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HomeMy WebLinkAboutMINUTES-01/15/2002-RegularJanuary 15, 2002 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, January 15, 2002, at 6:00 p.m. in the Council Chambers of the City of Fort Collins City Hall. Roll Call was answered by the following Councilmembers: Bertschy, Hamrick, Kastein, Martinez, Tharp, Wanner and Weitkunat. Staff Members Present: Fischbach, Krajicek, Roy. State of the City Annual Report City Manager Fischbach presented a seventeen -minute State of the City Annual Report videotape. He stated that this is a joint report from the City Manager and the Mayor. Citizen Participation Tim Johnson, 1337 Stonehenge Drive, submitted a written requestfor records regarding City Council expenses for 1998 to 2001. He requested that these records be made available by January 25 and that the records be itemized for each Councilmember. Laurie Brunswig spoke regarding the Council decision regarding the Bennett School park site issue and the West Central Neighborhood Plan. She stated that there is a critical need for parks in this area. She requested that Council re -vote on this issue. Valerie McIntyre, 1217 Springfield Drive, spoke regarding the Bennett School park site issue and the West Central Neighborhood Plan. She stated that the issue that Council should have discussed was not whether there was funding available for the park but whether the City would support the development of a park on this land if creative funding options could be found. She stated that several policies of City Plan have not been followed in relation to the proposed development. She asked that Council reconsider its vote on the matter. Lloyd Walker, 1756 Concord Drive, stated that he was a participant in development of the West Central Neighborhood Plan. He spoke regarding the high density and high CSU student population of the area and stated that green space is important for the area. He asked that the City provide adequate funding for a park in this area to mitigate some of the problems created by high density. He suggested that the full Council vote on the matter since several Councilmembers were not present at the January 8 meeting. 367 January 15, 2002 Citizen Participation Follow-up Councilmember Hamrick spoke regarding Mr. Johnson's request for information about Council expenses. He suggested that Council discuss the current policy and consider a cap for expenses. Councilmember Kastein asked staff to determine what the requirements are to compile the information requested by Councilmember Hamrick and Mr. Johnson. City Manager Fischbach stated that because a formal request has been received for the information that staff has the obligation to spend the time and money to obtain those records. City Attorney Roy stated that he would review the request to determine if the records exist in the form in which they have been requested, and if so that there are three business days in which to respond unless there are extenuating circumstances. He noted that fees can be charged for copies. City Manager Fischbach stated that 1999-2001 records are readily available and that these records for 1998 are not readily available due to the conversion to a new financial system and that a manual records search will be required to obtain this 1998 information. Councilmember Tharp asked if Council would reconsider the Bennett School park site decision. City Attorney Roy stated that if four Councilmembers want to take an action that the action can be taken. He stated that under Other Business any Councilmember could ask the Council to revisit the issue and if four Councilmembers are in agreement the issue can be revisited. Councilmember Bertschy noted that he had several questions regarding the Bennett School issue and requested a two -page memo with regard to the binding effect of a neighborhood plan. Agenda Review City Manager Fischbach stated that, assuming the ordinance is adopted on First Reading, a change will be made to Ordinance No. 3, 2002 on Second Reading (item 421) to delete the eighth "Whereas" clause of the ordinance. CONSENT CALENDAR Second Reading of Ordinance No. 212, 2001, Amending Chanters 23 and 28 of the City Code so as to Permit the Use of Motorized Wheelchairs and Similar Assistive Devices on Citv Sidewalks and Trails. Staff has noted that the provisions of certain sections of Chapters 23 and 28 of the Code appear to preclude the use of motorized wheelchairs on City trails and City sidewalks. Title II of the Americans with Disabilities Act requires that the City make reasonable accommodation in the use of its facilities for persons with a disability. January 15, 2002 Ordinance No. 212, 2001, which was unanimously adopted on First Reading on December 18, 2001, amends the Code so as to clearly permit persons using motorized wheelchairs and similar assistive devices to operate them on City sidewalks and trails. 8. Second Reading of Ordinance No. 213. 2001, Authorizing Eminent Domain Proceedings to Acquire Parcel #9701312005 for Construction of Redwood Street and Convevance of Remainder Property. Ordinance No. 213, 2001, which was unanimously adopted on First Reading on December 18, 2001, authorizes the acquisition of Parcel 49701312005 by eminent domain proceedings to complete the construction of Redwood Street between Conifer and Vine Drive. 9. Second Reading of Ordinance No. 214, 2001, Vacating Two Portions of Right -of -Way as Dedicated on the Plat of Rigden Farm, Filing One. This Ordinance, which was unanimously adopted on First Reading on December 18, 2001, vacates the rigbt-of-way for two street stubs that were originally dedicated in the Rigden Farm, Filing One, these stubs are no longer necessary. 10. Items Relating to the Paradigm Properties Annexation. A. Second Reading of Ordinance No. 215, 2001, Annexing Property Known as the Paradigm Properties Annexation. B. Second Reading of Ordinance No. 216, 2001, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Paradigm Properties Annexation. On December 18, 2001, Council unanimously adopted Resolution 2001-162 Finding Substantial Compliance and Initiating Annexation Proceedings for the Paradigm Properties Annexation. On December 18, 2001, Council also unanimously adopted Ordinance No. 215, 2001 and Ordinance No. 216, 2001, annexing and zoning 16.848 acres located south of East Prospect Road, east of Interstate 25, and west of McLaughlin Lane. The property is largely undeveloped except for the Fort Collins Motorsport retail operation (motorcycles, ATV's, snowmobiles, and ski-doos) at the southwest corner of the site. It is in the C - Commercial Zoning District in Larimer County. The requested zoning in the City is C - Commercial. 369 January 15, 2002 APPLICANT: Hattman Associates c/o Ric Hattman 145 West Swallow Road Fort Collins, CO. 80525 OWNER: Paradigm Properties, LLC c/o Jeff A. Hill 2186 Knoll Drive Ventura, CA. 93003 11. Second Reading of Ordinance No. 217, 2001, Amending the Zoning Map of the City of Fort Collins by Changing the Zoning Classification for That Certain Provertv Known as the Front Range Rezoning. Ordinance No. 217, 2001, which was unanimously adopted on First Reading on December 18, 2001, amends the Zoning Map by the changing zoning classification for the Front Range Rezoning. 12. Resolution 2002-001 Approving the Purchase of Two Elgin Eagle Series F Street Sweeper Bodies from Faris Machinery as an Exception to the Competitive Procurement Process. The Streets Department switched to using Elgin truck -mounted sweepers in the mid -nineties. Sweeping costs in 1995, prior to the switch, were $28.75 per lane mile. In 2001 that cost had fallen to $23.01 per lane mile. The reduction in costs are due to several factors. The sweeper unit is powered by a separate diesel engine and is totally independent of the truck power plant. This makes for a more flexible application and less stress on the sweeper systems, minimizing breakdown and repair. Fleet Service stocks those parts which are most often needed to maintain the machines but does not need to stock parts for other, dissimilar sweepers. Mechanic and operator training is focused on a single machine, leveraging the City's investment in this pool of experience. The two units to be purchased are to replace machines reaching the end of their service life. Previous Elgin Eagles have been procured using State or other public entity bids. No such bids have been awarded recently enough to be used for this purchase. In addition, because of the solid performance and superior service provided by the Eagle sweepers, staff would like to continue to standardize on this type of machine for the foreseeable future. Section 8-161 of the Code states that any exemption to the use of competitive bidding in excess of $100,000 must be approved by the City Council. 370 January 15, 2002 This Resolution will authorize the purchase of two Elgin Eagle Series F street sweeper bodies as an exemption to the use of competitive bid or proposal as provided in Section 8-161(d)(4). 13. Resolution 2002-002 Approving the Purchase of Special Rotary Hydrated Lime from Mississippi Lime, Liquid Aluminum Sulfate from General Chemical. Cationic Polymer from Aqua Ben and 60%Calcium Carbonate/40%Magnesium Hvdroxide from ACM Comoration as Excentions to the Competitive Procurement Process. The Fort Collins Water Treatment Facility (FCWTF) is requesting to purchase from Mississippi Lime, special rotary hydrated (SRH) lime for alkalinity addition or pH adjustment. Mississippi Lime has been the vendor in the past and is an excellent vendor. Pricing of this product has changed little in the last four years. The SRH lime is a food grade lime that mixes with the water to achieve the correct pH faster and causes less sludge at the bottom of the mixing tanks. Other types of lime require more product to attain the necessary pH and require the mixing tanks to be cleaned more often due to the faster accumulation of non -mixed lime sludge. The FCWTF has also experienced performance problems with the lime feeder. Through experimentation of different brands, purity, and density of lime, the WTF found that the SRH lime significantly reduced the feeder performance problems by eliminating deposits of lime on all interior surfaces of the mix tanks. A mixture of lime and carbon dioxide is used in the water stabilization program to inhibit corrosion in the water distribution plumbing. To this date, the City has not been able to find another company that makes special rotary hydrated lime. The Fort Collins Water Treatment Facility (FCWTF) is also requesting to purchase liquid aluminum sulfate (Alum) from General Chemical