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HomeMy WebLinkAboutMINUTES-05/01/1990-RegularMay 1, 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, May 1, 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: Edwards, Horak, Kirkpatrick, Mabry, Maxey, and Winokur. Councilmembers Absent: Azari Staff Members Present: Burkett, Krajicek, Roy Citizen Participation A. the Storm Drainage Board. Councilmember Mabry made a motion, seconded by Councilmember Maxey to adopt Resolution 90-59. Yeas: Councilmembers Edwards, Horak, Kirkpatrick, Mabry, Maxey, and Winokur. Nays. None. ' THE MOTION CARRIED. Resolution 90-59 was accepted by Vesta Foster. B. Proclamation Naming May as Asthma and Allergy Awareness Month was accepted by Debbie Miller, representing parents of asthmatic children. C. Proclamation Naming May as Better Hearing and Speech Month was forwarded to the appropriate persons. D. Proclamation Naminq May as Multiple Sclerosis Awareness Month was forwarded to the appropriate persons. E. Proclamation Naming May 5 as Teddy Bear Day was accepted by Amy Smith, boardmember, United Day Care Center. F. Proclamation Naming May 7 as National Nurses Day 1990 was accepted by Angela Nicos, Poudre Valley Hospital. G. Proclamation Naming May 6-12 as Drinking Water Week was accepted by Water Production Manager Ben Alexander. H. Proclamation Naming May 18 as Records and Information Management Day ' was accepted by Judy Anderson, Northern Colorado ARMX.Vice-President. -914- May 1, 1990 David Thomas, Fort Collins resident, commented on the noise ordinance and he believed the was abusive. He cited examples of the abuse ' stated policy affecting college students and asked Council to reconsider the noise ordinance. Agenda Review: City Manager City Manager Burkett pulled Item #16, Items Related to the Installation of Concrete Pavement at the College/Prospect and College/Drake Intersections, from the Consent Agenda. Councilmember Edwards requested that Item #18, Resolution 90-62 Authorizing the Mayor to Enter into Intergovernmental Agreements Allowing Other Regional Law Enforcement Agencies to Use the City of Fort Collins Indoor Police Training Facility, from the Consent Calendar. Councilmember Winokur asked that Item #13, Hearing and First Reading of Ordinance No. 45, 1990, Adding Section 17-126 to the Code of the City of Fort Collins to Prohibit Certain Begging Practices in Public Places, and Item #17, Items Relating to the Purchase of Additional Water Supplies, be withdrawn from the Consent Calendar. Mayor Kirkpatrick withdrew Item #12, Hearing and First Reading of Ordinance No. 44, 1990, Amending Chapter 5 of the Code Relating to the Waiver of Fees For the Purpose of Economic Development, 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 Consent Calendar. Anyone may request an item on this calendar be "pulled" off the Consent Calendar and considered separately. Agenda items pulled from the Consent Calendar will be considered separately under Agenda Item #22, Pulled Consent Items. 0 iB Consider approval of the minutes of the regular meeting of April 3. This Ordinance, which was unanimously adopted on First Reading on April 17, rezones 2.7 acres of the Silverplume Estates PUD, 2nd and 3rd Filings from B-P, Planned Business to R-P, Planned Residential. The site is located at the northeast corner of Swallow Road and Dunbar Avenue. Silverplume Estates PUD, 2nd and 3rd Filings consists of a total of 39 single family -Lots on 8.4 acres. The area proposed for rezoning is in the southwest corner of Silverplume Estates. I -915- May 1, 1990 ' 8. Second Reading of Ordinance No. 37, 1990, Appropriating Prior Year Reserves in the General Fund in the Amount of $78,440 from the Ford Foundation to Advance the Goals and Objectives of the Land Development Guidance System. a The City of Fort Collins was awarded a grant from the Ford Foundation in the amount of $100,000 for advancing the goals and objectives of the Land Development Guidance System. The activities that will be pursued are designed to improve the performance of the LOGS and support the mission of providing personalized, quality community services to the citizens of Fort Collins. This Ordinance, which was unanimously adopted on First Reading on April 17, appropriates $78,440 for advancing the goals and objectives of the LDGS. City Council has previously appropriated $485,000 for the Shields and Lake Street Relief Sewer project. The scope of the project was to construct a new sewer line in Shields Street between Lake and Elizabeth Streets and in Lake Street for a distance of 680 feet west of the Burlington Northern Railroad tracks. The sewer lines need to be replaced because their capacity is overloaded and some sections are ' damaged. It was determined that the existing pipeline will need to be replaced instead of paralleled because of the close proximity of other utility lines. Investigations also showed that 336 feet of pipe in Shields Street from Plum to Elizabeth Streets needs to be replaced and should be added to this project. These changes are estimated to add $50,000 to the project cost. Substantial changes to the Construction Safety standards for trenching and excavation made by OSHA in March of 1990 will add an estimated $150,000 to the cost of the project. This Ordinance, which was unanimously adopted on First Reading on April 17, appropriates the $200,000 needed to complete the Shields and Lake Street Relief Sewer Project. 10, FAUS funds are currently available for the increase to the MG 5000(9) project. By using this change order process, the Transportation Division will be able to construct. the signal projects at Shields/Harmony and Shields/Wakerobin during 1990. ' On April 17, Council unanimously adopted Resolution 90-53 which authorized an amendment to the existing Intergovernmental Agreement -916- May 1, 1990 12. 13. with the State Department of Highways allocating $450,000 of Federal Aid Urban Systems (FAUS) money and increased the project total by $86,000 to $536,000. This Ordinance, which was unanimously adopted on First Reading on April 17, appropriates $86,000 in unanticipated revenue (FAUS funds) to increase the existing FAUS Project MG 5000(9) to allow additional signal construction. Staff was directed by Council to review the provisions of Chapter 13 of the City Code pertaining to discrimination. The purposes of the review were to clarify the provisions of the Code dealing with sex -based discrimination in public accommodations, to give the City more discretion in the handling of complaints and to streamline the process for reviewing, investigating and attempting to conciliate such complaints. This Ordinance, which was unanimously adopted on First Reading on April 17, revises the Code to address these issues. Economic Development. At the February 27 worksession on economic development, staff presented three options relating to the consideration of an expanded economic development policy. These options were: 1. Maintain status quo; proceed with existing policy on a case -by case basis. Adoption of an ordinance authorizing the City Manager to discuss and negotiate with eligible industries the possible waiver of fees utilizing administrative criteria for the evaluation of the firm. This criteria will focus on a firm's compatibility with community values as well as the financial impact of a fee waiver. Adoption of an ordinance setting policy details and criteria. During the worksession, Council indicated a preference for option 2 which will enable the City Manager to discuss the possible waiver of fees with eligible industries and bring a recommendation to Council for consideration -and final determination. During the past few months, Police Services has received a number of complaints regarding citizens being accosted on the streets and in parking lots by transients begging for money. These individuals have -917- May 1, 1990 ' been observed begging alone, as well as in groups of three or more, and can be quite intimidating. Currently there is no municipal ordinance regulating this behavior. This ordinance is being proposed to fill that void in the City Code. 14. Basin. Funds have been appropriated in the 1990 budget for the construction of Phase II of the Princeton/Drake storm sewer project. This phase will extend storm sewer up Princeton Road to College Avenue and then to the intersection of Drake and College. Phase III of the project, installation of storm sewer in Drake Road, was scheduled in future years. However, upon initiation of Phase II it was realized that significant cost savings and reduced neighborhood and traffic impacts can be realized if Phase III is constructed with Phase II in 1990. The Spring Creek Basin has insufficient appropriations available to cover Phase III construction, therefore, a request for additional appropriation is being made. 15. Hearing and First Reading of Ordinance No. 47, 1990, Appropriating ' Prior Year Reserves in the General Fund for Parks and Recreation Gift Catalog Programs. City Council authorized the creation of the Parks and Recreation Gift Catalog Account in 1982 as a vehicle for individuals, organizations, businesses, service clubs and corporations to make in -kind and financial donations to help improve the City's Parks and Recreation programs and facilities in Fort Collins. All donations are tax deductible, and are guaranteed to be used for the purpose for which they were donated. Funding usually remains in the reserves until it is needed. Staff is requesting that a total of $3,800 in the Gift Catalog Reserves be appropriated, $3,300 for additional tree plantings and $500 for use in our Alternative (Special Populations) Program. 16. Items Related to the Installation of Concrete Pavement at the College Prospect and College/Drake Intersections. A. Resolution 90-60 Authorizing the Mayor to Enter into an Intergovernmental Agreement with the State for the Purpose of Obtaining $710,000 for Intersection Improvements on College Avenue. B. Hearing and First Reading of, Ordinance No'..., 48, 1990, Appropriating Unanticipated Revenue in•the Capital. Projects Fund for Intersection Improvements on College Avenue. EM May 1, 1990 Engineering staff has been working with the Colorado Division of ' Highways (CDOH) to identify opportunities to improve some of the intersections along College Avenue. The CDOH has offered to provide $710,000 to the City to replace the existing asphalt pavements with concrete pavements at the College/Prospect and College/Drake intersections. These concrete pavements will correct the severe rutting problems at the intersections. Construction is scheduled to occur in 1991. Both intersections are slated for capacity improvements (additional lanes and signal modifications) in subsequent years in conjunction with the Choices Capital Improvement Program. 17. Items Relating to the Purchase of Additional Water Supplies. 19. Resolution 90-61 Authorizing the Purchase of 98 Shares of North Poudre Irrigation Company Water. Hearing and First Reading of Ordinance No. 49, 1990, Appropriating Prior Year Reserves in the Water Fund. Growth in the Fort Collins service area is expected to continue at a moderate pace during the next several decades. With present market conditions, it is believed that acquiring additional supplies in advance of the City's actual needs is prudent. This Resolution specifically pertains to the: A) Larimer County Sheriff's Department; B) Colorado State University; C) District Attorney of the Eighth Judicial District. Over the past four years the Wastewater Utility has used the Insituform Sleeving Method to reline and restore over 7,000 lineal feet of existing six, eight and ten inch sewer mains and service connections. The method has been successful because it does not require any excavation of the street, minimizing disruption to citizens, businesses and traffic. In addition, there is a cost savings of between 5 to 40 percent, compared to conventional excavation and replacement methods, depending on the size and location of the line. This year, funds were budgeted for the relining of approximately 4,000 lineal feet of sewer mains, at a cost not'to exceed $350,000. 20. Resolution 90-64 Approving the Nomination of Susan Kirkpatrick to the Board of Directors of the Colorado Municipal League. This Resolution formally approves the nomination of Mayor Susan I Kirkpatrick to the Colorado Municipal League's Board of Directors. 3VE May 1, 1990 ' In 1989, Council approved two Resolutions nominating Ms. Kirkpatrick for vacancies on the CML Board. The Resolution formally approves the nomination of Mayor Kirkpatrick as a candidate at this year's CML's Executive Board election and expresses the Council's continued strong support for her election to this Board. 