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HomeMy WebLinkAboutMINUTES-08/16/1988-RegularAugust 16, 1988 ' COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council -Manager Form of Government Regular Meeting - 6:30 p.m. A regular meeting of the Council of the City of Fort Collins was held on Tuesday, August 16, 1988, at 6:30 p.m. in the Council Chambers in the City of Fort Collins City Hall. Roll call was answered by the following Councilmembers: Estrada, Horak, Kirkpatrick, Mabry, Maxey, Stoner, and Winokur. Staff Members Present: Burkett, Krajicek, Roy Citizen Participation Robert Pierson, President of the Poudre Valley Art League, 131 North College, expressed the League's desire to use the old Post Office Building as a center for the arts and humanities. Bill Starke, 800 East Lake, one of the owners of the Northern Hotel, stated he was willing to lend his support for developing the Northern Hotel as an arts center. - He stressed the importance of the Northern Hotel being a symbol of Fort Collins. Wayne Sundberg, 1104 East Lake Place, spoke on behalf of the Historical Society regarding August 20, 1988 being the 124th birthday of Fort Collins. He summarized the activities associated with the birthday celebration. Agenda Review: City Manager City Manager Burkett stated there were no changes to the agenda as published. Councilmember Horak requested Item #15, Resolution 88-126 Revising the Advertising Policy for the -Edora Pool and Ice Center, be pulled 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 #18, Pulled Consent Items. -244- August 16, 1988 1•1 F. VA The ordinance assessing the Provincetowne/Portner Estates South Special Improvement District #81 was adopted by the Council on January 19, 1988. The final cost of the district as adopted in the ordinance is $2,281,769.03. This ordinance will amend the portion of that cost which is assessable to the property owners. This reduction represents the use of investment earnings from district bond proceeds to reduce th outstanding debt for :he district. This savings is passed to the property owners as pro^ortionately lower assessments. A revised statement of costs has bezn prepared by the Finance Director and will be accepted by the Council as a part of the ordinance. This ordinance, which was unanimously adopted on First Reading on August 2, will also amend the date of payment of the first assessment installment to October 1, 1988. As provided in the City Code, property owners will be given a thirty -day period in which to pay their assessments in full. This period begins the day after final publication of this ordinance. Those not electing to make such a I payment will be billed on October 1, 1988 by the Larimer County Treasurer. The ordinance assessing the Cunningham Corner Special Improvement District #82 was adopted by the Council on November 4, 1986. The final cost of the district as adopted in the ordinance is $1,494,371.15. This ordinance, which was unanimously adopted on First Reading on August 2, will amend the portion of that cost which is assessable to the property owners. This reduction represents the use of investment earnings from district bond proceeds to reduce the outstanding debt for the district. This savings is passed to the property owners as proportionately lower assessments. A revised statement of costs has been prepared by the Finance Director and will be accepted by the Council as a part of the ordinance. The date of payment of the first assessment installment will remain October 1, 1988. As provided in the City Code, property owners will be given a thirty day period in which to pay their assessments in full. This period begins the day after final publication of this 245- August 16, 1988 ordinance. Those not electing to make such a payment will be billed on October 1, 1988 by the Larimer County Treasurer. This Ordinance, which was unanimously adopted on First Reading on August 2, appropriates $42,385 in unanticipated revenue in the Library Grants Fund for the continuation and expansion of the Library Adult Literacy Program. 9. Second Reading of Ordinance No. 103, 1988 Appropriating Unanticipated Revenue in the Capital Pro.iects Fund for the 1988 Concrete Improvement Program. The 1988 Concrete Improvement Program is the fourth year of an annual program to encourage property owners to construct, repair, replace and maintain their sidewalks, curbs and gutters. This program is voluntary on the part of the property owners. To encourage participation by property owners, the City splits (50/50) the cost of construction with the property owners, hires the contractor and oversees the construction. In addition to paying 50% of the cost of the improvements, the City also pays the costs of oversizing sidewalks on major streets and the costs of constructing pedestrian access ramps at intersections. This year's program will construct $102,524 worth of concrete improvements. The share of these costs paid by the participating property owners amounts to $35,734. This Ordinance, which was unanimously adopted on First Reading on August 2, appropriates these funds contributed by the property owners. On August 2, Council unanimously adopted Resolution 88-120 authorizing the Purchasing Agent to execute a change order in the amount of $77,568 for the 1988 Concrete Improvement Program. Funds from the City's existing project budget and the revenues from property owners appropriated in Ordinance No. 103, 1988, are sufficient to cover the amount of the change order. 