HomeMy WebLinkAboutMINUTES-12/03/1991-Regular' December 3, 1991
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council -Manager Form of Government
Regular Meeting - 6:30 p.m.
A regular meeting of the Council of the City of Fort Collins was held on Tuesday,
December 3, 1991, 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:
Azari, Edwards, Fromme, Horak, Kirkpatrick, Maxey and Winokur.
Staff Members Present: Burkett, Krajicek, Roy.
Citizen Participation
Al Bacilli, 520 Galaxy Court, commented about retirees living in Fort Collins and
the vendor's fee.
Agenda Review
' City Manager Steve Burkett requested that Item #13, Resolution 91-159 Authorizing
the Mayor to Enter Into An Intergovernmental Agreement with the Board of
Education of Poudre School District R-1 Concerning a Drainage Swale, be withdrawn
from the Consent Agenda.
Consent Calendar
This Calendar is intended to allow the City Council to spend its time and energy
on the important items on a lengthy agenda. Staff recommends approval of the
Consent Calendar. Anyone may request an item on this calendar be "pulled" off
the Consent Calendar and considered separately. Agenda items pulled from the
Consent Calendar will be considered separately under Agenda Item #16, Pulled
Consent Items.
7. Consider approval of the minutes of the regular meetings of October 1 and
October 15.
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On December 4, 1990, Council adopted Ordinance No. 122, 1990 Amending
Sections 26-97 and 26-98 of the Code to allow for the installation of a
water meter at no charge to homeowners who volunteer to have a meter
installed. During the course of the volunteer program, questions have
' arisen as to the possibility of removing the meters if requested.
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December 3, 1991
Ordinance No. 133, 1991 was unanimously adopted on First Reading on
November 19, 1991. The Ordinance revises the Code stipulating that the
removal of meters is prohibited after installation. The Water Board
reviewed the proposed Ordinance at its October 18th meeting and voted
unanimously to recommend approval.
Ordinance No. 134, 1991, which was unanimously adopted on First Reading on
November 19, makes several changes to Chapter 22 of the Code having to do
with the foreclosure of special assessment liens. The amended language:
1) describes in detail the process for acquiring certificates of purchase
and selling the certificates or the underlying property; (2) provides for
the disposition of the proceeds of sale of the property; and (3) validates
all sales of property or certificates of purchase when they have been sold
for fair market value.
In order to improve the bridges over Spring Creek at Stuart Street, widen
the Spring Creek channel, and extend the Spring Creek Trail, the City
acquired the land and existing duplex at 514-516 East Stuart Street. The
duplex must be demolished or moved from the site. The cost of demolition
is estimated to be less than $10,000. The cost of having the building
moved from the site is estimated to be in excess of $20,000.
Bids will be solicited for removing the building from the site. While
demolition appears the most likely scenario, staff does not wish to
preclude the possibility of a bidder purchasing the building and moving it
for less expense to the City than the cost of demolition. To allow for
that possibility, the subject Ordinance authorizes the sale of the
building in accordance with Section 23-111 of the City Code regarding the
disposition of real property.
Section 23-171 of the City Code provides the use of the library is subject
to reasonable rules and regulations adopted by the.Library Board. Section
23-172 of the Code makes it unlawful for anyone to knowingly violate the
rules and regulations adopted by the Library Board. This ordinance would
amend these two Code sections to substitute the word "Director" for the
word "Board." The effect of this change would be to make the use of the
library subject to reasonable rules and regulations adopted by the Library
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December 3, 1991
Director and would make it unlawful for someone to knowingly violate these
rules and regulations. This change is necessary because the Library Board
is authorized only to serve in an advisory capacity and not as a
regulatory authority.
This ordinance also amends Section 2-293 of the City's Code by removing
subsection (3) relating to the administration and use of the money from
the Henry Trust which is now administered by the Fort Collins Foundation.
The change also removes subsection (4) concerning the doing of all things
usual and necessary not in conflict with the law to develop the public
library for the benefit of the City's inhabitants. It was felt this
subsection was unnecessary and self evident.
This ordinance authorizes the City Clerk to administratively issue
temporary permits for fermented malt beverage and alcoholic beverage
liquor licenses. In addition, the ordinance sets the application fee for
temporary permits at $100.
' 13. Resolution 91-159 Authorizing the Mayor to Enter Into An Intergovernmental
Agreement with the Board of Education of Poudre School District R-1
Concerning a Drainage Swale.
Poudre R-1 School District is currently constructing a new elementary
school located in Golden Meadows Business Park adjacent to the City's
Golden Meadows Neighborhood Park. The school will open in the fall of
1992. There is an existing open drainage channel located along the south
boundary line of the park, directly north of the new school. The District
has requested that it be allowed to place a pipe in the channel and fill
in the portion that is directly adjacent to the school. The District will
use the area for outdoor activities such as recess and physical education
classes. In addition, filling in the channel will allow better access
between the school and the rest of the park and removes a potential safety
hazard. Because the channel has developed into a wetland and wildlife
habitat, the District will replace some of the plantings and improve the
wetland and wildlife habitat at the existing pond in the park. A
mitigation plan has been submitted and approved by Natural Resources and
Parks and Recreation staff.
An excavation permit has been issued by the City Engineering Department
allowing the District's contractor to begin laying pipe and moving dirt.
However, the intergovernmental agreement is necessary because the wetland
mitigation and restoration of property goes beyond the excavation permit.
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December 3, 1991 '
Program.
The Putnam-Fullana Parent-Teacher Organization filed a CDBG Grant
Application for funding in the amount of Twenty-five Thousand Dollars
($25,000) for the purpose of purchasing a 276 x 135 foot vacant lot
adjoining the east boundary of the Putnam School athletic fields, which
lot would be available for neighborhood and community use as a part of the
Putnam School playground and athletic fields. Although the school
playground, and the proposed additional purchase, are to be owned by the
Poudre R-1 School District, the area has come to be known as "Putnam Park"
and is commonly used by the neighboring community. At the time that the
City Council adopted Resolution 91-85, on June 4, 1991, the application
was pending before the Council in the name of the Putnam-Fullana PTO, and
uncertainty existed as to how or when title to the property would be
transferred to the School District, if it was acquired by the PTO.
In order to clarify the specific recipient of the funding necessary for
the acquisition of the additional property, this Resolution is needed.
The sole purpose of this Resolution is to transfer any and all rights in
the CDBG Grant in the sum of Twenty-five Thousand Dollars ($25,000) from '
the Putnam-Fullana PTO to the Poudre R-1 School District.
15. Routine Deeds and Easements.
Powerline easement from Buckeye Farms, Inc. and Harold D. Einarsen
and Shirley P. Einarsen, East of Highway I-25 and South of County
Road 50, to install 2 oval electric vaults and install new electric
duct line. Monetary consideration: $50.
Ordinances on Second Reading were read by title by City Clerk Wanda Krajicek.
