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HomeMy WebLinkAboutMINUTES-12/06/1994-RegularIDecember 6, 1994 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council -Manager Form of Government Regular Meeting - 6:30 p.m. A regular meeting of the Council of the City of Fort Collins was held on Tuesday, December 6, 1994, at 6:30 p.m. in the Council Chambers of the City of Fort Collins City Hall. Roll Call was answered by the following Councilmembers: Apt, Azari, Janett, Kneeland, McCluskey, Smith and Wanner. Councilmember Absent: None. Staff Members Present: Jones, Krajicek, Roy. Oath of Office Administered to District 6 Councilmember Charles Wanner. On November 29, 1994, Charles Wanner was appointed to fill the District 6 vacancy created by the October 28 resignation of Gerry Horak. ' City Clerk Wanda Krajicek administered the Oath of Office to newly appointed Councilmember Charles Wanner. Citizen Participation Donna Duchenes, career development teacher at Centennial High School, asked for support for the Senior Job Match Program. In the project, students from Centennial High School work with senior citizens in the Centennial neighborhood to perform household services and chores. She introduced students Trevor Richardson and Tony Goodrow who described a survey conducted with students and senior citizens and spoke of the benefits of the program. Cynthia Bergen, 220 E. Laurel, supported the Senior Job Match Project. Jeff Bridges, 725 Mathews, representing the Leadership Team of the Centennial Neighborhood Association, asked for Council endorsement of the program and asked for access to youth employment funds. He stated the total budget for Senior Job Match is in excess of $30,000 and requested $2,000 from the City youth employment budget. The funds will go towards generating matching funds. John Meleski, 1072 Sundering Dr., Building Review Board member, expressed concern over ' a local accessibility code provision as it relates to the Spring Creek St. Vrain Platte cluster 298 December 6, 1994 condominiums. The issue of the number and configuration of accessible units arose in preliminary design reviews with staff and the project was ultimately appealed to the Building Review Board. The Board denied the appeal on November 9. He expressed concern that this quality project will not be built and stated everyone will lose if it is not built. Ed VanDriel, 1212 W. Mountain Ave., asked Councilmembers to consider placing a Charter amendment before the voters that would require district Councilmembers to be nominated by district and elected at -large. He stated that the current system only allows citizens to vote on two of the seven Councilmembers and is not very representative. Marc Korb, 3567 Tradition Dr., President of the Care -A -Van Board, of Directors, spoke of the process used to select para-transit service providers. He urged Councilmembers to look closely at cost figures provided by staff and expressed doubt that those figures had any economic basis. Al Baccili, 520 Galaxy Ct., objected to the payment of dues to the Chamber of Commerce by Platte River Power Authority, Poudre R-1 and the Poudre Valley Hospital. Citizen Participation Follow -Up Councilmember Smith stated he believed the senior job match program would be valuable in Fort I Collins. He asked for more information from staff that might lead to a resolution supporting the program and allocating the requested funding. Councilmember Janett supported the senior job match program and stated she would formally request under Other Business that staff prepare a resolution of support and endorsement. She spoke of the reasons the Charter was changed from electing Councilmembers at -large to electing them from districts. She stated Councilmembers have been informed of the appeal process Care -A -Van is going through and stated she would consider Mr. Korb's comments. She stated she would be asking staff under Other Business for more information on the issue raised by Building Review Board member John Meleski. Councilmember McCluskey asked staff to provide information to Council and Mr. VanDriel on the process for citizens to initiate the placement of a Charter amendment on an upcoming ballot. Mayor Azari asked for clarification on the BRB issue and asked that Chief Building Official Felix Lee provide information to Council under Other Business. Agenda Review Interim City Manager Jones asked that Item No. 19, First Reading of Ordinance No. 176, 1994, Appropriating Prior Year Reserves and Unanticipated Revenue in the Transit Services Fund be 299 1 December 6, 1994 ' removed from the Consent Calendar and considered under Item No. 44, Council/Staff Pulled Consent. Councilmember Apt asked that Item No. 22, First Reading of Ordinance No. 179, 1994, Authorizing the Sale of Property to the Boxelder Sanitation District, be removed from the Consent Calendar. ***CONSENT CALENDAR*** This Calendar is intended to allow the City Council to spend its time and energy on the important items on a lengthy agenda. Staff recommends approval of the Consent Calendar. Anyone may request an item on this calendar to be "pulled" off the Consent Calendar and considered separately. Agenda items pulled from the Consent Calendar by the Public will be considered separately under Agenda Item #33, Public Pulled Consent Items. 