HomeMy WebLinkAboutMINUTES-06/15/1993-RegularJ
June 15, 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
June 15, 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,
Horak, Janett, Kneeland, McCluskey, and Winokur.
Councilmembers Absent
Staff Members Present:
Councilmember Apt.
Burkett, Krajicek, Roy.
Citizen Participation
Rory Edwards, a Fort Collins resident, presented a packet of information to
Council regarding leash law and animal control issues.
Citizen Participation Follow-up
City Manager Steve Burkett stated issues raised by Mr. Edwards would be reviewed
for recommendation to Council.
Mayor Azari stated Mr. Edwards would be informed of Council's direction.
Agenda Review
City Manager Burkett stated there were 3 versions of Item #23, Resolution 93-87
Authorizing the Mayor to Amend an Existing Agreement with the State Board of
Agriculture to Increase the Water and Sewer Service Fees for Colorado State
University and Authorizing the City Manager to Give Notice to Colorado State
University of Termination of the Agreement, in the Agenda Packet.
City Manager Burkett reported that pages 3 and 4 of Item #26, Resolution 93-90
Adopting City Council's 1993-95 Goals and Policy Agenda, had been added. He
stated there was a request to consider a new item, Items Related to the Fiscal
Year 1992-93 Contract with the Colorado Department of Health for Clean Air
Colorado, under the Other Business portion of the meeting.
Councilmember Janett requested that Item #15, Hearing and First Reading of
Ordinance No. 57, 1993, Vacating a Portion of the Right -of -Way for Butch Cassidy
Drive as Dedicated With the Plat of Sundance Hills P.U.D., Filing Two, and
Retaining the Same for a Utility and Drainage Easement, be pulled from the
Consent Calendar.
Sandy Lemberg requested that Item #9, Second Reading of Ordinance No. 51, 1993,
Appropriating Prior Year Reserves and Unanticipated Revenue for Police Seizure
Activity, be pulled from the Consent Calendar.
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June 15, 1993
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 #19, Pulled
Consent Items.
7.
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In August of 1986, the City issued $30,060,000 of Sales and Use Tax
Revenue Bonds. These bonds refunded prior City issues, including the
August 1981, October and December 1982, and November 1984 Sales and Use
Tax Bond issues, the SouthRidge Bond Anticipation notes, and the Block 31
Intergovernmental Agreement. The net effective interest rate on the 1986
Bonds was 7.36%.
After First Reading on March 16, the municipal bond market rates rose to
approximately 5.75% in the 2009 maturity. As the rates on the bonds rose, '
the savings to City declined to less than 2% net present value.
Therefore, staff recommended that completion of the refunding wait until
the higher saving level is achievable and recommends the Second Reading of
the Ordinance be postponed to July 6. Adoption of the Consent Calendar
will postpone consideration of the Second Reading of the Ordinance to July
6.
This Ordinance, which was unanimously adopted on First Reading on April
20, requires the City to set up an escrow account for the payment of the
Refunded bonds into which most of the 1993 Refunding Bond proceeds will be
deposited. The Refunded Bonds will be called prior to their respective
maturity dates according to the redemption terms of the 1986 issue.
In August of 1986, the City issued $3,845,000 of General Obligation Park
Refunding Bonds. These bonds refunded the 1981 issue which was done to
construct improvements at the Rolland Moore Park. The net effective
interest rate on the 1986 bonds was 7.33%. In March of 1993, the rates on
municipal bonds dipped to a twenty year low. The market moved away from
the City after First Reading on April 20, so Second Reading was postponed
several times. On June 7 the market returned and the General Obligation
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11.
June 15, 1993
Refunding Bonds were sold on June 8. Savings to the City are 3.06% of the
par value of the refunded bonds, a net present value of $52,478.
During calendar year 1992, Fort Collins Police Services has continued to
utilize existing state statutes to seize money and property used in
criminal activity. City Council receives annual reports on seizure
activity and expenditures of funds. By statute, monies allocated by the
court to the seizing agency shall not be considered a source of revenue to
meet normal operating needs. These monies are used, instead, to meet
expenses incurred by Police Services in performing duties and meeting
obligations which have not been funded through the routine budget process.
These monies have been deposited in the General Fund and set aside in a
restricted reserve for police expenditure following appropriation. This
appropriation of $90,193 includes $89,962 in prior year reserves and $231
from current year revenue. Awards made by the courts during 1993 will be
appropriated early in 1994. Ordinance No. 51, 1993, was unanimously
adopted on First Reading on June 1.
This is a request to rezone 37.0 acres, known as Timberline Park, from T,
Transition, to R-L-P, Low Density Planned Residential, with a PUD
condition. The site is located approximately one half mile south of
Harmony Road, on the west side of Timberline Road. The intended future
use is for single family residential.
Ordinance No. 52, 1993, which was unanimously adopted on First Reading on
June 1, 1993 is in conformance with the City's Land Use Policies Plan and
with the Harmony Corridor Plan and is compatible with the surrounding
zoning.
Engineering has received federal funds for Rail -Highway Crossing
Protection Devices to upgrade the railroad crossing signals on West
Prospect Road (just west of College Avenue on the Burlington Northern's
mainline). The City will have to pay 10 percent of the project costs plus
up to $2,000 to cover the State's administration costs.
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12.
13.
14.
June 15, 1993 '
Ordinance No. 53, 1993, which was unanimously adopted on First Reading on
June 1, appropriates the federal funds the City will receive into the
Minor Street Capital Fund. The City is required to pay the railroad and
all minor costs associated with the project and then bill the State for
the federal share.
The wording of Ordinance No. 54, 1993 has been changed on Second Reading
to reference the section of the Charter which authorizes appropriations
from unanticipated revenue, and to identify that the ISTEA funds will be
appropriated from unanticipated revenue in the Capital Projects fund. The
Charter requires that capital projects be itemized in the budget by
individual project. The reference to the Capital Projects fund clarifies
the accounting of these funds.
Ordinance No. 54, 1993 which was unanimously adopted on First Reading on
June 1 appropriates ISTEA funds to repair and stabilize the City's
historic Trolley Car Building. This funding is administered by the
Colorado Department of Transportation.
The Cultural Development and Programming Account had carry-over funds in
the amount of $6,872 which were appropriated, but not used during 1992.
These funds are in the General Fund reserves and must be appropriated into
the Cultural Development and Programming Account so they can be used to
promote cultural development and programming activities.
Lodging tax receipts for 1992 were estimated to be $263,974 while the
actual receipts totalled $281,662. The 1992 budget appropriation was
calculated from the estimated figure while the disbursement is based on
actual prior year Lodging tax receipts. Ordinance No. 55, 1993 which was
unanimously adopted on First Reading on June 1 appropriates the additional
1992 Lodging tax receipts in the amount of $17,688 which will be disbursed
in a 25/75 percent split between the Cultural Development and Programming
Account, and the Fort Collins Convention and Visitors Bureau.
The City's current banking contract expires September 30, 1993. Staff
proposes that the contract be extended for three months so that the
contract and the costs associated with it may coincide with the budget
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June 15, 1993
year. This extension would save the City an estimated $15,500 in 1993
because the new contract is expected to be more expensive.
The City Code limits contract terms to five years. The original contract
for banking services began on October 1, 1988 and expires on September 30,
1993. Council needs to amend the original ordinance approving this
contract in order to extend the contract to coincide with the budget year.
