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HomeMy WebLinkAboutMINUTES-07/07/1992-RegularJuly 7, 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, July 7, 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 Police Chief Fred Rainquet presented Distinguished Service Commendations to Tyler James and Bruce Schrepple. Mayor Kirkpatrick presented plaques to retiring members of Boards and Commissions who had served for 8 or more years. — Al Bacilli, 520 Galaxy Court, spoke in opposition to vendor's fees. Agenda Review ' City Manager Steve Burkett stated there were no changes to the agenda as published. Councilmember Horak requested that item #17, Items Relating to Purchase Power Rate Increase, and Item #18, Hearing and Final Reading of Emergency Ordinance No. 78, 1992, of the Council of the City of Fort Collins Concerning the Donation of Three Structures to the Fort Collins Housing Authority, be withdrawn from the Consent Calendar. Jorge Figueroa requested that item #22, Resolution 92-103 of the Council of the City of Fort Collins Adopting the Recommendations of the Cultural Resources Board Regarding Fort Fund Disbursements, with pulled from the Consent Calendar. Bruce Lockhart, 2500 E. Harmony Road, requested that Item #19, Hearing and First Reading of Ordinance No. 79, 1992, Appropriating Unanticipated Revenue from Police Seizure Activity, and Item #20, Items Pertaining to the Burns Second Annexation and Zoning, be withdrawn from the Consent Calendar. Consent Calendar This Calendar is intended to allow the City Council to spend its time and energy on the important items on a lengthy agenda. Staff recommends approval of the Consent Calendar. Anyone may request an item on this calendar to be "pulled" off 1 410 July 7, 1992 the Consent Calendar and considered separately. Agenda items pulled from the , Consent Calendar will be considered separately under Agenda Item #33, Pulled Consent Items. 7. Consider approval of the minutes of the regular meetings of May 19 and June 2 and the special meeting of June 23. 8. Items Pertaining to the Webster Second Annexation and Zoning. Q A. Second Reading of Ordinance No. 65, 1992, Annexing 91.0353 Acres, Known as the Webster Second Annexation. B. Second Reading of Ordinance No. 66, 1992, Zoning 91.0353 Acres, Known as the Webster Second Annexation, into the RLP, Low Density Planned Residential Zoning District, with a Planned Unit Development (P.U.D.) condition attached. On June 2, Council unanimously adopted Resolution 92-92 Setting Forth Findings of Fact and Determinations Regarding the Webster Second Annexation and Zoning. On June 2, Council also unanimously adopted on First Reading Ordinance No. 65, 1992 and Ordinance No. 66 , 1992, annexing and zoning 91.0353 acres located at the northwest corner of County Road No. 9 and East Horsetooth ' Road (County Road No. 40). The requested zoning is the RLP, Low Density Planned Residential District (with a P.U.D. condition). The property is undeveloped and contains one single family residence. The primary use of the land is agricultural. The property is currently zoned FA-1, Farming in the County. This is a voluntary annexation. In October, 1991 the City Council gave final approval to a number of ordinances which created the NCL, NCM, NCB and CL zoning districts. The ordinances also established certain regulations which pertained to the use of property located in these new zoning districts. Now that these zones have been in place for a number of months and staff has had an opportunity to use the new ordinances, a number of problem areas have been identified which need to be addressed. Many of the problems are related to the need to make changes to previously existing sections of the Zoning Code which make reference to lists of zoning districts wherein certain regulations should apply. It is appropriate that these lists be amended to include references to one or more of the four new zoning districts. Additionally, other "housekeeping" changes are considered necessary to make clarifications to the Code in order to facilitate interpretation and 411 L 10. 12. July 7, 1992 enforcement. This Ordinance, which was unanimously adopted on First Reading on June 2, makes the necessary amendments to the Code relating to Zoning Regulations. Unanticipated The Fort Collins Housing Authority ("the Authority") has made a payment to the City from its 1991 budget as a "Payment in Lieu of Taxes" ("PILOT") in the sum of $16,990.19. Subsequent to making that payment, the Authority requested that the City refund the money to the Authority. The purpose of making the PILOT payment to the City was to enable the Authority to avoid the necessity of returning that portion of its grant from the United States Department of Housing and Urban Development ("HUD") as "excess funds." There is some uncertainty as to whether HUD agrees that these are not "excess" funds which need to be returned to HUD, and clarification is being sought on that point by the Authority. The Ordinance, which was unanimously adopted on First Reading on June 2, would appropriate the PILOT payment back to the Authority, with the understanding that the Authority and HUD would determine the proper disposition of the funds. At the May 19, 1992 Council meeting, the Golf Board, recommended that the from seven members to nine members. adopted on First Reading on June 2, composition to nine members. Councilmember Edwards, as liaison to composition of the Board be increased This ordinance., which was unanimously amends the City Code to increase the The Community Development Block Grant Program provides Federal funds from the Department of Housing and Urban Development to the City of Fort Collins which can be allocated to housing and community development related programs and projects, thereby, reducing .the demand on the City's General Fund Budget to address such needs. On June 2, Council held a public hearing and adopted as amended by a vote of 6-0 Resolution 92-98 Adopting Fiscal Year 1992-93 Community Development Block Grant Programs and Projects. Ordinance No. 72, 1992, which was adopted 6-0 on First Reading on June 2, appropriates the 1992- 1993 federal funds and program revenue and transfers the unexpended appropriations from 1990-1991 and 1991-1992. 412 13. 14. IN July 7, 1992 This ordinance was adopted on Second Reading on a 4-0 vote at a special meeting held on June 23, 1992. The City Charter requires that final passage of all ordinances except emergency ordinances occur at a regular meeting of the Council. In order to ensure that the lease agreement between the City and United Express has been properly authorized, the City Attorney recommends that Council ratify its passage of the ordinance authorizing the lease. Adoption of the Consent Calendar will adopt this ordinance on Second Reading and ratify Council's June 23 action. In April of 1988 the City issued $4,455,000 of storm drainage revenue bonds for the purpose of financing the acquisition and construction of improvements to the storm drainage system. The net effective interest ' rate on those bonds is 7.69842%. The remaining principal balance can be refunded in today's market at a net effective interest rate of 6.14% which will result in a net present value savings of $169,557 to the City in payment of the debt service. The Ordinance requires the City to establish an escrow account for the payment of the Refunded Bonds into which most of the proceeds of the Storm Drainage Revenue Refunding Bonds, Series 1992 (the "Refunding Bonds") will be deposited. Refunded Bonds will be called prior to their respective maturity dates according to the optional redemption terms of that issue. The Loan Agreement between the Colorado Water Resources and Power Development Authority and the City will provide about $25,000,000 for the purpose of constructing improvements at Waste Water Treatment Plant #2. The improvements will add 6.6 million gallons of capacity to the plant. Improvements to Waste Water Treatment Plant #1 will maintain its rated capacity at 6.0 million gallons per day. The proposed improvements were recommended by the Wastewater Treatment Master Plan Committee and adopted ' 413 July 7, 1992 by the Council on August 7, 1990. In late 1991, the Council approved the application by the City to participate in the state loan program. The State Legislature and the Colorado Department of Health have also reviewed and approved the project. The Authority expects to market bonds for the loan program on July 15. Final interest rates will be determined after the marketing and sale of the bonds and will be included in the ordinance on second reading, scheduled for July 21. 