HomeMy WebLinkAboutMINUTES-11/01/1994-RegularINovember 1, 1994
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,
November 1, 1994, at 6:30 p.m. in the Council Chambers of the City of Fort
Collins City Hall. Roll Call was answered by the following Councilmembers: Apt,
Azari, Janett, Kneeland, and McCluskey. Councilmember Absent: Smith.
Staff Members Present: Jones, Krajicek, Roy.
Resolution 94-183
Expressing Appreciation to Gerry Horak
for his Contributions to the Community
as Councilmember and Mayor. Adopted.
Councilmember Apt made a motion, seconded by Councilmember Kneeland, to adopt
Resolution 94-183.
Mayor Azari read the resolution into the record and asked for citizen input on
' the resolution.
David Roy, 1039 W. Mountain Ave., expressed thanks to Gerry Horak for his
contributions to the community.
Each Councilmember expressed thanks and appreciation for Gerry Horak's more than
13 years of service on the City Council.
The vote on Councilmember Apt's motion was as follows: Yeas: Councilmembers
Apt, Azari, Janett, Kneeland and McCluskey. Nays: None
THE MOTION CARRIED.
Mayor Azari and Interim City Manager Jones presented Mr. Horak with two plaques
recognizing his years of service as Mayor and Councilmember and with a framed
copy of Resolution 94-183.
Mr. Horak expressed stated it had been a privilege and an honor to serve the
citizens of Fort Collins, especially those in northwest Fort Collins.
Citizen Participation
Gary Peterson, 1805 Crestmore P1., raised questions related to the
constitutionality of the City's involvement in the DARE Program.
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November 1, 1994
Al Bacilli, 520 Galaxy Ct., asked that the new City Manager be chosen from within
Fort Collins and raised questions relating to the payment of PRPA dues to the
Chamber of Commerce.
Tim Dolan, 4212 New Hampton Ct.,, Golden Meadows, expressed concerns about time
limits imposed for citizen input, the limits of personal exposure Councilmember's
face in law suits and about the tone used by the Mayor when speaking to the
public.
Gerry Horak, 1511 Lakeside, responded to Mr. Dolan's comments relating to the
personal exposure of Councilmembers.
Citizen Participation Follow -Up
Mayor Azari asked the City Attorney to respond to Mr. Peterson's allegations
relating to the DARE Program. She apologized to Mr. Dolan and any others who may
have been offended by her comments or tone.
Agenda Review
Interim City Manager Jones called attention to a substitute Resolution 94-187
Endorsing the 1994 Draft PRPA Integrated Resource Plan that was included in
Council's packet. She stated the resolution had been revised at the request of
Councilmember Apt.
***CONSENT CALENDAR***
This Calendar is intended to allow the City Council to spend its time and energy
on the important items on a lengthy agenda. Staff recommends approval of the
Consent Calendar. Anyone may request an item on this calendar to be "pulled" off
the Consent Calendar and considered separately. Agenda items pulled from the
Consent Calendar by the Public will be considered separately under Agenda Item
#22, Public Pulled Consent Items.
a
This Ordinance, which was unanimously adopted on First Reading on October
18, appropriates prior year reserves and unanticipated revenue in various
City funds, and authorizes the transfer of appropriated amounts between
funds. The City Charter authorizes the City Council to provide by
ordinance for payment of any expense from prior year reserves. It also
authorizes the City Council, after the expiration of eight months of the
budget year, to appropriate actual revenue realized in excess of budget
estimates. The Charter also authorizes the City Council to appropriate
unanticipated revenue received as a result of rate or fee increases or new
revenue sources. Additionally, it authorizes the City Council to transfer
any unexpended appropriated amounts from one fund to another upon
recommendation of the City Manager provided the purpose for which the
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November 1, 1994
' transferred funds are to be expended remains unchanged or the purpose for
which they were initially appropriated no longer exists.
10.
In March of 1994, the City Managers and Town Administrators from each
participating community were directed to prepare a resolution, work plan
and cost estimate. At the June 7, 1994 City Council Meeting Resolution 94-
90 was adopted endorsing the regional Planning and Growth Management
initiative of Northern Colorado communities. The purpose of this effort is
to develop a plan and action steps to preserve the identity and physical
separation between the cities and towns of the region. Ordinance No. 149,
1994 was unanimously adopted on First Reading on October 18, 1994.
The house and lot at 309 South Sherwood was deeded to the City on April 17,
1985, from the estate of Grace Quinby. Mrs. Quinby's intent was for the
property to be converted to a mini park for senior citizens with a plaza,
restroom, tables, benches, and landscaping.
' Consideration was given to demolishing the house. Upon inspection for this
work, the City found out that the siding was made with asbestos and the
special care required to remove it was much more costly than the demolition
estimate. Also, at that time, no qualified asbestos removal firm came
forward for the job.
After consultations with the City Attorney's Office and the attorneys for
the Grace Quinby estate, the law firm of March and Myatt, it was decided
that it would be preferable for the City to sell the property and award the
proceeds, a minimum of $55,000, to the estate. This is within the
appraisal range of $54,000 to $57,000. Any value received less than
$55,000 would have to be made up by the City. Ordinance No. 150, 1994 was
unanimously adopted on First Reading on October 18, 1994.
12.
The Airport Manager has negotiated a lease of property to Fred Herr for the
construction of an aircraft hangar. Fred Herr will build an aircraft
hangar on the leased property. The hangar will provide 2,880 square feet
of aircraft storage space. The hangar will be used by Fred Herr for the
storage of his personally owned and operated motor -glider airplane. At the
expiration of the lease, the improvements revert to the ownership of the
Cities. Ordinance No. 151, 1994 was unanimously adopted on First Reading
' on October 18, 1994.
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13.
14.
November 1, 1994
For the second straight year, Police Services has been awarded a grant,
this year totalling $70,000, from the Colorado Department of
Transportation, Office of Transportation Safety for funding a Law
Enforcement Assistance Fund project for the prevention of drunken driving
and the enforcement of laws pertaining to driving under the influence of
alcohol or other drugs. Ordinance No. 153, 1994, which was unanimously
adopted on First Reading on October 18, 1994 appropriates $70,000 in grant
funds for expenditure in the Police Services 1995 DUI Enforcement Program.
