HomeMy WebLinkAboutMINUTES-12/20/1988-Regular' December 20, 1988
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, December 20, 1988, at 6:30 p.m. in the Council Chambers in the
Citf Fort Collins ing
Counciy s answered by the
lmembers: Estrada, Horak, Kirkpatrick, Hall. Roll call Mabry, Maxey,Stoner, wand
Winokur.
Staff Members Present: Burkett, Krajicek, Roy
Citizen Particioa on
Tim Johnson, 2939 Brookwood Place, spoke in support of the rails to trails
program.
Karen Schneller-McDonald, Laporte resident, expressed concern about the
program.
' Mary Humpstone, 2220 North Overland Trail, expressed concern regarding the
process that had been used to develop the trail, requested that the
application be rescinded for the rails to trails conversion, and asked that
a citizen's advisory committee be formed to work with City staff to develop
a trail .system that could be enjoyed by everyone.
Roland McDonald, 4017 Greenridge Drive, asked that the Resolution be
rescinded.
Rose Brinks, 2405 Overland Trail, spoke in opposition to the trail system
in the LaPorte area.
Councilmember Estrada noted his support for establishing a citizen's
advisory committee and noted he did not support rescinding the program. He
also advocated the formation of an ad hoc committee.
Councilmember Maxey agreed with Councilmember Estrada's suggestion for
establishing a citizen committee.
John Straayer, 437 Crows Nest Court, asked that Charter amendments
regarding the direct election of the Mayor be placed on the March ballot.
Duane Loetz, 1216 Emigh, expressed concern regarding the snow plows and the
force in which the snow is removed from the streets. He presented the
remains of a mailbox that was demolished by the force of the snow being
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December 20, 1988
thrown from a plow. He commented on the possible danger that exists to
humans and animals.
Bill Wright, owner Wright Life Sporting Goods, asked for a public meeting
to establish a skateboard zone or park and to address the issues of
skateboarding in the downtown area.
Jim Creeden, 4020 Goodell Lane #4, spoke on the problems on the City trail
system and urged citizens to report any unusual incidents.
Agenda Review: City Manager
City Manager Burkett noted the addition of a Resolution regarding
transferring monies for an airport grant.
Scott Goff requested Item #9, Second Reading of Ordinance No. 171, 1988,
Adopting the 1989 Pay Plan, be withdrawn from the Consent Agenda.
Bruce Lockhart asked that Item #21, Resolution 88-203 Authorizing the
Purchase of Real Property Located at 624 North Wood Street from The Estate
of Jessie M. Hart, be pulled from the Consent Calendar.
This Calendar is intended to allow the City Council to spend its time and
energy on the important items on a lengthy agenda. Staff recommends
approval of the Consent Calendar. Anyone may request an item on this
calendar be "pulled" off the Consent Calendar and considered separately.
Agenda items pulled from the Consent Calendar will be considered separately
under Agenda Item #24, Pulled Consent Items.
5.
Q
After discussion at the October 25 work session, Council gave
direction that Ordinances be prepared to submit a series of proposed
Charter amendments to voters at the March 7, 1989 regular election.
The following Ordinances were unanimously adopted on First Reading on
November 15:
A. Second Reading of Ordinance No. 157, 1988, Submitting Proposed
Charter Amendment No. 4 to a Vote of the Registered Electors of
the City, Concerning Proceedings for Recall of Elective Officers
of the City.
B. Second Reading of Ordinance No. 158, 1988, Submitting Proposed
Charter Amendment No. 5 to a Vote of the Registered Electors of
1
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December 20, 1988
7.
ra
the City, Deleting Provisions Concerning Compensation for Petition
Circulators.
C. Second Reading of Ordinance
Charter Amendment No. 6 to a
the City, Concerning Payments
Utilities.
D. Second Reading of Ordinance
Charter Amendment No. 7 to a
the City, Concerning Special
Improvement Districts.
No. 159, 1988, Submitting Proposed
Vote of the Registered Electors of
in Lieu of Taxes on Account of City
No. 160, 1988, Submitting Proposed
Vote of the Registered Electors of
Assessment Securities in Special
E. Second Reading of Ordinance No. 161, 1988, Submitting Proposed
Charter Amendment No. 8 to a Vote of the Registered Electors of
the City, Eliminating the Surplus and Deficiency Fund as a General
Revenue Source.
F. Second Reading of Ordinance
Charter Amendment No. 9 to a
the City, Concerning Penalties
No. 162, 1988, Submitting Proposed
Vote of the Registered Electors of
for Violations of the Charter.
Proposals were solicited for copy machines for the Library in
compliance with established Purchasing procedures. These machines
will be used for public access as well as staff use.
The City solicited lease/purchase financing proposals from Kodak and
Maryland National Leasing Corporation, the lowest bidder from our
previous lease/purchase agreement. Maryland National Leasing
Corporation submitted the lowest net effective interest rate of 8.00%.
The City proposes in the Ordinance, which was adopted 5-0 on First
Reading on December 6, to lease/purchase:
QUANTITY DESCRIPTION PRINCIPAL LIFE
2 each Kodak Model 50 Copiers
including Polytech Coin
Op Attachment
$19,162.60 4 yrs.
This Ordinance, which was adopted 5-0 on First Reading on December 6,
allows the City to call $596,000 of bonds originally issued in 1982
for Boardwalk SID #77. An amendment to the original assessing
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December 20, 1988
10.
ordinance for the District reduces the aggregate principal amount '
assessed to the participating property owners and extends the period
of assessment to ten years. The cash generated from the new
assessments is enough to meet the anticipated debt service on the new
bonds.
The refunding provides potential solutions to a number of problems
that have been with this district since its inception in 1982 and
enables the property owners to pay their assessments over a longer
period of time.
Second Reading of Ordinance No 171 1988 Adopting the 1989 Pay Plan.
This Ordinance, adopted 5-0 on First Reading on December 6, adopts the
1989 Pay Plan.
Each year the City Council adopts the pay plan which sets the salaries
of City employees in accordance with the adopted budget. This plan is
designed to meet the Council's goal of rewarding employee performance
and remaining competitive in the labor market.
Sections 2-46 through 2-56 of the City Code contain the City's t
provisions regarding appeals to the City Council. Various appeals
have been brought to the City Council under this process, particularly
from decisions of the Planning and Zoning Board. As a result of
questions raised during the course of those appeals, staff is
recommending certain changes to the procedure provided in the Code.
There are two areas in which amendments are being proposed: Section
2-53(2) defining the record on appeal; and Section 2-55 pertaining to
public discussion and cross-examination by the parties. This
Ordinance, which was adopted 5-0 on First Reading on December 6, makes
the amendments.
11. Items Related to the Anton Annexation and Zoning.
Resolution 88-199 Finding Substantial Compliance and Initiating
Annexation Proceedings for the Anton Annexation.
First Reading of Ordinance No. 175, 1988, Annexing Approximately
2.00 Acres Known as the Anton Annexation.
First Reading of Ordinance No. 176, 1988, Zoning Approximately
2.00 Acres, Known as the Anton Annexation, into the R-P Planned
Residential Zoning District.
This is a request to annex and zone approximately 2.00 acres, Lots 4,
5, 6, and 7 of Heinemann's Spring Creek Subdivision, located south of
West Drake Road and west of Taft Hill Road. The requested zoning is
the R-P Planned Residential Zoning District. Of the four lots, one
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December 20, 1988
J
12
13.
contains a single-family home while the other three are undeveloped.
This is a voluntary annexation.
APPLICANTS: Carl and Jean Anton OWNERS: Same
2707 South Taft Hill Road
Fort Collins, CO 80526
Items Relating to West Fossil Creek Rezoning.
A. Hearing and First Reading of Ordinance No. 177, 1988, Rezoning 4
Acres Known as West Fossil Creek, Tract A Rezoning, from the
Transition to the H-B Highway Business Zoning District.
Hearing and First Reading of Ordinance No. 178, 1988, Rezoning
44.6 Acres Known as West Fossil Creek, Tract B Rezoning, from the
T Transition to the B-P Planned Business Zoning District.
This is a request to rezone approximately 4.4 acres from T Transition
to H-B Highway Business and to rezone approximately 44.6 acres from T
Transition to B-P Planned Business. The property is located on the
west side of South College Avenue in the vicinity of Fossil Creek
Parkway. The property is presently undeveloped.
