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HomeMy WebLinkAboutMINUTES-02/04/1997-RegularFebruary 4, 1997 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council -Manager Form of Government Regular Meeting - 6:30 p.m. A regular meeting of the Council of the City of Fort Collins was held on Tuesday, February 4, 1997, at 6:30 p.m. in the Council Chambers of the City of Fort Collins City Hall. Roll Call was answered by the following Councilmembers: Apt, Azari, Janett, Kneeland, McCluskey, Smith and Wanner. Staff Members Present: Fischbach, Roy, Krajicek. Agenda Review City Manager John Fischbach reported Item #8, Items Relating to the REA Annexation and Zoning, was pulled from the Agenda, and reported names have been inserted in Item #24, Resolution 97-17 Making Appointments to the Affordable Housing Board and the Human Relations Commission. He stated Item #30, Consideration of an Appeal of the Final Decision of the Landmark Preservation Commission in Regard to Painting the Clerestory Windows on the Woolworth/Welch Building, 100 West Mountain Avenue, by PLF Fort Collins LLC (Saltillo Grill), has been pulled from the Agenda and scheduled for the February 18 meeting, and a revised Resolution for Item 931, Items Relating to Adoption of Resolutions Authorizing the Placement of Three Ordinances on the April 8, 1997 Municipal Election Ballot, Related to the Building Community Choices Capital Improvement Program, was put in Council's "Read Before the Meeting" folders. ***CONSENT CALENDAR*** The Consent Calendar consists of Item Numbers 7 through 26. This Calendar is intended to allow the City Council to spend its time and energy on the important items on a lengthy agenda. Staff recommends approval of the Consent Calendar. Anyone may request an item on this calendar to be "pulled" off the Consent Calendar and considered separately. Agenda items pulled from the Consent Calendar by the Public will be considered separately under Agenda Item #27, Public Pulled Consent Items. • • . ..� • • • • •.- November 12 1996, 8. Items Relating to the REA Annexation and Zoning. 285 February 4, 1997 A. Second Reading of Ordinance No. 162, 1996, Annexing Property Known as the REA Annexation to the City of Fort Collins, Colorado. B. Second Reading of Ordinance No. 163, 1996, Amending the Zoning District Map Contained in Chapter 29 of the Code of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the REA Annexation to the City of Fort Collins, Colorado, Into the HB-Highway Zoning District, with a PUD Condition. On December 17, 1996 Council voted unanimously to adopt Resolution 96-153 Setting Forth Findings of Fact and Determinations regarding the REA Annexation. Also on December 17, 1996, Council unanimously adopted Ordinance No. 162, 1996, and Ordinance No. 163, 1996 by a vote of 4-3, annexing and zoning 9.39 acres located on the west side of South College Avenue, south of Harmony Road and the Arbor Plaza Shopping Center, and north of Fossil Creek Nursery. The Burlington Northern Railroad is adjacent along the west property line. The requested zoning is CL - Limited Commercial Zoning District with no PUD condition. The expressed purpose of this request is to develop an automobile sales business for the Spradley-Barr dealership that currently operates at the southwest corner of South College Avenue and Drake Road. The property is developed, having been the headquarters for Poudre Valley REA for many years, and it is in the Business and Commercial Zoning Districts in Larimer County. This is a 100% voluntary annexation. APPLICANT: Spradley-Barr c/o Cityscape Urban Design, Inc. 3555 Stanford Road, Suite 105 Fort Collins, CO 80525 OWNER: Poudre Valley REA 7649 REA Parkway Fort Collins, CO 80528 �� . .. • . WAR ..n-I • .- On November 5, 1996, Council adopted Ordinance No. 132, 1996 approving and authorizing rebate of development fees associated with the construction of a new 180,000 square foot office facility for Hewlett-Packard, Inc. Ordinance No. 3, 1997, which was unanimously adopted on First Reading on January 21, 1997 has been amended. The funding source for the appropriation of $219,267, to be used to rebate development fees to Hewlett- Parkard, Inc., will be from unanticipated use tax revenue received in 1997. NMI February 4, 1997 The City owns the facility known as the Mulberry Water Reclamation Facility, located at 900 Riverside Avenue. The Water Utilities has a project known as the Mulberry Water Reclamation Facility Improvements Project. Ordinance No. 5, 1997, which was unanimously adopted on First Reading on January 21, 1997, provides for the upgrading and replacement of certain building mechanical systems. The upgraded systems provide for increased air exchanges in the buildings to meet current guidelines for wastewater treatment facilities. RPM Staff has determined that there is sufficient demand to warrant establishment of fixed -route bus service on the U.S. Highway 287 corridor between Fort Collins and Loveland, with additional limited service within the City of Loveland. The City of Fort Collins has its own fixed route bus system (Transfort) and has determined that it can provide this additional service. The costs for providing the service would be distributed as outlined above. The proposed Intergovernmental Agreement stipulates that each entity will pay the City of Fort Collins and the City (through Transfort) will provide the service. Ordinance No. 6, 1997, which was unanimously adopted on First Reading on January 21, 1997, appropriates the funds received from the participating entities under the Intergovernmental Agreement, and transfers Community Opportunity and Investment funds in the General Fund to the Transit Services fund for the City's share of the cost of service. 12. First Readina of Ordinance No. 4- 1997 Autboriziniz the City to Grant Non -Exclusive Utilit • Drainage Easements and a Temporar)� the Collindale The Greens at Collindale, PUD is a proposed 33 unit housing development located on 6.42 acres of land adjacent to the 7th fairway and 8th tee boxes at Collindale Golf Course, between the course and Lemay Avenue. In 1985, a street project was initiated to extend Lemay Avenue from Horsetooth Road to the Golden Meadows Subdivision. An eminent domain action was needed to acquire a strip of needed right-of-way across the property that is now known as The Greens at Collindale, PUD. As part of the court settlement, the City agreed that the owners or successors of the Greens would be entitled to obtain an easement to install a sanitary sewer line across the Golf Course property when their property developed. The proposed sanitary sewer line would run through Collindale Golf Course to Sherman Court, to be constructed on the southern Golf Course boundary from the southeast comer of the project property, between the #6 green and the fence line, across a ditch along the #6 fairway/rough area, to Sherman Court. 287 February 4, 1997 During negotiations for this easement, staff and the developer worked out a proposed cooperative agreement to provide an additional ten foot easement for developer storm drainage purposes and to provide a clear separation between The Greens at Collindale, PUD and the Golf Course by construction of earthen berms and adjacent swales along the 7th fairway. Under the proposed agreement, the developer would spend $15,324 to make the improvements on the Golf Course. The cost of the easement is $7,667 which the City would waive under the proposed agreement because the landscaping improvements increase the value of both the Golf Course and the development. The developer would pay to the City for the other easements described the amount of $9,033, which represents their estimated value. 