HomeMy WebLinkAboutMINUTES-10/04/1988-RegularOctober 4, 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, October 4, 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: Noe, Krajicek, Roy
Citizen Participation
A. Proclamation Naming October 9-15 as Fire Prevention Week was accepted
by a representative of the Poudre Fire Authority who extended an
invitation to all citizens of Fort Collins to attend the Fire
Prevention displays at the Foothills Fashion Mall on October 15th and
16th.
B. Proclamation Naming the Week of October 15-22 as Scouting for Food Good
Turn Week was forwarded to the appropriate persons.
C. Proclamation Naming the Week of October 9-15 as Public Power Week was
accepted by Rich Shannon, Utilities Director. Mr. Shannon expressed
his appreciation for the recognition of Public Power Week and noted the
advantages of public power.
D. Proclamation Naming the Week of October 2-8 as 4-H Club Week was
accepted by Sean Hehn, representing Larimer County 4-H Clubs. Mr. Hehn
commented on the current aspects of 4-H and stated his gratitude for
the proclamation. He mentioned two open houses, on October 5th at the
McMillan Building in Loveland and October 12th at the Fort Collins
Larimer County Extension Office and encouraged the public to attend.
E.
Sexuality Month was received by Ann Watson, representing the Larimer
County Health Department. She noted the purposes behind the
Proclamation and encouraged communication and education between parents
and children.
F. Proclamation Naming the Month of October as AIDS Awareness Month was
accepted by Ann Watson, representing the Larimer County Aids Education
Committee. Ms. Watson noted the statistics associated with Aids.
Through the Larimer County Education Committee Ms. Watson extended an
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October 4, 1988
invitation to all citizens of Fort Collins to learn the facts about '
Aids.
Communication Month was received by Beth Bennett, Toastmistress an
President of International Training and Communication.
nanaicappea awareness weekend was accepted by Mike Carey of Troop 95.
He expressed his thanks for the Proclamation and spoke of the Tootsie
Roll drive that is being sponsored by the Knights of Columbus to
benefit the Special Olympics.
Mayor Stoner spoke of a recent trip to New York with Tom Peterson and Joe
Frank where he represented the City of Fort Collins. He noted the City was
recognized for its innovation and creativity when dealing with problems of
city government and was awarded $100,000 by the Ford Foundation. Mayor
Stoner stated that out of nine -hundred -seventy entries Fort Collins was one
of ten cities that was recognized. He expressed his appreciation to the
Planning Department for its involvement.
Jim Creeden, 4020 Goodell Lane #4, inquired about public input time limits.
He congratulated Mike Powers as the new Director of Cultural, Library and
Recreation Services. He commented on a letter he received from
Councilmember Maxey and commented on the Code of Ethics. '
Councilmember Maxey responded to Mr. Creeden's statements and encouraged
Mr. Creeden not to use the Council floor to make unfounded charges against
individuals.
Agenda Review: City Manager
Deputy City Manager Skip Noe noted a revised Option A for Item #29 had been
provided to Council.
Consent Calendar
This Calendar is intended to allow the City Council to spend its time and
energy on the important items on a lengthy agenda. Staff recommends
approval of the Consent Calendar. Anyone may request an item on this
calendar be "pulled" off the Consent Calendar and considered separately.
Agenda items pulled from the Consent Calendar will be considered separately
under Agenda Item #22, Pulled Consent Items.
5.
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October 4, 1988
' 6. Second Reading of Ordinance No 98 1988 as amended Amending Chapter
29 of the Code of the City to Create Criteria for Neighborhood
Convenience Shopping Centers and to Establish Definitions in Aid
Thereof.
7.
The current plans, policies and development regulations of the City do
not provide adequate guidance for the review of convenience shopping
centers in residential neighborhood areas. For the past six months,
the Planning and Zoning Board examined this issue and recommended a
number of changes. First, new land use policies should be adopted as
part of the City's Land Use Policies Plan describing the public's
desire for the location and use of these kinds of centers. Secondly,
design guidelines should be adopted and utilized in the review of such
centers. Finally, certain amendments be made to the Zoning Ordinance
which implements these policies including adoption of new criteria in
the LDGS.
These recommendations have been reviewed at a number of public
meetings and work sessions. Both staff and the Planning and Zoning
Board believe that the proposed policies and regulations offer a
balance between the need to protect neighborhoods from the
introduction of disruptive or incompatible commercial uses and the
desire of the public to allow the location of these kinds of centers
in the community.
On September 20, the Council voted 6-1 to adopt Resolution 88-109
Amending the Land Use Element of the Comprehensive Plan and Resolution
88-110 Approving Design Guidelines for Neighborhood Convenience
Shopping Centers. Also on September 20, Council adopted on First
Reading by a vote of 6-1 this Ordinance which creates criteria for
neighborhood convenience shopping centers, with the instruction that
staff modify the definition contained in the Ordinance.
Larimer County proposed water main and sewer main improvements for the
Richard's Lake development through a County Special Improvement
District. On March 15, 1988, the City consented by Ordinance to the
construction of the portion of the improvements which lie within the
City limits.
Recently, the involved property owners in the County have decided not
to participate in the SID. This has reduced the scope of the project
and has left the remaining district property entirely within the City
limits. Because of time constraints in agreements between the SID and
the utility service districts, and because the County has proceeded
with the formation of this district to the point of issuing bonds,
' staff believes it is in the City's best interest to allow Larimer
County to proceed with this SID.
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October 4, 1988
This amendment Ordinance, which was unanimously adopted on First '
Reading on September 20, will change the wording in the Ordinance as
follows: "Whereas, all of the improvements to be included in the
District would lie within the corporate boundaries of the City of Fort
Collins "
Items Relating to Telephone System Equipment.
A. Second Reading of Ordinance No. 126, 1988, Authorizing the
Purchasing Agent to Enter into an Agreement with Northern Telecom
Finance Corporation for Lease/Purchase to Improve and Upgrade the
City's Telephone System and Equipment.
B. Second Reading of Ordinance No. 127, 1988, Appropriating
Unanticipated Revenue for the "Utilities" share of the cost of
Telephone System Equipment.
These Ordinances were unanimously adopted on First Reading on
September 20.
In 1978, with the construction of City Hall West, the City purchased
the Northern Telecom SL-IL PBX telephone system. The system was
designed for voice communications to serve from 500 to 750 telephone
lines. In 1984, City Council authorized the expansion of the initial
SL-IL to an SL-IN to accommodate the City's growth and the '
organization's move into data communications with the PBX (Office
Automation). This upgrade was predicted to accommodate the next 5
years' growth of the City's voice and data needs. The end of that
5-year period is here, and the City has actually reached some maximums
with this model PBX - thus, the need to upgrade.
The total cost to upgrade the City's system will be approximately
$245,000. This consists of $186,500 for the new SL-1XT and $58,500 of
existing leases which are being "rolled over" into a new lease to
consolidate and take advantage of the lower interest rate of 7.8%.
The net amount of the new lease will be $204,000, after applying the
$40,000 received from the "Utilities" in the appropriation of
unanticipated revenues. The various "Utilities" have special needs
for equipment, associated with the new Customer Service System, over
and above normal usage requirements.
Items Relating to the Fossil Creek West First Annexation
A. Resolution 88-147 Finding Substantial Compliance and Initiating
Annexation Proceedings for the Fossil Creek West First Annexation.
First Reading of Ordinance No. 128, 1988, Annexing Approximately
30.1974 Acres Known as the Fossil Creek West First Annexation.
First Reading of Ordinance No. 129, 1988, Zoning Approximately I
30.1974 Acres Known as the Fossil Creek West First, into the T
Transition District.
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APPLICANT: J. Paul Heffron
P.O. Box 1345
Boulder, CO 80306
October 4, 1988
OWNERS: U.S. 287 Ltd. and
Foothills Office Park Ltd.
1624 Market Street, #204
Denver, CO 80202
This is a request to annex and zone approximately 30.1974 acres
located west of South College Avenue in the vicinity of Fossil Creek
Parkway. The requested zoning is the T Transition District. The
property is presently undeveloped. This is a voluntary annexation.
10. Items Relating to the Fossil Creek West Second Annexation.
A. Resolution 88-148 Finding Substantial Compliance and Initiating
Annexation Proceedings for the Fossil Creek West Second
Annexation.
B. First Reading of Ordinance No. 130, 1988, Annexing Approximately
18.8318 Acres Known as the Fossil Creek West Second Annexation.
C. First Reading of Ordinance No. 131, 1988, Zoning Approximately
18.8318 Acres Known as the Fossil Creek West Second, into the T
Transition District.
APPLICANT: J. Paul Heffron OWNERS: U.S. 287 Ltd. and
P.O. Box 1345 Foothills Office Park Ltd.
