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HomeMy WebLinkAboutMINUTES-09/21/2004-RegularSeptember 21, 2004 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 of the City of Fort Collins was held on Tuesday, September 21, 2004, 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: Bertschy, Hamrick, Kastein, Martinez, Roy, Tharp and Weitkunat. Staff Members Present: Atteberry, Krajicek, Roy. Citizen Participation Betty Aragon, 140 Second Street, Northside Neighborhood Plan Citizens Advisory Group member, spoke regarding the proposal for the widening of Lemay Avenue to a four -lane arterial. She asked that Council consider at the September 28 Study Session that the proposal was for Lemay Avenue to follow the current alignment rather that a realignment to the east. She stated the neighborhoods had tried to cooperate with City staff on the Street Master Plan to move Lemay east around the neighborhoods and Vine north of Alta Vista. She stated a four -lane arterial would mean more traffic and that it would be a "temporary fix." She stated the neighborhoods valued their homes and quality of life. She stated City staff and the Transportation Board did not support this proposal, and she asked that Council not support it. David Zirtzlaff, 2048 Manchester Drive, Village West Neighborhood, stated the current system of making complaints about neighbors was not working well. He stated complaints about repeated violations aggravated relations between neighbors and that enforcement was inconsistent. He stated any changes in the Code must be "easily enforceable" so that there would be no "hidden slums" and hatred between neighbors. Margaret Guzman, Alta Vista resident, expressed concerns about the impact of the Lemay Avenue widening. Lloyd Walker, 1756 Concord Drive, Rolland Moore Neighborhood Network, spoke regarding neighborhood preservation. He stated the "climate of disrespect for the law" must end because it was "fostering the kind of attitude" that led to some of the recent behavior problems in the core area of the City. He stated this "disrespect' was shown through street and yard litter, unkept yards, noise violations, speeding, underage drinking, antisocial behavior toward neighbors, exceeding housing occupancy limits, and violation of zoning codes. He stated he would like to see zero tolerance and immediate action regarding such "neighborhood graffiti." He stated there were enforcement 99 September 21, 2004 problems with the "three unrelated" Ordinance and that he believed that this Ordinance was enforceable. He favored a rental licensing Ordinance that would involve the City, landlords, tenants, and neighbors. Gail Zirtzlaff, 2048 Manchester Drive, spoke in favor of rental licensing and adequate enforcement of the nuisance codes. She spoke regarding the problem of out-of-state landlords. Kelly Ohlson, 2040 Bennington Circle, spoke regarding the capital projects program (Building on Basics) and competing needs. He noted that during the Wal-Mart proposal there had been discussions and "promises" that $3-5 million of DDA dollars would go toward river restoration in the downtown and that those dollars were not competing for other capital projects. He asked that Building on Basics build -in a minimum of five to 10 years of operations and maintenance dollars. He also spoke about the "assault" by rentals that had four to eight people on single-family low density residential neighborhoods. He stated there needed to be a workable "three unrelated" Ordinance and some kind of rental licensing. Citizen Participation Follow-up Mayor Martinez stated it was his understanding that the Master Street Plan showed Lemay Avenue running east of the neighborhoods. Councilmember Bertschy stated he had also received a call from someone in the Alta Vista neighborhood and that was the first he had heard about the Lemay Avenue alignment. He stated he had discovered that there was a developer proposing the widening on the current alignment and that was as far as the proposal had gotten. He stated he would "guarantee from his perspective" that the proposal would not get any further. Mayor Martinez requested that staff provide a copy of the Master Street Plan relating to this portion of Lemay Avenue to the residents of the BAVA neighborhoods. Interim City Manager Atteberry stated the developer's proposal was "definitely not an option recommended by staff." Councilmember Kastein stated he supported a strengthening of the "three unrelated" Ordinance. He stated he had not yet come to the conclusion that rental licensing was the way to address the problem of rentals. Mayor Martinez stated the Ordinance would be more powerful if it would be strengthened with a "civil remedy." Councilmember Bertschy stated he had brought up the question of DDA dollars for river restoration at the last DDA meeting. He stated all Councilmembers had been spending a great deal of time on 100 September 21, 2004 the rental licensing issue and that Council wanted input and a dialogue with everyone. He stated the issue was one of quality of life and respect for everyone's rights. Councilmember Roy stated he spent two hours with a neighborhood group from Hillcrest and Taft to discuss rental nuisance problems in that neighborhood. He stated a lot of work was needed to preserve neighborhoods for residents. Councilmember Hamrick stated he would support the inclusion of operation and maintenance costs on capital projects that would be proposed for the April ballot so that the public would be informed about the full cost of the projects. Agenda Review Interim City Manager Atteberry stated the agenda would stand as printed. Councilmember Weitkunatwithdrew item #22 Resolution 2004-114Appointing Two Representatives to the Colorado Municipal League Policy Committee from the Consent Calendar. CONSENT CALENDAR 7. Items Relating to the Timberline Road Improvements Project. A. Second Reading of Ordinance No. 138, 2004, Appropriating Prior Year Reserves in the General Fund for Transfer to the Capital Projects Fund - Timberline Road Improvements Project to be Used for the Engineering Design of Timberline Road from Prospect Road to Drake Road. This Ordinance, which was unanimously adopted on First Reading on September 7, 2004, appropriates funding for the final design for the full and complete 4-lane widening project of Timberline Road between Prospect and Drake in anticipation of potential project construction funding through the Building on Basics ballot measure. The design would be conducted concurrently with the Interim 4-lane project design now underway assisted by developer funding. B. Resolution 2004-111 Authorizing the Purchasing Agent to Execute a Change Order in Excess of $100,000 for the Four Lane Engineering Design of Timberline, Drake to Prospect Project. 101 September 21, 2004 This Resolution authorizes the Purchasing Agent to execute a change order to the existing contract with Interwest Consulting Group to perform the design of the full and complete 4- lane project concurrently with the Interim Timberline 4-lane design work. 8. Second Reading of Ordinance No. 139, 2004, Amending the Fort Collins Traffic Code Related to Parkine. Council unanimously adopted this Ordinance on First Reading on September 7, 2004, making four amendments to the Traffic Code that relate to parking enforcement. The amendments were needed to continue implementation of the "enhanced enforcement' recommendation in the Downtown Strategic Plan. 9. Items Relating to the EPA -supervised Environmental Remediation at the Poudre River and Northside Aztlan Community Center Property. A. First Reading of Ordinance No. 146, 2004, Authorizing the Conveyance of Permanent, Non -Exclusive Easement Interests to Public Service Company of Colorado and the United States Environmental Protection Agency for Environmental Remediation Activities and Facilities on the Northside Aztlan Community Center Property. B. First Reading of Ordinance No. 147, 2004, Authorizing the Conveyance of an Easement on the Gustav Swanson Natural Area to North Weld County Water District for Relocation of a Water Line From Its Existing Location on the Natural Area C. Second Reading of Ordinance No.140, 2004, Authorizing the Conveyance of Nonexclusive Easement Interests for the Relocation of a Waterline by the North Weld County W ater District to a New Location on the Northside Aztlan Community Center Property. As discussed at the September 7 City Council meeting, when Ordinance No. 140, 2004 was adopted on First Reading, the cooperation with other stakeholders in the cleanup of the contamination under the Northside Aztlan Center site will require several Council actions, including a variety of easements. Item A would convey permanent easements to Public Service Company of Colorado and the U.S. Environmental Protection Agency. This provides an area for construction and operation of remediation structures and equipment. Item B provides an easement across a City -owned natural area, allowing realignment of the existing North Weld County Water District water line. 102 September 21, 2004 Item C is Second Reading of Ordinance No. 140, 2004, authorizing an easement across the Northside Aztlan Center site for the realignment of that same North Weld County Water District water line. Ordinance No. 140, 2004 was adopted unanimously on First Reading on September 7, 2004. 