Loading...
HomeMy WebLinkAboutMINUTES-12/06/1988-RegularDecember 6, 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, December 6, 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, Mabry, Stoner, and Winokur. Councilmembers Absent Staff Members Present Kirkpatrick and Maxey Burkett, Krajicek, Roy Citizen Participation Roland McDonald, 4017 Green Ridge Drive, read a statement asking Council to rescind Resolution 88-156 relating to the rails to trails conversion. Mary Humpstone, 2220 North Overland Trail, expressed concerns over the Rex line rails to trails conversion and asked for discussions with adjacent land owners and trail users. Jim Brinks, 2405 North Overland Trail, spoke against trails through rural and agricultural areas and noted the proposed trail would split his ranch in half. He asked Council to reconsider Resolution 88-156. Gene Wilkin, 1156 North Taft Hill Road, spoke against the Rex line conversion and shared the concerns expressed by Mr. Brinks. Earl Ray, 4009 Green Ridge Drive, opposed Rex line conversion. Anson Perina, 3900 Bingham Hill Road, agreed with the previously stated comments and opposed trail relocation. JoAnn Grosswiler, 2260 North Overland Trail, also agreed with the opposition to the Rex line conversion. City Manager Burkett gave a presentation on,the progress the City has made on the rails to trails conversion. Deputy City Manager Skip Noe commented on the meetings that have been held with the Planning Department, Parks and Recreation Department and the individual property owners to discuss the impacts of the conversion. Jim Creeden, 4020 Goodell Lane #4, spoke on the understaffing in the Police Department and the Sheriff's Office. -475- December 6, 1988 Barbara Allison, 1212 Lynnwood Drive, spoke against the rails to trails conversion. Jim Stitzel, 521 East Laurel, presented a merit award to the City on behalf of the Fort Collins Municipal Railway Society for its work in preserving and restoring Street Car #21. Agenda Review: City Manager City Manager Burkett stated there were no changes to the agenda as published. Mayor Stoner requested Item #12, Resolution 88-193 Authorizing the Mayor to Enter into an Intergovernmental Agreement with Larimer County for the Provision of Social Services in 1989, be withdrawn from the Consent Calendar. Consent Calendar This Calendar is intended to allow the City Council to spend its time and energy on the important items on a lengthy agenda. Staff recommends approval of the Consent Calendar. Anyone may request an item on this calendar be "pulled" off the Consent Calendar and considered separately. Agenda items pulled from the Consent Calendar will be considered separately under Agenda Item #18, Pulled Consent Items. 5. C. 7. This Ordinance, which was unanimously adopted on First Reading on November 15, rezones approximately 164.8 acres of City -owned property located north of East Prospect Road, west of Summit View Road, and south of the Countryside Park Subdivision south of East Mulberry Street into the RC River Corridor Zoning District. The property is presently in the T Transition Zoning District. The property has been one of the City's open space areas since its acquisition in 1977. When South Lemay Avenue was reconstructed south of Horsetooth Road around Warren Lake, the alignment of the road was shifted to the east, below the dam. As a result, the old "county road" right-of-way, which was centered on the dam, is no longer needed. Several small slivers 1 1 -476- December 6, 1988 ' of land were also created between the new westerly right-of-way line and the old right-of-way line. Before the new road was constructed, Warren Lake Reservoir Company quitclaimed several parcels to the City for the new right-of-way. This Ordinance, which was unanimously adopted on First Reading on November 15, divests the City of its interest in the land dedicated to the County years ago and will clean up the legal description for the South Lemay Avenue right-of-way. Warren Lake Reservoir Company is in agreement with this action. Fy a This Ordinance, which was unanimously adopted on First Reading on November 15, authorizes the City to transfer the right to publish ArtLinc Magazine and the Lincoln Center Series Programs to Columbine Publishing, Inc. The contract has an open-ended term but may be terminated for default. Such a contract will not only save the City time and money, but will also expand the distribution and scope of the ArtLinc Magazine. A contract of this type is desirable for both the City and Columbine Publishing to ensure the long-term.stability of the Magazine. The City has been insured for workers' compensation with the State Compensation Insurance Authority (SCIA) since the 1940's. Over the last few years, the City has experienced a rapid growth in premiums. The 1983 premium was $118,231 and the premium for 1988 will be approximately $550,000. During that time, the claims handling service has been unsatisfactory with all claims handled out of the Denver office. This has resulted in communication problems and inadequate attention being paid to employee injuries. The State law requires that the City obtain a permit from the Department of Labor and Employment to self -insure workers' compensation injuries. To receive this permission, on November 15, Council unanimously adopted Resolution 88-183 Revising the Self -Insurance Program to include workers' compensation claims. The Department of Labor & Employment also requires that a $300,000 surety bond be posted. This Ordinance, which was: unanimously adopted on First Reading on November 15, authorizes the agreements with Aetna Casualty and Surety Company relating to the purchase of the surety bond. -477- December 6, 1988 10. Items Relating to Orchard Annexation and Zoning. 