13. First Reading of Ordinance No. 21- 1997. Appropriating Prior Year Use Tax Carryover Reserves and Authorizinia the Transfer of Appropriated Amounts for the Purpose of Providing Street Improvements. Snow Removal and De -Icing of Streets and Constructio of u. • n This Ordinance appropriates $764,000 from prior years reserves in the General Fund, representing revenues collected by the City in 1995 that were above the growth limits imposed by Article X, Section 20 of the Colorado Constitution. Voters approved retention of these revenues by the City at the Special Municipal Election held in conjunction with the Larimer County General Election on November 5, 1996. The additional funds will be used to provide street improvements and repairs including reconstruction and overlays on a variety of streets in 1997. De-icing of streets with alternative de-icing products and installing pavement condition sensors as well as application units. The Streets Department is also continuing the use of alternate de-icers, which consist of liquid and granular materials. The sensors will allow the Streets Department to use these products more effectively. Also included is the construction of approximately 4,500 lineal feet of sidewalk improvements to be constructed in 1997. This will help fill in significant gaps in the sidewalk system. 14. First Reading of Ordinance No 22 1997 Appropriating Prior Year Reserves. Funds were appropriated in 1996 for specific purposes as described below, but not spent. The unspent funds were added to fund reserves at the end of 1996. Appropriations were typically not spent because there was not sufficient time to complete bidding in 1996, and thus there was no known vendor or binding contract to encumber the funds for expenditure in 1997. This ordinance reappropriates the 1996 funds for the same uses as were originally approved by Council in 1996. 15. First ReadinQ of Ordinance No. 23 1997 Amendiniz Section 29-43 of the Code of the City of ••Collins.Comprehensive Rezoning . PIM February 4, 1997 Section 29-43(d) of the Code provides that the Planning and Zoning Board shall not consider any petition for rezoning of land which has been the subject of another rezoning petition within the previous twelve (12) months unless substantial new evidence is submitted which would not reasonably have been presented at the previous hearing. Also, Section 29-43 generally contemplates that rezonings will occur either on "petition" or on "application." The City Plan contemplates neither the filing of a petition nor an application for rezoning since it is a "City initiated" rezoning of a comprehensive nature. In order to avoid the potential for an argument that certain pieces of property cannot be rezoned because of a prior rezoning within the previous twelve (12) months (particularly with respect to areas that were subject to the North College Avenue rezonings), this Ordinance should be adopted by the City Council. If the Ordinance is adopted, it would pre- empt any argument that the City Plan rezoning is improper because it occurred within twelve (12) months of the prior rezoning. It would also clear up the question of whether a rezoning could occur without the filing of a petition or an application when it is a "City initiated" rezoning. The owner of the property, Neva Lawton, is initiating this request for Local Landmark designation for the Clippinger House, 808 West Mountain Avenue. The building is significant for its architectural importance, and is a good example of a modest Queen Anne residence in Fort Collins. The owner of the property, Lenz Construction Company, Inc., is initiating this request for Local Landmark designation for the Poudre Garage, 148 Remington Street. The building is significant for its architectural importance, being a noteworthy example of the Art Deco style of architecture in Fort Collins; and is significant for its historical importance in that the building is a noteworthy product of Civilian Conservation Corps construction in Colorado. 321 East Garfield Street- Fort Collins Colorado. as a Local Landmark Pursuant to Chapte 14 of the •d The owners of the property, Donald and Vicki Mykles, are initiating this request for Local Landmark designation for the Emerson H. Kirkpatrick House, 321 East Garfield Street. The building is significant for its architectural importance, being a good example of the modified Queen Anne style of architecture sometimes referred to as the "Plains Cottage". This six Ems February 4, 1997 room brick and stone residence was constructed in 1905 by C. L. Golladay for Emerson H. Kirkpatrick. Emerson, a stone cutter, lived in the house with his father and mother, Jacob and Nancy Kirkpatrick, through the early 1920's. Colorado-19. First Readinta of Ordinance No 27. 1997, Desianating the Long Apartment Complex- 220 East Laurel Street Fort Collins as a LocalLandmark the •d The owners of the property, Sonia and Howard Nornes and Eleanor and Richard Anderson, are initiating this request for Local Landmark designation for the Long Apartment Complex, 220 East Laurel Street. The building is significant for its architectural importance, in that the apartment complex is among the few large multiple dwelling buildings constructed in Fort Collins during the period of post World War I growth experienced by the city. 20. First Readinsi of Ordinance No 28, 1997- Desianatinja the Watrous House and Garage 301 South Loomis. Fort Collins- Colorado- as a Local Landmark Pursuant to Chapter 14 of the City Cod . The owners of the property, Kenneth Smith and Suzanne Coughlin -Smith, are initiating this request for Local Landmark designation for the Watrous House and Garage, 301 South Loomis. The building is significant for its architectural importance, being a good example of vernacular Queen Anne architecture in Fort Collins; and is significant for its historical importance due to its association with David E. Watrous, a highly regarded Fort Collins newspaperman and historian. The garage contributes to the historic and architectural character of the Property. A. Resolution 97-10 Authorizing an Intergovernmental Agreement with Latimer County for the Purchase and Management of Approximately One -hundred and Sixty Acres of Land for Natural Area Purposes. B. Resolution 97-11 Authorizing an Intergovernmental Agreement with Larimer County for the Purchase and Management of Approximately Eighty-four Acres of Land for Natural Area Purposes. These Resolutions authorize intergovernmental agreements with Larimer County for the acquisition and management of two properties, totaling 244 acres of land, for natural area purposes. The 160-acre Franz property would be added to the existing Cathy Fromme Prairie, east of the Larimer County Landfill. The 84-acre Steppel-White property would be added to the existing Coyote Ridge Natural Area, southwest of the Larimer County Landfill. ►•l, February 4, 1997 Both properties have significant natural values and would help meet the objectives of the Natural Areas Policy Plan, the Parks and Recreation Policy Plan, and the Plan for the Region Between Fort Collins and Loveland. 