Boulder, CO 80306 1624 Market Street, #204
Denver, CO 80202
This is a request to annex and zone approximately 18.8318 acres
located west of South College Avenue in the vicinity of Fossil Creek
Parkway. The requested zoning is the T Transition District. The
property is presently undeveloped. This is a voluntary annexation.
11. Items Relating to the PACE Membership Warehouse First Annexation.
A. Resolution 88-149 Finding Substantial Compliance and Initiating
Annexation Proceedings for the PACE Membership Warehouse First
Annexation.
B. First Reading of Ordinance No. 132, 1988, Annexing Approximately
9.1034 Acres Known as the PACE Membership Warehouse First
Annexation.
C. First Reading ,.of Ordinance No. 133, 1988, Zoning Approximately
9.1034 Acres. Known as the PACE Membership Warehouse First, into
the B-P Planned Business District.
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12.
13.
October 4, 1988
APPLICANT: Fred & Dorothy McClanahan OWNERS: Fred and Dorothy McClanahan '
c/o RBD Inc. 5001 South College Avenue
Engineering Consultants Fort Collins, CO 80525
2900 South College Avenue
Fort Collins, CO 80525
This is a request to annex and zone approximately 9.10 acres located
west of South College Avenue, north of Mill Brothers Nursery and south
of Fossil Creek Nursery. The requested zoning is the B-P Planned
Business District with a condition that all development proceed as a
planned unit development accord ing to the criteria of the Land
Development Guidance System. The property is presently undeveloped.
This is a voluntary annexation. The petitioners have reserved the
right to withdraw the petition any time prior to second reading.
This Ordinance appropriates $25,925 in unanticipated revenue in the
Library Grants Fund, $11,740 for continuation of the Library Adult
Literacy Program, and $14,185 to fund cooperative purchase of
unabridged books on audio tape for five libraries in Larimer and Weld
Counties.
Title 31, Article 23 of Colorado Revised Statutes contains the
statutory provisions of the State regarding planning and zoning in
municipalities. Article 23 is applicable to all statutory cities, and
to home rule cities to the extent that they have not legislated to the
contrary.
The City Code provides, in Section 2-353, that one of the functions of
the Planning and Zoning Board is to "exercise the authority vested in
it by state zoning laws." Article 23 is broken down into several
parts, one pertaining to plats, the other pertaining to planning
commissions, and the other pertaining to zoning. Staff believes that
Section 2-353(2) contains an ambiguity when it authorizes the Planning
and Zoning Board to exercise the authority vested in it by the State
"zoning" laws without making mention of state "planning" laws. Staff
recommends that the subsection be amended to provide that the Planning
and Zoning Board shall have the function of exercising the authority
vested in it by both State zoning and planning laws in order to
clearly and expressly avail the City of the "planning" related
statutes contained in Article 23.
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October 4, 1988
' 14.
This is a staff -initiated request to amend the definition of "aquarium
shop", which is contained in Section 29-1 of the Zoning Code. The
change is considered minor and consists of adding the sale of birds as
a permitted accessory use in an aquarium shop. This type of use is
specifically listed as a permitted use only in the B-L (limited
business) zoning district.
Staff finds that this minor change to the definition does not increase
the impact that aquarium shops have in the B-L zone, and that the land
use will remain low impact in character.
15.
Maintenance Program.
This Resolution authorizes the Director of Purchasing and Risk
Management to approve a change order to increase the amount of street
repair in the 1988 Local Street Maintenance Program. The change order
for $255,426.60 would be added to the contract with Flatiron Paving
Company to rehabilitate Howes Street from Cherry to LaPorte, the Mantz
Subdivision at the northeast corner of Shields and Laurel, and
Foothills Park Resubdivision at Colony Drive just north of Horsetooth.
The Capital Projects Procedures Manual requires all change orders in
excess of $50,000 to be approved by City Council.
16.
The Resolution authorizes the Director of Purchasing and Risk
Management to enter into a professional services agreement with RBD
Engineering Consultants in the amount $61,485 for design and
construction services for the North College Water Line. The project
includes design of approximately 4900 feet of 12-inch pipeline to
replace an existing 4-inch line along the west side of North College
Avenue from the Poudre River to Willox Lane.
17.
This is a street name change request to rename Dogleg Court in the
Fairway Five Estates at Southridge Greens P.U.D. Replat to Castle
Pines Court. The request for the name change is from all the property
owners of record on Dogleg Court. The reason for the request is that
' Dogleg Court, outside the context of a golf course, has a negative
connotation. Castle Pines Court, however, continues the golf course
theme and yet has a pleasant connotation.
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19.
October 4, 1988
This Resolution would authorize the purchase of 125 units of
Colorado -Big Thompson (CBT) Project water. To accomplish the
transfer, the Northern Colorado Water Conservancy District requires
that a Temporary Use Permit be approved by an appropriate resolution
from the City Council.
This Resolution establishes a new method for making appointments to
the Community Development Block Grant Program's Citizen Steering
Committee. Under the new method, six (6) neighborhood representatives
would be selected by neighborhood residents at an annual neighborhood
meeting and seven (7) other committee members would be appointed by
City Council through the boards and commissions selection process.
20. Resolution 88-146 Making an Appointment to the Convention and
Visitors' Bureau.
A vacancy currently exists on the Convention and Visitors' Bureau '
Board of Directors due to the untimely death of Terry Sarazin. This
position represents the community at -large. Interviews of active
applicants were conducted on September 19, and in keeping with Council
policy, the Council liaison announced the recommended appointment on
September 20. The appointment was tabled to October 4 to allow time
for public input.
The prospective appointee is:
Name
Expiration of Term
Katie Williams December 31, 1990
21. Routine Deeds and Easements.
Deed of Easement from Colorado National Mortgage Company needed
for the Laporte Bridge Reconstruction Project located at 1760
Laporte Avenue. The existing bridge on Laporte Avenue located
over the Larimer County Canal No. 2 between Frey Ave. and Bryan
Ave. has been rated as structurally deficient in the State Highway
Department's bridge inventory. The City has applied for and
received a State grant for 80% of the cost of design, right-of-way
acquisition and construction for a replacement structure. A new
bridge has been designed and construction of the replacement '
bridge is scheduled for winter and early spring. Consideration:
$10.
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October 4, 1988
b. Powerline easement from Dennis J. Houska, 899 Riverside, needed to
install underground electric system. Consideration: $10.
Ordinances on Second Reading were read by title by Wanda Krajicek, City
Clerk.
Item #6. Second Reading of Ordinance No. 98, 1988, as amended. Amending
Chapter29 of the Code of the City to Create Criteria for
Neighborhood Convenience Shopping Centers and to Establish
Definitions in Aid Thereof.
Item V .
County Special Improvement District.
Item #8. A. Second Reading of Ordinance No. 126, 1988, Authorizing the
Purchasing Agent to Enter into an Agreement with Northern
Telecom Finance Corporation for Lease/Purchase to Improve and
Upgrade the City's Telephone System and Equipment.
B. Second Reading of Ordinance No. 127, 1988, Appropriating
Unanticipated Revenue for the "Utilities" share of the cost
of Telephone System Equipment.
Ordinances on First Reading were read by title by Wanda Krajicek, City
Clerk.
Item #9. B. First Reading of Ordinance No. 128, 1988, Annexing
Approximately 30.1974 Acres Known as the Fossil Creek West
First Annexation.
C. First Reading of Ordinance No. 129, 1988 Zoning
Approximately 30.1974 Acres Known as the Fossil Creek West
First, into the T Transition District.
Item #10. B.
C. First Reading of Ordinance No. 131. 1988 Zoning
Approximately 18.8318 Acres Known as the Fossil Creek West
Second, into the T Transition District.
Item #11. B. First Reading of Ordinance No 132 1988 Annexing
Approximately 9.1034 Acres Known as the PACE Membership
Warehouse First Annexation.
C. First Reading of Ordinance No. 133 1988 Zoning
' Approximately 4.1034 Acres Known as the PACE Membership
Warehouse First into the B-P Planned Business District
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October 4, 1988
Item #12.
Item #13.
Item #14.
Councilmember Winokur made a motion, seconded by Councilmember Estrada, 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.
Staff Reports
Deputy City Manager Skip Noe recognized the fine efforts of Police
Services, Development Services, and the various entities involved in
planning and executing the traffic control plan for the CU/CSU football
game.
Councilmember Reports
Councilmember Kirkpatrick mentioned the staff from Development Services had
provided additional details and administrative guidelines for Item #6 on
neighborhood shopping centers. She noted her appreciation for the
additional information. She noted the Health and Safety Subcommittee of
Council met to continue to evaluate the citizen complaint process used by
the Police Department and that a final report will be provided to Council.
She indicated the Committee would be discussing the underground storage
tank facility situation.
Councilmember Horak inquired about the status of the underground storage
tank standards project.
