HomeMy WebLinkAboutMINUTES-11/17/1992-Regular' November 17, 1992
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 17, 1992, at 6:30 p.m. in the Council Chambers of the City of Fort
Collins City Hall. Roll call was answered by the following Councilmembers:
Azari, Edwards, Horak, Kirkpatrick and Maxey.
Councilmembers Absent: Winokur.
Staff Members Present: Burkett, Davis, Roy.
Citizen Participation
A moment of silence was held for former Councilmember Fromme.
Scott Mason, Vice -President of Citizen Planners, spoke of how former
Councilmember Fromme's philosophies coincided with the philosophies of Citizen
Planners. He stated he would miss her leadership.
David Roy, a Fort Collins resident, spoke of the impact former Councilmember
Fromme had on the community and stated it was a great loss for the community.
Orvil McKenzie, 4717 Chippendale Drive, thanked Council for taking a moment of
silence to remember former Councilmember Fromme. He disagreed with overturning
the decision of the Golf Board in hiring the Golf Pro at Southridge.
Dr. Ira U. MacIntosh, 1732 South Taft Hill Road, questioned the logic in choosing
the Southridge Golf Pro.
Chris Diltz, a Fort Collins resident, expressed sympathy for family and friends
of former Councilmember Fromme. She requested a reevaluation of the golf pro
hiring process and concurred with Mr. McKenzie and Mr. MacIntosh.
Ward Luthi, 1630 West Swallow Road, spoke of former Councilmember Fromme's
strengths and visions.
Harold Worth, 1501 South Shields, suggested Council consider establishing a
lasting memorial in honor of former Councilmember Fromme.
Abe Ramos, 205 Buckingham Street, expressed sympathy for the family and friends
of former Councilmember Fromme.
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Citizen Participation Follow-up
Councilmember Horak made a motion, seconded by Councilmember Azari, to adopt '
Resolution 92-177 Honoring Councilmember Fromme.
Mayor Kirkpatrick read the resolution into the record.
Councilmember Horak stated that former Councilmember Fromme was informed of the
resolution before her death.
Councilmember Azari spoke of former Councilmember Fromme's enthusiasm and stated
that adopting Resolution 92-177 would ensure that her memory would last.
Mayor Kirkpatrick noted a memorial service was going to be held and stated she
would not be discussing the Council vacancy until the following week.
The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Horak, Kirkpatrick and Maxey. Nays: None.
THE MOTION CARRIED.
Councilmember Edwards requested City Attorney Steve Roy explain the process
regarding the Southridge issue.
City Attorney Steve Roy briefly outlined the appeal process.
Agenda Review '
City Manager Steve Burkett stated there were no changes to the agenda as
published.
Councilmember Horak requested that Item #11, Hearing and First Reading of
Ordinance No. 125, 1992 of the Council of the City of Fort Collins Amending
Section 25-75(a) of the Code of the City of Fort Collins to Provide for the
Imposition of a Twenty-five Hundredths Percent (0.259) Sales and Use Tax on all
Taxable Items Except Food for the Purpose of Acquiring, Constructing, Enhancing
and Maintaining Trail Systems, Wildlife and Other Natural Areas, to be Effective
January 1, 1993, be pulled from the Consent Calendar.
City Manager Steve Burkett noted that Item #8, Second Reading of Ordinance No.
117, 1992, Appropriating Prior Year Reserves and Unanticipated Revenue in Various
Funds and Authorizing the Transfer of Appropriated Amounts Between Funds and
Identifying Increases in Reserves for Fiscal Year 1992, was revised and read the
revisions into the record.
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 will be considered separately under Agenda Item #14, Pulled ,
Consent Items.
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EM
This Ordinance, which was unanimously adopted on First Reading on November
3, vacates excess right-of-way dedicated for the extension of Mitchell
Drive north of the Western Auto/Toys "R" Us site, located on the east side
of South College Avenue at Bockman Drive.
in Reserves for Fiscal Year 1992.
This Ordinance, which was unanimously adopted on First Reading on November
3, provides a method of identifying increases in the fund balances
(reserves) of all City funds. The objective is to provide a tracking
mechanism to aid sound financial management. The 1991 year end fund
balances will be used as the base on which to calculate any increase(s) in
reserves for fiscal 1992.
In addition, this Ordinance also appropriates prior year reserves,
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 and provided the
purpose for which the transferred funds are to be expended remains
unchanged or the purpose for which they were initially appropriated no
longer exists.
Q
The City solicited proposals from 32 firms for lease -purchase financing
for the City's vehicle and equipment requirements. The proposal meeting
all City requirements and offering the lowest net effective interest rate
of 4.9% for 7 years was received from First Interstate Bank, First
Interstate's bid was received on November 6, 1992, staff believes
acceptance of this interest rate is in the City's best interest.
This ordinance will
authorize
the Purchasing Agent to enter into a lease -
purchase financing
agreement
with First Interstate Bank at 4.9% percent
interest rate for
the purchase
of the required vehicles and equipment.
This lease -purchase
financing
is consistent with the financial policies of
'
the City of Fort Collins.
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10. Items Related to the Nordick Annexation and Zoning. '
A. Resolution 92-167 of the Council of the City of Fort Collins Setting
Forth Findings of Fact and Determinations Regarding the Nordick
Annexation.
12.
Hearing and First Reading of Ordinance No. 120, 1992 Of the Council
of the City of Fort Collins Annexing Property Known as the Nordick
Annexation to the City of Fort Collins, Colorado.
Hearing and First Reading of Ordinance No. 121, 1992, of the Council
of the City of Fort Collins Amending the Zoning District Map
Contained in Chapter 29 of the Code of the City of Fort Collins and
Classifying for Zoning Purposes the Property Included in the Nordick
Annexation to the City of Fort Collins, Colorado.
This is a request annex and zone approximately 2.18 acres located south of
Harmony Road and west of the Burlington Northern Railroad tracks west of
College Avenue. The requested zoning is the B-L, Limited Business,
District. The property is presently developed with an office use and a
small animal veterinary clinic. The property is currently zoned C-
Commercial in the County. This is a voluntary annexation.
APPLICANTS: Gary C. & Sharon K. Nordick
4901 Hogan Drive
Fort Collins, CO 80526
OWNERS: Same
At the November 3 election, the voters approved an additional quarter -cent
sales tax for natural areas. The purpose of this ordinance is to codify
that additional tax.
This waiver request pertains to the Connell Resources Special Review,
which is a request for construction of a maintenance storage building for
an existing sand and gravel mining operation, located on the south side of
Harmony Road, 1/4 mile west of I-25. Of the four Urban Growth Area
Phasing Criteria, the proposed special review meets the requirements for
public water capacity and public street capacity.. A waiver is being '
requested for the public sewer capacity and one -sixth contiguity to
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existing development requirements. The site is not eligible for
annexation to the City of Fort Collins.
13. Resolution 92-169 Amendinq Financial and Management Policies_Relatinq to
the 1993 Annual Budget.
The Financial and Management Policies form the basis for the City of Fort
Collins' Annual Budget. Staff has made changes to be incorporated into
the 1993 Annual Budget based on the addition of the voter approved 0.25
cent Sales and Use Tax (excluding grocery food) for the acquisition of
land for public trails, wildlife habitat and natural areas.
Ordinances on Second Reading were read by title by Deputy City Clerk Molly Davis.
7
Es
Second Reading of Ordinance No. 115, 1992, Vacating a Portion of Mitchell
Drive Right -of -Way.
Ordinances on First Reading were read by title by Deputy City Clerk Molly Davis.
a
10. Items Related to the Nordick Annexation and Zoning.
A. Hearing and First Reading of Ordinance No. 120, 1992 Of the Council
of the City of Fort Collins Annexing Property Known as the Nordick
Annexation to the City of Fort Collins, Colorado.
B. Hearing and First Reading of Ordinance No. 121, 1992, of the Council
of the City of Fart Collins Amending the Zoning District Map
Contained in Chapter 29 of the Code of the City of Fort Collins and
Classifying for Zoning Purposes the Property Included in the Nordick
Annexation to the City of Fort Collins, Colorado.
II.
Councilmember Azari made a motion, seconded by Councilmember Edwards, to adopted
and approve all items not removed from the Consent Calendar.
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The vote on Councilmember Azari's motion was as follows: Yeas: Councilmembers I
Azari, Edwards, Horak, Kirkpatrick and Maxey. Nays: None.
THE MOTION CARRIED.
Ordinance No. 125, 1992
of the Council of the City of Fort Collins
Amending Section 25-75(a) of the Code of the
City of Fort Collins to Provide for the Imposition
of a Twenty-five Hundredths Percent (0.25Y) Sales
and Use Tax on all Taxable Items Except Food for the
Purpose of Acquiring, Constructing,
Enhancing and Maintaining Trail Systems, Wildlife
and Other Natural Areas to be Effective January 1. 1993, Adopted.
The following is staff's memorandum on this item.
"FINANCIAL IMPACT
This item will result in additional appropriations totalling $2,467,318 for 1993
to both the Sales and Use Tax Fund and the Capital Projects Fund.
EXECUTIVE SUMMARY
At the November 3 election, the voters approved an additional quarter -cent sales
tax for natural areas. The purpose of this ordinance is to codify that
additional tax. I
BACKGROUND:
On August 25, 1992, pursuant to the initiative process, a petition was submitted
to the City Clerk to call a special election for the purpose of considering a
proposed ordinance which would impose an additional quarter -cent sales tax for
the purpose of acquiring, constructing, enhancing and maintaining trail systems,
wildlife habitat and other natural areas of benefit to the citizens of the City.
This petition was certified as sufficient to the City Council by the City Clerk
and, by Resolution 92-104, the Council referred the ordinance to the qualified
electorate of the City as part of the November 3 General Election. The proposed
ordinance was approved by the electorate, and the tax is to be imposed commencing
January 1, 1993.
The proposed ordinance would amend Section 25-75(a) of the City Code to reflect
the additional quarter -cent sales tax."
Councilmember Horak made a motion, seconded by Councilmember Azari, to adopt
Ordinance No. 125, 1992.
City Manager Steve Burkett spoke of the policies and their implementation.
Bob Kulovany, 1317 Hepplewhite Court, urged Council to support the Natural Areas
Policy Plan and to pursue acquisition of natural areas. He stated natural areas '
should be recognized separately from park systems.
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' Kelly Ohlson, 2040 Bennington Circle, requested that petition organizers be
permitted to participate in the work session.
Ed Secor, 621 Laporte Avenue, President of Citizen Planners, concurred with Mr.