22. Items Relating to Approval of Reimbursement Agreements Between the City of Fort Collins and Theodore Sewer Line Improvements Oakley Martin C Emo and Michael C Emo Concerning Certain Water and and Street Improvements. A. Resolution 97-12 Authorizing the Mayor to Enter into a Reimbursement Agreement with Theodore Oakey, Martin C. Emo and Michael C. Emo for Partial Reimbursement of the Costs for a Water Line Installed in Wakerobin Lane, Regency Drive and Seneca Street. B. Resolution 97-13 Authorizing the Mayor to Enter into a Reimbursement Agreement with Theodore Oakey, Martin C. Emo and Michael C. Emo for Partial Reimbursement of the Costs for a Water Line Installed in Wakerobin Lane. C. Resolution 97-14 Authorizing the Mayor to Enter into a Reimbursement Agreement with Theodore Oakey, Martin C. Emo and Michael C. Emo for Partial Reimbursement of the Costs for a Sewer Line Installed in Wakerobin Lane. D. Resolution 97-15 Authorizing the Mayor to Enter into a Reimbursement Agreement with Theodore Oakey, Martin C. Emo and Michael C. Emo for Partial Reimbursement of the Costs for the Street Improvements Installed on Wakerobin Lane. On May 6, 1996, the City of Fort Collins ("the City") was served with two Writs of Garnishment in the Theodore Oakey, et al. v. Robert Peterson, et al., Case No. 94 CV 336, filed in Larimer County District Court ("the Garnishment Action"). In the Garnishment Action, the Plaintiff Judgment Creditors, Theodore Oakley, Martin C. Emo and Michael C. Emo ("the Judgment Creditors") served the City with the Writs of Garnishment seeking to garnish from the City any monies it owed to Robert Peterson, one of the Judgment Debtors in the Garnishment Action ("the Judgment Debtor"). To settle the Garnishment Action, the City and the Judgment Creditors entered into a Stipulation dated December 9, 1996 ("the Stipulation"), pursuant to which the parties settled the Judgment Creditors' claims to garnish the oversizing payments due to the Judgment Debtor under the Development Agreements for the oversizing of certain water and sewer lines and street improvements. The City and the Judgment Creditors further agreed in the Stipulation that they would enter into reimbursement agreements as contemplated in the Development Agreements which reimbursement agreements would entitle the Judgment 291 February 4, 1997 Creditors to receive reimbursement for a portion of their costs to install water and sewer lines and streets through undeveloped areas of the City as adjacent properties were developed and benefitted by such improvements. However, the reimbursement agreements were made expressly contingent upon the City Council approving such agreements by resolution on or before February 4, 1997. By adopting each of the four proposed Resolutions, the Council would be approving these reimbursement agreements between the City and the Judgment Creditors. 23. Resolution 97-16 Adopting the Recommendation of the Cultural Resources Board Regarding Fort Fund Disbursements. The Cultural Development and Programming Account (Fort Fund) is funded by an allocation of the lodging tax revenues. Applications are reviewed by the Cultural Resources Board of the City of Fort Collins and recommendations to fund events are submitted to the Fort Collins City Council for final approval. 24. Resolution 97-17 Making Appointments to the Affordable Housing Board and the Human Relations Commission. A vacancy currently exists on the Affordable Housing Board due to the resignation of Mary Cosgrove. One application was received since the annual appointment process and Councilmembers Janett and Azari interviewed that applicant. Applications on file were also reviewed. Vacancies currently exist on the Human Relations Commission due to the resignations of April Troy, Shari Olson, and Carl Cooper. Applications were solicited and Councilmembers Azari and Janett conducted interviews. Names will be inserted prior to adoption of this Resolution. • iii •mns ummumu-nonramrmrsTows inimumm, ourAISIMIM u•. .•u _ This matter has been continued several times by the Council, upon the stipulation of the parties. The parties are again requesting that consideration of the appeal be postponed until February 18 to allow additional time for further negotiations. 292 February 4, 1997 A. Deed of Easement from Lawrence Pexton, Lydia Collopy, and Francis Collopy for the purpose of permanent utility; permanent utility, access and drainage; and temporary storm water detention, located on Mason Street, south of Troutman Parkway. Monetary consideration: $10. B. Deed of Easement from George Holter for the purpose of permanent utility, located on Mason Street, north of Troutman Parkway. Monetary consideration: $0. C. Deed of Easement from George Holter for the purpose of permanent utility, located on Mason Street, north of Troutman Parkway. Monetary consideration: $0. D. Deed of Easement from Overlook Farm, Inc., for the purpose of temporary grading and drainage located at northwest corner of Prospect Road and Interstate 25. Monetary consideration: $0. E. Deed of Easement from Overlook Farm, Inc., for the purpose of temporary slope and grading located at the northwest comer of Prospect Road and interstate 25. Monetary consideration: $0. F. Deed of Easement from Garth Development, Inc., for the purpose of permanent drainage located on Mason Street north of Troutman Parkway. Monetary consideration: $0. G. Deed of Easement from Garth Development, Inc., for the purpose of permanent utility and drainage located on Mason Street north of Troutman Parkway. Monetary consideration: $0. H. Deed of Easement from Garth Development, Inc., for the purpose of permanent access located on Mason Street north of Troutman Parkway. Monetary consideration: $0. Items on Second Reading were read by title by City Clerk Wanda Krajicek. 8. A. Second Reading of Ordinance No. 162 1996 Annexing Property Known as the RE Annexation to the City of Fort Collins- Colorado, : •! 1 \'.1 1 • 1 • I.le 1 ' \• • ••• . 11"11 41 • 1 1 •_ ' 1• 1' ' 11-• 1 1-1 1 1" :11- • 1 • 1' 1 1 • 1FRIVINI 1 . 1 •n uirsitinei: • IF 1 1 • / ' • • 1 1 293 February 4, 1997 A. Second Reading of Ordinance No. 8, 1997, Submitting Proposed Amendments to Articles II, V, and XII of the City Charter, Pertaining to the Governance of the Electric Utility, to a Vote of the Registered Electors of the City of Fort Collins. (Proposed Charter Amendment No. 1) B. Second Reading of Ordinance No. 9, 1997, Submitting Proposed Amendments to Article XII of the City Charter, Pertaining to Municipal Public Utilities, to a Vote of the Registered Electors of the City of Fort Collins. (Proposed Charter Amendment No. 2) C. Second Reading of Ordinance No. 11, 1997, Submitting Proposed Amendments to Articles VM, IX, and X of the City Charter, Pertaining to Elections, to a Vote of the Registered Electors of the City of Fort Collins. (Proposed Charter Amendment No. 4) D. Second Reading of Ordinance No. 12, 1997, Submitting Proposed Amendments to Article V of the City Charter, Pertaining to Finance Management, to a Vote of the Registered Electors of the City of Fort Collins. (Proposed Charter Amendment No. 5) E. Second Reading of Ordinance No. 14, 1997, Submitting Proposed Amendments to Article 11, Section 11, of the City Charter, Pertaining to Council Meetings, to a Vote of the Registered Electors of the City of Fort Collins. (Proposed Charter Amendment No. 7) F. Second Reading of Ordinance No. 15, 1997, Submitting Proposed Amendments to Articles I and 11 of the City Charter, Pertaining to the City Council, to a Vote of the NIM February 4, 1997 Registered Electors of the City of Fort Collins. (Proposed Charter Amendment No. 8) G. Second Reading of Ordinance No. 16, 1997, Submitting Proposed Amendments to Article II, Section 3, of the City Charter, Pertaining to Council Compensation, to a Vote of the Registered Electors of the City of Fort Collins. (Proposed Charter Amendment No. 9) H. Second Reading of Ordinance No. 17, 1997, Submitting Proposed Amendments to Article IV, Section 16, of the City Charter, Pertaining