HomeMy WebLinkAboutMINUTES-04/21/1981-RegularApril 21, 1981
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council -Manager Form of Government
Regular Meeting - 5:30 p.m.
A regular meeting of the Council of the City of Fort Collins was held on
Tuesday, April 21, 1981, at 5:30 p.m. in the Council Chambers in the
City of Fort Collins City Hall. Roll call was answered by the following
Councilmembers: Cassell, Elliott, Horak, Knezovich, Kross, Reeves, and
Wilmarth.
Absent: None.
Staff Members Present: Arnold, Liley, Lanspery, Krajicek, Wilson, Krempel,
Wood, and Mabry.
Agenda Review: City Manager
Councilman Elliott asked that Item #12, Second Reading of Ordinance No. 44,
1981, Amending Certain Sections of Chapter 1TS NO of�it e Lity o
Fort Collins Zoning Ordinance, be withdrawn from the onsent alendar.
Councilman Cassell requested that Item #10, Second Readi
41, 1981, Authoriz_iinq_the City Manager to Enter into a
Cease urc ase o Dice f tro ars,Be removed.
of Ordinance No.
greement for the
Councilman Horak asked that Item #28, Approval of Sunday Library Closings
During Summer Months, be withdrawn.
Councilman Knezovich asked that Item #5, Second Reading of Ordinance No.
36. 1981. Aaorooriatina Prior Year Reserves in tie Ware oh use Fund for tFp
Fili
nance
Code
rdi-
s
or
Prior.
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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.
4. Consider Appr_ovinq the Minutes of the_ Regular Meeting of March 17,
1�1 an t e 3ourne Meeting o arch 9
5. Second Reading of Ordinance No._36, 1981, Appropriating Prior Year
Reserves in the Warehouse un for the n—T stal f gn 6r a omputerized
Stock Control ccountinq System.
This Ordinance was unanimously adopted on First Reading on March 17
and would implement a computerized system that would allow for effec-
tive management reporting from the Warehouse to the various City
departments within necessary time frames.
6. Second Reading of Ordinance No. 37, 1981, Amending Section 112 of the
Code Relating to Water Plant Investment Fees.
This Ordinance was unanimously adopted on First Reading on March 31.
The WPIF is intended to finance the cost of expansion of water treat-
ment, storage, transmission, and distribution facilities attributable
to new development. To make the WPIF more equitable, a system based
on lot sizes for traditional single family developments and on units
per building in planned unit developments and other multi -family
construction is proposed.
7. Second Reading of Ordinance No. 38, 1981 Annexin
This Ordinance was unanimously adopted on First Reading on March 17th
and is a request for annexation of a 80+ acre parcel located east of
Shields Street, between Drake and Horsetooth Roads.
8. Second Reading of Ordinance No. 39, 1981 Zoning P
This Ordinance was unanimously adopted on First Reading on March 17th
and is a request to zone the property known as the Springfield
Annexation. Applicants are requesting zoning the 80+ acres R-L, Low
Density Residential.
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9. Second Reading of Ordinance No. 40, 1981 Authorizing the City Manager
to Enler into an areement with the A1Tinson- oss ornora ion�or t e
This Ordinance was unanimously adopted on First Reading on March 17th
and would authorize the City Manager to enter into a three year lease
with Allinson -Ross Corporation for the use of a Communications Manage-
ment System, a software package which will run on our Univac 90/40
computer.
10. Second Reading of Ordinance No. 41, 1981 Authorizin the City Man
to Enter Into an Agreementor e e_ase urc ale o o ice a
Cars.
This Ordinance was unanimously adopted on First Reading on March 31st
and would allow the City to acquire 18 Police patrol cars, (15 re-
placement vehicles and 3 additional vehicles), by lease/purchase
financing.
11. Two Ordinances Relatin to Giving the Plannin
and Zonin
Board the
Final Authority an a ating to onversions
in t e -
one an
Non -Conforming Uses.
A. Second Reading of Ordinance No. 42, 1981,
Amending
the Zoning
Ordinance to Give the Planning and Zoning
Board Final
Authority
on All Planning Items Other than Zonings,
Rezonings and Annexa-
tions.
B. Second Reading of Ordinance No. 43, 1981, Relating to Conversions
in the R-H Zone and Non -Conforming Uses.
These two ordinances were unanimously adopted on First Reading on
March 17th and give the Planning and Zoning Board final authority
over all planning -related items except zonings, rezonings, and annex-
ations, provided that such actions shall be subject to the right of
appeal to the City Council. The ordinances will fully implement the
Charter amendment passed in the Special Election of February 26,
1980.
12. Second Readi
Ordinance No. 44
Amending Certain
rt� onin
ions of
inance.
This Ordinance was unanimously adopted on First Reading on March 17th
and is a staff -initiated request to amend certain .portions of the
Zoning Ordinance relating to the Sign Code and,the renting of rooms as
a permitted home occupation. These proposed changes were presented at
' a recent Council Work Session.
127
13. Second Readin of Ordinance No. 45, 1981 Asin sthe Cost of Im-
provements in Mc a and Street Improvement Distsesrict No. 73.
This Ordinance was unanimously adopted on First Reading on March
17th. On February 3, 1981, City Council passed a Resolution accepting
the Finance Department's report and setting March 17 as the date for
the public hearing to receive comments concerning the assessment of
the costs of this Improvement District. At that time Council decided
to reduce the assessment for Ed Carroll from $15,586.84 to $11,525.09.
The reduction removes the assessment for a water main on the rear of
the property. Mr. Carroll previously paid for water main improvements
on the front and side of this property and there was no benefit to the
property to have water on the third side; however, the water main was
necessary to close the water main loop.
14. Second Readi
inance No. 46, 1981, Creating and Establishing a
uthority in the-= o ort o ins.
This Ordinance was unanimously adopted on First Reading on March
31st. The Resolution appointing members to the D.D.A. appears during
the discussion portion of the meeting.
15. Ordinances Annexing and Zoning Property Known as Trilby Heights
FiTingsne Throug ive.
This is a request to annex and zone 803 acres located west of U.S.
Highway 287, south of Trilby Road.
The applicant has requested that these items be tabled until May 19,
1981.
A. Hearing and First Reading of Ordinance No. 49, 1981, Annexing
Property Known as Trilby Heights First Annexation.
B. Hearing and First Reading of Ordinance No. 50, 1981, Zoning
Property Known as Trilby Heights First Annexation.
C. Hearing and First Reading of Ordinance No. 51, 1981, Annexing
Property Known as Trilby Heights Second Annexation.
D. Hearing and First Reading of Ordinance No. 52, 1981, Zoning
Property Known as Trilby Heights Second Annexation.
E. Hearing and First Reading of Ordinance No. 53, 1981, Annexing
Property Known as Trilby Heights Third Annexation.
F. Hearing and First Reading of Ordinance No. 54, 1981, Zoning
Property Known as Trilby Heights Third Annexation.
128
G.
Hearing
and First Reading of Ordinance No. 55, 1981, Annexing
Property
Known as Trilby Heights
Fourth Annexation.
H.
Hearing
and First Reading of
Ordinance No. 56, 1981, Zoning
Property
Known as Trilby Heights
Fourth Annexation.
I.
Hearing
and First Reading of Ordinance No. 57, 1981, Annexing
Property
Known as Trilby Heights
Fifth Annexation.
J.
Hearing
and First Reading of
Ordinance No. 58, 1981, Zoning
Property
Known as Trilby Heights
Fifth Annexation.
16. Hearing and First Reading of Ordinance No. 59, 1981, Changing the
Time Set for Regular Meetings of the City Council from 5:30 p.m. to
p.m. 6: - - -
At the adjourned meeting of April 14, Council expressed a desire to
change the time of the regular City Council meetings from 5:30 p.m, to
6:30 p.m.
The Ordinance that is included would enable this change. Since the
' Ordinance will be presented on Second Reading on May 5, the May 19th
meeting will be the first meeting affected by the change.
17. Hearin and First Readin of Ordinance No. 60, 1981, Appropriatin
Funds to Cover the Increased Premium tor Employee Medical Insurance.
This Ordinance appropriates funds received from the Pacific Mutual
premium deposit fund to be used for payment of the increased monthly
employee insurance premium. When the 1981 budget was prepared, the
premium was $73/employee/month and has now increased to $88.66/employ-
ee/month.
18. Hearing and First Reading of Ordinance No. 61, 1981, Appropriati
Unanticipated Revenues in the General Fund.
The Police Department has been awarded a reimbursable grant from the
Colorado Division of Highway Safety totalling $8,472 to implement a
program of selective traffic enforcement. These funds will be used to
purchase a fully equipped police motorcycle, a police motorcycle
radio, a helmet with remote speaker, and an electronic speed measuring
device.
19. Hearing and Firsad t Rein
of Ordinance No. 62, 1981,
Appropriating
'
Unanticipated
The
evenues in
City of Fort Collins
a
has been
rant un .
awarded a grant totalling $24,905
from ACTION/United Way for Phase II of the Save America's Vital Energy
Project. The purpose of the program is to coordinate weatherization
129
of homes for senior, handicapped, and low income residents of the Fort
Collins area and to disseminate information on energy efficiency
topics.
20. Hearing and First Reading off Ordinance No. 63, 1981 Vacat�iln, Utility
Easements etwee� n Lots and 1 , Lory Ann states uivision.