Future contracts would then begin on January 1, 1994 and would follow the
budget year. The City's current provider, First Interstate Bank, has
agreed to the three month extension without a change in other provisions
of the contract.
15.
On June 28,
1993, the Planning and Zoning Board is scheduled
to consider
preliminary
and final approval of the Greenbriar Village
P.U.D., 1st
Filing which
replats a portion of the Sundance Hills P.U.D.
Filing Two.
The developer of Greenbriar Village P.U.D., 1st Filing has requested
vacation of
replatted with
a portion of the right-of-way for Butch Cassidy
Greenbriar Village P.U.D., First Filing. Staff
Drive being
and the
Planning and
Zoning Board members are asking the Council to
endorse the
right-of-way
vacation, by adoption of this Ordinance on First Reading,
prior to the
final Planning and Zoning Board hearing on June
28.
16.
Rezoning.
The 1.49 acre property to be rezoned, located north of Horsetooth Road and
east of Timberline Road, is currently owned by the State Board of
Agriculture, but is being traded to Timberline Partners, Ltd., a Colorado
Limited Partnership, by G.B. Ventures, a Colorado General Partnership,
General Partner, William W. Reynolds, Managing Partner, for a 1.71 acre
parcel owned by Timberline Partners, Ltd. The subject property is to be
included within the Dakota Ridge PUD residential development project and
needs to be rezoned from its current T-Transitional zoning to the R-P,
Planned Residential, District in order for the residential development
project to proceed.
APPLICANT: Mr. Chuck Betters
CDL Partnership
2412 Rollingwood Lane
' Fort Collins, CO 80525
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17.
June 15, 1993
OWNERS: The State Board of Agriculture
c/o Colorado State University
Administration Building
Fort Collins, CO 80523
One of the objectives of the Downtown Development Authority is to
construct public improvements within the district. These improvements are
usually done at the request of and in a partnership with private
improvement projects as a way of helping to revitalize the downtown
economic climate. In 1992, the Board authorized DDA financial
participation in a number of minor capital projects that were to be
financed from the Capital Project Fund in conjunction with the 1988 tax
increment bond refunding. However, the Finance Department closed out this
account in late 1992 with the intent that the money be transferred to the
1993 DDA Operating Budget for continued use in minor capital projects
funding. These projects were not included in the Annual Appropriation
Ordinance for 1993.
Council's approval of this ordinance is necessary to ensure that these '
funds are properly appropriated and available for these expenditures.
Staff recommends the appropriations since they are consistent with DDA
objectives and because of the reliance on DDA commitments by the
businesses which made the funding requests.
18. Routine Deeds and Easements.
a. Powerline easement from Levere and Eloida Feltch, 410 Stover, needed
to underground existing overhead electric services. Monetary
consideration: $10.
b. Powerline easement from Ethelyn Kiser and Barbara Herron, 408 Lilac
Lane, needed to underground existing overhead electric services.
Monetary consideration: $10.
C. Powerline easement from Mitch, Mark, and Deborah West, 406 Stover,
needed to underground existing overhead electric services. Monetary
consideration: $10.
d. Powerline easement from Ida Siegel, 114 S. College, needed to
install secondary electric vault and to underground existing
overhead electric services. Monetary consideration: $10.
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June 15, 1993
e. Powerline easement from Gary Sapp and Carole Brookins, 721 E.
Mulberry, needed to install electric cabinet and transformer.
Monetary consideration: $10.
f. Powerline easement from Ronald E. Niswender, 838 E. Myrtle, needed
to install electric pad mount transformer to underground existing
overhead electric services. Monetary consideration: $64.
Items on Second Reading were read by title by City Clerk Wanda Krajicek.
7.
9.1
Second Reading of Ordinance No. 43, 1993, Authorizing the Issuance of City
of Fort Collins General Obligation Refunding Bonds in the Aggregate
Principal Amount of $1,970,000.
Second Reading of Ordinance No. 51, 1993, Appropriating Prior Year
Reserves and Unanticipated Revenue for Police Seizure Activity.
' 10. Second Reading of Ordinance No. 52, 1993. Amending the Zoning District Mao
of the City of Fort Collins by Changing the Zoning Classification for that
Certain Property Known as the Timberline Park Rezoning.
12.
13.
Items on First Reading were read by title by City Clerk Wanda Krajicek.
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15.
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31.
June 15, 1993
Items Relating to Utility Enterprise Ordinances.
A.
Hearing and First Reading of Ordinance No. 60, 1993,
Establishing
the City's Electric Utility as an Enterprise of
the City and
Amending Chapter 26 of the Code.
B.
Hearing and First Reading of Ordinance No. 61, 1993,
Establishing
the City's Water Utility as an Enterprise of the City
and Amending
Chapter 26 of the Code.
C.
Hearing and First Reading of Ordinance No. 62, 1993,
Establishing
the City's Wastewater Utility as an Enterprise of
the City and
Amending Chapter 26 of the Code.
D.
Hearing and First Reading of Ordinance No. 63, 1993,
Establishing
the City's Stormwater Utility as an Enterprise of
the City and
Amending Chapter 26 of the Code.
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Items
Relating to the Ethics Review Board.
A.
Hearing and First Reading of Ordinance No. 64, 1993, Amending
Section 2-569 of the Code Pertaining to Opinions of the Ethics
Review Board.
B. Hearing and First Reading of Ordinance No. 65, 1993, Amending
Section 2-570 of the City Code Pertaining to Council Appointments to
Private Agencies.
Councilmember Kneeland made a motion, seconded by Councilmember McCluskey, to
adopt and approve all items not removed from the Consent Calendar.
The vote on Councilmember Kneeland's motion was as follows: Yeas:
Councilmembers Azari, Horak, Janett, Kneeland, McCluskey and Winokur. Nays:
None.
THE MOTION CARRIED.
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June 15, 1993
Ordinance No. 51, 1993,
Appropriating Prior Year Reserves and Unanticipated Revenue
for Police Seizure Activity. Adopted on Second Reading.
The following is staff's memorandum on this item.
'EXECUTIVE SUMMARY
During calendar year 1992, Fort Collins Police Services has continued to utilize
existing state statutes to seize money and property used in criminal activity.
City Council receives annual reports on seizure activity and expenditures of
funds. By statute, monies allocated by the court to the seizing agency shall not
be considered a source of revenue to meet normal operating needs. These monies
are used, instead, to meet expenses incurred by Police Services in performing
duties and meeting obligations which have not been funded through the routine
budget process.
These monies
have been
deposited in the General Fund and set aside in a
restricted reserve
for
police expenditure following appropriation. This
appropriation
of $90,193
includes $89,962 in prior year reserves and $231 from
current year revenue. Awards
made by the courts during 1993 wi17 be appropriated
early in 1994.
Ordinance
No. 51, 1993, was unanimously adopted on First Reading
on June 1."
Councilmember
Kneeland made a motion, seconded by Councilmember Horak, to adopt
Ordinance No.
51, 1993 on
Second Reading.
Sandy Lemberg, Poudre Canyon Resident, recommended Council adopt an ordinance
ending illegal seizure of property and stated he considered this type of behavior
to be illegal and unconstitutional.
Councilmember Horak clarified distribution of funds are determined by state law.
The vote on Councilmember Kneeland's motion was as follows: Yeas:
Councilmembers Azari, Horak, Janett, Kneeland, McCluskey, and Winokur. Nays:
None.