to Limitation of Actions, to a Vote of the Registered Electors of the City of Fort Collins. (Proposed Charter Amendment No. 10) I. Second Reading of Ordinance No. 18, 1997, Submitting Proposed Amendments to Article IV, Section 1, of the City Charter, Pertaining to Boards and Commissions, to a Vote of the Registered Electors of the City of Fort Collins. (Proposed Charter Amendment No. 11) J. Second Reading of Ordinance No. 19, 1997, Submitting Certain Proposed Miscellaneous Amendments to Articles IV and XI of the City Charter, to a Vote of the Registered Electors of the City of Fort Collins. (Proposed Charter Amendment No. 12) K. Second Reading of Ordinance No. 10, 1997, Submitting Proposed Amendments to Article IV, Section 9, of the City Charter, Pertaining to Conflicts of Interest, to a Vote of the Registered Electors of the City of Fort Collins. (Proposed Charter Amendment No. 3). L. Second Reading of Ordinance No. 13, 1997, Submitting Proposed Amendment to Various Articles of the City Charter, Pertaining to Residency Requirements, to a Vote of the Registered Electors of the City of Fort Collins. (Proposed Charter Amendment No. 6). Items on First Reading were read by title by City Clerk Wanda Krajicek. • �•, •MEN M 295 February 4, 1997 P976706 I' GM • ownt MTs•. C-n• i. • o• • Wrfflawarlrf .i . •� • . 411 ' ' 14. First Reading of Ordinance No 22 1997 Appropriating Prior Year Reserves. 18. First Readina of Ordinance No. 26 1997- Desianat"na the Emerson H Kirkpatrick House 321 East Garfield Street- Fort Collins. Colorado as a Local Landmark Pursuant to Chapte 14 of h' City Cod 19. First Readina of Ordinance No 27- 1997- Designating the Long Apartment Complex- 220 East Laurel Street Fort Collins• • ..• as a Locald1le Pursuant to Chapter the City •. 20. First Reading of Ordinance No 28 1997- Desianating the Watrous House and Garaize 301 South Loomis Fort Collins- Colorado as a Local Landmark Pursuant to Chapter 14 of the City Cod . Councilmember Kneeland made a motion, seconded by Councilmember Smith, to adopt and approve all items not removed from the Consent Agenda. Yeas: Councilmembers Apt, Azari, Janett, Kneeland, McCluskey, Smith and Wanner. Nays: None. THE MOTION CARRIED. City Manager John Fischbach reported the Timberline Design and Construction Authorization has been moved from the February 18 Agenda to the March 4 agenda, and the Master Street Plan - Overland Trail (Drake Rd. to Co. Rd. 38E) has been moved from the March 4 Agenda to the March 18 Agenda. 296 February 4, 1997 Councilmember Reports Councilmember Kneeland stated the Health and Safety Committee met and discussed the Human Rights Ordinance. Councilmember Smith reported on a meeting of the Public Access Committee. Councilmember Kneeland reported the Poudre R-1 Liaison Committee met and discussed legislative issues, in particular using GOCO funds for education purposes and of the need for a state-wide tax restructuring. Councilmember Apt reported the Legislative Review Committee met, stating the discussion focused on the opposition of the Norton's Takings Bill, and reported that if adopted, it would greatly restrict control of municipalities regarding land -use decisions. He spoke of GOCO funds being used for education and capital construction and of a recent Northern Colorado Regional Cities meeting. Councilmember Janett spoke of the natural areas purchase, adopted on the Consent Agenda, and commented on the landmark designations also on the Consent Agenda. Consideration of an Appeal of the Final Decision of the Landmark Preservation Commission in Regard to Painting the Clerestory Windows on the Woolworth/Welch Building, 100 West Mountain Avenue, by P .F Fort Collins LLC. (Saltillo Grill). Postponed to February 18, The following is staffs memorandum on this item. "Executive .Summary The Woolworth/Welch Building at 100 West Mountain Avenue is a local landmark. On December 10, 1996, the Landmark Preservation Commission held a public hearing to discuss painting of the clerestory windows. The Commission found that the window painting was not in compliance with the Secretary of Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings and directed that the paint be removed The applicants, PLF Fort Collins LLC, have appealed the decision of the Commission. BACKGROUND: The Woolworth/Welch Building at 100 West Mountain Avenue, the former location of Pour La France now occupied by Saltillo Grill, was designated as a Local Landmark on July 20, 1993. 297 February 4, 1997 It was brought to the Landmark Preservation Commission's attention that alterations to the building had occurred without the City's approval (Section 14-47 of the Landmark Preservation Code states that "no improvements shall be erected, removed, restored, demolished or altered including alteration of color without prior written approval of the Landmark Preservation Commission') In this case, awnings had been removed, awning supports had been painted black, and clerestory windows visible from the public right-of-way had been painted. On November 11, 1996, after the removal of the old awnings, but prior to the painting of the clerestory windows, City staff contacted Erin Dando, General Manager of Saltillo, informing her of the violation of City Code and the provisions of the Landmark Preservation Code. On December 10, 1996, the Landmark Preservation Commission held a public hearing to discuss the alterations made to the Woolworth/Welch Building. Mr. A.B. Tellez, a partner in Saltillo Grill, met with the Commission. The owners requested that the window paint remain until the awnings were replaced because the original awnings had already been disposed of. The paint was done as a temporary measure to control sunlight until new awnings could be installed Mr. Tellez was very indefinite about the time schedule for installation of the awnings, from a few days to a few months, depending on how successful the restaurant is. Alternative treatments were discussed that would block the sun without affecting the exterior appearance of the historic building. All Commission members had personally seen the painted windows, and a photograph of the building was available at the meeting. The Commission found that the window painting was not in character with the historic structure and directed that the paint on the windows be removed within 10 days. As an individual Local Landmark, design review is subject to the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings. The window painting does not meet Standard #2 - The distinguishing original qualities or character of a building, structure, or site and its environment shall not be destroyed The removal or alteration of any historic material or distinctive architectural features should be avoided when possible; #S - Distinetive stylistic features or examples of .skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity; and #9 - Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, and such design is compatible with the size, scale color, material, and character of the property, neighborhood or environment. The windows in question are distinctive architectural features that should not be altered; further, the checkerboard painting is not sensitive to, nor compatible with, the color and historic character of the building. On December 23, 1996, PLFFort Collins LLC, the parent company of Saltillo Grill, filed an appeal of the Commission's decision concerning removing the paint on the transom windows. The appeal FIE February 4, 1997 is based upon Section 2-48 number (2) c. - considering substantially false or grossly misleading evidence. Further, PLF Fort Collins LLC maintains