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HomeMy WebLinkAboutMINUTES-10/27/1998-AdjournedOctober 27,1998 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, October 27, 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: Bertschy, Byrne, Mason, Smith and Wanner. Councilmembers Absent: Azari and Kneeland. Staff Members Present: Fischbach, Krajicek, Roy. Executive Session Authorized Councilmember Wanner made a motion, seconded by Councilmember Byrne, to adjourn into Executive Session to consult with legal counsel regarding legal questions involving litigation and potential litigation. The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Byrne, Mason, Smith and Wanner. Nays: None. THE MOTION CARRIED. Adjournment At the conclusion of the Executive Session, the meeting reconvened apd<asaidjourned at 7: WNWIS City Clerk 353 November 3,1998 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, November 3, 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. Aeenda Review City Manager Fischbach noted that there were no changes to the printed revised agenda. CONSENT CALENDAR Consideration and Approval of the Council meeting minutes of May 2, May 19, June 2, June 16, July 7 and July 21, 1998. Second Reading of Ordinance No. 184, 1998, Appropriating Federal Grant Revenue and Authorizing the Transfer of Appropriations Between Projects in the Transportation Services Fund for the Operation of the North Front Range Transportation & Air Quality Planning Council's 1998-1999 Metropolitan Planning Organization Administration Program Year. The administration/program budget for NFRT&AQPC is funded with federal transportation program dollars administered by the Colorado Department of Transportation (CDOT) based on the federal fiscal and program year of October 1, 1998 to September 30, 1999. This period does not correspond to the City's calendar year appropriation time frame, and this time differential causes some accounting and budget management problems. Ordinance No. 184, 1998, which was unanimously adopted on First Reading on October 20, 1998, enables staff to more consistently manage and track the NFRT&AQPC's budget and expenditures. 9. Second Reading of Ordinance No. 185, 1998, Appropriating Unanticipated Revenue in the General Fund for the Community Mediation Program. This Ordinance, which was unanimously adopted on First Reading on October 20, 1998, appropriates $25,098 in unanticipated revenue for the Community Mediation Program. The 354 November 3, 1998 funds will be used by the Neighborhood Resources Office to continue operating a free dispute resolution service for citizens of Fort Collins. 10. Second Reading of Ordinance No. 186, 1998, Authorizing the Issuance of City of Fort Collins Colorado, Highway Users Tax Revenue Refunding Bonds, Series 1998, Dated November 1 1998, in the Aggregate Principal Amount of $3,395,000, for the Purpose of Refundingthe City's Hiphway Users Tax Revenue Bonds, Series 1992, and Pledging the Revenue Distributed to the City from the State's Highway Users Tax Fund to Pay the Principal of and Interest on the Bonds. Ordinance No. 186, 1998, was unanimously adopted on First Reading on October 20, 1998 and authorizes the issuance of Highway User Tax Revenue Bonds. Final figures to be inserted into this Ordinance were not available at press time. A copy of the Ordinance, with figures inserted, will be on file in the office of the City Clerk on Friday October 30, and copies will be provided to the Council in its "Read Before the Meeting" folder on Tuesday. 11. Second Reading of Ordinance No. 187, 1998, Appropriating Unanticipated Revenue in the Flood Recovery Fund. The City appropriated $2.5 million of its emergency reserve to meet the costs of the flood response and the repair of public facilities. The Federal Emergency Management Administration, the City's insurance carrier, and the State of Colorado have reimbursed $1,305,627 to the City for some of the costs that have been incurred. Ordinance No. 187, 1998, was unanimously adopted on First Reading on October 20, 1998, appropriating $1,107,565 of the money received. $150,000 of the money received will be used to reimburse the emergency reserve account. Other portions of the money is being appropriated to cover unexpected costs of flood recovery including some project repairs that are higher than originally estimated and costs of legal assistance directed by the City Council. 12. Second Reading of Ordinance No. 188, 1998, Amending Section 28-17 of the City Code Relating to When Authorized Emergency Vehicles are Required to Use Flashing Lights and Siren in Order to be Exempt From Certain Traffic Regulations as Provided in the "Model Traffic Code for Colorado Municipalities," 1977 Edition. Ordinance No. 188, 1998 was unanimously adopted on First Reading on October 20, 1998, eliminating the conflict between the City's MTC and the State's Traffic Code by amending MTC Sections 4-8 and 21-7 to provide, like the State's Traffic Code, that emergency vehicles responding to emergencies are only required to use either visual or audible signals. 355 November 3, 1998 13. Second Reading. of Ordinance No. 189, 1998, Amending Ordinances Previously Approving Development Impact Fee Rebates for Advanced Energy Industries. Inc., and Symbios Logic. Inc., to Eliminate Rebate of Building Permit and Plan Review Fees. In 1994, when City Council took action to modify the previous Development Fee Waiver Program, and convert the program to a rebate of fees, one additional change was authorized during the Council discussion. This change involved removing the non -impact -related fees from consideration for rebate. This included the building permit and plan review fees. While this action seemed clear at the time, some time elapsed from the adoption of the revised program, and the focus of the change was inadvertently lost in translation. When the Advanced Energy and Symbios projects came forward in 1995 and 1996, respectively, staff continued to process the rebate as the waiver had been processed in the past, that is, including the building permit and plan review fees. Recently, when staff began working on a development fee rebate request from Hewlett Packard, the error of including the two fees in the prior projects came to staff s attention. This Ordinance corrects the prior errors. Ordinance No.189, 1998 was unanimously adopted on First Reading on October 20, 1998. 14. Second Reading of Ordinance No. 190, 1998, Designating the George Wolfer House and Garages, 1400 West Oak Street, as a Historic Landmark Pursuant to Chapter 14 of the City Code. The owners of the property, Thomas R. Burkot and Patricia M. Graves, are initiating this request for Local Landmark designation for the George Wolfer House and Garages. The buildings are significant for both their architectural and historical importance. The house and garages are good examples of Craftsman architecture and retain excellent physical integrity. They are also historically significant for their association with George Wolfer. Ordinance No. 190, 1998 was unanimously adopted on First Reading on October 20, 1998. 15. Second Reading of Ordinance No. 191, 1998, Designating the Humphrey/Davis House, 231 South Howes Street, as a Historic Landmark Pursuant to Chapter 14 of the City Code. The owner of the property, Stephen Slezak, is initiating this request for Local Landmark designation for the Humphrey/Davis House. The building is eligible for Local Landmark designation for both its architectural and historical importance to Fort Collins. It is a nice example of an Italianate middle class residence in Fort Collins, with very good integrity. It is also significant for its historical associations as the residence of Captain Harry Humphrey, director of the Military Department at Colorado Agricultural College, and as the residence of Adelia Davis, Fort Collins' first registered woman pharmacist. Ordinance No. 191, 1998 was unanimously adopted on First Reading on October 20, 1998. 356 November 3, 1998 16. Second Reading of Ordinance No. 192,1998, Designatin the e Ralph House, 641 Remington Street, as a Historic Landmark Pursuant to Chanter 14 of the City Code. The owners of the property, Joseph and Carolyn Knape, are initiating this request for Local Landmark designation for the Ralph House. The building is eligible for Local Landmark designation for both its architectural and historical importance to Fort Collins. It is a nice example of a Craftsman bungalow style residence in Fort Collins, with good integrity. It is also significant for its historical associations as the parsonage for the First United Presbyterian Church. The building is a contributing structure to the Laurel School National Register District. Ordinance No. 192, 1998 was unanimously adopted on First Reading on October 20, 1998. 17. Second Reading of Ordinance No. 193, 1998, Designating the Buildings. Structures and Land, known as the Preston Farm Historic District, 4605 South County Road 9, as a Historic Landmark Pursuant to Chapter 14 of the City Code. The owners of the property, David and Patricia Lawser, are initiating this request for Local Landmark designation for the Preston Farm. The farm is eligible for Local Landmark designation for both its architectural and historical importance to Fort Collins, and is eligible for individual listing on the National Register of Historic Places under criteria A and C. Ordinance No. 193, 1998 was unanimously adopted on First Reading on October 20, 1998. 18. Second Reading of Ordinance No. 194, 1998, Designating the Rush and Jean C. Locke House, 719 East Prospect Road, as a Historic Landmark Pursuant to Chapter 14 of the City Code. The owner of the property, Carl J. Kneese, is initiating this request for Local Landmark designation for the Rush and Jean C. Locke House. The building is significant for its architectural style. It is an interesting example of the English Revival style, with unusual cladding. Ordinance No. 194, 1998 was unanimously adopted on First Reading on October 20, 1998. 19. First Reading of Ordinance No. 195, 1998, Appropriating Unanticipated Revenue in the General Fund for Police Services and Authorizing the Transfer of Appropriated Amounts Between Accounts and Projects for the Larimer County Multi -Jurisdictional Drug Task Force. For the past eleven years, Fort Collins Police Services has applied to the Colorado Division of Criminal Justice for federal drug grant monies to help fund the investigation of illegal narcotics activities. Fort Collins has once again joined with other members of the Drug Task Force, (Loveland Police Department, Larimer County Sheriff's Department and Colorado State University Police Department) in one application for funding of the multi jurisdictional 357 November 3, 1998 drug task force to be administered by the City of Fort Collins. As administrator of the 1998- 1999 grant, Police Services will assure funding to other participating agencies for their share of the federal funds. The City has recently received notification of a grant award in the amount of $202,101. The participating agencies will be providing matching funds in the amount of $202,101. Fort Collins' portion of the match is $87,608. This match is met via the budgeted salary and fringe benefits of an existing officer, Secretary III and 50% of the budgeted Lieutenant position, all part of the Fort Collins Police Services personnel currently assigned to the Drug Task Force. The participating agencies will benefit from grant funds in the area of overtime, confidential funds, equipment, training, lease expenses associated with the off -site facility and 50% funding of the lieutenant position which manages the Task Force. This appropriation is not a request to identify new dollars for Police Services' 1999 budget. This action appropriates the $202,101 in new federal grant money received in connection with the program. 