Loading...
HomeMy WebLinkAboutMINUTES-08/04/1998-RegularAugust 4,1998 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, August 4, 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, Kneeland, Mason and Smith. Councilmembers Absent: Byrne. Wanner arrived at 6:30 p.m. Staff Members Present: Eckman, Fischbach and Krajicek. Citizen Participation David Lipp, 626 Remington, asked for an amendment to the smoking ordinance to provide that underage smokers not be arrested. Citizen Participation Follow-up Councilmember Kneeland noted that the Council Health and Safety Committee looked closely at the issue of underage access to tobacco products, and included provisions for educational efforts and running the program in a supportive way. The program has been successful, particularly in the junior high school age group. City Manager Fischbach spoke concerning the procedures followed in administering the program and noted that the City's interest in the program is in encouraging the cessation of smoking rather than in punishment of a crime. Agenda Review City Manager Fischbach stated that the staff report on the community separator survey has been removed from the agenda. August 4, 1998 CONSENT CALENDAR Second Reading of Ordinance No. 127, 1998, Appropriating Unanticipated Revenue and Prior Year Reserves in the Water Fund for a Water Exhibits Grant. The City has received approval from the U.S. Bureau of Reclamation for a Water Exhibits Grant to construct hands-on water exhibits for the Discovery Center Science Museum. The Grant is in support of the Bureau of Reclamation's Water Conservation Program and the Eastern Colorado Area Office's Field Service Plan in promoting water conservation in the Eastern Colorado Area. The City Utilities will be developing an exhibit that will educate about water in the Fort Collins Area. This Ordinance, which was unanimously adopted on First Reading on July 21, 1998, appropriates $10,000 of unanticipated federal funds and $10,000 of prior year reserves from the Water Fund for City in -kind matching expenditures for the Water Exhibits Grant. Second Reading of Ordinance No. 130, 1998 Authorizing the Termination of the Cily_s Lease for the Mini Library at 132 Troutman Parkway. Ordinance No. 130, 1998 was unanimously adopted on First Reading on July 21, 1998 and authorizes the City Manager to execute the termination agreement and any other necessary documents to cause termination of the lease. 9. First Reading of Ordinance No. 131, 1998, Appropriating Unanticipated Revenue in the General Fund to Develop a Local Action Plan for Reducing Greenhouse Gas Emissions. This Ordinance appropriates $18,350 of unanticipated revenue in the General Fund for the Cities for Climate Protection program that Fort Collins joined in 1997. The funds will be used by the Natural Resources Department to develop Fort Collins' Local Action Plan for reducing greenhouse gas emissions 10. First Reading of Ordinance No. 132, 1998, Appropriating Unanticipated Revenue in the General Fund for the Use of Camera Radar and Red -Light Cameras to Enforce Traffic Violations. For the two past years, Police Services has been operating camera radar in an attempt to reduce speeding and to reduce the number of intersection red-light violations. The results of the traffic camera program have been promising. Since the program's inception, motorists' compliance rates to the posted speed limits have doubled in 30 mph zones, the ratio of tickets issued to vehicles monitored has declined from approximately 8% to 3%, and community members have observed and commented on fewer threatening traffic behaviors. 169 August 4, 1998 Additionally, when comparing 1995 to 1997, the total accident rate has been reduced by 5% and the injury accident rate has declined 18%. It appears camera radar is having a positive effect in reducing the number and severity of both traffic and injury crashes. These are impressive results which contribute to safer streets for everyone. Last year, the operational components of the City's camera radar program were altered to comply with the requirements of Senate Bill 97-36 ("SB 97-36"). At that time, staff recommended that the program continue to operate and be modified to comply with SB 97- 36 to allow the City time to monitor the operational statistics of the program to determine its effectiveness under the new conditions of SB 97-36. Since that time, staff has discovered that the program be can successfully operated under the guidelines of SB 97-36. The impacts of SB 97-36 will be noted later in the text. This Ordinance appropriates the funds necessaryto continue operation of the traffic cameras in Fort Collins for the third year of the contract with American Traffic Systems. 11. First Reading of Ordinance No. 133, 1998, Authorizing the Execution of an Intergovernmental Agreement Between the City of Fort Collins and the State of Colorado (Department of Transportation) Relating to Design Construction and Maintenance of the Harmony Road/I-25 Interchange and Transportation Transfer Center Project. The City and the Colorado Department of Transportation (CDOT) have been working collectively to design the Harmony Road/I-25 interchange project, including the planned multimodal Transportation Transfer Center ("TTC"). The City's goal with this project is to not only improve the safety and operation of the interchange and provide multimodal services, but also to serve as an enhanced gateway feature into the Fort Collins community. hi order to accomplish this goal, the quality of facilities and quantity of landscaping features was increased dramatically over CDOT's existing standards. City and CDOT staff negotiated this proposed agreement in order to provide for the construction of these necessary enhancements. As proposed, CDOT would agree to construct the TTC to the City's design standards and the City would cover a portion of the costs associated with the enhanced landscaping at the interchange (CDOT is contributing $500,000+ to this part of the project) as well as the costs for the architectural gateway enhancements to the bridge. The intergovernmental agreement between the City and CDOT is necessary to allow construction work to proceed on the HarmonyRoad/I-25 Transportation Transfer Center and Interchange project. 