Councilmember Winokur noted that Poudre Fire Authority staff h
a proposal to the Poudre Fire Authority Board of Directors
staff was encouraged to become involved in an extended outreac
all those associated with and interested in environmental
standards, and code .changes. He encouraged public input
Authority Board meeting at 6:30 on Thursday, October 7th in
Chambers.
h
as presented
He stated
effort with
guidelines,
at the Fire
the Council
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October 4, 1988
Ordinance No. 125, 1988,
Amending Section 29-494(2) of the
Code Relating to Parking Spaces,
Adopted on Second Reading
Following is staff's memorandum on this item:
"Last December, the City Council asked Development Services staff and the
Planning and Zoning Board to look at the issue of parking standards for
multi -family dwelling units containing four or more bedrooms. In response,
a survey was conducted of parking requirements of other "front range"
communities. The Planning and Zoning Board held a work session on February
4, 1988 to discuss this issue.
On August 22, 1988, the Planning and Zoning Board conducted a public
hearing and unanimously recommended to City Council that the Parking
Regulations of the Code be amended to require 2.25 parking spaces for
dwelling units containing four or more bedrooms. There was no opposition
to the amendment.
This Ordinance, as amended to require 2.5 parking spaces for dwelling units
containing four or more bedrooms, was adopted on First Reading on September
20 by a vote of 6-1."
' Councilmember Kirkpatrick made a motion, seconded by Councilmember Mabry,
to adopt Ordinance No. 125, 1988 on Second Reading.
Councilmember Horak stated he was convinced it was a very modest proposal. .
Mayor Stoner stated he would not be supporting the Ordinance.
The vote on Councilmember Kirpatrick's motion to adopt Ordinance No. 125,
1988 on Second Reading was as follows: Yeas: Councilmembers Estrada,
Horak, Kirkpatrick, Mabry, Maxey, and Winokur. Nays: Mayor Stoner.
THE MOTION CARRIED.
Items Relating to the
Jewett Annexation and Zoning
Following is staff's memorandum on this item:
"EXECUTIVE SUMMARY
A. Second Reading of Ordinance No. 137, 1987, Annexing Approximately 37.58
Acres, Known as the Jewett Annexation.
B. Second Reading of Ordinance No. 138, 1987, Zoning Approximately 37.58
' Acres, Known as the Jewett Annexation, into the R-L-P, Low Density
Planned Residential, Zoning District.
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October 4, 1988
On October 6, 1987, Council held a hearing to make determinations and '
findings concerning this annexation and adopted 6-0 Resolution 87-140
setting forth findings and determinations that the area was eligible for
annexation pursuant to Colorado state law. Ordinance No. 137 and Ordinance
No. 138, 1987, unanimously adopted on First Reading on September 15, 1987,
were tabled October 6, 1987 by a vote of 6-0 until Mr. Jewett requested
annexation or the property changed ownership.(a period not to exceed one
year). These Ordinances annex and zone approximately 37.58 acres, located
south of Douglas Road, north of Richards Lake Road and west of County Road
11, which is presently an enclave of county area completely surrounded by
incorporated area of the City of Fort Collins. The requested zoning is the
R-L-P, Low Density Planned Residential, Zoning District.
APPLICANT: City of Fort Collins OWNER: Norman W. Jewett
1200 E. Douglas Road
Fort Collins, CO 80524
The area is a county enclave. The following annexations to the City of
Fort Collins created the enclave:
N: Country Club North 2nd Annexation, January 1984
E: Country Club North 2nd Annexation, January 1984
S: Country Club North 2nd Annexation, January 1984
W: Country Club North 2nd Annexation, January 1984
The area has thus been eligible for involuntary annexation into the city
since January 1987. On June 30, 1987, staff sent a letter to the property
owner informing him of the pending annexation, potential zoning district
designation, and meeting date of review by the Planning and Zoning Board.
Staff received no contact from the property owner until the evening of the
Planning and Zoning Board meeting on July 27, when Mr. Jewett asked several
question about City police protection and security for farm animals he
keeps on the property.
onin
The requested zone for this annexation is the R-L-P Low Density Planned
Residential Zoning District. The R-L-P district designation is for areas
which are expected to develop predominantly with residential land uses.
Single-family residential subdivisions are "uses -by -right" in the R-L-P
zone. Any higher density residential uses and/or any non-residential land
uses can be proposed for development in the R-L-P zone as planned unit
developments and be evaluated according to the criteria of the LAND
DEVELOPMENT GUIDANCE SYSTEM. The surrounding property is also zoned R-L-P.
Findings
The annexation of this area as a county enclave is consistent with the I
policies and agreements between Larimer County and the City of Fort
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October 4, 1988
Collins contained in the INTERGOVERNMENTAL AGREEMENT FOR THE FORT
COLLINS URBAN GROWTH AREA.
2. The area meets all criteria included in State law to qualify for a
county enclave eligible for involuntary annexation by the City of Fort
Collins.
3. The R-L-P zoning district is in conformance with the City's
Comprehensive Plan.
PLANNING AND ZONING BOARD RECOMMENDATION:
The Planning and Zoning Board, at its regular monthly meeting of July 27,
1987, voted to recommend approval of the annexation and requested zoning.
At the Board's meeting, the property owner, Mr. Norman Jewett, raised
several questions about the extension of City police protection to the
property after annexation and security for farm animals (sheep) which he
keeps on the property."
Councilmember Winokur made a motion, seconded by Councilmember Kirkpatrick,
to adopt Ordinance No. 137, 1987, on Second Reading.
Chief Planner Ken Waido gave a brief background summary and responded to
questions.
' Jim Creeden, 4020 Goodell Lane S4, commented on the item.
Norman Jewett, opposed the annexation and requested a postponement until
further development.
The vote on Councilmember Winokur's motion to adopt Ordinance No. 137, 1987
on Second Reading was as follows: Yeas: Councilmembers Estrada, Horak,
Kirkpatrick, Mabry, Maxey, Stoner, and Winokur. Nays: None.
THE MOTION CARRIED.
Councilmember Mabry made a motion, seconded by Councilmember Kirkpatrick,
to adopt Ordinance No. 138, 1987, on Second Reading. Yeas: Councilmembers
Estrada, Horak, Kirkpatrick, Mabry, Maxey, Stoner, and Winokur. Nays:
None.
THE MOTION CARRIED.
Resolution 88-155 Making Appointments to
the Housing Authority, Tabled Until October 18
Following is staff's memorandum on this item:
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October 4, 1988
"EXECUTIVE SUMMARY I
Two vacancies currently exist on the Housing Authority due to the
resignations of Stephanie Padilla and Peggy Rolfes. Advertisements were
placed in August, and Councilmembers Winokur and Kirkpatrick conducted
interviews on September 29.
In keeping with Council's policy, adoption of the Resolution should be
postponed until October 18 to allow time for public input."
Councilmember Winokur made a motion, seconded by Councilmember Kirpatrick,
to adopt Resolution 88-155 inserting the following names:
Lora Beerbower July 1, 1990
Anita Basham July 1, 1993
John Kefalas (alt.) July 1, 1989
Councilmember Estrada made a motion, seconded by Councilmember Mabry, tc
table the Resolution until October 18th. Yeas: Councilmembers Estrada,
Horak, Kirkpatrick, Mabry, Maxey, Stoner, and Winokur. Nays: None.
THE MOTION CARRIED.
Resolution 88-156 Authorizing '
the Purchase and Rails to Trails
Conversion of a Portion of the
Burlington -Northern Railroad Rex Line, Adopted
Following is staff's memorandum on this item:
"FINANCIAL IMPACT
The total price for the purchase and conversion of the Rex Line is $68,906.
The Light and Power share will be $27,256. The Parks and Recreation share
will be $41,650. Both departments have sufficient funds available for the
acquisition.
EXECUTIVE SUMMARY
This Resolution would authorize the purchase of 16.88 acres of railroad
right-of-way, and the use of Section 8(d) "Rails to Trails conversion" for
the remaining portion of right-of-way. The acquisition costs amount to
$68,906.
BACKGROUND
The Burlington -Northern Railroad has indicated that it plans to apply to
the Interstate Commerce Commission for permission to abandon a portion of '
the old Rex Line from Sherwood Street northwest to the Town of LaPorte. The
subject right-of-way is 4.19 miles in length and encompasses over 46 acres.
The Interstate Commerce Commission (ICC) is the Federal regulatory agency
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October 4, 1988
in this matter, and will ,consider granting the abandonment soon after the
railroad company files its request, which is anticipated to occur on
September 29, 1988.
Staff has discussed with Burlington -Northern the possibility of acquiring
the right-of-way. The right-of-way presents the City with an opportunity
to connect the Poudre River Trail to Overland Trail, and ultimately to the
Foothills trail system. The Light and Power Department currently leases a
portion of the existing right-of-way for parking at the Wood Street Service
Center, the use of which could be lost if the purchase were not made.