20. First Reading of Ordinance No. 196,1998, Appropriating Prior Year Reserves in the General Employees' Retirement Fund. In July and August General Employees Retirement Plan (the "GER Plan") members were asked to vote on whether they would like to transfer their defined benefit plan balance in the GER Plan to a money purchase plan. 375 of 800 active GER Plan members elected to convert from the GER Plan to the Money Purchase Plan. This Ordinance authorizes a $1 million appropriation to accommodate terminated vested employees who have elected to take single sum payments from the GER Plan, thus terminating their membership in the GER Plan. The Ordinance also authorizes a $ 9 million appropriation for the employees who have elected to convert their GER Plan benefits to the ICMA Money Purchase Plan. 21. First Reading of Ordinance No. 197, 1998, Authorizing a Mail Ballot Election for the April 6, 1999 Regular City Election. This Ordinance authorizes conduct of the April 6, 1999 regular municipal election by mail ballot, adopts the Mail Ballot Election Act of the Uniform Election Code governing mail ballot elections, authorizes the City Clerk to submit a mail ballot plan to the Secretary of State, and establishes the polling place for in -person voting for the April election. 358 November 3, 1998 22. First Reading of Ordinance No. 198, 1998, Amending Article IV of Chapter 2 of the City Code Pertaining to the Administrative Organization of the City, by Consolidating the Offices of Electric Utility Services and Water, Wastewater and Stormwater Utility Services. This Ordinance would formally consolidate the City's utility service areas, as referenced in the City Code. 23. First Reading of Ordinance No. 199, 1998, Amending Ordinance No. 46, 1981 as it Relates to the Legal Description of the Fort Collins. Colorado Downtown Development Authority. By petition, the owners of the property located at 328 Remington Street have requested annexation into the Downtown Development Authority (DDA) District. The petition was favorably considered by the DDA Board of Directors at its September 3, 1998 meeting. The owners are requesting the annexation so that the property can be eligible for DDA financial participation. The Board of the DDA found the redevelopment proposal, which is to turn the church into a performing arts school and stage, to be entirely consistent with the goals and objectives of the Fort Collins Plan of Development. The owners are working closely with the Landmark Preservation Commission to ensure that the work done on the building is historically accurate. In order to include this property in the Downtown Development Authority District, the Ordinance amends the legal description most recently amended in Ordinance No. 2, 1993. When the amendment to this Ordinance becomes effective, the additional property will be included within the DDA District and will be subject to any taxes which are thereafter imposed by the City for the use and benefit of the Authority. A memo and DDA Board Resolution approving this amendment, along with a map of the property to be added, are attached to this Agenda Item Summary. 24. First Reading of Ordinance No. 200, 1998, Designating the Addie R. Debolt House, 630 Peterson Street, as a Historic Landmark Pursuant to Chapter 14 of the City Code. The owners of the property, Randall and Retha Luttrell, are initiating this request for Local Landmark designation for the Addie R. Debolt House. The building is significant for its architectural importance, as an interesting example of modest Queen Anne architecture in Fort Collins. 359 November 3, 1998 25. First Reading of Ordinance No. 201, 1998, Vacatina Portions of the Ri ghts-of-Way for Plum Street and Orchard Place Dedicated on the Ponderosa Park, Miller Layland Subdivision, and Skyline Mobile Home Park Plats. This Ordinance vacates the street rights -of -way for Plum Street and Orchard Place. The rights -of -way for these streets are not needed as these streets will not extend east due to approved development. There is still access to the adjoining lot, formally accessed by Plum Street, which is provided off of Ponderosa Drive. Since approval and construction of Jefferson Commons, the curb, gutter, and asphalt have been removed in these areas and replaced with a bike/pedestrian path in the Orchard Place rights -of -way and with driveway and green space in the Plum Street rights -of -way. The rights -of -way will not be vacated in the area occupied by the bicycle/pedestrian path. Since there are currently utilities and drainage facilities within the street rights -of -way, a utility and drainage easement will be retained. 26. First Reading of Ordinance No. 202, 1998, Vacating Portions of the Ri t-of-Way for Redgate Court as Dedicated on the Gates at Woodridge PUD, Fourth Filing This Ordinance vacates the street right-of-way for Redgate Court. The right-of-way for this street is no longer needed as this area (the Court and surrounding lots) is to be part of a detention pond. Expansion of the originally planned detention pond is needed in order for the Gates at Woodridge PUD, Fourth Filing, Phases 2 and 3 and the Overlook at Woodridge PUD, Fourth Filing, Phase 2 to be approved and built. A replat of the lots surrounding the Court has been reviewed and will be filed upon vacation of the street right-of-way. This replat as well as revised plans (under review) show the changes needed to revise lot lines and the grading in the area needed to accommodate the necessary changes. Redgate Court right- of-way will be retained as access, utility and drainage easement until the land is replated and the plans showing reconfiguration of this area are approved. 27. Resolution 98-148 Finding Substantial Compliance and Initiating Annexation Proceedings for the Arapaho Bend 1 st Annexation. The Arapaho Bend 1 st Annexation and Zoning is approximately 41 acres in size, located on the north of East Harmony Road, south of East Horsetooth Road, west of County Road 7 and east of County Road 9. The proposed zoning for this annexation is POL-Public Open Lands zone district. The proposed Resolution states that it is the City's intent to annex this property and directs that the published notice required by State law be given of the Council's hearing to consider the needed annexation ordinance. The hearing will be held at the time of First Reading of the annexation and zoning ordinances on December 15, 1998. Not less than thirty days prior published notice is required by State law. 360 November 3, 1998 APPLICANT: City of Fort Collins OWNERS: City of Fort Collins 28. Resolution 98-149 Finding Substantial Compliance and Initiating Annexation Proceedings for the Arapaho Bend 2nd Annexation. The Arapaho Bend 2nd Annexation and Zoning is approximately 215 acres in size, located on the north of East Harmony Road, south of East Horsetooth Road, west of I-25 and east of CountyRoad 7. The proposed zoning for this annexation is POL-Public Open Lands zone district. The proposed Resolution states that it is the City's intent to annex this property and directs that the published notice required by State law be given of the Council's hearing to consider the needed annexation ordinance. The hearing will be held at the time of First Reading of the annexation and zoning ordinances on December 15, 1998. Not less than thirty days prior published notice is required by State law. APPLICANT: City of Fort Collins OWNERS: City of Fort Collins 29. Resolution 98-150 Finding Substantial Compliance and Initiating Annexation Proceedings for the Cottonwood Hollow Natural Areas Annexation. The Cottonwood Hollow Natural Area Annexation is approximately 93.3 acres in size, located on the south side of East Prospect Road, north of East Drake Road, west of Interstate 25, and east of Sharp Point Drive. The proposed zoning for this annexation is POL-Public Open Lands zone district and RC -River Conservation zone district. The proposed Resolution states that it is the City's intent to annex this property and directs that published notice required by State law be given of the Council's hearing to consider the annexation ordinance. The hearing will be held at the time of First Reading of the annexation and zoning ordinances on December 15, 1998. Not less than thirty days prior published notice is required by State law. 361 November 3, 1998 30. Resolution 98-151 Finding Substantial Compliance and Initiating Annexation Proceedings for the Pineridge 3rd Annexation. The Pineridge 3rd Annexation and Zoning is approximately 102 acres in size, located on the west side of South Overland Trail and south of County Road 42C. The proposed zoning for this annexation is POL-Public Open Lands zone district. The proposed Resolution states that it is the City's intent to annex this property and directs that the published notice required by State law be given of the Council's hearing to consider the needed annexation ordinance. The hearing will be held at the time of First Reading of the annexation and zoning ordinances on December 15,1998. Not less than thirty days prior published notice is required by State law. APPLICANT: City of Fort Collins OWNERS: City of Fort Collins 31. Indefinite Postponement of Resolution 98-143 Repealing and Readopting the Development Impact Fee Rebate Program Regulations for Affordable Housing, This item was postponed to November 3. Staff recommends indefinite postponement of the Resolution to allow additional review by the Affordable Housing Board. 32. Routine Easements. A. Deed of easement from SW Production Company and Front Range Lubrication, Inc., for a utility and drainage easement located on Tracts 1 and 2 of K-Mart Plaza. Monetary consideration: $0. B. Deed of easement from APC Limited, for a utility, grading, drainage, and access easement, located in the Centre for Advanced Technology PUD, 18th filing. Monetary consideration: $10. C. Deed of easement from Springer Investment Group, LLC, for an access, drainage and utility easement, located on Lot 3, Gateway at Harmony Road, PUD, Third filing. Monetary consideration: $10. D. Deed of easement from James Construction Company, for a temporary emergency access easement, located at the northeast corner of South Lemay Avenue and East Trilby Road. Monetary consideration: $10. 362 November 3, 1998 Items on Second Reading were read by title by City Clerk Wanda Krajicek. 8. Second Reading of Ordinance No. 184, 1998, Appropriating Federal Grant Revenue and Authorizing the Transfer of Appropriations Between Projects in the Transportation Services Fund for the Operation of the North Front Range Transportation & Air Quality Planning Council's 1998-1999 Metropolitan Planning Organization Administration Program Year. 9. Second Reading of Ordinance No. 185, 1998, Appropriating Unanticipated Revenue in the General Fund for the Community Mediation Program. 10. Second Reading of Ordinance No. 186. 