170 August 4, 1998 12. First Reading of Ordinance No. 134, 1998, Amending the City Code to Revise Water and Wastewater Plant Investment Fees. The City funds its daily water and wastewater utility operations through rates which are charged to customers on the monthly utility bill. However, for growth -related capital improvements, the City charges a Plant Investment Fee (PIF) as new customers connect to the system. PIFs are charges to new customers for the capacity required to serve them. The PIF is collected at the time a City building permit is issued. Existing PIFs have been in effect since 1991. Since that time, there have been significant improvements to the water and wastewater utility infrastructure which necessitate an adjustment to the PIFs. Based on feedback from the development community, the new PIFs will be implemented January 1, 1999, to provide adequate lead time to prepare for the new rates. 13. First Reading of Ordinance No. 137, 1998, Amending Chapter 7 of the City Code relating to Voter Registration and Election Campaign Reports. This Ordinances amends Section 7-101 of the City Code which currently provides for qualified persons to register to vote up to twenty-five (25) days before any municipal election. This provision is in conflict with State Statutes, which provides for registration twenty-nine (29) days before an election. This Ordinance also amends sections of the City Code relating to campaign reports. Specifically, the additional preelection report currently required to be filed on the Thursday before an election, will now be required fourteen (14) days before an election. hi addition, the requirement to publish any campaign report filed with the City Clerk, is amended to provide for publication of only the 14-day report. 14. Resolution 98-114 Reestablishing a Telephone Exchange Access Facility Charge for the Larimer Emergencyphone Authority Effective January 1, 1999. The Larimer Emergency Telephone Authority (LETA) was created pursuant to Colorado Revised Statute 29-11-101 by an intergovernmental agreement between the City of Fort Collins and 19 other governmental entities in Larimer County. The telephone exchange access facility charge of fifty cents ($.50) per month became effective January 1, 1991, by approval of the Fort Collins City Council. This fee remained the same each year by annual approval of the LETA Board, until 1998 when the fee was decreased by 10% to the current forty-five cents ($.45). At the most recent LETA Board meeting it was decided that in view of the future need to provide technical equipment to 911 Centers for locating wireless 911 callers, the telephone exchange access charge of forty-five cents ($.45) per month should remain in place. The LETA Board has agreed to regularly review the charge in hopes of lowering it again in the future. 171 August 4, 1998 This surcharge to telephone subscribers is necessary to continue to adequately fund the Emergency 911 telephone service in the City of Fort Collins throughout 1999. 15. Items Relating to the Lincoln Junior High School 1st and 2nd Annexations. A. Resolution 98-115 Finding Substantial Compliance and Initiating Annexation Proceedings for the Lincoln Junior High School 1st Annexation. B. Resolution 98-116 Finding Substantial Compliance and Initiating Annexation Proceedings for the Lincoln Junior High School 2nd Annexation. These are voluntary annexations, located within the Urban Growth Area of the City of Fort Collins. The City may annex property located within the Urban Growth Area Boundary, provided that the property has 1/6th contiguity with the existing City boundary. The proposed annexations known as the Lincoln Junior High 1st Annexation and Zoning and Lincoln Junior High School 2nd Annexation and Zoning comply with this requirement. The Lincoln Junior High 1st Annexation and Zoning is approximately 1.89 acres in size and is located on West Vine Drive, between North Shields Street and North Taft Hills Road. The proposed zoning for this annexation is UE-Urban Estate zone district. The Lincoln Junior High 2nd Annexation and Zoning is approximately 49 acres in size and is located on West Vine Drive, between North Shields Street and North Taft Hill Road. The existing use of the property is a junior high school. The proposed zoning for the annexation is UE-Urban Estate zone district. The proposed Resolutions state that it is the City's intent to annex this property and direct that the published notice required by State law be given of the Council's hearings to consider the needed annexation ordinances. The hearings will be held at the time of First Reading of the annexation ordinances on September 15,1998. Not less than thirty days prior published notice is required by State law. Resolutions initiating annexation proceedings were previously adopted by City Council. However, errors were discovered in the petitions that essentially voided the adopted resolutions, and, therefore, requires City Council action again on the corrected petitions. 