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HomeMy WebLinkAboutMINUTES-12/02/2003-Regular0 December 2, 2003 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council -Manager Form of Government Regular Meeting - 6:00 p.m. A regular meeting of the Council of the City of Fort Collins was held on Tuesday, December 2, 2003, at 6:00 p.m, in the Council Chambers of the City of Fort Collins City Hall. Roll Call was answered by the following Councilmembers: Bertschy, Hamrick, Kastein, Martinez, Roy, Tharp and Weitkunat. Staff Members Present: Fischbach, Harris, Roy. Citizen Participation A certified court interpreter stated he was available to assist Spanish speaking members of the audience. David May, Fort Collins Area Chamber of Commerce, spoke regarding the City's six -point plan • regarding the local economy and thanked the Council for addressing economic issues. He stated several "anti -business" individuals spoke at the last meeting and indicated that the economy did not have serious problems. He stated it was important for the economy to receive attention and quoted from a December 2002 City study regarding the economy. He stated those who said "go slow" were really saying "do nothing." He stated the six -point economic plan was a good start and that the Chamber of Commerce was nearing completion of a business climate report. • Bobbie Poole, 2316 Manchester Court, spoke regarding the need for a human rights protection ordinance in response to the Clear Act. She stated adoption of the ordinance would address perceptions and send a positive message. She stated the Clear Act included an immunity clause that provided that law enforcement officers and agencies could not be held accountable for any actions taken under the Clear Act. Isabel Rodriguez -Thacker, 4014 South Lemay #9, Poudre School District employee, spoke regarding the Clear Act and her work with Hispanic students, many of whom were afraid to come to this meeting. She stated some of her students were here illegally and that many had been here since grade school. She asked the Council to consider adopting a human rights protection ordinance. Cheryl Gustasson spoke regarding the Clear Act and the need for a human rights protection ordinance. She stated many feared law enforcement and that an ordinance would help with perceptions. She stated the Mayor had asked the City Attorney for an opinion regarding whether illegal immigrants were protected from harassment by the police and that the City Attorney's office 329 December 2, 2003 issued a memo on November 18 stating that there were existing State laws that protect the civil rights of illegal immigrants and prohibit racial profiling and harassment. She spoke regarding the Garcia brothers who were stopped by police in another area of Colorado and deported within the "boundaries of these laws." She stated a new law was needed. Kelly Ohlson, 2040 Bennington Circle, defended himself against statements that had been made by Mr. May that he was "anti -business." He commended the discussions regarding the economy and stated nothing should be done to artificially stimulate population growth. He encouraged the Council to set tactical and strategic goals relating to the economy before adopting policies and programs. Flora Seines, 1713 Concord Drive, (assisted by the interpreter) spoke regarding the Clear Act and human rights. Ken Gordon, Human Relations Commission chair, spoke regarding his experiences as an African - American and the experiences of his children and stated there were instances of discrimination and racial profiling in Fort Collins. Theresa Ramos -Garcia, Fort Collins Board of Realtors, stated the Board did not support a moratorium on alley houses and did support standards and guidelines that were under discussion. Alberto Valdez, 3802 Lynda Lane, spoke regarding the impacts of the Clear Act and global economies on human rights. He stated countries like the U.S. benefit from the wealth and labor of countries such as Mexico and the labor of immigrants. He stated the Clear Act would contribute to more instances of racial profiling and would require the local police department to accept additional duties without adequate training. Victor Seines,1713 Concord Drive, spoke regarding the need for a human rights ordinance to protect people. Citizen Participation Follow-up Councilmember Tharp stated she was appalled the experiences of the Gordon family in Fort Collins. She noted that the Clear Act had not yet been approved and that the National League of Cities had taken a position against the Clear Act because of the impact on local resources. She stated the City could not tell the federal government what to do. She requested that information be placed on the City's web page advising citizens how to report incidents of alleged racial profiling and that the City Manager clarify what kind of training police officers receive. She questioned passing another law when there were already laws on the books addressing the issue. ("Secretary's Note: The interpreter translated Councilmember Tharp's comments into Spanish.) 330 • December 2, 2003 Councilmember Roy thanked all of the speakers and challenged Mr. May's comments regarding "anti -business" individuals. He also spoke regarding the Clear Act and how it created more fear for the entire nation. He stated all people should be able to search out and find freedom and that laws such as the Clear Act worked against human dignity. ("•Secretary's Note: The interpreter translated Councilmember Roy's comments into Spanish.) Councilmember Bertschy thanked Mr. Ohlson for his ideas concerning the economy and Ms. Ramos - Garcia for her comments regarding alley houses. He spoke regarding the rationale for a moratorium on alley houses. He spoke regarding the Clear Act and a response he received from the Police Chief regarding how contacts with Spanish-speaking residents are handled. He stated any individual stopped by the police had the right to ask for an interpreter and that there was always someone who could speak fluent Spanish on duty. He stated it was difficult for the City to react to a law that had not been enacted. ("Secretary's Note: The interpreter translated Councilmember Bertschy's comments into Spanish.) Mayor Martinez thanked the speakers for expressing their concerns and asked people to report any alleged instances of discrimination and racial profiling. He questioned the need for another law and requested that the City Attorney's memo regarding the Clear Act be placed on the City's web page. • He supported asking the Human Rights Commission and Multicultural Commission to work on a process to encourage those who feel wronged to make a report. He stated the Clear Act would not mandate enforcement and that enforcement would be voluntary. He stated it was unlikely that the Clear Act would pass and encouraged people to talk to their Congressional delegation about the Act. He stated it would be an unfunded mandate to ask the police to enforce immigration laws. He stated a lack of reporting of crimes was a nation-wide problem. ("*Secretary's Note: The interpreter translated Mayor Martinez's comments into Spanish.) • Agenda Review City Manager Fischbach stated item #20 Resolution 2003-133 Authorizing the Acceptance of a Donation by Lon J. And Jolene K. Jacobs ofa Conservation Easement on Property Located at 4550 Hidden Springs Road would be pulled from the agenda at the request of Mr. and Mrs. Jacobs. CONSENT CALENDAR 7. Postponement of Items Relating to the Peterson Annexation until February 3 2004 A. Postponement of Second Reading of Ordinance No. 051, 2003, Annexing Property Known as the Peterson Annexation to the City of Fort Collins, to February 3, 2004. 331 December 2, 2003 B. Postponement of Second Reading of Ordinance No. 052, 2003, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Peterson Annexation, to February 3, 2004. On April 1, 2003, Council unanimously adopted Resolution 2003-041, amending the Structure Plan for the property known as the Peterson Annexation, and Council also unanimously adopted Resolution 2003-042, setting forth findings of fact and determinations regarding the Peterson Annexation. This is a request for a 100% voluntary annexation of approximately 27.89 acres, located a half mile east of 1-25 and south of Vine Drive. This requested zone district is Urban Estate. On April 1, 2003, Council unanimously adopted Ordinance No. 051, 2003 and Ordinance No. 052, 2003, annexing and zoning the property included in the Peterson Annexation. Because there have been further delays in the final approval of this project, staff recommends postponing Second Reading of these Ordinances to February 3, 2004. 8. Postponement of Items Relating to the Streamside Annexation until February 3, 2004. A. Postponement of Second Reading of Ordinance No. 053, 2003, Annexing Property Known as the Streamside Annexation to the City of Fort Collins, to February 3, 2004. B. Postponement of Second ReadingofOrdinance No. 054, 2003, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Streamside Annexation, to February 3, 2004. On April 1, 2003, Council unanimously adopted Resolution 2003-043, amending the Structure Plan for the property known as the Streamside Annexation, and Council also unanimously adopted Resolution 2003-044, setting forth findings of fact and determinations regarding the Streamside Annexation. This is a request for a 100% voluntary annexation of approximately 73.67 acres, located just over half a mile east of 1-25 and south of Vine Drive. This requested zone district is Urban Estate. On April 1, 2003, Council unanimously adopted Ordinance No. 053, 2003 and Ordinance No. 054, 2003, annexing and zoning the property included in the Streamside Annexation. Because there have been further delays in the final approval ofthis project, staff recommends postponing Second Reading of these Ordinances to February 3, 2004. 9. Items Relating to the Appropriation of Miscellaneous Revenues for Police Services. A. Second Reading of Ordinance No. 157, 2003, Appropriating Unanticipated Grant Revenue in the General Fund for the Police Services Safety Belt Program. 332 • December 2, 2003 B. Second Reading of Ordinance No. 158, 2003, Appropriating Unanticipated Grant Revenue in the General Fund for Police Services and Authorizing the Transfer of Matching Funds Previously Appropriated in the Police Services Operating Budget to the Grant Project. C. Second Reading of Ordinance No. 159, 2003, Appropriating Unanticipated Grant Revenue in the General Fund for the Youth Community/Family Conferencing and Restore Programs and Authorizing the Transfer of Matching Funds Previously Appropriated in the Municipal Court Operating Budget to the Grant Project. Click It or Ticket "November Mobilization" 2003 Campaign Fort Collins Police Services has been awarded a grant from the Colorado Department of Transportation in the amount of $3,000. This grant will fund overtime costs associated with the enforcement of Colorado's seat belt laws. Ordinance No. 157, 2003, was unanimously adopted on First Reading on November 18, 2003. Local Law Enforcement Block Grant Fort Collins Police Services has been awarded a grant from the U. S. Department of Justice, • Local Law Enforcement Block Grant program (LLEBG) for the procurement of equipment and technology related to basic law enforcement functions. The grant funds will be used to purchase computer equipment that is compatible with the new CAD/RMS system. Ordinance No. 158, 2003, was unanimously adopted on First Reading on November 18, 2003. • Office of Juvenile Justice, Division of Criminal Justice (DCJ) Grant A grant in the amount of $47,195 has been received from the Colorado Division of Criminal Justice (DCJ) for salaries associated with the operation of the Youth Community/Family Conferencing (restorative justice) and Restore Programs. Ordinance No. 159, 2003, was unanimously adopted on First Reading on November 18, 2003, appropriating the funds need for this program. 