HomeMy WebLinkAboutMINUTES-09/01/1992-Regularr�
September 1, 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
September 1, 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 and Winokur.
Councilmembers Absent:
Staff Members Present
Councilmember Maxey.
Burkett, Krajicek, Roy.
Citizen Participation
Joe Stern, 1221 Laporte, spoke of gun control issues and disputed newspaper
accounts of his comments regarding a recent shooting. He spoke of increasing
levels of violence and asked for local legislation.
Barbara Allison, 1212 Lynnwood Drive, spoke of Contractor's liability regarding
handicapped units. She spoke on gun control, stating the waiting period was
adequate.
Bruce Lockhart, 2500 E. Harmony Road, stated implementing a gun control ordinance
would not be an appropriate action to take at a local level.
Ward Luthi, 1632 West Swallow, spoke of the citizen involvement process and
questioned the City's support of Challenge Fort Collins versus Citizen Planners.
He stated he supported the efforts of Challenge Fort Collins but questioned the
use of City staff support and funds.
Citizen Participation Follow-up
Councilmember Horak questioned the criteria for in -kind support and inquired if
Challenge Fort Collins was the only organization which met the criteria.
City Manager Steve. Burkett responded to Council questions regarding staff
responsibilities associated with Challenge Fort Collins, and clarified that if
another community based strategic planning group wished to seek in -kind services
they would need to request those funds directly from Council.
Mayor Kirkpatrick inquired if the two groups could work together providing that
Citizen Planners' schedule of events coincided with Challenge Fort Collins'.
Ward Luthi, 1632 West Swallow, spoke of the groups different efforts and stated
Citizens Planners would provide for Council a timetable in developing a strategic
plan.
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September 1, 1992
Councilmember Fromme questioned if Challenge Fort Collins was doing the strategic
planning for the City and expressed concerns regarding in -kind spending.
Council member Horak requested clarification that Challenge Fort Collins would not
be preparing the City of Fort Collins' visioning or strategic planning.
Mayor Kirkpatrick clarified that it is a community based strategic planning
group.
Agenda Review
City Manager Steve Burkett requested Item #9, Second Reading of Ordinance No. 87,
1992, Authorizing the Issuance of Highway User Tax Revenue Bonds for the Purpose
of Acquiring Land and Constructing a Street Maintenance Facility, be pulled from
the Consent Calendar.
Burkett reported there was an Other Business item in the packet regarding the
certification of the Zoo Initiative petitions by the Clerk's Office.
Consent Calendar
This Calendar is intended to allow the City Council to spend its time and energy
on the important items on a lengthy agenda. Staff recommends approval of the
Consent Calendar. Anyone may request an item on this calendar to be "pulled" off
the Consent Calendar and considered separately. Agenda items pulled from the
Consent Calendar will be considered separately under Agenda Item #21, Pulled
Consent Items.
7. Consider adoption of the minutes of the July 21 GID meeting and the
regular meeting of August 4.
Items Related to the Prospect Land Company Annexation and Zoning.
A. Second Reading of Ordinance No. 59, 1992, Annexing Approximately
12.6 Acres, Known as the Prospect Land Company Annexation.
Second Reading of Ordinance No. 60, 1992, Zoning Approximately 12.6
acres, Known as the Prospect Land Company Annexation, into the R-C,
River Corridor Zoning District..
On May 19, 1992, Council unanimously adopted Resolution 92-78 Setting
Forth Findings and Determinations Regarding the Prospect Land Company
Annexation.
On May 19, Council also unanimously adopted on First Reading Ordinance No.
59, 1992 and Ordinance No. 60, 1992, which annex and zone, approximately
12.6 acres located on the north side of East Prospect Road, between the
Orthopedic Center and the Cache La Poudre River. The requested zoning is
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September 1, 1992
the R-C, River Corridor District. The property is presently undeveloped
and is zoned FA, Farming in the County. This is a voluntary annexation.
APPLICANT: Ray Pigg OWNER: Flatiron Companies
c/o Neenan Company P. 0. Box 229
2290 E. Prospect Boulder, CO 80306
Fort Collins, CO 80525
9. Second Reading of Ordinance No. 87, 1992, Authorizing the Issuance of
Highway User Tax Revenue Bonds for the Purpose of Acquiring Land and
Constructing a Street Maintenance Facility.
On August 4, 1992, City Council passed Resolution Nos. 92-126 and 92-127,
directing staff to proceed with the acquisition of land located at 725
East Vine Drive for a Streets. Department. facility, and to finance a
portion of the total development costs through debt financing. This
Ordinance, which was unanimously adopted on First Reading on August 18,
authorizes the issuance of Highway User Tax Bonds to finance a portion of
the project. The amount of the issue will be approximately $4,050,000.
The proceeds of the issue will be used to cover project construction
costs, fund a debt service reserve, and cover the costs of issuing the
debt.
10. Second Reading of Ordinance No. 88, 1992, Adopting Rules and Regulations
Governing the Use of City Cultural, Library, and Recreational Services
Facilities.
