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HomeMy WebLinkAboutMINUTES-04/21/1992-RegularApril 21, 1992 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council -Manager Form of Government Regular Meeting - 6:30 p.m. A regular meeting of the Council of the City of Fort Collins was held on Tuesday 21, 1992, at 6:30 p.m. in the Council Chambers of the City of Fort Collins City Hall. Roll call was answered by the following Councilmembers: Azari, Edwards, Fromme, Horak, Kirkpatrick, Maxey and Winokur. Staff Members Present: Burkett, Krajicek, Roy. Citizen Participation Carolyn Duff presented award checks to the International Women's Week/Month essay contest winners. Mayor Kirkpatrick along with Phil Friedman, member of the Natural Resources Advisory Board, presented plaques for the second annual Environmental Awards. Gina Jannett, 620 Colorado Street, representing the Air Quality Task Force, and Will Smith, representing the Natural Resources Advisory Board, reported on the results of the "no drive" challenge. They invited Council to participate in a ' "no drive" challenge. Rick Zier, representing the Fort Collins/Loveland Baseball Association, requested a resolution endorsing and supporting the Association's efforts in obtaining a Rookie Baseball League. Barbara Allison, 1212 Lynnwood Drive, expressed concerns regarding electrical inspections. Citizen Participation Follow-up Councilmember Fromme requested a two page memo regarding electrical inspections and expressed interest in a "no drive" challenge. Councilmember Azari requested a resolution putting the issue of the rookie baseball league on the May 5 agenda. Agenda Review City Manager Steve Burkett requested that Item #19, Resolution 92-67 of the Council of the City of Fort Collins Authorizing the City Attorney on Behalf of the City of Fort Collins to File a Motion to Intervene in the Appeal Filed by Old Town Partners 11 with the State Board of Equalization Denying a Reduction in Assessed Valuation for Certain Old Town Properties, be pulled from the Consent Calendar. 1 283 April 21, 1992 ' 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 #21, Pulled Consent Items. Consider approval of the minutes of the regular meeting of April 7. Items relating to the Issuance of City of Fort Collins General Obligation Water Improvement and Refunding Bonds. Tabling of Second Reading of Ordinance No. 30, 1992, Authorizing the Issuance of City of Fort Collins General Obligation Water Improvement Bonds, Series 1992A. Tabling of Second Reading of Ordinance No. 31, 1992, Authorizing the Issuance of City of Fort Collins General Obligation Water Refunding Bonds, Series 1992B. In 1986, the City of Fort Collins issued General Obligation Water ' Refunding and Improvement Bonds in the amount of $33,030,000. The bonds have been used to construct improvements to the water treatment facilities and to acquire water rights. On February 18, Council unanimously adopted Ordinance No. 31, 1992, which authorizes the refunding of the 1986 bonds, provided that a 3% present value savings can be achieved. On February 18, Council also unanimously approved Ordinance No. 30, 1992, which authorized the issuance of new bonds to finance improvements to the City's water treatment plant. The improvements include a back wash water solids separation facility, three mixed -media sand filters, modification and additions to the chemical storage and feed systems, a maintenance facility, a new 60-inch outlet and connecting piping for one of the existing 15 million gallon treated water storage reservoirs and other miscellaneous improvements. The two bond issues have been combined into one issuance process to save legal, printing, and other costs of financing. However, interest rates have not reached and will not reach the levels necessary to provide the desired level of savings before April 21, 1992. Therefore, staff recommends postponing consideration of both items under the next regular Council meeting on May 5, 1992. 284 a April 21, 1992 Ordinance No. 144, 1991, authorized the Purchasing Agent to enter into a lease purchase financing agreement with Public Finance Group Inc., at the interest rate of 6.6715, for acquisition of vehicles and equipment. The Purchasing Agent entered into a lease purchase agreement with Public Finance Group Inc. on January 22, 1992. Public Finance was obligated by the Lease Purchase Agreement to place $728,044 into the City's escrow account on February 6, 1992. As of February 25, the money from Public Finance had not been deposited in the City's escrow account. At that time, the City formally notified Public Finance of the need to correct this default. Public Finance then withdrew from the Lease Purchase Agreement. Consequently, the City has solicited new proposals from 10 firms for lease -purchase financing for the City's vehicle, equipment and cable requirements. The proposal meeting all City requirements and offering the lowest net effective interest