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HomeMy WebLinkAboutMINUTES-07/15/1986-Regular' July 15, 1986 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, July 15, 1986, at 6:30 p.m. in the Council Chambers in the City of Fort Collins City Hall. Roll call was answered by the following Councilmembers: Estrada, Horak, Liebler, Ohlson, Rutstein, and Stoner. Staff Members Present: Burkett, Huisjen, Krajicek Resolution 86-124 Appointing Susan Kirkpatrick to Fill a Vacancy as Councilmember At -Large on the City Council, Adopted Following is staff's memorandum on this item: "After reviewing 18 applications and conducting interviews for 2 new applicants on July 10, the City Council informally selected Susan ' Kirkpatrick to fill the At -Large Council vacancy. This Resolution formalizes the Council action taken on July 10 to appoint Susan Kirkpatrick to replace Jay April on City Council. The term of appointment is until the March 3, 1987 General City Election, when a Councilmember At -Large will be elected for a 2-year term of office." Councilmember Rutstein made a motion, seconded by Councilmember Liebler, to adopt Resolution 86-124. Yeas: Councilmembers Estrada, Horak, Liebler, Ohlson, and Rutstein. Nays: Councilmember Stoner. THE MOTION CARRIED. Swearing -In and Seating of Newly Appointed At -Large Councilmember City Clerk Krajicek administered the oath of office to newly appointed Councilmember Susan Kirkpatrick. Councilmember Kirkpatrick took her seat at the Council desk. -432- July 15, 1986 Agenda Review: City Manager I City Manager Burkett noted there were changes to the bond ordinances under Item #33, and that provisions had been made to have them read into the record. He requested an Executive Session at the end of the meeting to discuss legal issues. Bruce Lockhart, 2500 East Harmony Road, requested Item #13, Hearing and First Reading of Ordinance No. 105, 1986, Appropriating Prior Year Reserves in the Capital Projects Fund for Use on the Outdoor Pool Concession/ Bathhouse and Chemical Storage Project, be removed from the Consent Calendar. Terry Foppe, 622 Whedbee, asked that Item #19, Resolution 86-112 Appointing a Charter Review Committee and Directing the Scope of the Charter Review, be withdrawn from the Consent Agenda. Councilmember Estrada requested Item #15, Resolution 86-116 Adopting the July 1986 Edition of the City of Fort Collins Street Design Criteria and Construction Standards, be removed from the Consent Agenda. Councilmember Horak asked that Item #17, Resolution 86-120 Appointing Richard Shannon as the City's Representative on the Board of Directors of the Platte River Power Authority, and Item #18, Resolution 86-121 Appointing Linda Hopkins to the Larimer County Community Action Board, be I withdrawn from the Consent Calendar. Consent Calendar This Calendar is intended to allow the City Council to spend its time and energy on the important items on a lengthy agenda. Staff recommends approval of the Consent Calendar. Anyone may request an item on this calendar be "pulled" off the Consent Calendar and considered separately. Agenda items pulled from the Consent Calendar will be considered separately under Agenda Items #22 and #37, Pulled Consent Items, except items pulled by anyone in the audience or items that any member of the audience is present to discuss that were pulled be staff or Council. These items will be discussed immediately following the Consent Calendar. CIA This Ordinance, which was adopted 6-Con First Reading July 1, will change sections of the City Code regarding Street Oversizing fees, development requirements, and City participation obligations. -433- July 15, 1986 J 7. 11 This Ordinance was adopted on First Reading July 1 by a 5-0 vote. Larimer County is proposing roadway improvements to County Road 32 (Windsor Road) through a County Special Improvement District. The State Statutes require that the City of Fort Collins consent by Ordinance to the construction of the improvements which lie within the City limits. Passage of this Ordinance does not obligate the City to participate in any of the costs of street improvements within the district. Upon receiving this consent, Larimer County will begin the formal process to create the County Road 32 Special Improvement District to finance the costs of the improvements. Fund. This Ordinance was adopted on First Reading July 1 by a 5-0 vote. The Greenbriar Subdivision neighborhood park site is included in the ' Greenbriar Special Improvement District No. 87. Funding in the amount of $156,763 has been appropriated in the Parkland Fund for street improvements adjacent to the park site which will be constructed as part of the District. This ordinance provides for the transfer of $156,763 from the Parkland Fund to the Capital Projects Fund. 9. Second Readina of Ordinanrp Nn oa iaaF o,-,,,,iA,*. , 'F.. +k,. 10. This Ordinance, which was adopted as amended on First Reading July I by a 6-0 vote, provides for the repeal of various sections of the Code of the City of Fort Collins concerning the organization of City government. The Code sections which are repealed are replaced by other provisions (Sections 13, 14, 15, 16) which provide for a basic management structure under which are departments, divisions, and offices which are established by the Charter or otherwise created and assigned by the City Manager. These changes will eliminate longstanding inconsistencies with the City Code and bring the City Code into compliance with Charter provisions and the new organizational structure. This Ordinance was adopted July 1 on First Reading:by a 6-0 vote. -434- July 15, 1986 12. 13. Council approved Resolution 86-20 accepting the petition of property owners for the Arbor Special Improvement District No. 88 at its February 4, 1986 meeting. Since that time, the petitioners for the district have changed. On July 1, Council adopted Resolution 86-113 accepting the new petitioners and repealing Resolution 86-20. The proposed Arbor Plaza Special Improvement District is located at the Southwest corner of Harmony Road and College Avenue. The proposed improvements include curb, gutter, asphalt pavement, sidewalk, landscaped streetscapes and medians, gravel base, earthwork grading, traffic signals, water distribution system, sanitary sewer collection system, and storm drainage. Streets to be improved include Harmony Road from College Avenue to the Burlington Northern Railroad, Mason Street from Kensington drive to College Avenue, and College Avenue from the intersection improvements at Harmony Road to Mason Street. The Ordinance provides for the issuance of Special Assessment Bonds in the Principal Amount of $1,085,000 for the construction of street, water, sanitary sewer, and storm drainage improvements. On April 17, 1986, the Colorado legislature passed House Bill No. 1184. This new law makes changes to the Colorado Revised Statutes concerning special assessment districts. In order to take advantage of some of the new provisions in the bill, certain sections of the Fort Collins Code, Article 16, need to be amended. To date, $225,000 has been appropriated in the Capital Projects Fund for the Outdoor Pool Concession/Bathhouse and Chemical Storage project. Based on final design, the project estimated cost is $388,317. Therefore, an' additional, $163,317 is needed to proceed. Currently, the 1/4 cent tax -supported Capital Projects Fund has an unobligated balance of $347,976, and Staff recommends appropriating $163,317 from the unobligated balance to the Capital Projects Fund to complete the construction of the Outdoor Pool Concession/Bathhouse. For comparison purposes, Budget has prepared two reports. -435- July 15, 1986 14. 