1998, Authorizing the Issuance of Citv of Fort Collins, Colorado, Hi lg iwav Users Tax Revenue Refunding Bonds, Series 1998, Dated November 1, 1998, in the Aggregate Principal Amount of $3,395,000: for the Purpose of Refunding the City's Highway Users Tax Revenue Bonds, Series 1992, and Pledging the Revenue Distributed to the City from the State's Highway Users Tax Fund to Pay the Principal of and Interest on the Bonds. 11. Second Reading of Ordinance No. 187, 1998, Appropriating Unanticipated Revenue in the Flood Recovery Fund. 12. Second Reading of Ordinance No. 188, 1998, Amending Section 28-17 of the City Code Relating to When Authorized Emergency Vehicles are Required to Use Flashing Lights and Siren in Order to be Exempt From Certain Traffic Regulations as Provided in the "Model Traffic Code for Colorado Municipalities," 1977 Edition. 13. Second Reading of Ordinance No. 189, 1998, Amending Ordinances Previously pproving Development Impact Fee Rebates for Advanced Energy Industries, Inc., and Symbios Logic, Inc., to Eliminate Rebate of Building Permit and Plan Review Fees. 14. Second Reading of Ordinance No. 190, 1998, Designating the George Wolfer House and Garages, 1400 West Oak Street, as a Historic Landmark Pursuant to Chapter 14 of the City Code. 15. Second Reading of Ordinance No. 191,1998, Designating the Humphrey/Davis House, 231 South Howes Street, as a Historic Landmark Pursuant to Chapter 14 of the City Code. 16. Second Reading of Ordinance No. 192, 1998, Designating the Ralph House, 641 Remington Street, as a Historic Landmark Pursuant to Chapter 14 of the City Code. 17. Second Reading of Ordinance No. 193, 1998, Designating the Buildings, Structures and Land, known as the Preston Farm Historic District, 4605 South County Road 9, as a Historic Landmark Pursuant to Chapter 14 of the City Code. 363 November 3, 1998 18. Second Reading of Ordinance No. 194, 1998, Designating the Rush and Jean C. Locke House 719 East Prospect Road, as a Historic Landmark Pursuant to Chapter 14 of the City Code. Items on First Reading were read by title by City Clerk Wanda Krajicek. 19. First Reading of Ordinance No. 195, 1998, Appropriating Unanticipated Revenue in the General Fund for Police Services and Authorizing the Transfer of Appropriated Amounts Between Accounts and Proiects for the Larimer County Multi -Jurisdictional Drug Task Force. 20. First Reading of Ordinance No. 196,1998, Appropriating Prior Year Reserves in the General Employees' Retirement Fund. 21. First Reading of Ordinance No. 197, 1998, Authorizing a Mail Ballot Election for the April 6, 1999 Regular City Election. 22. First Reading of Ordinance No. 198, 1998, Amending Article IV of Chapter 2 of the City Code Pertaining to the Administrative Organization of the City, by Consolidating the Offices of Electric Utility Services and Water, Wastewater and Stormwater Utility Services. 23. First Reading of Ordinance No. 199, 1998, Amending Ordinance No. 46, 1981 as it Relates to the Legal Description of the Fort Collins, Colorado Downtown Development Authority_ 24. First Reading of Ordinance No. 200, 1998, Desi ng ating the Addie R. Debolt House, 630 Peterson Street, as a Historic Landmark Pursuant to Chapter 14 of the City Code. 25. First Reading of Ordinance No. 201,1998, Vacating Portions ofthe Rights-of-Wavfor Plum Street and Orchard Place Dedicated on the Ponderosa Park, Miller Lavland Subdivision, and Skyline Mobile Home Park Plats. 26. First Reading of Ordinance No. 202, 1998, Vacating Portions of the Right -of -Way for Redgate Court as Dedicated on the Gates at Woodridge PUD, Fourth Filing, 36. Hearing and First Reading of Ordinance No. 203, 1998, Adopting and Determining the Effective Date of the District -Precinct Map for the 1999 Regular Municipal Election. 364 November 3, 1998 42, Emergency Ordinance No. 209,1998, Amending Section 2-247 of the City Code Pertaining to the Manner of Appointment of Commissioners of the Fort Collins Housing Authority; Providiniz that the Members of the City Council Shall Ex Officio Be Appointed as Commissioners of the Authority: Authorizing the Services of the City Manager as an Officer Or Employee of the Housing Authority: and Authorizing the Provision of Legal Services and Other City Services to the Authority. Councilmember Smith made a motion, seconded by Councilmember Wanner, to adopt and approve all items on the Consent Calendar. The vote on the motion was as follows: Yeas: Councilmembers Azari, Bertschy, Byrne, Kneeland, Mason, Smith and Wanner. Nays: None. THE MOTION CARRIED. Staff Reports City Manager Fischbach announced that the budget document has received the Distinguished Budget Presentation Award and a unanimous rating of "Outstanding" as a policy document. Mayor Azari thanked the Budget Office staff for its work on the budgeting process. Councilmember Reports Councilmember Smith reported on the Utility and Technology Committee discussions concerning the Lync-Star proposal for cable service to areas within the City. Councilmember Smith encouraged people to vote in today's election Councilmember Byrne reported on the World Oil Forum held in Denver and spoke concerning energy availability, global warming, and reliance on fossil fuels. Councilmember Smith reported that the Youth Advisory Board will be discussing sending youths to the National League of Cities Youth Track Program in Kansas City and noted that the Youth Advisory Board will be conducting interviews on November 4. He outlined the process for youths to apply to attend the program. Councilmember Mason reported on the community separator study results published by the communities of Fort Collins, Berthoud, Greeley, Loveland, Milliken, and Windsor. Mayor Azari spoke concerning American Education Week and International Week activities and events. 365 November 3, 1998 Ordinance No. 203,1998 Adopting and Determining the Effective Date of the District -Precinct Map for the 1999 Regular Municipal Election, Adopted on First Reading The following is staff s memorandum on this item. "Executive Summary This Ordinance adopts the District -Precinct Map for the 1999 regular municipal election for the purposes of (1) determining the eligibilityforDistrict Council offices for the April6, 1999 election; (2) determining eligibilityfor any interim appointments to fill any District Council vacancies which may occur after November 27, 1998 and before adoption of a District -Precinct map for the 2001 regular municipal election; and (3) determining residency for voting in any special municipal election conducted after November 27, 1998, except for any special municipal election held in conjunction with a Larimer County Consolidated or General Election. BACKGROUND: Pursuant to Article II, Section 1 of the City Charter, no later than 180 days before each regular biennial election (October 8, 1998), the City Clerk shall determine if the number of registered electors in the District containing the lowest number of registered electors is less than 85% of the number of registered electors in the District containing the highest number of registered electors. Ifso, the City Clerk shall recommend to the Council changes to the District boundaries, which shall be established by ordinance at least 120 days before the election (December 7, 1998). This formula for determining District boundaries was approved by the voters at the Apri18, 1997 election. As of September 24,1998, there are 79,870 registered City voters. District 3 has the highest number with 15,414 voters, while District 2 has the lowest number with 12,022, or 77.99% of the voters in District 3. These figures indicate that an adjustment of District boundaries is needed. In order to adjust the District boundaries to meet the formula described above, only one precinct will need to be moved. By moving Precinct 41 (County Precinct 5915), which currently contains 606 registered voters, from District 3 (the highest) to District 2 (the lowest), District 2 (which will still be lowest) will have 12,628 voters, or 85.28%ofthe number of voters in the highest district, District 3 (14, 808). The following table shows, by District, the number of registered electors for the April 1997 election (provided for thepurpose ofgrowth comparison), the number of registered electors as of September 24, 1998, and the number of registered electors following the boundary adjustment recommended by the City Clerk. 366 November 3, 1998 April 1997 Sept 1998 Following Adjustment District 1 12,036 13,194 13,194 District 2 10,927 12,022 12,628 District 3 12,634 15,414 14,808 District 4 12,195 13,579 13,579 District 5 11,798 12,937 12,937 District 6 11,609 12,724 12, 724 TOTALS 71,199 79,870 79,870 Achieving the desired ratio between districts by moving only Precinct 41 causes minimal impact to the registered voters of Fort Collins: (1) The registered electors in Precinct 41 chose a District 3 representative in 199 7, and will choose a representativeforDistrict 2 in 1999. (Otherprecinct moves could have caused a 6-year gap for voter selection of a District representative.) (2) The adjustment affects a minimal number of voters (606). (3) The minimal number of affected voters allows for individual notification of the change (if adopted). (4) The adjustment straightens the eastern-mostportion ofthe boundary between Districts 2 and 3. As required by Section 7-87 of the City Code, notice of the date, time and place of Council's consideration of this redistricting ordinance was published 14 days and 10 days before First Reading (October 18 and 22, 1998). No comments were received in the City Clerk's Office. Attached is a Proposed District -Precinct map showing the recommended District boundaries with Precinct 41 circled, as well as lists ofprecincts/registered voters within each District if the proposed map is adopted. " City Clerk Krajicek stated that this Ordinance would adopt the District -Precinct map for the 1999 regular municipal election and summarized the relatively minor changes made to the District boundaries. The proposal has been reviewed and recommended by the Council Governance Committee. 