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MINUTES-12/07/1999-Regular
December 7,1999 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council -Manager Form of Government Regular Meeting - 6:00 p.m. A regular meeting of the Council of the City of Fort Collins was held on Tuesday, December 7, 1999, 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, Kastein, Martinez, Mason, Wanner and Weitkunat. Staff Members Present: Fischbach, Krajicek, Roy. Citizen Participation Leroy Gomez, 3213 Sharps, Hispanic activist, spoke regarding last week's police protest David Lipp, 626 Remington Street, spoke regarding the treatment of the poor and minorities by the police department. Al Baccili, 520 Galaxy Court, spoke regarding prejudice in Fort Collins. Duckie Smith, no address given, thanked Council for its attention to affordable housing. Jason Clarke, no address given, spoke regarding removal of the railroad from Fort Collins and hazardous cargo, traffic and emergency vehicle safety issues. Scott Wilkinson, 2828 Silverplume Drive, ASCSU representative, spoke regarding the public nuisance ordinance and recommended forming a broad based community committee to study the issue. Ramona Weaver, 124 North Roosevelt Avenue, addressed single parent concerns and thanked Council for its attention to affordable housing. Olivia Abeyta-Gonzales,1020 Garfield, spoke regarding police treatment of minorities and the need for diversity training and affordable housing. 46 December 7, 1999 Citizen Participation Follow-up Councilmember Byrne spoke regarding communication between the Council and the community and concerns expressed regarding the police. He requested that a copy of the most recent draft of the nuisance ordinance be provided to ASCSU. Councilmember Bertschy suggested placing specific information regarding police complaints in writing and encouraged additional communication regarding the issues. He noted that railroad relocation will be partially addressed in the Mason Street corridor plan. Councilmember Kastein spoke in favor of obtaining additional input and ideas regarding the public nuisance ordinance. Councilmember Bertschy favored obtaining more input regarding the nuisance ordinance and expressed a willingness to meet at any time with ASCSU representatives. Mayor Martinez spoke regarding the 1994 Department of Justice agreement relating to police/community relations and diversity training. He favored as much public outreach as possible regarding the public nuisance ordinance. Councilmember Mason noted that there is a diversity training committee at Agilent in Loveland that is seeking grant funding to put together diversity training for law enforcement officers in Larimer County. Agenda Review City Manager Fischbach noted that a revised Ordinance No. 186, 1999 has been prepared and First Reading of Ordinance No. 201, 1999 has been added to agenda item #34. Kelly Ohlson, 2040 Bennington Circle, withdrew item #17 First Reading of Ordinance No. 192, 1999, Amending Section 24-1 of the City Code Pertaining to Signs on Bus Shelters and Bus Benches from the Consent Calendar. 47 December 7, 1999 CONSENT CALENDAR Second Reading of Ordinance No. 175, 1999, Appropriating Unanticipated Revenue in the General Fund for the Local Action Plan Development for the Cities for Climate Protection Campaign. Ordinance No. 175, 1999, which was unanimously adopted on First Reading on November 16, 1999, appropriates unanticipated revenue in the General Fund for the Cities for Climate Protection Campaign that Fort Collins joined in 1997. Second Reading of Ordinance No. 176, 1999, Appropriating Unanticipated Revenue in the Benefits Fund to Cover Medical Insurance Claims and Other Expenses. Ordinance No. 176, 1999, which was unanimously adopted on First Reading on November 16, 1999, appropriates revenue received in the Benefit Fund to cover estimated costs of medical claims and benefit expenses in 1999. 9. Second Reading of Ordinance No. 177, 1999, Appropriating Unanticipated Revenue in the General Fund for the Climate Wise Local GovennnenUlndustrial Partnership to Reduce Greenhouse Gas Emissions. Ordinance No. 177, 1999, which was unanimously adopted on First Reading on November 16, 1999, appropriates $22,000 of unanticipated revenue in the General Fund. These funds will be used to encourage local industrial and manufacturing businesses to increase energy efficiency, reduce waste generation, save money, and reduce their greenhouse gas emissions. 10. Second Reading of Ordinance No. 190, 1999, Appropriating Prior Year Reserves for the 1998 Manufacturer's Use Tax Rebate Program. Ordinance No. 190, 1999, which was unanimously adopted on First Reading on November 16, 1999, appropriates prior year reserves for the 1998 Manufacturer's Use Tax Rebate Program. 11. Second Reading of Ordinance No. 178, 1999, ContinuinP a Temporary Manufacturing Equipment Use Tax Rebate Program For Fort Collins' Manufacturers. In March 1996, City Council approved a temporary rebate program for use tax paid on manufacturing equipment. The goal of the program was to maintain the local economic base by providing modest tax relief to manufacturing concerns located in Fort Collins. The program has been authorized to provide rebates to manufacturers for 1997, 1998 and 1999. Modifications were made to the program in 1999 to reflect several requests made by the manufacturing community. Ordinance No. 178, 1999, which was unanimously adopted on m December 7, 1999 First Reading on November 16, 1999, approves continuation of the program without any changes or modifications for 2001. 12. Second Reading of Ordinance No. 179,1999, Adopting the 2000 Classified Employees Pay and Classification Plan. The pay for each pay grade has been reviewed by comparing the benchmark jobs in each occupational group to similar jobs in the local private and public sectors. This analysis permitted an evaluation of the competitiveness of the pay grade. Each of the pay grades in an occupational group was similarly analyzed, and if it was observed that a structure adjustment was needed, the pay ranges in that occupational group were adjusted. Ordinance No. 179, 1999 was unanimously adopted on First Reading on November 16 1999. Between First and Second Reading page 14 of the Pay Plan, under the heading Protective Services Sworn, was amended to fix a typographical error. 13. Second Reading of Ordinance No. 180, 1999, Amendine Section 2-575 of the Cites Relating to Councilmember Compensation. Ordinance No. 180, 1999, which was unanimously adopted on First Reading on November 16, 1999, amends Section 2-575 of the City Code to set the 2000 compensation of Councilmembers at $525 and the compensation of the Mayor at $790. 14. Items Relating to the Brookfield Annexation and Zoning. A. Second Reading of Ordinance No. 181, 1999, Annexing Property Known as the Brookfield Annexation to the City of Fort Collins. B. Second Reading of Ordinance No. 182,1999, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Brookfield Annexation. On November 16, 1999, Council unanimously adopted Resolution 99-136 Setting Forth Findings of Fact and Determinations Regarding the Brookfield Annexation. Council also unanimously adopted Ordinance No. 181 and No. 182, 1999 on November 16, 1999, approving the annexation and zoning of approximately 50.30 acres in size of private land. The subject annexation is located south of East Harmony Road, east of Cinquefoil Lane alignment, west of CountyRoad 7 and north of County Road 36. The property has rural agricultural uses and is in the FA-1 Farming District in Larimer County. The recommended zoning is the Harmony Corridor District (HC). This is a 100% voluntary annexation. me December 7, 1999 15. Second Reading of Ordinance No. 183, 1999 Authorizing the Conveyance of Nonexclusive Easement Interests for the Construction of Off Site Water and Sewer Lines Related to the Harmony Ridge P.U.D. in the Cathy Fromme Prairie Natural Area. Ordinance No. 183, 1999, which were unanimously adopted on First Reading, will replace or modify existing easements to accommodate changes to plans for the water or sewer lines. Three of the easements are very routine and have minimal impact to the Cathy Fromme Prairie. Easement (1), as described in detail below raised issues that staff has worked with the developer to address. The easement will require that the impacts during construction be minimized and a restoration plan be developed and implemented. These requirements are improvements over the currently existing easement. 