APPLICANT: James Stewart and Associates
214 North Howes
Fort Collins, CO 80524
OWNERS: U.S. 287 Limited and Foothills Office Park Limited
1624 Market Street, No. 204
Denver, CO 80202
The City contracts for repair, installation, consulting services and
purchase of new equipment for its PBX telecommunications equipment.
In May of 1987, after soliciting bids for this service, the City
entered into a service contract with PacTel Information Systems (now
known as Northern Telecom Meridian Systems Inc.). The contract
terminates December 31, 1988, unless extended by the City.
The City has been very satisfied with the level of service provided by
Northern Telecom and the relationship developed over the years has
been constructive for the City. As the City began to move into new
networking scenarios, Northern Telecom was also able to provide very
valuable information and services related to this expansion. It is
currently assisting the City with the installation of the Fibre Optic
network between the City Hall campus and the 700 Wood Street complex.
As the service level has been quite acceptable and the relationship
between the two entities is beneficial to the City's continued success
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December 20, 1988
14.
is.
in the telecommunication arena, staff is recommending an extension of
the current service contract one year. The fee for such services,
will remain at the 1987 level, $47,000.
Staff recommends purchasing a Fiber Optic Multiplexor from FiberMux
Corporation for a sum not to exceed $40,000. Section 8-123 of the
Code of the City of Fort Collins requires that all source purchases in
cases not requiring bidding exceeding $20,000 be authorized by City
Council.
In August, Council authorized the procurement of certain DEC computer
hardware and associated networking components in conjunction with the
new Utility Customer Service System. A portion of that project is the
installation of an underground fiber optic communications network,
including a segment to 700 Wood Street. Much of the coroonentry for
that network loop was included in the August authorization. One
specific component, a fiber optic multiplexor (mux), is needed to
provide for the transmission of data over the network to 700 Wood
Street.
Earlier this year, all corporate trust services provided by United
Bank of Fort Collins were transferred to United Bank of Denver, N.A.
The purpose of the move was to provide all customers with advanced
automation and superior fiduciary services that were established by
United Bank of Denver's Asset Management Services Division. This
resolution formally endorses the transfer of duties. If the
resolution is not accepted by the Council, it would be impossible for
United Bank to fulfill its contract as registrar and paying agent for
these special improvement districts. The automation provided by the
Denver bank is advantageous to the City and the bondholders.
The Poudre Emergency Communication Center has provided these same
services for the Poudre Valley Hospital District for the past nine
years under similar agreements.
The Agreement provides for the Hospital District to pay the City
$62,248 as compensation for communication services and anticipated
expenses.
1
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December 20, 1988
1
17.
18.
19
At its October 4, 1988 meeting, Council adopted a Resolution
establishing a methodology for making appointments to the CDBG
Citizens Steering Committee. The Resolution provides for a thirteen
member committee consisting of six neighborhood representatives and
seven members to be appointed by the City Council.
Advertisements were placed and Councilmembers Horak and Maxey
conducted interviews of the eleven applicants.
In keeping with Council's policy, the recommendations for these
appointments were announced on December 6. Adoption of the Resolution
was postponed until December 20 to allow time for public input.
The prospective appointees are:
Name . Expiration Date
Laura Langner
July
1,
1990
Peggy Sergent
July
1,
1990
Bobbie Guye
July
1,
1991
Thomas Looft
July
1,
1991
Clark Long
July
1,
1992
Mary Clark
July
1,
1992
Diane Risheill
July
1,
1992
A vacancy currently exists on the Human Relations Commission due to
the resignation of Paul Loopo. Advertisements were placed, and
Councilmembers Mabry and Kirkpatrick conducted interviews on November
16.
In keeping with Council's policy, the recommendation for this
appointment was announced on December 6. Adoption of the Resolution
was postponed until December 20 to allow time for public input.
The recommended appointee is Lucius Drake.
Resolution 88-197 Making an Appointment to the Landmark Preservation
Commission.
A vacancy currently exists on the Landmark Preservation Commission due
to the resignation of Carol Tunner. Councilmembers Mabry and Maxey
have reviewed the active applications on file, and will announce their
recommended appointment.
In keeping with Council's policy, adoption of the Resolution should be
postponed until December 20 to allow time for public input.
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December 20, 1988
20. Resolution 88-198 Making an Appointment to the Storm Drainage Board. I
21.
22.
A vacancy currently exists on the Storm Drainage Board due to the
expiration of Rex Burns' position. Mr. Burns' position expired July
1, 1988; however, the position was left vacant pending the creation of
a Larimer County liaison position on the Board. Mr. Burns is now
serving as the County liaison. Advertisements were placed, and
Councilmembers Horak and Maxey conducted interviews on November 21.
In keeping with Council's policy, the recommendation for this
appointment was announced on December 6. Adoption of the Resolution
was postponed until December 20 to allow time for public input.
The prospective appointee is Thomas Brown.
This Resolution would authorize the execution of an existing Sale and
Purchase Agreement between the City and the Jessie M. Hart estate.
The subject property, a small house located on a 17,600 square foot
lot, is immediately South of the Wood Street Service Center (see
Exhibit "A"). The North lot line of the property is adjacent to the
Burlington -Northern right-of-way which was previously approved for
acquisition by Council Resolution 88-156. The availability of the
property is timely and the property is ideally suited for integration
into the planned expansion of the Service Center facility.
The purchase price of $31,700 was negotiated with the Personal
Representative of the Estate and has been accepted by the
beneficiaries of that estate. The price was established based on a
fee appraisal commissioned by the Utility utilizing market value
comparables adjusted for the larger than normal lot size.
Mr. James G. Milne, Jr. of Flatiron Sand and Gravel Company wishes to
donate approximately 44 acres of land to the City for open space. The
parcel is known as the Milne property and contains two ponds created
by mined gravel extraction. The property is located north of east
Prospect Street adjacent to the Poudre River and the City's existing
Flatiron Open Space.
23. Routine Deeds and Easements.
a. Deed of Easement from Joseph and Lydia E. Gutierrez, 1715 Laporte
Avenue, needed for the Laporte Bridge Reconstruction Project.
Consideration: $700 (.50 sq. ft.) I
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December 20, 1988
' b. Powerline easement from Mary D. Dreher, I200 N. College, needed to
underground the existing overhead electric system. Consideration:
$492. (792 sq. ft @ .50/sq. ft. & 96 sq. ft. @ E1.00/sq. ft.)
c. Powerline easement from Eugene Koehnke and Lorraine F. Koehnke,
4211 S. Mason, needed to install underground electric services.
Consideration: $10.
d.
Powerline easement from E. John Clarke, Lorene K. Clarke and Joy
M. Clarke, 704-706 E. Stuart, needed to underground the existing
overhead system. Consideration: $10.
e.
Powerline easement from Patricia F. Hemby, 617 Cook Drive, needed
to underground streetlight services. Consideration: $10.
f.
Powerline easement from Plaza Associates Ltd, a Colorado Limited
Partnership, 100-248 E. Monroe Drive, needed to underground the
existing overhead electric system. Consideration: $9456.72
(596.64 sq.ft. @ f5.00/sq.ft. $1618.38 sq.ft. @ $4.00 sq.ft.) City
to be reimbursed for these costs by the developer.
g.
The Wastewater Division is in the process of developing a
prototype sludge storage facility in Weld County. The facility
will be used to test and evaluate the acceptability of storing
sludge during winter at remote agricultural sites for use during
'
the growing season near the storage site.
A temporary easement is required for the test storage site. The
easement will be abandoned if the tests are unsuccessful, but the
agreement could be extended if results are satisfactory.
Consideration: $10 per year.
h.
Powerline easement from James P. Petersen, 1220 N. College, needed
to underground the existing overhead electric system.
Consideration: $120 (60 sq.ft. @ f2/sq.ft.)
i.
Easements from Spring Creek Farms needed for the Timberline and
Minor Road Waterlines.
CONSIDERATION: Easement #2 -f 2,460
Easement #5 - 14,587
Easement #6 - 1,010
Easement #7 - 4,210
Easement #10- 6,165
Easements #2 & #5 are based on Industrial land
at $25,000/Acre:
Easements #6, #7, and #10 are based on Residential
land at $15,000/Acre.
j.
Easements from Robert Shields needed for the Timberline and Minor
'
Road Waterlines.
8a
December 20, 1988
CONSIDERATION: $2,576 (Rural Residential Acreage based on '
$16,000/Ac) Ordinances on Second Reading were read
by title by Wanda Krajicek, City Clerk.
Item #6. Second Reading of Ordinances Submitting Various Charter
Amendments to the City Voters at the March 7 1989 Regular City
Election.