Kulovany and stated Citizen Planners supported the initiative.
David Roy, a Fort Collins resident, stated the initiative did not suggest putting
trails through natural areas but the acquisition of land.
Ward Luthi, 1630 West Swallow Road, spoke of the need to use the funds to acquire
open space and natural areas.
Bruce Lockhart, 2500 E. Harmony Road, stated the ballot language did not only
contain information regarding acquisition of open space but addressed the issues
of trails and area maintenance. He commented that the funds should not only be
used for acquisition of land, but for trail and area maintenance also.
Councilmember Horak stated staff needs to move expeditiously to develop the
policies. He suggested holding a town meeting and a work session.
The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Horak, Kirkpatrick and Maxey. Nays: None.
THE MOTION CARRIED.
Councilmember Reports
' Councilmember Azari reported she had recently attended a national conference on
diversity, and spoke of the need for additional efforts on the part of the
citizens and neighborhoods.
Mayor Kirkpatrick stated she recently attended a Colorado Tourism Board meeting
and that Fort Collins was awarded the Visitors Center.
Items Related to the
Timberline Annexation and Zoning.
The following is staff's memorandum on this item.
"EXECUTIVE SUMMARY
A. Resolution 92-170 Setting Forth Findings of Fact and Determinations
Regarding the Timberline Annexation.
B. Hearing and First Reading of Ordinance No. 122, 1992, Annexing
Property Known as the Timberline Annexation to the City of Fort
Collins, Colorado.
C. Hearing and First Reading of Ordinance No. 123, 1992, Amending the
Zoning District Map Contained in Chapter 29 of the Code of the City
' of Fort Collins and Classifying for Zoning Purposes the Property
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Included in the Timberline Annexation to the City of Fort Collins, '
Colorado.
This is an annexation and zoning of an enclave area approximately 435.237 acres
in size located generally east of the Union Pacific Railroad tracks, north of
East Drake Road, and south and west of the Burlington Northern Railroad tracks.
The suggested zonings include 23.99 acres of the I-P, Industrial Park, District,
and 411.247 acres of the T-Transition, District. The property is mostly
undeveloped, although located along the west side of Timberline Road are the
(vacant) Fort Collins Pipe Co. and (ENCOAT) Energy Coatings Co. Existing
commercial signs located on these properties will have to conform to the City's
Sign Code at the conclusion of a five year amortization period.
OWNERS: Spring Creek Farms, Inc.
c/o Glen Johnson
3432 Carlton Ave.
Ft. Collins, CO 80525
Cargill, Inc.
P.O. Box 9300
Dept. 5
Minneapolis, MN 55440
General Steel Industries, Inc.
c/o Randall, Rudolph & Assoc., Inc.
P.O. Box 610026
Dallas, TX 75261 '
Energy Coatings Co., Inc.
c/o Randall, Rudolph & Assoc., Inc.
P.O. Box 510026
Dallas, TX 75261
Fort Collins Pipe Co.
P.O. Box 300
Lone Star, TX 75668
BACKGROUND:
The property is located within the Fort Collins Urban Growth Area. According to
the policies and agreements between the City of Fort Collins and Larimer County
contained in the INTERGOVERNMENTAL AGREEMENT FOR THE FORT COLLINS URBAN GROWTH
AREA, the City wi11 consider and pursue the annexation property in the UGA when
the property is eligible for annexation according to State law. The specific
wording from the UGA Agreement is as follows:
Policy 1.6
That the policy of the City is to consider the annexation of all
properties within the unincorporated area of the Urban Growth Area as soon
as said property becomes eligible for annexation. ,
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' Agreement 2.10 C
The City agrees to pursue involuntary annexation of any undeveloped parcel
or parcels, or any undeveloped, partially developed, or developed
subdivision, planned unit development, special review case, or any other
development approved by the Larimer County Board of Commissioners prior to
January 1980, when State statutory requirements for involuntary
annexations have been met.
The area to be annexed is a county enclave. The following annexations to the
City of Fort Collins created the enclave:
N: East Prospect Road First Annexation, September 6, 1973.
E: Rigdon Farm Annexation, August 16, 1988.
East Prospect Road First Annexation, September 6, 1973.
S: Blue Spruce Farm Annexation, October 6, 1987.
Greenwalt Tenth Annexation, June 21, 1977.
Rigdon Farm Annexation, August 16, 1988.
W: Union Pacific South Second Annexation, May 17, 1988.
This area has thus been eligible for involuntary annexation into the City since
August 16, 1991. On September 19, 1991, staff sent a letter to the property
owners informing them of the pending annexation, potential zoning district
designation, and meeting date of review by the Planning and Zoning Board. Staff
received several questions from Spring Creek Farms, Inc., the largest single
' property -owner (352 acres) within the annexation. No subsequent contact was made
from other the property owners. A11 property owners were renotified, on
September 2, 1992, of the new October 19, 1992, Planning and Zoning hearing date.
Mr. Glen Johnson of Spring Creek Farms, Inc., a major farming operation, met with
staff and requested information related to pesticide application, stormwater
management, ditch maintenance, and the paying of "urban" improvements. Spring
Creek Farms, Inc., also owned property which was included in the Harmony No. 4
Annexation (1977). At that time, an agreement was reached between Spring Creek
Farms Inc., and the City of Fort Collins dealing with farming activities and the
payment of special assessments for urban kinds of improvements related to the
Harmony No. 4 Annexation. Mr. Johnson has requested that a similar agreement be
developed related to the Timberline Annexation. Planning staff prepared an
agreement for use in conjunction with this annexation (draft copy attached). The
City Attorney's office has indicated that because this is an involuntary enclave
annexation which the City can accomplish without the consent of the property
owner, any agreement to exempt the subject property from future assessments
should be supported by some other, independent consideration besides the
annexation of the property. In order to provide such consideration, Spring Creek
Farms might dedicate arterial street rights -of -way along either or both Drake and
Timberline Roads.
Staff and Spring Creek Farms have resolved several other issues related to the
annexation, including the impacts of farming operations, pesticide application,
and storm drainage fees. Agreement has not been reached with regard to the
issues of exemption from the payment of assessments for street improvements; the
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ability to lease lands for hunting; and exemption from City Sales Tax for farming '
operations.
Zoning.
The suggested zonings for this annexation include 23.99 acres of the I-P,
Industrial Park, District, and 411.247 acres of the T-Transition, District.
The I-P District designation is for light industrial park areas containing
controlled industrial uses located in proximity to areas zoned for residential
use and/or along arterial streets. The sites of Fort Collins Pipe and Energy
Coating companies are suggested for the 1-P zone. The areas to the west of these
companies are zoned R-L-P, Low density Planned Residential, and R-P, Planned
Residential, and are developed as the Parkwood East Subdivision and the Parkwood
East Apartments. Timberline Road is planned to be a major (6-7ane) arterial
street. Also, located to the west is EPIC and Spring Creek Park. The existing
uses would become legal non -conforming uses under the 1-P Zone. The existing
uses may continue under the I-P Zone and even expand through the "expansion to
a non -conforming use process" which requires a hearing by the Planning and Zoning
Board. New uses will have to conform to the requirements of the I-P Zone or be
processed as a Planned Unit Development (PUD) and be reviewed according to the
criteria of the LAND DEVELOPMENT GUIDANCE SYSTEM (LDGS). These properties will
probably eventually redevelop with industrial uses which could require greater
public scrutiny than the former uses received.
The T-Transition, District designation is for properties which are in a
transitional stage with regard to ultimate development. The only uses allowed '
within the T Zone are the uses which existed at the time the T Zone was placed
on the properties. The agricultural areas within the annexation, including the
properties owned by Spring Creek Farms, Inc., are suggested to be placed into the
T Zone. When urban development is proposed on these properties they would have
to be rezoned to a zone which allows development.
Findings
1. The annexation of this area is consistent with the policies and agreements
between Larimer County and the City of Fort Collins contained in the
INTERGOVERNMENTAL AGREEMENT FOR THE FORT COLLINS URBAN GROWTH AREA.
2. The area meets all criteria included in State law to qualify for annexa-
tion by the City of Fort Collins.
3. On October 6, 1992, the City Council passed a resolution setting forth the
intent to annex this property and scheduling a public hearing for the
consideration of the annexation and zoning ordinances related to the
annexation.
The requested I-P, Industrial Park, and T, Transition, Zoning Districts
are in conformance with the policies of the City's Comprehensive Plan.
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' STAFF RECOMMENDATION:
Staff recommends approval of the annexation and suggested zoning.
PLANNING AND ZONING BOARD RECOMMENDATION:
The Planning and Zoning Board, at its regular monthly meeting on October 19,
1992, voted 4-0 to recommend approval of the annexation and suggested zonings.
A copy of the Board's minutes is attached."
Chief Planner Ken Waido gave a presentation on this item and stated the major
property owner has requested an Annexation Agreement, and requested Council
postpone Hearing and First Reading of Ordinance No. 123, 1992.
Waido clarified the property could be annexed without an Annexation Agreement and
reported negotiations have been ongoing for nearly 4 years.
Glen Johnson, 3432 Carlton Avenue, opposed the right-of-way, stating it posed a
potential problem with the irrigation system and spoke of the cost of dedicating
the two arterial roads.
Bruce Lockhart, 2500 E. Harmony Road, stated the land should remain farmland.
Councilmember Edwards made a motion, seconded by Councilmember Horak, to adopt
Resolution 92-170.
Councilmember Edwards questioned potential outcomes regarding the irrigation
system and its conflict with right-of-way dedication.
Councilmember Horak questioned the cost to the City if the property were not
annexed and suggested reviewing the policy 'regarding annexing an enclave when
there is existing development. He stated he would support the Ordinance on First
Reading but wanted to see additional alternatives before he would vote to adopt
the annexation on Second Reading.
Councilmember Maxey suggested tabling the item indefinitely.
Councilmember Azari stated she supported the resolution but questioned the hurry
in annexing the property.
Waido clarified that Lone Star Steel and Fort Collins Pipe Company were also
included in the annexation.
Mayor Kirkpatrick spoke of the urban development density in the area and stated
she would be supporting the resolution and ordinance.
The vote on Councilmember Edwards' motion was as follows: Yeas: Councilmembers
Azari, Edwards, Horak, Kirkpatrick and Maxey. Nays: None.
THE MOTION CARRIED
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Councilmember Horak made a motion, seconded by Councilmember Edwards, to adopt '
Ordinance No. 122, 1993.
The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers
Edwards, Horak and Kirkpatrick. Nays: Councilmembers Azari and Maxey.