16. First Reading of Ordinance No. 191, 1999, Adding a New Division 4 to Chapter 25, Article 11 of the Code of the City of Fort Collins Establishing a Program for a Rebate of the City's Sales and Use Taxes for Materials Used in the Construction of Affordable Housing Units, and the Deferral of The Payment of Sales and Use Taxes Thereon. Since 1993, the City of Fort Collins has established several programs to promote the development of affordable housing units in the community. Some programs deal with the soft costs of development involving the processing of development applications, e.g., the "Priority Processing Program," while others more directly constitute financial incentives, e.g., the "Development Impact Fee Collection Delay Program." 17. First Reading of Ordinance No. 192, 1999, Amending Section 24-1 of the City Code Pertainingto o Sins on Bus Shelters and Bus Benches. The purpose of this Ordinance is to permit staff to install 5 bus shelters to evaluate whether the Fort Collins citizens find the shelters acceptable as to design and function. The most significant design change is the addition of advertising on the shelters. hi the past, any advertising on benches or the buses has been controversial. In discussions with the City Council Growth Management Committee, staff recommended placing "test" bus shelters in key commercial and residential locations to evaluate the impacts on the citizens. The committee directed staff to proceed with the test sites. In order to legally construct any new bus shelters with advertising, the current Code needs to be modified. The intent is to install 5 bus shelters at: College Avenue (west side) near Myrtle Street; College Avenue (east side) near Boardwalk; Harmony Road (south side) near Lemay Avenue; Dunbar Street (east side) near Swallow Road; and Stover Street (west side) near Dartmouth. Over a 6 month period, staff will survey the general public's impressions on these shelters. The survey findings would be reported back to Council prior to proceeding any further with this project. 50 1 �Z.7�iA[119 18. First Reading of Ordinance No. 193, 1999, Amending Chapter 23, Article In, of the City Code by the Addition of a New Division 4 Pertainingto o Neighborhood Entry Signs and Amending Section 24-1 of the City Code Pertainingto o Signs on Streets and Sidewalks. There have been recent inquires regarding the placement of Neighborhood Entry signs in the public right-of-way. City staff has developed a process to manage these requests, in order to allow established, organized neighborhoods to request a revocable permit from the City to erect Neighborhood Entry Signs. A team from Traffic Operations, Neighborhood Resources, Engineering, Current Planning, and the City Attorney's office has developed this process that would allow qualified neighborhood organizations to erect certain entry signs in the public right-of-way. This process and the sign standards are explained in the proposed ordinance. 19. First Reading of Ordinance No. 194, 1999, Amending Chapter 19 of the City Code So as to Establish the Municipal Court as a Court of Record. The Fort Collins Municipal Court is not a "court of record", meaning that there is no verbatim transcript of the hearings held in the Court. The most significant impact of this is that if a defendant appeals a conviction, he/she is entitled to a new trial in County Court. By becoming a court of record, appeals would be based on the record of the trial in Municipal Court and would go directly to District Court. By state statute, an ordinance is required in order to become a court of record. 20. First Reading _ofOrdinance No. 195,1999,Authorizin the eAcquisitionbyEminentDomain Proceedings of Certain Lands for the Roma Valley Drive Street Connection with Mail Creek Lane. The acquisition of land through uncontested eminent domain proceedings is necessitated by the May 18, 1999 City Council approval of the Master Street Plan Amendment. This amendment required a new street connection network that allows the Mail Creek Lane/Roma Valley Drive connection in lieu of the Highcastle Drive connection over Mail Creek. The Fossil Creek Homeowners Association owns the land needed for acquisition as part of its common property. The area of the subject land exists as open space consisting of vegetation and is approximately 76 square feet and the estimated value of the subject land is less than$100. The President of the Fossil Creek Homeowners Association has indicated that at a meeting of the homeowners, the possibility of condemnation was discussed and a motion was made and approved not to oppose this process. Without eminent domain, all Fossil Creek Meadows homeowners in the Association and all lending institutions holding deeds of trust would need to execute the conveyance document pursuant to the Bylaws of the Association. 51 December 7, 1999 21. First Reading of Ordinance No. 196, 1999, Designating the Winslow/Guard House, 730 West Olive Street as a Local Landmark Pursuant to Chapter 14 of the City Code. The owner of the property, Ada May Guard, is initiating this request for Local Landmark designation for the Winslow/Guard House. The building is significant for its architectural importance, as a beautiful example of the American Foursquare architectural style in Fort Collins. 22. Items Relating to the Fossil Creek Wetlands Annexation and Zoning. A. Resolution 99-138 Setting Forth Findings of Fact and Determinations Regarding the Fossil Creek Wetlands Annexation. B. First Reading of Ordinance No. 197, 1999, Annexing Property Known as the Fossil Creek Wetlands Annexation to the City of Fort Collins. C. First Reading of Ordinance No. 198, 1999, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Fossil Creek Wetlands Annexation. APPLICANT: The City of Fort Collins OWNER: The City of Fort Collins 23. First Reading of Ordinance No. 199 1999, Authorizing the Lease of Portions of the Resource Recovery Farm to LaFarge Corporation for Sand and Gravel Mining in Order to Protect Sensitive Natural Habitats Along the Cache la Poudre River. This Ordinance enables implementation of a unique natural area conservation project involving the City of Fort Collins, LaFarge Corporation, Flatiron Companies, and Colorado State University. The collaborative project will save from sand and gravel mining approximately 40 acres of meadow and mature riparian forest along the Cache la Poudre River that represents some of the most unique and valuable wildlife habitat in the Fort Collins area. hi exchange for not mining these sensitive natural habitats, approximately 106 acres of much less sensitive agricultural land on the City's Resource Recovery Farm will instead be mined. Reclamation of the mined area on the Resource Recovery Farm will enhance the wildlife habitat diversity and overall value of the natural areas along this reach of the Cache la Poudre River. This area will enhance the City's efforts to protect and enhance the wildlife habitat, aesthetic, and recreational values of this section of the Poudre River consistent with the City's Natural Areas Policies and will also enhance programs at CSU's Environmental Learning Center. 