This Ordinance, which was unanimously adopted on First Reading on August
18, contains certain rules and regulations regarding the use of the City's
Cultural, Library, and Recreational Services facilities. Upon adoption,
such rules and regulations will apply to areas within the defined confines
of the facilities administered by the Director of Cultural, Library, and
Recreational Services (CLRS). The Ordinance provides that it is unlawful
for any person to knowingly violate any provision of such rules and
regulations.
In a criminal investigation, this residence was declared a class 1 public
nuisance by the Larimer County District Court. As a result, the primary
resident's title interest in the residence was awarded by the Court to the
City of Fort Collins for the benefit of Fort Collins Police Services. The
City now owns a one-half (1/2) interest in the residence. The primary
resident's former husband owns the other one-half (1/2) interest in the
residence.
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September 1, 1992
This Ordinance, which was passed unanimously on First Reading on August
18, approves the sale of the residence to the Fort Collins Housing
Authority. In -selling this residence, the City's share of equity in the
residence will be donated to the Housing Authority. Police Services
believes that this is an appropriate disposition for this property in that
it serves the public purpose of providing additional low-cost housing to
the community.
The principal purpose of this ordinance is to amend the open meetings,
minutes and meeting notice requirements of the City Code in order to bring
the City's Code requirements. into closer. compliance. with the. recently
enacted changes to the Colorado Sunshine Act. Principally, this ordinance
contains a definition of the term "meeting" and contains a general overall
provision for meetings of the City Council, as well as a corresponding
provision for meetings of boards and commissions, which requires that: (1)
all such meetings be open to the public, with the exception of executive
sessions; and (2) full and timely notice be given of such meetings if they
are the type of meetings at which any formal action could occur or at
which a majority or quorum is in attendance, or is expected to be in
attendance. The ordinance also defines the phrase "full and timely
notice." Because of the blanket provision regarding open meetings and
notice provided for in this ordinance for City Council, it is possible to
repeal Section 2-29(d) (dealing with notice requirements for special
meetings of the Council) and Section 2-33 (dealing with notice
requirements for Council committee meetings).
Resolution 91-102 of the City Council contains some provisions regarding
the posting of notice for meetings. Since the proposed ordinance covers
the question of full and timely notice, and when it must be given, the
only remaining purpose for Resolution 91-102 is to provide for the place
of posting. Accordingly, this ordinance provides a paragraph defining the
second floor hall lobby of City Hall West as the place of posting, not
only for City Council meetings, but also for meetings of boards and
commissions. Therefore, this ordinance also repeals Resolution 91-102.
Commissions.
This ordinance amends Chapters 2, 3, 7, 16, and 21 of the City Code
pertaining to the City's boards and commissions. These amendments
standardize and reorganize provisions relating to appointments and
membership terms, term limitations, and preparation of meeting minutes.
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September 1, 1992
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In addition, this ordinance makes minor amendments to the functions of the
Personnel Board.
14.
This 7,321 square foot tract is located along Hampshire Road at the rear
lot lines of 2401, 2406, and 2413 Hollingbourne Drive. This tract was
originally planned for an open drainage channel. The developer has since
installed an underground pipe system, eliminating Stormwater's need for
ownership of this tract. As owners, the City has been required to
maintain (i.e., mow, clean and weed) this tract. By deeding this tract to
the three adjacent property owners, the tract can be added to the adjacent
backyards and property owners will assume maintenance responsibilities.
The property owners will also assume the financial burden of relocating
the existing fences and will landscape this area. In the deed conveying
the land to the lot owners, the City will reserve an easement for utility
(including drainage) purposes. The City will retain the right to have
access to the storm sewer within the tract after deeding the land (subject
to the City's reserved easement) to the lot owners. This tract was not
marketed as there is no legitimate use other than for extra backyard
space.
15. Hearing and First Reading of
College Avenue as a Historic
of the City of Fort Collins.
16.
The Landmark Preservation Commission and City Staff recommend the building
located at 112 S. College Avenue as a local landmark for its historical
and geographic importance. After rehabilitation, if done in accordance
with the Secretary of the Interior's Standards for Rehabilitation, the
structure will also have architectural importance to the City.
The owner of the property, the City of Fort Collins, is initiating this
request for Local Landmark Designation for 330 North Howes Street (the
Street Railway Car Barn known as the Trolley Barn). A public hearing was
held by the Commission on August 5, 1992, at which time the Commission
voted to recommend designation of this property. The designation will
allow the City to apply for Limited Stakes Gambling Funds for
stabilization and rehabilitation of the structure.