rate of 6.3422% was received, from SAFECO CREDIT CO., INC. ' 10. Second Reading of Ordinance No. 47, 1992, Amending Section 29-678 of the Code Relating to Reimbursements. Under Section 29-678 of the Zoning Code, if a developer or other person constructs a street through undeveloped property, then that person may execute a reimbursement agreement with the City. This agreement states that the City may try to collect the construction costs for the original street builder when the undeveloped property applies for development approval. The City would attempt to collect this street construction cost and reimburse the original installer of the street, less a three percent (3%) administration fee. This Ordinance, which was unanimously adopted on First Reading on April 7, changes the time limit that a developer has to apply for a reimbursement agreement from ninety days to twelve months, allows redevelopment of a property to trigger its obligation to repay street construction costs, and specifies the information required to apply for a reimbursement agreement. In 1991, the City created a money purchase program for active members of the Fire Fighter's Pension Plan that desired to transfer. City staff anticipated that the members remaining in the Fire Fighter's Plan would be converted to individual annuity contracts during 1991. Monies in the plan ' were projected to be sufficient to acquire the annuities. Late in 1991, 285 12. 13. April 21, 1992 , interest rates began to decline and the decision to purchase the contracts was delayed. As this occurred after the budget was adopted, the City entered 1992 without an appropriation to make monthly payments to the retired members and beneficiaries of the Plan. This Ordinance, which was unanimously adopted on First Reading on April 7, provides the expenditure authorization for monthly payment to the beneficiaries of the Fire Fighter's Plan. Staff will continue to monitor interest rates, obtain annuity quotes, and implement the transfer to annuities when interest rates allow. At that time the remaining funds necessary for the conversion to the annuities will be requested. The City of Fort Collins General Employees Retirement Plan (GERP) is intended to provide retirement benefits for the majority of the City's employees. As of January 1, 1991, the Plan had 664 active members, 130 terminated members with vested pension rights, and 86 retired members. Over the past two years, the General Employees Retirement Committee (GERC), with assistance from legal counsel and the Plan's actuary, identified and studied a number of changes to the Plan. The changes clarify, explain, and redefine the Plan's provisions to conform to new ' Internal Revenue Service regulations, provisions of the Colorado Revised Statutes, and otherwise incorporate certain administrative practices. On April 7, Council unanimously adopted Resolution 92-56 Adopting the City of Fort Collins General Employees Retirement Plan As Amended and Restated. Given the number of changes that have been incorporated into the Plan in 1990 and 1992 and the changing environment of the pension field, the GERC recommends conducting an educational and communication program. This ordinance, which was unanimously adopted on First Reading on April 7, provides funding of $4,500 for the first phase of the communication program. The library system must be replaced within the next two years. Money appropriated in 1990 does not cover project costs. Staff is requesting an additional $236,000 for implementation. This Ordinance, which was unanimously adopted on First Reading on April 7, authorizes the financing by lease -purchase. El April 21, 1992 14. The developer of the Kinder Care site at 1100 Rocky Mountain Way entered into an agreement with the City for the improvement of the 127 foot section of Shields Street adjacent to its site. The City completed these improvements in conjunction with the Choices 95 capital project, Shields - Davidson to Casa Grande. At the time the street improvements were completed, the City requested reimbursement from Kinder Care in the amount of $9,976, which was the amount of the developer's share of the improvement costs. Kinder Care has paid this amount. Normally, this appropriation would be included in the annual clean up ordinance at the end of the year. However, because the City plans to complete the Shields -Davidson to Casa Grande project this summer with the construction of a traffic signal at Rocky Mountain Way, and wishes to apply any project savings to other capital projects, it is necessary to appropriate the unanticipated revenue from the Kinder Care reimbursement at this time. 15. Conceptual design is nearly complete for a combination of three Choices 95 projects --the Prospect/Shields and Prospect/Taft Hill Intersections, and Prospect from Shields to Taft Hill. The conceptual design reflects the input received from the public and from City staff through an extensive public participation process. The conceptual design proposes four through lanes and left and right turn lanes at the two intersections to improve traffic capacity. The design also proposes widening Prospect from Shields to Taft Hill to provide four through lanes, a continuous center turn lane, on -street bicycle lanes, curb, gutter and sidewalk. 