52 24. First Reading of Ordinance No. 200, 1999, Amendin¢ Section 24-42(c) for the Purpose of Correcting an Error. Section 24-42(c) of the City Code makes reference to Section 24-657(g)(4) of the Code, which section does not exist. The intended section was probably Section 29-657(g)(5). However, when the Land Use Code was adopted, all of Chapter 29 was removed from the City Code and recodified as the "Transitional Land Use Regulations". Since the Transitional Land Use Regulations are already mentioned in subparagraph (c) of Section 24-42, the specific reference to a section number is not necessary. Therefore, the reference to this section should be deleted. 25. Resolution 99-139 Establishing a Waste Diversion Policy. Staff recommends adopting a Resolution that builds on the successful level of recycling that Fort Collins has accomplished and sets new, incremental goals (five years hence, then ten years) for continuously improving the City's waste diversion efforts. Measuring the amount of waste that is being diverted from disposal in landfills gives a broad indication of the success of efforts such as recycling, composting, and reuse of materials. This Resolution will change the existing policy from a targeted 20% waste diversion level, to a 35% goal by the year 2004 and to 50% by 2010. The Resolution is intended to respond to interest expressed by the Council at a study session in August. At that meeting, staff reported the very good news that Fort Collins has surpassed a goal set in 1995 for 20% waste stream diversion from landfills, in February of 1999 measuring at 24% diversion. Council indicated support for continuing the steady improvements in recycling that are occurring in our community, and shortly afterwards further expressed commitment by approving $145,000 in the 2000 budget to fund new recycling projects. By adopting this Resolution, the City Council does not create any financial obligation. Future budget requests that would be proposed to help accomplish the waste diversion goal (such as the recycling projects recently funded for 2000) would only be decided on the basis of merit by the Council. 26. Resolution 99-140 Establishing Affordable Housing as the Highest Priority in the Use of the Citv's Year 2000 Private Activity Bond Allocation. Under Sections 103 and 141 of the Internal Revenue Code, the City may issue tax exempt private activity revenue bonds for certain purposes. One of the qualified uses for private activity bonds is for projects that will provide affordable housing for low and moderate income individuals and families. The Colorado General Assembly established the Colorado 53 December 7. 1999 Private Activity Bond allocation program to provide for the allocation of the States PAB ceiling under the federal Tax Reform Act of 1986. The result of the federal and state laws is that the City of Fort Collins has a private activity bond allocation of $2,756,250 for the year 2000. Based on recommendations in the City's Priority Affordable Housing Needs and Strategies Report (the "Report") and the review and recommendation of the Council Finance Committee, the proposed Resolution would set affordable housing projects as the top priority use for the City's year 2000 private activity bond allocation. 27. Resolution 99-141 Authorizingthe he CityMananer to Grant a License to Drahota Construction Company to Enter City Property. Drahota Construction Company has requested a license from the City to place a construction trailer on approximately seven hundred square feet (700') of an unused portion of the Fort Collins Senior Center P.U.D. site. Drahota will be using the trailer as its office for the construction of two additional multi -family residential buildings for The Preserve H Apartments P.U.D. The License to Enter agreement will terminate on or before July 31, 2000. 28. Resolution 99-142 Making Appointments to the Citizen Review Board and the Human Relations Commission. A vacancy currently exists on the Citizen Review Board due to the resignation of Sam Blanco. City Manager John Fischbach and Councilmembers Warmer and Bertschy reviewed the applications on file and are recommending Maria Martinez to fill the vacancy with a term to begin immediately and to expire on June 30, 2002. Vacancies currently exist on the Human Relations Commission due to the resignations of Judith Berg and Cheryl Breeden. Applications were solicited and Councilmembers Bertschy and Byrne conducted interviews. The Council interview team is recommending that Dan Devine and Barry Siff be appointed to fill the vacancies with terms to begin immediately and to expire on June 30, 2002 and June 30, 2003 respectively. 29. Routine Easements. A. Easement from Everline LLC to install electric switch gear, located at County Road 9 and County Road 36. Monetary consideration: $10. B. Construction and maintenance easement from Fort Collins Glass & Paint Company, located at 1308 Riverside. Monetary consideration: $171. 54 December 7, 1999 C. Construction and maintenance easement from K & M Company, located on the west side of Timberline and south of County Road 50. Monetary consideration: $100. Ordinances on Second Reading were read by title by City Clerk Wanda Krajicek. Second Readin¢ of Ordinance No. 175, 1999, Appropriating Unanticipated Revenue in the General Fund for the Local Action Plan Development for the Cities for Climate Protection Campaign. 8. Second Reading of Ordinance No. 176, 1999, Appropriating Unanticipated Revenue in the Benefits Fund to Cover Medical Insurance Claims and Other Expenses. 9. Second Reading of Ordinance No 177, 1999, Appropriating Unanticipated Revenue in the General Fund for the Climate Wise Local Government/Industrial Partnership to Reduce Greenhouse Gas Emissions. 10. Second Reading of Ordinance No. 190, 1999, Appropriating Prior Year Reserves for the 1998 Manufacturer's Use Tax Rebate Program. 11. Second Reading of Ordinance No. 178, 1999, Continuing a Temporary Manufacturing Equipment Use Tax Rebate Program For Fort Collins' Manufacturers. 12. Second Reading of Ordinance No. 179, 1999, Adopting the 2000 Classified Employees Pay and Classification Plan. 13. Second Reading of Ordinance No. 180, 1999, Amending Section 2-575 of the City Code Relating to Councilmember Compensation. 14. Items Relating to the Brookfield Annexation and Zoning. A. Second Reading of Ordinance No. 181, 1999, Annexing Property Known as the Brookfield Annexation to the City of Fort Collins. B. Second Reading of Ordinance No. 182, 1999, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Brookfield Annexation. 15. Second Reading of Ordinance No. 183 1999 Authorizing the Conveyance of Nonexclusive Easement Interests for the Construction of Off Site Water and Sewer Lines Related to the Harmony Ridge P.U.D. in the Cathy Fromme Prairie Natural Area. 55 December 7. 1999 34. Second Reading of Ordinance No. 186,1999 Authorizing the Conveyance of Non-exclusive Easement Interests to Boxelder Sanitation District for the Construction of Flood Control Measures and the Repair of Flood -Caused Damage in and Along the Poudre River in the Archery Range Natural Area. Ordinances on First Reading were read by title by City Clerk Wanda Krajicek. 16. First Readin¢ of Ordinance No. 191 1999 Adding a New Division 4 to Chapter 25, Article H of the Code of the City of Fort Collins Establishing a Program for a Rebate of the City's Sales and Use Taxes for Materials Used in the Construction of Affordable Housing Units, and the Deferral of The Payment of Sales and Use Taxes Thereon. 17. First Reading of Ordinance No. 192, 1999, Amending Section 24-1 of the Cites Pertainingto o Signs on Bus Shelters and Bus Benches. 