12. A. Resolution 88-191 Finding Substantial Compliance and Initiating Annexation Proceedings for Orchard Annexation. B. First Reading of Ordinance No. 166, 1988, Annexing Approximately 6.08 Acres Known as Orchard Annexation. C. First Reading of Ordinance No. 167, 1988, Zoning Approximately 6.08 Acres Known as Orchard Annexation, into the R-L-P Low Density Planned Residential District. This is a request to annex and zone approximately 6.08 acres located south of Harmony and east of Shields Street adjacent to the existing Clarendon Hills development. The requested zoning is R-L-P Low Density Planned Residential District. APPLICANT: Gary Nordick OWNER: Clarendon Hills Association 309 West Harmony Road 309 West Harmony Road Fort Collins, CO 80526 Fort Collins, CO 80526 Proposals were solicited for copy machines for the Library in compliance with established Purchasing procedures. These machines will be used for public access as well as staff use. The City solicited lease/purchase financing proposals from Kodak and Maryland National Leasing Corporation, the lowest bidder from our previous lease/purchase agreement. Maryland National Leasing Corporation submitted the lowest net effective interest rate of 8.00%. The City proposes in the Ordinance to lease/purchase: QUANTITY DESCRIPTION PRINCIPAL LIFE 2 each Kodak Model 50 Copiers $19,162.60 4 yrs. including Polytech Coin Op Attachment Prior to 1981, individual contracts were executed between the various social service agencies and the City of Fort Collins. While the City had the responsibility for paying each individual agency, actual monitoring of the agencies' performance was done by the County's , Department of Human Development. Since then, the mechanism for City funding of social services has evolved to a single contract with IE-11.1 December 6, 1988 ' Larimer County whereby the City conveys funds to the County and the County distributes those funds among social service agencies as agreed to by the City and monitors the performance of the individual agencies. Loveland provides funding for social service agencies in the same manner. The County Department of Human Development thus coordinates a county -wide program funded by contributions from Fort Collins, Loveland and the County. 13. This Resolution authorizes the Mayor to enter into an Intergovernmental Agreement with Larimer County for the provision of social services in that manner in 1989. This is a street name change request to rename Clubhouse Drive to Palmer Drive. Clubhouse Drive forms a tee intersection on the east side of South College Avenue approximately 600 feet south of Harmony Road. From the intersection with South College Avenue, for a distance of 300 feet, Clubhouse Drive is located within the City limits. At the entrance to the Fairway Estates, First Filing, Clubhouse Drive is located in Larimer County. Clubhouse Drive turns into Palmer Drive in the Third Filing of Fairway Estates. ' The sixteen residents of Clubhouse Drive have petitioned both the City Council and the County Commissioners to delete the name "Clubhouse" in favor of "Palmer". According to the residents, the name "Palmer" has been in use since 1964 and the name "Clubhouse" has never been accepted. All street signs indicate "Palmer". All services and mail delivery recognize the name "Palmer" versus "Clubhouse". This street name change request has been reviewed and approved by all the City Utilities, the U.S. Post Office, the Poudre Fire Authority, and the outside utility providers. The request has followed all the procedures and met the requirements of the Department of Planning. 14. Resolution 88-189 Making an Appointment to the Downtown Development Authority. A vacancy currently exists on the Downtown Development Authority due to the resignation of William Friedrichsen. Advertisements were placed in October, and Councilmembers Estrada and Maxey conducted interviews on November 3. In keeping with Council's pol'icy, the recommendation for this appointment was announced on November 15. The appointment was postponed to December 6 to allow time for public input. The prospective appointee is James Martell. -479- December 6, 1988 15. f[l 17. A vacancy currently exists on the Planning and Zoning Board due to the resignation of Bernhard Strom. Councilmembers Horak and Estrada screened the active applications on file, and interviewed selected applicants on November 3. In keeping with Council's policy, recommendations for this appointment were announced on November 15. The appointments were tabled to December 6 to allow time for public input. The prospective appointees are: Name Expiration of Term Jan Shepard (current alternate to fill July 1, 1991 Bernhard Strom position) Rex Burns (to fill alternate position) July 1, 1989 Motion to Accept the Results of the November 8 Special City Election. A Special City Election was conducted on November 8 in conjunction with the General Election. City voters cast ballots for or against Proposed' Ordinance No. 106, 1988 amending the Code so as to prohibit discrimination on the basis of sexual orientation in the areas of employment, housing and public accommodation. City voters defeated the Proposed Ordinance by a vote of 15,683 (43.13%) in favor and 20,677 (53.66%) against. There were 55,590 registered City electors for the election. Routine Deeds and Easement a. Easement from James L. Arvidson, 1707 Laporte Avenue, needed for the Laporte Bridge Reconstruction Project. The existing bridge on Laporte Avenue located over the Larimer County Canal No. 2 between Frey Avenue and Bryan Avenue 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: $700 (.50 sq. ft.) b. Deed of Easement from Nor -Colo Distributing Co., 2155 Midpoint Drive, needed for the Timberline Waterline Phase III. The Timberline Waterline is included in the Master Plan for the water system to improve water service on the southeastern section of the City. The waterline will extend from the intersection of Drake and Timberline Road north to the existing' 20-inch line south of 11 11 -480- December 6, 1988 ' Spring Creek on Timberline Road. Construction is scheduled to begin February, 1989. Consideration: $3,528.36 (Industrial land based on .75 sq. ft.) c. Deed of Easement from the City of Greeley for two water transmission mains located northwest of Laporte. These two mains have been installed, the latest in the early 1950's, but there is no record of any easements. Consideration: $10. Ordinances on Second Reading were read by title by Wanda Krajicek, City Clerk. Item #6. Item V. Item #8. Item #9. Ordinances on First Reading were read by title by Wanda Krajicek, City Clerk. Item #10. B. C. Item #11. -481- December 6, 1988 Councilmember Mabry made a motion, seconded by Councilmember Estrada, to ' adopt and approve all items not removed from the Consent Calendar. Yeas: Councilmembers Estrada, Horak, Mabry, Stoner, and Winokur. Nays: None. THE MOTION CARRIED. Resolution 88-193 Authorizing the Mayor to Enter into an Intergovernmental Agreement with Larimer County for Following is staff's memorandum on this item: "FINANCIAL IMPACT The 1989 Budget appropriated $152,100 in the General Fund to be distributed to human services agencies. Since 1981, the City has contracted with the Larimer County Department of Human Development to allocate and administer the distribution of funds. This proposed allocation was developed by the Human Resources Committee, a subcommittee