HomeMy WebLinkAboutMINUTES-11/15/1994-RegularNovember 15, 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 15,
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, McCluskey and
Smith. Councilmembers Absent: None.
Staff Members Present: Jones, Roy, Davis.
Citizen Participation
Roy Vratil, 1401 Shamrock, stated he did not believe citizens in Fort Collins supported veterans,
but thanked Mayor Azari for her support of area veterans.
Al Baccili, 520 Galaxy Court, asked how much the City pays in annual dues and opposed a
recent Planning and Zoning Board decision for a business to be located on Skyview Drive.
Heather Church, coordinator for COPIRG, invited Council to attend the upcoming World Hunger
Day dinner.
Kelly Ohlson, 2040 Bennington Circle, spoke of his concerns regarding recycling and trash
hauling and expressed frustration with Councilmembers and staff for not responding to his phone
calls. He stated the City punishes the recycler and rewards the waster.
Citizen Participation Follow-up
Councilmember Apt responded to Mr. Ohlson's comments and suggested looking more seriously
at a short term analysis.
Mayor Azari responded to Mr. Baccili and briefly described the process in which Council is
informed of projects. She apologized to Mr. Ohlson for his unhappiness with staffs presentation,
but supported staff, stating she believed they did a good job.
Councilmember Apt asked where contributions could be sent if people were unable to attend the
COPIRg World Hunger Day dinner.
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Agenda Review
Deputy City Manager Diane Jones stated there were no changes to the agenda as published.
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 # 20, Public Pulled Consent Items.
7. Second Reading of Ordinance No. 155, 1994 Amending Section 26-514(3)(b) of the Code
of the City of Fort Collins Relating to the Determination of Stormwater Utility Fees
There are no proposed fee increases for the city-wide operations and maintenance fee or
the 10 basin new development fees. Ordinance No. 155, 1994, which was unanimously
adopted on First Reading on October 18 amends Section 26-514(3) of the Code.
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8. Items Relating to the 1995 Downtown Development Authority Budget
A. Second Reading of Ordinance No. 157, 1994, Relating to the Annual '
Appropriations and Approving the Budget of the Downtown Development
Authority for Fiscal Year 1995 and Fixing the Mill Levy for the Downtown
Development Authority for 1995.
The Downtown Development Authority adopted the proposed 1995 DDA budget totalling
$304,755 and determined the mill levy necessary to provide for payment of all properly
authorized expenditures incurred by the District, at its regular meeting of October 6, 1994.
Ordinance No. 157, 1994 was unanimously adopted on First Reading on October 18.
B. Second Reading of Ordinance No. 158, Appropriating Revenue in the Downtown
Development Authority for Payment of Debt Service for the Year 1995.
Ordinance No. 158, 1994, which was unanimously adopted on First Reading on October
18, appropriates funds for the payment of Downtown Development Authority debt service
for 1995.
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9. Second Reading of Ordinance No 159, 1994 of the Council of the City of Fort Collins
Appropriating $15,000 for a Feasibility Study of the Old Fort Collins High School
Building and Authorizing Staff to Continue to Work on the Use of the Building as a Main
Library and Youth Center.
Ordinance No. 159, 1994 which was unanimously adopted on First Reading on November
1, authorizes a feasibility study which 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.
10. Second Reading of Ordinance No. 160, 1994 Amending Chapter 26 of the City Code
Relating to Non -Substantial Modifications to the Pretreatment Program
Ordinance No. 160, 1994, which was unanimously adopted on First Reading on November
' 1, 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.
11. Items Relating to Historical Landmark Designations.
A. Second 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. Second 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. Second Reading of Ordinance No. 163, 1994, Designating I I I North College
Avenue as a Historic Landmark Pursuant to Chapter 14 of the Code of the City
of Fort Collins.
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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.
The Landmark Preservation Commission and City staff are pleased to recommend these
properties for their historical and architectural importance. Ordinance No. 161, Ordinance
No. 162, and Ordinance No. 163 were unanimously adopted on First Reading on
November 1.
12. Items Related to the East Lincoln Third Annexation and Zonine.
A. Resolution 94-189 Setting Forth Findings of Fact and Determinations Regarding
the East Lincoln Third Annexation.
B. Hearing and First Reading of Ordinance No. 164, 1994, Annexing Approximately
17 Acres, Known as the East Lincoln Third Annexation.
C. Hearing and First Reading of Ordinance No. 165, 1994, Zoning Approximately 17
Acres, Known as the East Lincoln Third Annexation, Into the I-L, Limited
Industrial, District with a PUD Condition.
This is a request to annex and zone approximately 17 acres located north of East Lincoln '
Avenue and east of Lemay Avenue. The requested zoning is the I-L, Limited Industrial,
District with a PUD condition. The property is currently zoned I, Industrial, in the
County, which allows a wide variety of commercial and industrial uses. The property is
presently basically undeveloped, there is one single-family residence on the property.
This is a voluntary annexation of property located within the Fort Collins Urban Growth
Area. The, applicant anticipates the following uses to be developed on the property: a
convenience store, other convenience related retail uses, and, possibly, some light
industrial uses.
APPLICANT: Diamond Shamrock
c/o Galloway, Romero & Associates
14202 E. Evens Ave.
Aurora, CO 80014
OWNER: Webster Associates
60 E. Service Rd., I-25
Cheyenne, WY 82007
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November 15, 1994
' 13. First Reading of Ordinance No. 166, 1994, Amending Chanter 26 of the Code Relating
to User Rates and Charges for the Water and Wastewater Utility.
The recommended 1995 budget for the Water and Wastewater Utility includes overall
water rate increases of 5% and wastewater rate increases of 6%. The proposed Ordinance
includes several rate changes based on the results of recent cost of service analyses done
by staff. Such analyses are conducted every few years to ensure the costs of providing
service to different customer classes are based on historical usage patterns. The cost of
serving any group of customers changes over time due to changing service requirements
and/or changing water use patterns. This Ordinance makes several adjustments to existing
rates to more closely align the cost of providing service with the benefit received. The
cost of service adjustments are revenue neutral on a utility -wide basis, and are based on
an overall 5% increase in water revenue and a 6% increase in wastewater revenue.
14. First Reading of Ordinance No. 167, 1994 Amending Ordinance No 120 1993 and
Appropriating Unanticipated Revenue in the Downtown Development Authority Fund and
Revising Funding Sources for Improvements to the Linden Hotel and Salvation Army
Building.