10. First Readina of Ordinance No. 148, 2004, Appropriating Unanticipated Revenue in the Amount of $26,500 for a Pemetual Easement at 259 South College Avenue, the Armstrong Hotel. In 2003, the Colorado Historical Society awarded the City of Fort Collins a State Historical Fund grant of $171,000. This money was appropriated in Ordinance 107. The building owners, the Levinger family, already provided to the City the $339,000 cash match for the grant. The grant funds are currently financing the rehabilitation of 259 South College Avenue in Fort Collins. As part of the grant requirements, the building owners must give a perpetual easement on the building to an approved entity. The building owners selected the Colorado Historical Foundation to hold the perpetual easement. 11. First Reading of Ordinance No. 149, 2004, Authorizing the Lease of City -owned Property at 3620 Kechter Road for Up to Five Years. The City acquired this property as part of the Affordable Housing Land Bank Program. The property is composed of five acres of development land with a single family dwelling. In accordance with the highest and best use, the City will eventually divide the property into four acres of development land and a one -acre residential property. 12. First Readinn of Ordinance No. 150, 2004, Authorizing the Lease of City -owned Property at 149 Grandview Road for Up to Five Years. The City built this house for use by the Cemetery Superintendent. Since this position has been eliminated, the City does not need to use this house as a staff residence. CLRS staff considered moving the building to Roselawn Cemetery to be used as a maintenance facility. Researching this option, staff concluded that it would not be cost effective to move and remodel the house into a maintenance shop. 13. Items Related to Lease of City -Owned Property at 1506 West Horsetooth Road. A. First Reading of Ordinance No. 151, 2004, Authorizing the Lease of City -owned Property at 1506A West Horsetooth Road for Up to Five Years. B. First Reading of Ordinance No. 152, 2004, Authorizing the Lease of City -owned Property at 1506B West Horsetooth Road for up to Five Years. 103 September 21, 2004 The City acquired this property as part of the Affordable Housing Land Bank Program (the "Land Bank Program"). The property is composed of 8.3 acres of development land. Currently this site has one single family residence, one building with an efficiency apartment and garage, and facilities for a horse property. One of the goals of the Land Bank Program is to hold land for a minimum of five years. Leasing the property during this time period generates revenue for the program, eliminates ground maintenance and discourages vandalism in empty structures. 14. First Reading of Ordinance No. 153, 2004, Authorizing the Lease of City -owned Property Consisting of a Portion of the Edora Pool Ice Center (EPIC) for Five Years. Northern Colorado Youth Hockey (NCYH) is a growing organization offering competitive and recreational hockey programs for youth. Over 430 children currently participate in its programs, and NCYH averages about 60 hours of ice time at EPIC per week. The size of its programs has necessitated the hiring of a full-time Hockey Coordinator. NCYH has asked to lease space at EPIC to be used as an office for the Hockey Coordinator. EPIC staff believes that having the coordinator on site at EPIC will benefit not just NCYH, but the overall operation of EPIC, the users of its facilities and its staff as well. City staff worked with NCYH and identified a 177 square foot area that was an office formerly used by EPIC staff and a custodial room. This space is not currently needed for City staff. The City will perform a minimal tenant finish on the space to include painting, carpeting, and adding a door between the two rooms. 15. Items Related to Easements for the New Centers for Disease Control Facility. A. First Reading of Ordinance No. 154, 2004, Authorizing the Conveyance of a Non- exclusive Utility Easement to Xcel Energy on City Property at North Overland Trail and West Mulberry Street for a Natural Gas Line. B. First Reading of Ordinance No. 155, 2004, Authorizing the Conveyance of a Non- exclusive Utility Easement to the Centers for Disease Control and Prevention on City Property at North Overland Trail and West Mulberry Street for a Wastewater Service Line. The CDC is building a new facility near Fort Collins on the Colorado State University Foothills Campus. In order to construct the facility, the CDC requires a utility easement from the City for its wastewater service line over, under, and across a portion of City -owned property at the substation site on North Overland Trail and Mulberry Streets. In addition, in 104 September 21, 2004 order to get gas service to the new facility, the CDC requires a utility easement be granted by the City to Xcel Energy for the has service line for CDC, also across the substation site. The City acquired the substation site, consisting of 2.7 acres, from Colorado State University in 1973. The site runs south and north of the extended Mulberry Street. The City has its substation on the south side of Mulberry Street. The City's site also includes the low-lying land on the north side of Mulberry Street with the Pleasant Valley and Lake Canal running through the property. The area that is requested to be used for these easements is between the Pleasant Valley and Lake Canal and the northerly boundary of the City property. The requested easements will not interfere with the City's use of this property. The Utilities Department staff has no objections to these easement requests. 16. First Reading of Ordinance No. 156, 2004, Authorizing the Conveyance of a Non-exclusive Easement for a Fiber Optic Duct Bank and Irrigation Waterline to Poudre School District on a Portion of the Staley Neighborhood Park Site. The Staley Neighborhood Park is located on the south side of Kechter Road (East County Road 36) between Ziegler Road (County Road 9) and Strauss Cabin Road (County Road 7). The park site is 10 acres in total area. The proposed 10-foot wide fiber optic duct bank and irrigation line easement (.117 A) is located along the northerly boundary of the Staley Neighborhood Park adjacent to Kechter Road. This easement is beneficial to the City because the irrigation line will be shared by the Poudre School District and the City when the Park is developed. Resolution 2004-009, which was adopted on January 20, 2004, authorized a revocable permit under Kechter Road for this same duct bank/irrigation line. 17. First Reading of Ordinance No. 157, 2004, Authorizing the Conveyance of a Non -Exclusive Easement to Poudre Valley Rural Electric Authority (PVREA) for the Construction of an Electric Service Line to Serve the Visitor Center at Fossil Creek Regional Open Space. PVREA is providing electrical service to the nearly completed Visitor Center on the Fossil Creek Reservoir Regional Open Space property located north of East County Road 32. While the underground line is part of the approved Larimer County plan for the improvements to the property, including the Visitor Center, PVREA requires that the property owners of record provide a ROW easement for the underground utility easement. Larimer County and City of Fort Collins each own a 50% interest in the property. The proposed Ordinance authorizes the City Manager to execute an underground utility easement 10 feet wide, 5 feet each side of power line center and appurtenances, as approved by Larimer County, across the Fossil Creek Reservoir Regional Open Space property jointly owned by the City and Larimer County. 