16. This Ordinance will vacate excess right-of-way for the extension of Southridge Greens Boulevard south across Southridge Golf Course and into the Paragon Point P.U.D. 17. The applicant, Lester Kaplan, on behalf of the property owner, Harold ' Webster, has submitted a written petition requesting annexation of 91.0353 287 In 19. all acres located west of County Road No (County Road No. 40). April 21, 1992 9 and north of East Horsetooth Road The proposed Resolution makes a finding that the petition substantially complies with the Municipal Annexation Act, determines that a hearing should be established regarding the annexation, and directs that notice be given of the hearing. The hearing will be held at, the time of first reading of the annexation and zoning ordinances. Adoption of the Resolution would result in the City receiving income from grazing fees for Meadow Springs Ranch. At the agreed upon rate of $11.00 per animal unit per month, the lease should generate gross revenues of $65,000 to $75,000 in 1992. Old Town Associates, Ltd., (the "previous owner") the previous owner of properties in Old Town, entered into agreements with the DDA wherein certain improvements would be constructed at a cost of not less than eight million one hundred five thousand eight hundred forty-eight dollars ($8,105,848). The previous owner agreed to certify this amount to the Larimer County Assessor and to consent to establishing the assessed value of such improvements on that amount. These improvements were financed through the issuance by the City of Fort Collins of DDA tax increment bonds which were to be repaid by the tax increment generated by the previous owner's property. Routine Deeds. Easements from Harmony Road Corporation needed for Shields Street storm drainage and trail. Monetary consideration: Donation. Items on Second Reading were read by title by City Clerk Wanda Krajicek. 91 A. April 21, 1992 B. 9. 10. Se Co 11. Se Re 12. Se Re 13. Items on First Reading were read by title by City Clerk Wanda Krajicek. ' 14. Hearing and First Reading of Ordinance No 51 1992 Appropriating Unanticipated Revenue in the Capital Projects Fund for the Shields- 15. 16. Councilmember Edwards made a motion, seconded by Councilmember Azari, to adopt and approve all items not removed from the Consent Calendar. Yeas: Councilmembers Azari, Edwards, Fromme, Horak, Kirkpatrick, Maxey and Winokur. Nays: None. THE MOTION CARRIED. 1 289 V April 21, 1992 ' Resolution 92-67 of the Council of the City of Fort Collins Authorizing the City Attorney on Behalf of the City of Fort Collins to File a Motion to Intervene in the Appeal Filed by Old Town Partners II with the State Board of Equalization Denying a Reduction in Assessed Valuation for Certain Old Town Properties, Adopted The following is staff's memorandum on this item. "FINANCIAL IMPACT Old Town Partners II is requesting a reduction in the assessed valuation for its property in Old Town. The County Assessor established an actual valuation of $4,201,500. The appeal is believed to request a reduction to an amount between $1.5 million and $2.2 million. A reduction in the assessed value of the Old Town Partners II Project would decrease the tax increment paid to the Downtown Development Authority (the "DDA") by $50,000 to $70,000 annually. Due to the debt service savings resulting from the recent tax increment bond refunding, the DDA's ability to pay debt service from tax increment is not in question, however, the number of projects that the ' DDA will be able to do in the future may be reduced. The larger financial concern regarding a successful appeal is the precedent that it may set for other properties, not only in the Downtown but in all areas of the city. The projected cost of the DDA and City in intervening in the appeal is a total of $14,000 to $18,000 which would be split equally between the two parties. EXECUTIVE SUMMARY Old Town Associates, Ltd., (the "previous owner") the previous owner of properties in Old Town, entered into agreements with the DDA wherein certain improvements would be constructed at a cost of not less than eight million one hundred five thousand eight hundred forty-eight dollars ($8,105,848). The previous owner agreed to certify this amount to the Larimer County Assessor and to consent to establishing the assessed value of such improvements on that amount. These improvements were financed through the issuance by the City of Fort Collins of DDA tax increment bonds which were to be repaid by the tax increment generated by the previous owner's property. Problem Old Town Partners II, (the "current owner") has petitioned the