16. Resolution 98-117 Making Appointments to Various Boards and Commissions. Vacancies currently exist on various boards and commissions due to resignations of board members and the expiration of terms of members of boards and commissions. Applications were solicited during March and April. Council received copies of the applications and 172 August 4, 1998 Council teams interviewed applicants during May and June. Interviews were also held in July for several boards due to scheduling conflicts and readvertising efforts. This Resolution completes the annual appointment process by making appointments to the Affordable Housing Board and the Community Development Block Grant Commission. 17. Routine Deeds and Easements. Deed of Easement from Wintergreen Homes, to install underground electric system, located at Richards Lake - Hearthfire PUD. Monetary consideration: $10. Items on Second Reading were read by title by City Clerk Wanda Krajicek. 7. Second Reading of Ordinance No. 127, 1998, Appropriating Unanticipated Revenue and Prior Year Reserves in the Water Fund for a Water Exhibits Grant. Second Reading of Ordinance No. 130, 1998 Authorizing the Termination of the Cit�'s Lease for the Mini Library at 132 Troutman Parkway. 22. Second Reading of Ordinance No. 76, 1998, Creating a New Division 8 in Chapter 2 of the City Code Entitled Citizen Review Board. 23. Second Reading of Ordinance No. 129, 1998, Approving and Authorizing a Rebate of Certain Impact Fees Associated with the Construction of a New 200,000 Square Foot Office Facility for Celestica Colorado. 24. Second Reading of Ordinance No. 128, 1998, Approving and Authorizing the City to Enter into Agreements in Connection with the Execution and Delivery of Lease Certificates of Participation for the Civic Center Facilities Project. Items on First Reading were read by title by City Clerk Wanda Krajicek. 9. First Reading of Ordinance No. 131, 1998, Appropriating Unanticipated Revenue in the General Fund to Develop a Local Action Plan for Reducing Greenhouse Gas Emissions. 10. First Reading of Ordinance No. 132, 1998, Appropriating Unanticipated Revenue in the General Fund for the Use of Camera Radar and Red -Light Cameras to Enforce Traffic Violations. 11. First Reading of Ordinance No. 133, 1998, Authorizing the Execution of an Intergovernmental Agreement Between the City of Fort Collins and the State of Colorado 173 August 4, 1998 (Department of Transportation). Relatingto o Design Construction and Maintenance of the Harmony Road/I-25 Interchange and Transportation Transfer Center Project. 12. First Reading of Ordinance No. 134, 1998, Amendingthe he City Code to Revise Water and Wastewater Plant Investment Fees. 13. First Reading of Ordinance No. 137, 1998, Amending Chapter 7 of the City Code relating to Voter Registration and Election Campaign Reports. 21. First Reading of Ordinance No. 136, 1998, Adopting the 1998-1999 Classified Employees Pay and Classification Plan. Councilmember Smith made a motion, seconded by Councilmember Bertschy, to adopt and approve all items on the Consent Calendar. The vote on the motion was as follows: Yeas: Councilmembers Azari, Bertschy, Kneeland, Mason and Smith. Nays: None. THE MOTION CARRIED. Consent Calendar Follow -Up Councilmember Kneeland noted that item #15 Items Relating to the Lincoln Junior High School 1st and 2nd Annexations initiated rather than approved the annexations, and the Planning and Zoning Board has raised a number of issues that will be continue to be looked at in detail when the annexation ordinances are presented to Council on First Reading on September 15. Councilmember Bertschy stated that item # 13 First Reading of Ordinance No. 137, 1998, Amending Chapter 7 of the City Code relating to Voter Registration and Election Campaign Reports increases the City's compliance with the Fair Campaign Practices Act and requires an additional contribution and expenditure report on the Friday prior to the election. Councilmember Mason spoke concerning item #12 First Reading of Ordinance No. 134, 1998, Amending the City Code to Revise Water and Wastewater Plant Investment Fees, noting that plant investment fees have not been adjusted since 1991. Councilmember Reports Councilmember Smith reported on the Utility and Technology Committee discussions concerning the City's information technology strategic plan. Councilmember Mason reported that the Growth Management Committee discussed the planning for the Hansen property in the Fossil Creek area, the downtown Poudre corridor implementation study, and the City/County work plan for the Urban Growth Area. 174 August 4, 1998 Councilmember Kneeland reported on the Council Health and Safety Committee discussions concerning a review of the philosophy and policies of the School Resource Officer program. The Committee also discussed issues surrounding the creation of the citizen review board. She noted that Bud Reed is retiring from the Police Department on September 1. Councilmember Bertschy reported on the Governance Committee's discussions of ex parte communications and the Fair Campaign Practices Act. Councilmember Kneeland reported that the Organizational Development Committee discussed City Dialogue and is suggesting further discussion