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HomeMy WebLinkAboutMINUTES-10/20/1998-RegularOctober 20,1998 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council -Manager Form of Government Regular Meeting - 6:00 p.m. A regular meeting of the Council ofthe City ofFort Collins was held on Tuesday, October 20, 1998, at 6:00 p.m. in the Council Chambers of the City of Fort Collins City Hall. Roll Call was answered by the following Councilmembers: Azari, Bertschy, Byme, Kneeland, Mason and Smith. Councilmembers Absent: Wanner. Staff Members Present: Fischbach, Krajicek, Roy. Citizen Participation Lewis Lachman, 1212 Raintree Drive, chairman of the event, read a statement expressing appreciation to all participants and contributors of the AARP Frauds and Scams Conference. JerryKrygier, 2734 Hinkley Drive, expressed concerns regarding the legal construction ofthe human rights ordinances and asked Council to comment one more time prior to the election. Mary Zenzen, 3030 West Prospect Road, expressed concerns about certain sections of the human rights ordinances affecting privacy and personal safety. Dan Banuelos, 110 South Shields Street, opposed the human rights ordinances and expressed a concern that the Council vote of 7-0 does not reflect all community views. Dan Nordhues, 1537 Bayberry Circle, opposed the human rights ordinances and spoke concerning the constitutional right to free speech. Al Anderson, Fort Collins property owner, spoke concerning Council's 7-0 vote on the human rights ordinances. Citizen Participation Follow-up Councilmember Smith spoke concerning the importance of the information presented at the AARP Frauds and Scams Conference and commented regarding the need for the human rights ordinances and the nature of representative government. 327 October 20, 1998 Councilmember Mason spoke regarding the unanimous vote on the human rights ordinances and previous discussions concerning the constitutionality of the ordinances. Councilmember Kneeland commented regarding the two years of study and work on the human rights ordinances prior to the 7-0 vote and spoke in support of the ordinances. Councilmember Byme spoke concerning the history of the issue and stated he continues to support the human rights ordinances. Councilmember Bertschy spoke concerning the process for development of the human rights ordinances, commented concerning the emotional nature ofthe issue, and encouraged people to vote. City Attorney Roy noted that when an item is on the ballot, state law limits the extent to which City or other governmental resources can be put behind a measure to urge people to vote one way or another; however, the law does allow Councilmembers to express their personal opinions and staff to respond to questions. He stated that the City Attorney's Office is responsible, under the Charter, for drafting all ordinances, and in response to a request from the Human Relations Commission and later in response to direction from the Council Health and Safety Committee and the City Council, staff prepared the two ordinances. He responded to several questions posed during Citizen Participation and stated that he is available to respond to any specific questions concerning the ordinances. Mayor Azari spoke concerning the contentious nature of civil rights issues, commented regarding the 7-0 vote, and stated that the matter is now in the hands of the voters. Agenda Review City Manager Fischbach stated that were no changes to the printed agenda. CONSENT CALENDAR 7. Second Reading of Ordinance No. 170, 1998, Amending Section 28-17 of the City Code Relatingto o Bicyclists Riding on Recreational Trails. The City's Model Traffic Code requires bicyclists, when riding on a sidewalk or a crosswalk, to yield the right-of-way to pedestrians and to give an audible signal before overtaking and passing pedestrians. There is no comparable provision in the City Code that imposes these requirements on bicyclists using the City's recreational trails. Ordinance No. 170, 1998, was unanimously adopted on First Reading on October 6, 1998 and extends these requirements to bicyclists using the City's recreational trails. 328 October 20, 1998 8. Items Relating_ to Long -Term Leases of Aircraft Hangers at the Fort Collins -Loveland Airport. A. Second Reading of Ordinance No. 171, 1998, Authorizing the Mayor to Enter into a Lease Agreement for a Lot at the Fort Collins -Loveland Municipal Airport to Mountain Capital Markets, Inc. for the Construction of an Aircraft Hangar (Site A). B. Second Reading of Ordinance No. 172, 1998, Authorizing the Mayor to Enter into a Lease Agreement for a Lot at the Fort Collins -Loveland Municipal Airport to Mountain Capital Markets, Inc. for the Construction of an Aircraft Hangar (Site B). The Airport Managerhas negotiated two leases ofpropertyto Mountain Capital Markets, hic. for the construction of two aircraft hangars. The hangars will provide at least 5,400 square feet of aircraft storage space. At the expiration of the lease, the improvements revert to the ownership of the Cities. Ordinance No.'s 171 and 172, 1998 were unanimously adopted on First Reading on October 6, 1998. 9. Second Reading of Ordinance No. 173, 1998, Appropriating Unanticipated Revenue in the Minor Streets Capital Project Fund to be used for Upgrading the Crossing Warning Devices at the North Lemav Avenue and Burlington Northern Santa Fe Railroad Crossingr The City applied for and received Federal ISTEA funds to pay for 100% of the cost to upgrade the crossing warning devices. Ordinance No. 173, 1998 was unanimously adopted on First Reading and appropriates the $90,700 in federal funds budgeted for the project in the City's Minor Streets Capital Fund. 10. Second Reading of OrdinanceNo. 174,1998, Rezoning 12.871 Acres, Known as the Warren Farm Rezoning into the MMN- Medium Densi1yMixed Use Nei ghborhoodZoning District. Ordinance No. 174, 1998, which was unanimously adopted on First Reading on October 6, 1998, rezones 12.871 acres located at the northeast corner of West Horsetooth Road and future Meadowlark Avenue (extended). The property is currently undeveloped and is in the LMN - Low Density Mixed Use Neighborhood Zoning District. The requested zoning for this property is MMN - Medium Density Mixed Use Neighborhood. The surrounding properties are zoned LMN - Low Density Mixed Use Neighborhood (to the north), C - Commercial (to the east), LMN - Low Density Mixed Use Neighborhood (to the west), and C - Commercial (to the south). 329 October 20, 1998 APPLICANT: The Cumberland Companies c/o Nuszer Kopatz Urban Design Associates 1129 Cherokee Street Denver, CO 80204 OWNER: Eric Golting 10700 East Bethany Drive, Suite 200 Aurora, CO 80014-2625 11. Second Reading of Ordinance No. 175, 1998, Appropriating Prior Year Reserves and Unanticipated Revenue in Various Funds and Authorizing the Transfer of Appropriated Amounts Between Funds. The purpose of this item is to combine dedicated revenues or reserves that need to be appropriated before the end of the year to cover the related expenses that were not anticipated and, therefore not included in the 1998 budget. The unanticipated revenue is primarily from fees, charges, rents, contributions and grants that have been paid to city departments to offset specific expenses. Prior year reserves are primarily being appropriated for operation expenses from reserves that are set aside for that purpose. This Ordinance, which was unanimously adopted on First Reading on October 6, 1998, appropriates prior year reserves and unanticipated revenue in various City funds, and authorizes the transfer of appropriated amounts between funds. 