A 2.03-acre portion of the right-of-way from Sherwood Street to Wood Street
is clear of reversionary interests from adjacent property owners and could
be acquired by outright purchase for $26,136 per acre ($53,056 total).
This acreage includes the portion currently under lease to Light and Power.
If acquired, this parcel would continue to be used for parking, in addition
to entry and access improvements to the Service Center. To the west along
the right-of-way, there are 14.85 acres without reversionary interests
which could be purchased outright for $1,000 an acre ($14,850 total). The
purchase price for these two parcels would be $67,906. The title to the
remaining right-of-way contains reversionary language, meaning that the
heirs and/or assigns of the original landowners from which the railroad
first acquired the right-of-way could assert ownership of portions of the
right-of-way upon abandonment. If this were to happen, the City would have
to negotiate with those individuals to buy the abandoned right-of-way. A
simpler way to preserve the continuity of the right-of-way and acquire the
interim use of it would be by utilization of a "rails to trails
conversion."
The "Rails to Trails" conversion concept is contained in Section 8(d), of
the National Trails Act. Section 8(d) compels the ICC to preserve for
future rail use a railroad right-of-way that faces abandonment if a
qualified agency can be found to establish and maintain a trail in the
right-of-way. This prevents abandonment and reversion of the right-of-way
land to the adjacent individual landowners. The trail use would be an
interim use, as the ICC would retain regulatory authority to reconvert the
right-of-way back to rail use if or when a need would arise in the future.
This is known as "railbanking."
In the case of the Rex Line, the Railroad would quitclaim the railbanked
portion of the right-of-way to the City for $1,000. The railroad would
then remove the trackage and signal equipment, leaving in place the
remaining infrastructure (particularly bridges) to facilitate trail
construction. The City of Fort Collins would establish and maintain a
trail in the right-of-way. All existing leases and encroachments on the
right-of-way would be assigned to the City. The disposition of these
leases and encroachments would be handled on a case -by -case basis. The
City would assume legal responsibility for the right-of-way during the time
that it is used as a trail and relieve the railroad from any further
' responsibility. Upon reactivation for rail use, the new carrier would
assume liability.
-338-
October 4, 1988
In light of the request for abandonment, it
is our
belief that the
'
invocation of Section 8 (d) is the best option for
keeping
the right-of-way
intact for interim trail purposes and potential
future
rail uses. The
extension of the Poudre River Trail to west of
Overland
Trail and into
LaPorte is valuable for its logical connection
to the
Foothills trail
system. The cost of acquiring the right-of-way
in this
manner would be
substantially less than the cost of attempting to assemble a continuous
trail from a number of individual landowners.
The trail use would be consistent with the Goals and Objectives Element of
the City's Comprehensive Plan, the Land Use Policies Plan, and the 1987
Parks and Recreation Master Plan. By implementing the trails conversion of
the Rex Line, the City would be following the direction of its adopted
plans and policies.
Staff believes that this represents a unique opportunity for the City to
extend the Poudre River trail system (if only on an interim basis), acquire
currently leased property for the Service Center, and provide a small
addition to Martinez Park."
Councilmember Winokur made a motion, seconded by Councilmember Horak, to
adopt Resolution 88-156.
Planning Director Tom Peterson, presented an overview of the Rex Line
acquisition, reviewed funding, and responded to questions. '
Councilmember Horak stated he would be supporting the Resolution.
Councilmember Kirkpatrick expressed her support for the Rails to Trails
Program and spoke of her knowledge of a similar program in Massachusetts.
Councilmember Estrada noted his appreciation of the Rails to Trails program
in Fort Collins.
The vote on Councilmember Winokur's motion to adopt Resolution 88-156 was
as follows: Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Mabry,
Maxey, Stoner, and Winokur. Nays: None.
THE MOTION CARRIED.
Items Relating to Establishment
of a Policy for Advertising at
the Edora Pool Ice Center
Following is staff's memorandum on this item:
"EXECUTIVE SUMMARY
A. Resolution 88-157 (Option A) Adopting the Advertising Policy for the
Edora Pool Ice Center; OR I
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October 4, 1988
B. Resolution 88-157 (Option B) Adopting the Advertising Policy for the
Edora Pool Ice Center; OR
C. Motion (Option C) to retain the existing policy set out in Resolution
88-126 adopted by Council on August 16.
An advertising policy was established on February 3, 1987 for the Edora
Pool Ice Center. This policy was found to be restrictive to private user
groups of the facility during their fundraising efforts because no alcohol
advertising of any kind was allowed. As a result, a more liberal policy
was adopted by City Council on August 16, 1988, which allows the
advertising of certain alcoholic beverages. On September 6, 1988, City
Council agreed to reconsider this policy.
BACKGROUND
Staff offers three options for consideration. Resolution 88-157 (Option A)
which is the original policy adopted by City Council when the facility
opened in 1987, can be adopted; Resolution 88-157 (Option B) which is a
refinement of the present policy, can be adopted; or a motion can be made
to retain the existing policy set out in Resolution 88-126 adopted by
Council on August 16.
The original advertising policy (Option A) did not allow the advertisement
of alcohol of any kind in the facility. 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 policy prohibiting any alcohol advertising made it more
difficult for the private user groups to fund their programs. The current
policy (Option C) allows the City to accept donations of equipment from
businesses which sell or distribute beer and other low -alcohol content
items and to display the donor's logo or name on the equipment. The
current policy also allows businesses who sell or distribute certain
alcohol products to display advertising on team shirts, posters, etc.
The policy currently in place
alcohol products with an alcohol
and concerns about this policy h
members and interested residents
policy revolves around whether or
which serves alcohol products of
content of 13 percent or less, car
(Option C) allows the advertisement of
content of 13 percent or less. Questions
ave recently been raised by City Council
One major question about the current
not, for example, a restaurant or a bar
all kinds, not just those with an alcohol
advertise in the facility.
Staff has developed
a third option (Option 8)
which more clearly restricts
the usage of alcohol
advertising, resulting in
a less liberal policy, but
still allowing businesses
and corporations
associated with selling or
producing alcohol to
support user groups and
the City through advertising
'
and sponsorships.
340-
October 4, 1988
The emphasis of Option B is on the business that is advertising and not on
the product the business sells. Option B would support the following
examples: (1) Anheuser-Busch could advertise, but Budweiser could not; (2)
Adolph Coors Company could advertise, but Coors could not; (3) Spring Creek
Bar and Grill could advertise, as could Laughing Dog Saloon or Ace Liquors,
but these businesses could not promote any products they sell.
The issue here involves the way in which bars, liquor stores, and
restaurants are titled. Many don't identify in their business titles that
they serve or sell alcohol, but in fact do --examples: Pizza Hut, Holiday
Inn, Spirits (liquor store), Sports Page (bar). There are, on the flip
side, those businesses who use in their business titles the word "bar",
"saloon", or the like (see examples given above).
There is equity in allowing all such businesses to advertise, and Option B
does offer that equity. However, this restriction may not alleviate
fundraising problems experienced by private user groups."
Recreation Superintendent Jean Helburg presented an overview of the three
options and responded to questions.
Councilmember Maxey made a motion, seconded by Councilmember Horak, to
adopt Resolution 88-157 (Option A).
Councilmember Horak inquired about uniform dress code requirements with
respect to the alcohol and advertising
'
policy.
City Attorney Steve Roy requested the opportunity to work with staff on the
team uniforms dress code requirement.
Councilmember Kirkpatrick questioned if had been was an attempt to develop
a statement that differentiated between adult and minor users of the
facility with respect to Option B.
Councilmember Winokur requested a clarification about the alcohol
advertising policy involving Coors and Marshall Distributing.
Ice Arena/Pool Manager Jeff King responded to questions from Council.
Councilmember Maxey noted the clear distinction between Option A and Option
B.
Deputy City Manager Skip Noe spoke about the intent of the clarification
between to the two options.
Councilmember Mabry questioned the distinction between the advertising
policy and the use of names of sponsors on uniforms.
Councilmember Mabry made a motion, seconded by Councilmember Estrada, to
postpone the Resolution until October 18 for further 1consideration. Yeas:
'
-341-
October 4, 1988
' Councilmembers Estrada, Horak, and Mabry. Nays: Councilmembers
Kirkpatrick, Maxey, Stoner, and Winokur.
THE MOTION FAILED.
Jim Creeden, 4020 Goodell Lane q4, had questions regarding dress code
restrictions in a public facility.
Jonathan Whelan, 415 Riddle Drive, opposed the advertising and promoting of
alcoholic products.
Jim Mokler, President of the Fort Collins Adult Hockey Association, spoke
of the merits of corporate advertising regarding the acquisition of a
scoreboard.
Homer Bollinger, 1920 Mohawk, spoke against the promotion of alcoholic
beverages and commented on the effect advertising of alcoholic products has
on young people.