21. Routine Deeds and Easements. a. Powerline easement from Richard VanZuiden and Ruth E. VanZuiden, 501 E. Prospect, needed to install a 2' X 8' electric oval vault. Monetary consideration: $32. ($2/sq. ft.) b. Powerline easement from Mark Harris Gluckstern and Dianne Lynn Gluckstern, 1619 Peterson Place, needed to install a 5' X 8" electric oval vault. Monetary consideration: $80. ($2/sq. ft.) c. Powerline easement from Mary Kathryn Rae, 1608 Peterson Place, needed to set secondary electric vault and to underground existing overhead electric services. Monetary consideration: $10. d. Powerline easement from Wilson E. Wilmarth, 1620 Mathews Street, needed to underground existing overhead electric services. Monetary consideration: $10. e. Powerline easement from Earl K. Knox and Earlene S. Knox, 420 Parker Street, needed to set secondary electric box. Monetary consideration: $10. f. Easement from Northwood Investment Company for an easement located at the southwest corner of Shields Street and Prospect Road needed for stormwater purposes and wetland preservation. Monetary consideration: $10. g. Easement from Federal Deposit Insurance Corporation and Seattle First National Bank for an easement located at the southeast quadrant of Shields Street and Prospect Road needed for Canal Importation Master Plan. Monetary consideration: $10. Ordinances on Second Reading were read by title by Wanda Krajicek, City Clerk. Item #7. Item #8. -920- May 1, 1990 Item #9. Item #10. (FAUS) Fund. Item #11. Ordinances on First Reading were read by title by Wanda Krajicek, City Clerk. Item #12. Item #13. Item #14. Item #15. Item #16. B. Item #17. B. Councilmember Edwards made a motion, seconded by Councilmember Maxey, to adopt and approve all items not removed from the Consent Calendar. Yeas: Councilmembers Edwards, Horak, Kirkpatrick, Mabry, Maxey, and Winokur. Nays: None. THE MOTION CARRIED. 921- May 1, 1990 ' Ordinance No. 44, 1990, Amending Chapter 5 of the Code Relating to the Waiver of Fees for the Purpose of Economic Development, Adopted on First Reading as Amended Following is staff's memorandum on this item: "EXECUTIVE SUMMARY At the February 27 worksession on economic development, staff presented three options relating to the consideration of an expanded economic development policy. These options were: Maintain status quo; proceed with existing policy on a case -by case basis. 2. Adoption of an ordinance authorizing the City Manager to discuss and negotiate with eligible industries the possible waiver of fees utilizing administrative criteria for the evaluation of the firm. This criteria will focus on a firm's compatibility with community values as well as the financial impact of a fee waiver. 3. Adoption of an ordinance setting policy details and criteria. ' During the worksession, Council indicated a preference for option 2 which will enable the City Manager to discuss the possible waiver of fees with eligible industries and bring a recommendation to Council for consideration and final determination. The proposal is just one aspect of the overall Economic Development Strategy and will complement the existing Industrial Development Incentive Program which enables the City to consider granting a waiver of street oversizing fees up to a maximum of $5O,00O for qualifying base industrial firms. The purpose of the Ordinance is to establish a policy under which certain exceptional, larger industries may be considered, on a case -by -case basis for additional fee waivers. The Ordinance further stipulates that any such additional fee waivers be granted only in the case of industries whose operations are compatible with the overall policies, plans and objectives of the City and will provide revenues equal to or greater than the fees waived. The Ordinance provides a sufficient grant of;' authority for the waiver of Fees which are otherwise mandatory;and permits administrative criteria to be established which will guard against allegations of arbitrariness in the selection process. It will also help ensure that particular waivers will have sufficient public purpose and provide an adequate return to the City." ' City Attorney Roy read the section number changes into the record. -922- May 1, 1990 Councilmember Edwards made a motion, seconded by Councilmember Maxey, to adopt Ordinance No. 44, 1990 as amended on First Reading. Mayor Winokur asked about a provision to replenish money lost to fee waivers. City Manager Burkett stated there was not a provision to replenish money lost to fee waivers in the original ordinance and added that the City Attorney had prepared two options which addressed the issue. City Manager Burkett stated that Option 1 provides that at the time Council adopts a waiver under the ordinance, money would be appropriated to cover the waiver of fees. He stated that Option 2 provides that at the time Council adopted a waiver under the proposed ordinance, Council would then adopt a plan that would recover the waived fees. He pointed out in Option 1, Council would identify the amount of money available for appropriation to cover the fees and noted Option 2 provided flexibility to treat the issue on a case -by -case basis while identifying a plan which could be a multi -year plan to cover the waived fees. Councilmember Winokur noted the importance of establishing the policy prior to implementation and stated he preferred the City establish a formal policy regarding economic development. He encouraged staff to develop a resolution formalizing the policy statement on economic development and components coupled with the ordinance and brought to Council as an agenda item. Councilmember Winokur made a motion, seconded by Councilmember Horak, to postpone consideration of Ordinance No. 44, 1990 as amended until May 15, 1990. Mayor Kirkpatrick stated she was pleased with the amended version of the ordinance and expressed appreciation to staff for its work on the item. She supported replenishing money that had been lost to fee waivers and stated the policy should be used in exceptional cases. She stated the idea of a resolution on the City's overall economic development program was an acceptable idea and noted it was not necessary to consider the ordinance and the resolution together. The vote on Councilmember Winokur's motion to postpone consideration of Ordinance No. 44, 1990 as amended was as follows: Yeas: Councilmembers Horak and Winokur. Nays: Councilmembers Edwards, Kirkpatrick, Mabry, and Maxey. THE MOTION FAILED. The vote on Councilmember Edwards' motion to adopt'Ordinance No." 44, 1990 as amended on First Reading was as follows: Yeas: Councilmembers Edwards, Horak, Kirkpatrick, Mabry, and Maxey. Nays: Councilmember Winokur. THE MOTION CARRIED. 923- May 1, 1990 Ordinance No. 45, 1990, Adding Section 17-126 to the Code of the City of Fort Collins to Prohibit Certain Begging Practices in Public Places, Failed Following is staff's memorandum on this item: "EXECUTIVE SUMMARY During the past few months, Police Services has received a number of complaints regarding citizens being accosted on the streets and in parking lots by transients begging for money. These individuals have been observed begging alone, as well as in groups of three or more, and can be quite intimidating. Currently there is no municipal ordinance regulating this behavior. This ordinance is being proposed to fill that void in the City Code." Councilmember Maxey made a motion, seconded by Councilmember Mabry, to adopt Ordinance No. 45, 1990. Division Commander Brad Hurst described the complaints received by Police Services from citizens who were accosted in public places by transients begging for money and pointed out that the ordinance was not intended to ' make begging for money illegal. He referred to court decisions protecting panhandling (begging for money) as free speech activity and likened the cruising issue to panhandling. He stated the ordinance specifically prohibited begging done in an intimidating or harassing manner and stated Police Services believed the ordinance would allow the outcome of the cases to be more effective. Councilmember Maxey suggested the need for an amendment to the Ordinance to include the word "gestures". Councilmember Mabry accepted Councilmember Maxey's suggestion as a friendly amendment to his second of the original motion. Councilmember Winokur commented on placing the ordinance under "Begging Practices" and asked if only beggars could insult, harass, and intimidate citizens. Brad Hurst stated that it was not Police Services' intent to set unclear limitations and stated there were other statutes which dealt with behavior that is construed to be harassing. He stated the ordinance was more specific and added that State statute covers behavior intended to harass, annoy, or alarm. He stated that. the State statute had a prima facia list (10-15 short paragraphs) which 'definedharassment and noted it would apply to anyone who displayed similar behavior. -924- May 1, 1990 Councilmember Winokur commented on expediting the local judicial process ' and asked about the placing the requirement in the Code so it would apply to all citizens. Brad Hurst stated there was no reason why the provision could not be included in the Code and stated that the ordinance was brought specifically to deal with the begging situation. Councilmember Horak expressed concern that a certain class of people would have the "book slapped at them" because other people find it uncomfortable to be around them and he expressed concern about the wording of the ordinance applying to one class of people. He stated that he was concerned how Police Services would enforce the ordinance. Brad Hurst stated the Police Services would enforce the ordinance under any circumstance where people were asking for money and causing harassment, fear, or intimidation by their manner. He added that factors such as how they are dressed would not enter into the enforcement of the ordinance. Councilmember Horak asked if the ordinance covered harassing telephone calls which solicited money. Brad Hurst stated the call would be deemed as harassing if caller would not take no for an answer and stated the call would not be covered under the ordinance as it is currently written. He referred to the State statute ' that covers harassing phone calls. Councilmember Winokur stated he would not support the ordinance and compared it to a noise ordinance situation with unwanted ramifications. He stated the ordinance singled out a certain class of individuals (typically the homeless) for sanction and stated he did not believe municipal ordinances should single out classes of people. He stated the ordinance should apply to all classes of people regardless of their activities. Councilmember Mabry spoke in support of the ordinance and stated he understood the ordinance would apply to all citizens without singling out any particular group regardless of looks or location. He stated he saw no reference to the homeless in the ordinance and stated the ordinance dealt with unacceptable behavior. He stated begging was a behavior that the citizens of Fort Collins should not be subjected to and stated he believed the ordinance applied to all people. Councilmember Edwards stated he would -support the ordinance and described a personal experience of harassment by.. someone was asking for money. He stated the ordinance was targeted at the behavior, not at a specific class of people. He stated the ordinance attempted to: deter anyone who might violate the provisions. Councilmember Winokur stated that the State statutes address harassing, I intimidating, and threatening behavior on people engaged in other practices and stated Ordinance No. 45, 1990 singles out people engaged in begging. 