HomeMy WebLinkAboutMINUTES-01/19/1988-Regular' January 19, 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, January 19, 1988, at 6:30 p.m. in the Council Chambers in the City
of Fort Collins City Hall. Roll call was answered by the following
Councilmembers: Estrada, Horak, Kirkpatrick, Mabry, Maxey, Stoner, and
Winokur.
Staff Members Present
A.
Burkett, Huisjen, Krajicek
Citizen Participation
— --• •--• �.+ ��ci nat vet luuun censer montn was
accepted by Jep Enck, Executive Director of the Alternatives Youth
Center (recently renamed the Activities Youth Center).
Agenda Review: City Manaaer
Councilmember Kirkpatrick requested Item #14, Resolution 88-8 Authorizing
the Mayor to Enter into an Agreement with the State Board of Agriculture by
and through the Executive Branch of the Associated Students of Colorado
State University for the Purpose of Providing Transfort Service, be removed
from the Consent Calendar.
Councilmember Mabry asked that Item #7, Ordinances Amending the Code of the
City of Fort Collins Relating to Vested Property Rights, Zoning
Regulations, and Functions of the Planning and Zoning Board, be withdrawn
from the Consent Agenda.
Mayor Estrada pulled Item #15, Resolution 88-9 Authorizing the Purchasing
Agent to Enter into an Agreement with Care -A -Van, Inc. to Provide
Transportation Services to the City, from the Consent Calendar.
Consent Calendar
This Calendar is intended to allow the City Council to spend its time and
energy on the important items. on a lengthy agenda. Staff recommends
approval of the Consent Calendar. Anyone may request an item on this
calendar be "pulled" off the Consent Calendar and considered separately.
Agenda items pulled from the Consent Calendar will be considered separately
under Agenda Items #21 and #29, Pulled Consent Items, except items pulled
' by anyone in the audience or items that any member of the audience is
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January 19, 1988
Present to discuss that were pulled by staff or Council
be discussed immediately following the Consent Calendar.
5. Consider annrnval of the minufoe of fho ncnul
1.1
7.
These items will
This Ordinance, which was unanimously adopted on First Reading on
January 5, rezones approximately 31.29 acres located east of South
Shields Street and north of the Larimer No. 2 Canal, from the
T-Transitional Zoning District to the R-P, Planned Residential, Zoning
District. The property is presently undeveloped.
APPLICANTS: Vaught -Frye Architects P.C.
2900 S. College Avenue
Fort Collins, CO 80525
OWNERS: CSU Research Foundation
P.O. Box 483
Fort Collins, CO 80522
A. Second Reading of Ordinance No. 2, 1988, Amending Chapter 29 of
the Code Relating to Vested Property Rights.
Second Reading of Ordinance No. 3, 1988, Amending Chapter 29 of
the Code Relating to Zoning Regulations.
Second Reading of Ordinance No. 4, 1988, Amending Section 2-353(4)
of the Code Relating to the Functions of .the Planning and Zoning
Board.
These Ordinances were unanimously adopted on First Reading on January
5. Recent changes to the State legislation have made it necessary
that new vested property rights provisions be adopted by the City.
Staff has also been reviewing the performance of the Land Development
Guidance System (LOGS), Zoning and Subdivision Codes and have
identified a number of improvements which are needed to clarify
existing regulations and add requirements which will make these
ordinances more effective. Most of the changes are minor and/or
"housekeeping" in nature and are intended to implement existing
interpretations and/or correct known problem areas in the Code. The
Planning and'Zoning Board has reviewed the changes and has recommended
adoption with' some minor modifications. The Board's recommended
changes have been incorporated into the proposed ordinances.
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January 19, 1988
I
Amendments on Second Readin
0
a
10.
Section 29-514 of Ordinance No. 2, 1988 and Paragraph G of Ordinance
No. 3, 1988 both contain language regarding "phased" development
projects. This language permits the submission by the developer of a
"development schedule" for the phases, exposing the City to the
possibility of establishment of phased developments which could extend
far beyond the statutory period for a vested right. The language has
existed in the Land Development Guidance System since its inception
and has never been implemented. The Planning Department recommends
the deletion of the language in order to avoid the possibility of
abuse. If a phased project should require more development time than
3 years, there is already a mechanism for the granting of
administrative extensions by the Planning Director and quasi-judicial
extensions by the Planning and Zoning Board.
Adoption of the Consent Calendar will adopt Ordinance No. 2, 1988, as
amended, Ordinance No. 3, 1988, as amended, and Ordinance No. 4, 1988.
The improvements in the district were accepted by the Council on
December 1, 1987. Notice of the assessment has been published and
mailed to the affected property owners. This ordinance, which was
unanimously adopted on First Reading on January 5, is the final step
in the closeout of the district.
The City has investigated the available insurance alternatives. After
evaluating these alternatives, the City has chosen to self insure up
to certain limits. On January 5, Council unanimously adopted
Resolution 88-1, establishing a Self -Insurance Program and a
Self -Insurance Fund. On that date, Council also unanimously adopted
this Ordinance on First Reading. The Resolution and Ordinance permit
the City to self insure and authorize a self insurance fund that will
cover claims up to the governmental immunity limits of $150,000 per
person and $400,000 per occurrence.
Ordinance No. 181, 1987 was adopted on November 17, 1987. The purpose
of the Ordinance was to appropriate $412,670 of General Fund Prior
Year Reserves to the Capital Project Fund for the relocation of some
staff to 281 North College and the renovation/remodeling of the
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January 19, 1988
11
12.
Downtown Community Center, City Hall East, City Hall West, and the old
Toliver's building on Block 31.
On December 15, 1987 a referendum petition was filed with the City
Clerk containing the requisite number of signatures to require Council
to either repeal Ordinance No. 181, 1987 or place it on the ballot at
the next regular City election (March 7, 1989) or a special city
election.
On January 5, after accepting by motion the City Clerk's certification
of the referendum petition, Council unanimously adopted on First
Reading this Ordinance, which repeals Ordinance No. 181, 1987.
Items Relating to the Front Range Farms Annexation and Zoning
A. Hearing to Make Determinations and Findings Concerning the Front
Range Farms II Annexation.
Resolution 88-6 Setting Forth Findings of Fact and Determinations
Regarding the Front Range Farms II Annexation.
Second Reading of Ordinance No. 196, 1987, Annexing Approximately
79.45 Acres Known as Front Range Farms II Annexation.
Second Reading of Ordinance No. 197, 1987, Zoning Approximately
79.45 Acres, Known as Front Range Farms II Annexation, into the
I-L Limited Industrial Zoning District.