Bruce Lockhart, 2500 East Harmony Road, spoke of the contradictions of
allowing the brewery and not allowing alcoholic advertising.
Dan Hagan, local resident, supported advertising by sellers of alcoholic
beverages.
Councilmember Kirkpatrick stated she would be supporting Option A and
expressed concern with the lack of clarification with respect to temporary
advertising versus permanent advertising and additional clarification on
youth versus adult users of the facility. She noted her discomfort with
Option.C.
Councilmember Maxey noted his concerns regarding advertising in public
facilities and stated he would be supporting Option A.
Councilmember Estrada stated he was not comfortable with sending a double
message and requested clarification on wearing apparel.
Councilmember Winokur questioned what the outcome would be should Option A
pass.
Deputy City Manager Skip Noe stated that administrative guidelines for
staff would be developed.
Councilmember Winokur noted the distinction between corporate and product
advertising. He stated he supported the corporate efforts to show
corporate citizenship and questioned the possibility of banning or not
banning all product advertising. He stated he would be supporting the
Resolution but encouraged the policy be revised in a more comprehensive
manner.
I
Councilmember Horak stated his support for all advertising policies to be
reconsidered and stated he would be supporting Option A.
-342-
October 4, 1988
Councilmember Mabry explained his concerns regarding the fair and equitable '
application of the policy and noted the inconsistencies with the policy.
He expressed the need for practical guidelines for an implementation plan.
Mayor Stoner stated he would be supporting Option B.
The vote on Councilmember Maxey's motion to adopt Resolution 88-157, Option
A, was as follows: Yeas: Councilmembers Estrada, Horak, Kirkpatrick,
Mabry, Maxey, and Winokur. Nays: Mayor Stoner.
THE MOTION CARRIED.
Resolution 88-158 Adopting
Financial and Management Policies
Relating to the 1989 Annual Budget, Adopted
Following is staff's memorandum on this item:
"EXECUTIVE SUMMARY
Financial and Management Policies are used in developing and formulating
the 1989 Annual Budget. The Financial and Management Policies reflect
Council's direction and commitment to sound financial planning. I
BACKGROUND
The Financial and Management Policies form the basis on which the City of
Fort Collins' Annual Budget is based. In 1986, Council directed some
significant changes in the Financial and Management Policies. The changes
directed by Council reflected a desire to have the Financial and Management
Policies more closely reflect the actual processes used in preparing the
Annual Budget.
For 1989, staff has undertaken a further review of the Financial and
Management Policies. The following are major changes incorporated in the
1989 Budget:
Section 2.2. Sales and Use Tax Distribution has been revised. The 80%-20%
allocation formula has been eliminated. A17 of the revenues generated by
the 2.25% sales and use tax are dedicated to the General Fund after
required debt payments and the contribution to Street Oversizing have been
covered.
Section 3.6. Payment in Lieu of Taxes (PILOT) has one change. The Light
and Power Utility will pay a PILOT of 6%, one percent increase, of
operating revenues beginning in 1989.
Section 5.5. (b) Conservation Trust Fund has been expanded to include I
administrative charges and operation and maintenance costs. These uses are
consistent with the Colorado State Lottery statutes."
-343-
October 4, 1988
' Councilmember Kirkpatrick made a motion, seconded by Councilmember Winokur,
to adopt Resolution 88-158.
Deputy City Manager Skip Noe gave a brief presentation and responded to
questions.
Jim Creeden, 4020 Goodell Lane #4, inquired about the Budget Consent Items.
Bruce Lockhart, 2500 East Harmony Road, questioned what percent of the
General Fund supports the $150,000 that goes to Larimer County Social
Services and inquired about the use of the 1/4 cent sales tax for capital
and street projects. He expressed concern regarding excess tax funds and
property tax relief. He questioned the 80/20 split allocation for existing
sales tax revenues.
Councilmember Horak stated he would not be supporting the policies largely
due to the ILOT fee increase and Conservation Trust Fund usage.
Councilmember Kirkpatrick mentioned the importance of the revenue sharing
item.
The vote on Councilmember Kirkpatrick's motion to adopt Resolution 88-158
was as follows: Yeas: Councilmembers Estrada, Kirkpatrick, Mabry, Maxey,
' Stoner, and Winokur. Nays: Councilmember Horak.
THE MOTION CARRIED.
BUDGET CONSENT ITEMS
Items 31-38 are being presented together in the Consent Calendar format.
These items have been reviewed and discussed at Budget Worksessions and are
being presented in this manner to expedite their adoption. As with the
regular Consent Calendar, any item may be withdrawn for discussion by any
member of the Council, staff or public and will be considered after the
balance of the Budget Consent is adopted.
Councilmember Maxey requested Item #35, Resolution 88-160 Adopting the 1989
Fees and Charges Schedule for Grandview and Roselawn Cemeteries, be
withdrawn from the Budget Consent Calendar.
Councilmember Horak asked that Item #31, Hearing and First Reading of
Ordinance No. 137, 1988, Relating to Retail Electric Rates for Service, be
pulled from the Budget Consent Calendar.
Jim Creeden, asked that Item #37, Resolution 88-162 Adopting 1989
Recreation Fees and Charges, be removed from the Budget Consent Calendar.
-344-
31.
October 4, 1988
The proposed Ordinance is presented pursuant to Council direction at
the September 13, 1988 budget work session.
The rate tariffs incorporated in this ordinance are designed to:
- Increase revenue collected for Payment In Lieu of Taxes (PILOT)
from five percent (5%) to six percent (6%) on electric energy
sales.
- Decrease retail electric rates for service one percent (1%) in all
customer classes.
- Revise rate tariffs to pass through, to applicable annexed
customers, service rights payments in the amount specified by State
law.
The proposed Ordinance shall become effective on all billings rendered
on or after January 1, 1989, relating to services provided during the
month of December, 1988, and thereafter.
The Ordinance also includes housekeeping, editorial and administrative
changes, and minor fee adjustments. I
32. Hearing and first Reading of Ordinance No 138 1988 Amending Chapter
The recommended 1989 Budget, as presented, includes an overall rate
increase of 3.06% in monthly water fees. This overall rate increase
results from a 6.0% increase in unmetered water fees, and no increase
in metered water fees. These increases are based upon the Utility's
cost -of- service study which indicates water fees for unmetered
customers are currently too low.
The proposed rate increase is necessary to ensure that sufficient
revenue is generated to meet anticipated expenses and to comply with
City financial policies.
The last adjustment to water service fees was on January 1, 1986, when
a 9.0% increase was adopted. The proposed increase in unmetered water
fees will raise the monthly water bill for a typical single family
customer by $1.09 (from $18.15 to $19.24).
The ordinance also changes Sections dealing with miscellaneous charges
to allow costs paid by new metered water customers to be included on
the Water and Sewer permit. New metered customers are currently
billed after they receive their water meter. The proposed change will '
eliminate the need for the customer and Utility to process a separate
-345-
1
33.
34
October 4, 1988
bill for the meter, and eliminate problems associated with collecting
unpaid bills for water meters.
The following table is a comparison of the total monthly fees for 1988
and the proposed total monthly fees for 1989 for the typical
single-family residence, which is a 6,000-square-foot lot with 40%
impervious surface:
BASIN 1988 1989
MONTHLY CAPITAL
Foothills
$1.04
$1.15
Fox Meadows
1.47
1.69
McClelland/Mail Creek
2.50
2.50
Spring Creek
0.86
0.99
Canal Importation
1.43
1.64
Dry Creek
0.78
0.90
West Vine
0.92
1.06
Evergreen/Greenbriar
2.50
2.50
Fossil Creek
2.17
2.24
0&M
0.94
1.10
There are no proposed changes to Basin New Development Fees in 1989.
Resolution 88-159 Approving the 1989 Budget for the Poudre Fire
Authority.
The Intergovernmental Agreement between the City of Fort Collins and
the Poudre Valley Fire Protection District specifies that the Poudre
Fire Authority Board shall submit its proposed budget to the
respective governing bodies, the City and the Poudre Valley Fire
Protection District. The budget becomes the Authority budget only
after approval of the appropriations by the respective governing
bodies and final adoption by the Poudre Fire Authority Board of
Directors.
Adoption of the Resolution would approve the Poudre Fire Authority
budget.
35. Resolution 88-160 Adopting the 1989 Fees and Charges Schedule for
Grandview and Roselawn Cemeteries.
This Resolution will increase adult opening and closing fees by 7%
percent and the cost of adult grave spaces by 2%. The cost of cremain
spaces will increase 25%; cremains opening and closing, 50%; and
additional cremains in a space, 50%. The recommended increases in
-346-
37
IN
October 4, 1988
these charges are consistent with the revenues projected in the 1989
recommended budget document.