THE MOTION CARRIED.
Councilmember Horak stated his vote was based on the assurance that information
would be available before second reading.
Ordinance No. 124, 1992
Amending the Zoning District Map of
the City of Fort Collins, by Changing
the Zoning Classification for that
Certain Property Known as the "Buffer Strip"
of "N-C-B" Zone to be Located Between
the "B-G" General Business Zone and the
"N-C-M" Neighborhood Conservation Medium
The following is staff's memorandum on this item.
"EXECUTIVE SUMMARY
The purpose of this hearing is to review the zoning of the "Buffer Strip"
initially included within the overall East Side/West Side Neighborhood Plans ,
Rezoning Project. The major question concerning the rezoning of this area is to
determine the appropriate location of the zoning district boundaries for the
"buffer" area, or transition area, between the predominantly downtown commercial
uses located east of Meldrum Street and the predominantly residential uses of the
West Side neighborhood located west of Sherwood Street. The specific rezoning
issue in controversy is whether to extend the N-C-B, Neighborhood Conservation
Buffer, Zone to the west of the alley, which runs between Meldrum Street and
Sherwood Street, south of Mountain Avenue. The area is currently zoned N-C-M,
Neighborhood Conservation Medium Density. The major land use issue involves the
location and review processing of professional offices. Offices can only locate
in the N-C-M zone after being reviewed and approved through the City's PUD code,
the LAND DEVELOPMENT GUIDANCE SYSTEM, which requires a public hearing before the
Planning and Zoning Board. The N-C-B zone allows the conversion of residential
uses to office uses in the same structure without any public review, while
conversions which propose exterior alterations to buildings, must be approved by
the Planning and Zoning Board.
BACKGROUND:
In order to ensure that the rezoning of the "Buffer Strip," (part of the overall
East Side/West Side Neighborhood Plans Rezoning Project) has been reviewed
impartially, the Council referred the issue of the rezoning to the Planning and
Zoning Board for review and recommendation (a copy of the Council's Resolution
92-114 of August 18, 1992, referring the matter to the Board is attached). The '
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' Board has completed its review and presents its recommendation for denial of the
rezoning to the Council.
The major question concerning the rezoning of this area is to determine the
appropriate location of the zoning district boundaries for the "buffer" area, or
transition area, between the predominantly downtown commercial uses located east
of Meldrum Street and the predominantly residential uses of the West Side
neighborhood located west of Sherwood Street.
On October 15, 1991, the Council adopted Ordinance No. 113, 1991, on second
reading approving the East Side/West Side Neighborhood Plans Rezoning Project
Map. Ordinance 113, 1991, established a "buffer" area to essentially cover the
east one-half of those blocks located north of Olive Street and south of Cherry
Street. The Council placed most of this area into the new N-C-B, Neighborhood
Conservation Buffer, Zone, with the exception of the east one-half block located
between Oak Street and Mountain Avenue. This one-half block was retained in the
B-G, General Business, Zone, but the Council placed a zoning condition which
limited the uses allowed in the half block (see attached map for boundary
locations). The area west of the alley was placed in the N-C-M, Neighborhood
Conservation Medium Density, Zone. The boundaries of the new zones were
consistent with the policies and map contained in the WEST SIDE NEIGHBORHOOD
PLAN.
During the East Side/West Side Neighborhood Plans Rezoning Project several
property -owners expressed concerns with the proposed change in zoning from R-H,
High Density Residential, to N-C-M, Neighborhood Conservation Medium Density, for
the "400 Block" of West Oak Street (west of the alley between Oak Street and
Mountain Avenue). At the start of the rezoning project two properties west of
the alley (416 and 419 West Oak Street) had been converted to professional office
uses. A third property (420 West Oak Street) was converted during the rezoning
process.
Although these property -owners have objected to the zoning change for the
specific block, the broader issue is the elimination of professional offices
which were allowed through "special review" by the Planning and Zoning Board in
the former R-H zone, but are not allowed in the N-C-M zone, unless processed as
a planned unit.development. The issue is, thus, not a new issue since it was
identified and evaluated during the East Side/West Side Neighborhood Plans
Rezoning Project.
Attached are the original materials submitted by the property -owners requesting
and supporting the extension of the N-C-B Zone to the west of the alley. Also
attached are several letters in opposition to the request.
Several options for the areas west of the alley were initially presented for
Council consideration. These options included:
234
Leave the area in the R-H zone.
This option was contrary to the recommendation of the WEST SIDE '
PLAN. Professional offices in the R-H Zone are required to be
approved through a special review by the Planning and Zoning Board.
Rezone the area to the N-C-M zone.
This option followed the recommendation of the WEST SIDE PLAN.
Professional offices in the N-C-M Zone would be required to be
submitted, evaluated, and approved through the PUD process.
3. Rezone the area to the new N-C-B zone.
The N-C-B zone allows the conversion of residences to professional
offices either "by -right" in existing structures, or through a
special use review process before the Board. This option was also
contrary to the recommendation of the WEST SIDE PLAN.
4. Include the PUD option in the N-C-M zone.
Initially, the N-C-M Zone did not allow the PUD process. Staff added
the LDGS back into all new proposed zones during the East Side/West
.Side Rezoning Project process. Adding the LDGS into the proposed
zones was in response to direction from the Planning and Zoning
Board based on public comments presented at the public hearings.
New offices in the 400 block of West Oak would be required to be
submitted and reviewed as a PUD. '
Planning and Zoning Board Recommendation, February 25, 1991
At the February 25, 1991, Planning and Zoning Board meeting, the Board voted to
recommend to the City Council that the area west of the alley between Mountain
Avenue and Oak Street be rezoned into the new N-C-M, Neighborhood Conservation
Medium Density, Zone and that the LDGS be added back into all new zones. Thus,
as indicated above, new offices in the 400 block of West Oak Street, west of the
alley, would be required to be submitted and reviewed as a PUD.
City Council Meetings of September 17, and October 15, 1991
On September 17, 1991, the Council conducted a public hearing on the East
Side/West Side Neighborhood Plans Rezoning Project. The property -owners in
opposition to the rezoning of the area west of the alley to N-C-M presented their
arguments and reasons for their position. The Council voted to amend the map
(Ordinance No. 113, 1991, on first reading) of the East Side/West Side Rezoning
Project to include the area west of the alley into the N-C-B, Neighborhood
Conservation Buffer, Zone. As indicate above, the materials submitted by the
property -owners in support of their request is attached to this staff report.
On October 15, 1991, during the public hearing for the second reading of
Ordinance No. 113, the property -owners along Sherwood Street attended the meeting
to voice their opposition to the rezoning of the area west of the alley into the '
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' N-C-B Zone. The Council reversed its earlier vote and placed the area into the
more restrictive N-C-M, Neighborhood Conservation Medium Density, Zone. Again,
as indicated above, letters in opposition to extending the N-C-B Zone west of the
alley are attached.
REZONINGS
Section 29-43 of the CODE OF THE CITY OF FORT COLLINS, allows the City Council
to rezone a parcel, or area, of land from its current zoning classification to
another zoning classification. The Council must receive a recommendation from
the Planning and Zoning Board concerning any proposed rezoning action.
The primary criteria for evaluating a rezoning request is its compliance with the
officially adopted elements of the City's COMPREHENSIVE PLAN. The elements which
most directly apply to this rezoning request include the GOALS AND OBJECTIVES,
the LAND USE POLICIES PLAN, and, specifically, the WEST SIDE NEIGHBORHOOD PLAN.
These elements are discussed in more detail in Attachment "A" to this staff
report.
In order for the City Council to approve a rezoning, it must be determined that
the change is in the best interest of the community as a whole and not simply in
the best interest of an individual or specific group of property -owners.
STAFF RECOMMENDATION
' Staff believes the recently adopted WEST SIDE NEIGHBORHOOD PLAN provides
sufficient guidance in reviewing this rezoning. Staff believes there has not
been substantial changes of conditions in the vicinity of the area in question
to warrant a zoning different than one that is in conformance with the WEST SIDE
PLAN. Since the zones have been in place for only one year, staff believes that
there has not been sufficient time and experience to demonstrate that the
existing boundaries between the N-C-B and the N-C-M zones are unwise and in need
of change.
The policies and map in the WEST SIDE NEIGHBORHOOD PLAN lead staff to recommend
that the alley between Meldrum Street and Sherwood Street be retained as the
western boundary of the "buffer strip", or transition zone, between the
predominantly commercial uses to the east of the predominantly residential uses
to the west. Therefore, the area west of the alley, in staff's opinion should
remain in the N-C-M Zone to remain consistent with the policies and map of the
WEST SIDE PLAN. An alley is typically used as a boundary between zoning
districts which allow different types of uses. The use of an alley as a boundary
is considered to be better than using a street which tends to be a "unifying"
factor within a neighborhood. By using an alley, different types of uses would
"back-up" to each other and potential impacts could be mitigated through the
different orientation of such uses. A copy of Chapter 3 containing the land use
policies from the WEST SIDE PLAN is attached.
Because of their nature, neighborhood plans usually contain specific policy
direction. The use of maps to depict boundaries for different areas typically
' classify them in "black" and "white" terms. The real world may need some
"greyness" in that office development in the area west of the alley may not be
236
entirely inappropriate. Staff believes that any conversions from residential '
uses to non-residential uses west of the alley should be reviewed according to
the criteria and processes of the LAND DEVELOPMENT GUIDANCE SYSTEM, which would
include neighborhood meetings and a public hearing and decision by the Planning
and Zoning Board.
On Wednesday October 7, 1992, staff conducted a neighborhood meeting to discuss
the issues and answer questions related to the rezoning. Notice of the
neighborhood meeting and the Board's public hearing of October 19, was sent to
all affected property -owners by a letter dated September 21. Staff utilized the
neighborhood meeting to describe the differences between the N-C-M and N-C-B
Zones (the comparison chart used at the meeting is attached to this report).
At the neighborhood meeting, some zoning options were discussed. These options
included the following:
(1) Only rezone the lots (parcels) within the area of concern which have
frontage on Oak Street and Mountain Avenue to the N-C-B Zone. Lots
which front on Sherwood Street would remain in the N-C-M Zone.
(2) Rezone the area to the N-C-B Zone, but place additional zoning
conditions on the area limiting non-residential conversions to only
"professional offices" and limiting residential redevelopments to
four-plexes (basically the same type of residential redevelopment
allowed in the N-C-M Zone).
(3) A combination of Options #1 and #2.