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September 1, 1992
17. Hearing and First Reading of Ordinance No. 90, 1992, Establishi_nq the
A regular city election is scheduled for April 6, 1993. At that election,
the Mayor will be directly elected by the voters for a two-year term. In
addition, four District Council representatives will be elected. The
Charter provides for a transition process to accomplish the change from
four Districts to six begun in 1991, when Councilmembers for Districts 2
and 4 were elected for four-year terms. At the 1993 election,
Councilmembers will be elected for four-year terms from Districts 1, 3,
and 5, and the Councilmember representing District 6 will be elected for.
a two-year term. The District 2, 4, and 6 Councilmembers will be elected
for four-year terms in 1995. Thereafter, regular city elections will
alternate between the election of Councilmembers for even -numbered and
odd -numbered Districts. The initial redistricting from four to six
Districts was accomplished in 1990, and redistricting takes place at least
six months prior to each biennial regular election beginning with the 1993
election. The deadline for completing the redistricting process for the
April election is October 8.
This ordinance adopts a District/Precinct map which sets the boundaries
for the six Council districts and for 79 municipal election precincts for
the April 6, 1993 regular city election. Staff is recommending that the
District boundaries previously established for the 1991 city election be
modified to achieve a margin of difference of less than 10% between the
ideal number and the actual number of registered voters for each District.
18. Items Pertaining to a Water Savings Research Stud
A. Resolution 92-138 Authorizing the Mayor to Enter Into an
Intergovernmental Agreement with the State of Colorado Water
Conservation Board for the Purpose of Conducting a Water Savings
Research Study.
B. Hearing and First Reading of Ordinance No. 96, 1992 Appropriating
Unanticipated Revenue in the Amount of $10,000 to the Water Fund for
the Purpose of Conducting a Water Savings Research Study.
The resolution. authorizes the Mayor to enter into the agreement and the
ordinance appropriates the funds received pursuant to the Agreement to a
non -lapsing account.
The research study will be designed to determine the water -saving benefits
of adding organic material to landscaping soils. A standard
recommendation to improve high -clay soils typical to this area, is to
incorporate organic matter into the soil prior to landscaping. This
improves the structure of the soil, theoretically resulting in less water
runoff. Although studies have been performed to determine the potential
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September 1, 1992
water savings benefits of amending soil with compost, there have been no
regionally -applicable scientific studies to determine the actual water
savings of "real life" watering practices. In -the study, landscapewater
use will be compared between 50 new home owners (Group 1) who have amended
their soil with commercial compost, and 50 new home owners who have not
amended their soil (Group 2). All homes will be metered and the
homeowners will receive the same educational literature on efficient
landscape watering. All subjects will receive $25 in compensation for
providing research data. Group 1 subjects will receive an additional $75
to partially offset the cost of amending their soil. Monthly water use
records for these 100 homes will be compiled during 1993 and 1994. The
final report should be completed by early February, 1995.
19.
The Charter requires that the Council set a date for the public hearing on
the proposed 1993 City budget. The Resolution sets the hearing date for
the Council meeting of September 15, and, in an effort to receive further
public input, an additional hearing date for the October 6 Council
meeting.
20. Resolution 92-143 Appointing a Representative to the Colorado Municipal
League Policy Committee.
Mayor Pro Tem Ann Azari is currently the City's representative on the
Colorado Municipal League Policy Committee. Appointments to the Colorado
Municipal League (CML) Policy Committee are made each fall and members
serve for a one-year period. Each member municipality of the League is
entitled to a representative, and all cities over 100,000 are entitled to
designate two representatives. Mayor Pro Tem Azari has indicated a
willingness to serve an additional one-year term.
Items on First Reading were read by title by City Clerk Wanda Krajicek.
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the City of Fort Collins.
September 1, 1992
17. Hearing and First Reading of Ordinance No. 90, 1992, Establishing the
Boundaries for Council Districts and Municipal Election Precincts.
18. Items Pertaining to a Water Savings Research Study.
Hearing and First Reading of Ordinance No. 96, 1992 Appropriating
Unanticipated Revenue in the Amount of $10,000 to the Water Fund for
the Purpose of Conducting a Water Savings Research Study.
24. Items Relating to Citizen Initiated Ordinance Pertaining to a Sales Tax
for Natural Areas.
Hearing and First Reading of Ordinance No. 97, 1992, Requiring the
Acquisition of Land for Public Trails, Wildlife Habitat, and Natural
Areas Funded by an Additional One -Quarter (1/4) Cent Sales and Use
Tax on All Items Except Food for a Period of Five (5) Years; OR
Hearing and First Reading of Ordinance No. 98, 1992, Calling a
Special Municipal Election to Be Held in Conjunction with the
November 3, 1992 General Election for Submission of a Citizen
Initiated Ordinance to a Vote of the Registered Electors of the
City.
Items on Second Reading were read by title by City Clerk Wanda Krajicek.
8. Items Related to the Prospect Land Company Annexation and Zoning.
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A. Second Reading of Ordinance No. 59, 1992, Annexing Approximately
12.6 Acres-, Known as the Prospect Land Company Annexation.
B. Second Reading of Ordinance No. 60, 1992, Zoning Approximately 12.6
acres, Known as the Prospect Land Company Annexation, into the R-C,
River Corridor Zoning District.
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September 1, 1992
10.
