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HomeMy WebLinkAboutMINUTES-07/06/1993-RegularJuly 6, 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, July 6, 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: Apt, Azari, Janett, McCluskey, and Winokur. Councilmembers Absent: Horak and Kneeland. Staff Members Present: Burkett, Krajicek and Roy. Citizen Participation Mayor Azari presented plaques to Chris Allison and Laurie O'Dell for their eight years of service on Boards and Commissions. David Lipp, 626 Remington, stated his concerns about high rent in Fort Collins and its impact on the ordinary people in the community. He urged Council to form a task force to study the issue of housing and to come up with a strategy to stabilize the rents in Fort Collins. ' Roy Vratil, 1401 Shamrock, stated he was concerned with the response time on complaints filed with the Police Department. He stated the amount of time the Police spent on patrolling the "Ride of the Rockies" was far too much and cost the taxpayers a considerable amount of money. Al Bacilli, 520 Galaxy Court, stated he was concerned with the selection process of the SouthRidge Golf Pro. He urged Council to listen to the concerns that the public has regarding the D.A.R.E. Program. Ed Cullan, 1741 Brookhaven Circle, stated 214 South College would now be occupied in two weeks by Edward D. Jones and Company and invited Council to come in and visit. Sandy Lemberg, 6851 Poudre Canyon Highway, stated he would like information regarding the police complaint process and the citizen liaison committee. Lisa Gleason, on behalf of Bob Alberts, asked for an ordinance change regarding the skunk incident and the animal control complaint process. Ward Luthi, 1630 West Swallow, stated he owned property at 1701 Broadview Place and was concerned with traffic and safety around the "bull farm" housing project. He urged Council to discuss the project at the July 20 Council meeting. ' Roy Vratil, 1401 Shamrock, stated he was concerned with the speeding throughout the City. Councilmember Janett stated that creating an Affordable Housing Task Force will I be discussed at the July 20 Council meeting. She stated that Counci1's Work Plan includes reviewing the development fee structure that affects the cost of housing. Councilmember Apt stated the "bull farm" housing issue should be placed on an upcoming agenda for public discussion and for a formal Council recommendation on this project. Mayor Azari asked if Council could consider changing the Code regarding wild animals in the City of Fort Collins and asked that the animal control contract be reviewed. She asked for an update on the police complaint process and asked if the report regarding the golf pro issue could be made available to the public for its review. Agenda Review City Manager Burkett stated that Items 32 and 36 have been revised and will be reviewed during the presentations. Mayor Azari requested that Item #17, first Reading of Ordinance No. 70, 1993, Authorizing the City Manager or Designee to Execute Certain Intergovernmental Agreements, be withdrawn from the 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 N28, Pulled Consent Items. 7. 8. This Ordinance was unanimously adopted on First Reading on March 16, 1993. 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%. 106 1 9. 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 savings level was achievable. That higher level of 3.128% or $736,000 net present value savings was attained on June 9. However, the sale and supporting documents were not completed in time for Second Reading on June 15. All documents are now complete and staff recommends adoption of the Ordinance on Second Reading. The net effective interest rate on the bonds is 5.06%. 1993. The City's current banking contract expires September 30, 1993. This Ordinance, which was unanimously adopted on First Reading on June 15, permits the contract to be extended for three months so that the contract and the costs associated with it may coincide with the budget year. This extension would save the City an estimated.S15,500 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. 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. This Ordinance which was unanimously adopted as amended on First Reading on June 15, empowers the developer of Greenbriar Village P.U.D., 1st Filing to vacate a portion of the right-of-way for Butch Cassidy Drive being replatted with Greenbriar Village P.U.D., First Filing. Staff and the Planning and Zoning Board members are asking the Council to endorse the right-of-way vacation. Language has been included to indicate that the easement can be used for public pedestrian and bicycle access purposes as well as utility and drainage. KIN II. i1MI This Ordinance was unanimously adopted on First Reading on June 15. 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. This Ordinance was unanimously adopted on First Reading on June 15. 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. 13. Items Relating to the Ethics Review Board. A. First Reading of Ordinance No. 64, 1993, Amending Section 2-569 of the Code Pertaining to Opinions of the Ethics Review Board. B. 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. 108 ' 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. 14. The proposed Ordinance would make certain changes to the appeals provisions of the City Code. First, it would exclude from the definition of an appealable "final decision" those decisions of boards and commissions which consist solely of a recommendation of the City Council. Secondly, it would require that all notices of appeal be signed by the appellants. Finally, it would permit the introduction of new evidence on appeal when the evidence is offered in support of or in opposition to an allegation that a board or commission based its decision on false or misleading evidence. 15. The funds will be used for Foothills. Mall Outlet Box Office equipment and for banquet tables, replacement thermostats, carpet/tile rotation, and an electric transformer. 16. First Reading of Ordinance No. 69, 1993, Appropriating Prior Year Savings Realized from Increased Productivity and Operating Efficiencies. In 1992, City Council adopted the Service Productivity Incentive Policy, effective for 1992 and years thereafter. The goal of the policy is to provide a framework within which a manager can develop a long-range strategic plan for service delivery rather than rely on a short-term, line -item cost approach. An operating manager that has unspent and uncommitted appropriations as a result of increased productivity and operational efficiency can carry-over those dollars in their own reserve savings account. Managers may request the use of the savings through the City Manager and City Council must approve the request by an appropriation ordinance. Use of productivity savings will be presented to Council twice a year for appropriation in the current year. The total savings as of year end 1992 from increased productivity and operational efficiency amounts to $204,696. 109 17. Mile 19. 20. The City Charter authorizes the Council, by ordinance or resolution, to enter into intergovernmental agreements and cooperative or joint activities with other governmental bodies. The proposed Ordinance would delegate to the City Manager or his designee the authority to execute certain kinds of routine intergovernmental agreements. A. First Reading of Ordinance No. 71, 1993, Designating the Woolworth Building/Welch Block as a Historic Landmark Pursuant to Chapter 14 of the Code of the City of Fort Collins. B. Resolution 93-94 Authorizing the Issuance of a Building Permit for the Woolworth Building/Welch Block. This request for Local Landmark Designation for 107 N. College Avenue, known as the F.W. Woolworth Building/Welch Block, is being initiated by Tom Schmittling, owner/operator of Pour La France Restaurant, one of the tenants. Mr. Schmittling intends to use the State Tax Credit for Historic Preservation and the building must be historically designated for him to do so. The owner and also a tenant of the building, Jacques Rieux, has consented to the local designation. A public hearing was held by the Commission on June 23, 1993, at which time the Commission voted to recommend designation of this property. The Landmark Preservation Commission and City Staff are pleased to recommend the building located at 107 N. College Avenue as a local landmark for its historical importance. The property owners of the tracts in the Raintree P.U.D. abutting Snowberry Street have requested the vacation of the right-of-way for Snowberry Street as originally platted with that P.U.D., located west of Shields Street on the north side of Drake Road. The request is being initiated in conjunction with the proposed development of the Preserve Apartments P.U.D. which replats that portion of the Raintree P.U.D. including the old Snowberry Street right-of-way. The Airport Manager has negotiated a lease of property to the Virga Corporation. The Virga Corporation will construct a 20 unit T-Hangar on the property. These units will be rented (or sold subject to the underlying lease), by the Virga Corp., to aircraft owners/operators. The 110 plow airport will receive one percent of the rents. At the end of the Virga Corporation lease, the T-Hangars will revert to the ownership of the Cities. The term of the lease is 25 years with three, five-year extension options. In addition to generating new revenue for the Airport, the hangars will meet aircraft storage needs of local airplane owners who now store their aircraft at other airports, some in other counties. The Airport Manager has negotiated a lease of property to Keith Griffith for the construction and sublease of aircraft hangars. The lease includes Lot 3 and the West 34.29 feet of Lot 2 of the Barnstorm Second Addition to the City of Loveland. Keith Griffith will build one hangar on each of the 12 lots. Each hangar will provide at least 1,764 square feet of aircraft storage space and will generate a maximum of $4,700 in land rents annually upon complete build-out/sub-lease to aircraft owners/operators. The hangars will be sublet (or sold subject to the underlying lease) to aircraft owner/operators by Keith Griffith, with the Airport receiving one. percent of the rents. This is a twenty-five year lease, with three five- year extension options, bringing the total length of the lease to forty years. At the expiration of the lease, the improvements revert to the ownership of the Cities. I The construction of the hangars will generate new revenue for the Airport and help meet the aircraft storage needs of local aircraft owners. 