subsidy of
$25 per unit. Actual rents will therefore be $325 for a one bedroom unit
and $375 for a two bedroom unit.
1 -27-
January 15, 1985
Criteria 5: Planning and Zoning approval. The Stone Creek Apartments '
received final approval from the Planning and Zoning Board at their Febru-
ary 27, 1984 meeting. The project was processed under the name Prospect II
PUD.
Criteria 6: Equal amenities. The amenities provided in the restricted
units will be the same as those provided in the non -restricted units and
will include a fireplace, balcony or patio, refrigerator, range and oven,
dishwasher, microwave oven and draperies. Washer and dryer hook-ups will be
included in each unit in addition to six laundry rooms throughout the
project. The recreational facilities including the swimming pool, lakes and
volleyball court will be equally available to all residents within the
project, including those in the 20% restricted units.
Criteria 7: Compliance with other federal and state requirements. All
requirements will be met and assurance will be given at the time an ordi-
nance issuing these bonds is brought forward to Council.
Criteria 8: Trustee monitoring. The trustee for these bonds will be
required to provide monitoring in the form of a report to the City each
year indicating the income levels of the families that are renting the
restricted units and the application of the additional rent subsidy.
Based on the above analysis, staff recommends approval of the two Stone
Creek Inducement Resolutions for Multi -Family Revenue Bonds. By setting '
the rents at the levels indicated under Criteria 4 above, the 20% re-
stricted units would be considered affordable to a single person in a one
bedroom apartment with an income of $13,000 per year (65% of median), or to
a family of two in a two bedroom unit with an income of $15,000 per year
(66% of median)."
Director of Planning and Development Curt Smith summarized the projects and
noted they were in compliance with the criteria for multi -family revenue
bonds.
Tim Englehart, investment banker representing Investwest Property Corpora-
tion, addressed the financing arrangements for the project. He noted the
developers intent from the beginning had been to utilize tax exempt financ-
ing. The project was begun using interim construction financing since the
City had not finalized its criteria for multi -family revenue bonds. He
noted Phase I was approximately 50% complete and Phase II was not yet
started.
Councilmember 0hlson asked what percentage of the units were accessible to
the handicapped.
Steve Steele, Steele/Eagle, Inc., replied it was 1 in 99 to meet UBC
requirements. He added 3 units in the project were handicapped accessible.
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' January 15, 1985
Councilmember Elliott asked what percentage of the construction was being
done by local contractors.
Mr. Steele estimated 90% of the contractors were local.
Councilmember Stoner made a motion, seconded by Councilmember Knezovich,
to adopt Resolution 85-11 (Phase I).
Councilmember Elliott noted he could not support this phase of the project
because of its timing.
Councilmember Ohlson commented on the accessibility of the units in the
project and noted he would not support the project since he did not support
the policy.
Councilmember Rutstein noted she would not support the project since she
felt there was not an established need for these particular units.
Councilmember Knezovich spoke in favor of the project and stated he felt
these were the types of projects the City should encourage.
Councilmember Stoner noted criteria had been set for these bonds and if the
criteria is met, the bonds should be authorized. He stated he would
support the project.
The vote on Councilmember Stoner's motion to adopt Resolution 85-11 was as
follows: Yeas: Councilmembers Clarke, Horak, Knezovich, and Stoner.
Nays: Councilmembers Elliott, Ohlson, and Rutstein.
THE MOTION CARRIED.
Councilmember 'Stoner made a motion, seconded by Councilmember Knezovich,
to adopt Resolution 85-12 (Phase II).
Mayor Horak felt there was a need for these units and that the reduced
rents would help the people who rent them.
The vote on Councilmember Stoner's motion to adopt Resolution 85-12 was as
follows: Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, and
Stoner. Nays: Councilmembers Ohlson and Rutstein.
THE MOTION CARRIED.
City Manager's Report
City Manager Arnold noted he would like to take this time to report on
hazardous materials management and the response team.
