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HomeMy WebLinkAboutMINUTES-04/03/1990-RegularApril 3, 1990 ' 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, April 3, 1990, 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: Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey, and Winokur. Staff Members Present: Burkett, Krajicek, Roy Council Organizational Meetin Mayor Winokur described the annual process outlined in the City Charter. requiring Council to elect a new mayor and assistant mayor and expressed appreciation to Council for electing him as Mayor. He expressed appreciation to Assistant Mayor Mabry and to the citizens of Fort Collins for their input during his service as Mayor. He thanked his wife and sons for their support, guidance, assistance, and encouragement during his term ' as Mayor. Mayor Winokur stated the process would begin with nominations and comments from Council and noted Council would have the opportunity for questions, discussion, and citizen participation. He explained that if more than one individual was nominated for office there would be a straw poll where Councilmembers would designate their office preference. He added that the Councilmember who receives the majority of the preference votes will be formally nominated. Councilmember Horak made a motion, seconded by Councilmember Azari, nominating Susan Kirkpatrick for the office of Mayor. Councilmember Edwards made a motion, seconded by Councilmember Maxey, nominating Chuck Mabry for the office of Mayor. Councilmember Horak stated his reasons for nominating Councilmember Kirkpatrick for the office of Mayor included her leadership abilities and honesty and noted the importance of honesty in the mayor's position. He noted his confidence in Councilmember Kirkpatrick's ability to handle the tough decisions. Councilmember Azari stated she believed Councilmember Kirkpatrick was a hard worker and commented on her position as Chairperson of the Health and Safety Committee. She added that Councilmember Kirkpatrick is sensitive to I the needs of staff and Council and spoke of her confidence in Councilmember M711i11 April 3, 1990 Kirkpatricks' ability to serve Council along with contributing to the outreach process to the citizens of Fort Collins. She stated Councilmember Kirkpatrick would make a positive contribution to the leadership of Fort Collins. Councilmember Edwards commented on Councilmember Mabry's qualifications and stated he has made a positive contribution to the framework to Council. He mentioned Councilmember Mabry's roll in the leadership team during Council's retreat and noted how well Councilmember Mabry relinquished his policy agenda items in order to accomplish a better policy agenda for the entire Council. He stated Councilmember Mabry's experience in both the private and public sector enhanced his qualifications to serve as Mayor. Mayor Winokur stated that the two Councilmembers nominated for the office of Mayor were extremely qualified and capable and noted the importance of the leadership style accomplishing the Council agenda. City Clerk Krajicek polled each of the Councilmembers for their preference for the position of Mayor: Councilmember Maxey - Mabry Councilmember Edwards - Mabry Councilmember Mabry - Mabry Mayor Winokur - Kirkpatrick Councilmember'Azari - Kirkpatrick Councilmember Kirkpatrick - Kirkpatrick Councilmember Horak - Kirkpatrick Mayor Winokur stated that Councilmember Kirkpatrick received the majority of roll call votes for the position of Mayor. Councilmember Horak made a motion, seconded by Councilmember Azari, nominating Susan Kirkpatrick to serve as Mayor for the City of Fort Collins. Yeas: Councilmembers Azari, Horak, Kirkpatrick, Maxey, and Winokur. Nays: Councilmembers Edwards and Mabry. THE MOTION CARRIED. City Clerk Krajicek administered the Oath of Office to Mayor Elect Kirkpatrick. Councilmember Winokur turned the meeting over to Mayor Kirkpatrick. Mayor Kirkpatrick stated the emphasis upon Council during the next year will be service to assist with the planning of formal meetings and work sessions to help Council maximize its capability. She stated her fellow Councilmembers are exceptionally talented and that her job as Mayor would be to ensure all Councilmembers share equally in the information to make good decisions. She stated she looked forward to working with staff and expressed appreciation to her family and friends for their'support. -851- April 3, 1990 Councilmember Winokur made a motion, seconded by Councilmember Horak, nominating Ann Azari for the office of Assistant Mayor. Councilmember Mabry made a motion, seconded by Councilmember Edwards, nominating Loren Maxey for the office of Assistant Mayor. Councilmember Winokur stated he was impressed by Councilmember Azari's dedication, hard work, clear thinking, sense of community and stated he believed Councilmember Azari is open, honest, interested, and concerned. He stated that Councilmember Azari showed respect and understanding for different points of view and stated Councilmember Azari would provide effective balance within the internal composition of Council. He added that Councilmember Azari would compliment the abilities of Mayor Kirkpatrick. Councilmember Mabry stated he was pleased to nominate Councilmember Maxey for Assistant Mayor. He stated Councilmember Maxey would lend balance and experience to the leadership team and noted Councilmember Maxey's commitment to serve as Assistant Mayor. Councilmember Edwards noted the positions of Mayor and Assistant Mayor were designed to lead Council and to serve the community. He stated that Councilmember Maxey had the ability to look critically at each issue in order to provide the best leadership. ' City Clerk Krajicek polled each of the Councilmembers for their preference for the position of Assistant Mayor: Councilmember Mabry - Maxey Mayor Kirkpatrick - Azari Councilmember Azari - Azari Councilmember Winokur - Azari Councilmember Horak - Azari Councilmember Maxey - Maxey Councilmember Edwards - Maxey Mayor Kirkpatrick stated that Councilmember Azari received the majority of roll call votes for the position of Assistant Mayor. Councilmember Winokur made a motion, seconded by Councilmember Horak, nominating Ann Azari to serve as Assistant Mayor for the City of Fort Collins. Yeas: Councilmembers Azari, Horak, Kirkpatrick, Maxey, and Winokur. Nays: Councilmembers Edwards and Mabry. THE MOTION CARRIED. City Clerk Krajicek administered the Oath of Office to Assistant Mayor Elect Azari. I Councilmember Azari stated she was looking forward to assisting Council in its continuing efforts to serve the citizens of Fort Collins. She noted -852- April 3, 1990 the importance of improved internal and external communication and stressed the need to facilitate inter -action among Council. Councilmember Winokur commented on the positive changes within Council and spoke about the open nominations. He stated he believed that a great deal of progress had been made regarding open government and encouraged continued progress. He expressed appreciation and support to Mayor Kirkpatrick, Assistant Mayor Azari and to Councilmembers Mabry and Maxey for their interest and desire to be candidates. Councilmember Azari commented on the governance issues and commended the retiring team of leaders for their excellent leadership abilities. ra Operators Week was ac Citizen Participation ez and Lorie Digiliani. Proclamation Naming April 20 as Arbor Day was accepted by Scott Alyn and Greg Long. Presentation of Tree City U.S.A. Award was presented to the City by Jim Hubbard. D. Proclamation Naming Debra Sue Bruce as Young Mother of the Year was accepted by Debra Sue Bruce. Proclamation Naming JoAnn Kesler as Mother of the Year was accepted by JoAnn Kesler. F. Presentation of "Excellence in Financial Management" Award for City's CDBG Program was presented to Carl McWilliams, Vice Chair, Community Development Block Grant Steering Committee by Ken Waido. 1. Lauri Pointer, former exercise instructor at New Creations, stated she believed that New Creations was not discriminating against men and added that the club specialized in women's fitness needs. She stated there was a need for an all womens health club in the community and stressed the importance of exercise and proper nutrition for women. City Attorney Roy described the New Creations situation which' centered around an ordinance which referred to various discriminatory practices and stated the City Code contained the definition of discriminatory practices. He noted that the process that the complainant follows is outlined in the Code and added that once the complaint is filed, the responsibility of the City Manager is to screen the complaint for the sufficiency of probable cause. He added it is the City Manager's responsibility to negotiate a conciliation agreement and noted the purpose of the conciliation agreement is to determine if the parties can reconcile the alleged violation. He stated that in the case of New Creations a reconciliation did not occur and added that the complaint was filed in Municipal Court. He stated the -853- April 3, 1990 ' matter was pending for arraignment on April 12 and stated that a trial date would be set by court. 