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HomeMy WebLinkAboutMINUTES-12/04/1990-RegularDecember 4, 1990 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council -Manager Form of Government Proclamations and Presentations - 6:15 p.m. a. Stephen H. Hart Award for Outstanding Contribution to Historic Preservation, was presented to the City. Regular Meeting - 6:30 p.m. A regular meeting of the Council of the City of Fort Collins was held on Tuesday, December 4, 1990, at 6:30 p.m. in the Council Chambers in the City of Fort Collins City Hall. Roll call was answered by the following Councilmembers: Edwards, Horak, Kirkpatrick, Mabry, and Winokur. Absent: Councilmembers Azari and Maxey. Staff Members Present: Burkett, Krajicek, Roy. Citizen Participation ' Beatriz Alonzo, 2630 Brookwood Drive, requested assistance and support with family matters and in restoring her past citizenship, professional and motherhood record. Agenda Review City Manager Steve Burkett requested item 26, Hearing and First Reading of Ordinance No. 138, 1990, Fixing the Salary of the City Manager, be withdrawn from the Agenda.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 to be "pulled" off the Consent Calendar and considered separately. Agenda items pulled from the Consent Calendar will be considered separately under Agenda Item #21, Pulled Consent Items. 405 Q Q December 4, 1990 1 Consider aooroval of the minutes of the regular meeting of November 6. Second Reading of Ordinance No. 122, 1990 Amending Sections 26-97 and 26- 98 to Comply with the Water Metering Act of Colorado. On February 20, 1990, City Council adopted Resolution 90-24 establishing the Water Demand Management Committee appointing three members to serve along with representatives of the Water Board. The purpose of the Committee is to review existing policies regarding water demand management and to develop a plan for implementation of the Water Metering Act enacted by the State Legislature in April. The bill requires all new construction to have metered water service after July 1, 1990, and requires all existing non -metered customers to be metered by January 1, 2009. The Committee recommended that the City attempt to reach the goal of metering all services over a 15 year period rather than the 18 years allowed by law. The Committee will continue to meet to examine the flat rate structure, to propose revisions to existing PIFs, and to review additional water demand management policies. On November 20, Council, by a vote of 5-2, adopted Resolution 90-147 Approving Policies and Procedures for Compliance with the Water Metering Act of Colorado. On November 20, Council unanimously adopted Ordinance No. 122, 1990 on First Reading. to implement the metering program This Ordinance makes the and to provide for changes necessary funding of meter installations. This Ordinance, which wac unanimously adopted on First Reading on November 20, amends Chapter 2 and Chapter 5 of the Code relating to the composition of the Building Review Board. Specifically, the ordinance eliminates the two alternate positions on the Board, reducing the composition to seven regular members. In addition, the Ordinance includes a housekeeping amendment to correct a Code section reference error. The Bingham Hill reservoir was taken out of service in 1982. The site contains about 9.6 acres and lies between the two hogbacks that form Bingham Hill. On November 7, 1989, the City Council approved Resolution No. 89-198 which authorized the sale of the property for $26,153 to a neighboring property owner. However, the purchaser failed to close on the property which has resulted in additional attempts to sell the site to another buyer. A new ' 406 ' December 4, 1990 contract for $28,000 is being presented to the Council for acceptance. The Ordinance, which was unanimously adopted on First Reading on November 20, would authorize the Mayor to execute a Deed of Conveyance for sale of the Bingham Hill Property. 10. Second Reading of Ordinance No. 130, 1990, Amending the Code Relating to Election Districts. At the November 6, 1990 special municipal election, city voters approved a Charter amendment providing for direct election of the mayor and the election of six Councilmembers by district. This ordinance, which was unanimously adopted on First Reading on November 20, brings the City Code into compliance with the new Charter provision by providing for the establishment of six, rather than four, Council districts. Council will consider adoption of the 1991 District - Precinct Map under the discussion section of this agenda. ' Several funds require supplemental appropriations for 1990 expenditures. The intent of this ordinance, which was unanimously adopted on First Reading on November 20, is to provide City Council with a summary of a number of appropriations which need to be made before the end of the current budget year. Included in this ordinance are appropriations for any unforeseen expenditures which may, have occurred during the year or the addition of unanticipated revenue the City has received. Rather than present each of these items for individual consideration, staff believes that this format provides for more efficient Council review. 