The current Library is three times smaller than is needed to serve the
current customers and the current population.. Using conservative
population projections for the next twenty years, staff is recommending
that a Main Library of 100,000 to 115,000 s.f. in size be built. A major
branch library in the size range of 31,500 to 46,500 s.f. is also '
recommended for the southwest portion of the City. The mini library is the
first step toward a permanent branch building. This would allow youth
activities to be offered in one central location. The recently formed
Youth Advisory Board has supported this concept.
The Old Fort Collins High School Site is 16.82 acres in size and would give
the Library 98,100 s.f. plus the ability to add 16,900 s.f. for a total of
115,000 s.f. The large gymnasium area would provide a 36,800 s.f. Youth
Center/Sports Complex. The site is large enough to accommodate off street
parking for the Library, auditorium and Youth Center use. Library
customers have long requested convenient and adequate off street parking
and drive -by bookdrops; the site allows both.
The location of the Old High School and its local historical significance
make it worthy of a close examination as an important reuse option. The
Public Library, an educational institution that serves many children as
well as adults, and a Youth Center would certainly be active, long term
uses that the entire community could appreciate and benefit from. The
Public Library began in 1900 and occupied the Carnegie building (the
current Museum) from 1906 until moving to its present location in 1976. As
a longstanding community institution, the Library could retain a
historical importance in the City by occupying the High School built in
1924.
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15.
November 1, 1994
The feasibility study would include the expertise of a nationally
recognized library building consultant and a thorough structural and
mechanical analysis of the Old High School. Libraries have heavy floor
loading requirements for bookstacks and fairly intense electrical,
telephone/dataline, and mechanical needs. With this knowledge, the
consultants will be asked to provide cost data reflecting the actual
building needs. More accurate cost data and assessment of the strengths
and weaknesses of the building will assist in determining the City's
interest in the use of the building. Staff intends to work with
professionals who have analyzed the building in the past to build on that
available data.
This Ordinance makes minor changes to three sections of Chapter 26 of the
Code of the City of Fort Collins to: (1) correct wording errors, (2)
correct references between Code sections; and (3) clarify which utility
users are required to submit an Industrial Discharge Permit Application.
16. Items Relating to Historical Landmark Designations.
A. First Reading of Ordinance No. 161, 1994, Designating 131 Lincoln
' Avenue as a Historic Landmark Pursuant to Chapter 14 of the Code of the
City of Fort Collins.
B. First Reading of Ordinance No. 162, 1994, Designating 546 Willow Street
as a Historic Landmark District Pursuant to Chapter 14 of the Code of
the City of Fort Collins.
17.
C. First Reading of Ordinance No. 163, 1994, Designating III North College
Avenue as a Historic Landmark Pursuant to Chapter 14 of the Code of the
City of Fort Collins.
The owners of the listed properties are initiating these requests for Local
Landmark Designation. A public hearing was held by the Commission on
October 11, 1994, at which time the Commission voted to recommend
designation of these properties.
Section 8-160(d)(3) of the Code states that any exemption to the use of
competitive bidding in excess of $50,000 must be approved by the City
Council. The purchase from PRC Public Sector, Inc. is requested because it
has provided all of the other hardware and software for the computer aided
dispatch center and is the most familiar with the existing system. The
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November 1, 1994
goods and services to be purchased from PRC are required to maintain
compatibility with the existing dispatch computer system.
The Resolution will authorize the purchase of the upgrades for the computer
aided dispatch center from PRC Public Sector, Inc. as an exception to the
use of competitive bid or proposal.
Process.
In 1979 the City Transportation Department purchased the IDC/Multisonics
Traffic Signal Controllers and the Master Traffic Control Computer system.
In 1994, Resolution 94-130 Authorized the Mayor to enter into an
Intergovernmental Agreement with the Colorado Department of Transportation
for the upgrading of traffic signal controllers and the City's master
traffic control computer.
This project is intended to replace twenty traffic signal controllers that
are currently between twelve and fifteen years old. The life of a
controller is generally expected to be ten years.
Resolution 94-186 Approving the Extension of the Professional Services
Agreement with Bondi & Co. to Include the 1994 Audit.
Article II, Section 17 of the City's Charter requires the City Council to
provide for an independent audit of the City's books and accounts on an
annual basis. Bondi & Co. provided these services for the 1993 audit.
Under the terms of the contract with Bondi & Co., the City has an annual
option to renew the contract until the completion of the 1997 audit. The
option to renew must be exercised by notifying Bondi & Co. in writing each
year.
Staff and the Finance Committee have reviewed the performance of Bondi &
Co. for the 1993 audit. The review found that Bondi met the City's
expectations in terms of quality and timeliness of the City's audit. In
addition, the Management Letter and related reports met or exceeded the
expectations of the Finance Committee in providing the Council with useful
financial management information.
20. Resolution 94-187 Endorsing the 1994 Draft Platte River Power Authority
Integrated Resource Plan.
Through. this Resolution, the Fort Collins
Platte River Power Authority Integrated
consideration by the Platte River Board of
Board meeting on December 8, 1994.
PZ1tl
City Council will endorse the
Resource Plan (IRP). Formal
this IRP will take place at the
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November 1, 1994
21. Routine Deeds and Easements.
A. Deeds of Easement from Greenstone, Inc. for the purpose of permanent
drainage. The 30 foot wide easements run from the Union Pacific Rail
Road to Fossil Creek at the corner of County Road 32 and County Road
11. Monetary consideration $0.
B. Deed of Easement from Children's World Learning Centers, Inc., a
Delaware Corporation., for the purpose of drainage. The easement is
located in Drake Landing P.U.D., Lot 1, Block 1 which is 2551 Hampshire
Road. Monetary consideration $10.
Items on Second Reading were read by title by City Clerk Wanda Krajicek.
a
10. Second Reading of Ordinance No. 149, 1994 Appropriating Prior Year Reserves
for a Regional Planning and Growth Management Project.
11.
' 12. Second Reading of Ordinance No. 151, 1994 Authorizing the Long -Term Lease
of Property at the Fort Collins -Loveland Municipal Airport for the
Construction of an Aircraft Hangar.
13.
Driving Enforcement Program.
26.
Items on First Reading were read by title by City Clerk Wanda Krajicek.
14.
15.