THE MOTION CARRIED.
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June 15, 1993
Ordinance No. 57, 1993,
Vacating a Portion of the Right -of -May
for Butch Cassidy Drive as Dedicated With the Plat
of Sundance Hills P.U.D., Filing Two, and Retaining
the Same for a Utility and Drainage Easement. Adopted as Amended.
The following is staff's memorandum on this item.
•EXECUTIVE SUMMARY
On June 28, 1993, the Planning and Zoning Board is scheduled to consider
preliminary and final approval of the Greenbriar Village P.U.D., Ist Filing which
replats a portion of the Sundance Hilis P.U.D. Filing Two. The developer of
Greenbriar Village P.U.D., Ist Filing has requested vacation of a portion of the
right-of-way for Butch Cassidy Drive being replatted with Greenbriar Village
P.U.D., First Filing as shown on the attached maps. Staff and the Planning and
Zoning Board members are asking the Council to endorse the right-of-way vacation,
by adoption of this Ordinance on First Reading, prior to the final Planning and
Zoning Board hearing on June 28.
BACKGROUND:
Originally, Butch Cassidy Drive was platted with the Sundance Hills P.U.D. Filing '
Two. To date, only a portion of the Sundance Hills project has been constructed.
The Greenbriar Village P.U.D., Ist Filing replats a portion of the remaining
undeveloped area in Sundance Hills P.U.D. as shown on the attached map. The
City's Transportation Department has approved the developer's request to end
Butch Cassidy Drive in a cul-de-sac rather than connecting it as a through street
-to the east as originally planned with the Sundance Hills project. The portion
of Butch Cassidy Drive proposed for vacation at this time has never been
constructed and it is not necessary to retain the right-of-way for future street
construction. Therefore, ending the existing street in a cul-de-sac makes it
necessary and desirable to vacate the excess right-of-way beyond the cul-de-sac
within the boundary of the Greenbriar Village P.U.D., First Filing. The area
proposed for vacation will be retained as a utility and drainage easement to
accommodate existing and future utilities.
Council approval of this Ordinance on second reading will be recommended only if
the Planning and Zoning Board grants final approval of the Greenbriar Village
P.U.D., Ist Filing.
In addition, the remaining street rights -of -way platted with the Sundance Hills
P.U.D. that are not required for existing or proposed public streets will be
vacated as necessary with future replats.
A71 public and private utilities have been notified of the proposed vacation and
they report no objections."
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June 15, 1993
Councilmember Janett spoke of right-of-way concerns and asked if there would be
pedestrian and bike access through the cul-de-sac.
Councilmember Janett made a motion, seconded by Councilmember Winokur, to amend
Ordinance No. 57, 1993 to include language to read as follows: "pedestrian and
bicycle access easements be included in addition to utility and drainage
easements."
Councilmember Horak suggested staff incorporate this type of access on a
systematic basis for future vacations.
The vote on Councilmember Janett's motion was as follows: Yeas: Councilmembers
Azari, Horak, Janett, Kneeland, McCluskey and Winokur. Nays: None.
THE MOTION CARRIED.
Resolution 93-85
of the Council Authorizing the Mayor to
Enter Into an Intergovernmental Agreement
With the Poudre School District R-1 Pertaining
to the Drug Abuse Resistance Education Program. Adopted.
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The following is staff's memorandum on this item.
"EXECUTIVE SUMMARY
D.A.R.E. (Drug Abuse Resistance Education) is a prevention curriculum developed
by educators and taught by uniformed police officers to combat substance abuse,
and its potential for criminal activity. The program gives special attention to
6th graders in an effort to prepare them for junior high school, where they are
most likely to begin to experience drugs. The D.A.R.E. Program consists of 17
structured, sequential and cumulative classroom presentations with four major
areas of concentration: accurate information about chemicals, decision -making
skills, peer pressure resistance and alternatives to drug use.
Under the direction of former Police Chief Bruce Glasscock, and former
superintendent Lee Hansen, investigation into the D.A.R.E. Program began in the
fall of 1989. Information was accumulated and site visits of other D.A.R.E.
programs took place during this period. In the spring of 1990, approval was
given for a pilot program within the Poudre R-I school district. Presentations
were given to the Parent Advisory Board, School Board and the elementary school
principals. The first two schools to accept the program were Riffenburgh and
Shepardson in the fall of 1990. Demand for the program in the 1992-93 school
year had risen to a total of 19 schools. A grant was received by the Drug and
Alcohol Coordinator to support the D.A.R.E. Program in April of 1992 for $50,000.
In the fall of 1992, the Program initiated passive permission forms. This was
' changed to active permission forms in the second semester of the 1992-1993 school
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June 15, 1993
year. Less than two percent of the parents have withdrawn their children from
the program.
The City Charter states, in Article I1, Section 16, that the Council may, by
ordinance or resolution, enter into cooperative or joint activities with other
governmental bodies. Such intergovernmental cooperation is also authorized by
state statute. During each of the years of the City's participation in Project
D.A.R.E., the Council has, by ordinance, approved the necessary funding. The
proposed agreement would formalize the understanding between the School District
and the City with regard to the joint presentation of this program. Under the
agreement, Police Services will continue to assign trained and qualified police
officers to teach the D.A.R.E. curriculum in the participating Poudre R-1
elementary schools, and the School District would agree to provide classroom time
and coordinate scheduling for the presentation of the curriculum."
Division Commander Bud Reed gave a brief presentation of this item.
City Attorney Steve Roy clarified the agreement could be amended to specifically
address who has the responsibility for approving the curriculum and paying for
the material costs.
Councilmember Winokur made a motion, seconded by Councilmember Kneeland, to adopt
Resolution 93-85 revising Exhibit A to state that the curriculum is nationally I
prepared, and is reviewed and approved by Poudre R-1 and Poudre R-1 will provide
materials needed for the program.
Gary Peterson, 1805 Crestmore Place, spoke in opposition of the DARE program.
Tom Stallman, 3312 Birmingham Drive, spoke of ridicule his children have received
by not participating in the DARE program. He stated he has filed grievances with
both the School District and the Police Department and has not received a
response.
Al Bacilli, 520 Galaxy Court, opposed the Resolution stating the DARE program
should not be taught in public schools.
Bruce Lockhart, 2500 E. Harmony Road, opposed using City funds to pay for the
program. He commented that there is no data confirming the success rate of the
program.
Sandy Lemberg, 6851 Poudre Canyon Highway, supported previous comments and urged
Council to consider those comments.
Councilmember Kneeland requested clarification regarding how the Police
Department responds to negative feedback and how citizens are communicated with
when they chose not to allow their children to participate in the program.
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Commander Reed responded to Council questions and clarified the complaints are
currently in the Internal Affairs process.
Lieutenant Deryle O'Dell reported on the way evaluations are processed.
Councilmember Winokur expressed concerns regarding peer pressure experienced by
students not participating in the program.
Councilmember Kneeland spoke in support of the motion stating parents and
children not participating in the program should not receive negative
repercussions and stated she would be pursuing that issue.
Councilmember McCluskey supported the motion and spoke of the need for annual
evaluations regarding contents and results.
Councilmember Janett supported the concept of conducting the program after school
and spoke of the need for timely response to citizens making formal complaints.
Councilmember Winokur supported the Agreement.
Councilmember Horak stated he would like to see evidence of the program's
success.
' Mayor Azari supported the Agreement as well as further drug and substance abuse
education.
