HomeMy WebLinkAboutMINUTES-05/05/1992-Regular' May 5, 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 Tuesday,
May 5, 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
Art Parker, a representative of the Greeley Stampede Committee, read a
proclamation declaring July 4, 1992 as Fort Collins Day at the Greeley
Independence Stampede.
William Kay, 301 N. Whitcomb, spoke of his concerns about City employees'
attitudes and expressed thanks and satisfaction with the resolution of previous
' landscaping/water line problems.
Earl Wilkinson, 926 Valleyview Road, commented on the hard work of the Ad -hoc
Transportation Committee and expressed his dismay in the manner with which the
Committee was disbanded.
Mayor Kirkpatrick presented the proclamation naming May 11-15 as National Nursing
Home Week.
Citizen Participation Follow -Up
Councilmember Fromme, in response to Mr. Wilkinson's comments, stated she had
requested a letter of thanks be sent to Mr. Wilkinson and inviting him to attend
the newly formed Transportation Committee meeting to give a background on the Ad -
hoc Transportation Committee.
Councilmember Horak reflected that a work session was held with members of the
Ad -hoc Transportation Committee in which an update on Council's direction was
given.
Agenda Review
City Manager Burkett referenced the blackline copy of the ordinances on Item #20,
' Second Reading of Ordinance No. 30, 1992, Authorizing the Issuance of City of
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May 5, 1992 I
Fort Collins General Obligation Water Bonds, Series 1992 A, and Second Reading
of Ordinance No. 31, 1992, Authorizing the Issuance of City of Fort Collins
General Obligation Water Refunding Bonds, Series 1992B.
Councilmember Horak requested that Item #11, Hearing and First Reading of
Ordinance No. 54, 1992, Amending Chapter 26 of the Code of the City of Fort
Collins Relating to the Waiver of Payment of the Water Plant Investment Fee for
Service Areas, Departments and Divisions of the City of Fort Collins and for the
Poudre Fire Authority, and Item #14, Resolution 92-75 Authorizing the Mayor to
Enter Into an Agreement with the State Board of Agriculture by and through the
Executive Branch of the Associated Students of Colorado State University for the
Purpose of Providing Transit Services, be withdrawn from the Consent Calendar.
Consent Calendar
This Calendar is intended to allow the City Council to spend its time and energy
on the important items on a lengthy agenda. Staff recommends approval of the
Consent Calendar. Anyone may request an item on this calendar be "pulled" off
the Consent Calendar and considered separately. Agenda items pulled from the
Consent Calendar will be considered separately under Agenda Item #16, Pulled
Consent Items.
7
Al
Consider approval of the minutes of the regular meeting of April 7.
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. This Ordinance, which was unanimously adopted on First
Reading on April 21, makes that appropriation.
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May 5, 1992
Capital Projects.
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.
The cost estimate of the improvements identified in the conceptual design
exceeds the amount available in the Choices 95 budgets for the three
projects by $746,000. The increases in cost is the result of an error in
the original budget estimate and in changes in the scope of the
recommended improvements. This Ordinance, which was unanimously adopted
on First Reading on April 21, authorizes the transfer of appropriations
and appropriates funds in the Capital Projects Fund.
10. Second Reading of Ordinance No. 53, 1992 Vacating a Portion of the
Southridge Greens Boulevard Right -of -Way on the Paragon Point P.U.D. and
Across the Southridge Golf Course.
This Ordinance, which was unanimously adopted on First Reading on April
21, vacates excess right-of-way for the extension of Southridge Greens
Boulevard south across Southridge Golf Course and into the Paragon Point
P.U.D.
The proposed change to the City Code would allow the Water Utility to
waive the requirement for City service areas, departments, and divisions
and the Poudre Fire Authority to pay water plant investment fees (PIFs)
for specific installations which do not adversely affect the utility's
ability to treat and deliver water. The Code change would apply only to
water PIFs under this special circumstance. City departments will still
be required to pay water PIFs under normal circumstances, as well as pay
other development fees and monthly service fees.
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May 5, 1992
Hearing and First Reading of Ordinance No. 55, 1992 Vacating Right -of -Way
for Colboard Drive as Dedicated on the South College Investments
Subdivision.
At a public hearing on April 14, 1992 the Planning Director approved the
Olive Garden Minor Subdivision, a replat of Lots 3, 4, and 5 of the South
College Investments Subdivision. The property is located along the north
side of Boardwalk Drive between Mason Street and South College Avenue.
The owner of the Olive Garden Minor Subdivision has requested vacation of
the Colboard Drive right-of-way, which bisects the property, as dedicated
by the previous plat (South College Investments Subdivision). This
portion of street right-of-way is no longer needed by the City since a
street connection in this location was never constructed and is no longer
planned.
Resolution 92-73 Authorizing the City to Enter into an Intergovernmental
Agreement with the Larimer County Department of Social Services Concerning
the Investigation of Child Abuse/Neglect Cases.
House Bill 1002, which was signed into law on May 24, 1991, specifically
states that the General Assembly intends for each law enforcement agency
and respective County Department of Social Services to develop and
implement cooperative intergovernmental agreements to coordinate the
duties of both agencies in connection with the investigation of child
abuse and neglect cases. The focus of the agreement should be to ensure
the best protection possible for the abused or neglected child.
The proposed intergovernmental agreement meets the above objectives and
helps in formalizing interagency cooperation, assistance, responsibilities
and reporting of intrafamilial, institutional, and third -party abuse and
neglect cases. The agreement further solidifies the excellent working
relationship which already exists between Police Services and the Larimer
County Department of Social Services in case investigations of these
types.
Transfort began the implementation of the Transit Develobment Program
1991-1995 (TDP) and Campus Transit Plan 1991-1995 in 1991. As a part of
that effort, service to the central campus was improved and implemented
in August 1991. This agreement continues the financial formula that has
been used in the past, but allows the City and ASCSU to work directly on
service refinements and planning. This agreement reflects a fee rate of
$3.60 per semester for CSU students for the spring semester only. The
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May 5, 1992
agreement was delayed due to the confusion surrounding the negotiations
between the City and ASCSU on new fee levels for the fall semester 1992.
