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HomeMy WebLinkAboutMINUTES-09/16/1986-Regular' September 16, 1986 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, September 16, 1986, 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: Estrada, Horak, Kirkpatrick, Liebler, Ohlson, Rutstein, and Stoner. Staff Members Present: Burkett, Huisjen, Krajicek Agenda Review: City Manager City Manager Burkett noted there were no changes to the agenda. Consent Calendar This Calendar is intended to allow the City Council to spend its time and energy on the important items on a lengthy agenda. Staff recommends approval of the Consent Calendar. Anyone may request an item on this calendar be "pulled" off the Consent Calendar and considered separately. Agenda items pulled from the Consent Calendar will be considered separately under Agenda Items #16 and #24, 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 be staff or Council. These items will be discussed immediately following the Consent Calendar. 4. Consider approval of the minutes of the rpaular mpptinnc of Anmict io 5. This Ordinance was unanimously adopted on First Reading on September 2. The owners of Lots 4 and 4A of Riverside Commercial P.U.D. are requesting the vacation of an existing utility easement located between said lots. The owners plan to build an office building, occupying both lots. The utility easement is only for access to Lots 4 and 4A. All utilities have been contacted and have no problems with the vacation. September 16, 1986 M. 7. EM a This Ordinance was unanimously adopted on First Reading on September 2. The owners of Spring Creek Professional Park are requesting the vacation of all easements of record on the first replat of Spring Creek Manor, P.U.D. This area was replatted and approved by the Planning and Zoning Board on April 28, 1986 as Spring Creek Professional Park. All utilities have been contacted and indicate no problems with the vacation. This Ordinance was unanimously adopted on First Reading on September 2 and appropriates $12,845 in unanticipated revenue from the registration fees for conference and seminar attendees. A public hearing was held September 2 concerning adding projects to I the Fiscal Year 1986-87 Community Development Block Grant Program. This Ordinance, which was unanimously adopted on First Reading on September 2, appropriates $116,000 of additional funds from the City's FY 1986-87 Entitlement Grant as follows: Amount Proiect $ 30,000 Westside Neighborhood Plan 66,000 Downtown Housing Rehabilitation 20,000 Contingency Funds $116,000 Total This Ordinance was unanimously adopted on First Reading on September 2 and would call a Special City Election to be held in conjunction with the General Election scheduled for November 4, '1986, for the purpose of referring Ordinance No. 113, 1986. Im September 16, 1986 ' 10. This ordinance authorizes the transfer of $71,550 from the Timberline and Prospect Intersection Project to the Prospect Bridge over Spring Creek Project. These funds are necessary to cover the City share of the cost to replace the bridge over Spring Creek on Prospect Road. A federal grant is being used to replace this bridge, and the original cost estimate was $450,000. The revised cost estimate after final design is $784,000. The City share of the project has increased from $96,400 to $167,950. The major reason for the cost increase is an increase in the length of the bridge due to the channel hydraulics at this location. The original estimate planned for the bridge replacement on Prospect to be the same length as the Timberline Bridge. As design proceeded, it was determined the longer bridge was needed. The new bridge will replace the existing sub -standard two lane bridge on Prospect Road with a structure that meets arterial standards for roadway width. A bike trail will be built under the new bridge that will connect to the existing Spring Creek Trail. ' 11. Resolution 86-150 Accepting the Improvements and Ordering Notice of Assessment for Cunningham Corner Special Improvement District No 82 12. The District is located at the intersection of Horsetooth Road and Shields Street. Improvements include streets, curbs and gutters, water and sewer lines, landscaping, and storm drainage improvements. This resolution would extend an agreement with the Union Pacific Land Resources Corporation for an additional five years to allow access for maintenance and operation of pipelines crossing Union Pacific property. Originally two agreements were executed with Union Pacific to allow access for operation and maintenance of water and sewer pipelines crossing UP property. One expired April 27, 1986. The other will expire October 27, 1986, unless extended. Union Pacific Land Resources Corporation proposes to'combine both license agreements into one addendum. The proposed resolution would authorize the Mayor to sign the addendum to the agreements extending the terms for five ' years. The cost of securing the access to the pipelines is $250 per year. "l0 September 16, 1986 13. 