This is a City -initiated request to vacate existing utility easements
between Lots 12 and 13 in the Lory Ann Estates Subdivision. The City
is working to alleviate low water pressure problems along the east
side of Overland Trail between Prospect Road and Mulberry. The new
water line alignment would require dedication of new easements between
Lots 13 and 14. (Dedication of these easements is considered under
the routine deeds and easements portion of the Council's agenda.)
11. Hearing and First Readin of Ordinance No. 64, 1981, Vacating Ease-
ments in Bloc 2, Wagon Wheel Filing 1.
The applicant is requesting vacation of easements in Wagon Wheel First
Filing. Originally these easements were dedicated on the recorded
plat as easements for use and enjoyment granted to adjacent property I
owners. After some consideration the applicant has determined this
approach is undesirable and unnecessary and is requesting the vaca-
tion.
22. Hearing and First Reading of Ordinance No. 65, 1981 V_ac_ating an
Access an Parking Easement etween Lots 9 and 14 in t e eplat of
The applicants are requesting vacation of the parking and access
easement between Lots 9 and 14 in the North Shore PUD. The vacation
of the existing easement will allow necessary changes to the building
envelopes but will not require replatting of the lots.
23. Hearin and First Readin of Ordinance No. 66, 1981, AnnexingProperty
Known as Ar or ommercra Annexation.
This is a request to annex 25 acres located at the southwest corner of
the intersection of Harmony Road and College Avenue. The site is
zoned T-Tourist in the County and has one residence on it.
24. Hearin and First Reading of Ordinance N_o.67_,_ 1981,.__Zoning Property
nown as Ar or ommercia nnexation.
This is a request to zone the property known as the Arbor Commercial
Annexation. Applicant is requesting zoning the 25 acres H-B, Highway I
Business.
130
25. Items Relating to the Joint Funding of the
the City and County Governmental Purposes.
)raisal of Property for
A. Resolution Authorizing the City Manager to Enter Into an Agree-
ment with Larimer County for Joint Funding of the Appraisal of
Property for City and County Governmental Purposes.
At the joint County Commissioners -City Council meeting of February
24, 1981, both entities informally agreed to contract with an
appraisal firm to appraise the real property on the proposed
"City/County" block. The Counci and the Commissioners agreed also
to share equally in the cost of such appraisals which, at the
time, was estimated to be $25„000. The City was also appointed as
the lead agency to manage the project.
This Resolution would authorize the City Manager to execute an
agreement on behalf of the City outlining the cost sharing agree-
ment.
B. Resolution Authorizing the City to Enter Into a Professional
Services Agreement with Harold A. Jung bluth to Provide Appraisal
Services in Block 31.
' Staff recommends approval of this Resolution authorizing the City
Manager to execute a contract on behalf of the City. The contract
would authorize Harold Jungbluth and Associates to prepare and
furnish to the City and the County an appraisal of all real
property on the City/County block. The contract will be for an
amount not to exceed $22,000.
C. Hearing and First Reading of Ordinance No. 71, 1981, Appropriating
Prior Year Reserves in the Revenue Sharing Fund.
This Ordinance appropriates the $11,000 in the Revenue Sharing
Fund to pay for the City's share of the appraisal cost. Prior
year reserves are available in the Revenue Sharing Fund.
26. Resolution Authorizing Street Name Changes from Druid Drive to
ve
ara Drive.
The applicant is requesting that two approved street names be changed
in The Vineyard, Filing One, Stonehenge PUD. The applicant requests
that Druid Drive be changed to Stoney Hill Drive and that Stony Hill
Road be changed to Niagara Drive.
27. Resolution Authorizing_the Execution of an Intergovernmental Agreement
with Larimer— o�nty el gardin`q AdminMration ofi t e uman ervice
' This agreement provides that the City shall pay a portion of the cost
of one County employee who will coordinate the monitoring and adminis-
tration functions for both the City and County Human Service Agencies
131
tration functions for both the City and County Human Service Agencies
program. In 1981 the City cost will be $7,500. City Council will
still review and approve the annual agency grants during each year's
budget process.
28. Approval of Sunday Library Closings During Summer Months.
Staff recommends Council approve the library closing on Sundays during
summer months (5/31-9/6).
29. Canvass of the Results of the April 7, 1981 General Municipal Elec-
tion.
Staff recommends that Council officially accept the Canvass of the
Election Results.
30. Routine Deeds and Easements
The following are routine deeds or easements which have been reviewed
by the affected Departments and by legal staff. The first two trans-
actions are for expansion of booster pump service in an area where
water pressure is currently critical.
A. Crossing agreement with the Pleasant Valley and Lake Canal
Company needed to construct and maintain an eight -inch diameter
waterline under the Pleasant Valley Ditch, located in the Overland
Trail Farm P.U.D. -and Lory Ann Estates, north of Prospect and east
of Overland Trail. Construction is scheduled as soon as possible.
Consideration: $1.00.
B. Warranty Deed easement with George Vernon Von Vihl, Jacqueline
Michie and Dorothy Kendall for an easement for utility lines and a
pedestrian path, ocated north of the Von Vihl Heights Subdivision
and south of Overland Trail Farms P.U.D. Construction is sched-
uled.as soon as possible. Consideration: $10.00.
Warranty Deed easement from The First Free Methodist Church of
Fort Collins for widening of the Drake and Shields intersection.
This easement is located on the southwest corner of the intersec-
tion. Construction is scheduled for this summer. Consideration:
$10.00.
D. Dedication of replacement easements in Lory Ann Estates Subdivi-
sion. Vacation of the existing utility easerents between Lots 12
= in Lory Ann Estates Subdivision was considered earlier in the
agenda. This was a City initiated request to allow .the City to
construct a new water line along the east side of Overland Trail
to alleviate low pressure problems. The alignment of the new
132
water line requires the dedication of new easements between Lots
13 and 14. City staff and all affected public agencies have
reviewed the request and are recommending approval. Considera-
tion: $1.00.
31. Adoption of the 1979 Edition of the Uniform Fire Code.
This item was scheduled for hearing at the April 21 meeting but is
being recommended for tabling until May 19.
Ordinances on Second Reading were read by title by City Clerk Wanda Kra-
jicek.
Item #7. _Second Reading of Ordinan
as �pringfileld Annexation.
Item #8. Second Reading of Ordinance No. 39, 1981 Zoni
arinQ19TaVnonino.
Property Known as
Item #11. Two Ordinances Relating to Giving the Planning and Zoni
-uonrorminq uses.
Item #14. Second Reading of Ordinance No. 46, 1981, Creati
ing a Downtown Deve opment Authority in tfie Cit
nq and Establish-
y o Fort C�!ins.
Ordinances on First Reading were read by title by City Clerk Wanda Krajicek.
Item #16. Hearing and First Reading of Ordinance No. 59. 1981. Chanqinq the
to b•3U P.M.
Item #20. Heariny and First Readin of Ordinance No. 63, 1981 Vacating
UtilitEasements Between Lots 2 and 13, Lory Ann Estates
Subdivision.
Item #21. _Hearing and First Reading of Ordinance No. 64, 1981, Vacating
aseE ments—in oc , agon hee i ing
Item #22. Hearing and First Reading of Ordinance No. 65, 1981 Vacating an
Access and Par ing asement etween ots an inn the ep at
of North Shore PUD.
Item #23. Hearing and First_ Reading_of Ordinance No. 66, 1981, Annexing
Property nown as r_or ommerciaaT Annexation.
133
Item #24. Hearing and First Reading Of Ordinance No. 67_, 1981, Zoning
Property nown as r or ommercia nT n7 vexation.
Councilwoman Reeves made a motion, seconded by Councilman Kross, to adopt
all items not withdrawn from the Consent Calendar. Yeas: Councilmembers
Cassell, Elliott, Horak, Knezovich, Kross, Reeves, and Wilmarth. Nays:
None.
THE MOTION CARRIED.
Ordinance Adopted on Second Reading .
Appropriating Prior Year Reserves in the
Warehouse Fund for the Installation for a
Computerized Stock Control Accounting System
Following is the City Manager's memorandum on this item:
"This Ordinance was adopted unanimously on First Reading on March 17.
The following background information accompanied this Ordinance on First
Reading: '
The Material Control Division presently is operating with a manual "First
In - First Out" inventory system. The workload has increased such that an
automated system is needed for the Warehouse. A computerized system will
allow for effective management reporting from the Warehouse to the various
City departments within necessary time frames.
The cost of installing and operating the computerized system for 1981 is
projected to be $48,500. The Warehouse Fund is projecting $353,334 avail-
able in prior year reserves from which the $48,500 can be appropriated."
Councilman Knezovich asked how much continuing costs might be to service
this computerized installation, how much inventory is controlled for the
period in question, is it cost justified and how many staff positions will
be eliminated?
Finance Director Ron Wood replied that the continuing costs for equipment
would be $600 per month including the cost for software, programming and
for computer terminals.
He further noted that the average inventory controlled by the system would
be approximately $1 million dollars. There are 2 persons doing records
control functions and that is not expected to'be reduced but that the need '
to add staff will be reduced.
134
F
Councilman Knezovich made a motion, seconded by Councilman Kross, to adopt
Ordinance No. 36, 1981 on Second Reading. Yeas: Councilmembers Cassell,
Elliott, Horak, Knezovich, Kross, Reeves, and Wilmarth. Nays: None.