105 September 21, 2004 18. First Reading of Ordinance No. 158, 2004, Authorizing the Long -Term Lease of Property at the Fort Collins -Loveland Municipal Airport to TAS Enterprises, Inc. for the Construction of an Aircraft Hangar. The ground lease allows TAS Enterprises to construct a 60 foot by 140 foot hangar for personal aircraft storage. The ground lease form agreement has been changed from past agreements. A review of the lease has been conducted by Airport staff, City staff including attorneys and the Airport Master Plan Consultant. The recommendations from this review have been incorporated into the new agreement. The lease changes are as follows: the lease rate has been increased from $.15 per square foot per year to $.30 per square foot per year for all of the leased premises; the rental rate is adjusted annually by the consumer price index versus every five years now; the cities have the option of purchasing the improvements prior to the expiration of the lease term; the lease term is 20 years with four (4) five-year extensions versus 25 years and three (3) five-year extensions. 19. Items Relating to Petitions for Initiative, Referendum, and Recall. A. First Reading of Ordinance No. 159, 2004, Amending the General Form for Petitions for Initiative, Referendum, and Recall. B. First Reading of Ordinance No. 160, 2004, Amending Chapter 7 of the City Code so as to Include a New Article 7 Pertaining to Election Offenses. These ordinances would, in combination, seek to ensure that persons who are asked to sign an initiative or referendum petition are properly informed of the purpose of the petition. 20. Resolution 2004-112 Adopting Amended Rules of Procedure Governing the Conduct of Cit Council Meetings So as to Include the Order of Business at Council Meetings, as Well as Basic Rules of Order for Conducting Such Business. At a Council meeting last fall, Councilmember Hamrick asked for input regarding Robert's Rules of Order or some modified version that Council could regularly use to guide the way in which it conducts its business. The proposed Resolution would adopt basic rules of order for handling agenda items and other Council business by motion. These rules of order are based on Robert's Rules and are modified as necessary to conform to the City Charter. An abbreviated version of the rules is included in the agenda materials. The Resolution would also re -adopt rules of procedure for Council meetings. These rules deal with such subjects as the order of business, the length of meetings, citizen input, etc. 106 September 21, 2004 The changes to these rules, as compared to the previously adopted rules, are shown by redline and strike -out in the Resolution. 21. Resolution 2004-113 Relating to the Creation of an Oneoing Economic Vitality and Sustainability Action Group and Action Plan. On February 3, 2004 City Council adopted Resolution 2004-016 establishing an Economic Vitality and Sustainability Action Group (EVSAG Task Force). The group was charged with creating an Economic Vitality and Sustainability Plan, establishing guidelines for utilizing Economic Vitality and Sustainability Funds, and providing a report and recommendations to Council. EVSAG report recommendations are being addressed in this Resolution. 22. Resolution 2004-114 Appointing Two Representatives to the Colorado Municipal League Policy Committee. The Fort Collins City Council recommends that Mayor Ray Martinez and Interim City Manager Darin Atteberry be appointed to represent the City of Fort Collins on the Colorado Municipal League Policy Committee. Appointments to the CML Policy Committee are made each fall and members serve for a one-year period. Each member municipality of the League is entitled to a representative, and all cities over 100,000 are entitled to designate two representatives. 23. Routine Easements. A. Easement for Construction and Maintenance of Public Utilities from Dave Coria, to relocate existing underground primary system, located at 234 Cherry. Monetary consideration: $10. ***END CONSENT*** Ordinances on Second Reading were read by title by City Clerk Krajicek. 7. Items Relating to the Timberline Road Improvements Project. A. Second Reading of Ordinance No. 138, 2004, Appropriating Prior Year Reserves in the General Fund for Transfer to the Capital Projects Fund - Timberline Road Improvements Project to be Used for the Engineering Design of Timberline Road from Prospect Road to Drake Road. 107 September 21, 2004 8. Second Reading of Ordinance No. 139, 2004, Amending the Fort Collins Traffic Code Related to Parking. Items Relating to the EPA -supervised Environmental Remediation at the Poudre River and Northside Aztlan Community Center Property. C. Second Reading of Ordinance No.140, 2004, Authorizing the Conveyance of Nonexclusive Easement Interests for the Relocation of a Waterline by the North Weld County Water District to a New Location on the Northside Aztlan Community Center Property. 27. Items Relating to the Feather Ridge Annexation and Zoning. A. Second Reading of Ordinance No. 141, 2004, Annexing Property Known as the Feather Ridge Annexation to the City of Fort Collins, Colorado. B. Second Reading of Ordinance No. 142, 2004, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Feather Ridge Annexation to the City of Fort Collins, Colorado. Ordinances on First Reading were read by title by City Clerk Krajicek. 9. Items Relating to the EPA -supervised Environmental Remediation at the Poudre River and Northside Aztlan Community Center Property. A. First Reading of Ordinance No. 146, 2004, Authorizing the Conveyance of Permanent, Non -Exclusive Easement Interests to Public Service Company of Colorado and the United States Environmental Protection Agency for Environmental Remediation Activities and Facilities on the Northside Aztlan Community Center Property. B. First Reading of Ordinance No. 147, 2004, Authorizing the Conveyance of an Easement on the Gustav Swanson Natural Area to North Weld County Water District for Relocation of a Water Line From Its Existing Location on the Natural Area 10. First Reading of Ordinance No. 148, 2004, Appropriating Unanticipated Revenue in the Amount of $26,500 for a Pemetual Easement at 259 South College Avenue, the Armstrong Hotel. 11. First Reading of Ordinance No. 149, 2004, Authorizing the Lease of City -owned Property at 3620 Kechter Road for Up to Five Years. September 21, 2004 12. First Reading of Ordinance No. 150, 2004, Authorizing the Lease of City -owned Property at 149 Grandview Road for Up to Five Years. 13. Items Related to Lease of City -Owned Property at 1506 West Horsetooth Road. A. First Reading of Ordinance No. 151, 2004, Authorizing the Lease of City -owned Property at 1506A West Horsetooth Road for Up to Five Years. B. First Reading of Ordinance No. 152, 2004, Authorizing the Lease of City -owned Property at 1506B West Horsetooth Road for up to Five Years. 14. First Reading of Ordinance No. 153, 2004, Authorizing the Lease of City -owned Property Consisting of a Portion of the Edora Pool Ice Center (EPIC) for Five Years. 15. Items Related to Easements for the New Centers for Disease Control Facility. A. First Reading of Ordinance No. 154, 2004, Authorizing the Conveyance of a Non- exclusive Utility Easement to Xcel Energy on City Property at North Overland Trail and West Mulberry Street for a Natural Gas Line. B. First Reading of Ordinance No. 155, 2004, Authorizing the Conveyance of a Non- exclusive Utility Easement to the Centers for Disease Control and Prevention on City Property at North Overland Trail and West Mulberry Street for a Wastewater Service Line. 16. First Reading of Ordinance No. 156, 2004, Authorizing the Conveyance of a Non-exclusive Easement for a Fiber Optic Duct Bank and Irrigation Waterline to Poudre School District on a Portion of the Staley Neighborhood Park Site. 17. First Reading of Ordinance No. 157, 2004, Authorizing the Conveyance of a Non -Exclusive Easement to Poudre Valley Rural Electric Authority_(PVREA) for the Construction of an Electric Service Line to Serve the Visitor Center at Fossil Creek Regional Open Space. 18. First Reading of Ordinance No. 158, 2004, Authorizing the Long -Term Lease of Property at the Fort Collins -Loveland Municipal Aimort to TAS Enterprises, Inc. for the Construction of an Aircraft Hangar. 