8. Items Relating to the East Lincoln Third Annexation and Zoning. A. Second Reading of Ordinance No. 164, 1994, Annexing Approximately 17 Acres, Known as the East Lincoln Third Annexation. B. Second Reading of Ordinance No. 165, 1994, Zoning Approximately 17 Acres, Known as the East Lincoln Third Annexation, Into the I-L, Limited Industrial, District with a PUD Condition. On November 15, Council unanimously adopted Resolution 94-189 setting forth findings of fact and determinations regarding the East Lincoln Third Annexation. On November 15, 1994, Council also unanimously adopted Ordinance No. 164 and Ordinance No. 165, which annex and zone approximately 17 acres located north of East Lincoln Avenue and east of Lemay Avenue. The requested zoning is the I-L, Limited Industrial, District with a PUD condition. The property is currently zoned I, Industrial, in the County, which allows a wide variety of commercial and industrial uses. The property is presently basically undeveloped, there is one single-family residence on the property. This is a voluntary annexation of property located within the Fort Collins Urban Growth Area. The applicant anticipates the following uses to be developed on the property: a convenience store, other convenience related retail uses, and, possibly, some light industrial uses. 300 December 6, 1994 11 APPLICANT: Diamond Shamrock c/o Galloway, Romero & Associates 14202 E. Evens Ave. Aurora, CO 80014 OWNER: Webster Associates 60 E. Service Rd., I-25 Cheyenne, WY 82007 9. Second Reading of Ordinance No. 166, 1994, Amending Chapter 26 of the Code Relating to User Rates and Charges for the Water and Wastewater Utility. The recommended 1995 budget for the Water and Wastewater Utility includes overall water rate increases of 5% and wastewater rate increases of 6%. Ordinance No. 166, 1994, which was unanimously adopted on First Reading on November 15, 1994 approves several rate changes based on the results of recent cost of service analyses done by staff. Such analyses are conducted every few years to ensure the costs of providing service to different customer classes are based on historical usage patterns. The cost of serving any group of customers changes over time due to changing service requirements and/or changing water use patterns. This Ordinance makes several adjustments to existing rates to more closely align the cost of providing service with the benefit received. The cost of service ' adjustments are revenue neutral on a utility -wide basis, and are based on an overall 5% increase in water revenue and a 6% increase in wastewater revenue. 10. Second Reading of Ordinance No. 167, 1994, Amending Ordinance No. 120, 1993 and Appropriating Unanticipated Revenue in the Downtown Development Authority Fund and Revising Funding Sources for and the Timing of Reimbursements for Improvements to the Linden Hotel and Salvation Army Building. In 1991, City Council passed Resolution 91-46 which emphasized the importance of the redevelopment of the Linden Block as critical to the revitalization of the Poudre River environs into the fabric of the downtown and as a community focal point, and to the continued revitalization of the Downtown area. In particular, the Linden Hotel and the Salvation Army Building were identified as cornerstones to the revitalization of the Old Town Historic District. Subsequently, In October 1993, Council adopted Ordinance 120, 1993 which resulted in an appropriation of $450,000 from three separate funding sources, for the purpose of constructing improvements to the Linden Hotel and the Salvation Army Building. To date, no money has been transferred to the-DDA for the improvements. In addition, Council approved an intergovernmental agreement between the City and the Downtown Development Authority in order to facilitate the construction of the improvements. The City has since been awarded a grant from the Colorado Historical 301 1 December 6, 1994 Society to be used for improvements to the Linden Hotel. The receipt of these grant funds changes the funding sources needed for the projects, that were previously identified and approved. Ordinance No. 167, 1994, which was unanimously adopted on First Reading on November 15, appropriates the $100,000 grant from the Colorado Historical Society in the DDA Fund and identifies the changes in the funding sources for the improvements to the Linden Hotel and Salvation Army Building. In addition, this ordinance amends the terms of the reimbursement to the developers as previously set forth in Ordinance No. 120, 1993, and requests Council approval of the revised terms, as they were originally intended. 11. Second Reading of Ordinance No 168 1994 Appropriating $870 000 Unanticipated Revenue in the Special Assessments Debt Service Fund. Governmental accounting practices require that the City record as an expenditure the appraised value of any special assessment properties deeded to the City and held for resale. The revised 1994 Budget only included estimates for the Dueck and Johnson SID properties. Current estimates are that the Lake Shore Estates property will be deeded to the City on November 18, 1994; that the Johnson properties' foreclosure will not be completed until 1995; and that the Dueck property may be redeemed by the owner before the end of the year. The 1994 Budget includes $930,600 for property taken in inventory. Since the Lake Shore Estates property is appraised at $1,800,000, another $870,000 should be appropriated for expenditure prior to December 31, 1994. Ordinance No. 168, 1994 was unanimously adopted on First Reading on November 15, 1994. 