925- J May 1, 1990 ' Mayor Kirkpatrick stated she would not support the ordinance and agreed the ordinance did not single out a specific class of people. She stated the ordinance focused on behavior and noted it was difficult to regulate human behavior. She stated she was hesitant to become involved in an attempt to regulate human interaction by adding another regulation and stated she did not believe the appropriate community response to the urban problems would be to impose jail sentences or fines. The vote on Councilmember Maxey's motion to adopt Ordinance No. 45, 1990 on First Reading as amended was as follows: Yeas: Councilmembers Edwards and Maxey. Nays: Councilmembers Horak, Kirkpatrick, Mabry, and Winokur. THE MOTION FAILED. Items Related to the Installation of Concrete Pavement at the College/ Prospect and College/Drake Intersections Following is staff's memorandum on this item: "FINANCIAL IMPACT This action appropriates $710,000 in unanticipated revenue made available by the Colorado Division of Highways to fund improvements at the intersections of College and Prospect and College and Drake. These improvements were not included or funded in the Choices 95 projects scheduled for these locations in future years. EXECUTIVE SUMMARY Resolution 90-60 Authorizing the Mayor to Enter into an Intergovernmental Agreement with the State for the Purpose of Obtaining $710,000 for Intersection Improvements on College Avenue. Hearing and First Reading of Ordinance No. 48, 1990, Appropriating Unanticipated Revenue in the Capital Projects Fund for Intersection Improvements on College Avenue. Engineering staff has been working with the Colorado Division of Highways (CDOH) to identify opportunities to improve some of the intersections along College Avenue. The CDOH has offered to provide $710,000 to the City to replace the existing asphalt pavements with concrete pavements at the College/Prospect and College/Drake intersections. These concrete pavements will correct the severe rutting problems at the intersections. Construction is scheduled to:occur in.1991. Both intersections are slated for capacity improvements (additional lanes and signal modifications) in subsequent years in conjunction with the Choices Capital Improvement I Program. -926- May 1, 1990 BACKGROUND I Last fall Engineering staff began talking with the Colorado Division of Highways (CDOH) about improving College Avenue --particularly about addressing the problem of rutted asphalt pavements at some of the major intersections. In December, the CDOH District IV office in Greeley advised staff it was looking into the possibility of replacing some of the asphalt intersections on College Avenue with concrete. The Choices 95 Capital Improvement Program includes projects to increase the intersection capacities at College & Prospect (construction scheduled for 1992) and College & Drake (construction scheduled for 1996). The budgets for these projects will provide the necessary capacity improvements --right-of-way acquisition, turning lanes, and signal modifications. There are not sufficient funds in these project budgets to replace the existing asphalt pavements with concrete. Staff saw the possibility of obtaining CDOH funds for concrete intersections as a very timely opportunity to solve the rutting problems at College & Prospect and College & Drake in advance of the Choices 95 projects. The CDOH has agreed to provide $710,000 from gas tax revenues for the College Avenue intersection improvements. The City will be responsible for designing the improvements and managing the construction, with the CDOH reviewing the work for compliance with its standards. The CDOH funding is conditioned upon the City bidding the construction before July 1991, with construction to occur that summer. The funds are being appropriated now to ' enable Engineering staff to begin work on the designs. Staff's initial estimates indicate that the $710,000 will allow the City to place concrete within the intersections and the acceleration and deceleration areas on College Avenue, but may not allow the placement of concrete in the acceleration and deceleration areas on the cross streets --Prospect and Drake. Final designs and cost estimates should be available late this summer. Staff will also be working on construction techniques, schedules, and traffic control plans to try and minimize the impact on traffic for the initial concrete pavement placement in 1991 as well as for the later Choices 95 construction at the intersections in 1992 and 1996." Engineering Manager Marc Engemoen gave a brief presentation regarding the $710,000 from the State Department of Highways to be used for concrete improvements. He stated the contract before Council provided the funding to make concrete improvements at both College/Prospect and College/Drake intersections and noted the conditions the state placed on the improvements would insure completion before July 1, 1992. He noted the state's offer presented concerns regarding the -. construction schedule and the amount of traffic disruption on College Avenue. He stated the construction had been very carefully planned around the CSU football games and noted when the contractor is determined, special 'activities will be taken into account with respect to the contractor's work schedul"e. ' -927- May 1, 1990 ' Councilmember Edwards asked about doing each intersection completely while incorporating the Choices 95 components and asked about the traffic flowing smoothly through other intersections during the construction. Marc Engemoen stated the problem centered on the right-of-way acquisition and noted the capacity improvements would be done as part of Choices 95. He stated the projects will demand coordination in terms of limiting traffic disruption and stated it was possible that signal timing may change at the impacted intersections. He stated that staff will look at the issues associated with the neighboring intersections that might receive additional traffic prior to the beginning of construction. Councilmember Winokur made a motion, seconded by Councilmember Edwards, to adopt Resolution 90-60. Yeas: Councilmembers: Edwards, Horak, Kirkpatrick, Mabry, Maxey, and Winokur. Nays: None. THE MOTION CARRIED. Councilmember Maxey made a motion, seconded by Councilmember Mabry, to adopt Ordinance No. 48, 1990 on First Reading. Yeas: Councilmembers: Edwards, Horak, Kirkpatrick, Mabry, Maxey, and Winokur. Nays: None. THE MOTION CARRIED. ' Items Relating to the Purchase of Additional Water Supplies Following is staff's memorandum on this item: "FINANCIAL IMPACT Reserves in the Water Fund will be reduced by approximately $1,800,000 as a result of purchases contemplated during the next several months. Purchases authorized by Resolution 90-61 will reduce the reserves by $509,600. The Water Fund Reserve includes approximately $3,350,000 which has been designated for water purchases. EXECUTIVE SUMMARY A. Resolution 90-61 Authorizing the Purchase of 98 Shares of North Poudre Irrigation Company Water. Hearing and First Reading of Ordinance No. 49, 1990, Appropriating Prior Year Reserves in the Water Fund. Growth in the Fort Collins service area is expected to continue at a moderate pace during the next several decades. With present market ' conditions, it is believed that acquiring additional supplies in advance of the City's actual needs is prudent. Im May 1, 1990 During the last four years, City Council, Water Board, and Utility staff have become increasingly aware of increased competition for water along the Northern Front Range of Colorado. From approximately 1980 to 1986 the price of water in this area declined to only about one-third of its 1980 value. In the last several years prices have begun to rise again and are now approximately 50Y of their 1980 values. With continued competition and speculation on water resources in this area, it is believed desirable for the City to purchase additional supplies while the prices are still at relatively low levels. The cost of developing water supplies for the Denver area are currently several times higher than the price of water supplies in northern Colorado. The Water Board and Utility staff have reviewed several opportunities to acquire additional water supplies and recommend that the City should proceed with these purchases. Several opportunities which are currently under negotiation have been identified and it is anticipated that they can be completed in the next several months. A total of approximately $1,800,000 will be needed to complete the purchase of these supplies. Approximately $3,350,000 ($3,110,000 from cash in -lieu -of water rights and $240,000 remaining from the 1989 bond proceeds) is currently available from funds designated for purchase of raw water. A total of 98 shares of North Poudre Irrigation Company (NPIC) have been offered to the City and agreements have been entered into contingent upon City Council approval. The yield from NPIC shares range from about 4.0 to 7.0 acre feet per share. This water will be delivered primarily through Horsetooth Reservoir and is considered an excellent source for Fort Collins. Resolution 90-61 would authorize the following purchases: Name Type Ouantity Price Cost 1. Foster NPIC 49 shares $5,200/share $254,800 2. D. Matsuda NPIC 24 shares $5,200/share $124,800 3. Matsuda Farms NPIC 25 shares $5,200/share $130,000 Total $509,600 Ordinance No. 49, 1990 will appropriate $1,800,000 from the Utility's reserves in the Water Fund for the purchase of the above listed water as well as additional water supplies that are currently being considered." Councilmember Winokur expressed concern about appropriating $1.3 million for purchases that amount to $509,600. Water Resources and Planning ManagerV Dennis Bode 'noted the opportunities before the City and commented on another large purchase that will be coming before Council in May. He noted the importance of timing with respect to price increases and commented on a large appropriation during 1989 which included funds for purchases that were not completely ready. Councilmember Winokur expressed concern regarding appropriations for unknown purchases and the potential for Council conflicts of interest. -929- May 1, 1990 ' City Attorney Roy commented on the conflict of interest issue with respect to a Councilmember not being aware of a purchase funded by the appropriation and stated it would be impossible to declare a conflict in advance. Councilmember Maxey made a motion, seconded by Councilmember Edwards, to adopt Resolution 90-61. Yeas: Councilmembers Edwards, Horak, Kirkpatrick, Mabry, Maxey, and Winokur. Nays: None. THE MOTION CARRIED. Councilmember Maxey made a motion, seconded by Councilmember Mabry, to adopt Ordinance No. 49, 1990 on First Reading. The vote on Councilmember Maxey's motion to adopt Ordinance No. 49, 1990 on First Reading. Yeas: Councilmembers Edwards, Horak, Kirkpatrick, Mabry, Maxey, and Winokur. Nays: None. THE MOTION CARRIED. Resolution 90-62 Authorizing the Mayor to Enter into Intergovernmental Agreements Allowing Other Regional ' Law Enforcement Agencies to Use the City of Fort Collins Indoor Police Training Facility, Ad Following is staff's memorandum on this item: "FINANCIAL IMPACT Under the agreements, the A) Larimer County Sheriff's Department will pay the City $8,000; B) Colorado State University will pay the City $1,400; C) District Attorney will pay the City $450; for facility use in 1990, based upon the agency's fiscal year. The fee charged is determined by the agency's expected use of the facility and will pay the 0&M costs of the agency's use as well as a portion of the 0&M costs incurred by Police Services. Total facility 0&M costs are estimated to be $24,000. Approval of all three agreements will bring $9,850 into the City to fund 0&M costs. EXECUTIVE SUMMARY This Resolution specifically pertains to the: A) Larimer County Sheriff's Department; B) Colorado State University; C) District Attorney of the Eighth Judicial District. Currently, Police Services is leasing, with an option,to purchase, the Indoor Police Training Facility, which includes an indoor shooting range, ' classroom and physical skills training area. This facility is used by Police Services to train officers in critical job skills, i.e., firearms training and proficiency; arrest control, defensive tactics and baton -930- May 1, 1990 training; CPR and 1st Aid training; crime scene and communication skills ' training. Management and use of the facility is coordinated through the Fort Collins Police Services Training Unit. Under the intergovernmental agreements, outside law enforcement agencies will be permitted to use the facility for law enforcement related training. Mutual police training needs can be enhanced by permitting inter -agency use of the facility. Police Services continues to be approached by other regional law enforcement agencies seeking to use the facility. Additional intergovernmental agreements are anticipated. Each agreement specifies the number of hours each agency may use the facility; fees charged; permitted weapons and ammunition; permitted use of the facility; and, to the extent possible, indemnification provisions." Councilmember Edwards asked about the fees charged other agencies. Division Commander Bud Reed commented on the operational costs of the range (approximately $24,000 