15. Routine Deeds and Easements.
a. Powerline Easement from James P. and Loretta J. Madden, 1212 Hoffman
Mill Road, needed to underground existing overhead electric system.
Monetary consideration: $10.00
b. Powerline Easement from Rose Marie Ashley, 1528 LaPorte, need to
underground existing overhead electric services and install electric
secondary vault. Monetary consideration: $10.00
C. Deed of Dedication from Anheuser-Busch, Inc. dedicating an easement
for City water main which was constructed by Anheuser-Busch to serve
the Anheuser-Busch Barley Research Center. Monetary consideration:
$10.00
Ordinances on Second Reading were read by title by City Clerk Wanda Krajicek.
Item #8.
IItem #9.
Item #10.
Ordinances on First Reading were read by title by City Clerk Wanda Krajicek.
Item #11.
Item #12.
Investments Subdivision.
Councilmember Azari made a motion, seconded by Councilmember Edwards, to adopt
and approve all items not removed from the Consent Calendar. Yeas:
Councilmembers Azari, Edwards, Fromme, Horak, Kirkpatrick, Maxey., and Winokur.
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May 5, 1992 '
THE MOTION CARRIED.
Ordinance No. 54, 1992, Amending Chapter 26 of
the Code of the City of Fort Collins Relating to the
Waiver of Payment of the Water Plant Investment Fee for
Service Areas, Departments and Divisions of the City of
The following is staff's memorandum on this item:
"EXECUTIVE SUMMARY:
The proposed change to the City Code would allow the Water Utility to waive the
requirement for City service areas, departments, and divisions and the Poudre
Fire Authority to pay water plant investment fees (PIFs) for specific
installations which do not adversely affect the utility's ability to treat and
deliver water. The Code change would apply only to water PIFs under this special
circumstance. City departments will still be required to pay water PIFs under
normal circumstances, as well as pay other development fees and monthly service
fees.
The primary reason for this Code change is to address a problem currently facing '
the Parks and Recreation Department. Some of the City's parks are irrigated with
raw water which is delivered from the various irrigation ditches which run
through the City. Generally, the need for irrigation water to irrigate the parks
corresponds with the time when the irrigation ditches are running; approximately
May through September. However, in years when the weather is extremely dry,
there may be a need to irrigate the parks in early spring or late fa11 when there
is not any water running in the ditches. During such times, treated water is
used to irrigate the parks.
Presently, the City Code does not allow the Parks Department to install a
permanent connection to the water system without paying the water PIF. The
present water PIF is $20,300 for a 2-inch connection and $33,100 for a 3-inch
connection. The Parks Department is hesitant to invest that much money in a
connection which may only be used a couple of times a year, and in some years not
at all. Assessing plant investment fees is the mechanism used by the Utility to
recover the cost of expanding the capacity of the water system to meet the
additional demand (usually peak day demand) resulting from new customers
connecting to the water system. From the Utility's point of view, the Parks
Department's need to use water once or twice a year during off-peak times has
little, if any, impact on the water system. Since it is not using capacity which
would otherwise be used by a "new" customer connecting to the system, assessing
a water PIF does not seem necessary.
The proposed Code change has been reviewed by the City. Manager's office, Parks '
and Recreation Department, and Poudre Fire Authority.
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May 5, 1992
The Water Board unanimously approved recommendation of the ordinance at its April
17, 1992 meeting."
Councilmember Azari made a motion, seconded by Councilmember Edwards, to adopt
Ordinance No. 54, 1992 on First Reading.
Councilmember Horak requested the development of specific criteria for the
waiver.
Water Director Mike Smith replied no criteria were initially developed.
Councilmember Horak expressed concern that the waiver only applies to municipal
areas, not other public entities or the private sector.
Smith replied there had been no requests from the private sector to date.
Roy clarified that, by the Ordinance, the waiver would. apply only to City
divisions, departments or Poudre Fire Authority.
Councilmember Horak spoke against the Ordinance as not being specific enough.
Mayor Kirkpatrick joined the Water Board in support of this Ordinance.
' The vote on Councilmember Azari's motion to adopt Ordinance No. 54, 1992 on First
Reading was as follows: Yeas: Councilmembers Azari, Edwards, Fromme,
Kirkpatrick, Maxey, and Winokur. Nays: Councilmember Horak.
THE MOTION CARRIED.
Resolution 92-75 Authorizing the Mayor
to Enter Into an Agreement with the State Board of
Agriculture by and through the Executive Branch of
the Associated Students of Colorado State University
for the Purpose of Providing Transit Services, Adopted
The following is staff's memorandum on this item:
"FINANCIAL IMPACT:
This action is necessary to continue the City of Fort Collins' financial
relationship with the Associated Students of Colorado State University for the
period encompassing the spring academic semester at Colorado State University.
Revenues received will be consistent with projections in the 1992 Transfort
budget, approximately $55,000. Failure to pass this resolution will further
delay the receipt of these funds.
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May 5, 1992 '
EXECUTIVE SUMMARY:
Transfort began the implementation of the Transit Development Program 1991-1995
(TDP) and Campus Transit Plan 1991-1995 in 1991. As a part of that effort,
service to the central campus was improved and implemented in August 1991. This
agreement continues the financial formula that has been used in the past, but
allows the City and ASCSU to work directly on service refinements and planning.
This agreement reflects a fee rate of $3.60 per semester for CSU students for the
spring semester only. The agreement was delayed due to the confusion surrounding
the negotiations between the City and ASCSU on new fee levels for the fall
semester 1992.
BACKGROUND:
Transfort has traditionally provided transit services to the students of Colorado
State University through an intergovernmental agreement. Services are available
to the students as a result of the contribution made to the City by the
Associated Students of Colorado State University (ASCSU), the student government.
In the past the City has provided transit services to the general population
including students, but has not focused on services specifically to the central
campus. A change in the relationship with ASCSU began in 1991 with the adoption
of the Campus Transit Plan 1991-1995 and the new services directed at this '
market.