12. Second Reading of Ordinance No. 169 1994 Appropriating Prior Year Reserves for the Purchase of the Land for the Locust Street Outfall. The Locust Street Outfall is a capital improvement project identified in the Old Town Master Drainageway Plan, adopted by City Council in December, 1993. Design and construction is currently planned to begin in 1998; however, the property where the channel would be located is currently for sale and the owners are interested in selling to the City. Ordinance No. 169, 1994, which was unanimously adopted on First Reading on November 15, 1994, appropriates prior year reserves for the purchase of the land. 13. Second Reading of Ordinance No. 170, 1994 Authorizing the Conveyance of a Non - Exclusive Easement For an Underground Telecommunications Cable and Vault in Favor of US West Communications Inc and Appropriating Unanticipated Revenue in the General Fund for Park Maintenance. Ordinance No. 170, 1994, which was unanimously adopted on First Reading on November 15, grants US West Communications a 5' easement and a 10' x 10' pocket easement for underground telecommunications cable and a vault. The location of this easement is in 1 302 December 6, 1994 J Avery Park. US West is requesting this easement to relocate its services in the area due to safety issues and to improve maintenance capabilities. The traffic in this area (Taft Hill Road and Clearview Avenue) has increased significantly in the last few years. Currently, the vault is located in the street right-of-way which requires the maintenance trucks and personnel to be in traffic during repairs. The new telecommunications cable will be laid in a conduit. The cable stays drier and can be pulled through the conduit to be repaired without needing to dig up cable throughout the easement areas. Parks staff has met with representatives of US West in the field and reached agreement on the alignment. 14. Second Reading of Ordinance No. 171, 1994, Authorizing the City to Convey a Public Right -of -Way and Easement for the Proposed Fossil Creek Estates P.U.D. Fossil Creek Partners has proposed a residential development on a parcel of land adjacent to the east end of the south boundary of the Cathy Fromme Prairie natural area in southwest Fort Collins. Phase I of the Fossil Creek Estates P.U.D. received final approval from the Planning and Zoning Board in June, 1994, contingent on the developer obtaining road right-of-way and easements affecting a portion of the Cathy Fromme Prairie. Ordinance No. 171, 1994, which was unanimously adopted on First Reading authorizes dedication of 0.43 acres of land for the extension of Fossil Creek Drive into the proposed development and grant an easement on 0.40 acres of land for road construction and ' installation of a storm drain and other underground utilities. Fossil Creek Partners has agreed to compensate the City for use of the land by conveying 3.4 acres of their land elsewhere on their property as an addition to the Cathy Fromme Prairie. 15. First Reading of Ordinance No. 172, 1994 Appropriating Excess Revenue in the General Fund for Training Programs. Training programs on topics specific to the City organization's goals and values are offered to City employees and interested community members. These programs are coordinated through the Training Division of the City's Human Resources Department. To cover the cost of trainers and materials, departments are charged for their employees who have attended these workshops. Attendees who are not employed by the City of Fort Collins are charged as well. The revenue to be appropriated was generated from fees charged for these classes and workshops. This revenue is greater than the original 1994 budget estimate and must be appropriated to cover the costs associated with the training, workshops and classes provided during 1994. 16. Items Relating to the Law Enforcement Fund Contract with the Colorado Department of Transportation. 303 December 6, 1994 A. Resolution 94-195 Approving and Authorizing the Mayor to Execute the Law Enforcement Assistance Fund (LEAF) Contract Between the City and the State Department of Transportation. B. First Reading of Ordinance No. 173, 1994, Appropriating Unanticipated Revenue in the General Fund for the Fort Collins Police Services Substance Abuse Prevention Program. Police Services has been awarded a grant totalling $48,133 from the Colorado Department of Transportation, Office of Transportation Safety for funding a Law Enforcement Assistance Fund project for the prevention of substance abuse. This prevention program will target underage drinking by utilizing student involvement, education, and enforcement. The grant will provide for 100% of salary, benefits, and operating expenses for this program. 17. First Reading of Ordinance No. 174, 1994, Appropriating Unanticipated Revenue in the Parkland Fund from the Sale of Real Property at 309 South Sherwood. On November 1, 1994, Council unanimously adopted Ordinance No. 150, 1994 authorizing the sale of real property at 309 South Sherwood. This sale closed on November 14, 1994. Proceeds from this sale need to be appropriated in the Parkland Fund. The proceeds will then be used to reimburse the Quinby estate for the value of the property ($55,000). The remaining $1,150 will accrue to the Parkland Fund to cover the costs of the sale. 18. First Reading of Ordinance No. 175, 1994 Appropriating Excess Revenue in the Street Oversizing Fund. Projected expenditures for the Street Oversizing Fund will exceed the $1.2 million budgeted for 1994. The City is presently in a cycle of growth and the street network is expanding accordingly to meet the impact. It is estimated that an additional appropriation of $400,000 will be needed for the Fund's obligation to approved P.U.D.s currently under construction. The 1994 year end balance of the Fund is estimated to be $4.6 million. 