for use as the primary coagulant. Delivery of alum is required within 24-hours after order placement; therefore proximity of the supply source is a primary concern. General Chemical has been the City's vendor in the past and is an excellent vendor. Pricing of this product has not changed in the last three years. The proximity of the manufacturing facility in Denver assures continuity of supply that cannot be attained from other sources; also, weight of the product in liquid form causes transportation cost to be a major cost factor. Fort Collins Water Reclamation is also requesting approval to purchase from Aqua Ben our cationic polymer for dewatering the centrifuge and dissolved air floatation processes. To date, the 686N polymer is the only one tested extensively in our centrifuges and approved with satisfactory results. This product is stored in close proximity to our site and available within 24 hours between order and delivery. Aqua Ben has provided consistent performance, timely delivery, and consistent product characteristics. Fort Collins Water Reclamation is also requesting approval to purchase from ACM Corporation the 60% Calcium Carbonate/40% Magnesium Hydroxide product for pH 371 January 15, 2002 control. The 60/40 Nutracite is a dry, mined product that works very well in the secondary system for pH elevation. Due to the extra cost of hauling water, we are migrating to the dry product. This vendor is the only one that supplies this product. This product is also much safer to handle than other chemicals (i.e. sodium hydroxide) and is not as hydroscopic as other dry alternatives. Section 8-161 of the Code states that any exemption to the use of competitive processes in excess of $100,000 must be approved by the City Council. The Resolution will authorize the purchase of these chemicals as an exemption to the use of competitive bid or proposal as provided in Section 8-161(d)(4). 14. Resolution 2002-003 Setting Forth the Intention of the City to Assign its Year 2002 Private Activity Bond Allocation to the Colorado Housing and Finance Authority to Finance Multi - Family Housing Revenue Bonds for the Caribou Apartments Project. In early December 2001, Mr. Marc Hendricks and Mr. Rodger Hara, representatives of the Caribou Apartments Project (the "Project"), contacted staff members of the Advance Planning and Finance Departments. They have requested the City consider assigning its annual allocation of private activity bonds to the Colorado Housing and Finance Authority ("CHFA") for the purpose of acquiring property, constructing and equipping a multi -family housing project in the northeast part Fort Collins. This development would qualify as an Affordable Housing Project. The project is located near the corner of the intersection of Timberline and Caribou Roads. A total of 192 dwelling units will be included in the project. Of the total, 87 (45%) of the units will be affordable to persons whose incomes do not exceed 60% of the Area Median Income, which include 14 units reserved for families whose incomes do not exceed 50% of the ANIL The remaining units will be leased at market rental rates. Adoption of this Resolution would allow CHFA to issue up to $16 million in tax-exempt private activity bonds for the purpose of constructing the project. The issuance is contingent on the Project using an additional allocation from CHFA. The proposal is consistent with the City's adopted policies regarding the issuance of multi -family rental housing bonds. The Affordable Housing Board reviewed the project at its meeting on January 3, 2002. The Board supports the proposal. 15. Resolution 2002-004 Stating the Intent of the City of Fort Collins to Annex Certain Property and Initiating Annexation Proceedings for Such Property to be Known as Fossil Lake Annexation No. 1. The Fossil Lake Annexation No. 1 consists of approximately 2.396 acres of publicly and privately owned property. This annexation includes a 693.5 foot long portion of the Kechter Road right-of-way, and a 28.55 feet wide strip of land along the eastern portion the Fossil Lake PUD 2nd Filing subdivision. The recommended zoning is the LMN—Low-Density 372 January 15, 2002 Mixed Use Neighborhood. The property is located within the Fossil Creek Reservoir Area Plan. 16. Resolution 2002- 005 Stating the Intent of the City of Fort Collins to Annex Certain Property and Initiating Annexation Proceedings for Such Property to be Known as Fossil Lake Annexation No. 2. The Fossil Lake Annexation No. 2 consists of approximately 9.171 acres of publicly and privately owned property. This annexation includes a 905 foot long portion of the Kechter Road right-of-way, a 1870 foot long portion of Ziegler Road, and several narrow strips of land along the eastern, northern, and western edges of the Fossil Lake PUD 2nd Filing subdivision. The recommended zoning is the LMN-Low-Density Mixed Use Neighborhood. The property is located within the Fossil Creek Reservoir Area Plan. 17. Resolution 2002-006 Stating the Intent of the Citv of Fort Collins to Annex Certain Property and Initiating Annexation Proceedings for Such Property to be Known as Fossil Lake Annexation No. 3. The Fossil Lake Annexation No. 3 consists of approximately 274.236 acres of publicly and privately owned property. This annexation includes the remaining portion of the Fossil Lake PUD 2nd Filing (that was not part of Fossil Lake Annexations 1 or 2), and the entirety of Fossil Lake PUD 1 st Filing. The recommended zoning is a combination of the LMN—Low- Density Mixed Use Neighborhood district, the UE—Urban Estate district, and the T—Transition district. The property is located within the Fossil Creek Reservoir Area Plan. 18. Resolution 2002-007 Making Amendments to the Boards and Commissions Manual. The City Clerk's Office annually prepares a manual for members of boards and commissions which includes membership lists, descriptions of each board and commission, meeting schedules, conflict of interest guidelines, appeal procedures, and general information regarding membership limitations, attendance policies and other responsibilities. On February 20, 2001, Council adopted Resolution 2001-26, adopting the 2001 Boards and Commissions Manual. A subsection entitled "Conduct of Meetings" was inadvertently omitted from the 2001 Boards and Commissions Manual. Also, clarification regarding quorums has been requested by several boards and commissions. Two new subsections are being added to the "Meeting Responsibilities" section of the Manual to correct the omission and to provide a policy regarding meeting quorums. 373 January 15, 2002 19. First Reading of Ordinance No. 001 , 2002, Clarifying the Description of Ditch and Pipe Line Rights -of -Way Previously Abandoned by the City in Accordance with Ordinance No. 25, 1999. In 1999, the City Council formally recognized the abandonment of certain rights -of -way that had been granted to the City 1882, as of 1906. The City then disclaimed its interest in the underlying property, subject to two water line easements for existing water pipelines on that property. Since that time, the owner of the property has discovered an error in the legal description used to quiet his title in the property in 1999. As a result, a new quiet title action has been initiated, based on the corrected legal description of that property. In order to confirm that the 1882 rights on the property as correctly described were abandoned by the City as of 1906, subject to correction of the 1999 water line easements if necessary, this Ordinance expressly acknowledges that abandonment by reference to the corrected legal description. Upon completion of the Ordinance, the City will disclaim its interest in the subject 1882 rights -of -way on the newly described property in the quiet title action that has been filed by the property owner. 20. First Reading of Ordinance No. 002. 2002, Appropriating Unanticipated Grant Revenue in the General Fund for the Landmark Preservation Commission and Staff Education and Training. The City of Fort Collins is recognized by the Colorado Historical Society as a Certified Local Government, and as such, is eligible once a year for grants financed in part by Federal funds from the National Historic Preservation Act. The Advance Planning Department submitted an application that resulted in the award of a $2,970 grant, with no local match required, for the purpose of Landmark Preservation Commission and staff education and training. The grant funds will be used to send Commission members and staff to Colorado Preservation, Inc.'s statewide "SAVING PLACES 2002: Preserving Public Places" conference in Denver, January 30 — February 2. This is the largest statewide preservation conference in the country, and includes the first ever National Alliance of Preservation Commission's day -long preservation commissioner "CAMP." 21. First Reading of Ordinance No. 003.2002, Appropriating Unanticipated Grant Revenue in the Recreation Fund to be used for General Operating Support for the Adaptive Recreation Opportunities Program Recreation Works Project. Colorado State University's Center for Community Participation ("CSU") and the City's Adaptive Recreation Opportunities ("ARO") program have worked together to provide a total experience for people with disabilities. CSU provides employment evaluation, training, and placement assistance while the ARO program provides evaluation and transition into recreational pursuits. This process helps address the needs of the "whole" person rather than focusing on a specific area. By addressing a variety of areas, the individual is well rounded and is better able to fully integrate into the community. 374 January 15, 2002 The City will be reimbursed through CSU, the primary grant recipient, in the amount of $123,742, during the three-year grant period, for the City's share of the expenses associated with the Recreation Works Project. The Recreation Division is requesting that Council appropriate $123,742 into the Recreation Works Project for the three-year grant period. 