In April, 1992, Colorado State University students passed a fee referendum which
will increase their transit fee nearly threefold. The new fee level reflects and
supports the newly increased services to the University campus. A higher fee
will be incorporated into a new agreement which is currently being negotiated and
will be in effect in August, 1992 as the fall semester begins."
Councilmember Maxey made a motion, seconded by Councilmember Azari, to adopt
Resolution 92-75.
Councilmember Horak expressed concern about the City's working relationship with
the State Board of Agriculture and Colorado State University.
The vote on Councilmember Maxey's motion to adopt Resolution 92-75 was as
follows: Yeas: Councilmembers Azari, Edwards, Fromme, Horak, Kirkpatrick, Maxey,
and Winokur. Nays: None.
THE MOTION CARRIED.
Councilmember Reports
Councilmember Winokur reported there had been no movement in Washington in the '
status of the Poudre River National Heritage corridor.
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May 5, 1992
Resolution 92-74 Supporting the Rocky
Mountain Rookie Baseball League, Adopted
The following is staff's memorandum on this item:
"EXECUTIVE SUMMARY:
Mr. Rick Zier, President of the Fort Collins -Loveland Baseball Association, Inc.
has requested that the City of Fort Collins formally express its support for the
concept of moving the Arizona Rookie League to the Rocky Mountain Region. On May
22, a meeting of the Rocky Mountain Rookie League and Major League Baseball is
planned in Grand Junction. At that time, the organizers of the Rocky Mountain
Rookie League will demonstrate the solidarity of the communities potentially
involved in the Rookie League in an effort to convince major league baseball to
move the existing League to the Rocky Mountain region. A11 cities potentially
involved in the league have been asked to demonstrate their individual support
for having Rookie League baseball in their cities. This resolution endorses the
efforts of the Rookie League organizers, but does not commit the City to provide
any funds for the effort."
Councilmember Fromme made a motion, seconded by Councilmember Azari, to adopt
' Resolution 92-74.
Assistant to the City Manager Julia Novak gave a report on this item.
Councilmember Winokur asked how long the Association knew about the meeting in
Grand Junction.
Rick Zier, Fort Collins -Loveland Baseball Association, Inc., replied for a couple
of months but no specific date had been selected.
Councilmember Winokur inquired if the Parks and Recreation Board had a chance to
look at this matter.
Zier reported he had met with the County Parks Board six weeks ago, noting the
Chair of the Fort Collins Parks and Recreation Board was in attendance.
Director of Cultural, Library and Recreation Services Mike Powers stated that the
information was presented to the Parks and Recreation Board at the end of its
last meeting and the Board requested consideration on May 27.
Zier commented that this Resolution would be an important part of the package of
similar resolutions which will be presented to the major league baseball
representatives. He further outlined the conceptual plan for facilities.
Councilmember Edwards spoke in support of this effort as a catalyst for
fulfillment of other long-term recreational needs.
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May 5, 1992
Councilmember Fromme spoke in support of the Resolution and against City -
ownership of the field.
Councilmember Azari supported the Resolution.
Councilmember Winokur supported the timely involvement of the Parks and
Recreation Board in the development of the project.
Mayor Kirkpatrick suggested the inclusion of a memo to the Parks and Recreation
Board with a copy of the Resolution.
Councilmember Horak expressed concerns that the term "support" in the Resolution
not be construed to include public monies, concerns about the lack of clear
direction in the Resolution regarding staff involvement, and the desire that a
policy representative attend the Grand Junction meeting.
Zier stated the group has tried to be sensitive to concerns —of all the entities,
has tried to avoid the cities' having to plan and staff this effort, and would
appreciate having a representative from the City at the meeting.
Mayor Kirkpatrick supported the Association's realistic approach.
The vote on Councilmember Fromme's motion to adopt Resolution 92-74 was as I
follows: Councilmembers Azari, Edwards, Fromme, Horak, Kirkpatrick, Maxey, and
Winokur. Nays: None.
THE MOTION CARRIED.
Councilmember Horak requested feedback on staff involvement.
City Manager Burkett assured information on staff resources would be coming in
a two -page memo.
Mayor Kirkpatrick clarified that a decision on the policy representative to
attend the Grand Junction meeting would be made early the following week.
Zier requested assistance for a portion of out-of-pocket expenses in the amount
of $1750.
Mayor Kirkpatrick clarified that matter would be considered under "Other
Business" (see Page 327).
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' May 5, 1992
Items Relating to the Issuance of City of
Fort Collins General Obligation Water
Improvement and Refunding Bonds. Adopted on Second Reading
The following is staff's memorandum on this item:
"FINANCIAL IMPACT:
The Series 1992A ("New Money") issue provides $4.5 million for the construction
of improvements to the City's water treatment plant. The New Money bonds start
in 1993 and end in 2012. The interest rates range from 3.75% to 6.375%; the
average coupon rate is 6.22%. Annual debt service for the issue will be about
$410,000 per year.
The Series 19928 ("Refunding") issue of $25,440,000 refunds the 1995-2009
maturities of the 1986 G.O. Water Bonds. By refunding the 1986 bonds, the debt
service is reduced by about $980,000 over the life of the bonds. The annual debt
service reductions vary from a low of $18,000 in 2008 to a high of $97,000 in the
year 2000. The net present value of the savings exceed $600,000.
EXECUTIVE SUMMARY:
A. Second Reading of Ordinance No. 30, 1992, Authorizing the Issuance of City
of Fort Collins General Obligation Water Bonds, Series 1992A.
B. Second Reading of Ordinance No 31, 1992, Authorizing the Issuance of City
of Fort Collins General Obligation Water Refunding Bonds, Series 19928.