2. Katrina Aly, related a personal experience regarding weight loss and stated she believed New Creations was not disriminating against men. She added that the club assisted women who felt discriminated against due to being over weight. 3. Kathy Fromme, 1308 Hepplewhite Court, spoke in favor of New Creations as a health club for women and stated that if New Creations closed, she would not join a different health club. She noted that New Creations emphasizes women's issues associated with prenatal care, single parenting, assertiveness training, and financial planning and the club promoted positive mental and physical well-being for women. She encouraged Council to ensure that the women of Fort Collins continue to have the choice of the type of environment in which to exercise. ' 4. Kathy Lorson-Evans, former Assistant Manager at. New Creations, spoke regarding the different physiological needs women have and related statistics from Crossroads regarding abuse of women. She spoke of harassment at coed health facilities and stated that an all -women exercise facility may be the only alternative for women to avoid abuse and harassment. She stated that New Creations serves women of different religions and cultural backgrounds and added these women are not allowed to exercise in the presence of men. She stated she believed that if the City ' Attorney's Office had discussed the problem with the New Creations staff, the issue could have been resolved. She noted the high number of calls New Creations received from citizens who support the idea of an all -women exercise facility. 5. Bobbie Regan, New Creations club member, spoke in support of New Creations leadership which provided the opportunity to exercise among friends in a comfortable atmosphere and appealed to Council to reconsider the issue. 6. Clarence Newcomb, Weld County Road 80, New Creations Corporations President, spoke regarding the letter from the Human Relations Commission and noted the two options the club had were to allow men to become members (in an all womens club) or close the club. He stated the club is designed to provide for the needs women and stated that when the decision was made to close the club, many calls and letters were received in support of keeping the club open. He stated he believed the club had been discriminated against and asked Council for its support. He asked Council to support the facility as an all womens club and asked Council to review and rewrite the discrimination ordinance. He stated the ordinance is written in a way that it removes the rights of privacy from the women of Fort Collins and added that the ordinance does not comply with the state and federal ordinances. He read from a 1988 state law. .."notwithstanding any other provisions of this section it is not a discriminatory practice ' for'a person to restrict admission to a place of public accommodations to individuals of one sex. If such restriction has a bona fide relationship to the goods, service„ facilities, privileges, advantages, or -854- April 3, 1990 accommodations of such place of public accommodations". He stated he ' believed that compared to the state law, the City ordinance is unconstitutional and stated there are six all women health clubs in Denver. He added the clubs are operating uncontested and noted the all women health clubs in Colorado Springs, Chicago, and on the east coast. He asked why New Creations was being outlawed in Fort Collins. 7. Harriet Snyder, 3330 Pepperwood Lane,, former New Creations member, spoke in support of the facility and stated she believed that the letter of the law was offending the intent of the law. She stated that New Creations should be allowed to exist in Fort Collins as an all women health club. 8. Pamela Dahl, certified fitness instructor at New Creations, stated the ordinance restricted the advertising -and function of New Creations and spoke regarding the privacy of breast examination. She appealed to Council to take action that will allow an all women health club to exist in Fort Collins. 9. Carol Plock, Executive Director Women's Center, stated the Women's Center was a non-profit human service agency and described how New Creations benefited members and the entire Fort Collins community. She stated the Women's Center assists with locating child care, locating employment, and health care for low income citizens, and reminded Council that New Creations is a good community citizen. She stated that for the past two years New Creations sponsored the aerobathon as the Women's Center's annual major fund raising event including doing ninety-five ' percent of the work involved in putting on the event. She stated the community will experience a great loss should New Creations close. 10. Roy Vratil, 1401 Shamrock, expressed disappointment regarding the City ordinance and spoke in support of women having the opportunity to exercise in an all female atmosphere. 11. Carmel Solano, 2200 Berkshire Drive, spoke regarding discrimination and civil rights and noted the importance of upholding the law. 12. Larry Johnston, 2707 Silver Creek Drive, stated his wife was a member of New Creations and spoke of her medical condition which requires exercise. He stated he believed the complaint was reverse discrimination against the members of New Creations and stated the club members have the right to exercise in a manner that preserves their modesty. He stated he would not support integration of males in the; aerobic classes and stated that Mr. Francis should resign from the Human' Relations Commission. 13. Barry Feldman, 1709 Lindenwood Drive, Executive Director, Options of Northern Colorado, spoke regarding discrimination against men and noted the inconsistencies of discrimination in Larimer County. Councilmember Maxey expressed appreciation for the letters and phone calls received regarding New Creations. I -855- April 3, 1990 ' Councilmember Horak stated that the situation was regrettable and noted that the law was adopted more than 10 years ago. He stated that the complaint process was out of staff's control and stated that the law is clear on how the process should proceed. He stated he believed the City of Fort Collins did not direct New Creations to close or threaten to close New Creations. Councilmember Edwards commented on the issue of discrimination with respect the law on the books and added the potential existed to change that law. He stated it is a difficult issue, but can be solved and added that constructive steps should be taken to resolve the issue. Councilmember Winokur stated that staff did its job as it was directed and noted the importance of the discrimination laws. He stated that discrimination is wrong and noted the basic idea of the City's discrimination law is sound. He stated the methods of implementation should be reviewed and stated that under Other Business he would comment on directing the City Attorney to fine tune the discrimination ordinance and to review the options regarding the complaint process. Councilmember Azari commented on discrimination victims in past years and noted legislation updates. She encouraged Council to review the City's discrimination ordinance. Agenda Review: City Manager City Manager Burkett noted there were two new resolutions for Item #23, Resolution 90-48 Authorizing a Waiver of the Public Street Capacity Requirement, the Public Sewer Capacity Requirement and the Requirement for Contiguity to Existing Development for the High View Subdivision. He requested that Item #15,Reso7ution 90-44 Approving a Cash Management and Investment Policy and Authorizing the Financial Officer to Administer the Policy, be withdrawn from the Consent Agenda. 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 Conseni. 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 #20, Pulled Consent Items. 