19. First Reading of Ordinance No. 176, 1994 Appropriating Prior Year Reserves and Unanticipated Revenue in the Transit Services Fund. These actions will appropriate the resources necessary to meet Dial -A -Ride's 1994 financial obligations through the end of 1994. Dial -A -Ride demand continues to increase and the latest estimate suggests that ridership will now exceed 64,000 rides in 1994 causing the 304 December 6, 1994 shortfall over what has been previously appropriated. The contribution on the part of Latimer County's Office On Aging brings external resources to bear in providing these services. 20. First Reading of Ordinance No. 177, 1994 Adopting the 1995 City of Fort Collins Total Compensation Plan. In October, 1994, Council adopted its Financial Policies which includes the Human Resource Management and Productivity Policy. This policy includes the Total Compensation Policy for the City's classified and unclassified management employees. The policy states that the total compensation for these City employees will average 4.5% above the median of the labor market. Based on this,policy, staff has developed the proposed pay plan. The Code requires that the Council adopt the pay plan by ordinance. Surveys for the 1995 Total Compensation plan have been completed and indicate that the total compensation adjustment for 1995 should be 3.03%. Average salary adjustment will equal 3.33%. These increases are within the amount budgeted for total compensation in the 1995 Budget, and average 4.5% over the median of the labor market. ' 21. First Reading of Ordinance No. 178, 1994 of the Council of the City of Fort Collins Amending Section 28-17 of the Code of the City of Fort Collins Relating to Emission This Ordinance will adopt the State provisions for vehicle emissions tests and visible emissions from non -diesel -powered vehicles into the City Code, thereby making it easier for law enforcement officers to enforce the law. This action will help reduce air pollution from automobiles in Fort Collins. The passage and enforcement of this Ordinance was identified as a strategy in Section VT-1 of Air Quality Action Plan, which was adopted by Council on March 15, 1994. 22. First Reading of Ordinance No. 179, 1994 of the City of Fort Collins Authorizing the Sale of Property to the Boxelder Sanitation District. This Ordinance authorizes the Mayor to execute an agreement for the sale of City property to the Boxelder Sanitation District ("the District') for the total amount of $15,000, including the sale of a parcel of property for the District to use in the expansion of its lagoon system. 305 December 6, 1994 23. Items Relating to Colorado -Big Thompson CBT Protect Water Held b the v Crtv and the Application for a Section 131 Perpetual Contract With the Northern Colorado Water Conservancy District (NCWCD). A. Resolution 94-196 Authorizing Application to Northern Colorado Water Conservancy District for Cancellation of Temporary Use Permit. B. Resolution 94-197 Authorizing Application to Northern Colorado Water Conservancy District for Cancellation of Class B Allotment Contract. C. First Reading of Ordinance No. 181, 1994 of the Council of the City of Fort Collins Authorizing the Mayor and City Clerk to Apply and Contract for Beneficial Use of Water on Behalf of the City of Fort Collins and Prescribing the Terms for Application for an Allocation of the Right to Use Colorado -Big Thompson Project Water to the City by Northern Colorado Water Conservancy District. These Resolutions and Ordinance are needed to apply for and obtain the perpetual right to use seven hundred seventy-six (776) acre-foot units of Colorado -Big Thompson (CBT) Project water held by the City. Seven hundred forty-five (745) of these units are currently held under a previously used permanent contract and twenty-five (25) units are held under a Temporary Use Permit with the Northern Colorado Water Conservancy District (NCWCD). An additional six (6) units are being turned over to the City to satisfy raw water requirements. 24. First Reading of Ordinance No 182, 1994 Authorizing the Purchasing Agent to Enter into an Agreement for the Lease -Purchase of Vehicles and Equipment This Ordinance will authorize the Purchasing Agent to enter into a lease -purchase agreement with Municipal Services Group, Inc., (MSG) at 6.42% percent interest rate for the purchase of the required vehicles and equipment. MSG is the only firm the City has found who is willing to sign lease purchase documents acceptable to the City since the passage of Article X, Section 20 to the Colorado Constitution. This lease -purchase is consistent with the financial policies of the City of Fort Collins. 25. Resolution 94-198, Approving the Acquisition of a John Deere 510D Backhoe/Loader from Colorado Machinery, Inc. In June, 1994 the Light & Power Department rented a John Deere 510D pursuant to an existing equipment rental bid for 5 months to determine if the machine would perform the work needed in association with the newly purchased underground boring unit. Light & Power has standardized its use of John Deere backhoes to increase operator productivity ' 306 December 6, 1994 and allow the attachments to be interchangeable throughout the fleet. Therefore, John Deere was the only manufacturer considered. The 510D provides adequate power to perform the tasks needed and is still able to maneuver in small places. Only Colorado Machinery met the specification and bid $66,425. Section 8-160(d) of the City Code authorizes the Purchasing Agent to negotiate the purchase of supplies and services without utilizing a competitive process if a particular material or service is required to standardize or maintain standardization for the purpose of reducing financial investment or simplifying administration. Section 8-160(d)(3) of the Code states that any exemption to the use of acompetitive procurement process in excess of $50,000 must be approved by the City Council. The Resolution will authorize the purchase of the John Deere 510D backhoe/loader from Colorado Machinery, Inc. for $66,425 as an exemption to the use of competitive bid or proposal. 