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November 1, 1994
16. Items Relating to Historical Landmark Designations. '
A. First Reading of Ordinance No. 161, 1994, Designating 131 Lincoln
Avenue as a Historic Landmark Pursuant to Chapter 14 of the Code of the
City of Fort Collins.
B. First Reading of Ordinance No. 162, 1994, Designating 546 Willow Street
as a Historic Landmark District Pursuant to Chapter 14 of the Code of
the City of Fort Collins.
C. First Reading of Ordinance No. 163, 1994, Designating Ill North College
Avenue as a Historic Landmark Pursuant to Chapter 14 of the Code of the
City of Fort Collins.
Councilmember Kneeland made a motion, seconded by Councilmember Apt, to adopt and
approve all items on the Consent Calendar. The vote on Councilmember Kneeland's
motion was as follows: Yeas: Councilmembers Apt, Azari, Janett, Kneeland and
McCluskey. Nays: None.
THE MOTION CARRIED.
Staff Reports
City Attorney Roy introduced Roberta Burnett, a new Assistant City Attorney I
replacing Mary Crumbaker. Ms. Burnett began work on October 24 and will focus
on employment law.
Councilmember Reports
Councilmember Kneeland called attention to the item on tonight's Consent Agenda
relating to the feasibility study for the use of the Old Fort Collins High School
building as a main library and youth center.
Councilmember McCluskey spoke of a focus group sponsored by the Governmental
Accounting Standards Board that looked at the use of the financial statements by
the various local and state entities. He stated citizens have a difficult time
reading the statements and this issue is being looked at nationally.
Councilmember Apt commented on the resolution endorsing the 1994 draft of the
PRPA Integrated Resource Plan. He stated the Plan is an excellent document and
a document that looks to the future and innovative technologies such as demand
side management.
Councilmember Janett spoke of the Northern Larimer County Land Use Symposium that
she had attended. The purpose is to determine the best way to get community
involvement in land use planning decisions.
Mayor Azari announced two special cable programs that will be originating from
City Hall. The first is a candidates's forum scheduled for November 2 at 7:00 '
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November 1, 1994
' p.m. and the second is a special edition of "Perspectives" on Thursday at 8:00
p.m. that will focus on growth and development issues in the community. Both
will be televised on cable channel 27.
Appeal of the September 26, 1994 Decision
of the Planning and Zoning Board Approving the
Fort Collins Housing Authority PUD Expansion,
Preliminary. Planning and Zoning Upheld.
The following is staff's memorandum on this item.
"Executive Summary
The City Council should consider the appeal based upon the record and the
relevant provisions of the Code and Charter, and, after consideration, either
uphold, overturn or modify the decision of the Planning and Zoning Board.
On September 26, 1994, the Planning and Zoning Board voted 4-3 to grant
preliminary approval to the Fort Collins Housing Authority PUD Expansion. This
project consists of a 2,660 square foot addition to the existing 3,883 square
foot building located at 1715 West Mountain Avenue. The property is zoned NCL,
Neighborhood Conservation, Low Density.
' On October 3, 1994, an appeal to the Planning and Zoning Board's approval was
filed by William and Nancy Gray, "parties - in- interest" as defined in the City
Code. The City Attorney's Office found this appeal to be insufficient. On
October 14, 1994, an amended appeal was received. The appeal is based on Section
2-48(1) of the Code:
(1) Failure to properly interpret and apply relevant provisions of the Code
and Charter.
1
The attached documents include:
- The amended notice of appeal;
- The Planning Department's response to the appeal;
- The information packet received by the Planning and Zoning Board for
the September 26, 1994 meeting; and,
- The minutes from the P&Z hearing.
The procedures for deciding the appeal are described in Chapter 2, Article II,
Division 3 of the City Code."
City Attorney Roy described the process to be followed and noted no new evidence
would be permitted. He added persons who are permitted to participate are
limited to parties in interest as defined in the Code.
Bob Blanchard, Project Planner,, discussed the appeal from the staff perspective.
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November 1, 1994
Nancy Gray, 110 Fishback Ave., appellant, stated she and her husband had assumed
that after the 1992 subdivision process, the issue was dead because subdividing
would not permit expansion. Staff assumed that since the Housing Authority was
not specifically addressed in the neighborhood plan, its use was recognized. She
stated that she did not believe that it was recognized• that this use would be
expanded. She gave some history on the building and site and responded to
staff's claim that the site is no longer a functional part of City Park. She
stated the expansion nearly doubles the size of the facility and is not
compatible with the neighborhood as it exists today. She spoke of the
neighborhood downzoning and of the neighborhood's return to an area of single
family detached residences. She stated the neighborhood does not support the use
of a storage and maintenance facility and is concerned that once the area is
enclosed, the park space has been encroached upon even further. She asked if a
storage and maintenance facility is the best land use for the site or the best
use for parkland. She stated the expansion is incompatible with the West Side
Plan.
Rochelle Stephens, Housing Authority Executive Director, stated the building at
1715 W. Mountain was constructed with HUD monies on the property leased to the
Housing Authority by the City for a 40 year term. She spoke of Housing Authority
activities and projects and stated the expansion plans are conservative,
responsible and practical. She stated relocation has been investigated but is
too costly. The expansion keeps the Housing Authority within its plotted
boundaries and no additional parkland will be intruded upon. The proposed one-
story structure is compatible with surrounding neighborhood structures and the
design is not intrusive. Fencing and shrubbery will conceal the expansion. She
stated the staff and client activities have a lesser impact upon the park areas
than the evening and week -end ballpark, picnic and pool activities at City Park.
Stephens read a letter supporting the expansion from Housing Authority
Commissioner Joann Langlie.
Janet Banks, 106 So. Bryan, #12, supported the Housing Authority expansion and
spoke of space and privacy concerns that exist at the Housing Authority offices.
Rob Gilkerson, 100 So. Bryan, stated the location of the Housing Authority
facility does not encroach on City Park activities or impact the neighborhood.
Debra Kaestner, 1700 W. Mountain Ave., supported the Housing Authority plan to
expand.
Evelyn Clarke, Housing Authority Commissioner, supported the Housing Authority
expansion.
Mary Cosgrove, Project Self Sufficiency, stated
office space in the Housing Authority location
residents of the Housing Authority properties.
need for this expansion.