annually) and stated approximately $80 per hour was a fair price for use of the range. He stated the Larimer County Sheriff's Office fee was $8000 annually and stated they would pay additional fees should the annual limit be exceeded. Councilmember Winokur made a motion, seconded by Councilmember Horak, to adopt Resolution 90-62. Yeas: Councilmembers Edwards, Horak, Kirkpatrick, Mabry, Maxey, and Winokur. Nays: None. Councilmember Reports Councilmember Edwards reminded Council and the public that on Wednesday, May 2, at 7:00 p.m., a Public Hearing will be in the Council Chambers and encouraged public input on cable TV service. He encouraged the public to come to City Hall or phone in their comments during the Public Hearing. He noted the Public Hearing would also be cablecast on Channel 27. Mayor Kirkpatrick stated she was contacted by the group "Clean Water Action" and noted they are interested in environmental changes. She stated fourteen members of the group would be in Fort Collins until May 15 conducting a petition drive and asking questions about regulating chlorofluorocarbons. Ordinance No. 43, 1990, Appropriating Prior Year Reserves in the General Fund. Adopted on Second Reading Following is staff's memorandum on this item: -931- May 1, 1990 ' "EXECUTIVE SUMMARY Pursuant to Resolution 89-208, the Poudre River NRA Task Force made findings pertaining to legislative and management aspects of a potential National Recreation Area on the Poudre River. The Task Force found that it is possible to draft NRA enabling legislation that is appropriate and sensitive to local values, and that a willing and capable federal managing partner is available to participate in an NRA. However, the Task Force recommended that the City instead pursue an alternate designation, National Heritage Corridor (NHC). The NHC designation allows for national recognition of the Poudre River and federal assistance to develop a plan for the river corridor, without the federal intervention in local affairs that is inherent in NRA's. The Task Force recommended that the focus of the NHC be on an examination and explanation of the Poudre River as an example of the social and environmental outcomes of water development and river basin management in the western United States. The Task Force also recommended that a phased implementation strategy to obtain NHC designation begin immediately. Phase 1 work would continue through 1990, and address local efforts to set the stage for designation. On April 17, Council adopted by a vote of 6-0 Resolution 90-56 Endorsing ' the Findings and Recommendations of the Poudre River National Recreation Area (NRA) Legislative and Management Task Force and Directing Staff to Pursue National Heritage Corridor Designation. Also on April 17, Council adopted on First Reading by a vote of 6-0 this Ordinance which appropriates $32,500 in General Fund Reserves to a project fund allowing Phase 1 work to begin." Councilmember Winokur withdrew from discussion and vote on this item due to a perceived conflict of interest. Councilmember Mabry made a motion, seconded by Councilmember Horak, to adopt Ordinance No. 43, 1990 on Second Reading. Yeas: Councilmembers Edwards, Horak, Kirkpatrick, Mabry, and Maxey. Nays: None. (Councilmember Winokur withdrawn) Appeal of the Final Decision of the.. Planning and Zoning Board'.on March 26;; 1990, Denying the Col.l•inshaus PUD, Preliminary and Final Plan. Following is staff's memorandum on this item: -932- May 1, 1990 "EXECUTIVE SUMMARY I On March 26, 1990 the Planning and Zoning Board denied the Collinshaus PUD, Preliminary and Final Plan when a motion to approve the plan failed by a 2-5 vote. On April 6, 1990, an appeal of that final decision was made for the appellant, Steven and Kelley Shreiner, by George H. Hass. DESCRIPTION OF PROJECT The Collinshaus PUD, is a preliminary and final plan consisting of a request to increase the number of residents at an existing group home from 10 to 12 senior residents. The site is located at 401 E. Swallow and is zoned R-L-M, Low Density Multiple Family. The Collinshaus Group Home was approved by the Planning and Zoning Board in 1983, to house 10 senior residents, the Live-in owners and two staff. The 4,300 square foot structure was built for the group home and for living space for the original owners of the property. The request to increase the number of senior residents to 12 must be submitted as a Planned Unit Development, since the current Group Home Ordinance otherwise limits the number of residents at this group home to eight (excluding supervisors), based on the zoning and the lot size (13,800 square feet). The proposed PUD plan was evaluated against the "All Development Criteria" ' Chart of the Land Development Guidance System. Groups homes are treated as a residential use under the LDGS; however, since the Residential Density Chart is applicable only for calculating residential density (number of dwelling units per acre), the point chart was not used to evaluate this proposal. The location of this group home is in proximity to shopping, parks and public transit, which addresses several City land use policies. Planning staff found the proposed project met the applicable "All Development" criteria of the Land Development Guidance System and that the increase in two residents would not create any additional impacts. On this basis, staff recommended approval of the Collinshaus PUD, Preliminary and Final Plan. The Planning and Zoning Board denied the Collinshaus, PUD Preliminary and Final Plan when a motion to approve the plan failed on a 2-5 vote at the March 26, 1990 Board meeting. In failing to approve the plan, the Planning and Zoning Board expressed concerns regarding the proposed increase in the number of residents, which exceeds the allowable number of residents under the City's Group Home Ordinance, and concerns regarding social compatibility with the proposed increase. THE APPEAL The appellant has filed the appeal on the following grounds: ' 933- May 1, 1990 1. The Planning and Zoning Board committed an abuse of discretion by making a distinction between "residents" and "live-in" managers. 2. The Planning and Zoning Board failed to properly interpret, apply and violated Section 13-16 through 13-25 of the Fort Collins City Code, which is the Human Relations and Anti -Discrimination Ordinance, by making a distinction between elderly "residents" of the group home and "live-in" managers. 3. The Planning and Zoning Board misinterpreted and misapplied Section 29-526 and Section 29-162(3) of the Fort Collins City Code, which is the Land Development Guidance System for Planned Unit Developments and the provision for pursuing approval for any land use through the PUD process in the R-L-M Zone, by referencing the Land Development Guidance System as being a way to "circumvent" the Group Home Ordinance. 4. The Planning and Zoning Board violated and misapplied Section 29-541 of the Fort Collins City code, which is the Nonconforming Uses and Structures Ordinance, by considering the change from "live-in" managers to "residents" a request of Planned Unit Development significance. These grounds of appeal (abuse of discretion and failure to properly interpret and apply City Code) are valid as set forth in Section 2-48 of the Code. ' SCOPE OF COUNCIL CONSIDERATION OF APPEALED PRELIMINARY The issues that the Council must resolve in this appeal are two -fold: 1. Did the Board abuse its discretion by making a distinction between "residents" and "live-in" managers? 2. Did the Board fail to properly interpret and apply relevant provisions of the Code?" Councilmember Winokur made a motion, seconded by Councilmember Horak, to hear the appeal based on the sufficiency of the grounds. The vote on Councilmember Winokur's motion to hear the appeal based on the the fact that the grounds conform to the Code requirements was as follows: Yeas: Councilmembers Edwards, Horak, Kirkpatrick, Mabry, Maxey, and Winokur. Nays: None. THE MOTION CARRIED. City Attorney Roy presented a brief overview;of the appeal procedure. He stated it was an appeal on the record of the proceedings before the Planning and Zoning Board. New evidence is not permitted at the Council ' Hearing as opposed to argument. -934- May 1, 1990 City Planner Sherry Albertson -Clark stated that the Collinshaus PUD request was a preliminary final plan that contained a request to increase the number of senior residents at the group home from ten to twelve. She stated the proposal was submitted as a planned unit development (the increased number of residents exceeded the maximum number of eight residents allowed in a group home residence) under the City's Land Development Guidance System and was evaluated against the Guidance System's all development criteria. She stated that the Planning staff found the proposal met the applicable all development criteria, and staff recommended approval on the basis that no additional impacts will be created by the increase of two residents. She stated the proposal was considered and denied by the Planning and Zoning Board, and boardmembers expressed concern regarding the increase in the number of residents over the number allowed by the City's group home ordinance and concerns about social compatibility. She stated the four grounds of appeal alleged that the Planning and Zoning Board abused its discretion by making a distinction between the residents and live-in managers; failed to properly interpret, apply, and violated certain sections of the City Code regarding human relations and anti -discrimination; misinterpreted and misapplied various sections of the City Code which essentially were the Land Development Guidance System (City's PUD Ordinance); and violated and misapplied the City's non -conforming use Code in considering a planned unit development versus a non -conforming use. She noted the property was zoned R-L-M (medium density residential). She stated that the proposed PUD reflected no changes to the exterior of the building or to the site (no additional parking, paving, or landscaping). Councilmember Edwards asked what criteria in the Land Development Guidance System were cited in order to deny the request. Sherry Albertson -Clark stated there were no specific criteria cited during the Planning and Zoning Board's review and noted the board mentioned concerns regarding the increase in the number of residents at the facility and potential social compatibility problems. Mayor Kirkpatrick limited the appellant's speaking time to twenty minutes. George Hass, attorney for appellants Steve and Kelley Schreiner, owners of the Collinshaus Group Home, stated that the Schreiners purchased the Collinshaus with the idea of continuing to operate it as an elder care group home. The former owners lived in and operated Collinshaus as a group home and received permission from the City's Planning, and Zoning Board in 1983 to have a maximum of twelve residents in Collinshaus, consisting of elderly paying client -type residents and owner live-in.manager staff. He stated that the Schreiners are within- the parameters of the City's anti -discrimination ordinance, which' does not prohibit housing discrimination against the elderly. He noted .the City's ordinances do prohibit housing discrimination against disabled%citizens and stated the residents of Collinshaus are within that classification of the ordinance. He stated that notice was given to all neighboring residents and no citizens came to the Planning and Zoning Board's meeting to speak against -935- May 1, 1990 ' the zoning and noted that after discussion by the Planning and Zoning Board's Chairman, the item was turned down. He noted the grounds of appeal centered around the Planning and Zoning Board's abuse of discretion, and the only evidence presented was that Planning staff had recommended approval and had found that the entire application was within the intent and purposes of the LOGS and Fort Collins' Group Home Ordinance. He stated no one appeared in opposition to the request, there was no written opposition to the request, and the request was denied based upon no evidence., He stated the Planning and Zoning Board was in violation of three City Ordinances and referred to the anti -discrimination ordinance. He questioned the reasons behind denying elderly citizens the right to live in that specific neighborhood. He noted that comments included that the substitution of two elderly citizens for the owners would significantly alter the nature of the structure, and stated there was no evidence to suggest significant alteration. He stated that the structure was to remain