367 November 3, 1998 Councilmember Smith asked about the portion of District 2 west of the railroad tracks. Krajicek explained that Council District boundaries can not divide a County precinct and that moving that parcel would disenfranchise voters in that area for two elections. Councilmember Bertschy noted that the new map reflects the areas of growth in the City and commented that changes will be necessary in the future. He suggested a potential need to look at expanding the size of the Council at some point in the future to keep representation at a manageable level. Councilmember Bertschy made a motion, seconded by Councilmember Smith, to adopt Ordinance No. 203, 1998 on First Reading. Councilmember Smith commented on the need for voters to make voter registration address changes when they move. Councilmember Byme noted that there is an enclave surrounded by District 4 that maybe eligible for annexation soon. The vote on Councilmember Bertschy's motion was as follows: Yeas: Councilmembers Azari, Bertschy, Byrne, Kneeland, Mason, Smith and Wanner. Nays: None. THE MOTION CARRIED. Emergency Ordinance No. 209,1998, Amending Section 2-247 of the City Code Pertaining to the Manner of Appointment of Commissioners of the Fort Collins Housing Authority; Providing that the Members of the City Council Shall Ex Officio Be Appointed as Commissioners of the Authority; Authorizing the Services of the City Manager as an Officer Or Employee of the Housing Authority; and Authorizing the Provision of Legal Services and Other City Services to the Authority. Adopted as Amended The following is staff s memorandum on this item. "Executive Summary The proposed emergency ordinance would: change the method of appointment of the Board of Commissioners of the Fort Collins Housing Authority; appoint the City Council ex offcio as the Board of Commissioners of the Authority; authorize the City Manager to serve as an officer and employee of the Housing Authority and authorize the provision of legal services and other City services to the Authority. c9M November 3, 1998 If the emergency ordinance is approved by the Council, a resolution would then be presented to the Council in its capacity as the Board of Commissioners ofthe Authority. The resolution, if adopted, would appoint the City Manager to serve as acting executive director ofthe Housing Authority and secretary to the Board of Commissioners. These actions are being recommended in order to stabilize the management and operation of the Housing Authorityfor a period of time and are considered necessary because of a recent judgment in a federal district court case whichpresents substantial unanticipated issues and challenges which may affect the ongoing operation and administration of the Housing Authority. BACKGROUND: Last fall, a civil action was filed against the Housing Authority, its executive director (who also serves by statute as secretary to the Board of Commissioners of the Authority) and several commissioners of the Authority. The civil action was filed by a former employee of the Authority based upon the termination of her employment. The case was recently tried and at the conclusion of the trial, the jury awarded damages against the Authority, the executive director and one of the commissioners on various theories. The total amount of the damages awarded approached two million dollars. The outcome of this case has presented some extraordinary issues and challenges for the Housing Authority. The plaintiff's attempts to execute the judgment will call for immediate attention to the legal and financial issues involved in protecting the assets of the Authority. Additionally, the executive director is currently on administrative leave, and there is a pressing need for stabilization of the management and operation of the Authority. Finally, two of the five commissioners of the Authority resigned their positions shortly after the verdict was rendered, and the three remaining commissioners are faced with the proposition of dealing with extraordinary circumstances which would consume considerably more time and energy than was anticipated at the time of their appointment. The Housing and Urban Development Authority, which funds many of the programs and projects ofthe HousingAuthority, has also expressed concerns about the manner in which these various issues will be addressed. Given these circumstances, a number of immediate decisions must be made in order to protect the interests of the Housing Authority tenants and preserve the City's programs for the provision of affordable housing in the community. In response to this situation, the City Manager is recommending that the City become immediately involved in overseeing the operations ofthe Housing Authority on a temporary basis. Toward that end, an emergency ordinance is being presented for Council's consideration. The ordinance, if adopted by the Council, would: • amend the City Code so as to change the manner in which commissioners of the Housing Authority may be appointed, • provide that the members ofthe City Council shall ex off cio be appointed as commissioners of the Authority, 369 November 3, 1998 • authorize the services of the City Manager and other City employees to be provided to the Authority, • authorize the provision of legal services and other City services to the Authority by the City Attorney's office. Adoption of the emergency ordinance would require the affirmative vote of at lease five Council members. If the Council does adopt the emergency ordinance, it would then be asked to consider, in its capacity as the new Board of Commissioners of the Housing Authority, the proposed resolution. This resolution would appoint the City Manager to serve as acting executive director and secretary of the Board until such time, if at all, that the current executive director resumes that position. Both the ordinance and the resolution provide that, no later than six (6) months from the date of their adoption, the Council would consider whether to continue in effect the actions taken by adoption of the ordinance and resolution. " City Manager Fischbach stated that this Ordinance has been revised to continue to have community advisers appointed by the Council and to clarify that the Mayor Pro Tern is to serve as Vice -Chair. City Attorney Roy presented background concerning the proposed Ordinance and explained why it is presented as an Emergency Ordinance, which requires the affirmative vote of at least five Councilmembers. He reviewed the key provisions of the Ordinance and read revised Section 1 of the Ordinance making amendments to Section 2-247 of the Code. Councilmember Smith commented that ifthe Ordinance is to be reviewed six months after adoption, the review date would be in April about the time of the election. City Attorney Roy stated that Council could choose to review the matter earlier than the six month deadline. Councilmember Smith asked how the two-year terms for the two community advisers would work with the six-month Council review and suggested it might be preferable to make the terms the same duration as the review period. He clarified that the current community advisers are the same individuals being appointed. Councilmember W anner made a motion, seconded by Councilmember Bertschy, to adopt Emergency Ordinance No. 209, 1998 with an amendment to Section 6 to conduct a review no later than eight months. The vote on the motion was as follows: Yeas: Councilmembers Azari, Bertschy, Byrne, Kneeland, Mason, Smith and Wanner. Nays: None. THE MOTION CARRIED. 370 November 3, 1998 ITEMS RELATING TO THE 1999 BUDGET BUDGET CONSENT ITEMS 39. First Readine of Ordinance No. 204. 1998 Amending Chanter 26 of the City Code Relating to User Rates and Charges for Water and Wastewater Utilities This Ordinance increases water rates by 6% and wastewater rates by 2% for all customer classes within City limits. The rate changes are as originally projected in the 1998-1999 Biennial Budget and are necessary to fund capital projects identified in the Water Treatment Facilities Master Plan and increases in water and wastewater operations and maintenance costs. If the Ordinance is adopted, beginning on January 1, 1999, an average single family metered customer (average use of 12,600 gal. /mo. and 5,600 gal. /mo. winter quarter) will pay an additional $1.58 a month for water and $0.33 for wastewater. The charges to other customer classes within the City limits will also increase 6% for water and 2% for wastewater. Rates outside the city limits, which are higher than those within the city, will not change. 40. First Reading of Ordinance No. 205, 1998, Amending the Code of the City of Fort Collins to Adjust the Capital Improvement Expansion and Neighborhood Parkland Fees for Increases to Reflect Inflation. Based on the Denver -Boulder Consumer Price Index In May of 1996, Council adopted Ordinance No. 51, 1996, which established capital improvement expansion fees for Library, Community Parkland, Police, Fire, and General Government services. The purpose of the fees is to have new development pay a proportionate share of the capital improvements and equipment that will be necessary to provide services to the development. The Code provisions approved by the Ordinance provide for the annual adjustment of the fees to keep up with inflation, using the Denver - Boulder (now Denver -Boulder -Greeley) Consumer Price Index. The City has imposed a Parkland Fee for neighborhood parks since 1968. In August of 1996, Council adopted Ordinance No. 105, 1996, which conformed the Neighborhood Parkland Fee to the housing size differentials in the Capital Improvement Expansion Fee ordinance, and updated the fee schedule to reflect pre-1996 inflation. The Neighborhood Parkland fees were adjusted for inflation last October along with the Capital Improvement Expansion Fees. Based on the Denver -Boulder -Greeley Consume Price Index for all urban consumers, the inflation level since the last annual adjustment is an increase of 2.16%. This Ordinance adjusts the fee schedules in Chapter 7.5 and Chapter 23 of the Code to this level of inflation. All amounts have been rounded to the nearest dollar. 371 November 3, 1998 41. Resolution 98-152 Adopting a Revenue Allocation Formula to Define the City of Fort Collins' Contribution to the Poudre Fire Authority Budget for the Year 1999 for Qperations and Maintenance. In December 1981, the Council entered into an agreement with the Poudre Valley Fire Protection District, creating the Poudre Fire Authority. According to the Intergovernmental Agreement between the City of Fort Collins and the Poudre Valley Fire Protection District, the City will contribute funding for maintenance and operating costs to the Authority based on a "Revenue Allocation Formula" ("RAF"). The RAF is to be set annually based upon a percentage of sales and use tax revenues (excluding dedicated sales and use tax revenues that must be spent on specific projects) and a portion of the operating mill levy of the City's property tax. Article X, Section 20 of the State Constitution limits the rate of growth to a combination of the Denver -Boulder Consumer Price Index and additions to the local property tax base primarily due to construction and annexation. Although voters passed a ballot measure in November, 1997 allowing the City to retain excess revenues over the growth limits imposed by Article X, Section 20, the RAF is still reviewed annually and proportionately reduced, if necessary, if City revenues exceed the estimated annual percentage increase in revenues that the City would be permitted to retain under Article X, Section 20. As in past years, the City will calculate the RAF at a sum equal to .303 of one cent of the 2.25 cent sales and use tax applicable to all taxable sales and uses plus 67.09% of the property tax available for operations. This amount will be proportionately reduced, if necessary, if City revenues exceed estimated annual percentage increase in revenues that the City would be permitted to retain under Article X, Section 20 of the State Constitution. The City's 1999 contribution to the Poudre Fire Authority for operations and maintenance, in the amount of $8,910,489, has been calculated and proportionately reduced in this manner. 42. Items Relating to the 1999 Downtown Development Authority Budget A. First Reading of Ordinance No. 206, 1998, Appropriating Operating Funds and Approving the Budget of the Downtown Development Authority for the Fiscal Year Beginning January 1, 1999, and Fixing the Mill Levy for the Downtown Development Authority for 1999. The Downtown Development Authority (the "DDA") adopted the proposed DDA budget for 1999, totaling $290,675, and determined the mill levy necessary to provide for payment of all properly authorized expenditures incurred by the District, at its regular meeting of September 3, 1998. 