18. First Reading of Ordinance No. 193, 1999, Amending Chapter 23, Article III, of the City Code by the Addition of a New Division 4 Pertainingto o Neighborhood Entry Signs Amending Section 24-1 of the City Code Pertainingt`Signs on Streets and Sidewalks. 19. First Reading of Ordinance No. 194, 1999, Amending Chapter 19 of the City Code So as to Establish the Municipal Court as a Court of Record. 20. First Reading of Ordinance No. 195, 1999, Authorizing the Acquisition by Eminent Domain Proceedings of Certain Lands for the Roma Valley Drive Street Connection with Mail Creek Lane. 21. First Reading of Ordinance No. 196, 1999, Designating the Winslow/Guard House, 730 West Olive Street as a Local Landmark Pursuant to Chapter 14 of the City Code. 22. Items Relating to the Fossil Creek Wetlands Annexation and Zoning. A. First Reading of Ordinance No. 197, 1999, Annexing Property Known as the Fossil Creek Wetlands Annexation to the City of Fort Collins. B. First Reading of Ordinance No. 198, 1999, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Fossil Creek Wetlands Annexation. 56 December 7, 1999 23. First Reading of Ordinance No. 199, 1999, Authorizing the Lease of Portions of the Resource Recovery Farm to LaFarge Corporation for Sand and Gravel Mining in Order to Protect Sensitive Natural Habitats Along the Cache la Poudre River. 24. First Reading of Ordinance No. 200, 1999, Amending Section 24-42 © for the Purpose of Correcting an Error. 35. First Reading of Ordinance No. 187, 1999, Amending Section 2-581 of the City Code and Setting the Compensation of the City Attorney. 36. First Reading of Ordinance No. 188, 1999, Amending Section 2-596 of the City Code and Setting the Compensation of the City Manager. 37. First Reading of Ordinance No. 189, 1999, Amending Section 2-606 of the City Code and Setting the Compensation of the Municipal Judge. Councilmember Weitkunat made a motion, seconded by Councilmember Bertschy, to adopt and approve all items not withdrawn from the Consent Calendar. The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Byrne, Kastein, Martinez, Mason, Wanner and Weitkunat. Nays: None. THE MOTION CARRIED. Consent Calendar Follow-up Councilmember Bertschy spoke regarding item #28 Resolution 99-142 Making Appointments to the Citizen Review Board and the Human Relations Commission, noting the appointment to the Citizen Review Board. Councilmember Mason spoke regarding the effect of item #18 First Reading of Ordinance No. 193, 1999, Amending Chapter 23, Article III, of the City Code by the Addition of a New Division 4 Pertaining to Neighborhood Entry Signs and Amending Section 24-1 of the City Code Pertaining to Signs on Streets and Sidewalks. 57 December 7. 1999 Staff Reports City Manager Fischbach presented an update on the truck bypass route and spoke regarding funding for the traffic signal system. Greg Byrne, CPES Director, introduced Carol Tunner, Historic Preservation Planner, who gave a slide presentation on the economic benefits of historic preservation in the downtown. Councilmember Reports Councilmember Wanner reported on the Finance Committee's discussions regarding the general employees retirement plan cost -of -living adjustment, e-commerce strategy, street maintenance financing, and the proposed white paper on the role of the Downtown Development Authority. Councilmember Bertschy reported on the Poudre Fire Authority Board's discussions regarding the adoption of the 2000 budget and the performance review for Chief John Mulligan. Councilmember Weitkunat reported on the Commission on the Status of Women discussions regarding progress on affordable day care in the community. She also reported on her attendance at the National League of Cities convention in Los Angeles where issues such as e-commerce taxation and alternative revenue sources were discussed. Councilmember Bertschy reported on a senior and youth center tour, information sessions and business meeting at the National League of Cities convention. City Manager Fischbach noted that Councilmember Bertschy was elected as an officer of the NLC University Caucus. ("Secretary's Note: City Manager Fischbach requested a change in the order of agenda items due to technical difficulties with audiovisual equipment.) m December 7, 1999 Items Related to the Conveyance of Non-exclusive Easement Interests to Boxelder Sanitation District for the Construction of Flood Control Measures and the Repair of Flood -Caused Damage in and Along the Poudre River in the Archery Range Natural Area, Adopted The following is staff's memorandum on this item. "Executive Summary A. Second Reading of Ordinance No. 186, 1999 Authorizing the Conveyance of Non-exclusive Easement Interests to Boxelder Sanitation District for the Construction of Flood Control Measures and the Repair of Flood -Caused Damage in and Along the Poudre River in the Archery Range Natural Area. B. First Reading of Ordinance No. 201, 1999, Authorizing the Conveyance ofa Non-exclusive Easement Interest to Boxelder Sanitation District For The Removal of Sand And Gravel From The Poudre River in the Archery Range Natural Area Ordinance No. 186, 1999, was adopted on First Reading on November 16, 1999, by a vote of 4-3, and authorizes the conveyance ofan easement to Boxelder Sanitation District for the construction of food control measures as well as repairs of damage along the Poudre River caused by recent flooding. The total compensation to the City for the temporary construction easement and permanent easement is $2,000. This Ordinance has been revised since First Reading to clarify that the subject property was originally purchased by the Wastewater Utility, and to improve the specificity of Ordinance text. Staffis recommending that this revised Ordinance 186,1999 be approved on second reading without modification to allow for the additional work requested by Boxelder Sanitation District ("BSD'). Instead, staff is presenting to Council for First Reading Ordinance No. 201, 1999 to address this additional work, with Second Reading to occur as soon as staff has obtained sufficient information to finalize a recommendation as to whether the additional work should be permitted. Since BSD is not being permitted to proceed with Items 6 and 7 (drop structures and a 350' weir) as described in the original agenda item summary for Ordinance No. 186, 1999 on First Reading, BSD has requested permission to protect the force main manholes on the south bank of the river, partially within the easement BSD obtained from the Cityfor the force main in 1998 and partially within the easement over adjacent LaFarge property. Ordinance No. 186, 1999 will allow BSD to submit revised construction plans, to be approved by City staff, to provide the additional protection to the force main. Ordinance No. 201, 1999 will authorize thegrant to BSD ofnew easement rights to implementltem 8 and Item 9 as described in the original agenda item summary for Ordinance No. 186, 1999 on Wis December 7, 1999 First Reading, following further investigation/study by a consultant and a recommendation from staff, which will occur before the Second Reading of this Ordinance on or before February], 2000. Item 8 would allow BSD to place additional cover on the force main, and Item 9 would allow BSD to remove approx. 