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HomeMy WebLinkAboutMINUTES-03/02/1993-Regular' March 2, 1993 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 March 2, 1993, 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, Kneeland, Maxey and Winokur. Staff Members Present: Burkett, Krajicek, Roy. Citizen Participation Joe Stern, 1221 Laporte Avenue, spoke of a recent fine levied against Reverend Pete Peters of the Laporte Church of Christ asked for contributions to help defuse the potential for violence. Al Bacilli, 520 Galaxy Court, questioned how the Golf Advisory Board is appointed and spoke of discrimination concerns. Bruce Lockhart, 2500 E. Harmony Road, concurred with Joe Stern regarding Reverend Peters and questioned why newspaper owners and editors are not required to file ' as a Political Action Committee. Rachel Sample, a student at Thompson Valley High School, spoke of a Youth Environmental Summit being held April 15-18. She reported over 250 students from around the United States as well as several different countries would be attending. Aaron Padilla, a student at Thompson Valley High School, requested Council help in supporting the Summit and reported on keynote speakers and workshops to be held. Amy Alsca, a student from Rocky Mountain High School, asked for Council's assistance in providing people, resources, facilities and funding for the Youth Environmental Summit event. Mike Reid, 1604 S. Whitcomb, outlined the Drug Reform Bill and presented the Bill to Council. He requested that although the initiative petition effort was insufficient, that it be placed on the April ballot. Robert Arbury, 1612 W. Mountain Avenue, supported Joe Stern's request for contributions for Reverend Peters in an attempt to avert potential tragedy. 445 '' March 2, 1993 Citizen Participation Follow-up Mayor Kirkpatrick responded to Mr. Bacilli's questions regarding appointments to the Golf Advisory Board. City Manager Steve Burkett clarified the golf pro contract was available for public inspection and further stated the golf pro investigation had been completed and no evidence of wrong doing was discovered. Councilmember Horak supported reviewing the material regarding the Youth Environment Summit to determine what value it may have to the City and how Council could participate. City Manager Steve Burkett stated the materials would be reviewed and staff would return to Council with its recommendations. Agenda Review City Manager Steve Burkett requested that Item #10, Resolution 93-29 Adopting the City's Cultural Policy, be withdrawn from the Consent Calendar. Robert Arbury requested Item #11, Resolution 93-32 Authorizing the Mayor to Enter into an Intergovernmental Agreement with the Internal Revenue Service for Use of I the City of Fort Collins Indoor Police Training Facility, be withdrawn from the Consent Calendar. Consent Calendar This Calendar is intended to allow the City Council to spend its time and energy on the important items on a lengthy agenda. Staff recommends approval of the Consent Calendar. Anyone may request an item on this calendar to be "pulled" off the Consent Calendar and considered separately. Agenda items pulled from the Consent Calendar will be considered separately under Agenda Item #12, Pulled Consent Items. 7. A Improvement Program. The 1993 Concrete Improvement Program is the ninth year of an annual program to encourage property owners to construct, repair, replace, and maintain their concrete curb, gutter, and sidewalks. This program is voluntary on the part of the property owners. To encourage participation by property owners, the City splits the cost of construction with the property owners, hires the contractor, and oversees the construction. In ' 446 ' 10 low 7 March 2, 1993 addition to paying 50 percent of the cost of the improvements, the City also pays the costs of oversizing sidewalks on major streets and the costs of constructing pedestrian access.ramps at intersections. The City also pays for extending sidewalks across irrigation canals, alleys, or other public property. Items Relating to Library Services. A. Resolution 93-31 Authorizing the Mayor to Enter into an Intergovernmental Agreement with Larimer County for the Purpose of Providing Library Services to Residents of Larimer County. Hearing and First Reading of Ordinance No. 23, 1993, Appropriating Unanticipated Revenue of $11,039 for the Library Outreach Program. This resolution authorizes the Mayor to enter into an agreement for the City to continue to provide Larimer County services and library outreach services to s and other isolated persons. In exchange during 1993, the County will pay to the appropriates the outreach funds. General S appropriated with the 1993 budget. residents with general library erve the handicapped, elderly, for providing these services �ity $110,395. The Ordinance �rvice funds were projected and Resolution 93-29 Adopting the City's Cultural Policy. The Cultural Resources Board, at the request of City Council, has been working since October of 1991 to formulate a written document outlining the current policy of the City with respect to cultural development. On October 13, 1992 the Council held a worksession with the Cultural Resources Board. The