14 15 Staff recommends that a money purchase plan be adopted to give employees increased options for deferring money for their retirement. There would be no cost to the City to implement the plan. ICMA requires that adoption of the plan be by Resolution of the Council. Resolution 86-148 Making A000intments to the Zoning Board of Appeals. Two vacancies currently exist on the Zoning Board of Appeals due to the resignation of Steve Dodder and Mark Leis. The Council liaison has reviewed the applications on file and conducted interviews. In keeping with Counci1's policy, recommendations for these appointments were announced on September 2. The appointments were tabled to September 16 to allow time for public input. Prospective appointees are as follows: Zoning Board of Appeals John Barnett, regular Frank Lancaster, alternate David Younger, alternate Routine Deeds and Easements. Powerline easement from Jannette C. Clark and Mark S. Davis for installation of electric service for a streetlight at 816 Colorado Street. Consideration: $1. Warranty Deed from Roy C. Hall for construction of the Lincoln -Mountain realignment project. Right-of-way will be acquired from two property owners. Negotiations are continuing with the other property owner on the southeast quadrant. The project will improve the intersections by correcting a major alignment problem on Lincoln -Mountain and by correcting a minor alignment problem on Riverside -Jefferson. The project will also widen Riverside and add left turn lanes at the intersection. These improvements will increase the capacity of the intersection, reduce confusion and congestion, and improve safety conditions. The right-of-way is located at the' northwest corner of Mountain and Riverside. Consideration. $2,600.. Ordinances on Second Reading were read by title by Wanda Krajicek, City Clerk. Item #5. Item #6. ME September 16, 1986 IItem #7. Item #8. Item #9. :m ruviic improvements. Ordinances on First Reading were read by title by Wanda Krajicek, City Clerk. Item #10. Councilmember Estrada made a motion, seconded by Councilmember Kirkpatrick, to adopt and approve all items not removed from the Consent Calendar. Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Liebler, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. Items Relating to Horsetooth Road Special Improvement District No 83 Following is staff's memorandum on this item: "Executive Summary A. Hearing and First Reading of Ordinance No. 136, 1986, Authorizing the Issuance of City of Fort Collins, Colorado, Horsetooth Road Special Improvement District No. 83, Special Assessment Bonds in the Aggregate Principal Amount of $610,000; Prescribing the Form of the Bonds; and Providing for the Payment of the Bonds and the Interest Thereon. B. Hearing and First Reading of Ordinance No. 137, 1986, Authorizing the Transfer of Appropriations between Capital Projects and Appropriating Unanticipated Revenue in the'Capital Projects Fund. ' Horsetooth Road Special Improvement District No. 83 was established on August 21, 1984, as a voluntary special improvement district by petition of the adjacent and affected property owners. The purpose of this Special mo September 16, 1986 Improvement District was the construction of street improvements and storm ' drainage improvements from the BNRR to Shields Street on Horsetooth Road. Background The most common method of financing a City Special Improvement District is to create the district, finance the cost of improvements through the issuance of bonds, complete the construction, and then assess the property owners for the cost of the improvements. In the case of SID 83, however, the District was created in August of 1984, and the decision was made to proceed with the construction of improvements using City funds to pay the costs. The construction of improvements in this District is now complete and these improvements, along with the Final Statement of Costs, were accepted with the passage of Resolution 86-146 on September 2, 1986. The adoption of this ordinance will authorize the issuance of Special Assessment Bonds which will provide for the reimbursement of City funds used to pay the costs of construction. Total project costs in