11 7. Consider approval of the minutes of the'special meeting of March 13. April 3, 1990 This Ordinance was unanimously adopted on First Reading on March 13. ' During the 1990 budget session, funds were approved to conduct a feasibility study for a new performing arts facility. In 1988, citizen committees looked at future City capital facilities needs. One such facility need was a complex to house a 500 seat mini -theatre, a 2,500 seat performing arts theatre and a 3,500 seat outdoor amphitheatre. This was not included in the approved Choices '95 budget because further study was deemed necessary before possible funding was recommended. The funds for the study, $40,000, were placed in the Lincoln Center's budget. The study is considered to be a capital project and should have been placed in the Capital Projects Fund. This transfer will allow for proper accounting, project management, and project tracking. The schedule for the feasibility study shows the project being complete in November 1990. This Ordinance was unanimously adopted on First Reading on March 20. Adoption of the Consent Calendar will adopt Ordinance 21, 1990 as amended on Second Reading. ' Under the current provisions of the City Code, City Council cannot approve the City's conveyance or sale of real property unless the Council first finds by resolution that the real property is not used, intended to be used or secured for a "municipal purpose," and that the sale is in the best interests of the City. Because Colorado case law broadly defines what is considered a "municipal purpose," there could be many circumstances in which it would be in the best interests of the City to sell or dispose of certain real property, but it cannot be done because the Council cannot find that the real property is no longer used, intended to be used or secured for a "municipal purpose." Therefore, staff believes that the proposed additions and amendments to the Code are necessary to give Council greater flexibility in making decisions about selling the City's real property. A revision to Section 23-111 has been proposed on Second Reading of this Ordinance which would apply to the sale of any certificates of purchases which have been received by the City from the County Treasurer's sale of properties in special improvement districts. The revised language would require that, when any such certificate of purchase is to be sold for less than its full face value, together with all accrued interest and penalties, notice would be given to all parties having an interest in the underlying property or in the proceeds of the sale of the certificate of purchase. -857- April 3, 1990 ' 9. Second Reading of Ordinance No. 23, 1990, Amending Chapter 2, Division 3 of the Code Relating to Appeals Procedure. During the course of recent appeals to City Council, certain questions have arisen with regard to the appeals procedure. This Ordinance, which was unanimously adopted on First Reading on March 13, would have the following effects: (1) Councilmembers would be authorized to review the decisions of boards and commissions on their own initiative without having to allege error or refrain from participating in Council deliberations regarding the appeal; (2) Council could remand a matter for a rehearing, whenever it finds that the appellant did not initially receive a fair hearing before the board or commission; (3) The record on appeal would be expanded to include the videotape of the proceedings before the board or commission, if available; (4) The cost of filing an appeal would be increased from $75 to $100; (5) The date of Council's "final action" on the appeal would become the date that Council adopts formal findings in support of its ' decision; and (6) The date upon which notice of any defect in the appeal must be mailed by the City Clerk would be clarified. 10. Second Reading of Ordinance No. 24, 1990, Amending Chapter 2 of the Code Relating to the Membership of the Commission on the Status of Women. In 1987, the City Council adopted Ordinance No. 27, 1987, which increased the membership of the Commission on the Status of Women from 7 members plus 2 alternates to 11 members plus 2 alternates and provided that the Commission would return to its original composition of 7 members plus 2 alternates on July 1, 1990. Ordinance No. 27, 1987 also provided that the Council may consider a request by the Commission that the increased size be extended beyond July 1, 1990. On January 22, 1990, the Commission submitted a formal request that the increased membership continue. Councilmember Kirkpatrick, as liaison to the Commission, supports the Commission's request and is recommending that the Council permanently increase the size of the Commission to 13 regular members with no alternates. This Ordinance, which was unanimously adopted on First Reading on March 13, will increase the membership of'the Commission on the Status ' of Women to 13 regular members. The terms of office for the April 3, 1990 12. Commission will be adjusted during the annual appointment process in I order to achieve overlapping tenure. This ordinance, which was unanimously adopted on First Reading on March 13, increases the cash rate charged developers for satisfaction of raw water requirements from $900 to $1,100 per acre foot. The cash rate is adjusted periodically to reflect the current price of raw water. Developers have the option of turning in water rights or cash when satisfying the City's raw water requirements. The cash rate, in -lieu -of water rights, is periodically adjusted to reflect the market price of water rights in this area. The price of Colorado -Big Thompson units normally sets the trend in prices. The last adjustment in the City's in -lieu -of rate was in June, 1989 when it was adjusted from $800 to $900 per acre foot. Since that time, the prices have gradually increased and the price of CBT water is now approximately $1,100 per unit. The Code provides that nonresidential customers shall pay a surcharge on any amount of water used in excess of their annual allotment. This charge is based on the in -lieu -of cash rate and needs to be increased accordingly from $.42 to $.52 per one thousand gallons. This Ordinance was unanimously adopted on First Reading on March 20. Within the past several months the Water Utility has received requests for financial assistance from customers who wish to use raw water for irrigation. At current water rates, it costs from $800 to $900 per year to irrigate one acre of grass with treated water. On an average day in July, the Utility must treat and deliver approximately 7,000 gallons of water to each acre of irrigated bluegrass. Based on the Utility's current investment in its treatment plant, each acre of bluegrass, irrigated with treated water, requires approximately $2,500 worth of treatment capacity. The value of the Utility's investment in its treatment plant will increase as more sophisticated and expensive plant expansions are constructed over the next few years. Reducing the demand for treated water by increasing the use of raw water for irrigation will slow the time schedule for building new capacity. To achieve the benefits of raw water irrigation, the staff and Water ' Board propose that -the Utility provide a rebate 'to individuals or ni1Q April 3, 1990 ' associations converting existing treated water irrigation systems to raw water irrigation. 13. Items Relating to the Front Range Baptist Church Annexation and Zoning. A. Resolution 90-42 Setting Forth Findings of Fact and Determinations Regarding the Front Range Baptist Church Annexation. B. Hearing and First Reading of Ordinance No. 30, 1990 Annexing Approximately 5.3 Acres known as the Front Range Baptist Church. Hearing and First Reading of Ordinance No. 31, 1990 Zoning Approximately 5.3 Acres of the Front Range Baptist Church into the R-L-P, Low Density Planned Residential District. This is a request to annex and zone approximately 5.3 acres located at 625 East Harmony Road adjacent to the Fairway Estates Subdivision, south of Harmony Road, and west of Boardwalk Drive. The requested zoning is R-L-P, Low Density Planned Residential District. The property is presently developed with a church, private school, parking lot, and open space. The property is currently zoned FA-1, Farming, in Larimer County. This is a voluntary annexation. 14. Items Pertaining to the Maxwell Annexation and Zoning. ' A. Resolution 90-43 Setting Forth Findings of Fact and Determinations Regarding the Maxwell Annexation. B. Hearing and First Reading of Ordinance No. 32, 1990, Annexing Approximately 168.23 Acres, Known as the Maxwell Annexation. C. Hearing and First Reading of Ordinance No. 33, 1990, Zoning Approximately 168.23 Acres, Known as the Maxwell Annexation, Into the R-F, Foothills Residential, Zoning District. This is a request to annex and zone approximately 168.23 acres of City -owned foothills open space located west of Overland Trail, west of the CSU football stadium and east of Centennial Drive. The requested zoning is the R-F, Foothills Residential District. The property is currently zoned FA-1 Farming in the County. This is a voluntary annexation. APPLICANT: City of Fort Collins OWNER: Same 15. Article V, Section 11, of the Charter requires that the cash balance ' of the city shall be deposited or invested in accordance with the ordinances of the city. This Resolution adopts the Cash Management and Investment Policy of the City which supersedes the policy adopted April 3, 1990 16. 