'
Option #1 has some potential merits since the lots facing Sherwood Street would
remain residential. Non-residential conversions on Oak and Mountain would "side -
on" to the residential uses along Sherwood Street providing for some mitigation.
Option #1, however, immediately raises the question that if the south side of
Mountain Avenue west of the alley is an appropriate area for non-residential
conversions why wouldn't the north side of Mountain west of the alley, or the
north side of Olive Street west of the alley, or both sides of Laporte Avenue,
also be appropriate since those lots have similar orientations and proximity to
commercial uses in the central business district (CBD).
Option #2 also has some potential merits since it would limit non-residential
conversions to professional offices which would most likely have the lowest
impacts on adjacent residential uses. However, staff does not think it is in the
best interests of the City to establish special zoning districts with specific
uses for every block in the community. Such actions can not be considered good
community planning and leans towards the "spot zoning" of properties for the
benefit of particular property -owners. Staff believes Option #2 can be also
achieved more effectively through the PUD process and does not need to be
implemented through a conditional zoning district. Through the approval of an
Overall Development Plan (ODP), potential non-residential conversions limited to
professional office uses could be made without losing uses allowed under the
N-C-M Zone. However, once a preliminary plan were to be approved for a specific
property, its use would then become limited to the use allowed via the PUD. '
237
' In summary of all potential options, staff believes the PUD process encompasses
all possible permutations and combinations of zoning boundary extensions, limited
use conditions, etc., which could be devised as options to the original request
to extend the N-C-B Zone west of the alley.
PLANNING AND ZONING BOARD RECOMMENDATION:
The Planning and Zoning Board, at its regular monthly meeting on October 19,
1992, voted 4-0 to recommend denial of the rezoning. A copy of the Board's
minutes is attached.
Attachment "A"
HISTORY OF THE EAST SIDE/WEST SIDE REZONINGS
The older residential neighborhoods of the city located adjacent to the downtown
central business district (CBD) commercial area have been an important planning
consideration for a long time. The East Side/West Side rezonings were considered
to be the final step of a planning process which had its beginnings in 1975. In
developing the foundation to the City's Comprehensive Plan, the GOALS AND
OBJECTIVES document over the period 1975-1977, a special citizens Redevelopment
Task Force focused on the issues, problems, and opportunities for the core area
of the community. Several goal and objective statements help establish the basic
City land use philosophy for these older neighborhoods. Presented below are some
of the more pertinent statements from the GOALS AND OBJECTIVES document related
to older neighborhoods:
' p. 4 Encourage the preservation and development of unique qualities and
characteristics of all neighborhoods.
Preserve historical or unique buildings or houses in older
neighborhoods.
Protect against the intrusion of incompatible commercial and
business activities which have a significant negative impact upon
predominantly residential areas.
Determine density levels throughout the City which can most
effectively utilize City services and not overburden existing
services.
P. 9 Encourage the diversity of housing types which allows a mixture of
income levels in all neighborhoods.
P. 10 Discourage the conversion to higher density of older single-family
neighborhoods where supporting services and facilities would not be
sufficient.
Relate the impacts of proposed residential developments (including
land use, service demand, and effects upon contiguous neighborhoods)
' to the need for additional residential units in the community.
238
Require that single-family houses converting to higher intensity
uses provide adequate facilities and services for the new uses. '
Identify those areas of the City which are suitable for
redevelopment of higher -intensity residential uses and those which
are not, particularly noting availability of services, access to
public transportation, recreational facilities and services, and
land uses in adjacent areas.
Encourage the conversion of older buildings to new uses when such is
compatible and can be done without irreparably damaging or
destroying the unique qualities of the building.
p. 13 Develop and utilize as fully as possible the shopping, government,
business offices; and cultural functions of the downtown as a focus
for the redevelopment of the rest of the older City.
Encourage higher density housing which is consistent with the
character of the neighborhood in the general downtown area.
p. 17 Protect the character of new and existing residential neighborhoods
against intrusive and disruptive surrounding development.
Encourage neighborhood commercial facilities which blend with the
residential character of the area. Establish general criteria for
evaluating impacts of new development on residential neighborhoods.
Protect older residential areas from encroachment by industrial and I
commercial uses which may impair the viability of the residential
area.
The common themes for the protection of older neighborhoods from incompatible
land uses and the conservation of the existing character of the neighborhoods are
evident in the above statements.
In 1979, the City Council adopted the LAND USE POLICIES PLAN for the City of Fort
Collins. This plan was developed during a period of rapid growth in the
community and most of the policies deal with the containment of .urban sprawl.
However, the need for more detailed planning policy development for the older
sections of the city was noted in the document as indicated by the following
policies:
#35. The City shall prepare a core area development plan for the
redevelopment of the downtown area.
#36. In the City's Core Area Development Plan, the location of
commercial/service oriented office land use areas and high density
residential areas shall be noted along with the phased expansion of
these areas.
239 1
#37 c.
The City shall promote the downtown area as a focal point of the
community though such means as: Defining and encouraging the
location of proper uses in the area.
#38.
The City shall only allow land use conversions to commercial/service
land uses and to higher density residential uses in areas designated
for such uses in the Core Area Development Plan.
#75.
Residential areas should provide for a mix of housing densities.
#80 a.
Higher density residential uses should locate: near the core area,
regional/community shopping centers, CSU main campus, or the
hospital.
#81.
The core area expansion plan should depict appropriate locations for
higher density residential conversions.
The above
policies, while offering some policy guidance, clearly indicate that
further policy
development was necessary to guide development and redevelopment
activities
in the downtown area and adjacent older residential neighborhoods.
In 1981, the City Council adopted a new planned unit development ordinance, known
as the LAND DEVELOPMENT GUIDANCE SYSTEM (LDGS), designed to implement the
policies of the LAND USE POLICIES PLAN. In 1984, the Planning Department prepared
as report entitled SUMMARY OF PERFORMANCE OF THE LAND DEVELOPMENT GUIDANCE SYSTEM
' 1981-1984. The report was prepared for the City Council and Planning and Zoning
Board as part of an on -going evaluation of the LDGS to determine if any revisions
or refinements were necessary to the system. The "Conclusions and
Recommendations" portion of the report contained the following statements (p. iv
- vi):
There is evidence the LDGS has indeed performed very well in implementing
the LAND USE POLICIES PLAN in terms of encouraging the greater
concentration of land uses, proper phasing of urban growth and
development, increasing residential densities, and mixing different types
of land uses .and densities throughout the community. These policies,
however, have created some uneasiness between existing residents and
developers of recent planned unit developments in established
neighborhoods. A citizen group, known as the East Side Neighborhood
Steering Committee, is presently working on the City's first neighborhood
plan that would guide the future of that area. As this, and other future
neighborhood planning efforts proceed, perhaps resident's concerns will
diminish in regard to new Will projects.
4. ... An apparent weakness of the System is how in -fill proposals "fit -in"
with existing neighborhoods in terms of design and compatibility. In the
past, the emphasis of the City's review has been on the proposed design of
the development itself, rather than how well the project blends with its
neighborhood. In some cases, trading off neighborhood compatibility for
' "good" project design has happened. This emphasis may not be the best
approach for the community. Rather, the unique character of some
neighborhoods should be maintained and enhanced by new development.
240
In the "Observations" portion of the report the following statement can be found I
(p. 13):
"It is more difficult to determine how the LDGS helps implement
major land use goals for the developed portions of the community
than for the periphery of the City. It is often the case that in
existing neighborhoods, recent planned unit developments are being
proposed under a new and different land use philosophy from that
which originally guided the development of the neighborhood. As a
result, many citizens are becoming increasingly concerned with new
land uses being proposed in their neighborhoods. The 1984 QUALITY
OF LIFE SURVEY report indicated, in a section designed to determine
citizen attitudes toward City policies, "Residents were most in
disagreement (60Y) with the policies which would encourage
commercial/office development in neighborhoods where little or none
exists and allow higher density uses on vacant parcels within
existing neighborhoods (infill)."
Based on the findings of the SUMMARY OF PERFORMANCE report, several changes were
made to the LOGS, but the Planning Department also embarked on a major work
program effort to complete neighborhood plans for the older neighborhoods and the
downtown commercial area of the city. These plans were needed to provide further
refined policy guidance for development and redevelopment activities as called
for in the GOALS AND OBJECTIVES and the LAND USE POLICIES PLAN documents. Four
neighborhood/special area plans were prepared and by the Planning and Zoning '
Board and City Council as elements of the City's Comprehensive Plan. These four
plans, and dates of adoption, are as follows:
1. POUDRE RIVER TRUST LAND USE POLICIES PLAN (February 18, 1986)
2. EAST SIDE NEIGHBORHOOD PLAN (March 1, 1986)
3. WEST SIDE NEIGHBORHOOD PLAN (Ju1y.18, 1989)
4. DOWNTOWN PLAN (September 5, 1989)
EAST AND WEST SIDE NEIGHBORHOOD PLANS
The East Side/West Side rezonings were intended to help implement the land use
policies of the EAST SIDE and WEST SIDE NEIGHBORHOOD PLANS (specifically the land
use section of Chapter 2 and Appendices A and B of the EAST SIDE NEIGHBORHOOD
PLAN, and Chapter 3 of the WEST SIDE NEIGHBORHOOD PLAN). These plans essentially
categorize the neighborhoods into areas according to their sensitivity to change.
Some portions of the neighborhoods are almost exclusively devoted to single-
family dwellings and, as such, are very sensitive to any proposed land use
change. There are other areas which are predominantly single-family in nature,
but over the years some redevelopment has occurred. Most redevelopment
activities in these areas have been conversions to medium density multi -family
structures (such as duplexes, 3-plexes and 4-plexes), although some larger
apartment complexes (24-36 units each) have also developed. These areas would
not be as sensitive to additional medium density residential redevelopment, but
could be negatively impacted by conversions to non-residential uses. Finally,
there are portions of the neighborhoods which have seen significant redevelopment '
241
' and conversion activity. These areas, thus, would be the least sensitive to new
redevelopment and conversion activity.
The neighborhood plans, thus, provided the policy guidance for the East Side/West
Side rezonings. Due to their nature, neighborhood plans are very specific in
their policy direction. The regulations, in many cases, were taken almost word-
for-word from the plans. In terms of the zoning district boundaries, they are
consistent with the different land use areas proposed within the neighborhood
plans.
The concepts, goals, and policies presented in the EAST SIDE and WEST SIDE
NEIGHBORHOOD PLANS are very similar for categories of land use types, In
summary, the major goals and land use policies of the EAST SIDE and WEST SIDE
PLANS are:
1. Preserve the existing residential character of the neighborhoods.
2. Protect the neighborhoods from incompatible land uses which could locate
internally to the neighborhoods and undermine the stability of the
neighborhoods.