the District were $1,253,474. Of this amount, $643,016 were City costs and the remaining $610,458 were district costs. The proceeds from the bond issue will be used to reimburse the City for $610,000 in district costs which were paid by the City. The bonds will be paid from assessments against properties within the District. The remaining costs have been paid from the City's Storm Drainage Fund, the Street Oversizing Fund and the Capital Projects Fund. ' The bonds will be purchased by First Interstate Bank of Fort Collins and will be amortized over a fifteen year period at a net effective interest rate of 8.87%. The Ordinance authorizing the transfer of excess amounts within the Capital Projects Fund will provide the additional funds needed to pay for the City's portion of the costs in the District; these costs will not be assessed against the District property owners. When Horsetooth Road SID #83 was formed, City Council approved the inclusion of the costs of landscaped medians and landscaping between the curb and sidewalk in the project in order for the landscaping to be completed at the same time that the street improvements were being constructed. A preliminary estimate of $116,000 from Street Oversizing funds for this landscaping was included in the project and $116,000 was appropriated for the project in August 1984 by Ordinance No. 75, 1984. With final design and change orders, the landscaping package final costs are $166,220. This increase was due to several factors: (1) Larger caliper trees were installed than originally estimated in order to reduce maintenance and increase survival. (2) Generally, larger trees and other plant 'material were ' installed than originally estimated. M September 16, 1986 ' (3) The increased use of irrigation systems in medians, including the addition of timer systems to provide water for major tree plantings. (4) Increased hydro -seeding of medians and rights -of -way. The total overrun on the landscaping portion of the project is $50,220. Of this amount, $8,704 was absorbed through savings on other items in the project. This leaves an additional $41,516 which needs to be appropriated to cover the costs. There are unexpended funds available in the Prospect -Timberline project. Pursuant to City of Fort Collins Code, Section 30-2.A.(1), the City Council may transfer unexpended amounts from one project to another within the Capital Projects fund. Approval of this Ordinance will transfer and appropriate $41,516 from the Prospect -Timberline Intersection project account to the account for SID #83 to pay for the increased costs of the landscaped median islands in Horsetooth Road SID #83." Civil Engineer I Matt Baker gave a history of Horsetooth Road SID #83 and answered questions from Council. Councilmember Estrada made a motion, seconded by Councilmember Rutstein, to ' adopt Ordinance No. 136, 1986 on First Reading. Yeas: Councilmembers Estrada, Horak, Liebler, Kirkpatrick, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. Councilmember Rutstein made a motion, seconded by Councilmember Estrada, to adopt Ordinance No. 137, 1986 on First Reading. Councilmember Horak stated he objected to the transfer of funds from one capital project to another. He stated he felt the project should be designed to the amount of funds available. He indicated the practice conflicts with the guidelines given to departments during preparation of the 1987 budget. City Manager Burkett stated that the work on the project has already been completed. Councilmember Liebler questioned why overruns of this nature are not brought up when they become:obvious. Civil Engineer I Matt Baker replied that the construction management on this particular SID was handled by a consulting engineer. He stated that there was not an adequate cost accounting system in place for this project. Councilmember Kirkpatrick stated she understood the reasons for some of the ' decisions made on this project. She stated she hoped this was a learning experience and that this type of situation will not occur in the future. WN September 16, 1986 ' Councilmember Estrada agreed with Councilmember Kirkpatrick, and stated he felt a better policy was needed to deal with these types of issues. Councilmember Horak stated he did not feel the problem was with the policy, but rather with the implementation of the policy. He indicated he wanted more detailed information about how this occurred. City Manager Burkett stated he felt Councilmember Horak had made some very good points, and stated the City Manager was ultimately responsible to ensure that policies are followed and implemented correctly. He assured Council that policies will be followed in the future. Councilmember Stoner stated that although Council may not feel the debt should have been incurred, the fact remains that it has been, and needs to be paid. Councilmember Horak made a motion, seconded by Councilmember Ohlson, to table Ordinance No. 137, 1986 on First Reading to October 7. Yeas: Councilmembers Horak and Ohlson. Nays: Councilmembers Estrada, Liebler, Kirkpatrick, Rutstein, and Stoner. THE MOTION FAILED. 