of Larimer County Community Action Board. EXECUTIVE SUMMARY Prior to 1981, individual contracts were executed between the various ' social service agencies and the City of Fort Collins. While the City had the responsibility for paying each individual agency, actual monitoring of the agencies' performance was done by the County's Department of Human Development. Since then, the mechanism for City funding of social services has evolved to a single contract with Larimer County whereby the City conveys funds to the County and the County distributes those funds among social service agencies as agreed to by the City and monitors the performance of the individual agencies. Loveland provides funding for social service agencies in the same manner. The County Department of Human Development thus coordinates a county -wide program funded by contributions from Fort Collins, Loveland and the County. This Resolution authorizes the Mayor to enter into an Intergovernmental Agreement with Larimer County for the provision of social services in that manner in 1989." Mayor Stoner withdrew from discussion and vote on this item due to a perceived conflict of interest. Councilmember Horak made a motion, seconded by Councilmember Estrada, to adopt Resolution 88-193. Yeas: .Councilmembers Estrada, Horak, Mabry, and Winokur. Nays: None. (Mayor Stoner withdrawn) THE MOTION CARRIED. -482- December 6, 1988 I Staff Reports City Manager Burkett briefed Council on the City's participation in the Colorado Single Family Home Mortgage Revenue Bond Program. He noted that $754,000 was allocated to Fort Collins at a mortgage rate of 8.45% and stated that 50% of the allocation is for people with an income of $26,000 or less. Mr. Burkett spoke on the cruising problem in the downtown area and indicated that research will be conducted in other communities to ascertain how they handled the issue. He stated a process would be set up to collect input from citizens who are affected by the cruising problem and explained staff would be working with the Health and Safety Subcommittee to set up this process. Councilmember Reports Councilmember Horak shared information from the National League of Cities regarding citizen complaint procedures. Ordinance No. 148, 1988, Appropriating Prior Year Reserves and Unanticipated Revenue in Various Funds and Authorizing the Transfer of Appropriated Amounts Between Funds, Adopted on Second Reading Following is staff's memorandum on this item: "Several funds require supplemental appropriations for 1988 expenditures. This Ordinance, which was adopted 6-1 on first Reading on November 15, provides a summary of a number of appropriations which need to be made before the end of the current budget year. The appropriations being considered in this ordinance reflect a number of changes from the 1988 adopted Budget. Also included in this ordinance are appropriations for any unforeseen expenditures which may have occurred during the year or the addition of unanticipated revenue the City has received. If these appropriations are not made, the City runs the risk of receiving an unfavorable opinion from its auditors and being in violation of the City Charter." Councilmember Winokur made a motion, seconded by Councilmember Estrada, to adopt Ordinance No. 148, 1988 on Second Reading. Yeas: Councilmembers Estrada, Horak, Stoner, and Winokur. Nays: Councilmember Mabry. THE MOTION CARRIED. -483- December 6, 1988 Ordinance No. 164, 1988, Appropriating Prior Year ' Reserves and Unanticipated Revenue in Various Funds and Authorizing the Transfer of Appropriated Amounts Between Funds, Adopted on Second Reading Following is staff's memorandum on this item: "This ordinance, which was adopted as amended on First Reading on November 15 by a vote of 5-1, relates to several items concerning the Street Oversizing Fund. Specifically, it appropriates prior year reserves in the General Fund and Capital Projects Fund for transfer to the Street Oversizing Fund. These monies are proposed to be used to allow the Street Oversizing Fund to repay the outstanding debt it has accumulated. These appropriations are necessary to carry out Council direction as discussed at the worksession of June 14th." Councilmember Mabry withdrew from discussion and vote on this item due to a perceived conflict of interest. Councilmember Estrada made a motion, seconded by Councilmember Winokur, to adopt Ordinance No. 164, 1988 on Second Reading. Bruce Lockhart, 2500 East Harmony Road, noted his concern regarding the , note and payment to Everitt. The vote on Councilmember Estrada's motion to adopt Ordinance No. 164, 1988 on Second Reading was as follows: Yeas: Estrada, Stoner, and Winokur. Nays: ,Councilmember Horak. (Councilmember Mabry withdrawn) THE MOTION CARRIED. Ordinance No. 165, 1988, Authorizing the Issuance of Taxable Industrial Revenue Bonds in the Amount of $1,O0O,O0O for the Purpose of Loaning,Funds to Historical Opera House Properties,.Ltd., to Rehabilitate Existing Structures Known'as the Opera,House Project, Adopted on Second Reading Following is staff's memorandum on this item: "FINANCIAL IMPACT This Ordinance, which was adopted as amended 5-0 on First Reading on November 22, provides additional support to the Historical Opera House Properties, Ltd. project. It authorizes the City to issue $1,OOO,0OO in taxable industrial development revenue bonds to finance the project costs. ' Historical Opera House Property requested that the City pass this Ordinance on First Reading prior to November 23 in order to facilitate the completion M.1.1.0 December 6, 1988 ' and closing of $5.8 million tax-exempt industrial development bonds currently escrowed. The $5.8 million tax-exempt issue was closed on November 23, 1988. EXECUTIVE SUMMARY Since the First Reading, two minor changes have been made to the Ordinance. The Guaranty Agreement will be between The Historical Opera House Corporation, a Colorado corporation, and Marshall Sterman, as guarantors, and the Trustee. Previously, Lester Grant was also included as a guarantor. Article II of the Ordinance has been modified to include provisions about the transfer restrictions on the bonds. Neither of these changes has a material affect upon the transaction." Councilmember Winokur made a motion, seconded by Councilmember Estrada, to adopt Ordinance No. 165, 1988 on Second Reading. Bruce Lockhart, 2500 East Harmony Road, had comments regarding the revenue bonds that have been issued to finance the project. The vote on Councilmember Winokur's motion to adopt Ordinance No. 165, 1988 on Second Reading was as follows: Yeas: Councilmembers Estrada, Horak, Stoner, and Winokur. Nays: Councilmember Mabry. THE MOTION CARRIED. ' Ordinance No. 170, 1988, Authorizing the Issuance of Boardwalk Special Improvement District No. 77 Special Assessment Refunding Bonds in the Aggregate Principal Amount of $588,678.91 and Amending Ordinance No. 15, 1986, Adopted on First Reading Following is staff's memorandum on this item: "FINANCIAL IMPACT This refunding will allow the City to call $596,000 of bonds originally issued in 1982 for Boardwalk SID M77. An amendment to the original assessing ordinance for the District reduces the aggregate principal amount assessed to the participating property owners and extends to period of assessment to ten years. The cash generated from the new assessments is enough to meet the anticipated debt service on the new bonds. EXECUTIVE SUMMARY The refunding provides potential solutions to a number of problems that have been'with this district since its inception in 1982 and enables the property owners to pay their assessments over a longer period of time. -485- December 6, 1988 11 Boardwalk Special Improvement District #77 was formed in September, 1982 after petitions of property owners were submitted to the City. The property owners included developers and non -developers. Original project cost estimates for this district were projected to be $686,067 with a term of financing for ten years. The district was established to provide for the construction of electrical, water and sewer lines, storm drainage, streets, sidewalks, curbs and gutters. In November of 1982 the City issued bonds in a principal amount of $783,000 at 11.1258% interest for 10 years. A construction contract with Sterling Paving Company was awarded for $593,607 in November, 1982 also. The project was substantially completed in December, 1983, at a total cost of $815,172 distributed as follows: Construction $655,216.85 Engineering 123,830.00 Right -of -Way 86,560.00 $865,606.85 Legal 6,617.00 Publication 10.53 City salaries 14,559.30 Other 1,378.50 . Total costs $888,172.18 City Costs: Water Oversizing $26,000 Street Oversizing 24,000 Private costs 23,000 (73,000.00) Total Assessable Cost of Construction: $815,172.18 Change orders totaling $54,574.98 were approved to Sterling Paving. Those orders related to problems with bedrock/blasting and having to fill the roadbed. The improvements were not accepted nor assessed by the City until December, 1985, however. Capitalized interest was not included in the bond issue, hence the City made interest payments on the bonds through construction to the time of assessment. Capitalized interest at 11.1258% was calculated. from December, 1982 to February, 1986 and assessed as principal. This increased the total assessable cost of the district by $294,223 to $1,109,395. Assessments were allocated to seven property owners to be paid over six years beginning in 1986. There are currently 9 property owners in the district. Three property owners have made assessment payments according to the original schedule. , One property owner has made a partial payment. One property:'owner has paid his assessment in total. Four property owners have never made any payments -486- December 6, 1988 and the City holds tax certificates on the property of two of them. Currently the City has paid $470,000 in interest payments on bonds, but received only $258,000 of assessment payments. PROBLEMS 1. Reallocation problems. 2. A two-year delay in the acceptance and assessment of the district, causing a 6-year payoff for the property owners as opposed to an expected 10-year period. 3. Lost investment opportunity costs to the City because the City paid bond interest during construction and during negotiations with delinquent property owners. That amount is estimated to be $135,000. 4. Failure to structure the bond issue, debt service and assessments so that the cash flow from assessments met the debt service on the bonds. The projected deficit for this district is estimated to have been $130,000. PROPOSED REFUNDING The proposed refunding of SID #77 accomplishes the following: 1. Refinances for 10 years the proportionate share of the original $815,172 cost of the district for participating property owners. Property owners who have not elected to participate will continue the current assessment payment schedule. The City will purchase the new bonds and will pay for the costs of issuance. The participants have agreed to pay a portion of the lost opportunity costs calculated at 8% from December, 1982 to December 1985, $85,028. This amount will be included in the assessable principal and paid over ten years. The total assessable principal amount for the six participants is $588,678.91. 2. Requires that participating property owners reimburse the City for their proportionate share of all interest payments made on bonds since issuance. This money is currently escrowed pending Council approval of the refunding. The amount is $119,374.21. 3. Provides a credit to participating property owners for previous payments of assessments. 4. Requires participating property owners to sign agreements and waivers indemnifying the City against claims regarding past procedural or legal issues. RECOMMENDATION ' The proposed refunding does notguarantee solutions to all the problems within this district. Six of the property owners will participate in the -487- December 6, 1988 refunding. These six property owners will reimburse the City for past bond ' interest payments and some, but not all of the City's lost investment opportunity cost. The participants will also indemnify the City against all past claims of procedural irregularities relating to this district. In return, the City will refinance a proportionate share of the original cost of the district for ten years at 11.1258% interest. One property owner has completely paid his assessments and agreed to execute a waiver indemnifying the City against any claims relating to this district. Also, as mentioned previously, the City holds tax certificates on 2 properties and is currently exercising its legal remedies to collect delinquent assessments. Although the City will purchase the new bonds, it is our intention to remarket them at a lower rate of interest after a successful demonstration of good payment history. We hope to recover the costs of issuance and other lost investment opportunity costs upon successful remarketing. If the refunding is not approved, the City would not be granted the waivers and indemnified against possible future claims nor would it have any possibility of recovering lost opportunity costs. Proceeding