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P
January 15, 1985
Poudre Fire Authority Chief John Mulligan gave a brief slide presentation
on successful hazardous materials management. He spoke of both fixed
storage incidents and truck transport incidents.
Police Chief Bruce Glasscock spoke of proactive enforcement of hazardous
material transport through Fort Collins. He noted the Police Department
might be requesting that Council adopt some expanded form of the state
P.U.C. regulations to give local officers the right to more enforcement
t c„1U� -a �l ..a +l-r -6-, _ .. r. --+;-
2S
require hazardous spill incidents to be reported to lYocal authorities. He
noted the Police and Fire Departments were looking at instituting spot
compliance checks to ensure compliance with local regulations.
Councilmembers' Reports
Councilmember Knezovich reported on the Colorado Municipal League sales tax
simplification task force's meeting with Governor Lamm.
Public Hearing on a Resolution Expressing
Opposition to Sales Tax "Simplification"
Legislation Which Would Reduce Local Control
Following is the staff's memorandum on this item: '
"During 1984 the State Legislators turned their attention toward simplifi-
cation of the State's Sales/Use Tax system. The State Legislators simpli-
fication efforts have been directed toward reducing or, for the most part,
eliminating local control of the sales tax base and the collection and
enforcement functions.
The General Assembly's interim Business Issue Committee has reported
a bill for consideration by the General Assembly in 1985 which (1) requires
conformity of the local sales tax base to the state base with several local
options, (2) establishes a cumbersome and centralized auditing and enforce-
ment process in the State Department of Revenue, and (3) repeals local
authority to impose a Use Tax on storage. The Colorado Municipal League
opposes this legislation and asks that the 33 home -rule cities adopt
resolutions expressing their opposition to such legislation.
Council has asked that this item appear in a public hearing format to allow
input by the Colorado Association of Commerce and Industry and any other
interested parties."
Councilmember Knezovich made a motion, seconded by Councilmember Ohlson,
to adopt Resolution 84-189.
-30- 1
IJanuary 15, 1985
Councilmember Knezovich explained the development of this legislation over
the past six months. He noted two bills, H.B. 1099, supported by the CML,
and H.B. 1007 supported by the Colorado Association of Commerce and Indus-
try, had been introduced in the legislature. He pointed out the basic
difference between the two bills was the adoption of a state base that is
favored in H.B. 1007.
Bill Schultz, Colorado Retail Council and Simplify Our Sales Tax Coalition,
spoke in opposition to the CML sponsored bill, H.B. 1099. He spoke of the
similarities of the two bills and discussed the problem areas, storage tax,
and uniform base.
Tom Clarke, 1218 Leawood, Chairman of the Economic Developers Council of
Colorado Governmental Affairs Committee, spoke in favor of H.B. 1099 and
noted he felt H.B. 1007 was a direct attack on local autonomy and violated
the basic precepts of home rule government.
Finance Director Jim Harmon spoke to the impacts that might be felt by the
passage of either of the bills. He spoke to the difficulties associated
with the proposed audit process and noted a great deal of staff time would
be spent in appeal hearings under H.B. 1007.
1 Councilmember Clarke noted he was sympathetic to the idea of sales tax
simplification but not at the expense of City taxpayers. He felt H.B. 1007
was a well -financed, highly organized attempt by major retailers to make
their lives easier at the expense of Fort Collins taxpayers. He noted he
could not support their bill.
Councilmember Knezovich noted his concern was the future cost of the City'
turning over our local base to the state to administer. He stated the
erosion of our future base was his most urgent concern. He urged support
of the CML position.
The vote on Councilmember Knezovich's motion to adopt Resolution 84-189 was
as follows: Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich,
Ohlson, Rutstein, and Stoner. Nays: None.
THE MOTION CARRIED.
Ordinance Adopting a Public Safety
Capital Expansion Fee, Tabled fo March 19
Following is the staff's memorandum on this item:
"This ordinance will establish a Public Safety Capital Expansion fee for
all new development effective March 1, 1985.