3. Protect the neighborhoods from incompatible land uses which could locate
along the periphery of the neighborhoods and have negative impacts and
influences within the neighborhoods.
' In a sense, the adoption of the East Side/West Side rezonings challenged the
commitment of the City to implement the land use policies of the EAST SIDE and
WEST SIDE NEIGHBORHOOD PLANS.
SUMMARY OF THE EAST SIDE/WEST SIDE REZONING PROCESS
Zoning ordinances legally define what land use types can or can't locate on a
specific property. Uses which may be allowed to locate in "Zone A" may not be
allowed to locate in "Zone B." In Fort Collins, land use restrictions are not
as rigid as in most zoning ordinances due to the ability, through the PUD process
(LOGS), to propose a land use for a property which would not normally be allowed
in a zone.
Amendments to the Zoning District Map and amendments to Zoning Regulations are
allowed according to the procedures set forth in Sections 29-43 and 29-44 of the
CODE OF THE CITY OF FORT COLLINS. Essentially, the City Council, after receiving
a recommendation from the Planning and Zoning Board, can approve any amendments
to the zoning map or zoning regulations. In order to approve a rezoning, the
Council must determine that the changes are in the best interest of the community
as a whole, and not simply the best interest of a specific individual or group
of people.
A series of public meetings were conducted covering the proposed zoning changes
for the East and West Side Neighborhoods. A set of open houses and informational
' meetings were conducted between June of 1990 and.January of 1991. The open
houses were announced through advertisements placed in THE COLORADOAN newspaper
and a general press release. The Planning Department also sent a letter to every
242
property owner (over 4,300 letters) within the East Side and West Side I
Neighborhoods.
The purpose of the open houses was to present information on the proposed zoning
changes to the residents and property owners of the neighborhoods. The open
houses were not public hearings, no decisions were to be made. Also, the open
houses were not public forums, no comments or debates were expected.
A second set of public meetings, called public comment forums, were conducted on
the proposed rezonings between August of 1990 and June of 1991. The public
comment forums were announced by the Planning Department by sending a letter to
every property owner (4,300+ letters) within the East Side and West Side
Neighborhoods.
The purpose of the public forums was to allow comments from the public concerning
the proposed zoning changes for the East and West Side Neighborhoods. The
comments could be either in support of, or in opposition to, the proposed
changes. As expected, comments were spoken from both sides of the issue.
Like the open houses, the public forums were not a public hearing at which a
decision was to be made. Also, the public forums were not a formal debate,
although some individuals spoke in favor of the zoning changes while others spoke
in opposition. The public forums did present an opportunity for individuals to
obtain a better understanding of the issues and impacts the zoning changes could
have on fellow residents and property -owners. Thus, the public forums were also
an educational process so that individuals with different perspectives could gain '
a better understanding of how other people may feel about the proposed changes.
Individuals were asked to be respectful of all comments, even those which they
may not agree with. It was pointed out that the public forums were not "de
facto" referendums, in that, even if a majority of those who spoke were in favor
of the changes it did not necessarily mean the changes would be adopted.
Likewise, even if a majority spoke in opposition to the changes it did not
necessarily mean the changes would not be adopted.
Staff utilized the comments presented at the public forums, and letters received
in opposition to the proposed zones, to identify specific technical problems with
the draft versions of the new and modified zoning districts and to identify any
special problem areas in application of the new regulations, so alternative
options could be developed prior to official public hearings by the Planning and
Zoning Board.
Staff has expected from the start of the project that the proposed rezonings
would be controversial. The East Side/West Side rezonings were the first rezoning
effort in the city designed to change allowable uses on certain properties since
the adoption of the LAND DEVELOPMENT GUIDANCE SYSTEM in 1981. In a sense, the
City of Fort Collins did not had to deal with a legal rezoning of property in
over ten years and East Side/West Side rezoning project represented a major
attempt to rezone a significant portion of the core area of the city. Staff
fully expected some property -owners to be concerned with the proposed zones
because in some cases the new zones limited what could be done with a piece of
property. Staff has also expected to have property -owners indicate that they '
243
have never heard of the EAST SIDE and/or WEST SIDE NEIGHBORHOOD PLANS from which
' the new zones are derived.
PROPOSED ZONING CHANGES
Staff made it clear in all phone conversations, the open houses, and the public
forums that the rezonings basically represent a "downzoning" of major portions
of the East Side and West Side Neighborhoods. The creation of the four new zones
and the modifications to several existing zones would have the following effects
within the neighborhoods:
1) reduction of the areas within the neighborhoods that would allow
multi -family residential redevelopment and non-residential
conversions as uses -by -right, however, new review processes will be
established for these uses to determine their appropriateness in
other parts of the neighborhoods;
2) residential density will be limited to four-plexes as uses -by -right
within areas open to redevelopment activities, however, special
review process, including the PUD option, will be established
requiring public hearings and Planning and Zoning Board decisions
for higher density residential projects; and
3) commercial and business activities will be limited within and along
the edges of the neighborhoods, however, special review processes,
including the PUD option, will be available to propose such uses in
other parts of the neighborhoods.
' PLANNING AND ZONING BOARD AND CITY COUNCIL PUBLIC HEARINGS
The Planning and Zoning Board conducted a total of four public hearings on the
East Side and West Side Rezonings project between September 1990 and June 1991.
The East Side/West Side rezonings presented to the City Council by the Planning
and Zoning Board went through a series of changes based on questions heard at the
open house informational meetings, the comments and .concerns expressed at the
public forums and in letters received by the Planning Department, and the
comments expressed at the Board's public hearings.
The City Council conducted its own public hearings on the East Side/West Side
rezonings in September, October, and December of 1991. The Council passed a
series of ordinances approving the East Side/West Side Neighborhood Plans
Rezonings Project."
Councilmember Edwards stated he would not be participating in discussion on
Ordinance No. 124, 1992 due to a perceived conflict of interest.
Chief Planner Ken Waido gave a staff presentation on this item giving a brief
overview of the proposed rezoning. He stated a neighborhood meeting was held and
zoning issues and questions were answered by staff and he outlined options for
the zoning.
1 244
Mayor Kirkpatrick clarified the Planning and Zoning Boards recommendation was to
not adopt Ordinance No. 124, 1992.
Councilmember Maxey made a motion, seconded by Councilmember Azari, to adopt the
'
alternative motion which reads as follows: "That Council leave the "Buffer
Strip" Zoning as it presently stands, including that portion of the "Buffer
Strip" between Mountain Avenue and Olive Street. As a part of my motion, I would
request that the Council find that the zoning established pursuant to Ordinance
No. 113, 1991, was and is the proper zoning to be applied to that "Buffer Strip"
in the interest of the health, safety and welfare of the City; that any conflict
of interest on the part of Councilmember Edwards did not result in an improper
zoning of this strip of land; and that there are no changed circumstances in the
surrounding neighborhood which warrant any change in that zoning."
Don Richmond, property owner of 420 and 424 West Oak, opposed the rezoning and
spoke of possible transition zones.
Bob Getz, 131 South Sherwood Street, stated that the neighborhood has
historically been a residential neighborhood and stated the West Side Plan
reaffirmed the neighborhoods desire to preserve the residential properties.
L.S. Winzinreid, residing at 1013 Morgan and property owner at 112 South
Sherwood, supported the redeveloping of the properties.
Tim Carney, 221 South Sherwood, supported the redevelopment of the property on
Oak Street and spoke of parking concerns.
Susan Hooley, 123 South Sherwood, spoke in support of keeping the neighborhood
zone as N-C-M.
'
Elizabeth Nance, 209 South Sherwood, supported the current zoning stating it
protects her rights as a resident.
Joe Bastian, 428 West Oak, stated the offices in the area contribute to the
residential quality of Sherwood Street, and he urged Council to support the
Ordinance.
John Lovell, 125 South Sherwood, urged Council not to change the zoning and spoke
in support of the PUD process.
Paul Reese, 123 South Sherwood, spoke in support of the motion.
Councilmember Azari supported the motion and stated the PUD process was very
practical.
Councilmember Horak stated the PUD condition allows orderly conversions and
stated he would be supporting the motion.
The vote on Councilmember Maxey's motion was as follows: Yeas: Councilmembers
Azari, Horak, Kirkpatrick, and Maxey. Nays: None. (Councilmember Edwards
withdrawn)
THE MOTION CARRIED.
'
245
' Items Related to Proposed 1992 Budget
Budget Consent Items
Items 19-24 are being presented together in the Consent Calendar format. These
items have been reviewed and discussed at Budget Work sessions and are being
presented in this manner to expedite their adoption. As with the regular Consent
Calendar, any item may be withdrawn for discussion by any member of the Council,
staff or public and will be considered after the balance of the Budget Consent
is adopted.
19. Items Relating to the 1993 Downtown Development Authority Budget.
A. Second Reading of Ordinance No. 112, 1992, Relating to the Annual
Appropriations and Approving the Budget of the Downtown Development
Authority for Fiscal Year 1993 and Fixing the Mill Levy for the
Downtown Development Authority for 1993.
The Downtown Development Authority Board of Directors adopted the proposed
1993 DDA budget totalling $205,416 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 1, 1992. This
Ordinance, which was unanimously adopted on First Reading on October 20,
has been adjusted, lowering the proposed mill levy for the Downtown
Development Authority from 4.4 mills to 4.05 mills. The proposed mill
levy is being reduced to the same mill levy that was established for 1992
as a result of Amendment #1 (TABOR), approved by voters at the November 3,
1992 General Election. The proposed 1993 DDA budget of $205,416, would
maintain the present staffing level. No capital expenditures are
anticipated. The Board has placed the budgeted year end excess in
contingency.
B. Second Reading of Ordinance No. 113, 1992, Appropriating Revenue in
the Downtown Development Authority for Payment of Debt Service for
the Year 1993.
This Ordinance, which was unanimously adopted on First Reading on October
20, appropriates funds for the payment of Downtown Development Authority
debt service for 1993.
20.
Beginning in 1993, the SouthRidge Golf Course budget is being merged into
the Golf Fund along with the City Park Nine and Collindale Golf Courses.
SouthRidge was a separate budget from the Golf Fund in both 1991 and 1992.