A. Second Reading of Ordinance No 157 1988, Submitting
Proposed Charter Amendment No 4 to a Vote of the Registered
Electors of the City. Concerning Proceedings for Recall of
Elective Officers of the City.
B. Second Reading of Ordinance No. 158, 1988, Submitting
Proposed Charter Amendment No 5 to a Vote of the Registered
Electors of the City, Deleting Provisions Concerning
Compensation for Petition Circulators.
C. Second Reading of Ordinance No 159 1988, Submitting
Proposed Charter Amendment No 6 to a Vote of the Registered
Electors of the City_ Concerning Payments in Lieu of Taxes on
Account of City Utilities,
D. Second Reading of Ordinance No 160, 1988, Submitting
Proposed Charter Amendment No 7 to a Vote of the Registered '
Electors of the City, Concerning Special Assessment
Securities in Special Improvement Districts.
E. Second Reading of Ordinance No. 161, 1988, Submitting
Proposed Charter Amendment No. 8 to a Vote of the Registered
L_ tors of the City, Eliminating the Surplus and Deficiency
Ft,.' as a General Revenue Source.
F. Second Reading of Ordinance No 162 1988 Submitting
Proposed Charter Amendment No. 9 to a Vote of the Registered
Electors of the City, Concerning Penalties for Violations of
the Charter.
Item #7. Second Reading of Ordinance No 168, 1988. Authorizing the City
Manager to Enter into an Agreement for the Lease/Purchase of Two
(2) Copy Machines and Two (21 Coin Op Units.
Item #8. Second Reading of Ordinance No 170 1988 Authorizing the
Issuance of Boardwalk Special Improvement District No. 77 Special
Assessment Refunding Bonds in the Aggregate Principal Amount of
$588 678 91 and Amending Ordinance No 15 1986
Item #9.
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December 20, 1988
' Item co. Second Reading of Ordinance No 174 1988 Amending Section
and Section 2 55 of the Coda part],n,nn 4n M
Ordinances on First Reading were read by title by Wanda Krajicek, City
Clerk.
Item #11. B.
C.
Item 512. A.
L•1
Item #13.
Councilmember Mabry withdrew from voting on the Consent Calendar due to a
perceived conflict of interest.
Councilmember Horak made a motion, seconded by Councilmember Estrada, to
adopt and approve all items not removed from the Consent Calendar. Yeas:
Councilmembers Estrada, Horak, Kirkpatrick, Maxey, Stoner, and Winokur.
Nays: None. (Councilmember Mabry withdrawn)
THE MOTION CARRIED. .
Ordinance No. 171. 1988, Adopting the
1989 Pav Plan Adopted on Second Reading
Following is staffs memorandum on this item:
"EXECUTIVE SUMMARY
This Ordinance, adopted 5-0 on First Reading on December 6, adopts the 1989
Pay Plan.
Each year the City Council adopts the pay plan which sets the salaries of
City employees in accordance with the adopted budget. This plan is
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December 20, 1988
designed to meet the Council's goal of rewarding employee performance and
'
remaining competitive in the labor market."
Councilmember Kirkpatrick made a motion, seconded by Councilmember Estrada
to adopt Ordinance No. 171, 1988 on Second Reading.
Mike Thornton, Fraternal Order of Police President, spoke against the
Ordinance and expressed concern regarding the validity of the survey. He
requested that the Fort Collins Police Department be allowed to include
longevity in their survey.
Jim Creeden, 4020 Goodell Lane #4, spoke of the dangers involved in police
work and questioned the accuracy of the survey data. He also requested
that the Police Department be the highest paid department within the City.
Bruce Lockhart, 2500 East Harmony Road, spoke against the performance pay
plan and commented that the length of service is included in the police
officers pay.
Scott Goff, 800 West Prospect, Fraternal Order of Police member, urged that
the survey be redone to establish a "real" performance pay plan.
Mayor Stoner commented on the quality of the Fort Collins Police
Department. '
The vote on Councilmember Kirkpatrick's motion to adopt Ordinance No. 171,
1988 on Second Reading was as follows: Yeas: Councilmembers Estrada,
,
Horak, Kirkpatrick, Mabry, Maxey, Stoner, and Winokur. Nays: None.
THE MOTION CARRIED.
Resolution 88-203 Authorizing the Purchase
of Real Property Located at 624 North Wood
Street from The Estate of Jessie N. Hart, Adopted
Following is staff's memorandum on this item:
"FINANCIAL IMPACT
The total price for the purchase of this property is $31,7OO. The Light
and Power Utility has sufficient funds budgeted and available for this
acquisition.
EXECUTIVE SUMMARY
This Resolution would authorize the execution of an existing Sale and
Purchase Agreement between the City and the Jessie M. Hart estate. The
subject property, a small house located on a 17,600 square foot lot, is
immediately South of the Wood Street Service Center (see Exhibit "A"). The '
North lot line of the property is adjacent to the Burlington -Northern
right-of-way which was previously approved for acquisition by Council
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December 20, 1988
t Resolution 88-156. The availability of the property is timely and the
property is ideally suited for integration into the planned expansion of
the Service Center facility.
The purchase price of $31,700 was negotiated with the Personal
Representative of the Estate and has been accepted by the beneficiaries of
that estate. The price was established based on a fee appraisal
commissioned by the Utility utilizing market value comparables adjusted for
the larger than normal lot size.
No negative public reaction is anticipated regarding this proposal."
Councilmember Mabry made a motion, seconded by Councilmember Winokur, to
adopt Resolution 88-203.
Bruce Lockhart, 2500 East Harmony Road, questioned why the funds to
purchase the property only come from Light and Power's Utility Fund, when
the new building will also be used by the Street Department which is a
General Fund Department.
City Manager Burkett noted that the Street Department is in the
Transportation Fund and not the General Fund and commented on the
accounting process involved in the allocation of funds for those types of
purchases.
' The vote on Councilmember Mabry's motion to adopt Resolution 88-203 was as
follows: Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Mabry, Maxey,
Stoner, and Winokur. Nays: None.
THE MOTION CARRIED.
Staff Reports
City Manager Burkett commented on the pay plan process and noted the high
quality of police officers working for the City. He extended an invitation
to meet with representatives from the Police Department to discuss their
concerns regarding the pay plan.
Councilmember Reports
Councilmember Kirkpatrick commented on the quality of the ice shows at the,
EPIC.
Councilmember Maxey spoke of the National League of Cities meeting in
Boston and noted the number of times Fort Collins was mentioned at the
conference.
Councilmember Horak commented on the Finance Committee hearing that was
' held regarding the SID reports, and he requested the opportunity to comment
further on the issues from that hearing under Other Business.
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December 20, 1988
Mayor Stoner commented on the donation received from Flatiron Paving '
Company. He also noted the death of Councilmember Winokur's brother and
thus the reason for his leaving the Council meeting.
Public Hearing on Choices
95 Capital Improvement Package
Following is staff's memorandum on this item:
"EXECUTIVE SUMMARY
Council is seeking comments on the proposed Choices 95 Capital Improvement
Package. Specifically, public opinion is sought on the following areas:
■ The make-up of the list of capital projects. Council is
particularly interested in drawing public comment on the large
dollar projects: Older Adult Center $0, Timberline Extension $3M,
the Community Indoor Pool Renovation/Relocation f2.4M, and the
Southwest Community Park/Youth Sports Complex Acquisition $1.8M.
■ The financing mechanism to be used for the capital plan. -Currently
Council is proposing no net increase in taxes to fund capital
projects. Projects would be funded by continuing the current
quarter -cent sales tax upon its expiration.
■ Funding of annual street maintenance needs with a quarter -cent
sales tax. Again, this would have no effect on the current sales
tax rate, the proposal is to continue the current quarter -cent
sales tax upon its expiration to meet these needs.
BACKGROUND
In January of 1988, a 41-member citizens' committee called "Choices 95"
began researching capital project needs in the community. They evaluated
over S120M in capital projects. On June 1, 1988, four sub -committees
recommended capital projects in four subject areas totalling over S60M to
the Choices 95 Executive Committee. On October 7, 1988, the Choices 95
Executive Comittee made its final recommendations to Council. The final
recommendation included approximately f24M in capital projects to be funded
with two one -quarter cent sales tax increments. (List of projects
recommended by Choices 95 is attached).