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It
January 15, 1985 1
The 1984 Cost of Development Study presented to Council in July provided an
analysis of existing development fees and also presented three potential
new fees for consideration. Those three fees were the School Site Acquisi-
tion Fee, the Public Safety Fee and the Public Facilities Buy -In Fee.
The public safety capital expansion fee is comprised of two elements
dealing with projected capital expansion needs of the Police Department and
Poudre Fire Authority. The fee is based on projected growth related costs
through the year 2000, by which time city population is projected to reach
140,000. (The base data and projections used in computing this fee are
attached, along with a summary of the specific calculations for this
fee.)
The fee proposed for your consideration differs from the fee proposed last
July. The fee now proposed reflects a new analysis of capital expansion
costs for the Police Department. The portion of the fee reflecting the
Poudre Fire Authority capital expansion costs is now consistent with the
current Fire Authority Master Plan with the exception that one of the four
projected stations is not included because it has been funded as an essen-
tial project.
The fee will be reviewed annually for consistency with current master
plans, capital equipment needs and projected costs of the Police Department '
and the Poudre Fire Authority.
Police Department
Expansion needs of the Police Department are projected to include:
1. One additional radio position. The Police Department presently has
three radio positions. Expanded activity and employees will create the
need for a fourth dispatcher position consisting of a radio console
costing $70,000.
2. One additional radio repeater station. Four repeater stations service
Fort Collins now. As the city grows toward the northeast, an addi-
tional repeater station will be needed to maintain communications to
that area. Equipment costs of one repeater station amount to $15,000.
3. Additional police officers. Based on the current service ratio of 1.04
officers per thousand people, a population increase of 61,900 (78,100
in 1984 to 140,000 in 2000) will necessitate 64 additional officers.
The capital costs relating to each officer are ;cons idered.ho be his car
and associated equipment totalling $21,500'pgr;'car, as 'detailed below:
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' January 15, 1985
Vehicle $11,257
MDT (Mobile Data Terminal) 6,000
Syntor (UHF radio) 1,400
Pac Set w/charger (Walkie-Talkie) 1,250
Unitrol (Control head for lights, 500
siren, alley lights)
Light Bar (roof -top) 525
Roll Bar/Prisoner Screen 370
Vehicle Accessories (shotgun lock, 225
lamp, first aid box, console box)
$21,527
($21,500 X 64 = $1,376,000)
Total costs attributed to growth are therefore $1,461,000. These capital
costs for officers and communications equipment are allocated to residen-
tial, commercial and industrial development proportionate to the existing
land use breakdown in the City, i.e., 80%, 14% and 6% respectively.
Poudre Fire Authority
According to the Poudre Fire Authority Master Plan, there is a projected
need for four additional fire stations to serve the City of Fort Collins
' through 2000. One fire station (at $460,000) will be funded as an essen-
tial project in the next five year program in 1988-89. The cost of that
station is therefore excluded from the computation of this fee.
The capital costs of the three new fire stations that will be needed are
estimated at $415,000 per station (today's dollars), for a total of
$1,245,000. Estimated costs per station include:
Land $ 30,000
Building (2000 sq.ft.) 110,000
Apparatus 70,000
Pumper 125,000
Pumper Equipment (radio, hoses, nozzles) 30,000
Station Furnishings (residential, office, 30,000
hose washer & dryer, air compressors)
Landscaping 5,000
Architect 15,000
TOTAL $ 415,000
Total costs of $1,245,000 for the three stations has been allocated to
residential, commercial and industrial development proportionate to the
existing land use breakdown in the City, i.e., 80%, 14% and 6% respective-
ly.