with the refunding also provides the City with enough funds "up front" to repay most of the money advanced for bond interest. The structure of the assessments in the refunding gives the property owners lower annual installments and increases the likelihood that payments will be made on time." ' Councilmember Winokur made a motion, seconded by Councilmember Horak, to adopt Ordinance No. 170, 1988 on First Reading. Director of Administrative Services Pete Dallow summarized this item, outlined what the City hopes to accomplish with the SID #77 refunding process, and responded to questions from Council. Councilmember Horak noted that the Council Finance Committee has been working with staff on Ordinance No. 170, 1988 and he noted the positive points of the Ordinance. The vote on Councilmember Winokur's motion to adopt Ordinance No. 170, 1988 on First Reading was as follows: Yeas: Councilmembers Estrada, Horak, Mabry, Stoner, and Winokur. Nays: None. THE MOTION CARRIED. Resolution 88-192 Authorizing the City Manager to Enter Into a Contract With the Humane Society for Larimer County for Animal Control Services, Postponed Until January 17 1989 Following is staff's memorandum on this item: -488- December 6, 1988 ' "FINANCIAL IMPACT The contract totals $150,318. This is an increase of $3605 or 2.45% over the 1988 amount. Increases have been budgeted in the 1989 Police Services budget to offset increased operational costs for both the shelter and animal control. EXECUTIVE SUMMARY The City of Fort Collins has contracted with the Humane Society for Larimer County for animal control services since 1981. This year's contract is for a continuation of that service. The contract again provides for both animal control enforcement and shelter care of animals. Animal control enforcement coverage will continue on the same schedule as in 1988: Monday - Friday 6:00 a.m. to 10:30 p.m. and Saturday and Sunday 8:00 a.m. to 6:00 p.m. The contract relationship between the City and the Humane Society for Larimer County remains excellent, with the Society dedicated to providing professional animal control enforcement, care and education to the community." Councilmember Mabry made a motion, seconded by Councilmember Estrada, to adopt Resolution 88-192. City Manager Burkett explained that the Resolution is merely an extension of the present contract with the Humane Society. City Attorney Roy noted the expiration provisions in the current contract and commented on the renewal provision. Ron Walling, 3331 Pinehurst Place, asked Council to reconsider of current policies regarding animal control and to check on the effectiveness of the practices of the Humane Society. Eric Peterson, 1919 Westview, requested a postponement of the contract extension. Councilmember Winokur made a motion, seconded by Councilmember Horak, to postpone consideration of Resolution 88-192 until January 17, 1989. Yeas: Councilmembers Estrada, Horak, Mabry, Stoner, and Winokur. Nays: None. THE MOTION CARRIED. Items Relating to the South College Access Control Plan Following is staff's memorandum on this item: sm December 6, 1988 "EXECUTIVE SUMMARY Hearing to Make Findings and Determinations Concerning the South College Access Control Plan. B. Resolution 88-169 Authorizing the City Manager to Enter into an Intergovernmental Agreement with the State of Colorado Department of Highways to Agree to Use the South College Access Control Plan as the Appropriate Direction for Access Along US Highway 287, College Avenue, between Swallow Road and Trilby Road. The Development Services staff has worked in a cooperative effort with the State of Colorado Department of Highways, Larimer County and property owners to develop an access control plan that meets the requirements of the State Access Code as well as addresses safe and efficient access control to surrounding properties in that area of College Avenue from Swallow Road on the north to Trilby Road on the south. This is a long-range transportation planning effort which proposes to set direction to ensure that College Avenue in this area will be capable of meeting its transportation needs into the future. Planning and Zoning Board Recommendation The Planning and Zoning Board, at its regular monthly meeting of November 21, 1988, voted 7-0 to recommend approval of this plan to the City Council. I BACKGROUND The Council has previously received copies of the Access Control Plan and study and other background materials on this issue. The South College Access Control Plan is needed at this time for two major reasons: o To provide corridor -wide transportation planning in this area instead of the site -by -site analysis. The State and the City have agreed to use the Access Control Plan process to better facilitate land development and highway needs. This Plan, if approved, will provide the guidance for all future development from a transportation access standpoint. o In addition, the Capital Project for the extension of the median on College Avenue from south of Horsetooth Road to south of Harmony Road has been budgeted and is planned to be installed in the summer of 1989. The South College Access Plan will give design concepts to the Engineering Department to complete this median project. Staff, over the last five months, has worked with property owners, the State Highway Department and Larimer County to assure that the various needs of these different concerns have been addressed. Staff has tried very hard to incorporate property owners' desires to the extent allowable to the State Access Code requirements. , -490- December 6, 1988 ' Staff has discussed with property owners and will continue to work with these individuals on the final design of the median. Staff will work with these property owners to find transitional access opportunities to allow development to occur that will ensure eventual compliance with this Plan and that will not preclude development prior to the full implementation of this plan. Council is being asked to adopt a resolution authorizing the City Manager to enter into an intergovernmental agreement with the State of Colorado Division of Highways so that this Plan will become the official planning document to determine future directions for access along College Avenue." Traffic Engineer Rick Ensdorff gave a brief presentation and responded to questions from Council. He commented on the original purpose of the South College Access Control Plan and spoke of the many meetings that were held with land and business owners and citizens. He commented on the median construction that would begin in the summer of 