Item 1 8.
Item # 9.
Districts.
Ordinances on First Reading were read by title by City Clerk Wanda Krajicek.
Item R10.
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December 3, 1991
Item #11.
Item R12.
Councilmember Fromme made a motion, seconded by Councilmember Azari, to adopt and
approve all items not removed from the Consent Calendar. Yeas: Councilmembers
Azari, Edwards, Fromme, Horak, Kirkpatrick, Maxey and Winokur. Nays: None.
THE MOTION CARRIED.
Resolution 91-159 Authorizing the Mayor
to Enter Into An Intergovernmental Agreement
with the Board of Education of Poudre School
District R-1 Concerning a Drainage Swale Adopted as Revised
The following is staff's memorandum on this item:
"EXECUTIVE SUMMARY
Poudre R-I School District is currently constructing a new elementary school
located in Golden Meadows Business Park adjacent to the City's Golden Meadows
Neighborhood Park. The school will open in the fall of 1992. There is an
existing open drainage channel located along the south boundary line of the park,
directly north of the new school. The District has requested that it be allowed
to place a pipe in the channel and fill in the portion that is directly adjacent
to the school. The District will use the area for outdoor activities such as
recess and physical education classes. In addition, filling in the channel will
allow better access between the school and the rest of the park and removes a
potential safety hazard. Because the channel has developed into a wetland and
wildlife habitat, the District will replace some of the plantings and improve the
wetland and wildlife habitat at the existing pond in the park. A mitigation plan
has been submitted and approved by Natural Resources and Parks and Recreation
staff.
An excavation permit has been issued by the City Engineering Department allowing
the District's contractor to begin laying pipe and moving dirt. However, the
intergovernmental agreement is necessary because the wetland mitigation and
restoration of property goes beyond the excavation permit."
' City Manager Burkett explained the intergovernmental agreement and provisions of
the new resolution.
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December 3, 1991 '
Councilmember Edwards made a motion, seconded by Councilmember Azari, to adopt
Resolution 91-159, revised version.
Councilmember Fromme expressed concern that the Natural Resources Advisory Board
was not involved in the decision process.
Councilmember Edwards clarified that the property will be better utilized by the
enhancement of an existing pond.
Councilmember Fromme noted that this wetland area is included in the City's
inventory of natural areas.
The vote on Councilmember Edwards' motion to adopt revised Resolution 91-159 was
as follows: Yeas: Councilmembers Azari, Edwards, Fromme, Horak, Kirkpatrick,
Maxey and Winokur. Nays: None.
THE MOTION CARRIED.
Staff Reports
City Manager Burkett thanked staff for the planning and coordination effort for
the Tom Sutherland celebration. I
Councilmember Reports
Councilmember Horak stated that a letter to City Attorney Roy regarding a notice
of injury that was classified "non-public" will be made available.
Mayor Kirkpatrick also expressed her thanks for the cooperative effort in the
Sutherland celebration.
Ordinance No. 142, 1991, Amending Chapter 29
of the Code of the City by the Addition of
Provisions Pertaining to Solar Orientation For Residential Lots
NOTE: THIS ITEM WAS- RECONSIDERED AND ADOPTED AS AMENDED ON FIRST READING UNDER
"OTHER BUSINESS," see Page 93
The following is staff's memorandum on this item:
"EXECUTIVE SUMMARY:
Revision of the Land Development Guidance System with regard to solar orientation
is a City Council Goal for 1989-1991. Council has directed staff to examine '
options for encouraging and/or requiring developers to consider in their plans
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December 3, 1991
the orientation of lots and buildings to enable the lots and buildings to best
receive solar radiation for energy conservation purposes. On May 7, 1991, the
Council adopted Resolution #91-72 which directed staff to develop new
requirements for solar orientation.
Since May, staff has conducted an extensive study of the issue and has provided
several opportunities for public input and comment on the proposed regulations.
A technical advisory committee was specifically formed to assist staff in the
development of solar orientation regulations. The advisory committee met several
times to discuss research and implementation options. In addition, a public open
house was held in July. The comments and suggestions received from these
meetings were incorporated into the recommended regulations and/or background
reports.
The Planning and Zoning Board and staff is recommending the addition of a new
solar orientation standard in the LDGS and Subdivision regulations which will
require 70% of new single family lots be "solar oriented". A new density bonus
incentive for planned unit developments is also recommended for developers who
exceed the 70% figure. Staff is not recommending a solar orientation standard
For multi -family buildings.
Other recommended Code changes include adopting definitions of a "solar oriented
' lot"; requiring that developers provide solar oriented lot statistics on site
plans and plats, and; amending the criteria in the Subdivision Regulations to
permit more flexibility on the part of the Planning and Zoning Board in granting
variances to the solar regulations.
On October 21, 1991, the Planning and Zoning Board considered the solar
regulations and recommended that Council adopt them as part of the City's Code
with two conditions: (1) that the performance of such requirements be audited
after one year of implementation, and; (2) that the definition of a solar lot
include corner lots whose southern lot lines are protected from shading by a
public street or other permanent open space. These conditions have been
incorporated into the recommended Ordinance.
BACKGROUND:
The issue of solar orientation was first raised by City Council in its 1989-91
Goals. In addition, developing guidelines and standards for energy conscious
site design was considered an important project in the 1990 audit of the LDGS.
In February, 1991, staff presented a draft report to City Council, which offered
a "laundry" list of policy options for solar orientation. This report had been
presented to the public at an open house in January, and had been reviewed by the
Planning and Zoning Board and the Natural Resources Advisory Board.
One of the findings of this report was that, while the overall energy program of
' the City provided a good foundation for future solar energy use in the community,
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December 3, 1991
and while the criteria of the LOGS touched upon the issue of solar orientation,
these measures and programs did not have much effect on what was actually being
built.
In March and May, Council debated what direction to give staff, and; on May 7th,
Council adopted Resolution 91-72 which directed staff to develop new requirements
for solar orientation in the following areas:
AMEND THE LOGS TO INCLUDE A SOLAR LOT ORIENTATION REQUIREMENT FOR ALL
SINGLE- AND TWO-FAMILY LOTS.
AMEND THE SUBDIVISION REGULATIONS TO INCLUDE A SOLAR ORIENTATION
REQUIREMENT FOR ALL SINGLE- AND TWO-FAMILY LOTS AND MULTI -FAMILY LOTS IN
A SUBDIVISION NOT REQUIRED TO BE APPROVED AS A PLANNED UNIT DEVELOPMENT.
AMEND THE LOGS TO INCLUDE A BUILDING ORIENTATION REQUIREMENT THAT WILL
ENHANCE SOLAR ENERGY USAGE FOR MULTI -FAMILY BUILDINGS IN A PUD.
AMEND THE RESIDENTIAL POINT CHART WITHIN THE LOGS TO INCLUDE SOLAR
ORIENTATION IN THE AWARDING OF POINTS FOR RESIDENTIAL PROJECTS.