County Board of Equalization to reduce the assessed value of the property thereby reducing the ' 290 1 April 21, 1992 amount of tax increment paid annually to the DDA. The Board denied the request, but the matter has been appealed to the State Board of Assessment Appeals . Preliminary estimates indicate that the proposed reduction in assessment could mean a tax increment revenue loss of $70,000 per year in the monies used to pay the debt service on the bonds issued to finance the improvements made to the property. Any deficiency in tax increment revenues would have to be made up from sales tax revenues. A reduction in value for this property could set a precedent which could be followed by other property owners within the district and throughout the City, for if property in the DDA is revalued, other property in the rest of the City could follow. This would decrease property tax revenues for the City, the Poudre Fire Authority and other government agencies. City Options Under both the State Administrative Procedures Act and the rules of the Board of Assessment Appeals, a person who may be affected or aggrieved by agency action may, at the Board's discretion, be admitted as a party and participate in the appeal. The DDA Board has approved a resolution authorizing its legal counsel to file a motion to intervene in the pending appeal. The motion to intervene has been filed. The DDA has requested that the City file a similar motion so that ' the City could present testimony on behalf of the City regarding the impact of a reduction in assessed value. Staff recommends that the resolution be approved so that the City can be given status as a party to this action." City Manager Steve Burkett stated the owners of Old Town Plaza have filed an appeal on the assessed value of the property, and urged Council to adopt the resolution, noting the resolution authorizes staff to intervene if necessary and that there is a tentative agreement to settle the issue. Councilmember Azari made a motion, seconded by Councilmember Winokur, to adopt the revised version of Resolution 92-67. The vote on Councilmember Azari's motion was as follows: Yeas: Councilmembers Azari, Edwards, Fromme, Horak, Kirkpatrick, Maxey and Winokur. Nays: None. THE MOTION CARRIED. Staff Reports Mayor Kirkpatrick gave an update on activity regarding the National Heritage Area. Councilmember Winokur reported he would be attending a U.S. Forest Service Legislative Affairs, meeting in Washington D.C. and would bring back any information available regarding the National Heritage Area. 1 - 291 April 21, 1992 ' Resolution 92-66 Amending Resolution 91-85 Concerning the 1991-92 CDBG Program's Putnam/Fullana Playground Acquisition Project, Adopted The following is staff's memorandum on this item. "EXECUTIVE SUMMARY In June 1991, the City Council adopted Resolution 91-85 which approved the allocation of $25,000 of FY 1991-92 Community Development Block Grant (CDBG) funds to the Putnam-Fullana PTO for a "Playground Acquisition Project." On November 25, the PTO assigned its rights to the CDBG funds to the Poudre R-1 School District. This assignment was made in anticipation that the School District would be the owner of the property. On December 3, the Council adopted Resolution 91-160, authorizing delivery of the $25,000 for land acquisition and equipment purchase to the School District in lieu of the Putnam-Fullana PTO. On February 21, 1992, the School District forwarded a letter to the City requesting that the CDBG funds be used just for purchasing playground equipment, eliminating the land acquisition portion of the project. The requested change is due to the cutback in State funding for the District which has caused the District to change certain priorities. The attached resolution would amend Resolution 91-85 changing a land acquisition project to a playground equipment purchase project. ' The CDBG Commission recommends denial of the requested change and recommends the funds be reprogrammed. BACKGROUND: In June 1991, the City Council adopted Resolution 91-85 which approved the allocation of $25,000 of FY 1991-92 Community Development Block Grant (CDBG) funds to the Putnam-Fullana PTO for a Playground Acquisition Project. The PTO proposed using the funds for the acquisition of a 276 x 135 foot vacant lot (about .85 of an acre) adjoining the east boundary of the Putnam School athletic fields. The project also contemplated, if excess funds permitted, the purchasing of additional playground equipment. The acquisition of property was to be used to expand the school's playground and athletic fields for neighborhood and community use. On November 25, the PTO assigned its rights to the CDBG funds to the Poudre R-1 School District. This assignment was made in anticipation that the School District would be the owner of the property. On December 3, the Council adopted Resolution 91-160, authorizing delivery of the $25,000 for land acquisition and playground