In 1991, City Council passed Resolution 91-46 which emphasized the importance of the
redevelopment of the Linden Block as critical to the revitalization of the Poudre River
environs into the fabric of the downtown and as a community focal point, and to the
continued revitalization of the Downtown area. In particular, the Linden Hotel and -the
Salvation Army Building were identified as cornerstones to the revitalization of the Old
Town Historic District. Subsequently, In October 1993, Council adopted Ordinance No.
120, 1993 which resulted in an appropriation of $450,000 from three separate funding
sources, for the purpose of constructing improvements to the Linden Hotel and the
Salvation Army building. To date, no money has been transferred to the DDA for the
improvements. In addition, Council approved an intergovernmental agreement between
the City and the Downtown Development Authority in order to facilitate the construction
of the improvements. The City has since been awarded a grant from the Colorado
Historical Society to be used for improvements to the Linden Hotel. The receipt of these
grant funds changes the sources needed for the projects, that were previously identified
and approved. This item appropriates the $100,000 grant from the Colorado Historical
Society in the DDA Fund and identifies the changes in the funding sources for the
improvements to the Linden Hotel and Salvation Army building.
15. First Reading of Ordinance No. 168 1994 Appropriating $870 000 Unanticipated
Revenue in the Special Assessments Debt Service Fund.
Governmental accounting practices require that the City record as an expenditure the
' appraised value of any special assessment properties deeded to the City and held for
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November 15, 1994
resale. The revised 1994 Budget only included estimates for the Dueck and Johnson SID
properties. Current estimates are that the Lake Shore Estates property will be deeded to
the City on November 18, 1994; that the Johnson properties' foreclosure will not be
completed until 1995; and that the Dueck property may be redeemed by the owner before
the end of the year. The 1994 Budget includes $930,600 for property taken in inventory.
Since the Lake Shore Estates property is appraised at $1,800,000, another $870,000
should be appropriated for expenditure prior to December 31, 1994.
16. First Reading of Ordinance No. 169, 1994 Appropriating Prior Year Reserves for the
Purchase of the Land for the Locust Street Outfall.
The Locust Street Outfall is a capital improvement project identified in the Old Town
Master Drainageway Plan, adopted by City Council in December, 1993. Design and
construction is currently planned to begin in 1998; however, the property where the
channel would be located is currently for sale and the owners are interested in selling to
the City.
This project is in the area around Laurel Elementary School that has been incorporated
as a part of the Eastside Neighborhood Plan. Discussions have included the possibility
of a future trail access through this property to the Eastside Neighborhood Park south of
Laurel Street. '
17. First Reading of Ordinance No. 170, 1994, Authorizing the Conveyance of a Non -
Exclusive Easement For an Underground Telecommunications Cable and Vault in Favor
of US West Communications, Inc and Appropriating Unanticipated Revenue in the
General Fund for Park Maintenance.
US West Communications is requesting a 5' easement and a 10' x 10' pocket easement
for underground telecommunications cable and a vault. The location of this easement is
in Avery Park. US West is requesting this easement to relocate its services in the area
due to safety issues and to improve maintenance capabilities. The traffic in this area (Taft
Hill Road and Clearview Avenue) has increased significantly in the last few years.
Currently, the vault is located in the street right-of-way which requires the maintenance
trucks and personnel to be in traffic during repairs. The new telecommunications cable
will be laid in a conduit. The cable stays drier and can be pulled through the conduit to
be repaired without needing to dig up cable throughout the easement areas. Parks staff
has met with representatives of US West in the field and reached agreement on the
alignment.
18. Resolution 94-190 Revealing Resolution 94-156 and Revising the Name for the New
Senior Citizen Center.
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November 15, 1994
In 1989, the citizens of Fort Collins approved the designation of funds from sales tax to
build a new senior citizen center. This new facility will open in the first quarter of 1995.
A name -the -facility contest was held to select a name for this new facility. As part of the
contest format, the Senior Advisory Board was asked to review the name selected by the
committee and make a recommendation to City Council. The committee recommended
Foothills Oasis to the Senior Advisory Board. The Board modified the name to Foothills
Oasis: Fort Collins Senior Center and voted to submit the modified name to City
Council. The Board recommendation was then adopted by Council in Resolution 94-156
on September 20, 1994.
At the October 4 Council meeting, two citizens opposed the name choice during citizen
participation. A petition with about 80 signatures supporting this opposition was also
submitted to Council by one of the citizens. The Mayor asked that staff discuss this item
again with the Senior Advisory Board.
19. Routine Deeds and Easements.
A. Powerline Easement from Chiyoko Tsuchiya, 1617 Lakeridge, needed to install
new streetlight. Monetary consideration: $10.
B. Deed of Easements from Brittany Knolls Land L.L.C. and U.S. Home Corporation
for the purpose of permanent drainage. The combination of 5 foot and 10 foot
wide drainage easements run along three sides of each of the lots listed. The
easements are located just north of Trilby Road between Lemay and College
Avenues. Monetary consideration $10.
Items on Second Reading were read by title by Deputy City Clerk Molly Davis.
7. Second Reading of Ordinance No. 155, 1994, Amending Section 26-514(3)(b) of the Code
of the City of Fort Collins Relating to the Determination of Stormwater Utility Fees
There are no proposed fee increases for the city-wide operations and maintenance fee or
the 10 basin new development fees. Ordinance No. 155, 1994, which was unanimously
adopted on First Reading on October 18 amends Section 26-514(3) of the Code.
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November 15, 1994
8. Items Relating to the 1995 Downtown Development Authority Budget.
A. Second Reading of Ordinance No. 157, 1994, Relating to the Annual
Appropriations and Approving the Budget of the Downtown Development
Authority for Fiscal Year 1995 and Fixing the Mill Levy for the Downtown
Development Authority for 1995.
B. Second Reading of Ordinance No. 158, Appropriating Revenue in the Downtown
Development Authority for Payment of Debt Service for the Year 1995.
9. Second Reading of Ordinance No. 159, 1994 of the Council of the City of Fort Collins
Annropriating $15,000 for a Feasibility Study of the Old Fort Collins High School
Building and Authorizing Staff to Continue to Work on the Use of the Building as a Main
Library and Youth Center.
10. Second Reading of Ordinance No. 160, 1994 Amending Chapter 26 of the City Code
Relating to Non -Substantial Modifications to the Pretreatment Program.