This Resolution sets forth findings and determinations that the area
is eligible for annexation pursuant to Colorado state law. Ordinance
No. 196, 1987 and Ordinance No. 197, 1987, which were unanimously
adopted on First Reading on December 15, annex and zone approximately
79.45 acres located north of East Vine Drive and east of I-25. The
requested zoning is I-L, Limited Industrial, with a planned unit
development condition. The property is presently undeveloped.
APPLICANT:
Intermill Land Surveying
1301 North Cleveland
Loveland, CO 80537
OWNERS:
Front Range Farms II
A General Partnership
Floyd W. Deines
General Partner
5025 Southridge Greens Blvd.
Fort Collins, CO 80526
The City of Fort Collins has been granted Federal Railroad Crossing
Safety Funds to help pay for the crossing signals and gates on
Prospect Road at the Union Pacific Railroad crossing and the
Burlington Northern Railroad crossing. The ,signals at the BNRR
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January 19, 1988
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14.
15.
crossing have already been constructed and the signals at the UPRR
crossing are under construction. The federal funds will pay 90% of
the signal construction costs.
Once the UPRR signals are completed the Prospect/Timberline
Intersection Project will be finished.
This action is being taken to allow the City to pay the railroad as
required by agreements with the railroads. The City will then bill
the State for the Federal share. The Colorado Department of Highways
administers the Federal Railroad Crossing Safety Funds for the State
of Colorado.
Items Relating to the Provision of Library Services
A. Resolution 88-7 Authorizing the Mayor to Enter into an
Intergovernmental Agreement with Larimer County for the Purpose of
Providing Library Services to Residents of Larimer County.
B. Hearing and First Reading of Ordinance No. 11, 1988, Appropriating
Unanticipated Revenue of $9,508 for the Library Outreach Program.
The Resolution authorizes the Mayor to enter into an agreement for the
City to continue to provide Larimer County residents with general
library services and library outreach services to serve the
handicapped, elderly and other isolated persons. In exchange for
providing these services during 1988, the County will pay the City
$106,448. The Ordinance appropriates the Outreach funds. General
library service funds in the amount of $96,940 were projected and
appropriated with the 1988 Budget.
Since 1975, the City has provided Transfort services to the student
body of Colorado State University by and through the Associated
Students of Colorado State University (ASCSU). It is proposed that
these services be provided for the term of this contract at the rate
of $3.60 per semester for each full-time fee paying student and for
fee paying international students enrolled in courses of study of the
Office of International Training Programs (OITP). This will provide
the City with approximately $118,000 in annual revenues.
Care-A-Van provides transportation services to disabled, elderly, and
economically disadvantaged persons. This service complements the City
Transfort system. This contract provides support funding in the
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January 19, 1988
16.
17.
19.
amount of $130,500. Of the total $130,500 contribution, $10,500 will t
be paid from the General Fund and $120,000 is federal grant money the
City has allocated to Care -A -Van to provide transportation services
within the Urbanized Area of the City of Fort Collins and for the
operation of the SAINT Program.
Based upon Care-A-Van's 1988 projected cost per trip of $4.10, the
City can expect that approximately 58,537 trips will be provided.
Since May 1984, Care -A -Van has leased office and vehicle storage space
and contracted for vehicle maintenance at the City transit facility
located at 6570 Portner Road. Care -A -Van will pay $17,000 in 1988 and
will pay for vehicle servicing according to its use.
As discussed in the 1988 budget worksessions with City Council, the
Fort Collins Police Services is planning a comprehensive resources
study to provide an assessment of present resource needs and to
determine future resource needs.
The study will provide the Police Services information in determining
the number and most effective utilization of sworn and non -sworn
employees for present and future needs. Recommendations will include
use of non -sworn personnel, deployment, patrol shift scheduling, beat
structure, and recommended methods of providing services in an
efficient and cost-effective manner to the citizens of Fort Collins.
The Resolution would authorize the City Manager to enter into an
agreement with K. Thomas McCauley to purchase 6.7 acres of land near
west County Road 38E at a total cost of $32,500 for use as a water
storage tank site.
At the January 5, 1988 City Council meeting, the appeal of the
Planning and Zoning Board decision to approve the North Lemay Plaza
Preliminary P.U.D., was considered. After a,full review of the record
of the Planning and Zoning Board, and after public testimony from the
appellant, the developer, staff, and concerned citizens, the Council
J
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January 19, 1988
' voted to modify the approval granted by the Planning and Zoning Board
with the addition of a condition regarding the hours of operation.
Mom
A vacancy currently exists on the Economic Opportunity Advisory
Committee due to the resignation of Jo -an Barnett. The Council
liaison has conducted interviews.
In keeping with Council's policy, the recommendation for this
appointment was announced at the January 5 meeting. The appointment
was tabled to January 19 to allow time for public input.
The prospective appointee is:
Douglas Dickson
Ordinances on Second Reading were read by title by Wanda Krajicek, City
Clerk.
Item #6.
I
Item #7. A.
13
C.
Item #8.
Item #9.
Item #10.
Item #11. C.
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January 19, 1988
Lim
Ordinances on First Reading were read by title by Wanda Krajicek, City
Clerk.
Item #12.
Item #13. B.
Councilmember Stoner made a motion, seconded by Councilmember Kirkpatrick,
to adopt and approve all items not removed from the Consent Calendar.
Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Mabry, Maxey, Stoner,
and Winokur. Nays: None.
THE MOTION CARRIED.
Ordinances Amending the Code of
the City of Fort Collins Relating
to Vested Property Rights, Zoning
Regulations, and Functions of
the Planning and Zoning Board
Following is staff's memorandum on this item:
"A. Second Reading of Ordinance No. 2, 1988, Amending Chapter 29 of the
Code Relating to Vested Property Rights.
Second Reading of Ordinance No. 3, 1988, Amending Chapter 29 of the
Code Relating to Zoning Regulations.
C. Second Reading of Ordinance No. 4, 1988, Amending Section 2-353(4) of
the Code Relating, to the Functions of the Planning and Zoning Board.
11
These Ordinances were unanimously adopted on First Reading on January 5.