372 November 3, 1998 B. First Reading of Ordinance No. 207,1998, Appropriating Revenue in the Downtown Development Authority Debt Service Fund for Payment of Debt Service for the Year 1999. This Ordinance appropriates funds for the payment ofDDA debt service for 1999, as adopted by the DDA Board on September 3, 1998. Included in this Ordinance is a recommended appropriation of $100,000 to be used for debt service obligations incurred by the DDA for the facade acquisition and sidewalk improvement program. City staff is recommending the Council appropriate an additional $300,000, in the DDA Debt Service Fund budget approved by the DDA Board. This additional appropriation represents the DDA's share of the annual payment on the certificates of participation used to finance the Civic Center Parking Structure. According to agreements between the City, the County, and the DDA, each party will be responsible for one-third of the lease payments attributable to the parking structure for the period 1999 - 2006. After 2006, when the DDA sunsets, the City and County will equally share in the DDA's commitment through 2016. On May 17, 1988, Council adopted Ordinance No. 95, 1987 authorizing the issuance of tax increment bonds, pledging tax increment revenues to debt retirement, and requiring payment toward that debt retirement on a scheduled basis over the life of the bonds. The Charter requires that all funds which pass through City accounts be appropriated by Council. The tax increment revenue to be appropriated flows directly into the debt service account. Items on First Reading were read by title by City Clerk Wanda Krajicek 39. First Readins of Ordinance No. 204, 1998, Amending Chapter 26 of the City Code Relating to User Rates and Charges for Water and Wastewater Utilities 40. First Readine of Ordinance No. 205, 1998, Amending the Code of the City of Fort Collins to Adjust the Capital improvement Expansion and Neighborhood Parkland Fees for Increases to Reflect Inflation Based on the Denver -Boulder Consumer Price Index Councilmember Mason requested that item #42Items Relating to the 1999 Downtown Development Authority Budget be withdrawn from the Budget Consent Calendar. Councilmember Mason made a motion, seconded by Councilmember Wanner, to adopt and approve all items not withdrawn from the Budget Consent Calendar. The vote on the motion was as follows: Yeas: Councilmembers Azari, Bertschy, Byrne, Kneeland, Mason, Smith and Wanner. Nays: None. NUNS 11KORKOYAR-141-Vic 373 November 3, 1998 Ordinance No. 208, 1998 Being the Annual Appropriation Ordinance Relating to the Annual Appropriations for the Fiscal Year 1999 and Amending the Budget for the Fiscal Year Beginning January 1, 1999, and Ending December 31,1999, and Fixing the Mill Levy for Fiscal Year 1999 Postponed to November 10 The following is staff s memorandum on this item. "Financial Impact This Ordinance represents the annual appropriation for 1999, and amends the total City Budget for 1999 at $337,984,621. This also appropriates the Firefzghters'Pension Fund of $2,441,126 for 1999, and sets the City mill levy at 9.797 mills for 1999 which is unchanged from the previous levy. Executive Summary This Ordinance amends the 1999 Budget in the amount of $337, 984, 621 for the City of Fort Collins and $2,441,126 in 1999 for the Firefighters' Pension Fund. The Net City Budget which excludes internal transfers between funds and Firefighters' Pension is $243, 676, 043 for 1999. The Net City Budget is allocated to: Adopted Amended 1999 1999 Operations $175,053,906 $182,126,930 Debt Service $ 5,502,818 $ 5,502,818 Capital $ 55,321,315 $ 56,046,295 This Ordinance also sets the 1999 City mill levy at 9.797 mills, unchanged from 1998. The levy distribution is as follows: General Fund 8.717 Parks Debt Service 1.080 The General Fund will contribute 67.09% ofthe operatingproperty taxgenerated by the 8.717 mills to Poudre Fire Authority in accordance with the adopted Revenue Allocation Formula, or a lesser amount as may be imposed by the growth limits associated with Article X, Section 20, of the State Constitution. In addition, the property tax generated by one mill will be contributed by the General Fund to PFA for capital use. 374 November 3, 1998 BACKGROUND: City Council adopted the 1998 and 1999 Biennial Budget and appropriated monies for expenditure in fiscal year 1998. Council is required by the State and by the City Charter to adopt an annual appropriation for the ensuing fiscal year (1999) based on the adopted budget. Because the City adopted a two-year budget plan, it was anticipated that some changes or exceptions to the 1999 budget plan would be necessary. In March of this year, the Finance Committee reviewed and concurred with the process and the criteria for considering amendments to the 1999 budget plan. The criteria were: ✓ Needs and adjustments related to current services that, without adjustment, will significantly impair the provision of that service ✓ Those specifically directed by the City Council/City Manager ✓ New programs or enhanced services requested by the community The Finance Committee and the Council, at its September 22, 1998 Study Session reviewed the recommended amendments to the adopted 1999 budget plan. No changes to the recommended amendments were suggested. From the review by the Finance Committee and at the Council Study Session, the amended 1999 Annual City Budget represented by this Ordinance is presented to Council for its consideration and adoption. Final adoption is scheduled for November 17. Changes to the 1999 CiV Manager's Budget Service Areas submitted a number of items to be considered for adjustments to the 1999 budgetplan. The requests for adjustment totaled $3,436,894 in ongoing and $2,283,484 for one-time dollars. Of these total amounts, the requests for budget adjustments to the 1999 General Fund budget amount to $1,606,889 ongoing and $1,482,727for one-time dollars. The Transportation Services Fund requested $366, 328 in ongoing, the Transit Services Fund requested $110, 000 in ongoing and $800, 757 in one-time adjustments. The Light and Power Fund requested an ongoing adjustment of $1, 353, 677. After reviewing these requests in relation to the criteria and in relation to the long-range projected revenues and expenditures, the City Manager is recommending only a few amendments to the 1999 General Fund budget plan, together with the amendments requested by the Transportation Fund, Transit Fund, and the Light and Power Fund. The recommended amendments are: Ongoing One -Time a. Street Oversizing $ 300, 000 b. Contractual Engineers for Development Review (2.0) $ 100,496 c. School Resource Officers $ 76,724 375 November 3, 1998 d. Police Dispatchers (2.0) $ 123,688 $ 39,800 e. Clerical Support for Building & Zoning (50) $ 19,136 f. Contractual Plans Analyst for Development Review (1.0) $ 45,000 g. Emergency Management Staffing $ 37,500 h. Assistant City Attorney (50) $ 22,392 I. Municipal Court Supervisor* $ 30,783 j. Library: move technical services from Main Library to offsite location $ 50,000 $ 2,750 k. Light & Power: Purchase Power $1, 353, 677 1. SmartTrips $ 366,328 m. Transfort/Dial-a-Ride $ 110.000 $ 800,757 TOTAL $ 2,113, 504 $1, 365, 527 * Funding for this position will be supported out of Camera Radar revenues. Package Descriptions a. Street Oversizing - ($300, 000 one-time/Sales & Use Tax Fund -Use Tax Carryover reserve) -in March, 1998, modifications to the Street Oversizing Fee Program were adopted by City Council. The increase in the General Fund commitment was included in the recommended modifications to the Street OversizingFee Program. The current General Fund contribution to Street Oversizing is $200, 000 per year. The modifications that were adopted by Council included increasing the General Fund contribution by $300, 000 for a total commitment of $500, 000 per year. The recommended adjustment is use of one-time dollars for 1999 and ongoing dollars for 2000 and ensuing years. b. Contractual Engineers for Development Review - ($100, 496 one-time/General Fund) - two full-time contractual civil engineering positions were included in the 1998 budget. The present workload for the current staff of five (5) engineers who review development proposals (and this includes the two contractual positions) is approximately 130 projects - this is roughly 26 projects per engineer. The average project load should be 25-30 projects per engineer to be efficient and available for customer service and meetings. It is anticipated that the workload will continue at present levels. Consequently, these two contractual positions need to be continued in 1999 to maintain present levels of efficiency. C. School Resource Officers (SRO) - ($76,724 one-time/General Fund) - the Poudre School District (PSD) has asked Fort Collins Police Services to expand the current School Resource Officer program to include three officers for the six junior high schools (Blevins, Boltz, Lesher, Preston, Webber, and Lincoln) and one officer dedicated to Mountain View School on LaPorte Avenue. In order to be able to accommodate this request, an additional sergeant will be added to supervise the Youth Services Unit. PSD has agreed to finance the majority of the cost of four officers. For first year program costs, PSD will provide $150, 000 on January1, 1999 followed by an annual contribution on September 15, 1999 of$297, 740plus 376 November 3, 1998 a school finance act increase for each future year. In addition, Police Services has been awarded a grant totaling $375,000 from the U.S. Department of Justice under the COPS UNIVERSAL program (Clinton Cops Program). This grant is in effect for three years and will provide partial funding ($25,000 per officer per year) for four additional school resource police officers and one Youth Services sergeant. The General Fund will provide $76, 724 for the first year. The funds from PSD and the COPS UNIVERSAL grant will be appropriated along with the General Fund amount in the 1999 budget appropriation. No additional General Fund monies will be needed in years two and three. Once the grant funds have been depleted the General Fund will finance the cost of the sergeant and remaining SRO's cost of approximately $130, 000 beginning in 2001. d. Police Dispatchers - ($123, 688 ongoing/General Fund; $39, 800 one-time/General Fund) - to eliminate under staffing and begin to operate at a level approaching an adequate level of efficiency, two additional dispatchers were hired in 1998. While resources cannot be provided to staff the dispatch/communications center to the level that all possible contingencies could be comfortably handled, staffing must occur at a level that ensures the ability to properly handle likely emergencies. Therefore, in 1998, two dispatchers were hired with anticipated savingsfrom vacancies in personal services (resources earmarked for employee compensation) of the Police Services budget. Because this is a continuing obligation, ongoing funding is being recommended as an adjustment to the 1999 budget. e. Clerical Support for Building and Zoning Services - ($19,136 ongoing/General Fund) - this is to increase the Building and Zoning department 's currently authorized half-time (50 FTE) secretarial position to full-time (1.0) status. This high priority need has appeared in the Service Area (Community Planning and Environmental Services) budget request for the past three budget cycles. To keep up with the workload, the department has hired temporary clerical assistance. Resources for the temporary