11. Items Relating to Historical Landmark Designations.
A. Second Reading of Ordinance No. 161, 1994, Designating 131 Lincoln Avenue as I
a Historic Landmark Pursuant to Chapter 14 of the Code of the City of Fort
Collins.
B. Second 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. Second 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.
24. Second Reading of Ordinance No. 156, 1994, Being the Annual Appropriation Ordinance
Said Fiscal Year.
31. Second Reading of Ordinance No. 36, Determining and Fixing the Mill Levy for City of
Fort Collins General Improvement District #1 for the Year 1995 and Appropriating the
Budget for City of Fort Collins GID 41.
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November 15, 1994
IItems on First Reading were read by title by Deputy City Clerk Molly Davis.
12. Items Related to the East Lincoln Third Annexation and Zoning.
A. Hearing and First Reading of Ordinance No. 164, 1994, Annexing Approximately
17 Acres, Known as the East Lincoln Third Annexation.
B. Hearing and First Reading of Ordinance No. 165, 1994, Zoning Approximately 17
Acres, Known as the East Lincoln Third Annexation, Into the I-L, Limited
Industrial, District with a PUD Condition.
13. First Reading of Ordinance No. 166, 1994 Amending Chapter 26 of the Code Relating
to User Rates and Charges for the Water and Wastewater Utility.
14. First Reading of Ordinance No. 167, 1994 Amending Ordinance No 120 1993 and
Appropriating Unanticipated Revenue in the Downtown Development Authority Fund -'and
Revising Funding Sources for Improvements to the Linden Hotel and Salvation Army
Building.
15. First Reading of Ordinance No 168 1994 Appropriating $870 000 Unanticipated
' Revenue in the Special Assessments Debt Service Fund.
16. First Reading of Ordinance No. 169 1994 Appropriating Prior Year Reserves for the
Purchase of the Land for the Locust Street Outfall.
17. First Reading of Ordinance No. 170, 1994 Authorizing the Conveyance of a Non -
Exclusive Easement For an Underground Telecommunications Cable and Vault in Favor
of US West Communications Inc and Angropriating Unanticipated Revenue in the
General Fund for Park Maintenance.
23. First Reading of Ordinance No 171, 1994 Authorizing the City to Convey a Public
Right -of -Way and Easement for the Proposed Fossil Creek Estates P.U.D.
Councilmember McCluskey made a motion, seconded by Councilmember Apt, to adopt and
approve all items not withdrawn from the Consent Agenda. Yeas: Councilmembers Apt, Azari,
Janett, Kneeland, McCluskey, and Smith. Nays: None.
THE MOTION CARRIED.
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November 15, 1994
Staff Reports
Interim Deputy City Manager Diane Jones introduced Frank Bruno as the Interim Deputy City
Manager.
Councilmember Reports
Councilmember Kneeland noted Ordinance No. 166 was adopted on the Consent Agenda and
pointed out the Ordinance increases rates for water and wastewater. She stated the Finance
Committee believed the increase was justified and would promote conservation.
Councilmember Smith reported the School District wants to maintain possession of the Fort
Collins High School building and spoke of assembling interested parties to discuss possible
options for the building.
Councilmember Janett spoke of how the water and wastewater rates are calculated and stated it
would be beneficial for customers to voluntarily become metered.
Mayor Azari stated there was a citizen in the audience who wished to speak to something that
was not on the Agenda and requested that he be allowed to speak at this time. '
Harold Onsberry, 5813 Harrison Drive, stated taxpayers voted to fund a Senior Citizen Center
not a Community Center and requested the desires of the taxpayers be upheld.
Mayor Azari stated Mr. Onsberry's concerns would be directed to the Senior Advisory Board for
further review.
Ordinance No. 171, 1994
Authorizing the City to Convey
a Public Right -of -Way and Easement
for the Proposed Fossil Creek Estates P.U.D., Adopted.
The following is staff s memorandum on this item.
"Financial Impact
There will be no financial impact on the City of Fort Collins as Fossil Creek Partners will bear
all costs associated with construction and with restoration of disturbed areas. Fossil Creek
Partners has agreed to compensate the City for the land included in the right-of-way and
easement by conveying 3.4 acres of land in fee title to the City.
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November 15, 1994
IExecutive Summary
Fossil Creek Partners has proposed a residential development on a parcel of land adjacent to
the east end of the south boundary of the Cathy Fromme Prairie natural area in southwest Fort
Collins. Phase I of the Fossil Creek Estates P. U.D. received final approval from the Planning
and Zoning Board in June, 1994, contingent on the developer obtaining road right-of-way and
easements affecting a portion of the Cathy Fromme Prairie. This ordinance would authorize
dedication of 0.43 acres of land for the extension of Fossil Creek Drive into the proposed
development and grant an easement on 0.40 acres of land for road construction and installation
of a storm drain and other underground utilities. Fossil Creek Partners has agreed to
compensate the City for use of the land by conveying 3.4 acres of their land elsewhere on their
property as an addition to the Cathy Fromme Prairie.
BACKGROUND:
In May 1993, the City purchased 579 acres of land in southwest Fort Collins as the Cathy
Fromme Prairie Natural Area. The land was purchased with funds from the Conservation Tiust
Fund to protect a valuable remnant of the short -grass prairie ecosystem native to the Fort Collins
area, provide opportunities for passive recreation, and provide right-of-way for future
construction of the Fossil Creek Trail.
Fossil Creek Partners, Inc. purchased 43 acres of land adjacent to the south property line of the
Cathy Fromme Prairie in 1992, with the intent of developing the property. The City of Fort
Collins annexed the eastern 14 acres of this property in January 1993 and the remaining 29
acres in March 1994. Both parcels are zoned RLP -- low density residential. Fossil Creek
Partners has proposed development of their property in three phases. Phase I plans for
construction of 28 patio homes and 10 standard single-family units on the easternmost 13 acres
adjacent to Shields Street received final approval from the Planning and Zoning Board in June
1994. Plans for future development of the remaining land are uncertain, pending completion of
additional investigations to resolve issues regarding the effects of the future development on
wetlands and bald eagles.
The Planning and Zoning Board approval for Phase I of Fossil Creek Estates P. U.D. was
conditioned upon the applicant obtaining the offsite right-of-way and easements addressed herein.
The 0.43-acre right-of-way dedication is necessary to allow the access road into the development,
Fossil Creek Drive, to line up with the existing Fossil Creek Drive on the east side of Shields
Street. City staff required this location because of traffic safety concerns with alternative access
points directly into the private land. Fossil Creek Drive is at the base of a hill that rises to the
south and there would be inadequate sight distances if the location were moved farther to the
south.