that some Commission members voted without actually seeing the paint in question. On January 14, 1997, Erin Dando attended the meeting of the Landmark Preservation Commission on behalf of PLF Fort Collins LLC At this meeting, the Commission reviewed and approved new awnings for the building. Again, PLF Fort Collins LLC could provide no definite time schedule for installation of the new awnings. Ms. Dando informed the Commission of Saltillo 's desire to retain the paint on the windows, even after the new awnings are installed. Staff recommends that the City Council uphold the decision of the Landmark Preservation Commission. No videotape is available of the December 10, 1996 Landmark Preservation Hearing because the meeting was not televised. " City Attorney Steve Roy stated the appellant has requested this item be postponed to February 18, reporting that the appellant would like to meet with the Landmark Preservation Commission first. Councilmember McCluskey made a motion, seconded by Councilmember Apt, to postpone consideration of this item to February 18, 1997. Yeas: Councilmembers Apt, Azari, Janett, Kneeland, McCluskey, Smith and Wanner. Nays: None. THE MOTION CARRIED. Items Relating to Adoption of Resolutions Authorizing the Placement of Three Ordinances on the April 8, 1997 Municipal Election Ballot, Related to the Building Community Choices Capital Improvement Program. Adopted as Amended. The following is staffs memorandum on this item. Executive Summary A. Resolution 97-18 Submitting to the Registered Electors of the City an Ordinance Extending a. 25% Sales and Use Tax for a Period of Eight Years, for the Purpose of Funding Natural Areas, Trails and Various Parks Projects. B. Resolution 97-19 Submitting to the Registered Electors of the City an Ordinance Extending a. 25% Sales and Use Tax for a Period of Eight Years, for the Purpose of Funding Street Maintenance and Transportation Projects. 299 February 4, 1997 C. Resolution 97-20 Submitting to the Registered Electors of the City an Ordinance Extending a .25% Sales and Use Tax for a Period of Eight Years, for the Purpose of Completing Building Community Choices Projects. On January 14, City Council selected a list of capital improvement projects to be included on the April 8 ballot. Council also gave direction to staff to prepare ballot language placing three packages ofprojects on the ballot. The packages presented in the attached resolutions include the following projects: Natural Areas and Parks: Natural Areas and Trail Acquisition, Construction, Enhancement and Maintenance Community Horticulture Center Fossil Creek Community Park Construction Community Park Improvements Regional Trails Streets and Transportation: Street Maintenance and Overlay Program Annual Pedestrian Improvements Mason Street Transportation Corridor North College Corridor Improvements Building Community Choices Projects: Prospect Road Improvements, Poudre River to Summitview Drive Northeast Truck Route Taft Hill Road Improvements, Drake to Derby Shields Street Improvements, Horsetooth to Troutman New Northside Azdan Community Center Construction City/School District Community Projects Land Acquisition and/or Initial Design for New Police Building Library Computers and Information Enhancements EPIC Studio Ice Rink Land Acquisition and/or Initial Design for New Library Land Acquisition and/or Initial Design for New Performing Arts Center Council discussed a number of issues at the January 14 Study Session, including uses of excess revenues, changes to projects in the fixture, financial shortfalls and Council responsibilityfor future decisions regarding projects. Using this feedback, and that received at the Jamarry 28 Study Session, staff has drafted ordinances and ballot language to accomplish Council's desired outcomes. The following summarizes key points found in the proposed ordinances and ballot language: 300 February 4, 1997 Ballot Package No.]. Natural Areas and Parks Tax This resolution would submit an ordinance to the voters which, if approved, would extend the natural areas tax for eight years under the following terms and conditions: $27 million would be reserved for the "acquisition, construction, enhancement and maintenance of natural areas and trails. " The park projects listed on Exhibit A to the ordinance would be constructed unless the Council determines by resolution, after receiving a recommendation from the City Manager and the City's Financial Officer, that (1) the construction of any project would result in the City having less than a total of $27 million available for natural areas prior to the expiration of the tax, or (2) it is no longer legally or financially feasible to undertake and complete a project without substantially altering the essential character of the project. The design, cost and scheduling of the projects would be up to the Council so long as the essential character of the projects was preserved. Additional monies could be added to the projects, so long as that did not put other projects injeopardy. Excess revenues generated by the tax would be used tinder Option A exclusively for natural areas and, under Option B, for either additional natural areas or park projects of the City. Ballot Package No. 2. Street Maintenance and Transportation Tax. The next resolution would .submit an ordinance that, if approved by the voters, would also extend the quarter -cent tax for street maintenance and overlay for a period of eight years. The revenues from this tax would be used for ongoing street maintenance and overlay and for certain transportation projects described in Exhibit A to the ordinance. 777e following terms and conditions would apply: The design, cost and scheduling of the projects would be up to the Council so long as the essential character of the projects was preserved. The park projects listed on Exhibit A to the ordinance would be constructed unless: (1) insufficient revenues were available from the tax to fully fund their construction, or (2) the Council determined that is was no longer legally or financially feasible to undertake and complete a project without substantially altering its essential character. Excess revenues generated by the tax would be used for street maintenance and overlay. Ballot Package No. 3, "Building Commun6 Choices Capital Improvement Program'. The third resolution would submit an ordinance that, if approved by voters, would fund the remaining projects approved by the Council as part of the Building Community Choices Capital Improvement Program. Again, the tax would be extended for a period of eight years and would be subject to the following terms and conditions: The design, cost and scheduling of the projects would be up to the Council so long as the essential character of the projects was preserved. 