1989. Phil Demothenes, Program Administrator for the Colorado Department of Highways, presented background information on the State Access Code. He noted the significant impact that traffic signals have on major arterials. _ Wayne Shrader, owner of Harmony Road 66, expressed concerns about the ' proposed plan and asked Council to consider, on an interim basis, a left turn lane into his property for southbound vehicles on College. He commented on the 350 petition signatures that he had obtained expressing opposition to the installation of a median on south College Avenue. John Reid, attorney representing Western Wardrobe and Pay 'n Pak, asked for revisions to the access plan and requested a permanent left turn lane for southbound traffic to enable easier access to the business properties along the east side of College. He also presented petitions containing 450 signatures requesting the need for the left turn lane. Jim Boutrous, 818 Winchester Drive, representing Palmer House, supported the installation of the median and requested information regarding the number of left hand turned accesses on South College. Councilmember Mabry suggested modifying the Plan in two ways: (1) to clearly deliniate that there would be left turns provided, allowing access into Pay 'n Pak, Palmer House, Wendy's, etc. This modification would exist on a temporary basis until Mitchell Drive (alternate access) is completed from Horsetooth Road to Boardwalk and (2) to change timing of the implementation of the Plan on the Harmony end of College to provide that the installation of the median on College be coordinated with the completion of John F. Kennedy Parkway from Troutman to Harmony. Mr. Ensdorff presented information on the potential traffic hazards of the ' intersection of Harmony and South College and commented on the safety considerations regarding adding an additional left -turn only lane to gain southbound access from College Avenue. -491- December 6, 1988 Councilmember Mabry made a motion, seconded by Councilmember Horak, to adopt the South College Access Control Plan as written, including two modifications: (1) to clarify that the left -turn access is temporary and will be removed when Mitchell Drive is completed, and (2) to clarify that median between Troutman and Harmony would not be completed until alternate access is available. The vote on Councilmember Mabry's motion to adopt the Plan as written including the clarifications was as follows: Yeas: Councilmembers Estrada, Horak, Mabry, and Stoner. Nays: Councilmember Winokur. THE MOTION CARRIED. Councilmember Mabry made a motion, seconded by Councilmember Horak, to adopt Resolution 88-169 as amended. Yeas: Councilmembers Estrada, Horak, Mabry, Stoner, and Winokur. Nays: None. THE MOTION CARRIED. Ordinance No. 171, 1988, Adopting the 1989 Pay Plan, Adopted on First Reading Following is staff's memorandum on this item: "FINANCIAL IMPACT The proposed pay plan is expected to yield a savings over the amount budgeted in the Adopted 1989 Budget. The projected savings are as follows: General Fund Total City Budgeted for increases to $499,252 $1,521,017 personal services (4%) Proposed increases (2.7% average 388,665 1,216,813 salary, 0.5% benefits) Projected savings over budgeted $110,587 $ 304,204 EXECUTIVE SUMMARY Each year the City Council adopts the pay plan which sets the salaries of City employees in accordance with the adopted budget. This plan is designed to meet the Council's goal of rewarding employee performance and remaining competitive in the labor market. The 1989 Pay Plan is described in detail in the memorandum attached as Exhibit A to the Ordinance. I nxyz December 6, 1988 ' BACKGROUND The 1989 Pay Plan is based on a performance pay system which includes labor market increases to base salaries. The purpose of the plan is to reward superior day-to-day performance by employees and retain the City's competitive position in the labor market. The components of the pay plan include: BASE PAY - the comparison of the City's salaries to comparable organizations in the labor market. PAY EQUITY - the reconciliation of jobs undervalued in the labor market. The final increases for pay equity were paid in 1988, and these amounts will remain in place at the same rates. BENEFITS - items such as medical insurance, life insurance, retirement, social security, etc. Some of these benefits vary as a function of salary, and therefore increase as base salary increases. PERFORMANCE PAY - performance bonus pay for those employees who have reached the top of their pay range or performance level step increases for those employees below the maximum. The City-wide base salary increase will average 2.7%. between the 26 pay lines or job families. The range of Pay increases vary these increases is from 1.6% to 4.4% with all employees receiving an increase in 1989. Attachment A of the memorandum lists the percent increase for each of the pay lines. In addition to these salary and benefit increases, employees who are at the top of the range are also eligible for one-time performance bonuses of up to 3%. The only increase in the cost of performance pay in 1989 is the 2.7% inflation on the 1988 performance bonus budget. The proposed 1989 budget projected a 4% increase to the personal services line items throughout the City. Staff projected that 3.5% of this amount would pay for labor market adjustments, and 0.5% would cover increasing benefit costs. The 0.5% increase in benefit costs reflects the increasing cost of salary -driven benefits such as FICA, life insurance, and retirement. As salaries increase, the cost of providing these benefits is driven up. After completing the pay survey, staff now projects that the 1989 City-wide base salary increase will average 2.7%, which will yield an anticipated savings from the amount originally budgeted for personal services. By returning to the original budgeting model for personal services and revising the labor market adjustment projections to the actual amounts, staff now anticipates a savings of approximately $110,000 over the amount budgeted in the General Fund. This figure is based on a number of assumptions regarding the performance step increases which employees will ' receive and staffing levels at the time the budget was established. In addition, these savings do not reflect the salary increases which may be awarded to department and division heads. These performance increases will -493- December 6, 1988 not be known until the first week of January. Any savings will remain ' frozen in the personal services line items until the end of 1989, at which