THE MOTION CARRIED.
Ordinance Adopted on Second Reading
Amending Section 112 of the Code
Relatinq to Water Plant Investment Fees
Following is the City Manager's memorandum on this item:
"This Ordinance was adopted unanimously on First Reading on March 31.
The following background information accompanied this Ordinance on First
Reading:
The Water Plant Investment Fee (WPIF) is currently charged according to the
size of the water tap or service line (usually the service line is the same
size as the tap). This structure creates some potential problems since the
I
fees charged are often not in proportion to water usage and there is the
potential for installation of undersized service lines. Several methods of
improving the WPIF structure have been investigated.
The WPIF is intended to finance the cost of expansion of water treatment,
storage, transmission and distribution facilities attributable to new
development. In order to do this equitably, the fee should reflect the
maximum day demands expected from each new water service. The factors that
affect the projected maximum demands for each new service include the
service line, the number of people served, and the irrigable area.
The staff initially examined three alternatives. The first was a WPIF
based on tap size, just as it is presently, but with a minimum tap size
according to the number of units served by the tap. The second method was
to base the WPIF on the housing density of each development. The third
method was to base the charges on the number of units per building. After
considerable analysis and consideration, various components of these
alternatives were synthesized into a recommended WPIF structure as follows.
With the recommended 14PIF struct
single family residences a WP
residences, which usually have c
charged according to the number
portion of WPIF revenues come
' maximum demands are largely due
be charged by housing density
ure the City would charge most traditional
IF based on the lot size. Multi -family
ommon space associated with them, would be
of units per building. Since the major
from single family residences, and their
to lawn irrigation, these residences would
as reflected in lot sizes. Multi -family
135
developments would not be as adaptable to charges according to housing
density, but the number of housing units per building does indicate pro-
jected water demands. The adoption of this structure, as proposed in the
attached memo and ordinance, should not result in any significant change in
revenues to the utility, or cost to our citizens, but should result in a
more equitable rate structure. This concept was reviewed by and is recom-
mended by the Water- Board."
Councilman Knezovich expressed concern regarding the water plant investment
fee and asked what the capital expense levels happen to be. He further
asked if the Finance Department had plans for accounting for development
fees and keeping track of them separately.
City Manager John Arnold replied that this doesn't deal with an increase in
water plant investment fees but is a change in the billing of the fees.
The fees are calculated based on the number of dwelling units and costs.
As far as the Finance Department keeping track of them separately, they are
a part of the total utility revenues and not a separate reserve for capital
replacement. He suggested a work session to discuss plant investment
fees.
Mayor Wilmarth asked if there was a feasible way to identify these kinds of
funds under our present accounting system.
Mr. Arnold replied that staff would look at that option.
Councilman Kross made a motion, seconded by Councilwoman Reeves, to adopt
Ordinance No. 37, 1981 on Second Reading. Yeas: Councilmembers Cassell,
Elliott, Horak, Knezovich, Kross, Reeves, and Wilmarth. Nays: None.
THE MOTION CARRIED.
Ordinance Adopted on Second Reading
Authorizing the City Manager to Enter Into
an Agreement with the Allinson -Ross Corporation
for the Lease of a Computer Software Package
Following is the City Manager's memorandum on this item:
"This Ordinance was adopted unanimously on First Reading on March 17.
The following background information accompanied this Ordinance on First
Reading:
This Ordinance would authorize the City Manager to enter into a three year
lease with Allinson -Ross Corporation for the use of a Communications
Management System, a software package which will run on our Univac 90/40
computer.
136
The use of this software package will enable us to initiate our plan to
provide remote terminal usage to various user departments. By early summer
the Water/Sewer Department and possibly Engineering will be interacting
with the central computer from their various remote sites without relying
on M.I.S. for extended support.
The terms of the lease specify that the City will pay Allinson -Ross Corpo-
ration $750 per month for the duration of the three-year lease, and in
addition, will pay $1,500 for installation and education upon installa-
tion of the program."
Councilman Knezovich stated that there appeared to be some conflict in the
whole lease/purchase area and asked that this item and Item #10 be dis-
cussed together.
City Attorney Liley stated that this item (#9) was a straight lease, a 3
year lease that is terminable yearly and not really a lease/purchase
agreement.
Councilman Knezovich made a motion, seconded by Councilman Elliott,
to adopt Ordinance No. 40, 1981 on Second Reading. Yeas: Councilmembers
' Cassell, Elliott, Horak, Knezovich, Kross, Reeves, and Wilmarth. Nays:
None.
THE MOTION CARRIED.
Ordinance Adopted on Second Reading
Authorizing the City Manager to Enter Into An Agreement
for the Lease/Purchase of 18 Police Patrol Cars
Following is the City Manager's memorandum on this item:
"This Ordinance was unanimously adopted on First Reading on March 31. We
have included memos from the City Attorney and the Finance Director which
explain the lease/purchase situation in detail, especially in light of the
results of the April 7 election. The following background information
accompanied this Ordinance on First Reading:
The adopted 1981 Budget includes $200,000 to finance the lease/purchase of
$800,000 of equipment needs. Lease/ Purchase financing was recommended by
staff during Council budget work sessions as an alternative to the City's
past method of providing for equipment needs. Staff continues to recommend
lease/purchase as a viable alternative.
' The City proposes in this Ordinance to lease/purchase 18 Police Patrol Cars
(15 replacement vehicles and 3 additional vehicles).
137
The terms of the agreement with First National Bank provide for quarterly
payments with a fixed interest rate of 65% of prime as of the date of
execution of the agreement. We expect that the prime rate will not be
greater than 17.5% and the fixed rate will not be greater than 11.375%.
This rate methodology is competitive in today's market. PRPA has short
term financing outstanding, of which about $10 million is at 70% of prime."
Councilman Cassell noted that he had asked that this item be withdrawn
because of some concerns that had been expressed to him in view of the
failure of the recent ballot issue.
City Attorney Liley replied that the intent of the City in seeking the
Charter amendment was not to authorize the use of lease/purchase agreements
because the City has had in the past and continues to have legal authority
to enter into agreements by statute. The purpose of the amendment was to
change the terms slightly under which the City could enter into a lease
agreement and to avoid a potential legal problem having to do with a case
currently pending in the Colorado Supreme Court which may bring into doubt
the ability of a city to enter into a lease/purchase agreement. The case
has not been decided so the City continues to have statutory legal autho-
rity to enter into lease/purchase agreements. She further noted that this
was for equipment and that there is considerable difference between a
lease/purchase agreement for equipment and one for the acquisition of real '
property.
Councilman Cassell made a motion, seconded by Councilwoman Reeves, to adopt
Ordinance No. 41, 1981 on Second Reading. Yeas: Councilmembers Cassell,
Elliott, Horak, KnezovicFi, Kross, Reeves, and Wilmarth. Nays: None.
THE MOTION CARRIED.
Ordinance Adopted on Second Reading
Amending Certain Sections of Chapter 118 of the
Code of the City of Fort Collins Zoning Ordinance
Following is the City Manager's memorandum on this item:
"This Ordinance was unanimously adopted on First Reading on March 17.
The following background information accompanied this Ordinance on First
Reading:
This is a staff -initiated request to amend certain portions of the Zoning
Ordinance as detailed in the attached ordinance. Sections 1-3 relate to
the Sign Code, while Section 4 relates to the renting of rooms as a
permitted home occupation. These proposed changes are the same ones which I
were presented at a recent Council Work Session. The reasons for each of
the amendments are as follows:
138
Section 1:
The present ordinance allows one identification sign during
the first two years of construction of a new subdivision.
This sign can be as large as 100 square feet in area per
face but must be located within the subdivision filing
under construction. This provision has recently raised
concerns among local developers. They feel that the two
years' limitation is not realistic because it takes longer
than that to build a subdivision, and they feel that the
requirement to place the sign in the filing under con-
struction hurts their marketing program if said filing does
not have frontage on a major street. This is due to the
fact that no one can see their sign; thus, sales of new
homes are slowed. We feel their concerns have some validity
and that the proposed ordinance change will help to allevi-
ate these problems. We are proposing to allow such signs to
remain up until the subdivision sales office closes, and to
allow signs to be placed on arterial and collector boundar-
ies of developments, regardless of whether or not the filing
under construction borders such streets. This will increase
the number of signs on main roads, but with the conditions
' outlined in the proposed ordinance we hope to limit these
signs so that they will not adversely affect the street -
scope of Fort Collins.
Section 2:
The Sign Code, as it currently reads, does not contain any
provision to allow awning signs and, therefore, they are
illegal. Due to the recent proliferation of awning signs
around town, staff feels that the Sign Code should be
revised to allow for this type of sign. This section would
add a definition of an awning sign to the Code.
Section 3:
This proposed addition to the Code would set forth criteria
for awning signs. In order for an awning sign to be legal,
it would have to comply with all of the requirements found
in this section. None of these requirements conflict with
any provisions for awnings found in the Uniform Building
Code.