equipment purchase to the School District in lieu of the Putnam- Fullana PTO. On February 21, 1992, the School District forwarded a letter to the City, copy attached, requesting that the CDBG funds be used just for purchasing playground ' equipment, eliminating the land acquisition portion of the project. The 292 April 21, 1992 requested change is due to the cutback in State funding for the District which has caused the District to change certain priorities. On March 10 staff forwarded a memorandum to the Council and the CDBG Commission concerning the School District's request. Several CDBG Commission members contacted staff and indicated that they were not comfortable with the proposed change and requested the issue be discussed by the entire Commission. We believe the revised project will continue to meet CDBG criteria. CDBG COMMISSION RECOMMENDATION: On Thursday Apri 1 9, the CDBG Commission discussed the proposed change in the use of funds requested by the School District. The Commission voted 9-0 to recommend denial to the Council of the requested change from a land acquisition to a playground equipment purchase project. The Commission recommends the funds be reprogrammed and that the School District be allowed to make an application for the purchasing of playground equipment during the next program year. The Commission believes the request represents a significant change in the scope of the project and should be evaluated in comparison with other applicants. The Commission is against awarding CDBG funds for a specified purpose and then having the specified purpose change in mid -year to another project. A copy of the ' Commission's minutes is attached. If Council decides to uphold the CDBG Commission recommendation, the Council should not approve the resolution." Planning Director Ken Waido gave a presentation on this item. Councilmember Horak made a motion, seconded by Councilmember Winokur, to adopt Resolution 92-66. Jim Sandoval, Poudre R-1, outlined the circumstances that preceded the Resolution. He reported an offer was not made on the property due to unresolved legal issues and federal regulations regarding access to the property. Councilmember Winokur questioned if federal regulations on the purchase of equipment would apply as they do for the purchase of property. Mr. Sandoval clarified the same regulations do apply but felt controlling the accessibility would be easier during the day. He spoke of the shortfall in School District funding. Tom Daugherty, CDBG Chairperson, stated that in fairness to other applicants the project should be reviewed for reconsideration in the 1992-93 cycle in its present form to allow the Commission time to prepare a recommendation to Council based on the other projects. ' Mike Lohman, member of the Putnam Park Committee and the Putnam PTO, reported on 293 April 21, 1992 ' recent fund raising events to raise money for the equipment. He spoke of land acquisition funding concerns. John Cross, Putnam PTO member, urged Council to support the Resolution and stated the purchase of the equipment was as important as the acquisition of the property in the overall plan. Bill Miles, Principal of Putnam/Fullana, spoke of HUD funding regulations and the need for development of a park in the area. He urged Council to adopt the Resolution. Jan Eley, parent from the Putnam/Fullana area, spoke of the lack of park area in the Northwest neighborhoods and asked Council to support the Resolution. Ann Geer, Playground Committee member, spoke in support of the Resolution. Tammy Carlson, a Putnam parent, spoke of overall enthusiasm for the park and urged Council to support the Resolution. Barbara Allison, 1212 Lynnwood Drive, spoke in opposition to the Resolution. Chief Planner Ken Waido clarified the majority of the funding was for the acquisition of the land and excess funds would be used toward the purchase of playground equipment. ' Councilmember Azari questioned the PTO's relationship with the School District in creating a combination playground/community area. Mike Lohman stated the District and the PTO's concept is to create and maintain the location as a community park. Jim Sandoval clarified that Poudre R-1 would be maintaining the property. Tammy Carlson, a Putnam parent, reported on the amount of money raised by the PTO committee. Councilmember Edwards inquired if Council had appropriated funds for a similar project at a different location. Councilmember Azari spoke of investigating different funding sources and forming a three way partnership between HUD, the School District, and the City to develop the park site. Councilmember Horak supported the Resolution and commended the work of the PTO. He stated it was important to investigate various possibilities for the acquisition of the land. 294 1 April 21, 1992 Councilmember Azari stated she would support the use of CDBG funds for purchasing the equipment provided a three way development of the property would continue