4' depth of sand bar deposits and sculpt sand bar bank. The City is contracting with Anderson Consulting Engineers Inc., at City expense toperform thefirst two phases of a three-phase study. The first two phases of the study will look at a longer stretch of the river than the limited study previously performed for BSD. It will start upstream at the Fossil CreekReservoir Inlet Ditch Diversion Structure and end downstream at the Great Western Railroad Bridge. These two structures are considered control points in the river. The study will look at the stability ofthe riverbed; better define the breakoutpoints along the south hank ofthe river; and look at alternatives forprovidingprotection to BSD's plant and force main. The study will lookfor softer and less expensive flood control measures and will integrate the flood control measures with the reclamation of the natural areas along the south bank of the river. During the first phase of the study, which will take 6 to 8 weeks, staff has instructed the consultant to look at BSD's proposed Items 8 and 9 in context with this longer stretch of the river, and to give the City an opinion on whether Item 8 (the additional cover on the force main) will provide the protection BSD is looking for and what if any impacts the additional cover may cause. Staff has also directed the consultant to give the City an opinion on whether Item 9 (the removal of the sand bar deposits) will increase the capacity of the river and, if so, whether the additional capacity is needed. Based on the information to be received from the consultant's reviews, and an assessment of potential downstream harm and other impacts from theproposed work, staffwill determine whether to recommend approval of Ordinance No. 201, 1999 on Second Reading, in order to authorize BSD to proceed with Items 8 and 9. Phase Two of the study will take six to nine months, and will involve an in-depth look at river stability, alternative flood control measures, and integration ofthe flood control measures with the reclamation along the south bank of the river. The third phase of the study may then proceed, and would include final design of recommended improvements, and regulatory agency approval procedures, including FEMA application and mapping. It is anticipated that costs of Phase Three will be shared proportionately by benefitted property owners in the area, including BSD, the City, and perhaps Great Western Railroad. Phase Three is expected to take six to nine months." City Manager Fischbach noted that Ordinance No. 186, 1999 has been revised and that Ordinance No. 201, 1999 has been added to the agenda. Mark Sears, Natural Resources Program Manager, presented background information regarding the agenda item. He noted that Boxelder Sanitation District has requested nine flood control measures and that Ordinance No. 186,1999 would authorize the District to proceed with four of the measures. He stated that the remaining measures relate to protection of a force main and that there are a a$ December 7, 1999 number of better alternatives that could be pursued. He stated that Ordinance No. 201, 1999 would allow the District to proceed with flood control measures 8 and 9 and that staff is recommending a delay in Second Reading to allow further review of the District's proposal. Tad Foster, Boxelder Sanitation District attorney, spoke regarding a letter sent to City Manager Fischbach outlining the District's legal concerns and issues regarding the 1995 dike construction and its impact on the river and Boxelder's facilities as well as the improvements required for the gravel pit property to be acquired from LaFarge. He requested timely approval by Council to allow completion of all required improvements prior to the spring flooding. Dr. Darrell B. Simons spoke regarding his credentials and experience in working with this type of river improvements and supported the report and recommendations prepared by the District regarding the river dike. Dean Smith, Boxelder Sanitation District General Manager, spoke concerning the current situation and the need to keep the sewer force line operational and noted previous studies that have been done. He asked the Council to vote to permit the District to proceed with all work at this time. Randy Fischer, 3007 Moore Lane, Natural Resources Advisory Board, stated that the NRAB and the Water Board support the staff s recommendation. He noted that the dike will be removed if the proposed Ordinance is adopted and that Boxelder's issues relate to protection of the poorly engineered force main that was put in without County approval. He stated that the rest area could use septic tanks in the event of a temporary shutdown of the sewer line during a flood emergency. Gordon Wellfly, President of the Boxelder Sanitation District Board of Directors, spoke regarding the inadequacy of the septic tanks at the rest area. Councilmember Bertschy requested clarification regarding the effect of adoption of Ordinance No. 186, 1999. Sears stated that adoption of the Ordinance will allow the District to proceed with four flood control measures. Councilmember Bertschy asked about the effect of adoption of Ordinance No. 201, 1999 and the ability of the District to complete the authorized improvements prior to spring flooding. Sears reviewed the proposed flood control measures and construction sequencing and timing. 61 December 7, 1999 Councilmember Weitkunat asked about the timing of adoption of Ordinance No. 201, 1999 and the need to have consultants perform a phased review. Bob Smith, Stormwater Utility Manager, spoke regarding the work and conceptual review that was done in 1995 and the subsequent impact of the mining operation and force main on river conditions. He stated that Anderson Consulting will look at the possibility of a holistic approach for a larger area. Sears spoke regarding the rationale for recommendation of adoption of Ordinance No. 201, 1999 on First Reading and the delay in Second Reading pending further study. Councilmember Kastein asked about health and safety issues related to the delay in implementation of all of the requested measures. Sears stated that if Ordinance No. 201 is approved on Second Reading in February there would be sufficient time to complete the improvements authorized by the ordinance prior to the spring runoff. He spoke regarding the alternatives that would be available to Boxelder if all measures relating to the force main are not approved for implementation. Dean Smith presented the District's perspective regarding liability and the required improvements and stated that further study is not necessary. City Attorney Roy asked about staff concerns regarding possible adverse effects of the proposed plans, such as the removal of the gravel bar, on neighboring and downstream properties. Bob Smith expressed specific staff concerns relating to the potential impact of removal of the gravel bar on neighboring properties and explained the need for further study. Councilmember Bertschy asked about the recommendation of the Natural Resources Advisory Board regarding Ordinance No. 201, 1999. Mr. Fischer stated that the NRAB has not reviewed Ordinance No. 201. Sears stated that delaying Second Reading of Ordinance No. 201 would provide an opportunity for review by the staff, the NRAB and the Water Board. Councilmember Weitkunat asked if the sand bar is a new feature since the 1999 flooding. Sears stated that the sand bar grew in the 1999 flood but existed prior to that time. Councilmember Weitkunat suggested that in the interest of public health and safety that Council consider approving all nine flood control measures as proposed by the District rather than delaying for further study. Mayor Martinez asked about the feasibility of shutting down the sewer line in the event of a flood. Sears spoke regarding the operation of force mains. Dean Smith spoke regarding the vulnerability of the force line to flood damage and potential costs of repairs. Councilmember Weitkunat made a motion for denial of Ordinance No. 186, 1999 on Second Reading. Councilmember Kastein spoke in support of the concepts expressed by Councilmember Weitkunat. 