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November 15, 1994
The proposed 0.40-acre access, slope, drainage, and utility easement further satisfies the '
conditions upon which the proposed development was approved. The easement would be used
for construction access for Fossil Creek drive and for installation of an underground stormdrain
and other subsurface utilities. The stormdrain would outlet into an existing concrete boxculvert
beneath Shields Street. Staff evaluated several alternatives for the storm drainage easement and
determined that the proposed underground stormdrain would result in the least disturbance to
the site. Following construction, the easement area will remain part of the Cathy Fromme
Prairie. Disturbed areas will be revegetated by the developer with native grass species that
currently occur onsite.
Staff consulted with an M.A.I. appraiser regarding appropriate compensation for the right-of-way
and easement. Although the City paid less than $2, 000 per acre for the Cathy Fromme Prairie,
land values in the vicinity are now in the range of $8,000 to $10,000 per acre. Fossil Creek
Partners offered payment of a fair market value of $8, 300 ($10, 000 per acre for 0.83 acres) for
the right-of-way and easement. As an alternative to cash payment, Fossil Creek Partners agreed
to convey to the City fee title to 3.4 acres of land adjacent to the Fromme Prairie in the area of
future development. This land is comprised of: (1) 2.55 acres of wetland that is part of a larger
wetland that occurs primarily on city -owned land, and (2) 0.83 acres of upland around the
wetland boundary. Fossil Creek Partners had previously agreed to dedicate the wetland area
to the City so that the entire wetland could be in city management. The additional land around
the wetland is considered compensation for the land required for the right-of-way and easement. '
The annexation, zoning, and P. U.D. approval processes for Fossil Creek Estates generated
considerable controversy regarding the potential adverse impacts on wildlife use of the Fromme
Prairie, and other issues. During the land use approval process, potential ecological impacts
were evaluated by Natural Resources staff, an independent consulting firm hired by the City, and
the Colorado Division of Wildlife. These assessments all concurred in their findings that the
Phase I development would not have significant adverse impacts on the Fromme Prairie.
Significant natural resource issues remain unresolved regarding the future development of the
remaining 29 acres of land owned by Fossil Creek Partners west of the Phase I development,
particularly the impacts of the development on wetlands and on use of the area by wintering bald
eagles. Granting of the right-of-way and easements associated with the Phase I development
does not imply future approval by the City of future phases. The developer has postponed any
further planning for the remaining area pending the completion of wetland and wildlife studies
to better define the natural resource concerns. Staff will work with the developer and interested
citizens to develop alternatives to address the natural resource concerns. These alternatives may
range from site layout and design options to acquisition of the site by the City.
Concerns have been raised about the precedent that may be set by granting the right-of-way and
easement at the Cathy Fromme Prairie to allow a private development to proceed. In fact, the
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November 15, 1994
City does grant easements and rights -of -way across City property on a fairly routine basis,
considering both the need for the use and its effect on the public property. City code requires
that any conveyance of real property by the City be in the best interest of the City and authorized
by ordinance. Staff believes that granting the right-of-way and easement would be in the best
interest of the City because it would help protect public safety through the proper location of the
access point off of Shields Street. There is a trade-off with the disturbance of 0.83 acres of
public natural area. However, this impact is offset by the location of the disturbance close to
Shields Street and existing residential development and by the conveyance of 3.38 acres of
natural area to the City as compensation.
This request by Fossil Creek Partners is an example of a situation the City will face with
increasing frequency as we buy additional natural areas. From a policy perspective, an objective
of the Natural Areas Policy Plan is to integrate natural areas within the developed landscape.
While this approach implies that tradeoffs will be required both in the relative condition of areas
acquired by the City and in making accommodations to allow urban land uses to develop on
surrounding lands, there is no specific policy guidance as to how or when easements or right-of-
way should be granted, and when they should not. For this reason, staff has begun development
of policy recommendations to address this issue, and anticipates presenting them for Council
consideration early in 1995.
Specific public outreach was not conducted regarding the proposed right-of-way and easement
for the Fossil Creek Estates P. U.D. as there was extensive public comment during the land use
approval process. The Parks and Recreation Board reviewed the proposal on October 26, 1994
and voted unanimously to recommend Council adoption of the ordinance. The Natural Resources
Advisory Board will consider the proposal, on November 9, 1994. Their comments and
recommendations will be forwarded to Council prior to the November 15, 1994 meeting. "
Director of Community Planning and Environmental Services Greg Byrne gave a staff
presentation on this item and spoke of access and drainage issues.
Councilmember Smith asked if there was any other possible entry onto the property.
Bryne stated the alignment and design was reviewed by staff engineers and found to be
acceptable. He emphasized this is the first phase, phases 2 and 3 are not being discussed at this
time.
Councilmember McCluskey made a motion, seconded by Councilmember Smith, to adopt
Ordinance No. 171, 1994 on First Reading.
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November 15, 1994
Byrne stated suggestions were made at a Natural Resources Board meeting to fence the property
and stated a parking and viewing area has also been proposed. He clarified the City routinely
negotiates access easements and noted the location of the easement is at the edge of the property.
Councilmember Apt commented he would like to see improvements in the Natural Area's Plan
and expressed concerns that approval of the easement not set a precedent.
City Attorney Steve Roy stated that proceeds of the sale of any property acquired with revenues
generated by the tax must be applied to acquisition of natural areas.
Carter Ewing, Fossil Creek Partners applicant, stated the access easement is in line with the
Shields Street right-of-way and would not present a problem in the future when Shields Street
is widened. He addressed buffering concerns and commended staff for its efforts.
Jim Martell, attorney for the appellants, Jim and Sandy Robbins, briefly outlined the history of
the development and asked if the City is receiving adequate compensation for the property. He
questioned if the City should facilitate developments by giving up part of its open space or prairie
to assist developments. He stated without the easement from the City he did not believe the
development would be approved by the Planning and Zoning Board and stated approval should
wait until there is a policy in place that addresses developments adjacent to City property.
Phil Friedman, Chair of the Natural Resources Advisory Board, clarified this is the first time that '
a natural area has been impinged upon by a development and stated the Board was concerned that
they may be setting a precedent. He commented that Council should consider placing a
moratorium on development adjacent to natural areas.
Lucia Liley, attorney representing Fossil Creek Partners, stated if phases 2 and 3 move forward
Mr. Ewing will consider granting the City an easement and stated she believed the City was being
fairly compensated.