26. Resolution 94-199 Approving the Acquisition of a Vermeer T-555 Trencher from Vermeer Sales and Service of Colorado, Inc. A 1979 Vermeer trencher needs to be replaced and evaluation has determined there is not ' another unit comparable to Vermeer. Larger trenchers are available, however, they are more expensive, cumbersome and less maneuverable than the Vermeer, making them unsatisfactory for use at the rear of sidewalks, and around cul-de-sacs and alleyways. The smaller trenchers available do not provide the power, options, production or spoil removal required by Light and Power for installation of electric distribution lines. Section 8-160(d)(1)(a) of the City Code authorizes a procurement without competition if the Purchasing Agent determines there exists only one responsible source. The Purchasing Agent has determined that Vermeer Sales and Service of Colorado, Inc. is the only responsible source for a Vermeer T-555 Trencher. Section 8-160 of the Code states that any exemption to the use of competitive bidding in excess of $50,000 must be approved by the City Council. Council's approval of this purchase from Vermeer Sales and Service of Colorado, Inc. is requested. The Resolution will authorize the purchase of the Vermeer T-555 trencher from Vermeer Sales and Service of Colorado, Inc. for $137,600 as an exemption to the use of competitive bid or proposal. 27. Resolution 94-200 Finding Substantial Compliance and Initiating Annexation Proceedings for the Johnson Annexation. 307 1 December 6, 1994 The applicant, Ripley Associates, on behalf of the property owners, Glen and Jean Johnson, has submitted a written petition requesting annexation of approximately 38 acres located south of Harmony Road and one-half mile east of County Road No. 9. The proposed Resolution makes a finding that the petition substantially complies with the Municipal Annexation Act, determines that a hearing should be established regarding the annexation, and directs that notice to be given of the hearing. The hearing will be held at the time of first reading of the annexation and zoning ordinances. Not less than thirty days of prior notice is required by Colorado law. 28. Resolution 94-201 Authorizing the Mayor to Enter into Agreements with the State of Colorado for the Receipt of Intermodal Surface Transportation & Efficiency Act ("ISTEAD Funds for the Operation of Carpool and Vanpool Programs. The City will receive Intermodal Surface Transportation & Efficiency Act ("ISTEA") Funds for the operation of Commuter Pool. This funding is administered by the Colorado Department of Transportation. This action is primarily a housekeeping item which will ensure the flow of ISTEA funds through the State of Colorado to the City for the purpose of operating carpooling and vanpooling programs. t29. Resolution 94-202 Accepting the Advisory Opinion and Recommendation No. 94-2 of the Ethics Review Board. Section 2-569(e) of the City Code provides that all opinions and recommendations of the Council Ethics Review Board be submitted to the full Council for review and approval. The Ethics Review Board met on November 22, 1994, to render an opinion on the question of whether a Councilmember who has social or political contacts with a candidate for appointment to a City office has a conflict of interest in participating in the appointment process. The Board's opinion is being presented to the Council for its review and approval. 30. Resolution 94-203 Regarding Attendance at the Annual American Public Power Association Conference. It is the practice of Platte River Power Authority to pay travel expenses for Platte River Board and staff members spouses who attend the American Public Power Association's annual conference. This policy was upheld by the Platte River Board of Directors at its meeting on September 29, 1994. The consensus of the Platte River Board was that paying for spouses travel expenses promoted greater participation at the APPA annual conference. The City of Fort Collins Administrative Policies prohibit the City from paying for expenses ' 308 December 6, 1994 of a spouse accompanying an employee traveling on City business. This Resolution states ' that the City Council does not believe it is appropriate for Platte River to pay for spouses' travel expenses and requests that Platte River's Board reconsider this policy. Further, the Resolution requires Fort Collins' Platte River Board representatives to personally pay for the travel expenses of their spouses if they attend the APPA annual conference. 