position had come from setting other improvements aside, e.g., the document conversion project. However, the turnover in this position has been high -four vacancies within one year, primarily because ofthe temporary nature of the job as well as the uncertainty of the funding from one year to the next. f. Contractual PlansAnalvstforDevelopmentReview-($45,OOOone-time/General Fund) -this is a continuation of a Plans Analyst contractual position in the Building and Zoning department. This position was funded in the 1998 budget to address the rising workload to review plans before a building permit is issued. The position is also used to augment the field inspection staff in times of heavy workloads and inspector absences. Building permit activity -plans reviewed, permits issued, and inspections performed - continue to increase. g. EmergenaManaeementStaffine-($37,500ongoing/GeneralFund)-the City has supported a moderate Emergency Management Program for a number of years. With the flood last year and the emerging needs to find ways to improve the ways in which our community can prepare for and respond to a variety of emergency situations, the City and Poudre Fire Authority have aggressively pursued and secured federal grant monies to upgrade our notification procedures and better prepare the entire community to successfully deal with 377 November 3, 1998 emergencies that will undoubtedly occur. These General Fund resources ($37,500) will be added along with additional resources from Utilities and transferred to the Poudre Fire Authority to provide the necessary staffing to carry out the grant activities to which the City is now committed and to provide training and support that will enable staff to continue to improve its capabilities for emergency response. h. Assistant CityAttorney - ($22, 932 ongoing/General Fund) -The City Attorney has proposed to reconfigure a part-time contractual position that has served as a Municipal Court Prosecutor to a three-quarter time (75 FTE) position as an Assistant City Attorney. The funding requested is to bridge the gap between the resources that are currently budgeted for the part-time position and to bring funding up to a level equivalent to a three-quarter time Assistant City Attorney position. Municipal Court Supervisor - ($30,783) ongoing/General Fund - Camera Radar) - the Municipal Judge relinquished a half-time (50 FTE) Administrative Clerkposition which was vacant, and reallocated those resources to the position of Municipal Court Supervisor. Because a majority of the work performed by the Court Supervisor is related to the Camera Radar program, resources from this program are recommended to be used to round out the funding for this position. Camera radar funds which cover this item have already been appropriated in August 1998 by adoption of Ordinance No. 132, 1998. Library: Move Technical Services from the Main Library to an O{fsite Location - ($50, 000 ongoing/General Fund; $2,750 one-time/General Fund) - moving technical services offsite would free space for public uses and provide the necessary room for staff to process the volume of acquisitions which has increased with the opening of the Harmony Library. In order toprocess acquisitions more efficiently and to cut down on work related injuries, more space is needed. There is noway to expand Technical Services in the Main Library without taking space away from the public. The City needs to rent at least 3, 000 square feet close to the Main Library for Technical Services. k. Light & Power Fund/Purchase Power - ($1,353,677 ongoing/Light & Power Fund) - this budget adjustment is necessary because of the unanticipated increase in Purchase Power required to pay Platte River Power Authority for the additional energy requirements for Hewlett-Packard and Celestica. The expense will be offset through the electric utility revenues collected from these customers. SmartTrips - ($92, 000 ongoing/Congestion Mitigation Air Quality; $274,328 ongoing/Small Urban Allocation of Federal dollars) - additional revenues from federal transportation dollars has been approved by the North Front Range Metropolitan Planning Organization (MPO) in the amount of $366,328. The $366,328 along with other funding will be used to effectively implement the adopted North Front Range Transportation Demand Management Plan and reach the City's mode shift targets; carpooling, van pooling, telecommuting, and working with transportation representatives of businesses. 378 November 3, 1998 in. Trans%rt/Dial-a-Ride-($110,000 ongoing/CSUStudentFees; $625,000one-time/Colorado Coalition Grant (Federal TransitAdministration); $175,757one-time/Colorado Department of Transportation) - this adjustment is necessary to account for grants and other revenue. The City will participate in the Colorado Coalition grant request for fiscal year 1999 with a request for $625, 000 from the Federal Transit Administration. These funds will be used to buy new buses for expanded service and for improvements to bus transit centers. Matching funds of $156,250 will be provided from capital reserves. Colorado State University students passed a referendum in April to increase student fees by $2.75 per semester in order to fund night transit service when CSU is in session. This service will be provided seven nights a week and is open to the general public as well. It is anticipated that the additional fees will generate approximately $110.000 per year in additional revenue. In 1998, the City, through Transfort, agreed to administer the grant from the Colorado Department of Transportation for rural service in Larimer County. The funds are passed through to participating agencies. Funds are also provided for administration ofthe grant. The projected amount of the grant is $96, 000 with $79, 757 provided by matching funds from participating agencies for a total of $175,757. 1999 Employee Compensation 1999Employee Compensation - ($1,158,541; $879,141 Productivity Savings Reserve; $279,400 Use Tax Carryover Reserve) - The implementation of the 1998-1999 Pay Plan included a phase -in of costs over atwoyearperiod. However, duringpreparationfor implementation, several issues were raised dealing with the fairness of a phase -in as well as the fact that there will be a significant increase in medical benefits costs next year. Those employees at the top of the old pay range expected that they should be moved to the top of the new range since they were performing duties consistent with the requirements of the top of the range. Likewise, those employees within the old pay range expected to be moved proportionately within the new range, consistent with their duties and responsibilities. The second issue of the increase in medical benefits costs was identified in mid - October by the consultant to the Benefits Fund. The consultant recommended that because ofrising medical costs and because ofminimal increases in the amounts allocated for medical benefits over the past several years, a 20% increase to the employer share of the medical portion is required along with an increase for the employee share. These appropriations of $879,141 from the General Fund departmental Productivity Savings Reserve and $279, 400 from the Use Tax Carryover reserve in the Sales and Use Tax Fund are the additional amounts needed to address the issues of fairness and the increase in medical benefits costs. These additional funds along with amounts already included in the 1999 adopted budget will fully address the issues. Those amounts already in the 1999 adopted budget are $378,139 (included in the adopted 1999 budget for inflationary adjustments to non personal services costs), $1, 563, 320 (included in the 1999 adopted budget for personal services), and $100, 000 (included in the 1999 budget for the Street Oversizing Fee Exemption Program which was suspended by Council for an indefinite period). The total will be pooled in the General Fund and distributed during the fiscal year. At that time, an appropriation ordinance will bepresented to Council that will transfer monies to those funds that have employees subsidized by the General Fund. 379 November 3, 1998 Staff believes that this is the fairest method to implement the Pay Plan and to address the increased medical costs to the City's General Fund. This is why we are proposing to take 100% of the productivity savings on the books as of the end of 1997 less any appropriations from productivity savings thus far in 1998 ($879,141) which means we only need $279, 400 ofadditional General Fund support from the Use Tax Carryover Reserve. The staff believes that, although it will be more difficult in preparing the 2000-2001 budget, the staff will be able to present a balanced budget for the City Council. 1997 Revenue Retention ($331,026 - one-time/Sales & Use Tax Fund- Use Tax Carryover Reserve) In 199Z voters approved an amendment to the Colorado Constitution (Amendment 1) that places limits on revenue and expenditures ofstate and all local governments and agencies. Even though the limit is placed on both revenue and expenditures, in practice the limit most directly impacts revenue collections. Growth in revenue is limited to the percentage increase in the Denver -Boulder Consumer Price Index plus the percentage increase in local growth (new construction and annexation). This combined percentage is added to the preceding year's revenue base, giving the dollar limit allowed for revenue collection in the ensuing year. In November 1997, Fort Collins' voters approved a ballot measure that allows the City to retain revenues that exceed the imposed growth limit. The measure was effective for 1996 and ensuing years. The approved measure also specified that any retained revenue over the growth limit must be used for certain designated purposes. ✓ Public health and safety (including, but not limited to, environmental monitoring and mitigation) ✓ Transportation ✓ Growth management ✓ Maintenance and repair of public facilities In 1997, revenue exceeded the growth limit by $331,026. Of the $331,026, $262,789 was from General Fund general revenues and $68,237 was from fees or other restricted revenue. The $262, 789 must be used for projects within the four specified purposes approved by the voters. The $68, 237 is further restricted in that use of those funds must be for the purpose for which they were collected, in addition to the requirement that they be used for the designated purposes in accordance with the voter approved ballot measure. The $331,026 is held in reserve within the funds in which the revenue was collected and accounted for. The City Manager recommends that for 1997 revenue that exceeded the growth limit, Council substitute General Fund general revenues held in reserve for the $68,237 collected from fees or other restricted revenue. Substituting general revenues would allow the total $331,026 to be allocated for transportation uses and used for the following purposes in 1999. November 3, 1998 Local match for Transportation Plannine projects ($60 000) - These funds will provide the Fort Collins share of participation in the Metropolitan Planning Organization (MPO) for 1999. The funds are needed to provide the City's portion of local matching funds for various projects and plans. As a general rule, the local share is 18% with the remainder provided by state and federal funds. For some projects, the local portion is split with other members of the MPO. On other projects, such as