The Series 1992A issue bonds total $4,605,000. The bond proceeds will be used
to construct improvements to the City's Water Treatment Plant. The improvements
include a backwash water solids separation facility, three, mixed -media sand
filters, modifications 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 Series 1992E refunding issue proceeds of $25,440,000 will be used to fund an
escrow to retire and defease the 1996-2009 maturities of the City's 1986 Water
Bond issue. In 1992, interest rates have dropped to their lowest levels in
approximately 20 years. Through this refunding issue, the City will save nearly
$1 million of annual debt service savings, a present value of $602,000 or 2.5%
of the refunded bonds. The savings level is slightly lower than the amount
estimated at first reading. Staff proceeded with the refunding because as the
national economy recovers the interest rates are expected to continue to increase
and remain above refunding levels. Future debt service savings measured in
present value dollars, even if they reached the 3% present value target, would
likely be less than those achieved by doing the refunding at this time.
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May 5, 1992
BACKGROUND:
The most recent drafts of the bond ordinances are included. The final version
will be delivered to the City on May 1, 1992, thereby meeting the deadline to
avoid lengthy readings in to the record at the May 5th meeting. Below is a table
which shows the maturity and interest rates on the bonds.
Series 1992E
Series
1992A
Refunding
Bonds
New
Money
Year
Principal
Coupon
Principal
Coupon
1992
$ 45,000
2.900%
1993
195,000
3.750%
130,000
3.750%
1994
200,000
4.300%
135,000
4.300%
1995
215,000
4.800%
145,000
4.800%
1996
1,610,000
5.100%
150,000
5.100%
1997
1,700,000
5.300%
160,000
5.300%
1998
2,055,000
5.600Y
165,000
5.600%
1999
2,130,000
5.750%
175,000
5.750%
2000
2,145,000
5.900%
185,000
5.900%
2001
2,220,000
6.000%
195,000
6.000%
2002
2,305,000
6.000%
210,000
6.000%
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2003
1,910,000
6.100%
220,000
6.100%
2004
2,025,000
6.200%
235,000
6.200%
2005
2,150,000
6.300%
250,000
6.300%
2006
2,290,000
6.400Y
265,000
6.400%
2007
700,000
6.400%
280,000
6.375%
2008
745,000
6.400%
300,000
6.375%
2009
800,000
6.400%
320,000
6.375%
2010
340,000
6.375%
2011
360,000
6.375%
2012
385,000
6.375%
Total
$25,440,000
$4,605,000
Average
Coupon
6.066%
6.220%
Please note, that these are the results from the date of the sale, April 28,
1992. There may be some minor adjustments as the sizing of the refunding escrow
is finalized."
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May 5, 1992
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Director of Finance Alan Krcmarik gave a history of the two bond issues.
Councilmember Winokur inquired what percentage savings the City is getting.
Krcmarik replied a net present value savings of 2.55%.
Councilmember Winokur inquired about the potential tradeoffs in waiting.
Krcmarik replied that by waiting the rating, documents and official statement
would require as much as $20,000 - $35,000 of additional work and waiting until
later in the year would mean paying the higher rates longer.
Councilmember Edwards asked if the savings include the cost of issuance.
Krcmarik replied that the savings are a true net savings.
Councilmember Winokur made a motion, seconded by Councilmember Edwards, to adopt
Ordinance No. 30, 1992 on Second Reading. The vote was as follows: Yeas:
Councilmembers Azari, Edwards, Fromme, Horak, Kirkpatrick, Maxey, and Winokur.
Nays: None.
THE MOTION CARRIED.
' Councilmember Winokur made a motion, seconded by Councilmember Maxey, to adopt
Ordinance No. 31, 1992 on Second Reading.
Councilmember Winokur complimented staff on this conservative approach.
The vote on Councilmember Winokur's motion to adopt Ordinance No. 31, 1992 on
Second Reading was as follows: Yeas: Councilmembers Azari, Edwards, Fromme,
Horak, Kirkpatrick, Maxey, and Winokur. Nays: None.
THE MOTION CARRIED.
Ordinance No. 56, 1992, Appropriating $60O,00O
from the Special Assessments Debt Service Fund
Reserve for Expenditure' in 1992, Adopted as Amended on First Reading
The following is staff's memorandum on this item:
"FINANCIAL IMPACT:
This year staff is requesting an additional $108,000 which would be used to pay
the principal portion outstanding on tax certificates that were issued on two
properties having little or no market value. In paying the principal, the City
will eliminate the interest payment and would save about $9600 annually. The
interest paid annually on behalf of all tax certificate properties is
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May 5, 1992
approximately $460,000. The balance in the Special Assessments Debt Service Fund
Reserve as of this date is $1,382,076. This appropriation would reduce that
balance to $782,076.
EXECUTIVE SUMMARY:
This appropriation will provide money to pay the interest portion of the debt
service on 79 properties held in tax certificate by the City. Council has
approved this appropriation annually since 1990. Rather than bringing this
appropriation to Council as a separate item next year, the appropriation from the
Special Assessments Debt Service Fund Reserve will be included in the 1993
budget. A separate appropriation ordinance would only be necessary if
expenditures were projected to exceed the budget appropriation.
Attached is a detailed report of the history of the assessment of the properties,
the rationale for this proposed solution, and the procedures established to
ensure that this doesn't happen again. In summary, there are two properties that
were assessed by the City that are ditches and have no market value. One is in
the Fairbrooke Special Improvement District #79. It was never intended that the
ditch should bear an assessment, but it was included as part of a large tract
that was assessable. That tract was subdivided into 18 single-family lots which
were to bear the assessments. The entire assessment was placed on the ditch
because it retained the parcel number that was originally given to the entire
tract. Prior to the effective date of the assessment, the County Assessor had ,
broken out the eighteen lots and assigned them separate parcel and schedule
numbers. A review of the plats on file with the County would have revealed this
information. Since there is little, if any, underlying property value to support
the assessment on the ditch, staff recommends paying the $22,140 principal.
The other ditch is in the Heart Special Improvement District #84. It was
assessed as part of a larger tract and subsequently reallocated when the owner
recorded a deed that split the property from the tract. The owner's intent was
to sell the ditch property as part of the land transaction for the new post
office site. The property was not included in the sale, the owner did not pay
the assessment, and the land was taken to tax sale.