policy was presented to.Council February 16, 1993 and was postponed to March 2, 1993, with the direction that the policy be revised in the interim. Staff has revised the policy, and on February 19 received input from the Cultural Resources Board at a worksession. On February 22 the Cultural Resources Board, at its regular meeting, unanimously voted to present this policy for City Council consideration. Currently, Police Services makes use of the Indoor Police Training Facility, which includes an indoor shooting range, classroom and physical skills training area. This facility is used by Police Services.to train officers in critical job skills, i.e., firearms training and proficiency; arrest control, defensive tactics and baton training; CPR and First Aid training; crime scene and communication skills training. Management and use of the facility is coordinated through the Fort Collins Police 447 March 2, 1993 Services training unit. Under the intergovernmental agreement with the IRS, the IRS will be permitted to use the facility for law enforcement related training. Mutual police training needs can be enhanced by permitting inter -agency use of the facility. Police Services continues to be approached by other regional law enforcement agencies seeking to use the facility. The agreement with the IRS specifies the number of hours it may use the facility, fees charged, permitted weapons and ammunition, permitted use of the facility, and, to the extent possible, indemnification provisions. Items on First Reading were read by title by City Clerk Wanda Krajicek. El a 17. A. Hearing and First Reading of Ordinance No. 24, 1993 of the Council ' of the City of Fort Collins Which Would Make Certain Amendments to Chapter 22 of the Code Pertaining to Special Improvement Districts. B. Hearing and First Reading of Ordinance No. 25, 1993 Amending Certain Provisions of the City Code Pertaining to Developer Reimbursement Agreements. Councilmember Azari made a motion, seconded by Councilmember Edwards, to approve and adopt all items not removed from the Consent Calendar. The vote on Councilmember Azari's motion was as follows: Yeas: Councilmembers Azari, Edwards, Horak, Kirkpatrick, Kneeland, Maxey and Winokur. Nays: None. THE MOTION CARRIED. March 2, 1993 Resolution 93-29 Adopting the City's Cultural Policy, Adopted as Amended. The following is staff's memorandum on this item. "EXECUTIVE SUMMARY The Cultural Resources Board, at the request of City Council, has been working since October of 1991 to formulate a written document outlining the current policy of the City with respect to cultural development. The Cultural Resources Board presented the policy to Council at its regular meeting Tuesday, August 18, 1992. At that meeting Council had questions regarding the proposed policy and requested that the policy be discussed at a worksession. On October 13, 1992 the Council held a worksession with the Cultural Resources Board. The policy was presented to Council February 16, 1993 and was postponed to March 2, 1993, with the direction that the policy be revised in the interim. Staff has revised the policy, and on February 19 received input from the Cultural Resources Board at a worksession. On February 22 the Cultural Resources Board, at its regular meeting, unanimously voted to present this policy for City Council consideration. Also included for informational purposes, but not as part of the policy, is a proposed work plan which the Cultural Resources Board would like the City Council to review. The proposed work plan should help the Council better understand cultural issues that may arise in the future." Councilmember Kneeland withdrew from discussion on this item due to a perceived conflict of interest. Councilmember Horak made a motion, seconded by Councilmember Edwards, to adopt Resolution 93-29. Councilmember Winokur made a motion to amend the wording in Exhibit "A," under the heading General Policies, the last sentence of the first paragraph changing the phrase "economic growth" to "economic and social health". Councilmembers Horak and Edwards accepted the amendment as a friendly amendment to their original motion. Councilmember Edwards thanked the Cultural Resources Board for its patience and persistence. Councilmember Horak spoke in support of the policy and commended staff and the board for its efforts. 449 March 2, 1993 The vote on Councilmember Horak's motion as amended was as follows: Yeas: ' Councilmembers Azari, Edwards, Horak, Kirkpatrick, Maxey and Winokur. Nays: None. (Councilmember Kneeland Withdrawn) THE MOTION CARRIED. Resolution 93-32 Authorizing the Mayor to Enter into an Intergovernmental Agreement with the Internal Revenue Service for Use of the City of Fort Collins Indoor Police Training Facility. Adopted as Amended. The following is staff's memorandum on this item. "FINANCIAL IMPACT Under the Intergovernmental Agreement, the Internal Revenue Service will pay the City $150 for facility use in 1993. The fee charged is determined by expected use of the facility by the. IRS and will pay the 0&M costs of its use as well as a portion of the 0&M costs incurred by Police Services. Total facility 0&M costs are estimated to be $24,000 for 1993. Facility use by the IRS shall consist of