Byrne responded to Council questions and stated the Natural Area Management Plan is being
drafted and noted staff would be reviewing the draft in light of the issues raised by the
transaction and the plan would be given to Council within the next 3 months.
Councilmember Kneeland spoke in support of the motion and stated what they are considering
is a public safety issue.
Councilmember Apt supported the motion with the hope that more work will be done on general
policy issues and hoped that adoption of the ordinance would not set a precedent. He thanked
the Natural Resources Advisory Board and staff for its efforts.
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November 15, 1994
Councilmember Janett stated she supported the motion and spoke of the importance of properly
buffering and protecting natural areas. She spoke of the need to look at road networks
surrounding natural areas before the purchase of the land.
Mayor Azari supported the motion and thanked Mr. Ewing for working with the City.
The vote on Councilmember McCluskey's motion was as follows: Yeas: Councilmembers Apt,
Azari, Janett, Kneeland, McCluskey, and Smith. Nays: None.
THE MOTION CARRIED.
Ordinance No. 156, 1994
Being the Annual Appropriation Ordinance
Relating to the Annual Appropriations and
Adopting the Budget for the Fiscal Year
Beginning January 1, 1995 and Ending
December 31, 1995, and Fixing the Mill Levy
for Said Fiscal Year, Adopted on Second Reading.
The following is staffs memorandum on this item.
' "Financiallmpact
This Ordinance was amended at First Reading on October 18. Appropriations added to the 1995
Budget as a result of First Reading adjustments amount to $555, 000. In addition, $30, 000 has
been added after First Reading to be used for the City Manager search process and, as a result
of grant funds to be received from the Federal Transit Administration, $40,000 has been added
to the Transit Services Fund. This Ordinance, as amended, adopts the total City Budget for 1995
and represents the annual appropriation in the amount of $256, 764, 839, including the Fire
Fighters' Pension Fund of $2,267,567, and sets the City mill levy at 9.797 mills.
Executive Summary
This Ordinance adopts the 1995 Budget in the amount of $254,497,272 for the City of Fort
Collins and $2,267,567for the Fire Fighters' Pension Fund. This Ordinance also sets the City
mill levy at 9.797 mills, unchanged from the 1994 mill levy.
Council amended this Ordinance on First Reading, adding $555,000 in appropriations to the
1995 budget and, $30, 000 has been included for anticipated expenditures associated with the
recruitment and selection of a new City Manager. Appropriations added on First Reading plus
the $30, 000 for the City Manager recruitment are:
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November 15, 1994
ONE-TIME 1
• SW Community Park/Fossil Creek Park Design
$50, 000
• Zero Interest Loan Conservation Help (ZILCH)
30,000
• Youth Programming/Facilities
50,000
0 Pollution Prevention
10,000
• Public Access/Information Technology
50,000
• City Manager Recruitment and Selection
30.000
TOTAL ONE-TIME $220, 000
ONGOING
• Community Horticulture Program $ 20, 000
• Golf Capital 45,000
• Patrol Services 300,00
TOTAL ONGOING $365, 000
It is staffs recommendation that certain expenditures be delayed until such time that a decision '
on Dial -A -Ride adjusted appropriations for service in 1995 is reached and 1994 revenue is
finalized. The delay of expenditures until the first or second quarter of 1995, would also allow
us to analyze the 1995 revenue collection trend.
BACKGROUND:
Appropriations in the amount of $555,000 have been added to the 1995 Budget as a result of
First Reading adjustments. Following is a list of the items added to the First Reading of the
budget ordinance along with a brief description of how the funds will be used and expected
outcomes.
ONE-TIME
SW Community Park/Fossil Creek Park Design ($50 000)
City Council allocated $50, 000 in the 1995 budget for design work on the Southwest Community
Park and Fossil Creek Community Park. $40,000 will be used to fund a preliminary design of
the Southwest Community Park/Youth Sports Complex and $10,000 will be used to update the
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November 15, 1994
' 1987 Fossil Creek Community Park Master Plan. The City's intent is to begin the process to
meet present and some future youth sports needs. These needs include a youth sports complex
for baseball, soccer, and other youth sports needs; community parks on the southside of town;
trail linkages, and additional parkland in quickly developed areas of the community. The two
community parks would fu011 recommendations in our present Parks and Recreation Master
Plan. The $50, 000 will be held in Parkland Capital (non -lapsing) and will be available for
expenditures when needed.
Zero Interest Loan Conservation Help (ZILCH) ($30,000)
The Air Quality upgrades portion of ZILCH is currently set up with a revolving fund budget of
$60, 000. Woodburning upgrades include conversion of woodburning fireplaces to gas,
replacement of noncertified wood stoves with certified wood stoves, or dismantling of wood stoves
or fireplaces. Due to an increased interest in the ZILCH program, at least ten applicants are
now on the waiting list. In addition, following the direction of the Air Quality Action Plan, a
special campaign was initiated in September to encourage the replacement/conversion of wood
stoves. Since this campaign began, staff has had at least ten calls pertaining to wood stove
changeovers or dismantling. In an effort to match the current budget of $60,000 with growing
demand, the financial loan and repayment schedules were restructured. Prior to September,
applicants could borrow $250 to $2,000 with payback between two and five years. After
' restructuring, applicants may borrow $250 to $1,500 with payback between two and three years.
This will help replenish the funds available more quickly. The additional $30, 000 will take the
program through winter, the busiest season, and early spring of 1995. The additional $30,000
available for loans along with the changes in the payment structure will allow the program to
serve a larger number of people.
Youth Proeramming/Facilities ($50 000)
This appropriation has been placed in the Recreation Division budget and combined with the
$60,000 appropriation that was approved on first reading for exploration of interim use of the
old Fort Collins High School. The $50,000 is added to give the City the ability to be responsive
to needs of youth in 1995. City staff will work closely with the Youth Advisory Board to evaluate
proposals for funding, and will be presenting these ideas to Council for review. The Youth
Advisory Board will be reviewing current proposals for the old Fort Collins High School at its
November meeting.
Pollution Prevention ($10.000)
This money is earmarked to supplement a $35,000 grant that Larimer County received for
pollution prevention. The total cost of the project is $55,000. Staff has recommended a
contribution of $10, 000 from City funds to Larimer County on the condition that the County
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November 15, 1994
Commissioners allocate $10, 000 from the County Health Department budget to match the City's '
contribution.