62 December 7, 1999 THE MOTION DIED FOR LACK OF A SECOND. Councilmember Weitkunat made a motion, seconded by Councilmember Kastein, to amend Ordinance No. 186, 1999 on Second Reading to include all nine flood control measures requested by Boxelder Sanitation District. Councilmember Weitkunat spoke regarding health, safety and flood mitigation goals. Councilmember Bertschy spoke in opposition to the motion and encouraged Council to support staff s recommendation. Councilmember Byrne stated that he would not support the motion and spoke regarding the need to take a broader view in light of the reduction of the risks that will result from implementation of the recommended measures. Councilmember Warmer stated that he would not be supporting the motion because of the recommendations received from staff and the advisory boards. Councilmember Mason stated that he would not support the motion and spoke in favor of further study in the interests of the City. Councilmember Kastein stated that he would support the motion in light of the work that has been done by Boxelder Sanitation District. Mayor Martinez expressed concerns regarding possible flood damage to the sewer line and costs to the District's customers. He stated that he would support the motion. The vote on the motion was as follows: Yeas: Councilmembers Kastein, Martinez and Weitkunat. Nays: Councilmembers Bertschy, Byrne, Mason, and Wanner. THE MOTION FAILED TO PASS. Councilmember Bertschy made a motion, seconded by Councilmember Wanner, to adopt Ordinance No. 186, 1999 as presented on Second Reading. The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Byme, Kastein, Mason and Wanner. Nays: Councilmembers Martinez and Weitkunat. THE MOTION CARRIED. Councilmember Mason made a motion, seconded by Councilmember Wanner, to adopt Ordinance No. 201, 1999 on First Reading. 63 December 7, 1999 City Attorney Roy read Ordinance No. 201, 1999 in full Councilmember Weitkunat spoke in favor of the motion because it provides direction regarding moving forward. Randy Fischer, Natural Resources Advisory Board, thanked the Council for following the recommendation of the staff and the NRAB regarding Ordinance No. 186, 1999 and spoke concerning the need for caution regarding the grant of easements in the natural areas. Dean Smith, Boxelder Sanitation District General Manager, noted that the ordinance has not been available for adequate review by the District and expressed concerns regarding various provisions of the ordinance. He stated that the real issue is timing for the improvements that need to be made. Kelly Ohlson, 2040 Bennington Circle, thanked the Council for its action regarding Ordinance No. 186, 1999 and expressed concerns regarding the process followed with regard to the last minute introduction of Ordinance No. 201, 1999. Gordon Wellfly, President of Boxelder Sanitation District Board of Directors, asked about the process of allowing input and discussion prior to the vote. Mayor Martinez explained the process followed by the Council. Robbie Srivasteva, Boxelder Sanitation District engineer, thanked staff forworking with the District to attempt to find a solution and spoke regarding the City's potential liability for damage to the sewer force main. City Attorney Roy noted that the language of the Ordinance will be reviewed with the District in detail prior to Second Reading. Councilmember Kastein noted that the Ordinance is presented in this fashion to expedite Boxelder's work. Councilmember Bertschy spoke in favor of the 6-8 week study that is authorized in the Ordinance. The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Byrne, Kastein, Martinez, Mason, Warmer and Weitkunat. Nays: None. THE MOTION CARRIED. 64 December 7, 1999 Consideration of the Appeal of the October 12, 1999, Determination of the Administrative Hearing Officer to Approve the Oakridge Business Park, 28th Filing (Bank of Colorado) - Project Development Plan, Continued to December 14, 1999 The following is staff s memorandum on this item. "Executive Summary On October 12, 1999, the Administrative Hearing Officer approved the Oakridge Business Park, 28thFiling (Bank ofColorado)- Project Development Planforatwo-story, 12, 000 squarefoot bank building with 4 drive-thru lanes and associated parking on a property that is approximately 1.2 acres in size. The property is zoned HC - Harmony Corridor (as of the effective date of March 28, 1997 for the new Land Use Code). The property is located at the southeast corner of the intersection of East Harmony Road and McMurry Drive. Oakridge Drive forms the south boundary of the property. On November 9, 1999, an Amended Notice of Appeal was received by the City Clerk's office regarding the decision of the Administrative Hearing Officer. In the Amended Notice of Appeal from the Appellant Cimarron — Harmony Corner LLC, it is alleged that: The grounds for this appeal are pursuant to Sec. 2-48b1 of the City Code. The Administrative Hearing Officerfailed to properly apply relevant provisions of the applicable Code being HC—Harmony Corridor Code Requirements. The following HC — Harmony Corridor Code Requirements were not followed nor properly implemented in the Project Development Plan. Land Use Code, Division 4.21, Harmony Corridor District Article 4.21(E)(2)(a) HC— Harmony Corridor — Site Design "In the case of multiple parcel ownership, to the extent reasonably feasible, an applicant shall enter into cooperative agreements with adjacent property owners to create a comprehensive development plan that establishes an integrated pattern ofstreets, outdoor spaces, building styles and land uses. " 65 December 7, 1999 Land Use Code Division 3.2. Site Planning and Design Standards Article 3.22(D) Circulation and Parking "All vehicular use areas in any proposed development shall be designed to be safe, efficient, convenient and attractive, considering use by all modes of transportation that will use the system, (including, without limitation, cars, trucks, busses, bicycles and emergency vehicles). " Article 3.22(E)(5) Points of Conflict "The lot layout shall specifically address the interrelation of pedestrian, vehicular and bicycle circulation in order to provide continuous, directpedestrian access with a minimum ofdriveway and drive aisle crossings. Remedial treatment such as raised pedestrian crossings, forecourts and landings, special paving, signs, lights and bollards shall be provided at significant points of conflict. " Article 3.22(H)(1)(3) Drive -In Facilities "The design and layout of drive-in facilities for restaurants, banks, or other uses shall provide adequate directional signage to ensure a free -flow through the facility. " Staff Note: It is assumed that the Appellant is referring to Article (Section) 3.2.2 Access, Circulation and Parking in the above 3 citations. The attached documents include: 1. Amended NoticeofAppeal(datedNovember8, 1999andreceivedNovember9, 1999), which supercedes the original Notice of Appeal 2. Staff Report, with recommendation and attached plans, to the Administrative Hearing Officer for the October 7, 1999 public hearing 3. City ofFort Collins Administrative Hearing Officer Type IAdministrative HearingFindings, Conclusions and Decision 4. Staff response to the appeal 5. Minutes of the Meeting before the Administrative Hearing Officer, held Thursday, October 7. 