firearms education and training time for three (3) hours for the IRS's three law enforcement employees. Approval of the Agreement will bring $150 into the City's General Fund to fund 0&M costs for the Indoor Police Training Facility. I EXECUTIVE SUMMARY Currently, Police Services makes use of the Indoor Police Training Facility, which includes an indoor shooting range, classroom and physical skills training area. This facility is used by Police Services to train officers in critical job skills, i.e., firearms training and proficiency; arrest control, defensive tactics and baton training; CPR and First Aid training; crime scene and communication skills training. Management and use of the facility is coordinated through the Fort Collins Police Services training unit. Under the intergovernmental agreement with the IRS, the IRS will be permitted to use the facility for law enforcement related training. Mutual police training needs can be enhanced by permitting inter -agency use of the facility. Police Services continues to be approached by other regional law enforcement agencies seeking to use the facility. The agreement with the IRS specifies the number of hours it may use the facility, fees charged, permitted weapons and ammunition, permitted use of the facility, and, to the extent possible, indemnification provisions." Councilmember Maxey made a motion, seconded by Councilmember Azari, to adopt Resolution 93-32. 450 March 2, 1993 Robert Arbury, 1612 W. Mountain Avenue, supported allowing public use of the facility. Division Commander Dave Feldman requested the resolution be amended in the NOW THEREFORE section changing the hours from ""three (3) hours" to "three (3) hours per month". Councilmembers Maxey and Azari accepted that as a friendly amendment to their original motion. Bruce Lockhart, 2500 E. Harmony Road, concurred with Mr. Arbury and urged Council to consider allowing the public to use the range. Feldman clarified the amount charged is the standard fee charged to agencies using the range and the IRS would be using the range concurrent with the police department would not create the need for any additional staff time. He spoke of costs involved in opening the range to the public. Councilmember Maxey stated the staff time involved in preparing the intergovernmental agreements exceeds the amount of revenue that will be collected. He suggested a standard policy be written so that IGA's involving small dollar amounts do not have to be heard by Council each time. ' The vote on Councilmember Maxey's motion as amended was as follows: Yeas: Councilmembers Azari, Edwards, Horak, Kirkpatrick, Kneeland, Maxey and Winokur. Nays: None. THE MOTION CARRIED. Staff Reports City Attorney Steve Roy stated he had declared a conflict and withdrew from discussion of the golf pro investigation. City Manager Steve Burkett reported on the.golf pro investigation conducted by Susan Griffith, and recommended the entire report be released to the public after obtaining waivers from employees who had been named in the report. He spoke of different options available for releasing the report. Councilmember Horak expressed concerns regarding a recent air quality newspaper article. Environmental Planner Brian Woodruff clarified the newspaper initiated the story and the Natural Resources Department had not issue a press release. ' 451 March 2, 1993 Mayor Kirkpatrick stated she appreciated the staff report on Item #8 Hearing and First Reading of Ordinance No. 22, 1993, Appropriating Unanticipated Revenue in the Capital Projects Fund for the 1993 Concrete Improvement Program, indicating the program would be reviewed along with transportation policies specifically relating to pedestrians. Resolution 93-33 Establishing Policy Direction and Approving and Adopting Implementation Guidelines for the Administration of the 1/4 Cent Natural Areas Sales Tax and Directing Staff to Develop and Present to Council a Plan for Future Care and Disposition of the Lands Acquired by Reason of the Tax, Adopted. The following is staff's memorandum on this item. °FINANCIAL IMPACT The resolution establishes policy direction and administrative guidelines for the use of the 114 cent sales tax for natural areas. This sales tax is projected to generate $ 13.6 million over a five year period. I EXECUTIVE SUMMARY During 1993, the City of Fort Collins will begin important new programs due to the adoption of the Natural Areas Policy Plan and passage of the citizen - initiated 114 Cent Natural Areas Sales Tax. General direction for these programs is established by the policies adopted by Council in the Plan, the associated Action Plan, and the citizen -initiated ordinance that created the tax. During the last two months, staff has taken several steps to refine the implementation approach to ensure that these new efforts get off to a good start. These efforts were reviewed with Council in worksession on February 9, 1993. Resolution 93-33 establishes policy direction for the administration of the 114 Cent Natural Areas Sales Tax. The resolution addresses: (1) priorities for allocating tax funds among allowable uses, (2) criteria for evaluating potential acquisition sites, and (3) roles of the Natural Resources Advisory Board and the Parks and