1 Mayor Ohlson stated he would also like more information about how this I overrun occurred. The vote on Councilmember Rutstein's motion to adopt Ordinance No. 137, 1986 on First Reading was as follows: Yeas: Councilmembers Estrada, Liebler, Kirkpatrick, Ohlson, Rutstein, and Stoner. Nays: Councilmember Horak. THE MOTION CARRIED. Items Relating to South Lemay Special Improvement District No. 86 Special Assessment Bonds and Notes Following is staff's memorandum on this item: "A. Second Reading of Ordinance No. 130,.,•1986, Authorizing the Issuance of City of Fort Collins, Colorado, South Lemay Special Improvement District No. 86, Special Assessment Bonds in the Aggregate Principal Amount of $2,530,000; Prescribing the Form of the Bonds; and Providing for the Payment of the Bonds and the Interest Thereon. Second Reading of Ordinance No. 131, 1986, Authorizing the Issuance of City of Fort Collins, Colorado, Street Oversizing Fund Revenue Notes, I Dated October 1, 1986, in the Aggregate Principal Amount of $400,000; Prescribing the Form of the Notes; and Providing for th'e Payment of the Notes and the Interest Thereon. MR September 16, 1986 ' These ordinances were unanimously adopted with one abstention on First Reading on September 2. Ordinance No. 130, 1986 authorizes Special Assessment Bonds to finance the SID No. 86 construction costs. Ordinance No. 131, 1986 authorizes Street Oversizing Revenue Notes. These ordinances will be amended on Second Reading to insert the interest rates." Interim Finance Director Alan Krcmarik summarized this item and stated the net effective interest rate on the bonds was 8.89%. Councilmember Stoner made a motion, seconded by Councilmember Rutstein, tc adopt Ordinance No. 130, 1986 as amended on Second Reading. Yeas: Councilmembers Estrada, Kirkpatrick, Liebler, Ohlson, Rutstein, and Stoner. Nays: None. Abstain: Councilmember Horak. THE MOTION CARRIED. Councilmember Stoner made a motion, seconded by Councilmember Estrada, tc adopt Ordinance No. 131, 1986 as amended on Second Reading. Yeas: Councilmembers Estrada, Kirkpatrick, Liebler, Ohlson, Rutstein, and Stoner. Nays: None. Abstain: Councilmember Horak. THE MOTION CARRIED. ' Items Relating to the Issuance of Industrial Development Revenue Bonds for Refunding of City of Fort Collins, Colorado, Industrial Development Revenue Bonds, Series 1986 (Old Town Associates Projects I and II) Following is staff's memorandum on this item: "A. Second Reading of Ordinance No. 132, 1986, Authorizing the Issuance of Industrial Development Revenue Refunding Bonds for Refunding City of Fort Collins, Colorado, Industrial Development Revenue Bonds, Series 1986 (Old Town Associates Project I), in the Principal Amount of $7,000,000. B. Second Reading of Ordinance No. 133, 1986, Authorizing the Issuance of Industrial Development Revenue Refunding Bonds for Refunding City of Fort Collins, Colorado, Industrial Development Revenue Bonds, Series 1986 (Old Town Associates Project' II), in the Principal Amount of $6,915,000. These Ordinances, which were adopted unanimously on First Reading on September 2, will allow the Old Town Partnership to refinance the 1983 Series Bonds in order to capture lower interest rates. The bonds are being ' issued for refunding purposes only. No "new" money is included in the bonds and no request for allocation has been made to the State. These Ordinances will be amended on Second Reading to insert the interest rates." sm a September 16, 1986 ' Councilmember Liebler made a motion, seconded by Councilmember Kirkpatrick, to adopt Ordinance No. 132, 1986 as amended on Second Reading. Susan McLoon, Ballard, Spahr, Anders, and Ingersoll, detailed the amendments to Ordinance No. 132, 1986. Bruce Lockhart, 2500 East Harmony Road, objected to Old Town Associates saving over $300,000 per year. He questioned what benefit the City will receive from issuing refunding bonds. Mayor Ohlson stated he felt the whole community benefits from actions that may make the project more successful. Councilmember Estrada agreed with Mayor Ohlson and pointed out the developer took a great deal of risk on the entire project. He