Loading...
HomeMy WebLinkAboutMINUTES-12/08/1998-AdjournedDecember 8,1998 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council -Manager Form of Government Adjourned Meeting - 6:00 p.m. An adjourned meeting of the Council of the City of Fort Collins was held on Tuesday, December 8, 1998, 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: Azari, Bertschy, Byrne, Kneeland, Mason, Smith and Wanner. Staff Members Present: Fischbach, Krajicek, Roy. Items on First Reading were read by title by City Clerk Wanda Krajicek. First Reading of Ordinance No 229 1998 Approving a Franchise Agreement Between the City of Fort Collins and the Platte River Power Authority. 4. First Reading of Ordinance No. 230, 1998 Amending Section 2-606 of the City Code and Setting the Compensation of the Municipal Judge 5. First Reading of Ordinance No. 231, 1998 Amending Section 2-581 of the City Code and Setting the Compensation of the City Attorney. 6. First Reading of Ordinance No 232 1998 Amending Section 2-596 of the City Code and Setting the Compensation of the City Manager. Ordinance No. 229,1998, Approving a Franchise and License Agreement Between the City of Fort Collins and the Platte River Power Authority, Adopted on First Readies The following is staff s memorandum on this item. "Executive Summary For the past two years, the City's Electric Utility and PRPA have been working together with the otherPRPA member municipalities ofLongmont, Loveland, and Estes Park to accomplish a number ofgoals related to telecommunications. These goals have been: 463 December 8, 1998 I. First and foremost, to construct a fiber optic -based loop connecting all of PRPA's electrical substations and electric utility control sites within and between the four cities for the operation of its electric system; II To utilize the Electric Utility's existing electric conduits, duct systems, and poles to the greatest extent possible in order to optimize revenue and the use of installed assets and to avoid further construction in the City's streets and rights -of -way; III. To oversize the fiber-optic system so that any capacity not immediately needed by PRPA can be leased to other governmental agencies, educational institutions, and private telecommunications providers, thus recovering some portion of the cost of constructing the system and again helping to avoid additional construction in the City's streets; and IV. To leverage this infrastructure investment in new and innovative ways to help bring advanced telecommunications providers and services to the community. City staff and PRPA have determined that, by granting PRPA a franchise and a license to use the City's rights -of -way and Electric Utility's facilities for the basic loop, and to construct extensions offofthe basic loop, excess fiberstrands can be leased to telecommunicationsproviders and to other public and governmental agencies. All of the revenue received by PRPA for the lease of the fiber in the City's rights -of -way and Electric Utilityfacilities will be paid to the City as consideration for the City granting PRPA a twenty (20) year franchise and license to so use the City's rights -of -way and Electric Utilityfacilities. In addition, the City will receive twelve (12) fiber strands at no cost. Further, PRPA has paid for the cost of the fiber-optic cables and the installation of the cables in the Electric Utility's existing conduits and underground vaults. Customers have been investing in utility communications and service conduits since 1969 when the first high voltage lines were placed underground. These conduits and associated vaults now house the new fiber-optic system. A copy of the Franchise and License Agreement that City staff and PRPA have negotiated concerning the grant the franchise and license is attached to this Agenda Item Summary. Granting the franchise and license to PRPA creates a true win -win situation for all involved: • Allcostsofconstructingthebasicftber-opticloop (with the exception oftheElectricUtility's existing conduit and vault infrastructure) are paid by PRPA; • The City receives twelve strands offiber worth in excess of $137, 500per year (20 year lease rate) at no cost; • The City receives all net revenues from PRPA's leasing of the fiber; CM December 8, 1998 • Existing Electric Utility infrastructure is utilized which minimizes additional construction in the City's streets; • PRPA is able to provide its owner -member cities with a valuable dividend; • Telecommunications service providers can lease capacity on the system on an equal basis, thus avoiding the high costs of construction; and • Citizens and businesses benefit by the new communications technology which will bring additional telecommunications providers and advanced services to the community. BACKGROUND: In 1997 PRPA realized that its outdated analog microwave system which was being used to communicate with the