The vote on Councilmember Winokur's motion was as follows: Yeas: Councilmembers
Azari, Horak, Janett, Kneeland, McCluskey and Winokur. Nays: None.
THE MOTION CARRIED.
Resolution 93-87
Authorizing the Mayor to Amend an
Existing Agreement with the State Board
of Agriculture to Increase the Water and
Sewer Service Fees for Colorado State University
and Authorizing the City Manager to Give Notice
The following is staff's memorandum on this item.
'EXECUTIVE SUMMARY
At the June, 1st City Council meeting the Council defeated Resolution 93-82
authorizing the Mayor to amend the existing water and wastewater service
agreement with the State Board of Agriculture to increase the monthly water and
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June 15, 1993
sewer fees for Colorado State University (CSU). The recommended action for this
meeting is to reconsider amending the service agreement with CSU and to consider
notifying CSU of the City's intent to terminate the agreement. Termination of
the agreement requires a one-year notice.
In 1974, the City entered into an agreement with the State Board of Agriculture
concerning the furnishing of water and wastewater service by the City to CSU.
Since that time, the agreement has been amended numerous times to adjust service
fees in accordance with service fee adjustments for other customers. The service
agreement with CSU is unique in that it requires the agreement to be amended each
time a rate adjustment is needed. Rate adjustments for other customers are
normally implemented by passage of an ordinance by City Council.
The proposed amendment will increase CSU's water rate from $1.11 to $1.17 per
1000 gallons and the wastewater rate from $1.24 to $1.31 per 1000 gallons. These
rate adjustments are consistent with the rate adjustments implemented by City
Council for all other City customers effective January 1, 1993. Rate adjustments
for CSU are made effective July Ist of each year to accommodate CSU's budgeting
cycle. The proposed amendment to the agreement has been signed by CSU
representatives.
The service agreement with CSU is unique in a couple of different ways, that is,
CSU receives special consideration because its rate adjustments are negotiated
and CSU is not subject to the development requirement of providing the City raw ,
water for new facilities or expansion of its existing system. (Note: The
contract says the rates are negotiated. In practice, CSU has accepted the City-
wide rate increases in past years.)
For these reasons it has been suggested that the existing service agreement be
terminated. As mentioned previously, termination of the agreement requires
notice one year prior June 30, 1994. If the Council decides to terminate the
agreement, the most probable outcome will be either: (1) that CSU and the City
will decide to negotiate a new agreement, or (2) that the City will consider CSU
as a "normal" customer and CSU will have to comply with the standard requirements
imposed on all customers in the same usage category. In any event, the City will
have one year to decide which option to pursue and implement that option.
The Resolution includes two action items:
a. Approval of an amendment to the existing agreement in order to raise
CSU water and wastewater rates consistent with service fee increases
for other customers.
b. Authorize the City Manager to give CSU notice that the City wishes
to terminate the agreement effective June 30, 1994.
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June 15, 1993
The issue of possible termination of the agreement has not received extensive
discussion as it was just raised two weeks ago. CSU has had limited time to
respond to the possibility of the agreement being terminated.
The Council could consider three options:
a. Not approve Resolution 93-87;
b. Approve Resolution 93-87; or
C. Approve Resolution 93-87, but delete the action item which
terminates the agreement, and direct staff to bring forward a
separate Resolution at an adjourned meeting on June 29, 1993 to
consider such action."
Utilities Director Rich Shannon briefly outlined the origination of the agreement
and explained the options available.
Councilmember McCluskey questioned the flexibility regarding raising or lower
rates if the agreement was terminated.
Shannon stated if the addendum is not approved and the present addendum expires,
the rates may possibly revert back to the rates under the original agreement.
Councilmember Horak made a motion, seconded by Councilmember Janett, to adopt
Resolution 93-87 Version 1.
City Attorney Steve Roy clarified that Notice of Termination could be no later
than June 30.
Water/Wastewater Utility Director Mike Smith gave a brief explanation of various
rate classes.
City Attorney Steve Roy stated the parties could enter into an agreement at any
time and the new agreement would supersede the existing agreement.
Councilmember Horak spoke of his disappointment with CSU and its lack of
representation concerning this issue.
Councilmember McCluskey opposed the motion.
Councilmember Kneeland opposed the motion and questioned CSU's need for a special
agreement.
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June 15, 1993
Mayor Azari opposed the motion stating she supported the opportunity to
negotiate.
The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers
Horak, Janett and Winokur. Nays: Councilmembers Azari, Kneeland and McCluskey.
THE MOTION FAILED.
Councilmember Kneeland made a motion, seconded by Councilmember McCluskey, to
adopt Resolution 93-87 Version 3.
Councilmember McCluskey spoke in support of the motion.
Councilmember Horak believed Version 3 was an open ended negotiation stating
Version 1 would provide an opportunity to begin negotiations.
Councilmember Winokur opposed the motion stating he considered it to be a feel
good approach.
The vote on Councilmember Kneeland's motion was as follows: Yeas:
Councilmembers Azari, Kneeland, McCluskey. Nays: Councilmembers Horak, Janett
and Winokur.
THE MOTION FAILED. '
Councilmember Kneeland made a motion, seconded by Councilmember Winokur, to
reconsider Resolution 93-87 Version 1.
The vote on Councilmember Kneeland's motion to reconsider was as follows: Yeas:
Councilmembers Azari, Horak, Janett, Kneeland, McCluskey and Winokur. Nays:
None.
THE MOTION CARRIED.
The vote on Councilmember Horak's previous motion to adopt Resolution 93-87
Version 1 was as follows: Yeas: Councilmembers Azari, Horak, Janett, Kneeland
and Winokur. Nays: Councilmember McCluskey.
THE MOTION CARRIED.
LI-1
June 15, 1993
Resolution 93-88
Changing the Name of the
°Cathy Fromme Natural Area'
to the °Cathy Fromme Prairie", Adopted.
The following is staff's memorandum on this item.
"EXECUTIVE SUMMARY
Resolution 93-88 would change the name of the newly -acquired "Cathy Fromme
Natural Area" to the "Cathy Fromme Prairie."
On April 20, 1993 City Council authorized the acquisition of 579 acres of land
in southwest Fort Collins as a public natural area (Resolution 93-54) and named
the area the "Cathy Fromme Natural Area" (Resolution 93-55).
In discussion of Resolution 93-55, Councilmember Kneeland suggested naming the
area the "Cathy Fromme Prairie Natural Area" to highlight the unique ecosystem
of the site. Council asked that the Natural Resources Advisory Board (NRAB)
review this recommendation.
At its May 5, 1993 meeting, the NRAB reconsidered the issue. The Board agreed
' with the idea of identifying the type of ecosystem present in the names of
natural areas, but felt that the name, "Cathy Fromme Prairie Natural Area," was
too long. The Board unanimously voted to recommend to Council that the site be
renamed, the "Cathy Fromme Prairie." The Board further recommended that signs
for natural areas also include a distinctive logo and the phrase, "City of Fort
Collins Natural Area" to establish continuity among natural areas.
Staff concurs with the Board's recommendation. The approach achieves multiple
objectives: honoring former Councilmember Fromme; highlighting the unique
ecosystem found at this site; and providing continuity within the natural areas
program.
The Fromme family has been contacted and is comfortable with either name."
Councilmember Winokur made a motion, seconded by Councilmember Horak, to adopt
Resolution 93-88.