109 September 21, 2004 19. Items Relating to Petitions for Initiative. Referendum. and Recall. A. First Reading of Ordinance No. 159, 2004, Amending the General Form for Petitions for Initiative, Referendum, and Recall. B. First Reading of Ordinance No. 160, 2004, Amending Chapter 7 of the City Code so as to Include a New Article 7 Pertaining to Election Offenses. Councilmember Hamrick made a motion, seconded by Councilmember Tharp, to adopt and approve all items not withdrawn from the Consent Calendar. The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Hamrick, Kastein, Martinez, Roy, Tharp and Weitkunat. Nays: None. THE MOTION CARRIED Consent Calendar Follow-up Councilmembers Weitkunat and Tharp spoke regarding item #21 Resolution 2004-113 Relating to the Creation of an Ongoing Economic Vitality and Sustainability Action Group and Action Plan. Councilmember Reports Councilmember Tharp reported that she attended the Colorado Community Revitalization Association meeting in Fort Collins. She stated one aspect of Fort Collins that contributed to economic vitality was the fact that the community is a cultural center and that quality of life issues were significant economic drivers. Mayor Martinez gave a tribute to former Mayor Dr. Tom Bennett, who passed away on Saturday, September 11, 2004. Items Relating to the Feather Ridge Annexation and Zoning, Adopted on Second Reading: The following is staff s memorandum on this item. EXECUTIVE SUMMARY A. Second Reading of Ordinance No. 141, 2004, Annexing Property Known as the Feather Ridge Annexation to the City of Fort Collins, Colorado. 110 September 21, 2004 B. Second Reading of Ordinance No. 142, 2004, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Feather Ridge Annexation to the City ofFort Collins, Colorado. This is a 100% voluntary annexation and zoning of a property approximately 15.46 acres in size. Thesite is located approximately 1,200feeteast of Ziegler Road, north ofHewlett-Packard/Agilent Technologies, and approximately 2,144feet north ofEast Harmony Road. Therecommendedzoning is U-E, Urban Estate. This zoning complies with the recently amended Structure Plan Map. On September 7, 2004, Council unanimously adopted Resolution 2004-108 Setting Forth Findings of Fact and Determinations Regarding the Feather Ridge Annexation. Also on September 7, 2004, Council unanimously adopted on First Reading, Ordinance No. 141, 2004 annexing property known as the Feather Ridge Annexation, and adopted Ordinance No. 142, 2004, by a vote of 5-2 (Nays: Councilmembers Hamrick and Roy), zoning the Feather Ridge property. " Interim City Manager Atteberry withdrew from participation on this item due to a perceived conflict of interest. ("Secretary's Note: Interim City Manager Atteberry left the room at this point, and Deputy City Manager Jones took his place at the staff table.) Deputy City Manager Jones stated this agenda item was on the discussion agenda due to a split vote on First Reading. Thomas Welch, 4032 Mesa Verde Street, spoke regarding the neighborhood opposition to the proposed land use. He stated it would have a detrimental impact on neighboring properties. He stated the applicant had made "gross misrepresentations of the facts" and that there had been "overzealousness and misrepresentation of facts" by City Planning. He stated there had not been follow-up on commitments to seek input from the affected property owners and that community interests had not been adequately represented. He objected to the annexation of Feather Ridge and stated he and others were "discouraged, disenchanted and angry." He stated over 90% of the people given an opportunity to sign a position in opposition to Feather Ridge signed the petition. He stated Fort Collins should not "support and encourage partying" or support expansion of "partying" from business zones to residential zones. He asked the Council to "make Fort Collins a better place to live." Linda Ripley, planning consultant representing the applicant, reminded the Council that the action to be taken was the annexation and zoning of the property. She stated the requested zoning was in line with the Structure Plan and that the development itself was not under scrutiny at this time. III September 21, 2004 Councilmember Kastein made a motion, seconded by Councilmember Tharp, to adopt Ordinance No. 141, 2004 on Second Reading. Councilmember Kastein stated the issue before Council was the annexation and zoning and that the specifics of the land use would be discussed during the development review process. Mayor Martinez stated there would be a fair process to discuss development issues. The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Hamrick, Kastein, Martinez, Roy, Tharp and Weitkunat. Nays: None. THE MOTION CARRIED Councilmember Kastein made a motion, seconded by Councilmember Weitkunat, to adopt Ordinance No. 142, 2004 on Second Reading. Councilmember Hamrick stated he would again vote against this Ordinance. He stated he disagreed with the proposed zoning of the annexation because of the change that had been made to allow small scale event centers in the U-E zone. The vote on the motion was as follows: Yeas Councilmembers Bertschy, Kastein, Martinez, Tharp and Weitkunat. Nays: Councilmembers Hamrick and Roy. THE MOTION CARRIED ("Secretary's Note: Interim City Manager Atteberry returned to the meeting at this point.) Resolution 2004-115 Adopting Amendments to the Financial Management Policies, Adopted. The following is staff s memorandum on this item. "FINANCIAL IMPACT The Financial Management Policies are used to establish guidelines for budget preparation and long-range financial planning. The policies reflect Council direction and commitment to sound financial planning and management. By themselves they do not have a direct financial impact, however, the Policies are intended to promote efticientprovision ofpublic services leading to cost savings over the long-term. 112 September 21, 2004 EXECUTIVE SUMMARY The revisions adopted by this Resolution will become part of the Financial Management Policies of the City. The policies will remain in effect until they are subsequently amended or repealed by Council action. The proposed amendments are to Section 3.4 Human Resource Management and Productivity. Section 3.4 a.]. has been modified to clarify that salaries and benefits are included in total compensation. The reference to comparable entities has been changed to show that the array of services provided by such entities should be similar to those provided by the City. The wording in the second paragraph has been updated to more clearly state that salaries (and specifically not benefits) will beset at the 70th percentile. The paragraph also explains how the 70th percentile is to be identified. Section 3.4 a. 2. has been eliminated. Section 3.4 a.3. will be renumbered to take the place of paragraph 2. The term position has been changed to 'job. " Interim City Manager Atteberry stated there were two related Resolutions on the agenda presented as two agenda items (Resolution 2004-115 and 2004-116). He stated this was the culmination of a great deal of work by the Council Ad Hoc Benefits Committee (composed of Councilmembers Kastein and Hamrick and City staff) and by Gallagher and Associates, which conducted an independent review of compensation and benefits policies. He stated Resolution 2004-115 would make amendments to the financial management policies and was directly related to the Gallagher Report. He stated Exhibit A (Section 3.2 Human Resources Management and Productivity) included three key changes: (1) separating benefits from compensation, (2) moving from the 70" percentile for benefits to "competitive" benefits, and (3) expanding the definition of "market" to include both public and private. He stated two language options were presented for Council's consideration. Kelly Ohlson, 2040 Bennington Circle, stated Exhibit A indicated that the labor market was defined as "employers and jurisdictions that closely approximate the size and/or services of the City of Fort Collins." He stated there was other language in the Resolution that referenced counties, and that he hoped that the intent was not to limit the market to city governments. He suggested that "counties" be added where appropriate in the language. He stated he hoped that the language "and/or services" would not rule out organizations such as CSU. He suggested that CSU should be specifically mentioned as part of the market and that there should be comparisons with CSU for similar jobs. He stated comparisons should be made at anytime there was an overlap locally, even if the two organizations were not similar. He questioned whether the language as written would mean comparisons with organizations such as Poudre R-1, counties, etc. He stated the 70ih percentile was unrealistic and that this would be a more "honest and clear" approach. 