at the Council retreat. The committee also discussed the role and functions of the Organizational Development Committee. ("Secretary's Note: Councilmember Wanner arrived at 6:30 p.m.) Ordinance No. 136,1998, Adopting the 1998-1999 Classified Employees Pay and Classification Plan. Adopted on First Reading The following is staff s memorandum on this item. "Financial Impa Fundingfor the Pay and Classification Plan will be accomplished with existing funds. Adjustments to bring employees to the new range minimums as well as salary adjustments within the ranges will be dependent on such factors as General Fund resources and individual department budgets as well as other existing funds. Presently there is approximately$300,000 in 1998 funds and another $337, 000 in 1999, plus funding for the 1999 labor market adjustment. Executive Summary When the City initiated the project ofrevising the compensation and classification system two years ago, there were specific objectives to be met as follows: • Develop labor market comparisons that are consistent with the City's compensation philosophy of salaries set at the 70Y'percentile • Implement an effective, dependable job classification system • Consolidatejob titles • Develop a structured compensation plan • Develop a compensation plan that is understandable to employees and easily implemented by managers 175 August 4, 1998 BACKGROUND: The City contracted with the consulting firm, Watson Wyatt Worldwide, Inc., who met with Councilmembers and the Executive Lead Team to develop an understanding of the City's strategic objectives and desired culture, as well as to determine how the compensation philosophy could best support the City's direction and environment. Over the course of several months, Watson Wyatt compiled a substantial database on positions deemed "benchmarks" in the labor market. Previously, the City had used only 26 positions throughout the organization as job family benchmarks. That number was increased to 75, and included survey data from public and private sector employers. However, when Human Resources staffanalyzed the data, they were concerned with the validity ofthe job matches, particularly since the proportionate increases (or decreases) to salaries were, in their opinion, extreme. The confidence level in the pay line recommendations from Watson Wyatt was therefore quite low. In order to address the concerns about the Watson Wyatt models, the Human Resources Department staff conducted a thorough research effort to obtain solid job matches, and obtain the most current market data available. This included just published surveys from Mountain States Employer's Council (MSEC), the Colorado Municipal League (CML), the City of Longmont survey, and direct contact surveys with municipalities. The result was that the number of benchmarks increased to more than 100, thus further validating data compiled by Human Resources. The research also included substantially more private sector data on commonly shared jobs and salary data from the public sector which was much more reflective of the actual market. A pay structure was designed that is market based, that is consistent with the City's payphilosophy, and does not create extremes in terms of salary increases or salary 'freezes ". PRIMARYDATA SOURCES: Mountain States Emplover's Council (MSEQ: MSEC represents Colorado employers of all sizes, from as few as 49 employees to more than 2, 000. Data from 479 respondents to the survey represent six geographic areas, one of which is Northern Colorado. The Northern Colorado survey information includes 51 employers of various sizes, representing a total of over 34, 000 employees. Although public sector employers are included in the survey, they represent less than 5% of the employers. MSEC surveys 347 benchmarkpositions. Colorado Municipal League (CML): CML reports compensation information from 90 jurisdictions with populations over 5,000 in the state of Colorado. This includes 71 municipalities, 18 counties, and other local jurisdictions. The survey provides information on 74 benchmark positions commonly shared by most municipalities, as well as a second survey of 32 executive and management level positions in the public sector. 176 August 4, 1998 Longmont Survey: Produced by the CityofLongmont, this survey provides compensation information for 70 benchmark positions from public and private sector employers in Northern Colorado and the Denver metro area. Most positions in the Longmont survey were ones included in the CML survey. Results: Pay Plan: The pay structures were developed by calculating the 70`h percentile on benchmarks and allowing a 10% difference between one level and the next. Although the ranges still amount to a 36% spread, the new pay lines no longer have steps, only an entry level and maximum salary. Employees will not lose ultimate earnings potential, but the 6%steps have been eliminated in favor of a process that will confine future movement to something closer to 4% increases within a range. This is in keeping with industry standard, which maintains merit increases at 4% to 4.5%, and is also following Council direction to reduce the City's prevailing merit increase of 6% steps. The Information Technology occupational group salary schedule is not included in the attached packet since it was previously approved by City Council in December, 1997 and also follows the percentages established for ranges and levels. As of today, in the General Fund, there are 453 classified employees. Of