Recent changes to the State legislation have made it necessary that new
vested property rights provisions be adopted by the City. Staff has also
been reviewing the, performance of the Land Development Guidance System
(LDGS), Zoning and Subdivision Codes and have identified a number of
improvements which are needed to clarify existing regulations and add_
requirements which will make these ordinances more effective. Most of the
changes are minor and/or "housekeeping" in nature and are intended to
implement existing interpretations and/or correct known problem areas in
the Code. The Planning and Zoning Board has reviewed the changes and has
recommended adoption with some minor modifications. The Board's '
recommended changes have been incorporated into the proposed ordinances.
mm
January 19, 1988
tAmendments on Second Reading
Section 29-514 of Ordinance No. 2, 1988 and Paragraph G of Ordinance No. 3,
1988 both contain language regarding "phased" development projects. This
language permits the submission by the developer of a "development
schedule" for the phases, exposing the City to the possibility of
establishment of phased developments which could extend far beyond the
statutory period for a vested right. The language has existed in the Land
Development Guidance System since its inception and has never been
implemented. The Planning Department recommends the deletion of the
language in order to avoid the possibility of abuse. If a phased project
should require more development time than 3 years, there is already a
mechanism for the granting of administrative extensions by the Planning
Director and quasi-judicial extensions by the Planning and Zoning Board.
Dashes through words indicate deletioni from each Ordinance on First
Reading. No changes are proposed to Ordinance No. 4, 1988 on Second
Reading.
Adoption of the Consent Calendar will adopt Ordinance No. 2, 1988, as
amended, Ordinance No. 3, 1988, as amended, and Ordinance No. 4, 1988."
Councilmember Kirkpatrick made a motion, seconded by Councilmember Stoner,
to adopt Ordinance No. 2, 1988 on Second Reading.
City Planner Joe Frank explained the amendments made to Ordinance No. 2,
1988 and Ordinance No. 3, 1988 prior to Second Reading and responded to
questions from Council.
Councilmember Stoner stated he believed the amendment still allows adequate
time for a developer to submit their final plans.
Councilmember Kirkpatrick stated she believed it was important to close a
loophole in administrative practices.
The vote on Councilmember Kirkpatrick's motion to adopt Ordinance No. 2,
1988 on Second Reading was as follows: Yeas: Councilmembers Estrada,
Horak, Kirkpatrick, Mabry, Maxey, Stoner, and Winokur. Nays: None.
THE MOTION CARRIED.
Councilmember Maxey made a motion-, seconded by Councilmember Stoner, to
adopt Ordinance No. 3, 1988 on Second. Reading. Yeas: Councilmembers
Estrada, Horak, Kirkpatrick, Mabry, Maxey, Stoner, and Winokur. Nays:
None.
THE MOTION CARRIED.
Councilmember Stoner made a motion, seconded by Councilmember Mabry, to
adopt Ordinance No. 4, 1988 on Second Reading. Yeas: Councilmembers
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January 19, 1988
Estrada, Horak, Kirkpatrick, Mabry, Maxey, Stoner, and Winokur
None.
THE MOTION CARRIED.
Resolution 88-8 Authorizing the Mayor
to Enter into an Agreement with the
State Board of Agriculture by and
through the Executive Branch of the
Associated Students of Colorado
State University for the Purpose
of Providing Transfort Service Adopted
Following is staff's memorandum on this item:
"Financial Impact
Nays:
This action approves a contract that will produce revenues projected at
$118,800 in the 1988 Transfort budget.
Executive Summary
Since 1975, the City has provided Transfort services to the student body of
Colorado State University by and through the Associated Students of
Colorado State University (ASCSU). It is proposed that these services be
provided for the term of this contract at the rate of $3.60 per semester
for each full-time fee paying student and for fee paying international
students enrolled in courses of study of the Office of International
Training Programs (OITP). This will provide the City with approximately
$118,000 in annual revenues.
Background
The City allows full-time, fee -paying students who present a CSU photo I.D.
and CSU activity card for the current semester, and OITP students who
present an unexpired photo identification card issued by OITP, to ride
Transfort without further charge.
Rates have increased since the initial $1.00 per student/per semester in
1975, $2.00 in 1980, $2.50 in 1983, $3.00 in 1984, $3.30 in 1985, and $3.60
in 1987. Revenues from this contract in 1987 were $123,556.
In order to increase the student fee in 1989, it is necessary that this
issue be placed on the CSU Spring Referendum (April, 1988). It would then
have to be approved by a majority of the voting students. A77 requests for
a fee increase have been approved in past referendums.
This contract also proposes that service will be provided by one (1) bus on
a circular route in the central campus area between the hours of 6:30 p.m.
-10:30 p.m., Monday through Friday, during the spring semester 1988. This
is a program that will be evaluated at the end of this time and.must meet
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January 19, 1988
' minimal ridership quotas (as stipulated in contract) for consideration of
continuation during fall semester 1988.
This new agreement will provide service from January 20, 1988, through
January 19, 1989."
Councilmember Kirkpatrick stated she would withdraw from the discussion and
vote on this item due to a perceived conflict of interest.
Councilmember Stoner made a motion, seconded by Councilmember Maxey, to
adopt Resolution 88-8.
Councilmember Horak stated he did not believe it was necessary for
Councilmember Kirkpatrick to withdraw from this item and expressed his
desire to have the Ethics Committee review the conflict of interest issue.
The vote on Councilmember Stoner's motion to adopt Resolution 88-8 was as
follows: Yeas: Councilmembers Estrada, Horak, Mabry, Maxey, Stoner, and
Winokur. Nays: None. (Councilmember Kirkpatrick withdrawn)
THE MOTION CARRIED.
Resolution 88-9 Authorizing the
Purchasing Agent to Enter into
an Agreement with Care -A -Van, Inc.
' to Provide Transportation
Services to the City. Adopted
Following is staff's memorandum on this item:
"Financial Imoact
This action approves a contract between the City and Care -A -Van, Inc.,
which provides support funding in the amount of $130,500 for specialized
transportation in Fort Collins. This figure represents $120,000 in federal
grant monies (UNTA) as well as $10,500 in General Fund subsidy projected in
the FY 1988 Transfort budget. There are no additional General Fund
expenditures.
Executive Summary
Care -A -Van provides transportation, services to disabled, elderly, and
economically disadvantaged persons.. This service complements the City
Transfort system. This contract provides support funding in the amount of
$130,500. Of the total $130,500 contribution,:$10,500 will be paid from
the General Fund and $120,000 is federal grant money the City has allocated
to Care -A -Van to provide transportation services within the Urbanized Area
of the City of Fort Collins and for the operation of the SAINT Program.
Based upon Care-A-Van's 1988 projected cost per trip of $4.10, the City can
expect that approximately 58,537 trips will be provided.
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January 19, 1988
Background I
The 1988 UNTA grant provides for $120,000 in federal assistance to the City
to provide specialized transportation. In the pending contract, an
agreement has been reached for Care -A -Van to provide a dollar for dollar
match for federal funds. In the past, this clause has not been a part of
the contracts. This enables the City to effectively double the number of
trips purchased via federal funds. This method has also allowed the
leveraging of additional funds to provide additional specialized
transportation services in 1988. This contract includes the specialized
services traditionally purchased from Care -A -Van and provides for the
operation of the SAINT program.