10. Second Reading of Ordinance No. 105, 1988, Amending Certain Provisions of Chapter 13 of the Code Relating to Discriminatory Practices. This ordinance, which was unanimously adopted on First Reading on August 2, makes certain changes to Chapter 13 of the City Code relating to discriminatory .practices in the areas of employment, housing and public accommodations. These changes do not deal with the addition of sexual orientation or other revisions directly related thereto. Instead, the changes pertain to definitions, religious exemption, enforcement, etc., which -246- August 16, 1988 11. staff recommends should be adopted by Council, whether or not the I sexual orientation amendment is adopted. The City's present investment program is guided by a resolution adopted in 1982. Since 1982, the City's investment portfolio has dramatically increased in size and its diversity has widened considerably. This ordinance expands the list of authorized investments to include a number of specific investments which are consistent with recommendations made by the Government Finance Officers Association and similar to investments being considered for authorization by the state of Colorado. The inclusion of these investments in the City's list of authorized investments will afford better flexibility in matching cash flow needs and may allow the City to increase its yields on the funds held within the investment portfolio. The Finance Committee reviewed and approved this item at its August 9 meeting. 12. Items Pertaining to the City's Depository and Banking Services Award Hearing and First Reading of Ordinance No. 113, 1988, Authorizing the Purchasing Agent to Enter into a Five Year Award for Depository and Banking Services. Hearing and First Reading of Ordinance No. 109, 1988 Authorizing ' the Transfer of Appropriated Amounts from Utility Funds to the General Fund and Appropriating Prior Year Reserves in the General Fund. The City contracts with a local bank to be its depository for City funds and to provide banking services. First Interstate Bank of Fort Collins submitted the low bid providing the requested services at approximately $97,440 annually, dependent upon the volume of utility bill payments and sales/use tax returns processed by the Bank as a part of the lock box service, for the five year contract period. Requests for proposal for the depository agreement were sent to eleven local commercial banks. Proposals were received from two; First Interstate Bank of Fort Collins and United Bank of Fort Collins. First Interstate Bank's proposal was to provide all of the requested banking services at an annual fee of $97,440 while United Bank's proposal was to provide all the requested banking services at an annual fee of $170,482.83. The City has contracted with local banks to be its depository for city funds and to provide required banking services since 1977. The charges for banking services under these contracts had been zero. However, this time First Interstate Bank of Fort Collins, which has ' been the City's depository bank since 1979, has bid a charge of $0.25 -247- August 16, 1988 1 13. for each utility bill payment and sales/use tax return processed in the requested lock box service. All other requested banking services will be provided free of charge as in past Depository Agreements. The Code of the City of Fort Collins requires the approval of any case over $20,000 not requiring bidding. Staff is requesting a purchase from Mesa Fiberglass Products to supply fiberglass electrical vaults and lids as required for a five year period. This request is based on past performance by Mesa Fiberglass Products and the development and delivery problems experienced when these vaults were bid and awarded to another vendor. 