113 September 21, 2004 Bruce Lockhart, 2500 East Harmony Road, stated there seemed to be delays in making any major changes in the benefits package. He stated the Council needed to "bite the bullet" and get something done with this. He asked if any analysis had been done about how much money could be saved if the compensation and benefit package was rolled back to 60% or 65%. He stated compensation and benefits would continue to be a major issue because of revenue shortfalls in future years. Councilmember Hamrick asked about the language in Exhibit A under 3.4(a)(1) that indicated that the market would probably consist of Front Range communities. He asked why the specific language from Resolution 2004-116 (Section 2) would not be used to make the benchmark organizations clearer. Rick de ]a Castro, Human Resources Director, stated Resolution 2004-116 language would add entities that are currently not part of the benchmark group and that the language did not represent the entire set of benchmark organizations. He stated there were currently 12 benchmark municipalities, that the listed Cities and Counties would not be included, and that the City would continue to use published data from the public sector (primarily from Mountain States Employer's Council). He stated the entire market was being expanded and that the Resolution essentially outlined the process that would be followed. Councilmember Hamrick noted that the Gallagher Report suggested the removal of several metro Denver organizations. De la Castro stated the Report indicated that the benchmarks used for benefits may have been to "Denver heavy" because of the impact of managed care in the Denver area. He stated there was no suggestion in the Gallagher Report to remove any benchmark cities with regard to compensation. Councilmember Hamrick asked if it would be helpful to specifically list all of the comparable markets in the policy so that there would not be any question in the future about the market. De la Castro stated the issue was finding matching jobs in each of the markets and that it might not be possible to match with each market in any given year. Councilmember Hamrick asked if the wording could reflect the "intent to measure" with specific markets. Interim City Manager Atteberry stated the second Resolution clearly specified the entities that would be added to the market. Councilmember Kastein stated the second Resolution did not include any statements about public and private data and that the first Resolution did not mention the addition of counties. He suggested that the same language should be in both Resolutions. He asked if there should be a statement that the baseline employee share of premiums would go to 15% in 2005 and that this would be taken from what the total cost of benefits would be not including any reserves from the City budget. Interim City Manager Atteberry clarified that this would be a percentage of the total cost of premiums. He stated employees were currently paying 10% of the premium and that as of January 1 employees would be paying 15% of the total premium. He stated Resolution 2004-116 would make 5% adjustments for 2006 and 2007. 114 September 21, 2004 Councilmember Kastein asked if the City spent reserves on its share of the premium in 2003. De la Castro stated in 2003 the City did spend some reserves. He stated employees paid 10% of the premium and just under 17% of the cost. Councilmember Kastein noted that a policy would be established to decide what percentage of revenue could be spent on employee compensation and benefits. He stated when that was done a baseline would need to be established that would not include the City's contribution from reserves for 2003. He asked about using language specifying "public and private" as well as "counties and cities" in both Resolutions. Interim City Manager Atteberry stated if it was the Council's preference to include such language in both Resolutions that it would be advisable to make the change in this Resolution at this time. He asked the Finance Director if he saw any problem with including that level of detail in the financial management policies Resolution. Alan Krcmarik, Finance Director, stated these were the Council's policies and that this level of specificity could be added at Council's direction. He stated the financial policies were amended by Resolution prior to the budget process. Councilmember Bertschy stated the sentence indicating that the "labor market is defined as employers and jurisdictions that closely approximate the size and/or services of the City of Fort Collins" provided an inclusive context. He stated the following sentence could be amended to include counties. Mayor Martinez stated he would support that suggestion. Councilmember Bertschy made a motion, seconded by Councilmember Weitkunat, to adopt Resolution 2004-115, and to include the word "counties" before the words "State of Colorado" in Exhibit A, Section 1 of the Resolution. Councilmember Roy stated there was a proposed change in the "read before the meeting" packet to change the words "may also include" to read "will also include." Councilmember Bertschy accepted that as a friendly amendment. City Attorney Roy asked for clarification regarding the intent and noted that the change would significantly change the meaning of the sentence. He stated the change would require the inclusion of employers from at least two counties, the State of Colorado, and some public and private regional employers. He asked if that was the intent. Councilmember Roy stated was the intent. De la Castro stated the word "may" was intentionally included because the presumption with the word "will" was that the City would absolutely have a match for each of those employers. He stated it may or may not be possible to find a match in any given county. He stated staff could not guarantee that the City would be able to match its jobs with every one of the entities. He stated the word "will" would leave no room for discretion. City 115 September 21, 2004 Attorney Roy suggested that one of the drafts included the phrase "where appropriate" and that inclusion of that language could address the concern. Councilmember Roy stated he would be comfortable with including the language "where appropriate." He stated it would also be possible to simply indicate that there was no match i.e. not applicable could be the answer if there was no match. Councilmember Bertschy stated he would support inclusion of the words "where appropriate." He noted that often the job title would be the same but that the job responsibilities would not be the same and that this would not be an "appropriate" match. Councilmember Weitkunat stated she would concur with the changes as discussed. Councilmember Tharp stated she would vote against the 70" percentile and that she did not believe that separating the benefits from the salary would accomplish what Council set out to do. She stated the benefits and the salary together were "compensation." She stated she was concerned that this action would increase the total cost. Councilmember Bertschy stated the 70" percentile would be the top of the range. He stated separating the benefits from the salary would mean that the City would not be tied to the 70" percentile for benefits. He stated separating the two would allow the City to "move with the market' on benefits. Councilmember Roy stated he believed that the 701" percentile was a good target. He stated he could understand how sensitive this topic was to the employees. He stated this Resolution would respect the level of compensation for employee skills and services delivered. Councilmember Kastein stated it was important to support the 70" percentile and that the City would have an opportunity to compare itself with other public and private entities in Northern Colorado, which was an expensive place to live. He stated it was important to separate the benefits from the salaries because the benefits were impossible to quantify. He stated this would allow the salaries to be set objectively and the benefits to be set competitively. The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Hamrick, Kastein, Martinez, Roy and Weitkunat. Nays: Councilmember Tharp. THE MOTION CARRIED 116 September 21, 2004 Resolution 2004-116 Establishing Direction for Employee Compensation and Benefits, Adopted. The following is staff s memorandum on this item. "FINANCIAL IMPACT The Resolution would minimize thefinancial impact to the City by increasing employee contributions for