that number, and subject to turnover or performance increases, there are 16 employees (3.5% of total) whose current salaries exceed theproposed range maximum for their classification, and will therefore be subject to a salary 'freeze". Additionally, there are 78 employees (17% of total) whose salaries are less than the proposed minimum salary level, and will have to be brought to the new range minimums, as appropriations permit. The remaining 79% of the classified employees in the General Fund are within the salary ranges. Job Classifications: When the compensation and classification project began, the City had more than 900 individual job titles, for an employee body of 1,300. That number has been reduced substantially to approximately 400job classifications, and was achieved by collapsing likejobs into single classifications, thus eliminating 'personalized" job titles and descriptions. For a municipality of this size, 400 classifications is a more appropriate number, and is far more manageable with regard to market analysis. Since benchmarks were increased to more than 100 jobs, one out of every four positions now has a data point. This allowed staff to create a compensation plan that is equitabledefensible and strongly market -based. Every position in the City has a current classification description, which has gone through multiple iterations, including review and comments by respective employees and their supervisors before final descriptions were drafted. Human Resources will maintain the official "catalogue" of descriptions, which will be used for market analyses, job postings and general guidelines for departments seeking to add or re-classify 177 August 4, 1998 positions. These descriptions have also been organized and archived electronically for ease of reference and updates as required. The Compensation Plan was presented to the Finance Committee on Thursday, July 16, 1998, and the Plan was recommended for adoption. " N City Manager Fischbach reviewed the five primary objectives of the process that began almost two years ago: to develop labor market comparisons that are consistent with the City's compensation philosophy of salaries set at the 70th percentile; to implement an effective, dependable job classification system; to consolidate job titles; to develop a structured compensation plan; and to develop a compensation plan that is understandable to employees and easily implemented by managers. He stated that the proposed Pay Plan would meet all five of these objectives. Frank Bruno, Assistant City Manager, spoke concerning the staff work that has brought the Plan to this point. Dana Shea -Reid, Acting Human Resources Director, presented the highlights of the Pay and Classification Plan, noting that it is contemporary in design, equitable in alignment, and consistent with the City's pay philosophy. She spoke concerning how each of the five objectives was achieved. Gale Shelberg, Personnel Board Chair, spoke concerning the involvement and perspective of the Personnel Board and supported the proposed Pay Plan. He noted that the Plan will allow the City to continue to attract and retain quality employees. City Manager Fischbach stated that Councilmembers Wanner and Mason serve on the Finance Committee and have reviewed and recommended the proposed plan. Councilmember Bertschy asked about the consolidation of job titles and pay differential and asked if any employees will lose pay as a result of the process. City Manager Fischbach noted that no employee will lose pay, although compensation for some employees could be frozen. Councilmember Smith asked if there will be a periodic review. City Manager Fischbach noted that the City plans to review the Plan annually. Councilmember Kneeland asked about language in Section 3 of the Ordinance regarding authorization for the City Manager to modify the Plan during the year. Paul Eckman, Deputy City Attorney, stated that any plan modification can not exceed the amount budgeted, and the Ordinance would authorize the City Manager to either reduce or increase the entry or the maximum levels of compensation within each pay level. Greg Tempel, Assistant City Attorney, stated that similar provisions have appeared in past pay plan ordinances and the language is meant to give the City Manager the ability to correct inequities. 178 August 4, 1998 Councilmember Smith asked if there is a review process before such changes would be made. Mayor Azari suggested that the language in Section 3 be reviewed and discussed prior to Second Reading to increase Council's comfort level with the provision. Councilmember Bertschy made a motion, seconded by Councilmember Kneeland, to adopt Ordinance No. 136, 1998 on First Reading. Councilmember Kneeland commended the effort to make the Pay Plan fair, competitive and understandable and supported the City's policy to pay in the 70th percentile to attract and retain top quality employees. Councilmember Mason stated he likes the strong market links of the Plan and having more data to justify the compensation levels. Mayor Azari reflected on the difficulty of previous pay plan discussions and thanked staff and the Personnel Board for their efforts in moving the City toward better management practice. The vote on Councilmember Bertschy's motion was as follows: Yeas: Councilmembers Azari, Bertschy, Kneeland, Mason, Smith and Wanner. Nays: None. THE MOTION CARRIED. Ordinance No. 76, 1998, Creating a New Division 8 in Chapter 2 of the City Code Entitled Citizen Review Board, Adopted