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her organization occupies donated
and provides support services for
She stated there is a desperate
November 1, 1994
Jim Kline, Director of Development for the Housing Authority, spoke of the
mitigation efforts taken to make the project more compatible with the
neighborhood.
Rebuttal:
Nancy Gray, 110 Fishback, stated the Housing Authority should remain at its
present location but suggested the garage and storage facilities be moved. She
stated this is a land use issue and the question is whether a shop and
maintenance facility is good use of the land.
John Messineo, 137 No. Bryan, expressed concern over the use of the building.
He suggested the construction facility be converted to office space and the
construction facility be relocated.
Bill Gray, 110 Fishback, spoke of the precedent this expansion sets. He spoke
against the growing industrialization of the park and encouraged preservation of
the existing park facilities.
Rochelle Stephens, Housing Authority Executive Director, spoke of affordable
housing needs and asked Council to uphold the decision of the Planning and Zoning
Board.
Mayor Azari stated the appeal hearing was closed.
' Councilmember Kneeland asked about the staff rationale for recommending approval
of the expansion.
Bob Blanchard replied that since the expansion is in a fenced area within the
plat it does not diminish existing open space and does not adversely impact
adjacent residences.
Councilmember McCluskey asked for more information on the maintenance shop and
about the types of vehicles to be worked on at the site.
Jim Kline replied that no vehicle maintenance or repair is done on the site. The
vehicles are garaged and stored there and are mainly small pick-ups. He stated
non -working kitchen appliances are stored in the yard and will now be stored in
the building until they are removed to the landfill.
Nancy Gray stated this expanded use is not compatible with the Westside
Neighborhood Plan since the site is parkland. She stated the proposal does
comply with the LDGS but the LDGS is a tool not a plan.
Councilmember Janett asked if it is possible to add a condition to Council's
decision that would state the expansion is approved but that no further
expansions could be approved.
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November 1, 1994
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City Attorney Roy stated other ordinances allow changes in land
use whether it
is an expansion of an existing use
or a new use as long as certain
procedures are
followed and criteria are met.
He stated he did not believe
Council could
override those Code provisions in
a quasi judicial proceeding.
He stated that since this facility
is operated under a lease with
the City, the
terms and conditions of the lease may provide the City with an avenue
to address
future use on the site not in terms
of land use applications but in
terms of the
lease itself.
Councilmember Janett made a motion, seconded by Councilmember McCluskey, to
uphold the decision of the Planning and Zoning Board in the matter of the Housing
Authority PUD Expansion, Preliminary.
Councilmember Janett stated it is important to identify the issues surrounding
this appeal. The issues are land use issues and whether the use is compatible
with the neighborhood, the Westside Plan, and the LOGS. She stated the proposed
expansion will enclose a fenced in gravel lot and storage area and stated she did
not believe it will encroach upon the park or take up open space. The expansion
is for existing uses and there is no evidence that there will be a change in -
those uses. The expansion meets the All Development Criteria of the LDGS and the
design of the expansion has been aesthetically done to meet some of the
criticisms and needs of the neighborhood.
Councilmember Kneeland stated she would not support the motion because the I
existing land use is non -conforming and an expansion of the use is not within the
letter or spirit of the Westside Neighborhood Plan. A 6,000 square foot building
is not compatible with the existing neighborhood character.
Councilmember Janett stated that under Other Business she will be asking staff
to look into the issue of modifying the lease.
The vote on Councilmember Janett's motion to uphold the Planning and Zoning Board
was as follows: Yeas: Councilmembers Apt, Azari, Janett and McCluskey. Nays:
Councilmember Kneeland.
THE MOTION CARRIED.
Ordinance No. 152, 1994, Authorizing the Long -Term Lease
of Property at the Fort Collins/Loveland Municipal Airport
to be used as a Fixed Base Operation (FBO) for Airport Users
Adopted as Amended on Second Reading.
The following is staff's memorandum on this item.
"Financial Impact
This lease will generate for the Airport at least $48,000 in land rents, annually
for the first five years. After the fifth year, and every fifth year thereafter,
through the term of the lease (initial term is 10 years, with two five-year '
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November 1, 1994
' extensions), the rent will increase (using an equation based on the inflation
rate established in the Denver -Boulder Consumer Price index). Additionally, the
Fort Collins -Loveland jetCenter, Inc. ("the lessee") will pay fuel flowage fees
and one -percent (1%) of gross receipts to the Airport. Fort Collins -Loveland
jetCenter, Inc. will also provide additional benefit to the Airport by improving,
at their expense, the existing FBO facilities. Total investment by jetCenters,
Inc. during the first year of operation, including operating expenditures is
projected to be approximately $678,100.
Executive Summar
Improvements will include but are not limited to: replacement of furniture in the
customer and pilot lounge areas, remodel and install new restroom facilities,
provide new equipment for aircraft and facility maintenance, and install a new
weather service computer. Total value for first year improvements in the
facility is estimated to be approximately $178,900.
A Fixed Base Operator (FBO) is a firm that provides general aviation related
support services such as private and corporate aircraft fueling, contractual
aircraft maintenance and repair, flight training and pilot supplies. The
Airport's lease with the current supplier of FBO services, Mountain Flyers
Aviation, Inc. expires October 31, 1994.
' In March, 1994, the Airport requested competitive proposals from qualified firms
interested in providing FBO services at the Fort Collins -Loveland Municipal
Airport. Three firms responded: Mountain Flyers Aviation, Inc. of Loveland, CO,
Fort Aviation, Inc. of Loveland, CO and jetCenters, Inc. of Englewood, CO. On
June 28, 1994, the firms were interviewed by a selection committee comprised of
municipal employees familiar with the Airport's needs and professional selection
procedures. The committee, utilizing criteria and guidelines established in the
Airport's Request for Proposals (RFP), selected jetCenters, Inc. based upon the
firm's reputation, level of service and ability to make improvements in the
Airport facilities. In 1993 jetCenters, Inc. was rated as the second best FBO
in the State of Colorado by airport users, and jetCenters, Inc. consistently
ranks among the top ten FBO's nationwide. This information was presented to the
Airport Steering Committee on July 7, 1994. The Airport Steering Committee
agreed with the Committee's selection of jetCenters, Inc. Based upon the firms
reputation for providing a high quality of service and ability to provide
investments in the Airport, staff has negotiated an initial ten-year (10) lease
with two (2) five-year extension options.