22. Items Relating to the Appropriation of Miscellaneous Revenues for Police Services. A. First Reading of Ordinance No. 004, 2002, Appropriating Unanticipated Revenue in the General Fund for the Police Services/Rape Aggression Defense Self -Defense Program. B. First Reading of Ordinance No .005, 2002, Appropriating Unanticipated Grant Revenue in the General Fund for the Police Services Victim Services Team. C. First Reading of Ordinance No. 006, 2002, Appropriating Unanticipated Grant Revenue in the General Fund for the Police Services Crime Prevention Unit for "Kid I.D. Kits." Private Donation: The Fort Collins Police Services Victim Services Team has been given $5,000 from a private donor to be used exclusively for the R.A.D. (Rape Aggression Defense) Self -Defense program. The Victim Services Team spent a great deal of time researching different types of self defense programs which could be offered to female victims of crime, as well as other community members, once there we had adequate numbers of instructors. In light of the recent serial sexual assault cases, the requests made to Police Services for self defense training were more than it could handle. The donor wishes the monies to be used to train additional certified self-defense instructors (members of the Victim Services Team and/or law enforcement officers), purchase additional equipment needed for the training, and to compensate certified instructors with the Victim Services Team for its time spent teaching these classes. Victims and Law Enforcement (V.A.L.E.) Board Grant: The Fort Collins Police Services Victim Services Team has been awarded a one-year grant in the amount of $19,000 for the period of January 1 to December 31, 2002, by the Eighth Judicial District Victims and Law Enforcement (V.A.L.E.) Board to help fund services provided by this team. These funds will be used to compensate a part-time paid victim advocate who provides crisis intervention services during weekday hours and is housed in the Victim Services office, as well as to pay for some of the operational expenses needed to provide services to victims of crime in our community. Previous V.A.L.E. grant awards received were $19,500 in 1998, and $19,000 for 1999, 2000, and 2001. Corporate Grant: The Fort Collins Police Crime Prevention Unit has been awarded a Community Involvement Grant in the amount of $1,000 from the Target Foundation. 375 January 15, 2002 Many requests have been received from the community for "Kid I.D. Kits" for the purpose of maintaining a record of children's growth and changes. These booklets contain photos and fingerprints of children and can be updated annually by the parent for 8 years. These booklets are then kept at home with other important family records. These can prove invaluable in the event that the child is missing. The monies will be used to purchase a Biometric Access fingerprint capture with USB attachment to a laptop computer (eliminating messy ink), digital camera, a color printer, and printing costs for the booklet. 23. First Reading of Ordinance No. 007, 2002, Appropriating Unanticipated Grant Revenue in the Open Lands Great Outdoors Colorado Revenue Fund for Natural Area Acquisition Reimbursements. "Ute Farm" and "One Putt," portions of the Long View Farm Open Space, were purchased in 1997 by Latimer County, City of Loveland, and City of Fort Collins. The three owners recently completed documentation required to receive grant funds from Great Outdoors Colorado Trust Fund (GOCO) to assist in the purchase of the property. The City of Fort Collins' portion of the grant is $133,320. Sauer Open Space was purchased in 2000 by the City of Loveland, Latimer County, and the City of Fort Collins. The three owners recently completed documentation required to receive grant funds from (GOCO) in the amount of $500,000, the entire grant coming to the City of Fort Collins. These grants were received into the Open Lands Great Outdoors Colorado Revenue Fund and are to go into the Open Lands Acquisition Fund. 24. First Reading of Ordinance No. 008, 2002, Appropriating Unanticipated Revenue in the Transit Fund to Market the PassFort Bus Pass Program in the Local Transportation Demand Management Program. An application for funding to promote the Transfort PassFort program was approved in 2001 by CDOT and is included in CDOT's 2002 budget. Transfort has developed and offered an "eco pass" called PassFort for businesses to purchase for their employees. So far, promotion of this pass has been through introduction by the Transfort marketing analyst or business outreach specialist in a one-to-one marketing pitch. Staff has found that direct business outreach is the most effective way to reach the greatest number of employees and get the most "bang for the buck." As a result, staff has proposed a more concentrated effort on promoting the Transfort Passfort passes to employers as an effective strategy to increase modal shift in Fort Collins and to provide an effective tool in the business outreach toolbox. 376 January 15, 2002 25. First Reading of Ordinance No. 009, 2002. Appropriating Unanticipated Grant Revenue in the General Fund for Fort Collins Build a Generation. Fort Collins Build a Generation (FCBG), in collaboration with Healthier Communities Coalition, is committed to using risk -focused prevention and the results of its planning process as the primary tool to determine what strategies, programs, policies, and resources should be deployed to decrease risk and enhance protection for Fort Collins' youth. FCBG's risk assessment conducted in 1996 indicated that family management problems, family conflict, and the early initiation of problem behavior put youth in Fort Collins at risk for becoming pregnant, dropping out of school, engaging in delinquent behavior, using and/or abusing drugs and alcohol and witnessing or engaging in violent behaviors. Build a Generation will use this funding year to finalize the development and implementation of a comprehensive, strategic prevention plan. This plan will be developed and implemented to: (1) address gaps identified from its data assessments; (2) promote the implementation of research -based programs; (3) build upon what already exists in programs and services; (4) promote awareness of risk and protective factors; (5) use as leverage when applying for and making recommendations regarding resources; (6) influence public policy regarding the prevention of adolescent problem behaviors; and (7) increase cohesiveness among existing li[ RO1!1(KIIY 26. First Reading of Ordinance No. 010, 2002, Appropriating Proceeds from the Issuance of City of Fort Collins, Colorado, Stormwater Utility Enterprise, Storm Drainage Revenue Bonds, Series 2002, Dated February 1, 2002, in the Aggregate Principal Amount of $12,300.000. The Board of the Stormwater Utility Enterprise is scheduled to consider at its meeting, subsequent to the meeting of the City Council, Ordinance No. 6 of the Board authorizing the issuance of City of Fort Collins, Colorado, Stormwater Utility Enterprise, Storm Drainage Revenue Bonds, Series 2002, Dated February 1, 2002, in the Aggregate Principal Amount of $12,300,000 (the "Bonds"). Authorizing the issuance of the Bonds and appropriating the proceeds are both necessary to complete the bond transaction. This Ordinance appropriates the proceeds of the Bonds, contingent upon the final approval and issuance of the Bonds. 27. Routine Deeds and Easements. A. Easement for construction and maintenance of public utilities from Harl P. and Audria Clark, to install a transformer bank to underground existing overhead electric system, located at 334 East Oak Street. Monetary consideration: $420. Staff: Patti Teraoka. B. Deed of dedication for right-of-way from Bruce Froseth, for a permanent right-of- way for public street purposes, located on West Mountain Avenue between South Sherwood and South Meldrum Streets. Monetary consideration: $15. Staff: Katie Moore. 377 January 15, 2002 ***END CONSENT*** Ordinances on Second Reading were read by title by City Clerk Krajicek. Second Reading of Ordinance No. 211 2001, Amending Chanters 23 and 28 of the City Code so as to Permit the Use of Motorized Wheelchairs and Similar Assistive Devices on City Sidewalks and Trails. 8. Second Reading of Ordinance No. 213. 2001, Authorizing Eminent Domain Proceedings to Acquire Parcel 49701312005 for Construction of Redwood Street and Conveyance of Remainder Property. 9. Second Reading of Ordinance No. 214, 2001, Vacating Two Portions of Right -of -Way as Dedicated on the Plat of Rigden Farm, Filing One. 10. Items Relating to the Paradigm Properties Annexation. A. Second Reading of Ordinance No. 215, 2001, Annexing Property Known as the Paradigm Properties Annexation. B. Second Reading of Ordinance No. 216, 2001, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Paradigm Properties Annexation. 11. Second Reading of Ordinance No. 217. 2001, Amending the Zoning Map of the City of Fort Collins by Changing the Zoning Classification for That Certain Property Known as the Front Range Rezoning. Ordinances on First Reading were read by title by City Clerk Krajicek. 19. First Reading of Ordinance No. 001 , 2002, Clarifying the Description of Ditch and Pipe Line Rights-of-Wav Previouslv Abandoned by the Citv in Accordance with Ordinance No. 25, 1999. 20. First Reading of Ordinance No. 002. 2002. Appropriating Unanticipated Grant Revenue in the General Fund for the Landmark Preservation Commission and Staff Education and Training. 21. First Reading of Ordinance No. 003.2002, Appropriating Unanticipated Grant Revenue in the Recreation Fund to be used for General Operating Support for the Adaptive Recreation Opportunities Program Recreation Works Project. 378 January 15, 2002 22. Items Relating to the Appropriation of Miscellaneous Revenues for Police Services. A. First Reading of Ordinance No. 004, 2002, Appropriating Unanticipated Revenue in the General Fund for the Police Services/Rape Aggression Defense Self -Defense Program. B. First Reading of Ordinance No. 005, 2002, Appropriating Unanticipated Grant Revenue in the General Fund for the Police Services Victim Services Team. C. First Reading of Ordinance No. 006, 2002, Appropriating Unanticipated Grant Revenue in the General Fund for the Police Services Crime Prevention Unit for "Kid I.D. Kits." 23. First Reading of Ordinance No. 007, 2002, Appropriating Unanticipated Grant Revenue in the Open Lands Great Outdoors Colorado Revenue Fund for Natural Area Acquisition Reimbursements. 24. First Reading of Ordinance No. 008, 2002, Appropriatinv Unanticipated Revenue in the Transit Fund to Market the PassFort Bus Pass Program in the Local Transportation Demand Management Program. 25. First Reading of Ordinance No. 009, 2002. Appropriating Unanticipated Grant Revenue in the General Fund for Fort Collins Build a Generation. 26. First Reading of Ordinance No. 010, 2002, Appropriating Proceeds from the Issuance of City of Fort Collins, Colorado, Stormwater Utility Enterprise, Storm Drainage Revenue Bonds, Series 2002, Dated February 1, 2002, in the Aggregate Principal Amount of $12,300,000. 31. First Reading of Ordinance No. 0 11 , 2002. Appropriating Unanticipated Revenue for the Epic Studio Ice Rink Project and Authorizing the Proiect to Proceed. 