The SAINT program has been transferred via contract effective 111188 and is
now administered by Care -A -Van, Inc. The transfer was initiated to
consolidate paratransit services in the community. It is fully expected
that the transfer of SAINT from the City to Care -A -Van will enhance transit
services for seniors and the disabled. SAINT staff have moved to share
common space with Care -A -Van at the Transit Facility at 6570 Portner Road.
Breakdown of Federal Funds:
Care -A -Van direct service $70,000
Facility Costs (utilities) 30,000
SAINT 20,000 '
Total $120,000"
Councilmember Stoner made a motion, seconded by Councilmember Kirkpatrick,
to adopt Resolution 88-9.
General Services Director Tom Frazier answered questions from Council about
the relocation of the SAINT Program to the Transit Facility.
The vote on Councilmember Stoner's motion to adopt Resolution 88-9 was as
follows: Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Mabry, Maxey,
Stoner, and Winokur. Nays: None.
THE MOTION CARRIED.
Counci`lmember Reports
Councilmember Kirkpatrick applauded the final budget document and
encouraged the citizens of Fort Collins to read it.
Mayor Estrada reported he played "cookie monster" for approximately 600
Girl Scouts on January 15 to help kick-off the annual cookie sale.
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January 19, 1988
Ordinance No. 8, 1988, Amending Section
25-73(c) of the Code Relating to Sales
and Use Tax Adopted on First Reading
Following is staff's memorandum on this item:
"Financial Impact
Estimated financial impact is an annual loss of $10,500 to $29,500 of sales
tax revenue to the City.
Executive Summary
The City Sales/Use Tax Ordinance imposes a sales tax on all items of
tangible personal property sold at retail. Adoption of this amending
ordinance would provide an exemption of the sales tax on certain sales made
to the public by charitable organizations.
Back round
In 1967 the citizens of Fort Collins adopted a City sales and use tax.
This ordinance was subsequently revised in 1986. Both the original and the
revised ordinance did not exempt from sales tax the sales made to the
public by charitable organizations. After the 1986 revisions to the Sales
and Use Tax Ordinance, the City commenced a sales and use tax education and
audit program in an effort to gain compliance and tax equity through
taxpayer education and audits. Prior to this time the City did not
actively enforce the collection and remittance of sales tax by charitable
organizations as staffing in the Sales and Use Tax program was limited.
Subsequent to the education and audit program, the City informed charitable
organizations of the need to collect and remit city sales tax on their
sales and issued them sales tax licenses. The City has currently issued
sales tax licenses to 92 charitable organizations.
Section 25-71 of the City Code defines a "charitable organization" as an
organization which, in a manner consistent with existing laws and for the
benefit of an indefinite number of persons, exclusively, freely and
voluntarily ministers to their physical, mental, or spiritual needs and
which thereby lessens the burdens of government.
In November of 1986, the City licensed the Mountain Prairie Girl Scout
Council to collect the sales tax on cookie sales but granted the Girl Scout
Council one year to comply since the 1987 cookie sale was to start in
mid -January. Both the City and the Girl` Scouts assumed the local
volunteers who run the program in Fort Co14ins had been notified of the
licensing and the one year extension. Those volunteers met the week of
December 14th to begin the 1988 cookie sale and ,were first told of the
licensing and sales tax collection at that time.
The members of the Mountain Prairie Girl Scout Council understand the
' City's desire to achieve compliance with the Sales and Use Tax Ordinance
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January 19, 1988
and tax equity among all of the individuals and organizations selling to I
the public. However, the local volunteers who administer the program still
believe the cookie sales should not be taxed.
The issue of taxing sales by charitable organizations sparked considerable
negative publicity both nationally and locally. It also elicited a
significant response from the community. Many groups and organizations
contacted City representatives urging them to review the City's enforcement
practices.
The proposed ordinance would exempt all occasional sales by charitable
organizations made for fund-raising purposes, with "occasional sales"
defined as no more than 30 days of sales in one calendar year or raising
less than $50,000 in one calendar year. The ordinance was drafted to
exempt the occasional sales of all charitable organizations and not certain
types of sales by some particular class of charitable organization.
The financial impact to the City cannot be precisely determined since the
City has just begun enforcing the sales tax on sales made by charitable
organizations. It is estimated that the 92 organizations currently
licensed will collect and remit sales tax in the amount of $10,500 to
$29,500 annually. Passage of this ordinance will exempt occasional sales
but not regular retail sales such as thrift shops.
Other Options Considered:
Staff considered a number of options and evaluated them against five
criteria: tax equity, fostering compliance with the City's sales and use
tax ordinance, maintenance of the sales and use tax revenue base, ease of
administration, political acceptability, and sensitivity to expressed
concerns regarding the taxation of sales by charitable organizations.
The following options were considered:
I. Enforce the ordinance as written.
Rejected as not being politically acceptable or sensitive to expressed
interests of charitable organizations.
2. Enforce the ordinance, but provide the Girl Scouts and other similar
organizations the option of paying use tax on the wholesale value of
the commodity (a reduction of tax liability by 75%).
Rejected by local Girl Scout, representatives because this approach
would result in a loss of funds.raised for local participants.
3. Provide a waiver of the sales tax for this year only since the local
Girl Scout service unit managers were not informed until late 1987.
This is not a permanent solution and merely defers the problem for
another year. It would also set a precedent for other organizations.
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January 19, 1988
t 4. Establish an application procedure and criteria for exempting
qualifying charitable organizations.
Rejected because of equity considerations. This would also make the
process burdensome for both the City and the charitable organizations.
5. Enforce the ordinance, but not actively for sales by civic -oriented,
charitable organizations. Encourage voluntary compliance by charitable
groups.
This may be viewed as selective enforcement and is rejected as not
equitable or consistent with guidelines for taxing other organizations.
6.
Exempt sales of food by charitable organizations.
Rejected because of potential legal problems and equity considerations.
There is a lack of public policy in exempting food sold by charitable
groups.
7.
Only exempt occasional sales by charitable organizations based on a
specific definition of 'occasional sales", based on a limitation of
total days of sale.
This exemption would not cover sales of many charitable groups who are
engaged in low -volume sales activity and would be burdened by the
potential cost of collection, reporting and remittance of sales tax
receipts.
8.
Exempt sales up to a maximum limit.
The established maximum sales limit would have to be fairly high and
also did not encompass all local groups considered charitable
organizations.
9.
Tax sales by charitable organization and place the proceeds in a
reserve account to be used for social programs thereby replacing the
lost federal revenue sharing funds.