12. Second Reading of Ordinance No. 176, 1998, Changing the Name of the Development Impact Fee Rebate Program to the Development hnpact Fee Offset Program. One of the programs established by the City of Fort Collins to promote the development of affordable housing units inside the city limits is known as the Development Impact Fee Rebate Program. This program provides a partial rebate to an affordable housing developer of the impact fees paid to the City, other governmental entities, and/or special purpose utility districts. Currently, the amount of per unit rebate is based on a graduated scale dependent upon the commitment of the developer to provide units as certain income levels, with higher rebates given for housing units reserved for lower income families. This Ordinance was unanimously adopted on First Reading on October 6, 1998. 09111 October 20, 1998 13. First Reading of Ordinance No. 184, 1998, Appropriating Federal Grant Revenue and Authorizing the Transfer of&propriations Between Projects in the Transportation Services Fund for the Operation of the North Front Range Transportation & Air Quality Planning Council's 1998-1999 Metropolitan Planning Organization Administration Program Year. The North Front Range Transportation & Air Quality Planning Council (NFRT&AQPC) is the regional Metropolitan Planning Organization. The administration/program budget for NFRT&AQPC is funded with federal transportation program dollars administered by the Colorado Department of Transportation (CDOT) based on the federal fiscal and program year of October 1, 1998 to September 30, 1999. This period does not correspond to the City's calendar year appropriation time frame, and this time differential causes some accounting and budget management problems. The Council's approval of this Ordinance will enable staff to more consistently manage and track the NFRT&AQPC's budget and expenditures. The proposed budget and appropriation for the 1998-1999 program year is $491,894 for administration of the NRFT&AQPC. 14. First Reading of Ordinance No. 185, 1998, Appropriating Unanticipated Revenue in the General Fund for the Community Mediation Program. This Ordinance appropriates $25,098 in unanticipated revenue for the Community Mediation Program. The funds will be used by the Neighborhood Resources Office to continue operating a free dispute resolution service for citizens of Fort Collins. 15. First Reading of Ordinance No. 186, 1998, Authorizing the Issuance of City of Fort Collins Colorado Highway Users Tax Revenue Refunding Bonds, Series 1998, Dated November 1, 1998 in the Aggregate Principal Amount of $3 395 000; for the Purpose of Refunding the City's Highway Users Tax Revenue Bonds, Series 1992, and Pledging the Revenue Distributed to the Cityfrom the State's Highway Users Tax Fund to Pay the Principal of and Interest on the Bonds. The City issued the Highway User Tax Revenue Bonds in 1992 to construct the street maintenance facility on Lemay Avenue. When the bonds were issued the interest rate was 6.5%. The market rates for high quality municipal bonds have decreased dramatically in recent months making it possible to refinance the bonds to achieve savings. The current estimate of savings is $114,000, or 3.5% of the outstanding issue. When the bonds were issued in 1992, they were secured by a debt service reserve amount of $356,055. The reserve fund can be replaced with an insurance policy called a surety bond. This would free up the reserve amount for a variety of capital improvements. The proceeds from the refinancing will be used for capital improvements at the street maintenance facility. The major improvement will be the de-icing materials storage facility. 331 October 20, 1998 16. First Reading of Ordinance No. 187, 1998, Appropriating Unanticipated Revenue in the Flood Recovery Fund. On July 28, 1997, the City of Fort Collins sustained severe damage due to flooding along the Spring Creek drainage way. Several emergency situations developed throughout Fort Collins requiring overtime hours to be worked by the Poudre Fire Authority and City staff. The estimated damage to City facilities was determined to be $2.6 million. The City appropriated $2.5 million of its emergency reserve to meet the costs of the flood response and the repair of public facilities. The Federal Emergency Management Administration, the City's insurance carrier, and the State of Colorado have reimbursed $1,305,627 to the City for some of the costs that have been incurred. This Ordinance appropriates $1,107,565 of the money received. $150,000 of the money received will be used to reimburse the emergency reserve account. Other portions of the money is being appropriated to cover unexpected costs of flood recovery including some project repairs that are higher than originally estimated and costs of legal assistance directed by the City Council. 17. First Reading of Ordinance No. 188, 1998, Amending Section 28-17 of the City Code Relating to When Authorized Emergency Vehicles are Required to Use Flashing Lights and Siren in Order to be Exempt From Certain Traffic Regulations as Provided in the "Model Traffic Code for Colorado Municipalities," 1977 Edition. Because the City's MTC and the State's Traffic Code are in conflict concerning whether an emergency vehicle must use both its visual and audible signals to be exempt from complying with these traffic regulations, a certain amount of confusion is created for drivers of emergency vehicles because the City's MTC will control on the City's local streets, since the City is a home rule municipality, while the State's Traffic Code will control on State highways, such as College Avenue. Therefore, the drivers of emergency vehicles must always be aware of where they are in determining whether they are required to use both their visual and audible signals or only need to use one of these signals. Because this confusion exists and since there are many circumstances for emergency response and law enforcement purposes when it is beneficial for emergency vehicles to be able to use only one of these signals, this Ordinance is being presented to Council to eliminate the conflict between the City's MTC and the State's Traffic Code. This Ordinance accomplishes this by amending MTC Sections 4-8 and 21-7 to provide, like the State's Traffic Code, that emergency vehicles responding to emergencies are only required to use either visual or audible signals. 332 October 20, 1998 18. First Reading of Ordinance No. 189, 1998, Amending Ordinances Previously Approving Development Impact Fee Rebates for Advanced Energy Industries, Inc., and Symbios Logic, Inc to Eliminate Rebate of Building Permit and Plan Review Fees. In 1994, when City Council took action to modify the previous Development Fee Waiver Program, and convert the program to a rebate of fees, one additional change was authorized during the Council discussion. This change involved removing the non -impact -related fees from consideration for rebate. This included the building permit and plan review fees. While this action seemed clear at the time, some time elapsed from the adoption of the revised program, and the focus of the change was inadvertently lost in translation. When the Advanced Energy and Symbios projects came forward in 1995 and 1996, respectively, staff continued to process the rebate as the waiver had been processed in the past, that is, including the building permit and plan review fees. Recently, when staff began working on a development fee rebate request from Hewlett Packard, the error of including the two fees in the prior projects came to staff s attention. This Ordinance corrects the prior errors. 