on Second Reading The following is staff s memorandum on this item. "Executive Summary Following the April 1997 Municipal Election, the City Council asked staff to prepare a recommendation concerning the possible formation of a Citizen Review Board (CRB) for police matters. After researching the existing citizen review process that is currently in place through the Human Relations Commission and referencing the past voter -defeated initiative pertaining to the creation of a Citizen Review Board, a draft ordinance was prepared. To gauge public sentiment, the draft ordinance was distributed to various boards and commissions, interested members of the community and the CSU Criminal Justice Department for review and comment. Based upon comments received, a revised draft was prepared and resubmitted to the abovegroups for additional review. Ordinance No. 76, 1998, was adopted as amended by a vote of 4-3, on First Reading on Apri121, 1998. Second Reading of the Ordinance was delayed to August 4, 1998 to allow adequate timefor additional review andHealth and Safety Committee consideration ofthefive changesmade 179 August 4, 1998 in the Citizen Review Board Ordinance after the First Reading of the Ordinance on April 21, 1998. Those changes include: (1) The provisions of Section 2-138(c) have been revised. These provisions pertain to the training required of persons appointed to the Board. The new language provides thatprospective Board members must attend and complete such training as may be developed by the City Manager upon consultation with the Chief of Police and the Health and Safety Committee. (2) A one year limitation period has been added for most complaints. Complaints about incidents happening over a year before the filing of a complaint would not require police investigation and referral to the CRB. However, this limitation period would not apply ifPolice Services learned of an incident involving the use of deadly force, in which case, an investigation and referral to the CRB would be required regardless of when the incident actually occurred. (3) The word "serious" has been stricken from the phrase "serious civil rights violation " setforth in Section 2-139(2)(b). (4) The word "annual" replaces the word 'periodic" in subsection 6 of Section 2-139. This change was made on First Reading at the request of Councilmember Smith. (S) A new subsection () has been added to Section 2-140 which provides the review subcommittee with the opportunity to request an independent City Council investigation of a particular matter if it believes that, in order to complete the investigation, it is necessary that an independent investigator be retained or that the City Council exercise its authority under the City Charter to subpoena witnesses and/or documents that may be necessary to complete the investigation. The Health and Safety Committee discussed the changes at the July 23, 1998 meeting and supports the revisions to the Ordinance. A new Section 4 to the Ordinance has been added after the Health and Safety Committee's review. This new section provides that the Human Relations Commission will continue to handle complaints pursuant to the old process until the Citizen Review Board members are selected and trained. This provision is intended to cover the time period between the effective date of this new ordinance and the time when the new CRB will be ready to handle reviews and complaints " City Manager Fischbach stated that the ordinance has been reviewed with the Health and Safety Committee. IM August 4, 1998 Dennis Harrison, Police Chief, reviewed changes made to the ordinance since First Reading to address five substantive areas of concern: the required training, the time limitation period for complaints, what constitutes a "serious" civil rights violation, the frequency of reports to the Council, and the ability of the board to make a request to City Council for subpoena power and a private investigator. The current process will remain in effect until the new board is trained and functioning. Councilmember Wanner asked how long it will take for the Board to be operational. ChiefHarrison stated the board should be up and running in about 90 days. Councilmember Smith noted that language in the Ordinance would allow the board to look at City policies to make recommendations to the City Manager and Chief of Police, and he asked how the Council would be advised of the Board's recommendations. Greg Tempel, Assistant City Attorney, stated that the Board's annual report to the City Council will discuss the Board's activities and recommendations. Chief Harrison stated that the board will give recommendations on interpretation rather than formulation of policies. Deputy City Attorney Eckman noted that the Council will also receive the minutes of the Board. City Manager Fischbach stated that staffwill review the new process periodically to determine if any changes need to be brought back for Council consideration. Councilmember Smith suggested assigning a Council liaison to the board. Councilmember Bertschy asked if the nomination process will be the same as for other boards. Bob Lenk, Human Relations Commission, stated that the revised ordinance addresses many of the earlier concerns. Councilmember Wannermade a motion, seconded by Councilmember Bertschy, to adopt Ordinance No. 76, 1998 on Second Reading. Councilmember Mason expressed a concern about morale on the police force. Chief Harrison stated that the agency as a whole accepts that this is a fair and equitable starting point. LeRoy Gomez, chair of Citizens for a Citizen Review Board, read a prepared statement addressing the history of the issue and favoring independent subpoena power for the board. David Lipp, 626 Remington, stated that the proposed Ordinance is insufficient since there is no provision for subpoena power and an independent investigator. He asked that the Ordinance be revised. 