14. Items Pertaininq to Utility Customer Service System. A. Resolution 88-129 Authorizing the Purchasing Agent to Enter into an Agreement with Moore Governmental Systems, Inc. for Software and Professional Services for a Utility Customer Service and Billing System. B. Resolution 88-130 Authorizing the Purchasing Agent to Purchase as a Case Not Requiring Bidding for Hardware, Systems Software, and ' Support Services from Digital Equipment. C. Hearing and First Reading of Ordinance No. 111, 1988 Appropriating $35,000 for Personnel Costs Associated with the Implementation of Utility Customer Service System. A study of the City's present Utility Billing System, authorized by Council in November 1986, has documented a large number of problem areas associated with the System. Many of today's problems are a result of the decade -old technology under which the programs were originally written. The System users and utility customers are often frustrated by the System's inability to respond to their needs. Many tasks that should be automated are now performed manually. A competitive bid process identified an automated Utility Customer Service System by Moore Governmental Systems, Inc. (MGSI) of Baton Rouge, Louisiana running on Digital Equipment Corporation hardware as the best solution. Staff recommends that Council authorize the Purchasing Agent to enter into an agreement with MGSI for software and professional services. The Digital_. Equipment Corporation hardware, associated software, and services will be acquired by the Purchasing Department via a Resolution authorizing a case not requiring bid. -248- August 16, 1988 15. Resolution 88-126 Revising the Advertising Policy for the Edora Pool I and Ice Center. 16. Staff recommends that the advertising policy adopted by City Council in 1987 for the Edora Pool and Ice Center be revised to allow for the advertising of certain types of alcoholic beverages and make other minor revisions. These changes were approved by the Parks and Recreation Board in February 1988. On June 14, 1988, the City amended the loan agreement and the indenture agreement for the Opera House Project to facilitate the extension of the letter of credit and the conversion of the interest rate on the bonds to a fixed rate under the indenture. While the transaction is progressing, Historical Opera House Properties, Inc., reports it will not be completed within the time frames afforded by the June 14 amendments. The amendments in this Resolution will allow the additional time necessary to complete the transaction. 17. Routine Easements. Powerline easement from Michelle McKim, 1522 Whedbee, needed to ' underground existing overhead electric services. Consideration: $10. b. West Prospect Bridge Reconstruction right-of-way from William E. Martin and Velma Juanita Martin, 1505 West Prospect Consideration: $1675. Blanket utility easement for a future water line from Robert S. Armstrong located on Sterling Lane. Consideration: None. Conveyance by quitclaim deed of an alley remnant from the City of Fort Collins to the Fort Collins Housing Authority for the completion of the housing project in the 400 block of North Meldrum. Consideration: None. Ordinances on Second Reading were read by title by Wanda Krajicek, City Clerk. Item #6. Item #7. -249- August 16, 1988 Cunningham Corner South Special Improvement District #82 and Accepting the Revised Assessment Roll and Revised Statement of Costs of the District Prepared by the Finance Director. Item #8. Second Reading of Ordinance No. 102, 1988, Appropriating Unanti- cipated Revenue in the Library Grants Fund for the Fort Collins Public Library Adult Literacy Program. Item #9. Second Reading of Ordinance No 103 1988 Appropriating Unanti- cipated Revenue in the Caoital Projects Fund for the 1988 Concrete Improvement Program. Item #10. Second Reading of Ordinance No. 105, 1988, Amending Certain Pro- visions of Chapter 13 of the Code Relating to Discriminatory Practices. Ordinances on First Reading were read by title by Wanda Krajicek, City Clerk. Item #11. Hearing and First Reading of Ordinance No. 108, 1988 Providing for the Investment and Deposit of Public Funds and Moneys of the City of Fort Collins. Item #12. A. Hearing and First Reading of Ordinance No. 113, 1988 Author- izing the Purchasing Agent to Enter into a Five Year Award for Depository and Banking Services, B. Hearing and First Reading of Ordinance No 109 1988 Authorizing the Transfer of Appropriated Amounts from Utilitv Funds to the General Fund and Appropriating Prior Year Reserves in the General Fund. Item #13. Hearing and First Reading of Ordinance No I10 1988 Authorizing the Case Not Reguiring Bidding and Multi -Year Award for Electrical Fiberglass Vaults from Mesa Fiberglass Products Item #14. C. Hearing and First Reading of Ordinance No 111 1988 Appro- priating $35,000 for Personnel Costs Associated with the Implementation of Utility Customer Service System Councilmember Maxey made a motion, seconded by Councilmember Mabry, to adopt and approve all items not removed from the Consent Calendar. Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Mabry, Maxey, Stoner, and Winokur. Nays: None. THE MOTION CARRIED. -250- August 16, 1988 Resolution 88-126 Revising the I Advertising Policy for the Edora Pool and Ice Center, Adopted Following is staff's memorandum on this item: "EXECUTIVE SUMMARY Staff recommends that the advertising policy adopted by City Council in 1987 for the Edora Pool and Ice Center be revised to allow for the advertising of certain types of alcoholic beverages and make other minor revisions. These changes were approved by the Parks and Recreation Board in February 1988. BACKGROUND The original advertising policy for EPIC (Resolution 8-23) was adopted r. City Council on February 3, 1987. That policy states that advertisemen's for alcohol are prohibited. Since EPIC has been open, several major user groups have supported the facility through ice and pool rentals. These user groups rely heavily on donations from businesses to run their programs, and usually these businesses want recognition through the display of their products or names. on signage, banners, programs, schedules, team uniforms, etc. The current policy prohibiting any alcohol advertising has made it more difficult for ' the private user groups (especially adult hockey) to fund their programs. The current policy also does not allow the City to accept donations of equipment from businesses which sell or distribute beer and other low -alcohol content items if the donator wants to display its logo or name on the.equipment. City staff is not interested in soliciting alcohol advertisers; rather, staff is interested in allowing the user groups of the facility to have flexibility in fund-raising and in recognizing all who donate to these programs. Major user groups were surveyed by staff in reference to their opinions on this item. Letters of support from these groups for this change were received. In addition, this change was approved by the Parks and Recreation Board at its meeting in February, 1988. Although minor modifications have been made to the policy reviewed by the Board, for clarification purposes, these modifications do not change the substance of the policy." Councilmember Winokur made a motion, seconded by Councilmember Kirkpatrick, to adopt Resolution 88-126. Councilmember Horak stated he would be unable to support the motion in its present form. He stated he believed this is a deviation from the original policy that was established with other facilities. He does not believe ' this is the message the City should be giving. -251- August 16, 1988 1 Councilmember Kirkpatrick expressed concern the Resolution is too permanent. She stated she preferred the current policy and she would not be supporting the Resolution. Mayor Stoner commented on the original advertising policy and the long process that was involved. He expressed his awareness of the user's need for the scoreboard. He stated he would be supporting the Resolution. The vote on Councilmember Winokur's motion to adopt Resolution 88-126 was as follows: Councilmembers Estrada, Mabry, Maxey, Winokur and Stoner. Nays: Councilmembers Horak and Kirkpatrick. THE MOTION CARRIED. Staff Reports City Manager Burkett presented to City Council the Take Pride in America award that was accepted by Roger Krempel and the Natural Resources Department. He stated the reason the City received the award was due to the programs and seminars being sponsored by Natural Resources in continuing education and awareness of natural resources. He expressed his pleasure in having the City recognized nationally for this award. Councilmember Reports Councilmember Kirkpatrick commented on Item #14, Items Pertaining to Utility Customer Service System. She noted the thorough process that staff followed to complete the investigation of possible utility billing systems. She pointed out that is was a very important step in keeping Fort Collins a leader in providing quality municipal services. Items Relating to the Riaden Farm Annexation Following is staff's memorandum on this item: "EXECUTIVE SUMMARY A. Hearing to Make Determinations and Findings Concerning the Ridgen Farm Annexation. B. Resolution 88-128 Setting Forth Findings of Fact and Determinations Regarding the Ridgen Farm Annexation. C. Second Reading of Ordinance No. 93, 1988, Annexing Approximately 229.7683 Acres, Known as the Rigden Farm Annexation. -252- August 16, 1988 D. Second Reading of Ordinance No. 94, 1988, Zoning Approximately 229.7683 ' Acres, Known as the Rigden Farm, into the T Transition District. APPLICANT: State Board of Agriculture OWNER: Same Room 202 Administration Building Colorado State University Fort Collins, CO 80523 This Resolution sets forth findings and determinations that the area is eligible for annexation pursuant to Colorado state law. Ordinance No. 93, 1988, which was adopted 5-2 on July 5, and Ordinance No. 94, 1988, which was adopted 7-0 on July 5, annex and zone approximately 229.7683 acres located south of East Drake Road and east of Timberline Road. The requested zoning is the T Transition District. The property is presently undeveloped and is part of a CSU experimental farm. This is a voluntary annexation. PLANNING AND ZONING BOARD_ RECOMMENDATION: The Planning and Zoning Board, at its regular monthly meeting held on June 27, 1988, voted 3-0, with one abstention, to recommend approval of the annexation and requested zoning, as part of the Board's consent agenda." Councilmember Mabry made a motion, seconded by Councilmember Estrada, to , adopt Resolution 88-128. Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Mabry, Maxey, Stoner, and Winokur. Nays: None. THE MOTION CARRIED. Councilmember Winokur made a motion, seconded by Councilmember Kirkpatrick, to adopt Ordinance No. 93, 1988 on Second Reading. Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Mabry, Maxey, Stoner, and Winokur. Nays: None. THE MOTION CARRIED. Councilmember Mabry made a motion, seconded by Councilmember Kirkpatrick, to adopt Ordinance No. 94, 1988 on Second Reading. Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Mabry, Maxey, Stoner and Winokur. Nays: None. THE MOTION CARRIED. Ordinance No. 104, 1988, Adopting the District -Precinct Map for the 1989 Regular City Election. Adopted on Second Reading Following is staff's memorandum on this item: , -253- August 16, 1988 ' "Article 11, Section 1(c) of the City Charter requires that Council set new District boundaries by ordinance at least six months before each District election. The next Regular City Election will be held March 7, 1989, and new boundaries must therefore be set no later than August 16. On August 2, Council adopted this Ordinance on First Reading by a vote of 4-3, adopting Option "A" of the District -Precinct boundary map dated August 2, 1988. Adoption of this Ordinance on Second Reading will meet the August 16 deadline." Councilmember Kirkpatrick made a motion, seconded by Councilmember Horak, to adopt Ordinance No. 104, 1988 on Second Reading. The vote on Councilmember Kirkpatrick's motion to adopt Ordinance No. 104, 1988 was as follows: Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Stoner, and Winokur. Nays: Councilmembers Mabry and Maxey. THE MOTION CARRIED. Ordinance No. 107, 1988 Calling a Special Municipal Election on November 8, 1988 and Submitting Ordinance No. 106, 1988 to a Vote of the Registered Electors at such Special Election. Adopted on Second Reading Following is "On June 7, staffs memorandum on this item: 1988, Council held a public hearing on the of question amending the City's anti -discrimination ordinance so as to include sexual orientation as a protected class. At the conclusion of that hearing, Council. requested that a proposed ordinance amending Chapter 13 of the Code be presented to Council for consideration. On July 5, 1988, staff presented a proposed ordinance which, if adopted, would prohibit discrimination on the basis of sexual orientation in the areas of employment, housing and public accommodations. Certain revisions in proposed Ordinance No. 106, 1988, were made as a result of the public hearing on July 5, 1988. On August 2, Council held a public hearing on proposed Ordinance No. 106, 1988. Ordinance No. 107, 1988, which was adopted 5-2 on First Reading on August 2, calls a special election on November 8, 1988 and submits proposed Ordinance No. 106, 1988 to a vote of the electorate at the special election." Councilmember Horak made a motion, seconded by Councilmember Kirkpatrick to adopt Ordinance No. 107, 1988 on Second Reading. Sharyl Batchelder, 300 Smith` -Street, expressed support for the Ordinance. ' Chuck Rhodes, 1401 Patton Street, opposed adoption of the Ordinance. -254- August 16, 1988 The vote on Councilmember Horak's motion to adopt Ordinance No. 107, 1988 ' on Second Reading was as follows: Yeas: Councilmembers Horak, Kirkpatrick, Maxey, Stoner, and Winokur. Nays: Councilmembers Estrada and Mabry. THE MOTION CARRIED. Resolution 88-131 Authorizing the Expenditure of Such Staff Time and Resources as May be Necessary to Distribute Objective Information on Proposed Ordinance No. 106, 1988, Which Prohibits Discrimination on the Basis of Sexual Orientation in the Areas of Employment, Housing, and Public Accommodations, Adopted Following is staff's memorandum on this item: "EXECUTIVE SUMMARY The Colorado Campaign Reform Act (CRA) provides that cities may make contributions or contributions in -kind in campaigns involving issues in which they have an official concern, provided the governing body authorizes' such contributions. This Resolution makes a determination that Ordinance No. 106, 1988, is a matter of official concern for the City of Fort Collins, and authorizes the expenditure of such staff time and resources as ' may be necessary to provide objective factual information concerning the proposed ordinance which has been placed on the ballot of a Special City Election to be held in conjunction with the General Election on November 8, 1988. Staff anticipates