10. Second Reading of Ordinance No 160 2003 Appropriating Unanticipated Grant Revenue in the General Fund for the Radon Program and Authorizing the Transfer ofMatchin Funds Previously ppropriated in the Natural Resources Operating Budget to the Grant Project This Ordinance, which was unanimously adopted on First Reading on November 18, 2003, appropriates the $15,000 CDPHE grant funds in the General Fund for the Radon Program. It also authorizes the transfer of $15,000 from the Natural Resources operating budget to the Grant Fund. The funds will be used to continue the radon education and testing programs. 333 December 2, 2003 II. Second Reading of Ordinance No. 161, 2003, Appropriating Storm Drainage Fund Prior Year Reserves into the Fossil Creek Basin Capital Project for the Construction of Storm Water Improvements Associated with the Timberline Road Waterline Improvement Project. The Fossil Creek Drainage Basin Master Plan identifies the need to improve the storm drainage culverts under Timberline Road at Fossil Creek, between Trilby and Carpenter Roads. The new culverts are a prerequisite for a future project that will remove approximately 105 homes from the Fossil Creek floodplain in the Paragon Point area. These improvements are adjacent to the Fossil Creek Wetlands Natural area on the west and the Fossil Creek Reservoir Natural area on the east. Ordinance No. 161, 2003, which was unanimously adopted on First Reading on November 18, 2003, appropriates prior year reserves for the Timberline Road Waterline Improvement Project. 12. Items Relating to the Comnetitive Process for Allocating City Financial Resources to Affordable Housing Proiects/Programs and Community Development Activities: the Fiscal Year 2003-2004 Home Investment Partnerships (HOME) Program, the Fiscal Year 2003- 2004 Community Development Block Grant (CDBG) Program, and the City's Affordable Housing Fund. A. Second Reading of Ordinance No. 162, 2003, Appropriating Unanticipated Revenue in the Home Investment Partnerships Fund. B. Second Reading of Ordinance No. 163, 2003, Appropriating Unanticipated Revenue in the Community Development Block Grant Fund. Ordinance No. 162 and 163, 2003, which were unanimously adopted on First Reading on November 18, 2003, appropriate unanticipated program income revenue for the HOME and CDBG programs respectively. 13. First Reading of Ordinance No. 164, 2003, Appropriating Unanticipated Revenue in the Capital Projects Fund for Transfer to the Capital Leasing Corporation Fund to be Used for Interest Associated with the Debt Service Payments on the City Office Building at 215 North Mason Avenue and the Civic Center Parking Structure. In 1998, the City completed a Lease Certificates of Participation financing to provide the funding for the Mason Street Office Building and the Parking Structure. The total amount of financing was S 17.2 million. During the design and construction phases, the City Finance Department invested the proceeds and earned more money than initially planned. Although the project is substantially complete, money remains in the project's escrow. Appropriate uses for the remaining funds include project improvements and interest payments on the semi-annual lease payments. Although the City normally transfers money from its General 334 0 December 2, 2003 Fund to the Capital Leasing Corporation Fund to pay the interest on the lease payments, this Ordinance transfers $718,668 from interest earnings in the Capital Projects Fund - Office Building capital project to the Capital Leasing Corporation Fund to make the interest payments. This will allow the City to freeze the appropriation from the General Fund, in effect providing more savings to the City's General Fund at the end of 2003. 14. First Reading of Ordinance No. 165, 2003, Authorizing the Transfer of Appropriations Between Funds to be Used for the Advanced Traffic Management System. This Ordinance transfers money from the General Fund to the Congestion Mitigation and Air Quality (CMAQ) account for the Advanced Traffic Management System (ATMS). Funds will be transferred as outlined below in resolution of a June 2001 CDOT Audit Report that found that a $52,962 grant paid to the City by CDOT was unallowable and recommended that CDOT require the City to repay those funds. Instead of requiring repayment, CDOT has agreed to allow the City to apply those funds to one of the City's top 2004 CMAQ projects. 15. Items Relating to the Pulliam Ranch Leases. • A. Resolution 2003-131 Approving the Sublease of City -Leased Property at 8281 West County Road 32 C, Loveland, Colorado. B. Resolution 2003-132 Approving the Lease of City -Owned Property and Sublease of City -leased Property in Sections 15, 16, 17, 18, 20, 21, 22, and 27 of Township 6 North, Range 70 West of the 6th P.M., Larimer County, Colorado. C. First Reading of Ordinance No. 167, 2003, Approving the Terms of the Lease Agreements for the Pulliam Ranch. Adoption of the Resolutions will allow the City to recover a portion of the annual lease amounts due to the Pulliam Trusts by leasing the areas of the Pulliam Ranch which are to be purchased and subleasing those areas and the existing residence which are leased and optioned for purchase. Adoption of the Ordinance will allow the City to submit the lease to the County in order for the leased property to be removed from the property tax rolls during the term of the lease and option contracts to purchase the Pulliam Ranch over a five year period. The City will have exclusive use rights to the leased portions of the Ranch up to the time of purchase and thus has agreed to remove the property tax burden from the Lessors. • 335 December 2, 2003 16. First Reading of Ordinance No. 168, 2003, Enacting a New Article VII of Chapter 7.5 of the City Code Establishing a Passenger Facility Charge at the Fort Collins/Loveland Municipal Airport. The Aviation Safety and Capacity Expansion Act of 1990 provided a new source of funding (Passenger Facility Charges-PFC), for authorized airports to fund needed airport expansion projects that might otherwise go unfunded. In 1993 and 1995 the Fort Collins/Loveland Airport received approval from the FAA to collect PFCs since the airport was receiving scheduled passenger airline service. In these prior years the FAA allowed a maximum PFC collection of $3.00 per enplaned passenger, which is the amount the Cities were approved to collect. Once the airport lost scheduled airline passenger service in 1997 the Airport's PFC collections were canceled. Allegiant Air started regular scheduled airline passenger service on July 31, 2003 which qualifies the airport to submit a new Application for the collection of PFCs. Since our last PFC Application, the FAA has increased the maximum amount for PFCs from $3.00 to $4.50 per enplaned passenger. The approval of this Ordinance will enact a new article of the City Code establishing a PFC for $4.50 per enplaned passenger flying from the Fort Collins/Loveland Airport. 17. First Reading of Ordinance No. 170, 2003, Amending Section 2-575 of the City Code Relating to Councilmember Compensation. Article II, Section 3 of the City Charter provides that the compensation of Councilmembers shall be adjusted annually for inflation in accordance with the Denver/Boulder Consumer Price Index. In 2003, Councilmembers were compensated $585 per month, and the Mayor received $880 per month. This Ordinance amends Section 2-575 of the City Code to set the 2004 compensation of Councilmembers at $595 and the compensation of the Mayor at $895, as required by the City Charter. The 2004 compensation amounts, adjusted for inflation in accordance with the Denver/Boulder Consumer Price Index are $595 per month for Councilmembers and $895 per month for the Mayor. 18. First Reading of Ordinance No 171, 2003, Designating the E. Kimple House, 415 East Elizabeth Street as a Fort Collins Landmark Pursuant to Chapter 14 of the City Code. The owners of the property, Jennifer Anderson and Susan Hogg, are initiating this request for Fort Collins Landmark designation for the E. Kimple House. The Edward and Sylvia Kimple House is significant to Fort Collins under Landmark Preservation Standard 3, for its architectural merits. It is a relatively intact and nicely detailed example of a small Queen 336 0 December 2, 2003 Anne / Folk Victorian residential dwelling. The property is listed on the National Register of Historic Places, as a contributing element of the Laurel School National Register District. 19. First Reading of Ordinance No. 172, 2003, Designating the Historic Seventh Day Adventist Church, 400 Whedbee Street, as a Fort Collins Landmark Pursuant to Chapter 14 of the City Code. The owner of the property, The Whole Life Church of Religious Science, is initiating this request for Fort Collins Landmark designation for the Historic Seventh Day Adventist Church. The property is individually eligible for landmark designation under City of Fort Collins Landmark Preservation Standards (1) - Association with events that have made a significant contribution to the broad patterns of history; and (3) - Embodies the distinctive characteristics of a type, period, or method of construction. 20. Resolution 2003-133 Authorizing the Acceptance of a Donation by Lon J. And Jolene K. Jacobs of a Conservation Easement on Property Located at 4550 Hidden Springs Road. Lon J. and Jolene K. Jacobs have proposed to donate to the City Natural Areas program a conservation easement on a property 35 acres in size in the Hidden Springs Subdivision at • 4550 Hidden Springs Road in Fort Collins. This conservation easement will allow a five acre or less building envelope for the existing 3,650 square foot residential home and 768 square foot pole barn. The conservation easement will require that the entire property outside of the building envelope remain natural, with no four wheel vehicles or grazing of any animals permitted. The Jacobs Property is adjacent to and situated immediately southwest of the Cathy Fromme Prairie Natural Area. It is adjacent to and immediately north of the Larimer County Landfill. The Conservation easement will afford additional scenic views of the foothills of the Rocky Mountains. Mr. and Mrs. Jacobs will provide to the City a current appraisal, Phase One Site Assessment, Title Commitment and Survey defining the building envelope. The Conservation easement will be donated to the City as a charitable contribution. The acceptance of the donation is contingent upon receipt of an acceptable appraisal and a fully -executed Conservation Easement. 337 December 1, 2003 21. Resolution 2003-134Authorizinp the Purchasinp Agent to Enter into a Professional Services Agreement with Bondi & Co., Certified Public Accountants, for Auditing Services for 2003, With Annually Renewable Terns for 2004 Through 2007. The proposed resolution authorizes the Purchasing Agent to enter into an agreement for auditing services with Bondi & Co. for the 2003 audit. The agreement would be renewable on an annual basis through 2007 with the approval of the Leadership Team. The agreement can be terminated if the auditing services are deemed unsatisfactory. 22. Resolution 2003-135 Approving the Purchase of Animal Control Services from the Larimer Humane Society for 2004 as an Exception to the Competitive Purchasing Process. The City of Fort Collins has contracted with the Larimer Humane Society for animal control services for nearly 20 years. The contract requires the Larimer Humane Society to provide a variety of specialized equipment and personnel necessary to provide animal control services to the City of Fort Collins; to operate a shelter facility, to provide emergency veterinary care; to dispose of dead animals; to respond to animal -related calls for service; to enforce City ordinances pertaining to animals; the administration of a pet licensing program and to provide accurate quarterly reports to City staff. There is no other known organization, entity or individual currently capable of performing these services. The City of Fort Collins relies on the Larimer Humane Society to address animal -related issues within the City limits and it remains dedicated to providing professional animal control services to the City. Adoption of this Resolution will allow this contractual relationship to continue. 