15. 16. 17. During the review of the Street Design Criteria and Construction Standards, staff discovered a discrepancy between the 1981 Standards and Section 129 of the City Code relating to guarantee of sidewalks, driveways, curbs and gutters. The City Engineering staff and a committee representing the private sector (contractors, designers and developers) have been meeting weekly since October, 1985, to revise the City's Street Design Criteria and Construction Standards. These documents were last reviewed in 1981. Revisions varied from minor grammatical corrections to the addition of a completely new section on street patching. Over fifty items were either revised or added for the new edition. The Fossil Creek Community Park Request for Proposals (RFP #P-151) asked for the preparation of a preliminary park master plan along with engineering documents (drawings and specifications) for the rehabilitation of Portner Dam, which is located at the park site. This approach insures that the dam rehabilitation work is compatible with, and incorporated into the park master planning effort. Eighteen consultants responded to the RFP with Resource Consultants, Inc. of Fort Collins being selected for the project through the review panel and interview process. Resource Consultants, Inc.'s fee is proposed not to exceed $53,300. The preliminary master plan is scheduled for completion in October 1986, and the engineering documents for the dam rehabilitation should be approved by the state engineer by May 1987. On September 1, 1981, Council appointed Bill D. Carnahan as the City's representative on the Board of Directors of the Platte River Power Authority to fill the unexpired term of Stan Case and reappointed Mr. Carnahan on December 18, 1984 with a term to expire on December 31, 1988. Mr. Carnahan has resigned his employment with the City of Fort Collins and has therefore resigned his position on the Board of Directors' of'Platte River Power Authority. This Resolution appoints Richard Shannon, the City's new Director of Utility Services, as the City's representative to the PRPA Board for -436- July 15, 1986 the remainder of the unexpired term of Bill Carnahan. He will serve on the Board along with the Mayor's appointed representative Barbara Rutstein. 18. Resolution 86-121 Appointing Linda Hopkins to the Larimer County Community Action Board. 19. 20. 21 The Larimer County Community Action Board is an advisory body to the Larimer County Department of Human Development. The City has been represented on the Community Action Board since 1979. Carol Osborne was appointed as the City's representative in 1984 but has now tendered her resignation from the Board. Staff recommends Linda Hopkins be appointed to represent the City on the Board. On July 1, Council announced appointments to the 11 positions on the Charter Review Committee and tabled the Resolution to July 15 to allow time for public input, in keeping with current policy. This Resolution makes appointments to the Committee and defines issues on which the Committee will focus its review, sets a timeframe for making recommendations to Council, and establishes guidelines concerning staffing and the meeting schedule of the Committee. The applicant's appeal of the Planning and Zoning Board approval was for the purpose of requesting a waiver of the requirements for on -site street improvements. After further consideration, the applicant has agreed to the required on -site street improvements and therefore has withdrawn the appeal. Staff recommends that Council accept the withdrawal of this appeal. Routine Easements for Prospect Street Bridge Across Spring Creek Two routine easements have been obtained for the Prospect Street Bridge across Spring Creek'in the Seven Lakes Business Park: a Grant of Slope Easement from the' Neenan Building Partnership and a Grant of Temporary Easement from Seven Lakes Joint Venture. The consideration for each grant of easement is $1. Ordinances on Second Reading were read by title by Wanda. Krajicek, City Clerk. Item #6. -437- July 15, 1986 IItem V. Item #8. Item #9. Sec Reo Item #10. Sec Cre 88. Ordinances on First Reading were read by title by Wanda Krajicek, City Clerk. Item #11. Item #12. Item #13. Item #14. Councilmember Stoner made a motion, seconded by Councilmember Rutstein, to adopt and approve all items not removed from the Consent Calendar. Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Liebler, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. -438- July 15, 1986 Ordinance No. 105, 1986, Appropriating Prior ' Year Reserves in the Capital Projects Fund for Use on the Outdoor Pool Concession/Bathhouse and Chemical Storage Project, Adopted on First Reading Following is staff's memorandum on this item: "Executive Summary To date, $225,000 has been appropriated in the Capital Projects Fund for the Outdoor Pool Concession/Bathhouse and Chemical Storage project. Based on final design, the project estimated cost is $388,317. Therefore, an additional $163,317 is needed to proceed. Currently, the 1/4 cent tax -supported Capital Projects Fund has an unobligated balance of $347,976, and Staff recommends appropriating $163,317 from the unobligated balance to the Capital Projects Fund to complete the construction of the Outdoor Pool Concession/Bathhouse. For comparison purposes, Budget has prepared two reports. Attachment #1 shows the effect of this additional appropriation request to the Capital Projects Fund. Attachment #2 shows the status of the Capital Projects Fund without this additional appropriation. Background In early 1983, the Larimer County Health Department would not allow the existing facility to open because of many health and safety code ' violations. In March, 1983, City Council appropriated $40,000 to be used as a "stop -gap" measure to correct a minimal number of these violations in order to open for the 1983 swimming season. At that time, the City of Fort Collins and the Larimer County Health Department came to a verbal agreement that the existing facility would be replaced within five years or by 1987. The original project budget estimate of $225,000 was established in early 1983 based on a 2,000 square foot facility. Due to a short time frame for estimating, the Larimer County Health Department and the Parks and Recreation Department were not contacted for their design considerations. The conceptual cost was determined by estimating the construction at $100/square foot plus contingency of $25,000. During the development phases of this* project, extensive research was conducted by the design team through numerous meetings with the Parks and Recreation staff, the Larimer County''Health Department, and contractors. The