This option meets the criteria of equity and sensitivity to the
concerns of charitable organizations but it would be difficult to
administer.
�IJ
10. (Converse of Option p9) Reduce the social services program funds by
the estimated revenue loss.
Rejected as punitive and not compatible with the views of charitable
groups. This does not meet the criteria of political acceptability."
Councilmember Stoner made a motion, seconded by Councilmember Horak, to
adopt Ordinance No. 8, 1988 on First Reading.
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January 19, 1988
Finance Director Alan Krcmarik reviewed the proposed Ordinance and
responded to questions from Council.
Sue Ferguson, Executive Director of the Mountain Prairie Girl Scout
Council, stated the Board of Directors and the local Fort Collins
volunteers are pleased with the amendment and expressed appreciation for
Council's consideration of charitable organizations.
Shari Pelton, Executive Director of Respite Care, thanked Council for
listening to the concerns of agencies such as Respite Care.
Councilmember Kirkpatrick commended staff for the thoroughness of the
agenda item summary and their analysis of the issue. She stated she would
support the amendment.
Councilmember Winokur thanked the Mayor for his prompt and diplomatic
response to this sensitive issue, and thanked the citizens for providing
timely input on the issue.
Councilmember Maxey stated he would not support the Ordinance because he
believed there were too many loopholes, making it easy to circumvent the
provisions of the exemption.
Councilmember Horak pointed out that if the provisions of the Ordinance
don't work, they can be changed. He stated the amendment is simply stated
and is least burdensome on the charitable organizations.
Mayor Estrada stated he believed Council should respond to the citizenry
and this Ordinance does that.
The vote on Councilmember Stoner's motion to adopt Ordinance No. 8, 1988 on
First Reading was as follows: Yeas: Councilmembers Estrada, Horak,
Kirkpatrick, Mabry, Stoner, and Winokur. Nays: Councilmember Maxey.
THE MOTION CARRIED.
Several girl scouts in the audience expressed their appreciation by
Presenting Council with cookies and buttons.
Resolution 88-11 Authorizing the Mayor
to Enter into an Intergovernmental
Agreement with 17 Other Governmental
Entities for the Purpose of Implementing
an Enhanced 911 Emergency Telephone
System for the City of Fort Collins
and Larimer County, Adopted as -Amended
Following is staff's memorandum on this item:
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January 19, 1988
"Financial Imoact
In this preliminary phase, there is no financial impact to the City of Fort
Collins.
Executive Summary
This resolution only authorizes the signing of an intergovernmental
agreement and does not authorize Mountain Bell to collect the additional
charge from all phone users in Fort Collins.
Over the next several months, staff will be working with the other agencies
involved in the intergovernmental agreement to "design" the E911 system and
identify the boundaries for each of the public safety answering points
(PSAP). Once the operational issues are resolved, staff will return to
Council with a proposed ordinance authorizing Mountain Bell to collect the
necessary additional charge on each monthly phone bill.
Background
The current 911 emergency system for Fort Collins and Larimer County is a
basic C911 system with very limited features.
An Enhanced 911 system is available through Mountain Bell and contains
features that automatically display the caller's address and phone number
on a screen in the Communications Center. The system
y provides backup
911
service in the event all lines are busy or equipment failure occurs.
Selective routing will predetermine which E911 center will answer the 911
call regardless of the caller's address or telephone prefix.
The present cost of the City's C911 system is $2,700 a year paid to
Mountain Bell solely from City funds. This cost only covers the cost of
the nine basic phone lines and not any of the "C" features such as forced
hold/disconnect, manual transfer, and ring back.
Mountain Bell recently announced a rate increase to cover the "C" features
on all 911 lines in its jurisdiction effective January 1, 1988. The
increase is an additional $82.00 a month per 911 line which will make the
City's yearly bill $11,556.
The cost of E911 for the configuration in Larimer County is estimated to be
approximately $700,000 initially and approximately $204,000 a year
thereafter. The funding would be obtained from all phone users in Larimer
County by way of an additional charge on their monthly phone bill not to
exceed $.50 per phone line per month - or an average of $6.00 per year.
Businesses would be billed by the number of trunk lines, not to exceed 100
- or a maximum of $600 a year. The City would no longer be solely
responsible to budget for 911 services in the northern portion of the
County. The cost would be spread among the users of the system.
Over the next several months, staff will be working with the other agencies
' involved in the intergovernmental agreement to "design" the E911 system and
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January 19, 1988
identify the boundaries for each of the public safety answering points '
(PSAP). Once the operational issues are resolved, staff will return to
Council with a proposed ordinance authorizing Mountain Bell to collect the
necessary additional charge on each monthly phone bill.
After the ordinance is in effect and the agreement signed, Mountain Bell
then begins billing the users. It takes approximately two years of billing
to collect enough funds to install the system. During this two year
period, an authority board needs to be established to supervise the system,
administer the collected funds, and be a one point contact with Mountain
Bell on administrative matters. A technical group will also need to be
established to design and coordinate the center installations and build the
geographical data base for the system. In the City's case, that data base
has already been established for the CAD system."
Councilmember Kirkpatrick made a motion, seconded by Councilmember Stoner,
to adopt Resolution 88-11.
Police Chief Bruce Glasscock gave a brief presentation on this item and
introduced John Wilding, Mountain Bell State Coordinator for Emergency
Telephone Services. Chief Glasscock, City Manager Burkett, and Mr. Wilding
responded to questions from Council.
Jack Richardson, 2912 Eagle Drive, voiced several objections to the
proposed E911 project.
Bruce Lockhart, 2500 East Harmony Road, pointed out that Fort Collins
recently spent over a million dollars for a computer aided dispatch system
'
and questioned whether the E911 system will add much benefit.
Councilmember Horak stated he would support this Resolution, but would
prefer the issue be decided by a county -wide vote.
As the second to the original motion, Councilmember Stoner suggested the
NOW, THEREFORE, paragraph of Resolution 88-11 be amended to read in part as
follows: "...for the purpose of investigating the feasibility of
implementing an Enhanced 911 Emergency Telephone System for the City of
Fort Collins and Larimer County, Colorado, subject to final adoption of an
ordinance authorizing Mountain Bell to collect the necessary additional
charge on each monthly phone bill in the city of Fort Collins".
Councilmember Kirkpatrick accepted the amendment as friendly to her
original motion.
Councilmember Horak pointed out that the E911 system cannot be implemented
until adoption of an ordinance by Council, or a vote of the people,
authorizing the collection of money.
The vote on Councilmember Kirkpatrick's motion to adopt Resolution 88-11 as
amended was as follows: Yeas: Councilmembers Estrada,tHorak, Kirkpatrick,
Mabry, Maxey, Stoner, and Winokur. Nays: None.