stated he did not feel it inappropriate for the City to help out the developer when there is no cost to the City., Councilmember Rutstein pointed out that the City would gain some additional funds in the Economic Development Fund for the reissuance of new bonds. The vote on Councilmember Liebler's motion to adopt Ordinance No. 132, 1986 as amended on Second Reading was as follows: Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Liebler, Ohlson, Rutstein, and Stoner. Nays: None. ' THE MOTION CARRIED. Susan McLoon, Ballard, Spahr, Anders, and Ingersoll, detailed the amendments to Ordinance No. 133, 1986. Councilmember Liebler made a motion, seconded by Councilmember Rutstein, to adopt Ordinance No. 133, 1986 as amended on Second Reading. Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Liebler, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. Resolution 86-153 Accepting the Final Report of the City of Fort Collins Task Force on Economic Development Adopted Following is staff's memorandum on this item: "Executive Summary The Task Force on Economic Development was charged with interviewing and ' conducting discussions with various community groups, organizations, individuals to solicit ideas, suggestions, and beliefs about economic development. The Task Force was directed to examine data and the NEM September 16, 1986 ' environmental factors, issues, opportunities, and resources which impact the City's economic base. The Task Force was also asked to suggest strategies to guide and coordinate the community's economic development efforts. The members held two public forums, special outreach meetings, and received considerable input in their effort to identify community consensus. The Task Force then compiled their report, data summary, and twelve recommendations. This resolution formally acknowledges that the City Council accepts the report from the Task Force on Economic Development. Background The Task Force on Economic Development was appointed in December 1985, and given the charge of developing options and strategies to guide the community's economic development efforts. The Task Force held numerous special outreach meetings, and received significant public input. Hammer- Siler-George-Associates assisted the Task Force by providing a summary of general regional economic data and an assessment of local trends, resources, opportunities and constraints. The information was compiled in a two volume report, Economic Opportunities Plan and the Economic Development Analysis. The Opportunities Plan outlines twelve key recommendations which the Task Force concluded would address the broad areas of concern voiced by the public. The achievement of improved and ' enhanced economic opportunities to be shared with all citizens in Fort Collins is the basic goal of each recommendation. The action necessary to achieve the economic development goals and recommendations will require leadership from both the public and private sectors in the community. The work plan is intended to develop each recommendation more fully and can incorporate special needs and requests from targeted population and specific groups. The preliminary work plan will be presented to the City Council at a worksession in October." Councilmember Stoner made a motion, seconded by Councilmember Rutstein, to adopt Resolution 86-153. Assistant to the City Manager for Economic Opportunity Linda Hopkins summarized this item and answered questions from Council. Barbara Allison, 1212 Lynnwood Drive, asked if copies of the report were available to the public. Mayor Ohlson replied that he would obtain a copy for Mrs. Allison prior to the Citizen Participation portion of the meeting. Bruce Lockhart, 2500 East Harmony Road, objected to the proposal to spend $100,000 to $150,000 to hire a lobbyist to lobby for more research grants for CSU. ' Mayor Ohlson clarified that acceptance of the report did not constitute approval of each and every recommendation contained in the report. -91- September 16, 1986 Linda Hopkins noted that hiring a lobbyist is not one of the specific ' recommendations of the Task Force. Councilmember Rutstein reiterated that acceptance of the report does not mean that Council will follow each recommendation. She stated she appreciated the work of the Task Force and commented on the work ahead by Council and the community. Councilmember Estrada supported Councilmember Rutstein's comments, stressing the work yet to be done. He indicated other communities are using Fort Collins as a model in this area. Councilmember Horak stated that although he felt the report contained a lot of good information, he