Attached is a report entitled "Solar Orientation Project - Recommended Ordinances
and Standards", dated September 24, 1991 which describes in detail the various
implementation options that have been discussed, including a summary of
advantages and disadvantages of each of the options. Also attached is a report
entitled "Background Report - Solar Orientation Project", dated September 27,
1991 which summarizes staff's research on solar regulations.
An extensive citizen participation effort has been conducted to involve affected
interests in this decision. A series of meetings have been held including the
formation of a technical advisory committee consisting of City staff, development
industry, Planning and Zoning Board, Natural Resources Board, and general public
members. Also, staff has met with the Planning and Zoning Board and Natural
Resources Board. On September 4, 1991, the Natural Resources Advisory Board
unanimously endorsed adoption of the recommended standards and ordinances.
Please refer to the attached "Chronology of Citizen Participation Events".
PLANNING AND ZONING BOARD RECOMMENDATION:
On October 21, 1991, the Planning and Zoning Board conducted a public hearing on
the proposed regulations, and recommended to City Council that the regulations
be adopted as part of the City Code. The recommendations of the Board are as
Follows:
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December 3, 1991
"32. Do at least seventy (70) percent of the lots less than fifteen
thousand (15,000) square feet in area in single- and two-family
residential developments conform to the definition of a "solar oriented
lot" in order to preserve the potential for solar energy usage?"
2. ADD to Sec. 29-658. "Lots and Blocks" of the Subdivision Requlations, a
"(c) For all single- and two-family residential lots less than fifteen
thousand (15,000) square feet in area in a subdivision not required to be
approved as a planned unit development, seventy (70) percent of the lots
shall conform to the definition of a "solar oriented lot" in order to
preserve the potential for solar energy usage. This provision shall not
apply to lots approved pursuant to Sec. 29-644 - Minor Subdivisions, and
to lots located in the RF- Foothills Residential zone."
3.
4. ADD to Sec. 29-1 "Definitions"
' "A Solar oriented lot shall mean:
(1) A lot with a front lot line oriented to within thirty (30) degrees of
a true east -west line. When the lot line abutting a street is curved, the
front lot line is the chord or straight line connecting the ends of the
curve. For a flag lot, the front lot line is the lot line that is most
parallel to the closest street, excluding the "pole" portion of the flag
lot;
(2) A lot which when a straight line is drawn from a point midway between
the side lot lines at the required front yard setback to point midway
between the side lot lines at the required rear yard setback, is oriented
to within thirty (30) degrees of true north."
(3) A corner lot with a south lot line oriented to within thirty (30)
degrees of a true east -west line. The south line must adjoin a public
street or permanently reserved open space. The adjacent street right-of-
way or open space shall have a minimum north -south dimension of at least
fifty (50) feet. (For purposes of this definition, "permanently reserved
open space" includes, without limitation, parks, cemeteries, golf courses,
and other similar outdoor recreation areas, drainage ditches and
reservoirs, lakes, ponds, wetlands, open space reserved on plats for
neighborhood use and other like and similar permanent open space.
' 5. ADD to Sec. 29-525 G.0)(c)Submittal Requirements for Preliminary PUD
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December 3, 1991
plans (LDGS) a new information requirement, as follows:
"[30] The number and percentage of solar -oriented lots in the preliminary
plan; and the proposed number and percentage of solar oriented lots
in each phase of development. Each solar -oriented lot shall be
identified on the site plan."
follows:
"[9] The number and percentage of solar -oriented lots in the final plan.
Each solar -oriented lot shall be identified on the site plan."
"[o] The number and percentage of solar -oriented lots in the preliminary
plat; and the proposed number and percentage of solar oriented lots in
each phase of development. Each solar -oriented lot shall be identified on
the preliminary plat."
8. ADD to Sec 29-643(e)Submittal Requirements for Final Subdivision Plats I
of the Subdivision Regulations a new information requirement, as follows:
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10.
"[8] The number and percentage of solar oriented lots in the final plat.
Each solar oriented lot shall be identified on the final plat."
(change) "(a) When permitted, the Planning and Zoning Board may authorize
variances under this Article upon its finding that the following
requirements in (1), (2) or 3 have been satisfied:"
"(3) The applicant demonstrates that the plan as submitted is equal to or
better than such plan incorporating the provision for which a
variance is requested."
"(1) Calculate a one (1) percent bonus for every one (1) percent increase
in the number of lots properly oriented for solar energy usage beyond that
required pursuant to A11 Development criteria #32 up to a maximum credit ,
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December 3, 1991
of ten (10) percent."
In addition, the Planning and Zoning Board recommended that the performance of
such solar lot orientation requirements should be audited promptly after the
passage of one year from implementation of the regulations and a report should
be submitted to the City Council advising the Council as to the effectiveness of
these measures. The minutes of the October 21, 1991 hearing of the Planning and
Zoning Board are attached.
STAFF RECOMMENDATION:
The Council has several options to consider.
Option 1. Adopt the Ordinance as recommended by the Planning and Zoning Board.
Option 2. Amend the proposed regulations. The most controversial issue has been
the solar orientation standard for single family lots and more specifically, the
percentage of single family lots which will be required to be "solar oriented".
The current recommendation is seventy (70) percent. The Council may wish to
consider adopting a different standard, for example sixty (60) percent. After
a year of experience, City Council may then want to consider changing this
standard.
' Option 3. Adopt the ordinance and postpone its enforcement for six months.
During this "honeymoon" period, staff will develop and distribute informational
materials to design professionals and developers on the solar regulations. This
period would allow the development industry to become familiar with the
ordinances before their actual implementation.
F�
The staff recommends Option 1."
Assistant Planning Director Joe Frank made a presentation in which he reviewed
prior Council direction, highlighted the public review process and reviewed
provisions of the Ordinance.
Lori O'Dell, representing the Planning and Zoning Board, spoke in support of the
Ordinance as a tool for long range planning.
Will Smith, Chair of the Natural Resources Advisory Board, spoke in support of
the Ordinance, commenting on the four major areas of concern - costs for
platting, costs for loss of lot numbers, lack of aesthetics, and regulation.
Councilmember Horak made a motion, seconded by Councilmember Fromme, to adopt
Ordinance No. 142, 1991 on First Reading.
Councilmember Horak questioned the exemption for large lots.
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December 3, 1991 '
Frank replied that large lots don't dictate the orientation of the home as small
lots do.
Councilmember Azari inquired whether the energy savings associated with solar
orientation applied to summer as well as winter.
Frank replied that the numbers used apply to heating but there are some small
savings in cooling as well.
Councilmember Edwards requested clarification about whether solar orientation is
a land use issue or an energy conservation issue.
Frank replied that it is a land use issue because buildings or lots are being
moved around on a site.
Councilmember Edwards summed up that energy conservation is the goal but land use
is one way to achieve the goal. He requested clarification on the figures for
energy savings.