'
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January 19, 1988
I
THE MOTION CARRIED.
Resolution 88-15 Authorizing Staff to
Proceed with an Eminent Domain Action
Involving the Park South Development
for the Construction of Certain Public
Improvements Involving Storm Drainage Adopted
Following is staff's memorandum on this item:
"Executive Summary
This Resolution would authorize iegal staff to use, if necessary, the
City's eminent domain powers to acquire an easement in a section of the
Park South Development for the purpose of conveying offsite storm drainage
waters from the Four Seasons Development. Staff believes the action is
necessary in order to alleviate a drainage problem that adversely affects
the public interest. The drainage problem is presently the subject of
pending litigation between Four Seasons and Park South. However, staff
believes this litigation may take an extended period of time and it is
necessary to resolve the drainage situation so that portion of the City's
drainage system is fully operational. The eminent domain proceedings would
only be used if our continued negotiations with the Park South owners fail.
Background
The Four Seasons and Park South Developments are adjacent to one another,
with Four Seasons being west and upstream of Park South. The Four Seasons
5th Filing is being undertaken by Brown Farm Joint Venture and includes a
detention pond with a drainage pipe as an outlet discharging onto Tract G
of Park South PUD (see attached map). The detention pond and outlet had
been built and functioning as designed and were approved by the City.
Included with the approval of Four Seasons 5th Filing, the development
agreement between Brown Farm Joint Venture and the City included language
indemnifying the City if the exercise of drainage rights within Park South
resulted in injury or damages. Litigation is in the courts between Brown
Farm Joint Venture and Middel Enterprises, owner of Park South, over these
drainage rights. The case is set for trial in February of this year,
although the City, which has recently been permitted to intervene, has
moved for a continuance. The owners of the Park South properties are
objecting to the use of their property for any drainage which would-
exceed
historic flows, claiming that the language on the County Plat for Park
South which had purportedly dedicated -the drainage easement was not
effective for that purpose, and a private.,easement: agreement regarding the
drainageway was also unenforceable.
In June of last year, because of their objections, the owners of Park South
plugged the outlet from the detention pond that had been constructed with
the Four Seasons 5th Filing. The outlet pipe does extend onto the Park
South property. City crews, responding to citizen complaints that the pond
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January 19, 1988
was not draining properly, partially unplugged the outlet pipe to try to '
accommodate the anticipated precipitation and resulting stormwater runoff.
The owners of Park South then filed a civil action against Brown Farm Joint
Venture and were successful in obtaining an injunction to at least
temporarily prevent Four Seasons' use of the drainage easement, pending the
final outcome of the suit. No settlement of that suit seems likely.
Currently, the pond outlet remains partially plugged, with the remaining
waters that don't readily flow from the pond being removed by pumping.
Staff believes that the blockage of the detention pond outlet, and the
inability to properly drain the pond as designed, create a health and
safety hazard to adjoining property owners. Homes in which children reside
are immediately adjacent to the pond. The pond often has waters ponding
longer than designed or stagnant water in the pond bottom, because the
pumping will not pump the pond entirely dry or has to be operated manually.
Because of the concerns created by the standing water and the pond not
functioning as designed, staff believes that there is a bona fide public
interest in getting the pond to drain adequately. Waiting for resolution
of the issue through the courts may take an extended period of time and
staff believes the pond should be functioning before the spring rains
return. Once this has been accomplished, the courts could then be allowed
at their own pace to litigate the objections to the drainage easement and
ensure that the property owners are fairly compensated.
Summary
If Council concurs, the eminent domain action would allow the City to open
the detention outlet
pond and let the drainage function as originally
designed and approved by the City. The civil litigation would then settle
the question of fair compensation between Park South and Four Seasons. Any
expenses incurred by the City in the eminent domain action will be
reimbursed by Four Seasons or Brown Farm Joint Venture."
Councilmember Stoner made a motion, seconded by Councilmember Kirkpatrick,
to adopt Resolution 88-15.
Stormwater Utility Manager Bob Smith reviewed the background of this issue
and explained the staff recommendation to pursue eminent domain action. He
answered questions from Council.
Stuart Olive, 19 Old Town Square, attorney representing Four Seasons
homeowners, stated the homeowners
concur with the granting of the easement.
He cited health and safety problems associated with the pond, and
introduced the president of the Homeowners Association;• Hub Wubena.
Hub Wubena, 4013 Granite Court, president of the Four Seasons Homeowners
Association, detailed the impact the lack
of drainage of the pond has had
on Four Seasons homeowners.
Dan Haferman, 3904 Benthaven, spoke of drainage problems during past storms
and expressed concern that problems will continue unless the pond is
allowed to drain
'
normally.
0511
January 19, 1988
John Serbia, 3918 Benthaven, spoke of water damage to his basement because
the pond does not drain properly, and the health and safety hazard to his
children.
Doug Konkel, attorney representing Park South, urged Council not to
authorize eminent domain proceedings. He gave a history of the development
of Four Seasons, the placement of the detention pond, and the legal
proceedings pending between the parties involved. He stated he believed
the developer of Four Seasons should be required to fix the pond or
negotiate the acquisition of the easement.
Wallace Prugh, attorney representing Brown Farms Joint Venture (Four
Seasons), responded to several comments made by Mr. Konkel and maintained
the position that the physical problem should be solved and that the
homeowners should not be held hostage to a dispute between the litigants.
He and Mr. Konkel responded to questions from Council.
Ron Quinn, 3824 Benthaven, asked Council to consider the situation the
homeowners are in.
Mr. Olive stressed the need for quick relief to the problem before the
spring rains begin.
Staff members responded to additional questions from Council.
Councilmember Stoner stated rather than placcing blame in this situation,
Council must look at the public good and the preservation of property,
health, and safety. He stated he would support eminent domain proceedings
and believed the courts will compensate Park South.
Councilmember Mabry stated he would support the Resolution, but asked
Council to make a motion that would direct that in addition to a letter of
credit from the developer to back up their indemnity pledge, a mortgage be
taken out by the City on the balance of the undeveloped land in the Four
Seasons subdivision now owned by the developer in question as further and
additional collateral to cover possibly significant damages resulting from
the litigation.
Councilmember Kirkpatrick stated she would support the Resolution because
it was in the best interests of the citizens in the immediate vicinity of
this area.
Councilmember Winokur concurred with the comments of other Councilmembers,
noting the issue at hand was whether the,public.health and safety was at
risk. He stated he was convinced it was; and would therefore support the
Resolution.
Councilmember Maxey made a motion, seconded by Councilmember Stoner, to
amend Resolution 88-15 to change the drainage easement from 30 feet to to
feet, with all appropriate changes to the legal description.