as built and as originally approved by the City, no exterior or interior modifications were proposed, no parking modifications were proposed, and no access modifications were proposed. He questioned the statement "...that including elderly (in this group home) was a sensitive issue..." He stated there was no evidence of social incompatibilty and commented on the blatant misunderstanding of the LDGS. He stated it was not a zoning application, but, rather an alternative way of obtaining an LDGS application and pointed out the Planning and Zoning Board refused to consider it under the LDGS. He stated the board referred back to traditional concepts with respect to densities, etc., and noted that the ordinances clearly stated that the ' application could be processed under zoning or the LDGS. He stated the Schreiners did not need to come before the City to obtain approval to substitute elderly residents for two owners, and stated the substitution carried no land use impacts. He stated the group home was a valid non -conforming use and should continue to operate. He asked Council to reverse the action of the Planning and Zoning Board, and order that the Schreiners be allowed to operate their group home with twelve residents in accordance with the submitted applications. Councilmember Edwards asked about non -conforming use with respect to the PUD application. George Haas stated it was a cautionary move by the Schreiners and stated the Schreiners believed the issue should be heard. He stated that he pointed out to the Schreiners that they would not be in violation of City ordinances if they did not go to the Planning staff to change the live-in manager's apartment to live-in residents. Councilmember Mabry asked if the decision of the Planning and Zoning Board were upheld, would the Schreiners move forward with their project as a non -conforming use. George Haas stated that it was an option available:'to the Schreiners, and he believed it was a non -conforming use for twelve people. Councilmember Winokur made a motion, seconded by Councilmember Horak, to overturn the Planning and Zoning Board's decision. -936- May 1, 1990 Councilmember Edwards asked if it was prudent to include the findings and ' reasons for the motion. City Attorney Roy stated it was appropriate and helpful to state the reasons for the record as to the decision that is made. Councilmember Mabry asked if the motion not only assumes overturning the Planning and Zoning Board decision but also the approval of the plan as a preliminary and final PUD. City Attorney Roy stated he believed that hearing the appeal and making a final ruling went hand -in -hand and added that this was not an appeal based on alleged procedural errors in which the matter could be remanded to the Planning and Zoning Board. He stated there would be no further opportunity for anyone to decide whether the proposed development should go ahead and added that the options available to Council were to uphold, overturn, or modify the decision. He stated the decision to uphold would be to deny the permission for the development to proceed, overturning the decision would entail the permission for the development to proceed, and modifying the decision would also allow it to proceed with some modifications. Councilmember Winokur clarified that his motion will overturn the Planning and Zoning Board's decision and approve the plan as a preliminary and final PUD. Councilmember Mabry spoke in favor of the motion and stated he believed the ' LDGS constitutes an acceptable alternative for seeking and obtaining land use approval separate and apart from other ordinances. He stated that two paying residents have no more or less impact than two owners living within the same building. Councilmember Winokur supported the motion and stated it was an appropriate submittal under the PUD process and referred to the issues of control, compatibility, planning, and traffic uses. He stated he believed it was appropriate to submit Collinshaus as a PUD and stated the occupancy change does not present measurable impacts on the neighborhood or on the character of the development. He spoke against the appellant's allegation that this was a violation of the human relations ordinance and stated he did not support the appellant's allegation that this was an amendment to an existing non -conforming use. He stated the non -conforming use issue was irrelevant and was new evidence to the record on appeal. Councilmember Edwards stated this was an application fbr'a PUD through the Land Development Guidance System and should be evaluated as such. He believed the boardmembers were swayed by frustration. Applying for a PUD was a way to get around the group home ordinance. He stated that was not justification for turning down a PUD application and commented on the social compatibilty criteria. He stated that two elderly individuals would not impact the neighborhood any more than live -"in managers and stated the ' Planning and Zoning Board erred in its discretion. -937- May 1, 1990 Councilmember Horak spoke in support of the motion and stated the issue of ' changing the group home ordinance was important with respect to the PUD process, but not relevant in this situation. He commented on staff's presentation of the group home ordinance criteria with respect to the Land Development Guidance System and stated he could not support the reasoning. He stated there was no evidence presented regarding the adverse effects. Mayor Kirkpatrick spoke in support of the motion and stated she believed the Planning and Zoning Board abused its discretion. She stated the Land Development Guidance System provides opportunities for local residents who might be impacted by proposed changes to comment on the issue and stated the distinction between live-in managers versus senior residents had no merit. The vote on Councilmember Winokur's motion to overturn the Planning and Zoning Board's decision and approve the Collinshaus Preliminary and Final PUD was as follows: Yeas: Councilmembers Edwards, Horak, Kirkpatrick, Mabry, Maxey, and Winokur. Nays: None. THE MOTION CARRIED. Mayor Kirkpatrick directed the City Attorney to prepare for Council consideration on May 15 a resolution containing the findings of fact consistent with Council's decision and stated the matter would be continued for Council's final decision upon consideration of that resolution. Ordinance No. 50, 1990, Assessing the Cost of Improvements in the Centre for Advanced Technology Special Improvement District No. 90, Adopted on Second Reading Following is staff's memorandum on this item: "FINANCIAL IMPACT This Ordinance assesses the district costs to the property owners benefitted by the improvements. As the property owners pay their assessment installments, the City will retire the SID bonds issued to Finance the construction. Cash flow projections confirm that the assessments, if paid when due, are adequate to meet the debt service on the outstanding bonds. EXECUTIVE SUMMARY In May of 1987, the City 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. &OX1.1 May 1, 1990 In accordance with Chapter 22 of the City Code, the City began the closeout ' of this District with the adoption of Resolution 90-40 which accepted the improvements and ordered a notice to be sent to property owners informing them of the assessments. A public hearing date of May 1, 1990 was set to hear any objections from the property owners. This Ordinance places an assessment against each property in the District and outlines the procedure for collection. The assessment amount for each property is listed in the attached assessment roll and includes the cost of construction, engineering, formation and financing of the District. BACKGROUND: The City formally established the Centre for Advanced Technology Special Improvement District No. 90 in May of 1987 by the adoption of Resolution 87-68, Resolution 87-69 and Ordinance No. 81, 1987. The City Engineer has inspected the completed improvements and has certified that all improvements except certain improvements within the right-of-way for Drake Road have been completed and that the completed improvements are acceptable. The costs of the remaining improvements to Drake Road have been determined to be in the amount of $57,282.57 and adequate moneys are available and appropriated from the proceeds of the bond issue to complete these improvements. Resolution 90-40 began the closeout and assessment process by ordering notice to property owners and setting a date (May 1, 1990) for public hearing on the assessments. The property owners in the ' district will be assessed for all costs associated with the construction, engineering, formation, and financing of the district improvements. Funding: Special Improvement District Bonds were issued by Ordinance No. 176, 1987 in the aggregate principal amount of $2,250,000 to finance the construction of district improvements. Street oversizing costs in the amount of $571,792 were appropriated at the time of creation of the district. An additional appropriation of $39,581 was approved by the passage of Ordinance No. 28, 1990. This provided the balance of funds to meet the City's obligations including the interim turn lane on Drake Road. Water main oversizing costs were paid by the Water & Wastewater Fund. The Parkland Fund paid for improvements adjacent to Rolland Moore Park. The total amount assessable against the property within the district was calculated as follows: Total Project Costs: $21915,876.90 City Street Oversizing Costs: (611,372.28) City Water Oversizing Costs: (69,287.77) City Cost of Park Improvements: (93,932.90) Direct Contribution by Everitt: (19,387.67) Total District Costs: $2,121;896.28 ' -939- May 1, 1990 ' Property owners have the option of paying the total principal amount of the assessment without interest if such payment is received by the City within thirty days after final publication of the assessing ordinance. If a property owner elects to pay the assessment in installments, the principal will be divided into twelve equal installments payable beginning on January 1, 1991 and ending January 1, 2002. The rate of interest charged on the unpaid principal is 8.929%, the net effective interest rate on the bonds. The interest accrual date is anticipated to be January 1, 1991. The total principal component of the first installment is expected to be $176,824.69. The total interest component of the first installment is estimated to be $16,091.47. Individual property owners can calculate their proportion of the total by using the proportion that their assessment bears to the total for the district. Finance Department staff has analyzed the cash flow from assessments and the debt service requirements. If assessments are paid on time, the debt service will be covered by the assessment payments. Charging an interest rate equivalent to the net effective rate payable on the bonds does not provide total protection against negative cash flows. Substantial default in payment of assessments would require transfer of City funds to the district to meet interest payments to bondholders. After the Ordinance is adopted, the Director of Finance will certify the assessment roll to the Larimer County Treasurer for collection of assessments. Recommendation: Staff recommends adoption of this Ordinance to close out the Centre for Advanced Technology Special Improvement District No. 90 and begin the assessment of the district costs to the property owners. This is the last special improvement district to be assessed." Councilmember Mabry withdrew from discussion and vote on this item due to a perceived conflict of interest. Financial Policy Analyst Susanne Edminster gave a brief presentation on the background of SID 90 Centre for Advanced Technology and noted it was the last SID to be assessed. She stated the City Clerk had not received any complaints or objections regarding the assessments. She stated the total assessable cost was $2,121,896.28 based on the actual construction cost of the improvements, engineering and construction management, capitalized interest, administration, and other miscellaneous fees. She stated the City Engineer had certified that the value of the improvements to the assessed land was at least equal to the amount of`the.assessments levied on the parcels. She stated the cash flow projections that had been done for the district indicated that if all the assessments are made on time, a potential for surplus funds to the district would be $252,000 or ' approximately eleven percent of the original bond issue. She stated the City will do a bond call on June 1, 1990 of $315,000 and stated the first call was originally anticipated to be in 1991. 