time it will be returned to reserves. For Council's reference, the entire pay plan is included in the ordinance. The pay range for each classified position is listed, including pay equity adjustments where warranted." Councilmember Winokur made a motion, seconded by Councilmember Estrada, to adopt Ordinance No. 171, 1988 on First Reading. Acting Employee Development Director Jaime Mares gave a brief presentation on the proposed labor market adjustments for 1989 and responded to questions from Council. Jim Creeden, 4020 Goodell Lane #4, expressed support for increased staffing in the Police Department and commented on the low labor market increase. He encouraged an upward adjustment for the Police Department. Mike Thornton, Fraternal Order of Police President, expressed concern over the median pay plan and asked for changes to the plan. The vote on Councilmember Winokur's motion to adopt Ordinance No. 171, 1988 on First Reading was as follows: Yeas: Councilmembers Estrada, Horak, Mabry, Stoner, and Winokur. Nays: None. THE MOTION CARRIED. Ordinance No. 172, 1988, Fixing the Salary of the City Attorney, Adopted on First Reading Following is staff's memorandum on this item: "EXECUTIVE SUMMARY City Council has met in Executive Session to conduct the performance appraisal of City Attorney Steve Roy. This Ordinance will establish the 1989 salary for the City Attorney. Council needs to determine the dollar amounts to be inserted in the Ordinance." Councilmember Winokur made a motion, seconded by Councilmember Mabry, to adopt Ordinance No. 172, 1988 on First Reading inserting the figure of $58,000 as an annual salary and $2,000 as a one-time performance bonus. Jim Creeden, 4020 Goodell Lane #4, commented on the performance bonus process. Mayor Stoner commented on the positive evaluation of the City Attorney and expressed Council's confidence in the City Attorney's ability and I performance. -494- December 6, 1988 ' The vote on Councilmember Winokur's motion to adopt Ordinance No. 172, 1988 on First Reading was as follows: Yeas: Councilmembers Estrada, Mabry, Stoner, and Winokur. Nays: Councilmember Horak. THE MOTION CARRIED. Ordinance No. 173, 1988, Fixing the Salary of the City Manager, Adopted on First Reading Following is staff's memorandum on this item: "EXECUTIVE SUMMARY City Council has met in Executive Session to conduct the annual performance appraisal of City Manager Steve Burkett. This Ordinance will establish the 1989 salary for the. City Manager. Council needs to determine the dollar amounts to be inserted in the Ordinance." Councilmember Winokur made a motion, seconded by Councilmember Estrada, to adopt Ordinance No. 173, 1988 on First Reading inserting the figure of $74,100 as an annual salary and $3,500 as a one-time performance bonus. Jim Creeden, 4020 Goodell Lane ii4, commented on the overall performance of ' the City Manager. Mayor Stoner commented on the performance and ability of the City Manager over the past year. The vote on Councilmember Winokur's motion to adopt Ordinance No. 173, 1988 on First Reading was as follows: Yeas: Councilmembers Estrada, Horak, Stoner, and Winokur. Nays: Councilmember Mabry. THE MOTION CARRIED. Ordinance No. 174, 1988, Amending Section 2-53 and Section 2-55 of the Code Pertaining to Appeals Procedure, Adopted on First Reading Following is staff's memorandum on this item: "FINANCIAL IMPACT Sections 2-46 through 2-56 of the City Code contain the City's provisions regarding appeals to the City Council. Various appeals have been brought to the City Council under this process, particularly from decisions of the Planning and Zoning Board. As a result of questions raised during the course of those appeals, staff is recommending certain changes to the ' procedure provided in the Code. There are two areas in which amendments are being proposed: Section 2-53(2) defining the record on appeal; and -495- December 6, 1988 Section 2-55 pertaining to public discussion and cross-examination by the I parties. BACKGROUND City Council has heard various appeals, most of which have come from decisions of the Planning and Zoning Board. Staff has reviewed the procedures as utilized in the various appeals, and is recommending that two areas of the appeals procedure, namely Sections 2-53(2) and 2-55, be amended. According to the proposed amendment, Section 2-53(2), defining the record on appeal, would be changed to better describe the term "exhibits" so as to include not only the more traditional types of exhibits which are handed to the board and received into evidence, but also slides, materials, petitions, maps and other items that the board had viewed but not actually received at the hearing. The inclusion of this language will permit such exhibits to again be presented to Council on appeal. Section 2-55(b) would also be amended to modify the "public discussion" portion of the hearing so as to limit public participation to those persons who are "parties in interest" as defined in Section 2-46 of the Code. _ Also, since the appeals are "on the record," the reference to the presentation of evidence would be eliminated, lest that provision be construed as permitting the presentation of new evidence on appeal. , Finally, a question has sometimes arisen as to whether parties are entitled to cross-examine one another. Staff believes that no cross-examination should be authorized except questioning by members of the City Council. The City Council, similar to an appellate court, may ask questions of any party presenting testimony to it. The City Attorney should also be permitted to ask questions in order to clarify the record of the proceedings in case of a subsequent review by the courts. Under the proposed revision to Section 2-55, no other party would be permitted to ask questions of persons making presentations to the Council." Councilmember Mabry made a motion, seconded by Councilmember Horak, to adopt Ordinance No. 174, 1988 on First Reading. Yeas: Councilmembers Estrada, Horak, Mabry, Stoner, and Winokur. Nays: None. THE MOTION CARRIED. Resolution 88-195 Making Appointments to the Community Development Block Grant Citizens Steering Committee, Postponed Until December 20, 1988 Following is staff's memorandum on this item: MRZ1 m December 6, 1988 F. ' "EXECUTIVE SUMMARY At its October 4, 1988 meeting, Council adopted a Resolution establishing a methodology for making appointments to the CDBG Citizens Steering Committee. The Resolution provides a thirteen member committee consisting of six neighborhood representatives and seven members to be appointed by the City Council. Advertisements