A17 terms, conditions, requirements and activities covered in this Lease
Agreement are consistent with the Fort Collins -Loveland Municipal Airport
Operating & Development Policy and Twenty -Year Capital Improvement Plan adopted
by the Councils in Fort Collins and Loveland earlier this year. A copy of the
jetCenters, Inc. lease form is on file with the City Clerk. The lease with
jetCenters, Inc. will be executed following approval on second reading in both
Fort Collins and Loveland."
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November 1, 1994
Frank Bruno, Economic Affairs Director, stated that at the time of First Reading, '
Councilmembers had requested additional information and clarification. He called
attention to his memo addressing the request and then provided information in
detail.
Sandy Stullar, attorney representing jetCenters, Inc., introduced the firm, its
structure and its plans for the Airport. She spoke of her experience with public
airports and FBO operation and of the time spent in the selection and negotiation
process for this contract. She stated the new corporation will be a wholly owned
subsidiary of jetCenters, Inc. and was designed to make this project a success.
In the new corporation the Manager will be President of the corporation and will
be on -site and able to make administrative and corporate decisions instantly
rather than going back to a parent corporation in another city. The principles
in the corporation will all be seasoned officers and personnel with years of
experience on other jetCenters operations throughout the state and Salt Lake
City. The new corporation is not lacking in funding or experience to get the job
done.
Councilmember Kneeland made a motion, seconded by Councilmember Apt, to adopt
Ordinance No. 152, 1994, on Second Reading.
John Huisjen, 1136 E. Stuart, attorney representing Mountain Flyers Aviation,
stated Mountain Flyers accepts the fact that it will not be the next FBO but will
continue to serve as the FBO until replaced. At that time Mountain Flyers will '
cooperate with next FBO and turn over the Airport in a smooth and orderly
transition. It will continue to operate a flight school at the Airport. He
stressed the importance of the words in the new FBO lease and called attention
to the absence of a formal written provision from jetCenters, Inc. to guarantee
Fort Collins jetCenter's ability to perform according to the proposal made. He
expressed concern that the Cities will be receiving a low return on their
investment. He suggested the lease be examined on behalf of the public because
of the differences in what is being said and what is written.
Councilmember Kneeland asked the City Attorney to respond to the allegations that
the lease language is not specific.
City Attorney Roy replied that he would have to do some research on the
obligation of the parent corporation to guarantee the new corporation's ability
to perform under the proposal made. He stated the guarantee is an issue worth
exploring.
Fred Anderton, Airport Manager, answered questions related to maintenance of the
foundations and floors of the buildings. He stated responsibility for the future
funding of a new fuel farm has not been assigned. He recommended Council support
the lease as presented.
Councilmember Kneeland asked the City Attorney if the lease language needs to be
tightened up to address the concerns expressed.
255 '
November 1, 1994
City Attorney
Roy replied that the
guarantee issue needs to be addressed further.
He suggested
Council approve the
lease on Second Reading with the
proviso that
the guarantee
be obtained and made
part of the lease agreement.
Sandy Stullar
stated that she was
authorized to state on behalf of
jetCenters,
Inc., that a written guarantee in
support of jetCenters assertions
that it will
guarantee the
capital expenditures
and cover operating deficits of
fort Collins
jetCenters will
be provided.
After additional review, City Attorney Roy recommended that Council adopt the
ordinance on Second Reading with the additional condition that the obligations
of the tenant under the lease be guaranteed by the tenant's parent corporation
and that it be accomplished by separate instrument. The second issue is the
capital expenditures and whether they will be for capital improvements to be
owned by the Cities. He stated the improvements will not be owned by the Cities
but will be made under the terms of the lease. As far as the extension of the
lease, it reads that there is an initial 10 year term. The tenant has the
ability, at the tenant's option, to have the lease extended for two successive
five-year terms. If the tenant is in full compliance with the terms of the
lease, the Cities shall grant the extension. Staff continues to recommend that
Council enter into the lease with the additional provision related to the
guarantee.
Councilmember Kneeland made a motion, seconded by Councilmember Apt to amend her
original motion to include a condition that the obligations of the tenant under
the lease be guaranteed by the tenant's parent corporation.
The vote on Councilmember Kneeland's motion was as follows: Yeas:
Councilmembers Apt, Azari, Janett, Kneeland and McCluskey. Nays: None.
THE MOTION CARRIED.
Councilmember Janett asked about the staff expectation in terms of capital
improvements.
Anderton responded that jetCenters, in order to maintain its corporate image,
will need to make building improvements almost immediately. The facilities have
specific needs including the restrooms, the lounge area and the waiting area.
There is a binding commitment in the lease for restroom improvements, furniture
improvements, and television sets in the lounge areas '
The vote on Councilmember Kneeland's motion to adopt Ordinance No. 152, 1994, as
amended on Second Reading was as follows: Yeas: Apt, Azari, Janett, Kneeland
and McCluskey. Nays: None.
THE MOTION CARRIED.
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November 1, 1994
Resolution 94-176 Establishing and Revising Fees '
to be Charged at City Park Nine, Collindale, and SouthRidge Greens
Golf Courses, Option A Adopted.
The following is staff's memorandum on this item.
"Financial Impact
If Option A is adopted, staff projects that Operating Revenue generated from 1995
golf fees and charges will produce a total of $1,600,272 at City Park Nine,
Collindale, and SouthRidge Golf Courses, which is an increase of $106,692 or 7.14
Y over adopted and revised 1994 Operating Revenue of $1,493,580. If either
Option B or Option C are adopted, staff projects that Operating Revenue generated
from the 1995 Golf Fees and Charges will produce $1,645,272 at City Park Nine,
Collindale, and SouthRidge Golf Courses, which is an increase of $151,692 or 10.2
percent over adopted and revised 1994 Operating Revenues of $1,493,580. Options
A and C also include a $45,000 General Fund subsidy transfer to the Golf Fund for
Capital Outlay needs.
Executive Summary
Council postponed a decision on 1995 Golf Fees and Charges at the October 18
meeting, and requested that staff prepare options which include $45,000 from the
General Fund. These options are as follows: '
OPTION A - Increases 1995 Golf Fees and Charges an average of 7.14 percent to
generate $106,692 in new Operating Revenue; adds a $45,000 General Fund transfer
to the Golf Fund for Capital Outlay needs. This transfer helps pay for the
$80,000 Collindale Golf Course Pump System/Irrigation Project.