23. Items Relating to the Employment Contracts of the City Manager, City Attorney and Municipal Judge. A. Resolution 2003-136 Authorizing the Mayor to Execute a Fourth Addendum to the City's Employment Agreement with John F. Fischbach as City Manager of the City of Fort Collins. B. Resolution 2003-137 Authorizing the Mayor to Execute a Fourth Addendum to the City's Employment Agreement with Stephen J. Roy as City Attorney of the City of Fort Collins. C. Resolution 2003-138 Authorizing the Mayor to Execute a Fifth Addendum to the City's Employment Agreement with Kathleen M. Lane as Municipal Judge of the City of Fort Collins. 338 0 December 2, 2003 The City Manager, City Attorney and Municipal Judge are hired directly by the City Council, and the terms and conditions of their employment are spelled out in employment agreements for each employee. The employment contract of each of these employees presently contains a provision under which the City pays for the cost of an annual physical exam. Questions have arisen regarding the kinds of tests that are within the scope of that provision. The purpose of the new provisions is to standardize the wording related to this benefit for each employee and to impose a maximum dollar amount to be expended by the City for such benefit, irrespective of the kinds of medical tests that may be recommended for each employee. The result will be to provide maximum flexibility with regard to the nature of the exam while still controlling the cost to the City. 24. Items Relating to Participation in Help Preserve Open Space Revenue Sharing with Windsor and Johnstown. A. Resolution 2003-139 Approving and Adopting an Updated Natural Areas Policy as a Policy Element of the City's Comprehensive Plan. B. Resolution 2003-140 Authorizing an Intergovernmental Agreement with Larimer County and Larimer County Municipalities For Sharing County Help Preserve Open • Space Tax Revenue with Windsor and Johnstown. This Natural Areas Policy update and Intergovernmental Agreement (IGA) allow the municipalities of Loveland, Fort Collins, Estes Park, Berthoud, Timnath, and Wellington to relinquish to Windsor and Johnstown a portion of the minimum 55% and maximum 65% municipal share of revenue from the County wide sales tax for parks and open space ("Help Preserve Open Space" or "HPOS"). By entering into the IGA, Loveland, Fort Collins, Estes Park, Berthoud, Timnath and Wellington each request Larimer County to pay a portion of the HPOS revenues to Windsor and Johnstown in a proportion determined using the formula used to apportion the municipal share of those revenues. 25. Resolution 2003-141 Adopting the Citv's 2004 Legislative Policy Agenda. Each year the Legislative Review Committee (LRC) develops a legislative agenda to assist in the analysis of pending legislation. The proposed 2004 Legislative Policy Agenda, has been updated from the 2003 document and was reviewed and approved by the LRC on November 13, 2003. Changes are highlighted. This document will be used as a guide for the upcoming 2004 General Assembly and the second session of the 108th Congress. The purpose of the Legislative Policy Agenda is to articulate the city's position on common legislative topics. It will be used by Council members and staff to determine positions on pending legislation and as a general reference for state legislators and the Colorado • congressional delegation. 339 December 2, 2003 ***END CONSENT*** Ordinances on Second Reading were read by title by Chief Deputy City Clerk Hams. 9. Items Relating to the Appropriation of Miscellaneous Revenues for Police Services. A. Second Reading of Ordinance No. 157, 2003, Appropriating Unanticipated Grant Revenue in the General Fund for the Police Services Safety Belt Program. B. Second Reading of Ordinance No. 158, 2003, Appropriating Unanticipated Grant Revenue in the General Fund for Police Services and Authorizing the Transfer of Matching Funds Previously Appropriated in the Police Services Operating Budget to the Grant Project. C. Second Reading of Ordinance No. 159, 2003, Appropriating Unanticipated Grant Revenue in the General Fund for the Youth Community/Family Conferencing and Restore Programs and Authorizing the Transfer of Matching Funds Previously Appropriated in the Municipal Court Operating Budget to the Grant Project. 10. Second Reading of Ordinance No. 160, 2003, Appropriating Unanticipated Grant Revenue in the General Fund for the Radon Program and Authorizing the Transfer of MatchingFunds unds Previously Appropriated in the Natural Resources Operating Budget to the Grant Project. 11. Second Reading of Ordinance No. 161, 2003, Appropriating Storm Drainage Fund Prior Year Reserves into the Fossil Creek Basin Capital Project for the Construction of Storm Water Improvements Associated with the Timberline Road Waterline Improvement Proiect. 12. Items Relating to the Competitive Process for Allocating City Financial Resources to Affordable Housing Proiects/Programs and Community Development Activities: the Fiscal Year 2003-2004 Home Investment Partnerships (HOME) Program, the Fiscal Year 2003- 2004 Community Development Block Grant (CDBG) Program, and the City's Affordable HousingFund. A. Second Reading of Ordinance No. 162, 2003, Appropriating Unanticipated Revenue in the Home Investment Partnerships Fund. B. Second Reading of Ordinance No. 163, 2003, Appropriating Unanticipated Revenue in the Community Development Block Grant Fund. 340 • December 2, 2003 is Ordinances on First Reading were read by title by Chief Deputy City Clerk Hams. 13. First Reading of Ordinance No. 164, 2003, Appropriating Unanticipated Revenue in the Capital Projects Fund for Transfer to the Capital Leasing Corporation Fund to be Used for Interest Associated with the Debt Service Payments on the City Office Building at 215 North Mason Avenue and the Civic Center Parkins Structure. 14. First Reading of Ordinance No. 165, 2003, Authorizing the Transfer of Appropriations Between Funds to be Used for the Advanced Traffic Management System. 15. First Reading of Ordinance No. 167, 2003, Approving the Terms of the Lease Agreements for the Pulliam Ranch. 16. First Reading of Ordinance No. 168, 2003, Enacting a New Article VII of Chapter 7.5 of the City Code Establishing a Passenger Facility Charge at the Fort Collins/Loveland Municipal Airport. 17. First Reading of Ordinance No. 170, 2003, Amending Section 2-575 of the Citv Code Relating to Councilmember Compensation. 18. First Reading of Ordinance No. 171, 2003, Designating the E. Kimple House, 415 East Elizabeth Street, as a Fort Collins Landmark Pursuant to Chanter 14 of the City Code. 19. First Reading of Ordinance No. 172, 2003, Designating the Historic Seventh DAY Adventist Church, 400 Whedbee Street, as a Fort Collins Landmark Pursuant to Chapter 14 of the City Code. 29. First Reading of Ordinance No. 173, 2003, Making Various Amendments to the City of Fort Collins Land Use Code. 30. First Reading of Ordinance No. 174, 2003, Continuing a Temporary Manufacturing Equipment Use Tax Rebate Program for Fort Collins Manufacturers. 31. First Reading of Ordinance No. 175, 2003. ADDroDriating Unanticipated Revenue and Prior Year Reserves in the Benefits Fund to be Used to Cover Medical Claims and Other Expenses. 32. First Reading of Ordinance No. 176, 2003, Appropriating Prior Year Reserves in the Transportation Services Fund for Transfer to the North Front Range Transportation & Air Quality Planning Council Fund for the Purpose of Providing a Loan to the Metropolitan Planning Organization. 341 December 2, 2003 Councilmember Bertschy made a motion, seconded by Councilmember Kastein, to adopt and approve all items not withdrawn from the Consent Calendar. The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Hamrick, Kastein, Martinez, Roy, Tharp and Weitkunat. Nays: None. THE MOTION CARRIED Consent Calendar Follow-up Councilmember Tharp spoke regarding item #13 First Reading of Ordinance No. 164, 2003, Appropriating Unanticipated Revenue in the Capital Projects Fund for Transfer to the Capital Leasing Corporation Fund to be Used for Interest Associated with the Debt Service Payments on the City Office Building at 215 North Mason Avenue and the Civic Center Parking Structure and expressed concern that additional money was available to the General Fund after the discussions about a tight budget. Councilmember Kastein spoke regarding item #13 First Reading of Ordinance No. 164, 2003, Appropriating Unanticipated Revenue in the Capital Projects Fund for Transfer to the Capital Leasing Corporation Fund to be Used for Interest Associated with the Debt Service Payments on the City Office Building at 215 North Mason Avenue and the Civic Center Parking Structure and stated he had similar concerns regarding why that money could be freed up at this point. He asked if the additional money could be used in the 2005 exceptions process or at any time deemed appropriate by the Council. City Manager Fischbach replied in the affirmative. Councilmember Kastein spoke regarding #14 First Reading of Ordinance No. 165, 2003, Authorizing the Transfer of Appropriations Between Funds to be Used for the Advanced Traffic Management System and requested a detailed report regarding traffic improvements since the implementation of the system. He stated he was interested in information from the Transportation Board on evaluation criteria for the system. Councilmember Weitkunat spoke regarding item #14 First Reading of Ordinance No. 165, 2003, Authorizing the Transfer of Appropriations Between Funds to be Used for the Advanced Traffic Management System and asked how often it happened that CDOT asked for repayment of money. City Manager Fischbach stated this was a federal program and that federal auditors determined that the grant should not have been awarded by CDOT. Councilmember Hamrick spoke regarding item #13 First Reading of Ordinance No. 164, 2003, Appropriating Unanticipated Revenue in the Capital Projects Fund for Transfer to the Capital Leasing Corporation Fund to be Used for Interest Associated with the Debt Service Payments on the City Office Building at 215 North Mason Avenue and the Civic Center Parking Structure and expressed concern that the money was sitting in an account without Council's knowledge. 342 December 2. 