did not feel it was a good model. He stated he did not feel the Task Force was representative of the entire community. He indicated he did not agree with many of the recommendations of the Task Force and he was concerned about staff spending time developing detailed work plans. Councilmember Estrada disagreed with the conclusions Councilmember Horak had formulated. He supported many of the recommendations of the Task Force, indicating they will need to be prioritized. The vote on Councilmember Stoner's motion to adopt Resolution 86-153 was as I follows: Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Liebler, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. A. Citizen Participation was accepted by Athletic Director Thurman "Fum" McGraw, Coach Leon Fuller, and Bob Brookover, President of the University/Staff Faculty Booster Club. B. Proclamation Naming September 17-23 as Constitution Week was accepted by a representative of the Daughters of the American Revolution. C. Proclamation Naming September 26 as Homeless Awareness Day was accepted by Councilmember Gerry Horak as a member of -the Board of Directors for the Hospitality Center. D. Proclamation Naming September 21-27 as Adult Day Care Week was accepted by a representative of the Board of Directors and staff of Elderhaus. E. Proclamation Naming September 21-27 as Financial Independence Week was ' accepted by a representative of the Northern Colorado Chapter of the International Association of Financial Planning. 92- September 16, 1986 F. Proclamation Naming September 30 as RSVP Program Day was forwarded to the appropriate persons. G. Proclamation Naming October 5-9 as Minority Enterprise Development Week was forwarded to the appropriate persons. Public Hearings on the 1987 Recommended Budget and Proposed Uses for Revenue Sharing Funds in 1987 (Secretary's Note: A video tape highlighting the 1987 Budget was shown at this time.) The following people spoke about the proposed 1987 Budget: 1. Chris Kneeland, 2000 Manchester Drive, Chair of the Library Board, requested additional funding for the materials budget at the Library. She presented data on circulation, volumes on hand, etc. 2. An unidentified caller stated more funds should be identified for cleaning city streets. ' 3. Alyce Milton, 116 Pearl Street, Chair of the Cultural Resources Board and Fort Collins Museum volunteer, expressed opposition to the budget cuts at the Museum, stating the cuts will reduce the quality of the Museum, reduce the Museum's ability to grow, and reduce educational abilities of the Museum. She expressed concern about jeopardizing the possibility of becoming an accredited museum. She suggested the City use some of the $700,000 budgeted for street lighting to fund the Museum. An unidentified caller expressed concerns about the budget cuts at the Library and the Museum. Barbara Allison, 1212 Lynnwood Drive, stated she was also concerned with the budget for the Library, and suggested that the School District provide more support for the Library. She stated she felt cuts could be made in other areas of the budget. 6. Bill Harper, general manager of the Fort Collins Area Chamber of Commerce, read a statement prepared by members of the Chamber, supporting development of an economic development database, recommending analysis of investment yields of City monies, and recommending implementation of the Economic ' Development Task Force recommendations. The Chamber supported the concept of a revolving fund productivity reserve for innovative projects. The statement expressed S6191 September 16, 1986 concerns about the creation of a new Communications and ' Public Affairs office. (The statement was signed by Larry Scott, Chamber President.) Mayor Ohlson declared the second public hearing on the 1987 Recommended Budget closed. Citizen Participation Continued Jim Foster, representing the arts community, read a letter from Wil Huett, Chairman of the Fort Collins Council on the Arts and Humanities, regarding the activities of the Arts Council. He suggested a local "1% for arts" ordinance to support art programs, specifically art in public places. Resolution 86-154 Authorizing the Expenditure of Funds to Distribute Objective Information on Referred Ordinance No. 113, 1986, Which Authorizes an Agreement with R.P. Plaza, Ltd., a Colorado Limited Partnership, for the Construction of Certain Public Improvements within the Fort Collins Downtown Development Authority District Adopted Following is staff's memorandum on this item: I "Executive Summary The Colorado Campaign Reform Act (CRA) provides that cities may make contributions or contributions