final result is a facility, consisting of 3,497 square feet, that is a functionally -programmed facility. The new facility will provide lighting and ventilation to the standards required by the Larimer County Health Codes. Keeping in mind the high use of this facility, the locker rooms and the concession area floors are to be a synthetic finish and all building finishes will be constructed utilizing low maintenance materials. Additionally, at the request of the Poudre Fire Authority, a new chemical ' storage building is included to store toxic chlorine which is currently stored in the City Park Center. -439- July 15, 1986 ' In general, the increased square footage and additional required funds of $163,317 can be identified as follows: • Increase the Public Toilet Facilities - These need to be increased by 200% as required by the Larimer County Health Department. • Men's and Women's Guards Room - The employees currently utilize space on the first floor and restrooms on the second floor of City Park Center. These areas are substandard for this purpose. • Storage Area and Custodial Room - This is required to promote daily maintenance. • Additional Site Work - This was not planned for in the conceptual stage. • Chemical Storage Building - The Poudre Fire Authority has requested that the toxic pool chemicals be removed from the City Park Center. This facility is used by the public for other rentals and the danger is too high to continue storing the chemicals there. ' This increase in budget is due to planning this highly used facility in an economical, sensible manner to meet today's needs and the needs of the future." Councilmember Rutstein made a motion, seconded by Councilmember Stoner, to adopt Ordinance No. 105, 1986 on First Reading. Bruce Lockhart, 2500 East Harmony Road, questioned whether the additional costs were necessary for this project. General Services Director Tom Frazier explained that the increases were due to requirements of the Health Department and the need for an area for staff. Councilmember Horak commented on the long-standing need for major renovation at the outdoor pool and stated he strongly supported the ordinance. The vote on Councilmember Rutstein's motion to adopt Ordinance No. 105, 1986 on First Reading was as follows: Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Liebler, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. SL[i11 July 15, 1986 Resolution 86-116 Adopting the ' July 1986 Edition of the City of Fort Collins Street Design Criteria and Construction Standards, Adopted Following is staff's memorandum on this item: "Executive Summary The City Engineering staff and a committee representing the private sector (contractors, designers and developers) have been meeting weekly since October, 1985, to revise the City's Street Design Criteria and Construction Standards. These documents were last reviewed in 1981. Revisions varied from minor grammatical corrections to the addition of a completely new section on street patching. Over fifty items were either revised or added for the new edition. Background The Resolution establishes Design Criteria and Construction Standards which give the City's development review team and construction inspectors the tools necessary to insure safe and well -constructed streets for years to come. Major revisions to the criteria and standards include an increase in the minimum thickness of both asphalt and portland cement concrete pavement, a requirement for full -depth asphalt or portland cement concrete ' on arterial streets, more on -site soils testing, more materials testing at the source of the materials. Also included are changes to clarify responsibilities of parties involved in the construction process who deal with traffic control, safety and relocation of utilities. Attached is a memo from staff outlining the proposed changes." Councilmember Estrada made a motion, seconded by Councilmember Rutstein, to adopt Resolution 86-116. Acting Development Services Director Gary Diede and Assistant City Engineer Mike Herzig answered questions from the Council• regarding specific provisions of the Street Design Criteria and Constructions Standards, and the process used in revising these standards. Bob Zakely, Everitt Companies, stated he served on the committee that reviewed the Street Design Criteria and Construction Standards, offered some clarification of certain sections of the standards, and expressed concern regarding to the testing requirements. Councilmember Estrada stated he felt the City should bear the responsibility of testing. Councilmember Rutstein pointed out that street standards have been a problem in the past and it is important to upgrade those standards at this , time. -441- July 15, 1986 ' Councilmember Stoner expressed concern about the responsibility for testing being shifted to the developer. Councilmember Kirkpatrick indicated that although she has no problem with upgrading the standards, she does have a problem with increasing the expense to developers for testing materials. Mayor Ohlson outlined his reasons for supporting the revisions to the Street Design Criteria and Construction Standards. The vote on Councilmember Estrada's motion to adopt Resolution 86-116 was as follows: Yeas: Councilmembers Horak, Liebler, Kirkpatrick, Ohlson, and Rutstein. Nays: Councilmembers Estrada and Stoner. THE MOTION CARRIED. Citizen Participation A. Proclamation Naming 1986 as International Year of Peace was forwarded to the appropriate persons. Bob Geller, pastor at CSU and Woodward Governor, asked Council to consider a test ban resolution and nuclear free zone ordinance. ' Joe Stern, 1221 LaPorte Avenue, presented copies of petitions containing approximately 632 signatures, with 45 more expected, indicating the interest of the citizens of Fort Collins in the issue of a test ban resolution and nuclear free zone ordinance. He suggested these issues be considered by Council or submitted to a vote of the people. Steve Slaton, 4021 West Laurel, spoke in favor of a test ban resolution and nuclear free zone ordinance. David Roy, 208 South Sherwood, supported Council consideration of a test ban resolution and nuclear free zone ordinance, or placement of the issue on the ballot. Liza Daly, 400 South Grant, urged Council to direct staff to research the issue of a nuclear test ban. An unidentified CSU student, 2204 Mathews, spoke about the zoning code which restricts an unrelated group of more than three persons from living together. Barbara Allison, 1212 Lynnwood Drive, expressed opposition to a nuclear free zone ordinance and test' ban resolution and stated she felt it was not appropriate for Council to address this issue. ' David Bye, 119 North Shields, attorney for Legal Services, supported the proposals offered by previous speakers and urged Council to act on those measures. -442- July 15, 1986 Mayor Ohlson stated he felt it was the strong majority opinion of the ' Council not to proceed with either issue. He expressed Council support for the efforts of citizens to initiate measures for the November 1986 or March 1987 elections. Councilmember Horak suggested the proponents of the nuclear free zone ordinance and test ban resolution