31. Resolution 94-204 Making Appointments to the Commission on Disability, Community Development Block Grant Commission, and the Storm Drainage Board. Vacancies currently exist on the Commission on Disability due to the resignations of Debra Kalin and Steve Annear. Vacancies also exist on the Community Development Block Grant Commission due to the resignation of Scott Queen, and the Storm Drainage Board due to the resignation of Laura Davis. Councilmembers Apt and Kneeland reviewed the applications on file for the Commission on Disability and are recommending that Thomas Brannigan and Mark Kramer be appointed to fill the vacant terms which expire July 1, 1995 and July 1, 1996, respectively. Councilmembers McCluskey and Smith reviewed the applications on file for the Community Development Block Grant Commission and are recommending that Tim Ostic be appointed to fill the vacant term which expires July 1, 1997. ' Councilmember McCloskey, who served as Councilmember Horak's interview partner for this board, has reviewed the active applications on file and is recommending that John Huddleston be appointed to fill the vacant term which expires July 1, 1995. 32. Routine Deeds and Easements. A. Powerline Easement from the Virginia J. Burke Trust, 208 Dartmouth, needed to install a new streetlight. Monetary consideration: $10. B. Powerline Easement from Michael D. and Muriel Kay Shaffer, 245 Jefferson, needed to underground existing overhead electric services. Monetary consideration: $10. C. Powerline Easement from Michael D. and Muriel Kay Shaffer, 245 Jefferson, needed to install streetlight pole and secondary electric vault. Monetary consideration: $240. 309 December 6, 1994 Items on Second Reading were read by title by City Clerk Wanda Krajicek. 8. Items Relating to the East Lincoln Third Annexation and Zoning. A. Second Reading of Ordinance No. 164, 1994, Annexing Approximately 17 Acres, Known as the East Lincoln Third Annexation. B. Second Reading of Ordinance No. 165, 1994, Zoning Approximately 17 Acres, Known as the East Lincoln Third Annexation, Into the I-L, Limited Industrial, District with a PUD Condition. 9. Second Reading of Ordinance No. 166, 1994, Amending Chanter 26 of the Code Relating to User Rates and Charges for the Water and Wastewater Utility. 10. Second Reading of Ordinance No. 167, 1994, Amending Ordinance No. 120, 1993 and Appropriating Unanticipated Revenue in the Downtown Development Authority Fund and Revising Funding Sources for and the Timing of Reimbursements for Improvements to.the Linden Hotel and Salvation Army Building. 11. Second Reading of Ordinance No. 168, 1994, Appropriating $870,000 Unanticipated ' Revenue in the Special Assessments Debt Service Fund. 12. Second Reading of Ordinance No. 169, 1994 Appropriating Prior Year Reserves for�the Purchase of the Land for the Locust Street Outfall. 13. Second Reading of Ordinance No. 170, 1994, Authorizing the Conveyance of a Non- Rxrlusive Fnaement For an iinderaround Telernmmnnirntinns CAMP and Vnnit in Fnvnr Fund for Park Maintenance. 14. Second Reading of Ordinance No. 171, 1994, Authorizing the City to Convey a Public Right -of -Way and Easement for the Proposed Fossil Creek Estates P.U.D. Items on First Reading were read by title by City Clerk Wanda Krajicek. 15. First Reading of Ordinance No. 172, 1994 Appropriating Excess Revenue in the General Fund for Training Programs. 16. First Reading of Ordinance No. 173, 1994, Appropriating Unanticipated Revenue in the General Fund for the Fort Collins Police Services Substance Abuse Prevention Program. 310 December 6, 1994 17. First Reading of Ordinance No. 174, 1994, Appropriating Unanticipated Revenue in the ' Parkland Fund from the Sale of Real Property at 309 South Sherwood. 18. First Reading of Ordinance No. 175, 1994 Appropriating Excess Revenue in the Street Oversizing Fund. 19. First Reading of Ordinance No. 176, 1994 Appropriating Prior Year Reserves and Unanticipated Revenue in the Transit Services Fund. 20. First Reading of Ordinance No. 177, 1994 Adopting the 1995 City of Fort Collins Total Compensation Plan. 21. First Reading of Ordinance No. 178, 1994 of the Council of the City of Fort Collins Amending Section 28-17 of the Code of the City of Fort Collins Relating to Emission Inspections for Motor Vehicles and Visible Emissions from Non -Diesel -Powered Motor Vehicles under the "Model Traffic Code for Colorado Municipalities." 1977 Edition. 22. First Reading of Ordinance No. 179, 1994 of the City of Fort Collins Authorizing the Sale of Property to the Boxelder Sanitation District. 23. First Reading of Ordinance No. 181, 1994 of the Council of the City of Fort Collins ' Authorizing the Mayor and City Clerk to Apply and Contract for Beneficial Use of Water on Behalf of the City of Fort Collins and Prescribing the Terms for Application for an Allocation of the Right to Use Colorado -Big Thompson Project Water to the City by Northern Colorado Water Conservancy'District. 24. First Reading of Ordinance No. 182, 1994 Authorizing the Purchasing Agent to Enter into an Agreement for the Lease -Purchase of Vehicles and Equipment. 38. First Reading of Ordinance No. 180, 1994 Amending Section 4 of Ordinance No. 174, 1993, for the Pumose of Continuing the Effective Date of Said Ordinance Until May 31, 1995. 41. First Reading of Ordinance No. 183, 1994, Amending Section 2-606 of the Code of the City of Fort Collins and Setting the Compensation of the Municipal Judge. 42. First Reading of Ordinance No. 184, 1994 Amending Section 2-581 of the Code of the City of Fort Collins and Setting the Compensation of the City Attorney. 43. First Reading of Ordinance No. 185, 1994 Amending Section 2-596 of the Code of the City of Fort Collins and Setting the Compensation of the Interim City Manager. 