16. The City implemented the Gas Company Occupation Tax in 1987. The purpose of the tax is to compensate the City for costs of using publicly owned rights of way to transport natural gas. The current provisions of the Code provide for monthly payments of the tax to the City. Public Service Company has requested a quarterly payment schedule which will better match the revenues that it receives during the year. The proposed ordinance changes the timing of the payments from monthly to quarterly. It further provides some flexibility to Public Service Company to match its revenue ' cash flows with the occupation tax requirement of the City. Finally, the proposed ordinance redefines the taxable year from May 1 to April 30 to the City's fiscal year, January 1 to December 31. 17. Items Relating to Purchase Power Rate Increase. A. Resolution 92-101 Allowing a One Year Exemption from the Portion of the Financial and Management Policies, Resolution 91-138, Requiring Positive Net Income in the Light and Power Fund. B. Hearing and First Reading of Ordinance No. 77, 1992, Appropriating Prior Year Reserves in the Light and Power Fund. As discussed with Council at the June 23, 1992 work session, purchase power costs will increase approximately $450,000 over the budgeted amount for 1992. The April 1, 1992 wholesale rate increase will also impact the 5 year plan by approximately $1,800,000 per year. That is equivalent to a 4.3% retail rate increase. In addition the Light and Power Utility has identified the need to increase rates an additional 3.1% to cover the projected cost of operations through 1997. The Electric Board and Utility Staff are recommending using a portion of the Purchase Power Reserve to delay implementation of the retail rate increase until January 1, 1993. A rate increase of 7.4% will leave the Purchase Power Reserve at $5,100,000 year end 1997. 414 19. U-i1 July 7, 1992 In order to improve the bridges over Spring Creek at Stuart and Stover Streets and widen the Spring Creek channel, the City acquired the land, house and two duplexes at 1721 Stover Street and 701-703 and 705-707 East Alpert Court. The structures must be removed from the site. The Housing Authority has requested_ that the City donate the structures to them. The Housing Authority will retain move the structures from the site, but will leave the portions of the walls. The City will be responsible f remaining portions of the structures. This ordinance donation of the structures to the Housing Authority in Chapter 23, Article IV, of the City Code. three a contractor to foundations and or removing the authorizes the accordance with During the current year, Fort Collins Police Services has continued to utilize existing state statutes to seize money and property used in criminal activity. By statute, monies allocated by the court to the seizing agency shall not be considered a source of revenue to meet normal operating needs. These monies are used, instead, to meet expenses incurred by the agency in performing duties and meeting obligations which have not been funded through the routine budget process. These monies represent court awards and seizure sharing with federal agencies in the time period January 1 through June 30, 1992. These funds have been deposited in the General Fund and set aside in a restricted reserve for police expenditure following appropriation. This appropriation of $96,163 is similar to the appropriation made by the adoption of Ordinance No. 16, 1992. In accordance with state statute, City Council will be provided an accounting of all 1992 seizure expenditures early in 1993. Items Pertaining to the Burns Second Annexation and Zoning. A. Resolution 92-102 Setting Forth Findings of Fact and Determinations Regarding the Burns Second Annexation. B. Hearing and First Reading of Ordinance No. 80, 1992, Annexing Approximately .3848 Acres, Known as the Burns Second Annexation. 415 21. July 7, 1992 C. Hearing and First Reading of Ordinance. No. 81, 1992, Zoning Approximately .3848 Acres, Known as the Burns Second Annexation, into the R-F, Foothills residential, Zoning District. This is a request to annex and zone approximately .3848 acres located west of Overland Trail and south of West Drake Road. The requested zoning is the R-F, Foothills Residential, District. The property is presently undeveloped. The property is currently zoned FA-1 Farming in the County. This is a voluntary annexation. The Cultural Development and Programming Account had carry-over funds not allocated in previous years in the amount of $7,205; and $3,190 which was disbursed from the Cultural Development Programming Account, not used by recipients and reimbursed to the City of Fort Collins. These funds are in the General Fund and must be appropriated into the Cultural Development and Programming Account so they can be used to promote cultural development and programming activities. ' Lodging tax receipts for 1991 were estimated to be $236,000 while the actual receipts totalled $253,822. The 1992 budget appropriation was calculated from the estimated figure while the disbursement is based on actual prior year Lodging tax receipts. This Ordinance, if adopted, will appropriate the additional 1992 Lodging tax receipts in the amount of $17,822 which will be disbursed in a 25/75 percent split between the Cultural Development and Programming Account, and the Fort Collins Convention and Visitors Bureau. 22. $ 4,456 - Cultural Development and Programming (25%) 13,366 Fort Collins Convention and Visitors Bureau (75%) $17,822 Based on the 1992 Lodging tax receipts of $253,822, the Cultural Development and Programming Account will receive $63,456 (25%) and the Fort Collins Convention and Visitors Bureau will receive $190,366 (75%) for the 1992 budget year. At its March 3, 1992 meeting the City Council unanimously adopted Ordinance No. 28, 1992 which stated that any Board or Commission that 416 23. July 7, 1992 reviews funding, proposals should make recommendations to the Council rather than having final decision making authority with regard to such proposals. This Resolution disburses funds in the City's Cultural Development and Programming Account as recommended by the Cultural Resources Board at its regular meeting of June 24, 1992. The purpose of the Resolution is to authorize the amendment of the March 5, 1991 intergovernmental agreement between the City and Colorado State University. That agreement provides Colorado Office of Energy Conservation (OEC) grant funds to the City for recycling promotion and education. The grant was jointly awarded to the City of Fort Collins, Larimer County, the City of Loveland, the Town of Estes Park and CSU, with CSU serving as the primary administrative agency to the DEC. The sole purpose of Amendment No. 1 is to extend the expiration date of the agreement to December 31, 1992. The Natural Resources Division had ' several of the planned grant projects on hold until the County Commissioners made a final decision on building the Intermediate Processing Center (IPC). The DEC approved the City's request to amend the termination date of the grant on December 17, 1991. As a formality, CSU is submitting the Amendment No. 1 document to the City for the Mayor's signature. 24. Resolution 92-105 Authorizing the Mayor to Enter Into a Lease of City Property to Front Range Community College. Pursuant to Resolution 91-140, the City purchased a 10-acre park site from Poudre R-1 School District located adjacent to McGraw Elementary School. This site is south of West Harmony Road between Front Range Community College and the Clarendon Hills Subdivision on Hinsdale Drive. The closing on the purchase was held on June 15, 1992. The purchase price was $167,802. For some years, Front Range Community College has been operating a small farm on this site as part of its agricultural education program. Most of the farm area is within the land purchased by the City. Front Range Community College would like to continue its agriculture operation here and want to lease the farm for that purpose. It will be a few years before the City can develop the new park site and having the College present on the site serves the public purpose of having , 417 July 7, 1992 ' the property maintained without cost to the City and deterring vandalism. It also helps promote quality agricultural education in our community. The lease calls for Front Range Community College to do all maintenance and upkeep plus pay for all utilities. The lease would run for two years at a cost of one dollar a month. 