The money that the City contributes will help pay for additional Health Department staff to 1)
conduct a pilot program with woodworking industries, and 2) support a county -wide task group
working to prepare recommendations for long-term planning.
Public Access/Information Technology (S50 000)
The problem to be addressed is determining the most effective way to use information technology
to improve the exchange of information both internally within the City organization and
externally with the public. One-time money of $200, 000 for information technology and public
access will be a 'frozen" appropriation in the 1995 Budget. City staff will work with the Council
Public Access Committee to create a plan and a timeline that will clearly define how this money
will be spent and the benefit it will provide. This plan will be integrated with the City's
Information Technology Master Plan. Once the plan is finalized and approved, the funding will
be released.
Part of the plan will include a community network. There has been much discussion about what
a community network is. In addition, staff and Council have been discussing ways to expand
electronic document management and local area networks within the City organization. Existing I
confusion and differing expectations about information technology and public access will be
addressed in the process of developing the plan and timeline to "unfreeze" the 1995
appropriation. A series of informational meetings are being held this week. Outreach and
education about information technology is expected to continue for several months before the
final plan is completed. The final plan will be approved by the Executive Lead Team and City
Council.
ONGOING
Community Horticulture Program ($20 000)
Horticulture Services will be incrementally expanded in 1995 to complete certain pilot programs.
Pilots would place an emphasis on environmental and social benefits and focus on the use of
volunteers and the formation of partnerships. Opportunities would be made available for people
of different backgrounds and ages to work together on projects that improve the community. The
City would respond to the request of and solicit groups and individuals interested in establishing
community gardens and assist these groups in designing and maintaining the gardens. Volunteer
coordination would be provided in Parks and Recreation for projects that deal with landscaping,
forestry or horticulture. These pilot projects would be included in 1995 with additional projects
as they are identified during the year, such as the following:
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November 15, 1994
'
1.
Median Renovation
2.
Twilight Garden Series
3.
Neighborhood Gardens
4.
Garden Partnerships
5.
Senior Center Garden and Programs
6.
Front Range Branch Library Garden Partnership
7.
Adopt a Flower Bed
Golf Capital ($45.000)
Council has agreed to appropriate and transfer $45, 000 in ongoing funds from the General Fund
to the Golf Fund for capital improvements or equipment at the golf courses. This transfer
represents the "community value of golf' based upon the extent that Golf Fund revenues have
been reduced by the availability of special discount rates for juniors, senior citizens, and others.
In 1995, this $45,000 will be applied toward the $80,000 Collindale Golf Course pump
system/irrigation project.
Patrol Services ($300.000
At its October 18, 1994 meeting, City Council added $300, 000 to Police Services' 1995 budget
' for five police officers to staff patrol shifts. City Management has asked Police Services to
outline a plan to implement these positions, and describe the true costs and ramifications of
adding this level of service. In order to responsibly use these dollars, it is necessary to propose
a mix of police officer positions with the appropriate non -sworn positions to assist with their
work production. Therefore, Police Services'proposes the use of the $300, 000 for four police
officer positions along with increased records, dispatch and supervisory capabilities.
These positions are essential to keep pace with growing service demand in sworn and non -sworn
areas. Budget memos in recent years have asserted the need for seven officers per year just to
keep pace. This proposed allocation is in accord with data supplied to Council during the 1995
budget preparation process.
In addition, Police Services and an outside expert recently completed a study of patrol shift
workload demands. Based upon the comprehensive local data analyzed, the consultant
recommended minimum shift staffing levels which would require 18 additional officers. New
positions in 1995 will help substantially.
These newly allocated positions, coupled with the 7 officer positions added last year, create the
need for an additional first line supervisor (Sergeant). We propose upgrading one police officer
to Sergeant.
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November 15, 1994
Even before the addition of these new positions, Police Services documented the need for 4 office '
clerks and 3 dispatchers in 1995 budget documents. Two clerks and I dispatcher are in the
current recommended budget. An additional clerk and dispatcher, which now become critical
for supplying services to the new officer positions, are proposed.
The 1995 cost of this proposal would be $300,000.
Four Police Officers
$223, 000
One Office Clerk
25,000
One Dispatcher
37,000
One Sergeant Upgrade
15,000
$300,000
CAUTIONARY NOTES
There are a number of issues that are facing the City in the near future. Also, the additional
dollars added for Second Reading ($220,000 one-time; $365,000 ongoing) could have some
potential impacts on the City's long-term fiscal position.
Dial-a-Ride/Transit Costs '
During 1994, the City's Dial -A -Ride has been very successful. While use and ridership exceeded
projections, our costs outstripped the 1994 budget allocation by almost $210, 000.
On December 6, Council will be considering two options for revamping the City's service and
fare policies for paratransit service to serve the ADA eligible and for individuals sixty years of
age and older.
One option will continue to serve both the ADA eligible and persons age sixty and above, phases
fare adjustments over the next three years (1995-1997), and establishes a fund to subsidize low
income customers of the Dial -A -Ride service. The financial impact of this option is a projected
shortfall of approximately $278,000 in 1995.
The second option, as originally proposed to Council in September, is primarily different from
the other option on who is served and what fare is charged. Under this option, Dial -A -Ride
would serve only the ADA eligible, charge fares to all customers at twice the regular 1995
Transfort fare, work to establish external funding sources, and eliminates fares for the elderly
and disabled on Transfort. The financial impact of this option ranges between a 1995 shortfall
of $150, 000 and $173, 000.
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November 15, 1994
' At present, staff is working to reduce the overall cost of the program by bidding the road service
for Dial -A -Ride. Staff recommends delaying additional appropriations for Dial -A -Ride until the
first or second quarter of 1995, to give staff and Council time to: (a) understand the costs and
financial impacts of the Dial -A -Ride program; (b) have a more accurate picture of the City's
financial position.
Coupled with this recommendation to delay additional appropriations for the Dial -A -Ride
program is to 'freeze" some selected appropriations until the first or second quarter of 1995, -
that is, until action taken by Council on additional appropriations for the Dial -A -Ride program.
Article X. Section 20 Growth Limit
1994 Review:
For 1994, revenue subject to the growth limit, is growing at about 10%. This is about 3% over
the limit, or roughly $2.1 million. Revenue collection is expected to slow in the final quarter
of 1994, but the City will likely be over the growth limit by $800, 000 to $1.3 million. To date,
most court decisions regarding Article X, Section 20, have been favorable to municipalities.