17. by the Council in 1982. This is a housekeeping item which updates the ' City's investment policy to include those investment instruments authorized by the Council in Ordinance No. 108, 1988. Council approval is required for a case not requiring bidding purchase exceeding $20,000. Staff is requesting such a purchase from Planning Research Corporation for seven (7) MDI Mobile Data Terminals for $44,552. After Council approved the lease/purchase financing on second reading on February 6, 1990, staff discovered the original sole source with Planning Research Corporation had expired. Therefore, it is necessary for Council to approve this case not requiring bidding at this time. The purchase order will be initiated after approval. This case not requiring bidding purchase is based on compatibility with existing equipment as reviewed and approved by the City Manager. The Police Department currently has MDI mobile data terminals - installed in all vehicles and no other system is compatible with MDI's system. Bidding this requirement would result in a complete change -over of equipment, including the controllers and all terminals. This purchase will equip the new police vehicles ordered this year. For the past nine years, Fort Collins Police Services has contracted with the Humane Society for Larimer County for animal control services. The contract includes a wide variety of radio dispatched services seven days per week. There is no other known organization, entity or individual capable of performing these services. The proposed contract for 1990 totals $155,955. This is an increase of $5,637 or 3.75% over 1989. Increases have been budgeted to offset increased operation costs for both the shelter and animal control. Animal control enforcement coverage will continue on the same schedule as in 1989: Monday - Friday 6:00 a.m. to 10:30 p.m. and Saturday and Sunday 8:00 a.m. to 6:00 p.m. The contractual relationship between the City and the Humane Society for Larimer county remains excellent, with the Society dedicated to providing professional animal control enforcement, care, and education to the community. 18. Resolution 90-47 Making Appointments to the Economic Opportunity Advisory Committee. Vacancies currently exist on the Economic Opportunity Advisory I Committee due to the resignations of Douglas Dickson, Christina Castorena, and Myra Powers. April 3, 1990 IApplications were solicited and Councilmembers Maxey and Azari conducted interviews on March 27. The recommended appointees are: C. Jean Paben Joseph Zimlich Philip Crosley 19. Routine Easement. a. Powerline easement from Fort Collins Housing Authority, a Non -Profit Colorado Corporation, located at 516 Cowan Street, needed to underground existing overhead electric system. Monetary consideration: $10. Ordinances on Second Reading were read by title by Wanda Krajicek, City Clerk. Item #7. Item #8. IItem #9. Item #10. Item #11. Item #12. Ordinances on First Reading were read by title by Wanda Krajicek, City Clerk. Item #13. B. Hearing and First Reading of Ordinance No. 30, 1990 Annexing Approximately 5.3 Acres Known as the Front Range Baptist Church. IC. Hearing and First Reading of Ordinance No. 31, 1990 Zoning Approximately 5.3 Acres of the Front Range Baptist Church into the R--L-P, Low Density Planned Residential District. April 3, 1990 Item N14. B. C. Councilmember Edwards made a motion, seconded by Councilmember Horak, to adopt and approve all items not removed from the Consent Calendar. Yeas: Councilmembers Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey, and Winokur. Nays: None. ldcfiii[iji(�I`I , •'ii� Staff Reports City Manager Burkett extended congratulations to Mayor Kirkpatrick and Assistant Mayor Azari and stated he and staff were looking forward to the completion of the Council Policy Agenda. He expressed gratitude to Council for its comments and understanding regarding the New Creations issue. Councilmember Reports Councilmember Azari commented on the traffic signal being installed at Dunbar and Drake Road and updated Council on the Continental negotiations. She stated that by the meeting on April 17 a thorough progress report will be available that will include solid figures and cash flow projections and noted that Continental Express extended invitations to the City Councils of Loveland and Fort Collins and lead staff to be guests for a test flight to Stapleton at 4:00 p.m. on April 16. She added that two types of aircraft would be available for local service and noted there will be a question and answer session including a review of the facility. She stated this opportunity will provide both Councils a chance to gather additional information from Continental Express. Councilmember Maxey stated that due to a perceived conflict of interest he would not attend the Continental Express question and answer session. He stated a committee was continuing to review the Council Chambers remodel project and requested input and suggestions from Council. Mayor Kirkpatrick stated that the occurrence of Dutch Elm Disease in Fort Collins had been reduced and commended staff and the City Forestry Department for its efforts in combating the disease in Fort Collins. April 3, 1990 Resolution 90-48 Authorizing a Waiver of the Public Street Capacity Requirement, the Public Sewer Capacity Requirement and the Requirement for Contiguity to Existing Development for the High View Subdivision, Adopted Option B-Denial Following is staff's memorandum on this item: "EXECUTIVE SUMMARY This request pertains to the High View Subdivision, located on the east side of County Road 38E (aka West Horsetooth Road), one mile west of Taft Hill Road. The site is located within the Fort Collins Urban Growth Area and the surrounding area contains a number of large -lot single family residences created through the County's exemption and minor residential development process. This subdivision consists of a proposal to create three single family lots on 8.1 acres. The property is zoned FA -I Farming and there is an existing residence on Lot 1. Access to the site is proposed via a local street from County Road 38E. Of the four Urban Growth Area phasing criteria, the proposed development meets the requirement for public water capacity, which would be provided by the Fort Collins -Loveland Water District. Waivers are being requested for the requirements for public sewer capacity, public street capacity and for contiguity to existing development. Under the UGA Phasing Criteria for public street capacity, the developer would be responsible for improving County Road 38E to Taft Hill Road and for improving Taft Hill Road to the arterial street improvements recently completed by the City, near the intersection of Horsetooth and Taft Hill Road. Public sewer is approximately 112 mile away, at Highlands West Drive and the applicant is requesting the use of a septic system for sewage disposal. Although there are existing residences in the surrounding area, "existing development" is defined as development that has occurred through approved subdivisions. The waiver process was intended to deal with infill development. Infi11 development proposals are those in essentially developed portions of the Urban Growth Area, whose impact on existing services and facilities is relatively minimal. Infill development is not considered to be development in areas of the Urban Growth Area that require the extension or upgrading of basic infrastructure and other services and facilities, so that the development can proceed. IThe Larimer County Commissioners may waive phasing criteria provided that: April 3, 1990 The waiver will not result in unplanned public expense for provision of public services, improvements, or facilities; 2. The waiver is consistent with the intent and purpose of the County and adjoining municipality's Comprehensive Plans or Policies; 3. The waiver application contains material indicating approval may be granted without substantial detriment to the intent and purposes of the Supplementary Regulations which apply to the area; 4. The waiver application contains material indicating there are exceptional circumstances which apply to the specific piece of property which do not apply generally to the remaining property in the Urban Growth Area; and 5. The waiver application contains material indicating approval would not impair the public health and safety by creating undesirable traffic conditions, unhealthy sanitary conditions or adverse environmental influences in the area. While the impact from the proposed subdivision is relatively minimal in terms of the number of additional lots being created, this site is not an infill site. The basic infrastructure needed to serve the site is not in place. As development continues to occur in this area without the necessary infrastructure, the cost to upgrade and extend services into this area will have to be borne by the applicants of development proposals