22. Item 3 of the Fort Collins -Loveland Airport Master Plan, which is currently being completed by Isbill Associates of Denver, indicates modification and upgrading of the Airport sign system of a major capital priority. In order for the Fort Collins -Loveland Municipal Airport to be authorized to land aircraft with more than 31 passenger seats, the Federal Aviation Administration must inspect and certify the Airport. The current sign system at the Airport does not meet the certification standards of the FAA. The Fort Collins -Loveland Municipal Airport is currently pursuing FAA certification so that Continental Express may begin serving the Airport with ATR 42's, a 46 passenger aircraft, this September. This grant will provide funding.necessary to improve the signs on the aircraft parking ramp, taxiways and runways. 23. 24. 25. Resolution 93-96 Authorizing the Mayor to Execute a Grant Agreement with the State of Colorado Division of Aeronautics for Financial Assistance to I Purchase Snow Removal Equipment and a Mass Casualty Trailer Unit. This resolution authorizes acceptance of a grant of $50,067 from the Colorado Department of Transportation. These grant funds will be used to pay a portion of the cost of two airport improvement projects. These improvements are consistent with the capital improvement section of the Airport's five year master plan currently being completed by Isbill Associates of Denver and intended to enhance the safety and operations of the Airport. Council previously considered this matter and adopted a similar Resolution (Resolution 92-36) on February 18, 1992. This item has been brought forward upon the recommendation of the Council Legislative Review Committee and is urgent because of the timing of critical Congressional hearings. The Forest Service is attempting to acquire 18,761 acres of land owned by the Union Pacific Company in Cherokee Park for incorporation into the Roosevelt National Forest. In 1992, the Forest Service requested that Congress appropriate funds for this acquisition in the FY 1993 Interior Appropriations bill. Congress did not approve the appropriation. This ' year, a similar request has been made with hopes that the measure will be included in the 1994 budget. The appropriation would be for $2.7 million from the Land and Water Conservation Fund (LWCF). Adoption of the Resolution will support the Forest Service's request. At its April 20, 1993 meeting, during discussion relating to boards and commissions liaison appointments and committee assignments, Council determined that the functions of the previously established Water Demand Management Committee and Water Quality/Water Treatment Master Plan Committee should be consolidated into one committee responsible for addressing water -related issues. On June 1, 1993, Council adopted Resolution 93-78 establishing a consolidated Water Planning Committee and appointing Councilmembers Apt, Janett, and McCloskey to serve on the Committee. In keeping with the composition of the Water Demand Management -Committee and the Water Quality/Water Treatment Master Plan Committee before they were consolidated into one committee, Resolution 93-78 should have included a section providing for three members of the Water Board to serve on the Water Planning Committee in addition to the three Councilmembers. 112 This Resolution amends Resolution 93-78 to establish that the Water Board ' shall select three of its members to serve on the Water Planning Committee. 26. Resolution 93-99 Finding Substantial ComDliance and Initiatina Annexation 27. The property being considered for annexation is approximately 5 acres in size and is located on the south side of Harmony Road, approximately one half mile east of Timberline Road (County Road 11). The.property is under single ownership and is located within the Fort Collins Urban Growth Area. The property is currently vacant and zoned FA-1, Farming, in the County. The proposed zoning for this annexation is E-P, Employment Park, due to its proximity to the Harmony Road corridor. For the purposes of annexation, the property is being split roughly in half, the north 2.763 acres being Ricketts First Annexation and the south 2.065 acres being Ricketts Second Annexation. The proposed Resolution determines that the two annexations comply with the Municipal Annexation Act and the Intergovernmental Agreement for the Fort Collins Urban Growth Area, determines that a hearing should be established regarding the annexations, and directs that proper notice be given of the hearing. The hearing will be held at the time of first reading of the annexation and zoning ordinances on August 17, 1993. NG11 rCLC1 DVll MIIIICAGLI VII QIIV LVII 111V VIILII VV I LV. A. Resolution 93-100 Setting Forth Findings of Fact and Determinations Regarding the Frame Annexation. B. Hearing and First Reading of Ordinance No. 75, 1993, Annexing Property Known as the Frame Annexation to the City of Fort Collins, Colorado. C. Hearing and First Reading of Ordinance No. 76, 1993, Amending the Zoning District Map Contained in Chapter 29 of the Code of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Frame Annexation. D. Resolution 93-101 Setting Forth Findings of Fact and Determinations Regarding the Karl Peterson Annexation and Zoning. Hearing and First Reading of Ordinance No. 77, 1993, Annexing Property Known as the Karl Peterson Annexation to the City of Fort Collins, Colorado. Hearing and First Reading of Ordinance No. 78, 1993, Amending the Zoning District Map Contained in Chapter 29 of the Code of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Karl Peterson Annexation. 113 On June 1, 1993, the City Council considered and approved Resolutions determining that the proposed annexations are in compliance with State ' law. The Resolutions also initiated the annexation process for those properties by establishing the date, time, and place when a public hearing would be held regarding the Ordinances annexing and zoning the areas. Public Hearing and First Reading of the Ordinances annexing and zoning the property were scheduled for July 6, 1993. Because of a notification error, the scheduled hearing cannot proceed on July 6, and staff recommends that items pertaining to the Frame and Karl Peterson Annexations be postponed until July 20. Postponement will meet legal requirements, delay the annexation process by only two weeks, and avoid the necessity of starting the annexation initiation process over again. Items on Second Reading were read by title by City Clerk Wanda Krajicek. Q a 10. 11. 12. Second 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 I Hills P.U.D.. Filing Two. and Retaining the Same for a Utility, Drainage and Public Pedestrian and Bicycle Access Easement. Items on First Reading were read by title by City Clerk Wanda Krajicek. 13. Items Relating to the Ethics Review Board. 14. A. First Reading of Ordinance No. 64, 1993, Amending Section 2-569 of the Code Pertaining to Opinions of the Ethics Review Board. B. First Reading of Ordinance No. 65, 1993, Amending Section 2-570 of the City Code Pertaining to Council Appointments to Private Agencies. 114 18. 19. 20. 21. 27. A. First Reading of Ordinance No. 71, 1993, Designating the Woolworth Building/Welch Block as a Historic Landmark Pursuant to Chapter 14 of the Code of the City of Fort Collins. Sublease of Aircraft Hangars. B. Hearing and First Reading of Ordinance No. 75, 1993, Annexing Property Known as the Frame Annexation to the City of Fort Collins, Colorado. C. Hearing and First Reading of Ordinance No. 76, 1993, Amending the Zoning District Map Contained in Chapter 29 of the Code of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Frame Annexation. E. Hearing and First Reading of Ordinance No. 77, 1993, Annexing Property Known as the Karl Peterson Annexation to the City of Fort Collins, Colorado. F. Hearing and First Reading of Ordinance No. 78, 1993, Amending the Zoning District Map Contained in Chapter 29 of the Code of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Karl Peterson Annexation. 115 33. Items Related to the Sale of a Tract of Land in the Cunningham Corners PUD and the Disposition of the Cunningham Corner Barn. B. First Reading of Ordinance No. 79, 1993, Authorizing the Sale to the Shields Street Corporation of Real Property Described as a Tract of Land in the Cunningham Corner PUD. 37. 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. Councilmember Winokur made a motion, seconded by Councilmember McCluskey, to adopt and approve all items not removed from the Consent Calendar. , The vote on Councilmember Winokur's motion was as follows: Yeas: Councilmembers Apt, Azari, Janett, McCluskey, and Winokur. Nays: None. THE MOTION CARRIED. Ordinance No. 70, 1993 Authorizing the City Manager or Designee to The following is staff's memorandum on this item. IYIY.• The City Charter authorizes the Council, by ordinance or resolution, to enter into intergovernmental agreements and cooperative or joint activities with other governmental bodies. The proposed Ordinance would delegate to the City Manager or his designee the authority to execute certain kinds of routine intergovernmental agreements. 