Section 4:
' This revision would alter the requirements and limitations
for the renting of rooms as a permitted home occupation so
139
as to increase our ability to monitor compliance with the '
home occupation ordinance and reduce the number of abuses
resulting from the present code. Currently, a family can
rent rooms to not more than four persons as a home occupa-
tion as long as the renters do not eat on the premises. On
several recent occasions, citizens have filed zoning com-
plaints against property owners having more than three
unrelated people living together. When our office has
notified the owner of the alleged violation, he consults a
realtor or lawyer who advises him to apply for a home
occupation. If the required parking is provided, the City
usually has no choice but to issue a C. 0. for the home
occupation. However, we are unable to enforce the condition
that the renter not eat on the premises. The result is
seven unrelated people living together as a family when code
allows no more than than three. This revision would allow
people who want to rent out rooms legitimately to still do
SO. Owner occupancy would cut down on some of the abuses
and give us the means to enforce partial compliance.
Reducing the number of renters from four to two would lessen
the impact on the surrounding area."
Councilman Elliott asked if there was a time frame under which the signs
can be posted within the subdivision.
City Attorney Liley noted that the Ordinance provides that the signs can '
remain in place so long as the development office is open and there is no
outside limit on that. Typically once the sales have been completed, the
sales office would not be open. She added that the sign code changes are
reviewed from time to time and if problems exist, it can be amended.
Councilman Elliott asked if Section 4 pertaining to the renting of rooms
would in any way affect the number of persons currently living in a home,
specifically rentals to college students, etc.
City Attorney Liley replied that all existing uses could continue as a
non -conforming use and this would only apply perspectively.
Zoning Administrator Pete Barnes explained the circumstances that lead up
to this amendment noting that approximately 50 zoning complaints had been
filed from persons in single family neighborhoods who were impacted under
the old provision. He noted that the ordinance was an attempt to eliminate
some of the abuses and to cut down on the number of unrelated persons
living in a home.
Councilwoman Reeves pointed out that you must be the owner of the property
in order to qualify for a "home occupation" permit.
Councilwoman Reeves made a motion, seconded by Councilman Cassell, to adopt
Ordinance No. 44, 1981 on Second Reading. Yeas: Councilmembers Cassell, ,
Elliott, Horak, Knezovich, Kross, Reeves, and Wilmarth. Nays: None.
THE MOTION CARRIED.
140
Ordinance Adopted on Second Reading
Assessing the Cost of Improvements in (McClelland)
Street Improvement District No. 73
Following is the City Manager's memorandum on this item:
"This Ordinance was unanimously adopted on First Reading on March 17.
Additionally, Council reduced Mr. Ed Carroll's assessment to $11,525.09,
per the staff recommendation. The following background information ac-
companied this Ordinance on First Reading:
On February 3, 1981, City Council passed a Resolution accepting the Finance
Department's report and setting March 17 as the date for the public hearing
to receive comments concerning the assessment of the costs of this Improve-
ment District. The Council also needs to make a decision regarding the
reduction of the assessment for Ed Carroll. Mr. Carroll's assessment would
be reduced from $15,586.84 to $11,525.09. The reduction removes the
assessment for a water main on the rear of the property. Mr. Carroll
previously paid for water main improvements on the front and side of this
property and there was no benefit to the property to have water on the
third side; however, the water main was necessary to close the water main
' loops."
Councilman Knezovich asked that the record show that he withdrew from
discussion and vote on this item.
Councilman Kross made a motion, seconded by Councilwoman Reeves, to adopt
Ordinance No. 45, 1981 on Second Reading. Yeas: Councilmembers Cassell,
Elliott, Horak, Kross, Reeves, and Wilmarth. Nays: None. (Knezovich
withdrawn)
THE MOTION CARRIED.
Ordinances Tabled on First Reading
Annexing and Zoning Property Known as
Trilby Heights Filings One Through Five
Following is the City Manager's memorandum on this item:
"This is a request to annex and zone 803 acres located west of U.S. Highway
287, south of Trilby Road.
The applicant has requested that these items be tabled until May 19,
1981.
IA. Hearing and First Reading of Ordinance No. 49, 1981, Annexing Property
Known as Trilby Heights First Annexation.
141
B.
Hearing
and First Reading of Ordinance No.
50, 1981, Zoning Property
Known as
Trilby Heights First Annexation.
C.
Hearing
and First Reading of Ordinance No.
51, 1981, Annexing Property
Known as
Trilby Heights Second Annexation.
D.
Hearing
and First Reading of Ordinance No.
52, 1981, Zoning Property
Known as
Trilby Heights Second Annexation.
E.
Hearing
and First Reading of Ordinance No.
53, 1981, Annexing Property
Known as
Trilby Heights Third Annexation.
F.
Hearing
and First Reading of Ordinance No.
54, 1981, Zoning Property
Known as
Trilby Heights Third Annexation.
G.
Hearing
and First Reading of Ordinance No.
55, 1981, Annexing Property
Known as
Trilby Heights Fourth Annexation.
H.
Hearing
and First Reading of Ordinance No.
56, 1981, Zoning Property
Known as
Trilby Heights Fourth Annexation.
I. Hearing and First Reading of Ordinance No. 57, 1981, Annexing Property
Known as Trilby Heights Fifth Annexation. ,
J. Hearing and First Reading of Ordinance No. 58, 1981, Zoning Property
Known as Trilby Heights Fifth Annexation."
Councilman Knezovich asked the reason for tabling these ordinances.
Planning Director Curt Smith stated that the applicant was unable to attend
this meeting and was requesting that it be tabled to May 19th.
Councilman Knezovich made a motion, seconded by Councilman Cassell, to
table Ordinances No. 49 - 58, 1981, to May 19th. Yeas: Councilmembers
Cassell, Elliott, Horak, Knezovich, Kross, Reeves, and Wilmarth. Nays:
None.
THE MOTION CARRIED.
Ordinance Adopted As Amended on First Reading
Appropriating Funds to Cover the Increased
Premium for Employees Medical Insurance
Following is the City Manager's memorandum on this item:
"When the 1981 budget was prepared, the premium,for employee medical insur-
ance was budgeted at $73/employee/month. Early in 1981, that premium
increased to $87.71/employee/month. In addition, the Medical Care (office
142
visit) benefit schedule was increased from $4.30 to $5.00. This resulted
in a new monthly premium of $88.66/employee.
These changes increased the City's medical costs by $136,430 for 1981.
Funds to cover this amount were requested and received from the Pacific
Mutual premium deposit fund. (The premium deposit fund is a Pacific Mutual
reserve of prior year contributions made by the City.) These funds need to
be appropriated in various City funds to be used for payment of the in-
creased insurance premium.
The City's employee benefit package states that the City will pay the total
cost of the medical benefits. The city is currently preparing a proposal
for City Council recommending a self insurance medical program (with four
other Colorado municipalities) for 1982."
Councilman Knezovich stated that he felt the ordinances for Items 17, 18,
and 19 were flawed in that they state the plural of revenue as "revenues".
He stated that his education indicated that the plural was "revenue".
Councilman Knezovich made a motion, seconded by Councilman Elliott, to
amend Ordinances No. 60, 61, and 62 where appropriate, changing the word
"revenues" to "revenue". Yeas: Counclmembers Cassell, Elliott, Horak,
Knezovich, Kross, Reeves, and Wilmarth. Nays: None.
' THE MOTION CARRIED.
Councilman Kross made a motion, seconded by Councilwoman Reeves, to adopt
Ordinance No. 60, 1981, as amended, on First Reading. Yeas: Council -
members Cassell, Elliott, Horak, Knezovich, Kross, Reeves, and Wilmarth.
Nays: None.
THE MOTION CARRIED.
Ordinance Adopted as Amended on First Reading
Appropriating Unanticipated Revenues in the
General Fund
Following is the City Manager's memorandum on this item:
"The Police Department has been awarded a reimbursable grant from the
Colorado Division of Highway Safety totalling $8,472 to implement a program
of selective traffic enforcement. These funds will be used to purchase a
fully equipped police motorcycle, a police motorcycle radio, a helmet with
remote speaker, and an electronic speed measuring device.
The terms of the grant require $15,676 of City in -kind services. Five
officers will devote a percentage of their time totalling $15,076 in
personal services to the project. Maintenance and operating costs of
the motorcycle will total $600 to be paid from the Police Department's
existing budget.
143
This Ordinance appropriates the $8,472 in grant funds for the Police
Department's Traffic Safety Project in the General Fund."
Councilman Kross expressed concerns regarding this item. He asked what
the "in -kind" services referred to in the background memo were. He noted
that maintenance costs were another concern.
Chief Smith replied that the officers would be doing routine patrol work
but on a selective enforcement basis, such as at intersections where more
accidents occur and in the center parking on College Avenue. As far as
maintenance, Chief Smith stated that he suspected that it would be con-
tracted, although that has not been decided.
Councilman Knezovich made a motion, seconded by Councilwoman Reeves,
to adopt Ordinance No. 61, 1981 on First Reading as amended (see previous
item). Yeas: Councilmembers Cassell, Elliott, Horak, Knezovich, Reeves,
and Wilmarth. Nays: Councilmember Kross.
THE MOTION CARRIED.
Ordinance Adopted As Amended on First Reading I
Appropriating Unanticipaed Revenues
in the S.A.V.E. Grant Fund
Following is the City Manager's memorandum on this item:
"The City of Fort Collins has been awarded a grant totalling $24,905 from
ACTION/United Way for Phase II of the Save America's Vital Energy Project.
The purpose of the program is to coordinate weatherization of homes for
senior, handicapped, and low income residents of the Fort Collins area and
to disseminate information on energy efficiency topics.