medical premiums, and benchmarkingpay against entities which have historically set employee pay ranges lower than the City's current market average. EXECUTIVE SUMMARY During the 2004-2005 budget process, Councilmembers expressed concern about the level of employee benefit premiums, and the practice of benchmarking to provide market comparisons for the City's compensation and benefits programs. Council adopted Resolution 2003-147, establishing an Ad Hoc Compensation and Benefits Committee, comprised of Councilmembers Eric Hamrick and KurtKastein. This Committee worked with City staffto solicit services ofa professional consulting firm with expertise in the analysis and design of employee compensation and benefits. After requesting competitive proposals from qualified firms, the City selected the consulting firm of Gallagher Benefit Services, Inc. to conduct such an analysis. The Gallagher Report provided an analysis of the City's current compensation and benefits programs. In addition, the Gallagher Report listed several options that the City could pursue in order to reduce the rate of cost increases in the medical and dental plans. The Gallagher Report was the subject of two Council study sessions held on August I and 24, 2004. " Interim City Manager Atteberry stated this item was a continuation of the previous agenda item. He stated this was a substantive Resolution that directly addressed the work of the Ad Hoc Benefits Committee and the outside consultant. He stated this Resolution would have a significant impact on the organization and the ability of the City to begin to look at cost curtailment. He stated a revised Resolution had been presented to the Council to add a WHEREAS statement as follows: "WHEREAS, the Council has previously approved increasing City employees' share of the premium for medical benefits to 15% of the total premium commencing January 1, 2005." He stated the word "additional" had also be added to the subsequent WHEREAS clause. He stated a change had also been made to indicate that the City Manager would report back to the Council by the end of the first quarter in 2005. He stated the Resolution had three primary elements: (1) Section 1 would establish 117 September 21, 2004 an expectation on the part of the Council that the City Manager review the feasibility of the cost saving options from the Gallagher Report and report back to Council by the end of the first quarter in 2005; (2) Section 2 would provide that the City would adopt a practice of computing its compensation and benefit programs to other benchmark organizations as recommended in the Gallagher Report; and (3) Section 3 would give direction for the City to move to requiring employees to pay the following percentages of healthcare premiums: 15% on January 1, 2005, 20% on January 1, 2006 and 25% on January 1, 2007. Kelly Ohlson, 2040 Bennington Circle, stated it had taken almost five years to get the organization's attention on this issue. He stated the situation was serious. He stated there were $5 million in claims cost in 1999 and that in 2009 the projection was for $27 million. He stated he believed that the employees understood that if the problem was not solved that there would be lay-offs. He stated he was confident that this would be dealt with expeditiously. He stated he did not understand why CSU was not specifically included in the market when it was the largest employer in the region. He stated he would like to see CSU added to the language in both Resolutions. He stated he believed that the Resolution was "weak" and that it was "incomplete." He stated it could be clearer and more specific in some areas. He noted that 570 employees got a raise last year and that this year to date 109 employees had raises. Councilmember Bertschy asked if the suggestion to make the language in Section 2 identical to the language regarding the market in Exhibit A of Resolution 2004-1 l 5. Interim City Manager Atteberry replied in the affirmative. Councilmember Weitkunat stated Section 2 referenced the Gallagher Report and supported including the same language as was contained in Resolution 2004-115 relating to the market. Councilmember Kastein stated he looked at Resolution 2004-115 as setting broad financial policies and that Resolution 2004-116 would take specific recommendations from the Gallagher Report and matching those to the financial policies. He stated the Gallagher Report mentioned adding other public and private sector data and that the language of the Resolution would be consistent if it was left as is with regard to the reference to "other public and private sector data." Councilmember Tharp asked why there was reluctance to include CSU and UNC in the market when they were the largest employers in the area. Councilmember Bertschy stated most CSU and UNC employees were State classified employees and would therefore be covered under the reference to the State of Colorado. He stated the State data could be used where appropriate. Councilmember Tharp stated she wanted to make sure that those comparisons were made. September 21, 2004 Councilmember Bertschy stated comparisons could be made to positions listed in the State of Colorado classified plan. He stated the non -classified staff were faculty. Councilmember Roy asked for clarification about increases in health care premiums for employees with dependents. Interim City Manager Atteberry stated it was not recommended at this time that the "employee only" premium would go above 15% in 2006 or 2007 and that was consistent with the Gallagher Report. Councilmember Roy stated he thought that employees in general would pay a greater percentage in 2006 and 2007. Interim City Manager Atteberry stated there was a distinction between "employee" and "employee and dependents." He stated according to the Gallagher Report there was a distinction between the two and that the City had been below market for "employee and dependents." Councilmember Tharp stated the idea was that the City would pay a "reasonable proportion" for the employee and that the costs created by dependents would be a separate class. She stated it appeared that there needed to be a scale of costs for dependents separate from the employee costs, and that this did not clearly do that. She stated it was not clear what the dollar impact would be. She stated to be fair the employee should not be charged more than other single employees would be charged. De la Castro stated the percentages paid by the employees would take into account that the expenses for individual employees would be less and that consequently their premium would be lower compared with an employee and dependents. He stated the Resolution was consistent with the Gallagher Report. He stated the Gallagher Report indicated that employees were not paying enough to cover their dependents because the cost for dependent coverage was too low. He stated the City was incrementally increasing the cost for employees who wished to add their dependents to the City's plan. He stated would be consistent with the market and that it would reflect the added cost of bringing dependents onto the plan. Councilmember Tharp stated the she believed that the employees' costs should be separated from the dependents' costs and that there should be two totally different scales. Councilmember Hamrick asked Mr. Ohlson if Councilmember Bertschy's comments about the State of Colorado classified plan answered his concerns about not specifically including CSU or UNC in the market. Mr. Ohlson stated he saw no harm in including specific language to reflect that the State of Colorado would include CSU and UNC. Councilmember Hamrick stated it was his understanding that Councilmember Kastein's point was that the specific language relating to the market did not necessarily need to be included in the policy Resolution. He stated he was interested in the language proposed by Councilmember Roy. Councilmember Weitkunat made a motion, seconded by Councilmember Hamrick, to adopt Resolution 2004-116. 