This district was assessed in 1986. City staff should have realized at that time
that an assessment was being placed on a parcel that was primarily a ditch
easement and not sellable land. Although there are several options, including
reallocating this assessment back to the larger tract, staff recommends paying
the $85,836 to avoid future interest costs since the larger tract is also in tax
certificate status and its value cannot support this assessment.
A third property was mentioned in the staff report as having little or no market
value. Staff is not recommending the principal be paid on this piece because
discussions with the County Assessor and County Treasurer have been productive.
There appears to be a way for the City to preserve its interest in the entire
parcel without reissuing another tax certificate. An administrative solution has '
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May 5, 1992
also been proposed that would protect the City from this type of property split
in the future."
Councilmember Maxey made a motion, seconded by Councilmember Edwards, to adopt
Ordinance No. 56, 1992 on First Reading.
Director of Finance Alan Krcmarik gave a history of the assessment of the
properties and the rationale for this proposed solution.
Financial Policy Analyst Susanne Edminster presented the improvements to the
administrative process and gave a preview of items which will be considered at
the Council meeting on May 19 including: SID sales policies, alternative
foreclosure, some changes to penalty interest, and the first sale of property.
Councilmember Winokur asked how much of the $541,000 would be unrecoverable.
Edminster replied the $108,000 in principal would be unrecoverable.
Councilmember Winokur requested an estimate of amounts paid with no potential
return.
Burkett clarified that estimates of loss on all properties range from $305,000
to $4.2M.
Councilmember Winokur clarified that current assumptions are based only on
properties in default presently. He inquired about the net impact on the Sales
and Use Tax Fund.
Edminster replied that, if all money was available to pay off the debt today,
there would be a shortfall of about $300,000. She estimated the City would use
the $1.6M plus the $300,000 in surplus and deficiency.
Greg Hargis, 2425 Antelope Rd, asked when the appraisals were done and spoke of
the current favorable real estate market.
Edminster replied the appraisals are not complete, but that the estimates were
done by the City's Right -of -Way Agent.
Councilmember Azari asked for assurance that the City will cooperate with the
County Assessor and County Treasurer to prevent a recurrence of problems.
Councilmember Azari made a
motion,
seconded by
Councilmember Fromme, to table
Ordinance No. 56, 1992, until the Council meets
with the County Treasurer and
County Assessor to insure
County
staff will
work collaboratively with the
Financial Officer and City
Manager
so that this
willnot happen again. Yeas:
Councilmembers Azari and
Fromme.
Nays: Councilmembers Edwards, Horak,
Kirkpatrick, Maxey, and Winokur.
1
316
May 5, 1992 '
THE MOTION FAILED
Councilmember Horak asked about the status of the written procedures for
assessments.
Director of Engineering Gary Diede replied that step-by-step written procedures
for assessments and reallocation will be completed in the next 30 days.
Burkett assured that in the future clear guidelines and procedures will guarantee
that the value of the property exceeds the assessments.
Councilmember Winokur inquired about legislative remedies to allow staff tools
to rectify these types of problems.
City Attorney Roy replied that attention has been focused on expeditious remedies
for the existing situation. He stated the Code could be amended to provide added
security for future districts.
Mayor Kirkpatrick questioned if developing an understanding with the Assessor and
Treasurer could be separate from this Ordinance.
Burkett supported acting on the Ordinance at this time.
Krcmarik supported a meeting of the elected officials (the Assessor and I
Treasurer) and members of Council.
Councilmember Winokur requested that, prior to appropriation of the funds, there
be assurance that the problem is fixed.
Councilmember Azari supported the meeting occurring prior to action on this item.
Councilmember Winokur clarified that the next bond call requiring funding from
this Ordinance would be in August.
Councilmember Winokur expressed concern about the opinion of leading individuals
in the community that the City should default on this debt. He supported
Krcmarik's position that default is not good financial policy.
Councilmember Azari commended all the hard work done on SIDS and supported the
meeting with the County elected officials.
Councilmember Winokur made a motion, seconded by Councilmember Horak, to amend
Ordinance No. 56, 1992 to reflect that Second Reading will be June 2. He stated
he would not support Second Reading before the meeting with the elected officials
occurs.
City Clerk Krajicek clarified that if the County meeting did not occur by June ,
2, the item could be tabled.
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May 5, 1992
The vote on Councilmember Winokur's motion to amend Ordinance No. 56, 1992 was
as follows: Yeas: Councilmembers Azari, Edwards, Fromme, Horak, Kirkpatrick,
Maxey, and Winokur. Nays: None.
THE MOTION CARRIED.
The vote on Councilmember Maxey's motion to adopt Ordinance No. 56, 1992 as
amended was as follows: Yeas: Councilmembers Azari, Edwards, Fromme, Horak,
Kirkpatrick, Maxey, and Winokur. Nays: None.
THE MOTION CARRIED.
Resolution 92-76 Authorizing the City Manager
to Purchase a 15-Acre Neighborhood Park Adjacent
The following is staff's memorandum on this item:
"FINANCIAL IMPACT:
Acquisition of this 15.0218 acre parcel (at $16,000 per acre) will cost
' 1210,348.80, The City's standard for development' cost is between $40,000 to
$50,000 per acre.. Development costs are anticipated to range from S600,000 to
$750,000. Total park cost of acquisition and development may cost S1,000,000.
Annual maintenance costs for this 15-acre site are expected to range from S46,275
to $80,730 based on intensity of use and type of facilities constructed.
The funds necessary to acquire this site are available in the Parkland Fund
through the 1992 budget process and may be expended for this acquisition.
EXECUTIVE SUMMARY:
The location and size of this 15.0218 acre site meets the criteria established
by the Parks and Recreation Master Plan for neighborhood parks. In addition, the
joint planning, development and maintenance of this combined school and park site
creates tax payer economies as well as provides for some of the communities
greatest needs, sports fields. In February, 1992, Council directed staff to
negotiate the possible acquisition of parkland adjacent to the new Fort Collins
High School. If Council approves this resolution, the City will acquire this
site.