However, there are a number of cases now in litigation in which an adverse decision could affect
the revenue base or calculation of the growth limits. It is not possible to estimate the dollar
impact of such decisions.
The state constitution provides that the revenue be returned to the taxpayers by the end of!the
next fiscal year. If the City would prefer to apply this money to services in demand by the
public, the retention of revenue must be voter approved. If Council decides to seek voter
approval to keep revenue that has already been collected, an election in April would be most
likely.
In the event that voters are not asked or do not approve the retention of revenue received that
exceeds the growth limit, the source for refunds will be the monies now held in the sales tax fund
as use tax reserve. The amount in this reserve is now estimated to be $1.5 million. The City
Manager established this reserve in 1993 to provide some protection from the wide fluctuations
that occur in use tax collection due to business and building cycles.
According to the administrative policy, these use tax reserves should be used for one-time
expenditures.
1995 Considerations:
If the City exceeds the revenue growth limit in 1994, it has a greater chance to exceed the limit
in 1995. This is due to the fact that the revenue growth limit formula (growth due to new
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November 15, 1994
construction plus regional inflation) can lag behind revenues derived from a strong local '
economy.
Staff estimates the 1995 growth limit at about 72%. The inflation (Denver Boulder CPI) portion
is 4.2% and the local growth portion is 3.0%. The proposed 1995 Budget is within the growth
limit. (Note: Spending from reserves does not count in the calculation of the growth limit.) If
1994 revenue does exceed the growth limit the percentage of allowable revenue growth in 1995
over 1994 collections is reduced. For example, the 1995 percentage growth limit of 7.2% is
applied to the 1994 base, not the actual 1994 revenue collections. If actual 1994 revenue
received is one percent over the calculated 1994 base, the allowable revenue growth in 1995
over 1994 actual is reduced by the corresponding one percent, or a limit of 6.2%.
Five -Year General Fund Projections
The effects of the latest additions, in particular ongoing expenditures, to the 1995 General Fund
budget can readily be seen from the attached General Fund financial statement (Attachment A).
It appears that there is adequate revenue to cover expenditures in 1995. However, for the years
1996 through 1998 there is essentially a breakeven situation. Revenue minimally offsets
expenditures which means that there is no replenishment of the Reserve for Contingencies. In
1999, assuming no change in financial plans, expenditures are projected to exceed revenue with
the corresponding depletion of the Reserve for Contingencies. '
The assumptions used in making the out -year projections are very worthwhile in noting. Revenue
for the out -years is conservatively forecast using the current sales tax model. The "cap " on use
tax at $3.6 million is forecasted to continue, with the excess remaining in a reserve for one-time
investments. Fxpenditures are forecast to grow at or near the average rate of inflation of 4.5%
annually. The Reserve for Contingency is forecast to be depleted based on projection
assumptions, while the Reserve for Financial Uncertainty is forecast to remain at policy levels.
In addition, the Use Tax Carryover Reserve in the Sales and Use Tax Fund is projected to have
strong growth in the five year projection.
The five year projection of revenue and expenditures are a result of conservative estimates.
However, the caution remains that as the City discusses future
expenditures, we need to first look at what the long-term impact will be. The impact should
balance with the expected outcome of the expenditure.
General Fund Reserves Position
The Financial and Management Policies identify four reserves within the General Fund that
should total to 15 percent of annual expenditures. Given the latest spending additions to the
1995 Budget, the projected level of these four reserves will be about 7%. Including the use tax
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November 15, 1994
reserve within the sales tax fund and the General Fund emergency reserve required for Article
X, Section 20, raises the reserve level to about 11 %, still short of the target. Staff has prepared
a brief memo regarding the history of the reserve policy and the trends in the reserve levels. (See
Attachment B)
While the projected reserve levels are the result of conservative estimates of both revenues and
expenditures, staff recommends Council proceed cautiously with respect to the 1995 Budget
decisions. It is especially important to conservatively maintain the reserve levels until there is
resolution of the potential revenue refund or voter approval for retention.
CONCLUSION
The following is a list of ongoing and one-time service and facility enhancements for 1995 that
have been added to the 1994 base budget. As can be seen, a total of $4.7 million has been
added ($1.6 million ongoing and $3.1 million one-time).
Highlights of 1995 Service and Facility Enhancements:
Ongoing
Park Renovation
Mini -Library Operations
Senior Center Operations
Policy Planning and Analysis
Police Services
Neighborhood Partnership
Transportation Services
Median/Streetscape Maintenance
Office Space
Recreation
Planning
Total Ongoing
One -Time
Transportation
Library Books and Materials
Cemetery Improvements
Senior Center Capital
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$100,000
165,000
322,000
90,000
534,000
60,000
57,000
20,000
40,000
115,000
108.000
$1, 611, 000
$665, 000
77,000
200,000
38,000
November 15, 1994
'
Youth Employment
60,000
Youth Programming/Facilities
50,000
Facilities Repair and Renovation
700,000
Planning
530,000
Creating Tomorrow Together
40,000
North College Improvements
210,000
Recreation Programming (FCHS)
30,000
Information Technology & Public Access
225,000
Facilities Master Plan: Future Land Acq.
200,000
SW Community Park/Fossil Creek Park Design
50,000
Zero Interest Loan Conservation Help (ZILCH)
30,000
Pollution Prevention
10,000
City Manager Recruitment
30,000
Total One -Time $3,145, 000
It is the recommendation of staff that no further appropriations be added to the 1995 budget.
It is recommended that certain expenditures be delayed until such time that 1994 revenue can
be finalized, that appropriations are adjusted for Dial -A -Ride service, and there is a trend
established for 1995 collections. The expenditures staff recommends to be delayed until the first
or second quarter of 1995 are: '
Facilities Master Plan: Future Land Acq. $200, 000
Police 300, 000
Total $500,000"
Interim City Manager Diane Jones gave a brief presentation on this item and outlined additions
to the recommended budget and recommended no further appropriations be added. She reported
due to the success of the Dial -A: -Ride program, costs have exceeded resources and additional
appropriations need to be made in the first or second quarter of 1995 to cover the shortfall. She
requested funding be delayed for expanding Police Services and land acquisition for City facilities
until Dial -A -Ride shortfall issues have been resolved.
Councilmember Smith made a motion, seconded by Councilmember Apt, to adopt Ordinance No.
156, 1994 on Second Reading.
Finance Director Alan Krcmarik responded to Council questions and gave a brief history and
explanation of the General Fund Reserves Policy. He stated it may be up to the voters to decide
if any excess revenue is to be refunded or retained.