OPTION B - Increases 1995 Golf Fees and Charges an average of 10.2 percent to
generate $151,692 in new Operating Revenue, with no additional General Fund
transfer to the Golf Fund, requiring golf fees to totally pay for all Capital
Outlay needs including the Collindale Pump/Irrigation Project.
OPTION C - Increases 1995 Golf Fees and Charges an average of 10.2 percent (the
same as option B) to generate $151,692 in new Operating Revenue. This option
also transfers the $45,000 from the General Fund to the Golf Fund for additional
Capital outlay needs at the three golf courses. The Collindale Pump/Irrigation
Project is included in the $151,692 increase.
The Golf Board and staff believe that both the existing fee structure as well as
the proposed fees and rate increases for any of the three options are reasonable
and that golf prices are competitive and moderate considering the quality of City
of Fort Collins Golf Courses. The proposed fees and charges increases continue
to pave the way for more equitable fees to be paid by the golfers, and provide
the revenues necessary to maintain the City's courses to the level expected by
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November 1, 1994
the golfing community; as well as provides some funding for necessary Capital
Outlay needs at the three City golf courses.
BACKGROUND:
The Golf Fund is classified as an Enterprise Fund by City definition, and is
virtually 100 percent self-supporting from Golf revenues, except for
approximately $200,000 annually of the $400,000 annual refinanced SouthRidge
construction debt, with the other $200,000 paid by the Sales and Use Tax Fund,
through the year 2002. In May, 1994, City Council transferred $43,320 to the
Golf Fund from the General Fund as the "Community Value of Golf" for some of the
fee discounts provided to seniors and juniors. This funding was used
specifically for Capital Outlay expenses.
The Golf Fund is fully responsible for all of its own expenses and for
maintaining adequate reserves in the Fund. Several years ago, the Golf Board and
staff agreed that trying to retain at least $100,000 in reserves was an
appropriate goal. This goal has been accomplished every year through 1993 as
golf revenues annually exceeded golf expenses, and some of the excess cash
(profits) were used for the purchase of additional necessary and desirable
capital equipment and improvements. However, 1993 Golf Operating Revenues were
dramatically down for the first time since 1985 when SouthRidge was opened, and
1993 ended with a shortfall of nearly $120,000. 1993 Expenditures were cut and
' $162,876 in prior year Golf Fund Reserves were used to balance the budget, which
reduced the projected amount available in prior year reserves to virtually zero
by 1995. Also, Capital Outlay purchases for 1994 were significantly reduced from
prior years.
In 1992, City Council agreed that golf fees and charges should strive to maximize
revenues at all three golf courses in as fair and equitable a manner as possible,
while still retaining some amount of taxpayer subsidy for the SouthRidge debt.
Beginning in 1993, the SouthRidge Golf Course budget was merged into the Golf
Fund along with the budgets of City Park Nine and Collindale Go -If Courses.
Essentially, the existing golf fees and charges structure has been in place for
many years, and has been modified several times over the years as deemed
necessary. A71 modifications to the fees structure were approved by City Council
upon recommendation from staff and the Golf Board. Historically, the fee
structure was not perceived as being "broken", so it was not necessary to "fix
it" except for the various modifications. Examples of these modifications
include the elimination of single course annual passes, the addition of the per
play fees for annual passes, the creation of prime and non -prime times, and the
implementation of the use of annual pass cards at SouthRidge during non -prime
times.
A 1995 Golf Fees and Charges Committee, composed of Golf Board members Tom White,
Cindy Roper, Henry Fry, and Collindale Golf Professional Joe Nance, and Jerry P.
Brown reviewed 1994 fees and charges materials and other related documents. The
Committee generally concurred with the basic fees and charges goals established
' in 1994 as still being applicable for 1995 as follows:
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November 1, 1994
'
That prime time play
at each course is worth more and should cost more
than non -prime time play.
Committee members would like to continue the
prime time/non-prime
time
as is currently structured for at least one
more year to get a better
"read" on its applicability. Another option
discussed might be to
make
non -prime times on Monday, Tuesday, Wednesday,
and Thursday, but the
Committee
would like to stay with the current plan
for at least another
year.
2. That SouthRidge green fees should eventually be the same as the other two
courses. The goal of having the same green fees at all three courses is
important, and 1995 fees should continue to move in that direction.
That annual pass usage during non -prime times at SouthRidge be continued.
At this point in time, annual pass usage during non -prime times has not had
a negative impact on SouthRidge revenues, and continuation of this element
seems appropriate so at least two years worth of statistics can be
reviewed.
4. That the existing fee structure remain unchanged from 1994. Committee
members want to retain the fee structure developed for 1994, however, as
suggested by City Council when it approved additional General Fund monies
for the Golf Fund earlier this year as it relates to Senior and Junior
Annual Passes discounts, consideration needs to be given to the actual
amount of dollar discounts provided in the annual pass structure, and I
potentially move towards modifying these discounts.
PROPOSED 1995 GOLF FEES AND CHARGES OPTIONS
The proposed 1995 Golf Fund Budget as submitted is $1,736,994 which provides for
all necessary funding for Personal Services, Contractual Services, Commodities,
existing Lease/Purchase Capital Equipment, and all required Transfers/Other
Expenses including $25,000 in Americans with Disabilities Act improvements, and
$80,000 to pay for the Collindale Golf Course Pump System/Irrigation Project, but
allocates only $33,000 for all remaining Capital Outlay expenses. In order to
meet the $1,736,994 in proposed expenditures, $60,722 will be appropriated from
Golf Fund "Reserves", and Golf Fund Operating Revenues for 1995 will need to
increase either $106,692 (7.14Y) and $45,000 will need to be transferred to the
Golf Fund from the General Fund if Option A is adopted; or an additional $151,692
over projected 1994 operating revenues if Option B or Option C is adopted,
increasing all revenues generated from fees and charges an average of 10.2
percent to achieve this additional revenue. Option C would also add the
additional $45,000 General Fund subsidy transfer.