proceed with the circulation of petitions to initiate those issues for a future election. Councilmember Liebler also urged proponents of the issue to pursue a citizen initiative, citing the success of other citizen -based ballot issues. Ordinance No. 95, 1986, Revising Section 112-118 of the Code by Deleting Paragraph K, Schedule M: Municipal Streetlighting. Adopted on Second Reading Following is staff's memorandum on this item: "This Ordinance was adopted on First Reading July 1 by a vote of 4-2. Deletion of Section 112-118 Schedule M, Municipal Streetlighting, from the Code will have the effect of allowing the Light and Power Utility to assume ' the operating and maintenance cost of the municipal streetlighting system." Barbara Allison, 1212 Lynnwood Drive, opposed the Ordinance, stating she feels this change will result in a raise in taxes. Mayor Ohlson clarified that this Ordinance does not cause a raise in taxes or utility rates. Councilmember Rutstein made a motion, seconded by Councilmember Estrada, to adopt Ordinance No. 95, 1986 on Second Reading. Yeas: Councilmembers Estrada, Kirkpatrick, Liebler, Rutstein, and Stoner. Nays: Councilmembers Horak and Ohlson. THE MOTION CARRIED. Ordinance No. 96, 1986,'vAdoptingi Regulations Concerning the Transportation of Hazardous and Radioactive Materials by Motor Vehicle. Adopted on Second Reading Following is staff's memorandum on this item: "This Ordinance was adopted as amended 6-0 on First Reading on July 1 and , would add Chapter 58 to the Code of the City of Fort Collins, "Hazardous and Radioactive Materials Transportation." The regulations contained in the chapter are intended to reduce the possibility of a hazardous or a -443- July 15, 1986 ' radioactive materials incident occurring in the City by limiting the transportation of such materials by motor vehicle to pick-ups or deliveries within the City with few exceptions. The Ordinance adopts various sections of the Code of Federal Regulations and also contains provisions for the safe operation of such vehicles in the City. To minimize the impact on commerce, the Ordinance allows for granting exemptions for transporters who have no practicable alternative, as well as some farm machinery and some vehicles transporting gasoline or diesel fuel. Exempt transporters would, however, be required to adhere to other provisions of the Ordinance. The Ordinance has been amended since First Reading to add a provision to allow such transportation within the City on a route designated by the Chief of Police and to allow the Chief of Police or his designee to make decisions regarding blanket exemptions or suspension of operations due to weather or other hazardous conditions." Councilmember Rutstein made a motion, seconded by Councilmember Liebler, to adopt Ordinance No. 96, 1986 as amended on Second Reading. Police Chief Bruce Glasscock explained placarding requirements for different types of packaging and the procedures for exemptions because of weather, wind, etc. Joan Boes, vice-president of the League of Women Voters, expressed the League's support for the ordinance and thanked Council for enacting a local ordinance. Bruce Lockhart, 2500 East Harmony Road, questioned additional costs to the trucking industry and those costs being passed on to the citizens of Laramie, Wyoming. Jerry McMorris, Timnath resident and President of Northwest Transport, suggested staff and the trucking industry spend more time trying to reach a compromise and expressed concerns about inconsistencies with federal regulations. John Deland, 400 South Grant, supported the ordinance and urged its adoption on second reading. Liza Daly, 400 South Grant, thanked Council for taking a strong stand on this issue and commended their leadership in dealing with the issue. Councilmember Estrada stated he would be in favor of tabling the ordinance to delineate Table I and Table II hazardous materials commodities. Mayor Ohlson indicated he 'would not•: support a motion to table the ordinance, noting the ordinance'would not'take effect until October 1 and would therefore allow Council adequate •time to pursue Councilmember Estrada's concerns. ' Councilmember Rutstein urged passage of the ordinance,, citing the research and testimony received on the issue. -444- July 15, 1986 Councilmember Stoner stated he would support Councilmember Estrada's motion ' to table the Ordinance to allow for further clarification, and indicated he had some concerns of his own. Councilmember Horak stated he felt passage of the ordinance would spur the trucking industry toward better information and definitions. Councilmember Estrada made a motion, seconded by Councilmember Stoner, to table Ordinance No. 96, 1986 on Second Reading to August 5 for further review of Type I and Type II materials. Yeas: Councilmembers Estrada and Stoner. Nays: Councilmembers Horak, Kirkpatrick, Liebler, Ohlson, and Rutstein. THE MOTION FAILED. Councilmember Estrada requested additional information on Type I and Type II materials be presented to Council prior to October 1. Councilmember Horak pointed out the intended use of interstate highways as opposed to Colorado 14 and local streets. Mayor Ohlson stressed the importance of this ordinance and addressed the cost of not enacting a local ordinance. The vote on Councilmember Rutstein's motion to adopt Ordinance No. 96, 1986 , as amended on Second Reading was as follows: Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Liebler, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. Resolution 86-122 Making Appointment to the Natural Resources Advisory Board Adopted Following is staff's memorandum on this item: "A vacancy currently exists on the Natural Resources Advisory Board due to the resignation of Tod Schwartz'. Council has reviewed the applications on file and will announce their rec'ommendat'ion at the July 15 meeting. In keeping with Council's pol.1'cy, thisResolution will be tabled until August 5 for public input."' Councilmember Ohlson made a motion, seconded by Councilmember Rutstein, to adopt Resolution 86-122 inserting the names of William Fisher as regular member and Pat Reed as alternate member. Councilmember Kirkpatrick made a motion, seconded by,:Counci1member Estrada, ' to table Resolution 86-122 to August 5 to allow for public input. Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Liebler,'Ohl'son, Rutstein, and Stoner. Nays: None. -445- July 15, 1986 ITHE MOTION CARRIED. Resolution 86-123 Providing an Accelerated Early Retirement Option for Eligible Employees. Adopted as Amended Following is staff's memorandum on this item: "Executive Summary This resolution is presented as part of the budget reduction strategies. It creates a positive way to accelerate attrition and decrease our personnel. The program provides a severance pay amount based on years of service and current monthly salary and the choice of an increased monthly retirement benefit check for the rest of the retiree's life, or medical insurance coverage until age 65. These increased benefits will only be available until August 30, 1986. Background The City is in a budget cutback position. The most significant cost savings would result from reducing the workforce. There are 44 employees who are currently eligible for retirement. They are over age 55 and have vesting in the City's retirement program. Although we don't know at this time how many employees will take advantage of this plan, we are projecting savings of $336,732 city-wide based on the experience private industry has had with similar programs. These savings do not include Police and Fire. Upon approval of the resolution, a similar plan will be developed for these groups. A different plan will be needed because they are in different retirement systems." City Manager Burkett summarized the Early Retirement Option being proposed. Director of Employee Development Mike Powers reviewed the proposed program and answered questions from Council about specifics of the program. Councilmember Estrada made a motion, seconded by Councilmember liebler, to adopt Resolution 86-123. Councilmember Stoner made a motion, seconded by Councilmember Rutstein, to amend Resolution 86-123 to the effect that a savings of at least $150,000 to the General Fund be realized before the City Manager authorizes the program to continue, with anything less that $150,000 being reviewed by the City Council.. Mayor Ohlson'quest ionedthe minimum savings of $150,000. ' Councilmember Stoner stated he was open to discussing the minimum figure. QL['1 July 15, 1986 City Manager Burkett suggested a minimum of $100,000 rather than $150,000. ' Councilmembers Stoner and Rutstein accepted City Manager Burkett's suggestion as a friendly amendment to their motion. The vote on Councilmember Stoner's motion to amend Resolution 86-123 with a minimum savings of $100,000 was as follows: Yeas: Councilmembers Estrada, Liebler, Ohlson, Rutstein, and Stoner. Nays: Councilmembers Horak and Kirkpatrick. THE MOTION CARRIED. Mayor Ohlson noted that although he supported the amendment, he did not support the early retirement program and would not vote in favor of the Resolution. Councilmember Horak indicated he felt there was not enough comparative information on savings to justify the early retirement program. Councilmember Estrada stated he had confidence in staff to work out a plan that will save the City money. The vote on Councilmember Estrada's motion to adopt Resolution 86-123 as amended was as follows: Yeas: Councilmembers Estrada, Kirkpatrick, ' Liebler, Rutstein, and Stoner. Nays: Councilmembers Horak and Ohlson. THE MOTION CARRIED. Resolution 86-118 Providing for a Transfer of Retirement Monies from the General Employees Pension Plan to the ICMA Pension Plan. Adopted Following is staff's memorandum on this item: "Executive Summary This Resolution is presented as part of the budget reduction strategies. This transfer will save $33,648 currently budgeted in 1986 and $336,568 currently projected in the 1987 budget city-wide. The General Fund will save $14,358 in 1986 and $227,645 in'1987: Additionally, the current unfunded liability in the General Employees Pension Fund will be eliminated in December 1985, rather than December 1987 as currently projected. Background The General Employees Pension Plan is a defined"benefit retirement plan. ' While the employee works for the City, money is paid into this system. When the employee retires, the retiree begins drawing a monthly check until death. The amount of money contributed'may or may not equal the amount Mli►A July 15, 1986 paid out. Defined benefit plans are like Social Security. Ours, like Social Security, has an unfunded liability because actuarial studies project the money owed to employees at retirement will be greater than the money that will actually be in the fund when these employees retire. The City has been contributing $227,000 per year to pay off this unfunded liability. The ICMA Pension Plan is a defined contribution retirement system. This means that money is paid into an account in the employee's name. When the employee retires the amount of money in the fund is paid out. The pay out cannot exceed the amount of money contributed. This money can also be taken out when she/he quits the City. There are eight Department Heads who have opted to have their retirement contribution go to the ICMA account. They are also a liability to the General Pension Plan due to previous contributions and vesting in the plan. This resolution will transfer $94,005.35 into the ICMA accounts of these eight Department Heads based on the contributions previously made to the General Pension Plan. This will eliminate their liability to the plan. Additionally, there are other former staff members who have vested benefits under both the ICMA and General Employees Pension Plan. We are researching the impact of transferring their contributions to the ICMA plan also. ' By making this transfer, the unfunded liability will be paid off in December 1985 rather than December 1987, and the operating costs can be reduced from 4.385% to 3.553% while maintaining the same benefit to the employee. This will produce a net savings to the City of $33,648 in 1986 and $336,568 in 1987 and $109,568 in each succeeding year. This proposed transfer of monies from one type of pension fund to another does not deprive the employee of any vested rights since it is to be done with the employee's consent. Neither does it violate provisions of the City Charter, since it merely authorizes a transfer within a single budget category (and even transfers from one budget category to another are permitted by the Charter)." Director of Employee Development Mike Powers explained the current financial position of the General Employees Pension Fund, how the Fund operates, and how the proposed changes will benefit the Fund. Councilmember Horak made a motion, seconded byy..Counci1member Estrada, to adopt Resolution 86-118. Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Liebler, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. -448- July 15, 1986 Resolution 86-119 Declaring the Intent to I Withdraw Police Personnel from the Fire and Police Pension Association (FPPA), Adopted Following is staff's memorandum on this item: "Executive Summary Fire and Police Department personnel hired on or after April 8, 1978, are required to belong to the State Fire and Police Pension Association (FPPA) for their retirement benefits unless a money purchase plan is in place. In order for the members to withdraw from the Association and establish a money purchase plan, one of the first steps which must be taken is the adoption of a resolution by the City Council stating the intent to withdraw from the FPPA. The adoption of this resolution meets the FPPA regulations for filing intent to withdraw and keeps the City's options open with regard to establishing a money purchase plan for such police personnel. Background Fire and Police Pension Association Fire and Police department personnel hired on or after April 8, 1978, are required to belong to the state Fire and Police Pension Association (FPPA) for their retirement benefits unless a money purchase plan is in place. ' The FPPA system is a defined benefit plan. When you retire, you receive a benefit for life based on age, years of service and average salary. The amount contributed may or may not equal the benefits