BACKGROUND:
In August of 1991, Cultural, Library, and Recreational Services staff and Poudre
R-1 School District staff met to discuss the possibility of a joint high school
park site for the new Fort Collins High School that would provide athletic
' facilities to the school as well as to the community. Such a plan would fit the
318
May 5, 1992
shared facilities philosophy creating economies for both agencies if an agreement
could be developed that was economically and operationally feasible.
Staff originally approached Council with this concept on October 1, 1991. At
that time, a larger park was discussed. Council suggested the scope of the park
be reduced to the City's standard neighborhood size. This proposal reduces the
park to 15 acres which is well within the 5 to 30 acre size for neighborhood
parks under the Master Plan. This size is large enough to include sports fields
in conjunction with the school property, yet creates neighborhood park amenities
closer to the residential area.
This site also meets the Master Plan criteria for neighborhood parks because it
is near the center of the square mile section it will serve; this section is
planned for residential development; the park will have good pedestrian access;
and it will contain a mixture of facilities suited to neighborhood park uses.
Contracts with the School District for joint design, development, and possibly
maintenance of this site will need to be drafted. The target date to have the
new school operational is 1995. Developing the park in this time frame,. prior
to residential construction, will be difficult financially. Discussions with
Poudre R-1 suggest it may be cheaper to develop the park during construction of
the school with Poudre R-1 front -ending the cost. These concepts will need more
discussion.
Poudre R-1 has purchased 67 acres for the school site. The 15 acres identified
,
is an addition to this 67 acres. Poudre R-1 intends to exercise its option on
the 15-acre site before the option expires on May 6, 1992. The City will then
purchase the site from the School District after that time.
With the restrictive covenants put in place by the School District on this 15-
acre site and other nearby property, compatibility of the school and park should
be better than that at the existing Fort Collins High School. A contract has
been entered into by a development partnership for the balance of the residential
property in this planned development. It has expressed an interest in the park
development.
At the Parks and Recreation Board meeting on January 22, 1992, the School
District Land Consultant Kirk Douglas, presented these ideas. The Parks ano
Recreation Board voted unanimously directing staff to pursue acquisition. The
Board also recommends that the Council adopt this resolution."
Councilmember Azari made a motion, seconded by Councilmember Edwards, to adopt
Resolution 92-76.
Director of Cultural, Library and Recreation Services Mike Powers made a
presentation on this item.
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May 5, 1992
Councilmember Winokur clarified that there would be an additional cost of $50,000
for the Parkland Fund's share to widen Timberline. He further clarified that in
the Master Plan, Timberline is projected to eventually be six lanes.
Councilmember Horak questioned whether the Parks and Recreation Board had
requested a second review of a proposed contract, as reflected in the Board
minutes. He further inquired about the restrictive covenants.
Powers replied the proposed covenants would give the District jurisdiction over
its students on this neighborhood park property. He clarified the Resolution
only approves the acquisition price for the neighborhood park site.
Councilmember Horak asked how the figure of $16,000 per acre was determined.
Powers replied the School District negotiated the price with the landowners and
purchased the 65 acres, while keeping an option on the remaining 15 acres at the
same price. He stated the City has also done appraisals.
Councilmember Winokur inquired why similar covenants weren't given for the
present site.
City Attorney Roy replied the City has never taken the position that the District
' cannot exercise its rights with regard to students on the park property opposite
the existing school.
Councilmember Winokur asked if the School District would have rights to exclude
other classes of citizens from the new park.
City Attorney Roy clarified that there was no provision in the proposed Agreement
of Purchase and Sale that conditions the purchase on any such covenant. He
further stated the discussed covenant would not give the District the right to
exclude non -students from the public park.
Councilmember Winokur asked whether the three other undeveloped park sites would
reach the 40% development criteria before this proposed site.
Powers replied that two sites presently have more adjacent construction.
Councilmember Winokur inquired what would happen if the land wasn't purchased
now.
Powers stated the School District's option would run out and the 15 acres would
revert back to the owner, with a possibility that the purchaser of the remaining
land would purchase it.
Councilmember Winokur requested more information on the compatibility of a
' neighborhood park and a high school facility.
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May 5, 1992 '
Powers replied there are no current parks adjacent to high schools, but the park
across the street at the current Fort Collins High gives some experience.
Mayor Kirkpatrick inquired if the new residential development would be the size
that demands a neighborhood park.
Powers replied that it meets the Master Plan in terms of location in a square
mile.
Councilmember Fromme inquired which elementary school would serve the area.
Burkett replied Linton Elementary is within 1/4 mile of this site.
Councilmember Winokur inquired whether these issues were discussed with the
School Board.
Councilmember Azari replied that time had been spent working on the Master
Agreement rather than specific school issues.
Councilmember Edwards added the new high school was envisioned as a community
learning center.
Councilmember Winokur gave his concerns about the getting information from the I
School Board.
Councilmember Maxey clarified that street frontage is locked -in in the plan.
Councilmember Azari stated.that the role of liaison to Poudre R-1 was to develop
a long-term Master Agreement. She had no objections to carrying forward any
concerns of Council and no objection as liaison to a detailed agenda and detailed
minutes coming to Council on the Fort Collins High site.
Councilmember Edwards invited written questions from Councilmembers to present
to the representatives of the School Board in a meeting later that week.
Greg Hargis, 2425 Antelope Rd, gave concerns about traffic and access to the
proposed park and schools.
Councilmember Winokur spoke against moving ahead on the park, giving his concerns
about unanswered questions and the lack of a joint work session with the School
Board.
Mayor Kirkpatrick supported the Resolution, stating the site makes sense as an
appropriate land use which meets the City's general criteria.
Councilmember Azari supported the Resolution.
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May 5, 1992
Councilmember Horak spoke against the Resolution, citing (a) the matter was not
returned to the Parks and Recreation Board, as requested; (b) the lack of direct
input from Council on the site location; (c) safety concerns about the location;
and (d) questions about final contract details.