25. Resolution 92-106 Authorizing the Mayor to Enter into a Lease of City Property to the Poudre School District R-1 for Bus Parking Purposes. On June 15, 1992, the City purchased a ten acre park site from the Poudre School District R-1 near Clarendon Hills and Front Range Community College. The park is adjacent to the new McGraw Elementary School. The School District is in the process of finding a bus garage facility in south Fort Collins. Until this gets worked out, the District would like to park up to 17 school busses on a corner of the park property. The District would use the existing farm house for office space, telephone needs and restroom. They would also like to use one shed to park a small tractor used for snow removal. This lease serves the public purpose of promoting cooperation between the City and the District, results in the property being maintained without cost to the City and deters vandalism. ' 26. From time to time, Colorado -Big Thompson (CBT) project water is turned over to the City of Fort Collins to satisfy raw water requirements. The developer of the Kingston Woods PUD has requested that the City accept 15 units of CBT water as partial satisfaction of the raw water requirements. To accomplish such transfers, the Northern Colorado Water Conservancy District (NCWCD) requires a Temporary Use Permit application be approved by a City Council resolution. Transfers of water are initially made using Temporary Use Permits, since permanent contracts are more complicated and take longer. The Utility expects to convert all CBT water owned and used under Temporary Use Permits to a permanent contract at the end of 1992. This resolution authorizes the City Manager to execute an application for a Temporary_ Use Permit. 27. Council has requested a resolution supporting a multi -modal approach to access the new Denver International Airport. The issue of access to the ' new airport was discussed at a Tri-Cities Chamber of Commerce 418 U July 7, 1992 Transportation Summit on May 7 of this year. This meeting brought together individuals from northern Colorado to discuss the access issues to the new airport. The attendees of this meeting discussed the need for a coordinated north front range effort. The communities were asked to produce a resolution defining each city's policy position regarding access to the new Denver International Airport. The proposed Resolution emphasizes a multi -modal access approach, and identifies the Colorado Department of Transportation as playing a leadership role in planning and implementing access to the new Denver airport. The Resolution also identifies the North Front Range Transportation and Air Quality Planning Council as a key player in this issue. On April 27, 1992, the Planning and Zoning Board ("the Board") reviewed the proposed site plan for the new Fort Collins High School, which review was conducted pursuant to the relevant provisions of the Colorado Revised Statutes. At that hearing, the Board decided that the school site plan and the location, character and extent of the proposed improvements to be I constructed on the site conform to the adopted elements of the City's Comprehensive Plan. The Board voted to approve the development of the high school and, as a part of its vote of approval, incorporated eight "comments" which were communicated to the Poudre R-1 Board of Education for its consideration. Those comments are contained in a letter dated April 28, 1992, from Ted Shepard to Keith M. Dixon, Executive Director, Central Area of the Poudre R-1 School District. On May 11, 1992, Councilmember Winokur filed a Notice of Appeal of the decision of the Board, pursuant to Section 2-49 of the City Code, and on June 2, 1992, the City Council, after notice given in accordance with Section 2-54 of the Code, considered the appeal, reviewed the record and heard statements from the appellant and other parties -in -interests. At the conclusion of the hearing, the Council voted 5 - 2 to uphold the decision of the Board, finding that the proposed site plan for the high school is generally consistent with the Comprehensive Plan of the City and that the location, character and extent of the proposed improvements to be constructed also conform to the Comprehensive Plan. The Council also decided that the decision of the Board should be modified by.changing the 419 II July 7, 1992 first and second "comments" as contained in Ted Shepard's letter to "conditions of approval" which incorporate the wording of the letter and the comments of Board members as indicated by the minutes of the Board hearing. 29. Resolution 92-110 Setting the Compensation for Municipal Election Judges. 30. 31. The City Code requires that the compensation for election judges for municipal elections be set by Council resolution. Compensation for municipal election judges was last increased for the 1991 election. Based on an increase to 74 polling places for the April 6, 1993 regular city election, the recommended increase would change the compensation for the 74 supply judges from $60 to $75 per election, while the 148 regular judges would receive an increase in compensation from $55 to $65 per election. The recommended rates are in line with compensation paid by Larimer County to judges at General and Primary Elections. Resolution 92-111 authorizes the purchase of 6.6 acres of land in southwest Fort Collins to meet multiple City objectives. Acquisition of approximately two acres is necessary for stormwater management purposes. Acquisition of the remaining area will enhance the conservation of an important natural area and will provide for undeveloped public open space. Various easements and fee title interests are needed on the property located on the southwest corner of Shields Street and Prospect Road. Specifically, easements are needed for relief sewer line installation, drainageway improvements and slope encroachments from roadway fill. A fee title interest is necessary for right turn improvements at Prospect Road and Shields Street. Due to the City's need to begin construction of these improvements and the owner's unwillingness to sell for the property's appraised value, eminent domain proceedings should be initiated. Negotiations will continue and eminent domain proceedings will only be completed if negotiations fail. 32. Routine Deeds and Easements. a. Deed of Easement from New Colony, Ltd. for utility purposes over a portion of Foothills Apartments Addition. Monetary consideration: $0 420 July 7, 1992 b. Deed of Easement from Timberline Partners, Ltd., and Pine Cone Farm, Inc. for installation and maintenance of a detention pond over a portion of Lot 1 Horsetooth Business Park 1st Filing. Monetary consideration: E 0 c. Deed of Easement from Timberline Partners, Ltd., and Pine Cone Farm, Inc. for utility installation and maintenance over a portion of the Northeast 1/4 of Section 31, Township 7 North, Range 68 West of the 6th P.M., Fort Collins, CO, adjacent to Timberline Road and South of Bighorn Drive. Monetary consideration: E 0 d. Deed of Easement from Shields Street Corporation for drainage and utility purposes over a portion of Hickory Hill Village at Cunningham Corner, P.U.D. Monetary consideration: $ 0 e. Deed of Easement from Kimbel J. Stuart for drainage and stormwater detention over a portion of the Northwest 1/4 of Section 33, Township 7 North, Range 69 West of the 6th P.M., Fort Collins, CO, adjacent to Springfield Subdivision 6th Filing. Monetary consideration: b 0 f. Deed of Easement from Robert K. Glover for drainage over a portion of Lot 9, Blevins Subdivision. Monetary consideration: $ 0 g. Deed of Easement from Robert K. Glover for utility purposes over a portion of Lot 9, Blevins Subdivision. Monetary consideration: $ 0 h. Deed of Easement from Robert K. Glover for utility purposes over a portion of Lot 9, Blevins Subdivision. Monetary consideration: E 0 i. Powerline Easement from Gary N. and Nancy C. Dunlap to accomodate existing underground electric service. Monetary consideration: $10 j. Deed of Dedication from Elmer L. Brune and William J. Brune dedicating a parcel of land on Horsetooth between Stanford and Stover. Monetary consideration: $10 Ordinances on Second Reading were read by title by City Clerk Wanda Krajicek. 8. Items Pertaining to the Webster Second Annexation and Zoning. A. Second Reading of Ordinance No. 65, 1992, Annexing 91.0353 Acres, Known as the Webster Second Annexation. 91 421 July 7, 1992 9. Second Reading of Ordinance No. 68, 1992 Amending Chapter 29 of the Code of the City of Fort Collins Relating to Zoning Regulations. 10. Second Reading of Ordinance No 69 1992 Appropriating Unanticipated Revenue in the General Fund. 11. 12. 13. Express Airlines. im Ordinances on First Reading were read by title by City Clerk Wanda Krajicek. 14. 15. 16. Gas Company Occupation Tax. 17. Items Relating to Purchase Power Rate Increase. B. Hearing and First Reading of Ordinance No. 77, 1992, Appropriating Prior Year Reserves in the Light and Power Fund. 422 is. 19. 20. 21. 37. July 7, 1992 Items Pertaining to the Burns Second Annexation and Zoning. Q C. Councilmember Azari made a motion, seconded by Councilmember Edwards, to adopt and approve all items not removed from the Consent Calendar. 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. Items Relating to Purchase Power Rate Increase, Postponed to 7/21 The following is staff's memorandum on this item. "FINANCIAL IMPACT Year end 1992 Purchase Power Reserves, in the Light and Power Fund, were $8,062,291. This Ordinance will appropriate $500,000 of that reserve to cover an unanticipated purchase power rate increase that was effective April 1, 1992. No direct financial impact will result from the passage of the Resolution. 