Since October, Council has worked to further reduce the capital project
lists. The following projects were eliminated from the capital list on
November 22 by four or more Council members, or were pulled by staff prior
to the meeting, (an * indicates that the project will be funded with a
mechanism other than the capital quarter -cent):
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December 20, 1988
'
A -I
Police Indoor Shooting Range
f400,000*
A-2
Emergency Communications Pkg.
97,000
A-3
City Hall East Renovation
375,000
D-8
Cemetery Expansion
1,500,000
B-12
Shields, Horsetooth to Butte
1,158,000
B-11
Lemay/Riverside Intersection
75,000
C-1
Performing Arts Feasibility
40,000*
Study
C-2
Lincoln Center Parking Lights
9,000*
C-3
Lincoln Center Restroom Addition 72,000*
In addition, project 0-2, Eastside Neighborhood Park Acquisition, was
upgraded to include full development of the park. The price increased from
$200,000 to $680,000.
The impact of this action reduced the total dollars for capital projects to
approximately $21N. In order to fund the package with a single
quarter -cent, the length of the capital improvement program would have to
be extended to 2000, other revenue sources identified or additional
projects will have to be cut."
Deputy City Manager Noe noted the purpose behind the public hearing and the
need for public input on the three policy areas that Council will be
considering. He noted the three areas needing input were: (1) capital
projects, (2) financing and (3) the issue of street maintenance.
The following people spoke on the Choices 95 Issues:
1. Jana Knezovitch, spoke in support of the Eastside Neighborhood Park in
the vicinity of Laurel School.
2. Sherry Rich, principal, Laurel and Harris Elementary Schools, read a
letter in support of the Neighborhood Park project.
3. Sheila Knop, 2608 Avocet Road, Choices 95 Committee Member, read a
statement from Bob Zimdahl on behalf of the Executive Committee
thanking the City for the opportunity to serve Fort Collins.
4. Susan Peterson, Director of Larimer County Office on Aging, commented
on the site options for the senior center.
5. June Bergstrom spoke of the many trips to different senior centers in
Colorado and asked that the center be restricted to just senior
membership.
6. Margaret Watts suggested additional senior agencies and activities be
located in the center.
7. Iris Slack, Director of Retired Senior Volunteer Program of Larimer
County, recommended planning a large facility to accommodate the
' growing senior population, including adequate parking, and scheduling
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December 20, 1988
of multi -dimension activities, and urged construction to begin
immediately on the new senior center.
8. Betty Evig, President, American Association Retired People, read two
resolutions expressing support for construction of a new senior center
and for renovation of the Community Pool.
9. Doug Wree, 312 East Myrtle, representing Larimer County Citizens for
Tax Reform, expressed concern regarding the financial condition of the
City.
10. Joe Campanella, Chairman, Senior Advisory Board, presented the results
of a questionaire that was passed out at the senior center.
11. Arthur Ganung, Office on Aging, reviewed site recommendations and
options for the new senior center.
12. Hank Simpson, 1327 West County Road 68, expressed the need to get
Larimer County involved in the project and asked Council for their
support for building the senior center.
13. Mike Blank, 905 South Summitview, spoke in favor of the completion of
the Timberline extension.
14. Edie Thompson, 623 Del Norte Place, spoke in favor of the Community
Pool renovation and repair. '
15. Paul Loopo, Larimer County Community Action Board, expressed concern
regarding human service needs compared to the Choices 95
recommendations and suggested that the City and Larimer County jointly
assess the needs concerning human service.
16. Bruce Lockhart, 2500 East Harmony Road, requested that staff project
cost estimates for the senior center and the street maintenance
program.
Councilmember Estrada noted Council's support for the senior center.
Councilmember Maxey indicated his awareness of the problems that senior
centers encounter.
Councilmember Kirkpatrick urged an Ordinance be drafted for a quarter cent
sales tax increase for a street maintenance program to be presented to
Council for consideration at the January 3 meeting. She noted her support
for capital projects that were short in duration and that would be
completed by 1995/1996. She encouraged a high emphasis be placed on
maintenance of existing services and noted the importance of transportation
needs. She expressed difficulty in supporting the Timberline extension and
the senior center as a single use facility.
Councilmember Horak urged a tax of one quarter cent or one eighth cent for '
street maintenance be presented to the voters and indicated his support of
-16-
December 20, 1988
' the senior center. He objected to the Timberline extension project, but
noted his support for the "D", "F", and "G" proposals.
Councilmember Estrada agreed with the previously stated comments regarding
the Timberline extension and noted his support for proposal "F" with the
inclusion of the 1.8 million dollars for the Southwest Community Park
Acquisition.
Councilmember Mabry spoke in support of the Timberline extension and noted
the positive points of the project. He also indicated his support for the
senior center project and expressed encouragement for the issue to be put
to the voters. He spoke in favor of the one quarter cent sales tax for
street maintenance use. He suggested the elimination of the southwest
community park project, and instead using the monies from the neighborhood
portion to purchase the parkland.
Councilmember Maxey encouraged the one quarter cent sales tax proposal for
the street maintenance program. He stated he did not support submitting
any of the proposals to the voters due to the possibility of all of the
proposals passing, thus creating too many projects and not enough funds.
He supported the Timberline extension project.
Mayor Stoner requested staff prepare a one quarter cent sales tax proposal
for the street maintenance program to be heard for the purpose of adoption
by Council at the first Council meeting in January, with an alternative
' proposal of a one quarter cent sales tax for the street maintenance program
to be submitted to the voters. He expressed his support for the Timberline
extension and encouraged members of Council to direct staff to prepare two
alternatives, one including Timberline and the other not including
Timberline.
Deputy City Manager Noe stated that Council would be provided with more
details regarding the funds used to acquire the property.
City Manager Burkett indicated the positive and workable points of drafting
an Ordinance for Option F.
Mayor Stoner directed staff to respond to Mr. Zimdahl regarding the items
that would be deleted after Council meets on January 3 to discuss the
funding of the key issues.
Ordinance No. 152, 1988, Revising
Chapter 95, Division 2 of the City
Code Relating to Street Oversizing,
Adopted on First Reading
Following is staff's memorandum on this item:
"FINANCIAL IMPACT
1
-17-
December 20, 1988
This Ordinance will revise the existing street oversizing ordinance to
provide a financially stable program for the construction of oversized
streets. Staying within an annual budget to avoid debt has a downside,
which could mean that not all oversized streets can be built as the City
would prefer. There are two funding sources for the street oversizing
fund. With this Ordinance, the fees are revised to provide revenue based
on the current land use model. The City will contribute $7OO,0OO per year
to the program, but for the first three years, the majority of these monies
will be used to retire debt. The uses of the fund have been clarified, and
a method to limit expenditures in order to balance the street oversizing
fund has been developed.
EXECUTIVE SUMMARY
The following street oversizing ordinance changes represent several years'
work in providing a financially stable program. The street oversizing
program represents a balance of new development and community -at -large
responsibilities, finances available and legal aspects. It took an
attitude of cooperation and compromise to come to this solution, which is
believed to be in the best interest of the entire community.
The revisions to the street oversizing ordinance are based on previous work
by the City Council, the Street Oversizing Task Force, and City staff.
There are significant modifications to the program discussed below:
A new distribution model of street costs based on the residential
access standard rather than the residential street standard.
Implementation of criteria to evaluate the City's participation in the
street oversizing costs of an outlying development.
Implementation of a percentage payment method to_ limit annual
expenditures of the fund to only those revenues received annually.
A major change in the ordinance is the expansion of the fee categories from
three to five to be more responsive to and reflective of the traffic
impacts of the industrial and commercial land uses in Fort Collins. Staff
believes that the wider range of fee categories is more indicative of the
types of uses in the City and more equitably correlates the land use with
the traffic Impact.
Attached are the Street Oversizing Criteria, which will be brought to
Council in Resolution form on Second Reading of the Ordinance. These
criteria set the policy for the community benefit of oversized streets.
The Ordinance requires new developments to be evaluated against these
criteria to determine eligibility for street oversizing reimbursement..
Staff has notified by mail over 200 developers, contractors, architects,
engineers, and other interested persons of these changes to the fee
structure, has provided detailed descriptions of all changes proposed to
the City Code, and has asked for comments in order to develop the final
-18-
December 20, 1988
ber
' wih Mr. Bob Zkeand Mr.
ordinance.
t o discuss t,hel co8ncernsf theythad texpressed ata the November
15, 1988 Council meeting. A memorandum detailing these concerns is
attached.
BACKGROUND
During the past twenty months, much work has been done on the street
oversizing issue. Based on the work of past citizen committees, public
input, and discussions with Council, a number of modifications to the
street oversizing program have been proposed.