The grant runs from March 1, 1981, to October 31, 1981, and requires
$8,604 of City in -kind contributions. This amount has been identified
in office space and personnel time being donated by the City.
This ordinance appropriates the grant monies of $24,905 in the S.A.V.E.
Grant Fund for this project."
Councilwoman Reeves made a motion, seconded by Councilman Knezovich,
to adopt Ordinance No. 62, 1981 as amended (see previous item) on First
Reading. Yeas: Councilmembers Cassell, Elliott, Horak, Knezovich, Kross,
Reeves, and Wilmarth. Nays: None.
THE MOTION,CARRIED.
L
144
' Ordinance Adopted on First Reading
Appropriating Prior Year Reserves
in the Revenue Sharing Fund
Following is the City Manager's memorandum on this item:
"This Ordinance appropriates the $11,000 in the Revenue Sharing Fund to pay
for the City's share of the appraisal cost. Prior year reserves are
available in the Revenue Sharing Fund as shown on the attached Comparative
Budget Statement."
Councilman Knezovich stated that information provided shows an unaudited
ending fund balance of $21,000 in the Revenue Sharing Fund. Since the
Ordinance appropriates $11,000 from the unaudited figures, he asked for
assurance that the final audited figures wouldn't show that there was
not $11,000 to spend.
City Manager John Arnold replied that he was confident that the $11,000
would be available.
Councilwoman Reeves made a motion, seconded by Councilman Elliott, to adopt
Ordinance No. 71, 1981 on First Reading. Yeas: Councilmembers Cassell,
Elliott, Horak, Knezovich, Kross, Reeves, and Wilmarth. Nays: None.
THE MOTION CARRIED.
Resolution Adopted Authorizing Street Name
Changes from Druid Drive to Stoney Hill
Drive and Stony Hill Road to Niagara Drive
Following is the City Manager's memorandum on this item:,
"The applicant is requesting that two approved street names be changed
in The Vineyard, Filing One, Stonehenge PUD. The applicant requests
that Druid Drive be changed to Stoney Hill Drive and that Stony Hill
Road be changed to Niagara Drive. All affected City Departments and
agencies have reviewed this request. Staff is recommending approval
of the Resolution (Case No. 24-81)."
Councilman Knezovich questioned the spelling of the street name "Niagara"
in the Resolution.
City Attorney Liley noted that spelling irregularities could be corrected
without a formal motion.
Councilman Kross made a motion, seconded by Councilman Cassell, to adopt
this Resolution. Yeas: Councilmembers Cassell, Elliott, Horak, Knezovich,
Kross, Reeves, and Wilmarth. Nays: None.
THE MOTION CARRIED.
145
Sunday Library Closings During '
Summer Months, Approved
Following is the City Manager's memorandum on this item:
"The recommendation is made because of two factors. The 1981 temporary
salary account did not anticipate an increase in the minimum wage for 1981,
resulting in a short fall of $1,742. The second factor is the "fair share"
reduction of operating the budget by 1%, or $1,754. These two factors
comprise 2% of the operating budget of the library.
The library's statistics demonstrate that the library is not used as
greatly on Sundays during the three summer months as in the remaining
months, with 25% fewer items checked out. Therefore, the effect on the
library user would be less than the curtailment of other hours or services.
By taking this action now, the public will be informed and able to adapt
to the change in library hours.
The savings will also be realized in energy costs, electrical due to
non-use of air conditioner, plus custodian services.
The Library Board also recommends this
action and their recommendation is
included."
Councilman Horak expressed his concerns
noting that
he felt the cost was
'
not that great and that perhaps the
library would
not be open on the
week -end when some persons may only be
able to use it.
Don Morgan, Chairman of the Library Board, explained
the Board's position
noting that the Sunday closing was the
best thing to
do without jeopardiz-
ing the basic services of the library.
Councilman Kross made a motion, seconded by Councilman Cassell, to approve
Sunday Library closings during the summer. Yeas: Councilmembers Cassell,
Elliott, Knezovich, Kross, and Wilmarth. Nays: Councilmembers Horak and
Reeves.
THE MOTION CARRIED.
Resolution Authorizing the Board of
County Commissioners of Larimer County to
Issue Revenue Bonds for the Purpose of
Providing Adequate Residential Housing Facilities
for Low and Middle Income Families and
Persons on Behalf of This Municipality
Following is the City Manager's memorandum on this item:
"At the adjourned meeting on April 14, Council decided to bring this Reso-
lution back for further consideration. The information that follows was
146
' part of the original packet that accompanied the Resolution on March 31.
At that meeting the Resolution was denied by a 4-2 vote (Kross absent).
Larimer County has been working for some time on the issuance of IDRB's for
low-income mortgages. The issue is apparently ready to move and like most
such issues needs to move fast.
Since the County will issue the bonds, we need to adopt a Resolution saying
we will not issue similar bonds for similar purposes for a year. But
residents o1= Fort Collins are then eligible to participate in the program.
Limitations in the law are: eligibility of governmental units is limited
to 9% of the mortgages generated in the jurisdiction during the last three
years. For the County that amounts to $8 million. At $40,000 per loan, it
is estimated that 150 loans will be authorized under- the program.
The mortgage money is 12 112% interest, 30 year, fixed rate. Eligibility
goes to those with under $30,000 adjusted income.
Certainly low and moderate income folks need mortgage help. Staff recom-
mends the program to you.
Councilman Cassell made a motion, seconded by Councilwoman Reeves, to adopt
this Resolution. Yeas: Councilmembers Cassell, Elliott, Horak, Knezovich,
Kross, Reeves, and Wilmarth. Nays: None.
THE MOTION CARRIED.
Ordinance Adopted on First Reading
Reappropriating 1980 Funds
Following is the City Manager's memorandum on this item:
"At the end of December, 1980, a City Charter provision (Article V, Section
10) existed whereby all appropriations unexpended or unencumbered at the
end of the budget year lapsed to the applicable special or general fund.
All capital projects and/or grant appropriations not spent or encumbered by
the end of 1980, therefore, lapsed. As a result, we need to reappropriate
these lapsed 1980 appropriations in order to complete the projects/
grants.
As shown on Attachment A and B, reappropriations need to be made in both
the financing funds and in the Capital Projects Fund for each capital
project.
I
A separate fund is established for each City grant received and reappro-
priations for grants need to be made only in the grant fund.
147
Attached is a proposed ordinance for reappropriating 1980 appropriations
that have lapsed and a report explaining what these appropriations will be
used for. Specific explanations for project expenditures are included in
the Capital Projects Fund section of the report; the financing fund sec-
tions merely explain that the appropriation will be transferred to the
Capital Projects Fund.
With the passage of Charter Amendment No. 5 on April 7, 1981, Article V,
Section 10 of the Charter now provides that appropriations for capital
projects and federal or state grants shall not lapse to the applicable
general or special fund until the completion of the capital project or the
expiration of the particular grant. Reappropriations in capital project
funds and/or grant funds, therefore, will not be required after 1981.
For purposes of background information on this item, we have provided a
Glossary of Budget -Related Terms and an illustrative example of how the
capital projects are "tracked" and controlled."
Finance Director Ron Wood noted that this item and the one following were
standard kinds of procedures based on the Charter that was recently amended.
Councilwoman Reeves made a motion, seconded by Councilman Elliott, to adopt '
Ordinance No. 68, 1981 on First Reading. Yeas: Councilmembers Cassell,
Elliott, Horak, Knezovich, Kross, Reeves, and Wilmarth. Nays: None.
THE MOTION CARRIED.
Ordinance Adopted As Amended on First Reading
Appropriating Unanticipated Revenues in the
Capital Projects Fund
Following is the City Manager's memorandum on this item:
"At the time the Capital Projects Fund was established, storm drainage
capital projects were budgeted in the Storm Drainage Fund and the Seven
Year Capital Fund. In order to consolidate project budgets and include the
storm drainage capital projects in the Project Management Control System,
the following projects need to be appropriated in the Capital Projects
Fund. (These storm drainage projects were originally approved and appro-
priated in 1980 and have reappropriations to transfer to the Capital
Projects Fund.)
Additionally, the Lincoln Center has received a $10,000 contribution from
Phyllis Mattingly for the construction of a sound curtain. The contribu-
tion plus the City's share of the project needs to be appropriated in the '
Capital Projects Fund for project management and accountability.
Project
Revenue Source
Prospect & College
Seven
Year Capital Fund
$ 549
Storm Sewer-
"
Storm
Drainage Fund
23,321
$ 23,870
Riverside & Pitkin
Storm Drain
Storm
Drainage Fund
1,000
Laporte & Taft Hill
Storm Drain
Storm
Drainage Fund
15,000
Trend Cedar Village
Outfall
Storm
Drainage Fund
15,000
Allen Farm Storm
Sewer
Seven
Year Capital Fund
43,000
Unspecified Drainage In
Developed Areas
Storm
Drainage Fund
323,178
"
Seven
Year Capital Fund
105,323
428,501
Lincoln Center Sound
Curtain
Seven
Year Capital Fund
29,828
"
Donation from Phyllis
Mattingly
10,000
39,828
TOTAL
T9z-1 m
The attached ordinance appropriates the transfer of money from the financ-
ing funds and appropriates the $10,000 donation in the Capital Projects
Fund for expenditure.