423 1 July 7, 1992 EXECUTIVE SUMMARY A. Resolution 92-101 Allowing a One Year Exemption from the Portion of the Financial and Management Policies, Resolution 91-138, Requiring Positive Net Income in the Light and Power Fund. Hearing and First Reading of Ordinance No. 77, 1992, Appropriating Prior Year Reserves in the Light and Power Fund. As discussed with Council at the June 23, 1992 work session, purchase power costs will increase approximately $450,000 over the budgeted amount for 1992. The April 1, 1992 wholesale rate increase will also impact the 5 year plan by approximately $1,800,000 per year. That is equivalent to a 4.3% retail rate increase. In addition the Light and Power Utility has identified the need to increase rates an additional 3.1% to cover the projected cost of operations through 1997. ,The Electric Board and Utility Staff are recommending using a portion of the Purchase Power Reserve to delay implementation of the retail rate increase until January 1, 1993. A rate increase of 7.4% will leave the Purchase Power Reserve at $5,100,000 year end 1997. ' To implement this plan, two Council actions are required: 1. An increase in purchase power cost, without a corresponding increase in Operating Revenue will create negative net income in the Light and Power Fund. To avoid an adverse reaction in the financial community (Bonding Agencies) and violation of the City's Financial and Management Policies, staff requests Council approval of a one year exemption from that requirement. The January 1, 1993 rate increase will be proposed at a level sufficient to avoid future negative net income. 2. The April 1, 1992 purchase power rate increase was unknown at the tim a of the 1992 Budget appropriation. Funds are available in the Purchase Power Reserve and staff is requesting an appropriation of $500,000 from that reserve to cover the approximate $450,000 deficit in the 1992 appropriation. The proposed retail rate increase will be presented for Council consideration with the 1993 Budget. A cost of service study is currently underway to determine the specific impacts on individual customer rate classes." Utilities Director Rich Shannon gave a brief presentation on this item. Councilmember Horak questioned why the City is exempting itself from the policy, and stated the language needed to be more explicit. ' 424 July 7, 1992 1 Mayor Kirkpatrick suggested postponing consideration of the item pending further review regarding the language contained in the Resolution. Councilmember Horak made a motion, seconded by Councilmember Winokur, to postpone consideration of Resolution 92-101 and Ordinance No. 77, 1992 until July 21. The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers Azari, Edwards, Fromme, Horak, Kirkpatrick, Maxey and Winokur. Nays: None. THE MOTION CARRIED. Emergency Ordinance No. 78, 1992, of the Council of the City of Fort Collins Concerning the Donation of Three Structures to the Fort Collins Housing Authority, Adopted. The following is staff's memorandum on this item. "FINANCIAL IMPACT Funds for the demo iition/removal of the three structures are available in the capital improvement project to replace the bridges over Spring Creek at Stuart and Stover Streets and widen the Spring Creek Channel. ' EXECUTIVE SUMMARY In order to improve the bridges over Spring Creek at Stuart and Stover Streets and widen the Spring Creek channel, the City acquired the land, house and two duplexes at 1721 Stover Street and 701-703 and 705-707 East Alpert Court. The structures must be removed from the site. The Housing Authority has requested that the City donate the three structures to them. The Housing Authority will retain a contractor to move the structures from the site, but will leave the foundations and portions of the walls. The City wi17 be responsible for removing the remaining portions of the structures. This ordinance authorizes the donation of the structures to the Housing Authority in accordance with Chapter 23, Article IV, of the City Code. BACKGROUND: The Stuart/Stover Channelization Project is a joint effort between the Stormwater Utility, Engineering, and Parks and Recreation Departments. This project will improve the bridges over Spring Creek at Stuart and Stover Streets, widen the Spring Creek channel, and construct a bicycle trail under the new bridges. The construction of the bridge and channel improvements requires the acquisition and removal of five existing residential structures. Two of the structures have 425 1 July 1, 1992 already been removed. The remaining structures consist of a house at 1721 Stover Street and two duplexes at 701-703 E. Alpert Court and 705-707 E. Alpert Court. The cost of having a contractor demolish or move the three structures was estimated to be less than $30,000. Prior to soliciting bids for the removal of the buildings, the Housing Authority and Neighbor to Neighbor were contacted to see if they were interested in acquiring and moving the structures. The Housing Authority is interested in all three structures, and has requested that the City donate the structures to them. The Housing Authority will retain a contractor and bear the cost of moving the useable portions of the structures from the site. The City will be responsible for the cost of removing the foundations and wails that remain and cleaning up the sites. The cost to the City is still estimated to be less than the $30,000 budgeted for the work. The City Code provides that the City Council may authorize the sale, conveyance, or disposal of buildings or structures provided that the Council first finds, by ordinance, that such disposition is in the best interests of the City. This ordinance authorizes the donation of the three structures to the Housing Authority. An emergency ordinance is necessary because stormwaters recently washed away substantial portions of the Spring Creek embankment on the City's property where the structures are located. As a result, one of the structures is in danger of collapsing and falling into Spring Creek." Councilmember Edwards made a motion, seconded by Councilmember Azari, to adopt Ordinance No. 78, 1992 on First Reading. Engineering Manager Marc Engemoen described the condition of property, clarifiying the time table had to be accelerated due to the recent storm. City Attorney Steve Roy outlined procedures for an Emergency Ordinance. Councilmember Horak expressed concerns regarding placing an emergency item on the Consent Calendar. The vote on Councilmember Edwards' motion was as follows: Yeas: Councilmembers Azari, Edwards, Fromme, Horak, Kirkpatrick, Maxey and Winokur. Nays: None. THE MOTION CARRIED. Ordinance No. 79, 1992, Appropriating Unanticipated Revenue from Police Seizure Activity, Adopted. The following is staff's memorandum on this item. 1 426 July 7, 1992 "EXECUTIVE SUMMARY During the current year, Fort Collins Police Services has continued to utilize existing state statutes to seize money and property used in criminal activity. By statute, monies allocated by the court to the seizing agency shall not be considered a source of revenue to meet normal operating needs. These monies are used, instead, to meet expenses incurred by the agency in performing duties and meeting obligations which have not been funded through the routine budget process. These monies represent court awards and seizure sharing with federal agencies in the time period January I through June 30, 1992. These funds have been deposited in the General Fund and set aside in a restricted reserve for police expenditure following appropriation. This appropriation of $96,163 is similar to the appropriation made by the adoption of Ordinance No. 16, 1992. In accordance with state statute, City Council will be provided an accounting of all 1992 seizure expenditures early in 1993." Councilmember Edwards made a motion, seconded by Councilmember Azari, to adopt Ordinance No. 79, 1992 on First Reading. Bruce Lockhart, 2500 E. Harmony Road, expressed his concerns regarding due I process. The vote on Councilmember Edwards' motion was as follows: Yeas: Councilmembers Azari, Edwards, Fromme, Horak, Kirkpatrick, Maxey and Winokur. Nays: None. THE MOTION CARRIED. Resolution 92-103 of the Council of the City of Fort Collins Adopting the Recommendations of the Cultural Resources Board Regarding Fort Fund Disbursements, Adopted. The following is staff's memorandum on this item. °EXECUTIVE SUMMARY At its March 3, 1992 meeting the City Council unanimously adopted Ordinance No. 28, 1992 which stated that any Board or Commission that reviews funding proposals should make recommendations to the Council rather than having final decision making authority with regard to such proposals. The following disbursements from funds in the City's Cultural Development and 427 1 July 