6II10 May 1, 1990 Councilmember Maxey made a motion, seconded by Councilmember Edwards, to ' adopt Ordinance No. 50, 1990 on First Reading. Councilmember Winokur asked about the outcome of the surplus funds. Susanne Edminster stated it was staff's intention that the surplus funds will be returned to the property owners who have paid their assessments in the district and noted this was consistent with the new Code provisions. Councilmember Maxey asked about the 25% pledge with respect to this district. Susanne Edminster stated the 25% pledge was in affect at the time of the district's creation and noted that SID 90 and 91 did not pledge the surplus and deficiency fund. Councilmember Edwards asked if the construction on Drake was associated with SID 90. Civil Engineer Matt Baker stated the turn -lane construction costs amounted to approximately $57,000 and were included in the district. The vote on Councilmember Maxey's motion to adopt Ordinance No. 50, 1990 on First Reading was as follows: Yeas: Councilmembers Edwards, Horak, Kirkpatrick, Maxey, and Winokur. Nays: None. (Councilmember Mabry withdrawn) , THE MOTION CARRIED. Resolution 90-55 Authorizing the Abatement of Penalty Interest in the 1989 Consolidated Special Improvement District Adopted Following is staff's memorandum on this item: "FINANCIAL IMPACT It is anticipated that adequate funds will be available from the payment of assessments in the districts or from other funds appropriated by the City Council to pay all the principal and interest due on the special assessment bonds issued by the City for Pro vincetowne/Portner Special Improvement District #81 ("SID #81") and South'Lemay Specia 7' Improvement District #86 ("SID #86") and refunded through the issuance of bonds for the 1989 Consolidated Special Improvement District. -941- May 1, 1990 ' EXECUTIVE SUMMARY In accordance with the provisions of Ordinance No. 27, 1990, the Financial Officer has recommended that the City Council abate a portion of the penalty interest that has accrued on certain assessments owed on property in SID #81 and SID #86. Adoption of this Resolution will waive penalty interest on the Lake Shore Estates and Dueck properties for a period of eight months. BACKGROUND The City Code has been amended by Ordinance No. 27, 1990 to permit Council, by resolution, to abate all or any portion of an assessment (principal, accrued interest and penalty interest) in special improvement districts under certain circumstances upon the recommendation of the Financial Officer. The Financial Officer has recommended that the Council abate penalty interest during the period from September 1, 1989 through May 31, 1990 on certain assessments in Provincetowne/Portner SID #81 and South Lemay SID #86. It was during this time that the City reviewed three different reallocation proposals for the property owned by Lake Shore Estates and a subsidiary of the Dueck Companies. Because of the complexity of the reallocation, the Financial Officer conducted two hearings so that evidence could be presented and an equitable method of reallocation determined. The ' reallocation was then appealed to the Council and a public hearing was held. Council upheld the reallocation decision of the Financial Officer. The process of reallocation consumed a considerably longer period of time than is normally necessary. In addition, after the reallocation decision had been finalized, the City reviewed and approved legislation establishing the circumstances under which assessments could be partially abated. Because of the complexity of the reallocation, the time needed to determine an equitable reallocation, the review and hearing by the City Council, and the process necessary to pass legislation permitting the Council to abate penalty interest, the Financial Officer recommends that penalty interest be waived during that time period. Upon passage of this Resolution, the property owners will have a limited period of time in which to pay all delinquent assessments and benefit from this waiver of penalty interest. Those properties that remain in default will be subject to a special tax sale to be conducted by the Larimer County Treasurer." Councilmember Mabry withdrew from discussion and vote on this item due to a perceived conflict of interest. Financial Policy Analyst Susanne Edminster stated that in April, Council adopted Ordinance No. 27, 1990 which allowed the Financial Officer to recommend that Council abate all or any portion of 'the assessments including principal, interest, or penaltyk interest and noted the ' circumstances regarding abatements. Officer recommended abatement She stated the City's of nine months of penalty. Financial interest on assessments levied on property owned by Dueck Companies and Lake Shore -942- May 1, 1990 Estates in SID 81 and 86, based on the reallocation of assessments. An appeal subsequently came before Council, and Dueck Companies and the City ' have agreed to apply the proceeds of the street oversizing note against the assessments levied on Dueck Companies. She stated that such action would reduce the outstanding assessment amount on the property, lower the City's risk on the outstanding bonds, and increase the likelihood that the bondholders and City's interest would be served. She advised that the Dueck Companies had agreed to pay the delinquent assessment installments for SID 81, and staff believed the abatement of penalty interest reduced the Lake Shore assessments and therefore increased the chance that Lake Shore will pay the assessments which are in arrears. She spoke of the cash flow projections which took into consideration the abatement amount, and noted the remaining amount of penalty interest to be paid by Dueck Companies and Lake Shore was sufficient to cover the interest accruing on the bonds. She noted the number of tax certificates on the district currently held by the City, and stated the money will have to be taken from the newly created reserve fund in order to supplement the interest until the tax certificates mature. She noted the abatement will not contravene any covenant made to the bondholders and stated it was an equitable offer to the Dueck Companies and Lake Shore Estates. She stated the City's financial interest, rights, and interest of the bondholders were protected. Councilmember Maxey made a motion, seconded by Councilmember Edwards, to adopt Resolution 90-55. Councilmember Winokur asked if there was a signed agreement regarding the I application of the proceeds of the street oversizing note towards the assessment bonds. City Attorney Roy stated that the agreement had been fully executed and was on file with the City Clerk. The vote on Councilmember Maxey's motion to adopt Resolution 90-55 was as follows: Yeas: Councilmembers Edwards, Kirkpatrick, Horak, Maxey, and Winokur. Nays: None. (Councilmember Mabry withdrawn) THE MOTION CARRIED. Items for Possible Reconsideration Relating to the Lease/Purchase of Computer Equipment and Software Following is staff's memorandum on this item: "FINANCIAL IMPACT The total amount to be lease/purchased in this ordinance is $1,182,660. Payments at the 7.3% interest rate will not exceed $144,998 in 1990. Money for 1990 lease/purchase payments is appropriated in the 1990 Budget. ' $825,000 is for the upgrade of emergency services computer systems. On -going 0&M expenses on this upgrade will be financed from Police Services -943- May 1, 1990 budget. CSU Police will be paying for its portion of the initial purchase and on -going maintenance costs separately. $357,660 is for computer equipment and software for the WordPerfect mainframe word processing system to be paid from the Communications Fund. Both projects are well within a 3-year (best case) to 5-year (worst case) payback period based on our standard cost/benefit analysis method. EXECUTIVE SUMMARY CITY MANAGER'S RECOMMENDATION FOR RECONSIDERATION At the April 17 meeting, Resolution 90-50 was defeated by a 3-4 vote. The City Manager recommends reconsideration of the vote on the Resolution and has submitted information to the Council in support of his recommendation. Such reconsideration would require a motion by a Councilmember on the prevailing side of the previous vote on the Resolution. Consideration of Ordinance No. 39, 1990 would not require a motion to reconsider since no action was taken on the Ordinance. Resolution 90-50 Approving the Purchase of Computer Aided Dispatch Upgrades. B. Hearing and First Reading of Ordinance No. 39, 1990, Authorizing the Purchasing Agent to Enter into an Agreement for the Lease/Purchase Financing of Computer Equipment and Software. ' PUBLIC SAFETY SYSTEM UPGRADE PROJECT This Resolution approves the purchase of upgrades to the emergency services computer system. There are three major goals included in this system upgrade. The first is to automate Municipal Court, interfacing its operation with the police records system. The second is to replace the old ALERT records system. ALERT is currently used by CSU Police, Loveland Police, and minimally by Municipal Court. This upgrade allows Municipal Court and CSU Police to move their current limited operation from ALERT to the upgraded system which provides expanded and integrated operation with Fort Collins Police. Loveland Police is purchasing its own new system. The third goal is to upgrade the current four year old computer aided dispatch and two year old records management systems shared by police, fire, and ambulance to meet user requirements. WORDPERFECT PROJECT The replacement of the central word processing system will provide an enhanced central word processing system, increase the performance of the E-Mail system by removing central word processing from the HP computers, and begin the move of the office automation systems onto the VAX hardware platform, in compliance with the City's Long, Range Plan for Information Systems. -944- May 1, 1990 Cost Benefit Summary: The WordPerfect project has two parts: the PC portion and the VAX (mainframe) portion. The combined cost to the organization to replace Textpro and Volkswriter with WordPerfect is $555,380. The centralized portion will cost $431,000, of which $357,000 in hardware and software is recommended for lease/purchase financing. The consolidation of word processing to WordPerfect has between a 3.5 to 5 year payback. Both tangible and intangible savings will be obtained. Examples of some intangible benefits include: o Increases the City's return on PC investment by taking advantage of PC processing power for word processing, thus freeing central processing resources for other applications, and controlling its growth. o Consolidation of all the City's computer applications on the same computer hardware maximizes use of existing employee resources by focusing training and support. o Access to information will be improved as shared data is stored centrally. Funds for this project are available in the Communications Fund and paid by internal service user fees. Proposals were received on April 11, 1990 from 7 firms to provide lease/ purchase financing for the City's current computer requirements. The lowest net effective interest rate of 7.3% was received from Safeco Credit Company of Denver, Colorado. This rate is available until July 3, 1990. The proposed Ordinance authorizes the lease/purchase financing of the following equipment and software needed by the City: QUANTITY DESCRIPTION PUBLIC SAFETY SYSTEM UPGRADE PROJECT TOTAL COST LIFE 1 lot DEC Hardware $ 1 lot DEC software $ 1 lot Add'). hardware & software(not DEC)S 1 lot PRC software & service $ 1 lot MDI hardware & software $ 1 lot Chgs. for cabling building $ 1 lot 2 telephone lines, installed $ 1 lot Chgs. for rewiring computer room in Dispatch area $ 1 lot Contingency for CAD upgrade $ 1 lot Chgs to upgrade UPS and generator $ 193,915.00 5 14,610.00 5 48,551.00 5 340,859.00 5 59,961.00 5 20,000.00 5 1,200.00 5 5,000.00 5 50,904.00 5 90,000.00 5 SUBTOTAL 1 825,000.00 -945- May 1, 1990 IWORDPERFECT PROJECT 1 each EtherDat Unattended Tape backup for DEC VAX products on Ethernet/DECNet Network. $ 17,500.00 3 12 each Personal computers $ 24,000.00 3 1 each Terminal server chassis w/LAT interface, rack mount kit, 2-8 port cards, 1-8 port card w/modems $ 7,798.00 5 4 each RILC cards $ 4,800.00 5 1 each VAX Central Processing Unit $ 180,000.00 5 1 each DEC 32MB ECC memory $ 20,350.00 5 1 each DEC console terminal $ 2,151.00 5 1 each DEC console printer $ 660.00 5 1 each DEC Async controller $ 3,200.00 5 2 each DEC Disk Drives $ 44,671.00 