19. First Reading of Ordinance No. 190, 1998, Designating the George Wolfer House and Garages 1400 West Oak Street, as a Historic Landmark Pursuant to Chapter 14 of the City Code. The owners of the property, Thomas R. Burkot and Patricia M. Graves, are initiating this request for Local Landmark designation for the George Wolfer House and Garages. The buildings are significant for both their architectural and historical importance. Thehouseand garages are good examples of Craftsman architecture and retain excellent physical integrity. They are also historically significant for their association with George Wolfer. 20. First Reading of Ordinance No. 191, 1998, Designating the Humphrey/Davis House, 231 South Howes Street as a Historic Landmark Pursuant to Chapter 14 of the City Code. The owner of the property, Stephen Slezak, is initiating this request for Local Landmark designation for the Humphrey/Davis House. The building is eligible for Local Landmark designation for both its architectural and historical importance to Fort Collins. It is a nice example of an Italianate middle class residence in Fort Collins, with very good integrity. It is also significant for its historical associations as the residence of Captain Harry Humphrey, director of the Military Department at Colorado Agricultural College, and as the residence of Adelia Davis, Fort Collins' first registered woman pharmacist. 333 October 20, 1998 21. First Reading of Ordinance No. 192, 1998, Designating the Ralph House, 641 Remington Street as a Historic Landmark Pursuant to Chapter 14 of the City Code. The owners of the property, Joseph and Carolyn Knape, are initiating this request for Local Landmark designation for the Ralph House. The building is eligible for Local Landmark designation for both its architectural and historical importance to Fort Collins. It is a nice example of a Craftsman bungalow style residence in Fort Collins, with good integrity. It is also significant for its historical associations as the parsonage for the First United Presbyterian Church. The building is a contributing structure to the Laurel School National Register District. 22. First Reading of Ordinance No. 193, 1998, Designating the Buildings, Structures and Land, known as the Preston Farm Historic District, 4605 South County Road 9, as a Historic Landmark Pursuant to Chapter 14 of the Cites The owners of the property, David and Patricia Lawser, are initiating this request for Local Landmark designation for the Preston Farm. The farm is eligible for Local Landmark designation for both its architectural and historical importance to Fort Collins, and is eligible for individual listing on the National Register of Historic Places under criteria A and C. 23. First Reading of Ordinance No. 194, 1998, Desi iga ating the Rush and Jean C. Locke House, 719 East Prospect Road as a Historic Landmark Pursuant to Chapter 14 of the City Code. The owner of the property, Carl J. Kneese, is initiating this request for Local Landmark designation for the Rush and Jean C. Locke House. The building is significant for its architectural style. It is an interesting example of the English Revival style, with unusual cladding. 24. Resolution 98-145 Adopting Certain Amendments to the Downtown Development Authority Bylaws. The Downtown Development AuthorityBoard of Directors has adopted some changes to the DDA bylaws subject to City Council approval. These changes are primarily housekeeping in nature. 25. Resolution 98-146 Authorizing an Intergovernmental Agreement with Boulder County's Longs Peak Energy Conservation Program for Administration of the City's REACH (Residential Energy Assistance through Community Help) Program. In 1984, Fort Collins Light and Power started the REACH (Residential Energy Assistance through Community Help) Program. This program is a free service for Fort Collins residents meeting income guidelines. Customers of the City of Fort Collins Utilities support REACH 334 October 20, 1998 by adding voluntary contributions to their City utility payments. Contributions are used to weatherize homes, saving energy and money and improving comfort for residents. This is in direct support of City Council goals over many years to encourage energy efficiency. This Resolution authorizes an intergovernmental agreement with Longs Peak Energy Conservation, a division of Boulder County, to provide services for the REACH program. Weatherization expenses are limited by the agreement to no more than $10,000 per year. 26. Resolution 98-147 Making Appointments to the Senior Advisory Board and the Transportation Board. A vacancy currently exists on the Senior Advisory Board due to the resignation of Ed Johnson. Applications were solicited and Mayor Azari and Councilmember Kneeland conducted interviews. The Council interview team is recommending that James Watt be appointed to fill the vacancy with a term to begin immediately and to expire on June 30, 1999. A vacancy also currently exists on the Transportation Board due to the resignation of Donn Hopkins. Councilmembers Byrne and Mason reviewed the applications on file and are recommending that Bruce Henderson be appointed to fill the vacancy with a term to begin immediately and to expire on June 30, 1999. Items on Second Reading were read by title by City Clerk Wanda Krajicek. 7. Second Reading of Ordinance No. 170, 1998, Amending Section 28-17 of the City Code Relatingto o Bicyclists Riding on Recreational Trails. 8. Items Relating to Long -Term Leases of Aircraft Hangers at the Fort Collins -Loveland Airport. A. Second Reading of Ordinance No. 171, 1998, Authorizing the Mayor to Enter into a Lease Agreement for a Lot at the Fort Collins -Loveland Municipal Airport to Mountain Capital Markets, Inc. for the Construction of an Aircraft Hangar (Site A). B. Second Reading of Ordinance No. 172, 1998, Authorizing the Mayor to Enter into a Lease Agreement for a Lot at the Fort Collins -Loveland Municipal Airport to Mountain Capital Markets, Inc. for the Construction of an Aircraft Hangar (Site B). 9. Second Reading of Ordinance No. 173, 1998, Appropriating Unanticipated Revenue in the Minor Streets Capital Proiect Fund to be used for Up rg ading the Crossing Warning Devices at the North Lemay Avenue and Burlington Northern Santa Fe Railroad Crossing. 335 October 20, 1998 10. Second Reading of Ordinance No. 174,1998, RezoninP 12.871 Acres, Known as the Warren Farm Rezoning into the MMN- Medium DensityMixedUse Neighborhood Zoning District. 11. Second Reading of Ordinance No. 175, 1998, Appropriating Prior Year Reserves and Unanticipated Revenue in Various Funds and Authorizing the Transfer of Appropriated Amounts Between Funds. 12. Second Reading of Ordinance No. 176, 1998, Changing the Name of the Development Impact Fee Rebate Program to the Development Impact Fee Offset Program. 30. Items Relating to the Choice Streets System Comprehensive Program. A. Second Reading of Ordinance No. 177,1998, Amending the Land Use Code and the Transitional Land Use Regulations Pertaining to Development Construction Permits and Construction Inspection Fees. B. Second Reading of Ordinance No. 178, 1998, Amending the Transitional Land Use Regulations by the Addition of Two New Sections to Be Numbered Sections 29-13 and 29-14, Amending Sections 2.2.3, 3.3.1 and 3.3.2 of the Land Use Code, and Amending the "Design and Construction Criteria, Standards and Specifications for Streets, Sidewalks, Alleys and Other Public Ways", All of Which Amendments Pertain to Extended Guarantee and Bonding Requirements for Developers. C. Second Reading of Ordinance No. 179, 1998, Amending the "Design and Construction Criteria, Standards and Specifications for Streets, Sidewalks, Alleys and Other Public Ways" Pertaining to Street Repairs and Reconstruction. D. Second Reading of Ordinance No. 180, 1998, Amending Chapters 15, 24 and 26 of the City Code Relating to Right -of -Way Contractors Licenses. E. Second Reading of Ordinance No. 181,1998, Amending Chapter 23, Article H of the City Code Pertaining to Excavations on Public Property and Amending Chapter 7.5 of the City Code by the Addition of a New Article IV for the Purpose of Revising and Establishing Certain Fees for Permission to Excavate Streets. F. Second Reading of Ordinance No.182,1998, Amending Chapter 24 ofthe City Code by the Addition of a New Section 24-97 and Amending the "Design Construction Criteria, Standards and Specifications for Streets, Sidewalks, Alleys, and Other Public Ways" by Adding a New Section 1.03 and by the Addition of a New Appendix "A", All of Which Additions and Amendments Pertain to Policies and Standards for Maintenance to and Improvements of Annexed Streets and Infrastructure. 