the Harmony Bikelane project, Fort Collins provides all of the local matching funds. About $40, 000 of this request is for the Harmony Bikelane project. The total for all projects and plans that will be matched by this request is about $374, 000, with the City's share being $62, 785. This effectively leverages city participation at a rate of] 7% local funds and 83% state and federal funds. Examples of other projects that will be funded include general MPO support (administration, member assistance, planning), the North Front Range Transportation Alternatives Feasibility Study, the I-25/Hwy 14 interchange study, and Regional Urban Street Standards, among others. A detailed list of all the projects and plans is contained in the MPO Unified Planning Work Program and the Regional 2020 Transportation Plan. Pavement Management ($271.026) - The Pavement Management Program has the largest unfunded need ofall the maintenance needs identified in transportation, with a deficit in 1998 of$1,275,000. This program provides regular refurbishment and maintenance of pavement throughout the city, including patching, crack sealing and pavement overlays. Specific pavement projects are determined on a priority basis by Engineering staff with the assistance ofa computerized pavement management program. Housekeeping Budget Adjustments There are a number of adjustments to the 1999 budget plan that are necessary to transfer and appropriate funds for 1999 uses. The adjustments adjust or redirect where the monies were placed in the adopted 1999 budget plan to the purpose originally planned or accounts for revenue to be received as a result of Council action in 1998. These are in addition to those adjustments addressed above. ✓ Once BuildingLease/Purchase Payment -funds were set aside in 1997, 1998, and 1999 for the annual lease/purchase payment for the new office building. The total amount set aside and included in the 1999 budget is approximately $900, 000. Original estimates called for payment to begin in 2000 so, rather than have the dollars that were set aside not being used, the monies were included for various one-time projects such as major building maintenance and Facilities Master Plan activities in the 1999 budget. However, because ofthe timing of thefinancepackageforthe office building and theparkingstructure, $660,078 is neededfor a payment in 1999 and the dollars will be redirected from uses included in the 1999 budget plan. The full $900, 000 ongoing for the lease/purchase payment will be allocated in 2000. 381 November 3, 1998 ✓ Parking Structure Lease/Purchase Payment - $300, 000 was included in the 1999 General Fund budget. In addition, $300,000 is to be received from the Downtown Development Authority (DDA) in 1999 but was not included in the 1999 budget. An adjustment is needed to appropriate the $300, 000 from DDA for the 1999 parking structure payment. ✓ Parking Structure Operation and Maintenance - dollars were included in the 1999 General Fund budget to be used for the operation and maintenance of the parking structure for a partial year. An adjustment to the 1999 budget is needed to transfer $17,541 from the General Fund to the Transportation Fund and appropriate the use of those dollars. ✓ EEc uipment Loan Funds - these funds allow General Fund departments to borrow from an equipment loan pool to "bridge" the period of time between when the equipment is needed and the next available lease/purchase package. These funds lapse or are held in the Council approved reserve Designated for Equipment Loans. Amounts held in this reserve are appropriated each year for use and any unused balance lapses back into the reserve. The amount that would be available for 1999 was unknown at the time the biennial budget was adopted and therefore, not included in the 1999 budget plan. This adjustment is needed to appropriate $600, 000 from the Equipment Loan Reserve for use in 1999. ✓ Corporate Graphic Position - in order to provide organization -wide graphic services, a graphics position was transferred in 1998 from the Transportation Fund to the General Fund. The position in the Transportation Fund was supported by the General Fund. This adjustment is needed to reduce the transfer from the General Fund to the Transportation Fund by $39,854. Appropriations have been reduced in the Transportation Services Fund by the same amount. ✓ Street Oversizinz - Council adopted modifications to the Street Oversizing Fee Program in March 1998. The fee revenue expected from the modifications was not included in the 1999 budget plan. This adjustment of $730, 000 is needed to account for the anticipated revenue from the Fee Program. ✓ Sales and Use Tax Fund - Sales tax collections for 1999 have been revised based on the latest 1998 estimated collections. The adopted 1998 budget estimated a 6.6% increase over 1997 collections. Based on 1998 collections through September, the projected increase in collections has been revised to 9.2%. The 1999 estimated sales tax collections has been revised downward from 6.7% to 5.5% but, because the percentage is applied to a higher 1998 base, the projected dollar amount of collections is greater. An additional $327,969 is included in the appropriation ordinance for transfer to the General Fund. The $327,969 is for the increase in sales tax only. There is no change in appropriations for use tax. Any collections over the 1999 ceiling will be held in the Use Tax Carryover Reserve in the Sales and Use Tax Fund. 382 November 3, 1998 ✓ Choice Streets Program - Council recently approved a series of amendments to sections of the City Code relating to the Choice Streets System Comprehensive Program. This program was developed to improve the technical standards and regulative authorities governing the construction and maintenance ofstreets, alleys, sidewalks, and other related infrastructure in the City. Elements of the plan include: (1) the development of a construction permit and infrastructure construction inspection fees; (2) establishment of a two-year maintenance guarantee and a five-year repair guarantee associated with the construction of streets, curbs, gutters and related drainage structures, sidewalks and bikeways; (3) development of a uniform set of standards for street repairs and reconstructions; (4) revised licensing and bonding requirements for contractors working in City rights -of -way; (5) developing revised fees for street cuts; and (6) development ofregulations concerning annexed streets, private streets, and private drives. This item appropriates $320, 000 in the General Fund from the estimated fees to be collected from construction inspection fees. This will allow the General Fund to reallocate $320, 000 for transfer to the Capital Projects Fund Pavement Management Program. In addition, $350,000 will be appropriated in the Capital Projects Fund Pavement Management Program from the revised fees for street cuts. Finally, $27, 000 will be appropriated in the General Fund Engineering budget from newly -developed construction permit fees and contractor licensing fees to offset construction inspection and administrative costs. " City Manager Fischbach stated that this Ordinance will amend and appropriate the City budget for 1999. He noted that this will be the second year of the City's first two-year budget, and he is recommending thirteen amendments to the budget as outlined in the staff report. He noted that the Ordinance includes the new pay and compensation plan implementation strategy, gave background concerning the chronology and development of the new pay plan, recommended full and timely implementation using the productivity savings reserve and the use tax carryover reserve, and stated that approximately $1.1 million is needed to accomplish full implementation in the 1999 budget. He recommended that retained revenue over the growth limit be used for transportation services. He stated that a series of noncontroversial housekeeping amendments to the budget are also recommended. Councilmember Mason asked if the appropriation for Light & Power: Purchase Power (item k) is a one-time purchase and asked for clarification that this will be made up in resale of the power to those customers. City Manager Fischbach stated that this is an ongoing cost, although the amount will change because of lower demand. Councilmember Kneeland commented about funding for the School Resource Officers in light of public concerns about SRO policies, noting that the Health and Safety Committee will be discussing the policy issues. City Manager Fischbach stated that a meeting with parents and school officials has been scheduled for discussion of some of these policies. M-191 November 3, 1998 Councilmember Bertschy asked about funding for clerical support for Building & Zoning (item e), noting the increased overall workload in that department. City Manager Fischbach stated that 1-1/2 additional contractual positions have also been authorized for inspections. Councilmember Mason asked if any monies would be left in the use tax carryover reserve if funds are used from that reserve for pay plan implementation. Doug Smith, Budget Director, stated that substantial reserves estimated to be over $4 million would remain. Councilmember Kneeland asked if there are any other options for funding pay plan implementation. City Manager Fischbach spoke concerning other options that could be considered if that is Council's direction. Councilmember Mason stated that one option regarding the pay plan would be to adopt the Ordinance without the employee compensation component, discuss that part at the next study session, and consider the pay plan implementation separately after the study session. City Manager Fischbach spoke concerning the planned agenda for the next study session. Mayor Azari asked if there are any legal reasons that would prevent postponement. City Attorney Roy stated that the Charter requires that Second Reading of the appropriation ordinance occur no later than the November 17, 1998 regular meeting so that the Ordinance can take effect before the last day of November. Councilmember Mason suggested postponing First Reading of the Ordinance to November 10. Councilmember Byrne noted that two employee groups (bus drivers and library staff) will require about 80% of the total additional funds requested for employee compensation because of disparities that grew over time and should have been corrected earlier. City Manager Fischbach stated that these two categories of employees were not benchmarked properly in the past. Councilmember Byrne asked how many individuals are included in the library category. Councilmember Bertschy asked about the use of the productivity savings reserve to help solve the pay plan funding problem. City Manager Fischbach stated that the Executive Lead Team identified the use of productivity savings as a means of resolving the high priority pay plan problem. Councilmember Bertschy asked why the funding for pay plan implementation could not be phased over a period of time and asked about phasing implementation for the entire work force to make up for the inequities for the bus driver and library staff employees. City Manager Fischbach stated that phasing would be unfair to those employees who are not in the bus driver or library staff categories since those other groups could be implemented 100%, and he would not recommend such phasing. 