32. First Reading of Ordinance No. 012.2002, Appropriating Unanticipated Grant Revenue in the Capital Projects Fund Traffic Signal Timing Svstem Project to Be Used for Installation of the Fiber Optic Communication System for the New Traffic Signal System. Councilmember Bertschy made a motion, seconded by Councilmember Tharp, to adopt and approve all items on the Consent Calendar, with the inclusion of the revision to Ordinance No. 3, 2002 referenced by the City Manager. The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Hamrick, Kastein, Martinez, Tharp, Wanner and Weitkunat. Nays: None. THE MOTION CARRIED 379 January 15, 2002 Consent Calendar Follow-up Councilmember Bertschy stated that a number of Consent Calendar items pertain to grants received by the City and that it would be of interest to Council and citizens to receive a summary of grant monies received by the City. Councilmember Reports Councilmember Wanner reported on Growth Management Committee discussions relating to a report on the EPA study done in the Downtown River Corridor and the City Plan and Transportation Master Plan update. Councilmember Kastein reported on the North Front Range Transportation and Air Quality Planning Council discussions pertaining to an open house co -hosted by the MPO and CDOT to gather public input on ideas and projects for a second generation of statewide strategic transportation funding. He stated that the consensus was to recommend significant corridors within the region as targets for this strategic projects list. He stated that the group also approved an MPO staff reorganization, an increase in the executive director's salary, and intergovernmental agreements with the Colorado Department of Transportation for two grants. He noted that he was elected Vice -Chair. He stated that the group will be requesting study session time for a presentation regarding regional transportation authorities. He noted that the Town of Milliken is now a member. Mayor Martinez stated that it had come to the attention of the Council that Councilmember Eric Hamrick has allegedly disclosed to a member of the public, without authorization, information that was discussed in Council executive session having to do with the performance review of one of Council's employees. He asked if there was a recommendation by a Councilmember to send this to the Ethics Review Board for consideration of this matter and recommendation to Council. Councilmember Hamrick stated that he would have a statement to make. Councilmember Bertschy stated that he had raised the question initially and read the following prepared statement: "I raised this issue as a witness to what I felt to be a question of breach of confidentiality of information from an executive session by Mr. Hamrick. I wish to further explain the reason behind this question because it raises, in my estimation, broader issues related to our understanding of the purpose and use of executive sessions, the issue of open government, the issue of the public's right to know, and finally the trust and working relationship we have as a Council. I work for the State, and in our working culture we treat personnel matters as confidential. In addition, I have operated on City Council with the understanding, if not belief, that these matters when discussed in an executive session, are confidential. Therefore, for me the important review questions are these. In the interest of open government, what are the legal purposes of executive session? And what information is considered to be confidential in the course of an executive session? It has come to my attention that there may be allegations that I committed the same offense as Mr. Hamrick. I have no recollection of this happening, but I submit myself as part of this review 180 January 15, 2002 because I certainly expect no different treatment that what I have raised by this issue. I am a member of the Ethics Review Board but will not serve in this capacity during any reviews of this issue." Mayor Martinez asked if the City Clerk would arrange for a meeting of the Ethics Review Board. Councilmember Hamrick made the following statement: "First, I want to let the public know this issue is not new. Council and Council staff has discussed this issue for over the past two months. The reason this issue is coming up tonight is that I have refused to make a public apology in regard to this situation. An apology is not warranted, nor is it forthcoming from me. I have done nothing ethically or legally wrong in this situation. If an apology is warranted, the City Council should apologize for conducting public business in private. The issue is not whether I mentioned information discussed in executive session. The issue is the increasing tendency of City Council to conduct public business in private under the pretense of confidentiality and attorney -client privilege. There are occasions when certain information should be held in strict confidence. But not all types of information discussed in executive session are, or should be, considered confidential. A key question that needs to be answered, and will not be answered in the ethics review, is whether all information discussed in executive session should be considered confidential. A secondary question concerns the right of a City Councilmember to release information he or she deems to be public in nature and would not harm the interests of the City. A third question concerns the appropriateness of discussing certain types of information discussed in executive session. I believe the public has a right to know what information is truly confidential in nature. Executive sessions should not be used as a way to conceal public information from the public. Public information should be discussed in public. Second, although I have never seen the allegation, I believe the information in question concerns discussions held in executive session regarding the pay increase for the City Manager. After reviewing the relevant sections of the City Council Handbook, City Code, and State statutes with legal counsel, it has reaffirmed my belief that I did not do anything ethically or legally wrong in this situation. I find it troubling that Council would hold public discussions of this type in executive session. Third, I find it deeply disturbing the way this situation has been handled. On November 26, a confidential memo was sent from the City Attorney to the rest of the City Council advising them of this allegation and action they could take in response to this allegation. Although I have repeatedly asked, I have not been allowed to see this memo. In an executive session held on the 27`h, Council discussed this allegation and the action they may want to take in response to this allegation. Because I was pressured to leave, I am not aware of the specific information discussed in this executive session. It is interesting to note that the City Manager inappropriately remained in the executive session during this discussion. Although I am sure the discussions held in this executive session focused on the specific allegation against me, I was not allowed to respond to the rest of Council in this matter. After this executive session, I was informed that Council had requested that I make an apology concerning an alleged breach of confidentiality. I want the Council and the public to know that I welcome a clarification around executive sessions, confidentiality, and the public right to know. However, I believe that there are other issues that need to be investigated as well. A simple review by the Ethics Review Board will not resolve these issues. Let me just name a few. Over the past two months, the Council and City Attorney have withheld information from a fellow City Councilmember. I have repeatedly asked for a confidential memo that was sent from the City Attorney to the rest of Council pertaining to these allegations. An executive session 381 January 15, 2002 was held that included discussions of a fellow City Councilmember, which is not allowed by City ordinance. I was asked and pressured to leave the executive session concerning these allegations. As I mentioned before, the City Manager was allowed to stay during this executive session to discuss allegations concerning their employer. And the question I have is why should the City Council employees sit in on discussions of one of their employers. Discussions were held outside of the executive session concerning matters that were discussed in executive session. Also in the past there have been misuse and there has been lack of clear or standard policy regarding confidentiality and executive sessions. There has been previously released confidentiality of information released by staff and also there have been violations of open meeting laws in the past that have not been investigated. Our energy should be better spent advancing the public right to know, advancing open government, and minimizing the need for doing public business in private. If this does indeed go to the Ethics Review Board as recommended then I call on a full investigation of these issues." Ordinance No. 011, 2002 Appropriating Unanticipated Revenue in the Building Community Choices EPIC Second Sheet of Ice Capital Project and Authorizing the Project to Proceed, Adopted on First Reading. The following is staff s memorandum on this item. "Executive Summary In 1997, the voters approved Ordinance No. 31, 1997, which provided for a Studio Ice Rink at the Edora Pool & Ice Center as part of the Building CommunityChoices (BCC) capital improvements program. The Ordinance required a public/private partnership for this project, by making the project contingent upon the private sector providing funding or in -kind contributions for at least 22% of the estimated cost of the project, as determined by the City Council. Under this formula, 78% of the project costs would be provided through BCC tax revenues. In November 2001, the City Council adopted the 2002 annual budget, which includes S3,273,801 from Building Community Choices tax revenues for this project. Based on the competitive purchasing process for the project, staff has estimated that the Studio Ice Rink project will cost S3,932,435 (including $3, 370, 674for design/build and $561, 761 for equipment/furnishings), unless project quality is enhanced through additional funding. If additional private contributions are raised prior to completion of Final Design,for the project (approximately July 2002) Citystaff will return to the City Council to request that additional private donations be appropriated for this project, and to request