7, 1992 Programming Account were recommended by the Cultural Resources Board at its regular meeting of June 24, 1992. Amount Organization Event Requested American Legion Post Alonzo Martinez $ 3,520 Golf Tournament August 8, 1992 Canyon Concert Ballet New West Fest 19400 Program August 21-23, 1992 Creative Writing Celebrating the Art 1,900 Program at CSU of Creative Writing 1992-93 School Year Dance Connection An Evening of 1,685 Dance Works Oct. 9 & 10, 16 & 17, 1992 Fine Arts Series Miriam Schapiro Res. 3,000 at CSU Sept. 21 - Oct. 2, 1992 Ft. Collins Balloon Ft. Collins Balloon 12,600 Festival Festival September 18-20, 1992 Ft. Collins Fall Production 1,000 Children's Theatre November 19 - 22, 1992 Ft. Collins Public Lunch & Lecture Series 1,500 Library July 13, 1992 - June 14, 1993 Ft. Collins Symphony Chamber Orch. Series 2,000 Sept. 1992 - April 1993 Ft. Collins Symphony Family Pops Concert 2,225 August 23, 1992 Ft. Collins Symphony Oak Street Sundays S 2,700 June 28 - Aug. 30, 1992 Friends of Gustafson Art for Adornment 1,500 I Gallery October 4, 1992 428 Amount Recommended $ 0 1,400 1,900 1,685 3,000 10,000 500 1,500 2,000 1,500 2,700 1,000 July 7, 1992 Holy Family Church Holy Family Fiesta 2,500 500 July 10-12, 1992 InterFraternity CSU Homecoming Parade 3,855 3,855 Council October 3, 1992 Larimer County Triathlon & Biathlon 1,000 1,000 Partners August 2, 1992 Lutheran Family Ser. Resolution Run 1,400 700 Amer. Red Cross December 31, 1992 One West Contemp. Quilts as Art 2,150 2,150 Art Center Jan. 8 - Feb. 27, 1993 Outdoor Cafe Theatre Outdoor Cafe Theatre 1,500 1,500 at CSU June 30 - Aug. 1, 1992 = Poudre Landmarks Historic Homes Tour 3,000 1,500 Foundation September 12, 1992 Rocky Mountain Dinosaurs Alive 3,000 NR* 0 ' Zoological Society August I - Nov. 1, 1992 6,500 R** 0 * Non -reimbursable funding ** Reimbursable Funding" Councilmember Azari made a motion, seconded by Councilmember Fromme, to adopt Resolution 92-103. Jorge Figueroa, Rocky Mountain Zoological Society, requested Council amend the Resolution to allocate $9,000 in reimbursable funds for the Dinosaurs Alive program to be reimbursed by September 1. Bill Kneeland, Cultural Resources Board Chairperson, stated the Board did not support funding for the Dinosaurs Alive program stating the funds would be better utilized by other organizations. Dave Siever reported on the Cultural Resources fund balance. Councilmember Horak commended the Cultural Resources Board for its efforts. Councilmember Edwards spoke in support of the Resolution. The vote on Councilmember Azari's motion was as follows: Yeas: Councilmembers Azari, Edwards, Fromme, Horak, Kirkpatrick, Maxey and Winokur. Nays: None. ' 429 July 7, 1992 THE MOTION CARRIED. Resolution 92-108 Recommending the Development of a Multi -modal Plan of Access for the Denver International Airport, Adopted. The following is staff's memorandum on this item. "EXECUTIVE SUMMARY Council has requested a resolution supporting a multi -modal approach to access the new Denver International Airport. The issue of access to the new airport was discussed at a Tri-Cities Chamber of Commerce Transportation Summit on May 7 of this year. This meeting brought together individuals from northern Colorado to discuss the access issues to the new airport. The attendees of this meeting discussed the need for a coordinated north front range effort. The communities were asked to produce a resolution defining each city's policy position regarding access to the new Denver International Airport. The proposed Resolution emphasizes a multi -modal access approach, and identifies the Colorado Department of Transportation as playing a leadership role in ' planning and implementing access to the new Denver airport. The Resolution also identifies the North Front Range Transportation and Air Quality Planning Council as a key player in this issue." Councilmember Edwards made a motion, seconded by Councilmember Maxey, to adopt Resolution 92-108. Bruce Lockhart, 2500 E. Harmony Road, urged Council not to adopt the Resolution and spoke of his concerns regarding the completion of the Airport. Angela Sipe, Issues Manager for the Northern Colorado Legislative Alliance, urged Council to adopt the Resolution. Councilmember Fromme stated she supported the Resolution in the hopes that an alternative to E470 will be found. Mayor Kirkpatrick spoke in support of the Resolution and stated only through a formal action of the Council would a representative be sent. The vote on Councilmember Edwards' motion was as follows: Yeas: Councilmembers Azari, Edwards, Fromme, Horak, Kirkpatrick, Maxey and Winokur. Nays: None. THE MOTION CARRIED. 430 July 7, 1992 Councilmember Reports Councilmember Winokur reporting on the findings of the Fort Collins High School appeal and spoke of parking concerns. Mayor Kirkpatrick spoke to Item #15, Hearing and First Reading of Ordinance No. 75, 1992, Authorizing the Execution of a Loan Agreement Between the City and the Colorado Water Resources and Power Development Authority for the Issuance of City of Fort Collins Sewer Revenue Bonds, Series 1992, Dated June 15, 1992 in the Aggregate Principal Amount of 25,000,000 for the Expansion of Wastewater Treatment Facilities, noting it represents long term planning on the part of the Water and Wastewater Utility and commended staff and Councilmembers who participated on the Committee. Ordinance No. 71, 1992 Authorizing the City Manager to Enter into a Contract to Purchase the Site for the Fort Collins Senior = Citizen Center and Appropriating Prior Year Reserves for the Acquisition of this Site and for Site Development Costs. Adopted on Second Reading. The following is staff's memorandum on this item. I "EXECUTIVE SUMMARY On May 19, 1992, City Council adopted Resolution 92-89, selecting seven acres in the Raintree P.U.D. as the preferred site for the new senior citizen center. On June 2, Council adopted on First Reading by a vote of 5-2 Option A of Ordinance No. 71, 1992, which authorizes the City Manager to enter into a purchase agreement with Raintree Associates for seven acres for $346,000 and authorizes the appropriation of funds from City reserves ($342,000 from the Capital Projects reserves and $91,000 from the General Fund Contingency reserve) for the purchase and for $87,000 in associated development costs." Councilmember Azari made a motion, seconded by Councilmember Maxey, to adopt Ordinance No. 71, 1992 on Second Reading. City Manager Steve Burkett stated that adopting the Ordinance on Second Reading would fund the acquisition of the land and the construction of the Center to include a lap pool. He clarified the project had not yet reached the design phase. Councilmember Azari stated her motion did not include the approval of a swimming pool. Elnora Martinelli, 2921 Terrylake Road, urged Council adopt the Ordinance and questioned if lottery funds could be used for the acquisition of the site. ' 431 July 7, 1992 Norma Benson, 2909 Eagle Drive, presented Council with a petition containing over 300 signatures requesting a pool at the Senior Citizens site for theraputic and fitness purposes. June Bergstrom, member of the Fort Collins Senior Games Board, expressed concerns that constructing a pool would be more cost effective at the present time rather than in the future. Bruce Lockhart, 2500 E. Harmony Road, expressed concerns regarding the expenditure of funds for a lap pool. Marilyn Cook, a Fort collins resident, stated Council should keep service in mind when speaking of designated populations in the area. Andy Anderson, President of the United Seniors of Colorado, spoke in favor of a pool for seniors exclusively. Evelyn Clarke, 1401 Lindenwood Drive, opposed a swimming pool at the Senior Citizen Center. Bill Davy, 1016 East Lake, representing the American Arthritis Foundation, supported constructing a pool at the Senior Citizen Center and spoke of warm water therapy benefits. Kay Rios, member of the Senior Advisory Board and member of the Building Team, supported the Ordinance and spoke of the process involved in designing the facility. Jill Taylor, coordinator for health and welfare programs for Seniors in Fort Collins, read letters endorsing the construction of a pool at the Senior Citizens Center. Al Bacilli, 520 Galaxy Court, urged Council to adopt the Ordinance. Gil Wilson, 1733 Elim Court, stated he supported the concept of a pool at the site and presented a list of costs to maintain a pool in his private Homeowner's Association. Winifred Murdy, 1912 Orchard Place, urged Council to adopt the Ordinance. Jean Simpson, member of the Senior Advisory Board, asked Council to adopt the Ordinance on Second Reading. Councilmember Fromme questioned cost differences in maintaining a pool in the private sector and maintaining a City facility. 