2003 Staff Reports City Manager Fischbach presented an update regarding staff responses to Council requests for information. ("Secretary's Note: Council discussed some of the items under Councilmember Reports.) He reported on the participation of City employees in the Drive Less Challenge and certification for Roger Daigle, Sports Turf Crew Chief, as one of only five certified sports field managers in Colorado. He spoke regarding the efforts of City employees as community volunteers. Councilmember Reports Councilmember Kastein spoke about the request for information from staff regarding signalization at Laurel and Mason and reminded Council that $.75 million had already been allocated to the number one priority intersection at Harmony and Shields. He stated the $200,000 needed for the Laurel/Mason signal was a lot to spend and that $3.5 million was needed to continue the work on Harmony. Councilmember Tharp spoke about the Laurel/Mason intersection signal and stated the City could be responsive to pedestrian concerns about that intersection by using one-time money for a signal light. She stated there was $6.1 million in undesignated reserves. She stated she would like to know • the procedure for moving that project forward. • Mayor Martinez asked about the amount available in reserves. City Manager Fischbach stated the approved budget included $2,004,000 in left over reserves. He stated at the end of the year there would be $2,722,000 in reserves that the Council could appropriate by motion. Councilmember Weitkunat stated she wanted to be cautious about "piecemealing" transportation solutions when there were intersections that had been identified as priorities for years. She stated funding for the Laurel/Mason intersection might be inappropriate given the long term needs in other parts of the City. She stated she would not support looking at the Laurel/Mason intersection outside of the big transportation picture. Mayor Martinez asked about the cost to fix Harmony and Seneca. City Manager Fischbach stated the approximate cost was $4.2 million. He stated $750,000 had been set aside for engineering and that roughly $3.5 million would have to be taken from reserves. Mayor Martinez asked if funds could be dedicated to quicken the pace for that project. City Manager Fischbach replied in the affirmative. Councilmember Bertschy stated the Prospect/Timberline intersection also needed work. He asked where the Laurel/Mason intersection would rank with respect to other dangerous intersections. He 343 December 2, 2003 stated would affect his decision on whether to appropriate funds for that intersection. He stated there were pedestrian and traffic safety concerns at the intersection. Councilmember Hamrick followed up on the staff response item relating to creation of a Blue Ribbon Budget Committee. City Manager Fischbach stated would be discussed with the economic development subcommittee. Councilmember Hamrick stated he saw this as purely a budget committee and that he would support Councilmember Tharp's original suggestion for a separate Blue Ribbon Budget Committee. Councilmember Tharp stated her original suggestion was a budget committee that would be separate from an economic development subcommittee. Councilmember Bertschy stated it was his understanding that there would be a budget committee separate from the economic development subcommittee. Councilmember Hamrick stated he would like to see a Resolution prepared for Council consideration to state the intent regarding the budget committee. City Manager Fischbach stated the Resolution would be scheduled on December 16. Councilmember Bertschy reported that the City had received a plaque from the Governor's Office of Innovation and Technology for second place nationally in the 2002 Digital Cities Survey. Ordinance No. 173, 2003 Making Various Amendments to the City of Fort Collins Land Use Code. Adopted on First Reading. The following is staffs memorandum on this item. EXECUTIVE SUMMARY Staff has identified a variety ofproposed changes, additions and clarifications in the Fall biannual update of the Land Use Code. On November 20, 2003, the Planning and Zoning Board considered the proposed changes and took specific action on four individual items. Outside of these four specific items, the Board voted 6-0 to recommend approval of the balance of the proposed changes to City Council. 344 December 2, 2003 BACKGROUND The Land Use Code was first adopted in March of 1997. Subsequent revisions have been recommended on a biannual basis to make changes, additions, deletions and clarifications that have been identified in the preceding six months. The proposed changes are offered in order to resolve implementation issues and to continuously improve both the overall quality and "user friendliness" of the Code. " City Manager Fischbach introduced the agenda item. Ted Shepard, Chief Planner, stated this was the fall cycle for Land Use Code changes. He stated the Planning and Zoning Board expressed to petitioners that would be heard from at this meeting that they would be welcome to come back during the Spring 2004 cycle to have a separate work session with the Board. He stated one member of the Planning and Zoning Board asked him to clarify that she did not support a Code change relating to modifications to be heard by the Hearing Officer because the Planning and Zoning had a seven -member body that had a history of interpreting standards in a more advantageous way than a single Hearing Officer. He stated staff was •recommending that Land Use Code change be approved primarily based on the recommendation from the Paul Zucker report. • John Prouty, 3944 JFK Parkway, spoke regarding the proposed amendment allowing modifications ancillary to Type 1 reviews to be heard by the Type 1 Hearing Officer. He stated it was important that the City Council and the Planning and Zoning Board not focus on minutiae. He recommended that the City Council approve this Land Use Code change because it would result in the best use of the City staff s time and expertise, it would free the Planning and Zoning Board to focus on macro considerations, and it would result in increased efficiency and a reduction in the uncertainty of the development review process. Linda Ripley, VF Ripley and Associates, representing a client who would like to develop a reception center, spoke regarding adding a new land use definition in the U-E zone. She spoke regarding the purposes of a reception center (weddings, retreats, holiday parties, seminars, celebrations, etc.). She stated the site of a reception center would be integral to the land use. She showed slides depicting a reception center and sites in the U-E zone that would be appropriate for a reception center. She stated there was no process to allow her client's project to be brought forth for consideration on its own merits. She stated a determination was made that the solution was to allow reception centers in the U-E zone. Councilmember Tharp made a motion, seconded by Councilmember Weitkunat, to extend the speaker's time by one minute. 345 December 2, 2003 Councilmember Hamrick spoke against making a special allowance for one speaker and not making the same allowance for others. Councilmember Kastein stated it would be appropriate during Council questions to ask a speaker to complete a presentation. Councilmember Bertschy suggested that other speaker's could complete Ms. Ripley's presentation. THE MOTION WAS WITHDRAWN Julie Baker, representing Wendy Meyer, spoke regarding concerns that had been heard at Planning and Zoning Board discussions regarding allowing reception centers in the U-E zone. She stated additional performance standards had been set since the Planning and Zoning Board meeting: that all parking would be accommodated on the site, that the primary building facility would be a minimum of 5,000 square feet, that the primary facility would be located a minimum of 300 feet from the nearest residence, that the minimum lot size would be four acres, that there would be no amplified outdoor music played after 8:00 p.m. Sunday through Thursday or past 9:00 p.m. Friday and Saturday, and that access would be from a collector or arterial street. She stated she and her partner had been searching for four years for a perfect property for a reception center. She stated reception centers were common in other areas and that a reception center would be an asset to the community. She spoke regarding the need for reception centers in the City. Stacy Richter, wedding event planner and publisher of the Perfect Wedding Guide, stated the Planning and Zoning Board recommended that this was a significant use that was needed in Fort Collins. She stated the goal was that reception centers would be integral in the U-E zone. She stated the Planning and Zoning Board had delayed the matter to the Spring. She asked that the Council make its decision based on the information presented rather than solely on the Planning and Zoning Board recommendation. She referenced a map showing the Urban Estates parcels in Fort Collins that were four acres or larger. She stated one of the proposed performance standards was to require four acres or larger for reception centers in the U-E zone. She stated there were 26 parcels met that performance standard. She referenced a second map showing collector and arterial streets in relation to the U-E parcels that were larger than four acres and stated 13 sites met that performance standard. She stated the other performance standards would narrow the number of possible sites to only a few. She stated requiring an entrance from a collector or arterial street would help to address neighborhood concerns about traffic. She stated other performance standards addressed concerns regarding noise and that the reception center operators would obey all laws, including noise ordinances, to avoid risking livelihoods. She stated the landscaping at an outdoor reception area would also buffer any noise. She stated the reception center would not be a "Fiddler's Green." Joe Carter, 5126 Corbett Drive, Cityscape Urban Design, supported giving the Administrative Hearing Officer the authority evaluate modification requests in conjunction with Type 1 reviews. 346 • December 2, 2003 He stated the City has made strides to streamline and improve the development review process since the Zucker report. He stated allowing the Administrative Hearing Officer to make these types of decisions through the Type 1 hearing would make the process better. Councilmember Tharp asked Ms. Ripley to complete her presentation. Ms. Ripley stated her third point was that there would be community benefit, such as preservation of historic buildings, preservation of pockets of open space and natural resources, and economic benefits. Councilmember Weitkunat requested clarification regarding what was being asked of Council. Shepard stated if it was the desire of the Council to allow a modification to be heard by the Hearing Officer that a change would have to be made to the Ordinance on Second Reading. He stated was not included in the Ordinance as drafted. Councilmember Weitkunat stated it made sense to allow the Hearing Officer to make a decision on a modification on Type 1 reviews when the Hearing Officer was allowed to make the initial decision. She stated she would support putting this in the Ordinance. • Councilmember Kastein asked if the Council Development Review Committee had looked at the issue. • Councilmember Hamrick stated the Development Review Committee had not taken a look at a lot of the changes coming out of the Zucker report. He stated this was a gap in the process. Councilmember Kastein asked if the Development Review Committee was still meeting. Councilmember Tharp stated the Committee had not been convened to deal with these changes. Councilmember Kastein asked if all of the recommendations from the Zucker report had been addressed and if the Committee was interested in looking at those issues. Cameron Gloss, Director of Current Planning, stated this item was included in the discussion at the meeting that was held with the Development Review Committee. He stated he highlighted the change relating to modifications in his presentation to the Committee. He stated the Zucker report ranked this item as the third in his top priorities for changes. He stated his presentation to the Committee talked about this as a key change for the fall Land Use Code change cycle. Councilmember Tharp stated the Committee did agree with the priorities set out in staffs presentation at that time although she did not recall this item. 347 December 2, 2003 Councilmember Hamrick asked when the Planning and Zoning Board addressed these Land Use Code changes. Gloss stated the Board addressed the changes on November 20. Councilmember Hamrick stated it would be helpful to have the Board minutes. Gloss stated the summary minutes had not been completed and that the packet included some abbreviated minutes that