that the City Council approve the increased project cost and the expenditure of the additional $206,502 that has already been appropriated as part of the 2002 Budget. This would enhance the quality of the project using the balance of BCC funds to match the private donations. Given the currently estimated total project cost, this Ordinance appropriates the existing private sector cash contributions in the amount of $836, 636, together with in -kind contributions valued at $28, 500 (which are being appropriated to allow for more complete accounting of the total project 382 January 15, 2002 cost) for a total appropriation of $865,136, or 22% of the estimated project cost. The Ordinance also authorizes the project to proceed. The following chart represents the status of the fundraising efforts by the private sector and how the fundraising affects City funds available: PRIVATE CITY (BCC) TOTAL MATCH FUNDS CURRENT $865,136 $3,067,299 $3,932,435 PROJECT (cash = $836,636) ESTIMATES (in -kind = $28,500) POSSIBLE ADDITIONAL $58, 244 $206, 502 $264, 746 RESOURCES POSSIBLE FINAL PROJECT $923, 380 S3,273,801 $4,197,181 COST The easiest way to understand the private match funding requirement is that for every $1 donated by the private sector, approximately $3.55 is leveraged from BCC monies for the project. The maximum amount ofBCC money appropriated for this project that can be leveraged is $3, 273, 801. At this point, the private sector has leveraged $3, 067,299 in tax revenues. BACKGROUND: The Building Community Choices (BCC) capital improvements program was referred to the voters by the City Council in April 1997. The EPIC Studio Ice Rink was one of the items in this package and it was unique in terms of the public/private cooperative funding that was required. Materials provided voters described the project as: "A studio ice rink that will be smaller than the EPIC ice arena, will be added to enhance the EPICfacility. The new rink will provide more ice time for programs such as the city's learn -to -skate program, figure skating, youth and adult hockey and drop -in skating. " Ordinance No. 31, 1997, the relevant ordinance of the three BCC ordinances adopted by the voters for the various BCC projects, further states: "...the construction of the EPIC Studio Ice Rink Project shall be expressly contingent upon the City's receipt of supplemental funding, or in -kind contributions, for such project from the private sector, having a value of at least 22% of the estimated cost of the project as determined by the City Council. Said cost determination and the determination whether to proceed with the EPIC Studio Ice Rink Project shall be made by the City Council after receiving a report and recommendation from the City Manager and the City's Financial Officer, no later than December 31, 2005. " 383 January 15, 2002 Before adopting this Ordinance, the City Council must be assured that each of the requirements described in Ordinance No. 31, 1997, has been met. Requirement 1: "A studio ice rink, that will be smaller than the EPIC ice arena, will be added to enhance the EPIC facility. " The architect/builder selected through the City's RFP process has proposed that the City build an addition that will best meet the needs ofthe community in the long-term while also meeting the intent of the ballot language. The arena size —sheet of ice plus supporting facilities —for the proposed arena addition is 32,302 square feet, which is smaller than the 34,305 square feetfor the existing arena. The studio ice rink will be an addition to the existing EPIC facility. This requirement has been met. Requirement 2: "The new rink will provide more ice time for programs such as the city's learn -to - skate program, figure skating, youth and adult hockey and drop -in skating. " The proposed design of the new rink will accommodate all of the program needs authorized by the voters. In addition, the new rink will support public skate, women's hockey, senior coffee club and CSU club hockey. The size of the sheet of ice will accommodate all of these uses including adult hockey. This studio rink will be used as a support area for the existing rink and arena. The existing arena which has more seating, will be used for all skating activities as well as "main events" and "big games ". This requirement has been met. Requirement 3: "...the construction of the EPIC Studio Ice Rink Project shall be expressly contingent upon the City's receipt ofsupplemental funding, or in -kind contributions, for such project from the private sector, having a value of at least 22% of the estimated cost of the project as determined by the City Council. " Twice the Ice, a private fundraising group, will have given the City a checkprior to Second Reading of this Ordinance, executed in -kind pledge contracts totaling 528,500 and sold dasher board advertising and used other mechanisms to raise cash donations totaling 5836, 636, for total private contributions of $865,136. (A prior Council approved the sales of dasher board advertising as a mechanism for private fundraising, which is counted toward the private sector obligation.) Council's approval of this Ordinance will appropriate the dasher board revenue and the additional monies received and pledged from Twice the Ice (including the in -kind contributions, which are being appropriated to allow for more complete accounting of the total project cost) in the total amount of $865,136. A design build contract will be awarded, following approval of this ordinance, to construct the studio ice rinkfor a cost not to exceed 53,370,674. Items to furnish and complete the project add 5561,761. These items include the ice re -surfacer, scoreboard, clock, office furnishings and 384 January I5, 2002 equipment, testing, developmentfees, administration andcontingency. This is atotalprojectbudget of $3,932,435. This project can be adequately built in accordance with Ordinance No. 31, 1997, for this estimated project cost. In November 2001, the City Council adopted the 2002 annual budget, which includes $3,273,801 for this project. The 78% contribution from these BCC monies ($3, 067, 299) plus the private sector contribution creates a total budget for this project of $3, 932, 435. The amount received from Twice the Ice meets the 22% minimum requirement. This will leave $206,502 unspent in the BCC Studio Ice Rink account unless the private sector can raise additional contributions and the City Council chooses to increase the total project cost at a later date. The private sector, represented by Twice the Ice, has been very successful in fundraising if to date. Twice the Ice is confident that additional contributions can be raised. If additional private contributions are raised prior to completion of Final Design for the project (approximately July 2002) City staff will return to the City Council to request that additional private donations be appropriated for this project, and to request that the City Council approve the increasedproject cost and the expenditure of the additional $206, 502 that has already been appropriated as part of the 2002 Budget. These expenditures will enhance the quality of the project by adding various improvements, such as insulation to increase energy efficiency, a cleaner burning natural gas system for the ice re -surfacer, additional parking, additional seating, and shelving for the storage room. When the BCC program terminates after December 31, 2005, any BCC funds remaining unspent for this project may be used by the Council for other projects in accordance with the BCC ordinances adopted by the voters. This requirement has been met. Requirement 4: "Said cost determination and the determination whether to proceed with the EPIC Studio Ice Rink Project shall be made by the City Council after receiving a report and recommendation from the City Manager and the City's Financial Officer, no later than December 31, 2005. " The submission of this Ordinance for Council 's consideration constitutes a recommendation from the City Manager and the City's Financial Officer that the total estimated cost for the Studio Ice Rink project be determined to be $3,932,435, that 22% of the estimated project cost has been contributed by the private sector, and that the project be allowed to proceed on that basis. This requirement has been met." City Manager Fischbach introduced the agenda item and stated that staff recommends that the City proceed on the Twice the Ice project. He stated that this is a voter approved initiative from Building Community Choices and that a citizen group has been working to raise funds that are required under the terms of the voter approved ordinance. 385 January 15, 2002 Mike Power, CLRS Director, presented background information regarding the agenda item. He spoke regarding the funds raised by citizens for the project. He stated that this is a viable project and that the proposed ordinance would appropriate the private sector's contribution for the project. He presented visual information showing the Edora Park and EPIC sites and the proposed ice rink expansion. He stated that the new facility would be roughly 2,000 square feet smaller than the current ice rink as required by the voter approved measure and that the expansion will provide more ice time for a wide range of users. He spoke regarding the contributions of the Twice the Ice group and noted that the group will continue generating donations for the project so that enhancements can be funded and additional public monies can be leveraged. He stated that enhancements could include energy efficiency upgrades, use of natural gas for the ice resurfacer, and additional parking, seating and storage. He thanked the partners in this project, including the Twice the Ice Group, the Neenan Company, and City staff. Jody Lawry, President and Chair of Twice the Ice, thanked those who worked on behalf of the project and made contributions for the private sector portion of funding for the project. She asked that Council support the ordinance. Kelly Ohlson, 2040 Bennington Circle, spoke regarding his role in helping to raise funds for the project. He stated that the Council does not have enough information available to determine if this is the best bid for the project and suggested that in the future the Council request comparative information regarding all of the bids. He also asked that Council ensure in the future that measures that are on the ballot do not grow in scope and that ballot language is clear in this respect. He expressed a concern with information presented to Council that states that the architect/builder selected through the City's RFP process has proposed