To continue to satisfy cost recovery policies, an approximate 4.4%
increase in operating revenue has been budgeted for 1989 in the Golf
Fund. The Golf Board and staff are recommending green fee increases
of i .50 for 9 holes and $1 for 18 holes of golf; increases of $15 for
adult annual passes and $10 for students, senior citizens, and spouse
annual passes, and a E5 increase for junior passes; and a minor
increase/restructuring of golf car rental rates. In addition, private
golf car usage rates will go up $1 for daily usage or $25 annually,
and Collindale locker rates will go up $5. All other fees remain at
existing 1988 rates.
Resolution 88-162 Adopting 1989 Recreation Fees and Charges
At its regular meeting on August 31, 1988, the Parks and Recreation
Board voted 5-0-1 to support the 1989 Recreation Division Fees and
Charges as submitted by staff. The fee increases and resulting
increase in revenue are needed to cover inflation, some program
expansion, and two capital items. Percent recovery through fees and
charges in the Recreation Fund is projected at 63 percent in 1989.
Resolution 88-163 Adopting a Rate Schedule for the Use of Lincoln
Center Facilities.
Proposed rates for 1989 reflect an increase in most room rentals. New
rates remain comparable with other facilities in the area. The 1989
revenue projections are based on these fee changes.
Ordinances on First Reading were read by title by Wanda Krajicek, City
Clerk.
Item 31. Hearing and First Reading of Ordinance No. 137, 1988, Relating to
Retail Electric Rates for Service.
Item 32.
Item 33
Hearing and First Reading of Ordinance No. 139, 1988, Amending
Section 26-514(3) of the Code of the City of Fort Collins
Relating to the Determination of Storm Drainage Fees.
Councilmember Mabry made a motion, seconded by Councilmember Winokur, to
adopt and approve all items not removed from the Budget Consent Calendar.
Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Mabry, Maxey, Stoner,
and Winokur. Nays: None.
-347-
ITHE MOTION CARRIED.
Ordinance No. 137, 1988, Relating
to Retail Electric Rates for Service,
Adopted on First Reading
October 4, 1988
Following is staff's memorandum on this item:
"FINANCIAL IMPACT
The proposed Ordinance is presented pursuant to Council direction at the
September 13, 1988 budget work session.
The rate tariffs incorporated in this ordinance are designed to:
- Increase revenue collected for Payment In Lieu of Taxes (PILOT) from
five percent (5%) to six percent (6%) on electric energy sales.
- Decrease retail electric rates for service one percent (1%) in all
customer classes.
- Revise rate tariffs to pass through, to applicable annexed customers,
service rights payments in the amount specified by State law.
EXECUTIVE SUMMARY
The proposed Ordinance shall become effective on all billings rendered on
or after January 1, 1989, relating to services provided during the month of
December, 1988, and thereafter.
The Ordinance also includes housekeeping, editorial and administrative
changes, and minor fee adjustments, the most significant of which are as
follows:
- Reduce after-hours service charge to reflect a more efficient method
of providing service to residential and small commercial customers.
- Eliminate restriction on the availability of Residential Service Rate
for customers with electric space heating.
- Adjust fixed charges in Schedules GS 500 (Industrial) and GS 500T
(Industrial Time -of -Demand) to reflect the cost of current metering
technology.
- Eliminate minimum billing demands in large commercial and industrial
rate schedules.
' Redefine the Standby Service provision in large commercial and
industrial rate schedules.
-348-
- Provide for contract rates for
generation.
October 4, 1988
large customers with parallel
- Eliminate references to service at obsolete voltage.
In response to Council's request, staff will provide an update in mid 1989
on potential purchase power cost increases due to federal power issues and
the Colorado River Storage Project. As those issues become clearer, staff
will be in a position to make recommendations regarding future rate
adjustments and the target level for Purchase Power Reserves."
Councilmember Mabry made a motion, seconded by Councilmember Kirkpatrick,
to adopt Ordinance No. 137, 1988 on First Reading.
Bruce Lockhart, 2500 East Harmony Road, objected to the PILOT fee increase.
Councilmember Horak noted his concern with the PILOT fee increase and also
spoke of the Utility continuing to provide quality service.
Councilmember Winokur spoke of his reasons for supporting the Ordinance.
Councilmember Kirkpatrick stated her reasons for supporting the Ordinance.
The vote on Councilmember Mabry's motion to adopt Ordinance No. 137, 1988
on First Reading was as follow: Yeas: Councilmembers Estrada,
Kirkpatrick, Mabry, Maxey, Stoner, and Winokur. Nays: Councilmember
Horak.
THE MOTION CARRIED.
Resolution 88-160 Adopting the 1989
Fees and Charges Schedule for
Grandview and Roselawn Cemeteries, Failed
Following is staff's memorandum on this item:
"FINANCIAL IMPACT
Staff is projecting $229,426 in revenues from fees and charges for 1989 if
100% of the estimated revenues are achieved.
EXECUTIVE SUMMARY
This Resolution will increase adult opening and closing fees by 7% percent
and the cost of adult grave spaces by 2%. The cost of cremain spaces will
increase 25%; cremains opening and closing, 50%; and additional cremains in
a space, 50%. The recommended increases in these charges are consistent
with the revenues projected in the 1989 recommended budget document.
BACKGROUND
1
-349-
October 4, 1988
In keeping with the City's cost recovery policies, most cemetery user fees
for 1989 will remain the same as they were in 1988. However, the costs of
adult grave spaces will go up 2% and adult opening and closing of grave
spaces will go up 7%. Also, the cost of cremain spaces will increase 25%;
cremains opening and closing, 50%; and additional cremains in a space, 50%.
The fees supporting the Cemetery Fund were restructured beginning in
October 1983, with the goal of increasing operating revenue in order to
reduce the General Fund subsidy. The subsidy in 1982 was 57.44% compared
to an estimated budgeted subsidy in 1989 of only 25.27%, if 100% of
estimated revenues are achieved. In general, the City's fees are among the
highest for municipal cemeteries in the region.
Staff met with the local monument dealers and funeral directors to discuss
the proposed fees and charges schedule on September 8. Those in attendance
at this meeting included representatives from the Fort Collins Monument
Works, Warren-Bohlender Funeral Chapel, A11nut Funeral Service, Colorado
Monument Company and Reager Funeral Home and Crematory. Staff explained
the recommended 1989 fees and the reasons for them. The funeral directors
present voiced strong opposition to the originally proposed fee increases
and requested that staff instead shift the emphasis in 1989 fee increases
to cremains burials rather than adult earth interments as has been done for
the past several years. Staff subsequently revised the proposed fee
increases to those described above and recommends increasing the fees and
' charges for municipal cemeteries in that manner."
Councilmember Mabry made a motion, seconded by Councilmember Estrada, to
adopt Resolution 88-160.
Cemetery Superintendent Rick Bott gave a presentation summary of the
cremation fee increases and responded to questions from Council.
Councilmember Maxey noted his concern with the fee increases and the
possibility of being priced out of the market.
Jim Creeden, 4020 Goodell Lane #4, questioned the direction of the cemetery
operation and objected to the fee increases.
Councilmember Winokur noted his disappointment with the Resolution.
Councilmember Estrada stated he was not comfortable with the Resolution and
stated he would not be supporting it.
Councilmember Mabry spoke of his objection to the Resolution.
The vote on Councilmember Mabry's motion to adopt Resolution 88-160 was as
follows: Yeas: None. Nays: Councilmembers Estrada, Horak, Kirkpatrick,
Mabry, Maxey, Stoner, and Winokur.
I
THE MOTION FAILED.
-350-
October 4, 1988
Resolution 88-162 Adopting 1989
Recreation Fees and Charges. Adopted
Following is staff's memorandum on this item:
"FINANCIAL IMPACT
Adoption of this resolution will result in a balanced Recreation Fund
budget for 1989. Cost recovery will remain at 63 percent.
EXECUTIVE SUMMARY
At its regular meeting on August 31, 1988, the Parks and Recreation Board
voted 5-0-1 to support the 1989 Recreation Division Fees and Charges as
submitted by staff. The fee increases and resulting increase in revenue
are needed to cover inflation, some program expansion, and two capital
items. Percent recovery through fees and charges in the Recreation Fund is
projected at 63 percent in 1989.
CITY OF FORT COLLINS
PARKS AND RECREATION
RECREATION DIVISION
FEES AND CHARGES SCHEDULE '
1988 989
Program: Edora Pool Ice Center (Same as 1988
Program: Aquatics unless otherwise
Swimming - all pools noted)
Learn to swim 3.00/instr. hr.
Water Fitness 2.00/instr. hr.