addressed the individual items that were of greatest concern. Councilmember Hamrick stated he would prefer to receive the Board minutes rather than a staff summary. City Manager Fischbach stated the Land Use Code changes would not have been heard at this meeting if the minutes were to be included. Councilmember Hamrick asked if there was some urgency in having the Land Use Code changes considered now rather than at another time. Gloss stated there was a set schedule for Code changes and that the intent was to get them done before the first of the year. He noted that there was discussion with Planning and Zoning Board members regarding the summary minutes at the Board's Study Session and that the Board was comfortable with the summary minutes except for the issues identified by Shepard. Councilmember Hamrick noted that the Board had a number of split votes and that was the reason he was interested in the discussion. City Manager Fischbach asked if Councilmember Hamrick wanted issues to be delayed until minutes were available. Councilmember Hamrick stated he would support delaying issues until the minutes were available since the Board's role was to advise the City Council. He stated he was concerned that the Board's discussion was not available to the Council when decisions were being made. He stated the intent of the Board was not clear on issues when there was a split vote. Mayor Martinez asked if there was Council support to delay the process until Board minutes were available. Councilmember Roy stated he would support Councilmember Hamrick's concern. He stated he had questions about the small scale reception centers in the Urban Estates zone. Councilmember Weitkunat stated she would not support this direction. Mayor Martinez stated it appeared that only two Councilmembers supported a delay until the minutes were available and that there was therefore no direction for a delay. Councilmember Bertschy stated he would prefer to have the minutes available. MR 0 December 2, 2003 Councilmember Kastein asked if this was a Planning and Zoning Board study session or a regular meeting. Gloss stated it was a regular meeting. Councilmember Kastein noted that a videotape would be available since it was a regular meeting. City Manager Fischbach stated the videotape could be made available to the Council. Mayor Martinez asked that the videotape be made available so that the process would not be delayed. Councilmember Bertschy requested that the videotape be made available to the Council prior to Second Reading. City Manager Fischbach indicated that would be done. Councilmember Tharp suggested proceeding with the discussion at this time. She stated she believed that allowing modifications to be heard by the administrative hearing officer was a reasonable way to streamline the process. Councilmember Hamrick asked for an explanation of the difference between Type 1 and Type 2 reviews and requested that examples be given. Gloss presented examples of the two types of reviews. Councilmember Hamrick asked about the appeal process. Gloss stated Type 1 and Type 2 reviews • would be appealed to the City Council. City Manager Fischbach stated the appeal on Discount Tire Company was a Type 1 review. • ("Secretary's Note: The Council took a brief recess at this point.) Councilmember Weitkunat spoke regarding item 615 relating to the modification procedure. She stated the Land Use Code changes were considered to fix glitches that had been identified. She stated it was inappropriate to have to go through a full blown Planning and Zoning Board hearing for modifications. She stated this change would respond to the Zucker report and would fix a problem in the Land Use Code. She supported adding this change to the ordinance to allow the hearing officer to hear modifications. Councilmember Hamrick asked for further explanation about the change relating to contiguity standards for Overall Development Plans. Gloss stated the Council recently made findings about restricting the Growth Management Area (GMA) boundary and that staff had completed an assessment about the amount of available land for Overall Development Plans (ODPs) within the GMA. He stated staff did not see an advantage to requiring that lands be contiguous for an ODP, which was intended to provide a framework for development, to show where street connections might be made to provide a continuous street network, and to highlight where natural resources needed to be protected. He stated this was pre -planning for future development. He stated staff saw 349 December 2, 2003 no reason for the pre -planning to not occur and that staff saw no good reason to continue the contiguity standards for ODPs. Councilmember Hamrick asked if this was based on the assumption that there was a fixed GMA. Gloss replied in the affirmative and noted that there had been much development at the fringes of the City since the ordinance was written in 1997. Councilmember Hamrick asked how compatibility issues would be addressed. Gloss stated the issue was the purpose of the Overall Development Plan, which was not detailed land planning but was an overall framework. He stated the ODP did not specify densities or design for development and that it did not create any vested property rights. He stated a development was not built based on the ODP, that the development would have to go through project development plan processes and that it would have to meet contiguity requirements for a specific phase. He stated building permits could be years after the ODP. Councilmember Hamrick asked if there would be any problem with infrastructure under this approach. Gloss stated the ODP identified where the overall deficiencies existed. Councilmember Weitkunat stated it was helpful to look at the ODP as the "vision" and the PDP as the "small picture." She stated it made sense that the ODP not require contiguity while the PDP would require contiguity. Councilmember Bertschy stated zoning was "anticipated" if the property had not been annexed. Gloss stated reliance was on the Structure Plan. Councilmember Bertschy asked if the Structure Plan would hold on the ODP pending future contiguity for development. Gloss stated development contiguity and annexation contiguity, based on statutory requirement, were two different things. Councilmember Bertschy asked if it was the City's policy to require annexation at the time of PDP. Gloss stated an ODP must be in the City because the County did not process ODPs and the ground was therefore already annexed. Councilmember Roy stated he would like to hear more from those who spoke about the reception center issue regarding why they did not feel they received a fair hearing from the Planning and Zoning Board. Ms. Ripley stated there were two applicants working on the reception center concept. She stated she and her client did not feel that they were treated unfairly. She expressed a concern about what was said in the staff report with regard to the 7-0 vote of the Board to not add reception centers to the U- E zone. She stated was not the message she got at the Board meeting and that the Board sent a clear 350 0 December 2, 2003 message that they wanted staff to look at the performance standards, that they thought that it would be possible for this to work, and that they felt that they did not have enough time to understand the performance standards that were presented. She stated the Board was uncomfortable with the issue but did not want to "kill" it. She stated she believed that a review of the video would make all of this clear. Councilmember Tharp stated there was a paragraph in the summary that stated the Board indicated that while the addition of the use into the U-E zone was plausible that the Board would feel more comfortable with more research on the impact and that the Board could benefit from a separate work session on this issue. She stated this statement and the 7-0 vote gave conflicting information. She stated she would support following the Board suggestion regarding more research and a separate work session on this particular topic. She stated it would be necessary to review the tape to determine why there was a 7-0 vote against it if the summary statement was part of the Board's thinking. Councilmember Kastein stated the matter could be remanded to the Planning and Zoning Board for additional information. Councilmember Tharp stated she would support remanding the matter to the Board. • Mayor Martinez stated he would also support that. Councilmember Bertschy asked what the options would be, short of changing the Land Use Code, when an applicant was looking at a specific use and it did not match the zoning for a specific site. Shepard stated one option would be under Section 1.3.4, which provided that the Planning Director could add the use for that one particular property if that use was not found anywhere else in the definitions. He stated this would require the staff to come back to the Council to get the land use ratified. He stated the option was attempted in this case and that staff elected not to go that route because the performance standards had not been studied at that time. He stated another process would be to rezone the property and that would be spot zoning. He stated the City's preference was to rezone large parcels rather than small parcels for specific projects. He stated the remaining option was to add the use to the zone district. He stated the Planning and Zoning Board chair had asked if a use variance could be done and that it was determined that would not be allowed because it could be interpreted as spot rezoning. Councilmember Bertschy asked about the rezoning of the property where the Lifestyle Center would be located. Shepard stated was an amendment to the Harmony Corridor Plan, which then allowed the land use to be included in the Harmony Corridor zone district. He stated the Resolution amending the plan was followed by an Ordinance that allowed the land use in the zone. He stated a PDP then came forward to the Planning and Zoning Board for the specific project. 351 December 2. 2003 Councilmember Bertschy stated it appeared that the reception center issue should go back to the Planning and Zoning Board to be reconsidered for consideration of emerging information. Councilmember Kastein asked if the requested use would work in some of the U-E parcels and not in others. Shepard replied if the affirmative and stated the U-E zone was a diverse zone and had a variety of vacant, unplatted and old County subdivision parcels. Councilmember Kastein asked why reception centers would be acceptable in one U-E property and not in another. He asked why the Code could not address a standard for placement of a reception center in the U-E zone. Shepard stated this would go back to the performance standards and that this use would require acreage, an indoor facility for catering, on -site parking, minimum lot size, and buffering. He stated there were some suitable properties in the U-E zone and that some U-E properties would not be suitable. Councilmember Kastein asked if the performance criteria could be applied as a requirement. Shepard stated the performance standards had improved and that staff s initial reluctance was "waning." Councilmember Kastein asked if this issue was worth another look by the Planning and Zoning Board. Shepard replied in the affirmative and stated the performance standards had been enhanced and that there was still a residual issue surrounding the Planning and Zoning Board process. Councilmember Weitkunat asked if the issue was as follows: that there was a definition in the Code relating to small reception centers and allowance in the Commercial zone, and an issue of allowing reception centers in the U-E zone which could be remanded to the Planning and Zoning Board. Gloss replied in the affirmative. Councilmember Hamrick asked if any public outreach would be done with