12. Second Reading of Ordinance No. 134, 1990, Adopting the 1991 City of Fort Collins Pay Plan. 13. Each year the City Council adopts the pay plan which sets the salaries of City employees in accordance with the adopted budget. In August, 1990, City Council adopted a Total Compensation Financial Policy which takes into consideration the salary being paid to employees and the cost of providing benefits. 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 our employees at the 70th Percentile of the relevant labor market. This Ordinance, which was unanimously adopted on First Reading on November 20, adopts the 1991 City pay plan. 407 December 4, 1990 ' At the November 6 special city election held in conjunction with the General Election, voters approved (18,832 in favor and 7,683 against) a proposed Charter amendment concerning direct election of the Mayor and the nomination and election of six Councilmembers by district. The Mayor will be directly elected for a two-year term beginning in 1991. In addition, six Councilmembers will be nominated and elected by district under a transition process established by the Charter amendment. The Charter amendment mandates that Council adopt an initial six -district boundary map prior to January 1, 1991, and that redistricting take place at least 6 months prior to each biennial regular election beginning in 1993. This ordinance, which was unanimously adopted on First Reading on November 20, adopts a District/Precinct map which establishes the boundaries for six Council districts and for 74 municipal election precincts for the April 2, 1991 regular city election. 14. Postponing of Consideration of Items Pertaining to the Burns Annexation and Zoning until January 15. 1991. A. Second Reading of Ordinance No. 80, 1990, Annexing Approximately 46 Acres, Known as the Burns Annexation. B. Second Reading of Ordinance No. 81, 1990, Zoning Approximately 46 I Acres, Known as the Burns Annexation, into the R-F, Foothills Residential, Zoning District. On July 17, Council unanimously adopted Resolution 90-105 Setting Forth Findings of Fact and Determinations Regarding the Burns Annexation and Zoning. On July 17, Council also unanimously adopted on First Reading Ordinance No. 80, 1990 and Ordinance No. 81, 1990, which annex and zone approximately 45.65 acres located west of Overland Trail and south of Drake Road (extended). The requested zoning is the R-F, Foothills Residential District. The property is largely undeveloped, two single-family residences are located on the property. The property is currently zoned FA-1, Farming in the County. This is a voluntary annexation. On September 18 at the request of the applicant, consideration of the annexation was postponed to this date. The applicant is requesting that the Burns Annexation and Zoning be postponed to January 15, 1991. Adoption of the Consent Calendar will postpone consideration of this item until January 15, 1991. 15. Items Relating to Penalties and Rules' for Traffic Infractions. A. Hearing and First Reading of Ordinance No. 104, 1990, Amending 16. 17. EEC December 4, 1990 Section 1-15(b) of the Code Relating to General Penalties for Traffic Violations. Hearing and First Reading of Ordinance No. 105, 1990, Amending Chapter 19 of the Code to Include Rules for Traffic Infractions. Item A is an Ordinance that amends Section 1-15(b) of the City Code to clarify what violations of the Model Traffic Code are considered traffic infractions rather than misdemeanors. Item B is an Ordinance that adopts rules and procedures applicable to traffic infractions. The Special Assessments Debt Service Fund was budgeted for the first time in the 1990 budget. Staff calculated the amount of revenue on the basis of anticipated assessment payments, but realized that this projection would have to be revised late in the year to conform to actual receipts. During the year, the City received full payment of assessments on many properties whose owners chose to pay in one lump sum rather than installments. The City also received additional revenue as the result of the tax sale held on November 16, 1990. There is enough money in the special assessments debt service fund to call an additional $961,400 in bonds which was not anticipated when the 1990 budget was adopted. This ordinance appropriates that money for expenditure in 1990 thereby reducing the outstanding principal balance in special assessment bonds from $18,595,000 to $15,858,000. Since the dissolution of the Fort Collins -Loveland Airport Authority in May