Staff has now developed in final form an ordinance that provides a sound
funding mechanism for street oversizing and balances the needs of the
development community and the citizens of Fort Collins.
Council has taken two significant steps toward resolution of the street
oversizing issue:
I. The outstanding Street Oversizing debt was reduced by $1.2 million when
Council authorized payment of this amount from budget savings.
2. Council has committed $700,000 annually for the City portion of the
Street Oversizing Program.
' The next steps are the necessary Code amendment and adoption of criteria to
modify the street oversizing program. Approval of these items will
complete the development of the new program for implementation in January,
1989. The revisions to the Code address the following issues:
- The land use breakdown, typical section model, and cost distribution
model used to calculate street oversizing fees have been extensively
revised. The residential standard has been converted to an equivalent
residential access portion. Details of these changes were provided in
Appendices £ and F of the staff Report on Street Oversizing, dated
November 19, 1987.
- Development proposals will be rated against criteria for the logical
extension of infrastructure to determine eligibility for street
oversizing reimbursement. These criteria would establish the policy on
the community benefit of oversized streets and will be brought to
Council in Resolution form upon Second Reading of the Ordinance.
The recommended criteria were developed with the Street Oversizing Task
Force and, with the exception of some minor wording, remain essentially
unchanged. The criteria are based on four factors to determine
community benefit of streets: contiguity, master planning, traffic, and
operations. A cony of the recommended criteria is attached
Of the $700,000 in City funds available annually for the Street
' Oversizing Program, the City will dedicate $600,000 per year over the
next three years to retire the remaining debt. During this time, the
-19-
December 20, 1988
City's ability to reimburse developers for street oversizing costs will
be limited to the $100,000 in remaining City funds plus revenues
received from street oversizing fees. This Ordinance will limit annual
expenditures to the revenues available, by establishing a method to pay
all developers a percentage of each developer's total billing for street
oversizing.
- The street oversizing fee categories have been expanded from three to
five to be more responsive to the traffic impacts of the types of uses
in Fort Collins.
Although the changes in the land use breakdown and typical section model
already significantly reduce the proposed fees for 1989, staff began
researching the trips generated from different land uses to better
correlate the traffic impacts with the street oversizing fee paid.
The Residential Category "A" continues as a fee charged per
dwelling unit.
As a result of this trip generation study, the industrial category was
split into two distinct categories; Light Industrial and Heavy
Industrial.
The Light Industrial Category "B" is for small industries or
uses that have medium traffic impacts, including uses such as
sma11 warehouses, non-metal manufacturing plants, public
schools, and churches.
The Heavy Industrial Category "C" is for large traffic
intensive uses such as freight terminals, mining operations,
and major products manufacturing.
The commercial category also became two distinct categories; Retail
Commercial and General Commercial.
The Retail Commercial Category "0" is for shops or stores
engaged in the sale of goods or services to the general public,
including restaurants, banks, hotels, service stations, and
retail stores.
The General Commercial Category
with a slightly lower traffic
offices, wholesale or business
veterinary animal clinics.
"E" is for other business uses
impact such as administrative
service, insurance offices, or
Staff believes these categories are more indicative of the types of uses in
Fort Collins and that this modification will provide some economic
incentives to small business and industry.
FEE STRUCTURE
EP4013
December 20, 1988
' Staff has provided the street oversizing fee structure for Council
consideration. The street oversizing fees have been recalculated into five
expanded categories.
CATEGORY/USE CURRENT FEES PROPOSED FEES
"A"/Residential t 62210.U. 584/D.U.
"B"/Light Industrial 5,252/ac
"C"/Heavy Industrial 7,463/ac 7,003/ac
"E"/General Commercial 10,504/ac
"D"/Retail Commercial 14,926/ac 14,005/ac
IMPLEMENTATION
Implementation of the adopted Ordinance will commence in January of 1989.
A handout is being prepared to explain the modified street oversizing
program clearly and concisely.
This handout will be sent to all developers and others involved in
' construction. Hopefully this will aid in explaining the new program. The
budget for percentage reimbursement will be examined and set prior to
January 1989."
Councilmember Maxey made a motion, seconded by Councilmember Kirkpatrick,
to adopt Ordinance No. 152, 1988 on First Reading.
Director of Engineering Gary Diede gave background information which
included a slide presentation and responded to questions from Council. He
also noted the different costs that are involved in street widening and
indicated several items for which developers could receive a reimbursement
payment. He clarified the construction requirements and costs of arterial
streets versus collector streets including curbs, gutters, and sidewalks.
Councilmember Mabry indicated the need for staff to provide documentation
in the categories of cost, who would be eligible for reimbursement
payments, construction requirements of oversized street improvements, and
(if required) the construction specifications for collector and arterial
streets based on safety considerations.
Bruce Lockhart, 2500 East Harmony Road, commented on the qualifications for
reimbursement payments and noted that mobile home parks are now eligible to
pay the street oversizing fee.
Councilmember Estrada
thanked
staff
for their efforts and work on the
'
street oversizing issue
for the
past
two years.
-21-
December 20, 1988
The vote on Councilmember Maxey's motion to adopt Ordinance No. 152, 1988
on First Reading was as follows: Yeas: Councilmembers Estrada, Horak,
Kirkpatrick, Mabry, Maxey, and Stoner. Nays: None.
THE MOTION CARRIED.
Resolution 88-205 Adopting
a Water Supply Policy,
Adopted as Amended
Following is staff's memorandum on this item:
"FINANCIAL IMPACT
This Resolution provides broad wate
EXECUTIVE SUMMARY
r
This Resolution provides for the adoption of seven water supply policy
elements that were developed during the last two years after considerable
study and discussion by staff, Water Board, and City Council members. The
Resolution deals with policy elements in the following areas: (1)
Cooperation with Agricultural Community, (2) Reliability of Supply, (3)
Timing of Acquisitions, (4) Process of Acquiring Water Rights and Storage,
(5) Raw Water Requirements for New Development, (6) Regional Participation/
Cooperation, and (7) Demand Management. It also directs staff to present
the necessary resolutions and ordinances, and take other measures as
necessary, to implement recommendations made by a joint City Council and
Water Board Committee. These include increasing the raw water requirement
by approximately 20% to better match the amount of water used by new
development with the amount provided by new development. Also water
service fees would be increased by 7% - 8% over the next three years to
finance the purchase of an additional 7,400 acre feet of water by the City
at large.
BACKGROUND
In September of 1986, the staff and a special Water Board committee started
the process of reviewing the City's water supply policies. This review was
initiated primarily as a result of two factors: (1) the findings and
recommendations of three previous studies regarding water rates, droughts,
and water demand management, and (2) the City of Thornton's acquisition of
a large quantity of water rights in northern Colorado. After considerable
review and discussion during 1987, a joint City Council and Water Board
Committee was appointed in February 1988 to examine a number of key issues
related to the proposed policy. After much study and discussion, the joint
-22-
December 20, 1988
' committee developed several recommendations regarding water supply
reliability and acquisition.
The water supply policy elements evolved over the last couple of years and
provide general criteria or direction for addressing water supply issues.
These policy elements are listed in the Resolution and pertain to the
following subjects: (1) Cooperation with Agricultural Community, (2)
Reliability of Supply, (3) Timing of Acquisitions, (4) Process of Acquiring
Water Rights and Storage, (5) Raw Water Requirements for New Development,
(6) Regional Participation/Cooperation, and (7) Demand Management.
The joint City Council and Water Board committee addressed several key
issues relevant to the policy elements. These included the level of
drought protection, amount of water needed to meet the drought criteria,
how the additional water would be acquired and funded, and questions
related to expansion of water treatment plant capacity. The committee's
recommendations and discussion of them were outlined in the September 8,
1988 memorandum from the committee (attached). The committee concluded
that it was desirable to obtain water supplies for the long term that would
be sufficient to meet the City's water demands during the type of prolonged
drought that typically occurs only once during every fifty years. To
achieve this, it recommended a 20% increase in raw water requirements for
new development and a 7% increase in monthly service fees, the latter
spread over three years. The increase in raw water requirements would
' result in a typical increase of about $108 per single family residence in
development fees, from $512 to $620. The 7% increase in service fees for a
single family residence would be approximately equivalent to a $1.17 per
month increase from $18.15 to $19.42.
Adoption of this Resolution and the subsequent implementation of
recommended actions will provide significant closure on issues that have
been researched and discussed over the past several years."