the residents in the U-E zone to notify them that there could be an impact to their areas. Shepard stated notification would take place at the time of application for a PDP. He stated because this was district and City-wide and legislative in nature that staff had been reluctant to do a broadcast notification. He stated notification was PDP specific. He stated the neighborhood had been informed regarding the possibility of a reception center on one of the sites and that there had been informal meetings between the potential applicant and the neighbors. Councilmember Tharp asked if this issue would have to wait until the next round of Land Use Code changes. Shepard replied in the negative and stated Land Use Code changes had been made in the past outside of the customary biannual process. Councilmember Tharp supported doing that in this case. 352 December 2, 2003 Mayor Martinez agreed with Councilmember Tharp. Greg Byrne, CPES Director, stated one of the performance standards would be limitation on lot size and access and that would significantly limit the number of suitable lots. He stated a mailing to affected areas would therefore be much more feasible. Councilmember Weitkunat made a motion, seconded by Councilmember Tharp, to adopt Ordinance No. 173, 2003 on First Reading, including item 615 allowing the Hearing Officer to hear modifications and including item 625 relating to the contiguity requirement for ODPs, and to remand the issue of small scale reception event centers in the U-E zone (item #596)back to the Planning and Zoning Board for an expeditious review. Councilmember Kastein asked for clarification regarding which of the five items were included in the Ordinance. Shepard summarized his understanding of the motion as follows: that item #596 (small reception events centers in the U-E zone) would be remanded to the Planning and Zoning Board, that item #613 (definition of adjacent) would be continued until the Spring round of changes, that item #615 (modification of standards for Type 1 reviews being heard by the Hearing Officer) would be included in the Ordinance on Second Reading, and that item #625 (contiguity requirement for ODPs) would be included in the Ordinance on Second Reading. • Councilmember Hamrick expressed a concern that there be language relating to item 615 that would direct the Planning and Zoning Board to monitor reports from the Hearing Officer on a quarterly basis and express any concerns they might have. Gloss stated this could be done. Mayor Martinez asked if the intent was for the Board to monitor the Hearing Officer. Councilmember Hamrick stated he would like to see a quarterly report to the Board on the types of modifications granted so that the Board could have some kind of `oversight." Councilmember Tharp stated this would be a way to see what kinds of modifications were being heard. She stated the issue could be revisited if extensive modifications were being heard by the Hearing Officer. Councilmember Bertschy asked if there would be performance standards for small scale reception centers in other zones. Shepard stated performance standards would not be required for the South College Avenue zone and North College Avenue zone because those areas already had nightclubs, restaurants and convention centers. Councilmember Bertschy asked if performance standards would be needed for small scale reception centers that had outdoor concerts. Shepard stated concerts would not be allowed by definition. 353 December 2, 2003 Mayor Martinez stated he wanted to ensure that everyone had a fair chance to be heard at the Planning and Zoning Board hearing. He asked if there were time limits for presentations at Board hearings. Gloss stated the Board chair had the opportunity to place a restriction on the amount of time for individual speakers. He stated time limits were generally imposed when there were many speakers on an individual item. The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Hamrick, Kastein, Martinez, Roy, Tharp and Weitkunat. Nays: None. THE MOTION CARRIED Councilmember Kastein requested that Council receive minutes and agendas from the Development Review Committee meetings. Ordinance No. 174, 2003 Continuing a Temporary Manufacturing Equipment Use Tax Rebate Program for Fort Collins Manufacturers, Adopted on First Reading. The following is staff s memorandum on this item. FINANCIAL IMPACT Based onprioryear's actual rebates, stafJanticipates that the Manufacturers Rebateprogram could cost the City approximately $500,000 in 2003 and $500,000 in 2004. Costs can vary greatly depending on the purchasing activity of local manufacturers. Payment will be made from the Use Tax Carryover Reserve. The reserve currently has a balance of $2.4 million. EXECUTIVE SUMMARY In March 1996, City Council approved a temporary rebate program for use tax paid on manufacturing equipment. The goal of the program was to maintain the local economic base by providing modest tax relief to manufacturing concerns located in Fort Collins. The program has provided rebates to manufacturers for taxes paid during the calendaryears 1996 through 2001. The rebate program was discontinued for calendar year 2002 due to economic conditions. Staff is proposing that the program be reinstated for 2003 and 2004, so that rebates may be made of taxes received by the City during those two years. Payments are made in arrears. This is a "rebate" of tax paid in the previous year. It is not a tax exemption. If approved for calendar years 2003 and 2004, staff will ask manufacturing companies 354 0 December 2, 2003 to submit applications by late March of each year— as prescribed in the program. Rebates will be paid upon review of the applications. Historically, many of the companies have requested extensions to file at an even later date. Modifications were last made to the program in 1999 to reflect several requests made by the manufacturing community. Staff is now requesting that Council approve the program without any changes or modifications for 2003 and 2004. BACKGROUND The Manufacturers Use Tax Rebate Program was initiated in 1996, and was intended to focus on encouraging the reinvestment made by local manufacturingf:rms in new manufacturing equipment. This type of investment used to be made every three or four years. The standard today is that the reinvestment in equipment occurs every fifteen to eighteen months. This type of continual reinvestment could result in a relative windfall for the community since there is little added cost or impact associated with existingfrms. The program has provided the following results: # of Companies Applied Amount Rebated 1996 10 $ 373,600 1997 17 $ 439,917 1998 10 $ 385,845 1999 13 $ 329,135 2000 14 $ 332,780 2001 11 $ 440,905 Total 75 $2,302,182 r1 LJ SUMMARY: With the suspension of the Street Oversizing Fee Exemption Program and the Development Impact Fee Rebate Program in the late 1990s, the Manufacturers Use Tax Rebate Program remains as an economic incentive for retaining local manufacturers. The City ofFort Collins has experienced strong growth in sales tax revenues over the past several years with the past two being an exception. Our manufacturing concerns have remained a very important element of our tax base. Staff recommends that the City continue the program for taxes received by the City in 2003 and 2004 as approved by Council while carefully monitoring return tax collections. The City Manager can recommend, at anytime, that the program be suspended should the City encounter economic conditions that would make the program cost prohibitive. In the event that a revenue shortfall should occur, the program will be reevaluated for continuance. " 355 December 2. 2003 City Manager Fischbach introduced the agenda item. Alan Krcmarik, Finance Director, presented background information regarding the agenda item and the history and purpose of the Manufacturers Use Tax Rebate program. He stated the program was designed to encourage local firms to continue to invest in the community. He spoke regarding the tiered nature of the program and stated under the original program the maximum rebate was $2.4 million. He presented information regarding the program participation and amounts rebated over the last six years. He stated the amount rebated was a fairly modest part of the total use tax and manufacturing tax paid. He spoke regarding the companies that had participated in the program. He stated staff was proposing that the Council renew the program for another two years. He stated in was expected that about $500,000 would be the range of rebates in 2004. David May, Fort Collins Chamber of Commerce, spoke in support of the proposed Ordinance. He stated this proposal made a difference for companies in a competitive environment. He stated this was also important because it was symbolic of support for the business community. He urged adoption of the Ordinance. Councilmember Weitkunat asked about the percentage of use tax paid. Krcmarik stated the program was originally 3% and that after two years it was changed to 2.25%. Councilmember Weitkunat asked if this meant that for every million dollars spent on equipment $2,225 would be paid as tax. Krcmar k replied in the affirmative. Councilmember Weitkunat asked if the company could receive two-thirds of it back. Krcmarik stated on the first $5 million in equipment the company could receive two-thirds of the tax back. Councilmember Weitkunat stated it would be helpful to understand the percentage of the rebate in real dollars. Krcmarik stated the rebate amount over six years was about 8.9% of the taxes paid in by the manufacturers. Councilmember Hamrick asked how economic conditions had changed since 2002 to convince the City Manager that the program should be continued. City Manager Fischbach stated the decision to discontinue the program was made while he was on medical leave and that the staff now believed that the economy was turning around. He noted that sales tax revenue was up. Krcmarik stated there had been three consecutive months of sales tax growth and that the signs at the national level showed the economy turning around. He stated there had been some stabilization in the Colorado economy. Councilmember Hamrick asked about the purpose of the use tax carryover reserve. Krcmarik stated the reserve was kept for added protection for the City's governmental activities. 356 0 December 2, 2003 Councilmember Hamrick asked if this was different than the emergency fund. Krcmarik replied in the affirmative and stated the use tax was volatile and sensitive to economic conditions. Councilmember Hamrick stated he supported the concept of the temporary program and that it was necessary to spend the money in the best interests of the City. He asked if a distinction was made between "clean" manufacturers and those that might "pollute." City Manager Fischbach stated the only requirement was the time requirement of three years. Councilmember Hamrick asked ifthere was anyrequirement targeting large versus small businesses. City Manager Fischbach replied in the negative. Councilmember Hamrick asked if any study had been done to show that this type of incentive actually gets companies to reinvest or stay in a community. Krcmarik stated the City had not conducted such a study. He stated a study could be made of the companies that participated in the program in the early years to determine what kind of impact this program had on its decisions. Councilmember Hamrick stated it would be good to understand how effective the program has been as an economic development tool. He asked about language in Section 5 that read "subject to the appropriation of funds for such purpose" and whether this meant that this would come back to the • Council for the appropriation of funds. Krcmarik stated applications would be received early in the year and that an appropriation ordinance would be brought to the Council. • Councilmember Roy asked how many businesses would be able to apply for this rebate. Krcmarik stated staff estimated that 25 to 30 companies would be eligible to participate. Councilmember Roy asked if 30 applied that the rebate could be more than $1 million each year. Krcmarik stated the companies that have not participated to date tend to be smaller and that their refunds would tend to be lower than the average had been. He stated 4 to 5 major taxpayers have received most of the rebate. Councilmember Roy asked why the decision to suspend the program for economic reasons was charged to the City Manager rather than the City Council. City Manager Fischbach stated the decision was Council's and that the issue regarding continuation of the program was now before Council. Councilmember Roy stated the agenda material indicated that in the event of a revenue shortfall the City Manager would reevaluate the program for continuation and noted that cutting over $3 million from the budget seemed to be a revenue shortfall. City Manager Fischbach stated thee use tax rebate was a small investment for the City to make in order to retain the manufacturing community. 