or eventually, by the public. The Intergovernmental Agreement establishes that development in the Urban Growth Area should be urban land uses, at urban densities. The single family residential density for the UGA is three dwelling units per acre. The proposed subdivision is planned at a density of one dwelling unit per 2.7 acres and therefore, is not urban development. There is no exceptional circumstance that is unique to this site, to warrant the waiver requests. FINANCIAL IMPACT: A waiver to the public street capacity requirement would result in a waiver fee of $700 per additional lot for development of this site, or total fee of $1400. RECOMMENDATION: The proposed High View Subdivision is not an infill development and the density is not an urban density. There is no exceptional circumstance unique to this site. Therefore, staff recommends defeat of the resolution. URBAN GROWTH AREA REVIEW BOARD: The waiver request will be considered by the Urban Growth Area Review Board at its April 25, 1990 meeting." I �I fl;. April 3, 1990 ' City Planner Sherry Albertson -Clark gave a brief presentation regarding the request to the High View Subdivision and explained the requirements of the Urban Growth Area agreement regarding waiver requests. She described the four phasing criteria that are required of development in the Urban Growth Area. She referred to the needed service upgrades and stated the proposed density was not at urban level densities. She stated that staff had evaluated the proposal against the Urban Growth Area requirements and stated staff believed the proposal is not qualified as an infill development and added staff is not supporting the waiver request. She encouraged Council to deny the recommendation to the Urban Growth Area Review Board and stated the item will be heard by the Review Board at the end of April. Councilmember Maxey asked about the approval for rollover curb and gutter for Westridge. Sherry Albertson -Clark stated that a street design section included curbs and gutters and explained that Larimer County may have determined in the approval process that curbs and gutters were not needed. She stated that a twenty-eight foot wide street had been proposed. Councilmember Edwards requested clarification regarding Council's options regarding approval or denial. ' Sherry Albertson -Clark stated and explained waiver requests She commented on the waiver stated the fees are held by t stated that an approval of th the essential options are approval or denial with respect to street capacity requirements. fee as a condition of the waiver request and he County for future street improvements. She e waiver with conditions was possible. Councilmember Mabry asked about the recommendation for denial due to the significant number of waivers. Sherry Albertson -Clark stated there had been three waivers requested on the project which involved four items and added that the site does not meet the intent for urban density in the area. She stated that given those factors, staff does not believe it can support the project and added the development could be premature. Councilmember Maxey made a motion to adopt Resolution 90-48 Option A. THE MOTION DIED DUE TO LACK OF A SECOND. Councilmember Edwards made a motion, seconded by Councilmember Winokur, to adopt Resolution 90-48 Option B. City Manager Burkett stated the he and the City Attorney reviewed the exact wording of the Intergovernmental Agreement and stated the intent is to ' provide Council the opportunity to make comments prior to the County acting on the matter. April 3, 1990 Dick Rutherford, Project Engineer, stated that to the south of the parcel, ' the County approved M-R-D inside the Urban Growth Area and stated Mr. Glick's personal property is a part of another exemption (including three houses) which involved the creation of a subdivision in the county. He stated that continuity is lacking and noted that approvals had been made without waivers. He stated that though there were three waiver requests, the proposed local street will be built to City standards and stated that pavement was the only County requirement. He stated the curb and gutter requirement was not established for inside the Urban Growth Area and asked Council to allow the waivers so the two additional lots can be platted. Councilmember Maxey stated he saw no curb and gutter after turning off of Horsetooth Road. Dick Rutherford stated Westridge Estates is outside of the Urban Growth Area and noted Springfield Subdivision from County Road 38E north to Horsetooth Road is not inside the City limits, but is inside the Urban Growth Area and does have curb, gutter, and sidewalk. He clarified that the four lot minor residential development was allowed by the County and stated a waiver was not required and was contiguous to Mr. Glick's property. Councilmember Edwards stated that Council is not the final authority on this issue and encouraged proper growth management. He stated it was in the City's best interest to take a strong stand on urban level densities to avoid associated costs. ' The vote on Councilmember Edwards's motion to adopt Resolution 90-48 Option B was as follows: Yeas: Councilmembers Azari, Edwards, Horak, Kirkpatrick, Mabry, and Winokur. Nays: Councilmember Maxey. THE MOTION CARRIED. Authorizing an Intergovernmental Agreement Creating an Emergency Telephone Service Authority, Imposing an Emergency Telephone Charge upon Telephone Exchange Access Facilities Within the City and Authorizing Service Suppliers to Collect said Emergency Telephone Charce`s, Adopted on Second Reading Following is staff's memorandum on this item: "EXECUTIVE SUMMARY This Ordinance, which was adopted 6-1 on First Reading on March 20, authorizes the City to enter into an agreement with Larimer County and the other cities, towns and special districts located in the County. Once the agreement is fully executed, the telephone. charges will go into effect and ' i is April 3, 1990 ' all other actions necessary to implement E911 throughout the County will begin." Councilmember Azari made a motion, seconded by Councilmember Edwards, to adopt Ordinance No. 164, 1989 on Second Reading. Yeas: Councilmembers Azari, Edwards, Kirkpatrick, Mabry, Maxey, and Winokur. Nays: Councilmember Horak. Ordinance No. 26. 1990, Amending the Code Regarding Noise. Adopted on Second Reading Following is staff's memorandum on this item: "EXECUTIVE SUMMARY This Ordinance, which was adopted 6-1 on First Reading on March 20, modifies Section 20-25 of the City Code by eliminating "the unamplified human voice" as an exception to prosecution under Section 20-22. This amendment will resolve a recently discovered conflict between the two sections, and will allow the Police Department and Municipal Court to enforce and prosecute offenders under Section 20-22 (Unreasonable Noise) as ' was done prior to discovery of the conflict." Councilmember Mabry made a motion, seconded by Councilmember Edwards, to adopt Ordinance No. 26, 1990 on Second Reading. Yeas: Councilmembers Edwards, Horak, Kirkpatrick, Mabry, Maxey, and Winokur. Nays: Councilmember Azari. THE MOTION CARRIED. Resolution 90-49 Creating a Special Assessments Debt Service Fund Reserve and Establishing Policy Regarding Such Debt Reserves, Adopted Following is staff's memorandum on this item: "FINANCIAL IMPACT No direct financial impact. This., Resolution creates a reserve fund for special improvement district bonds for which no reserve fund other than the surplus and deficiency fund currently exists. This reserve would be funded by such periodic transfers of money from the General Fund Undesignated Reserve to the Special Assessments Debt Service Fund Reserve as may be ' approved by Council. Portions of the transferred funds could then be appropriated as needed for expenditure by the Financial Officer. Under April 3, 1990 current federal tax law all or certain portions of the special assessment debt service fund reserve may be subject to arbitrage rebate requirements. EXECUTIVE SUMMARY In February of 1989, Council culminated an extensive study of special improvement district policies with the adoption of Ordinance No. 19, 1989 amending Chapter 22 of the City Code regarding public improvements. Council determined it was in the best financial interest of the City to require that future special improvement districts include a reserve fund as part of the bonds issued for the district. Money in these individual reserves would be used to meet the debt service on the bonds in the event of cash flow problems within the district. The Financial Officer has recommended to the Council Finance Committee that a similar reserve fund be established from City funds to supplement the City's debt service payments on special assessment bonds issued previously which did not provide for such an individual reserve. The Committee has determined that it