Councilmember Horak made a motion, seconded by Councilmember Maxey, to
adopt Resolution 88-205 as amended.
Water and Sewer Director Mike Smith gave a brief presentation and responded
to questions from Council. He also commented on the costs of the metering
program and the 1 in 50 drought protection plan and the rate adjustments
that were incurred at the beginning of 1988.
Councilmember Horak commented on the differences between the voluntary and
mandatory issues of metered water for residential and commercial customers.
Councilmember Mabry made a motion, seconded by Councilmember Horak, to
amend the Resolution by striking the words "based on the current metering
policy" after the word "event" in Section 1, #2. Yeas: Councilmembers
Horak, Kirkpatrick, Mabry, and Stoner. Nays: Councilmembers Estrada and
Maxey.
THE MOTION CARRIED.
1F4<10
December 20, 1988
Councilmember Horak commented on the allocation possibilities regarding I
additional water supplies.
Councilmember Maxey noted the differences between converting from flat rate
to metered water regarding the 7% service fee increase.
Councilmember Horak stated he believed the water policy was beneficial for
many years to come and stated he would be supporting the motion.
Councilmember Mabry expressed thanks for the superb job that was done by
the Council subcommittee on researching this issue.
Mayor Stoner agreed with the previously stated comments and indicated his
support of the hard work done by the subcommittee.
The vote on Councilmember Horak's motion to adopt Resolution 88-205 as
amended was as follows: Yeas: Councilmembers Estrada, Horak,
Kirkpatrick, Mabry, Maxey, and Stoner. Nays: None.
THE MOTION CARRIED.
Resolution 88-206 Authorizing the
Mayor to Enter into an Intergovernmental
Agreement with Loveland and the Fort
Collins -Loveland Airport Authority. Adopted '
Following is staff's memorandum on this item:
"FINANCIAL IMPACT
`The City of Fort Collins and the City of Loveland will pay equal shares of
the airport debt and other costs associated with the operation of the sort
Collins -Loveland Airport under the terms of an existing Intergovernmental
Agreement between the two cities.
EXECUTIVE SUMMARY
Adoption of this Resolution will extend the current lease of the airport
property to the Fort Collins -Loveland Airport Authority for one year.
BACKGROUND
The original five-year lease between the City of Fort Collins, the City of
Loveland and the Fort Collins -Loveland Airport Authority expires on
December 31, 1988. During the past five years, deficiencies in the current
agreement have been identified. During 1989, staff from the City of Fort
Collins and the City of Loveland will be working together to evaluate the
operation of the airport by the Airport Authority, determine the County's
interest in becoming involved with the Airport, and set forth a plan to
improve operations at the Airport. '
-24-
December 20, 1988
' Since staff believes that the evaluation and plan may necessitate making
significant changes to the lease, staff is recommending that the current
lease be extended for one year to allow continuing operation of the Airport
by the Airport Authority in 1989."
Councilmember Maxey withdrew from discussion and vote on this item due to a
perceived conflict of interest.
Councilmember Kirkpatrick made a motion, seconded by Councilmember Estrada,
to adopt Resolution 88-206. Yeas: Estrada, Horak, Kirkpatrick, Mabry, and
Stoner. Nays: None. (Councilmember Maxey withdrawn)
THE MOTION CARRIED.
Ordinances Submitting Various
Charter Amendments to the City Voters
at the March 7, 1989 Regular City Election
Adopted on Second Reading
Following is staff's memorandum on this item:
"EXECUTIVE SUMMARY
After discussion at the October 25 work session, Council gave direction
' that Ordinances be prepared to submit a series of proposed Charter
amendments to voters at the March 7, 1989 regular election. On November
15, Ordinance No. 153, 1988 Submitting a Proposed Charter Amendment
Concerning Direct Election of the Mayor was defeated. The following
Ordinances were adopted on First Reading on November 15 by the votes
indicated after each item:
Second Reading of Ordinance No. 154, 1988, Submitting Proposed Charter
Amendment No. 1 to a Vote of the Registered Electors of the City,
Concerning the Month of Regular Municipal Elections and the Procedure
to Fill Council Vacancies. (adopted 4-3)
B. Second Reading of Ordinance No. 155, 1988, Submitting Proposed Charter
Amendment No. 2 to a Vote of the Registered Electors of the City
Concerning Conflicts of Interest. (adopted 6-1)
C. Second Reading of Ordinance No. 156, 1988, Submitting Proposed Charter
Amendment No. 3 to a Vote of the Registered Electors of the City,
Concerning Signature Requirements for Initiative and Referendum
Petitions. (adopted 4-3)
F4•12
December 20, 1988
BACKGROUND I
A. AMENDMENT NO I - APRIL ELECTIONS AND COUNCIL VACANCIES:
[Article II, Section 1(d) and 18 and Article VII1, Section 2]
The date of regular municipal elections was changed to the first Tuesday
after the first Monday in March in odd -numbered years when a provision for
at -large run-off elections was approved by the voters in 1981. Previously,
regular elections were held in April. The proposed amendment would change
the month of regular city elections back to April and would also make a
minor amendment to change the word "biannual" (which technically means
twice each year) to "biennial" (which means once every two years).
The housekeeping amendment would also address a potential difficulty in the
current procedure to fill a Council vacancy. The Charter requires that
Council make an appointment to fill any vacancy on the Council within 45
days, until the next regular election. The current provision overlooks the
fact that if a Council vacancy occurs just prior to a regular election, and
when the Councilmember leaving office is at mid-term, there would not be
sufficient time for nomination petitions to be circulated and filed for
candidates to run for the vacated office (the nomination petition deadline
is 30 days before the election), for a ballot to be prepared (ballots must
be printed and in the hands of the Clerk at least 10 days prior to the
election), or for the iegal notice of the election to be published (the
deadline to publish the notice is 10 days prior to the election). The
Charter, in requiring that the vacant position be placed on the ballot, '
requires an act that will not be legally possible within a period of time
immediately before the election.
Two options were presented for Council's consideration to address the
question of how a vacancy would be filled in the 45-day period just before
an election when the remaining term of the Councilmember leaving office is
more than 2 years.
The option adopted on First Reading on November 15 provides for the
appointment to be deferred until a maximum of 45 days after the newly
elected Councilmembers are seated, with the term of office of the appointed
Councilmember to run for the remainder of the unexpired term.
B. AMENDMENT NO, 2 - CONFLICTS OF INTEREST:
[Article IV, Section 9]
The repeal and reenactment of Article IV, Section 9, of the City Charter is
being recommended by staff in order to provide City officials and employees
with better guidelines and definitions regarding conflicts of interest.
Section 9 of Article IV of the Charter presently reads as follows:
No officer or employee of the city shall be financially
interested, directly or indirectly, in the purchase from or sale
to the city of any land, materials, or supplies or of services '
except personal services as an officer or employee. Any
W12
December 20, 1988
violation of this Section, with the knowledge express or implied
of the person or corporation contracting with the city, shall
render the contract voidable by the City Manager or the Council.
The proposed new Charter language would pertain not only to purchases and
sales, but also to other kinds of situations involving potential conflicts
of interest, such as staff recommendations on proposed courses of action
and the decision -making of City Council and City boards and commissions.
RECENT CHANGES:
The Council initially discussed possible amendments to the provisions of
the City Charter pertaining to conflicts of interest at a work session on
July 26, 1988. Following that discussion, Ordinance No. 112, 1988, which
submitted a proposed Charter amendment concerning conflicts of interest,
was presented to the Council on August 16, 1988. On that date, the Council
determined not to present this proposed Charter amendment to the voters at
the November election. It recommended instead that the matter be tabled
for further consideration, with a view toward presenting the matter to the
citizens at the March, 1989 election. At the second work session, on
October 25, the Council again considered the matter and recommended that
the staff include within the Charter itself all relevant definitions which
would be used in interpretation of the new rules of conduct concerning
conflicts of interest. (The earlier proposal would have defined these
phrases by ordinance rather than in the Charter.) Other changes which
' resulted from the October 25 work session include: (1) adding the
definition of "relative" to the ballot language, so as to specify the
parties who would be prohibited from making sales to the City; and (2)
revising the "violations" provisions so as to give the City discretion in
deciding whether monies received under a voided contract should be refunded
to the City.
The effects of this proposed Charter amendment, as recently modified, are
described below.