5 2 each DEC Disk Interface Cables $ 772.00 5 1 each DEC HSC Data Channel $ 10,290.00 5 1 lot DEC Extended System Warranty $ 25,275.00 5 1 each WordPerfect 5.0 License for VAX $ 6,750.00 5 1 lot FMS license upgrade $ 5,943.00 5 1 each DMG software for VAX -FAX connection$ 3,500.00 5 ' SUBTOTAL $ 357,660.00 GRAND TOTAL $1,182,660.00" Councilmember Winokur made a motion to direct the City Manager to bring for Council consideration by June 5 a supplemental appropriation authorizing an acquisition of PCs and related equipment (at 1991 levels) as specified in ICS's long range plan. THE MOTION DIED DUE TO LACK OF A SECOND. Councilmember Maxey made a motion, seconded by Councilmember Mabry, to reconsider Resolution 90-50. Councilmember Horak asked, since the item had been previously defeated, how it was back on the agenda for Council consideration. City Attorney Roy explained the motion for reconsideration could only be made at the meeting in which the original vote occurred or at the following meeting and stated that within those :boundaries'; under the Code, the City Manager is charged with putting together the agenda. He stated that while it takes a Council vote in order to warrant reconsideration of an item that has been defeated, the City Manager has the prerogative to request that Council address the item within that meeting or the following meeting. ' Councilmember Horak asked what is the usual procedure for reconsideration of an item that has been defeated. XOir-2 May 1, 1990 Mayor Kirkpatrick stated that had the item been on the agenda that evening, ' with Councilmember Horak on the prevailing side of the decision to defeat the motion, he would have the option of bringing the motion back for reconsideration. Councilmember Mabry noted he was not on the prevailing side of the motion and stated he was in support of reconsidering the issue. He commented on Council being "saddled" with repeatedly looking at defeated items and stated he believed it was poor policy. He stated he would be comfortable if a Councilmember on the prevailing side believed an item should be reconsidered, it could be done under Other Business and then reconsidered at the following Council meeting. City Manager Burkett stated the circumstances were rare and agreed it would not be appropriate to continually bring defeated "issues back to Council. He stated staff believed some Councilmembers requested the item be reheard once additional information had been obtained and noted the importance of Council reconsidering the item. Councilmember Winokur commented on the proper procedure regarding reconsideration of an item and referred to the normal practice that Council follows under Other Business. City Manager Burkett reinforced that Council preferred that staff provide additional information for consideration and rely on Councilmembers to I bring up the item under Other Business. Councilmember Horak commented that the lease/purchase item was not clearly placed on the Agenda. Councilmember Maxey stated he was pleased with the additional information he received regarding the lease/purchase. The vote on Councilmember Maxey's motion to reconsider Resolution 90-50 was as follows: Yeas: Councilmembers Edwards, Kirkpatrick, Mabry, Maxey, and Winokur. Nays: Councilmember Horak. THE MOTION CARRIED. Councilmember Mabry made a motion, seconded by Councilmember Edwards, to adopt Resolution 90-50. Director of Administrative Services Pete Dallow gave a,brief presentation regarding the purchase of the CAD upgrades and noted the purchase requirements resulting from the negotiated purchase,',as opposed to a competitive bid process. He commented.on the lease/purchase financing for computer equipment, which included the CAD upgrade and the Word Perfect office automation project, and noted a cost benefit analysis information on both systems had been provided and the item had.been clarified with respect I to the needed equipment. -947- May 1, 1990 Councilmember Winokur asked about the direction of the integrated processing system with regard to a centralized versus distributive process. ICS Director Marsiea Dahlgren stated that the basic philosophy was towards distributive processing and limiting the resources that are centrally controlled to the basic foundation systems including the finance system, utility customer service system, and the systems that support the organization. She stated the Word Perfect project will support shared document functions (agenda process and budget process) so many departments can access the information. Councilmember Winokur asked if there was adequate funding in General Fund departments to provide for the available computing resources and asked if the enhancement would further accentuate the discrepancies between the computing resources at the central level versus the computing resources at the distributive level. Marsiea Dahlgren stated that some older PCs had been upgraded, and some PCs were scheduled for replacement during the project. Councilmember Mabry asked about the lease/purchase contingency. Director of Purchasing and Risk Management Jim O'Neill stated that all of the lease/purchase money was placed in an escrow account and approval must be received by the loaners of the contingency money before the City is ' allowed to spend the contingency money. He stated that some of the cabling costs could not be figured exactly. Councilmember Mabry stated that the final amount to be leased is not yet determined, but will not exceed $825,000 for the public safety portion of the purchase. Jim O'Neill stated the City will be charged interest and noted that the City will be earning interest while the money is in the escrow account. He noted the lease requirement stated that if the money is not spent, it will be returned to reduce the payment amount. Councilmember Maxey stated the Health and Safety Committee reviewed the information with respect to the safety aspect and stated the Committee members believed the issues involving Municipal Court, Police Dispatch, and PFA were in keeping with the entire project plan. Councilmember Winokur expressed concern regarding the cost benefit analysis and the size of the capital investment and expressed appreciation for the cost benefit information that had been provided. He stated after a tour and discussion with Ms. Dahlgren and her staff,: he was reassured that the upgrade was proceeding in the right direction' and. noted the upgrades were justified. He commented that the lack of workstation upgrades might jeopardize the long term ICS plan and create additional demands on ' centralized staff and resources. He spoke in favor of the motion and stated he would encourage bringing the remaining resources up to the current automation level to insure that access to the distributive process. mm May 1, 1990 Mayor Kirkpatrick noted the importance of a long range computer plan to address resource needs and stated "piecemeal" upgrade was not in the best interest of the City. She expressed appreciation to Council for reconsidering the issue. The vote on Councilmember Mabry's motion to adopt Resolution 90-50 was as follows: Yeas: Councilmembers Edwards, Horak, Kirkpatrick, Mabry, Maxey, and Winokur. Nays: None. fiJalmilmullffo llaftlle Councilmember Edwards made a motion, seconded by Councilmember Maxey, to adopt Ordinance No. 39, 1990 on First Reading. Councilmember Winokur made a motion, seconded by Councilmember Horak, to amend Ordinance No. 39, 1990 on First Reading by adding a Section 2 which will read, "The City Manager shall submit to the City Council an annual accounting of all costs incurred and benefits received by the City from the lease/purchase agreement which is herein and above authorized. Such report shall encompass the last preceding twelve month period. The first such report shall be submitted to the Council on or before September 30, 1991". Councilmember Winokur stated the amendment addressed the cost benefit analysis and commented on the lease/purchase arrangement revolving around a calendar year. He commented on the ability to terminate a lease/purchase with a thirty day notice before the end of the year. He encouraged evaluation of the budget appropriations for the next phase of the ICS plan for incorporation in the overall budget process. Councilmember Maxey asked about the twelve month reporting period. Councilmember Winokur stated the reporting period will include the previous year and stated he did not have a preference of the months included in the reporting period. He noted the importance of consistent reporting and suggested the City Manager determine the cut-off date for reporting. Mayor Kirkpatrick asked if it would difficult for staff to comply with the request. City Manager Burkett stated it will not be difficult for staff to comply with the request and stated the request made sense to link budget requests to the long range plan. Councilmember Edwards asked about pertinent lease 'information witli'respect to the thirty day cancellation and asked about additional staff time spent tracking information on lease/purchase issues. Councilmember Winokur expressed concern about the process involving five annual appropriations and noted the increase in dollars each year in the ICS long range plan. -949- May 1, 1990 ' Marsiea Dahlgren commented on the study process which will standardize the City's information system's applications and reflect savings, benefits, and goals. City Attorney Roy clarified the relationship between the appropriation and the renewal of the leases and commented that non -availability of funds permits the lease to be cancelled upon a thirty day notice. The vote on Councilmember Winokur's motion to amend Ordinance No. 39, 1990 on First Reading was as follows: Yeas: Councilmembers Edwards, Horak, Kirkpatrick, Mabry, Maxey, and Winokur. Nays: None. THE MOTION CARRIED. Mayor Kirkpatrick expressed appreciation regarding the judicious use of lease/purchase options and stated she believed the amendment will ensure a level of public confidence. She stated she believed the lease/purchase item had not gone well and suggested that the item be discussed at the upcoming Council retreat. Councilmember Horak expressed appreciation for the additional information. He stated the information about benefits was not clear enough to justify spending the ammount of money because when spending large amounts of money, the benefits should be clearly visible. ' The vote on Councilmember Edwards' motion to adopt Ordinance No. 39, 1990 on First Reading as amended was as follows: Yeas: Councilmembers Edwards, Horak, Kirkpatrick, Mabry, Maxey, and Winokur. Nays: None. THE MOTION CARRIED. Review of the Designation of the City's Appointed Director on the Board of Directors of the Platte River Power Authority, No Action Taken Following is staff's memorandum on this item: "EXECUTIVE SUMMARY At the April 17 meeting, Council voted 4-3 to direct staff to prepare an agenda item to deal with the appointment by the City Council of one of the City's representatives to the Board of Directors of the Platte River Power Authority. Mayor Susan Kirkpatrick has elected to serve on the PRPA board rather than to appoint a designate to serve as provided in the PRPA Organic Contract. Currently, the City's Appointed Director is Richard Shannon, Director of Utility Services, who was appointed by Council in 1986 and was then ' reappointed in 1988 for a term to run until December 31, 1992. -950- May 1, 1990 BACKGROUND In 1975, the Cities of Fort Collins, Loveland, and Longmont, and the Town of Estes Park entered into the Organic Contract establishing Platte River Power Authority as a separate governmental entity. Initially, the governing body of each municipality appointed one representative to serve on the four -member Board of Directors. The City's representative was the Light and Power Director. In 1976, the Organic Contract was amended to specify that the Mayor or the Mayor's designate from the Council of each municipality will serve on the PRPA Board of Directors, and an additional representative will be appointed by the Council of each municipality based on "judgment, experience and expertise which makes them particularly qualified to serve as the Director of an electric utility." In the current Amended and Restated Organic Contract approved by the four municipalities in 1980, the Board of Directors has the same composition as set out in the earlier contract. Any amendment to the PRPA Organic Contract must be approved by all member municipalities. The City's representatives to the PRPA Board of Directors have been as follows: 1 MAYOR (M) OR APPOINTED DESIGNEE (D) DIRECTOR --- Stanley R. Case (112175 - 1011181) ' Jack Russell (D) (12121176 - 2127179) Earl Wilkinson (D) (2127179 - 4114181) Burt Kross (D) (4114181 - 717181) Gary Cassell (D) (717181 - 812183) Bill D. Carnahan (1011181 - 815186) John Knezovich (M) (812183 - 413184) John Knezovich (D) (413184 - 3113185) Barbara Rutstein (M) (3113185 - 3118186) Barbara Rutstein (D) (3118186 - 4121187) Richard M. Shannon (815186 - 12%31/92) ' Chuck Mabry (D) (4121187 - 3114189) -951- May 1, 1990 ' Bob Winokur (M) (3114189 - 413190) Susan Kirkpatrick (M) (413190 - 419191) RECOMMENDATION: Staff recommends the continuation of the designation of the Director of Utility Services as the Appointed Director representing the City of Fort Collins on the PRPA Board, for the following reasons: 1. PRPA is a large, complicated business, with assets of about $1.15 billion and annual operating revenue of $147 million. It is important to have consistent, effective communication between the City's electric utility staff and PRPA. We believe this is more likely with staff represented on the Board. 