Golf Fund Operating Revenues for 1995 needed to increase $71,692 over projected
1994 Operating Revenues in order to meet the originally proposed 1995 Golf Fund
Budget, meaning fees and charges needed to increase at least an average of
approximately 4.8 percent to achieve this additional revenue. Staff and the Golf
Board developed a "Level 1" fees and charges schedule to accommodate this $71,692
increase, however, that budget had only $33,000 available for all other Capital '
259
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November 1, 1994
Outlay needs, and an additional $80,000 was needed in 1995 for the Collindale
Pump System Project which was not included. Since staff intends to pay for the
Collindale Pump System Project estimated to cost $80,000 in 1995, the fees and
charges need to be increased by an average of 5.4 percent more, which is
represented by a second fees and charges schedule as developed by staff and the
Golf Board known as "Level 2", bringing the proposed 1995 fees and charges to a
total increase of $151,692 or 10.2 Y over projected 1994 Operating Revenue. In
addition, the Golf Board and staff requested consideration of transferring an
additional $45,000 from the General Fund to the Golf Fund for other Capital
Outlay needs as the "Community Value of Golf" for the fee reductions provided to
Seniors and Juniors.
At the Council meeting of October 18, Council postponed a decision on 1995 Golf
Fees and Charges and requested that staff prepare options which could include the
$45,000 General Fund subsidy transfer, and fees and charges increases at two
levels. Staff has developed three options for proposed 1995 Golf Fees and
Charges, as follows:
OPTION A - Increase 1995 Golf Fees and Charges an average of 7.14 % to
generate $106,692 in new Operating Revenue; and adding $45,000•by
a transfer to the Golf Fund from the General Fund. This achieves
the full "level 2" Capital requests including the Collindale Pump
System Project. This is the option that was suggested by
Councilmember McCluskey at the October 18 meeting.
OPTION B - Increase 1995 Golf Fees and Charges an average of 10.2 percent
generating the full $151,692 needed from new golf operating
revenue. This will also achieve "level 2" Capital requests
including the Collindale Pump System Project. There is no General
Fund subsidy transfer in Option B for Capital Improvements.
OPTION C - Same as Option B, plus the $45,000 General Fund subsidy transfer to
pay for additional unfunded Capital Outlay needs in the Golf Fund.
A comparison of existing 1994 Golf fees and Charges with Option A fees and
charges increases is as follows:
Daily Green Fees
9-Ho7e Regular
18-Ho7e Regular
9-Hole Non -Prime Time
18-Ho7e Non -Prime Time
9-Ho7e Junior Non -Prime Time
Twilight Rate
Collindale and
City Park Nine
From $9 to $10
From $14 to $15
From $8 to $9
From $13 to $14
Remain at $5
From $5 to $6
(as applicable)
10-P7ay Punch Cards (All Three Courses)
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SouthRidoe
From $10 to $11
From $16 to $17
From $8 to $9
From $13 to $14
Remain at $5
From $5 to $6
9-Ho7e Punch Card ... From $80 to $85
18-Ho7e Punch Card ... From $130 to $135
Golf Car Rental Fees (All Three Courses)
9-Ho7e Regular
9-Ho7e Senior
9-Ho7e MedicaUSingle
18-Ho7e Regular
18-Ho7e Senior
18-Ho7e Medical/Single
Annual Passes
From $10.00 to $12.00
From $7.50 to $9.00
From $5.00 to $6.00
From $16.00 to $18.00
From $12.00 to $13.50
From $8.00 to $9.00
November 1, 1994
Per Play Fees increase from 50 cents per 9-Ho7es to $1.00 per 9-Ho7es during Non -
Prime Time, and from $1.00 to $2.00 per 9-Ho7es during Prime Time, for usage at
City Park Nine and Collindale; and from $4.00 to $4.50 for 9-Holes and from $6.50
to $7.00 for 18-Holes at SouthRidge (50% of Non -Prime Time Green Fee). However,
Annual Pass Base Fee Rates would remain at $400 for Adults; $300 for Senior
Citizens, Young Adults (Students), and Spouses; $200 for Juniors; $100 for Family
Children, with the Maximum Family Charge remaining at $900.
If either Option 8 or Option C are adopted, then Base Annual Pass Fees will also
increase as follows: Adults from $400 to $420; Senior Citizens, Young Adults
(Students), Spouse from $300 to $315; Juniors from $200 to $210; Family Children
from $100 to $105; with the maximum Family Charge from $900 to $945. In
addition, Collindale and City Park Nine 18-Ho7e Green Fees would increase from
$14 to $16. It should be noted in all options that Junior Annual Pass Per Play
Fees remain at 1994 rates to continue to encourage Junior Golf in Fort Collins.
With regards to annual passes, Council suggested to staff earlier this year, when
the $43,320 was appropriated to the Golf Fund from the General Fund, that the
Golf Board and staff should review the amounts of discounts that are provided in
the fee structure. Staff has gone on record that annual passes are in -and -of -
themselves a quantity discount savings for avid golfers. For example, in 1993
green fee golfers paid the City an average of approximately $10.50 per round at
the City's three golf courses, while annual pass golfers paid an average of $5.20
per round, with annual pass golfers averaging 61 rounds per golfer/per year.
This discount of 50% for all annual pass golfers (with an even higher discount
percentage for avid senior citizen golfers) is probably too much of a discount,
so the 1995 annual pass fee increases of an average of 12.2 percent in Option A,
and 19.2 percent in Options B and C will help close the gap on the discount
currently provided.
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November 1, 1994
PUBLIC PARTICIPATION PROCESS
As previously stated, the Golf Board and staff created a 1995 Golf Fees and
Charges Committee earlier this summer. The Committee reviewed 1994 fees and
charges materials, the history of the existing fees and charges structure,
compared fees at other Front Range golf courses, as well as other related fees
documents. The Committee then established its basic goals and reported them to
the entire Golf Board at its August Meeting. At that time, the "Level 1" and the
"Level 2" potential fees and charges were developed, and the Committee agreed to
present these possibilities to the golfers at two public meetings which occurred
on September 14 at City Park Nine Golf Course and on October 5 at Collindale Golf
Course. The Coloradoan ran several stories about these two public meetings and
the proposed fee increases, and Columbine CableVision's Fort Collins Evening News
did a feature story. KCOL and the Sports Hawk talked about fees and charges for
several weeks.