432 July 7, 1992 Recreation Manager Jean Helburg spoke of resources required for maintenance and staffing. Councilmember Azari supported the Ordinance, noting the item addressed the purchase of a site not the the approval of a swimming pool. She urged concerned citizens to continue to stay informed in the planning process. Councilmember Fromme suggested investigating alternative solutions regarding the pool. Councilmember Edwards stated he would not support the motion. Mayor Kirkpatrick stated she felt it was important to stay within the budget of Choices 95 and noted she would not support the motion. Councilmember Winokur supported the motion and spoke of many projects the City is currently funding that seemed to be poor choices. The vote on Councilmember Azari's motion was as follows: Yeas: Councilmembers Azari, Fromme, Horak, Maxey and Winokur. Nays: Councilmembers Edwards and Kirkpatrick. THE MOTION CARRIED. ' Ordinance No. 83, 1992 Making Certain Amendments to Chapter 2 of the Code Pertaining to the Human Relations Commission, Adopted. The following is staff's memorandum on this item. "EXECUTIVE SUMMARY This Ordinance would amend the functions of the Human Relations Commission ("HRC") authorizing: 1) The HRC to develop a citizen liaison program to assist citizens as they proceed through the internal police complaint process; 2) designated police subcommittee members to participate in the review of internal investigations; and 3) the HRC to hear appeals from decisions of the Police Chief and to make certain recommendations to the City Manager. BACKGROUND: Last August, the Council directed the Health and Safety Committee to work with the Human Relations Commission and staff to develop recommendations concerning policy options for the handling of police complaints. In April of 1992, the Council received the final report and recommendations of the Council Health and Safety Committee. This report reflected a consensus of ' 433 July 7, 1992 1 the Health and Safety Committee and the HRC in proposing certain changes to the police complaint process. Council also adopted Resolution 92-62 (included herein as Attachment E for your reference) which directed the HRC to develop guidelines and criteria for a citizen liaison program and directed staff to prepare legislative changes specifically authorizing: (1) the citizen liaison program, (2) the review of certain internal investigations before any administrative decision is made by the Chief of Police and (3) the hearing of appeals from the Chief's decision. In addition to Ordinance No. 83, 1992, which incorporates the necessary legislative changes, and Resolution 92-62, there are several attachments to this Agenda Item Summary. Attachment A is a memorandum from the Chief of Police. In it, he specifies a number of changes that will be incorporated into Police Services' revised internal investigation policy as a result of Council's authorization of the Citizen Liaison Program and the HRC Police Subcommittee's expanded role in reviewing internal investigations. Attachments B, C and D reflect the details for implementing the Citizen Liaison Program- as envisioned by the HRC. The Human Relations Committee Police Subcommittee members (Gary Wells, Mary Daniel, Linda Beardsley and Harold Wallace) actively participated in the development of this Program. Attachment 8 describes the purpose and role of the Citizen Liaison Program and the process for liaison recruitment and selection. It addresses the number of liaisons, the advertising and application process, appointment screening criteria, length of terms for liaison service and an evaluation process. Attachment C is a sample application for use in liaison recruitment and selection. The Citizen Liaison Process outline (Attachment D) describes the step by step process for assisting citizens through the police complaint process and will be used as an aid for individual liaisons. The HRC is interested in any comments Council may have concerning the content of Attachments B, C or D. Ordinance No. 83, 1992 includes, in Sections 2 and 4, some non -substantive language changes. Similar changes will be made to the sections of the Code of the City of Fort Collins which address other Council boards and commissions in a future ordinance. The purpose of these changes is to bring the language concerning the common subjects of appointments, length of terms and filing of minutes for all boards and commissions into a consistent format. Section 3 of the Ordinance represents the substantive changes directed by Resolution 92-62. Section 2-263, Subsection (3), authorizes the HRC to develop the citizen liaison program and appoint liaisons. Section 2-263, Subsection (4), authorizes HRC Police Subcommittee participation in the review of certain. categories of internal investigations. Section 2-263, Subsection (5), authorizes the HRC to act as an appeal board for complainants who wish to have further review after a decision has been made by the Chief of Police. 434 July 7, 1992 Each of these subsections incorporates the particulars set out in Resolution 92- 62. In addition, as a result of further staff discussion about how to make the system workable for all concerned, Subsection (4) has been modified somewhat from the language contained in the Resolution. First, subsection (4)(a) states that the kinds of complaints which the HRC can review are not necessarily limited to those that are listed. Also, with regard to the category of offenses referenced as "breaches of a citizen's civil rights," the wording was so broad in the Resolution as to encompass many minor complaints involving the taking of driver's licenses, and the numbers of investigations referred would greatly exceed the 25 - 30 contemplated by Council and the HRC in developing this process. For that reason, the language now set out in this subsection references "serious" civil rights violations. The second variation from the terms of the Resolution is found in (4)(c). It allows the HRC Police Subcommittee to decide, on a case by case basis, whether to conduct its review as a whole, to refer it to a single Subcommittee member or to decline to accept an investigation for review. The concept of having individual members conduct some reviews in lieu of the Subcommittee as a whole was discussed by the HRC and Council Health and Safety Committee. In addition, the proposed language gives the Subcommittee the ability to decline to review any individual case. The intended result of these options is to enable the Subcommittee to exercise some control over its workload and, at the same time, ' use its time and resources on the cases in which it can be most effective." Employee Development Director Jaime Mares outlined. the background of this item. Gary Wells, former Chairperson of the Human Relations Commission, urged adoption of.the Ordinance. Councilmember Maxey made a motion, seconded by Councilmember Azari, to adopt Ordinance No. 83, 1992 on First Reading. Mayor Kirkpatrick stated it was an innovative idea and spoke of her enthusiasm in seeing the project proceed. 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 92-113 of the Council of the City of Fort Collins Adopting a Strategy for the Future Planning and Provision of General Government Facilities, as Described in Scenario C of the Strategic Facility Plan for General Government Services, Adopted. 435 1 July 7, 1992 The following is staff's memorandum on this item. "EXECUTIVE SUMMARY Adoption of this strategy as described in Scenario C of the Strategic Facility Plan for General Government Services provides the following guidance and direction for future general government facilities planning: When needed and approved, construction of new facilities should be three to four stories in height and in a downtown "campus" style; Analyze other sites near Block 31 to meet facilities needs with the probability of continuing to use Block 31 for parking; Due to the physical constraints of City Hall East, facilities needs of Police Services is a high priority; Plan to continue to use City Hall East to meet general office needs, Continue to explore opportunities for joint City/County facilities as the County's future facility plans become apparent. ' BACKGROUND: An interim report on the Strategic Facility Plan for General Government Services was presented to City Council at a worksession in December 1991. That report reviewed the progress on the city-wide Facility Master Plan and the need for a Strategic Facility Plan for General Government Services to fill in the "data -gap" in the overall city-wide plan. Several alternative strategies were reviewed with Council in order to determine future planning directions for providing general government facilities. The consensus of Council focused on Scenario C as the recommended strategy and staff was directed to proceed with a public outreach process prior to bringing the plan/strategy back to Council for adoption. Twenty organizations and community groups were contacted, including Citizen Planners, Downtown Business Association and Challenge