This is consistent with the discussions held with Council at its February
25 work session. At that time, it was indicated that the status quo
should be maintained with regard to the payment of the SouthRidge
' construction debt, and that golf fees and charges should strive to
maximize revenues at all three golf courses in as fair and equitable
246
21.
manner as possible, while still retaining some amount of taxpayer subsidy
for the SouthRidge debt.
The proposed rates for 1993 reflect an increase in some room rentals. New
rates remain comparable with other facilities in the area. The 1993
revenue projections are based on these fee changes.
Major changes include:
1) Terrace rates have been adjusted to increase fees for commercial users
and decrease fees for non-profit users for under 50 people.
2) Canyon West room rates were increased for special events and trade
shows to remain comparable with similar facilities.
3) Columbine room rates were increased to remain comparable with similar
facilities. Separate rates for special events and trade shows were added.
22. Resolution 92-173 Establishing and Revising Fees to be Charged at
Municipal Cemeteries.
This resolution will increase the majority of Cemetery Fees and Charges by
5%. Some fees will remain the same. The recommended changes are
consistent with the revenues projected in the 1993 recommended budget
document:
23. Resolution 92-174 Establishing and Revising Fees to be Charged for
Recreation Division Programs.
1993 fees and charges for Recreation Division programs and services
reflect the inclusion of the funding of year three phase -in of the
Recreation Fee Policy.
The policy states that programs will recover their direct costs through
fees. The 1993 fees and charges schedule reflects fee increases in some
programs to reach the break-even point to be consistent with the policy.
These programs include youth tennis clinic, boat rental on Sheldon Lake,
skate sharpening, ice rental, day camps at the Farm, room rentals at all
facilities, private ice skating instruction, pottery, fitness classes,
tennis lessons, and youth sports.
Programs which reflect a fee decrease are water fitness, Farm classes, and
some youth activities. Adult basketball and volleyball fees, which
already recover more than 100% of the program costs, will remain at 1992
levels, while absorbing some cost increases. These programs will now be
at a break-even point. The adult softball fee will also remain at the
1992 level. The softball revenue which is above the direct cost of this
program will be spent on field maintenance equipment, such as bases and
247
' chalk, which in the past have been purchased by the Parks Division. This
will shift these direct program costs to the more appropriate budget.
24.
1993.
In December 1981, the Council entered into an agreement with the Poudre
Valley Fire Protection District, creating the Poudre Fire Authority.
According to the Intergovernmental Agreement between the City of Fort
Collins and the Poudre Valley Fire Protection District, the City will
contribute funding for maintenance and operating costs to the Authority
based on a "Revenue Allocation Formula" ("RAF"). The RAF is to be set
annually based upon a percentage of sales and use tax revenues (excluding
dedicated sales and use tax revenues that must be spent on specific
projects) and a portion of .the operating mill levy of the City's property
tax.
With the adoption of this resolution, the City will set the RAF at a sum
equal to .303 of one cent of the 2.25 cent sales and use tax applicable to
all taxable sales and uses plus 5.177 mills of the existing operating
property tax levy which is 67.09% of the operating tax. It is anticipated
that the resulting contribution to Poudre Fire Authority of $6,629,243
. will adequately meet the proposed 1993 expenditures as detailed in its
Master Plan.
Ordinances on Second Reading were read by title by Deputy City Clerk Molly Davis.
19. Items Relating to the 1993 Downtown Development Authority Budget.
26.
27.
28.
Second Reading of Ordinance No. 112, 1992, Relating to the Annual
Appropriations and Approving the Budget of the Downtown Development
Authority for Fiscal Year 1993 and Fixing the Mill Levy for the
Downtown Development Authority for 1993.
Second Reading of Ordinance No. 113, 1992, Appropriating Revenue in
the Downtown Development Authority for Payment of Debt Service for
the Year 1993.
ME
29.
Second Reading of Ordinance No 114 1992 Relating to the Annual '
Appropriations and Adopting the Budget for the Fiscal Year Beginning
January 1 1993 and Ending December 31 1993 and Fixing the Mill Levy
for Said Fiscal Year.
Ordinances on First Reading were read by title by Deputy City Clerk Molly Davis.
30.
31. Hearing and First Reading of Ordinance No 127 1992 Fixing the Salary of
the City Attorney.
32.
34.
Councilmember Azari made a motion, seconded by Councilmember Maxey, to adopt and
approve all items not removed frog the Budget Consent Calendar.
The vote on Councilmember Azari's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Horak, Kirkpatrick, and Maxey. Nays: None.
THE MOTION CARRIED.
Second Reading of Ordinance No. 109, 1992, '
Amending Chapter 26, Article VI, Division 4
of the Code Setting Rates and Charges for Electric Service Adopted.
The following is staff's memorandum on this item.
"EXECUTIVE SUMMARY
This action is proposed in accordance with Council direction given at the June
23, 1992 work session. This Ordinance, which was adopted 4-2 on First Reading
on October 20, will increase revenue from the sale of electric energy by 7.4%
beginning January 1, 1993, and meets the revised Financial and Management
Policies relating to the 1993 Budget.
The most significant contributing factor to the 7.4% adjustment is a 5.94%
purchase power cost increase implemented April 1, 1992 by the utility's wholesale
power supplier Platte River Power Authority. Since over 70% of Light and Power's
budget is for purchased power, the additional $1,800,000 per year impact on the
Fort Collins system will require an offsetting retail rate increase of 4.3%.
Staff is proposing an additional increase of 3.1% to cover the accumulative
effects of inflation through the five year plan (1993-1997). No further
adjustments are projected during the next 5 years.
Between 1983 and 1992 overall retail electric rates decreased by 9.9% while the '
Consumer Price Index increased 41.1%. After the proposed 7.4% adjustment, actual
249
' retail electric rates in Fort Collins will be approximately 2% less than they
were in 1983.
Distribution of the overall 7.4% increase to individual rate classes was
accomplished using a fully distributed cost of service study. While cost of
service principles are simple in concept, they are complex in application.
Accuracy depends on a number of variables such as load research, annualized
Operations & Maintenance cost, and individual customer use patterns that shift
from year to year. Staff estimates that accuracy levels of plus or minus 5%
would be the highest obtainable and plus or minus 10% is a realistic range of
customer equity."
Utilities Director Rich Shannon gave a presentation on this item and spoke of the
rate increases and decreases over the past 10 years. He reported on wholesale
rate increases and the inflation of labor and equipment costs.
Councilmember Maxey made a motion, seconded by Councilmember Edwards, to adopt
Ordinance No. 109, 1992 on Second Reading.
Councilmember Maxey questioned what the accumulated funds would be used for.
Shannon stated the excess funds are placed in reserves to assist in funding the
capital reserves and purchase power reserves keeping them at their stated levels.
Councilmember Maxey questioned what happens with the commercial and industrial
business service power sold, and if rates on those levels would be increased.
Shannon stated rates are based on a cost of service basis which is based on how
much energy is drawn from the electric system.
Light and Power Director of Finance Don Botteron summarized rate increases for
residential, small commercial and large industrial users.
Barbara Allison, 1212 Lynnwood Drive, stated the rate increase posed a hardship
on citizens living on a fixed income.
Bob Teuting, 916 Cheyenne Drive, opposed rate increases and urged Council not to
adopt the ordinance.
Barbara Rutstein, Electric Board Chairperson, spoke of a recent open house which
addressed the proposed rate increases and stated the majority of citizens who
attended were not as interested in the rate increases as they were in
conservation.
Mayor Kirkpatrick spoke in support of the motion.
Councilmember Maxey noted there is a Utility Rebate Program available for
citizens in need of assistance.
Councilmember Azari
thanked
Barbara Rutstein and the Electric Board for its
efforts in providing
citizen
outreach.
250
The vote on Councilmember Maxey's motion was as follows: Yeas: Councilmembers '
Azari, Edwards, Kirkpatrick, Maxey. Nays: Councilmember Horak.
THE MOTION CARRIED.
Second Reading of Ordinance No. 110, 1992,
Amending Chapter 26 of the Code Relating
to Rates for the Water and Wastewater Utility, Adopted.
The following is staff's memorandum on this item.
"EXECUTIVE SUMMARY
The recommended 1993 budget includes water revenue projections based on an
overall water rate increase of 5.0% for all customer classifications. The
proposed water rate increase is a result of a number of factors, such as: lower
than anticipated revenue during 1990 and 1991, a decrease in investment earnings
due to the low interest rates, an increase in operation and maintenance expenses
due to inflation, and the implementation of the leak detection program which was
an action item included in the Water Demand Management Policy adopted by City
Council this year.
The proposed change in water rates will increase the monthly water bill of a
typical residential non -metered customer (lot area of 8500 square feet) from
$26.59 to $27.93, an increase of $1.34 per month. The monthly water bill for a
typical residential metered customer (annual water use of 160,000 gallons) will
increase from $22.06 to $23.20, an increase of $1.14 per month. ,
Wastewater rates are also projected to increase in 1993. The proposed wastewater
rate increase is 6.0%, which is consistent with rate projections included in the
Wastewater Treatment Master Plan adopted by the City Council. The proposed rate
increase for 1993, as were previous increases in 1991 and 1992, is needed
primarily to generate additional revenue to fund a portion of the new debt
service associated with the $25 million improvement/expansion project at the
City's Wastewater Treatment Plant No. 2. The Council may recall that
approximately 50% of the project consists of improvements or enhancements which
are not growth related and, therefore, will be funded by existing rate payers.
A chart showing the total wastewater debt service is attached.
The proposed change in wastewater rates wi71 increase the monthly wastewater bi11
of a typical residential customer from $13.55 to $14.36, an increase of $.81 per
month. Monthly wastewater rates for non-residential customers will also increase
by 6.07. Ordinance No. 110, 1992 was adopted 5-1, on First Reading on October
20."
Water/Wastewater Utility Director Mike Smith gave a presentation on this item and
outlined the major components of the water rate increase.
Councilmember Azari made a motion, seconded by Councilmember Edwards, to adopt
Ordinance No. 110, 1992 on Second Reading.
Smith clarified residential customers pay a fixed fee. '
251
' Barbara Allison, 1212 Lynnwood Drive, spoke in opposition of the ordinance.
The vote on Council member Azari's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Kirkpatrick, and Maxey. Nays: Councilmember Horak.
THE MOTION CARRIED.
Second Reading of Ordinance No. 111, 1992,
Amending Sections 26-512(3) and 26-514(3)
of the Code of the City of Fort Collins Relating
to the Determination of Storm Drainage Fees, Adopted.
The following is staff's memorandum on this item.