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January 19, 1988
Councilmember Maxey stated he was concerned about an open swail and the I
health and safety problems associated with it. He added he did not want to
condemn more property than necessary for drainage purposes.
Assistant City Attorney Steve Roy stated two directives were at hand
-minimize costs and take as little ground as possible. He stated he needed
the latitude to continue to try to balance those two directives. He
pointed out that for the purposed of continuing negotiations and in order
to have the latitude to proceed in the way that Engineering staff
eventually decides is most cost effective and most fair, the City can
condemn less property than is authorized, but cannot condemn more. He
asked Council to give staff the needed latitude by authorizing condemnation
of 30 feet if necessary.
Councilmembers Maxey and Stoner withdrew their motion to amend Resolution
88-15.
Mayor Estrada agreed the issue was the health and safety hazard, and stated
he would support the condemnation proceedings.
The vote on Councilmember Stoner's motion to adopt Resolution 88-15 was as
follows: Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Mabry, Maxey,
Stoner, and Winokur. Nays: None.
THE MOTION CARRIED.
Councilmember Mabry made a motion, seconded by Councilmember Horak, to
direct the staff to ask the developer, as additional security for the
developer's pledge to indemnify the City, to give to the City a lien on the
balance of the property in the subdivision with release provisions that are
adequate and satisfactory to the staff; and if that request is refused, the
City Attorney communicate to the developer that no additional building
permits will be issued until the question of total cost is finally
determined by the courts and that such communication be placed of record on
the properties involved.
Wallace Prugh expressed concern that putting restrictions of record on the
building permits may too drastically restrict his clients' ability to
develop.
Doug Konkel stated a letter of•'credit for, $42,000 was inadequate.
Councilmember Mabry clarified his motion by stating if the developer
voluntarily agrees to the lien provisions, then those lien provisions can
have release provisions included within them that are adequate and
satisfactory to the staff.
Councilmember Horak stated he believed Councilmember Mabry's motion was
way to insure that taxpayers don't lose money because of this problem.
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January 19, 1988
' Mayor Estrada stated he would support the motion, noting it does not alter
the original motion to adopt the Resolution authorizing eminent domain
proceedings.
The vote on Councilmember Mabry's motion was as follows: Yeas:
Councilmembers Estrada, Horak, Kirkpatrick, Mabry, Maxey, Stoner, and
Winokur. Nays: None.
THE MOTION CARRIED.
Public Hearing and Resolution 88-16
Amending the City's Fiscal Year 1987-88
Community Development Block Grant Program
Following is staff's memorandum on this item:
"Executive Summary
This Resolution will amend City Council Resolution 87-97 by changing the
allocation of $50,000 for the purpose of acquisition of land for an
emergency shelter, to the payment of City Development Fees required due to
the construction of a new emergency shelter.
Background
On July 7, 1987, the City Council adopted Resolution 87-97, which
established a listing of programs and projects to be funded during the
City's Fiscal Year 1987-88 Community Development Block Grant Program. One
of the approved projects was an allocation of $50,000 to the City of Fort
Collins to assist an agency in the acquisition of land for an emergency
shelter.
On November 9, 1987, the City received a letter from Catholic Community
Services Northern requesting that funds initially earmarked for land
acquisition be used for site development associated with the construction
of a new emergency shelter. Staff has been in discussions for the past
several months over the new proposal. Because of constraints on the use of
CDBG funds, staff believes the funds should be used to pay the required
development fees. Catholic Community Services Northern concurs with this
approach.
Staff has reviewed the request and feels it is consistent with the initial
Purpose of allocation of funds for an emergency shelter. Staff recommends
adoption of the Resolution. The CDBG Citizens Steering Committee has also
reviewed and discussed the request and recommends approval of the
amendment.
Catholic Community Services Northern, has started the development review
process to gain City approval to construct a new emergency shelter on
' Buckingham Street. A neighborhood meeting of surrounding property owners
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January 19, 1988
and residents. will be held on January 21 at 7:00 p.m. in the conference
room of the LCSI building. The official development plan is expected to be
submitted on February 5, 1988."
Councilmember Maxey made a motion, seconded by Councilmember Mabry, to
adopt Resolution 88-16 with the addition of the following paragraph:
BE IT FURTHER RESOLVED that any unused portion of said funds
shall be returned to the Community Development Block Grant
Program for future reallocation by the City Council.
Chief Planner Ken Waido explained the request to reallocate these funds and
answered questions from Council.
John Dengler, John Dengler and Associates, architect and planners for
Catholic Community Services Northern, stated Catholic Community Services
would like an assurance that they could retain the unused portion of the
funds allocated for development fees for other uses.
Bill Starke, owner of the Northern Hotel, pointed out the Northern Hotel
has space available for indigent housing.
Brian Soukup, Catholic Community Services Northern, stated he appreciated
Mr. Starke's proposal, but asked Council to focus its attention on the
package presented by Catholic Community Services.
Councilmember Horak suggested the Resolution be amended in the fourth
Whereas clause to replace the words "specifically to pay" with the words
"including the payment of"; and in the resolving clause to replace the word
"specifically" with the word "including".
Councilmembers Maxey and Mabry accepted the amendment as friendly to their
original motion.
Councilmember Kirkpatrick stated Mr. Starke's suggestion was interesting,
but noted the purpose of this particular item was not to design a housing
program for the homeless.
Councilmember Horak stated he supported the Resolution, but pointed out
approval of this Resolution was not necessarily approval of any site or
location, or specific project.
Mayor Estrada stated the Resolution under- consideration makes available
some funding to accomplish the overall' purpose.of?'providing shelter to the
homeless.
The vote on Councilmember Maxey's motion to adopt
amended was as follows: Yeas: Councilmembers:Estrada,
Mabry, Maxey, Stoner, and Winokur. Nays: None.
THE MOTION CARRIED.
Resolution 88-16 as
Horak, Kirkpatrick,
11
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January 19, 1988
Ordinance No. 12, 1988, Appropriating
Prior Year Reserves in the General
Fund and Authorizing the Transfer
of Appropriated Amounts to the
Transportation Services Fund and
Cultural Services and Facilities
Fund. Adopted as Amended on First Reading
Following is staff's memorandum on this item:
"Financial Impact
This Ordinance appropriates $98,330 of prior year Lodging Tax receipts from
the Maintenance/Mitigation/Improvement account. This action authorizes the
use of all accumulated reserves in this account, under the guidelines
established in Ordinance No. 32, 1987.