357 December 2, 2003 Councilmember Tharp stated Section 4 of the Ordinance specified that the program would be discontinued at the discretion of Council. She asked how the program was discontinued in 2002 without Council action when this was a policy decision. Krcmarik stated when the program was established it was renewed each year, and that if it was not renewed the program sunset. He stated this was discussed about a year ago and that the discussion with Council was that the program would not be renewed for one year. Mayor Martinez asked if this issue came to the Council for a decision. Councilmember Tharp asked if the Council decided not to continue the program. Krcmarik stated an appropriation ordinance was brought to the Council last year that appropriated the money for rebate from the prior year. He stated the discussion was that the program was not being renewed. He stated the program would need to be renewed late in the year prior to applications from the companies. Councilmember Tharp expressed a concern that the program was discontinued and noted that she was not fully aware that this had been done. Mayor Martinez stated the Council did not vote to discontinue the program and asked for clarification that the staff chose not to continue the program. Krcmarik stated the program was not presented to the Council for renewal. Councilmember Kastein asked if it was Council's discretion whether to discontinue the program in the past as it was stated in Section 4 of this Ordinance. Krcmarik stated the language was similar. He stated Section 2 provided an effective date for operation of the program. He noted that there was a one-year gap in the program. Councilmember Kastein asked if the program could be discontinued at the discretion of Council at any time if the program was put into place at this time. City Attorney Roy spoke regarding the history of the program and the gap in the program during the time it was discontinued. He stated the language of the ordinances allowed the Council throughout the history of the program to abort the program during any of the two-year terms. Councilmember Kastein asked if the Council would be able to decide not to make an appropriation. City Attorney Roy replied in the affirmative. Mayor Martinez asked for clarification that the Council did not make a decision to discontinue the program. City Attorney Roy stated no ordinance was brought forward for extension of the program. Councilmember Kastein asked if there was a maximum cap on the program except for individual entities. City Manager Fischbach replied in the negative. 358 0 December 2, 2003 Mayor Martinez asked if an ordinance would be brought forward each time to ensure that the Council was afforded an opportunity to continue the program. City Manager Fischbach stated staff would look at ways to ensure that this would occur. Councilmember Kastein made a motion, seconded by Councilmember Hamrick, to adopt Ordinance No. 174, 2003 on First Reading. Councilmember Kastein stated this was a good program and thanked the staff for bringing this ordinance forward. He stated he had mixed feelings about the economy. He stated this was a way to stimulate businesses that enhanced the local economy and that tough economic times were a good time to help struggling companies. He stated he would like information on ways to incorporate past earnings from use tax revenues and how use tax revenue was spent. He suggested that there might be a way to raise the cap on the amount given back to companies if there was a "windfall." Councilmember W eitkunat stated the rebate program was an important economic tool and that it was good for reinvestment in the community. She stated the use tax was a tax on use of equipment and that the dollars were used to benefit companies. She stated it was important to have rebates to companies that were trying to improve their businesses. She spoke regarding the volatility of the use • tax. Councilmember Bertschy stated he would support the program. He stated it was important to invest in the current employee base and to support the expansion of manufacturers that were currently in the City. He stated he would like to see tracking of the influence of the rebate on companies expanding and staying in the community. He stated it was important to track the success of this kind of program. Councilmember Hamrick agreed with the need to track the impact of this kind of program. He stated it was important to know that the program was doing what it was supposed to do. He suggested that the economic health coordinator could be charged with this kind of activity and with locating at what would most benefit the economy. Councilmember Roy expressed a concern about measuring the desired level of economic performance of the organization and going forward with this program when over $3 million in budget cuts had been required. He urged continued caution and stated he would support the ordinance provided the City continued to be cautious about how services would continue to be provided to the citizens. Councilmember Tharp stated tough economic times were a time when the rebate should not have been cut. She stated the money could be taken from the carryover reserve of $2.4 million. She 0 December 2. 2003 supported continuing the program and stated she was glad to see that the Ordinance specifically gave Council the discretion regarding continuing the program. Mayor Martinez stated he supported this and that he believed that it was an intelligent investment. The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Hamrick, Kastein, Martinez, Roy, Tharp and Weitkunat. Nays: None. THE MOTION CARRIED Ordinance No. 175, 2003 Appropriating Unanticipated Revenue and Prior Year Reserves in the Benefits Fund to be Used to Cover Medical Claims and Other Expenses, Adopted on First Reading. The following is staffs memorandum on this item. FINANCIAL IMPACT This Ordinance is requested at this time, because the City has now received the most recent claims data available, namely through October 31, 2003. This Ordinance increases the 2003 Benefits Fund appropriations by $3.4 million to cover benefit expenses. Funding for these appropriations is comprised of unanticipated revenue in the Benefits Fund and Benefits Fund reserves from prior years. Current budget projections indicate that actual revenues will exceed budgeted revenues by approximately $300, 000. The remaining $3.]million is requested from prior years' plan reserves. No additional funding is requested from outside of the Benefits Fund. EXECUTIVE SUMMARY Benefits Fund Reserves and Expenses for 2003 were projected in early 2001 and were based on enrollment and cost trend information available at that time. Actual revenues exceed budgeted projections due to increased plan enrollment. Expenses exceeded budgeted projections due to higher than expected claims activity and medical inflation trend. During 2003 to date, seventeen claims have incurred charges over $40, 000; three of these claims exceed the stop loss deductible of $120,000. Total charges for these seventeen claims alone are $1.45 million. Moreover, staffknows of one additional claim that will exceed the stop loss deductible of $120,000. Catastrophic claims of this nature are difficult to project, and contribute significantly to unanticipated claims experience. " 360 • December 2, 2003 City Manager Fischbach introduced the agenda item and stated this Ordinance was consistent with previous discussions with the Council. Rick De ]a Castro, Human Resources Director, stated staff would make a brief presentation and answer any questions. Vincent Pascale, Benefits Administrator, stated this was a request to use additional funds in the amount of $3.4 million already on hand in the Benefits Fund. He spoke regarding the progression of medical claims costs since 2001. He stated the requested supplemental appropriation was consistent with the three -prong approach of increasing the City contribution; increasing the employee contribution for premiums, co -payments and deductibles; and drawing down plan reserves. He stated reserves were projected to be $1.9 at the end of 2003 after this appropriation. He stated the appropriation would have no impact on the plan or proposal to implement a 15% contribution for 2005. Kelly Ohlson, 2040 Bennington Circle, stated this issue should be given considerable thought and direction. He stated the issue was fairness and justice for the taxpayers and the employees. He stated in the "true market' employees paid 28-60% of costs. He asked the Council to consider the escalation of medical costs. He suggested that a committee be created to look at the issue of • reducing medical and dental claims. He stated this would mean taking away some coverage, having rational deductions, increasing co -pays, etc. He stated the real issue was the real dollar figure for medical costs. Mayor Martinez asked if the projected escalation in medical costs will "break" the City as described by Mr. Ohlson. Alan Krcmar k, Finance Director, stated this appropriation would not "break" the City. He stated the trend could "break" the fund balance if it continued at 23%. He stated the trend appeared to be moderating somewhat but that projections heard at a recent seminar forecast increases in the 13-17% range. City Manager Fischbach stated some of the changes referred to by Mr. Ohlson were being implemented. He stated an additional $1 million was being taken from the employees. He stated an actuarial study has indicated that the actions being taken were good for now. He stated staff was working with a consultant to determine the "real market' and what it was paying for benefits. Mayor Martinez asked if the trend was still troublesome even with the extra $1 million being taken from employees. De la Castro stated the trend was troublesome because costs were increasing geometrically every year. He stated this was a national trend and was not unique to Fort Collins. Mayor Martinez asked if the trend would through the benefits package into bankruptcy. De la Castro stated to be able to pay claims with that kind of trend that a system would have to be put into place to increase revenues and stem costs. He stated if the trend is not reversed that a more "radical' approach to stemming costs would have to be adopted. • 361 December 2, 2003 Councilmember Hamrick asked ifinedical claims continued to increase whether the City would have to increase its share and the employee share unless benefits were drastically reduced. He asked where the money would come from if the City's share continued to rise. De ]a Castro stated the money would come from three sources: employee, employer or reduction in benefits. City Manager