301 February 4, 1997 With the exception of the EPIC Studio Ice Rink project, all of the projects would be constructed unless: (1) revenues proved to be insufficient, or (2) the Council determined that it was no longer legally or financially feasible to undertake and complete a project without substantially altering its essential character. The EPIC Studio Ice Rink would only be constructed if matching private sector funds are provided prior to the end of the tax term in 2005. Excess revenues generated by the tax would be used for any other capital project approved by the Council. Land acquisition funds could also be used for initial design, if the land acquisition portion of the project is satisfied through some other method or costs less than anticipated. " Assistant City Manager Frank Bruno gave a brief presentation on this item and spoke of the outreach that was done. Council Policy Analyst Ann Turnquist acknowledged and thanked staff for its hard work over the past year and highlighted changes to the Exhibits which were requested by Council. City Attorney Steve Roy clarified the ballot language in each of the proposals would be amended to include the reference "Building Community Choices Capital Improvement Program", and spoke of minor changes between First and Second Readings. Turnquist explained the differences in inflation calculations, stating inflation is not built into dollar amounts for natural areas or street maintenance. Councilmember Kneeland asked if it would be acceptable to abandon a project if it became legally or financially impossible and asked if the money could be used to fund basic services if needed. City Attorney Steve Roy clarified the funds identified could not be used for other municipal purposes and if the revenues from any source are less than anticipated, cut backs would have to be made. Assistant to the Director of Cultural, Library and Recreational Services Marty Heffernan reported on the size of the studio rink and clarified the project does not include bleachers. He responded to questions regarding low-income users, stating subsidies are, and would be, available for low-income users. Councilmember Smith made a motion, seconded by Councilmember Apt, to adopt Resolution 97-18 Option A. Phil Walker, 636 Cheyenne Drive, expressed support for the Capital Improvement Program and urged Council to adopt the Resolution. 302 February 4, 1997 Roy spoke of the differences between the Options, reporting Option B allows for excess revenues to be used for park projects, and natural areas and trails. Tumquist stated the majority of community and neighborhood parks would be funded without using this sales tax. She stated the park improvement package is not currently included in this package. After a brief discussion City Attorney Steve Roy suggested, to be consistent, the 5th line of Section 3 should read: "shall be used for the acquisition, construction, enhancement and maintenance of natural areas, open lands and trails as described on Exhibit A. ". Councilmember Smith spoke in support of the motion and of the need to continue support of natural areas. Councilmember Apt supported the motion and stated the majority of funding for natural areas has come from citizen initiatives stating this issue was placed on previous ballots by citizens. The vote on Councilmember Smith's motion to adopt Resolution 97-18, Option A, as amended was as follows: Yeas: Councilmembers Apt, Azari, Janett, Kneeland, McCloskey, Smith and Wanner. Nays: None. YUNCE 11d1#NL#WX=U1 J Councilmember Kneeland made a motion, seconded by Councilmember Wanner, to adopt Resolution 97-19. City Manager John Fischbach offered an amendment under annual pedestrian improvements to read as follows: "The planning design right-of-way acquisition, and other project costs, may he included", under North College Corridor Improvements adding the following sentence; "planning, design, right-of-way acquisition and other project costs may be included'. Councilmember Kneeland accepted the amendment as a friendly amendment to her previous motion. Councilmember Kneeland supported the Resolution and the additions to the descriptions and spoke of the need for street maintenance. She expressed her enthusiasm regarding the Mason Street Transportation Corridor. Councilmember Janett spoke in support of the Mason Street and North College Avenue Corridor, stating as an excellent comprehensive transportation package. The vote on Councilmember Kneeland's motion to adopt Resolution 97-19 was as follows: Yeas: Councilmembers Apt, Azari, Janett, Kneeland, McCluskey, Smith and Wanner. Nays: None. 303 February 4, 1997 Yli'IAli•(iTiRiN113 Councilmember McCluskey made a motion, seconded by Councilmember Wanner, to adopt Resolution 97-20. City Manager John Fischbach offered the following amendments: 1) Prospect Road Improvements - adding the following sentence "Planning, design, right-of-way acquisition, and other project costs may be included";2) Northeast Truck Route - "This project will provide for the planning, design, right-of-way acquisition, and/or other project costs associated with road improvements for an alternative truck route in the northeast quadrant of the City"; and 3) adding the following sentence in the Shield Street Improvements - Horsetooth Road to Troutman Parkway "Planning, design, right- of-way acquisition, and other project costs may be included". Councilmember McCluskey spoke in support of the Resolution and stressed the importance of working in partnership with Poudre R-1 School District. Councilmember Apt stated he was pleased that many of the identified improvements are occurring on the northern section of the city. The vote on Councilmember McCluskey's motion to adopt Resolution 97-20 as amended was as follows: Yeas: Councilmembers Apt, Azari, Janett, Kneeland, McCluskey, Smith and Wanner. Nays: None. THE MOTION CARRIED. Mayor Azari spoke of the concerns residents have regarding the Northside Atzlan Center and of their desire to participate in its development. Items Relating to Proposed Charter Amendments to be Placed on the April 8. 1997. Municipal Election Ballot. Adopted as Amended. The following is staffs memorandum on this item. "Executive Summary A. Second Reading of Ordinance No. 8, 1997, Submitting Proposed Amendments to Articles II, V, and XII of the City Charter, Pertaining to the Governance of the Electric Utility, to a Vote of the Registered Electors of the City of Fort Collins. (Proposed Charter Amendment No. 1) Ordinance No. 8, 1997, would enable the Council (by ordinance) to create a separate Electric Utility Board with specified duties and authority at such time as the Council deems tM February 4, 1997 necessary. Until such time that a .separate board is created, the Council could authorize (by resolution) the City Manager to adopt separate policies, rules, regulations, and procedures to govern the operation of the Electric Utility. B. Second Reading of Ordinance No. 9, 1997, Suhmitting Proposed Amendments to Article XII of the City Charter, Pertaining to Municipal Public Utilities, to a Vote of the Registered Electors of the City of Fort Collins. (Proposed Charter Amendment No. 2) Ordinance No. 9, 1997, would allow the Electric Utility Board to provide such additional ancillary services as it determined to be beneficial to the electric utility ratepayers. It would allow surplus water rates to be set by the City Manager; permit the rental of raw water to users both inside and outside the City limits, subject to any interruption in use as may be necessary in the judgement of the City Manager, speck that council, by ordinance, shall fix the rates or charges for treated water, wastewater, .stormwater and electricity; and clarify that the amount of the PILOT may include amounts that would he paid to the City by a private utility provider in the form of both taxes and franchise fees. C. Second Reading of Ordinance No. 11, 1997, Submitting Proposed Amendments to Articles VIII, IX, and X of the City Charter, Pertaining to Elections, to a Vote of the Registered Electors of the City of Fort Collins. (Proposed Charter Amendment No. 4) It should be noted that, in addition to the proposed amendments reviewed by the Council on first reading of this Ordinance, staff is recommending another change to Article X of the Charter pertaining to initiative and referendum. At present, Section 3 of that Article states that an ordinance or resolution adopted by electoral vote under