311 December 6, 1994 Councilmember Smith made a motion, seconded by Councilmember Kneeland, to adopt and approve all items on the Consent Calendar. The vote on Councilmember Kneeland's motion was as follows: Yeas: Councilmembers Apt, Azari, Janett, Kneeland, McCluskey, Smith and Wanner. Nays: None. THE MOTION CARRIED. Ordinance No. 179, 1994, Authorizing the Sale of Property to the Boxelder Sanitation District, Adopted on First Reading. The following is staff's memorandum on this item. "Financial Impact The sale of property to the Boxelder Sanitation District will result in $15, 000 of unanticipated revenue in the Wastewater fund. Executive Summary This Ordinance authorizes the Mayor to execute an agreement for the sale of City propertyto the Boxelder Sanitation District ("the District") for the total amount of $15, 000, including the sale of a parcel of property for the District to' use in the expansion of its lagoon system subject to the following provisions: (a) That the State of Colorado Water Quality Control Division determines that the expansion of the District's lagoon system is consistent with state and federal water quality laws, rules, regulations, goals and policies, and thus approves the District's site application to expand the lagoon system; (b) That the District complies with the review requirements of C.R.S. Section 30-28-110 and C.R.S. Section 31-23-209 if they are applicable to the District's proposed expansion of its lagoon system and pursuant to these statues the District is authorized to proceed with such expansion; and (c) That the District agrees to make a good faith effort to participate with the City in the future in developing cooperative and/or regional strategies and plans for wastewater treatment. 312 December 6, 1994 BACKGROUND: A few months ago, the District submitted a formal request to acquire property from the City, including a parcel to accommodate an expansion of the District's wastewater treatment lagoon system. The District's request involves three parcels of land as shown on the attached exhibit and described as follows: "Tract A" - The District has requested this 3.5 acre parcel to accommodate its proposed lagoon expansion. The District has offered to pay the City $10, 000 for this parcel which is consistent with similar land transactions. "Tract B" - The District has requested that the City deed this 0.35 acre parcel to the District in order to resolve an ownership/legal description discrepancy which presently exists. "The Easement" - The District has requested an access and underground utility easement extending from the frontage road to the District's facilities. The District has offered the City $5,000 for the "the Easement" and "Tract B". Staff views the District's request for "Tract B" and "the Easement" as fairly non -controversial. The District's request for "Tract A" is perceived as somewhat controversial because of technical ' issues related to the expansion of the District's lagoon system. The staff has serious concerns about the use of lagoon systems to treat commercial and industrial wastes typically generated in urban service areas. It appears that the limitations associated with the lagoon system have inhibited economic growth in the northeast quadrant of the city. Also, customers of the District have expressed concerns about the appropriateness of a lagoon system and the cost of the service they receive. During the past few months it has become apparent that the pending technical issues are not going to be resolved by agreement and that continuing to debate these issues with the District will be frustrating and non productive, and could possibly result in litigation. Therefore, the staff has concluded that the technical issues associated with the expansion of the District's lagoon system should be addressed by the State of Colorado Water Quality Control Division ("the Division ") through the normal site application process. During this process, the City will have the opportunity to express its concern about the technical issues. In addition to the site applications process before the Division, the City and the public may also have the opportunity to further express any concerns and objections they may have regarding the proposed expansion under the review processes that may be required of the District under C.R.S. Section 30-28-110 and C.R.S. Section 31-23-209. Section 30-28-110 may require the District to submit its proposed expansion for a non -binding public review before the Larimer County 313 December 6, 1994 ' Planning and Zoning Board and the Larimer County Board of Commissioners. Section 31-23- 209 may require the District to submit its proposal for a non -binding public review before the Fort Collins Planning and Zoning Board and the City Council. This item was reviewed by the Water Board at its regular meeting on November 18, 1994. After considerable discussion, the Water Board voted 8-2 in favor of recommending adoption of the Ordinance to the City Council. " Councilmember Smith made a motion, seconded by Councilmember Apt, to adopt Ordinance No. 179, 1994, on First Reading. Rick Zier, attorney representing the Boxelder Sanitation District, spoke of policy differences between the District and the City over whether expansion of the Boxelder Sanitation District is warranted or appropriate at this time. He stated the ordinance is contingent upon the State's approval of Boxelder's required site application and urged adoption of the ordinance. Julie Eberhard, 660 Justice Dr., stated she represented several property owners in the District and expressed the concerns of commercial customers. She stated the expansion is not in the best interest of its customers or the City. She stated the lagoon system is inadequate and stated the monies being spent on the expansion could be spent in a more fiscally responsible way. She ' encouraged Councilmembers to rethink the adoption of the ordinance. Councilmember Kneeland asked Water and Wastewater