9M November 3, 1998 Councilmember Byrne asked about the impact on subsequent budgets and asked if these numbers have been nm through the shadow budget. City Manager Fischbach stated that it is anticipated that there will be problems to be addressed in developing a balanced budget for 2000/2001 and noted that this should be a high priority when compared with other expenses. Councilmember Byrne requested that ten-year shadow budget analysis be done prior to Second Reading of the Ordinance. Councilmember Kneeland spoke concerning the context and history of the pay plan issue, adoption of the 70th percentile philosophy, and paying employees fairly. She supported additional Council discussion concerning options in light of the high cost of implementation. Councilmember Smith asked about the options for discussion of some ofthese issues prior to Second Reading, which must take place no later than November 17. City Manager Fischbach spoke concerning opportunities for discussion prior to that date. Councilmember Bertschy stated he is not comfortable with the employee compensation part of the Ordinance. City Manager Fischbach recommended approval of the Ordinance on First Reading with additional study and discussion prior to Second Reading, or postpone the entire Ordinance. City Attorney Roy noted the publication requirements for Ordinances. Councilmember Mason again emphasized the need to discuss the pay plan implementation at a Study Session and suggested that a list of questions be developed for discussion at a Study Session, and noted that this issue should take priority over some of the items scheduled for the next Study Session. Mayor Azari asked about the option of holding a special Study Session on this item. Councilmember Byrne asked for further information about benchmarks. City Manager Fischbach explained the benchmarking and internal alignment process, and noted that the number ofbenchmark positions has been increased substantially. Councilmember Byrne commented on the importance of tightening up the pay plan management to avoid this kind of disparity in the future. Mayor Azari suggested holding a special study session on this particular item at the earliest opportunity and postponing the Ordinance to November 10. Councilmember Mason suggested that Council identify some questions they would like to have answered at the Study Session. Councilmember Bertschy asked about the possibility of holding the study session on this item on November 10. 385 November 3, 1998 Councilmember Smith asked about the logistics of holding a study session on November 10. Councilmember Byrne stated that his major concern is the long term impact on the shadow budget. Councilmember Mason spoke concerning the possibility of phasing in the pay plan, noting the phasing plans to address the street maintenance funding gap and affordable housing issues. He stated that he would request discussion of the phasing issue at the study session. He asked about pay bands within each pay class. Councilmember Bertschy requested more visual information concerning the pay plan. Councilmember Kneeland stated that she would like more information concerning the available options. Councilmember Byrne asked about the cost of living adjustment and how it equates with the Denver - Boulder CPI. City Manager Fischbach stated that the City does a labor market adjustment, which does not equate with the Denver -Boulder CPI. Kelly Ohlson, 2040 Bennington Circle, stated that the pay plan should be fair to employees and the taxpayers. Councilmember Smith made a motion, seconded by Councilmember Byrne, to postpone consideration of Ordinance No. 208, 1998 to the next opportunity for Council to take formal action with regard to the item. The vote on the motion was as follows: Yeas: Councilmembers Azari, Bertschy, Byrne, Kneeland, Mason, Smith and Wanner. Nays: None. THE MOTION CARRIED. Councilmember Kneeland commented on the sensitivity of pay plan issues and requested that the City Manager let the organization know that the Council is supportive of and values the employees. Items Relating to the 1999 Downtown Development Authority Budget Adopted on First Reading The following is staff s memorandum on this item. "Financial Impact These Ordinances represent the annual appropriation for 1999 of $290,675, and approve the Downtown Development Authority Operating Budget for 1999. They also set the DDA mill levy at 4.05 mills and appropriate the Downtown Development Authority Debt Service funds for 1999 in the amount of$1,639,048. November 3, 1998 Executive Summary A. First Reading of Ordinance No. 206, 1998, Appropriating Operating Funds and Approving the Budget oftheDowntown DevelopmentAuthorityfor theFiscal Year Beginning January 1, 1999, and Fixing the Mill Levy for the Downtown Development Authorityfor 1999. The Downtown Development Authority (the "DDA') adopted the proposed DDA budget for 1999, totaling $290,675, and determined the mill levy necessary to provide for payment of all properly authorized expenditures incurred by the District, at its regular meeting of September 3, 1998. B. First Reading of Ordinance No. 207, 1998, Appropriating Revenue in the Downtown Development Authority Debt Service Fund for Payment of Debt Service for the Year 1999. This Ordinance appropriates funds for the payment ofDDA debt servicefor 1999, as adopted by the DDA Board on September 3, 1998. Included in this Ordinance is a recommended appropriation of $100, 000 to be used for debt service obligations incurred by the DDA for the facade acquisition and sidewalk improvementprogram. City staff is recommending the Council appropriate an additional $300,000, in the DDA Debt Service Fund budget approved by the DDA Board. This additional appropriation represents the DDA's share of the annual payment on the certificates ofparticipation used to finance the Civic Center Parking Structure. According to agreements between the City, the County, and the DDA, each party will be responsiblefor one-third ofthe leasepayments attributable to the parking structure for the period 1999 - 2006. After 2006, when the DDA sunsets, the City and County will equally share in the DDA's commitment through 2016. On May 17, 1988, Council adopted Ordinance No. 95, 1987 authorizing the issuance of tax increment bonds, pledging tax increment revenues to debt retirement, and requiringpayment toward that debt retirement on a scheduled basis over the life of the bonds. The Charter requires that all funds which pass through City accounts be appropriated by Council. The tax increment revenue to be appropriated flows directly into the debt service account. In April of 1992, the City issued $11,380,000 of Downtown Development Authority Tax Increment Revenue and Refunding Bonds. In accordance with the applicable Colorado law, only the City may issue long-term debt on behalf of the Authority. The primary purpose of this bond issue was to invoke an early call provision on the City's 1988 Downtown Development Authority Tax Increment Revenue Refunding and Improvement Bonds. Since no Downtown Development Authorityprojects were pending, a majority of the remainingproceeds, held in the Downtown Development Authority Capital Projects Fund were no longer needed and the related bonds were called. In addition, the remainder of the bond issue was refunded due to favorable interest rates. The new bonds mature through December 1, 2007, with coupons ranging from 5.00% to 7.75%. " Alan Krcmarik, Finance Director, presented information concerning the item. 387 November 3, 1998 Councilmember Mason noted that the DDA budget is not included in the agenda material. Krcmarik stated that the DDA budget was included in the agenda material when the two-year budget was adopted and that material could be included in the material for Second Reading. Councilmember Mason asked if the mill levy remains the same. Krcmarik stated that the mill levy is not changing. Councilmember Wanner made a motion, seconded by Councilmember Byme, to adopt Ordinance No. 206, 1998 on First Reading. Robert Steiner, DDA Director, spoke concerning the DDA line item budget and noted that there has been a small reduction in the administrative budget. Sally Craig, 1409 South Summitview, asked a series of questions concerning DDA finances and requested the establishment of a public process to determine if the Downtown Development Authority should be terminated in 2006 or earlier. Kelly Ohlson, 2040 Bennington Circle, expressed concerns regarding the accountability of the Downtown Development Authority and the DDA Director. Councilmember Mason asked if the DDA revenue is in addition to property taxes and asked about the auto specific tax. Krcmarik explained the mill levy, the tax increment, and the auto specific tax as relates to the DDA. Councilmember Mason asked for a report on the spending of DDA money for an election promotion. Steiner spoke concerning the spending of DDA money for marketing. City Manager Fischbach stated information can be provided to Council concerning this issue. Councilmember Bertschy requested an update prior to Second Reading concerning the projected income and expenses for the remainder of the DDA's existence. Councilmember Wanner stated that the questions relating to contributions for political campaigns have been reviewed by the City and DDA's attorney. Councilmember Byrne spoke concerning the effectiveness of the DDA in redeveloping the downtown. Mayor Azari spoke in support of the DDA. The vote on Councilmember Wanner's motion was as follows: Yeas: Councilmembers Azari, Bertschy, Byrne, Kneeland, Mason, Smith and Wanner. Nays: None. THE MOTION CARRIED. 0.1 November 3, 1998 Krcmarik gave a brief presentation concerning proposed Ordinance No. 207, 1998, noting that it is expected that bonds will be fully retired in 2006. Councilmember Wanner made a motion, seconded by Councilmember Kneeland, to adopt Ordinance No. 207, 1998 on First Reading. Kelly Ohlson, 2040 Bennington Circle, expressed concerns regarding the use of public funds by the DDA. Councilmember Kneeland stated that Council discussed DDA issues in detail at a study session last year and expressed confidence in the DDA. Councilmember Wanner spoke concerning the difference between the compensation for a consultant versus a salaried employee. Councilmember Mason spoke concerning Council's discussion at a retreat concerning the DDA and noted community perceptions that the DDA is a strong proponent for development in the floodplain of the river. The vote on Councilmember Wanner's motion was as follows: Yeas: Councilmembers Azari, Bertschy, Byrne, Kneeland, Mason, Smith and Wanner. Nays: None. THE MOTION CARRIED. Other Business Mayor Azari asked for specific Council requests for additional information for the November 10 Study Session on the pay plan. Councilmember Bertschy requested visual representations for the November 10 Study Session discussion that will assist with an understanding of the pay plan issues. Councilmember Mason requested focusing on the bus drivers and how they were surveyed. The consensus was to begin the November 10 Study Session at 4:30 p.m. Adjournment Councilmember Smith made a motion, seconded by Councilmember Wanner, to adjourn the meeting to 7:00 p.m. or as soon as the Study Session concludes on November 10, 1998. The vote on the motion was as follows: Yeas: Councilmembers Azari, Bertschy, Byrne, Kneeland, Mason, Smith and Wanner. Nays: None. HAVI THE MOTION CARRIED. The meeting adjourned at 8:50 p.m. ATTEST: City Clerk 390 November 3, 1998