Recreation Board. According to Council direction at the worksession, the resolution also directs City staff to develop ordinances for consideration by Council to (1) establish a mechanism for funding long-term maintenance of properties acquired, (2) define 452 1 March 2, 1993 ' a process for formally designating lands to be managed as natural areas, and (3) specify criteria and an appropriate public process for changing the use or disposing of lands acquired with natural area tax revenues. Finally, the resolution approves and adopts Implementation Guidelines which describe the proposed approach for administering the fund. The Implementation Guidelines were reviewed with Council at the February 9 worksession. Based on Council direction, the Guidelines were revised to: (1) identify trails as a distinct line item in the projected budget, and (2) clarify the assumptions used in developing the forecasted budget, (3) include standard administrative charges in the budget projection, and (4) clarify the mechanisms for public involvement in establishing acquisition priorities and developing management plans." Councilmember Horak made a motion, seconded by Councilmember Kneeland, to adopt Resolution 93-33. Natural Resources Director Tom Shoemaker briefly outlined the resolution. He spoke of the manner in which administrative charges were added to the projected budget allocation. Kelly Ohlson, 2040 Bennington Circle, thanked Council for the straightforward and open manner in which City business is conducted. He expressed concerns regarding the addition of the administrative costs. Alan Apt, 1406 Freedom Lane, supported the resolution and stated he was pleased with staff and Council's efforts. Ed Secor, 621 Laporte Avenue, representing Citizen Planners, spoke in support of the resolution and also expressed concerns regarding administrative charges. Councilmember Kneeland supported the resolution stating it enhances the quality of life in Fort Collins. She stated the sound plan was the reason for the its success. Councilmember Horak requested a status report regarding the purchase of natural areas property. Shoemaker spoke of the purchase progress of natural areas properties and stated staff is continuing to identify properties from the priorities list which will be presented to the public and boards and commissions in April and May of 1993 for reaffirmation. The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers Azari, Edwards, Horak, Kirkpatrick, Kneeland, Maxey and Winokur. Nays: None. THE MOTION CARRIED. 453 March 2, 1993 Resolution 93-34 ' Directing Staff to Work with the Poudre R-1 School District to Develop a Comprehensive Work Plan Which Will Encourage and Support the Collaborative Use of Library, Media, and Information Services Throughout the Community and, Directing Staff to Continue to Work with Poudre R-I School District Regarding Joint -Use of the New Fort Collins High School Library, No Action Taken. The following is staff's memorandum on this item. "EXECUTIVE SUMMARY Earlier this year, the City and Poudre R-1 School District entered into an intergovernmental agreement to foster a new era of cooperation between the two entities. The purpose of this Resolution is to take the next step towards meaningful implementation of the intergovernmental agreement. At the February 9, 1993 worksession, Council directed staff to work with Poudre R-1 staff to develop a strategic, long-range plan to maximize library and information facilities and resources of City government and the School District. Section A of this Resolution directs staff to: ' * Outline the concept of the Community Learning and Information Center. * Develop a workplan designed to lead library and media services into the future by maximizing resources and utilizing technology. * Establish a process for community input on the joint -use concept (community task force). * Suggest a time frame, with incremental milestones, for joint -use implementation of the joint -use workplan. The target date for completion of the work plan is September 1993. Section B of the resolution directs staff to continue to work with School District staff to explore ways to maximize the use of joint resources at the new Fort Collins High School. Rather than a "bricks and mortar" approach, Council directed staff at the February 9 worksession to consider collaborative methods of equipping and operating the media center which will be located at the new High School. This might include utilizing technology in new ways to extend services to the citizens through the media center. Council also directed staff to work 454 March 2, 1993 ' with District staff on the design of the public access to the media center. CounciI's perspective is that the center needs to be inviting and convenient in order to encourage joint -use by high school students and the general public. In summary, Council views the shared resources concept in the specific case of the new high school media center as an important catalyst and first step towards effective implementation of the joint -use concept. Council indicated a willingness to consider committing a variety of resources (including financial resources) to assist in supporting this important new initiative." City Manager