paid out. The money purchase plan is a defined contribution plan. The amount paid into the plan plus earnings is the benefit that can be paid. Section 31-30-1003(2)(b)(I), C.R.S., provides that members may withdraw from the FPPA upon establishment of a money purchase plan. In order for the members to withdraw from the association, the following steps must be taken: Adoption of a resolution' by ther:City Council stating the intent to withdraw from the FPPA:,. The members must hold an election at which sixty-five percent of the members must approve the withdrawal and the alternative pension plan. The resolution must be filed with the FPPA' no later than December 31, 1986 to be effective January 1, 1988. This year will give the members time to investigate various Money Purchase Plans. ' -449- July 15, 1986 Advantages of a Money Purchase Plan There are several advantages of a money purchase plan: Employees have more say in the investment of their retirement dollars. No unfunded liabilities exist in a money purchase plan. FPPA was created legislatively to assist financially troubled plans in larger Colorado Cities. Fort Collins' pensions which covers Police and Fire personnel hired prior to April 8, 1978 were sound. Thus the monies contributed by both the City and employees hired on or after April 8, 1978, are being placed in a retirement fund that is less sound than a money purchase plan. The contribution of the City of Fort Collins and those of these employees are being used in part to pay off the unfunded liabilities of other Cities. 4. FPPA has the ability to change the benefits and the contribution rate for both the City and the employee. Because of the unfunded liability in this system, one or both are likely to change. 5. The Police Department sometimes has employees who would like to make a career change but if they leave the Police force they lose their retirement benefit. With a money purchase plan, they can make this change and retain the benefit. Recommendation Staff recommends adoption of the attached resolution providing the Police Department with the opportunity to withdraw from the FPPA and research a money purchase plan for affected Police personnel. The adoption of this resolution meets the FPPA regulations for filing intent to withdraw. If the City or the affected employees decide, following the investigation of the money purchase option, that FPPA is the better system, they can stay in that system even with the passage of this resolution. This resolution will keep the options open." Director of Employee Development Mike Powers briefly summarized the item, pointing out it is basically a formality..; Councilmember Horak made a motion, seconded by`•,Counci1member Stoner, to adopt Resolution 86-119. Yeas: Councilmembers Horak, Kirkpatrick, Liebler, Ohlson, Rutstein, and Stoner. Nays: None. (Councilmember Estrada out of room.) THE MOTION CARRIED. -450- July 15, 1986 Items Relating to Ordinances ' Authorizing the Issuance of Bonds Following is staff's memorandum on this item: "Executive Summary A. Second Reading of Ordinance No. 98, 1986, Authorizing the Issuance of Sewer Revenue Refunding Bonds in the Approximate Principal Amount of $32,000,000. B. Second Reading of Ordinance No. 99, 1986, Authorizing the Issuance of General Obligation Park Refunding Bonds in the Approximate Principal Amount of $6,000,000. C. Second Reading of Ordinance No. 100, 1986, Authorizing the Issuance of General Obligation Water Refunding and Improvement Bonds in the Principal Amount of $35,000,000. D. Second Reading of Ordinance No. 101, 1986, Authorizing the Issuance of Sales and Use Tax Revenue Refunding and Improvement Bonds in the Approximate Principal Amount of $26,000,000. Background These ordinances were adopted on First Reading July 1 by a 6-0 vote. These bond ordinances would provide for the refunding of the Sewer Revenue ' all of Bonds, General Obligation Park Bonds, General Obligation Water Bonds and Sales & Use Tax Bonds of the City. Additionally, approximately $15,000,000 of the General Obligation Water Bonds are to provide funding for a 20 million gallon per day addition to Water Treatment Plant No. 2 and the design and installation of approximately 21,000 feet of 60-inch diameter water transmission main; and approximately $4,700,000 of the Sales and Use Tax Bonds are to provide for the repayment of the Block 31 loan from the Water Fund ($1,400,000) and for retiring the 1982 BANS which were issued in connection with the Southridge Greens golf course project ($3,330,000). On April 1, 1986, City Council adopted Resolution No. 86-63, Authorizing City Staff to Prepare Documents for' Refunding Outstanding City Bonds. Since that time staff has completed';pre1iminary work on the refunding of the City's Sewer Revenue, General` Obligation Park, General Obligation Water and Sales & Use Tax Bonds. It has beew determined that the refunding of these bonds will provide significant savings to the City as a result of the lower bond interest rates available at this time." Finance Director Jim Harmon stated Loring Harkness, bond counsel, was available to answer questions from Council. He noted provisions had been made to have the amendments read into the record. He highlighted the provisions of the bond ordinances and answered questions from Council. Bruce Lockhart, 2500 East Harmony Road, stated he felt this•`action simply I postponed problems rather than solving them. -451- July 15, 1986 ' Councilmember Horak made a motion, seconded by Councilmember Stoner, to adopt Ordinance No. 98, 1986. as amended on Second Reading. Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Liebler, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. Councilmember Horak made a motion, seconded by Councilmember Rutstein, to adopt Ordinance No. 99, 1986 as amended on Second Reading. Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Liebler, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. Councilmember Horak made a motion, seconded by Councilmember Rutstein, to adopt Ordinance No. 100, 1986 as amended on Second Reading. Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Liebler, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. Councilmember Horak made a motion, seconded by Councilmember Liebler, to adopt Ordinance No. 101, 1986 as amended on Second Reading. Yeas: ' Councilmembers Estrada, Horak, Kirkpatrick, Liebler, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. Councilmember Stoner made a motion, seconded by Councilmember Horak, to postpone consideration of Item #17 (Resolution 86-120 Appointing Richard Shannon as the City's Representative on the Board of Directors of the Platte River Power Authority) and Item #18 (Resolution 86-121 Appointing Linda Hopkins to the Larimer County Community Action Board) to August 5, and Item #34 (Items Relating to Amendments to the Land Development Guidance System, Zoning Ordinances and Subdivision Regulations) to August 19. Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Liebler, Ohlson, and Stoner. Nays: Councilmember Rutstein. THE MOTION CARRIED. Items Relating to the Fort Collins -Lovel°and Airport Authority S Following is staff's memorandum on ifis item:: "Executive Summary ' A. Resolution 86-125 Authorizing Intergovernmental Agreement with the Collins -Loveland Airport Authority. the Mayor to . Enter Into an City of Loveland- and the Fort -452- July 15, 1986 B. Hearing and First Reading of Ordinance No. 110, 1986, Amending Chapter ' 2 of the Code of the City of Fort Collins Regarding the Airport Authority. Staff recommends certain changes to better protect the commissioners and employees of the Airport Authority from civil liability. These changes would insure that any such liability would become the responsibility of the Cities of Fort Collins and Loveland. Background On June 11, 1986, the commissioners of the Fort Collins -Loveland Airport Authority adopted a resolution requesting that the City Councils of Fort Collins and Loveland "take action to protect the commissioners in lieu of insurance or to take other action to allow the Airport Authority to be able to obtain sufficient insurance coverage as the Authority deems necessary." The nature of the liability problem is this: the Airport Authority has been unable to obtain directors' and officers' liability insurance coverage, although general liability insurance and property damage insurance have been obtained. Such directors' and officers' liability insurance coverage would provide insurance coverage for errors and omissions of the commissioners and employees of the Airport Authority. Absent this insurance, employees of the Authority are somewhat at risk. , Judgments against an employee are generally recoverable from the employer, so long as the employee's actions are not willful and wanton and are within the scope of employment. With regard to satisfying such judgments, however, only the two cities have the ability to levy an ad valorem tax in order to pay judgments for which they don't have sufficient funds on hand. The Airport Authority does not have such taxing ability, and it is possible that the commissioners or employees would have nowhere to turn for reimbursement. Staff's recommendation to address the Authority's liability concerns is to amend the ordinances of the respective cities which created the Airport Authority to clearly make the commissioners "public employees" of their respective cities, for purposes of obligating the cities to pay judgments which might be entered against them as explained above. In addition, staff recommends passage of a resolution authorizing an intergovernmental agreement with Loveland& and. the Airport Authority which will provide for payment by the two cities of'costs of defense and judgments entered against its commissioners and employei4s",`>to the extent permitted by law." City Attorney John Huisjen briefly summarized the components of this item. Councilmember Horak made a motion, seconded by Councilmember Kirkpatrick, to adopt Resolution 86-125. Yeas:, Councilmembers Estrada, Horak, Kirkpatrick, Liebler, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. -453- July 15, 1986 Councilmember Horak made a motion, seconded by Councilmember Liebler, to adopt Ordinance No. 110, 1986 on First Reading. Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Liebler, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. Resolution 86-126 Endorsing Larimer County's Intent to Issue Multi -Family Revenue Bonds for the Robinson Piersal Project Adopted Following is staff's memorandum on this item: "Executive Summary On June 5, 1986 the Larimer County Commissioners passed Resolution 86-70, setting forth the intention of the county to issue multi -family housing revenue bonds for Wheeler Management Group. The project for which the bonds are to be issued is the Robinson Piersal project consisting of approximately 67 apartment units for the elderly to be constructed on the northeast corner of Mulberry Street and College Avenue in Fort Collins. There is also a retail and office phase of the project, but no bond monies will be used for this phase. ' Following passage of the resolution, the City Manager received a request from the County's Finance Director, Bob Grewell, that the City work with the applicant and give their application the same review, analysis and consideration that we would have done if the City were the issuer. The County Commissioners also requested that the City Council officially act on the application and provide a resolution indicating whether or not the County should give favorable consideration to the applicants request for final approval and in what amount. This resolution would provide the County Commissioners with the information which they have requested. Background According to past City and County policy, projects within the City limits which are to be financed through a tax exempt financing mechanism, such as Multi -Family Revenue Bonds, are to go through the City for the issuance of bonds. Under normal circumstances the Robinson Piersal project's Multi -Family Revenue Bonds would have been issued through the City. However, due to timing and state allocation availability the normal process could not occur. On May 8, 1986, the Colorado Legislature passed Senate Bill No. 160 altering the existing legislation with regard to "Private Activity Bonds", (Multi -Family Revenue Bonds, Industrial Development Revenue Bonds and so forth). Under the new legislation all cities in Colorado received an initial allocation from which they could issue Private Activity Bonds of ' $71 per capita. Fort Collins received an allocation of $ 5,021,191. The allocation was available to Fort Collins until May 31, at which time the -454- July 15, 1986 allocation reverted to the County for seven days. Any remaining allocation ' reverted to the State pool on June 8. Once into the State pool, any requests for Private Activity Bonds compete with all other requests on a first -come -first -served basis, as of July 8 there were no funds available in the Statewide Balance and there were $30,000,000 in projects waiting for an allocation. In addition to changes in the timing on allocation availability, Senate Bill No. 160 included in the Private Activity Bond cap certain classes of tax exempt bonds which had not previously been subject to the cap. The end result is a much lower amount of funds available - in 1985 the State issued over $2 billion in tax exempt bonds which would come under the current cap. Allocations available for these uses in 1986 total approximately $530 million. The applicant, John Wheeler, was not able to get the required documents to City staff in time to meet the May 31 cut-off. At that point the option remained to either go through the County for an inducement on the bonds during the one week period when the County had the balance of the City's allocation, or to wait and go through the City to request an allocation from the Statewide balance. Due to the scarcity of funds in the Statewide balance, the applicant requested that the City permit the request to go through the County. Staff approved the request and the County favorably considered the inducement resolution for the issuance of Multi -Family Revenue Bonds in an amount not to exceed $2,500,000. Following the passage of the inducement resolution, Larimer County Finance ' Director, Bob Grewell, on behalf of the County Commissioners, asked the City to complete its review of the project as if the bonds were to be issued by the City and pass a resolution endorsing the County's intent to induce the bonds. It was also requested that the City Council recommend the amount of bonds which should be induced. Pursuant to City of Fort Collins Resolution 84-179, there are five requirements which must be met before the City would consider issuing bonds on a multi -family housing project. These are the requirements which would be applicable to an issue that is not being done by the City. All other requirements are specific to a Fort Collins issue. 