Frank stated
the 6-10% savings
is an average
among the studies reviewed. In
Colorado, the
big energy use is
in heating.
Cooling is not a big issue but
cooling costs
can be lessened by
overhangs and
planting trees.
Councilmember
Edwards inquired
about lifestyles
in passive and active solar
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houses.
Frank replied that his own passive solar house saves energy and has a lot of
light. Houses facing south overheat less because there are fewer windows to the
west.
Councilmember Edwards inquired how many lots approved or building permits issued
would have been affected in the last year or 2 years.
Councilmember Winokur requested the median number of the sample lots reviewed
and asked if an Energy SCORE program is built into the land Development Guidance
System.
Frank replied that SCORE is not presently included and that broader energy
policies are part of the Council workplan for 1993.
Councilmember Winokur inquired about the cost benefit of the 70% figure.
Frank stated that discussions with the development industry ranged from 60-80%.
The Task Force conclusion was that 70% was reasonable.
Councilmember Edwards clarified that the increase from the present average of 55%
to 70% is a larger increase than 15%. '
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The following citizens spoke on this item:
1. Margie Caswell, 1816 S. Whitcomb, homebuilder and designer of passive
solar homes, supported the solar Ordinance.
2. Doug Hittle, 2640 S. Centennial, Director of Colorado State's Solar Energy
Applications Laboratory, supported the Ordinance.
3. Bob Stuttlemeyer, 973 Shire Street, spoke in support of the Ordinance.
4. Richard Thomas, 1901 Wallenberg Drive, spoke in favor of the Ordinance and
further recommended Building Code changes to direct the placement of
windows in a southerly direction.
5. Gus Gendler, 907 Sailors Reef, supported the solar Ordinance.
6. Larry Caswell, 1816 S. Whitcomb, supported the solar Ordinance.
7. Bruce Lockhart, 2500 E. Harmony Road, opposed the Ordinance as not being
effective unless design and behavior are mandated as well.
8. Greg Bever, 1413 Barberry, owner of G. Bever Construction, Inc., opposed
' the Ordinance because homebuyers have different preferences.
9. Dennis Sovick, 2704 W. Vine, builder of solar energy homes and retrofits,
supported the Ordinance as a step in the right direction.
10. Phil Friedman, 201 S. Grant, member of the Natural Resources Advisory
Board, supported the Ordinance as a way to provide the option for a
homebuyer to use solar.
11. John McCoy, 1900 S. Shields, representing the Fort Collins Board of
Realtors, expressed concern about the effect of the Ordinance on infill
projects and overall planning and requested compliance be reduced to 60%.
12. Scott Mason, 861 Sandy Cove Lane, member of the Board of Directors of
Citizen Planners, spoke in support of the Ordinance and the 70%
requirement.
13. Bill Bartran, 1601 Lakeridge Court, opposed the Ordinance as imposing the
will of government instead of the buyers.
14. John Giuliano, 1708 E. Lincoln, president of Giuliano and Father, opposed
the Ordinance as raising the price of a home.
15. Brett Pavel, 3360 Gunnison Drive, broker at Van Schaack, opposed the 70%
' requirement.
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December 3, 1991
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16. Alan Apt, 1406 Freedom Lane, supported the Ordinance.
17. Rick Splittgerber, 1213 Camrose, Fort Collins builder, commented on the
affordability of housing and opposed the 70% requirement.
18. Chris Allison, 1500 Rollingwood Court, a Fort Collins builder, opposed the
Ordinance, but suggested giving builders incentives but not mandating 70%.
Councilmember Edwards inquired how many permits are issued in two years.
Frank stated that 350-375 single family permits were issued each year in the last
couple years. It is estimated that 450-475 lots will be platted per year.
Councilmember Maxey clarified that in the survey 55% of the lots being platted
now meet the criteria. Since the survey, corner lots were added to the
definition which means more lots would meet the definition. He asked about
additional cost to a subdivision.
Frank replied that based on a couple of test designs, there was no significant
impact on cost due to additional lineage in streets or increase in density.
Councilmember Edwards proposed an amendment to Section 10 to reflect an audit
after 350 single family residential lots are reviewed and approved and again I
after 700, rather than specifying a number of years.
Councilmembers Horak and Fromme accepted the amendment as a friendly amendment
to their original motion.
Councilmember Edwards clarified that the figure of 350 lots was based on recent
development history.
Councilmember Horak spoke in support of the Ordinance because environmental
values are important in the community.
Mayor Kirkpatrick spoke in support of the Ordinance and the compromises made in
its development.
Councilmember Azari spoke against the Ordinance as elitist overregulation.
Councilmember Fromme supported the Ordinance, citing the long term energy
benefits.
Councilmember Edwards opposed the Ordinance as the first step in greater
government regulation. The legislation is premature before Council develops its
broad energy policy. This Ordinance, as an effort to control, may be an obstacle
to growth.
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December 3, 1991
Councilmember Maxey opposed the Ordinance as not being productive since over 55%
of the lots presently have solar orientation.
Councilmember Winokur made a motion, seconded by Councilmember Edwards, to amend
the Ordinance to 60% instead of 70%.
Councilmember Horak made a motion, seconded by Councilmember Fromme, to amend the
Ordinance to 75%.
Councilmember Horak stated that 75% is attainable.
Councilmember Edwards opposed the 75% amendment.
Mayor Kirkpatrick opposed the 75% amendment and requested information on the
median.
The vote on Councilmember Horak's motion to increase the compliance to 75% was
as follows: Yeas: Councilmembers Fromme and Horak. Nays: Councilmembers Azari,
Edwards, Kirkpatrick, Maxey and Winokur.
THE MOTION FAILED.
' Councilmember Horak opposed the 60% requirement.
Mayor Kirkpatrick opposed the 60% requirement as not stretching the community
enough, but supported the Ordinance.
Councilmember Azari proposed adding financial incentives on the development of
those lots.
Councilmember Winokur expressed concerns about increased requests for variances
and stated this Ordinance with the 60% figure raises the minimum, not the
average.
The vote on Councilmember Winokur's motion to amend to 60% was as follows: Yeas:
Councilmembers Azari, Edwards, Maxey and Winokur. Nays: Councilmembers Fromme,
Horak and Kirkpatrick.
THE MOTION CARRIED.
The vote on Councilmember Horak's motion to adopt Ordinance No. 142, 1991 as
amended on First Reading was as follows: Yeas: Councilmembers Fromme,
Kirkpatrick and Winokur. Nays: Councilmembers Azari, Edwards, Horak and Maxey.
THE MOTION FAILED.
' Following the break, Councilmember Horak stated he would move for reconsideration
under "Other Business".
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December 3, 1991 '
Resolution 91-161 Adopting the Mission Statement,
Policies and Objectives of the Fort Collins Area
Transportation Plan as an Element of the
Comprehensive Plan of the City of Fort Collins, Adopted
The following is staff's memorandum on this item:
"FINANCIAL IMPACT:
The financial impact of the Transportation Plan is yet to be fully determined.