Executive Summary
During preparation of the 1988 Budget, staff presented City Council with
several options for the use of prior year funds from the Maintenance/
Mitigation/Improvement account. A consensus was reached on the proposed
funding of street signage improvements. However, at that time Council
directed staff to further analyze potential uses for these funds. It is
proposed that funding include items #2 and #3 described below:
1. Street Signage Improvements - $35,000
2. Unidentified Special Event's Projects - $19,330
3. Lincoln Center Projects - $44,000
- Carpet Replacement
- Chair Recovering"
Councilmember Kirkpatrick made a motion, seconded by Councilmember Maxey,
to adopt Ordinance No. 12, 1988 on First Reading.
Deputy City Manager Skip Noe gave a brief presentation on this item and
responded to questions from Council.
Councilmember Maxey expressed concern about diminishing this account at a
rapid pace. He stated the money should be spent to maintain and mitigate
those things that are mostly affected by tourists and not by the local
community.
Councilmember Maxey made a motion, seconded by Councilmember Horak, to
amend Ordinance No. 12, 1988 by deleting Section lc and Section 3, and
reducing the amount of the' appropriation by $44,000.
' Councilmember Horak stated he thought the $44,000 should remain unused at
this time. He pointed out the Ordinance which created the lodging tax
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January 19, 1988
called for studying and reducing the impact of tourist activities upon the I
facilities and infrastructure of the City.
Councilmember Stoner stated tourists do use the Lincoln Center and create
an impact to some extent on that facility.
Mayor Estrada stated he did not feel carpeting and chair recovering fit the
guidelines. He thought remodeling of the box office might be a better use
of those funds.
Councilmember Kirkpatrick stated she saw a direct relationship between 10
years of tourist use and $4,000 worth of chair recovering. She stated she
would like to retain the $4,000 for chair recovering.
Mayor Estrada supported the proposed amendment, noting the fund was not
established to facilitate ongoing maintenance of City facilities.
The vote on Councilmember Maxey's motion to amend Ordinance No. 12, 1988
was as follows: Yeas: Councilmembers Estrada, Horak, Maxey, and Winokur.
Nays: Councilmembers Kirkpatrick, Mabry, and Stoner.
THE MOTION CARRIED.
The vote on Councilmember Kirkpatrick's motion to adopt Ordinance No. 12,
1988 as amended on First Reading was as follows: Yeas: Councilmembers
Estrada, Horak, Kirkpatrick, Mabry, Maxey, and Stoner. Nays:
Councilmember Winokur.
THE MOTION CARRIED.
Other Business
Resolution 88-17 Authorizing the
Purchasing Agent to Issue a Request
for Proposals for an Independent
Review of the City's Special Improvement
District Policies and Procedures Adopted
Following is staff's memorandum on this item:
"Financial%Impact
The fee for theseprofessional services will be paid from the City
Manager's contingency. -fund and will not impact vital City services.
Executive Summary
On January 5 the Council discussed a resolution that would have awarded a
contract for the independent review of the City's special improvement
district (SID) policies and procedures to Allen, Gibbs & Houl.ik of Wichita, '
Kansas. The Council did not adopt the resolution and instructed staff to
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January 19, 1988
review the scope of work and determine the time involved in drafting and
issuing a Request for Proposals for this SID review. Staff met with the
Council Finance Committee on Thursday, January 14 and developed the
Resolution and Scope of Services that comprise this agenda item.
Background
On December'15, 1987, the City Council drafted a schedule for the review of
the City's SID policies. The Council also requested that the City's
independent auditors, Peat, Marwick, Main & Co., review the current SID
policies, the staff SID Report, and the concerns of the development
community and provide the Council with its findings and conclusions. The
Council felt that, by using the City's independent auditor, the problem of
expending time familiarizing a consultant with the programs and procedures
of the City could be eliminated and the timetable set by the Council could
be met. Peat, Marwick, Main & Co. declined to accept this project because
the firm also represents members of the local development community which
might give the appearance that the firm is not independent.
City staff then contacted Mr. Mark Dick of Allen, Gibbs & Houlik of
Wichita, Kansas because Mr. Dick had prior experience with the City when
Main, Hurdman held the City's audit engagement. His experience also
included twenty years in governmental accounting, auditing and financial
reporting. The proposed fee for his services was $20,000 plus
out-of-pocket expenses, for a total not to exceed $25,000.
' The Council did not adopt the resolution granting a contract to Mr. Dick.
Discussion of the item revealed some concern that the City did not use the
Request for Proposals (RFP) process. Council directed staff to review the
proposed Scope of Services for this project and present further information
about the use of the RFP process and its impact on the proposed timetable.
The Council Finance Committee met with staff on Thursday, January 14 and
concluded that the RFP process should be used. The process will take a
minimum of four weeks from the time of mailing. The bid request mailing
will include accountants, financial advisors, management consultants, and
underwriters. The Executive Director of the Colorado Municipal League has
provided staff with a list of professionals located in Colorado who have
the type of experience needed to perform the proposed Scope of Services.
These names will be included in the invitation to bid list.
If Council adopts the proposed Resolution, the Purchasing Agent will be
authorized to begin the RFP process and secure bids for the independent
audit of the City's current SID policies and procedures. The Council
Finance Committee will interview the' top candidates and make the final
recommendation to the Council awarding the contract::"
Councilmember Horak stated the Finance Committee met with staff last week
to discuss obtaining an independent reviewof the City's special
improvement district policies and procedures. He summarized the issues
' discussed by the Committee and the rationale behind the proposal before
Council at this time.
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January 19, 1988
Councilmember Horak made a motion, seconded by Councilmember Winokur, to
adopt Resolution 88-17.
Councilmember Kirkpatrick stated although the timeframe for reviewing the
SID policies has lenghthened, the magnitude of the policies and the
longevity of any decisions warrant more time. She thanked the Finance
Committee for refining the Scope of Work and stated she would support the
Resolution.
Councilmember Mabry stated he thought the proposed Resolution and Scope of
Services were well written.
Mayor Estrada stated he believed this Request for Proposals was a good way
to get the best value possible for the City.
The vote on Councilmember Horak's motion to adopt Resolution 88-17 was as
follows: Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Mabry, Maxey,
Stoner, and Winokur. Nays: None.
THE MOTION CARRIED.
Councilmember Maxey thanked the Mayor for participating in the Loveland
Civic Center dedication ceremonies.
Adjournment
Councilmember Stoner made a motion, seconded by Councilmember Horak, to
adjourn the meeting to 7:00 p.m. on January 26. Yeas: Councilmembers
Estrada, Horak, Kirkpatrick, Mabry, Maxey, Stoner, and Winokur. Nays:
None.
The meeting adjourned at 10:45 p.m.
Mayor
ATTEST:
Cify Clerk
19IsI10