that the major expense will be an in -kind contribution of staff time to answer questions concerning the Ordinance. Similar Resolutions have been adopted to authorize expenditures concerning previous ballot issues." Councilmember Winokur made a motion, seconded by Councilmember Estrada, to adopt Resolution 88-131. Councilmember Horak questioned the need for the Resolution. City Manager Burkett explained the requirements of the Campaign Reform Act, adding staff needs to account for expenditures of time and resources relating to providing factual and objective information on the proposed Ordinance. The vote on Councilmember Winokur's motion to adopt Resolution 88-131 was as follows: Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Maxey, Stoner, and Winokur. Nays: Councilmember Mabry. THE MOTION CARRIED. -255- August 16, 1988 ' Ordinance No. 112, 1988, Submitting a Proposed Charter Amendment Concerning Conflicts of Interest to a Vote of the Registered Electors. Denied on First Reading Following is staff's memorandum on this item: "EXECUTIVE SUMMARY The repeal and reenactment of Article IV, Section 9, of the City Charter is being recommended by staff, in order to provide City officials and employees with better guidelines and definitions regarding conflicts of interest. BACKGROUND Section 9 of Article IV of the Charter presently reads as follows: No officer or employee of the city shall be financially interested, directly or indirectly, in the purchase from or sale to the city of any land, materials, or supplies or of services except personal services as an officer or employee. Any violation of this Section, with the knowledge express or implied of the person or corporation contracting with the city, shall ' render the contract voidable by the City Manager or the Council. The proposed new Charter language would pertain not only to contracts with the City, but also to other kinds of situations involving potential conflicts of interest, such as staff recommendations on proposed courses of. action and the decision -making of City Council and City boards and commissions. The various changes are described below. City Contracts: Sales and purchases would be separately treated under the proposed amendment. The absolute prohibition presently contained in the Charter would still exist with regard to the sale to the City of any real or personal property, etc.; provided, however, that the prohibition would not apply to members of any authority, board, committee or commission of the City or relative thereof other than the members of the City Council. As to purchases from the City, the only purchases that would be permitted by officers or employees would be purchases of property offered for sale at an established price, and not by bid or auction, on the same terms and conditions as to all other members of the general public. Any contract made in violation of these rules would be voidable by the City and an additional remedy would be provided whereby a party obtaining payment by reason of any such contract would be required to forthwith return to the City all monies received from the City under the contract. -256- August 16, 1988 Conflicts of Interest: New rules would be established in the Charter governing the conduct of City officials and employees regarding conflicts of interest. The general rule would be that any officer or employee having any financial or personal interest in a decision of the City would be required to formally disclose such interest and to thereafter refrain from participating in or attempting to influence the decision of the City regarding the matter in which he or she is personally or financially interested. Definitions: "Financial interest" would be defined in the new Charter provision to mean any interest equated with money or its equivalent. The City Council would be empowered by the Charter to adopt by ordinance rules and regulations interpreting and applying the Charter provisions, as well as supplemental definitions, including the definition of certain remote or speculative interests which would be excluded from the meaning of "financial interest." Conclusion: In combination, staff believes that these changes would better address the recurring questions of conflicts of interest with which public employees and officials are frequently faced. The goal of the changes is to provide more definite rules and definitions but, at the same time, to leave ' sufficient flexibility within the rules so as to permit their application to any number of different fact situations with which the public official may be faced. Procedure: The Charter provides in Article IV, Section 8, that Charter amendments be accomplished according to the laws of the State of Colorado. Section 31-2-210, C.R.S., further provides that proceedings to amend the home rule Charter may be initiated by an ordinance adopted by