116 1 BACKGROUND: The City Charter provides in Article II, Section 16, that the Council may, by ordinance or resolution, enter into agreements to furnish governmental services and make charges for such services, or enter into cooperative or joint activities with other governmental bodies. Section 29-1-203 of the Colorado Revised Statutes also authorizes such agreements, but only if they are approved by the legislative bodies of each contracting party or "other authority having the power to so approve." Frequently, the Council is presented with resolutions authorizing the Mayor to execute these kinds of agreements. Many of these are routine in nature and are either necessary to implement previous Council direction or entail little, if any, expenditure of funds by the City. The purpose of this proposed Ordinance is to expedite the processing of such agreements by authorizing the City Manager or his designee to execute certain kinds of intergovernmental agreements rather than requiring all such agreements to be reviewed by the Council. The authority delegated by this Ordinance would be limited to those agreements which fall into one of two categories: Category 1: Agreements that entail no significant policy issues and less than a $5,000 expenditure by the City; and Category 2: Agreements that implement previous Council direction and: (a) are required by state or federal law OR (b) ' involve less than a $50,000 City expenditure. Examples of agreements which could be administratively approved under this policy are the following: Category 1: (No policy issues/less than $5,000 expenditure) CSU Water Testing Agreement' CSU/Computer System (CAD) Agreement Category 2: (Implement existing policy direction/required by law or less than $50,000 expenditure) Poudre R-1 Development Liaison Agreement CSU Fish and Benthic Biosurvey Agreement FAUS/STP Funding for Bicycle Lanes Agreement Larimer County/Library Services Agreement Examples of agreements which would still require Council approval would include: Poudre R-I Master Agreement ASCSU Transit Services Agreement Larimer County/Social and Human Services Agreement D.A.R.E. Agreement 117 If this ordinance is adopted by the Council, it is anticipated there would still ' be a need for a case -by -case determination as to whether particular cooperative arrangements with other governmental entities required formal Council approval. In those instances where the answer was unclear, it would be staffs intention to submit those agreements to Council for review." City Attorney Roy explained the Ordinance provisions and listed the criteria for executing the agreement. Councilmember Apt asked if there could be a notification mechanism placed on agreements below the $50,000 mark. He stated that Council does not need to formally review them, but needs to be informed. City Manager Burkett stated there was no provision in the Ordinance to notify Council; however, if Council wanted to include a provision between $50,000 and some lower number it could be done. Councilmember Janett asked why the long standing policy needs to be changed. City Manager Burkett stated its only been within the last year or two that routine intergovernmental agreements have been brought before Council. He stated several months ago Council asked staff to provide an Ordinance to address this issue. Councilmember Winokur made a motion, seconded by Councilmember McCluskey, to adopt Ordinance No. 70, 1993 on First Reading. Councilmember Winokur asked for additional language to be placed in the Ordinance ' that would provide Council notice of the lower dollar agreements. He asked if that additional options of the language could be provided on second reading. City Manager Burkett stated the additional language could be included in the Ordinance on Second Reading. Councilmember Apt stated that between $25,000 and $50,000 a notice would be provided to Council. The vote on Councilmember Winokur's motion was as follows: Yeas: Councilmembers Apt, Azari, Janett, McCluskey, and Winokur. Nays: None. THE MOTION CARRIED. City Manager Burkett updated Council on the clean-up after the wind storm that occurred on Saturday, July 3. He estimated that 175 hours were spent by various City crews trying to clean-up the areas impacted the most by the storm. He stated about 60 public trees were lost and acknowledged the hard work by the crews in order to prepare City Park for the celebration of the Fourth of July. 118 Councilmember Reports Councilmember Winokur referenced several items on the Consent Calendar and stated that Item #8 is just another example of the Finance Department assuring the financial health of the City. He stated that it made sense to extend the depository contract to the end of the year for fiscal year purposes and would provide for effective competitive bidding. He extended compliments to the City Manager and Councils who developted the productivity and operating efficiencies concept. He believed that he did not have any conflict of interest on Item #24 and that he supported the purchase by the Forest Service. He referenced the meeting with representatives from Fitches Investment Agency regarding the PRPA bond rating. 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. 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. Council postponed consideration of this Resolution on the June 15 agenda to allow the Council Finance Committee opportunity to further review and recommend changes to the policies. The Council, by unanimous motion, adopted "Option 2 - 70th Percentile with a Lag" as the total compensation policy. That policy has been incorporated into the policies referenced in Resolution 93-91. 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 and Management Policies, with additions, changes, and deletions, are shown in Exhibit "A" to the Resolution. Section 1.2 Revenue and Expenditure Limitation has been added. This section gives a general overview of the revenue and expenditure limitations imposed by Article X, Section 20 of the State Constitution. Section 2.5 Private Contributions has been expanded to address question of ' application of Article X, Section 20 of the State Constitution to private contributions. 119 Section 3.2 Payment in Lieu of Taxes (PILOT). Language has been added to clarify I that the rate charged is based on the franchise and property tax that would be charged to a privately -owned utility. Section 3.4 Human Resource Management and Productivity Policy has been modified to reflect the alternative methodology, 70th percentile with a lag, adopted by motion of the Council on June 15. Language was added to.clarify that the policies apply to all City employees, except hourly, seasonal, and temporary employees. Medical Insurance and Retirement Plan has been amended to indicate to the General Employee Retirement Plan are anticipated in the next year. Section 3.7 Poudre Fire Authority - Revenue Allocation Formula has been amended. The change recognizes the limits imposed by Article X, Section 20 and arrives at a contribution formula that is equitable for Poudre Fire Authority and the City. Section 4.2(a) Light & Power Utility has been modified to clarify that all significant changes to the purchase power reserve shall be reported to the Council. 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 e percent of fiscal year spending, excluding bonded debt service, must be reserved. o 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 c 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 a minimum of 3.5% of approved General Fund operating expenditures. Section 5.2 Designated for Eouipment 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, Council entered into an agreement with the Poudre Valley Fire Protection District, creating the Poudre Fire Authority. 120 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." City Manager Burkett presented background information on action from the June 15 meeting pertaining to this item. He stated Alan Krcmarik would review the proposed changes in the financial policies segment and Pete Dallow would review the total compensation issues. Alan Krcmarik, Director of Finance, explained the changes to various sections of the financial policies. He noted that all budget activities of the City of Fort Collins will be consistent with Amendment 1. Pete Dallow, Director of Administrative Services, reviewed the process and the impacts of Option 2 on the employees. He stated Council identified this issue as an item to review as part of the its work plan and policy agenda. He stated the Personnel Board and staff recommend the policy remain at the 70th percentile. Councilmember McCluskey made a motion, seconded by Councilmember Apt, to adopt Resolution 93-91 deleting Section 3.4 and directing Council to revisit that component of the financial policies on July 20. Councilmember Winokur asked for clarification on Section 5.2 regarding the fund distribution. He stated he was pleased with the rewording of the retirement program for the general employees. He asked if the Pension Plan would be a form of deferred compensation or unfunded liability. Krcmarik replied the distribution of funds will remain separate. He stated the Emergency Reserve would be funded from a portion of the fund designated for financial uncertainty. He stated the Plan would not be a form of deferred compensation, but would remain a Pension Plan. Councilmember Janett asked for specific examples of employee salaries under the old methodology versus the new methodology. Councilmember Apt believed Council was unclear on the meaning of what the 70th percentile is and how it is calculated. He stated that City employees are valued and do outstanding work. Councilmember Winokur asked for the specifics on what impact all the suggested ' changes to the retirement plan would have on total compensation. 