Steve Burkett explained why the Council may not want to place this item on the floor. He reported on feedback received regarding broadening the scope of the study which some believe is to narrowly focused on joint relationships with the School District and the City. He suggested Council provide staff with suggestions and direction. Councilmember Winokur stated he would like to see Council work with staff to look at adopting a policy addressing the City's role in the community as a provider of information and educational services. Councilmember Azari, on behalf of the liaison committee, clarified the committee recognizes that such a policy needs to be addressed. Councilmember Kneeland stated the resolution should be written in broader terms stating it is important to first determine the community's informational needs and then determine ways to meet those needs. She supported inviting the Library Board to attend the upcoming worksession. Councilmember Azari suggested the item be considered when the newly elected Council is seated in April. Councilmember Maxey concurred with Councilmember Azari. Councilmember Edwards supported allowing the Library Board to be more directly involved in the decision making process as well as the idea creation process. Councilmember Horak suggested Council direction on or before March 16, directing Council to seek informational assistance from the Library Board and review the plan, feedback, and staff information. Mayor Kirkpatrick suggested a broader resolution to be brought back on March 16 citing an interest in working with the School District. Alan Apt, 1406 Freedom Lane, spoke of broadening the resolution to look at different types of technology and noted the importance in networking with Poudre R-1 to provide informational services. 455 March 2, 1993 Bruce Lockhart 2500 E. Harmony , urged ed caution in investing in a community ' 9 wide communications network and spoke of rapidly changing technology. Councilmember Azari spoke of the importance of the resolution. Councilmember Winokur clarified the Cable Television Franchise Agreement is due to expire after a 15 year agreement. Mayor Kirkpatrick supported involving advisory boards in different way in which they have been previously involved. Consensus was to bring the resolution back on March 16. Items Relating to the Amendment of Certain Provisions of the Code Pertaining to Special Improvement Districts, Adopted. The following is staff's memorandum on this item. "EXECUTIVE SUMMARY A. Hearing and First Reading of Ordinance No. 24, 1993 of the Council of the City of Fort Collins Which Would Make Certain Amendments to Chapter 22 of the Code Pertaining to Special Improvement Districts. ' B. Hearing and First Reading of Ordinance No. 25, 1993 Amending Certain Provisions of the City Code Pertaining to Developer Reimbursement Agreements. Adoption of Ordinance No. 24, 1993 should result in a positive financial impact to the City. The revisions are designed to reduce the likelihood that assessments will not be paid and to minimize the need for the City to supplement special assessment bond funds with general tax dollars. Adoption of Ordinance No. 25, 1993 would enable developers making improvements which especially benefit other properties within a special improvement district to recover the full cost of those improvements under other sections of the City Code without including the costs of those improvements in the assessment against their properties. BACKGROUND: SID AMENDMENTS The purpose of Ordinance No. 24, 1993 is to revise several sections of Chapter 22 of the Code regarding special improvement districts ("SIDs") so that the financial risk to the City will be reduced, general tax subsidy to SIDs will be minimized, City control of the special assessment process will be increased, and the intent of the Code provisions will be clarified. These revisions were drafted by the staff SID Property Acquisition and Disposal Task Force and were ' 456 March 2, 1993 ' reviewed by the Council Finance Committee on February 11. The original draft was distributed to several local citizens who have familiarity with the SID process. Comments of the Committee and citizen input were taken into consideration in the final revisions that are presented in this Ordinance. In addition to recommending these proposed Code amendments, the Finance Committee recommended that Council consider increasing the administrative fees that are assessed by the City to cover the cost of creating and overseeing the administration of special improvement districts. A proposal to increase these fees was previously considered by the Council in 1988 during the review of SID policies and procedures which occurred at that time. No Code change would be necessary to implement the Finance Committee's recommendation, since Section 22- 85(a) of the Code already authorizes administrative fees to be included in the total cost of the district. However, Council may wish to adopt a resolution establishing a policy as to the percentage of cost that should be recovered by such fees. Staff recommends that any increase in the level of fees to be charged by the City be considered by the Council in connection with the establishment of any future districts, rather