Development of the Action Plans wi17 identify potential costs. The Action Plans
will be developed over the next 6 months. Potential cost impacts will be
identified for inclusion in the 1993 budget process.
EXECUTIVE SUMMARY:
The Ad -Hoc Transportation Committee believes that the proposed Mission
Statements, Policies and Objectives represent a new direction for transportation
in the community. This Plan development process has been a community based
process that has included a wide variety of opinions, ideas and issues. The
final product weaves this variety into a comprehensive package of policies and
objectives that will provide this community with a multi -modal transportation
system. '
Council met with the Ad -Hoc Transportation Committee at the October 22 work
session to discuss the proposed Fort Collins Area Transportation Plan Mission
Statements, Policies and Objectives. Input from Council, the Planning and Zoning
Board, other boards and citizen groups have been considered in this proposed
final version of the Mission Statements, Policies and Objectives. Attachment I
is a revised copy of the documents with annotated reference to changes made based
on the comments and ideas received over the last month. The Committee has also
prepared a listing of comments/issues received from the various reviewing boards
and citizen groups. The Committee has provided its views regarding these
comments/issues in Attachment II. The Committee has also corresponded with each
of these groups and provided them with this commentary.
BACKGROUND:
Council has set as a Policy Agenda Item the development of a Transportation Plan
for the City of Fort Collins.
The Council established an Ad -Hoc Transportation Committee, a group of volunteer
citizens, to work on the development of this Transportation Plan. The Committee
has over the last 10 months spent many hours in the development of a
comprehensive set of Mission Statements, Policies and Prioritized Objectives that
address the transportation needs of the community. These Mission Statements,
Policies and Objectives are separated into 5 categories: Overall, Auto/Truck, .
Transit, Bicycles, and Pedestrians. The Ad -Hoc Committee has worked to link the
LE
I
December 3, 1991
5 categories into a cohesive unit to provide a multi -modal approach to
transportation. These Mission Statements, Policies and Objectives are intended
to provide a new direction in transportation planning for the community.
The development of a multi -modal transportation plan for the City of Fort Collins
was identified by Council in its 1989 Policy Agenda as a priority issue. Since
that time, staff and the Ad -Hoc Transportation Committee have been working to
develop this plan in a systematic way. Figure I identifies the Transportation
Plan process which has served as a guideline for the development of the Fort
Collins Area Transportation Plan. Two elements of this process have been
completed - the Data Gathering Existing System Analysis and Issue and Problem
Identification.
During 1990, staff conducted an extensive public outreach effort to determine the
community's expectations for a transportation plan. This outreach process enabled
staff to identify key issues that needed to be addressed within the
Transportation Plan process. These key issue areas, such as Alternative Modes
and Bicycling, were provided to the Ad -Hoc Transportation Committee for its work
on the development of Policies and Objectives for the Transportation Plan.
In the development of these Policies and Objectives, the Ad -Hoc Committee has
worked with other Boards and Commissions to incorporate those areas of
' responsibility into the final product. Both the Air Quality Task Force and
Natural Resources Board have been instrumental in the development of these
documents. Many of their comments and suggestions have been incorporated into
the documents. Earlier in 1991, the Ad -Hoc Committee reviewed with Council at
two worksessions the work accomplished on the Mission Statements, Policies and
Objectives. Council's comments and input have been incorporated into this final
draft of the Plan. Specifically, one of Council's requests was for a
prioritization of the objectives. The Committee has addressed this over the last
few months and has prioritized the objectives based on what needs to be
accomplished during three time frames:
PRIORITY A objectives should be initiated or completed in the next
1-3 years;
PRIORITY B in the next 3-7 years;
PRIORITY C in the next 7 years and beyond.
The Mission Statements, Policies and Objectives as developed and proposed by the
Committee, are to replace the existing transportation element in the City's
Comprehensive Plan of August 1977. Although there are many similarities between
the August 1977 document and the Transportation Plan Mission Statement, Policies
and Objectives that has been developed by the Ad -Hoc Transportation Committee
there are some important differences:
' _ The Transportation Plan Policy/Objectives will have specific targets
81
December 3, 1991
1
that the transportation system needs to achieve. As examples: Level
of Service D is recommended as a street system operating target. A
specific vehicle emissions target will be developed for the Fort
Collins area. A vehicle miles traveled to population ratio will be
developed when data is available.
_ The Transportation Policies/Objectives emphasize the important
relationships between transportation, environment and land use.
_ There is a need to develop informational and educational programs to
support these transportation policies.
_ Action Plans will be developed based on the Mission Statements,
Policies and Objectives that will serve to implement the
Transportation Plan.
_ The Transportation Plan Policies specifically emphasize that the
transportation policies need to be integrated into other planning
policies such as the framework for Environmental Action.
_ The framework calls for the development of a Transportation Demand
Management Program to coordinate this new important element of
Transportation Planning in the City.
PUBLIC PROCESS:
As with previous elements to the Transportation Plan, the public process for the
review of the Mission Statements, Policies and Objectives has been broad and
varied in its approach to encourage citizen comment and feedback. The Ad -Hoc
Committee has an ongoing working relationship with the Air Quality Task Force,
Natural Resources Board and Planning and Zoning Board. The Chairpersons have met
to review each of the five categories. Many of their suggestions and concepts
have been included into the product presented to Council. Other suggestions and
comments are more pertinent to the development of the action plans.
Transportation Division staff has coordinated community input from various
community organizations as well as the community at -large. Staff has worked with
the Fort Collins Area Chamber of Commerce, Choice City Cycling Coalition, the
League of Women Voters, Citizen Planners, and numerous individual citizens.
Staff also provided a newspaper supplement to the community through the
Coloradoan newspaper on September 15. Public open house/work shops were held the
following two weeks to allow for public comment and questions. Approximately 100
citizens took advantage of this opportunity to provide Council with feedback
regarding Transportation Plan Mission Statements, Policies and Objectives."
Councilmember Azari made a motion, seconded by Councilmember Maxey, to adopt
Resolution 91-161.
82 1
' December 3, 1991
City Manager Burkett introduced Earl Wilkinson, Ad -hoc Transportation Committee
member, who gave background on the public input process in the development of
this element of the Transportation Plan.
Jim Yamane, member of the Ad -hoc Transportation Committee, stated the focus at
this point is on the best possible transportation delivery systems that the
citizens are willing to accept.
John Seibeck, 705 E. Drake, President of Choice City Cycling Coalition (C4),
stated concerns about the language addressing the funding of bicycle goals and
objectives.
Will Smith, Natural Resources Advisory Board Chairman, recommended adoption of
the Transportation Plan Objectives and Mission Statement.
Councilmember Fromme spoke in favor of the Mission Plan and of the input from a
broad spectrum of organizations.