336 October 20, 1998 G. Second Reading of Ordinance No. 183, 1998, Amending Chapter 24 of the Code of the City, the Land Use Code and the "Design and Construction Criteria, Standards and Specifications for Streets, Sidewalks, Alleys and Other Public Ways" Regarding Regulations Pertaining to Private Streets and Private Drives. Items on First Reading were read by title by City Clerk Wanda Krajicek. 13. First Reading of Ordinance No. 184, 1998, Appropriating Federal Grant Revenue and Authorizing the Transfer of Appropriations Between Projects in the Transportation Services Fund for the Operation of the North Front Range Transportation & Air Quality Planning Council's 1998-1999 Metropolitan Planning Organization Administration Program Year. 14. First Reading of Ordinance No. 185, 1998, Appropriating Unanticipated Revenue in the General Fund for the Community Mediation Program. 15. First Reading of Ordinance No. 186, 1998, Authorizing the Issuance of City of Fort Collins Colorado Highway Users Tax Revenue Refunding Bonds, Series 1998, Dated November 1, 1998 in the Aggregate Principal Amount of $3 395 0M for the Purpose of Refunding the Citv's Highway Users Tax Revenue Bonds, Series 1992, and Pledging the Revenue Distributed to the City from the State's HighwavUsers Tax Fund to Pay the Principal of and Interest on the Bonds. 16. First Reading of Ordinance No. 187, 1998, Appropriating Unanticipated Revenue in the Flood Recovery Fund. 17. First Reading of Ordinance No. 188, 1998, Amending, Section 28-17 of the City Code Relating to When Authorized Emergency Vehicles are Required to Use Flashing Lights and Siren in Order to be Exempt From Certain Traffic Regulations as Provided in the "Model Traffic Code for Colorado Municipalities," 1977 Edition. 18. First Reading of Ordinance No. 189, 1998, Amending Ordinances Previously Approving Development Impact Fee Rebates for Advanced Energy Industries, Inc., and Symbios Logic, Inc. to Eliminate Rebate of Building Permit and Plan Review Fees. 19. First Reading of Ordinance No. 190, 1998, Designating the George Wolfer House and Garages 1400 West Oak Street as a Historic Landmark Pursuant to Chapter 14 of the City Code. 20. First Reading of Ordinance No. 191, 1998, Designating the Humphrey/Davis House, 231 South Howes Street, as a Historic landmark Pursuant to Chapter 14 of the City Code. 337 October 20, 1998 21. First Reading of Ordinance No. 192, 1998, Designating the Ralph House, 641 Remington Street as a Historic Landmark Pursuant to Chapter 14 of the City Code. 22. First Reading of Ordinance No. 193, 1998, Designating the Buildings, Structures and Land, known as the Preston Farm Historic District, 4605 South County Road 9, as a Historic Landmark Pursuant to Chapter 14 of the City Code. 23. First Reading of Ordinance No. 194, 1998, Designating the Rush and Jean C. Locke House, 719 East Prospect Road as a Historic Landmark Pursuant to Chapter 14 of the City Code. Councilmember Smith made a motion, seconded by Councilmember Bertschy, to approve and adopt all items on the Consent Calendar. The vote on the motion was as follows: Yeas: Councilmembers Azari, Bertschy, Byrne, Kneeland, Mason and Smith. Nays: None. THE MOTION CARRIED. Consent Calendar Follow -Up Councilmember Bertschy noted that item# 17 First Reading ofOrdinance No. 188, 1998,Amending Section 28-17 of the City Code Relating to When Authorized Emergency Vehicles are Required to Use Flashing Lights and Siren in Order to be Exempt From Certain Traffic Regulations as Provided in the "Model Traffic Codefor Colorado Municipalities, " 1977 Edition applies to bicyclists on recreational trails. Councilmember Mason commented that item #16 First Reading of Ordinance No. 187, 1998, Appropriating Unanticipated Revenue in the Flood Recovery Fund highlights the need to change the way we do development in the floodplains. Councilmember Mason spoke concerning the significance of item #22 First Reading of Ordinance No. 193, 1998, Designating the Buildings, Structures and Land, known as the Preston Farm Historic District, 4605 South County Road 9, as a Historic Landmark Pursuant to Chapter 14 of the City Code in preserving a part of the City's agricultural history in a rapidly developing area. Councilmember Reports Councilmember Byme reported on a tour of Gateway Park and water and wastewater treatment facilities. Councilmember Mason reported on Finance Committee discussion concerning the recreation fee policy, trash districting, affordable housing fee rebates, and water bond refunding. 338 October 20, 1998 Councilmember Kneeland reported on Poudre School District Liaison Committee discussion concerning options for using Building Community Choices dollars for joint projects. Councilmember Byrne reported on Poudre School District Liaison Committee discussion regarding site selection for school sites. Councilmember Bertschy reported on the agenda for the next Governance Committee meeting. Councilmember Bertschy thanked City staff for its professionalism and hard work. Councilmember Smith reported on Poudre School District Liaison Committee discussions of Building Community Choices dollars and asked Council for a list of the goals they want to achieve with those monies in a joint use project with Poudre School District. Councilmember Smith reported on Legislative Review Committee and on discussions concerning the legislative policy agenda. The Committee discussed transportation issues, possible legislation supporting individuals who must deal with traumatic events, and recycling and landfill policies. Councilmember Mason reported on Growth Management Committee discussion concerning the Land Use Code and the annexation policy relating to natural areas. Councilmember Byrne recommended a book titled Changing Places: Rebuilding Community in the Age of Sprawl. Mayor Azari reported on a trip to Albuquerque and that community's land use efforts. She noted that she and other Mayors were invited to speak on growth issues. Items Relating to the Choice Streets System Comprehensive Program, Adopted on Second Reading The following is staff s memorandum on this item. "Executive Summary A. Second Reading of Ordinance No. 177, 1998, Amending the Land Use Code and the Transitional Land Use Regulations Pertaining to Development Construction Permits and Construction Inspection Fees. B. Second Reading of Ordinance No. 178, 1998, Amending the Transitional Land Use Regulations by the Addition of Two New Sections to Be Numbered Sections 29-13 and 29- 14, Amending Sections 2.2.3, 3.3.1 and 3.3.2 of the Land Use Code, and Amending the 339 October 20, 1998 "Design and Construction Criteria, Standards and Specifications for Streets, Sidewalks, Alleys and Other Public Ways ", All of Which Amendments Pertain to Extended Guarantee and Bonding