1999 Theprocedures for deciding the appeals are described in Chapter 2, Article II, Division 3 ofthe City Code." December 7, 1999 City Attorney Roy explained the appeal hearing process Steve Olt, City Planner, presented background information regarding the agenda item. He outlined the grounds set and in the appeal and noted that Council has received staff s response to the appeal as well as the appellant's allegations. Councilmember Weitkunat asked about the layout of the drive -through facilities and the pedestrian movement in the area. Olt described the drive -through facilities and sidewalk connections. David J. Faestel, appellant, President of Cimarron Properties, stated that the issue is the intense use proposed and the potential impact of traffic congestion. He outlined objections to the small size of the entry, lack of directional signage, and the lack of cooperative agreements with neighboring properties. He stated that the site planning and design standards have not been properly applied and spoke regarding traffic and parking safety hazards. He asked for mitigation of safety conflicts between the proposed and existing developments. He spoke regarding a forced congestion condition for ingress and egress, the lack of sidewalks on the west side of the property, and the design and layout of the drive -through facilities. Matt Rankin, Vaught -Frye Architects, representing the Bank of Colorado proposal, stated that the Bank of Colorado plan is in compliance with all Harmony Corridor code requirements and that the staff response justifies the determination for approval of the development proposal. He stated that the vehicular connection between the bank's drive -through exit lane and Mr. Faestel's adjacent dead-end parking is unnecessary and creates potential pedestrian and vehicular safety concerns by introducing two-way traffic. In response to concerns expressed by the appellant at the administrative appeal hearing, the curb radius at the entry of Oakridge Drive has been modified to fall within the bank's property. He stated that some concerns expressed by Mr. Faestel in the appeal fall outside the scope of what discussed at the administrative hearing. Mr. Faestel stated he has not received the administration's rebuttal to the appeal. City Attorney Roy stated that the appellant is entitled to an opportunity to review the materials in question. Mayor Martinez suggested a recess to afford an opportunity for the requested review. City Attorney stated that the materials in question are part of the packet materials that are available to the public and that staff would determine if the appellant received the materials. City Manager Fischbach suggested that Council consider adjourning into Executive Session to consider other matters while Mr. Faestel reviews the materials. 67 December 7. 1999 Mayor Martinez noted for the record that the appeal hearing would commence with rebuttals when the Council returned from the Executive Session. Executive Session Authorized Councilmember Mason made a motion, seconded by Councilmember Weitkunat, to adjourn into Executive Session to discuss personnel matters. The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Byrne, Kastein, Martinez, Mason, Wanner and Weitkunat. Nays: None. THE MOTION CARRIED. ("Secretary's Note: The Council adjourned into Executive Session at 9:10 p.m. and reconvened following the Executive Session at 10:05 p.m.) Continuation of the Appeal Hearing - Hearing Continued to December 14,1999 City Attorney Roy stated for the record that the Executive Session was not related in any way to the appeal. He stated that Mr. Faestel had indicated he would be seeking a continuance of the appeal hearing because of information contained in the staff report which he had not previously seen. He clarified for the record that the appeal material is not mailed out and that instead a notice is sent to parties -in -interest advising them that agenda materials will be available on the Thursday prior to the appeal. He recommended that the Council inquire as to how Mr. Faestel feels he might be prejudiced by moving ahead with the hearing at this time and then determine the position of the applicant regarding a continuance. He stated that the appeal hearing could be continued to December 14, 1999 prior to the study session. Mr. Faestel requested a continuance stated that facts, measurements and references to prior approvals set out in the memorandum will need to be verified. hi addition, colorized exhibits submitted by the appellant have not been included in the materials. Mr. Rankin stated that this is a simple matter with straight forward issues, that the bank has already been delayed since the administrative hearing, and that further delay would harm the bank without reason. Mark Kross, Bank of Colorado, stated that the issue is that the bank has made an effort to be prepared for the hearing at this time. Councilmember Weitkunat asked for a clarification regarding the nature of the staff response memorandum referenced by the appellant. City Attorney Roy noted that the opponent referenced the staff response memorandum in their argument. 30 December 7, 1999 Councilmember Wanner stated that the visual information presented is inadequate for an understanding of the physical layout. Councilmember Bertschy made a motion, seconded by Councilmember Wanner, to continue the appeal hearing to December 14, 1999 at 6:30 p.m. or as soon thereafter as the matter may be heard. The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Byrne, Kastein, Martinez, Mason, Wanner and Weitkunat. Nays: None. THE MOTION CARRIED. Ordinance No. 187,1999 Amending Section 2-581 of the City Code and Setting the Compensation of the City Attorney. Adopted on First Readine The following is staff's memorandum on this item. "Executive Summary City Council met in Executive Session on November 9, 1999 to conduct the performance appraisal of City Attorney Steve Roy. This Ordinance establishes the 2000 salary and compensation of the City Attorney. BACKGROUND: City Council is committed to compensating employees in a manner which is fair, competitive and understandable. The goal as an employer is to attract and retain quality employees and to recognize and reward quality performance. In order to accomplish this goal the City Council and the City Attorney meet once a year to discuss last year's performance and set goals for the coming year. :4 December 7, 1999 In 1999, the total compensation paid to the City Attorney included the following: SALARY AND BENEFITS ANNUAL NON -MONETARY BENEFITS Salary $101,133 Vacation (25 days per year) Life Insurance 236 Holidays (11 days per year) Medical Insurance 5,182 Dental Insurance 303 Long Term Disability 313 FICA Max. 4,501 FICA 1.45% 1,466 Pension - ICMA 401(a) and 457 (13%) 13,147 Total Monetary Compensation $ 126,281 Councilmember Bertschy made a motion, seconded by Councilmember Byme, to adopt Ordinance No. 187, 1999 on First Reading with the insertion of a base salary of $107,201 and a total compensation of $133,261. The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Byrne, Kastein, Martinez, Mason, Wanner and Weitkunat. Nays: None. THE MOTION CARRIED. Ordinance No. 188,1999 Amending Section 2-596 of the City Code and Setting the Compensation of the City Manager Adopted on First Reading The following is staff s memorandum on this item. "Executive Summary City Council met in Executive Session on November 9, 1999 to conduct the performance appraisal of City Manager John Fischbach. This Ordinance establishes the salary and compensationprovided the City Manager. BACKGROUND: City Council is committed to compensating employees in a manner which is fair, competitive and understandable. The goal as an employer is to attract and retain quality employees and to recognize and reward quality performance. In order to accomplish this goal the City Council and the CityManager meet once a year to discuss last year's performance and set goals for the coming year. 70 December 7. 