Councilman Knezovich made a motion, seconded by Councilman Cassell,
to delete the "s" in revenues and amend the ordinance appropriately.
Yeas: Councilmembers Cassell, Elliott, Horak, Knezovich, Kross, Reeves,
and Wilmarth. Nays: None.
THE MOTION CARRIED.
Councilman Kross made a motion, seconded by Councilman Elliott, to adopt
Ordinance No. 69, 1981, as amended, on First Reading. Yeas: Council -
members Cassell, Elliott, Horak, Knezovich, Kross, Reeves, and Wilmarth.
Nays: None.
THE MOTION CARRIED.
149
Citizen Participation I
A. Proclamation naming the week of April 19, 1981 to April 25, 1981 as
Professional Secretaries Week and April 22, 1981 as Professional
Secretaries Day.
Charlotte Desilet, 1912 Brookwood accepted the proclamation as Presi-
dent of the Mountainview Chapter.
B. Proclamation naming the week of April 26, 1981 to May 2, 1981 as Days
of Remembrance of the Victims of the Holocaust, was directed to the
appropriate persons.
C. Proclamation naming the week of April 27, 1981 to May 3, 1981 as
Volunteer Recognition Week, was directed to the appropriate persons.
D. Proclamation naming April 30 as Beta Sigma Phi Day.
Kay McConnell, president of Fort Collins City Council of Beta Sigma
Phi, accepted the proclamation on behalf of her organization.
E. Resolution Recognizing Charles D. Bowling for Contributions to Com-
munity. ,
Mayor Wilmarth announced that Mr. Bowling could not be present and
that the presentations would be deferred.
F. Resolution Recognizing Nancy P. Gray for Contributions to Community.
Councilwoman Reeves presented former Councilmember Gray with the
Resolution and plaque recognizing her community contributions.
G. Resolution Recognizing Lloyd St. Croix for Contributions to Community.
Councilman Kross presented former Councilmember St. Croix and his wife
Bev with the Resolution and plaque recognizing his community contri-
butions.
H. Resolution Recognizing Earl Wilkinson for Contributions to Community.
Mayor Wilmarth presented former Councilmember Wilkinson with the
Resolution and plaque recognizing his community contributions.
Resolution Appointing Members to the
Downtown Development Authority, Adopted as Amended
Following is the City Manager's memorandum on this item: '
"According to state statute the Authority shall consist of between 5-11
members appointed by Council.
150
One member must be a Councilmember. Remaining members must reside, be a
business lessee, or own real property in the downtown development district.
Two members shall be appointed for terms expiring June 30, 1982 and two
members for terms expiring June 30, 1983. If the board consists of seven
or more members, two members shall be appointed for terms expiring June 30,
1984. All other members shall be appointed for terms expiring June 30,
1985.
Council will need to determine the numerical composition of the Authority,
review the applications submitted, review the nominees selected by the
Downtown Development Authority committee and then make appointments to the
Downtown Development Authority.
The applications submitted are attached for Council review. In addition,
the two letters submitting the selections of the Downtown Development
Authority committee are included."
Councilman Cassell presented the list of 11 names that the interview group
was recommending. They were:
NAME
EXPIRATION
OF TERM
Karl Carson
June
30,
1982
'
Robert Everitt
June
30,
1982
Earl Wilkinson
June
30,
1983
Thomas J. Gleason
June
30,
1983
Barbara Schofield
June
30,
1984
Ted Will
June
30,
1984
James Reidhead
June
30,
1985
Dave McCarry
June
30,
1985
Ray Dixon
June
30,
1985
Art March, Jr.
June
30,
1985
In addition, their recommendation was that Councilman John Knezovich serve
as the Council representative on the Downtown Development Authority and
that the Resolution be amended to provide for an alternate member to the
D.D.A. Their recommendation for the alternate position was Councilman
Gerry Horak.
Councilman Cassell made a motion, seconded by Councilman Horak, to adopt
this Resolution inserting the names as presented and amending Section 1 to
provide for an alternate member. Yeas: Councilmembers Cassell, Elliott,
Horak, Knezovich, Kross, Reeves, and Wilmarth. Nays: None.
THE MOTION CARRIED.
151
Resolution Setting Forth the City of
Fort Collins' Intent to Not Participate
in the Issuance of IDRB's to Finance a
Project for Airwest Helicopters, Inc.
Following is the City Manager's memorandum on this item:
"On May 31, the Council approved several Airport related items, one of which
was an inducement resolution for the future issuance by the Council of
Industrial Development Revenue Bonds to Airwest to be used for acquisition
of existing fixed base operation facilities, remodeling of those facili-
ties, and construction of a new facility for the Airwest Helicopter opera-
tion.
Subsequently, all of the parties thought Loveland might be the more appro-
priate City to pass an inducement resolution and issue the IDRB's since the
Loveland City Council would have the same Councilmembers voting on the
resolution as well as other later action required for the issuance on the
bonds. The Loveland City Council, at its first meeting in April, approved
an inducement resolution which would authorize the issuance of these
bonds. At this point then, we need to take no further action regarding this
IDRB issue and we have prepared a resolution terminating our participation
in the issue."
Councilwoman Reeves made a motion, seconded by Councilman Horak, to adopt
this Resolution. Yeas: Councilmembers Cassell, Elliott, Horak, Knezovich,
Kross, Reeves, and Wilmarth: Nays: None.
THE MOTION CARRIED.
Items Relating to Vine -LaPorte -Taft
Annexation, Approved and Accepted
A. City Clerk's Certification of Annexation Election Petition.
Resolution Making Findings Relating to a Petition for an Annexation
Election for Property Known as the Vine -LaPorte -Taft Annexation.
Resolution Setting Forth Findings of Facts and Conclusions Regarding
the Vine -LaPorte -Taft Annexation.
Following is the City Manager's memorandum on this item:
"This is a request to annex 69.6-acres known as the Vine -Laporte -Taft
Annexation. The property is generally located at the intersection of Taft
Hill Road and Laporte Avenue. Surrounding zoning and land uses are as
follows:
152
North: FA-1, County - developed lots.
South: F-M and R-L - Poudre High School, loth Green, and M & G
Subdivisions.
East: FA-1 - developed County lots.
West: FA-1 - County, Green and Irish Acres Subdivisions.
The property proposed for annexation includes a diversity of uses:
a. Over 60% of the property is vacant.
b. Eleven single-family residences are developed on generally
large lots, some with farm animals included.
c. The approved, but as yet vacant, Poudre Plains Subdivision
(22 single-family lots on 6.5-acres) is located on the northwest
corner of the property.
d. The New Mercer Ditch traverses the property.
e. One existing church.
A previous annexation request for this area was approved by the Planning
and Zoning Board by a 3-1 vote at their June 26, 1980 meeting. Due to
significant resident opposition to the annexation, City Council decided to
take no action on the proposal and moved to terminate the annexation
proceedings.
This present request before the Council incorporates much of the same area
as the previous submission, but has deleted the property owners on the
northeast portion of the plat due to their opposition to the annexation.
54.8% of the affected property owners have voluntarily signed the submitted
annexation petition. The Planning and Zoning Board considered this current
annexation request at their January 26, 1981 regular meeting and voted
unanimously to recommend approval (7-0) of the annexation.
Discussion
Developed properties are currently being provided with electric service by
Public Service Company; water service by the City, a district or by the use
of wells; and sewer service by a district or through the use of individual
septic systems.
This annexation request was prompted by
representing 54% of the land area to commi
ties. One of these properties was recen
R-1 zoning district (7,500 sq.ft. lots w
the condition that annexation occur prior
the required contiguity to be eligible for
properties along Laporte Avenue to be
petition. Annexation of developed lots
properties in the area become eligible for
153
the desire of the applicants,
ante development of their proper-
tly approved for rezoning to the
ith public water and sewer) with
to development. In order to gain
annexation, it was necessary for
included within the annexation
will be necessary before vacant
annexation to the City.
An added impetus for annexation is the desire of numerous property owners
in the area to receive City sewer service. Currently failing septic
systems are presenting problems to area property owners. As a condition
for receiving out -of -City sewer service, property owners must agree to
annexation when the City deems it necessary. Instead of receiving service
as an out -of -City resident, it would be preferable to the City, as well as
the property owners, for annexation to occur now.
Annexation of existing developed areas raises numerous issues of concern to
both affected residents and the City. A neighborhood meeting was held
between staff and affected residents to discuss a number of these issues.
To summarize, residents are most concerned over what services the City will
provide to the area and what the residents' responsibilities will be if
annexation does occur. In other words, will the City require upgrading of
the area to meet City standards or will the area be allowed to continue in
its "rural" character (i.e., without sidewalks, curbs and gutters, street
lights, etc.)?
As a result of meeting with affected residents, the City has proposed that
the above concerns be resolved in the following manner:
1. Sewer Service
Currently, the developed properties in the
area are on district,
'
City sewer, or on septic tank systems. Given the working condition of
a number of these systems and County health regulations
which govern
their use and replacement, public sewers are
probable in the area
regardless of annexation. However, the City
will not require that
property owners connect to the City sewer system
at the time of annexa-
tion. Connection will be required only when the
septic tank creates an
identifiable health hazard or when property owners in the area petition
the City for sewer service. In both instances
the City will install
as much of a sewer system as is necessary to service a particular area.