11. Second Reading of Ordinance No. 89, 1992, Authorizing the Sale of a
Residence Located at 420 North Loomis to the Fort Collins Housing
Authority.
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 and Winokur. Nays: None.
THE MOTION CARRIED.
Ordinance No. 87, 1992,
Authorizing the Issuance of Highway
User Tax Revenue Bonds for the Purpose
of Acquiring Land and Constructing a Street
Maintenance Facility, Adopted as Amended on.Second Reading.
The following is staff's memorandum on this item.
"EXECUTIVE SUMMARY
On August 4, 1992, City Council passed Resolution Nos. 92-126 and 92-127,
directing staff to proceed with the acquisition of land located at 725 East Vine
Drive for a Streets Department facility, and to finance a portion of the total
development costs through debt financing. This Ordinance, which was unanimously
adopted on First Reading on August 18, authorizes the issuance of Highway User
Tax Bonds to finance a portion of the project. The amount of the issue will be
approximately $4,050,000. The proceeds of the issue will be used to cover
project construction costs, fund a debt service reserve, and cover the costs of
issuing the debt.
It was anticipated that the bonds would be marketed early enough to have a
complete bond ordinance available for regular distribution. Because the market
became unsettled due to the devaluation of the dollar, the bonds will be marketed
on Monday, August 31. Final interest rates will be read into the record at the
Council Meeting."
Councilmember Edwards made a motion, seconded by Councilmember Winokur, to adopt
Ordinance No. 87, 1992 on Second Reading.
Finance Director Alan Krcmarik gave an explanation of market fluctuations, read
changes to the ordinance into the record and responded to Council questions.
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September 1, 1992
Councilmember Winokur complimented staff for their efforts.
The vote on Councilmember Edwards' motion to adopt Ordinance No. 87, 1992 as
amended was as follows: Yeas: Councilmembers Azari, Edwards, Fromme, Horak,
Kirkpatrick and Winokur. Nays: None.
THE MOTION CARRIED.
Staff Reports
Councilmember Winokur complimented the City Clerk's office for the efforts in the
Council redistricting.
Councilmember Fromme reported on an upcoming tour of Water Treatment Plant #1 and
urged everyone to participate in the tour.. She reported the Library Board is
discussing how a Library District can be formed and requested Council input on
the proposed new branch library.
Councilmember Fromme reported the Cable TV Board would be holding public forums
regarding the City's franchise renewal and urged attendance. She reported on a
district meeting recently held discussing growth and development in southwest
Fort Collins.
Mayor Kirkpatrick spoke of a draft vision statement for Challenge Fort Collins
and commented it would be discussed at an upcoming town meeting that she will be
hosting.
Items Relating to Citizen Initiated
Ordinance Pertaining to a Sales Tax for Natural Areas.
The following is staff's memorandum on this item.
"EXECUTIVE SUMMARY
A. Motion to Accept City Clerk's Certification of the Initiative Petition
Pertaining to a Sales Tax for Natural Areas; AND
B. Hearing and First Reading of Ordinance No. 97, 1992, Requiring the
Acquisition of Land for Public Trails, Wildlife Habitat, and Natural Areas
Funded by an Additional One -Quarter (114) Cent Sales and Use Tax on All
Items Except Food for a Period of Five (5) Years; OR
C. Hearing and First Reading of Ordinance No. 98, 1992, Calling a Special
Municipal Election to Be Held in Conjunction with the November 3, 1992
General Election for Submission of a Citizen Initiated Ordinance to a Vote
of the Registered Electors of the City; AND
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September 1, 1992
D. Resolution 92-104 Referring a Citizen Initiated Ordinance Relating to a
Sales Tax for Acquisition of Land for Public Trails, Wildlife Habitat, and
Natural Areas to a Vote at a Special Municipal Election Held in
Conjunction with the General Election on November 3, 1992.
On August 24, 1992, the City Clerk received a petition requesting that Council
submit a Citizen Initiated Ordinance relating to a sales tax for natural areas
to a vote of the registered electors of the City at a Special Municipal Election.
The City Clerk's Office has examined the petition and on August 25, 1992
determined that it contains the signatures of at least 1,602 registered city
electors, which is 15% of the total number of ballots cast at the 1991 regular
City election, and is sufficient to require referral of the measure to a vote of
the people at a Special Municipal Election.
Article X of the City Charter requires that the Council either adopt the Citizen
Initiated Ordinance without change within 30 days of the date of the presentation
of the City Clerk's certification of a valid petition to the Council, or refer
it to a vote at a Special Municipal Election within 90 days. In the event that
Council decides to refer the measure to the voters, staff has prepared an
ordinance calling a special election and referring the Citizen Initiated
Ordinance to the voters and the Resolution establishing the ballot language for
the measure.
To request that a Special Municipal Election be held in conjunction with the
November 3, 1992 General Election, the City must certify the submission language
and request permission from the Larimer County Clerk and Recorder no later than
60 days prior to the General Election (September 4)."