Councilmember Maxey spoke in favor of the Transportation Plan.
Councilmember Horak commended the Committee and staff and gave his concerns on
some of the Plan terminology.
' The vote on Councilmember Azari's motion to adopt Resolution 91-161 was as
follows: Yeas: Councilmembers Azari, Edwards, Fromme, Horak, Kirkpatrick, Maxey,
and Winokur. Nays: None.
THE MOTION CARRIED.
Resolution 91-162 Approving the Workplan
of Council Health and Safety Committee
and the Human Relations Commission to
Establish a Policy for Handling Citizen
Complaints Involving Police Services
and Its Employees and Volunteers. Adopted
Following is staff's memorandum on this item:
"EXECUTIVE SUMMARY:
This Resolution approves the joint workplan of the Council Health and Safety
Committee and the Human Relations Commission for developing findings and
recommendations concerning citizen complaints involving Police Services and its
employees and volunteers. The Workplan specifies that the joint report and
recommendations, as well as any minority reports, are to be completed no later
' than March 1, 1992.
83
December 3, 1991
BACKGROUND:
In August, Council adopted Resolution 91-115 (copy attached) directing the Health
and Safety Committee, with the assistance of the City Manager and the Human
Relations Commission, to evaluate policy options for the handling of citizen
complaints concerning Police Services and its employees and volunteers, including
an analysis of the processes and role of the Human Relations Commission.
Resolution 91-115 directed that the policy options and analysis be presented to
the Council no later than December 31, 1991.
The Workplan developed by the Health and Safety Committee and approved by the
Human Relations Commission on November 14, 1991, would extend the date for
completion of the policy options and analysis to March 1, 1992. A third
community forum has been added to the Workplan as recommended by the Human
Relations Commission. The Health and Safety Committee and the Human Relations
Commission request Council approval of the Workplan, which attempts to bring
focus to the issues and to generate the widest possible community interest and
input."
Councilmember Maxey made a motion, seconded by Councilmember Azari, to adopt
Resolution 91-162.
Councilmember Maxey made a presentation on the time schedule. I
Gary Wells, Chairman of the Human Relations Commission, made a presentation on
the Commission's role and its support of the Resolution.
Mayor Kirkpatrick inquired about suggestions contained in the HRC minutes on how
open mike sessions were to be conducted.
Councilmember Azari stated that the Health and Safety Committee planned to use
a system similar to that used by the Governance Committee in that proceedings of
each meeting are to be recorded and shared.
Bruce Lockhart, 2500 E. Harmony Road, remarked on the lack of police comments on
a citizen review board.
The vote on Councilmember Maxey's motion to adopt Resolution 91-162 was as
follows: Yeas: Councilmembers Azari, Edwards, fromme, Horak, Kirkpatrick, Maxey,
and Winokur. Nays: None.
THE MOTION CARRIED.
E
December 3, 1991
Ordinance No. 135, 1991, Adopting the
1992 City of Fort Collins
Total Compensation Plan. Tabled to December 17
The following is staff's memorandum on this item:
"EXECUTIVE SUMMARY:
Ordinance No. 135, 1991, was adopted on First Reading by a 5-2 vote on November
19. The Total Compensation Plan is designed to meet the City's goal as an
employer to attract and retain quality employees and also to recognize and reward
quality performance by establishing a goal of compensating employees who are
performing at the top of their range at the 70th percentile of the relevant labor
market. 1992 represents the second year in which the City has used the Total
Compensation approach to set pay and benefits for employees."
Councilmember Edwards made a motion, seconded by Councilmember Azari, to adopt
Ordinance No. 135, 1991 on Second Reading.
Councilmember Maxey inquired about the base for the real percentage increase
proposed.
' City Manager Burkett, referencing a memo from Administrative Services Director
Pete Dallow, stated the total cost for 1992 over 1991 for Total Compensation is
3.9% increase. In addition are salary increases, performance steps and other
personal services (workers' compensation, unemployment, new positions, and a
contingency amount) which bring the total increase to 6.1%.
Councilmember Fromme stated that the figures do not include salary increases to
department heads, division heads and service directors and inquired how many
there are.
Dallow replied there are 45 people. Council is being asked to adopt the Total
Compensation Plan which contains the salaries for all classified employees. The
memo includes money that would be used for unclassified salaries equal to 3.9%
also.
Burkett stated it is anticipated that increases for unclassified employees will
be within the budget, are proposed to be delayed to fit within the budget, and
will be very consistent with increases approved in Total Compensation Plan for
classified employees.
Callow stated the memo includes all salaries.
Councilmember Fromme inquired why unclassified are not included in the Total
Compensation Pay Plan.
Burkett.stated they are not included as a part of the Council policy and are not
85
December 3, 1991
L
covered by the Personnel Rules as well. Compensation is based on performance and
the compensation has always been consistent with the compensation for the other
employees.
Dallow clarified that the 5.5% figure is General Fund cost and the 6.1% quoted
in the memo is the total cost for the whole city. The delay until February
allows the increase to be within the amount budgeted.
Councilmember Maxey clarified that the delay in implementation for 6 weeks
increases the base upon which the salary for 1993 will be calculated. He
expressed concerns about the total personal services taking a bigger bite out of
the total budget.
Bruce Lockhart, 2500 E. Harmony Road, inquired how many employees are at the top
2 levels of the pay scale and how many levels of management are there.
Councilmember Fromme made a motion, seconded by Councilmember Maxey, that total
personal services costs be held to a 4% increase from 1991 to 1992.
Councilmember Fromme stated her belief that the personal services portion of the
budget is out of hand. Many Fort Collins residents are getting no increase this
year.
Councilmember Edwards inquired what the amendment means in terms of real dollars I
and real benefit changes.
Burkett stated the reduction is substantial. There is no choice on some items
such as workers' compensation and unemployment. Council would not be
implementing the adopted Total Compensation policy. Staff is committed to
monitoring the City's finances and making adjustments to make sure the City
remains in good financial condition.
Councilmember Horak spoke in support of the proposed amendment and against the
Total Compensation policy.
Mayor Kirkpatrick spoke in support of the Total Compensation policy and against
the proposed amendment.
The vote on Councilmember Fromme's motion to limit the increase to 4% was as
follows: Yeas: Councilmembers Fromme, Horak, Maxey and Winokur. Nays:
Councilmembers Azari, Edwards, and Kirkpatrick.
THE MOTION CARRIED.
The vote on Councilmember Edwards' motion to adopt Ordinance No. 135, 1991, as
amended on Second Reading was as follows: Yeas: Councilmembers Azari, Fromme,
Horak,.Maxey and Winokur. Nays: Councilmember Edwards and Kirkpatrick.
M
December 3, 1991
THE MOTION CARRIED.
Mayor Kirkpatrick inquired what effect this amended Ordinance would have on the
recently adopted 1992 Budget.