The City envisions that this might result in
sewer improvements and
connections to the sewer system being made one
street at a time. At
the time that connection to the City sewer is
made, property owners
will be assessed charges for hookups and will
pay normal City sewer
rates.
2. Water Service
Property owners in the area are currently being provided water service
by the District, the City, or by use of individual wells. It is not
certain at this time whether the City or the District will be ultimate-
ly providing water service to the annexed area.
If the City provides water service, the following .provisions will I
apply to those existing houses presently provided water:by the District
upon connection to the City's water system:
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a. A parkland fee will not be required.
b. Property owners will be exempt from the requirement to pay the
City's Water Plant Investment Fee and Water Tap.Fee.
c. Raw water rights will not be required for connection and service.
d. Property will be subject to normal service.rates and charges for
water service on the same basis as all other in -City customers.
Property owners may elect either flat -rate or metered water service.
3. Electric Service
Property owners in the area are currently being provided with electric
service by the Public Service Company. At the time of annexation, the
City will require all properties to connect to the City's electrical
system. Property owners will be exempt from any hookup charges and
will be subject to all normal service rates on the same basis as other
in -City customers.
4. Infrastructure Improvements
' The proposed annexation is bounded by Taft Hill Road, Vine Drive, and
Laporte Avenue. These roads are now County roads and have not been
improved with normal street improvements. The City anticipates the
necessity of improving all of these streets to arterial standards,
including paving, curb and gutter, sidewalks, street lights, and
bikeways. It is anticipated that such improvements will occur at the
time of development of the surrounding area, a probable three -to -five
year time frame.
The City does not anticipate making any improvements for storm drainage
at the present time. Any improvements to the area in the future would
be based on an overall storm drainage program for the entire City.
These above agreements apply only to existing structures and all new
development will be subject to all City Code requirements.
After reviewing these positions with the area residents, they are still
opposed to annexation and have submitted a petition for an annexation
election. The City Clerk and City Attorney will discuss the requirements
of such an election at the Council meeting.
Staff Recommendation
Staff recommends approval of the Vine -Laporte -Taft annexation.
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Planning and Zoning Board Recommendation
The Planning and Zoning Board at their regular meeting of January 26, 1981
recommended approval of the Vine -Laporte -Taft Annexation on a vote of
7-0 (Case No. 50-80A)."
The following persons spoke in favor of the annexation election and in
opposition to the annexation:
John Ball, 325 N. Taft Hill Road
Jerry Bucher, 324 N. Impala
Jerry Nix, petitioner, spoke in favor of the annexation. He reviewed the
history of the project, and asked Council to proceed with the election.
City Attorney Liley noted that the election would be administered by the
district court and that the estimated cost would be $1,000.
Councilwoman Reeves made a motion, seconded by Councilman Cassell, to adopt
the Resolution (Item "B"). Yeas: Councilmembers Cassell, Elliott, Horak,
Knezovich, Kross, Reeves, and Wilmarth. Nays: None.
THE MOTION CARRIED.
Councilman Cassell made a motion, seconded by Councilman Elliott, to adopt
the Resolution (Item "C"). Yeas: Councilmembers Cassell, Elliott, Horak,
Knezovich, Kross, Reeves, and Wilmarth. Nays: None.
THE MOTION CARRIED.
City Attorney's Report
City Attorney Liley reported that a work session would be held in the near
future to discuss the ordinance Council is required to adopt since the
passage of the citizen initiated Charter amendment regarding contribution
limitations.
She also reported that the Jarzyna case was being appealed to the loth
Circuit Court of Appeals. This case was a sex discrimination case in which
the City prevailed in federal district court.
City Manager's Report
City Manager John Arnold reported that staff was listing the items Council
has indicated interest in as possible work session items.
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He noted that Assistant Mayor Cassell would be passing out service pin
awards to long service City employees at the award ceremony on April
22.
Councilmember's Reports
Councilwoman Reeves reported on the upcoming COG meeting. She asked for
Council input on the car pooling/van pooling program so that the new COG
member, Gerry Horak, could indicate the Fort Collins Council's wishes.
Council consensus was that in terms of service to be done at the regional
level, the COG rather than the individual cities or counties should handle
this program.
Councilwoman Reeves noted that she and John Knezovich had attended the
airport ad hoc meeting that morning. The big issue dealt with the para-
chute club. It was determined by the committee that, because of problems
that occurred prior to Friday's accident, within a rectangular area 3 miles
by 5 miles, parachute jumping would not be allowed.
Councilman Kross reported that the Poudre Fire Authority had held a meeting
on the 16th. Several items were discussed.
1. Master planning document was submitted to the Board and was
adopted.
2. Parkland acquisition activities were discussed as in the past it
has been successful to locate fire stations adjacent to parks.
Councilman Kross noted that he had had a complete tour of the Rawhide site
by helicopter compliments of the former PRPA representative, Earl Wilkin-
son. The annual PRPA Board of Directors will be held April 30.
Councilman Kross then issued the following public statement regarding a
conflict of interest concern:
M EN O R A N D U M
TO: The Honorable Dtayor and Members of. City Council
FROM:. Burton C. Kross, Council 1`icmber
Date: April 21, 1981
Subject: Public Statement Relative to Conflict of Interest Concerns
' At 9:00 a.m., April 14, I discussed with 11r. Elery lVilmarth some of
the concerns that I shall elaborate upon in this memo. I also briefly
reviewed my concerns with some other Council I•fembers, but believe it is
appropriate to completely express my serious concerns about these matters .
at this time.
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Disclosure Requirements for Council Members. '
Chapter 8 of the City Code requires disclosure of specified business
and financial interests according to Section 8.1-B hereafter quoted:
(1) The source or sources of any income, including capital
gains, whether or not taxable, of the person making
disclosure and such person's spouse.
(2) Any financial interest in excess of ten thousand dollars
($10,000) in any.business entity.
(3) The legal description of any interest in real property
held or acquired for the purpose of resale at a profit
owned by the person making disclosure or such person's
spouse.
(4) The identity, by name, of all offices and directorships
held by the person making disclosure and such person's
spouse.
(5) The name of each creditor to whom the person making
disclosure or such person's spouse owes money in excess
of ten thousand dollars ($10,000).
(6) A list of businesses with which the person making disclosure, '
or such person's spouse, are associated that do business
with or are regulated by the City of Fort Collins and the
nature of such business or regulation.
(7) Such additional information as the person making disclosure
might desire.
Section 8-1., F. further indicates that "any person who willfully
files a false or incomplete disclosure statement ... shall be guilty of
a violation of the ordinances of the City of Fort Collins, punishable as
a misdemeanor..."
An official public document filed in Larimer County District Court
relative to the Choicecare Health Services, Inc. case describes the
financial and business transactions between Mr. Elery Wilmarth and a
partner, Mr. Donald B. Wells, and the Choicecare organization. The
Report to the Court was prepared by Mr. Arthur P. Roy, Attorney for the
Receiver, EU was Tiled May 9, 1980. A copy of the report is attached.
On pages 6 and 7 of that document a lease arrangement, promisory
note, and deed of trust between Wells-Wilmarth and Choicecare is described
as being in effect commencing February 1, 1978 (but executed December '
28, 1978). These arrangements subsequently were terminated and a
settlement reached during 1980.
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' The Disclosure Statements filed by Mr. Wilmarth with the City Clerk
dated February 27, 1979; April 4, 1979; June 11, 1979; and May 16, 1980
do not list the transactions with Choicecare under any disclosure
category: 1.) Sources of Income, 3.) Real Estate (held for resale), or
S.) Debts (over $10,000).
An explanation of the discrepancy between these two public documents
relative to Mr. Wilmarth's financial interest with Choicecare and reasons
for the apparent non -disclosure of a significant business transaction
are requested. In addition, an amended Disclosure Statement would be
desirable to correct the record.
Conflict of Interest.
Disclosure Statements filed by City Council Members and other
public officials ate only one mechanism for the public to be assured
that policy makers are not acting in situations of conflict of interest.
However, the strongest mechanism for avoiding conflict of interest is
the individual integrity of the policy maker. Each elected official
assumes a responsibility to identify actual or perceived situations of a
conflict .of interest and to excuse oneself from deliberating the issue.
In late 1979 the City of Fort Collins learned that the Choicecare
organization was going out of business. The City Attorney's staff began
' following the situation and on March 24, 1980, considered joining a
lawsuit against Choicecare that had been filed by Hewlett-Packard Company
(see Coloradoan article dated March 24, 1980). Minutes of a Work Session
held on March 2S, 1980, indicate that "Councilman Wilmarth then inquired
into a recent article which indicated the City might join in a suit
against Choicecare." Since I was not at the Work Session, I do not
know the substance of Mr. Wilmarth's questions and discussion. Other
correspondence to City Council dated March 28, 1980, and April 8, 1980,
from the City Attorney indicates that direction would be sought from
Council about April 1S, 1980. I believe that City Council discussed
Choicecare legal matters in Executive Session during this period, but no
public minutes exist. P re hams the City Clerk can provide information
about these executive sessions from the official record. On May 22,
1980, I attended a meeting of the Mayor and Assistant Mayor (minutes
attached) where Mr. Wilmarth relayed the substance of a private talk
with Judge Dressel relative to Choicecare and he asked the City Attorney
to "write the Receiver suggesting partial distribution of the assets to
the hospital to help the cash flow." To the best of my knowledge,
during this time period, Mr. Wilmarth did not disclosehis personal
interest in the Choicecare organization to the Council or the public,
nor did Mr. Wilmarth excuse himself, which is the custom for a conflict
of interest situation, from Council discussion or deliberations of
Choicecare legal strategies.