Requirements for Developers. C. Second Reading of Ordinance No. 179, 1998, Amending the "Design and Construction Criteria, Standards and Specifications for Streets, Sidewalks, Alleys and Other Public Ways" Pertaining to Street Repairs and Reconstruction. D. Second Reading of Ordinance No. 180, 1998, Amending Chapters 15, 24 and 26 of the City Code Relating to Right -of -Way Contractors Licenses. E. Second Reading of Ordinance No. 181, 1998, Amending Chapter 23, Article II of the City Code Pertaining to Excavations on Public Property and Amending Chapter 7.5 of the City Code by the Addition of a New Article X for the Purpose of Revising and Establishing Certain Fees for Permission to Excavate Streets. F Second Reading of Ordinance No. 182, 1998, Amending Chapter 24 of the City Code by the Addition of a New Section 24-97 and Amending the "Design Construction Criteria, Standards and Specifications for Streets, Sidewalks, Alleys, and Other Public Ways" by Adding a New Section 1.03 and by the Addition of a New Appendix "A ", All of Which Additions and Amendments Pertain to Policies and Standards for Maintenance to and Improvements of Annexed Streets and Infrastructure. G. Second Reading of Ordinance No. 183, 1998, Amending Chapter 24 of the Code of the City, the Land Use Code and the "Design and Construction Criteria, Standards and Specifications for Streets, Sidewalks, Alleys and Other Public Ways "RegardingRegulations Pertaining to Private Streets and Private Drives. I. CHANGES FROM FIRST READING Modifications have been made to Ordinance No. 178, 1998, as follows: • A new Section 7 has been added which provides for an appeal avenue to the Zoning Board of Appeals. • More definitive language has been added to better describe the meaning of "defects" and related terms. • At the request of lending institutions, a provision has been added to allow the amount of security (i.e., letter of credit or bond) to be reduced during the construction phase as progress is made on a project. Also, `performance bond" was added to development bond and letter of credit as a listed security instrument which can be utilized. 340 October 20, 1998 • The section entitled "Development bond and security for the maintenance and repair guarantees" was formerly one long paragraph. It was subdivided it into three subparagraphs for easier reading and understanding. H. RESPONSES TO QUESTIONS In response to the concerns and questions generated during the first reading of these ordinances on October 6, 1998, the following explanations and/or revisions are offered: 1. Administrative Appeal Process — Any citizen has the right to question the decisions or judgments of City officials by going up the chain ofsupervision. Anyone wishing to question a decision of the City Engineer may do so by going to the Director of Transportation Operations, Director of Transportation Services, and/or the City Manager. As an alternative or supplement, a clause is anticipated to be added to the Land Use Code, Division 2.10, "Appeal from Administrative Decisions", which would allow for a formal appeal to go to the Zoning Board of Appeals. This also has been added to the proposed Ordinance No. 178, 1998, which is part of the "Choice Streets" package. 2. Local Developer Impacts —The new fees, extended warranty and security requirements will affect all developers. The construction inspection fee is the largest in terms of dollar impacts, and this fee, along with the development construction permit fee, would have to be paid before the construction begins. Likewise, the development bond, letter of credit, performance bond or other security would have to be provided before the construction begins. These are up front costs that the developer would have to bear, but which we anticipate will be passed on to buyers. The impact of the security requirements has been reduced, at the request of local developers, by allowing the letter of credit and/or performance bond as a substitute for the development bond. The letter ofcredit costs less (typically 1 % -1.5% of its face value) than the development bond (typically 2% - 5116). Also, the financial records of the development company do not have to meet the more rigorous auditing standards required by bonding companies, thereby saving on accounting costs. In addition, the ordinance language has been further modified to allow the bond or letter of credit for the construction phase to be reduced as construction progresses. This was done in response to suggestions from the banking industry in order to minimize the apparent risk to the lending institution which would occur near the end of the infrastructure construction phase, when the development loan would be fully extended and a 100% letter of credit would still be outstanding. In particular, this suggestion was made by Mr. Steve Skaar ofKey Bank, who had written the memo that was passed out at the October 6th Council meeting. 341 October 20, 1998 Staff has worked to satisfy the concerns of the local developers with regard to these ordinances, while continuing the primary objective of reducing the burden on the tax payer for supporting new growth. These new requirements will ensure an acceptable level off nancial stability and up front investment on the part of the development companies in the future. Delay Final Acceptance of Streets — This is an intriguing idea, which has been seriously considered and debated among staffas a possible alternative to the warranty program. The extended warranty proposal came from the Transportation Funding Advisory Committee (TFAC), where it received considerable analysis and debate. Upon Council review of the TFAC recommendations, staff was directed to pursue the concept of extending warranties on new streets. This direction to staff has been a focal point of the "Choice Streets " effort for the past four months. It might be possible to have an "Initial Street Acceptance" at the time the streets are completed, and a "Final Street Acceptance" at the end of two years or the completion of building activity around the street, whichever comesfirst. However, the City wouldstill need to have securityfor that period of time, so this really would not be much different from the warranty program proposed. Staff recommends the warranty program as presented, for the following reasons: • Streets need to be completed before the building construction begins in order to provide safe access for emergency service equipment and utility service vehicles. • It is important to separate the infrastructure construction from the building construction in order to assure quality utility and street installations. Delaying acceptance of the streets would allow the developer to attempt to do both concurrently. • Buildings cannot legally receive a Certificate of Occupancy (CO) unless there is safe access from a public street. • Delaying acceptance of the streets until after the building construction removes the incentives for the developer to complete the streets or correct deficiencies. An escrow could be required to assure completion of the streets, but this is really no different than requiring a warranty with security as proposed. • The City owns the streets and is liable for insuring that they are safe, regardless of our agreements with developers. The proposed warranty program, with security to promote performance, is a positive approach to fulfilling our responsibilities to the public. 4. "Dead Weight Loss" — The requirement for development bonds, letters of credit; performance bonds performance bonds or other securities should be considered as property insurance" for the public. When a parcel is planned for subdivision and development, the f rst thing that happens is that the propertyfor rights -of -way is dedicated to the City. This dedication comes with a commitment/agreement f om the developer (i.e., the Development Agreement) to build certain improvements on that public property. 