"EXECUTIVE SUMMARY
This Ordinance, was adopted 5-1, on
table is a comparison of the monthly
the typical single family residence
0&M
' BASIN MONTHLY CAPITAL:
Foothills Basin
Fox Meadows Basin
McClelland/Mail Creek Basin
Spring Creek Basin
Canal Importation Basin
Dry Creek Basin
West Vine Basin
Evergreen/Greenbriar Basin
Fossil Creek Basin
First Reading on October 20. The following
fees for 1992 and the proposed 1993 fees for
with an 8,600 square foot lot.
1992 1993
$1.86 $2.01
$2.39
$2.75
$3.58
$3.58
$3.58
$3.58
$2.52
$2.90
$3.58
$3.58
$1.96
$2.25
$2.32
$2.67
$3.58
$3.58
$3.58
$3.58
There are five proposed increases in basin new development fees in 1993 in order
to ensure that development is paying its fair share toward the higher costs of
right-of-way and capital project construction and to fund new development's share
of debt service. The following table is the basin new development fee per acre
for 1992 and proposed 1993:
1992 1993
Foothills Basin
$5,024
$5,501
Fox Meadows Basin
$4,253
$4,891
McClelland/Mail Creek Basin
S3,232
$3,717
Spring Creek Basin
$1,691
$1,804
Canal Importation Basin
$5,590
$6,181
Dry Creek Basin
$4,043
$4,043
West Vine Basin
$7,004
$7,004
Evergreen/Greenbriar Basin
$10,000
$10,000
'
Fossil Creek Basin
$2,274
$2,274"
252
Stormwater Utility Manager Bob Smith responded to Council questions regarding '
stormwater quality, and spoke of the need for public education.
Councilmember Azari made a motion, seconded by Councilmember Maxey, to adopt
Ordinance No. 111, 1992 on Second Reading.
Councilmember Azari stated coordination of boards for education was commendable.
Councilmember Horak commended the utility for its efforts.
Mayor Kirkpatrick stated that Fort Collins was recently recognized by a new staff
attorney of the Colorado Municipal League for its innovative community approach
toward education concerning stormwater regulations.
The vote on Councilmember Azari's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Horak, Kirkpatrick and Maxey. Nays: None.
THE MOTION CARRIED.
Second Reading of Ordinance No. 114, 1992,
Relating to the Annual Appropriations and
Adopting the Budget for the Fiscal Year
Beginning January 1, 1993, and Ending December 31, 1993,
and Fixing the Mill Levy for Said Fiscal Year, Adopted.
The following is staff's memorandum on this item.
"EXECUTIVE SUMMARY '
This Ordinance, which was unanimously adopted as amended on First Reading on
October 20, has been adjusted to add $100,000 from General Fund Equipment
Replacement Reserves for Public Safety dispatch consoles. In addition, General
City capital project appropriations have been decreased by $98,500 resulting from
the elimination of capital funding for the National Heritage Area. Adjustments
have also been made to create a fund for the specific purpose of maintaining the
revenues generated by the voter approved 0.25 cent sales and use tax dedicated
for Natural Areas and ensuring that expenditures are made in accordance with the
purpose as outlined in the citizen initiative. The newly created fund is
actually a capital project within the Capital Projects Fund. Implementation of
this 0.25 cent sales and use tax results in additional appropriations of
$2,467,318 to both the Sales and Use Tax Fund and the Capital Projects Fund.
Additional appropriations added to the 1993 Budget as a result of First Reading
adjustments amount to $1,645,400. The amended ordinance plus adjustments
appropriates the 1993 Annual Budget in the amount of $222,852,550 and sets the
mill levy at 9.797 mills.
Sales and Use Tax Fund
Due to the passage of the initiative increasing sales and use taxes by 0.25 cents
for natural areas, $2,467,318 has been added to the revenue and appropriations.
These funds will be transferred to General City Capital Fund where they will be '
253
' used to acquire available and suitable land for public trails, wildlife habitat
and natural areas.
General City Capital - 114 Cent Natural Areas
Appropriations have been increased by $2,467,318 for the 0.25 Cent Natural Areas
Project. Funds will be used for the acquisition of available and suitable land
for public trails, wildlife habitat and natural areas.
General Fund - $884,300
$125,000 Ongoing funds were added for transfer to the Recreation Fund to
continue supporting the Council approved Recreation Fee Policy.
These additional funds will be used to subsidize low-income, senior,
and therapeutic customers ($72,860) and to subsidize recreation
administration ($52,140).
250,000 One-time funding was added to support action items that will be
identified in 1993 through the Council approved Affordable Housing
Policy.
100,000 One-time funds were added for transfer to the Conservation Trust
Fund to increase funding for Natural Areas from $100,000 to
$200,000.
70,100 One-time funding to be transferred to the Capital Projects Fund to
construct a pedestrian walkway or bikeway along Harmony Road between
Shields Street and Taft H01 Road.
300,000 Ongoing funds were added for transfer to the Transit Services Fund.
These funds will replace projected cuts in federal grant money
currently used for Transfort operations and capital and allow for
the addition of another Transfort bus route.
100,000 Ongoing funds were added to provide for necessary parks renovations
to protect our investment and assure continuous use and enjoyment to
our customers.
39,200 Ongoing funds were added for a 20% increase to the City's contract
with Larimer County for the Human Resource Grant Program.
100,000 One-time funds were added to this ordinance after first reading to
be used as a lease payment reduction for replacement of the public
safety dispatch consoles. This item was postponed by the Council on
October 20 until a decision on the use of the Equipment Replacement
reserve could be made. There is agreement that the Equipment
Replacement reserve is an appropriate funding source for the
dispatch consoles.
'200,000, Funds that were transferred to the Recreation Fund and earmarked for
operation of the Senior Center have been deleted. These funds will
254
not be needed until 1994 therefore, funding will be addressed during '
the 1994 budget process.
Recreation Fund - $111,000
Appropriations have been increased by $111,000 to fully implement
the third year of the Recreation Fee Policy. The additional
appropriations will be used to cover the costs of senior, low
income, and therapeutic programs, and to cover some of the
administrative costs currently being supported by fees in "profit"
programs. Ongoing funds totalling $125,000 will be transferred from
the General Fund to support year three implementation.
Transit Services Fund - $300,000
Appropriations have been increased by $300,000. The Federal
government has reduced its allocation for transit operations and
capital for 1993. The amount of $112,000 will be appropriated to
make up the operational shortfall and prevent service reductions
that would otherwise occur due to the reduced Federal funding. The
remaining $188,000 will be used to establish a new bus route
targeting service to the area around the hospital and other medical
office buildings. Funding will be in the form of an ongoing
transfer from the General Fund.
Coital Projects Fund - $251,600
$70,100 General City Capital project appropriations have been increased by '
$70,100 to construct a pedestrian walkway or bikeway along Harmony
Road between Shields Street and Taft Hill Road. A one-time transfer
from the General Fund will be used to fund the project.
$280,000 General City Capital project appropriations have been increased by
$280,000 for improvements aimed towards improving access and safety
for pedestrians and bicyclists in the North College Corridor west of
College Avenue. Three funding sources have been identified to fund
the improvements: 1) General City Capital Projects - Fund Balance
($61,000), 2) 114 Cent Necessary Capital Projects - Project Savings
($119,000), 3) Reprogrammed FAUS Funds from the Transportation
Services Fund Transportation Division ($100,000).
($98,500) General City capital project appropriations have been decreased by
$98,500, eliminating the 1993 budgeted appropriations for the
National Heritage Area (NHA) capital project.
Conservation Trust Fund - $100,000
An additional $100,000 was transferred from the General Fund to
increase 1993 funding for Natural Area from $100,000 to $200,000."
255
' City Manager Burkett gave a brief presentation and outlined the changes in the
budget and the changes made by voters. He clarified Amendment 1 was defeated in
the City election but passed statewide and stated he did not feel the 1993 budget
would be substantially impacted by the provisions of Amendment 1.
Councilmember Azari made a motion, seconded by Councilmember Edwards, to adopt
Ordinance No. 114, 1992 on Second Reading.
City Manager Burkett spoke of the 5 year budget projections and long range
financial plan that will help identify liabilities and make projections
concerning the major financial issues identified.
Rebecca Hall, 407A Loma Linda Street and Co -Founder of Parents Against DARE,
spoke in opposition of DARE funding.
Gary Peterson, 1805 Crestmore Place, opposed DARE funding and urged Council not
to appropriate funds for the program. He stated that Poudre R-1 is not
contributing any funds to the DARE program.
Police Chief Fred Rainguet stated the majority of the community supports the DARE
program.
Councilmember Horak inquired who discussed funding and commitment issues with
Poudre R-1.
City Manager Burkett reported that he met with Poudre R-1 and clarified that they
support the DARE program as part of the curriculum.
Rainguet stated the School District will be funding the program.at the same level
they have in the past.
Mayor Kirkpatrick supported the proposed budget but she believed the DARE program
was poorly designed.
The vote on Councilmember Azari's motion was as follows: Yeas
Azari, Edwards, Horak, Kirkpatrick and Maxey. Nays: None.
THE MOTION CARRIED.
Ordinance No. 126, 1992,
Adopting the 1993 City of
Fort Collins Total Compensation Plan, Adopted.
The following is staff's memorandum on this item.
"FINANCIAL IMPACT
Councilmembers
As a part of the 1993 Recommended Budget, Total Compensation adjustments are
budgeted to increase 4.7% overall or $2 million in all City Funds. Of this
budgeted increase, $1.5 million is reserved for salary adjustments, $500,000 for
benefit increases. Upon completion of the Total Compensation survey, the total
cost of implementing the Total Compensation pay plan for classified employees is
256
projected to be $1,300,000. This is within the funds budgeted for Personal '
Services increase in 1993. In addition, compensation adjustments for
unclassified management are projected to cost approximately $200,000. Any
budgeted funds which are not used for salary and benefit adjustments will return
to the appropriate fund balances.
EXECUTIVE SUMMARY
In accordance with Council policy and the adopted budget, each year the City
Council adopts the pay plan which sets the salaries of classified City employees.
City Council adopted a Financial Policy regarding salaries and benefits which
takes into consideration the salary paid to employees and the cost of providing
benefits. Several changes were made in the plan development for 1993, including
changes in the way medical insurance and sick leave are incorporated into the
model, and in the make-up of the market survey.
BACKGROUND:
Each year the City sets its compensation rates based on the Council Total
Compensation Financial Policy. The policy sets the top level of City classified
employee salaries and benefits at the 70th percentile of the established labor
market. The pay range and benefit adjustments from one year to the next are
based on a survey of other Colorado municipalities and northern Colorado private
employers.