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November 15, 1994
Lou Stitzel, 521 E. Laurel, stated she viewed the budget as a 'one size fits all" approach and
stated the public can not respond to increases for services.
Councilmember McCluskey asked Chief of Police Fred Rainguet how long it would take to put
additional officers on the street once the funding is approved.
Chief of Police Fred Rainguet responded to questions regarding additional Police Officers,
reporting it takes approximately 9 months to select and train additional officers. He stated there
would be an addition of 12 full time employees, 6 sworn officer and 6 non sworn, and spoke of
areas where additional services are needed.
Mayor Azari asked if the service plan could be shared with the citizens so they would be better
informed of how Police Services intends to help the community.
Rainguet spoke of a strategic plan just completed that would be presented to Council and the
public through the Health and Safety Committee. He gave a brief outline of how the deployment
study was conducted.
Director of Administrative Services Pete Dallow responded to Council questions regarding
funding for Larimer County.
Interim City Manager Diane Jones stated it would be beneficial to look at different issues during
the next budget process.
Recreation Manager Jean Helburg clarified funds for the youth center are on hold until a decision
is made regarding needs.
Councilmember Apt spoke of the need to develop a partnership with Poudre R-1 to provide
alternative transportation to the new Fort Collins High School.
Daggett spoke of the Southeast Area Employer's Partnership and commented staff would be
meeting with the partnership to discuss alternatives in transportation.
Jones spoke of the reasons for delaying expenditures and commented it would be beneficial to
wait to see how revenue projections are coming in.
Councilmember McCluskey commended staff for its efforts and concurred with Ms. Jones
regarding delaying expenditures.
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November 15, 1994
Councilmember Kneeland commended the citizens groups who presented budget issues and '
concerns to Council and spoke of the need for the Finance Committee to track trends and follow
what is happening with reserves.
Mayor Azari spoke of the need for the Finance Committee to be more involved in the process.
Councilmember Janett stating she was concerned with the increase in expenditures and that the
cost of growth is not being addressed adequately. She commented that property taxes and sales
and use taxes would not being going up in 1995.
Councilmember Apt thanked everyone for participating in the process and commented on the
possibility of putting the issue of excess revenues to the voters.
Councilmember McCluskey offered an amendment to his previous motion to freeze $200,000 of
the $400,000 allocated for busses and make an appropriation to hire and train 4 police officers,
holding back the additional personnel until Council and the Finance Committee can look at
revenue and Dial -A -Ride issues.
Director of Transportation Ron Phillips spoke of the federal grant process and suggested Council
freeze part of the money for the first part of the year but stated the City would have to be able
to come up with matching funds if it is successful in obtaining the federal grant money. ,
Daggett spoke of the ages of the busses in the fleet and the need for their replacement.
City Attorney Steve Roy clarified the Charter states once the appropriation ordinance is adopted
it is irrepealable and the amounts appropriated are deemed appropriated and available for the
purposes specified in the appropriation ordinance.
Councilmember McCluskey, with agreement by Councilmember Kneeland, withdrew his earlier
amendment.
Mayor Azari spoke of the need for more Council committee work during the budget process.
The vote on Councilmember Smith's motion to adopt Ordinance No. 156, 1994 on Second
Reading was as follows: Yeas: Councilmembers Apt, Azari, Janett, Kneeland, McCluskey, and
Smith. Nays: None.
THE MOTION CARRIED.
Councilmember McCluskey supported giving direction to staff to freeze 1/2 of the bus
appropriations ($200,000) until expenditures are reviewed through the Finance Committee and
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November 15, 1994
to hire 4 Police Officers as soon as possible and hold staff positions until the Finance Committee
can review the numbers.
Interim City Manager Jones stated she would prefer the direction to be in the form of a motion
and that the Finance Committee review the figures at the end of the first quarter.
Councilmember McCloskey made a motion, seconded by Councilmember Kneeland, to direct that
staff delay the expenditure of $577,000 in appropriated funds until the first or second quarter of
1995 after the completion of Council action on the Dial -A -Ride Program and completion of the
first quarter status report on revenues, and to work with the Finance Committee on the timing of
the expenditures.
The vote on Councilmember McCloskey's amendment to the previous motion was as follows:
Yeas: Councilmembers Apt, Azari, Janett, Kneeland, McCluskey, and Smith. Nays: None.
Resolution 94-193
Making Findings of Fact and Conclusions
Regarding the Appeal from the Decision of
the Planning and Zoning Board Approving the Fort Collins
Housing Authority PUD Expansion, Preliminary, Adopted.
The following is staffs memorandum on this item.
"Executive Summary
On October 14, 1994, an amended appeal of the September 26, 1994, decision of the Planning
and Zoning Board to approve the Fort Collins Housing Authority PUD Expansion, Preliminary
was filed by appellants William and Nancy Gray.
On November 1, 1994, City Council voted 4-1 to uphold the decision of the Planning and Zoning
Board. In order to complete the record regarding this appeal, the Council should adopt a
Resolution making findings of fact and finalizing its decision on the appeal.
BACKGROUND:
The appellants' notice of appeal was based on the allegation that the Planning and Zoning Board
failed to properly interpret and apply relevant provisions of the Code and Charter. Specifically,
the allegation claimed that the Housing Authority expansion was inconsistent with the land use
policies of the West Side Neighborhood Plan.
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November 15, 1994
At the November 1, 1994 appeal hearing, Council considered the testimony of City staff, the
appellant, and the applicant. Council determined that the Planning and Zoning Board properly
interpreted and applied provisions of the Code and Charter and upheld the decision of the
Board. "
Councilmember Smith withdrew from discussion on this item due to a perceived conflict of
interest.
Councilmember Kneeland made a motion, seconded by Councilmember Janett, to adopt
Resolution 94-193. Yeas: Councilmembers Apt, Azari, Janett, Kneeland and McCluskey. Nays:
None.
THE MOTION CARRIED.
Adjournment
Councilmember Janett made a motion, seconded by Councilmember Smith, to adjourn to
November 22 at 5:30 p.m. for the purpose of conducting the annual reviews of the Interim City
Manager, City Attorney, and Municipal Judge. Yeas: Councilmembers Apt, Azari, Janett,
Kneeland, McCluskey, and Smith. Nays: None.
THE MOTION CARRIED. '
The meeting adjourned at 9:16 p.m.
Mayor
ATTEST:
T� g��
) U / City Clerk
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