Burkett replied that options would have to be formulated to implement the 2%
reduction in total personal services The Ordinance refers only to the Total
Compensation Plan.
Councilmember Fromme stated it was up to the City Manager how the 2% reduction
would be achieved.
Councilmember Maxey made a motion, seconded by Councilmember Winokur, to
reconsider Ordinance No. 135, 1991 on Second Reading.
Councilmember Maxey stated that the motion to reconsider was for the purpose of
deleting Section 3 of the Ordinance which pertains to the effective date of the
Plan.
Burkett clarified that Ordinance No. 135, 1991 adopts the pay plan for the
classified employees for 1992 but the motion passed earlier is related to the
total personal services expenditures in 1992.
' City Attorney Roy advised that the pay plan as amended and adopted and the Annual
Appropriation Ordinance need to be reconciled.
The vote on Councilmember Maxey's motion to reconsider Ordinance No. 135, 1991
was as follows: Yeas: Councilmembers Azari, Edwards, Fromme, Horak, Kirkpatrick,
Maxey and Winokur. Nays: None.
THE MOTION CARRIED.
Councilmember Maxey made a motion,' seconded by Councilmember Horak, to amend
Section 3 of Ordinance No. 135, 1991 to make the effective date of the Plan the
first full pay.period of January, 1992.
Councilmember Maxey supported the compensation being spread over the full year.
Councilmember Edwards clarified there was no time constraint on the adoption of
the Ordinance.
Burkett requested the effective date not be changed if the 2% reduction is
implemented.
Councilmember Horak commented that if additional time is necessary to work out
the figures, the pay could be made retroactive to January, 1992.
' Councilmember Edwards gave his concerns about the proposed changes and postponing
87
December 3, 1991 ,
consideration.
The vote on Councilmember Maxey's motion to amend Section 3 of Ordinance No. 135,
1991 was as follows: Yeas: Councilmembers Fromme, Horak, Maxey and Winokur.
Nays: Councilmembers Azari, Edwards and Kirkpatrick.
THE MOTION CARRIED.
Councilmember Maxey made a motion, seconded by Councilmember Edwards, to table
Ordinance No. 135, 1991 on Second Reading to December 17. Yeas: Councilmembers
Azari, Edwards, Fromme, Horak, Kirkpatrick, Maxey and Winokur. Nays: None.
THE MOTION CARRIED.
Burkett gave his concerns about the delay of this item.
Councilmember Horak clarified that when this item is considered on December 17,
the item will include Councilmember Fromme's amendment to hold 1992 personal
services costs to a 4% increase.
Burkett replied that either a resolution of intent to reduce the personal
services or an item revising the 1992 Budget for personal services would be
presented on December 17. '
Ordinance No. 136, 1991, Amending Section 2-581
of the Code of the City of Fort Collins and Fixing
the Compensation of the City Attorney Adopted on First Reading
The following is staff's memorandum on this item:
"EXECUTIVE SUMMARY:
City Council met in Executive Session to conduct the performance appraisal of
City Attorney, Steve Roy. This Ordinance establishes the 1992 salary for the
City Attorney.
BACKGROUND:
City Council is committed to compensating employees in a manner which is fair,
competitive, and understandable. The goal as an employer is to attract and
retain quality employees and to recognize and reward quality performance.
In order to accomplish this goal the City Council and the City Attorney meet once
a year to discuss last year's performance and set goals for the. coming year.
In 1991, the Total Compensation paid to the City Attorney included the following:
88 1
December 3, 1991
SALARY AND BENEFIT ANNUAL
Base salary:
$70,000
Medica.l Insurance:
3,936
Life Insurance:
240
Long Term Disability:
531
Dental Insurance:
120
Pension: ICMA 401(a)
2,100
ICMA 457
7,000
FICA
4,326
Non -Monetary Benefits
Vacation: (20 days per year)
Holidays: (11 days per year)
Total Monetary Compensation =
$88,253"
Councilmember Winokur made a motion, seconded
by Councilmember Horak, to adopt
Ordinance No. 136, 1991 on First Reading
inserting $73,500 as the base salary and
$92,691 as the total compensation.
Councilmember Winokur commended City
Attorney Roy on his performance and
'
clarified that the effective date would be adjusted on Second Reading to
correspond with that of other City employees.
Councilmember Azari expressed concern
about setting the salaries of the City
Attorney, City Manager and Municipal
Judge since Total Compensation for
classified employees was not adopted.
Mayor Kirkpatrick commended the City Attorney, but could not support the increase
reflected in Ordinance No. 136, 1991 in
light of the action on the Ordinance No.
135, 1991.
Councilmember Maxey supported Ordinance No. 136, 1991 and the figures inserted.
Councilmember Edwards supported the recommended compensation for the City
Attorney.
Councilmember Fromme spoke in support of this increase as a merit pay increase.
Councilmember Horak spoke in favor of the City Attorney's performance and
supported the raise.
The vote Councilmember Winokur's motion to adopt Ordinance No. 136, 1991 on First
Reading was as follows: Yeas: Councilmembers Edwards, Fromme, Horak, Maxey and
Winokur. Nays: Councilmembers Azari and Kirkpatrick.
I
THE MOTION CARRIED.
89
December 3, 1991
Ordinance No. 137, 1991, Amending Section 2-596
of the Code of the City of Fort Collins and
Fixing the Salary of the City Manager.' Adopted on First Reading
The following is staff's memorandum on this item:
"EXECUTIVE SUMMARY:
City Council met in Executive Session to conduct the performance appraisal of
City Manager, Steve Burkett. This Ordinance establishes the 1992 salary for the
City Manager.
BACKGROUND:
City Council is committed to compensating employees in a manner which is fair,
competitive, and understandable. The goal as an employer is to attract and
retain quality employees and to recognize and reward quality performance.
In order to accomplish this goal the City Council and the City Manager meet once
a year to discuss last year's performance and set goals for the coming year.
In 1991, the Total Compensation paid to the City Manager included the following: '
SALARY AND BENEFIT ANNUAL
Base salary:
$80,200
Medical Insurance:
3,936
Life Insurance:
282
Long Term Disability:
603
Dental Insurance:
120
Pension: ICMA 401(a)
4,010
ICMA 457
6,416
FICA
4,474
Non -Monetary Benefits
Vacation: (25 days per year)
Holidays: (11 days per year)
Total Monetary Compensation = $100,041"
Councilmember Maxey made a motion, seconded by Councilmember Kirkpatrick, to
adopt Ordinance No. 137, 1991 on First Reading, inserting the figures of $82,600
as base salary and $103,000 as total compensation.
Councilmember Maxey stated this represents a 3% increase in keeping with
increases in the overall budget. ,
90
December 3,
1991
Councilmember
Edwards spoke against the figure as being
too low, given
the
responsibility
of the position.
Councilmember
Azari spoke against the Ordinance stating the
salary was too
low.
Councilmember
Winokur spoke against the Ordinance and gave
concerns about
the
performance of
the City Manager.