that the City build an addition that will best meet the needs of the City in the long term. He stated that it should be Council's role to decide what meets the needs of the City. He expressed a concern that the winning bidder (the Neenan Company) is giving a donation to Twice the Ice and that a Twice the Ice representative sat on the selection committee. Win Craven, Twice the Ice member, spoke regarding the public -private partnership on this project. He stated that the proposal is true to the original intent and language of the 1997 ballot issue and that it will serve as a practice arena for all user groups. He stated that the winning bidder has submitted an outstanding design at a reasonable price. He spoke regarding the benefits of the double rink system and the additional ice. He asked that Council approve the ordinance. Guy Kelly, Twice the Ice Board member, stated that no member of the Twice the Ice committee served on the RFP selection committee. He stated that some board members may have been consulted on an informal basis because of their knowledge about the issues. Councilmember Weitkunat asked about the normal process for presenting bid award information to Council. James O'Neill, Director of Purchasing and Risk Management, stated that Council is being asked to appropriate funds from Twice the Ice and that the selection process is handled as an administrative process. He stated that the selection process is not complete at this point and that the :. January 15, 2002 contract negotiation will be completed once the dollars are appropriated. He stated that under the City Code the only bid information that can be made public at this time is the names of the bidders. He stated that the selection committee included the project manager, two representatives from the Parks and Recreation Department, the Director of Purchasing and Risk Management, and an engineer who serves with Twice the Ice. He stated that the language of the ballot measure included wording that would allow in -kind contributions. He noted that when the RFP was sent out that references to in -kind donations were removed. He stated that the Neenan Company has made a donation to Twice the Ice and that efforts were made to ensure that this was in no way tied to the selection process. He noted that at least one other bidder has made a donation to Twice the Ice. Councilmember Bertschy requested information regarding these issues and asked for clarification that other contractors expressed a willingness to make a donation. He asked if bid information could be provided to Council before Second Reading. City Manager Fischbach stated that a memo could be prepared for Council prior to Second Reading. Councilmember Bertschy commended those involved in the fund raising. He asked if there will be an opportunity for public input on the design. City Manager Fischbach stated that there will be opportunities for public input. Councilmember Tharp thanked those who have been generous with their donations. She requested more information about the City's bid process. Councilmember Hamrick stated that he is support of the project. He asked if there was a donation from the contractor to Twice the Ice. City Manager Fischbach asked the Twice the Ice representatives if such a donation has been made or promised. Dan DeRosa, Executive Director of Twice the Ice Foundation, stated that the Neenan Corporation and every major contractor in the City have been approached for funding. He stated that the Neenan Corporation has committed to making a donation as are other companies involved in construction. Councilmember Hamrick asked about the differences between a regular sheet of ice and a studio sheet of ice and if there are differences between other projects being built elsewhere and the sheet of ice that will be built here. Powers stated that the purpose of the studio rink is to provide a place to practice and a staging facility. He stated that the main activities will happen on the main sheet of ice and that the size of the backup ice will be about the same as the main sheet of ice to accommodate adult ice hockey. Councilmember Hamrick asked if the studio ice rink is typical of other facilities. Paul Thibert, Recreation Supervisor, stated that the studio rink is a practice and backup arena. He stated that such rinks are typically added after the main arena is built to provide enhancements or to meet demand. He stated that such facilities are typically smaller and do not house the infrastructure housed in the main facility. He stated that this is an add -on facility. 387 January 15, 2002 Councilmember Hamrick noted that the total appropriation for the second sheet of ice is approximately $4,138,000 and that figure is higher than the estimated project cost and that the $865.000is22%ofthe estimated project cost ($3,932,000). He asked for clarification regarding this discrepancy. City Manager Fischbach stated that the $206,000 difference can not be spent at this time because of the ballot language and that the $865,000 contribution brings the available funds to $3.9 million and makes the project viable. He stated that $206,000 will remain where it is unless the group raises additional funds by July for a match and that the $206,000 is the maximum additional funding that could be spent in accordance with the ballot language regardless of any additional money that could be raised by the group. Powers stated that if the group does not come up with additional money that the City could only spend $3,067,000. Councilmember Hamrick asked why enhancements would be done if additional funds are raised. Powers stated that the proposed project is a viable project and that any project could be made a little bit better with enhancements. Councilmember Hamrick asked if enhancements that include additional seating would be in violation of the ballot language. Powers stated that the square footage is the key and that the ballot language states that this arena needs to be smaller than the original arena. He stated that 200 seats are currently planned for the new arena. Councilmember Hamrick asked if there was a Council Study Session regarding the size of the studio ice rink. City Manager Fischbach replied in the negative. Councilmember Hamrick stated that he would like to receive information regarding what the costs would be for different sizes of projects. City Manager Fischbach stated that there is not a lot of latitude on size for this specific project because the City is working in accordance with the wishes of the voters. Councilmember Hamrick stated that the studio ice rink could be smaller than the proposal and would be less money for the City. City Manager Fischbach stated that the voters have approved $3.2 million. Councilmember Kastein asked about the requirement that 22% of the estimated cost must be made up from in -kind or direct contributions and whether the maximum amount was in the language of the ordinance. Powers stated that the total amount that could be put in by the public is $3,273,801 and that the private sector could bring more than what is required to leverage that much. Councilmember Bertschy asked which of the three Building Community Choices packages this project was part of and the approved methods of disposing of additional revenue. Powers stated that this was in the Community Enhancement Project package. City Attorney Roy stated that excess BCC revenues could be used for any capital project approved by the Council; that the costs presented to the voters were estimates for all projects; that the final cost, design and scheduling of the projects would be determined by the Council; that the projects could be enhanced in scope, design or cost using BCC revenues, if available, or any other revenue source available to the Council. January 15, 2002 Councilmember Weitkunat made a motion, seconded by Councilmember Bertschy, to adopt Ordinance No. 011, 2002 on First Reading. Councilmember Weitkunat stated that she worked in 1997 to help get this on the ballot for voter approval. She stated that this would be a positive enhancement for the City and that she would support the ordinance. Councilmember Kastein stated that a compromise was reached regarding the definition of a studio ice rink and credited the Twice the Ice group and the staff for its work on the matter. He stated that he would support the ordinance. Councilmember Wanner stated that this meets the intent of the ballot language and that the requirements of the ballot measure have been met. Councilmember Bertschy thanked those who have worked on this project and spoke regarding the need for additional ice space. He stated that the requirements of the ballot measure have been met and that he would support the ordinance. Mayor Martinez stated that he would support the ordinance. The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Hamrick, Kastein, Martinez, Tharp, Wanner and Weitkunat. Nays: None. THE MOTION CARRIED Ordinance No. 008, 2002 Appropriating Unanticipated Revenue in the Transit Fund to Market the PassFort Bus Pass Program in the Local Transportation Demand Management Program, Adopted on First Reading. The following is staff s memorandum on this item. "Financial Impact This Ordinance appropriates $54, 651 in Congestion Mitigation and Air Quality (CMAQ) funds managed by the Colorado Department of Transportation (CDOT) to be appropriated in the Transit Fund for use in Transportation Demand Management to market the PassFort bus pass program. The local match of $11, 380 will be provided by current funding in the Transfort marketing budget. Executive Summary An application for funding to promote the Transfort PassFort program was approved in 2001 by CDOT and is included in CDOT's 2002 budget. am January 15, 2002 Transfort has developed and of an "eco pass" called PassFort for businesses to purchase for their employees. So far, promotion of this pass has been through introduction by the Transfort marketing analyst or business outreach specialist in a one-to-one marketing pitch. Staff has found that direct business outreach is the most effective way to reach the greatest number of employees and get the most "bang for the buck. " As a result, staff has proposed a more concentrated effort on promoting the TransfortPassfortpasses to employers as an effective strategy to increase modal shift in Fort Collins and to provide an effective tool in the business outreach toolbox. " City Manager Fischbach stated that this item appears on the discussion agenda to make the public aware of the City's efforts regarding traffic signalization. Eric Bracke, Traffic Engineer, presented background information regarding the