159
City employees were covered by the Choicecare insurance program and
as employer, the City of Fort Collins, had an obligation to back its ,
employees in this matter. Although the city did not have direct liability,
City employees were financially at risk. It is undoubtedly a complex
legal matter whether any action taken by Council or Mr. Wilmarth individually
could have adversely affected the ultimate court dictated settlements to
employees of the City of Fort Collins. No votes of City Council were
recorded relative to Choicecare legal strategies. Since there was no
public disclosure by Mr. Wilmarth's of his interest in Choicecare per
Chapter 8 of the Code and Mr. Wilmarth did not voluntarily excuse himself
from Council discussion, it was not possible for other Council Members
or the public to weigh a probable conflict of interest situation.
Mr. Wilmarth indicated to me that the timing of Council discussions
about Choicecare and his financial interests in Choicecare was a key
factor in determining a conflict of interest in this matter. I request
that Mr. Wilmarth prepare a detailed scenario of the events and dates
of actions which led to his complete divesting of interest in the
Choicecare organization. The Report to the Court, page 16, states that
the settlement 'offer was acceptte __y77E eleceivership on April 17, 1980
and was reduced to a contract and approved by the Court on April 25,
1980." Clearly some City Council deliberation, at which Mr. Wilmarth
was present, about the Choicecare legal matter occurred prior to April
25, 1980.
The issue of timing enters into another aspect of this situation.
According to the Report to the Court Mr. Wilmarth should have received a '
$30,000 settlement rom Te Choicecare receiver in early May, 1980; only
a few days prior to Mr. Wilmarth filing a disclosure Statement (dated
May 16, 1980) reporting "that there have been no substantial changes
since my previous statement..."
City Council Members Conducting Business With City.
During this past election a city council candidate attended a
regular meeting and asked for Council Member opinions about whether he
would be in a position of conflict of interest an or violation of the
Charter if he were a Council Member and the engineering consulting firm
by which he was employed continued to do work with the city or represent
clients at city meetings/hearings. Six Council Members expressed their
opinion that a conflict of interest situation would likely exist. Mr.
iL��r_th's opinion was that the decision about a conflict of interest
situation was strictly the individuals and he would not offbr an opinion.
The council candidate subsequently withdrew from the race prior to the
election.
During the past year attorneys from the law firm Fischer $ Wilmarth
have represented clients in municipal court. I met with Municipal Judge
Tobin on April 17, 1981, to discuss this matter. Judge Tobin indicated '
that Mr. Gene Fischer had practices in his court once during the past
160
year and that Mr. Stephen Howard, associate of the firm Fischer and
Wilmarth, had represented clients in municipal court probably about
' twenty times in the past year. Judge Tobin indicated that he had not
felt any pressure whatsoever because Mr. Wilmarth was on City Council.
Further, Judge Tobin felt that the number of cases handled by Mr. Wilmarth's
associate in municipal court were about the same number as any other law
firm of similar size in Fort Collins.
As you know, City Council appoints the municipal judge and City
Attorney (whose staff members serve as prosecutors in municipal court).
City Council also establishes budgets for the city police department
(whose staff members frequently testify in municipal court). Prosecuting
attorneys and police department personnel have expressed some "uneasiness"
that members of Mr. Wilmarth's law firm are practicing in municipal
court. In one specific case Mr. Fischer sent correspondence to Mr.
Ralph Smith, Police Chief, and.Officer Greg With, City policy department,
relative to a case involveing a Fischer family member. Copies of this
correspondence are attached. In Mr. Fischer's letter dated August 24 it
states that if the jury found the defendent to be innocent, 'Ve intend
to proceed against the Officer as well as the City of Fort Collins for
malicious abuse of prosecution. From the tone of these exchanges of
correspondence written on the letterhead of the firm Fischer 6, Wilmarth
I have little doubt that the city police officer involved was "uneasy,"
to say the least.
I believe Mr. Wilmarth is aware of this "uneasiness" but has chosen
to allow his firm to continue, in my opinion, to indirectly do business
' with the City of Fort Collins, which may be a violation of the Charter
or certainly a violation of the Code of Ethics for the legal profession.
Formal opinions by the Ethics Committee on the Colorado Bar Association
adopted March 26, 1960, (Number 14) and January 20, 1961, (Number 18)
clearly indicate that "It is also improper for a member or associate of
the firm of which the city councilman is a member to act as an attorney
. on behalf of a defendent who is charged with a violation of a city
ordinance in the municipal court of that city." Copies of these two
opinions are attached.
Unlike. Mr., Wi Imarth, I believe the City Council has the right and
responsibility for policing itself relative to conflict of interest or
Charter violation matters, independent of whether the individual member
believes himself to be in conflict. I request that the City Council
consider the specifics of this situation and determine if a conflict of
interest or Charter violation exists.
City Council Procedures for Handling Conflict of Interest Matters
In addition to providing leadership at meetings and certain
ceremonial functions, the Mayor has traditionally been responsible for
determining situations of conflict of interest, informing the Council
' Member involved and the Council as a whole, and generally resolving
conflict of interest issues. This latter function of the Mayor is
critical to maintaining integrity and public confidence for the entire
City Council.
161
Traditionally, issues relative to conflict of interest were handled I
procedurally as follows:
1. A concern relative to conflict of interest which was raised
.by the public, city staff, or individual Council Member was
referred to the Mayor for disposition.
2. If the conflict of interest situation had merit as.deterndned
by the Mayor, the Mayor would discuss the matter with the
involved Council Member, City Manager, or City Attorney. The
Mayor would then report the matter and its resolution to the
entire Council.
3. If an individual Council Member perceived himself or herself
to be in a conflict of interest position, that Member would
ask to be excused before any discussion, presentation, or vote
relative to the issue was held by the Council at public or
executive sessions. The general practice was to physically
leave the Council chambers during the insuing Council discussions.
I would like to request that Mayor Wilmarth provide to the Council
his perspective about his role in future conflict of interest matters
and the procedures that will be followed by Council relative to conflict
of interest under his regime. Given the previous examples that I have
cited, I am seriously concerned about the Mayor's judgement in handling '
future conflict of interest matters.
In conclusion I would like to state that I have filed a formal
request to the Grievance Committee of the Colorado Bar :Association to
evaluate the issues raised in this memo.
cc: City Manager
City Attorney/City Clerk
Municipal Judge
Mayor Wilmarth made brief comments in response to Council Kross' statement
and then excused himself from the meeting. He noted that the Choice Care
issue had been thoroughly discussed in the newspapers and stated he would
have a report of his own at a later date. He then excused himself and
Assistant Mayor Cassell assumed the chair of the meeting.
Assistant Mayor Cassell asked Councilman Kross what action he was request-
ing from the Council.
Councilman Kross replied that he felt it was appropriate to give Mayor
Wilmarth an opportunity to read, digest and respond to the questions raised
by his statement. He added that it would be inappropriate to take any
action relative to Charter violations or any other action without a res-
ponse from Mayor Wilmarth.
162
1
City Attorney Liley stated that there was no written conflict of interest
policy to guide the Council but as a general rule, the staff has operated
on the principle that conflicts of interest are brought to the Mayor for
resolution.
Assistant Mayor Cassell proposed a meeting of himself, Mayor Wilmarth, the
City Manager and City Attorney and bring a report back to Council as soon
as possible, perhaps the April 28th Work Session.
Councilmembers agreed and requested that all Councilmembers be provided
with any written materials pertaining to this issue.
Councilman Kross suggested special counsel should be obtained in resolving
the issue as it puts the City Attorney in a difficult position.
City Attorney Liley agreed but noted that she had no difficulty in answer-
ing Council questions or providing information. In terms of making a
determination of an actual Charter violation and bringing charges she added
that she felt that put the City Attorney's office in an impossible situa-
tion in terms of continuing to represent all the City Councilmembers.
Councilman Kross suggested the meeting be adjourned to April 28th at 2:00
p.m. in the event an Exeuctive Session is needed.
Mayor Wilmarth returned at this point and reports from other Councilmembers
continued.
Councilman Elliott stated that he had met with the Poudre Fire Authority in
a work session and found the session informative.
Mayor Wilmarth asked that a proclamation be prepared naming the week of May
4 to May 8 as Senior Citizens Week to be presented at the opening cere-
monies on May 4.
He then noted that the Council was invited to the South College King
Soopers store on the 29th of April to see a demonstration on scanning, a
computerized pricing device.
Adjournment
Mayor Wilmarth asked if it was the consensus of the Council to adjourn to
April 28th. He then excused himself.
Councilman Kross made a motion, seconded by Councilwoman Reeves to adjourn
the meeting to April 28 at 2:00 p.m. Yeas: Councilmembers Cassell,
Elliott, Horak, Kross, and Reeves. Nays: Councilman Knezovich (Wilmarth
withdrawn).
163
a
THE MOTION CARRIED.
The meeting adjourned at 9:25 p.m.
1V�1_��1cIV ��—
C y Clerk�
Mayor
164