than at the present time, since the projected City- wide benefits of a particular district may affect the level of cost to be recovered through property assessments. Sec. 22-32. City authorized to make and finance improvements. The added language clarifies that the City intends to apply Title 31 of the state statutes except when the Code is intended to supersede those statutes. Sec. 22-37. Reimbursement for district improvements. This section would be repealed. There is no need for reimbursements since the City Council would include within a district boundary all properties that benefit from the improvements. No property can be assessed an amount greater than that which corresponds to the special benefit of the improvements to the property. A developer may still be entitled to street oversizing or other reimbursements under separate provisions of the Code. (See the discussion of Ordinance No. 25, 1993 below). Sec. 22-38. Chances restricted. Language is added to clarify the term "proceedings" as applied to special improvement districts. The section is now divided into "a" and "b". Subsection "a" addresses the modification or rescission of district proceedings by the City Council and the requirements that pertain. Subsection "b" lists the types of changes that are not considered modifications or rescissions. Sec. 22-41. Contents of specifications and contract. Language is added to require performance bonds from all construction contractors working on district improvements. This requirement is imposed on all other types ' 457 n March 2, 1993 of Cityconstruction projects, and it was inconsistent with City policy not to ' P J � require the same regarding special improvement districts. Sec. 22-45. Time limit for commencing actions for relief. The new language clarifies that the application of the 30-day time limit applies to all kinds of claims which might be brought under the authority of Chapter 22 of the Code. A new provision is added which requires that any action alleging that an assessment levied exceeds the benefits to the property must be presented to Council in writing prior to or at the hearing of the assessing ordinance. This should give the City protection from "late" claims, such as those which might arise when property within a district is foreclosed by a lienholder who then inherits the special assessment. (Sec. 22-88 is also amended to require that notice of proposed assessments be sent by certified mail rather than first class mail.) Sec. 22-62. Public hearing: obiections and remonstrances. The new language would result in two substantive changes. First, a majority (rather than two-thirds) vote of the Council would be sufficient to override any objections by property owners in a voluntary district if Council determines that creation of the district is in the public interest. (This brings the Code into conformity with the Charter.) Secondly, criteria would be set forth which would help the Council determine ' whether the public interest would be served by creating the district. Those criteria include, but are not limited to: • the City-wide benefits of the proposed improvements • the financial ability of the petitioning property owners to pay the assessments 0 the petitioners' payment history for other assessments • additional security pledged by petitioners for the payment of assessments • appraised value of the property within the district (City to select the appraiser) • the proposed development plan for the district Finally, the new language in subsection (f) would allow the Council to require a pledge of additional security against default by petitioners in payment of assessments. 458 March 2, 1993 Sec. 22-85. Statement of cost;oreparation of assessment roll. The additional language reinforces that the cost of a project manager who is a regular or contractual City employee is an assessable cost. Sec. 22-88. Advertisement and notice of proposed assessment. Notification to all property owners of the amount of assessments to be levied would be made by certified mail rather than first class mail. Since the Code limits the time in which claims about assessments can be made, it is important that the City make every reasonable effort to see that affected property owners receive notice of the proposed assessment. Sec. 22-89. Assessing ordinance; hearing and preparation. Language would be added to require that all real property is described according to parcel and schedule numbers assigned by the County Assessor. This is an essential requirement. There is no other way to track property ownership other than from•the records of the County assessor. This would eliminate problems encountered in the past where "artificial" parcels were created according to partnership agreements. It is also necessary when providing information to customers such as realtors and title companies. ' Sec. 22-90. Limit on assessments; city to pay certain costs. This section limits the assessment on a property to no more than half of the actual value of the property without the improvements. It also permits property owners to waive this limitation. In some cases, market conditions have declined to the point where a waiver has resulted in an assessment which constitutes such a large percentage of actual