in -kind in campaigns involving issues in which they have official concern, provided the governing body authorizes such contributions. It has been determined on previous issues that such authorization is required for the dissemination of objective and factual information. The Resolution authorizes the expenditures of staff time and resources not to exceed $999 to provide objective factual information concerning Referred Ordinance No. 113, 1986, which has been placed on the ballot for a Special City Election to be held in conjunction with the General Election on November 4, 1986. Staff anticipates that the major expense will be an in -kind contribution of staff time to answer questions concerning the project. Background The attached Resolution makes a determination that Referred Ordinance No. 113, 1986 is a matter of official concern for the City of Fort Collins, and authorizes the expenditures of staff time and resources not to exceed $999 to provide objective, factual information concerning the Referred Ordinance. Similar Resolutions have been adopted to authorize expenditures concerning ' previous ballot issues. In 1984, the Council authorized 'expenditures up to $10,000 to support Referred Ordinance No. 23, 1984 (the No -Smoking IR1Z September 16, 1986 ' Ordinance). Actual expenses were $1786.71 ($725 for printed materials and $1061.71 for in -kind contributions). Expenditures up to $1000 were authorized to disseminate information concerning Charter Amendments placed on the March 5, 1985 General City Election ballot ($876 actual expense for printing, and $60 actual cost of in -kind contributions). For the corridor sales tax ballot issue on November 5, 1985, the City Council initially authorized an expenditure of up to $999 and later authorized an additional expenditure of up to $500 to disseminate objective information. The City did not adopt a similar Resolution for the Oak Park ballot issue in June, 1985. For this Referred Ordinance, expenditures are anticipated to be primarily in -kind contributions of staff time to disseminate objective, factual information concerning the ballot issue prior to the November 4, 1986 Special City Election." Councilmember Stoner made a motion, seconded by Councilmember Rutstein, to adopt Resolution 86-154. City Clerk Krajicek explained the purpose of this Resolution and answered questions from Council. City Attorney Huisjen addressed the provisions of the Campaign Reform Act and how it pertains to "in -kind" contributions. ' Bruce Lockhart, 2500 East Harmony Road, pointed out that a Resolution of this nature was not adopted for the Oak Park election and questioned why this action is being taken for this election. City Attorney Huisjen replied that although he did not recall why a similar Resolution had not been adopted for the Oak Park election, he did recall a complaint being filed several years ago against the City for in -kind contributions. Barbara Allison, 1212 Lynnwood Drive, questioned whether $999 is enough to cover expenses. She suggested the City address questions of ownership of the apartments, ownership of parking lots, easement vacations, and whether the project is going to be tax exempt. Councilmember Estrada stated he felt $999 might not be enough to disseminate adequate information and suggested raising the amount to $3,000. Councilmember Kirkpatrick stated she preferred $999 and that any information distributed be done in a simple fashion, avoiding "glossy" brochures. Councilmember Liebler pointed out there are other groups involved in this issue that may distribute information and stated she did not feel more than ' $999 is necessary to distribute factual information. -95- September 16, 1986 Councilmember Horak stated he did not feel the City should spend money on ' providing information on ballot issues, but stated he would support the Resolution in order to comply with the Campaign Reform Act. He stated he felt the Housing Authority and the Downtown Development Authority should draft and distribute a brochure on the issue. Councilmember Stoner stated he saw the City as a proponent of the issue and therefore it made sense to him for the City to distribute information on an issue the Council obviously feels would be good for the City. He stated he felt a brochure would be very beneficial in distributing factual information. Councilmember Estrada stated that if $3,000 were authorized, approximately $2,000 would be expended in staff time, leaving $500-$1,000 for a brochure that is not particularly glossy. Councilmember Estrada made a motion, seconded by Councilmember Stoner, to amend Resolution 86-154 