1 -33-
January 15, 1985 I
Total Public Safety Fee
The combined police and fire growth related costs translate into the
following public safety fee:
Police Fire Total Rounded
Residential
$ 52.79
$ 44.99
$ 97.78/unit
$ 100/unit
Commercial
430.07
366.48
796.55/acre
800/acre
Industrial
405.46
345.51
750.97/acre
750/acre
The ordinance presented for your consideration reflects a proportionate
distribution of public safety capital expansion costs among residential,
commercial and industrial development. Other options would include having
residential development cover both the commercial and industrial share or
just the industrial share.
If residential development were to be allocated 100% of growth related
costs, thereby effectively subsidizing commercial and industrial develop-
ment, the fee per unit would be $122.22.
If residential development were to subsidize just industrial development
the resultant fees would be: '
Residential $105 per unit
Commercial $800 per acre
Projected Revenue
The Public Safety Fee, if adopted, is projected to generate the following
revenues assuming growth occurs consistent with our population projections:
BY 1990 By 1996 By 2000
Residential $ 894,000 $1,674,000 $2,214,000
at $100/unit
Commercial 153,600 27,680 380,480
at $800/acre
Industrial'-65,475 122,625 162,150
at $750/acre
TOTAL $1,113,075 $2,084,305 $2,756,630
(Projected revenues were calculated based on the proportionate distribution
of capital expansion costs to residential, commercial and industrial
development.)"
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' January 15, 1985
Director of Planning and Development Curt Smith summarized the specifics of
the Ordinance and the history of the development of the fee.
Councilmember Rutstein made a motion, seconded by Councilmember Ohl son,
to adopt Ordinance No. 12, 1985 on First Reading.
Bill Bartran, 430 Spinnaker Lane, noted governmental fees were the fastest
increasing cost of housing. He questioned the legality and the equity of
the fee.
Lucia Liley, 110 East Oak, questioned whether this charge was a fee or a
tax. She outlined the standards the City should comply with in order to
levy a fee and questioned why the fees from new City home buyers will pay
for three fire stations located in the Urban Growth Area. She addressed
the equity/benefit issue, requested more information be provided, and asked
that additional fee structure options be explored before further Council
consideration.
Bruce Lockhart, 2500 East Harmony Road, asked if Anheuser-Busch had ob-
tained all their building permits and if they would pay this fee and if'
City buildings would pay the fee.
' City Manager Arnold replied that Anheuser-Busch already had the permit for
the brewery and the fee would not be retroactive. He added City buildings
would pay the fees just as everyone else would.
Mr. Lockhart stated he felt the City needed to show the fee was being used
by the people it was assessed against in order to be called a fee. He felt
it was a tax.
Councilmember Elliott brought up the fee versus tax argument raised by
several speakers.
City Attorney Huisjen replied that this charge was as much of a fee as the
street oversizing fee or the parkland fee. He noted all those fees were
related directly to the cost of development. He addressed the equity
issue and stated that issue was a Council decision.
Councilmember Clarke noted the monies generated by this fee are going to be
needed by the Police Department and the Poudre Fire Authority to provide
basic services that those persons moving here are going to assume exist.
He felt this fee was the fair way to do this.
Councilmember Elliott asked if the timing was critical on implementing this
fee or if it could be delayed to review other concepts that have been
suggested and to review the entire fee structure.
-35-
0
January 15, 1985 '
Director of Planning and Development Curt Smith replied that it probably
was not critical, but that Council's decision on how public safety capital
expansion was funded was very important. He noted staff was exploring the
impact the development fees were having and was looking at alternatives to
the present structure that might be less impacting.
Councilmember Knezovich made a motion, seconded by Councilmember Stoner,
to table Ordinance No. 12, 1985 on First Reading to April 16. Yeas:
Councilmembers Elliott, Knezovich, and Stoner. Nays: Councilmembers
Clarke, Horak, Ohlson, and Rutstein.
THE MOTION FAILED.
Mayor Horak suggested tabling of the item to allow additional explanation
of the fee to be provided in a more detailed report.
City Manager Arnold suggested the entire equity philosophy might need to be
presented in a briefing report.