342 October 20, 1998 However, the City currently lacks assurance to take care of the possibility that the improvements would fail to be completed as designed and/or maintained/repaired as agreed. The development bond, performance bond or letter ofcredit becomes the public's insurance policy against those possibilities. While incomplete projects do not happen all that often, they do happen. An example of a development project that caused problems for the City because we did not have any collateral was the Robinson Piersal Plaza (downtown Safeway). The developer received approval for its project and started by removing curb, gutter and sidewalk around the whole blockand digging up the streets to install sewers. Then everything stopped. The developer could not get financing; the City held no collateral; the only leverage was the building permit, which of course was meaningless at that point. No funds existed for restoring sidewalks, bus stops, drainage, etc. The project sat in this unfinished condition for two years before the developer made some revisions and secured financing. The City had been forced to make some interim improvements at public expense. Another example was the Greenbriar Village, 3rd Filing. The developer allegedly did not pay the street construction contractor, so he stopped work. The condition of the streets was unsatisfactory for the public already living in the development. Again no security or "insurance" existed. So, the project sat incomplete because the developer did not have the means to proceed, and the City had no security or other means with which to force the work to continue on behalf of the public. The property insurance premiums we pay on our houses and automobiles are a "dead weight loss as long as we do not have an accident. Such insurance premiums are simply a necessary, accepted cost of property ownership, just as development bonds, performance bonds or letters of credit to protect the public's interest would become cost of doing business as a developer in Fort Collins, as it is now in many other nearby cities. With regard to maintenance and repair, the City spends approximately $60, 000 to $100, 000 per year on repairs to streets that are less than five years old. By spending public money today on repairs to new streets, repairs to older streets are deferred. There is a cumulative effect of deferring repairs to the older streets. It will cost more to make those repairs to the older streets because (a) the streets have deteriorated further which requires a more extensive repair effort, and (b) the cost of everything goes up overtime so it costs more to do it later rather than sooner. Staff estimates that a factor of 4 can be applied to the $60,000 - $100,000, totaling $240,000 to $400,000, which represents the annualized cost of deferred repairs on older streets. In addition, at least another $60,000 to $100,000 worth of subgrade settlements and pavement failures are showing up each year which go uncorrected. Those newer streets that do not get corrected will also become ever-increasing liabilities. Adding this to totals mentioned above, the resulting $300, 000 to $500, 000 then becomes a significant portion ofthe overall $3.1 million annual deficit in thepavement management program, as reported by the TFAC. With the extended warranty 343 October 20, 1998 program in place, virtually all of the $120, 000 to $200, 000 worth of defects will be corrected at developer expense, and the resulting $300, 000 to $500, 000 annual liability will be avoided. To estimate the costs to the development industry for offsetting this cost to thepublic, calendar year 1997 will be used as an example. There were 53 new developments approved in 1997. Of those, 23 were subdivisions or commercial developments with significant lengths of new public streets included. Assuming each of these had to pay for letters of credit or bonds, ranging from $12, 500 to $25,000per project, that would amount to a City-wide total of $287, 500 to $575, 000 for the year for the entire development industry. However, 25%ofinfrastructure costs is the maximum required. Exceptions to Licensing Requirements— Council voiced a concern that a conflict might exist in Ordinance No. 180, 1998. Section 2 of the Ordinance would amend Section 24-35 of the Code to require "any person" to obtain a license "in accordance with the provisions of Chapter 15 ". Section I ofthe Ordinance, among other things, would add a new Section 15- 369 to the Code which would carve out certain "exceptions " to the licensing requirements. Since Section 24-35 only requires persons to obtain licenses "in accordance with Chapter 15 ", there is no conflict when Chapter 15 provides some exceptions. Definitions — The language in the Ordinance has been modified to more precisely specify the types of failures and defects which would be the responsibility of the developer to correct during the 5-year repair guarantee period. 6. Affordable Housinr — The fee for the Development Construction Permit ($300 per development project) and the Construction Inspection Fees (based on the infrastructure inspected) are estimated to average $446 per dwelling unit. These fees would be waived for affordable housing developments, as provided by Section 2.2.3(E)(3), "Affordable Housing Exemption ". In 1997, a total of 1315 building permits were issued (930 single-family and 385 multi family). Of these, approximately 30% were for affordable housing units. Had these "Choice Streets " ordinances been in place last year, over $175, 000 in fees would have been waived for the affordable housing program. Staff believes that this waiver provision should eventually be removed when the City develops a comprehensive program for subsidizing affordable housing. Rideability Standards on Repaired Streets — Concerns were voiced that the surface tolerances for street repairs was not specified to a tight enough standard. The 114-inch tolerance over 10 feet is a common standard in the industry for street repairs, but when a series of 1/4-inch defections occur over a relatively short distance, a wavy effect can be created. For new highways, the Colorado Department of Transportation specifies a Prof lograph test for rideability. This is a rather expensive testing apparatus, and if the specified Profile Index is not achieved, an even more expensive machine is required to "profile" orgrind the pavement until the 344 October 20, 1998 standard is met. This is mentioned because this is the next level of industry standard which is readily available. The prof:lograph test was developed for high speed roads, such as interstate highways. It is not recommended for use on repairs because the expense would greatly exceed its benefit for repair situations. In the future, the Engineering Department will make every effort to apply the 114-inch on 10 feet standard in a way that eliminates repeating deflections or the "ripple effect". 