to create an improved situation in the neighborhood. Councilmember Edwards spoke in opposition to the Resolution. Mayor Kirkpatrick stated she supported the Resolution and spoke of the need to acquire the property. The vote on Councilmember Horak's motion to adopt Resolution 92-66 was as follows: Yeas: Councilmembers Azari, Fromme, Horak, Kirkpatrick and Winokur. Nays: Councilmembers Edwards and Maxey. THE MOTION CARRIED. Resolution 92-68 Establishing Policy for Time Payment of Wastewater Plant Investment Fees, Failed. The following is staff's memorandum on this item. "FINANCIAL IMPACT ' The number and size of time payment loans is expected to be relatively small. It is anticipated that there would not be more than about two businesses in a typical year using time payments to pay 75% of PIFs ranging from $9,000 to $31,000 each. However, the potential exists for a large industry with high strength wastewater to come to Fort Collins as was the case with Anheuser-Busch. Therefore, the financial impact on the Wastewater Utility would not be significant. EXECUTIVE SUMMARY In February, 1991, the City Council unanimously adopted Ordinance No. 8, 1991 which raised the wastewater plant investment fees (PIFs) for non-residential customers. The increase was based on a cost -of -service study conducted by staff in conjunction with James M. Montgomery Engineers. The ordinance made two major changes to the wastewater plant investment fee structure. First, the charge for a commercial discharger with a 314 inch water tap was increased as compared to the charge for a residential discharger with a 314 inch tap. This was done because the study showed that commercial customers discharge an average of 44% more wastewater than residential customers. Second, for those industrial dischargers with a high strength discharge, an additional surcharge was added to compensate for the additional costs of treating high strength wastewater, Letters were sent to fourteen developers, realtors and community organizations 295 April 21, 1992 ' informing them of the proposed ordinance change. Fort Collins, Inc. expressed concern about the increases and as a result, a provision was included in the ordinance to allow for a time payment policy if established by the City Council. Council asked that staff prepare a time payment policy for consideration, resulting in this resolution. The need to adopt a time payment policy for PIFs was considered by both the Water Demand Management Committee and the Wastewater Master Plan Committee. The Demand Management Committee did not recommend time payment of water PIFs because the increase was comparatively small and the Committee believed that time payment should be considered in the context of all development fees, not just PIFs. The Wastewater Master Plan Committee recommended that a time payment policy be adopted for wastewater PIFs because increases were more substantial, particularly for high strength dischargers. The Committee endorsed the cost of service basis for the PIFs, but believed that having a time payment option available would reduce the impact on potential new businesses wanting to develop in Fort Collins. The time payment option would apply to those businesses with a water tap that is I and 112 inches or larger and with a PIF of $9,100 or more. The Committee recommended that a 25% down payment on the wastewater PIF be required at the time the permit is issued, that the term of the loan be limited to five years, and that the interest rate should be 4% above the prevailing prime ' rate. The 4% above prime rate was intended to discourage competition with private lenders since local banks charge between 3 to 3-112 percent above prime. An executed promissory note from the customer would be required before the loan is authorized and, the City may require a deed of trust secured by a promissory note on the real property to be served by the sewer tap. Monthly installment charges will be included on the monthly utility bills and the water could be turned off if payments become delinquent. The Water Board considered the time payment option at its January 17 meeting and is recommending that Council adopt the policy. The vote was 7-3 and the minutes of the meeting are attached. Staff Concerns: This resolution was developed in response to a request from Council as a possible economic development incentive. Implementing a time payment for wastewater PIFs does not help the operation of the Wastewater Utility. Conversely, it would not be particularly cumbersome or costly to administer. However , staff has some concerns as to whether the decision to serve as the "banker" for this particular development fee should be made in isolation from the remaining city development fees. Secondly, additional information should P0I1 ' April 21, 1992 probably be gathered from the customers to verify that this is a service that is needed and would be used. This is especially true if the service is expected to