of 1990, the Cities have been jointly managing the Airport as provided for in a 1979 Intergovernmental Agreement. The new Intergovernmental Agreement is the result of several meetings between the Leadership Teams of the two communities in an attempt to clarify the roles and responsibilities of the two Cities with respect to the Airport. On October 16, 1990 the Council adopted PeLowtion 90-145 which expressed support for developing this Intergovernmental Agreement. The City of Fort Collins receives Federal Aid to Urban Systems (FAUS) funds for the operation of Commuter Pool. This funding is administered by the Ui16] 19. December 4, 1990 1 Colorado Department of Highways. This action will authorize the continued receipt of federal funds through the State of Colorado to the City for use in operating a ridesharing program. On March 20, 1990, the Council approved an amendment to the City of Fort Collins Fire Fighters Pension Plan. The amendment provided a conversion option for active members of the plan. Pension board members have followed the process outlined in the agenda item summary for the amendment and the following steps have been accomplished: 1) members eligible to convert from the existing plan to the new money purchase plan have received disclosure statements and minimum beginning account balances; 2) a vote of members eligible to convert has been completed; 3) all members desiring to convert have executed a Waiver and Release; and 4) an updated actuarial statement of the old hire plan liability has been received. Upon favorable action of this resolution by the Council, the Trustees of the new plan will select an investment manager for the Plan. Staff will file the appropriate Internal Revenue Service forms and, finally, distribute the funds according to the formula set out in the amendment. 20. Routine Deeds and Easements. a. Powerline easement from Michael E. Manning, 424 W. Oak Street, needed to underground existing overhead electric services. Monetary consideration: $10. b. Powerline easement from Beverly C. Guthrie Smith, 428 W. Oak Street, needed to underground existing overhead electric services. Monetary consideration: $10. C. Powerline easement from Donald L. Richmond and Dorothy McLain by Donald L. Richmond, 420 W. Oak Street, needed to underground existing overhead electric services. Monetary consideration: $10. d. Powerline easement from John 0. Walker, 416 W. Oak Street, needed to underground existing overhead electric services. Monetary consideration: $10. Powerline easement from Daniel M. George and Maureen W. George, 425 West Mountain Avenue, needed to underground existing overhead electric services. Monetary'consideration: $10. Ordinances on Second Reading were read by title by Wanda Krajicek, City Clerk. Item #7. Second Reading of Ordinance No. 122, 1990 Amending Sections 26-97 and 26-98 to Comply with the Water Metering Act of Colorado. ' 410 e ' December 4, 1990 Item #8. Second Reading of Ordinance No. 128, 1990, Amending the Code Relating to the Building Review Board. Item #9. Item #10 Item #11. Second Reading of Ordinance No. 130, 1990, Amending the Code Relating to Election Districts. the Transfer of Appropriated Amounts Between Funds. Item #12. Second Reading of Ordinance No. 134, 1990, Adopting the 1991 City of Fort Collins Pay Plan. Item #13. Item #14. A Second Reading of Ordinance No. 80, 1990, Annexing Approximately 46 Acres, Known as the Burns Annexation. Ordinances on First Reading were read by title by Wanda Krajicek, City Clerk. Item #15. A. 1 Item #16. Councilmember Edwards made a motion, seconded by Councilmember Mabry, to adopt and approve all items not removed from the, Consent Calendar. Yeas: Councilmembers Edwards, Horak, Kirkpatrick, Mabry, and Winokur. Nays: None. THE MOTION CARRIED. 1 411 December 4, 1990 Staff Reports City Manager Steve Burkett noted that a copy of the Denver noise ordinance was included in Council packets. Councilmember Reports Councilmember Horak reported he had recently attended the National League of Cities convention in Houston. He commented on EPA brochures he received regarding environmental risk. In addition, he gave a brief summary on the Clean Air Act and stormwater regulations. He spoke of money being used from water utility funds for household hazardous waste disposal and of the policy the NLC developed regarding wetlands. Resolution 90-175 Authorizing the Mayor to Nominate the City's Representative to the Larimer Emergency Telephone Authority, Postponed The following is staff's memorandum on this item: "EXECUTIVE SUMMARY The previously signed Intergovernmental Agreement concerning the implementation of E911 Emergency Telephone Service authorizes the City to nominate one person to the Larimer Emergency Telephone Authority. The Larimer County Board of Commissioners, upon receiving the City's nomination in writing, will make the