2. The City's Director of Utility Services needs to be intimately involved in long range planning because of its impact on the City's customers. PRPA serves 70,000 customers at retail in the four municipalities. 3. The current arrangement provides a good balance between the political perspective of the elected official and the administrative, technical ' and long range planning perspective of the Director of Utility Services. 4. This current arrangement continues the traditional representation and will meet the intent of the PRPA Organic Contract. Since 1975, the City's Appointed Director has been the chief utility staff person. The other three member municipalities are all represented by the mayor or designee and the key electric utilities staff member. 5. The City's Appointed Director has four years of experience in serving as the City's representative and is the current Vice -Chair of the PRPA Board of Directors. 6. Continuity is paramount in the operation of the PRPA Board because of the issuance of bonds. This is the primary reason that terms for the Appointed Directors are four years. Continuity in the City's Appointed Director designation is particularly important because of the current practice of rotating the position of Mayor each year." City Manager Burkett gave a brief presentation highlighting the background of the City's Appointed Director on Platte River Power Authority's Board of Directors and recommended Council continue .the traditional appointment process. He commented on the reasons; behind 'his recommendation and noted the importance of close communication- between' PRPA and the Utilities ' Director. He commented on the balance between the political perspective of the Mayor and Council versus the technical perspective of the Utilities Director. -952- May 1, 1990 Councilmember Winokur made a motion, seconded by Councilmember Horak, to ' discuss the designation of the City's Appointed Director on the Platte River Power Authority's Board of Directors. Councilmember Mabry expressed concern regarding the contents of citizen input. Mayor Kirkpatrick stated citizen input will consist of discussion regarding designating a representative from the City. Councilmember Horak withdrew his second to the previous motion. Councilmember Winokur withdrew his previous motion. Councilmember Horak requested background information on the process from the people who are directly involved. City Attorney Roy stated the Mayor should rule on the question concerning whether to entertain discussion on the substance of the issue, and stated if it was decided to discuss the issue and, if a point of order is raised objecting to that procedure, and if two people disagree with the Mayor, they can move and second to overrule the Mayor. Mayor Kirkpatrick ruled that input from the public will be allowed pertaining to the City's Appointed Director on the Board of Directors of the Platte River Power Authority. ' Jack Russell, 3108 Swallow Place, spoke in favor of retaining the current method of City representation. Earl Wilkinson, Fort Collins resident, stated he was serving on Council at the time Platte River Power Authority was formed and served on the PRPA Board of Directors. He supported the current method of City representation and stated he believed it was good policy. Councilmember Horak stated he believed the agenda item was biased and stated there was no analysis with the recommendation. He stated the agenda item did not contain alternatives consisting of advantages or disadvantages and stated the information was unfairly presented. He stated the current system is controlled by minority stockholders and spoke in support of changes to the PRPA Organic Agreement. He stated the issues that the Board deals with are political and value oriented. Councilmember Winokur noted that Director of Light and Power Bob Kost had been with the City for 25 years asked why Mr. Kost'had not been appointed to PRPA's Board of Directors. City Manager Burkett stated that at -the time he recommended Mr. Shannon, he considered appointing Mr. Kost and concluded that Mr. Shannon had the appropriate finance and management skills. He noted that he had made his ' May 1, 1990 recommendations to Council for discussion and noted he did not have a vote ' in the matter. Councilmember Winokur questioned the City Manager's motivation behind the recommendation and asked if the City Manager believed that the Platte River Power Authority Board of Directors made policy that is not subject to review and is subsequently imposed on the four cities and their Councils. City Manager Burkett stated that he believed Platte River Power Authority was a policy making body and stated that he believed in some cases the Platte River Power Authority Board of Directors made policy which is not subject to review and is subsequently imposed on the four cities. Councilmember Winokur asked if there were any cases when the actions of the Board of Directors could be reviewed or overruled by Council. City Manager Burkett stated he was unsure if issues could be overruled and stated that could be reviewed. Councilmember Winokur stated that the Board .of Directors made decisions that impact the citizens and the financial operations of the electric utility. He asked if it was a good idea for City staff not employed by the Council to make policy which will be imposed upon the community. City Manager Burkett stated it was a good idea for City staff not employed ' by the Council to make policy which will be imposed upon the community. Councilmember Winokur stated he believed it was not appropriate for staff members to be dictating policy to Councilmembers. City Manager Burkett stated if the politically elected person that is appointed to the Board of Directors has concerns regarding the staff member and policy, the issue could be brought before Council. Councilmember Maxey commented on the initial concept that only utility directors would serve on the Board of Platte River Power Authority, and noted that the rate setting bodies are represented by people who are qualified in the areas of power management. He stated the checks and balances within the Organic Agreement are adequate. Mayor Kirkpatrick stated she wanted to be aware of the options available to Council concerning the Organic Agreement, and stated she did not believe the current appointment is done on the basis of tradition. She stated the appointed individual has the necessary attributes for informed decision making, knew the difference between politics and administration, stated the appointee knew how to access resources relative to the electric utility, and had Council's trust. She stated the appointment did not have to be a staff member or utility director and stated she was satisfied with the current arrangement, although the agenda item could have been prepared with ' less bias. ' -954- May 1, 1990 Councilmember Winokur clarified that the agenda item was not a referendum ' on the performance of Mr. Shannon and noted that Mr. Shannon had done a fine job on the Board. He stated the issue centered around a philosophical approach and stressed that the Board is policy making. He commented on the impact of the long term budget decisions and stated the people who make policy should be accountable to the voters. Other Business Mayor Kirkpatrick expressed concern regarding harassment in the downtown and stated she did not believe the option that was presented to Council was the best option possible. Mayor Kirkpatrick made a motion, seconded by Councilmember Mabry, to address the issue of aggressive behavior in the downtown area with a combination of legislation and programatic actions over the next year. Councilmember Edwards asked about possible programatic solutions. Mayor Kirkpatrick commented on the problem during the daytime hours with transient homeless citizens and stated she was unsure what was being done to address the problem. She stated it would be appropriate to draft legislation which addresses all classes of people, not just beggars, and stated she preferred to see behavioral expectations in another part of the Code, rather than in the begging section. She stated the legislation ' should focus on people who aggressively approach and harass other citizens. Councilmember Mabry suggested an amendment that would delete the year reference and insert the words, "within a reasonable period of time". He stated the reasonable period of time was the amount of time staff needed to put together the information and report back to Council. He noted the second part of his friendly amendment will ask staff to come back at the earliest possible date with revisions to the ordinance and suggested the revisions should include begging and harassment. Mayor Kirkpatrick stated she did not expect the ordinance to be on the June 5 agenda. Councilmember Mabry stated he wanted staff to have adequate time to prepare the materials. Mayor Kirkpatrick accepted Councilmember Mabry's suggestion as a friendly amendment to her previous motion. Councilmember Winokur'' encouraged input be obtained from citizens and organizations who are" directly involved with the individuals who are creating the problems and questioned the appropriateness of involving the Health and Safety Committee 'in terms of the outreach attempt. ' -955- May 1, 1990 ' Mayor Kirkpatrick suggested the Leadership Team provide alternative options to Council and noted at that time Council will provide feedback on which process it prefers to bring closure to the issue. Councilmember Edwards commented on the distinction between begging and solicitation of money versus the real problem of intimidating behavior and harassment. He stated the reason the issue came before Council was the behavior that is demonstrated towards citizens in the downtown area and expressed concern that Council was veering off of the issue. Mayor Kirkpatrick agreed with Councilmember Edwards' previous comment and stated the issue was justified. She expressed concern about legislation directed at a specific group of people inhabiting one particular structure in Fort Collins. Councilmember Winokur spoke in support of the motion and stated it was Council's responsibility to look into the issue. Mayor Kirkpatrick stated she was not attempting to solve the homeless problem in Fort Collins and stated the harassment problem should be addressed in a reasonable amount of time to determine the available options. She suggested a combination of programatic and police power options could assist in this situation. ' City Manager Burkett suggested that if the motion passed, one approach would be to bring the item to a worksession and stated the focus should be on the problem and alternative solutions. He encouraged discussion and an agreement be reached concerning the problems and suggested Council direction be given once the data is collected and establishes a range of options that address the problem. The vote on Mayor Kirkpatrick's motion to address the issue of aggressive behavior in the downtown area with a combination of legislation and programatic actions in a reasonable amount of time was as follows: Yeas: Councilmembers Edwards, Horak, Kirkpatrick, Mabry, Maxey, and Winokur. Nays: None. THE MOTION CARRIED. Councilmember Maxey made a adjourn the meeting. Yeas Mabry, Maxey, and Winokur. Adjournment motion, seconded Councilmembers Nays: None. by Councilmember Winokur, to Edwards, Horak, Kirkpatrick, -956- May 1, 1990 The meeting adjourned at 10:30 p.m. 0 /U Mallr ATTrS CityyClerk -957-