eventually apply to other development fees. There are legitimate reasons to provide this service if the Council believes it is an important feature to include in the City's overall economic development policy. However, certain liabilities exist if this is a precedent for time payments of other development fees, such as street oversizing or storm drainage. While not exactly the same, the liabilities are similar to those associated with Special Improvement Districts. As has been seen, the fact that fees or assessments may be collectible through a Lien on a piece of property does not mean that payments are easily collected. In a worse case situation, a developer committed to make the time payments could default, leaving the City in the awkward position of deciding whether or not to turn off the water and wastewater service to the tenant, foreclose the lien, etc. Options: There appear to be several options the Council could pursue: 1) Pass the time payment proposal as submitted (Resolution 92---J. This would impact only the Wastewater Plant investment fee and would leave open the option of developing similar policies for other development fees at some point in the future if deemed necessary. 2) Do not pass the proposed policy. This would send a message that Council does not believe this is a service that the City wants to provide at this time. 3) Council discussion -- no action at this time. Incorporate into the Costs of Development item on the Council Work Plan. This would allow the decision to be put in context with other development fees. It would also provide a better forum for the customers and other impacted parties to discuss the value of providing this type of service. CONCLUSION: This is not an item about which the City staff feels strongly one way or the other at this time. In itself, permitting time payments to be made for wastewater plant investment fees would not have a significant impact on the City finances or its work load. Staff would feel differently, however, if this proposal is viewed as setting a precedent for other development fees. In the final analysis, staff is relatively comfortable with all three of the options listed above. However, Option 3 is recommended." Utilities Director Rich Shannon gave a presentation on this item and outlined the options. ' 297 April 21, 1992 City Manager Steve Burkett offered a fourth option for Council's consideration which would amend the Resolution. deleting the adoption of the procedure. He ask Staff to bring back procedures within a month for Council approval in order to allow time to work with the Finance Staff to develop the procedures. Councilmember Azari made a motion, seconded by Councilmember Maxey, to adopt Resolution 92-68 deleting the 5th WHEREAS paragraph, and adding a sentence in the NOW THEREFORE clause to read, "the City Manager is directed to submit for Council approval, by May 19, 1992, proposed procedures to implement this policy." Councilmember Winokur questioned if Wastewater Utility Funds would be used to pay for the program. Mr. Shannon clarified that "in -kind" services would be used in the administration of the program. Councilmember Azari clarified that PIF's were created only as an option and not created for all businesses to use. Councilmember Horak stated if there was a need for the program it should be incorporated outside of the utility structure into an economic development fund. Councilmember Fromme emphasized the need to help local businesses and opposed ' creating incentives that would attract new businesses to Fort Collins. Councilmember Maxey clarified PIF's would also apply to existing businesses relocating within the City. Councilmember Winokur spoke of fee waiver policies and stated he supported the staff recommendation. Mayor Kirkpatrick spoke in opposition to the Resolution but stated she would like to retain it as an option for the Cost of Development Study. The vote on Councilmember Azari's motion to adopt Resolution 92-68 as amended was as follows: Yeas: Councilmembers Azari and Maxey. Nays: Councilmembers Edwards, Fromme, Horak, Kirkpatrick and Winokur. 11211=N12141a y, litla Resolution 92-71 Assigning a Councilmember as Liaison to the Cultural Resources Board and Appointing a Councilmember to the Health and Safety Committee, Adopted. The following is staff's memorandum on this item. 02 April 21, 1992 "EXECUTIVE SUMMARY Mayor Pro Tem Azari has requested that a Councilmember be selected to replace her as the liaison to the Cultural Resources Board. Mayor Kirkpatrick has requested that a Councilmember be selected to replace her as a member of the Health and Safety Committee. Resolution 91-100, adopted by Council on July 2, 1991, establishes a policy for making such interim appointments as necessary. This Resolution will appoint two Councilmembers to serve until such time as new appointments are made." Councilmember Maxey made a motion, seconded by Councilmember Winokur, to adopt Resolution 92-71 