Fischbach stated roughly 50% of the City's increase would come from the General Fund and 50% would come from other funds. Councilmember Hamrick asked if drawing from the General Fund would mean possible reductions in other programs. City Manager Fischbach replied in the negative and stated measures had been taken and would continue to be taken to bring this under control. He stated the actuary did not see the City "breaking the bank" with the changes that were being implemented. Councilmember Hamrick stated his concern was the possible need to reduce other programs and services. Mayor Martinez asked which other funds would pay for 50% of the employer's share of costs. City Manager Fischbach stated those funds included utilities, transportation, recreation, etc. Councilmember Roy asked about projections for 2004-2006. De la Castro stated projections were for an increase of 18%based on national data from the actuary, plan design, and claims experience patterns. He stated it was difficult to forecast individual medical experiences for employees. He stated projections had to be based on recent experience and national trends. He stated efforts such as the wellness program and medical plan design were intended to help stem costs. Councilmember Roy asked about the projected costs for 2006 using the 18% figure. De la Castro stated the projection was $17.6 million for medical and dental. Councilmember Roy asked about the projected costs for this year. De la Castro stated the projection was $10.4 million by the end of December. Councilmember Roy asked how much was anticipated to be in reserves in 2006. De la Castro stated the 2006 projection was $1.7 million, which would be roughly 10% of paid claims. Councilmember Roy asked if employee costs would add $3 million (an extra $1 million each year) toward the approximately $17 million in 2006 claims. City Manager Fischbach stated was in addition to what the employees already paid. Councilmember Roy expressed a concern that employee costs would not go far toward offsetting costs given the trend in escalating costs. De la Castro stated in 2004 the changes in plan design and premiums would generate an additional $1 million beyond what employees were already contributing. Pascale stated in 2004 premiums would go to 15% for employees and that it was 362 • December 2, 2003 expected that premium rates would go up for 2005, meaning that a higher percentage would be taken from a higher premium cost for employees for 2005. Mayor Martinez noted that the purpose of this agenda item was to appropriate funds for medical claims for this year. Councilmember Kastein asked for clarification that the projections through 2009 assumed the 15%. Pascale replied in the affirmative. Councilmember Kastein stated it would be helpful to see a breakdown in revenues and costs in the information presented. He asked if both the cost side and revenue side of the equation would be looked at by the consultant. City Manager Fischbach replied in the affirmative. Councilmember Kastein asked if options to stem costs, such as the effectiveness of the wellness program, would be evaluated by the consultant. City Manager Fischbach replied in the affirmative. Councilmember Kastein stated he believed that it was important to look at revenue and costs. He stated he would support adoption of this Ordinance given the fact that the consultant would be studying both sides of the picture in the future. • Councilmember Weitkunat stated this action was to appropriate money for medical claims. She stated this had raised a "flag" that the Council needed to be made aware of catastrophic claims as they came in. She stated it was important that the Council be kept informed regarding how the three - pronged approach would be changing the situation. • Councilmember Weitkunat made a motion, seconded by Councilmember Kastein, to adopt Ordinance No. 175, 2003 on First Reading. Councilmember Hamrick thanked Mr. Ohlson for his comments and stressed that an overall plan to reduce the dollar amount of claims was needed. He stated it appeared that everyone recognized the need to do something about this and that he would have no problem with adopting this appropriation. He stated he wanted to make sure that the City looked at the dollar amount of claims and the impact on the overall budget and the taxpayers. Councilmember Tharp stated medical costs were a national problem. She expressed a concern that such a large amount was being taken from reserves at this point when the amount of future catastrophic costs was unknown. She stated the Council must go forward with this appropriation "cautiously" and that the plan to work with a consultant would be very helpful to address the problem for the future. She stated there will probably be a need to reexamine the employee contribution in the future because 15% might not be realistic. 363 December 2, 2003 Councilmember Kastein stated he would support the motion and that everyone was aware of the "staggering" problem of escalating claims. Councilmember Bertschy agreed with the comments that had been made and stated he looked forward to hearing the recommendations of the consultant. Mayor Martinez stated he supported the appropriation. The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Hamrick, Kastein, Martinez, Roy, Tharp and Weitkunat. Nays: None. THE MOTION CARRIED Items Relating to the North Front Range Transportation and Air Ouality Planning Council, Adopted. The following is staff's memorandum on this item. FINANCIAL IMPACT The City has been the primary sponsor for the North Front Range Transportation and Air Quality Planning Council (MPO) for several years. The City has been financially responsible for costs of the MPO and these costs have been accounted for in the City's Transportation fund. The external auditors and reviewers from the Government Finance Officers Association have commented that the MPO should be accounted for as a more independent organization. To this end, the MPO is now a separate fund, but still within the City of Fort Collins' accounting entity. According to the Charter, expenditures within a fund should not exceed revenue. To ensure that the MPO does not exceed its revenue, the City will be advancing, in the form of a loan, up to $175,000 to the MPO. When the MPO is reimbursed through grant programs and contributions from other member cities, the MPO will repay the City of Fort Collins. Repayment is expected to be completed in January 2004 and, at the latest, by the end of the first quarter of 2004. EXECUTIVE SUMMARY A. Resolution 2003-142Authorizing theMayor to Execute an IntergovernmentalAgreementfor the Provision ofa Loan to the North Front Range Transportation and Air Quality Planning Council. 364 0 December 2, 2003 B. First Reading of Ordinance No. 176, 2003, Appropriating Prior Year Reserves in the Transportation Services Fund for Transfer to the North Front Range Transportation & Air Quality Planning Council Fund for the Purpose of Providing a Loan to the Metropolitan Planning Organization. The North Front Range Transportation and Air Quality Planning Council serves as the Metropolitan Planning Organization (MPO) and lead air quality planning agency for the North Front Range region. It was created in 1988 and includes two counties, eleven cities and towns, the State of Colorado Transportation Commission, and the State of Colorado Air Quality Control Commission. In this capacity, the MPO promotes regional transportation and air quality planning related to transportation for the counties, cities, and towns in northern Colorado. The activities of the MPO are funded through federal grant programs administered by the Colorado Department of Transportation. The City of Fort Collins has been the financial sponsor of the organization and accounted for the financial transactions within the City of Fort Collins Transportation Fund. As a step to provide for the future independence of the MPO, the MPO is now accounted for in its own fund within the City of Fort Collins accounting system. In the future it will be an independent organization and conduct its own financial management. The MPO operates on grants and contributions on a reimbursable basis. The City of Fort Collins • usually advances funds for MPO activities and then is reimbursed through CDOTdistributions. As the year 2003 comes to a close, staff projects that the MPO may have spent as much as $175, 000 that is subject to reimbursement that will not be received until some time in 2004. Due to the indefinite nature of the reimbursements and the requirement that all City funds have balanced revenues and expenditures, the staff recommends that the City's Transportation Fund provide financial support to the MPO by loaning up to $175, 000. The City will be repaid from, future grant reimbursements and other funds contributed by the other members of the MPO. • The Resolution authorizes the Mayor to sign the loan to the MPO. The Ordinance appropriates the prior year reserves to be transferred to the MPO. " City Manager Fischbach introduced the agenda item. Alan Krcmarik, Finance Director, presented background information regarding the agenda item. He stated the MPO was working with the member organizations and the Colorado Department of Transportation to reimburse the City as quickly as possible. He stated the Resolution would approve an intergovernmental agreement and a promissory note and that the Ordinance was proposed for First Reading and might not be needed by the time of Second Reading. Mayor Martinez asked how much money was still owed the City. Krcmarik stated at this point the City was owed $159,000. 365 December 2, 2003 Mayor Martinez stated he did not believe that it was a good idea for the City to advance monies such as this in the future. City Manager Fischbach stated it was his understanding that this was the last time the MPO would need this assistance. Councilmember Kastein made a motion, seconded by Councilmember Tharp, to adopt Resolution 2003-142. The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Hamrick, Kastein, Martinez, Roy, Tharp and Weitkunat. Nays: None. THE MOTION CARRIED Councilmember Hamrick made a motion, seconded by Councilmember Kastein, to adopt Ordinance No. 176, 2003 on First Reading. The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Hamrick, Kastein, Martinez, Roy, Tharp and Weitkunat. Nays: None. THE MOTION CARRIED Executive Session Authorized Councilmember Bertschy made a motion, seconded by Councilmember Hamrick, to adjourn into Executive Session under Section 2-31(a)(2) of the City Code for the purpose of consulting with the City Attorney regarding legal issues. The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Hamrick, Kastein, Martinez, Roy, Tharp and Weitkunat. Nays: None. THE MOTION CARRIED (**Secretary's Note: The Council adjourned into Executive Session at 10:00 p.m. and reconvened following the Executive Session at 10:48 p.m.) Other Business Councilmember Tharp made a motion, seconded by Councilmember Bertschy, to extend the meeting until 11:00 p.m. The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Hamrick, Kastein, Martinez, Roy, Tharp and Weitkunat. Nays: None. THE MOTION CARRIED Councilmember Bertschy stated an issue had come up that the definition of private clubs in the smoking ordinance might be inconsistent with other existing private clubs. He stated he would like staff to take a look at the issue and present his report to the Council. City Attorney Roy asked if the intent was to make the definition more in line with the other existing private clubs such as the Elks 366 • • • December 2, 2003 and similar organization. Councilmember Bertschy stated was his intent. He asked if other Councilmembers supported having staff look at this issue. The consensus was in favor. The meeting adjourned at 10:55 p.m. ATTEST: �(ditZ Kl to C( /�-W1.S Chief Deputy City Clerk Adiournment 367