is in the best financial interest of the City to create this reserve and fund it with money from the General Fund Undesignated Reserve. It was further agreed that a formal policy regarding debt service reserves be adopted by the Council." Finance Director Alan Krcmarik gave a brief presentation and noted the recommendation to create a special assessment debt service fund reserve is an attempt to maintain and enhance the fiscal health of the city. He noted under Council's revisions to the SID policies, a reserve will be a part of the funded proceeds of the bond issue for future districts and added no bond reserve exists for districts created in the early 1980's. He stated that in some cases, additional reserves will be needed to cover districts which are not performing as planned and explained the policy creating the reserve within the debt service fund. Councilmember Horak thanked staff for its hard work on the item and commented on the positive results that will be seen by changing the guidelines for special improvement district approval. Councilmember Horak made a motion, seconded by Councilmember Edwards, to adopt Resolution 90-49. Councilmember Mabry asked about the security for revenue and general obligation debt issue by the City. Alan Krcmarik stated the general obligation bonds are secured by the full faith and credit of the City of Fort Collin s April 3, 1990 the bondholders could bring suit against the City to pay off the deficiencies. Councilmember Mabry requested clarification on the difference in security between general obligation bonds and revenue bonds as opposed to special improvement district bonds. Alan Krcmarik stated the special improvement district bonds. contain elements of both general obligation and revenue bonds. He stated the SID bonds are guaranteed by a specific revenue source which involves assessments paid by the property owners within the district receiving the benefit of the improvements. He added the City Charter contains the provision regarding the last twenty-five percent of the SID bonds. He stated that if revenues are insufficient from the special stream of revenues (the assessment payments by the property owners) the Charter outlines a back-up pledge of property within the City. He described the district provision in which a mill levy increase would offset any deficiency in the districts. He stated the primary guarantee is from the stream of revenues from the property and noted when an assessment is paid late, the property in question can go through a process of tax certificate - sale. He stated that once the property is sold, the monies from the sale can be used to pay the indebtedness. Councilmember Mabry asked to whom the bondholder looks if the payment is not made. Alan Krcmarik stated the contract on the bonds is between the City of Fort Collins and the bondholders and stated the pledge in the bond documents is to ensure the payments are made. Councilmember Mabry stated the security for the bonds becomes the full faith and credit of the City of Fort Collins. Alan Krcmarik stated that regarding the first seventy-five percent of the bonds, the City of Fort Collins is in a contract with the bondholder to follow all the legal remedies to ensure the property owners pay the assessments. He stated that in the event the assessments are not paid, the City of Fort Collins will pursue the tax sale process to ensure the interest payments on the bonds is paid. Councilmember Mabry asked if the City had any districts that are experiencing payment difficulty. Alan Krcmarik stated there are districts in the twenty-five percent range that are experiencing difficulty and added these districts will be closed out in the coming years. He stated that current projections indicate a cash deficiency when these particular districts are closed. Councilmember Mabry asked about interest rates on City debt being less than interest rates on special improvement district debt. 9a1 TON April 3, 1990 Alan Krcmarik stated that in most cases it was accurate to believe that interest rates on City debt are less than interest rates on special improvement district debt and stated that special improvement district debt is unrated debt. He noted that the City of Fort Collins general obligation bonds have a "Double A" rating and added that sales and use tax have a "A 1" rating. He stated that due to the limited amount of projected cash flows within the district, it is difficult to obtain insurance or a rating from a major rating agency and stated this was the significant difference between special improvement district debt and general city debt. Councilmember Mabry noted that from the risk standpoint, special improvement district debt is considered to be a greater risk than other city debt. Alan Krcmarik stated the risk element is not the reason for the rate difference and stated that rating agencies view special improvement district debt as having limited revenues. He added that the risk in that debt is perceived to be higher. Councilmember Winokur requested additional information on the interest rate difference between SIDs and IDRBs. Alan Krcmarik stated that both IDRB and SID debt carry higher rates than the City's borrowing cost and noted a comparison between IDRBs and SIDS would be based on the perceived strength of the project. He stated that a IDRB with an insured reserve will fare better with competitive or lower interest rates. Councilmember Winokur asked if IDRBs typically have credit enhancements, letters of credit or insurance and asked if any of the City's existing, pre -new policy issues have credit enhancements associated with them. Alan Krcmarik stated that IDRBs may be done without credit enhancements, and added the City policy encourages the use of letters of credit and insurance. He stated that he did not believe that the any of the pre -new policy IDRBs contained credit enhancements. City Manager Burkett clarified that in the first seventy-five percent of the bonds, the covenants do not include a provision pledging the full faith and credit of the City of Fort Collins and noted the distinction between those bonds and the general obligation bonds. Alan Krcmarik pointed out that iK the creation of the reserve, the City does not intend to confer any additional rights on the bondholders. Councilmember Mabry spoke against the Resolution and stated there is a significant difference between providing reserves and adequately dealing with the City's commitments with respect to the issues.that are paid down to within twenty-five percent of the original principal. versus those that are not. He stated the Resolution does not distinguish between the two issues and noted he did not support using taxpayer funds to bail out 1 -871- April 3, 1990 ' special improvement districts that are experiencing difficulties. He stated the primary reason that special improvement district bonds have higher interest rates versus City issued debt is due to the bondholder's risk that the income and revenue generated from the property will not be adequate to service the debt. He stated the property should be used to satisfy the debt requirements, not the general revenues of the City of Fort Collins. Councilmember Winokur expressed appreciation to Councilmember Mabry for his comments and stated he did not believe IDRB bonds were the same as SID bonds. He stated that since SID bonds have credit enhancements and additional security, SID bonds are considered to be obligations of the City of Fort Collins. He stressed the importance of looking at the overall financial health of the City. He stated the City of Fort Collins has an excellent credit rating which translates to higher interest rates on bonds, which translates to costs of a project. He explained the costs to the City and the financial repercussions far out weigh the policy. He stated the property is the revenue source and noted the four year wait and associated lost opportunity cost. He stated that it is clear that the City has an obligation to ensure to the bondholders, citizens, and taxpayers that the best credit reputation be maintained for the fiscal health of the City. Councilmember Horak spoke against "bailing out" the districts and stated it was a grey issue. He stated that prudent financial management encourages the establishment of the reserve fund. Councilmember Edwards stated it is clear that the City would be taking risks with the associated costs. He stated the establishment of the reserve fund will maintain or improve the City's financial stature and stated the use of tax dollars will stabilize the situation. Mayor Kirkpatrick thanked the Finance Committee and staff for its hard work on the policy and stated she would not be able to support the policy if it weren't for prior issues associated with the SID policy which ensure additional protection for the City. She noted the importance of fiscal