City Contracts:
Sales and purchases would be separately treated under the proposed
amendment. The absolute prohibition presently contained in the Charter
would still exist with regard to the sale to the City of any real or
personal property, etc., and would apply to Councilmembers and all
employees of the City. However, the prohibition would not apply to members
of any authority, board, committee or commission of the City or relative
thereof other than the members of the City Council.
As to purchases from the City, the only purchases that would be permitted
by officers or employees would be purchases of property offered for sale at
an established price, and not by bid or auction, on the same terms and
conditions as to all other members of the general public. Any contract
made in violation of these rules would be voidable by the City and a party
obtaining payment by reason of any such contract could be required, at the
-27-
c
December 20, 1988
option of the City, to forthwith return to the City all or any designated
the
'
portion of the monies received from the City under contract.
Conflicts of Interest:
New rules would be established in the Charter governing the conduct of City
officials and employees regarding conflicts of interest that did not
involve actual contracts with the City. The general rule would be that any
officer or employee having any financial or personal interest in a decision
of the City would be required to formally disclose such interest and to
thereafter refrain from participating in or attempting to influence the
decision of the City regarding the matter in which he or she was personally
or financially interested.
Definitions:
"Financial interest" would be defined in the new Charter provision to mean
any interest equated with money or its equivalent. Certain kinds of
specified interests would be considered remote or speculative and would be
excluded from the meaning of "financial interest."
Conclusion:
In combination, staff believes that these changes would better address the
recurring questions of conflicts of interest with which public employees
and officials are frequently faced. The goal of the changes is to provide
more definite rules and definitions but, at the same time, to leave
'
sufficient flexibility within the rules so as to permit their application
to any number of different fact situations with which the public official
may be.faced.
C. AMENDMENT NO. 3 - SIGNATURE REQUIREMENTS FOR INITIATIVE AND REFERENDUM
PETITIONS:
(Article X, Sections I(c) and 4(e) and Article XI, Section 1]
Based on Council's discussion at the October 25 work session, three options
were presented on November 15 to increase signature requirements for
initiative petitions.
The option adopted on First Reading on November 15 requires that an
initiative petition be signed by at least 5% of the total number of
registered electors for the last preceding regular city election. The
requirement would be the same to request the placement of the issue on
either a regular or special election ballot.
The proposed amendment would require referendum petitions to be signed by
registered city electors equal in number to at least 5% of the total number
of registered electors for the last preceding regular city election. There
would be no percentage differential for placing the referendum on a regular
or special election ballot.
-28-
December 20, 1988
' The amendment would also include a change to the section of the Charter
specifying the signature requirements for referendum and initiative
petitions for a franchise ordinance. The proposed language would replace
specific signature requirements with a general reference to the article on
initiative and referendum.
The Charter presently requires that an initiative petition be signed by
registered voters equal to at least 10% of the number of ballots cast at
the last regular city election to place the initiative on a regular
election ballot, and at least 15% of the same figure to place the
initiative on a special election ballot. A referendum requires a petition
signed by registered voters equal to at least 10% of the number of ballots
cast at the last regular city election.
Under state law, statutory cities require that initiative and referendum
petitions be signed by a number equal to at least 5% of the number of
"registered voters". The statutory guideline is somewhat vague in that
there is room for interpretation concerning the point in time at which the
number of "registered voters" is to be determined. Basing the computation
on the number registered at the last regular city election would establish
a figure that does not change for two years. The "current" number of
registered voters can change drastically over even a short period of time.
Under the Colorado State Constitution, the maximum signature requirement
would be 10% of the "registered electors" for a referendum petition and 15%
of the "registered electors" for an initiative petition. There is no
difference between the requirements for placing the issue on a regular or
special election ballot. As with the statutory requirement, there are no
clear guidelines in the Constitution as to whether "registered electors"
means current registered electors, those registered on the day of the
election or as of the last preceding city election, or those registered on
the date that circulation of the petition begins.
Setting the signature requirement at a percentage comparable to or slightly
less than the requirement for statutory cities would be a reasonable
incremental change. In contrast, if the signature requirements were to be
set at the Constitutional maximums, a petition would require almost as many
signatures as the average voter turnout for a regular city election.
The following initiative and referendum comparisons are based on these
figures:
"Current" voter registration (as of 10127188) 55,590
Ballots cast at 1987 regular election 9,113
Voters registered 1987 election 45,299
-29-
December 20, 1988
Initiative Comparison I
Constitutional maximum (based on "current") 8,339
Statutory requirement (based on "current") 2,780
Current Charter - regular election
911
Current Charter - special election
1,367
Requirement - Option under proposal
2,265
Referendum Comparison
Constitutional maximum (based on "current")
5,559
Statutory requirement (based on "current")
2,780
Current Charter - any election
911
Requirement under proposal
2,265"
Councilmember Mabry made a motion, seconded by Councilmember Maxey, to
adopt Ordinance No. 154, 1988 on Second Reading. Yeas: Councilmembers
Kirkpatrick, Mabry, Maxey, and Stoner. Nays: Councilmembers Horak and
Estrada.
THE MOTION CARRIED.
Councilmember Estrada made a motion, seconded by Councilmember Mabry, to
adopt Ordinance No. 155, 1988 on Second Reading. Yeas: Councilmembers
Estrada, Horak, Mabry, Maxey, and Stoner. Nays: Councilmember '
Kirkpatrick.
THE MOTION CARRIED.
Councilmember Maxey made a motion, seconded by Councilmember Mabry, to
adopt Ordinance No. 156, 1988 on Second Reading.
Bruce Lockhart, 2500 East Harmony Road, opposed the signature requirements
set out in the Charter Amendment.
Doug Wree, 312 East Myrtle, agreed with Mr. Lockhart's comments.
Councilmember Mabry stated he would support the Ordinance due to the
initiative proposal and the referendum requirements.
Councilmember Maxey noted the Charter did take into account population
increases and based the requirements on a percentage basis from the
previous election.
Councilmember Estrada strongly endorsed Councilmember Mabry's and
Councilmember Maxey's comments.
Councilmember Horak stated he would not be supporting the Ordinance due to
the changes in the number of signature requirements.
Councilmember Kirkpatrick indicated she would not support the Ordinance due ,
to difficulty involved in obtaining signatures and the complexity of the
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December 20, 1988
I
overall process. She also stated that she believed any changes to the
initiative process in the Ordinance would not benefit the Council.
Mayor Stoner stated there should be consistency in giving the voters the
opportunity to participate in the final decision making.
The vote on Councilmember Maxey's motion to adopt Ordinance No. 156, 1988
on Second Reading was as follows: Yeas: Councilmembers Estrada, Mabry
Maxey, and Stoner. Nays: Councilmembers Horak and Kirkpatrick.
THE MOTION CARRIED.
Ordinance No. 180, 1988, Fixing the Salary
of the Municipal Judge. Adopted on First Reading
Following is staff's memorandum on this item:
"_EXECUTIVE SUMMARY
City Council has met in Executive Session to conduct the performance
appraisal of Municipal Judge John Tobin. This Ordinance establishes the
1989 salary for the Municipal Judge. Council needs to determine the dollar
amounts to be inserted in the Ordinance."
' Councilmember Estrada made a motion, seconded by Councilmember Mabry, to
adopt Ordinance No. 180, 1988 on First Reading to read as follows:
inserting the figure of $52,000 as an annual salary and $2,500 as a
one-time performance bonus.
Councilmember Maxey commented on the retirement of Judge Tobin and the
replacement process of the Municipal Judge.
The vote on Councilmember Estrada's motion to adopt Ordinance No. 180, 1988
was as follows: Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Mabry,
Maxey, and Stoner. Nays: None.
THE MOTION CARRIED.
Ordinance No. 172, 1988, Fixing the Salary
of the City Attorney, Adopted on Second Reading
Following is staff's memorandum on this item:
"EXECUTIVE SUMMARY
City Council met in Executive Session to conduct the performance appraisal
of City Attorney Steve Roy. This Ordinance, which was adopted 4-1 on First
Reading on December 6, establishes the 1989 salary for the City Attorney at
' $58,000 and approves a one-time performance bonus of $2,000 payable on or
before December 31, 1988."
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December 20, 1988
Councilmember Kirkpatrick made a motion, seconded by Councilmember Estrada, '
to adopt Ordinance No. 172, 1988 on Second Reading. Yeas: Councilmembers
Estrada, Kirkpatrick, Mabry, Maxey, and Stoner. Nays: Councilmember
Horak.
THE MOTION CARRIED.