Natural Resources Director Tom Shoemaker gave a brief presentation on this item
and clarified a dedication ceremony is tentatively planned for August.
The vote on Councilmember Winokur's motion was as follows: Yeas: Councilmembers
Azari, Horak, Janett, Kneeland, McCluskey and Winokur. Nays: None.
THE MOTION CARRIED.
EM
June 15, 1993 '
Resolution 93-89
Appointing a Representative to the
Larimer County Environmental Advisory Board, Adopted.
The following is staff's memorandum on this item.
"EXECUTIVE SUMMARY
The Larimer County Commissioners recently created an Environmental Advisory Board
to serve as a sounding board for overall environmental police and issues for the
Commissioners and County Departments. The Board wiII review issues raised by the
Commissioners, individual County departments, the County Environmental Management
Team, and the Environmental Advisory Board itself. The Board will address gaps
in County environmental policy not now addressed.
The Environmental Advisory Board will be composed of nine members. The Cities
of Fort Collins and Loveland will each appoint one regular member and one
alternate member. The remaining seven members will be appointed by the
Commissioners and shall reflect diverse geographical, demographical,. and
technical and non -technical backgrounds.
In a letter to City Manager Burkett, the Commissioners requested that the City
appoint a representative and alternate representative and suggested that a member I
of the City's Natural Resources Advisory Board be appointed in order to provide
a formal link between the City and County on environmental issues.
At its June 2, 1993, the Natural Resources Advisory Board discussed the
possibility of one of its members serving on the Environmental Advisory Board,
and several members expressed interest in being appointed as the City's
representative. The consensus of the Board was to recommend Counci 1 appoirrt Wi it
Smith as the City's representative and Bill Miller as the alternate.
The names of the representatives appointed by the Council will be forwarded to
the Larimer County Commissioners."
Councilmember Horak made a motion, seconded by Councilmember McCluskey, to adopt
Resolution 93-89 inserting the names of Will Smith and Bill Miller.
The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers
Azari, Horak, Janett, Kneeland, McCluskey and Winokur. Nays: None.
THE MOTION CARRIED.
1-YA
n
June 15, 1993
Resolution 93-90
Adopting City Council's 1993-95
Goals and Policy Agenda, Adopted.
The following is staff's memorandum on this item.
°FINANCIAL IMPACT
City Council's goals and policy agenda will provide a framework for the work
plans of City staff and budget appropriations considered by Council.
W01014 d LTi AM" i:i Rit
Resolution 93-90 establishes 12 City Council goals that will serve as the basis
for future legislative and administrative actions.
Exhibit "A" outlines a policy agenda and schedule which will provide a guideline
for the Council, staff, and citizens for tracking the goals and evaluating the
accomplishments of the organization. Service Area Directors and City staff
developed the schedule for the policy agenda.
The policy agenda drives each Service Area work program and the budget. Staff
is currently assessing the impact the policy agenda will have on the staff work
load of Community Planning and Environmental Services and on their ability to
meet this schedule with current resources. Staff expects that additional
resources will be required to achieve Council's goals for transportation and land
use.
This list of City Council goals and the policy agenda schedule represent the
integration of two months of various Council work session discussions on the
subject.
BACKGROUND:
POLICY PROCESS
April 13 work session:
April 24125 retreat:
May 11 work session:
T
Council members begin
brainstorming their goals.
Council members begin
clarifying and developing their
goals.
Council members continue to
discuss their goals.
May 25 work session:
June 15 meeting:
Next steps:
• Staff work begins.
June 15, 1993
Council reviews the draft goals
and policy agenda. Staff
assisted by developing
objectives for each goal.
Council adopts 1993-95 Goals
and Policy Agenda.
• Community outreach and citizen participation begins.
• Budget analysis begins.
• Information, analysis, and recommendations are sent to
Council. Council feedback and direction is obtained.
Necessary work sessions are held.
• Council takes action by ordinance or resolution.
• Implementation.
• Monitor and Evaluate.
Additional comments and feedback from Council were also received after the May
25 work session. Staff believes some of these comments describe new items that
Council should discuss prior to adding them to the Policy Agenda. These are
listed below for Council's information. Staff would appreciate further direction
on these items.
1. Slow down development so that quality planning and better citizen
involvement can occur.
1
2. Consider (with the county) delaying development outside of the UGA
until plans are revised.
3. Implement policies to prevent urban sprawl outside of the UGA and
within the UGA fringe.
4. Work with the county to delay development in the area between the
cities until a corridor plan is in place.
5. Consider an ordinance requiring the securing of guns; with a
criminal penalty when non -secure weapons are confiscated from
minors.
89 1
June 15, 1993
' 6. Coordinate efforts with CSU and Poudre R-1 to develop student
internship programs with the City and local businesses."
Deputy City Manager Diane Jones gave a brief explanation of the 12 Council goals.
After a lengthy discussion the following are changes to the goals and objectives:
1. The Resolution was revised by converting the goal numbers to letters and
moving the last goal to the top of the list and naming it Goal A.
2. The Policy Agenda was revised by adding or changing the following:
a. Under Goal A, objective 4. was changed by adding the words "and
transportation infrastructure." Objective number 7 was added. No
timeline has been developed.
b. Under Goal B, objective 7.b. was changed by adding the words "reduce
debt."
C. Under Goal C, objective 1.c. was added. No timeline has been
developed.
d. Under Goal D, objective 6. was changed by adding examples.
e. Under Goal E, objective l.a. was changed by adding the words "and
pollution generated by traffic associated with development."
Objective 3. was changed by adding the words "or other City Codes."
Objective 11. was changed by adding the words "including
billboards."
f. Under Goal F, objective 2.b. was changed by adding the words
"Consider code changes relating to tickets for multijurisdictional
infractions."
g. Under Goal I, objective 8.b. was added. No timeline has been
developed.
Councilmember Horak made a motion, seconded by Councilmember Winokur, to adopt
Resolution 93-90 as amended with the incorporated changes.
Lou Stitzel, a Fort Collins citizen, complimented staff and Council for their
efforts regarding the Goals and Policy Agenda.
Councilmember Janett commended staff for its efforts.
The vote on Councilmember Horak's motion to adopt Resolution 93-90 as amended was
as follows: Yeas: Councilmembers Azari, Horak, Janett, Kneeland, McCluskey and
Winokur. Nays: None.
' THE MOTION CARRIED.
.E
June 15, 1993 '
Resolution 93-91
Adopting the Financial and Management
Policies Relating to the 1994 Annual Budget
and Adopting a Revenue Allocation Formula to
Define the City's Contribution to the Poudre
Fire Authority for the Year 1994, Postponed to July 6.
The following is staff's memorandum on this item.
°EXECUTIVE SUMMARY
Financial and Management Policies are used to establish guidelines for the Annual
Budget and long-range financial plans. The policies reflect Council direction and
commitment to sound financial planning and management.
BACKGROUND:
I. Financial and Management Policies.
The Financial and Management Policies form the basis for the City of Fort
Collins' Annual Budget. The Council Finance Committee and staff have reviewed the
proposed changes to the policies. Only material changes or additions to the
Financial and Management Policies have been listed below. The complete Financial I
and Management Policies, with additions, changes and deletions, are shown in
Exhibit A to the Resolution.
ection 1.2 Revenue and Expenditure Limitation has been added. This section
Ives a general overview of the revenue and expenditure limitations imposed by
rticle X, Section 20 of the State Constitution.