health for the community and of ensuring greater flexibility for future Councils. The vote on Councilmember Horak's motion to adopt Resolution 90-49 was as follows: Yeas: Councilmembers Azari, Edwards, Horak, Kirkpatrick, Maxey, and Winokur. Nays: Councilmember Mabry. THE MOTION CARRIED. -872- April 3, 1990 r--, Ordinance No. 34, 1990, Appropriating $1.6 ' Million for Transfer From the General Fund Undesignated Reserve to the Special Assessments Debt Service Fund Reserve and Appropriating $465,000 in the Special Assessments Debt Service Fund Reserve for Expenditure by the Financial Officer in 1990, Adopted on First Reading Following is staff's memorandum on this item: "FINANCIAL IMPACT Appropriates $1.6 million from General Fund Undesignated Reserves to the Special Assessments Debt Service Fund Reserve. Further appropriates $465,000 to be expended in 1990 upon authorization of the Finance Director. EXECUTIVE SUMMARY This appropriation will provide money to pay the interest portion of the debt service on certain special improvement district bonds. The portion appropriated for expenditure in 1990 will be used as deemed necessary by the Financial Officer. The appropriation of these monies is necessary because the cash flow into the bond funds has been disrupted by the default in payment of assessments by property owners within various districts. The City holds tax certificates on the properties and intends to apply for deeds to the land as soon as allowed by statute. The value of the property should be sufficient to restore the cash flow and replace the $1.6 million in the Undesignated Reserves, with interest, once the bonds have been paid in full. Funds transferred into this designated reserve will be appropriated on an annual basis and the Finance Director will be authorized to transfer monies when needed to supplement payments to bondholders so that the payment of principal by property owners is used to pay. the principal portion of the debt service on outstanding bonds. BACKGROUND Chapter 22 of the City Code provides for the creation of special improvement districts and the levying of assessments on the property within the districts. It further provides that failure to pay assessment installments will result in the entire remaining principal balance and interest becoming due and than further delay in payment will cause the property to be placed for sale in the same manner as delinquent general property taxes. Many private' interests have purchased these tax certificates for investment purposes. However, the City currently holds 169 tax certificates representing a face value of $2.4 million, of which $1.9 million is principal. This amount corresponds to an equal amount of special improvement district bonded indebtedness. It is anticipated that the properties in SID #81 and #86 will be subject to special tax sale. If sold today, the face value of the tax certificates held by the City would increase by $2.95 million to a total of $4.3 million in principal. 873- April 3, 1990 ' Due to defaults on assessment payments, some of the assessment principal received has been used to cover a portion of the bond interest payments. In other words, there has not been a dollar for dollar redemption of bonds based upon assessment principal received. Over time, this means that there will be insufficient monies received through assessments to retire the bonds and cover all interest payments. The difference is expected to be made up through the penalty interest accruing on the tax certificates. Until those certificates are redeemed or the property is deeded to the City and subsequently sold, there is a need to ensure that principal received on assessments is used to redeem bonds. This Ordinance appropriates money to be used to pay the interest portion of the debt represented by the S1.9 million in principal currently tied up in tax certificates and the additional $2.4 million anticipated in 1990. An appropriation ordinance will be presented to Council for adoption each year. The amount appropriated from the Special Assessments Debt Service Fund Reserve will be based on the principal amount represented by the tax certificates held by the City. Since the regular tax sale is held in November of each year, the Finance Director will inform Council in November of the projected needs from the reserve in the subsequent year. The money remaining in the designated reserve will be invested according to City policies and will be credited for any interest earnings. Current statutes require the City to hold the certificates for three years ' before applying for a Treasurer's Deed to the property. The process includes title work and advertising and may take an additional year before completion. Consequently, staff anticipates that the City may not be able to market the properties until four years after the date on the tax certificates. Once the property is sold, the proceeds would be deposited in the bond fund for the appropriate district. Once all bonds have been redeemed, the monies expended from the reserve would be returned to the General Fund reserve and could be reappropriated for other City purposes." Councilmember Mabry withdrew from discussion and vote on this item due to a perceived conflict of interest. Finance Director Alan Krcmarik gave a brief presentation regarding transferring $1.6 million from the General Fund to the Special District Debt Service Fund. He stated that many of the 1988 tax certificates have been redeemed and added that $910,000 worth of principal has not been paid by assessment payers. Fie stated from the tax certificates for 1989, approximately $965,000 remain outstanding (principal) by the property owners and commented on the on -going reallocation process. He explained why the certificates cannot be sold and noted that $2.4 million has not been received. He noted the total principal amount is $4,287,300 and explained the appropriation request of $465,000 from the designated reserve. He stated $465,000 will only cover' the assessments not received on the interest on the principal amounts and stated the approach was ' conservative as it allows the received principal payment to be used to pay principal on the bonds. He explained the reasons behind supplementing interest payments and noted that over a four year period, the property will -874- April 3, 1990 be sold and, due to the penalty interest on the assessments, the money will be recovered. He explained the district bonds extend past the redemption period and the federal regulations, the General Fund will not be reimbursed until all of the bonds in the district have been repaid. He added that it could be a long time before the money is repaid to the General Fund. Councilmember Winokur asked about potential net loss of revenues. Alan Krcmarik that at the time the consolidated district was completed, the net effective interest rate was 8.68% and noted the deduction of certain costs that were included in the higher rate. He stated once those are subtracted, the investment restricted rate was 8.22% and noted the figures change over time. He pointed out that as the early debt was retired the interest rate was lower and noted the most recent investment report showed 8.60% on the City's investments. He noted the remaining cost will be approximately $3000 in the first year and added that as the City draws down, the amount will become lower over the four year period. Councilmember Maxey commented on the interest from tax certificates used to offset the interest paid and noted it appeared that the property is not worth what has accumulated against it. He suggested the City was heading for a dead end situation with the taxpayers footing the bill. Alan Krcmarik agreed that the possibility did exist and noted the market analysis on the value of the property supporting the tax certificates. He stated he believed that certain parcels don't contain enough value to support the -amount due on the tax certificate and noted other parcels which pay the penalty interest will mitigate the effect. He commented on the parcels where the property value was more than the tax certificate and commented on the pledge requirement for the last twenty-five percent of the bonds. Councilmember Maxey commented on the "gambling" situation for the taxpayers of Fort Collins and asked if rules had been established to minimize the losses. He suggested marketing the certificates sooner by selling the property and encouraged the development of a plan. Alan Krcmarik stated since 1988 staff has been working with underwriters on a plan to market the tax certificates. Councilmember Maxey asked about acquiring property through tax certificates and about making changes to the Charter provisions relating to negotitions for the sale of City property. City Attorney Roy stated he had not received any direction to investigate or change the provision regarding the Council's ability to discuss (in Executive Session) the advisability of any proposed sale of City property as opposed to the acquisition of City property. He stated the provision is contained in the City Charter and requires a vote of the people to enact any change. 