the governing body submitting the proposed amendment to a vote of the registered electors of the municipality. A special municipal City election has previously been scheduled to be held on November 8, 1988." Councilmember Mabry made a motion, seconded by Councilmember Kirkpatrick, to adopt Ordinance No. 112, 1988 on First Reading. City Attorney Steve Roy explained the procedure being offered and summarized the changes that would result from the proposed Charter Amendment. He stated the purpose of the new conflict of interest rule in the Charter and explained the definition of financial interest. Bruce Lockhart, 2500 East Harmony Road, had questions concerning the definition of personal interest. -257- August 16, 1988 Councilmember Horak stated he would not be supporting the Ordinance. He expressed concern about the clarity of the proposed Ordinance. Councilmember Winokur stated he had some of the same concerns as Councilmember Horak. He expressed concern regarding new procedures, new rules, and interpretations that may create large loopholes. He stated he believed that Charter Amendments are important fundamental components and that Charter Amendments should receive public input. He encouraged postponing the Ordinance until the March election and stated he would not be supporting the Ordinance. Councilmember Kirkpatrick expressed concern that the present Ordinance is not clear and stated she preferred the proposed Ordinance be submitted at the March election. She noted some discomfort with the present Ordinance but stated she would not be supporting the Ordinance. Councilmember Estrada stated he would prefer the Ordinance be scheduled for the March election. Councilmember Mabry stated the Ordinance needs more work before it can be put to a vote. The vote on Councilmember Mabry's motion to adopt Ordinance No. 112, 1988 was as follows: Yeas: Councilmembers Mabry. Nays: Councilmembers Estrada, Horak, Kirkpatrick, Maxey, Stoner, and Winokur. I THE MOTION FAILED. Resolution 88-132 Making Appointments to the Zoning Board of Appeals. Postponed Until September 6 Following is staff's memorandum on this item: "Annual appointments were made to the City's boards and commissions on July 19, 1988. At that time, Council decided to delay the appointment of three members to the Zoning Board of Appeals to allow time to interview additional candidates. Interviews have been conducted, and recommendations for appointment to the Zoning Board of Appeals will be announced at this meeting. In keeping with Council's policy, this Resolution will be tabled until September 6 to a1low time for public input." Councilmember Winokur made a motion, seconded by Councilmember Mabry to adopt Resolution 88-132 with the insertion of the names as follows: Zoning Board of Appeals 1 -258- August 16, 1988 Carole Wilmarth (Alt.) July 1, 1990 ' Chuck Huddleson (Alt.) July 1, 1990 Paul Nelson July 1, 1991 Councilmember Winokur made a motion, seconded by Councilmember Mabry, to postpone consideration of Resolution 88-132 until September 6. Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Mabry, Maxey, Stoner, and Winokur. Nays: None. THE MOTION CARRIED. Other Business Councilmember Estrada requested Council discussion regarding his letter of reference for Ernie Miranda and a letter he received from Larry Scott in hopes of bringing closure to the item. Councilmember Mabry expressed discomfort in reacting to the information presented, stated he had not had enough time to study the issue. He stated he had not seen a copy of the reference letter prior_to this meeting. Councilmember Kirkpatrick stated she also had not seen a copy of the letter so she would not be able to comment on the propriety of the action. She expressed support for having the Ethics Subcommittee address the issue. ' Councilmember Maxey expressed concern about the letter. He stated he could not make a decision about the letter at this time. Councilmember Estrada stated there was no more information available on the letter other than the two paragraphs that were before Council. Councilmember Estrada made a motion, seconded by Councilmember Winokur, to have a general discussion of the letter with a time limit of forty-five minutes. Larry Scott, 2821 Eagle Drive, encouraged public participation in the discussion. City Attorney Steve Roy clarified that approval of the motion would be to have general discussion on the matter. Councilmember Kirkpatrick expressed concern about the issue going to the Ethics Subcommittee. She stated she would not be support the motion for public discussion at this time. Councilmember Horak encouraged discussion of the issue at this time, noting that it was preferrable to continued media coverage. He stated he was anxious to hear Mr. Scott speak on the issue. -259- August 16, 1988 ' Councilmember Maxey questioned the propriety of the discussion without