At the meeting on September 14, 19 golfers/citizens attended, and at the October
5 meeting 32 golfers/citizens attended. In early September, staff prepared a 20-
page document explaining the reasons and need for the fee increases. These
documents were available at all three golf courses, and over 100 of them were
taken by golfers for review. At both public meetings, most of the golfers in
attendance were Senior Citizens, and virtually all. in attendance were opposed to
any fee increases. Several alternatives were offered by the golfers/citizens,
including having City Council pay for all golf course Capital Improvements,
charging out-of-town fees, lowering fees, fully including SouthRidge for annual
pass golfers, eliminating all fees for junior golfers, changing or modifying
prime time/non-prime time fee rates, etc. Staff and Golf Board have previously
considered all of these potential options, and at this time, believe that what
we are submitting to Council for approval makes the most sense. Staff will
continue to study and review the suggestions made by the public, but for 1995
staff and the board are satisfied with the proposal.
GENERAL FUND BUDGET SUBSIDY REQUEST
In November 1993, City Council adopted Resolution 93-177. Section 2 stated that
"...Council may, in its discretion, appropriate General Fund revenue for capital
improvements or equipment at the golf courses to the extent that the Golf Fund
revenues have been reduced by the availability of special rates for juniors,
senior citizens, and others...". In May, Council appropriated $43,320 from
Reserves in the General Fund to the Golf Fund for capital improvements on all
three golf courses.
The total five-year projected shortfall of revenues needed in the Golf Fund to
meet the Capital Outlay needs at the three golf courses for 1995 through 1999 is
$621,000. These projections show revenue shortfalls for 1995, 1996, and 1997,
but beginning in 1998 the projected revenues exceed expenditures (assuming golf
.play remains normal and fees and charges are increased on an annual basis). The
single most important capital improvement need for 1995 in the Golf Fund remains
' the $80,000 for the pump station/irrigation renovations at Collindale Golf
262
November 1, 1994
Course, renovating the system that was installed in 1970, and is greatly '
outdated. It would clearly be nice to receive the entire $80,000 from the City
Council rather than increase fees, but based upon the community value formula
approved in the 1994 budget transfer, $45,000 represents the appropriate amount
of subsidy.
Therefore, the Golf Board requests that the City Council provide a subsidy from
the General Fund to the Golf Fund for capital outlay needs that are currently
unfunded, as the "Community Value of Golf", at least through 1997; but especially
some amount of funding up to $80,000 in 1995 for either the Collindale Pump
System or for other Capital Outlay needs."
Jerry P. Brown, Supervisor of Golf, explained the three options presented and
described the process for arriving at the recommendation to adopt Option A. He
stated the Golf Board supports Option C but Option A is acceptable to the
members.
Henry Fry, Golf Board Chairperson, stated the Board supported Option C, but
Option A is an acceptable course of action.
Councilmember McCluskey made a motion, seconded by Councilmember Kneeland, to
adopt Resolution 94-176, Option A.
Councilmember McCluskey stated Option A is a combination of users paying for golf I
course needs and of supporting last year's fee policies for seniors and juniors.
The transfer from the General Fund makes sense.
Mayor Azari stated the City needs to explore the community and recreation value
of golf to make sure the City is on the right track with golf policies.
The vote on Councilmember McCluskey's motion was as follows: Yeas:
Councilmembers Apt, Azari, Janett, Kneeland and McCluskey. Nays: None.
THE MOTION CARRIED.
Resolution 94-188 Making an Appointment
to Fill a Vacancy in the Office of
Mayor Pro Tem, Adopted, Councilmember Janett Appointed.
The following is staff's memorandum on this item.
"Executive Summary
Gerry Horak's resignation from City Council has created a vacancy in the office
of Mayor Pro Tem. The Resolution would make an appointment to fill the vacancy
for the remainder of Mr. Horak's two-year term. Council will select a new Mayor
Pro Tem at an Organization Meeting to be held on April 11, 1995 one week after
the 1995 regular municipal election."
263
November 1, 1994
Mayor Azari asked which Councilmembers were interested in the position of Mayor
Pro Tem. Councilmembers Janett and McCluskey expressed interest.
Councilmember Janett spoke of her approach to the position and her view of the
role of Mayor Pro Tem. She stated that because of her part-time employment
status, she would have time to attend and participate as needed.
Councilmember McCluskey spoke of his willingness and commitment to serving as
Mayor Pro Tem. He spoke of his experiences in chairing and working with other
groups and organizations.
Mayor Azari spoke of the importance of the position of Mayor Pro Tem and
expressed appreciation for the interest shown by Councilmembers Janett and
McCluskey. She asked councilmembers to consider who would bring the best balance
to the Leadership Team.
Councilmember Kneeland made a motion, seconded by Councilmember McCluskey, to
adopt Resolution 94-188, inserting the name of Councilmember McCluskey.
Councilmember Kneeland stated Councilmember McCluskey is well -qualified for the
job and has shown his ability to bring issues forward. She spoke of
Councilmember McCluskey's analytical and critical thinking skills.
' Councilmember Apt stated he supported Councilmember Janett for the position.
Councilmember McCluskey stated former Mayor Pro Tem Horak's practice of reaching
out to Councilmembers on a weekly basis is one he would like to continue.
The vote on Councilmember Kneeland's motion was as follows: Yeas:
Councilmembers Kneeland and McCluskey. Nays: Councilmembers Apt, Azari and
Janett.
THE MOTION FAILED.
Councilmember Apt made a motion, seconded by Councilmember McCluskey, to adopt
Resolution 94-188, inserting the name of Councilmember Janett. The vote was as
follows: Yeas: Councilmembers Apt, Azari, Janett, Kneeland and McCluskey.
Nays: None.
THE MOTION CARRIED.
Other Business
Councilmember Janett asked for a review of the Housing Authority lease of the
site on West Mountain specifically with regard to the City's ability to
renegotiate the lease to cap further expansion of the building and asked for
information on the maximum lot coverage under use by right restrictions. She
asked for an investigation as to whether the tires on the site meet the City's
' public health and safety and zoning requirements.
264
November 1, 1994
Councilmember Apt asked that staff investigate the possibility of getting '
microphone extensions for the Council desk.
Adjournment
The meeting adjourned at 10:30 p.m.
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