property value that owners could not se11 or develop the land. Assessments were not paid and the City had to foreclose the lien thus ending up in the same position as the original owner. This amendment would require Council approval of any such property owner waivers and would limit the waivers to situations where adequate collateral security had been pledged to ensure full payment of the assessments, irrespective of the value ratio. Sec. 22-95. Payment of assessments in installments. Two changes would-be made to this section. First, language would be added to subparagraph (a) to shorten the period of time within which the first installment payment of assessments must be made after the date of passage of the assessing ordinance. Second, rather than merely requiring disclosure of special assessments at the time of the sale of property, the City would now require in subparagraph (b) that assessments be prepaid in full at the time of sale. This is designed to protect the City from non-payment of assessments by subsequent owners who may not have ' the financial resources of the original owner (whose financial condition was a 459 March 2, 1993 Factor in creatingthe district). This mandatory prepayment provision would not ' ) P P apply to lienholders who exercise their rights of foreclosure. Sec 22-97 Receiving of payments• sale of property for default. A new subparagraph (b) would be added to this section to empower the City to utilize a different statutory procedure for foreclosing its assessment liens, namely, the same procedure which is available under state statutes for the foreclosure of mortgages, deeds of trust and other liens. This alternative foreclosure procedure would have two advantages: (1) the City would not have to wait until the November tax sale to foreclose, and (2) there would be a much shorter redemption period after the sale of the property, i.e., seventy-five days (or six months for agricultural property) versus three years for property sold by the County Treasurer under the existing foreclosure process. REIMBURSEMENT AMENDMENTS The purpose of Ordinance No. 25, 1993 would be to amend certain other sections of the City Code pertaining to reimbursement agreements. As noted above, Section 22-37 would be repealed by the adoption of Ordinance No. 25, 1993 so as to avoid the "over assessment" of any district property. It would still be possible, however, for a developer to directly pay that portion of the cost of a district improvement which especially benefitted another property within the district or property outside of a district. Other sections of the City Code entitle ' developers to reimbursement for the cost of constructing improvements which benefit other properties. Such reimbursements are generally collectable at the time the other property develops or obtains direct access to the constructed improvements. At present, those Code sections permit the recovery of construction costs (including an inflation factor) but they do not permit the recovery of costs related to the creation or administration of a special improvement district. The proposed amendments would enable a developer who had incurred these kinds of additional costs to recover those costs from benefitted property owners, together with the actual costs of constructing the improvements. Also, Section 24-95 has been amended to add a new provision ensuring that the City can obtain reimbursement for SID costs and assessments paid by the City because of the limitations contained in the Code based on the value of properties subject to assessment." City Manager Steve Burkett thanked the SID task force for its efforts. Financial Policy Analyst Susanne Edminster stated the recommendations would reduce the risk for the City and future bond holders of SID bonds. City Attorney Steve Roy clarified that the intent is the provision only apply to voluntary sales. Councilmember Winokur made a motion, seconded by Councilmember Edwards, to adopt Ordinance No. 24, 1993 on First Reading. ' 460 March 2, 1993 The vote on Councilmember Winokur's motion was as follows: Yeas: Councilmembers Azari, Edwards, Horak, Kirkpatrick, Kneeland, 'Maxey and Winokur. Nays: None. THE MOTION CARRIED. Councilmember Azari made a motion, seconded by Councilmember Maxey, to adopt Ordinance No. 25, 1993 on First Reading. The vote on Councilmember Azari's motion was as follows: Yeas: Councilmembers Azari, Edwards, Horak, Kirkpatrick, Kneeland, Maxey and Winokur. Nays: None. THE MOTION CARRIED. Other Business City Attorney Steve Roy withdrew from discussion on the golf pro investigation due to a perceived conflict of interest. Councilmember Horak supporting releasing the entire golf pro investigation report after waivers have been signed. He requested an agenda item for the March 16 meeting regarding the issues and suggested that Susan Griffiths be present to allow the public to comment on the findings and allowing Council to ask direct questions of the special counsel. Mayor Kirkpatrick stated she did not support placing an item on the Agenda. Mayor Kirkpatrick requested a two page memo on the positive and negative de - designation of Colorado Highway 14 as a scenic byway. Adjournment The meeting adjourned at 9:40 p.m. ATTEST: 461 or PM Tern