121 Molly Davis, City Clerk, stated she has been a classified City employee for over ' 19 years. She read and presented Council with petitions containing over 600 signatures from the City employees. She stated the City employees who signed the petitions have around 6,347 years of service with the City and referenced the petition language. David Meyer, Water and WasteWater, suggested reviewing previous salary years of the 70th percentile compared to the new methodology. He stated reviewing historical statistics would better show the variance between the two suggested plans. He stated that 3 or 4 different pay lines should also be taken into consideration. Susanne Edminster, Finance, stated she has been employed with the City for over 12 years. She noted that employee attendance was low at the June 15 meeting because employees believed their opinions did not matter to Council. She stated many of the City employees are in attendance at this meeting because they are concerned about the motion which Council adopted on June 15. She stated not all of the City employees in attendance will address Council, but confirmed that many of the employees are the crews from Light and Power, Parks & Rec, Golf, Forestry, Streets, Cemeteries, Traffic, Building Inspectors, Police Officers and many more. She believed the City employees are partners with Council in creating good government to serve the needs of the City's customers. She stated that City employees want the opportunity to work with Council to resolve problems and to - anticipate any problems before they may happen-. She urged Council to reconsider the June 15 decision and reaffirm its confidence in the employees of the City. She asked Council to send a message to all the City employees that they are valued and appreciated. z ' John Van Gorder, Poudre Fire Authority, stated he has been an employee for 15 years. He stated that Council does not directly set the pay plan for the Poudre Fire Authority; however, the PFA Board follows many of the policies that are --set by Council. He stated the proposed policy's effects are drastic and stated that .4 it would drop the PFA compensation to the 40 percentile of the cities that PFA compares with. He appreciated Council postponing this segment of the financial policies for a chance to get better acquainted with the various effects that a proposal of this sort would have on the employees. He stated the PFA employees urge Council to leave the current policy in place. Dennis Sumner, Light and Power, stated that many of the employees worked several hours of overtime preparing the City for the Fourth of July weekend. He stated that a Councilmember comment on using the pay plan to weed out employees is highly unacceptable. He stated a misconception of the 70th percentile is that City employees receive 20 percent more than the average pay. He appreciated the support and enthusiasm that Council is giving to the General Employees Retirement Program. 122 1 John Moran, Poudre Fire Authority, provided statistics comparing PIA', current pay plan to the Mountain Region and National average pay plans. He stated that the City hires high caliber people who perform their jobs better, cheaper and with less personnel than many other cities. He stated the employees of the City are striving for excellence and are willing to provide extra effort to make Fort Collins the "Choice City". He stated if Council adopts Option 2 the morale of the employees will drop considerably. He urged Council to retain the current compensation policy. Janet Meisel, Planning, commended Council on efforts put forth on the retirement segment of the Financial Policies Plan. She stressed that the retirement plan included survivor benefits and the changing of the vesting program. She asked that the Retirement Committee bring such information to Council in a short time period. Stephanie Schultz, Finance, stated that she has been a resident of Fort Collins for 22 years and commends previous Councils for the efforts taken to improve this City. She stated the path that Council undertook on June 15 is not a favorable one. She stated the employees of the City strive to do the best job for the residents to make this community the best it can be. She stated as a full-time City employee for over 17 years, she has given over 100 percent on every project. She stated she has put forth over 400 hours of donated time to the City in order to provide the very best service for its customers. She stated she takes pride in the job she has done for the City and believed she would be hard pressed to be more productive or work harder for less wages. ' Donna Visocky, Parks and Recreation, appreciated Council taking the time to review this portion of the financial policies in order to make the best choice for the employees of the City. She stated the City of Fort Collins is a beautifully planned and well maintained City due to the hard work of the employees of the City. She stated the majority of the over 900 employees are not upper management and do not receive $50,000, $60,000 or $70,000 in pay. She stated most City employees are also struggling to support a family. She stated the needs of the City employee's families are the same as those in the community. She did not believe it was right to pay the employees less than what they are worth, just because that is what the market in Fort Collins will to allow. She stated the people she works with strive to provide the very best product and service they can for the community. She stated if Council does not value the City employees, what kind of value do they place on the services they provide. Patti Schneeberger, City Clerk, stated she has worked for the City for 22 months and has provided the best service possible for Council and the public. She stated she has donated several hours of time in order to achieve the high quality of work put forth to Council and the public. She asked Council to respect the high quality of City employees. She stated City employees respect Council for what they provide to the community as well as to the City employee. She stated that if Council adopts Option 2 of the policy, the message is sent that the employee does not matter. She stated if that message is sent that Council does not care anymore, why should the City employees care about what services they provide for Council and the community. She urged Council to retain the 70th percentile because the City employees are worth that and much more. 123 Jim Broderick, Police Department, stated that many Police Department employees ' alone donate time to the City and believed that is the culture throughout all City departments. He believed that adopting Option 2 would erode that culture that has been developed throughout the departments and once that culture is gone it is very hard to get back. He stated it is just not monetary value that concerns the employees as much as it is Council respect and recognition. He believed the Police employees would sacrifice their salaries for a year or two in order to put more cops on the street. Todd Juergens, Engineering Department, stated he has worked for the City for four years and believed it was unjust to expect the City employees to welcome their cost of living raise a year behind everyone else in the community. He urged Council to reconsider its decision of June 15 and allow the City employees a chance to keep up with the cost of living. Troy Krenning, Police Department, stated that the decision to postpone this portion of the financial policies was very wise. He believed the new Councilmembers have made an effort to work with the employees and appreciated the positive feedback. Mike Thornton, Police Department, stated it is hard to make sacrifices, only to have a policy making body make the statement that the City should try to pay less but obtain the same level of service. He stated the statistics show that City employees have done more work for less pay and less cost to the City than most other surrounding cities. He asked Council to take a different approach to the compensation policy and involve the employees in the process. Ray Martinez, Police Department, believed the City could not afford to pay the ' employees their real worth and urged Council to retain the 10th percentile. He stated it concerns him when an officer states he/she does not need cover or can someone clear a call to come and assist him/her. He stated that concerns of that magnitude project there is low manpower of officers. He stated the Constitution of the United States does not say "We the Government", but that it states "We the People". He urged Council to represent "We the People" and not the small minority who can scream the loudest. He stated Council's own motto is "together we're better." Kirsten Whetstone, Planning Department, stated City employees are highly skilled, efficient, professional, and dedicated. She stated highly qualified employees make the City of Fort Collins a great place to live. She stated employees are an asset to the entire community and urged Council to send the employees and the citizens a positive message of retaining the loth percentile. Councilmember McCluskey stated he agrees with several of the statements made from the employees; however, his main concern was to review the process and maybe provide a longer term policy. He believed consistency with the policy should take priority over reviewing the policy every year. Councilmember Apt stated he appreciated the feedback the employees offered on this item. 124 fl ,t Councilmember Janett appreciated the input from the employees. She stated she would review the City's overtime policy. Councilmember Winokur stated the employees of the City have the chance to voice their concerns, unlike many who work for the Federal Government. He stated he can appreciate knowing what it feels like to be one of the six lowest paid employees of the City. He stated he understands the concept of donating time and not getting compensated. He stated the options for the Financial Policy did not emanate from Council, but were presented from staff. He stated a longer term policy is a good idea and stated he was totally dissatisfied with the General Employees Retirement Plan. He believed the overall general policies have improved over the past several years. Mayor Azari congratulated all the work and effort put into preparing the Financial Policies. She suggested that an annual meeting take place between Council and the employees to discuss these issues. She believed the language of the 70th percentile is misleading and should be reworded in a way that is understandable to the Council, the employees, and the community. She believed Council and the employees should strive to do the very best for the citizens of Fort Collins. The vote on Councilmember McCluskey's motion was as follows: Yeas: Councilmembers Apt, Azari, Janett, McCluskey, and Winokur. Nays: None. THE MOTION CARRIED. Resolution 93-102 Adopting the Recommendation of the Cultural Resources Board Reaardina Fort Fund Disbursements, Adopted. The following is staff',s memorandum on this item. 'EXECUTIVE SUMMARY The following disbursements from funds in the City's Cultural Development and Programming Account were recommended by the Cultural Resources Board at its regular meeting of June 23, 1993. Hatton Gallery, CSU Event "Painting in Paris" High Plains Arts 1993-94 Season Council (Friends of Traditional Dance) Fort Collins Museum Fort Collins Symphony Skookum Days Beethoven in Bluejeans 125 Amount Amount Reaueste Recommended 3,400 3,400 5,500 5,000 800 800 2,000 1,700 One West Art Center Outdoor Cafe Theatre/CSU Ft. Collins Symphony Front Range Chamber Canyon Concert Ballet Human Race Committee Lutheran Family Services YIPS, Poudre R-1 Volunteer Clearing House Ice Skating Club of Fort Collins OpenStage Theatre CSU/Environmental Learning Center National MS -Colo. Chapter CO - WY Biennial "America Today..." 