Councilmember Horak made a motion, seconded by Councilmember Azari, to accept the
City Clerk's certification of the petition.
City Clerk Wanda Krajicek stated the petition had been certified, noting there
were a sufficient number of signatures of registered voters.
Councilmember Fromme congratulated the petition circulators on their
participation and expediency and urged adoption of the certification.
The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Fromme, Horak, Kirkpatrick and Winokur. Nays: None.
Councilmember Horak made a motion, seconded by Councilmember Azari, to adopt
Ordinance No. 98, 1992 on First Reading.
Councilmember Winokur spoke of Council's limits of discretion regarding the
ballot language.
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September 1, 1992
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City Clerk Wanda Krajicek stated staff has developed the ballot language and that
the language had been reviewed by the petition representatives.
Councilmember Winokur questioned if the ballot language stated funds would be
subject to appropriation by Council.
City Attorney Steve Roy stated the ordinance did not address ballot language
issues but called for a special election.
Bruce Lockhart, 2500 E. Harmony Road, concurred with the decision to make it a
choice of the people and commented that Council could increase the sales tax
without an election.
Kelly Ohlson, 2040 Bennington Circle, spoke in support of the Ordinance and
commented on the citizen's right to vote on issues.
Councilmember Azari expressed concerns regarding land maintenance needs.
The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Fromme, Horak, Kirkpatrick and Winokur. Nays: None.
THE MOTION CARRIED.
Councilmember Horak made a motion, seconded by Councilmember Azari, to adopt '
Resolution 92-104.
City Attorney Steve Roy reported on the language of the ordinance regarding
management responsibilities and stated he could suggest some language for that
purpose.
Councilmember Winokur clarified Council would be responsible for appropriating
funds.
City Attorney Steve Roy stated that any language added to the ballot language
should come after the existing text.
Kelly Ohlson, 2040 Bennington Circle, reinforced the .intent was to completely
turn over all tax revenue to the local government and all decisions would be made
by the City Council.
Councilmember Winokur made a motion, amending the ballot language to be worded
by the City Attorney and City Clerk appropriately conveying the information in
Section 3 of the initiated ordinance.
Councilmembers Horak and Azari accepted the motion as a friendly amendment to
their previous motion.
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September 1, 1992
City Attorney Steve Roy stated the amendment to the ballot language would read
as follows:
"; ...vesting the responsibility for the management of the revenues
in the City Council and such departments of the City as the Council
designates."
The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Fromme, Horak, Kirkpatrick and Winokur. Nays: None.
THE MOTION CARRIED.
Resolution 92-136
inting Council Members to a Water
The following is staff's memorandum on this item.
"EXECUTIVE SUMMARY
Staff has a growing concern about the increasing costs associated with providing
the City's customers with high quality treated water. Studies conducted during
' the past couple of years indicate a potential need for various capital
improvements at the City's water treatment facility. These improvements are
related to a number of different issues, such as manganese removal, upgrading
chemical feed and handling systems, reliability and safety of chlorine feed
systems, and water treatment sludge handling and disposal. It is estimated that
these improvements could cost $8-10 million. Most of these issues are associated
with treating water for existing customers, therefore, the cost would be assessed
to existing customers by means of higher monthly user fees.
Based on the information from the various studies, staff has updated its rate
projections which were included in the 1992 Annual Budget document. The old rate
projections, new rate projections, and the typical monthly user fee associated
with the new rate projections are shown in the following table:
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September 1, 1992
Water Rate Projections
Year
Previous
Rate
Projections
New Rate
Projections
Monthly Bill for a Typical
Single Family Dwelling
Unit(])
1993
0%
5%
$27.92
1994
8%
8%
$30.15
1995
5%
6%
$31.96
1996
5%
8%
$34.52
1997
N/A
8%
$37.28
(1) Flat rate customer with 8500 square toot lot.
Presently, operation of the Water Treatment Plant and planning for future
improvements to the Plant are based on the general philosophy that the City will
attempt to provide its customers with the best quality water possible, a quality
that is better than that specified by state and federal regulations. In the
past, the staff neither received nor asked for any formal direction from the City
Council regarding water quality. Information from the customer satisfaction '
survey, conducted in the later part of 1991, seems to indicate that customers
want and expect high quality water and a sufficient supply of such. Information
from the survey also indicated that price is the most important "driver" of
overall satisfaction. Taking into account the information from the satisfaction
survey and the fact that there are a number of pending capital projects which
will impact monthly water rates, the Water Board and City Council may need to be
more actively involved in determining what the City's water quality philosophy
or policy will be and reviewing and adopting a Water Treatment Master Plan.
With previous issues of significant importance or potential impact, the City
Council has experienced success in utilizing the Water Board/City Council
committee format. The Water Supply Committee, Wastewater Treatment Master Plan
Committee, and Water Demand Management Committee are examples of such..
Establishing a Water Board/City Council committee to review and make
recommendations to the Council regarding the City's water quality policy and
water treatment master plan may be a viable method of addressing this critical
issue. It would also support the Framework for Environmental Action which
suggests the creation of a formal treated water quality policy."