8. Other Items Needing Clarification — Who designs streets? As mentioned during the October 6th meeting, developers hire private consulting firms to prepare their development plans and detailed designs. The City establishes minimum standards and checks the designs for conformance with the minimum standards, but the responsibility for the adequacy of the design remains with the developer and his/her engineer. The City does not, and from a professional standpoint cannot, assume the responsibility for the design work. What is the cost of the Development Construction Permit? $300 is charged per development project, not per dwelling unit. An average of 50 development projects per year has been used to estimate the total annual revenue to be $15,000 from this permit fee. If the Fort Collins Utilities begins its own inspection program for new development, will there be double-countingoffees? Currently, the Engineering Department inspects the installation of new water lines, sewer lines and storm drainage structures that are built within the street system. This practice has been in effect for many years, and is deemed to be more efficient than having multiple inspectors from different City departments on a development project at the same time. The Engineering Department has a vested interest in insuring that the utility lines installed under the streets are laid correctly and backfilled with proper compactive effort. If not, the integrity of the pavement substructure would be harmed. The request by the Fort Collins Utilities to perform inspections ofnew water, sewer and storm lines has only recently been voiced. It is expected that a lengthy analysis of the costs and benefits to the public will be necessary before a decision can be made on transferring this responsibility. However, if the responsibility is transferred, the fees will transfer as well and will not be double -counted. not will be the impact on inftll projects? There should be minimal impact on infill projects because there is usually little to no new public infrastructure created for infill projects. The fees, bonds, and warranties in "Choice Streets" are all based on the value of the newly constructed streets and infrastructure. The exception is the Street Cut Fee, which may come into play if an existing street needs to be cut to tap into existing utilities. 345 October 20, 1998 Why are CO's held because of cracks in a sidewalk? It is City (Engineering Department) policy to require all cracked curbs, gutters and sidewalks to be replaced prior to issuance of a Certificate of Occupancy (CO) on the adjacent properties. This assures that buyers of new homes receive a new, unblemished product. If sidewalks are placed correctly, with proper spacing of expansion joints, then protected from construction equipment during the home-building process, there should be no problem with cracks. Unfortunately, staff often observes builders running heavy equipment over the sidewalks (and curbs and gutters), which often results in cracks because they are not designed to take such loads. With some planning and job site management, these kinds of problems can be avoided. Some developers and/or contractors choose to replace damaged sidewalks rather than going to the extra trouble or expense to protect it. Summary. There have been several meetings with contractors, developers, lending institutions and bonding companies since First Reading of these ordinances. The focus has been on Ordinance No. 178, 1998 the extended guarantee and bonding requirements for developers. Every effort has been made to explain the proposals, as well as the principles and rationale behind the proposals, and to make appropriate adjustments." Cam McNair, City Engineer, gave a brief presentation concerning the first of the seven proposed ordinances relating to the Choice Streets System Comprehensive Program. Councilmember Mason made amotion, seconded by CouncilmemberByme, to adopt Ordinance No. 177, 1998 on Second Reading. Tim Johnson, 1337 Stonehenge Drive, Transportation Board Chair and Transportation Finance Advisory Committee member, urged support for the entire package of ordinances and commended staff for its work on the issues. The vote on the motion was as follows: Yeas: Councilmembers Azari, Bertschy, Byrne, Kneeland, Mason and Smith. Nays: None. THE MOTION CARRIED. McNair gave a presentation concerning changes made to Ordinance No. 178, 1998 since First Reading and spoke concerning the need and time lines for extended warranties and guarantees. The revised Ordinance includes an appeal avenue, more definitive language, a provision to allow the amount of the security to be reduced during the construction phase as progress is made on the project, and acceptance of a performance bond as an additional security instrument. Councihmember Smith asked about the criteria for determining whether an issue is appealed to the Zoning Board of Appeals. McNair stated that the issue would go to the ZBA at the request of the appellant. 346 October 20, 1998 Councilmember Smith asked about the work done on "dead weight economic loss" and asked for a brief presentation. McNair spoke concerning the accumulating liabilities for street maintenance estimated to be $300,000 to $500,000 per year, and equated the extended guarantee and bonding requirements to an insurance policy to correct any catastrophic problems. Councilmember Smith asked if the City will ever catch up on street maintenance costs and if these funds will be freed up for other uses if this Ordinance is enacted. McNair stated that this is not a total solution. Ron Phillips, Transportation Services Director, stated that the effects will be small in the beginning and will be greater over time, and that the TFAC recognized that there are two factors in the ever increasing cost of the total system: the increasing growth in street miles and the increasing costs of construction. Councilmember Mason asked about the current and proposed appeal processes. City Attorney Roy explained the current informal administrative appeal process, noting that under the new process decisions of the Zoning Board of Appeals could be appealed to the City Council. Councilmember Smith made a motion, seconded by Councilmember Bertschy, to adopt Ordinance No. 178, 1998 on Second Reading. Tim Johnson, Transportation Board Chair, spoke in support of the Ordinance as a means to keep the annual street maintenance deficit from growing. Kimberly Maevers, Northern Colorado Homebuilders Association, spoke regarding the meetings held since First Reading of the Ordinances and commended staff for its willingness to address the issues that had been raised. She commented on the cost of implementation of the Ordinances and the need for continued discussions to address any unintended negative consequences and to determine if there are better solutions. The Association will continue to suggest an annual accountability report to monitor the program. Sister Mary Alice Murphy, Director of CARE Housing, spoke regarding the meetings that have been held since First Reading of the package of ordinances and stated that many of the key concerns have been answered. Councilmember Smith thanked staff and others who have worked on the issues since First Reading. He stated that he will be asking for an annual review process. Councilmember Mason spoke concerning the need for warranties to protect the interests of the taxpayers and supported the addition of a new appeal process. 347 October 20, 1998 Councilmember Kneeland thanked the individuals who have worked on the issues since First Reading. Councilmember Bertschy expressed appreciation for the work that has been done to address the questions that arose on First Reading. Mayor Azari thanked those who worked together on these issues. The vote on Councilmember Smith's motion was as follows: Yeas: Councilmembers Azari, Bertschy, Byrne, Kneeland, Mason and Smith. Nays: None. THE MOTION CARRIED. McNair gave a brief presentation concerning Ordinance No. 179, 1998. Councilmember Kneeland made a motion, seconded by Councilmember Mason, to adopt Ordinance No. 179, 1998 on Second Reading. Councilmember Byrne asked if the standards will be updated periodically. McNair stated that these standards will be updated periodically as materials and technologies change, and the revised standards would be brought forth for Council approval. Councilmember Mason asked about the status of revisions to the County standards. Mike Herzig, Special Projects Engineer, stated that the County plans to consider adopting revised standards in December. The vote on Councilmember Kneeland's motion was as follows: Yeas: Councilmembers Azari, Bertschy, Byrne, Kneeland, Mason and Smith. Nays: None. THE MOTION CARRIED. McNair made a brief presentation concerning proposed Ordinance No. 180, 1998. Councilmember Mason made a motion, seconded by CouncilmemberByrne, to adopt OrdinanceNo. 