either the initiative or the referendum process cannot be appealed or amended except by electoral vote. Under the revisions proposed to date, the substance of this provision would remain unchanged, although it would be moved to anew section within the same Article. Staff is recommending, however, that this provision be limited to initiated measures, rather than referred measures. (The proposed new changes appear in bold on page 14 of the ordinance.) The reasoning for this recommendation is that, in the past, certain measures approved by the City Council have been referred to and approved by, the voters. One example of this is the Smoking Ordinance, which was referred to the voters by the Council itself after its adoption by the Council. Staff believes that, when an item is referred to the voters for "ratification" of Council action, and such approval is given by the voters, future Councils should have the ability to modify that ordinance or resolution without the need for subsequent voter approval On the other hand, when an initiated measure is approved in the first instance by the voters, then it makes sense for the voters to have to approve any subsequent amendment or repeal of the measure. 305 February 4, 1997 Ordinance No. 11, 1997, would make changes related to elections and election procedures. Many of the changes are for administrative purposes to make it easier to conduct mail ballot elections and to remove redundant provisions echoed by state statute. D. Second Reading of Ordinance No. 12, 1997, Submitting Proposed Amendments to Article V of the City Charter, Pertaining to Finance Management, to a Vote of the Registered Electors of the City of Fort Collins. (Proposed Charter Amendment No. 5) Ordinance No. 12, 1997, would update and clarify the financial provisions of the Charter. It would authorize Council to set by ordinance the number of years to be covered by the City budget. E. Second Reading of Ordinance No. 14, 1997, Submitting Proposed Amendments to Article II, Section H, of the City Charter, Pertaining to Council Meetings, to a Vote of the Registered Electors of the City of Fort Collins. (Proposed Charter Amendment No. 7) Ordinance No. 14, 1997, (Option B as presented on January 21) clarifies the number of Councilmembers that need to be present and voting in order for Council to take action on any item and expands the purposes of an executive session. F. Second Reading of Ordinance No. 15, 1997, Submitting Proposed Amendments to Articles I and H of the City Charter, Pertaining to the City Council, to a Vote of the Registered Electors of the City of Fort Collins. (Proposed Charter Amendment No. 8) Ordinance No. 15, 1997, (Option A as presented on January 21) would eliminate obsolete language for transitioning into the current District Councilmember system and would establish a formula to determine when redistricting is necessary. G. Second Reading of Ordinance No. 16, 1997, Submitting Proposed Amendments to Article II, Section 3, of the City Charter, Pertaining to Council Compensation, to a Vote of the Registered Electors of the City of Fort Collins. (Proposed Charter Amendment No. 9) Ordinance No. 16, 1997, (Option A as presented and amended on January 21) pertains to Council compensation. It would propose an increase in Councilmember compensation from $250 per month to $500 per month and from $500 per month to $750 per month for the Mayor. It also provides that the compensation be adjusted annually for inflation in accordance with the Denver/Boulder Consumer Price Index. H. Second Reading of Ordinance No. 17, 1997, Submitting Proposed Amendments to Article IV, Section 16, of the City Charter, Pertaining to Limitation of Actions, to a Vote of the Registered Electors of the City of Fort Collins. (Proposed Charter Amendment No. 10) 306 February 4, 1997 Ordinance No. 17, 1997, relates to the .statute of limitations for Charter violations. It provides that no person shall be prosecuted, tried or punished for any Charter violation unless the action alleging such violation is brought within one year of the commission of the violation. I. Second Reading of Ordinance No. 18, 1997, Submitting Proposed Amendments to Article IV, Section 1, of the City Charter, Pertaining to Boards and Commissions, to a Vote of the Registered Electors of the City of Fort Collins. (Proposed Charter Amendment No. 11) Ordinance No. 18, 1997, relates to boards and commissions. It removes the requirement for four-year terms for board and commission members and removes the provision specifying the board and commission members are to serve without pay. J. Second Reading of Ordinance No. 19, 1997, Submitting Certain Proposed Miscellaneous Amendments to Articles IV and XI of the City Charter, to a Vote of the Registered Electors of the City of Fort Collins. (Proposed Charter Amendment No. 12) Ordinance No. 19, 1997, makes minor editorial changes to several articles of the Charter and clarifies that when legal notice is required by the Charter or by any ordinance, rule or regulation of the City, such notice shall he by publication. On January 21, 1997, Council unanimously adopted the above ten ordinances on First Reading. Since the ten ordinances were adopted unanimously, Council could, if desired, consider one motion to adopt the ten ordinances on Second Reading, thus creating a "Charter Amendment Consent Agenda". Complete descriptions are contained in the January 21 Agenda Item Summary which is attached **END CHARTER AMENDMENT CONSENT AGENDA ** Councilmember Wanner requested that Item "I", Second Reading of Ordinance No. 18, 1997, Submitting Proposed Amendments to Article IV, Section 1, of the City Charter, Pertaining to Boards and Commissions, to a Vote of the Registered Electors of the City of Fort Collins, be withdrawn from the Charter Amendment Consent Agenda. Councilmember Kneeland made a motion, seconded by Councilmember Apt, to adopt and approve all items not removed from the Charter Amendment Consent Agenda. Yeas: Councilmembers Apt, Azari, Janett, Kneeland, McCloskey, Smith and Wanner. Nays: None. THE MOTION CARRIED. 307 February 4, 1997 I. Second Reading of Ordinance No. 18, 1997, Submitting Proposed Amendments to Article IV, Section 1, of the City Charter, Pertaining to Boards and Commissions, to a Vote of the Registered Electors of the City of Fort Collins. Ordinance No. 18, 1997, relates to boards and commissions. It removes the requirement for four-year terms for board and commission members and removes the provision specifying the board and commission members are to serve without pay. " Councilmember Smith expressed concerns regarding how salaries might be determined for Boards. City Attorney Steve Roy stated the compensation issue was discussed during discussions of the proposed Electric Utility Board and was brought about due to concerns that in the event that the duties of the Board became extensive, the City could compensate the Board. He clarified Council would make any compensation decisions. Mayor Azari spoke of the amount of time and effort put in by some Boards and Commissions and supported offering them an honorarium for their services. She believed a few of the Boards and Commissions were asked to serve beyond what is expected of a volunteer Board. Councilmember Smith made a motion, seconded by Councilmember Wanner, to adopt Ordinance No. 18, 1997 on Second Reading. City Attorney Steve Roy offered a friendly amendment to Section 1 of the Charter language after Subsection a(3): "establish the amount of compensation, if any, to be paid to the Board and Commission members; and". The existing Subsection a(3) would be changed to Subsection a(4) changing the ballot language to read as follows: "amendments to Article 4, Section 1, of the Charter of the City of Fort Collins stating that the Ordinance establishing Boards and Commissions of the City shall prescribe the powers, duties, terms of office, operating procedures and compensation, if any, of such Board and Commission members...... Councilmembers Smith and Wanner accepted the amendment as a friendly amendment to their previous motion. The vote on Councilmember Smith's motion as amended was as follows: Yeas: Councilmembers Apt, Azari, Janett, Kneeland, McCloskey, Smith and Wanner. Nays: None. THE MOTION CARRIED. Ordinance No. 10, 1997, Submitting Proposed Amendments to Article IV, Section 9, of the City Charter, Pertaining to Conflicts of Interest, to a Vote of the Registered Electors of the City of Fort Collins. Postponed on Second Reading to February 11. 