Utility Director Rich Shannon requested Council assistance in the creation of a
task force addressing water quality and treated water quality standards.
Councilmember Winokur questioned if language in the resolution should be added,
noting the Water Board would appoint three members -to the committee. '
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September 1, 1992
City Attorney Steve Roy clarified the Resolution could be amended inserting that
language.
City Attorney Steve Roy read the proposed amendment as follows: in Section 1 to
read as follows:
"that the Council hereby establishes a water quality/water treatment
master plan committee (the "Committee") which shall consist of the
following Councilmembers and three members of the Water Board to be
appointed by the Water Board."
Councilmember Edwards made a motion, seconded by Councilmember Azari, to adopt
Resolution 92-136 inserting the names of Loren Maxey, Gerry Horak and Bob
Winokur.
Councilmember Horak commented on the importance of having quality water and
wastewater treatment.
Councilmember Winokur spoke in support of the Resolution.
The vote on Councilmember Edwards' motion was as follows: Yeas: Councilmembers
Azari, Edwards, Fromme, Horak, Kirkpatrick, and Winokur. Nays: None.
THE MOTION CARRIED.
Consideration of the Complaint
Filed by Mr. Joe Bastian Alleging
a Conflict of Interest on the Part of
Councilmember Dave Edwards and Consideration
of the Advisory Opinion and Recommendation of
The following is staff's memorandum on this item.
"EXECUTIVE SUMMARY
The Council has received, under cover memo dated August 6, 1992, from Mayor Pro
Tem Ann Azari, a copy of the complaint of Mr. Joe Bastian, alleging a conflict
of interest on the part. of Councilmember Edwards. The Council has also received
a copy of the Ethics Review Board Opinion and Recommendation regarding the
allegation of the conflict of interest. The complaint has requested
"investigation and action by the Ethics Committee and the City Council," and this
item is presented to the Council for consideration of the Opinion of the Ethics
Review Board and for any action that the Council should deem appropriate
regarding the complaint.
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Section 2-569 contains procedures for the filing and hearing of complaints
against councilmembers. That Section authorizes any councilmember to present
directly to the Ethics Review Board any complaint regarding the application of
ethical rules of conduct to any actual or hypothetical situation of a
councilmember. The complaint of Mr. Bastian was, pursuant to Section 2-569,
presented by Councilmember Edwards directly to the Ethics Review Board for
consideration, with the result that the Council need not consider the question
of submitting the complaint to the Ethics Review Board for an advisory opinion
and recommendation. That Opinion and Recommendation is already available to the
Council. Based upon the Opinion and Recommendation, the Council should decide
what, if any, other action pertaining to the complaint is appropriate.
This item was postponed from the August 18 Council meeting."
Councilmember Edwards reported that he had filed a Conflict of Interest form with
the City Clerk's office and withdrew from discussion on the item as a
Councilmember, but due to his involvement, requested that he be allowed to stay
in the room to answer questions as a, citizen.
City Attorney Steve Roy gave a presentation on this item.
Councilmember Winokur questioned the process and Council's legal responsibilities
and stated he would prefer to discuss those issues in an executive session.
City Attorney Steve Roy clarified that findings and opinions of the Ethics Review I
Board were a matter of public record.
Councilmember Winokur made a motion, seconded by Councilmember Fromme, to adjourn
to Executive Session for the purpose of discussing the item.
Councilmember Horak spoke in opposition to the motion.
Councilmember Azari opposed meeting in Executive Session, noting the Ethics
Review Board did not meet in executive session when their decision was made.
Councilmember Winokur, with agreement by Councilmember Fromme, withdrew his
previous motion.
City Attorney Steve Roy stated the Code did not mandate that Council take any
action and spoke of zoning reconsiderations.
Councilmember Winokur inquired if the complainant was alleging a violation of the
Code and Charter and questioned what action Council is required to take if there
were probable cause.
City Attorney Steve Roy stated Council has the authority, but is not required,
to request the matter be reviewed by the City Attorney's office, and stated it
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ISeptember 1, 1992
was his understanding from a conversation with Mr. Bastian, that he did not want
to pursue a criminal investigation by the City Attorney's office.
Councilmember Horak made a motion, seconded by Councilmember Winokur, to adopt
Resolution 92-142 Option B.
Joe Bastian, 428 West Oak, spoke in support of the Ethics Board recommendation
and expressed concerns regarding the Planning and Zoning Boards decision. He
reported on the content of the reply received by the City Attorney.
The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers
Azari, Fromme, Horak, Kirkpatrick and Winokur. Nays: None. (Councilmember
Edwards withdrawn)
THE MOTION CARRIED.
Councilmember Horak stated all relevant public documents should be included in
the packet, including the Ethics Review Board's opinion.
Councilmember Winokur stated he believed there was sufficient evidence to
investigate if there was a violation of the Charter and spoke of the process
involved in further prosecution.