1. 20% of the units in the project must be rented to families at or below 70% of the existing median income of the community as established by HUD. As of July 7, the median income for a family of four in this area is $28,400. Using this as a base, the 70% of median income requirement is as follows: Family Median 70% of Size Income Median 1 $19,880 $13,916 2 22,720 15,904 3 25,560 17,892 4 28,400 19,880 , 5 30,175 21,122 -455- July 15, 1986 The applicant has agreed to reserve at least 30% of the units (20 units) for elderly individuals whowould meet these income requirements. 2. Base rents for the 20% restricted units will be set at 30% of 70% of median income. This would place monthly the rents at the following levels: Family 70% of Maximum Size Median Rent 1 $13,916 $348 2 15,904 398 3 17,892 447 4 19,880 497 5 21,122 528 The above rents reflect the requirements set forth in Resolution 84-179 for moderate to low-income housing. The restricted units in this project will be further reduced pursuant to Housing Authority requirements for low-income housing. (See attached memo from David Herrera.) 3. The project must have received final approval by the Planning and Zoning Board. The project has received Planning and Zoning Board approval, (see attached memo from Tom Peterson, Planning Director). ' 4. The amenities in the restricted units will be the same as those provided in the non -restricted units. The applicant has agreed to this stipulation. 5. All other federal and state requirements for multi -family revenue bonds must be met. Bond Counsel has been employed by the applicant to assure that this requirement is met. In addition to these requirements, staff typically does an analysis of the financial feasibility of the project. This has been done, and staff recommends that the project can support the financing requested (an amount not to exceed $2,100,000). An independent financial feasibility study has been completed by Anderson & Whitney, PC, CPAs. The study was requested by the County and is attached. The housing portion of the project is being designed in conjunction with the Fort Collins Housing Authority. Upon completion, the project will be leased to and managed by the Authority. A letter from David Herrera, Director of the Fort Collins Housing Authority, is attached explaining the arrangements between the applicant and the Authority. Finally, the project is located within the boundaries of the Downtown Development Authority. The project has been endorsed by the DDA, as discussed at the Council's July 8 worksession. A letter from Robert ' Steiner, Executive Director of the DDA is attached. -456- July 15, 1986 Given the support for the project by the Housing Authority and the Downtown Development Authority, the need for this type of project, and the satisfaction of requirements normally placed by the City for this type of financing, staff recommends that City Council endorse the County's intention to issue Multi -Family Revenue Bonds for the Robinson-Piersal project." City Manager Burkett outlined the background of this item. Councilmember Horak made a motion, seconded by Councilmember Stoner, to adopt Resolution 86-126. Downtown Development Authority Director Chip Steiner answered questions from the Council about the timing of this item. Bob Grewell, Director of Finance Administration for Larimer County, addressed questions from Council about the County's action on this item. David Herrera, Housing Authority Director, explained the formulas used to calculate rental subsidies for low-income units. The vote on Councilmember Horak's motion to adopt Resolution 86-126 was as follows: Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Liebler, Ohlson, Rutstein, and Stoner. Nays: None. I THE MOTION CARRIED. Resolution 86-112 Appointing a Charter Review Committee and Directing the Scone of the Charter Review, Adopted Following is staff's memorandum on this item: "On July 1, Council announced appointments to the 11 positions on the Charter Review Committee and tabled the Resolution to July 15 to allow time for public input, in keeping with current policy. This Resolution makes appointments to the Committee and defines issues on which the Committee will focus its review, sets a timeframe for making recommendations to Council, and establishes= guidelines. concerning staffing and the meeting schedule of the Committee " Councilmember Horak made a motion, seconded. by Councilmember Estrada, to adopt Resolution 86-112 deleting the name of Susan Kirkpatrick and inserting the name of Kay Rios. Yeas:. Councilmembers Estrada, Horak, Kirkpatrick, Liebler, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. -457- July 15, 1986 City Manager's Report City Manager Burkett introduced Cathy Freedman, Executive Assistant to the City Manager of Eugene, Oregon, who was visiting the City of Fort Collins to exchange ideas about agenda procedures and Council meetings. City Manager Burkett brought attention to the AA bond rating recently received and the reinforcement by the rating company of the actions taken by Council to improve the City's financial condition. k.. on: thF, City ; Councilmembers' Reports Councilmember Kirkpatrick outlined her goals for her term Council. Other Business Councilmember Rutstein pointed out that Susan Kirkpatrick's appointment to the City Council has left a vacancy on the Library Board. Councilmember Rutstein made a motion, seconded by Councilmember Horak, to appoint the current alternate, Katherine Fine, as the regular member and Kay Erslev as the alternate member. Councilmember Stoner made a motion, seconded by Councilmember Horak, to table the appointments to the Library Board to August 5 to allow for public input. Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Liebler, Ohlson, Rutstein, and Stoner. Nays: None. IfIllawI f l c:: I Executive Session Authorized Councilmember Rutstein made a motion, seconded by Councilmember Stoner, to adjourn into Executive Session for the purpose of discussing legal matters. Yeas: Councilmembers Estrada, Kirkpatrick, Liebler, Ohlson, Rutstein, and Stoner. Nays: Councilmember Horak. THE MOTION CARRIED. At the conclusion of the Executive Session, Mayor Ohlson explained that the City Attorney had briefed the Council on a pending legal matter. -458- July 15, 1986 Adjournment Councilmember Rutstein made a motion, seconded by Councilmember Stoner, to adjourn the meeting. Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Liebler, Ohlson, Rutstein, and Stoner. Nays: None. The meeting adjourned at 11:05 p.m. TTEST: City Clerk Mayorr r 1 -459-