inserting the name of Dave Edwards. The vote on Councilmember Maxey's motion was as follows: Yeas: Councilmembers Azari, Edwards, Fromme, Horak, Kirkpatrick, Maxey and Winokur. Nays: None. THE MOTION CARRIED. Resolution 92-72 Making Appointments to the Transportation Board. Adopted. ' The following is staff's memorandum on this item. "EXECUTIVE SUMMARY At its March 3, 1992 meeting, Council adopted on second reading Ordinance No. 29, 1992 creating the Transportation Board. The Board's duties are to advise the City Council on matters pertaining to the City's transportation policies and system including, but not limited to, transportation planning, alternative modes planning (including bikeways, pedestrian facilities, transit, air trans- portation, and van and car pooling), capital improvement projects, downtown parking management, and other transportation issues as identified in the Board work plan. Additionally, the Board will review the City's interaction with federal, state and county government, as well as the North Front Range Transportation and Air Quality Planning Council, Colorado State University, and Poudre R-1 on transportation related issues. The Board will coordinate its policy review with other appropriate City boards and commissions as needed. This coordination is intended to provide an integrated review of transportation issues as they relate to other policy areas such as air quality, natural resources and land use. The Board will ensure that an element of its policy review will include appropriate community input. Following creation of the Board, advertisements were placed. Councilmembers Fromme and Horak conducted interviews and are recommending the following individuals be appointed to the Board to serve terms as indicated below: ' 299 April 21, 1992 ' Name Expiration of Term Mike Egeland July 1, 1994 Paul Valentine July 1, 1994 Sharone Mekelburg July 1, 1994 Sara Frazier July 1, 1995 Mike Poppenwimer July 1, 1995 Jim Reidhead July 1, 1995 Elizabeth Hudetz July 1, 1996 David Lemesany July 1, 1996 Colin Gerety July 1, 1996" Councilmember Horak made a motion, seconded by Councilmember Fromme, to adopt Resolution 92-72. Councilmember Fromme gave a report on the candidate selection process. Pete Salg, Chairman of the Legislative Affairs Committee of the Chamber of Commerce, urged Council to create an equal balance of candidates in the Boards and Commissions appointment process. Councilmember Maxey stated he opposed the composition of the Transportation Board appointees. ' Councilmember Maxey made a motion to table Resolution 92-72. MOTION FAILED DUE TO LACK OF A SECOND. Councilmember Horak stated if Councilmembers have certain expectations regarding criteria of candidates for the Boards and Commissions appointments they need to be discussed prior to the interview and appointment process. Councilmember Fromme briefly spoke of the candidates enthusiasm in beginning work on the project. Councilmember Edwards stated he did not feel the candidates were equally balanced and opposed 'the Resolution. The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers Azari, Fromme, Horak, Kirkpatrick, and Winokur. Nays: Councilmembers Edwards and Maxey. THE MOTION CARRIED. OTHER BUSINESS Councilmember Azari made a motion, seconded by Councilmember Horak, to continue ' development of a three way partnership in the Putnam area and to request a 300 April 21, 1992 revised workplan from the three members, those being the City, Putnam School backed up by Poudre R-1 Administration, and the PTO, to acquire, develop and maintain the playground park area concept. Councilmember Azari spoke of her desire to acquire the land and said she was impressed by the leadership and initiative of the people in the area. Jan Eley, parent from the Putnam/Fullana area, spoke in support of the concept. Councilmember Fromme supported the motion and commended the parents for their involvement. Councilmember Winokur supported the motion and requested that the proposed joint partnership process be ongoing. The vote on Councilmember Azari's motion was as follows: Yeas: Councilmembers Azari, Edwards, Fromme, Horak, Kirkpatrick, Maxey and Winokur. Nays: None. THE MOTION CARRIED. Councilmember Winokur made the following requests for two page memos: 1) The opportunity and costs involved with televising Council Committee meetings, 2) ' registration of paid lobbyists, and 3) donations to the Senior Center. He spoke of a memo that was recently received marked confidential and requested information regarding grounds for the confidential status. Councilmember Horak requested assistance from staff in analyzing information received from Senator Schaeffer regarding the position he holds regarding Senate Bill 117. Councilmember Horak requested a worksession that would address expectations for Boards and Commissions appointments prior to the interview process. ADJOURNMENT The meeting adjourned at 10:15 p.m. ATTEST: yor �`�City Clerk"r 301