' Other Business
Items Relating to Citizen Initiated Ordinance Relating
to a Sales Tax for a Zoo and Horticultural Center. Adopted as Amended.
The following is staff's memorandum on this item.
"EXECUTIVE SUMMARY
A. Motion to Accept City Clerk's Certification of the Amended Initiative
Petition Pertaining to a Sales Tax for a Zoo and Horticultural Center; AND
B., Hearing and First Reading of Ordinance No. 99, 1992, Requiring the
Acquisition of Land, for a Zoo and Horticultural Center and Adjoining
Natural Areas and Open Space and Requiring the Construction of A17
Facilities Necessary for a Zoo and for a Horticultural Center Funded by an
Additional One -Quarter (114) Cent Sales and Use Tax on A11 Items Except
Food for a Period of Three (3) Years; OR
C. Resolution 92-141 Referring a Citizen Initiated Ordinance Relating to a
Sales Tax for a Zoo and Horticultural Center to a Vote at a Special
Municipal Election Held in Conjunction with the General Election on
November 3, 1992.
September 1, 1992 '
On August 14, 1992, the City Clerk received a petition requesting that Council
submit a Citizen Initiated Ordinance relating to a sales tax for a zoo and
horticultural center to a vote of the registered electors of the City at a'
Special Municipal Election. On August 18, the City Clerk verified that the
petition contained insufficient signatures for presentation of the petition to
Council. Petition representatives then withdrew the petition for amendment as
allowed by the Charter, and resubmitted the amended petition to the City Clerk
on August 31. The City Clerk's Office has examined the amended petition and on
September 1 determined that it is sufficient to require referral of the measure
to a vote of the people at a Special Municipal Election. The petition contains
the signatures of at least 1,602 registered city electors, which is 15% of the
total number of ballots cast at the 1991 regular city election.
Article X of the City Charter requires that the Council either adopt the Citizen
Initiated Ordinance without change.within 30 days of the date of the presentation
of the City Clerk's certification of a valid petition to the Council, or refer
it to a vote at a Special Municipal Election within 90 days. In the event that
Council decides to refer the measure to the voters, staff has prepared a
Resolution establishing the ballot language for the measure and referring the
Citizen Initiated Ordinance to the voters.
This Citizen Initiated Ordinance may be referred to the ballot at the Special
Municipal Election called by Ordinance for submission of the Citizen Initiated '
Ordinance relating to a sales tax for natural areas acquisition.
To request that a Special Municipal Election be held in conjunction with the
November 3, 1992 General Election., the. City must certify the submission language
and request permission from the Larimer County Clerk and Recorder no later than
60 days prior to the General Election (September 4)."
Councilmember Edwards withdrew from discussion on this item due to a perceived
conflict of interest.
City Clerk Wanda Krajicek gave a report on the item.
Councilmember Winokur made a motion, seconded by Councilmember Azari, to accept
the City Clerk's certification of the amended initiative petition.
The vote on Councilmember Winokur's motion was as follows: Yeas: Councilmembers
Azari, Fromme, Horak, Kirkpatrick and Winokur. Nays: None. (Councilmember
Edwards Withdrawn)
THE MOTION CARRIED.
Councilmember Azari made a motion, seconded by Mayor Kirkpatrick, to adopt
Resolution 92-141.
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September 1, 1992
Councilmember Winokur questioned the flexibility in Council's discretion
regarding the distribution of funds.
City Attorney Steve Roy clarified there was no reference as to Council's role in
appropriating revenues generated by the proposed tax. He reported that any
questions regarding the legality of an ordinance adopted by a vote of the
electorate could only be addressed when, and if, the ordinance was approved by
the voters. He stated the appropriate time to answer any questions regarding an
ordinance is when it is adopted, not after it is placed on the ballot.
Councilmember Fromme questioned fund allocations for operation and maintenance.
Jorge Figueroa, 420 East County Road 66E, stated funding was specifically for the
construction and believed the organization would be self-sustaining with regards
to maintenance and operation expenses.
Councilmember Fromme stated the City has to protect its investment and spoke of
the consequences if the potential funding falls short.
City Attorney Steve Roy stated he would review the matter and investigate what
the City's obligations, rights and revenues might be. He replied to Council
questions and clarified the normal bidding process would occur.
I
City Clerk Wanda Krajicek noted that in reviewing the text, she and the City
Attorney felt there should be a better description in the title of the ordinance
to read as follows:
- Zoo/Horticultural Center"
to make the title consistent with the text.
Councilmember Winokur offered an amendment in the title of the ordinance to read:
" - Zoo and Horticultural Center".
Councilmember Azari and Mayor Kirkpatrick accepted it as a friendly amendment to
the original motion.
Jorge Figueroa, 420 East County Road 66E, commended the City Clerk and staff for
their efforts.
Becky Maleki, 420 East County Road 66E, spoke of concerns regarding maintenance
of the land and facility.
Bruce Lockhart, 2500 E. Harmony Road, questioned if the Charter was being
violated in adopting the Resolution and spoke of fund allocation methods.