Councilmember Clarke made a motion, seconded by Councilmember Ohlson, to
table Ordinance No. 12, 1985 on First Reading to March 19. Yeas: Council -
members Clarke, Elliott, Horak, Knezovich, Rutstein, and Stoner. Nays:
Councilmember Ohlson. I
THE MOTION CARRIED.
Ordinances Submitting Proposed Charter
Amendments to a Vote of the Registered
Electors of the City of Fort Collins at the
Next Regular City Election to be Held on
March 5, 1985, Adopted on Second Reading
Following is the staff's memorandum on this item:
"The City Council has met previously to discuss various amendments to the
Charter of the City of Fort Collins. The following ordinances were adopted
on First Reading on December 18 and address those issues in which Council
expressed interest for Charter changes. Following is a brief summary of
each ordinance proposing a Charter Amendment:
A. Second Reading of Ordinance No. 203, 1984, Submitting a Proposed
Charter Amendment to a Vote of the Registered Electors of the City of
Fort Collins Concerning a Method of Electing Councilmembers from
Districts.
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2
January 15, 1985
' This ordinance was unanimously adopted on First Reading on December 18
and changes the method of electing Councilmembers by districts so that
such Councilmembers are elected only by the voters from within each
district. The proposed language of the Charter would also require that
a person elected to fill a Council district vacancy shall be nominated
and elected by the voters of the district represented. The Charter
amendment also would repeal provisions in the present City Charter
concerning transitional matters which existed in April of 1973 when the
Council was expanded from five to seven members.
B. Second Reading of Ordinance No. 204, 1984, Submitting a Proposed
Charter Amendment to a Vote of the Registered Electors of the City of
Fort Collins Concerning the Salaries of Councilmembers.
This ordinance was adopted on a 6-1 vote on December 18 and concerns
the salaries of members of City Council. The proposed amendment would
increase the salary of Councilmembers from $100 to $450 per month and
the salary of the mayor would be increased from $125 to $625 per
month.
C. Second Reading of Ordinance No. 205, 1984, Submitting a Proposed
Charter Amendment to a Vote of the Registered Electors of the City of
Fort Collins Concerning Ordinance Publication Dates and Publication of
Ordinances by Title.
' This ordinance was unanimously adopted on First Reading on December 18
and provides for a change in the number of days from five to seven for
the publication of an ordinance after final passage. Also, it changes
the time for the publication of an emergency ordinance from five to
seven days after passage. These amendments are suggested so that
newspaper publication deadlines can be met.
Two versi-ons of Ordinance 205, 1984, are included: The ordinance as
adopted on First Reading on December 18, and Option 1 which would
permit ordinances dealing with municipal borrowing to be published by
title only when Council deems it appropriate. All other ordinances
would be published in full after First Reading according to current
requirements and practice.
D. Second Reading of Ordinance No. 206, 1984, Submitting a Proposed
Charter Amendment to a.Vote of the Registered Electors of the City of
Fort Collins Concerning a Change in the Date for the Completion
of an Audit of the Books and Accounts of the City.
This ordinance was unanimously adopted on First Reading on December 18
and changes the date of the independent annual audit, so that it is
accomplished within five months after the end of each fiscal year
rather than within three months. The Finance Director recommends
approval of this change.
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19
January 15, 1985
E. Second Reading of Ordinance No. 207, 1984, Submitting a Proposed
Charter Amendment to a Vote of the Registered Electors of the City of
Fort Collins Concerning the Number of Signatures Required by Candidates
for Nomination to the Office of City Councilmember.
This ordinance was adopted as amended on First Reading on December 18
by a 4-3 vote and changes the requirement for signatures required on
petitions for nomination to the office of City Council from 25 quali-
fied electors to 25 registered electors for each candidate.
F. Second Reading of Ordinance No. 208, 1984, Submitting a Proposed
Charter Amendment to a Vote of the Registered Electors of the City of
Fort Collins Concerning Campaign Contribution and Expenditure Limita-
tions.