119 September 21, 2004 CouncilmemberBertschy stated he would like to see amendments to Section 2 of the Resolution and asked the City Attorney for suggested language. City Attorney Roy stated the language would depend on whether the Council wanted to include in Section 2 existing benchmark organizations and the new ones or whether only the new ones should be included. He stated in order to be consistent that the language would depend on whether the new benchmark organizations would include specific counties even though it would be discretionary to include them in the market. Councilmember Bertschy stated it was his intent to include existing and new benchmark organizations in Section 2. City Attorney Roy suggested the following language: "The City will adopt the practice of comparing its compensation and benefit programs to other benchmark organizations as recommended in the 2004 Gallagher Report. The benchmark organizations hereafter to be used by the City will primarily consist of Front Range communities but may also ...." He noted that there appeared to be a consensus regarding that language. Councilmember Bertschy stated he would offer the proposed language as a friendly amendment to the motion. Councilmember Weitkunat asked for clarification that the intent would be to include existing and new benchmark organizations. City Attorney Roy asked if the Council wanted to specify the counties to be included. He stated the suggested language would continue as follows: ".... include, where appropriate, counties, the State of Colorado, or regional data from both public and private sectors." Mayor Martinez stated he believed that language would be adequate. Councilmember Weitkunat stated if the Gallagher Report was referenced and certain benchmark organizations were being added that it would be important to state what those organizations were. City Attorney Roy stated the first sentence of the suggested language would work if Council believed that it would be sufficient to say that benchmark organizations were being expanded as recommended by the Report. He stated the proposed language would not list specific counties. Councilmember Weitkunat stated she liked the terminology relating to expansion of the benchmark organizations. City Attorney Roy asked if the language relating to expansion should be included. Councilmember Weitkunat stated she believed that was the point of Section 2. City Attorney Roy stated the suggested language of the first sentence would then be as follows: "The City will expand 120 September 21, 2004 the benchmark communities to which it compares its compensation and benefit programs as recommended in the Gallagher Report ...." Councilmember Bertschy stated he would offer that language as a friendly amendment. Councilmembers Weitkunat and Hamrick accepted the language as a friendly amendment to the motion. Councilmember Kastein stated he believed that the original wording was close to what was needed. He suggested that the word "other" should be "additional" in the phrase "other benchmark organizations" and that the language should be changed to read "other public and private sector data where appropriate." He stated he believed that it was important to spell out what was in the Gallagher Report. He stated he would prefer this language to the language offered in the friendly amendment. Councilmember Kastein stated this was the culmination of a lengthy process. He stated much work remained for the future because the cost of benefits was increasing faster than revenues. He stated this would provide a course correction and a baseline for future action. He stated he was anxious to arrive at a "metric" that could be used by the City Manager to evaluate year-to-year how much of the overall General Fund revenue and other revenues should be used for employee salaries and benefits. He stated once that was established the City could operate within those guidelines. He stated the City would have to find ways to manage besides reductions in City services. Mayor Martinez asked about Mr. Ohlson's reference to 100 employees receiving pay raises and whether those were in fact merit increases. Interim City Manager Atteberry stated they included reclassifications, adjustments, etc. He stated there were no labor market adjustments. Councilmember Weitkunat stated there was a recent Denver Post article comparing health costs in Colorado and Utah in private industry. She stated companies were paying 70-90% of premiums and that this would be in line with the policy being implemented by the City. She stated the cost of health care often represented 34% of a company's total net income. She stated it would be helpful to compare the City with those private industry figures. Interim City Manager Atteberry stated staff was working on the "metric" idea and scheduling that on a study session agenda before the end of the year. He stated he believed that this would allow the City to fully account for total "people costs" and how they related to the total operating budget. Councilmember Hamrick stated the City was getting to the "real meat" of the issue in examining the recommendations of the Gallagher Report. He stated a big step was being taken tonight and that following through in 2006 and 2007 would be important. He stated there were other things that would need to be done. He noted he and Councilmember Kastein had served on the Ad Hoc 121 September 21, 2004 Compensation and Benefits Committee and asked if the Council would like them to continue in that role. Mayor Martinez stated he believed that the Council would like Councilmembers Hamrick and Kastein to continue working with staff on that Committee. Councilmember Roy thanked Councilmembers Hamrick and Kastein for their work with staff on taking a "fresh look at a big problem." He stated "getting a handle on this would make other things possible in the future." He stated he recognized that this would be a "pocketbook issue" for City staff. Mayor Martinez stated there had not been a labor market adjustment for employees for two years and that in essence this action would be telling the employees that they would be getting a "pay cut" in 2005. He stated it was important that Council recognize that employees were being asked to do more with fewer employees, that employees would not be receiving a labor market adjustment and that they would be asked to pay more for their benefits. He stated they would be taking homeless money while doing more work. He stated at some point the Council would need to consider a one time cost of living adjustment. He stated he feared that there would be a "slow erosion" of the "foundation of the organization" due to what amounted to pay cuts. The vote on the motion as amended by the friendly amendment was as follows: Yeas: Councilmembers Bertschy, Hamrick, Kastein, Martinez, Roy, Tharp and Weitkunat. Nays: None. THE MOTION CARRIED Resolution 2004-117 Accepting the Advisory Opinion and Recommendation No. 2004-1 of the Ethics Review Board, Adopted. The following is staff s memorandum on this item. "EXECUTIVE SUMMARY Section 2-569(e) of the City Code provides that all opinions and recommendations of the City Council Ethics Review Board be submitted to thefull Council for review and approval. The Ethics Review Board met on September 7, 2004, to render an opinion on whether Councilmember Kastein has a conflict ofinterest in participating in Council's consideration with regard to the improvements to be constructed at the new Southwest Community Park, now known as the Spring Canyon Park. The meeting of the Board resulted in the issuance of Opinion No. 2004-1 (Exhibit "A" to the Resolution). 122 September 21, 2004 Pursuant to the requirements of the Code, this opinion is being presented to the Council for its review and possible approval. " Interim City Manager Atteberry introduced the agenda item. City Attorney Roy noted that the City Code called for Councilmember Kastein to not participate in this agenda item since it related to an advisory opinion rendered in response to a request he submitted. Councilmember Kastein withdrew from participation and voting on this item due to a perceived conflict of interest. ("Secretary's Note: Councilmember Kastein left the meeting at this point.) City Attorney Roy stated this was Council's opportunity to review an advisory opinion and recommendation from its Ethics Review Board. He stated the Board's opinion was attached to the Resolution and that the Board (2-1) felt that Councilmember Kastein should refrain from participating in discussions relating to Spring Canyon Park because he had a personal interest in the matter as defined in the Charter. He stated the Board also felt that Councilmember Kastein should in an individual capacity be able to participate in a "personal capacity." He stated if the Council approved the opinion of the Board that the opinion would remain advisory to Councilmember Kastein. He stated it would be Councilmember Kastein's responsibility to determine whether or not he should declare a conflict of interest. Councilmember Tharp stated