Councilmember
Horak spoke against the Ordinance and agreed
with Councilmember
Winokur.
Councilmember Fromme spoke against the Ordinance and agreed with Councilmember
Winokur.
Mayor Kirkpatrick gave concerns about compensation, supported City Manager
Burkett's performance in 1991 and spoke against the figure of $82,600.
Councilmember Edwards made a motion, seconded by Councilmember Azari, to amend
the base salary figure to $85,000.
The vote on Councilmember Edwards' motion to amend the base salary figure to
$85,000 was as follows: Yeas: Councilmembers Azari, Edwards, Kirkpatrick, and
' Maxey. Nays: Councilmembers Fromme, Horak and Winokur.
THE MOTION CARRIED.
The vote on Councilmember Maxey's motion to adopt Ordinance No. 137, 1991, as
amended was as follows: Yeas: Councilmembers Azari, Edwards, Kirkpatrick, and
Maxey. Nays: Councilmembers Fromme, Horak and Winokur.
THE MOTION CARRIED.
Ordinance No. 138, 1991, Amending Section 2-606
of the Code of the City of Fort Collins and Fixing
the Compensation of the Municipal Jude Adopted on First Reading
The following is staff's memorandum on this item:
"EXECUTIVE SUMMARY:
City Council met in Executive Session to conduct the performance appraisal of
Municipal Judge, Kathleen M. A11in. This Ordinance establishes the 1992 salary
for the Municipal Judge.
BACKGROUND:
' City Council is committed to compensating employees in a manner which is fair,
91
December 3, 1991 ,
competitive, and understandable. The goal as an employer is to attract and
retain quality employees and to recognize and reward quality performance.
In order to accomplish this goal the City Council and the Municipal Judge meet
once a year to discuss last year's performance and set goals for the coming year.
In 1991, the Total Compensation paid to the Municipal Judge included the
following:
SALARY AND BENEFIT ANNUAL
Base salary: $52,000
Medical Insurance: 3,936
Life Insurance: 184
Long Term Disability: 366
Dental Insurance: 120
Pension: ICMA 401(a) 5,200
ICMA 457 1,560
FICA 3,978
Non -Monetary Benefits
Vacation: (20 days per year) - -- ,
Holidays: (1111 days per year)
Total Monetary Compensation = $67,344"
Councilmember Maxey made a motion, seconded by Councilmember Azari, to adopt
Ordinance No. 138, 1991, inserting the figure of $54,600 as the base salary.
Councilmember Maxey stated this represents a 5% increase in base salary.
Councilmember Edwards commended Judge Allin on her performance.
Councilmember Azari concurred but could not support the Ordinance.
Mayor Kirkpatrick clarified that no additional money would need to be
appropriated to give the salary increase.
Councilmember Winokur stated the intent is that the amount come out of the
General Fund and not the operating expenses of Municipal Court.
Mayor Kirkpatrick commended Judge Allin, but could not support Ordinance No. 138,
1991, in light of the prior actions taken on compensation.
The vote on Councilmember Maxey's motion to adopt Ordinance No. 138, 1991 was as
follows: Yeas: Councilmembers Edwards, Fromme, Horak, Maxey, and Winokur. Nays: '
Councilmembers Azari and Kirkpatrick.
92
THE MOTION CARRIED.
Other Business
December 3, 1991
Councilmember Horak made a motion, seconded by Councilmember Winokur, to
reconsider Ordinance No. 142, 1991, Amending Chapter 29 of the Code of the City
by the Addition of Provisions Pertaining to Solar Orientation for Residential
Lots. Yeas: Councilmembers Fromme, Horak, Kirkpatrick and Winokur. Nays:
Councilmembers Azari, Edwards, and Maxey.
THE MOTION CARRIED.
Councilmember Horak made a motion, seconded by Councilmember Winokur, to amend
Section 2 of Ordinance No. 142, 1991, to reflect 65% rather than 70% compliance.
Councilmember Horak believed that 60% was too low and that 65% was a good
compromise, with review as proposed in Councilmember Edwards' amendment.,
Councilmember Fromme spoke in support of the Ordinance.
Mayor Kirkpatrick supported the amendments and energy conservation.
' Councilmember Winokur supported the Ordinance and amendments.
The vote on Councilmember Horak's amendment was as follows: Yeas: Councilmembers
Fromme, Horak, Kirkpatrick and Winokur. Nays: Councilmembers Azari, Edwards and
Maxey.
THE MOTION CARRIED.
The vote on Ordinance No. 142, 1991, as amended on First Reading was as follows:
Yeas: Councilmembers Fromme, Horak, Kirkpatrick and Winokur. Nays:
Councilmembers Azari, Edwards and Maxey.
THE MOTION CARRIED.
Councilmember Winokur requested a memo on the time line for taking a look at the
Energy SCORE program and building it into the LDGS. He requested direction on
Council's intent for the Finance Committee to reexamine the issue of Special
Improvement District penalty interest.
Councilmember Edwards made a motion, seconded by Councilmember Kirkpatrick, that
the Finance Committee look at the issue of penalty interest as it relates to
Special Improvement Districts.
Councilmember Edwards stated that significant interests in the community continue
' to raise that issue.
93
December 3, 1991
Burkett stated staff planned to bring options to Council on this issue.
Councilmember Winokur requested direction on how deep to pursue the issues, since
many issues on SIDS are linked.
Mayor Kirkpatrick recommended restricting the evaluation to information about
penalty interest and pointing out the significant links.
Councilmember Winokur clarified that a report to Council, not necessarily an
agenda item, would be sufficient.
The vote on Councilmember Edwards' motion to direct the Finance Committee to
reexamine penalty interest was as follows: Yeas: Councilmembers Azari, Edwards,
Kirkpatrick, and Maxey. Nays: Councilmembers Fromme and Horak. (Councilmember
Winokur declined to vote on this item.)
THE MOTION CARRIED.
Councilmember Edwards gave concerns about delegating the responsibility for
making grants with Fort Fund and Lodging Tax revenues to the Cultural Resources
Board. He requested a change so that the Cultural Resources Board makes a
recommendation but Council makes the final decision as in CDBG funds.
Burkett stated that this general issue is scheduled for discussion at the January I
14 Work Session.
Councilmember Fromme reminded that there are only 2 members left on the Ad -Hoc
Transportation Committee and recommended adding 3 more members who are familiar
with the process prior to consideration of the Action Plan.
Burkett stated that an item is scheduled on the January 7 agenda to consider
creation of a Transportation Board which would implement the Action Plan.
Councilmember Horak requested scheduling this item on December 17.
Councilmember Fromme requested clarification on the definition of membership in
outside organizations.
City Attorney Roy stated that moneys contributed to memberships in organizations
must be for a public purpose.
94
Adjournment
The meeting adjourned at 11:35 p.m.
Ma r
ATTEST:
City Clerk
December 3, 1991