This ordinance was unanimously adopted on First Reading on December 18
and is a housekeeping matter concerning contribution limits. The
Supreme Court has previously held that it is unconstitutional to limit
the amount of money that a person or an entity may contribute in
support of or in opposition to any issue. Also, the Court has ruled
that it is unconstitutional to limit the amount of money that a candi-
date may expend in seeking an office. However, the Court has upheld
provisions which set limits on campaign contributions to individuals
seeking elected office.
Portions of Article XVII, Section 9 concerning contribution limits in
support of or in opposition to an initiative or referendum are uncon-
stitutional. Therefore, Section 9 of Article XVII should be repealed.
It is suggested that the provisions concerning contribution limitations
for candidates be placed in Article XVI, Section 13. Presently, the
second numbered paragraph of Section 13, Article XVI provides that "the
City Council may act by ordinance to establish limits on campaign
expenditures for candidates for City offices." The new section would
provide that the City of Fort Collins shall act by ordinance to estab-
lish a ceiling limit on the amount that any person or entity may
contribute in support of a candidate for City Council on the ballot at
any City election. The provision is constitutional and previous City
Councils have adopted campaign contribution limitations as set out in
Section 9-15 of the Code of the City of Fort Collins.
The proposed Charter amendment would also repeal Section 2.2(f) which
provides that each candidate in a runoff election is allowed to spend
the maximum amount authorized by ordinance for campaign expenditures by
Council candidates in a regular election. Because there is no limita-
tion which may be placed upon campaign expenditures, this paragraph
should be repealed as it also is unconstitutional.
No
' January 15, 1985
G. Second Reading of Ordinance No. 209, 1984, Submitting a Proposed
Charter Amendment to a Vote of the Registered Electors of the City of
Fort Collins Concerning Residency Requirements for the City Clerk and
Directors of Departments.
This ordinance was adopted on December 18 by a 4-3 vote and would
establish the requirement that the Clerk, Directors of Departments and
Chiefs of Divisions would, while so employed, be required to be resi-
dents of the Fort Collins Urban Growth Area. The Charter is amended by
including a definition of the Fort Collins Urban Growth Area to include
that geographical area within and adjacent to the City identified
by intergovernmental agreement between the City of Fort Collins and
Larimer County as that area identified for annexation and urbanization
by the City of Fort Collins, including the Urban Growth Area as it
exists on March 5, 1985 together with any amendments or changes there-
to."
Councilmember Clarke made a motion, seconded by Councilmember Ohlson, to
adopt Ordinance No. 203, 1984 on Second Reading. Yeas: Councilmembers
Clarke, Elliott, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays:
None.
THE MOTION CARRIED.
'
Councilmember Ohlson made a motion,
seconded
by Councilmember Rutstein,
to adopt Ordinance No. 204, 1984 on Second
Reading.
Councilmember Clarke made a motion,
seconded
by Councilmember Rutstein,
to amend Ordinance No. 204, 1984 by
changing
the salary figures to read
$450 per month for Councilmembers and
$550 per
month for the Mayor.
The vote on Councilmember Clarke's
amendment was as follows: Yeas:
Councilmembers Clarke, Ohlson, and
Rutstein.
Nays: Councilmembers El-
liott, Horak, Knezovich, and Stoner.
THE MOTION FAILED.
Councilmember Stoner made a motion, seconded by Councilmember Knezovich,
to amend Ordinance No. 204, 1984 by changing the salary figures to read
$400 per month for Councilmembers and $500 per month for the Mayor. Yeas:
Councilmembers Elliott, Horak, Knezovich, Ohlson, and Stoner. Nays:
Councilmembers Clarke and Rutstein.
THE MOTION CARRIED.
The vote on Councilmember Ohlson's motion to adopt Ordinance No. 204, 1984
as amended on Second Reading by Councilmember Clarke was as follows:
-39-
January 15, 1985 '
Yeas: CounciImelrlbers Clarke, 'Elliott, Horak, Knezovich, Ohl son, Rutstein,
and Stoner. Nays: None.