Section 3.4 Human Resource Management and Productivity Policy has been reviewed
by City Council for modification. As Council discussed at its June 8 work
session, staff has presented three alternatives for modifying the methodology
portion of the policy. These alternatives are presented on Pages 14 and 15 of
Exhibit A, and background is attached as Attachment I of the agenda item summary.
In addition to the alternatives regarding methodology, Council gave direction at
the work session to include language in the policy which would include all City
employees under the policy. The current policy addresses hourly, seasonal and
temporary employees. The proposed options all include language to include
unclassified management employees in the policy.
At the June 15 meeting, staff asks that Council select one of the options for
inclusion in the adopted policy.
The change recognizes the limits imposed
a contribution formula that is equitable
91
Ilocation Formula has been amended.
rticle X, Section 20 and arrives at
Poudre Fire Authority and the City. '
I
June 15, 1993
Section 4.2(a) Light & Power Utility has been amended to add a Vision Statement.
Section 5.2 Restricted Reserve for Emergencies has been added to achieve
compliance with Article X, Section 20 of the State Constitution. In 1993, one
percent must be reserved, two percent in 1994, and for all later years, three
percent of fiscal year spending, excluding bonded debt service, must be reserved.
All City funds, excluding the Utilities, will contribute the required percentage
into the General Fund which will be held in the Restricted Reserve for
Emergencies. The General Fund required percentage will be funded from the
existing Designated Reserve for Financial Uncertainty. The Emergency Reserve can
be used only for declared emergencies.
Section 5.2 Designated for Financial Uncertainty has been amended to read that
the amount of money to be held in this reserve plus the General Fund portion held
in the Restricted Reserve for Emergencies should be approximately 5% of approved
General Fund operating expenditures.
Section 5.2 Designated for Equipment Replacement has been changed to Designated
for Equipment Replacement Loans. This reserve is established in place of the
equipment replacement reserve. The reserve will provide a revolving loan pool for
the timely replacement of operating equipment using existing resources. Operating
managers could borrow from this loan pool to bridge the period of time when the
' equipment is needed and the next available lease/purchase package, typically
presented to Council twice a year. Any loan plus interest would be paid back into
the pool. The loan pool reserve will be self -funding.
II. Revenue Allocation Formula.
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.
Section 2 of this Resolution 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
67.09% of the operating property tax levy. It is anticipated that the resulting
contribution to Poudre Fire Authority will adequately meet the proposed 1994
expenditures as detailed in its Master Plan."
VYA
June 15, 1993 '
Ginny Riley, Chair of the Personnel Board, reported the Board recommended
maintaining the 70th percentile concept. She spoke of the quality of service
City employees provide and noted that the City was not experiencing revenue
shortfalls which would require changing the total compensation methodology.
Susan Strating, Personnel Boardmember, reiterated the Board's support for the
current compensation policy.
Councilmember Winokur asked if the Board had statistics regarding the effect the
change in percentile would have on women and minorities and if the turnover rate,
high or low, would have an impact on the progression of women and minorities.
Ms. Riley responded to Councilmember Winokur's comments and stated the Board has
expressed interest in exploring that issue.
Ms. Strating spoke of the criteria used for making the recommendation and
emphasized predictability and consistency regarding a established policy is
essential.
Director of Administrative Services Pete Dallow responded to Council questions.
City Manager Steve Burkett spoke of the City's financial and compensation
policies and spoke of his reasons for supporting the current 70th percentile
policy.
'
Councilmember Winokur stated the Finance Committee did not have adequate time to
review all of the policies and stated the information requires further review
before Council adopts the policies.
Mayor Azari stated the employment policy previously discussed in a worksession
encompasses both classified and unclassified employees.
Councilmember McCluskey spoke of adopting the Human Resource Management policy
stating the Finance Committee could revisit the remaining policies at the next
Council meeting.
Councilmember Horak made a motion, seconded by Councilmember Winokur, to adopt
the Human Resources Management and Productivity portion of the policy and to
postpone consideration of Resolution 93-91 until the Finance Committee makes a
recommendation to Council to be brought back on July 6.
Councilmember Horak spoke of the need to adopt the total compensation policy
stating it was a major factor in determining the budget.
The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers
Azari, Horak, Janett, Kneeland, McCluskey and Winokur. Nays: None.
93 1
June 15, 1993
Councilmember McCluskey made a motion, seconded by Councilmember Kneeland, to
adopt Option 2 in Section 3.4 titled Human Resources Management and Productivity
Policy as the total compensation methodology. This option would target the
compensation rate for all City employees, except hourly, seasonal and temporary
employees, at the 70th percentile of the relevant labor market using market data
from the current year to set the next year's compensation adjustments.
Mayor Azari clarified Council was setting the compensation policy only noting the
total package will be discussed after review by the finance Committee.
Susanne Edminster, 1342 Stonehenge Drive, spoke of the impact Options 2 and 3
would have on different pay families and stated Council has a responsibility to
educate citizens of the meaning of 70th percentile. She questioned the need for
Council to reduce employees compensation since the City is not experiencing
revenue shortfalls and urged Council to adopt Option 1.
Employee Development Director Jaime Mares answered Council questions and outlined
the options. He clarified that Options 2 and 3 would not keep up with inflation
and stated that the options did not include merit pay or step increases.
Councilmember McCluskey stated Option 2 would provide accurate amounts for
budgeting purposes.
I
Councilmember Kneeland supported paying employees at the 70th percentile and
stated Option 2 was fiscally responsible way to set salaries.
Councilmember Winokur supported Option 2.
Councilmember Horak stated he supported the motion because he would like to see
total compensation savings be used for other City projects.
Mayor Azari supported the motion stating it provides a better management tool to
determine payroll and benefits.
The vote on Councilmember McCluskey's motion to adopt the Human Resources
Management and Productivity Policy Option 2 was as follows: Yeas:
Councilmembers Azari, Horak, Janett, Kneeland, McCluskey and Winokur. Nays:
None.
il:i�rPl![�l,`I�I:L'1:?Mi�I�1e
Councilmember Winokur made a motion, seconded by Councilmember Janett, to change
the order the Agenda to consider an Other Business item at this time.
The vote on Councilmember Winokur's motion was as follows: Yeas: Councilmembers
Azari, Horak, Janett, Kneeland, McCluskey and Winokur. Nays: None.
I
THE MOTION CARRIED.
94
June 15, 1993 ,
Items Related to the Fiscal Year 1992-93
Contract with the Colorado Department of
Health for Clean Air Colorado, Adopted.
The following is staff's memorandum on this item.
'EXECUTIVE SUMMARY
These actions will allow the City to accept $30,000 from the Colorado Department
of Health (CDH). The funds will be used to pay 50 percent of the costs of the
purchase, installation, and operation of visibility monitoring equipment. These
funds will offset $30,000 appropriated in the General Fund for these purposes;
City funds will be used for other air quality projects.
Resolution 93-93 Authorizing the Mayor to Execute an Intergovernmental
Agreement Between the City and the State of Colorado for the Purchase,
Installation, and Operation of an Atmospheric Visibility Monitor.
Ordinance No. 66, 1993, Appropriating Unanticipated Revenue in the General
Fund for the Clean Air Colorado Program.
Resolution 93-33 authorizes the Mayor to sign an intergovernmental agreement with I
the State of Colorado for the purchase, installation, and operation of an
atmospheric visibility monitor.