it was difficult to understand how a Councilmember or other public official could separate themselves from that identity to act as a private citizen. She stated he would still be known as a Councilmember and that his participation would "carry a different kind of weight" than the participation of any another citizen. She stated she believed that he would have a conflict of interest. Mayor Martinez stated he was concerned about Councilmember Kastein's personal rights. He stated he should be allowed to speak for himself and his family even though he was an elected official. Councilmember Tharp requested the City Attorney's reaction. City Attorney Roy stated the Charter rule referred only to "official capacity" involvement and left open the question of"personal capacity" while the State ethical rules said "refrain from participating." He stated the City Code provided as follows: "No Councilmember shall represent any person or interest before the City Council or any board or commission of the City." He stated he interpreted that to mean that a Councilmember shall not appear in a representative capacity but may appear on his or her own behalf. He stated he agreed with the Mayor that this was an attempt to strike a balance by allowing individual private capacity comments in order to protect one's own interests and rights even though the Councilmember must 123 September 21, 2004 declare a conflict of interest and not attempt to influence the decision in an official capacity. He stated the local ethical rules could be changed if the majority of Council felt that they were inappropriate. Councilmember Weitkunat stated this was a difficult decision given the nature of the conflict. She stated each elected representative had a responsibility to constituents. She stated this particular issue related to Councilmember Kastein's proximity to a park and the fact that his property was one of only 12 properties affected. She stated because of that limited number there would be a "direct impact." She stated the Board felt that it was extremely important that he be allowed to maintain his ability as a private citizen and neighborhood participant to speak. She stated she did not believe that any public official could separate their official and personal capacities. She stated she believed in Councilmember Kastein's integrity. Councilmember Bertschy made a motion, seconded by Councilmember Weitkunat, to adopt Resolution 2004-117. Councilmember Bertschy stated the key factor was that Councilmember Kastein would not be permitted to be in the Council Chambers when the action would be taken. He stated his constitutional rights should be protected with regard to his ability to protect his own property. He stated the ability to represent the issue as a citizen should be allowed. Councilmember Hamrick stated it appeared that one of the important factors was the 500 foot rule used by the Land Use Code. He stated it appeared that another conclusion would have been reached if Councilmember Kastein's property was beyond the 500 feet. City Attorney Roy stated the question came up on page 3 of the opinion. He stated if a Councilmember or boardmember's property was beyond the 500 feet that a determination would have to be made on a case -by -case basis depending on the nature of the decision and the nature of the Councilmember's interest in the affected property. He stated in this opinion the Board did not speak directly to the 500 feet but did say on page 4 that the Board believed that the 500 foot rule previously established in an earlier opinion provided a useful guideline. He stated his reading was that this was not a "hard and fast rule" and that if the Councilmember or boardmember's property was within 500 feet that the official would have a conflict of interest, while if the property was beyond 500 feet there might not be a conflict and the issue would need to be looked at on a case -by -case basis. He stated the Charter standard was that if you have a direct and substantial benefit and detriment that was different in kind from that shared by the general public you would have a conflict. He stated the 500 foot rule was a useful guideline but not an absolute standard. Councilmember Tharp asked if Councilmember Kastein could come to a Council meeting and comment about the park. City Attorney Roy stated he believed that Councilmember Kastein would be allowed to do that provided he prefaced his comments with a statement that he was speaking as a private citizen. 124 September 21, 2004 The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Hamrick, Martinez, Roy and Weitkunat. Nays Councilmember Tharp. (Councilmember Kastein absent) THE MOTION CARRIED ("Secretary's Note: Councilmember Kastein returned to the meeting at this point.) Resolution 2004-114 Appointing Two Representatives to the Colorado Municipal League Policy Committee, Adopted The following is staff s memorandum on this item. "EXECUTIVE SUMMARY The Fort Collins City Council recommends that Mayor Ray Martinez and Interim City Manager Darin Atteberry be appointed to represent the City of Fort Collins on the Colorado Municipal League Policy Committee. Appointments to the CML Policy Committee are made each fall and members serve for a one-year period. Each member municipality of the League is entitled to a representative, and all cities over 100, 000 are entitled to designate two representatives. The Policy Committee is responsible for reviewing legislative proposals and recommending to the League Executive Board, positions of support, opposition, no position or amendment to a wide variety of legislation affecting cities and towns. At each annual conference in June, the Policy Committee proposes to the membership, revisions to the League's policies which guide League positions on public policy issues affecting municipalities. The Committee meets three or four times a year, before and during legislative sessions as well as in May prior to the annual conference. " Interim City Manager Atteberry stated staff would be available to answer any questions. Councilmember Weitkunat stated there was a question regarding appointment of Mayor Martinez for a two year term since he would be leaving office. She suggested that rather than appointing someone to replace Mayor Martinez at the time he left office, she would be willing to be appointed to serve. She noted Councilmember Tharp had served as an alternate, had been attending meetings and had indicated an interest in serving. She noted Councilmember Tharp served on numerous other 125 September 21, 2004 committees and was up for re-election in April. She asked if Councilmember Tharp wished to be appointed to the Committee. Councilmember Tharp stated she was serving on many other committees and that she would not object to the appointment of Councilmember Weitkunat to the CML Policy Committee. Councilmember Bertschy made a motion, seconded by Councilmember Roy, to adopt Resolution 2004-114 with insertion of the name Karen Weitkunat instead of Ray Martinez. Councilmember Kastein commended Councilmembers Weitkunat and Tharp for working out a solution. The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Hamrick, Kastein, Martinez, Roy, Tharp and Weitkunat. Nays: None. THE MOTION CARRIED Other Business Councilmember Kastein spoke about the issue of sharing transportation with Loveland and asked if a decision had been made on scheduling of a public meeting on the issue. Interim City Manager Atteberry stated he needed to know if there was Council support for preliminary staff work on the drafting of an intergovernmental agreement. He stated study session agendas were full. Councilmember Bertschy asked if the issue could be brought forward to a formal Council meeting. Interim City Manager Atteberry stated it could be brought forward in the form of a Resolution at a formal meeting to give direction with regard to the staff work. Executive Session Authorized Councilmember Bertschy made a motion, seconded by Councilmember Kastein, to adjourn into Executive Session pursuant to Section 2-31(a)(2) of the City Code to discuss potential litigation and other legal matters with the City Attorney. The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Hamrick, Kastein, Martinez, Tharp and Weitkunat. Nays: Councilmember Roy. THE MOTION CARRIED ("Secretary's Note: The Council adjourned into Executive Session at 8:20 p.m. and reconvened following the Executive Session at 8:35 p.m.) 126 Adjournment The meeting adjourned at 8:35 p.m. Mayor ATTEST: ilvl City Clerk 127 September 21, 2004