THE MOTION CARRIED.
Councilmember Clarke made a motion, seconded by Councilmember Ohlson,
to adopt Ordinance No. 205, 1984 on Second Reading.
City Attorney Huisien read the proposed amendment to the ordinance which
would allow only ordinances relating to municipal borrowing to be published
by title after First Reading rather than in full.
Councilmember Clarke made a motion, seconded by Councilmember Stoner,
to amend Ordinance No. 205, 1984 as described by the City Attorney. Yeas:
Councilmembers Clarke, Elliott, Horak, Knezovich, Ohlson, Rutstein, and
Stoner. Nays: None.
THE MOTION CARRIED.
The vote on Councilmember Clarke's motion to adopt Ordinance No. 205, 1984
as amended on Second Reading was as follows: Yeas: Councilmembers
Clarke, Elliott, Horak, Ohlson, Rutstein, and Stoner. Nays: Councilmember '
Knezovich.
THE MOTION CARRIED.
Councilmember Clarke made a motion, seconded by Councilmember Ohlson, to
adopt Ordinance No. 206, 1984 on Second Reading. Yeas: Councilmembers
Clarke, Elliott, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays:
None.
THE MOTION CARRIED.
Councilmember Clarke made a motion, seconded by Councilmember Stoner, to
adopt Ordinance No. 207, 1984 on Second Reading.
Councilmember Knezovich urged defeat of the ordinance noting he felt the
change was meaningless and.not worthy of a ballot position as a proposed
Charter amendment.
The vote on Councilmember Clarke's motion to adopt Ordinance No. 207, 1984
on Second Reading was as follows: Yeas: Councilmembers Clarke, Elliott,
and Stoner. Nays: Councilmembers Horak, Knezovich, Ohlson, and Rutstein.
THE MOTION FAILED.
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I
January 15, 1985
Councilmember Ohlson made a motion, seconded by Councilmember Stoner, to
adopt Ordinance No. 208, 1984 on Second Reading. Yeas: Councilmembers
Clarke, Elliott, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays:
None.
THE MOTION CARRIED.
Councilmember Rutstein made a motion, seconded by Councilmember Stoner,
to adopt Ordinance No. 209, 1984 on Second Reading.
Councilmember Knezovich urged defeat of the ordinance and noted he felt the
UGA terminology further confused the issue. He opposed the "grandfather
clause" contained in the proposal.
The vote on Councilmember Rutstein's motion to adopt Ordinance No. 209,
1984 on Second Reading was as follows: Yeas: Councilmembers Clarke,
Elliott, Rutstein, and Stoner. Nays: Councilmembers Horak, Knezovich, and
Ohlson.
THE MOTION CARRIED.
Resolution Authorizing Expenditure of
Funds to Disseminate Information Regarding
Proposed Charter Amendments, Adopted
Following is the staff's memorandum on this item:
"The City Council has the authority granted by the Campaign Reform Act
(1-45-116, C.R.S. 1973) to make in -kind contributions in campaigns in-
volving issues of official concern, provided that specific approval of such
contributions are first approved by the Council. Council has determined
the proposed Charter amendments on the March 5, 1985 ballot are official
Council concern. Council has directed staff to:
o Prepare informational brochures describing the proposed Charter
amendments to be distributed with the utility bills,
o Make available copies of the proposed Charter amendments,
o Be available to answer questions and provide additional information
about the proposed Charter amendments.
It is understood that the information provided about the proposed Charter
amendments be neutral and strictly factual. Council recognizes that it may
reserve the right to respond to an intensified campaign in opposition to
any of these proposed amendments by requesting additional materials.
1
-41-
January 15, 1985 '
The staff will file a statement of organization to establish a campaign
committee, name a committee treasurer and establish an accounting mechanism
to record all contributions and in -kind contributions. Staff recommends
adoption of this resolution."