agenda item. He stated that a new management information system has been selected that will allow rapid traffic signal timing updates, continuous traffic counting, installation of advanced traffic controllers on College Avenue and Harmony road, video surveillance and video detection at a number of intersections, upgrades to Web access to view current traffic situations, traffic counters to determine congestion levels, a transportation management center, future fiber system upgrades, transit priorities to keep buses on time, variable message signs, highway advisory radio, and weather stations. He stated that the City will go out to bid on the fiber system this summer and that the first phase of the system is expected to be operational in May and that the rest of the summer will be put into place over time with final completion by the fall of 2003. Councilmember Kastein asked about the phasing of the project. Bracke stated that the initial phases will be implemented this summer and that entire project will be completed by fall of 2003 and that the old system must remain in place until the new system is implemented. Mayor Martinez asked about the implementation of the initial phases. Bracke stated that the first phase will be in place by mid -summer. Councilmember Weitkunat asked if it will be possible to recognize the improvement. Bracke stated that innovative signal timing plans and adaptive signal control on College Avenue will make the system more reliable. Councilmember Weitkunat made a motion, seconded by Councilmember Wanner, to adopt Resolution 2002-008. Councilmember Hamrick thanked staff for its efforts on this matter. Councilmember Bertschy thanked staff for its hard work on this issue and spoke regarding the need for the project. Councilmember Weitkunat stated that she would like the public to know that Council and staff deserve credit for pursuing funding for this after funding was not approved by the voters as part of a transportation ballot package. 390 January 15, 2002 Councilmember Kastein commended staff for its work to obtain grant money for this project. Mayor Martinez stated that Council made this a priority and that staff has made it a reality. The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Hamrick, Kastein, Martinez, Tharp, Wanner and Weitkunat. Nays: None. THE MOTION CARRIED Councilmember Bertschy made a motion, seconded by Councilmember Wanner, to adopt Ordinance No. 012, 2002 on First Reading. The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Hamrick, Kastein, Martinez, Tharp, Wanner and Weitkunat. Nays: None. THE MOTION CARRIED Resolution 2002-009 Adopting the City's 2002 Legislative Policy Agenda, Adopted. The following is staff s memorandum on this item. "Executive Summary Each year the Legislative Review Committee (LRC) develops a legislative policy agenda to assist the City in the analysis ofpending legislation. The draft document was reviewed and revised by the LRC on December 13, 2001. The proposed 2002 Legislative Policy Agenda is attached to the Resolution as Exhibit "A ". This document will be used as a guide for the 2002 legislative session. The purpose of the Legislative Policy Agenda is to articulate the City's position on potential legislative topics and will be used in the following instances: (1) Council members orstaffinembersmay respondtoquestionsfromlegislators and others about the City's legislative policy positions. (2) Council members and staff members will be able to respond to legislation that is clearly supported or opposed by City policy. (3) State and federal legislators will receive the document as a general reference. In order to expedite the Council's review of the 2002 Legislative Policy Agenda, notable changes to the 2001 document are summarized below. Complete detail is.)ound in attached Exhibit "A ". The following changes reference the Legislative Policy Agenda, but are also reflected in the Executive Summary at the end of the document. 391 January 15, 2002 On page 6, AIR QUALITY, the second statement 43, is modified to endorse state and federal incentives to encourage the business community to reduce pollution. On page 7, AIR QUALITY, statement 48, is modified to add a statement ofsupport for hydrogen_ fuel research. On page 7, AIR QUALITY, a statement has been added in support of wood smoke emissions reduction. On page 8, the EDUCATION section has been eliminated entirely. The Legislative Review Committee agreed that this topic is outside the City's purview. On pages 15-16, FEDERAL BUDGET, the preamble has been rewritten to condense and update. On page 17, FEDERAL BUDGET, statement #8 has been modified to note the City's opposition to mandatory collective bargaining rights for public safety officers. On page 16, FEDERAL BUDGET, statement #9 has been modified to note the City's support for spending federal highway trust fund dollars only for transportation purposes. On page 17, FINANCE, the preamble has been modified to contain a clarified statement on TABOR. On page 18, FINANCE, statement 97 has been modified to include support for the use of state TABOR surplus funds,for primary services such as Transportation and Open Space. On page 21, HOME RULE, statement #5 has been modified to emphasize the importance of the City's ability to control land developmentfees. On page 24, PLANNING AND LAND USE, statement 43 has been expanded to clearly state the City's opposition to state limits on its ability to impose growth impact fees. On page 27, POLICE SERVICES, statement 910 has been modified to state supportfor a statewide continuing education program for police of supported with a state appropriation. Upon Council approval, the document will be, finalized and distributed. " City Manager Fischbach introduced the agenda item. Diane Jones, Deputy City Manager, stated that the legislative agenda is updated each year to serve as a guide regarding the City's positions relating to specific legislation. She noted that the agenda item summary outlined changes being made to the legislative agenda and stated that the legislative agenda could be amended at any time during the legislative process. 392 January 15, 2002 City Manager Fischbach stated that Councilmember Bertschy has suggested several changes to the legislative agenda and that those changes would be scheduled for discussion by the Legislative Review Committee. Councilmember Kastein asked about the deletion of school impact fees. City Manager Fischbach stated that the school impact fee item should be put back in and that the education item needed to be removed. He stated that the City definitely supports the creation of school impact fees and suggested that he would like to review including school impact fees in the legislative agenda. Councilmember Wanner made a motion, seconded by Councilmember Weitkunat, to adopt Resolution 2002-009. Councilmember Kastein stated that he has problems with the lottery as a way for government to raise money and requested a friendly amendment to strike the line (page 24) that says "support Great Outdoors Colorado and full funding for municipal government projects with maximum local discussion regarding local needs and priorities." Councilmember Bertschy suggested having the Legislative Review Committee to review this issue. Councilmember Kastein agreed that the issue could be reviewed by the Legislative Review Committee. He withdrew his request for a friendly amendment. Councilmember Weitkunat thanked the Legislative Review Committee for its work on the legislative agenda. Councilmember Tharp thanked staff for its work on the legislative agenda. Councilmember Bertschy thanked the Committee and the staff for their work on the legislative agenda. He stated that he has asked that the Committee review additional items that he would like included in the legislative agenda based on the new policy agenda for the National League of Cities. Councilmember Wanner thanked those who worked on the legislative agenda and requested further information about the process that would be followed to amend the document during the legislative session. Councilmember Hamrick expressed support for including the school impact fee item. Mayor Martinez thanked the Committee and the staff for their work. The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Hamrick, Kastein, Martinez, Tharp, Wanner and Weitkunat. Nays: None. THE MOTION CARRIED 393 January 15, 2002 Other Business Councilmember Hamrick noted that he had requested information about the City's policy regarding proclamations and presentations. He asked for Council support to move the issue to the Governance Committee for discussion. Councilmembers Kastein and Bertschy supported giving this direction. Councilmember Hamrick referenced the allegations made under Councilmember Reports and stated that he did not feel that the Ethics Review Board is the proper place for a hearing on these issues. He officially requested that this matter be referred to an appropriate person or agency for investigation as to whether there have been any legal or ethical violations in this matter. He stated that this investigation should include and determine whether other City staff and Councilmembers may have violated any confidentiality or open meeting requirements. Mayor Martinez asked for clarification from Councilmember Hamrick about whether his intent was that the allegations that have been referred to the Ethics Review Board would be addressed separately as a specific incident and specific item. Councilmember Hamrick stated that the allegations against him should be included and that there should be an overall investigation of the matter. Mayor Martinez stated that he believed these were two separate matters. City Attorney Roy requested clarification from Councilmember Hamrick as to the nature of his request, specifically whether the matter that the Mayor and others referred to the Ethics Review Board involving Councilmember Hamrick not be considered by the Board, but that it be put together with the other issues and explored by some independent person or agency. Councilmember Hamrick stated that the issues should be explored together by some independent person or agency. City Attorney Roy stated that the Code provides that any Councilmember may refer to the Ethics Review Board a complaint and inquiry and that the initial referral to the Board is a legitimate inquiry that has been presented to the Board pursuant to that Code provision. He stated that it was his understanding that Councilmember Hamrick's allegations raised a number of questions about whether executive sessions went beyond their appropriate scope, whether people were appropriately or inappropriately in attendance, and whether Councilmember Hamrick was improperly excluded from an executive session and improperly denied access to confidential materials that were provided to the rest of Council. He stated that Council has the authority to investigate, under the Charter, the official acts of any of the officers, employees or departments of the City, and that it would be up to the Council to decide whether and how to investigate or have someone investigate those additional allegations. He stated that in his view they are separate from the inquiry that was presented to the Ethics Review Board. He stated that Councilmember Hamrick could ask the Ethics Review Board to review the issue regarding whether or not it is the appropriate body to review Councilmember Hamrick's allegations. Councilmember Hamrick stated that was not his request and that, because of the issues he has raised, that he is concerned whether the matter would get an appropriate hearing at the Ethics Review 394 January 15. 