Other activities varies
Single admission
Under 2; over 85 No Fee Change age only
2-17 years 1.25 2-15 years
18-49 years 2.00 16-49 years
50 years & older 1.50
Lap swim ---
10, 20, 30-admission passes 75% of single admission
Boat rental - Sheldon Lake 1.50/ha7f hour
2.50/hour
Pool rental '
A11 Pools 25 yd. and 25 meter
Community 6.50/7ane hour
Commercial By Contract
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50 Meter (EPIC)
Community
Commercial
Other Pool Areas
Therapeutic Pool -EPIC
Drop -In Use
Group Usage
Exercise Room -EPIC
Ice Skating
Learn to skate
Patch & freestyle
Other activities
Single admission
Adult (18 and older)
Youth (17 and under)
50 years and older
Group Rates
Skate Rental
10, 20, 30-admission passes
Skate Sharpening
Ice Rental
Prime
Non -Prime
Late Night
Program: General Recreation
Arts & Crafts
General classes - adult
- youth
Pottery classes - adult
- youth
Pottery lab
Dance - adult classes
- youth classes
Fitness - adult classes
- youth classes
Special Interest
Class, workshops
Special Events
Special Populations
October 4, 1988
9.00/1ane hour
By Contract
Varies
See Single Admission
By Contract
See Single
Admission
Swim/Skate
7.00/instr. hr. (6.00/instr. hr. tots
(7.50/instr. hr. basic 1-6
(8.50/instr. hr. freestyle
4.00/hour
Varies
2.00 Change age to 16 and older
1.25 Change age to 15 and under
1.50
By Contract
1.00
75% of single admission
From 2.50 From 2.75
2.00 instr
1.35 instr
2.25 instr
1.35 instr
40.00
2.50/instr
2.50/instr
1.50/instr
1.50/instr
Varies
Varies
Varies
hr.
hr.
hr.
hr.
hr.
hr.
hr.
hr.
83.00 } Approved by
73.00) City Council
63.00) 812188
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Miscellaneous youth programs
After -school activities
Playground/tot lot
Tempera, Turns & Tales
Gymnastics/tumbling
Funtime
Farm
Group tours
Day camp
Pee Wee Farmers
Tiny Farmers
After -school farmers
Pony riding lessons
Classes
Workshops
Program: Northside Recreation
Gym & weight room drop -in
Single admission (18 & older)
30-admission pass
General activities
Gym rental - community rental
- commercial rate
Program: Older Adults
General activities
Program: Sports & Tennis
Youth sports
Basketball
Football
Softball
Adult sports
Sponsor fee
Basketball league
Flag football league
Softball league
Volleyball league
Player fee (in addition to
sponsor fee/sport)
Volleyball, mixed drop -in
Team forfeit fee
Ballfield/soccer field rent.
Tennis & racquet sports
Group lessons - youth
- adult
Private/semi-private lessons
Half-hour private
- adult
Private/semi-private lessons
2.00/instr. hr
Varies
2.00/instr. hr
2.75/instr. hr
.50/person
70.00
3.00/instr. hr.
3.50/instr. hr.
3.00/instr. hr.
5.00/instr. hr.
2.00/instr. hr.
Varies
October 4, 1988
2.50 instr. hr.
2.50/instr. hr.
3.00/instr. hr.
1.25
75% of Single Admission
Varies
From 15.00/court hour
From 35.00/court hour
Varies
22.00 24.00
28.00
22.00 24.00
250.00/team 200.00/team
210.00/team 250.00/team
365.00/team
105.00/team
8.00 1.00 per game scheduled
30.00
25.00
Varies
3.00/instr. hr.
4.00/instr. hr.
24.00 28.00
4.00/instr. hr.
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October 4, 1988
Half-hour private
24.00
28.00
1 hour private
48.00
56.00
Half-hour semi -private
16.00
20.00
1 hour semi -private
32.00
40.00
Tennis clinic
Varies
Tennis team/junior develop.
Varies
Platform, racquetball,
handball lessons
Varies
Tennis court rental
Varies
Reservation system at Moore
Park
Tennis
2.0011.5 hour
2.2511.5 hr.
Platform tennis
1.00/hour
Handball/racquetball
1.50/hour
Miscellaneous Revenue
Picnic Shelters
20.00/use
Concessions
By contract
Rentals
Rooms - community rate
From 15.00/use
From 17.0012 hr.
- commercial rate
From 25.00/use
From 30.0012 hr.
Barbecue grill
From 20.00/day
Portable bleachers
20.00/use
40.00/use
Showmobile
Basic unit
set up/tear down -no stage
100.00
125.00
Basic unit plus staging
113 (one row of staging)
160.00
200.00
213 (two rows of staging)
220.00
285.00
Transportation
Local (flat rate)
40.00
50.00
Out of town
40.00+1.60/mi.
50.00+2.50/mi.
Fee Reductions for Designated Programs
Older Adults
Low Income
Developmentally Disabled
Facility charges to affiliated
user groups:
Swimming Pool Rental
All Pools 25 yd and 25 meter
FAST
Prime Time
Non -Prime Time
All other Groups
I
EPIC-50 Meter
FAST
113 off
213 off
112 off
3.05 per lane hour 3.20 per lane hour
2.65 per lane hour 2.80 per lane hour
See rentals in fee schedule
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Prime Time
Non -Prime Time
All other groups
Fields Rental
Youth Baseball )
Youth Soccer }
Buckaroos }
Legion Baseball )
All other groups
Tennis Courts
Fort Collins Tennis Assoc
All other groups
October 4, 1988
6.65 per lane hour 6.95 per lane hour
5.80 per lane hour 6.10 per lane hour
See rentals in fee schedule
20% of maintenance costs
50% of lights
See rentals in fee schedule
50% of maintenance and 50% of lights
See rentals in fee schedule"
Recreation Superintendent Jean Helburg gave a staff presentation and
responded to questions.
Jim Creeden, 4020 Goodell Lane #4, commented on the percentage of increases
in the fees.
Bruce Lockhart, 2500 East Harmony Road, asked about the EPIC fee increases.
Councilmember Horak indicated his support for staff's effort when
presenting information.
Councilmember Maxey made a motion, seconded by Councilmember Estrada, to
adopt Resolution 88-162.
Councilmember Estrada supported the Parks and Recreation staff for their
quality presentations.
The vote on Councilmember Maxey's motion to adopt Resolution 88-162 was as
follows: Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Mabry, Maxey,
Stoner, and Winokur. Nays: None.
THE MOTION CARRIED.
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October 4, 1988
Resolution 88-164 Adopting the
1989 Budget for the City of Fort
Collins and Fixing the Mill Levy, Adopted
Following is staff's memorandum on this item:
"FINANCIAL IMPACT
This Resolution adopts the total City Budget for 1989 in the amount of
$174,833,667. It also sets the City mill levy at 8.797 mills which will
generate $4.9 million. Sales and use tax revenues are projected at a 3.5%
growth and will generate a total of $21 million.
EXECUTIVE SUMMARY
This Resolution adopts the 1989 Budget for the City of Fort Collins and
sets the mill levy as follows:
General Fund 0 & M............................. 1.718 mills
Parks 0 & M.................................... .768 mills
Poudre Fire Authority Contribution ............. 4.674 mills
Fire Pension Fund (Gen. Fund Unfunded Liab).... .147 mills
(PFA Employer Contrib.)...... .193 mills
Parks Debt Service ............................. 1.297 mills
TOTAL
BACKGROUND
8.797 mills
Changes from the 1989 Proposed Budget presented to Council are as follows:
1. General Fund
Appropriations have been increased by $67,394 over the Proposed
Budget. We have added $101,000 to cover First Interstate lock box
charges and $2,100 to increase the Social Service contribution to the
1988 level. Trail maintenance in the amount of $35,706,will be
expended in the Conservation Trust Fund. Therefore, revenue and
expenditures have been decreased in the General Fund to reflect this
correction.
In addition, $30,000 has been added to Natural Resources for the
curbside recycling program. Reductions have been made to
contingencies and the communications and public affairs program to
cover this expense.
2. Light and Power
Appropriations have been increased by $120,941 over the proposed
' budget. This increase is due to the 1% increase in the PILOT amount
(f63,479) and Billing and Collection was revised to include the
increase for the lock box charges ($57,462).
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October 4, 1988
3. Storm Drainage
1
Appropriations have been increased by $12,500 for the cost of the lock
box charges.
4. Water
Appropriations have been increased by $228,545 due to the addition of
the North College Water Line capital project (1989 - $420,000;
transfer to capital), reduced principal and interest payments ($88,064
less than proposed), and a reduction in the 1989 PILOT of $103,389.
5. Wastewater
Appropriations have decreased by $71,701 due to the reduction in the
1989 PILOT.
6. Communications
Appropriations have been increased by $88,816 due to the transfer of
the Communications and Public Affairs program from the General Fund to
the Communications Fund. (Now in an Internal Service Fund, the
Communications and Public Affairs program will "charge back" all
expenses to user departments.)" '
Councilmember Winokur made a motion, seconded by Councilmember Estrada, to
adopt Resolution 88-164.
Bruce .Lockhart, 2500 East Harmony Road, commented on the mill levy
increase.