1993 Theatre Season Sinfonietta Concerts "Summer Notes" "Amahl & Night Visit." New West Fest Program 10th Annual Human Race Resolution Run Odyssey of the Mind Tour Sing Out Saturday Night Skate Fest Student Dress Previews "Critterman & the Wolves" The New MS 150 2,500 1,350 2,000 2,000 3,000 3,000 1,600 10,000 1,000 7,493 1,300 4,000 4,500 1,500 5,000 2,100 1,000 2,000 1,500 2,000 1,800 1,000 2,000 600 4,000 1,000 2,100 2,100 ' 500 1,000 TOTAL f 61,943 $ 35,600" Dave Siever, Director of Cultural Services, gave a brief presentation on this project. Councilmember Winokur made a motion, seconded by Councilmember Janett, to adopt Resolution 93-102. Karen Warren, representative of the Cultural Resources Board, stated the Board recommended these allocations because they benefit the community. She urged Council to adopt the Resolution. Councilmember Janett asked if the Board has a system when prioritizing the requests for funding. Warren replied there are certain guidelines for submitting applications and the Board has a list of criteria it follows when allocating the funds. 4 126 I Chip Grant, 3500 Rolling Green, representative of the Human Race Committee, stated he appreciated the opportunity to apply to Fort Fund, but believed there was not a sufficient amount of funds allocated to the 10th Annual Human Race. He stated the amount asked for would allow for a higher quality race and would I increase the tax base in Fort Collins. Councilmember Winokur stated he appreciated the time and effort put forth by the Cultural Resources Board. Mayor Azari believed cultural activities expand the monetary value and the psychic wealth of the community. She stated the City would continue working on projects such as this in order to build up funds for the opportunity to bring more cultural events to this community. The vote on Councilmember Winokur's motion was as follows: Yeas: Apt, Azari, Janett, McCluskey, and Winokur. Nays: None. THE MOTION CARRIED. Items Related to the Sale of a Tract of Land in the Cunningham Corners PUD and the Disposition of the Cunningham Corner Barn. The following is staff's memorandum on this item. "FINANCIAL IMPACT The property was acquired by the City in satisfaction of the City's lien for special assessments levied against it. In securing the deeds, the City also paid for appraisals, title work, environmental audits, general taxes, and property maintenance. Section 22-97(f) of the Code authorizes the City to deduct those expenses from the proceeds of sale and credit the remainder to the special assessment fund to pay principal and interest. A breakdown of the application of the proceeds for the proposed sale is included in the body of this agenda item summary. Various options for disposition of the expenditure of a minimum of $8,000 t sources also vary with each option. EXECUTIVE SUMMARY o Cunningham Corner Barn would require the a maximum of about $80,000. Funding A. Resolution 93-103 Determining the Final Disposition of the Cunningham Corner Barn. B. First Reading of Ordinance No. 79, 1993, Authorizing the Sale to the Shields Street Corporation of Real Property Described as a Tract of Land in the Cunningham Corner PUD. 127 In February of 1993 staff rejected May an offer of $75,000 because restoration and use of the barn. Issues for Consideration Price an offer for the property of $102,500 and in of the low amount. The lower bid included Appraised value for multi -family use is $300,000 or $50,000/acre (without the barn). However, there is only one property in the City that recently sold for this amount. It was near the Raintree/Senior Citizen Center site where most of the development amenities are in place. Development of Tract C at Cunningham Corners requires purchase of a single family home for the purpose of extending Richmond Drive to Shields Street and providing an additional point of access. This is likely to depress the offering price but has been considered in the most recent appraisal. Sale of the property for commercial use may result in an offer of $360,000 or more but commercial development is not likely for another three years. There is currently $273,000 of debt on the property which increases by about $1300 per month ($15,600 per year). Holding the property for three years should bring an offering of at least $320,000 to allow the City to break even. The following is an itemization of the assessment lien and City costs on Tract D: Assessment Lien: Principal Interest (to 1211193) Total Costs: General Taxes Title Policy and other Total Total All Costs: In order to evaluate the will provide the City in the per acre sales price versus the appraised pe Tract D $172,822 98.497 $271,319 7,245 1,200 $ 8,445 $279.764 bid offers, it is important terms of debt payment. The needed to pay all costs or r acre value of the land. Iry to know what the sales price following chart illustrates principal and interest only ti 1 1 In February of 1993 staff rejected an offer for the property of $102,500 and in May an offer of $75,000 because of the low amount. The lower bid included restoration and use of the barn. Issues for Consideration Price Appraised value for multi -family use is $300,000 or $50,000/acre (without the barn). However, there is only one property in the City that recently sold for this amount. It was near the Raintree/Senior Citizen Center site where most of the development amenities are in place. Development of Tract C at Cunningham Corners requires purchase of a single family home for the purpose of extending Richmond Drive to Shields Street and providing an additional point of access. This is likely to depress the offering price but has been considered in the most recent appraisal. Sale of the property for commercial use may result in an offer of $360,000 or more but commercial development is not likely for another three years. There is currently $273,000 of debt on the property which increases by about $1300 per month ($15,600 per year). Holding the property for three years should bring an offering of at least $320,000 to allow the City to break even. The following is an itemization of the assessment lien and City costs on Tract D: Assessment Lien: Principal Interest (to 1211193) Total Costs: General Taxes Title Policy and other Total Total All Costs• Tract D $172,822 � 98.497 $271,319 7,245 1.200 $ 8,445 $279,764 In order to evaluate the bid offers, it is important to know what the sales price will provide the City in terms of debt payment. The following chart illustrates the per acre sales price needed to pay ail costs or principal and interest only versus the appraised per acre value of the land. 129 Price per Acre To recover all costs: $ 46,627 To recover P & I: 45,220 Per appraisal: 50,000 Current offer: $ 43,334 Options for the Shields Street Offer Shields Street bid as offered and find a use for the barn. 2. Accept the Shields Street bid with modifications to the contract. 3. Either of the above and demolish the barn. 4. Reject .the offer and continue marketing the property. Staff asks that the Council provide direction on the current offer for the Cunningham Corner property as acceptance (adoption of the Ordinance as written), rejection, or amendment (propose a counteroffer). Barn Disposition Experience shows that the barn is a liability to development. If the barn is removed a higher dollar amount is bid than if the barn is restored. This makes good economic sense because the cost of restoration as estimated by Dick Beardmore of CSU is about $20/sf. At 3000 sf, the barn would cost $60,000 to renovate. This does not include a new concrete slab foundation or a bathroom facility. So anyone bidding who is willing to keep the barn on site is likely to reduce the purchase offer by $60,000 to $80,000. Staff has been exploring options for City use in the event there is no choice but to remove the barn. Natural Resources is considering using the building as a "resource center" on one of the natural areas. There is also the option of dismantling the barn in sections and storing it on City property until a site is found. These options are difficult to implement because dismantling the barn in sections can only be done by experts and moving the barn in one piece will cost a minimum of $20,000. Not many departments have the financial resources to undertake this project. Funding might be available from the state, but the application process is time-consuming. The Landmark Preservation Commission addressed this issue at its meeting on June 23. The recommendation, which is attached, is that the City relocate the barn to suitable City property and restore it as a landmark for public use. Funding could be obtained through grants and volunteers as well as City resources. The Commission did not recommend use of the Historic Preservation Account. If the Shields Street Corporation offer is accepted, the City must remove the barn from the site within sixty days of closing either by relocation or demolition. 130 ' Options for the Cunningham Corner Barn 1. Move the barn to a City -owned property and restore and renovate it for public use. Approximate cost of $80,000 - funding from Historic Preservation Account. 2. . Move the barn to a privately -owned property and let the property owner restore it for private use. Approximate cost of $20,000 - funding from Historic Preservation Account. 