Councilmember Knezovich made a motion, seconded by Councilmember Ohlson,
to adopt Resolution 85-10.
Councilmember Knezovich made a motion, seconded by Councilmember Ohlson,
to remove any reference to Ordinance No. 207, 1984 from the Resolution
since the ordinance was defeated and will not appear on the March 5 ballot.
Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Ohlson, Rutstein,
and Stoner. Nays: None.
THE MOTION CARRIED.
Councilmember Knezovich made a motion, seconded by Councilmember Ohlson,
to direct staff to include educational materials dealing with the campaign
issues in mailings of the City's utility bills. Yeas: Councilmembers
Clarke, Elliott, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays:
None.
THE MOTION CARRIED. '
The vote on Councilmember Knezovich's motion to adopt Resolution 85-10 as
amended was as follows: Yeas: Councilmembers Clarke, Elliott, Horak,
Knezovich, Ohlson, Rutstein, and Stoner. Nays: None.
THE MOTION CARRIED.
Ordinances Relating to the Salaries
of the City Attorney, City Manager,
and Municipal Judge, Adopted on First Reading
Following is the staff's memorandum on this -item:
"A. Hearing and First Reading of Ordinance No. 210, 1984, Fixing the
Salary of the City Attorney.
B. Hearing and First Reading of Ordinance No. 211, 1984, Fixing the
Salary of the City Manager.
C. Hearing and First Reading of Ordinance No. 212, 1984, Fixing the
Salary of the Municipal Judge.
-42-
January 15, 1985
City Council has met in Executive Session to perform the annual evaluations
of the City Attorney, City Manager, and Municipal Judge. These three
ordinances will establish the 1985 salaries for these three individuals.
Council needs to determine the dollar amount to be inserted in the blanks
in each ordinance."
Councilmember Clarke made a motion, seconded by Councilmember Rutstein,
to adopt Ordinance No. 210, 1984 on First Reading inserting the figure
$49,000 as the salary of the City Attorney. Yeas: Councilmembers Clarke,
Elliott, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None.
THE MOTION CARRIED.
Councilmember Rutstein made a motion, seconded by Councilmember Clarke,
to adopt Ordinance No. 211, 1984 on First Reading inserting the figure
$71,500 as the salary of the City Manager.
Barbara Allison, 1212 Lynnwood Drive, noted it appeared to her that the
City Manager was in violation of the City Charter for appointing the City
Clerk and other department heads while they did not reside within the City
limits. She asked Council to consider this before raising the salary of
the City Manager and suggested tabling the item.
Councilmember Clarke noted he did not feel this was relevant to the salary
discussion. He suggested another time would be more appropriate.
City Attorney Huisjen noted there were specific remedies available to
citizens who allege violation of the City Charter or Code and offered to
discuss the matter with Mrs. Allison.
The vote on Councilmember Rutstein's motion to adopt Ordinance No. 211,
1984 on First Reading was as follows: Yeas: Councilmembers Clarke,
Elliott, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None.
THE MOTION CARRIED.
Councilmember Clarke made a motion, seconded by Councilmember Ohlson,
to adopt Ordinance No. 212, 1984 on First Reading inserting the figure
$46,100 as the salary of .the Municipal Judge. Yeas: Councilmembers
Clarke, Elliott, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays:
None.
THE MOTION CARRIED.
Mayor Horak noted that the Council in general was quite pleased with the
performance of these three individuals and felt they have given the City
excellent service.
-43-
January 15, 1985
Adjournment
Councilmember Ohlson made a motion, seconded by Councilmember Clarke,
to adjourn the meeting to 7:00 p.m. on January 29, 1985. Yeas: Council -
members Clarke, Elliott, Horak, Knezovich, Ohlson, Rutstein, and Stoner.
Nays: None.
The meeting adjourned at 12:25 a.m.
1
city clerk I
V0241I`.
Mayor
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1