181 August 4, 1998 Rick Leno, a Fort Collins resident, stated that the Citizen Review Board needs to be independent and have subpoena power. Chuck Rhodes, 1401 Patton Street, opposed the creation of a Citizen Review Board and noted that the voters have defeated an initiative on the matter. Councilmember Kneeland spoke concerning the professionalism of the police department and the Health and Safety Committee work on the matter. She stated that she would not be supporting the Ordinance because of checks and balances issues, although the proposed Ordinance does respond to many of the concerns expressed throughout the process. Councilmember Mason supported creating a board without subpoena power or an independent investigator and noted that a majority of voters did not support the original initiative at the 1997 election. Councilmember Bertschy stated he would support the Ordinance as a good compromise and commented that the education process will be important. Councilmember Smith supported the motion and commented on significant differences between the proposed Ordinance and the original initiative. He suggested that the activities of the board in reviewing police services policies and operations be looked at during the first annual review. Councilmember Wanner spoke in support of the Ordinance. Mayor Azari stated that the Ordinance fits within the guidelines of the Charter and noted that the Board will work for fairness for police officers as well as members of the community. She commented that the creation of a board will improve perceptions about how police complaints are handled in this community. The vote on Councilmember Warner's motion was as follows: Yeas: Councilmembers Azari, Bertschy, Mason, Smith and Wanner. Nays: Councilmember Kneeland. THE MOTION CARRIED. 182 August 4, 1998 Ordinance No. 129,1998, Approving and Authorizing a Rebate of Certain Impact Fees Associated with the Construction of a New 200,000 Square Foot Office Facility for Celestica Colorado. Adopted on Second Reading The following is staffs memorandum on this item. "Executive Summary In August 1994, City Council adopted Ordinance No. 123, 1994 which amended Article HIChapter 5 of the Code ofthe City of Fort Collins so as to permit the rebate of impact fees for the purpose of economic development. Prior to the adoption of Ordinance No. 123, 1994, the Code had permitted the waiver offees on a case -by -case basis. The rebate modification was suggested by staff in order to further protect the City by linking the payment ofan incentive to the performance ofthe company requesting the incentive. On June 16, 1998, City Council adopted Ordinance No. 111, 1998 which suspended the Impact Fee Rebate Program indefinitely with the exception of companies who had fled a letter of intent to request a rebate. Celestica filed a letter of intent prior the adoption of Ordinance No. 111, 1998. Ordinance No. 129, 1998 was adopted 5-1 on First Reading on July 21, 1998 and authorizes the rebate of certain impact fees for Celestica Colorado. " Frank Bruno, Assistant City Manager, presented background on the issue. Councilmember Smith made a motion, seconded by Councilmember Kneeland, to adopt Ordinance No. 129, 1998 on Second Reading. Councilmember Mason asked about the schedule for updating the environmental and fiscal impact model. Bruno stated that the City is working on a contract with CSU for refinements to the model that will occur into 1999, and the model will be reviewed annually. Councilmember Smith supported the Ordinance and emphasized that the model should be viewed as a tool. Councilmember Mason stated he would not support the Ordinance and that tax dollars should be used instead for infrastructure improvements and City programs. Councilmember Bertschy supported the Ordinance and stated that the evaluation ofthe overall policy should continue. Councilmember Kneeland spoke in support ofthe Ordinance and commented on the need to preserve economic health for the community. 183 August 4, 1998 The vote on the motion was as follows: Yeas: Councilmembers Azari, Bertschy, Kneeland, Smith and Wanner. Nays: Councilmember Mason. THE MOTION CARRIED. Ordinance No. 128, 1998, Approving and Authorizing the City to Enter into Agreements in Connection with the Execution and Delivery of Lease Certificates of Participation for the Civic Center Facilities Project. Adopted on Second Reading The following is staff's memorandum on this item. "Executive Summary The Civic Center Facilities Project includes the Civic Center Parking Structure and the City Off ce Building to be built on the southeast corner of Block 32. According to the Design Build Contract negotiated with Hensel Phelps, the Parking Structure will be a four -and -a -half level, 285,000 square foot, 905 space public parking structure. Built adjacent to the Parking Structure will be 15,890 square feet of commercial space at the street level along Mason Street. The Office Building is programmed to be a 69,100 square foot, four story building. The facility will allow the City to bring together numerous Cityfunctions currently housed in leased