Jep Enck, 405 Smith Street, requested reconsideration for a matched
proposal for the Activities Youth Center.
Councilmember Kirkpatrick questioned if AYC had presented Council with an
overall budget of expenses and resources.
Councilmember Estrada noted that Council comments at the recent worksession
did not indicate support for a proposal to match funds with AYC.
Councilmember Kirkpatrick noted she would have preferred adoption of the
entertainment tax rather than raising the mill levy to supply additional
revenue to the general fund.
Councilmember Horak stated he would not be supporting the increase and
objected to the budget funding of the Poudre Fire Authority.
Councilmember Winokur commented on the Poudre Fire Authority being
established by the revenue allocation formula and the financial condition I
of the Poudre Fire Authority.
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October 4, 1988
' Councilmember Mabry spoke of his support for the Resolution as a reasonable
compromise and balance for the City's needs.
The vote on Councilmember Winokur's motion to adopt Resolution 88-164 was
as follows: Yeas: Councilmembers Estrada, Kirkpatrick, Mabry, Maxey,
Stoner, and Winokur. Nays: Councilmember Horak.
THE MOTION CARRIED.
Ordinance No. 140, 1988, Appropriating
Annual Expenditures for the City of Fort
Collins in 1989 and Setting the Mill Levy
for said Fiscal Year. Adopted on First Reading
Following is staff's memorandum on this item:
"FINANCIAL IMPACT
This Ordinance appropriates the total City Budget for 1989 in the amount of
$174,833,667. It also sets the City mill levy at 8.797 mills which will
generate $4.9 million. Sales and use tax revenues are projected at a 3.5%
growth and will generate a total of $21 million.
' EXECUTIVE SUMMARY
This Ordinance appropriates the 1989 Annual Budget and sets the mill levy."
Councilmember Winokur made a motion, seconded by Councilmember Kirkpatrick,
to adopt Ordinance No. 140, 1988 on First Reading.
Councilmember Mabry noted his interest in reallocating funds inside of the
General Fund to remove $20,000 from the City Manager's Contingency Fund to
provide for a contract for service with the Activities Youth Center with a
matching dollar for dollar provision.
Jim Creeden, 4020 Goodell Lane M4, commented on the City Manager's
Contingency Fund.
Councilmember Maxey stated he would support the motion.
Councilmember Kirkpatrick thanked staff for its hard work on the budget.
Councilmember Winokur commented on the budget process.
Councilmember Estrada also thanked staff for a job well done on the budget.
Councilmember Horak commented on the City Manager's participation in the
budget process.
The vote on Councilmember Winokur's motion to adopt Ordinance No. 140, 1988
on First Reading was as follows: Yeas: Councilmembers Estrada,
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October 4, 1988
Kirkpatrick, Mabry, Maxey, Stoner, and Winokur. Nays: Councilmember '
Horak.
THE MOTION CARRIED.
Councilmember Mabry made a motion, seconded by Councilmember Estrada, to
allocate $20,000 from the City Manager's Contingency Fund to the Activities
Youth Center provided the AYC match the allocation dollar for dollar.
Councilmember Kirkpatrick requested a more detailed budget from the AYC
along with a resolution that would provide a matching dollar for dollar
clause.
Councilmember Horak indicated he would not be able to support the motion in
its present form.
Mayor Stoner noted he would be supporting the motion but he may not be
supporting the resolution.
The vote on Councilmember Mabry's motion was as follows: Yeas:
Councilmembers Estrada, Kirkpatrick, Mabry, Maxey, Stoner, and Winokur.
Nays: Councilmember Horak.
THE MOTION CARRIED.
Items Relating to the 1989 '
Downtown Development Authority Budget
Following is staff's memorandum on this item:
"FINANCIAL IMPACT
These items would set the Downtown Development Authority mill levy at 3.55
mills and adopt a DDA budget of $227,549. In addition, payment of debt
service of $1,1O6,00O from the tax increment fund would be authorized.
EXECUTIVE SUMMARY
A. Resolution 88-165 Approving the 1989 Downtown Development Authority
Budget.
The proposed 1989 DDA Budget of $227,549, approved by the DDA Board of
Directors at the September 1 regular meeting, would maintain the
present staffing level. No capital expenditures are anticipated.
B. Hearing and First Reading of Ordinance No. 141, 1988, Setting the Mill
Levy for the Downtown Development Authority and Appropriating the
Annual Expenditures for 1989.
This Ordinance sets the mill levy for the DDA at 3.55 mills and '
appropriates expenditures for 1989.
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r]
October 4, 1988
Hearing and First Reading of Ordinance No. 142, 1988, Appropriating
Unanticipated Revenue in the Downtown Development Authority Fund for
Payment of Debt Service for the Year 1989.
This Ordinance appropriates funds for the Payment of Downtown
Development Authority debt service for 1989.
BACKGROUND
On May 17, 1988, Council adopted Ordinance No. 95, 1987 authorizing the
issuance of tax increment bonds, pledging tax increment revenues to debt
retirement, and requiring payment toward that debt retirement on a
scheduled basis over the life of the bonds. The Charter requires that all
funds which pass through City accounts be appropriated by Council. The tax
increment revenue to be appropriated flows directly into the debt service
account."
Councilmember Estrada made a motion, seconded by Councilmember Maxey, to
adopt Resolution 88-165.
Lucia Liley, 1113 Williams Street, Downtown Development Authority
Chairperson, presented information on the understated tax increment
revenue, the overstated amount of debt service, and noted projections do
' not account for bond reserve dollars. She commented on the philosophical
issues, funding an aggressive marketing and business program, and
redevelopment of downtown businesses. She explained the recruiting efforts
to bring in new business and the monies which are targeted to promoting and
maintaining downtown business. She presented the intentions behind the
promoting and marketing efforts for existing businesses.
Alice Auer Connor, Downtown Business Association Board of Directors,
offered information of the DOA funds spent on the downtown business
association promotional effort.
Carey Hewitt, downtown business owner, commented on the downtown
promotional activities.
Councilmember Kirkpatrick inquired about the motorized trolley and the
portion of its funding not being provided by the Convention Visitors'
Bureau.
Jim Creeden, 4020 Goodell Lane N4, spoke on the Downtown Development
Authority and compared it to the Pearl Street Mall in Boulder.
Maggie Kunze, 3000 Regatta Lane, Executive Director Downtown Business
Association, presented details on the promotional and advertising efforts
in the downtown area. She asked for the City's continued support.
I
Jacques Rieux, Owner, Stone Lion Book Store, spoke of increasing the
downtown business activity and change in the general perception of downtown
area.
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October 4, 1988
1
Mark Thieman, President, Downtown Business Association, commented on the
funds that have been generated due to the increased activity downtown.
Councilmember Mabry expressed his support for the downtown businesses.
Councilmember Winokur expressed his thanks to all who participated in the
DOA discussion and he also noted his support of the businesses in the
downtown area.
Councilmember Estrada also spoke of his support and association with the
DDA marketing campaign.
Councilmember Kirkpatrick indicated her support for the creative leadership
in the downtown area and expressed the need for networking between the
businesses.
Councilmember Maxey commented on the Burlington Northern Railroad marketing
its property in Fort Collins which would increase the tax revenues in the
downtown area and spoke about the Robinson-Piersal Project.
The vote on Councilmember Estrada's motion to adopt Ordinance No.140, 1988
on First Reading was as follows: Yeas: Councilmembers Estrada, Horak,
Kirkpatrick, Mabry, Maxey, Stoner, and Winokur. Nays: None.
THE MOTION CARRIED.
'
Councilmember Winokur made a motion, seconded by Councilmember Maxey, to
adopt Ordinance No. 141, 1988.
The vote on Councilmember Winokur's motion to adopt Ordinance No. 141,
1988 was as follows: Yeas: Councilmembers Estrada, Horak, Kirkpatrick,
Mabry, Maxey, Stoner, and Winokur. Nays: None.
THE MOTION CARRIED.
Councilmember Mabry made a motion, seconded by Councilmember Horak, to
adopt Ordinance No. 142, 1988 on First Reading. Yeas: Councilmembers
Estrada, Horak, Kirkpatrick, Mabry, Maxey, Stoner, and Winokur. Nays:
None.
THE MOTION CARRIED.
Other Business
Councilmember Kirkpatrick suggested the need for discussion of the current
method for the election of the Mayor at the time discussion is held on
proposed amendments to the Charter.
Councilmember Estrada noted his support for considering alternatives in the I
election and Charter revisions.
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Ad.iournment
Councilmember Kirkpatrick made a motion, seconded by
to adjourn the meeting. Yeas: Councilmembers Estrada,
Mabry, Maxey, Stoner, and Winokur. Nays: None.
The meeting adjourned at 11:35 p.m.
Mayor
TT EST:
eai.
City Clerk kIN
11
October 4, 1988
Councilmember Maxey,
Horak, Kirkpatrick,
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