180, 1998 on Second Reading. Councilmember Mason asked how long it has been since the last review of contractor licensing requirements. McNair stated that the last review was in 1972. The vote on Councilmember Mason's motion was as follows: Yeas: Councilmembers Azari, Bertschy, Byrne, Kneeland, Mason and Smith. Nays: None. THE MOTION CARRIED. 348 October 20, 1998 McNair made a brief presentation concerning proposed Ordinance No. 181, 1998 Councilmember Bertschy made a motion, seconded by Councilmember Smith, to adopt Ordinance No. 181, 1998 on Second Reading. Mayor Azari commented concerning the problem of numerous street cuts for utility repair work and asked if the City will keep track of subcontractors. McNair stated that the subcontractor takes out the permit. Councilmember Smith asked how problems in the street cut work such as boring will be dealt with. McNair stated that these problems would be dealt with under provisions covering the contractor's license and bond. Councilmember Byme asked about the total value of the City's street assets. Phillips estimated the total at about $150 million for the pavement value. Councilmember Mason asked about the discussions concerning the determination that street patch cut repairs were inadequate and had become a cost burden to the General Fund. Diede stated that staff has been working on improved patching standards for several years. Councilmember Byrne asked where the City is with respect to the TFAC's recommendation on "closing the gap" for street maintenance. City Manager Fischbach spoke concerning the 10-year budget presented to the Finance Committee which incorporated street costs to close the gap and noted that a Study Session will be held in December on the issue. The vote on Councilmember Bertschy's motion was as follows: Yeas: Councilmembers Azari, Bertschy, Byme, Kneeland, Mason and Smith. Nays: None. THE MOTION CARRIED. McNair gave a brief presentation concerning proposed Ordinance No. 182, 1998. Councilmember Bertschy asked about the time frame for bringing annexed streets up to standards. Herzig explained the timeframe and process. Mayor Azari asked if there would be ways to deal with special circumstances for annexed areas that do not have the resources to bring streets up to standards. Diede stated that there will be further work and opportunity for input concerning how to deal with substandard streets in annexations. 349 October 20, 1998 Councilmember Byrne made amotion, seconded by Councilmember Mason, to adopt Ordinance No. 182, 1998 on Second Reading. The vote on the motion was as follows: Yeas: Councilmembers Azari, Bertschy, Byrne, Kneeland, Mason and Smith. Nays: None. THE MOTION CARRIED. McNair made a brief presentation concerning proposed Ordinance No. 183, 1998. Councilmember Smith asked if this Ordinance would reduce opportunities for creativity in landscape architecture and development. McNair spoke concerning the mechanisms for maintenance ofprivate streets. Herzig spoke regarding problems that have been experienced with inadequate private streets and noted that the goal of this Ordinance will ensure that private streets meet basic criteria. Councilmember Kneeland commented that there would still be room for creativity within these minimum standards. Councilmember Byrne made a motion, seconded by Councilmember Kneeland, to adopt Ordinance No. 183, 1998 on Second Reading. Councilmember Mason thanked staff for its work and willingness to work with the public on these issues. Councilmember Byrne commented on the importance of these issues for the community. Councilmember Bertschy thanked the Transportation Board and the TFAC and staff for their work on this package. Mayor Azari expressed appreciation for the timeliness of the work on these issues. The vote on Councilmember Byrne's motion was as follows: Yeas: Councilmembers Azari, Bertschy, Byrne, Kneeland, Mason and Smith. Nays: None. THE MOTION CARRIED. Councilmember Smith requested a periodic review of how the Choice Streets package is working. He requested information concerning the total dollar value of the infrastructure and the costs of the warranties and guarantees. He suggested looking at options such as the creation of an insurance pool. 350 October 20, 1998 Councilmember Kneeland requested tracking of the impact of these ordinances, in particular Ordinance No. 178, 1998 on smaller developers. Councilmember Mason asked that Transportation staff look at ways the General Fund is subsidizing street maintenance caused by new growth and development in the community, including fees and licenses. Mayor Azari spoke concerning the need to monitor whether the program is working and to determine if there are any unintended consequences. Other Business Councilmember Mason spoke concerning three memos received from the Natural Resources Advisory Board relating to Gateway Park issues. He noted that there will be a meeting at 6:30 p.m. on October 23, 1998 at the Lincoln Center to solicit design input on Gateway Park. He requested that the Natural Resources Advisory Board be involved in the Gateway Park design. Councilmember Bertschy asked that the Natural Resources Advisory Board be notified of the meeting. City Manager Fischbach stated that the NRAB and the Parks and Recreation Board will both be involved in the Gateway Park design discussions. Councilmember Smith requested a discussion on the status of the City's reserves with respect to the Flood Recovery Fund. Councilmember Smith asked for a brief update on the regulations for political signs and asked about the complaint process. City Manager Fischbach explained the regulations pertaining to political signs and stated that signs are not permitted on public property. He noted that the regulations are enforced on a complaint basis, and illegally placed signs are removed. Councilmember Smith requested Council input on the process to select a young person to attend the youth track at the NLC conference in Kansas City. The consensus was that this would be worthwhile for Councilmember Smith to pursue. 351 October 20, 1998 Councilmember Byrne spoke concerning a memo received from the Library Board regarding the funding gap in the County's contribution. He requested that this information be shared with the County and that an agreement be negotiated concerning how the County's contribution should be equitably calculated. Councilmember Kneeland commented concerning the difficulty of the issue and supported continuing work on the issue of the County's contribution. Councilmember Bertschy gave an update regarding Citizen Review Board interviews and noted that appointments will be made on November 17. Mayor Azari expressed thanks and appreciation to City staff. Adjournment Councilmember Smith made a motion, seconded by Councilmember Mason, to adjourn the meeting to October 27, 1998 at 6:00 p.m. to allow Council to consider adjourning into Executive Session to discuss potential litigation. THE MOTION CARRIED. The meeting adjourned at 9:00 p.m. ayor F TTEST: )_ n N��-1.04 - City Clerk M10J