prior notification to the public. City Attorney Steve Roy stated there was no need for public notice before a motion is to be made. He noted that Council could call for an Executive Session to consider the subject. He noted Councilmember Estrada could overrule a majority vote to go into Executive Session. Councilmember Mabry indicated he would support the motion. Councilmember Winokur expressed his support for the motion and his hope for making a determination to send the issue to the Ethics Committee. The vote on Councilmember Estrada's motion to have general discussion and public participation on this issue was as follows: Yeas: Councilmembers Estrada, Horak, Mabry, Maxey, Stoner, and Winokur. Nays: Councilmember Kirkpatrick. THE MOTION CARRIED. The following people participated in the public discussion: 1. Larry Scott, 2821 Eagle Drive, gave background information on the Miranda case and spoke against the letter written by Councilmember Estrada. ' 2. Carmell Solano, 2200 Berkshire Drive, spoke against Mr. Scott's position. 3. John Gascoyne, 718 West Mountain, attorney, spoke in favor of the routine usage of a character reference. 4. Bill Byrd, 712 Butte Pass, spoke in favor of letters of recommendation. 5. Larry Bates, 612 Skysail, spoke in support of Councilmember Estrada. 6. Lou Stitzel, 521 East Laurel, spoke in favor of letters.of recommendation. 7. Chuck Rhodes, 1401 Patton Street, spoke against the official signature used on the letter. 8. David Lipp, 626 Remington,, spoke in support of Councilmember Estrada. 9. Ausencio Perez, Fort Collins resident, spoke in support of Councilmember Estrada. -260- August 16, 1988 10. Homer Bollinger, 1920 Mohawk, spoke in support of Councilmember Estrada. 11. Paul Thayer, 2542 Orchard Place, spoke in favor of letters of recommendation. 12. Jerry Gavaldon, 3737 Landings Drive, spoke in support of Councilmember Estrada. 13. Nate Easely, Fort Collins resident, spoke in support of Councilmember Estrada. 14. Barb Kistler, 414 Whedbee, spoke in support of Councilmember Estrada. 15. Ron Korell, 1209 Ellis, spoke in support of Councilmember Estrada. Councilmember Estrada spoke of the common practice of writing letters of reference. Councilmember Mabry stated he did not see a violation of the Code of Ethics. He spoke of his concern and use of Council meetings for a partisan political issue. He encouraged Councilmember Estrada to refrain from using Council for political purposes. Councilmember Estrada responded to Councilmember Mabry's comment about the use of Council for political purposes. Councilmember Horak made a motion, seconded by Councilmember Kirkpatrick,. to make the following findings on this matter: I. Councilmember Estrada was within his First Amendment Rights as a Councilmember to comment on any issue. 2. No violation of the policy statement on ethics could be found in reviewing that document. 3. The Council should review the use of title, office and stationery of the Mayor, and the Assistant Mayor and establish a policy to be incorporated into the policy statement on ethics. Councilmember Horak noted the real issue was the propriety of a Councilmember's actions while serving as Mayor or Assistant Mayor. He spoke of the difficulty in determining a violation of policy, when there was no standard policy. He suggested a policy be written for future Councilmembers. He spoke of the individual responsibility Council has in the areas of letter writing, public speaking and decision making. 11 261- August 16, 1988 Councilmember Kirkpatrick supported Councilmember Horak's motion and questioned the appropriate time to use Mayor letterhead and the use of the title of Mayor. Councilmember Maxey stated he shared Councilmember Kirkpatrick's concerns. Councilmember Winokur expressed his support for Councilmember Estrada and noted he did not believe there was a violation of policy. He stated he would support Councilmember Horak's motion. Councilmember Estrada stated he would support Councilmember Horak's motion and encouraged the development of standards for Council. Mayor Stoner stated he would not support the motion. Councilmember Horak restated the points of his motion as follows: 1. Mr. Estrada was within his rights as a Councilmember to comment on any issue. 2. No violation of the policy statement on ethics occurred. 3. The Council should review the use of title, office, and stationery of the Mayor and Assistant Mayor and establish a policy to become part of the policy on ethics. ' The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Mabry, Maxey, Winokur, and Stoner. Nays: None. THE MOTION CARRIED. Addournment Councilmember Mabry made a motion, seconded by Councilmember Horak, to adjourn the meeting. Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Mabry, Maxey, Stoner, and Winokur. Nays: None. The meeting adjourned at 9:25 p.m. /� TTEST: City C erk or -262-