Councilmember Fromme requested clarification of the Parks and Recreation Board
minutes.
Councilmember Maxey spoke in favor of parkland being adjacent to acres of a park
planned facility.
Councilmember Winokur gave concerns about development of Timberline Road and the
lack of input from the Parks and Recreation Board. He made a motion, seconded
by Councilmember Fromme, to table Resolution 92-76 to June 2. Yeas:
Councilmembers Fromme, Horak, and Winokur. Nays: Councilmembers Azari, Edwards,
Kirkpatrick and Maxey.
THE MOTION FAILED.
The vote on Councilmember Azari's motion to adopt Resolution 92-76 was as
follows: Yeas: Councilmembers Azari, Edwards, Kirkpatrick, and Maxey. Nays:
Councilmembers Fromme, Horak and Winokur.
I
THE MOTION CARRIED.
Resolution 92-77 Authorizing the City Manager
to Lease the Old Power Plant to Colorado State
University for a Center for Engines, Energy
and Vehicle Emissions Research and Testing. Adopted as Amended
The following is staff's memorandum on this item:
"FINANCIAL IMPACT:
The Old Power Plant building has not been used as a power generating station
since 1973. A portion of the building and grounds was used for an electrical
substation until 1990. At this time, the electrical equipment has been removed.
The building is essentially an empty shell. Funds are being expended for grounds
and building maintenance. Assuming a lease is successfully negotiated, CSU would
become responsible for building maintenance. The City would continue to do
grounds maintenance until a longer term lease or sale is completed. CSU has
indicated that it has sufficient funding to make the necessary improvements to
the building that its use would require.
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May 5, 1992 '
EXECUTIVE SUMMARY:
The City has received a proposal from the Mechanical Engineering Department of
Colorado State University to use the old Power Plant as a research and training
facility for engines, emissions, and energy research. CSU is proposing to house
three scientific programs in the Old Power Plant dealing with alternative fuels,
emissions control and safety, and energy analysis. Overall, the uses are
compatible with the building type and represent a positive contribution to the
development of the North College area. The Resolution would allow the City
Manager to negotiate a one year lease with CSU for use of the property. CSU has
indicated an immediate need for the building.
BACKGROUND:
The Old Power Plant at 430 North College Avenue has been out of use for a number
of years. The electrical substation was removed in 1990 and since that time, the '
building and the property have been maintained but not used by the City. The
building facade and the art deco fountain on the property have been designated
as local historical landmarks by the. Landmark Preservation Committee. An
appraisal of the property indicates that the value of the property is in the land
and the building is a liability. In 1984, a formal request for proposals to
redevelop the Power Plant was issued. There were no responses.
Over the last few years, the City has been seeking uses for the building that
'
would support or be compatible with the Poudre River corridor and the North
College area. Additionally, any prospective candidate for using the building
should have sufficient financial resources to make the necessary improvements to
the building. Several groups have contacted the City over the past few years.
However, this is the first formal proposal the City has received.
The proposal from the Mechanical Engineering Department titled "Transformation
of the Ft. Collins Power Plant into a Center of Excellence for Engines, Energy
and Vehicle Emissions Research & Training" appears to be a match with the City's
criteria. The proposed use is compatible with the "industrial" characteristic
of the building and is a use that will allow the historical nature to be
preserved. The use of the building would be conditioned upon part of the
property being retained for the bike trail and, if desired by the City, for the
establishment of a trailhead, river access and parking area.
Other conditions to be placed upon the property are:
* A11 improvements to the building become the property of the City, at no
cost to the City, if CSU's use ceases at the end of the lease.
CSU takes possession of the building in "as is" condition.
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May 5, 1992
* A71 additions, improvements, changes, or signs must be in accordance with
all the applicable City ordinances, regulations and development proce-
dures.
* CSU will be responsible for maintenance of the building and all utilities.
* Easements or rights -of -way will be provided for bike trail connection,
sidewalks or street widening in conjunction with the State's construction
of a new bridge over the Poudre River.
* At the end of the lease and assuming no further use by CSU, CSU must
remove all CSU equipment, or other items of personal property, or it will
be removed by the City at CSU's expense.
The plan proposed by CSU envisions that the Power Plant would become the center
for CSU for programs dealing with alternative fuel vehicles, research and
training related to vehicle emissions, and energy analysis and diagnostics
related to manufacturing companies. The main floor of the Old Power Plant would
be for training and a laboratory area. The basement would be used for large
stationary engines. The single story area in the front portion of the building
would be the office area for the programs. CSU owns the AIR Program Station
directly across College Avenue from the Power Plant. The CSU proposal does note
' that the Old Power Plant, which at one time contributed to air pollution, would
now be utilized for research and training to reduce pollution and encourage wise
energy use. A natural gas refueling facility is planned for the long term.
During the term of this lease, the City will have to determine the best method
to dispose of the property. This would require further action on the Council's
part and would be brought back to the Council for its consideration. Prior to
any lease, sale, trade, or transfer, departments and other potentially interested
parties will be contacted to determine if there is a better or more financially
beneficial use of the Old Power Plant.
The benefits to the City of CSU's proposal include preservation of the Power
Plant building, transfer of the maintenance costs to CSU, use of the building to
reduce pollution and to provide an energy information source for the community."
Mayor Kirkpatrick withdrew from the discussion and vote on this item due to a
perceived conflict of interest.
Councilmember Edwards made a motion, seconded by Councilmember Maxey, to adopt
Resolution 92-77.
Director of Utility Services Richard Shannon explained the proposal.
Councilmember Horak inquired if the City had designated areas of the grounds it
' wishes to keep.
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May 5, 1992
Shannon replied that the City has indicated easements and may wish to retain some
land fee simple for the trail system and College Avenue improvements related to
the new bridge.
Councilmember Maxey inquired about the historic designation of the building.
Shannon assured that the Mechanical Engineering Department is aware of the
landmark designation and will be working with another CSU department which
provides service for historic renovation.