Fort Collins. Presentations were given to eight organizations, including the Board of Realtors, Downtown Development Authority, Rotary Club, and the Planning and Zoning Board. One public open house was held, to which approximately twenty residents representing various neighborhood groups or other interests were personally invited. Additionally, the Block 31 Committee of City and County representatives met and discussed the plan and strategies on May 20, 1992. The adoption of this strategic plan does not commit funds nor does it design buildings. This strategy will provide guidance for meeting future space needs. Actual growth will be measured against the baseline established by the plan. The ' plan will then be revised to reflect the current situation. Without this plan, 436 July 7, 1992 the provision of facilities to meet service needs will continue to be short-term, reactionary, and expensive. No land purchases or construction will take place until space needs are recognized by the Council and budgets approved. The facility needs identified in the Strategic Plan are expected to be funded through major capital improvement planning and budgeting processes, similar to the capital improvement programs of the past." Planner/Architect Wendy Irving gave a slide presentation on this item and outlined the Strategic Plan. Mayor Kirkpatrick questioned what would have happened if a Strategic Plan had been implemented prior to the purchase of the 281 N. College site. Tom Frazier clarified that if a plan had been in place at the time of the 281 North College agreement, it would have saved the City considerable time and frustration. Mayor Kirkpatrick questioned the number of employees per capita and how that number compares with City's of comparable size. City Manager Steve Burkett pointed out the difficulty in comparing Fort Collins to other cities since Fort Collins has an Electric Utility. Bruce Lockhart, 2500 E. Harmony Road, opposed the Resolution and questioned the ' City's motiviation in locating offices in the northern section of the City when City growth is migrating south. Evelyn Clarke, 1401 Lindenwood Drive, suggested using vacant school sites as a location for City facilities. Councilmember Fromme stated the City should examine the possibility of utilizing the Fort Collins High School site. 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 92-114 Amending Resolution 91-99, Section 2, Item V, Relating to a Citizen Involvement Process for Capital Improvement Projects, Adopted Option A as Amended. The following is staff's memorandum on this item. I 437 July 7, 1992 'EXECUTIVE SUMMARY On May 12, the Council discussed in work session its Work Plan item related to a citizen involvement process for Capital Improvement Projects. Staff was asked to revise the Work Plan item to provide the Council with three options: A. Actively participate in the leadership of the citizen based Challenge Fort Collins effort. B. Provide information and support for any citizen -initiated strategic planning efforts. C. Remove Section 2, Item V from the Council Work Plan. This Resolution contains three options. The option the Council wishes to pursue with respect to this item needs to be included in the motion for adoption. The Mayor and City Manager have been involved in the Challenge Fort Collins project since its inception. Any strategic planning effort done in the community will have a major impact on the City. Staff recommends that the City continue to play a leadership role in this effort by selecting Option A of the Work Plan itenr.- As a major institution in the community, it is important that the City play a leadership role and participate in the Stakeholder process outlined in the national Civic League process. Challenge Fort Collins presents a unique opportunity for the community to look to the future." Assistant to the City Manager Julia Novak gave a presentation on this item, outlined the options and urged Council to adopt Resolution 92-114, Option A. Councilmember Edwards made a motion, seconded by Councilmember Maxey, to adopt Resolution 92-114, Option A. City Manager Steve Burkett clarified there had not been a substantial amount of staff time involved in the project to date. Julia Novak clarified stakeholders represent themselves, not a particular entity. She commented the differences between Challenge Fort Collins and Choices 95, noting Challenge Fort Collins deals more with the needs of the community. Chris Kneeland, representing Challenge Fort Collins, explained the procedure in becoming a stakeholder and responded to Council questions regarding the process. She stated it is a process of inclusion and was modeled after the National Civic League process. Councilmember Winokur expressed concerns that stakeholders may use their positions as a launching ground for political offices. City Manager Steve Burkett spoke of the broad spectrum of projects that are being reviewed and stated education is an issue that is discussed most frequently. 438 July 7, 1992 Chris Kneeland responded to Council questions regarding similar organizations. Councilmember Fromme commended the members of Challenge Fort Collins for their efforts and stated she would like the wording in the Resolution to be broader encompassing similar interest groups and supported Option B. Chuck Patton, 1229 Teakwood Drive, stated he supported the goals of Challenge Fort Collins. He stated he opposed the membership and participation of the Mayor and City Manager suggesting a possible staff liaison be appointed to the group. Councilmember Winokur made a motion, seconded by Councilmember Azari, amending Resolution 92-114 Section 2, to read as follows; "Actively participate in the leadership of community based strategic planning efforts and assist such groups, including Challenge Fort Collins, in the development of plans for various projects, program and initiatives together with time tables for implementation and proposed funding methods.". The vote on Councilmember Winokur's motion to amend was as follows: Yeas: Councilmembers Azari, Fromme, Horak, Kirkpatrick, Maxey and Winokur. Nays: Councilmember Edwards. THE MOTION CARRIED. Councilmember Horak stated he supported the efforts of the group but expressed concerns regarding staff involvement and questioned staff's objectivity regarding certain projects. Mayor Kirkpatrick spoke in support of the Resolution. The vote on Councilmember Edwards' motion to adopt Resolution 92-114 as amended was as follows: Yeas: Councilmembers Azari, Edwards, Fromme, Horak, Kirkpatrick, Maxey and Winokur. Nays: None. THE MOTION CARRIED. Resolution 92-115 inq Financial and Manaaement Policies The following is staff's memorandum on this item. "FINANCIAL IMPACT Financial and Management Policies are used to establish guidelines for the 1993 Annual Budget and long range financial plans. These policies reflect Council direction and commitment to sound financial planning and management. 439 1 1 July 7, 1992 EXECUTIVE SUMMARY The Financial and Management Policies form the basis for the City of Fort Collins' Annual Budget. Staff has reviewed the policies and has made the following changes to be incorporated into the 1993 Annual Budget. Only those changes or additions that are material to the Financial and Management Policies have been listed. Section 1.1 Overview has been added. This is a general overview of what forms the foundation for development of the annual budget, and the Financial and Management Policies. This section was used as an introduction to the Financial and Management Policies in previous annual budget documents. Section 1.3(d)1. Prior Year Reserves has been amended to add that Council may appropriate from the Productivity Savings Reserve to fund items which were not included in the adopted budget. This ties to Section 4.1 and Section 5.2 that deal with the Productivity Incentive Policy and the Designated Reserve for Productivity Savings. Section 2.1 Revenue Review and Projection has been amended to eliminate references to the basis on which proposed fee rate increases are made. This section now describes an overview of the City's revenue and projection ' philosophy. The reference to fees and charges that were eliminated from this section has been incorporated into section 2.2 Fee Policy. Section 2.2 Fee Policv has been added. This Policy governs the fees charged by the City to cover the cost of services provided. This Policy identifies the kinds of services for which fees could be imposed by the City and establishes a uniform method for determining the appropriate percentage of costs to be recovered through such fees. The general principle is that the amount of a fee should not exceed the overall cost of providing the service for which the fee is imposed. This Policy was reviewed by the City Council and the Council Finance Committee and comments have been incorporated into this Policy. Staff is recommending adoption of the Policy at this time but is also conducting a survey of other municipalities and an administrative impact study to see whether the policy should be expanded to address the allocation of fee revenues to those areas which provide the service. If so, an amendment to that effect will be presented to Council within 60 days after completion of the necessary analysis. Section 3.4 Total Compensation Plan has been amended to clarify the purpose of the Plan. The Plan was amended to state that the experience, commitment and talent of the City employees is critical to the quality and value of City services, and that the City wi71 compensate employees better than seventy percent of comparable employers to the extent that such a level is consistent with the overall financial condition of the City. The Total Compensation Plan amendments 1 were reviewed by the City Council. 