Councilmember Winokur requested information in the attorney/client communications
' regarding Section 15 thatrelates to financing and issuance of debt..
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September 1, 1992 '
Councilmember Fromme questioned how issuing sales and use tax revenue bonds on
the project would affect the City's bond rating.
Councilmember Horak opposed waiting until after the election to look at some of
the issues and to prepare a draft of the request for proposals.
Councilmember Winokur questioned if it would be appropriate for Council to
discuss issues regarding implementing and funding in a worksession.
City Attorney Steve Roy spoke of the Campaign Reform Act and believed discussion
and taking positions of support were permissible, however, expenditure of City
funds to distribute information would be restricted. He stated he would review
the Campaign Reform Act.
Councilmember Horak asked who would be making decisions regarding land purchase,
financing and development issues.
Councilmember Fromme expressed concerns regarding the wording of the petition and
questioned if it would affect the credit worthiness of the City. She asked if
bonds were issued and revenues were not collected as anticipated, would funds to
meet bond obligations have to come from other areas of the budget.
City Attorney Steve Roy commented he had read the ballot language and felt I
comfortable that it accurately reflected the provisions of the proposed
ordinance.
Mayor Kirkpatrick requested a synopsis from the City Manager and City Clerk's
office regarding issues discovered in the recent series of events dealing with
citizen initiated ordinances, to inform Council of any recommendations based on
recent experiences. She stressed that adopting the Resolution did not mean
Council necessarily endorsed the proposal.
Councilmember Winokur spoke to the petition form and suggested developing a
method to assist citizens interested in circulating a petition that would not
compromise the process.
The vote on Councilmember Azari's motion to adopt Resolution 92-141 as. amended
was as follows: Yeas: Councilmembers Azari, Fromme, Horak, Kirkpatrick and
Winokur. Nays: None. (Councilmember Edwards Withdrawn)
THE MOTION CARRIED.
Councilmember Horak requested a two page memo regarding the removal of political
signs and information regarding the enforcement policy for sign removal. He
spoke of current incentive policies and questioned if the policy should take into
consideration that receivers of City funds should provide certain benefits to the
City over a period of time to receive those funds.
W,
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September 1, 1992
City Manager Steve Burkett reported he had spoken with ESAB and was informed that
they intend to comply with the provisions of the original agreement.
Councilmember Horak expressed concerns regarding employees devoting business
hours to work on Challenge Fort Collins issues.
City Manager Steve Burkett noted the resolution addressing Challenge Fort Collins
called for leadership from the City and that Council supported the concept.
Councilmember Winokur noted the intent of the amended Resolution was to include
support not only for Challenge Fort Collins but for other organizations working
toward the same goal.
Councilmember Fromme questioned if criteria were going to be set for who
qualifies for in -kind services and stated spending limits need to be set. She
asked why a Challenge Fort Collins meeting was placed on the public meeting
schedule.
Councilmember Fromme made a motion, seconded by Councilmember Horak, to bring
back Resolution 92-114 at the October 6, 1992 Council meeting.
The vote on Councilmember Fromme's motion was as follows: Yeas: Councilmembers
' Fromme, Horak and Winokur. Nays: Councilmember Azari and Mayor Kirkpatrick.
(Councilmember Edwards out of the room)
THE MOTION CARRIED.
Councilmember Horak spoke of a policy regarding recycled paper and expressed his
concern regarding printing materials on colored paper that cannot be recycled.
Councilmember Winokur questioned if the matter of lobbyist registration should
be discussed in a worksession or in the Other Business portion of the meeting.
He spoke in support of recycling efforts.
Mayor Kirkpatrick made a motion, seconded by Councilmember Winokur, to reconsider
the billboard cap and replacement policy ordinance.
Mayor Kirkpatrick stated she would like to review the cap and replacement policy
to possibly add enforcement provisions regarding the maintenance of the
billboards.
Mayor Kirkpatrick requested that staff develop a schedule for discussion and
public input on the cap and replacement policy in conjunction with the sign code
audit.
Al Anderson, 1409 Meeker Drive, owner of American Outdoor Advertising, requested
information regarding signage in disrepair and commented on the fining process.
1 93
September 1, 1992 '
Matt Hughes, 322 East Oak Street, Vice -President of Root Outdoor Advertising,
spoke in support of imposing fines or penalties and spoke of the maintenance of
signs.
The vote on Mayor Kirkpatrick's.motion was as follows: Yeas: Councilmembers
Azari, Fromme, Horak, Kirkpatrick and Winokur. Nays: None. (Councilmember
Edwards out of the room)
THE MOTION CARRIED.
Mayor Kirkpatrick spoke of the Colorado Municipal League Executive Board's
position on the Children First proposition and noted the Executive Board voted
14-0 to oppose the Children First amendment. She clarified that she did not
participate in the discussion or the vote.
Adjournment
The meeting adjourned at 10:35 p.m.
Mayor
ATTEST: '
City Clerk aC
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