to reflect a sum of $3,000 rather than $999. Councilmember Horak pointed out that Council can raise the amount at a later date if it becomes apparent that $999 is not adequate. Councilmember Rutstein stated she would like to see what can be done for $999 before raising the amount. ' Councilmember Stoner suggested the City provide funding to an outside organization, for example the League of Women Voters, to prepare information. Councilmember Rutstein stated she did not feel there was adequate time for an outside organization to pull the necessary information together. Councilmember Horak stated he felt that was a good idea, but he did not feel it would work this time. He indicated he felt once the City is in the proponent's role, it is difficult to provide unbiased information. Mayor Ohlson stated he could not support more than $999. He stated he did not support spending taxpayer money on campaign issues. He stated he would oppose the amendment, but would be supporting the original motion. Councilmember Estrada withdrew his motion to amend Resolution 86-154. Councilmember Stoner withdrew his second. The vote on Councilmember Stoner's motion to adopt Resolution 86-154 was as follows: Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Liebler, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. EM September 16, 1986 City Attorney's Report City Attorney Huisjen reported on the progress of the Charter Review Committee. He also reported on the ongoing recodification project. City Manager's Report City Manager Burkett presented awards to the winning and losing teams of the City picnic volleyball tournament. Danny Robinett, captain of the Pothole Spikers, accepted the award for the winning team. City Manager Burkett presented an award to the losing team, the City Council, who scored the fewest points during the tournament. City Manager Burkett requested an Executive Session at the end of the meeting to discuss legal matters. Councilmembers' Reports Councilmember Stoner reported on the success of the Air Show. Councilmember Kirkpatrick stated she had received several letters from children who enjoy the Museum. Councilmember Liebler requested Council adjourn this session to September 23 to make appointments to the Housing Authority so that appointments can become official on October 7. Councilmember Horak asked if the alternates could be appointed this evening for a term until October 21 so that they may vote in the interim. City Attorney Huisjen replied that would be sufficient to meet the requirements of the law. Councilmember Horak pointed out that as a representative of the Council team, he beat City Manager Burkett in the race. He also mentioned that the Senate has passed ,the Poudre,Bi11. Mayor Ohlson reported that the .City had received a grant of $150,000 from the Exxon overcharge fund for curbside collection of recyclable materials. He reported on a meeting with the president of the Iowa Mayors' Association. He stated the Horsetooth Trail needs more volunteers on September 20 and 21, and October 11. -97- September 16, 1986 Other Business Councilmember Liebler made a motion, seconded by Councilmember Horak, to appoint David Frick and Beverly Lee to the Housing Authority for a term of office from September 16 to October 21, 1986. Councilmember Rutstein questioned whether these appointments are legal. City Attorney Huisjen replied it was his belief that the appointments would meet the legal requirements. Councilmember Liebler made a motion, table the appointments until later Attorney to research the legality o Estrada, Horak, Kirkpatrick, Liebler, None. THE MOTION CARRIED. seconded by Councilmember Rutstein, to in the meeting to allow the City f this action. Yeas: Councilmembers Ohlson, Rutstein, and Stoner. Nays: Councilmember Rutstein made a motion, seconded by Councilmember Kirkpatrick, to adjourn into Executive Session for the purpose of discussing an ongoing contractual obligation with Public Service Company. Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Liebler, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. At the conclusion of the Executive Session, Mayor Ohlson noted that the City Attorney had determined that the motion tabled from earlier in the meeting making temporary appointments to the Housing Authority is not appropriate. Ad.iournment Councilmember Rutstein made a motion, seconded by Councilmember Estrada, to adjourn the meeting to September 23 at 5:00 p.m. Yeas: Councilmembers Estrada, Kirkpatrick, Liebler, Rutstein, and Stoner. Nays: Councilmembers Horak and Ohlson. The meeting adjourned at 10:30 p.m. ATT %ST: City Clerk Mayor 1 191