electrical substation equipment would have to be replaced. Rather than install a new digital microwave system, PRPA and the member city utilities began to explore fiber optics. PRPA subsequently decided thatfor a relatively small incremental investment infiber optics, not only could all substations in the four PRPA cities be connected, but a fiber-optic loop could also be constructed between and within the cities. It was reasoned that such a system had the potential to provide a basic telecommunications infrastructure which could be used by public, educational, and governmental agencies as well as by commercial telecommunications providers. In actual fact, it has generated interest from all these agencies and others who are seeking ways in which to economically meet their telecommunications needs and provide services for others. Construction of the fiber-optic system is now nearly complete with a target date of December 31 of this year. The major issue had become one of how to allow others to use the excess capacity available in the system in order to gain all the benefits listed above. After all, the Fort Collins fiber is installed in Electric Utilityfacilities and in City -owned rights -of -way. City Charter requires a franchise for the use ofpublic rights -of -way by telecommunications providers or other agencies and a license is necessary for the use of the Electric Utility's facilities. One possible option would be to require a franchise of all agencies seeking to use the fiber-optic system. However, preliminary discussions with telecommunications services providers indicated that they would be unwilling to come to Fort Collins under those circumstances. It was then suggested that PRPA could retain ownership of the fiber, apply for a franchise and license to use the City's rights -of -way and Electric Utilityfacilities, and lease the use of the fiber to all interested parties. With this approach, potential users of the system can negotiate with PRPA and do not have to worry about acquiring their own franchises and license. In turn, PRPA agreed to return all lease revenues to the City and as an added dividend, agreed to give the City twelve strands offiber at no cost. Both PRPA and City staff believe strongly that this type of arrangement will create the best situation for all involved and will provide a means to bring advanced telecommunications services to the community over the new infrastructure. " 465 December 8, 1998 City Manager Fischbach stated that the City could lose substantial revenue if the Ordinance is not approved by the end of the year, and Second Reading will be scheduled on December 15. Darin Atteberry, Assistant City Manager, gave background concerning the telecommunications project, which involves Platte River Power Authority and the municipalities of Longmont, Loveland, Estes Park and Fort Collins. Mike Dahl, Platte River Power Authority, spoke regarding the fiber-optic system and potential uses and leases. John Duval, Deputy City Attorney, explained the terms of the proposed twenty-year agreement Councilmember Byrne asked about benefits to educational entities and the lease rate for public and educational institutions. Duval stated that fiber-optic leases will be available to educational entities. Mr. Dahl stated that CSU and the school districts have expressed an interest in leases, and the rate for public entities will be half the rate charged for commercial leases. Councilmember Bertschy asked who pays for the connections for educational institutions. Mr. Dahl stated that the school district would be asked to pay the connection and installation costs. Councilmember Bertschy asked who is responsible for proper installations in City streets. Duval stated that the City has the option to perform the installations, and if the City elects not to perform the installation, PRPA or its contractor will be responsible for installations in City streets and in electric utility facilities under terms and conditions established by the City. Councilmember Bertschy asked about the uses of the revenue received. City Manager Fischbach stated that half will go to the Electric Utility and half to the City's General Fund. Councilmember Mason made a motion, seconded by Councilmember Byrne, to adopt Ordinance No. 229, 1998 on First Reading. Councilmember Mason spoke concerning the possible use of this new revenue source for undergrounding of utilities and the need for underground conduits in the downtown. City Manager Fischbach stated that the undergrounding of utilities is scheduled for completion in 2004. Councilmember Kneeland spoke in support of the project and thanked those who have worked to bring it to this stage. Mayor Azari spoke regarding the benefits of a telecommunications policy. The vote on Councilmember Mason's motion was as follows: Yeas: Councilmembers Azari, Bertschy, Byrne, Kneeland, Mason, Smith and Wanner. Nays: None. THE MOTION CARRIED. Executive Session Authorized. December 8, 1998 Councilmember Smith made a motion, seconded by Councilmember Mason, to adjourn into Executive Session to discuss personnel matters and legal issues. The vote on the motion was as follows: Yeas: Councilmembers Azari, Bertschy, Byrne, Kneeland, Mason, Smith and Wanner. Nays: None. THE MOTION CARRIED. ("Secretary's Note: The meeting adjourned into Executive Session at 6:25 p.m. and reconvened following the Executive Session at 8:10 p.m.) Items Relating to the Reappointment and Compensation of the Municipal Judge Adopted on First Reading_ The following is staff s memorandum on this item. "Executive Summary A. Resolution 98-162 Reappointing Kathleen M. Lane as Municipal Judge Article VII, Section 1 of the Charter provides that the Municipal Judge is to be appointed for a term of two years. Kathleen M. Lane was first appointed to serve as the City's Municipal Judge for a term commencing July], 1989. This Resolution reappoints Judge Lane for another two-year term commencing on January 1, 1999 and ending on December 31, 2000, and authorizes the Mayor to execute an addendum to Judge Lane's Employment Agreement. B. First Reading of Ordinance No. 230, 1998, Amending Section 2-606 of the City Code and Setting the Compensation of the Municipal Judge. City Council met in Executive Session to conduct the performance appraisal of Municipal Judge Kathleen M. Lane. This Ordinance establishes the 1999 salary and compensation ofthe Municipal Judge. BACKGROUND: City Council is committed to compensating employees in a manner which is fair, competitive and understandable. The goal as an employer is to attract and retain quality employees and to recognize and reward quality performance. 467 December 8, 1998 In order to accomplish this goal the City Council and the Municipal Judge meet once a year to discuss last year's performance and set goals for the coming year. In 1998, the Total Compensation paid to the Municipal Judge included thefollowing: SALARYAND BENEFITS ANNUAL NON -MONETARY BENEFITS Salary $ 70,814 Vacation (25 days per Life Insurance 170 year) Medical Insurance 6,024 Holidays (11 days per Dental Insurance 120 year) Long Term Disability 205 FICA Max 3,794 FICA 1.45% 1,027 Pension - ICMA 401(a) and 457 (13016) 9,206 Total Monetary Compensation $ 91,360 Councilmember Smith made a motion, seconded by Councilmember Wanner, to adopt Resolution 98-162. Councilmember Kneeland supported the motion and stated that Judge Lane is professional and operates Municipal Court in a progressive manner. The vote on Councilmember Smith's motion was as follows: Yeas: Councilmembers Azari, Bertschy, Byrne, Kneeland, Mason, Smith and Wanner. Nays: None. THE MOTION CARRIED. Councilmember Smith made a motion, seconded by Councilmember Bertschy, to adopt Ordinance No. 230, 1998 on First Reading with the insertion of a base salary of $75,063 per annum effective January 1, 1999, and a total compensation of $96,337 per annum. Councilmember Smith spoke regarding the service of Judge Lane and changes that she has made to the betterment of the Court, noting that the increase in compensation is approximately 6%. Mayor Azari spoke concerning changes at the Court and the excellent job done by Judge Lane. The vote on Councilmember Smith's motion was as follows: Yeas: Councilmembers Azari, Bertschy, Byrne, Kneeland, Mason, Smith and Wanner. Nays: None. December 8, 1998 THE MOTION CARRIED. Ordinance No. 231,1998, Amending Section 2-581 of the City Code and Setting the Compensation of the City Attorney Adopted on First Reading The following is staffs memorandum on this item. "Executive Summary City Council met in Executive Session to conduct the performance appraisal of City Attorney Steve Roy. This Ordinance establishes the 1999 salary and compensation of the City Attorney. BACKGROUND: City Council is committed to compensating employees in a manner which is fair, competitive and understandable. The goal as an employer is to attract and retain quality employees and to recognize and reward quality performance. In order to accomplish this goal the City Council and the City Attorney meet once a year to discuss last year's performance and set goals for the coming year. In 1998, the Total Compensation paid to the City Attorney included the following: December 8, 1998 SALARYAND BENEFITS ANNUAL NON-MONETARYBENEFITS Salary $96,317 Vacation (25 days per year) Life Insurance 231 Holidays (11 days per year) Medical Insurance 6,024 Dental Insurance 120 Long Term Disability 279 FICA Max. 3,794 FICA 1.45% 1,397 Pension - ICMA 401(a) and 457 (13Yo) 12,521 Total Monetary Compensation $ 120,684 Councilmember Smith made amotion, seconded by Councilmember Mason, to adopt Ordinance No. 231, 1998 on First Reading with insertion of a base salary of $101,133 per annum effective January 1, 1999, and a total compensation of $126,314 per annum. Councilmember Bertschy spoke regarding City Attorney Roy's professional service during the past year in dealing with complex issues. Mayor Azari thanked City Attorney Roy for his quality work. The vote on Councilmember Smith's motion was as follows: Yeas: Councilmembers Azari, Bertschy, Byrne, Kneeland, Mason, Smith and Wanner. Nays: None. THE MOTION CARRIED. Ordinance No. 232,1998, Amending Section 2-596 of the City Code and Setting the Compensation of the City Manager Adopted on First Reading The following is staff s memorandum on this item. "Executive Summary City Council met in Executive Session to conduct the performance appraisal of City Manager John Fischbach. This Ordinance establishes the salary and compensation provided the City Manager. 470 December 8, 1998 BACKGROUND: City Council is committed to compensating employees in a manner which is fair, competitive and understandable. The goal as an employer is to attract and retain quality employees and to recognize and reward quality performance. In order to accomplish this goal the City Council and the CityManager meet once a year to discuss last year's performance and set goals for the coming year. In 1998, the Total Compensation paid to the City Manager included the following: SALARYAND BENEFITS ANNUAL NON -MONETARY BENEFITS Salary $ 113,171 Vacation (25 days per year) Life Insurance 272 Holidays (11 days per year) Medical Insurance 6,024 Dental Insurance 120 Long Term Disability 328 FICA Max 3,794 FICA 1.45% 1,641 Pension - ICMA 401(a) and 457 (13%) 14,712 Total Monetary Compensation $ 140,063 Councilmember Smith made a motion, seconded by Councilmember Bertschy, to adopt Ordinance No. 232, 1998 on First Reading with the insertion of a base salary of $117,698 per annum effective January 1, 1999, and a total compensation of $145,361 per annum. Councilmember Kneeland stated than the listing of nonmonetary benefits should include a vehicle. Councilmember Kneeland stated that she would not be supporting the motion. Mayor Azari spoke regarding the accomplishment of work by City Manager Fischbach and the need for improvements in communication and working relationships with the Council. She stated that Council has requested a performance plan and quarterly meetings to improve Council -Manager relations. The vote on Councilmember Smith's motion was as follows: Yeas: Councilmembers Azari, Bertschy, Byrne, Smith and Warmer. Nays: Councilmembers Kneeland and Mason. THE MOTION CARRIED. 471 December 8, 1998 Other Business Councilmember Wanner stated that there is a Charter provision which allows the Council to investigate any action taken by the City. He stated that a hearing of the appeal of the Mulbeny- Lemay Crossings Preliminary P.U.D. is scheduled for December 15, 1998 and that Council has received a letter from Ron Vaughan on behalf ofa citizen's group requesting the Council to conduct a special review of the staff s decision to process this project under the Land Development Guidance System. He stated that he believes such a review is advisable. Councilmember Wannermade amotion, seconded by Councilmember Smith, that immediately prior to the appeal hearing of the Mulberry-Lemay Crossings Preliminary P.U.D. scheduled for December 15, 1998, that Council ask Mr. Vaughan, City staff and the developers of the project to provide Council with information and argument on the question raised in Mr. Vaughan's letter, so that Council can determine whether the decision to review the project under the Land Development Guidance System was proper. Councilmember Kneeland asked if the administrative decision to process the project under the LDGS is part of the public record and could be part of an appeal. City Attorney Roy stated that there is no written record pertaining to the decision to process the project under the LDGS. He stated that the matter was discussed at the Planning and Zoning Board hearing and that the proceedings before a board are the record for an appeal hearing. Councilmember Wanner supported reviewing the questions raised by the letter from the citizen's group in a public fashion. Councilmember Kneeland stated that she would not be supporting the motion because the established process was followed in the matter. The vote on Councilmember Wanner's motion was as follows: Yeas: Councilmembers Azari, Bertschy, Byrne, Mason, Smith and Wanner. Nays: Councilmember Kneeland. THE MOTION CARRIED. Mayor Azari asked for the procedure at this type of hearing. City Attorney Roy stated that the Mayor has the latitude at this kind of hearing, subject to the approval or disapproval of a majority of the Council, to establish procedures. He suggested that Mr. Vaughan and the developer/applicant be notified of the opportunity to have the issue addressed prior to the hearing of the appeal. 472 The meeting adjourned at 8:30 p.m. ATTEST: City Clerk Adjournment WAI December 8, 1998