Ordinance No. 66, 1993 appropriates $30,000 of unanticipated revenue in the
General Fund for the Clean Air Colorado program.
BACKGROUND:
The Clean Air Colorado Program is administered by the Colorado Department of
Health for public information and education programs that improve air quality.
CDH works jointly with the City of Fort Collins and other communities to define
air quality improvement programs for funding under Clean Air Colorado. The City
receives $30,000 annually from the state for these purposes; the Natural
Resources Division uses these funds for a variety of public outreach and data
collection efforts to improve local air quality.
The Resolution and Ordinance concern the CAC contract for the State fiscal year
1992-93 which ends June 30, 1993. The agreement differs markedly from previous
years and is a one-time arrangement to accommodate difficulties in the State's
contracting process.
There are two major differences from previous years in the contracting
arrangement. First, is the content. With this agreement, the State will pay
$30,000 toward the visibility monitoring equipment that the City has ordered and
will install this summer. These state funds will be used for the visibility '
95
June 15, 1993
monitor in place of previously budgeted City funds. These City funds will be
used instead during 1993 for air quality improvement projects that were
originally planned for funding through CAC. Second, the term of the contract is
for the remainder of the State's fiscal year ending June 30, 1993.
The State contracting process for CAC has historically been marred by delays and
changing requirements. For the 1992-93 fiscal year, the City submitted a scope -
of -work in June of 1992. When we still did not have a contract in February of
1993, staff informed the State that the City could no longer perform the proposed
scope -of -work within the fiscal year. We requested that the State develop a
multi -year contract that would allow the City to complete the work over a longer
period of time. When the State said it was unable to do that, but wanted to be
sure the City received the 1992-93 funds, staff requested that the State fund a
portion of the visibility monitoring equipment and they agreed. Although
agreement was reached in March on the contract approach, staff received the
contract on June 11.
Also in March, staff requested that the State change its process to allow
predictable and timely contracting arrangements. Staff began work on the 1993-94
contract immediately and CDH has since changed its internal procedures. As a
result, staff is optimistic that the final contract for next year's program will
be completed and submitted it for Council consideration within the next 30 days."
' Natural Resources Director Tom Shoemaker gave a brief description on this item.
Councilmember Horak made a motion, seconded by Councilmember Winokur, to adopt
Resolution 93-93.
1
The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers
Azari, Horak, Janett, Kneeland, McCluskey and Winokur. Nays: None.
THE MOTION CARRIED.
Councilmember Horak made a motion, seconded by Councilmember Winokur, to adopt
Ordinance No. 66, 1993.
City Clerk Wanda Krajicek read Ordinance No. 66, 1993 into the record.
The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers
Azari, Horak, Janett, Kneeland, McCluskey and Winokur. Nays: None.
THE MOTION CARRIED.
m
June 15, 1993 '
Items Relating to Utility
Enterprise Ordinances. Postponed to July 6.
The following is staff's memorandum on this item.
"EXECUTIVE SUMMARY
A. Hearing and First Reading of Ordinance No. 60, 1993, Establishing the
City's Electric Utility as an Enterprise of the City and Amending Chapter
26 of the Code.
B. Hearing and First Reading of Ordinance No. 61, 1993, Establishing the
City's Water Utility as an Enterprise of the City and Amending Chapter 26
of the Code.
C. Hearing and First Reading of Ordinance No. 62, 1993, Establishing the
City's Wastewater Utility as an Enterprise of the City and Amending
Chapter 26 of the Code.
D. Hearing and First Reading of Ordinance No. 63, 1993, Establishing the
City's Stormwater Utility as an Enterprise of the City and Amending
Chapter 26 of the Code.
The City Charter was recently amended to enable the Council by ordinance to '
establish each of the City's existing utilities as enterprises within the meaning
of Amendment 1. By the adoption of these ordinances, Council would implement the
authority granted by the voters.
BACKGROUND•
On April 6, 1993, a majority of the registered electors of the City approved an
amendment to Article V, Part II, Section 19.3, of the City Charter, pertaining
to the issuance of revenue securities. The purpose of this amendment was to
ensure that the City's existing utilities could qualify as "enterprises" within
the meaning of Article X, Section 20, of the Colorado Constitution ("Amendment
1"). The significance of qualifying as an Amendment 1 enterprise is that such
enterprises are exempt from the election requirements and the spending
limitations of Amendment 1.
Under Amendment 1, an enterprise is defined as "a government -owned business
authorized to issue its own revenue bonds and receiving under ten percent of
annual revenue in grants from all Colorado state and local governments combined."
Clearly, the City utilities receive less than ten percent of their annual
revenues in grants from state or local governments. Prior to the City Charter
amendment, however, only the City itself was authorized to issue revenue bonds.
Thus, the Charter amendment was intended to ensure that the City's utilities
could qualify as Amendment 1 enterprises by authorizing the utilities to issue
its own revenue bonds. '
97
June 15, 1993
It is important to note that the new Charter language merely enables Council to
establish the City's utilities as enterprises. To implement this authority,
Council would need to adopt an ordinance for each utility it wished to establish
as an enterprise. Pursuant to direction received from Council at its May 25 work
session, ordinances have been prepared for each of the City's existing utilities:
electric, water, wastewater and stormwater.
The only effect of the ordinances would be to establish the utilities as
enterprises and to empower the enterprises to issue their own revenue bonds. In
all other respects, the operations of the utilities would remain the same and the
powers of the City Council, City Manager and Utilities Services Director and
other officials and employees of the City would remain the same. Except for
having to convene as an enterprise board in order to issue revenue bonds for the
enterprise, the Council's relationship to each utility would remain unchanged by
the passage of these ordinances, as would the operation of the utility itself.
From a financial standpoint, staff recommends that the electric, water,
wastewater and stormwater utilities be established as enterprises. The rationale
for this recommendation is the same as was presented to Council in support of
Charter Amendment 1. In the materials supporting that amendment (which are
attached), staff concluded that the City's utilities should be excluded from
Amendment No. 1 for the following reasons:
1. Enterprises were intended (by the author of Amendment 1) to be
excluded.
2. The City has historically operated its utilities as self-
supporting enterprises under its Council -adopted Financial and
Management Policies.
3. Retaining the utilities in the City's Amendment No. 1
calculations could pose a financial risk to tax -supported City
services. (The risk stems from the volatility in the
utilities' revenue growth that may be caused by a number of
factors outside the control of the City, including weather
fluctuations, local construction cycles and customer driven
demand for additional services.)
4. The financial health of the utilities would likely be harmed
if its revenues and expenditures were governed by Amendment 1
limitations, because demand for services is not correlated
with the two basic components of the growth limit.
In summary, staff believes that operating the utilities as enterprises will be
consistent with both Amendment I and the governmental accounting principles that
the City has followed for many years and the customers of all City services will
be better served."
98
June 15, 1993
Councilmember Winokur made a motion, seconded by Councilmember Horak, to postpone
consideration of this item until the next continued, special or regular meeting
of the Council.
The vote on Councilmember Winokur's motion was as follows: Yeas: Councilmembers
Azari, Horak, Janett, Kneeland, McCluskey and Winokur. Nays: None.
THE MOTION CARRIED.
Items Relating to the
Ethics Review Board. Postponed to July 6.
The following is staff's memorandum on this item.