Ordinance No. 173, 1988, Fixing the Salary
of the City Manager. Adopted on Second Reading
Following is staff's memorandum on this item:
"EXECUTIVE SUMMARY
City Council met in Executive Session to conduct the annual performance
appraisal of City Manager Steve Burkett. This Ordinance, which was adopted
4-1 on first Reading on December 6, establishes the 1989 salary for the
City Manager at $74,10O and approves a one-time performance bonus of $3,50O
payable on or before December 31, 1988."
Councilmember Estrada made a motion, seconded by Councilmember Maxey, to
adopt Ordinance No. 173, 1988 on Second Reading. Yeas: Councilmembers
Estrada, Horak, Kirkpatrick, Maxey, and Stoner. Nays: Councilmember '
Mabry.
THE MOTION CARRIED.
Resolution 88-208 Approving Additional
Extension of Time for Commencement of
Construction of the Opera House Block Protect. Adopted
Following is staff's memorandum on this item:
"EXECUTIVE SUMMARY
The Opera House Block Project is a mixed -use commercial project consisting
of retail restaurant and office space located in the middle of the 100
block of North College Avenue. City Council has previously approved the
execution of an Implementation Agreement between the City, the Downtown
Development Authority and Historical Opera House Properties, which defines
the respective roles and responsibilities of the parties in connection with
the construction of the Project. Because financing for the project has
only recently been completed, the present date for the commencement of
construction of the Project should be extended; the extension date
requested by the developer is May 8, 1989.
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December 20, 1988
' BACKGROUND
The Opera House Project, and the documents pertaining to the Project, have
been addressed by the Council on numerous previous occasions. On December
16, 1986, Council adopted Ordinance No. 196, 1986, which approved the
issuance of $5,800,000 in industrial development revenue bonds for the
Project. Several extensions to the loan agreement and indenture of trust
pertaining to this bond issue have been granted by the Council, most
recently by passage of Resolution 88-127 on August 16, 1988. Additionally,
on December 6, 1988, Council authorized the issuance of S1,DD0,000 in
taxable IDRB's for the Project by passage of Ordinance No. 165, 1988.
The Implementation Agreement pertaining to this Project has previously been
amended with the approval of Council, and the period of time within which
construction is to be commenced under the terms of the agreement has been
extended twice, the first time by Resolution 87-182, adopted December 15,
1987, and the second time by Resolution 88-83, adopted May 17, 1988. The
Agreement in its present form calls for the commencement of construction on
or before January 8, recently b en fi alized98financing9. Because
it is necessary to aainoextend the period awithin
which construction of the Project may be commenced for an additional period
of four months. This Resolution would authorize the City Manager to
execute an addendum to the Implementation Agreement permitting such
extension through May 8, 1989."
Councilmember Maxey made a motion, seconded by Councilmember Maxey, to
' adopt Resolution 88-208. Yeas: Councilmembers Estrada, Horak,
Kirkpatrick, Mabry, Maxey, and Stoner. Nays: None.
THE MOTION CARRIED.
Other Business
Resolution 88-207 Authorizing
the Release of $129,681 from the Fort
Collins -Loveland Airport Account for
the Airport Runwav Extension Project Adopted
Following is staffs memorandum on this item:
"FINANCIAi INPAGT
The Federal Aviation Administration has granted up to $1,167,128 for the
Paving, lighting and marking portion of the runway extension project. The
federal funds constitute a 90% match. The local share for this project is
$129,681. The City of Fort Collins' share would be half of that amount
$54,840.50, and the City of Loveland's share would be the same. '
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December 20, 1988
EXECUTIVE SUMMARY
The Cities of Fort Collins and Loveland have received a grant from the
Federal Aviation Administration in the amount of $1,167,128 for the paving,
lighting and marking portion of the runway extension project at the Fort
Collins -Loveland Airport. The grant is to cover 90% of the project costs,
with the City of Fort Collins and the City of Loveland each responsible for
5% of the project costs. Therefore, the total cost to each City should not
exceed $64,841.
BACKGROUND
The City of Fort Collins and the City of Loveland operated the Fort
Collins -Loveland Airport under a joint operating agreement between 1963 and
1981. In 1981, the two cities reached agreement on the funding of certain
capital improvements to be completed at the airport site. The City of Fort
Collins issued $2,000,000 of bond anticipation notes in 1981 and replaced
the 1981 BANS with $2,000,000 of Sales and Use Tax Revenue Bonds in 1982.
The 1982 Sales and Use Tax Revenue Bonds were refinanced and restructured
in the 1986 Sales and Use Tax Refunding.
In the 1981 agreement, the Cities agreed to split the amount on the debt
service schedule and any revenue derived from the airport operation
equally. presently, a balance of $265,789 exists in the airport account
from prior year reserves, interest earnings and general fund appropriations ,
made by the Cities. On July 5, 1988, Council authorized the release of
$111,111 from the account to cover the Cities' share of the earlier F.A.A.
grant relating to the dirt -work portion of this project. That money has
been deducted from the balance shown above for the account.
By this Resolution, the City of Fort Collins would approve the use of
additional funds from the airport account for the runway expansion project.
Upon passage of a similar motion by the City of Loveland, the Finance
Department would release the funding. Such action would be consistent with
discussions with the City's independent auditors.
A copy of the Grant Agreement is attached for your information."
Councilmember Maxey withdrew from discussion and vote on this item due to a
perceived conflict of interest.
Councilmember Mabry made a motion, seconded by Councilmember Kirkpatrick,
to adopt Resolution 88-207.
Finance Director Alan Krcmarik gave a presentation and responded to
questions from Council. He summarized the interest earned on the unspent
proceeds during the construction phase of the project.
Mayor Stoner explained that the expansion project would begin in 1989. He
noted that when the project was sent out to bid, the bid returns were half
a million dollars less than what was originally anticipated, therefore, the
FAA immediately appropriated the funds for the project. He also noted the
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December 20, 1988
I
t additional benefits to the project beginning immediately and at such a low
cost. He noted the positive points regarding the inclusion of the taxiway
extension and security fencing for a reduced cost.
The vote on Councilmember Mabry's motion to adopt Resolution 88-207 was as
follows: Yeas: Councilmembers Estrada, Kirkpatrick, Mabry, and Stoner.
Nays: Councilmember Horak. (Councilmember Maxey withdrawn)
THE MOTION CARRIED.
Councilmember Horak gave a progress report from the SID public hearing and
recommended a worksession on January 24 for a status report and update on
progress and to determine what issues still need to be addressed.
Councilmember Kirkpatrick commented on the Finance Subcommittee meeting and
issues that need to be discussed and suggested structuring a meeting
regarding major policy issues.
Councilmember Horak noted the need for final written comments from
concerned citizens to be submitted by January 13 and he stated the Finance
Subcommittee would meet between January 13 and January 24 to resolve and
develop the issues. He also went on to discuss the delays behind aggregate,
refunding and requested that the City Manager and staff draft a memo to -
schedule a meeting on January 17 for the purpose of reviewing the aggregate' - refunding issues.
' Director of Administrative Services Pete Dallow commented on the First
Readings of the refunding ordinance scheduled for February and how it would
coincide with the market and bond refunding. He also proposed the
Possibility of Council action on January 17 in the form of a Resolution to
Proceed with the refunding.
Deputy City Manager Skip Noe indicated that the information that will be
needed by citizens regarding the refunding is ready to be distributed for
review.
1
Councilmember Horak suggested a worksession in conjunction with a review of
the workplans that are being submitted by the Boards and Commissions
regarding direction, correspondence, and consistency.
Councilmember Kirkpatrick commented on the skateboarding facility and
encouraged discussion and an agenda item on the issue based on staff
recommendation.
Councilmember Estrada commented on the possibility of skateboard zones or
facilities being added to the City's park system.
Councilmember Horak suggested the' Parks and Recreation Board review the
skateboarding issue and submit a recbmmendation to Council.
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December 20, 1988
Councilmember Kirkpatrick commented on the results of the Library study. '
She urged discussion of the study within the next quarter and noted that
the Library Board would welcome a worksession discussion.
Councilmember Horak suggested the discussion be held possibly the second or
fourth Tuesday in February or the second Tuesday in March to discuss
funding appropriations for the 1990 budget.
Addournment
Councilmember Estrada made a motion, seconded by Councilmember Maxey, to
adjourn the meeting. Yeas: Councilmembers Estrada, Horak, Kirkpatrick,
Mabry, Maxey, and Stoner. Nays: None.
The meeting adjourned at 11:45 p.m.
Mayor
ATTEST:
City C erk ,
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