spaces throughout the downtown Fort Collins area. This will provide for easier customer access and more efficient service delivery. Ordinance No. 128, 1998, was adopted by a 5-1 vote on First Reading on July 21, 1998, and provides the authorization for the City to enter into the agreements required to cause the financing transaction for the Project to take place. The agreements include the Site Agreement, Lease Agreement, and Certificate Purchase Agreement. Other documents authorized in the Ordinance include the Indenture, the Parking Structure License Agreement, the Leasehold Deed of Trust, and the Preliminary Official Statement. Based on the adoption of the Ordinance on First Reading, the City, through its underwriters for the project, sold the lease purchase certificates ofparticipation for the financing of the project on July 29, 1998. The average coupon interest rate on the certificates is 4.95% over the twenty-year term. BACKGROUND: On First Reading, a preliminary cost table was presented with the caveat that some of the numbers would change due to market conditions and ongoing negotiations with some ofthe financial services providers. The table below presents the final figures based on the sale of the certificates on July 29th. 184 Sources of Funds Parking Office Structure Building August 4, 1998 Combined Percent Facility of Total Cost Cost New Issue Certificates of Participation $ 6,920,000 $ 10,290,000 $ 17,210,000 75.3% Larimer County Contribution 4,344,000 4,344,000 19.0 % Interest on Proceeds During Construction 1,247,673 1,247,673 5.5% Accrued Interest 23,060 34,376 57,436 0.3% Total Sources Uses of Funds Construction Cost Project Costs Land Contingency Art in Public Places Subtotal Project Costs Financing Costs: Debt Service Reserve Surety Underwriters Cost Original Interest Discount Bond Insurance Cost of Issuance Accrued Interest Financing Contingency Subtotal financing Total Project Costs 11,287,060 11,572,049 22,859,109 100.0% 9,601,000 8,404,804 18,005,804 78.8% 280,000 1,619,000 1,899,000 8.3% 700,000 500,000 1,200,000 5.2% 400,000 645,600 1,045,600 4.6% 111,800 115,495 227,295 1.0% 11,092,800 11,284,899 22,377,699 97.9% 14,149 21,236 35,385 0.2% 44,980 66,885 111,865 0.5% 31,921 48,000 79,921 0.3% 28,000 42,000 70,000 0.3% 48,231 71,719 119,950 0.5% 23,060 34,376 57,436 0.3% 3,919 2,934 6,853 0.0% 194,260 287,150 481,410 2.1% $ 11.287.060 $ 11.572.049 122.859.109 100.0% The key changes in the sources and uses of funds include the addition of $100, 000 of land costs. This increase will provide sufficient funds for the acquisition ofprivate property at the southern end of the site. Financing costs were reduced by about $50, 000 due to lower original issue discount and lower costs of issuance. The presentation above does not include the use of Capital Improvement Expansion Fees which were included in the table on First Reading. Staffcontemplates that a portion of the Capital Improvement Expansion Fees will be used for capital equipment and furnishings in the new Office Building. Bond Counsel recommended that such use of the fees would complicate the presentation ofthe leasepurchase certificate ofparticipation transaction and recommended that their use be presented separately. " Frank Bruno, Assistant City Manager, spoke concerning the office building component and noted that staff will be developing a strategy to involve the public in the design. 185 August 4, 1998 Alan Krcmarik, Finance Director, stated that staff marketed Certificates of Participation and obtained an average coupon rate on this financing of 4.95%. Councilmember Kneeland made amotion, seconded by Councilmember Wanner, to adopt Ordinance No. 128, 1998 on Second Reading. Councilmember Mason spoke concerning the strategy to obtain public input on the office building design. City Manager Fischbach stated that there has been intensive public review of the parking structure. Kelly Ohlson, 2040 Bennington Circle, spoke concerning the lack of public process on the parking structure design. Councilmember Kneeland spoke concerning the integrity of the public process on the parking structure design. Councilmember Mason stated that he will support the Ordinance on Second Reading because of information received concerning potential rental savings and revenue for the facility. The vote on Councilmember Kneeland's motion was as follows: Yeas: Councilmembers Azari, Bertschy, Kneeland, Mason, Smith and Wanner. Nays: None. THE MOTION CARRIED. Other Business Councilmember Smith requested support to have legal staff draft an ordinance for Council consideration amending the Model Traffic Code regarding audible warnings on the trail system and pedestrian right-of-way at uncontrolled intersections. Sufficient interest was expressed for this item to be brought forward through the review process. Councilmember Bertschy spoke concerning liability for allowing development in the Poudre River corridor prior to the completion of the plan. Councilmember Bertschy suggested that on National Night Out next year the Council meeting be scheduled to allow an opportunity for Councilmembers to participate in the event. The consensus was to consider scheduling the Council meeting at 7:30 p.m. on the evening of the next year's event. Councilmember Mason expressed concern about the three -minute limit for public participation at Council meetings and suggested discussing the time limit at the Council retreat. MR Adjournment The meeting adjourned at 8:10 p.m. Mayor ATTEST: • August 4, 1998 187