appointment based on the City's recommendation. City Council may choose its representative from among the elected members of Council, from City staff, or from the community. If Council decides to make this appointment from within Police Services and is uncomfortable appointing an unnamed position such as Police Chief, it is recommended that Bud Reed, Commander of the Information Services Division, be selected. Should the appointment be made from among Council members or the community, Police Services will provide the necessary staff support to the representative. Providing technical support for the design, development and implementation of the emergency telephone system is a responsibility of the'entire Board and is not a requirement for the City of Fort Collins to'meet independently. Technical support is available to the Board from a variety of existing resource areas in local government. Furthermore, the Board may choose to contract for additional services as needed. There is no intention of relying exclusively upon vendor input in system design and implementation." 412 December 4, 1990 1 Councilmember Winokur made a motion, seconded by Councilmember Horak, to adopt Resolution 90-175 to include the name of Loren Maxey. Councilmember Winokur stated the importance of nominating an elected policy maker to the Authority. He believed that Councilmember Maxey would offer adequate representation because of his involvement with the Poudre Fire Authority Board and the Council's Health and Safety Committee. Councilmember Edwards said that in Councilmember Maxey's absence, he felt it was inappropriate to nominate him to the Authority Board until he had agreed to serve. Councilmember Mabry questioned if Councilmember Winokur desired to specifically nominate an elected official. Councilmember Winokur stated that was his intent. Mayor Kirkpatrick commented that she was hesitant in nominating a Councilmember because of possible conflicts in scheduling and stated a staff member would be better suited for the appointment. Councilmember Horak made a motion, seconded by Councilmember Edwards, to table ' Resolution 90-111 until the December 18 meeting. The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers Edwards, Horak, Mabry, and Winokur. Nays: Mayor Kirkpatrick. THE MOTION CARRIED. Ordinance No. 137, 1990, Fixing the Salary of the City Attorney, Adopted on First Reading The following is staff's memorandum on this item: "EXECUTIVE SUMMARY City Council has met in Executive Session to conduct the performance appraisal of City Attorney Steve Roy. This Ordinance will establish the 1991 salary for the City Attorney. Council needs to determine the dollar amount to be inserted in the Ordinance." Councilmember Winokur made a motion, seconded by Councilmember Edwards, to adopt Ordinance No. 137, 1990 on First Reading inserting the amount of $70,000. Mayor Kirkpatrick supported the Ordinance and commended City Attorney Steve Roy ' for his performance. 413 R December 4, 1990 ' Councilmember Horak opposed the motion stating an 11% increase was excessive and not in line with increases given to other City employees. Councilmember Edwards supported the motion and stated that the compensation rate is comparable with the marketplace. The vote on Councilmember Winokur's motion was as follows: Yeas: Councilmembers Edwards, Kirkpatrick, Mabry, and Winokur. Nays: Councilmember Horak. THE MOTION CARRIED. Other Business Councilmember Horak discussed possible alternate modes for the transportation plan and suggested representation from the Air Quality Task Force for the upcoming worksession. Councilmember Edwards informed Council that he received a report from staff regarding the disposal of wastewood. Councilmember Edwards made a motion, seconded by Councilmember Horak, to direct ' the City Manager to bring to Council, no later than the March 5, 1991 meeting a plan of options, costs and funding sources for a wastewood program designed to reduce the amount of wastewood that is placed in the landfill and as a part of that evaluation to look into the details of the contract with Larimer County regarding the landfill and particularly pursue any avenue of cooperation which may be attained. The vote on Councilmember Edward's motion was as follows: Yeas: Councilmembers Edwards, Horak, Kirkpatrick, Mabry, and Winokur. Nays: None. THE MOTION CARRIED. Councilmember Horak stated that he would like to have staff work with Beatriz Alonzo to gather facts surrounding her case so that there would be a better understanding of issues involved. Mayor Kirkpatrick asked for clarification in the' role of the Landmark Preservation Commission in their negotiations with Taco Bell. City Manager Steve Burkett stated he would provide written information on the topic. 414 1 Adjournment The meeting adjourned at 7:00 p.m. ATTEST: 0 City Clerk 415 December 4, 1990 l i1. u M or