3. Demolish the barn and remove the remains from the site. Approximate cost of $8,000 - funding source not identified. Staff recommends adoption of Option 2." City Manager Burkett gave a brief description of the various components involved in this item. Susanne Edminster, Financial Policy Analyst, stated the property was received by the City in lieu of assessment payments for Special Improvement District #82. She stated the offer for sale on the property contains a contingency which requires the City to remove the barn. She stated the Landmark Preservation Commission recommends Council to,adopt Option 1 for the Barn. Councilmember McCluskey made a motion, seconded by Councilmember Winokur, to adopt Resolution 93-103 Option 2. Councilmember McCluskey asked if time could be given to the Landmark Preservation f ; Commission to raise funding to restore the Barn. He suggested if funding could not be found that the City would resort to Option 2. Ruth Weatherford, representative of the Landmark Preservation Commission, stated it might be possible to obtain funding. She stated Natural Resources could have a possible use for the Barn if it were moved to open space. Councilmember Winokur asked what the process would be if the Resolution were to pass. Edminster stated if Option 2 were adopted there would be a modified request for proposals from individuals who have an interest in obtaining the Barn and placing it on their private property. Councilmember Janett asked if the City would be reimbursed the $20,000 moving cost. Edminster stated the City would not be reimbursed. Councilmember Apt ask what is included in the $60,000 renovation cost. Edminster stated that cost would be for complete restoration of the roof, floors, and electrical. 131 Edminster stated the PUD contingency has been removed; however, there is a contingency that requires the purchaser to be allowed to secure construction financing for the project. Councilmember Winokur made a motion, seconded by Councilmember McCluskey, to adopt Ordinance No. 79, 1993 on First Reading. Councilmember Janett asked what happens if financing is not found by December 1, 1993. Edminster stated according to the contract the closing is scheduled for December 1, 1993. If the contingencies are not met, the deal will fall through. Tom Sibbald, prospective buyer, Shields Street Corporation, stated there is a provision allowing the Corporation to waive that contingency. Councilmember Janett asked when the process would go through Planning and Zoning. Sibbald stated the process would go through Planning and Zoning before the closing. Councilmember Winokur stated he appreciated the amount of work put forth by staff on this issue. He believed historic preservation and affordable housing are two of Council goals that would be met by the passing of these two issues. He believed the offer is reasonable and provides many benefits to the City and the community. Councilmember McCluskey stated he supported the Resolution and believed the City has a valid offer and should act on it immediately. Mayor Azari stated this offer would benefit the entire community as well as the City. The vote on Councilmember Winokur's motion was as follows: Yeas: Councilmembers Apt, Azari, Janett, McCluskey, and Winokur. Nays: None. THE MOTION CARRIED. Resolution 93-104 Authorizing Waivers from the UGA Public Street Capacity Requirement to Construct Off -Site Street Improvements and for The following is staff's memorandum on this item. "FINANCIAL IMPACT A waiver to the public street capacity requirement results in the payment of a waiver fee of $700 per additional lot for development of this site, for a total of $21,700. a 132 ' Edminster stated the PUD contingency has been removed; however, there is a contingency that requires the purchaser to be allowed to secure construction financing for the project. Councilmember Winokur made a motion, seconded by Councilmember McCluskey, to adopt Ordinance No. 79, 1993 on First Reading. Councilmember Janett asked what happens if financing is not found by December 1, 1993. Edminster stated according to the contract the closing is scheduled for December 1, 1993. If the contingencies are not met, the deal will fall through. Tom Sibbald, prospective buyer, Shields Street Corporation, stated there is a provision allowing the Corporation to waive that contingency: Councilmember Janett asked when the process would go through Planning and Zoning. Sibbald stated the process would go through Planning and Zoning before the closing. Councilmember Winokur stated he appreciated the amount of work put forth by staff on this issue. He believed historic preservation and affordable housing are two of Council goals that would be met by the passing of these two issues. He believed the offer is reasonable and provides many benefits to the City and the community. ' Councilmember McCluskey stated he supported the Resolution and believed the City has a valid offer and should act on it immediately. Mayor Azari stated this offer would benefit the entire community as well as the City. The vote on Councilmember Winokur's motion was as follows: Yeas: Councilmembers Apt, Azari, Janett, McCluskey, and Winokur. Nays: None. THE MOTION CARRIED. Resolution 93-104 Authorizing Waivers from the UGA Public Street Capacity Requirement to Construct Off -Site Street Improvements and for Contiguity to Existing Development for Fox Hills Preliminary PUD, Failed. The following is staff's memorandum on this item. A waiver to the public street capacity requirement results in the payment of a waiver fee of $700 per additional lot for development of this site, for a total of $21,700. ' 133 EXECUTIVE SUMMARY ' The requests pertain to the Fox Hills Preliminary County PUD, located 112 mile -west of Taft Hill Road, south of County Road 38E. The preliminary plan consists of subdividing a 19.9 acre site into 31 single-family lots and three open space/drainage tracts. The site is zoned FA -I Farming and the surrounding land uses consist of large -lot single-family residential uses. The site is not eligible for annexation because it does not meet the 116 contiguity requirement. City limits are presently located 114 mile east of this site. In order for a property to be subdivided in the Urban Growth Area, it must be shown that the property will conform to the UGA Phasing Criteria. Of the four Phasing Criteria, the proposed development meets the requirement for public water capacity (provided by Fort Collins -Loveland Water District) and public sewer capacity (provided by South Fort Collins Sanitation District). Waivers are being requested for the requirements for public street capacity and for contiguity to existing development. Under the Phasing Criteria for public street capacity, the developer would be responsible for improving Red Fox Road from the site to County Road 38E, to current City local street standards, and for improving County Road 38E, an arterial street, from the site to Taft Hill Road. Improvements to Taft Hill Road to the Horsetooth/Taft Hill intersection would also be required. The addition of 31 homes in this area does not warrant the extensive improvements that would be required, given that this area has developed, to a large extent, through the County's Minor Residential Development (MRD) process, which does not require street improvements. , The site does not meet the 116 contiguity requirement. There is a County - approved subdivision, Westridge Estates, adjacent to this site to the south; however, the contiguous boundary on the southern property line does not meet 116 of the perimeter of the Fox Hills site, falling approximately 300' short. The intent of the waiver process is to avoid the imposition of unnecessary impediments to infill development proposals or sites. Infill development sites are those in essentially developed portions of the Urban Growth Area whose impact on existing services and facilities is relatively minimal. Infill sites are differentiated, in the Larimer County Supplemental Regulations, from sites that require the extension or upgrading of basic infrastructure and other services and facilities, so that the development or use of the site can proceed (which, in the County's Regulations are referred to as "Sequential Development Proposals"). The Larimer County Commissioners may waive phasing criteria provided that: The waiver will not result in unplanned public expense for provision of public services, improvements, or facilities; The waiver Ys consistent with the intent and purpose of the County and adjoining municipality's Comprehensive Plan or Policies; 134 1 ' 3. The waiver application contains material indicating approval may be granted without substantial detriment to the intent and purposes of the Supplementary Regulations which apply to the area; 4. The waiver application contains material indicating there are exceptional circumstances which apply to the specific piece of property which do not apply generally to the remaining property in the Urban Growth Area; and 5. The waiver application contains material indicating approval would not impair the public health and safety by creating undesirable traffic conditions, unhealthy sanitary conditions or adverse environmental influences in the area. This site is considered an Will site. The basic infrastructure needed to serve the site is in place. The area has developed through a series of County -approved MRD's and the site is considered in-fi11 development. Staff is recommending approval of the waiver request with the following condition: The waiver fee of $700 per additional lot be collected at the time of building permit." Ken Waido, Chief Planner, gave a brief explanation of the waiver process. He stated a development within the UGA has to meet all four phasing criteria in order to be approved. Councilmember Apt asked how the figure for the street fee was calculated. Waido stated the acreage figures and traffic generation figures were totalled to arrive at total traffic counts and were divided into the dollar amount to establish fees for a residential unit. Councilmember Janett made a motion, seconded by Councilmember McCluskey, to adopt Resolution 93-104. Councilmember Janett asked if the City plans on annexing this area in the future. Waido replied that the particular site has not achieved contiguity to the existing city limits. He stated there is a possibility of doing an enclave annexation in the future. Councilmember Janett asked if County Road 38E would meet the City's arterial street requirements. Waido stated that at this time County Road 38E does not meet the arterial street requirements. He stated the street fees will be able to provide some improvements to County Road 38E; however, it is unlikely that it will ever meet the City's requirements. Councilmember Janett asked about the outcome if Council chose not to approve this waiver. 