1999 In 1999, the total compensation paid to the City Manager included the following: SALARY AND BENEFITS ANNUAL NON -MONETARY BENEFITS Salary $ 117,698 Vacation (25 days per year) Life Insurance 275 Holidays (11 days per year) Medical Insurance 5,182 Dental Insurance 303 Long Term Disability 364 FICA Max 4,501 FICA 1.45% 1,707 Pension - ICMA 401(a) and 457 (13%) 15,300 Total Monetary Compensation $ 145,330 Councilmember Bertschy made a motion, seconded by Councilmember Weitkunat, to adopt Ordinance No. 188, 1999 on First Reading with the insertion of a base salary of $127,114 and a total compensation of $156,159. The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Byrne, Kastein, Martinez, Mason, Wanner and Weitkunat. Nays: None. THE MOTION CARRIED. Ordinance No. 189,1999 Amending Section 2-606 of the City Code and Setting the Compensation of the Municipal Judge Adopted on First Reading The following is staff's memorandum on this item. "Executive Summary City Council met in Executive Session on November 9, 1999 to conduct the performance appraisal of Municipal Judge Kathleen M. Lane. This Ordinance establishes the 2000 salary and compensation of the Municipal Judge. 71 December 7, 1999 BACKGROUND: City Council is committed to compensating employees in a manner which is fair, competitive and understandable. The goal as an employer is to attract and retain quality employees and to recognize and reward quality performance. In order to accomplish this goal the City Council and the Municipal Judge meet once a year to discuss last year's performance and set goals for the coming year. In 1999, the total compensation paid to the Municipal Judge included the following: SALARY AND BENEFITS ANNUAL NON -MONETARY BENEFITS Salary $ 75,063 Vacation (25 days per year) Life Insurance 176 Holidays (I I days per year) Medical Insurance 5,182 Dental Insurance 303 Long Term Disability 232 FICA Max 4,501 FICA 1.45% 1,088 Pension - ICMA 401(a) and 457 (13%) 9,758 Total Monetary Compensation $ 96,303 Councilmember Bertschy made a motion, seconded by Councilmember Weitkunat, to adopt Ordinance No. 189, 1999 on First Reading with the insertion of a base salary of $79,567 and a total compensation of $101,483. The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Byrne, Kastein, Martinez, Mason, Wanner and Weitkunat. Nays: None. THE MOTION CARRIED. Councilmember Byrne commented regarding the commitment of the three employees evaluated by the City Council. Councilmember Bertschy thanked the City Manager, City Attorney, and Municipal Judge for their dedication to the City. Councilmember Mason commended the three employees for their professionalism. 72 December 7, 1999 Councilmember Kastein spoke regarding the professionalism of the employees. Councilmember Weitkunat expressed appreciation for the work of the three employees. Mayor Martinez thanked the three employees for their accomplishments and contributions to the City. Ordinance No. 192,1999 Amending Section 24-1 of the City Code Pertaining to Signs on Bus Shelters and Bus Benches, Adopted on First Reading The following is staff s memorandum on this item. "Financial Impact The potential outcome of changing the City Code to permit advertising on the City's bus shelters is an increase of net revenue by $ 79,500 and no increases in shelter expense. If the City were to install an additional 100 bus shelters and maintain them at the level proposed by the vendor, the City's annual cost would exceed $70, 000. The City's capital expense for 100 shelters would be $400, 000, and there would be no increase in revenues. Executive Summary The purpose of this Ordinance is to permit staffto install 5 bus shelters to evaluate whether the Fort Collins citizens find the shelters acceptable as to design and function. The most significant design change is the addition of advertising on the shelters. In the past, any advertising on benches or the buses has been controversial. In discussions with the City Council Growth Management Committee, staff recommended placing "test" bus shelters in key commercial and residential locations to evaluate the impacts on the citizens. The committee directed staff to proceed with the test sites. In order to legally construct any new bus shelters with advertising, the current Code needs to be modified. The intent is to install 5 bus shelters at: College Avenue (west side) near Myrtle Street; College Avenue (east side) near Boardwalk; Harmony Road (south side) near Lemay Avenue; Dunbar Street (east side) near Swallow Road; and Stover Street (west side) near Dartmouth. Over a 6 month period, staff will survey the general public's impressions on these shelters. The survey findings would be reported back to Council prior to proceeding any further with this project. BACKGROUND: Over the past several years, staff, Councilmembers, and the public have discussed the issue of more bus shelters. These discussions have focused on new revenue, improved customer safety and convenience, reduction of bus shelter expenditures, and increasing the number ofshelters. 73 December 7, 1999 The current bus bench/bus panel contractor, Chancellor Media Corporation, has made an offer to install and maintain 100 bus shelters, at locations agreeable with the City. Chancellor would advertise at these locations, and would pay an estimated $79,500 to the City in addition to the installation and maintenance costs. This proposal would increase customer comfort, convenience, and safety throughout Fort Collins much more rapidly than if the City were to attempt to provide this same service. This proposal includes securing the right-of-way, construction of the bus shelter pad, supplying electricity for shelter lighting, installing the shelter and any amenities (bike racks, waste baskets, benches signs, etc), and site maintenance, such as weekly trash removal, shelter repair, and monthly shelter washing. These services exceed,greatly, the serviceprovidedbyTransfort/Dial-A-Ride. Currently, there are 33 bus shelters, which are washed 2-3 times per year, only a few have trash receptacles, and none are lighted. The Transfort/Dial-A-Ride budgets for an additional six bus shelters each year. Even though the Chancellor Media offer is very attractive, if this concept is acceptable, the City would solicit competitive bids for the bus shelter contract. For the 5 test sites, the City would negotiate with Chancellor for installation. The major resistance to this proposal is the advertising on bus shelters. There is definite opposition in Fort Collins to this advertising and stafffully expects public opposition to this concept." Councilmember Wanner made a motion, seconded by Councilmember Mason, to adopt Ordinance No. 192, 1999 on First Reading. Councilmember Mason spoke regarding the discussions of the Growth Management Committee regarding this agenda item. He expressed a concern regarding adding signage on the transportation corridors. The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Byrne, Kastein, Martinez, Mason, Wanner and Weitkunat. Nays: None. THE MOTION CARRIED. Other Business Councilmember Byrne spoke regarding support for the Colorado Municipal League position regarding growth management legislation and requested preparation of a Resolution for Council consideration addressing some limitations in the CML proposals. 74 December 7, 1999 Councilmember Weitkunat noted that she has received a number of calls expressing complaints regarding cable television issues. Mayor Martinez asked when Council would be considering a Resolution setting out time limits. December 21,1999 Council Meeting Canceled Councilmember Wanner made a motion, seconded by Councilmember Weitkunat, to cancel the December 21, 1999 regular Council meeting. The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Byrne, Kastein, Martinez, Mason, Wanner and Weitkunat. Nays: None. THE MOTION CARRIED. Adjournment Councilmember Wanner made a motion, seconded by Councilmember Mason, to adjourn to December 14, 1999 at 6:30 p.m. The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Byrne, Kastein, Martinez, Mason, Wanner and Weitkunat. Nays: None. THE MOTION CARRIED. The meeting adjourned at 10:35 p.m. ATTEST: 75