9M February 4, 1997 Ordinance No. 10, 1997, (Option B as presented on January 21) relates to conflict of interest provisions. It modifies the definition of 'Personal interest ", authorizes the City to exclude authorities of the Cityfrom the City'.s conflict of interest rules if they are governed by Stale rules, and limits the prohibition against officers or employees of the City having a financial interest in sales to the City to situations where the officer or employee has .some official capacity involvement in the sale. On first reading, the Council adopted Option `B " of the Ordinance which would also modi& one of the exceptions to the definition of "financial interest. " The City Attorney was directed to explore further modifications of the definition of financial interest between first and second reading. The City Attorney is presently recommending that no change be made to the definition of financial interest. He is also recommending that the Council adopt Option A of the Ordinance rather than Option B. The reasons for these recommendations are contained in a separate memorandum from the City Attorney. Essentially, that recommendation is based upon the City Attorney's opinion that the definitions contained in the financial interest section have proved to be useful and effective in the past and are not in need of revision. The City Attorney is also recommending that the definition of 'personal interest" be filrther modified so as to cover both financial benefits and detriments. This is because a particular decision or recommendation of the City in which an officer or employee participates could have either a positive or negative impact on that individual, and a "direct and substantial" effect on the officer or employee that is different in kind from that experienced by the general public should create a conflict of interest, regardless of whether the effect is positive or negative. Staff has made additional language clarifications to Ordinance No. 10, 1997, to address Council concerns heard at the time of First Reading consideration." City Attorney Steve Roy stated he was not comfortable that Council would be receiving the best possible change to the above Charter provision. He suggested the proposed Charter amendment be postponed until the adjourned meeting of February 11 to allow him to work on refining the language. Councilmembers Wanner and McCloskey volunteered to work on the language for the Charter provisions with the City Attorney. Councilmember Smith made a motion, seconded by Councilmember Wanner, to postpone consideration of this item to the adjourned meeting of February 11. Yeas: Councilmembers Apt, Azari, Janett, Kneeland, McCloskey, Smith and Wanner. Nays: None. THE MOTION CARRIED. 9 February 4, 1997 Ordinance No. 13, 1997, Submitting Proposed Amendment to Various Articles of the City Charter, Pertaining to Residency Requirements, to a Vote of the Registered Electors of the City of Fort Collins. Adopted as Amended on Second Reading. Ordinance No. 13, 1997, (Option D as presented and amended on January 21) would amend the residency requirements for certain key .staff. It adds a requirement that the Deputy City Managers, Assistant City Managers, City Attorney and Municipal Judge reside within the Urban Growth Area. " City Attorney Steve Roy withdrew from discussion on this item due to a perceived conflict of interest. Councilmember Kneeland made a motion, seconded by Councilmember Smith, to adopt Ordinance No. 13, 1997 on Second Reading. Councilmember Janett made a motion, seconded by Councilmember Wanner, amending the previous motion and removing the requirement that the City Attorney and Municipal Judge must reside with the Urban Growth Area. John Huisjen, 4605 South County Road 3F, spoke of the need for flexibility in residency requirements and suggested that Directors and Department Heads reside within the Urban Growth Area. Assistant City Attorney John Duval clarified the Charter currently states that the City Manager, City Attorney and Municipal Court Judge shall live in the City limits, clarifying the amendment on the floor would read as follows: "the City Clerk would reside in the UGA , the City Manager would live within the City limits, Department Heads, Service Area Directors, Deputy City Manager and Assistant City Managers would reside in the UGA and there would be no residency requirements for the Muncipal Judge or City Attorney. Councilmember Smith spoke in opposition to the motion. Councilmember Janett, as maker of the motion, stated if in the future the position of City Attorney or Municipal Judge are "contracted out" for a specific length of time it would not be fair to place a residency requirement restriction on them. She stated the City Attorney and Municipal Judge positions are independent and added she believed upper management positions should live within the City limits in order to experience service levels and programs that they are upholding. Councilmember Kneeland opposed the motion, stating if hiring practices change, the Charter could be amended with regard to residency requirements. 310 February 4, 1997 Councilmember McCluskey spoke of the need for flexibility and supported the motion. Mayor Azari spoke in support of the amendment, stating residency issues could be addressed during contract negotiations. She opposed changing the Charter stating it would be a very difficult task. The vote on Councilmember Janett's amendment was as follows: Yeas: Councilmembers Apt, Azari, Janett, McCluskey and Wanner. Nays: Councilmembers Kneeland and Smith. The vote on Councilmember Kneeland's original motion to adopt Ordinance 13, 1997 on Second Reading as amended was as follows: Yeas: Yeas: Councilmembers Apt, Azari, Janett, Kneeland, McCluskey, Smith and Wanner. Nays: None. THE MOTION CARRIED. OTHER BUSINESS Councilmember Janett requested information regarding revenues and expenditures for the camera radar program and on the amount of money being spent on program costs. She expressed concerns regarding its impact on the Municipal Judge and the Court's staffing. She thanked staff for its efforts on the policy agenda status report and spoke of the need to discuss the Environmental Impact Model project as soon as possible. Councilmember McCluskey made a motion, seconded by Councilmember Wanner, to adjourn the meeting to February 11, 1997 at 6:30 p.m. Yeas: Councilmembers Apt, Azari, Janett, Kneeland, McCluskey, Smith and Wanner. Nays: None. THE MOTION CARRIED. The meeting adjourned at 8:55 p.m. ATTEST: 011"WINN'' q, City Clerk ADJOURNMENT Mayor 311 �-V* On August 5, 1997, City Council unanimously adopted the regular meeting minutes of February 4 and February 18, and the adjourned meeting of February 11, 1997. I