Total Compensation is defined as the sum of the salary paid and the City's cost
for benefits which are provided to compensate an employee for work performed. '
The objectives of the City's compensation policies are to pay employees fairly,
competitively and in a way that is understandable, with the ultimate goal of
attracting and retaining a high quality, skilled work force. Factors which enter
into the calculation of total compensation include the employers costs for
salary, medical, life, disability and dental insurance, pensions, vacations, sick
leave and holidays, and any other benefits which an employer might provide to its
employees.
After completing the Total compensation surveys, staff projects the City-wide
total compensation increase will average 3.8%. This includes an average salary
increase of 3.4% and a 6% increase in medical insurance premiums. Exhibit A
lists the 1993 salary and total compensation increase for each of the City pay
families.
In the process of developing and adopting the Budget Financial Policies with City
Council, staff committed to make several changes in the way that the Total
Compensation pay plan is developed. These changes were in the areas of medical
insurance, market survey data, and sick leave. Each of these changes has been
incorporated in the 1993 plan. In October, staff provided Council with an update
on the method which had been used to modify the medical insurance component of
the model. (See Exhibit B)
Council also expressed concern about the make-up of the market surveys used to
set Total Compensation. Staff has worked to improve the representation of ,
private sector and northern Colorado companies in the surveys. Of the 18
257
positions which staff surveys each year, 8 are exclusively public sector
' positions, such as protective services, city planning, building inspections, and
water/wastewater operations. These positions continue to be surveyed in the
regional, public sector market in which the City competes for employees.
However, of the remaining 10 surveys, staff has made significant changes in the
composition of the surveys and has developed surveys with an average of 93%
northern Colorado data, and 44% private sector data. Significant improvement has
been made in clerical, administrative and professional positions and changes in
the future will focus on labor trades and engineering families. More detailed
information regarding changes between 1992 and 1993 data is included in Exhibit
C.
The final change which has been made in the surveys is the inclusion of sick
leave in the total compensation calculation. This factor has been included in
all surveys as a calculation of average sick leave usage for each employer.
On November 9, the City Personnel Board reviewed the results of the survey,
discussed the methodology and found it to be sound and appropriate. The findings
of the Personnel Board are attached as Agenda Item Exhibit D.
Also attached is a complete copy of the 1993 Total Compensation Pay Plan (Exhibit
E). It includes salary ranges for each classified position.
Salary increases which may be awarded to the City Manager, City Attorney,
Municipal Judge, unclassified department heads, division heads, or service area
directors are budgeted in the overall increase in Personal Services, and are not
' part of this ordinance. .These increases are projected to average the same as
adjustments for classified employees. Adjustments to these employees' salaries
are based on performance and will not be known until performance evaluations are
complete, later this year."
Employee Development Director Jaime Mares reported on the changes to the 1993
Total Compensation Policy. He reported medical services, sick leave and the
salary survey were changed to include both local and private organizations.
Councilmember Azari made a motion, seconded by Councilmember Edwards to adopt
Ordinance No. 126, 1992 on First Reading.
Mares stated there are several organizations who do not want to participate in
the salary survey.
Councilmember Horak commended staff for their work on the survey data. He stated
he would not support the motion commenting that he does not support the 70th
percentile philosophy.
The vote on Councilmember Azari's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Kirkpatrick and Maxey. Nays: Councilmember Horak.
THE MOTION CARRIED.
258
Ordinance No. 127, 1992,
Amending Section 2-581 of the
Code of the City of Fort Collins
and Fixing the Compensation of the City Attorney, Adopted.
The following is staff's memorandum on this item.
"EXECUTIVE SUMMARY
City Council met in Executive Session to conduct the performance appraisal of
City Attorney, Stephen J. Roy. This Ordinance establishes the 1993 salary for
the City Attorney.
BACKGROUND:
The City Council is committed to compensating employees in a manner which is
fair, competitive, and understandable. Its goal as an employer is to attract and
retain quality employees and to recognize and reward quality performance.
In order to accomplish this goal, the City Council and the City Attorney meet
once a year to discuss last year's performance and set goals for the coming year.
In 1992, the Total Compensation paid to the City Attorney included the following:
SALARY AND BENEFITS
Base salary:
Medical Insurance:
Life Insurance:
Long Term Disability:
Dental Insurance:
Pension: ICMA 401 (a)
ICMA 457
FICA
Non -monetary Benefits
Vacation: (20 per year)
Holidays: (11 per year)
Total Monetary Compensation =
ANNUAL
$73,500
3,768
257
446
120
7,350
2,205
4,507
$92,153"
Councilmember Horak made a motion, seconded by Councilmember Edwards, to adopt
Ordinance No. 127, 1992 on First Reading increasing the City Attorney's salary
5%.
Employee Development Director Jaime Mares clarified the salary was increased by
5% and due to increases in medical insurance the total compensation increase
would be 8.2%.
259
1
Councilmember Horak stated his intent was not to increase the City Attorney's
total compensation to 8.2% and withdrew his previous motion.
Councilmember Edwards made a motion, seconded by Councilmember Azari, to adopt
Ordinance No. 127, 1992 inserting the salary amount of $77,175 and total
compensation in the amount of $97,366.
Mares answered Council questions and after review of the City Attorney's total
compensation noted the increase in total compensation was 5.6% not 8.2%.
Councilmember Horak stated he would support the motion with that increase.
Councilmember Azari commended the City Attorney for his work.
Councilmember Edwards stated he would be supporting the motion and spoke of the
City Attorney and his staff's ability to work well as a team. He noted there is
less litigation resulting in less money spent by taxpayers.
The vote on Councilmember Edwards' motion was as follows: Yeas: Councilmembers
Azari, Edwards, Horak, Kirkpatrick and Maxey. Nays: None.
THE MOTION CARRIED.
Ordinance No. 128, 1992,
Amending Section 2-596 of the
Code of the City of Fort Collins
' and Fixing the Compensation for the City Manager, Adopted.
The following is staff's memorandum on this item.
"EXECUTIVE SUMMARY
City Council met in Executive Session to conduct the performance appraisal of
City Manager, Steven C. Burkett. This Ordinance establishes the 1993 salary for
the City Manager.
BACKGROUND:
The City Council is committed to compensating employees in a manner which is
fair, competitive, and understandable. Its goal as an employer is to attract and
retain quality employees and to recognize and reward quality performance.
In order to accomplish this goal, the City Council and the City Manager meet once
a year to discuss last year's performance and set goals for the coming year.
1 260
In 1992, the Total Compensation paid to the City Manager included the following: I
SALARY AND BENEFITS ANNUAL
Base salary:
$84,00O
Medical Insurance:
3,768
Life Insurance:
290
Long Term Disability:
413
Dental Insurance:
120
Pension: ICMA 401 (a)
4,200
ICMA 457
6,720
FICA
4,655
Non -monetary Benefits
Vacation: (25 per year)
Holidays: (11 per year) ----
Total Monetary Compensation = 5104,167"
Councilmember Azari made a motion, seconded by Councilmember Maxey, to adopt
Ordinance No. 128, 1992 inserting a base salary amount of $88,000 with a total
compensation amount of $109,885.
Councilmember Edwards stated he recently read a report from City auditors, Price
Waterhouse, that stated Fort Collins is an extremely well managed City and he
commended the City Manager for his efforts. '
Councilmember Azari concurred with Councilmember Edwards.
The vote on Councilmember Azari's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Horak, Kirkpatrick and Maxey. Nays: None.
THE MOTION CARRIED.
Resolution 92-176
of the Council of the City Reappointing
Kathleen M. Allin as Municipal Judge and
Establishing a New Two-year Term of Office, Adopted.
The following is staff's memorandum on this item.
"EXECUTIVE SUMMARY
Article VII, Section 1, of the Charter provides that the Municipal Judge is to
be appointed for a term of two years. Judge A71in was first appointed to serve
as the City's Municipal Judge for a term commencing July 1, 1989. She was
reappointed for a second term which began July 1, 1991. Because these terms
began in the middle of a calendar year, the annual review of the Judge's salary
and performance, which is performed by the City Council, has been on a different
schedule than the annual review of the City Manager and the City Attorney. The .
Council would prefer to conduct its review of the performance and salary of all
261
three of its direct employees simultaneously. Staff agrees that this would be
' more efficient. The purpose of the proposed Resolution is to reappoint Judge
A11in to a new term commencing January 1, 1993, so that her future performance
and salary reviews will coincide with those of the City Manager and the City
Attorney."
City Attorney Steve Roy stated this resolution would place the review of the
Municipal Judge on the same schedule as the City Attorney and City Manager.
Councilmember Maxey made a motion, seconded by Councilmember Azari, to adopt
Resolution 92-176.
The vote on Councilmember Maxey's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Horak, Kirkpatrick and Maxey. Nays: None.
THE MOTION CARRIED.
Ordinance No. 129, 1992,
Amending Section 2-606 of the
Code of the City of Fort Collins and
Fixing the Compensation of the Municipal Judge, Adopted.
The following is staff's memorandum on this item.
"EXECUTIVE SUMMARY
' City Council met, in Executive Session to conduct the performance appraisal of
Municipal Judge, Kathleen M. AI7in. This Ordinance establishes the 1993 salary
for the Municipal Judge.
BACKGROUND:
The City Council is committed to compensating employees in a manner which is
fair, competitive, and understandable. Its goal as an employer is to attract and
retain quality employees and to recognize and reward quality performance.
In order to accomplish this goal, the City Council and the Municipal Judge meet
once a year to discuss last year's performance and set goals for the coming year.
262
In 1992, the Total Compensation paid to the Municipal Judge included the
following:
SALARY AND -BENEFITS ANNUAL
Base salary:
$54,600
Medical Insurance:
3,768
Life Insurance:
191
Long Term Disability:
414
Dental Insurance:
120
Pension: ICMA 401 (a)
5,460
ICMA 457
1,638
FICA
4,177
Non -monetary Benefits
Vacation: (20 per year)
Holidays: (11 per year)
Total Monetary Compensation = $70,368"
Councilmember Edwards made a motion, seconded by Councilmember Maxey, to adopt
Ordinance No. 129, 1992 inserting the base salary amount of $57,000 and a total
compensation amount of $74,055.
The vote on Councilmember Edwards' motion was as follows: Yeas: Councilmembers
Azari, Edwards, Horak, Kirkpatrick and Maxey. Nays: None.
THE MOTION CARRIED.
Ad.iournment
The Meeting adjourned at 12:05 a.m.
ATTEST:
ri,ty Clerk
263
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