Councilmember Edwards clarified that approval of this Resolution does not commit
the building for more than a year and during that time negotiations could take
place.
Councilmember Horak clarified that any improvements must meet the City Code.
Shannon replied that in a separate letter the City outlined the following issues
to be incorporated in a final agreement or transfer of the property: (1) the land
not be considered as part of the campus, (2) any improvements done will be in
accordance with the City's PUD process, and (3) if the use is not in direct
support of the University, the City has the right to return the building to City
ownership.
Scott McDonald, 4504 Inlet Ct., representing a group interested in using the '
Power Plant as a recreation center for volleyball, referenced a letter of intent
from the Fort Collins Volleyball Association and requested tabling of the issue.
Councilmember Winokur asked whether the group had discussed this matter with the
Parks and Recreation Board.
Susan Young; Fort Collins Volleyball Association, replied the group had spoken
with Recreation Manager Jean Helburg.
Councilmember Fromme asked whether the group would be dependent on City funds to
operate.
McDonald replied the intent is to operate under a non-profit organization.
Councilmember Edwards asked whether the group had estimated the cost to operate
and maintain the facility.
McDonald replied there have been preliminary estimates and the group has
contacted other groups for additional sources of revenue.
Councilmember Edwards asked how much time the group would need to put together
a competitive, thorough bid proposal.
McDonald replied approximately 90 days.
325
A
May 5,
1992
Councilmember
Edwards clarified it is possible to accept
the proposal on
the
table, to put
the facility to beneficial use in the short
term and still
keep
competitive options
open for longer term use.
Mitch Busteed
stated the group of volleyball clubs need a
facility in the
near
future for a
110 team tournament.
Councilmember Horak questioned parking facilities for an event that size.
Scott Busteed, 2209 E. Harmony Road, stated that the group would be contacting
other facilities for court facilities.
Councilmember Horak clarified that, if the building were purchased, to meet the
site criteria would be quite expensive. He further asked about the timing on the
lease with CSU.
Shannon replied there is no pressing need for the City and it would take 6 months
to provide a
good public process on
a RFP.
Councilmember
Horak spoke in favor of
returning to the RFP process.
Councilmember
Fromme spoke in favor
of waiting.
'
Councilmember
Winokur spoke in favor
of a set time frame.
Councilmember
Edwards spoke in favor
of the solid package presented by CSU for
the short term.
Councilmember Azari spoke in favor of returning to the RFP process.
Dr. Bryan Willson, CSU Mechanical Engineering Department, gave the rationale for
leasing/acquiring the structure for alternative fuels research.
Councilmember Horak inquired if CSU would be willing to sign a 6-month lease.
Willson stated the preference is for a year lease. He further stated this is a
collaborative effort of several laboratories.
Shannon stated that, based on research from around the country, renovation of
these types of facilities are enormous undertakings. He further stated that the
proposal from CSU is the only one of 15-20 received in last 5 years that
presented a unique match.
Councilmember Horak made a motion, seconded by Councilmember Fromme, to change
the term of the lease to 6-months, with the provision that the lease term can be
extended.
' Willson requested as much advance notice as possible on any extension.
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May 5, 1992
Councilmember Horak stated the intent of the Resolution would be for the City
Manager to negotiate terms for notification acceptable to both parties.
Councilmember Winokur questioned whether the City Manager could negotiate a
second 6.-month term if the RFP process fails.
Councilmember Horak clarified that if CSU does not submit a proposal on the RFP
we can negotiate after 6 months.
The vote on Councilmember Horak's amendment was as follows: Yeas: Councilmembers
Azari, Edwards, Fromme, Horak, Maxey, and Winokur. Nays: None.
THE MOTION CARRIED.
Councilmember Winokur spoke in favor of enhancing the City's reputation as a
focal point for research and development.
Councilmember Horak spoke in support of use of the facility.
The vote on Councilmember Edwards' motion to adopt Resolution 92-77 as amended
was as follows: Yeas: Councilmembers Azari, Edwards, Fromme, Horak, Maxey, and
Winokur. Nays: None.
THE MOTION CARRIED.
Other Business
Councilmember Azari requested information on the number of miles of unpaved
streets in the City and the ranking of the paving of the street behind Putnam
School.
Councilmember Horak requested a two -page memo on outdoor lighting of commercial
and residential areas. He further requested a two -page memo on the potential for
a permit system for rental properties.
Councilmember Azari stated that Councilmember Maxey would be interested in being
the Fair Board representative.
Councilmember Edwards recommended a formal response to Mr. Zier's request for
out-of-pocket expenses for baseball (See Page 311). He further requested
assessment of Robert's Rules of Order as it pertains to motions to table not
being debatable.
Councilmember Winokur requested Council's Poudre R-1 liaisons reiterate the
request for a joint worksession with the School Board. He further stated he
would be reviewing the Planning and Zoning Board minutes and would be making a
decision whether to appeal the Pinecone decision. '
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May 5, 1992
Councilmember Horak gave his concerns about money requests becoming agenda items.
Councilmember Edwards made a motion, seconded by Councilmember Maxey, to respond
to Rick Zier's request for reimbursement of out-of-pocket expenses.
Councilmember Maxey qualified his second suggesting a defined category of
expenditure.
Councilmember Horak supported a response but not an agenda item.
Burkett stated staff would provide information.
Councilmember Fromme requested clarification of the response and was opposed to
giving money.
Burkett supported a decision at this time unless Council required more
information.
Mayor Kirkpatrick stated she was prepared to present a response.
The vote on Councilmember Edwards' motion was as follows: Yeas: Councilmembers
Edwards, Horak, and Maxey. Nays: Councilmembers Azari, Fromme, Kirkpatrick and
Winokur.
' THE MOTION FAILED.
Councilmember Winokur requested data on this matter.
Councilmember Fromme requested a letter be sent to Mr. Zier stating his request
is under consideration.
Mayor Kirkpatrick volunteered to go to the Grand Junction meeting.
The meeting adjourned at 10:55 p.
Mayor
J
Adjournment
328