1 -875- April 3, 1990 ' Councilmember Maxey made a motion, seconded by Councilmember Horak, to adopt Ordinance No. 34, 1990 on First Reading. Councilmember Winokur stated he would vote in favor of the ordinance, but did not completely support it. He pointed out it might be a long time before the City gets the money back. He stated the money could be paid back within three to four years and commented on the progress with respect to rules that provide protection for the City when new districts are formed. He stated it was a cash flow problem and noted the importance of looking at the issue of owing more on the property than it is worth. Councilmember Maxey encouraged the development of a program which minimizes the City's losses. The vote on Councilmember Maxey's motion to adopt Ordinance No. 34, 1990 on First Reading was as follows: Yeas: Councilmembers Azari, Edwards, Horak, Kirkpatrick, Maxey, and Winokur. Nays: None. (Councilmember Mabry withdrawn) THE MOTION CARRIED. City Manager Burkett noted that he had been working on the issue for four years and expressed appreciation to Council for making the difficult decisions. He commented on staff's efforts to maximize the opportunities to liquidate property and reduce debt. Amending Section 22-95 and Section 22-97 of the Code Relating to Abatement of Assessments. Adopted on Second Reading Following is staff's memorandum on this item: "EXECUTIVE SUMMARY This Ordinance was adopted 6-0 on First Reading on March 20. The first section of the Ordinance amends Section 22-95 to add provisions which would empower the City Council to abate all or any portion of an assessment, including principal, interest or penalty interest. The recommendation for abatement must first come from the Financial Officer and certain conditions must be met before the abatement can be, considered. The second section of the Ordinance amends Section 22-97 to clarify that the Financial Officer may assign tax certificates received through foreclosure of the City's assessment lien for less than full face value if such sale is approved by Council by ordinance under the provisions of Section 23-111, as a sale of an interest in real property." I Councilmember Mabry withdrew from discussion and vote on this item due to a perceived conflict of interest. April 3, 1990 Councilmember Horak made a motion, seconded by Councilmember Winokur, to ' adopt Ordinance No. 27, 1990 on Second Reading. Yeas: Councilmembers Azari, Edwards, Horak, Kirkpatrick, Maxey, and Winokur. Nays: None. (Councilmember Mabry withdrawn) THE MOTION CARRIED. Appropriating Unanticipated Revenue in the Capital Projects Fund and Authorizing the Transfer of Appropriated Amounts from the Street Oversizing Fund to the Capital Projects Fund, Adopted on Second Reading Following is staff's memorandum on this item: "EXECUTIVE SUMMARY In May of 1987, the Council established the Centre for Advanced Technology Special Improvement District No. 90 (the "District"). This SID consists of approximately 158 acres of land located in the central portion of the City, adjacent to and northeast of the intersection of Shields Street and Drake Road. The District is part of the 235 acre Centre development and is adjacent to the south campus of Colorado State University. ' The City is now prepared to begin the closeout of this District. In accordance with Chapter 22 of the City Code, preparation of a statement of cost, preliminary assessment roll, and a notice to be sent to property owners has been completed. This Ordinance, which was adopted 6-0 on First Reading on March 20, appropriates additional funds needed to cover street costs in the District. On March 20, Council also adopted Resolution 90-40, which directs the City Clerk to publish notices in the daily newspaper and send individual notices to each property owner in the District. This notifies the owners of the total cost of improvements, the portion to be paid by the City, and the May 1, 1990 hearing date of the assessing ordinance." Councilmember Mabry withdrew from discussion and vote on this item due to perceived conflict of in'Lerest. Councilmember Edwards made a motion, seconded by Councilmember Azari, to adopt Ordinance No. 28, 1990 on Second Reading. Councilmember Winokur expressed concern regarding costs associated with the installation of turn lanes at an intersection that needs to be completely resurfaced. City Manager Burkett commented on the possibility of total reconstruction , of Shields Street and Drake Road and noted the design problem. He referred -877- April 3, 1990 ' to the review of $60M worth of street reconstruction needs and noted that Shields and Drake did not make the Choices 95 list. Councilmember Horak commented on problems associated with the shadows in the winter and ice formation on the drainage portion of the intersection and suggested that much of the problem on Drake Road was due to ice thawing and refreezing. The vote on Councilmember Edwards' motion to adopt Ordinance No. 28, 1990 on Second Reading was as follows: Yeas: Councilmembers Azari, Edwards, Horak, Kirkpatrick, Maxey, and Winokur. Nays: None. (Councilmember Mabry withdrawn) THE MOTION CARRIED. Other Business Councilmember Horak made a motion, seconded by Councilmember Mabry, to direct staff to look at changes in the public accommodations ordinance dealing with the issue of gender with respect to men's and women's restrooms and requested formal consideration of the administrative complaint procedure. Councilmember Mabry requested staff bring back recommendations for Council ' consideration. Clarence Newcomb stated that none of the staff at New Creations had ever requested that the discrimination ordinance be abolished and pointed out that they were in support of updating the City's discrimination ordinance. He stated that economically and physically there was no alternative except to close New Creations. He added that the specific purpose of New Creations was to meet the needs of privacy and modesty of women and expressed appreciation to Pete Dallow and Mary Crumbaker-Smith for their assistance in the issue. City Manager Burkett clarified the discrimination issue regarding New Creations and explained that action was not taken until a discrimination complaint was received. He added that an allegation had been made against New Creations, but' a determination has not been made regarding the violation and noted that none of the City staff requested contributions from New Creations on behalf of'the City. Councilmember Edwards commended Mr. Newcomb; and the citizens that spoke regarding the discrimination issue. He noted that government is a process which is constantly being refined to meet the needs of the community and expressed support for the creation of a better law.- Councilmember Horak clarified that his motion did not contain words to ' direct staff to make the Fort Collins public accommodations ordinance comply with state and federal law. April 3, 1990 Mayor Kirkpatrick noted the comments from citizens serve to educate Council ' and the community and added that by working together, changes can be made. The vote on Councilmember Horak's motion to direct staff to look at changes in the public accommodations ordinance dealing with the issue of gender and requesting formal consideration of the administrative complaint procedure was as follows: Yeas: Councilmembers Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey, and Winokur. Nays: None. THE MOTION CARRIED. Mayor Kirkpatrick brought her motion from March 20 relating to scaling down the 4th of July fireworks display off the table and commented on maintaining the size of the July 4th celebration at City Park but reducing the size of the fireworks display. City Manager Burkett stated the bid had gone out for the fireworks show and noted the low bidder is limited in the shell size due to limits on its insurance policy. He stated that it is outside of the City's ability to change the limits of the insurance company and stated that the insurance policy is limited to four inch shells. Councilmember Edwards noted the use of the word smaller was directed at the size, not quantity of the shells. Mayor Kirkpatrick stated she was withdrawing the March 20 motion. ' Councilmember Maxey, the seconder of the motion, accepted Mayor Kirkpatrick's decision to withdraw the March 20 motion. Adjournment Councilmember Azari made a motion, seconded by Councilmember Maxey, to adjourn the meeting. Yeas: Councilmembers Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey, and Winokur. Nays: None. The meeting adjourned at 10:10 p.m. Mayor 1 llh,► AIII