"EXECUTIVE SUMMARY
A. Hearing and First Reading of Ordinance No. 64, 1993, Amending Section 2-
569 of the Code Pertaining to Opinions of the Ethics Review Board.
B. Hearing and First Reading of Ordinance No. 65, 1993, Amending Section 2-
570 of the City Code Pertaining to Council Appointments to Private
Agencies.
Ordinance No. 64, 1993 would amend Section 2-569 of the Code, dealing with '
conflicts of interest, in two respects. First, language would be added to
provide that advisory opinions and recommendations of the Ethics Review Board
would be subject to review by the City Council. Secondly, opinions adopted by
the City Council would serve as an affirmative defense to any civil or criminal
action or any other sanction against a Councilmember or board or commission
acting in reliance on the opinion.
Ordinance No. 65, 1993 would amend Section 2-570 of the City Code so as to
clarify that the City Council may appoint any number of its members to serve in
any capacity with either governmental or private agencies. Such service would
be considered service in an official capacity of the City Councilmember and would
generally not be considered as creating a conflict of interest for Councilmembers
in participating in any decision related to such agencies.
BACKGROUND•
Recently, an Alternate Ethics Review Board met to review a citizen complaint
filed against several Councilmembers. The complaint dealt with the
Councilmembers' involvement in Challenge Fort Collins, a citizen -based strategic
planning group. As part of its opinion, the Alternate Ethics Review Board
recommended certain amendments to the City Code. Council's adoption of the
proposed ordinances would implement those recommended changes.
WE
June 15, 1993
Ordinance No. 64, 1993 would amend the provisions of the Code pertaining to
opinions and recommendations of the Ethics Review Board, so that such opinions
and recommendations would be subject to formal review by the City Council. The
purpose of this change would be to provide Councilmembers or board or commission
members who are affected by an ethical complaint or inquiry with an opinion that
has the support of a majority of Council. At present', advisory opinions and
recommendations of the Ethics Review Board can, in some circumstances, be
rendered by only two members of the Council as a majority of the three -member
Board. In these cases, a Councilmember or board or commission member acting in
reliance upon the advisory opinion or recommendation may not know whether the
opinion or recommendation is consistent with the majority view of the Council.
Under this proposed amendment, when Council reviews an opinion of the Board,
those Councilmembers who have a financial or personal interest in the opinion
would refrain from participating in Council's deliberations.
Additionally, this ordinance would provide that ethics opinions approved by a
majority of the Council would serve as an affirmative defense to any civil or
criminal action or other sanction sought against a Councilmember or board or
commission member acting in reliance on the opinion. While this was not included
in the recommendation of the Alternate Review Board, it has been proposed by the
City Attorney's office. Under the law, an "affirmative defense" does not
entirely bar the filing of a claim that a Councilmember or board or commission
' member violated a particular ethical rule of conduct, but it does provide a
defense to any such claim. If, for example, Council adopted an opinion that a
Councilmember did not have a conflict of interest with regard to a particular
decision, and a Councilmember acted in reliance thereon, he or she would be able
to offer that opinion as an affirmative defense to a citizen complaint under the
Charter. The prosecution would then have to prove that the opinion was not
applicable to the conduct in question.
The Ethics Review Board has reviewed this proposed Ordinance and recommends its
adoption. The Board believes that it would be helpful to have opinions issued
by the Board reviewed by the entire Council to ensure that they have the support
of the Council. Additionally, this Council review would provide an additional
opportunity for public input regarding the subject matter of the opinion. If a
particular opinion is not acceptable to the Council, it can be revised and
submitted in its revised form at a subsequent meeting for approval. The Board
did emphasize, however, that Council review of Ethics opinions is not intended
to relieve the Board of its primary responsibility to perform a thorough
investigation and review of ethical situations in the first instance and that the
library of previous opinions issued by the Board will continue to be helpful for
that purpose.
A second recommendation of the Alternate Ethics Review Board was for Council to
amend Section 2-570 of the City Code so as to clarify that Councilmembers serving
as representatives to or members of private agencies do not have a conflict of
interest in participating in City decisions relating to those agencies if they
' have been appointed by the City Council to serve in that capacity. Under Section
100
June 15, 1993
1
2-570 of the City Code, such a provision already exists with regard to Council
appointments to other governmental entities. However, with regard to
appointments to private agencies, Section 2-57O(c) of the Code is more limited
in its wording. First, appointments to private agencies are limited to service
as a member of the board of directors of those agencies (unlike appointments to
other governmental entities where Councilmembers may be appointed to serve in
other capacities). Secondly, there is no language in subsection (c) which
specifically states that Council appointments to private agencies generally do
not create a conflict of interest.
Ordinance No. 65, 1993, would combine subparagraphs (b) and (c) of this Code
Section so as to: (1) clarify that Council can appoint its members to serve in
various capacities with private agencies when it determines that such service
would be in the best interests of the City and (2) clarify that such Council -
appointed service does not generally create a conflict of interest which would
require the appointed Councilmembers to refrain from participating in any
subsequent City action related to those agencies,
The Ethics Review Board has also reviewed this proposed Ordinance and recommends
its adoption as well."
Councilmember Winokur made a motion, seconded by Councilmember Horak, to postpone
consideration of this item until the next continued, special or regular meeting I
of the Council.
The vote on Councilmember Winokur's motion was as follows: Yeas: Councilmembers
Azari, Horak, Janett, Kneeland, McCluskey and Winokur. Nays: None.
THE MOTION CARRIED.
Resolution 93-92
Making Appointments to
Various Boards and Commissions. Adopted.
The following is staff's memorandum on this item.
'EXECUTIVE SUMMARY
Vacancies currently exist, or shortly will exist, on various boards and
commissions due to resignations from boardmembers and the expiration of terms of
members of boards and commissions.
Applications were recruited during March and April. Council received copies of
the applications and Council teams interviewed applicants during May and June.
This Resolution makes appointments to the following boards and commissions:
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IJune 15, 1993
Building Review Board Housing Authority
Cable TV Board Human Relations Commission
Commission on Disability Landmark Preservation Commission
Commission on the Status of Women Library Board
CDBG Commission Natural Resources Advisory Board
Cultural Resources Board Parks and Recreation Board
Downtown Development Authority Water Board
Golf Board Zoning Board of Appeals
The Resolution contains the names of those individuals recommended for
appointment by the Council interview teams.
Interviews for the following boards and commissions were not completed in time
for inclusion in this Resolution:
Election Board
Electric Board
Liquor/Massage Licensing Authority
Planning and Zoning Board
Retirement Committee
Senior Advisory Board
Storm Drainage Board
' Appointments to these boards are tentatively scheduled for the July 6 meeting.
In addition, a resignation has created a vacancy on the Personnel Board. If
interviews are completed in time, the Personnel Board appointment will be
included in the Resolution for July 6."
Councilmember Horak made a motion, seconded by Councilmember Kneeland, to adopt
Resolution 93-92 the revised version.
Mayor Azari thanked the City Clerk's office for its efforts in coordinating the
interviews.
Councilmember Janett concurred with Mayor Azari and thanked citizens for
applying. She spoke of various elements in the decision making process and
thanked boards and commission members who were not reappointed.
The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers
Azari, Horak, Janett, Kneeland, McCluskey and Winokur. Nays: None.
THE MOTION CARRIED.
' 102
June 15, 1993 '
Ad3ournment
The meeting adjourned at 12:40 a.m.
r
ATTEST:
City Clerk I •
103