2002 Board. He stated that he was requesting a hearing by an independent authority. City Attorney Roy stated that because he was involved in some of the situations referenced in Councilmember Hamrick's allegations that it would be appropriate for the Council to have separate legal counsel to advise Council about how to respond to those allegations. Councilmember Kastein stated that he would like to see an Ethics Review Board inquiry into the matter and recognized that Councilmember Hamrick has a difference of opinion with the majority of Council. He stated that the best way to deal with the difference of opinion is to use the existing Ethics Review Board process. Mayor Martinez spoke regarding the importance of the Council's working relationship and handling such matters in an open and fair fashion. He stated that the best way to do this would be to take the matter to the Ethics Review Board. Councilmember Tharp stated that would be awkward because Councilmembers have been privy to the confidential memos and executive session discussions and may have already formed an opinion. She stated that it would be difficult for Councilmembers to sit on that review board as impartial participants. She asked if there was an established mechanism to have an impartial jury discuss the matters. Mayor Martinez spoke regarding the purpose of the Ethics Review Board to make a recommendation, and stated that the recommendation could be to refer the matters to an investigation by an outside agency. City Attorney Roy outlined provisions of the Code regarding the filing of a ethics complaint with the Mayor that alleges a violation on the part of four or more Councilmembers. He stated that such a complaint would be submitted to an alternate review board that would be composed of any remaining Councilmembers who are not named in the complaint and as many members of City boards and commissions as are necessary to constitute a seven -member board. He stated that this would not apply to the initial inquiry about Councilmember Hamrick, unless the Council chooses to pass a special ordinance that makes it apply in that situation. He stated that it would apply to the allegations that Councilmember Hamrick has asserted because he asserts those against four or more Councilmembers. He stated that one possibility is for the initial inquiry to go to the Ethics Review Board as constituted and for the inquiry that Councilmember Hamrick submitted to go to an alternate board. Councilmember Tharp asked if a particular Councilmember requested that this to be sent to the Ethics Review Board. Mayor Martinez stated that the request was made by Councilmember Bertschy during Councilmember Reports at this meeting. Councilmember Bertschy stated that he considered his earlier statement to be a request to refer the matter to the Ethics Review Board. City Attorney Roy requested confirmation that Councilmember 395 January 15, 2002 Bertschy intended his statement as a request for submittal of the matter. Councilmember Bertschy replied in the affirmative. Councilmember Weitkunat expressed concerns about the current magnitude of the discussion and asked for clarification regarding whether this will be two separate reviews, including an Ethics Review Board discussion of the issue relating to Councilmember Hamrick and a separate discussion of the allegations from Mr. Hamrick regarding other Councilmembers. City Attorney Roy stated that is the way he would interpret the Code. Councilmember Weitkunat asked if the fact that Mr. Hamrick has made an allegation means that it must be addressed. City Attorney Roy stated that Councilmembers are not precluded from utilizing the process of filing a complaint with the Mayor and that at the time it is submitted to the Council, the Council would have the option to submit the complaint to the review board for an advisory opinion or recommendation or to decide what, if any, other action should be taken. He stated that if the complaint that is filed with the Mayor alleges a violation on the part of four or more Councilmembers that such complaint shall be submitted to an alternate review board. Mayor Martinez asked if Councilmember Hamrick is asking that the entire Council be investigated. Councilmember Hamrick stated that is his request with respect to the issues that he has raised. Councilmember Weitkunat asked if the complaint is required to have a substance and specific statement regarding the allegations. City Attorney Roy stated that there is no screening mechanism for these kinds of complaints and that the complaint must be in writing. He stated that if Councilmember Hamrick prepares a written complaint and files it with the Mayor that it would not be appropriate under the Code for the Council to try to determine whether the complaint was frivolous or had sufficient merit to be referred to an alternate board to review. Councilmember Wanner asked how an alternate board would be chosen. City Attorney Roy stated that board and commission members would be selected at random by the City Clerk within 10 working days of the date upon which the complaint is filed with the Mayor and that seven members would constitute the alternate board. Councilmember Wanner asked if it would be appropriate for Council to pass a motion asking that such a board be seated. City Attorney Roy stated that the Code leaves it up to the complainant to decide whether to initiate the process and that under the Charter the Council has the ability to conduct its own investigations and it could therefore choose to use this same process to respond to the allegations without waiting to see whether Councilmember Hamrick chooses to initiate the process through a formal written complaint. Councilmember Warmer asked the Chair to entertain a motion for the Council to initiate the review process and to seat a board to investigate the allegations that have been made. City Attorney Roy requested clarification regarding the motion and asked if the investigation would include the 396 January 15, 2002 allegations made by Councilmember Hamrick and the allegations made with regard to Councilmember Hamrick. Councilmember Wanner stated that his intent would be an investigation of all of the allegations. Mayor Martinez asked for clarification that the intent is that the allegations made with regard to Councilmember Hamrick are not to be referred to the Ethics Review Board. Councilmember Wanner stated that the investigation should cover the full spectrum of complaints that have been made. He stated that although he does not support Councilmember Hamrick's assumptions or beliefs in this matter that the only way to solve these problems is to deal with them and move on in the interest of efficient government. Councilmember Kastein requested clarification from legal counsel on whether it is a good idea to combine both issues in one investigation. City Attorney Roy stated that it would be a good idea to combine the issues and that he should not advise the board. Councilmember Wanner stated that he would make that part of the motion. Councilmember Weitkunat asked about the earlier motion to convene an Ethics Review Board meeting. City Attorney Roy stated that the motion should state the intent not to have the regular Ethics Review Board convene for the purpose of reviewing the initial inquiry. Mayor Martinez noted that there was no motion with regard to calling an Ethics Review Board meeting to discuss the initial inquiry. Councilmember Wanner made a motion, seconded by Councilmember Tharp, to include all of the questions that have been raised for either Ethics Review Board or outside review to be the subject of an investigation by a board convened, as provided by the Charter, with Council assuming outside counsel for legal purposes since Mr. Roy is involved in the actions that have been questioned, and to give direction to the alternate review board to proceed with all haste to consider those matters. Councilmember Kastein asked for clarification that Councilmember Hamrick believed that he did not discuss something outside of executive session that he should not have, and that he is not willing to make an apology for that. Councilmember Hamrick stated that this was correct. The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Hamrick, Kastein, Martinez, Tharp, Wanner and Weitkunat. Nays: None. THE MOTION CARRIED 397 January 15, 2002 City Attorney Roy requested that the Council at the appropriate time entertain a motion to adjourn this meeting to next week if necessary to discuss the selection of outside counsel. Councilmember Bertschy asked about the intergovernmental agreement with other municipalities regarding outside counsel. City Attorney Roy stated that there are three Cities from which the City can ask for help and that if the attorneys are not able to handle the matter within their workload they can say no. Councilmember Tharp asked if Council would reconsider the vote on the Bennett school park site issue. Councilmember Tharp made a motion, seconded by Councilmember Wanner, to reconsider West Central Neighborhood Plan as it refers to the Bennett school park site issue. The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Hamrick, Martinez, Tharp and Wanner. Nays: Councilmembers Kastein and Weitkunat. THE MOTION CARRIED Adiournment Councilmember Bertschy made a motion, seconded by Councilmember Wanner, to adjourn this meeting and continue it on January 22, 2002 at 6:00 p.m. The vote on the motion was as follows: Yeas Councilmembers Bertschy, Hamrick, Kastein, Martinez, Tharp, Wanner and Weitkunat. THE MOTION CARRIED The meeting adjourned at 8:45 p.m. Mayor ATTEST: 1 M3