were placed and Councilmembers Horak and Maxey conducted interviews of the eleven applicants. In keeping with Council's policy, adoption of the Resolution should be postponed until December 20 to allow time for public input." Councilmember Horak made a motion, seconded by Councilmember Mabry, to adopt Resolution 88-195 with the insertion of the following names: Laura Langner July 1, 1990 Peggy Sergent July 1, 1990 Bobbie Guye July 1, 1991 Tom Looft July 1, 1991 Clark Long July 1, 1992 Mary Clark July 1, 1992 Diane Risheill July 1, 1992 Councilmember Estrada made a motion, seconded by Councilmember Mabry, to postpone the adoption of Resolution 88-195 until December 20 to allow time for public input. Yeas: Councilmembers Estrada, Horak, Mabry, Stoner, and Winokur. Nays: None. THE MOTION CARRIED. Resolution 88-196 Making an Appointment to the Human Relations Commission, Postponed Until December 20, 1988 Following is staff's memorandum on this item: "EXECUTIVE SUMMARY A vacancy currently exists on the Human Relations Commission due to the resignation of Paul Loopo. Advertisements were placed, and Councilmembers Mabry and Kirkpatrick conducted interviews on November 16. In keeping with Council's policy, adoption of the Resolution should be postponed until December 20 to allow time for public input." Councilmember Mabry made a motion, seconded by Councilmember Estrada, to Resolution 88-196 with the insertion of the following name: I Lucius Drake July 1, 1990 -497- December 6, 1988 Councilmember Winokur made a motion, seconded by Councilmember Estrada, to ' table the adoption of Resolution 88-196 until December 20, to allow time for public input. Yeas: Councilmembers Estrada, Horak, Mabry, Stoner, and Winokur. Nays: None. THE MOTION CARRIED. Resolution 88-197 Making an Appointment to the Landmark Preservation Commission, Postponed Until December 20. 1988 Following is staff's memorandum on this item: "EXECUTIVE SUMMARY A vacancy currently exists on the Landmark Preservation Commission due to the resignation of Carol Tunner. Councilmembers Mabry and Maxey have reviewed the active applications on file, and will announce their recommended appointment. In keeping with Council's policy, adoption of the Resolution should be postponed until December 20 to allow time for public input." Councilmember Mabry made a motion, seconded by Councilmember Estrada, to adopt Resolution 88-197 with the insertion of the following name: ' Andrew Morris July 1, 1991 Councilmember Estrada made a motion, seconded by Councilmember Winokur, to table the adoption of Resolution 88-197 until December 20, to allow time for public input. Yeas: Councilmembers Estrada, Horak, Mabry, Stoner, and Winokur. Nays: None. THE MOTION CARRIED. Resolution 88-198 Making Appointments to the Storm Drainage Board, Postponed Until December 20, 1988 Following is staff's memorandum on this item: "EXECUTIVE SUMMARY Staff recommends that Council announce the recommended appointments and then postpone adoption of the Resolution until December 20 to allow time for public input. Vacancies currently exist on the Storm Drainage Board due to the resignation of James Svedman and the expiration of Rex Burns' position. Mr. Burns' position expired July 1, 1988; however, the position was left ' vacant pending the creation of a Larimer County liaison position on the Board. Mr. Burns is now serving as the County liaison. Advertisements -498- December 6, 1988 were placed, and Councilmembers Horak and Maxey conducted interviews on November 21. In keeping with Council's policy, adoption of the Resolution should be postponed until December 20 to allow time for public input." Councilmember Horak made a motion, seconded by Councilmember Mabry, to adopt Resolution 88-198 with the insertion of the following name: Thomas Brown July 1, 1992 Councilmember Mabry made a motion, seconded by Councilmember Estrada, to table Resolution 88-198 until December 20 to allow time for public input. Yeas: Councilmember Estrada, Horak, Mabry, Stoner, and Winokur. Nays: None. THE MOTION CARRIED. Other Business Councilmember Horak requested more information on the process to resolve the Rex line issue and suggested the possible need for a work session to discuss time frame expectations and the needs of the property owners. Councilmember Estrada supported Councilmember Horak's comments and encouraged more work be done to resolve the key issues. Mayor Stoner commented on a memo from Linda Hopkins, Economic Development Administrator, regarding the payment of street oversizing fees for targeted industries. He expressed concern regarding support from Council to direct staff to present options that would mitigate the fees. Councilmember Estrada noted his support for the effort and requested the options include matching resources from the private sector. Councilmember Winokur expressed his request and asked staff to clearly source of funding. He encouraged an between the public and private sector. support for Councilmember Estrada's identify the costs involved and the increased partnership and commitment Councilmember Mabry also stated his support and requested information on the dollar amount the private sector is currently spending on economic development so an accurate comparison can be made. Mayor Stoner indicated the need for some form of action that conveys support for the concept of new growth. Councilmember Horak suggested the need for a work session on this item. Mayor Stoner proposed the allocation of $250,000 into an economic development fund for the specific purpose of underwriting the street -499- December 6, 1988 oversizing fees for targeted industries. He noted the $250,000 would be pulled from the excess revenue from the 1989 budget. Councilmember Winokur noted the need to define the criteria and project how much money is actually needed for the expenditure. Councilmember Estrada stated he also supported the need to clarify the project and to establish the necessary requirements, thus fully accomplishing Council's objectives. Councilmember Horak indicated his support for discussion at a future work session to determine options and uses for the allocated funds. Addournment Councilmember Winokur made a motion, seconded by Councilmember Mabry, to adjourn the meeting until 6:15 p.m. on Tuesday, December 13, to consider adjourning into Executive Session for the purpose of conducting the performance evaluation of the Municipal Judge. Yeas: Councilmembers Estrada, Horak, Mabry, Stoner, and Winokur. Nays: None. The meeting adjourned at 10:10 p.m. I lot I � I -, \1 \ RUN: I - wnl;� - -W -� -4 Eon -500-