1 135 Waido stated the City's role according to the UGA Agreement is to provide a ' recommendation to the Board of County Commissioners. He stated the Board of County Commissioners has the final decision regarding the waiver. Council member Winokur asked if these developments were approved prior to the road improvement requirements in the UGA. Waido stated most of the developments were approved in the County prior to the UGA Agreement. Councilmember Apt asked if there overall strategies or policies exist for these fringe areas in the UGA. Waido stated there is a foothills section located in the UGA Agreement which outlines policies, development regulations, densities and land uses for that area. Councilmember Janett stated she was concerned with road improvements to County Road 38E. She asked if future road improvements could be incorporated into the Resolution. Waido stated the County has a Capital Improvement Program and in the future could allocate monies to help improve County Road 38E. Councilmember Apt stated he would not support the Resolution and believed that this does not benefit the taxpayers of this community. Mayor Azari stated if the waiver was granted, the City could not expect these ' developments to meet City standards due to being approved before the UGA Agreement. Waido stated since the developments were approved before the UGA Agreement they are not required to meet any of the City's development standards. He stated the Fox Hills Development is currently under the new criteria, but the pre-existing developments are not. Steve Sivon, developer, stated the streets in the Fox Hills Development are all constructed to City standards. Councilmember Winokur asked if this issue had been reviewed by the Planning and Zoning Board or the UGA Review Board. Waido replied this project was reviewed by the UGA Review Board. He stated as a condition to approve this project, the developers were required to sign an annexation agreement. Councilmember Apt stated he would like a Foothills Policy to be written in order to protect areas such as this. He stated before this agreement could be approved, he would like some policies in place that apply City standards. Mayor Azari stated she would support the Resolution because of the pre-existing ' agreements between the County and the City. 136 ' The vote on Councilmember Janett's motion was as follows: Yeas: Councilmembers Azari and McCluskey. Nays: Councilmembers Apt, Janett, and Winokur. THE MOTION FAILED. Resolution 93-105 Authorizing a Waiver of the UGA Public Sewer Capacity Reauirement for the Adamson Rezoning, Adopted. The following is staff's memorandum on this item. 'EXECUTIVE SUMMARY The request pertains to the Adamson Rezoning, located on the west side of Highway 287, at its intersection with Colorado Highway 1. The rezoning consists of a request to rezone 1.5 acres from the County's 0-Open to C-Commercial zones, to allow the sale of bedding plants and farm produce. The site presently contains a vacant building (1945 North College) and the surrounding land uses consist of commercial uses and a mobile home park to the west. The site is not eligible for annexation having no contiguous boundary to current city limits. In order for a property to be rezoned in the Urban Growth Area, it must be shown that the property will conform to the UGA Phasing Criteria. Of the four Phasing Criteria, the proposed development meets the requirement for public water capacity (provided by the City of Fort Collins), public street capacity (Highway 287 is considered to be an improved arterial at this location) and contiguity to existing development. A waiver is being requested for the requirement for public sewer capacity. The site is currently served by a septic system. Public sewer is approximately 850 feet from the site. The intent of the waiver process is to avoid the imposition of unnecessary impediments to infill development proposals or sites. Infi11 development sites are those in essentially developed portions of the Urban Growth Area whose impact on existing services and facilities is relatively minimal. Infill sites are differentiated, in the Larimer County Supplemental Regulations, from sites that require the extension or upgrading of basic infrastructure and other services and facilities, so that the development or use of the site can proceed (which, in the County's Regulations are referred to as "Sequential Development Proposals"). The Larimer County Commissioners may waive phasing criteria provided that: The waiver will not result in unplanned public expense for provision of public services, improvements, or facilities; The waiver is consistent with the intent and purpose of the County and adjoining municipality's Comprehensive Plan or Policies; 1 137 3. The waiver application contains material indicating approval may be ' granted without substantial detriment to the intent and purposes of the Supplementary Regulations which apply to the area; 4. The waiver application contains material indicating there are exceptional circumstances which apply to the specific piece of property which do not apply generally to the remaining property in the Urban Growth Area; and 5. The waiver application contains material indicating approval would not impair the public health and safety by creating undesirable traffic conditions, unhealthy sanitary conditions or adverse environmental influences in the area. This site is considered an infill site. The basic infrastructure needed to serve the site is in place. The area has developed without public sewer service and the site is served by a septic system. A note will be placed on the plat of the property requiring the property to connect to public sewer when sewer service is provided within 400 feet of the property. As a condition of granting the sewer waiver, the property also commits to entering into a special improvement district for the extension of sewer service in the area. The proposed rezoning provides for reuse of an existing building and impacts are expected to be minimal. Staff is recommending approval of the waiver request." Ken Waido, Chief Planner, gave a brief description of the requested waiver. Councilmember Janett asked what would trigger notification to the landowner to hook onto the sewer. ' Waido stated a notation is placed on the plat and as part of granting the waiver the applicant is required to agree to enter into a special improvement district. Councilmember Janett made a motion, seconded by Councilmember Apt, to adopt Resolution 93-105. The vote on Councilmember Janett's motion was as follows: Yeas: Councilmembers Apt, Azari, Janett, McCluskey, and Winokur. Nays: None. THE MOTION CARRIED. Resolution 93-106 Approving the Forms of a Fifth Supplemental Indenture and a Forbearance Agreement and Authorizing the Execution of the Fifth Supplemental Indenture and Other Documents Relating to the City's Industrial Development Revenue Bonds, The following is staff's memorandum on this item. 138 1 6 'FINANCIAL IMPACT The industrial development revenue bonds are not obligations of the City of Fort Collins. Repayment of the debt is made from revenues generated by the project or other revenues available to the owner. Therefore, there is no direct financial risk to the City. There is indirect risk to the City and to the .Downtown Development Authority because of the tax increment bonds. Beginning in 1995, the tax increment is projected to fall short of the annual debt service. The proponents of the refinancing project have requested a reduction in the assessment. While this would reduce the annual increment and increase the projected shortfall, it is projected to improve the viability of the project. Interest earnings, monies held in reserves, and a special reserve in the sales tax fund are available to cover the debt service for several more years. EXECUTIVE SUMMARY To assist in the financing and the redevelopment of The Opera House Project, the City of Fort Collins has issued $5.8 million of tax-exempt industrial development revenue bonds and $1 million of taxable industrial development revenue bonds. The bond issues were done with an agreement by the project owners and developers that the tax increment from the project would be sufficient to pay a proportionate share of the Downtown Development Authority's tax increment bond debt service. In addition to these amounts, Investors Real Estate Trust has loaned the project about $750,000 for construction and tenant finish. Fund America also has a $237,000 lien on the project. Despite the investment of these resources much of the project is vacant. ' The Opera House Project Bonds were first approved by the City in 1986. To complete the project, a series of modifications have been made to the original financing documents for the project and all have been approved by the Council. The bonds for the project are now or will be owned by Houlihan, Lokey, Howard & Zukin (Houlihan Lokey), a financial investment company that specializes in distressed property sales, restructuring, and refinancing. Through the changes to the trust indenture and the forbearance agreement, the bondholder will reissue only a portion of the tax-exempt revenue bonds. In addition, the bondholder will transfer additional cash to the project to complete the construction and interior of the project so that the vacant space may be leased. The combination of these two events, lower debt and finished space, are projected to allow the project to cover its costs. The Opera House Project has a history that reaches back to 1984. The developer of the project sought tax-exempt industrial development revenue bonds at that time. Due to some difficulties in finalizing the transaction, the project financing was not completed in 1984. An expanded project was conceived in 1986 and this project was approved for industrial development revenue bonds in the amount of $5.8 million. 