440 July 7, 1992 1 Section 4.1 General Fund Service Productivity Incentive Policy has been added. This Policy creates incentives to more closely examine spending decisions and to consider program related savings from service productivity before requesting additional General Fund resources. Increased productivity, rather than service decreases, must generate the savings. This Policy has been reviewed by the City Council and the Council Finance Committee. Section 5.2 General Fund Designated Reserve for Productivity Savings has been added. This reserve is designated for accumulated savings pursuant to the Service Productivity Incentive Policy previously noted. Council must approve, through an appropriation ordinance, any use of the accumulated savings from this reserve." Councilmember Azari made a motion, seconded by Councilmember Edwards, to adopt Resolution 92-115. Director of Finance Alan Krcmarik gave a brief review of the changes in the Financial Management Policies and spoke of the changes in the productivity reserve. City Manager Steve Burkett outlined the Total Compensation Policy and recommended Council retain the policy. Mike Thornton, member of the Faternal Order of Police, concurred with staff and I the Personnel Board and urged Council to adopt the Resolution. Brant Keeney, 1610 Westbridge Drive, supported the Resolution and noted that paying at the 70th percentile attracts quality employees. Councilmember Maxey expressed concerns regarding the sick leave policy. Councilmember Horak opposed the Total Compensation Plan, disagreeing with the statement "higher salaries attract quality employees". Councilmember Azari spoke in support of the Total Compensation philosophy and suggested incorporating sick leave needs as a part of the policy. Councilmember Edwards spoke in support of the policies and stated he supported the 70th percentile concept but expressed concerns regarding the public's perception of City employees. He suggested employees might volunteer in the public sector. The vote on Councilmember Azari's motion was as follows: Yeas: Councilmembers Azari, Edwards and Kirkpatrick. Nays: Councilmembers Fromme, Horak, Maxey and Winokur. IP.InuNI[oil yd1IA11w 441 1 July 7, 1992 Councilmember Winokur made a motion, seconded by Councilmember Edwards, to exclude Total Compensation from Resolution 92-115 Exhibit A and Adopt Resolution 92-115 as amended. The vote on Councilmember Winokur's motion was as follows: Yeas: Councilmembers Azari, Edwards, Fromme, Horak, Kirkpatrick, Maxey and Winokur. Nays: None. THE MOTION CARRIED. Resolution 92-84 Approving the Purchase of Property for Fossil Creek Trail Access and Trailhead in Clarendon Hills, Adopted. The following is staff's memorandum on this item. "FINANCIAL IMPACT The purchase price for this 1.3 acre lot is $33,000. The money is budgeted and available in the Conservation Trust Fund. EXECUTIVE SUMMARY This resolution authorizes the purchase of land (Lot 5) from Clarendon Hills Associates for trail purposes along Fossil Creek. This 1.3 acre site would provide an off street connection to the trail corridor on Fossil Creek and the Burns Tributary. The site would also serve as a trailhead and rest area for trail users. The purchase price of Lot 5 is comparable to other lots with Fossil Creek Drive access. Lots north of Fossil Creek with cul-de-sac access are valued at $55,000 or more. The Clarendon Hills Master Plan was prepared in 1986. The first filing, which includes Lot 5, was platted in 1987. The Parks and Recreation Master Plan, which includes the trail plan, was adopted by Council in February 1988. Consequently, the City's trail needs were not integrated into the Clarendon Hills Master Plan. This resulted in dealing with the developer in a buyer -seller mode in an effort to get trail right-of-way to an access point on Fossil Creek Drive. Subdivision regulations, Section 29-659, provide that reservations for public uses need to be mutually agreed upon with the developer. Items such as parks and trails are not granted automatically. Once a plat is approved, a developer has final authority to proceed. Any changes desired after that approval are subject to negotiation. Early in 1990, trail opportunities on the Burns Tributary were discussed with the developers. The trail underpass in conjunction with new storm drainage 442 July 7, 1992 improvements under Shields Street provided the opportunity to avoid a surface crossing of the street. Although the underpass project missed the 1991 construction season, the project started early in 1992 and is nearing completion. Design and project administration was performed by the developer's staff. The City's cost share was $15,000 for design and project management and $110,000 for construction, which was paid with Conservation Trust Fund monies. The majority of the City's trails work is devoted to completing the trail loop as defined in the City Council four year plan. This portion of the trail is not part of the primary loop system, but rather a portion of a future trail as defined in the Parks and Recreation Master Plan. The attached map shows the approximate location of this future loop. The City's interest in this section of trail would have been premature had not the work dictated by the Storm Water Utility created the opportunity for the Shields underpass and this need to connect to Fossil Creek Drive. Arterial streets such as Shields 'Street serve as funneling points for trail access. Lot 5, which is adjacent to Shields Street will serve in the future as a trailhead and rest area. The costs for widening and improving Shields Street along Lot 5 (about $7,000) are being paid by the developer. The developer also has dedicated .15 acres to the City at the underpass' area for trail purposes. The trail extension through the south part of Clarendon Hills is accommodated ' within the floodway reservation of the Burns Tributary. This tributary runs into Fossil Creek which flows east out of the subdivision and into a home owner's landscaped area in Applewood Estates. Staff's effort to get the trail to intersect with Fossil Creek Drive may lend itself to more of a public right-of- way. The end of the Burns Tributary left the trail a few hundred feet from Fossil Creek Drive, hence the proposal to purchase Lot 5. Serious efforts have been made to keep the trail off street where possible and to avoid surface crossing of city streets. Lot 5 would further this effort in not having to ride along Shields Street for approximately one-fourth of a mile to Hilldale Drive to access the trail. The Parks and Recreation Board discussed this potential purchase (then known as Lot 59) at its meeting of April 24, 1991, and unanimously approved the proposed purchase." Councilmember Edwards made a motion, seconded by Councilmember Fromme, to adopt Resolution 92-84. Cultural, Library and Recreational Services Director Mike Powers clarified the trail would eventually be connected to the current trail system. The vote on Councilmember Edwards' motion was as follows: Yeas: Councilmembers Azari, Edwards, Fromme, Horak, Kirkpatrick, Maxey and Winokur. Nays: None. 443 1 THE MOTION CARRIED. Other Business July 7, 1992 Councilmember Maxey asked if workplan items in the North College area will be completed in 1992-93 and expressed concerns that pedestrian and bicycle traffic on North College do'not have access to a trail system. Councilmember Winokur requested the City Attorney present Council with the recent analysis of the Supreme Court decision, Lucas vs. South Carolina, regarding land uses and zoning and the implications Mayor Kirkpatrick stated she and Councilmember Horak would return to Council with a recommendation regarding Council representation to the Airport Access Board. Adjournment Councilmember Azari made a motion, seconded by Councilmember Horak, to adjourn to July 14 at 6:15 p.m. for the purpose of conducting the mid -year evaluations of the City Attorney, City Manager and Municipal Judge. 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. ATTEST: y0r ;Pro Tem City Clerk 444