139 The Opera House Project is a mixed use commercial development consisting of ' retail, restaurant and office space. The project is located in the middle of the 100 block of North College Avenue. The project includes three buildings and an enclosed mall and atrium which also serve as a covered pedestrian link between the LaPorte America parking lot and North College Avenue. The project consists of 27,200 square feet of net rentable retail and restaurant space and 46,500 square feet of net rentable office space. The financing for the project includes: S 5,800,000 Tax -Exempt Industrial Development Revenue Bonds 1,000,000 Taxable Industrial Development Revenue Bonds 750,000 Loan from Investors Real Estate Trust (Loaned to the Opera House Partnership to satisfy mechanics liens, construct tenant improvements, maintain reserve levels, and other related costs.) The Opera House Partnership agreed that it would not seek reassessment of the project (to lower property taxes) for the life of the DDA tax increment, 2006. The current owners of the project are bound by this agreement. The Opera House Partnership conveyed title to the pedestrian mall to the DDA in return for the DDA reimbursing the Partnership for the costs of constructing such improvements. The bondholder agreed not to seek reassessment of the project for a period of 5 years commencing July 20, 1990. The proposal from Houlihan Lokey has the following objectives: ' • Remarket $2.8 million of Tax -Exempt Bonds (the Senior bonds) • Establish a Capitalized Interest Reserve Fund which will be used to meet interest payments on the Senior Bonds during the initial leasing period • Retire, in full, all Taxable Bonds Repay the Investors Real Estate Trust Loan Pay all past due real estate taxes • Set up a Tenant Improvement Fund of about $1,050,000 • Create an Operating Reserve Fund of about $200,000 to fund cashflow shortfalls during the lease period. Houlihan Lokey has also expressed an interest in having the annual property taxes on the project reduced in order to increase the chances of a successful project. City and DDA staff have indicated that this is problematic in that by 1995 the tax increment bonds will need additional monies to cover annual debt service. The DDA will place debt service savings in 1992, 1993, and 1994 into a reserve account which will be used to offset tax increment shortfalls in subsequent years. In addition to the debt service savings, interest earnings on all reserves the City established a sales and use tax reserve of $200,000 to be used to cover shortfalls in the DDA tax increment collections, should the other 140 sources be completely used. The DDA Board discussed this item at its June 3 and June 30 meetings. The DDA Board agreed that the property tax agreement should be modified to assist in improving the economic viability of the project. Staff recommends approval of the resolution contingent on finalizing an agreement regarding the tenant finish for the project, parking arrangements and commitments, and the level of property taxes anticipated to be paid by the project in future years. Councilmember Horak, liaison to the DDA Board, has provided a memo summarizing his views on this subject." Alan Krcmarik, Director of Finance, gave a brief description of this item. He stated there is no direct debt that the City would need to cover with respect to Industrial Development Bonds. He stated the City would need to approve a modification to the agreement and approve a forbearance agreement. Rick Goodale, DDA Board Chairperson, stated the Board supports the Resolution and stated the goal is to increase the economic viability of the downtown area. He believed the Opera Galleria is an opportunity to increase that viability. He stated the Board believed the LaPorte -America lot is also a priority to secure as permanent parking. Councilmember Winokur made a motion, seconded by Councilmember McCluskey, to adopt Resolution 93-106. Councilmember McCloskey asked if the Board had an ownership preference of the LaPorte -America lot. Chip Steiner, DDA Executive Director, responded that the Board did not have a specific preference, but wanted to resolve the issue of the parking lot. He stated if the City purchases the lot, it is removed from the tax roles. City Manager Burkett stated that Council has authorized the City to acquire the lot. He stated Council has also authorized condemnation proceedings. He stated the City would be working with the owners to acquire the property and try to work out an arrangement. Councilmember Winokur asked if the values would increase if improvements were made to the building. Steiner stated the values would increase. He stated the Assessor would recognize the funds needed to complete tenant finish which would add to the value of the building. Councilmember Janett asked about the City's risk. Krcmarik stated the worst case would be that the City would still have a project that does not perform. He stated another case would be if the property were bought and the tenant space was not completely utilized. City Manager Burkett stated there are no guarantees. He stated if the City decided not to agree to a reduction in the property tax, then the deal to purchase could fall through. 141 Steiner stated that an agreement would require the purchaser to place any tenant I finish funds in escrow, which would provide the City with the documentation stating that the money is being spent for taxable improvements. Councilmember Janett stated the City owned part of the Galleria should provide easy access to the public for functions that might be held in the atrium. She stated that the reservation process for the atrium should occur locally. Steiner stated the property is managed by a receiver who does not give the property much attention. He stated if this deal were to go through, a local management firm might be chosen. Councilmember Winokur asked if the buyer were to fail to fulfill its portion of the agreement, will the City be released from any further obligations. City Attorney Roy stated if the buyer were to breach the agreement it will relieve the City of any obligations under that specific agreement. Councilmember Winokur stated he would support the Resolution. He stated the project has potential opportunities that deal with the parking lot. He stated as the project moves forward, the overall plan for parking in the downtown area should be reviewed. He believed that from a financial view point this project makes the most sense to the City. Councilmember McCluskey stated he would support the Resolution and expressed appreciation for the hard work the DDA has put forth on this project. Mayor Azari stated she would support the Resolution and was glad the parking lot I was part of the project. The vote on Councilmember Winokur's motion was as follows: Yeas: Councilmembers Apt, Azari, Janett, McCluskey, and Winokur. Nays: None. THE MOTION CARRIED. Items Relating to Utility Enterprise Ordinances. Adopted. 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. 142 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 I"). The significance of qualifying as an Amendment I 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. 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: 143 I . 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 I 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." City Attorney Roy presented Council with background information on this item. He stated the voters approved a Charter Amendment which enabled Council to ' establish by Ordinance any of the existing utilities as enterprises within the meaning of Amendment 1. Councilmember Winokur made a motion, seconded by Councilmember Apt, to adopt Ordinance No. 60, 1993 on First Reading. Councilmember Winokur stated he would support the Ordinances. He stated that the utilities are owned by the citizens and believed the utilities primary purpose is to meet the needs of the citizens. The vote on Councilmember Winokur's motion was as follows: Yeas: Councilmembers Apt, Azari, Janett, McCluskey, and Winokur. Nays: None. THE MOTION CARRIED. Councilmember Winokur made a motion, seconded by Councilmember Janett, to adopt Ordinance No. 61, 1993 on First Reading. The vote on Councilmember Winokur's motion was as follows: Yeas: Councilmembers Apt, Azari, Janett, McCluskey, and Winokur. Nays: None. THE MOTION CARRIED., Councilmember McCluskey made a motion, seconded by Councilmember Winokur, to ' adopt Ordinance No. 62, 1993 on First Reading. 144 ' The vote on Councilmember McCluskeyyIs motion was as follows: Yeas: Councilmembers Apt, Azari, Janett, McCluskey, and Winokur. Nays: None. THE MOTION CARRIED. Councilmember Apt made a motion, seconded by Councilmember McCluskey, to adopt Ordinance No. 63, 1993 on First Reading. The vote on Councilmember Apt's motion was as follows: Yeas: Councilmembers Apt, Azari, Janett, McCluskey, and Winokur. Nays: None. THE MOTION CARRIED. Resolution 93-107 Making Appointments to Various Boards and Commissions Adopted The following is staff's memorandum on this item. 'EXECUTIVE SUMMARY Vacancies currently exist on various boards and commissions due to resignations from board members 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. At its June 15 meeting, Council made appointments to 16 boards and commissions. This Resolution, which contains the names of those individuals recommended for appointment by each Council interview team, makes appointments to the following boards and commissions: Election Board Liquor/Massage Licensing Authority Planning and Zoning Board Retirement Committee Senior Advisory Board Interviews for the Electric Board, Storm Drainage Board, and.the Water Board (for a vacancy created by a resignation) have not been completed. These appointments will be made at a later meeting." Councilmember Winokur made a motion, seconded by Councilmember Apt, to adopt Resolution 93-107. Councilmember Janett stated that Joe Carroll was not reappointed to the Planning and Zoning Board. She stated there was a lot of support in favor of Mr. Carroll, but believed.the two new people appointed would further the Council's policy agenda. She thanked Mr. Carroll for his time and effort on the Planning and Zoning Board. 145 The vote on Councilmember Winokur's motion was as follows: Yeas: Councilmembers Apt, Azari, Janett, McCluskey, and Winokur. Nays: None. I THE MOTION CARRIED. Other Business Councilmember Apt stated he would like the "Bull Farm" item to become apart of the July 20th agenda and asked for more information on the Police complaint process. Councilmember Winokur made a motion, seconded by Councilmember Janett, to adjourn to 6:15 p.m. on Tuesday, July 13, 1993, to discuss mid -year performance reviews of the City Attorney, City Manager, and Municipal Judge. The vote on Councilmember Winokur's motion was as follows: Yeas: Councilmembers Apt, Azari, Janett, McCluskey, and Winokur. Nays: None. THE MOTION CARRIED. The meeting adjourned at 11:40 p.m. City Clerk • 146 1