Director Mike Smith to comment on -the statements heard tonight. Smith stated this ordinance does not address those technical issues raised but addresses the sale of the land which is a different issue. The technical issues will be deferred to the State Health Department. Councilmember Smith suggested the City or the District maintain a contact list for each public process review step, especially on the technical issues. Utility Director Rich Shannon stated the Water Board had suggested that District and the Board have a joint meeting in a reasonable period of time to discuss what the future of the District is and how that fits with the City's view of the future. City Attorney Roy reminded that there are two readings of this ordinance. It may be possible to capture, between first and second readings, the intent of Council in terms of the kinds of issues that should be addressed. 314 December 6, 1994 Councilmember Smith supported the ordinance because it allows some processing to begin, but ' it is only a first step. The District will need to do as much outreach as possible to those individuals who have high concerns. Councilmember McCloskey stated he would prefer to work in the spirit of cooperation with the District rather than force people to work with the City. Councilmember Janett stated this is a compromise in that the City has agreed to defer the technical issues to the State and allow the land sale to proceed. Two issues are important to the City, 1) the economic development in that area and 2) the discharge of wastewater into the Poudre River. She encouraged the customers of the District to talk to the Board about decisions on the expansion. She supported a meeting between the Boxelder Board and representatives of the City. The vote on Councilmember Smith's motion to adopt Ordinance No. 179, 1994, was as follows: Yeas: Azari, Apt, Janett, Kneeland, McCluskey, Smith and Wanner. Nays: None. 1o, 11u COI(9]12 [�l_\ N N 11197 Councilmember Reports Councilmember Kneeland reported on the Monday night meeting of area state and federal ' legislators hosted by the Legislative Review Committee. The meeting focused on five areas: education, water and wastewater, transportation, electric utility deregulation and information systems. She reminded that there will be a meeting of the Corridor Committee on Wednesday, December 7. Councilmember Janett reminded Councilmembers of Latimer County's Overall Economic Development Committee meeting on Friday to discuss the future of economic policy making of the County. Councilmember Apt spoke of the Consent item approving the lease/purchase of 24 propane vehicles. He stated he had met with two members of the P&Z Board and staff to discuss concerns about efficiency of dealing with Consent Agenda items and processing applications. Staff will be coming up with strategies to address the concerns. Mayor Azari reported on the NLC meeting in Minneapolis. She stated the meeting focused on changes cities will see as a result of the newly seated 104th Congress. 315 December 6, 1994 ' Items Relating to Dial -A -Ride, Option A Adopted. The following is staff's memorandum on this item. "Financial Impact Option A: Revenues of $513, 000 have been estimated for this program. Adoption of Option A will create an annual operating expense of approximately $674,000 resulting in an additional need of approximately $160, 000 for the 1995 budget. Option B: Revenues of $544,000 have been estimated for this program. Adoption of Option B will create an annual operating expense of approximately $590,000 resulting in an additional need of approximately $46, 000 for the 1995 budget. Staff has recently held a request for proposal process for road service contracts for Dial -A -Ride which will lower the overall costs of the program by $25,000 to $50,000. These reductions are reflected in the costs for Options A & B stated above. Executive Summary ' Option A: Polio - Resolution 94-191, Revising the Americans with Disabilities Act Transit/Paratransit Plan To Include Both Persons with Disabilities and Persons Age Sixty and above as Eligible for Dial -A -Ride Services. Fare Structure Item - Resolution 94-192, Adopting a Fare Structure for Dial -A -Ride. Option B: Policy Item - The policies remain as presently adopted and no change is necessary. Fare Structure Items - A. Resolution 94-191, Eliminating Transfort Senior Fares for Persons Sixty Years and Older and Disabled Fares for Persons with Disabilities Effective January 1, 1995. 316 December 6, 1994 1 B. Resolution 94-192, Limiting Dial -A -Ride to Persons Who Are ADA Eligible and Establishing the Dial -A -Ride Fare at Twice the Full Fixed -Route Fare. These actions will implement a revised policy for paratransit service. Under Option A, service will be provided to the ADA eligible and persons age sixty and above in the Fort Collins urban growth area in 1995. Under Option B, service will be provided to the ADA eligible in the Fort Collins Urban Growth Area in 1995 and thereafter, but not to persons age sixty (60) and older. These actions also establish a fare structure for paratransit service and promote other transportation modes for the disabled and elderly. Options A and B represent two different fare options as well. Under Option A, fare would be incrementally imposed over a three year period until they reached twice the Transfort full fare (currently $.80). Under Option B, fares would be set at twice the Transfort full fare (currently $.80) in 1995. BACKGROUND: Dial -A -Ride is a transit program that meets specific transportation needs to persons with disabilities and those 60 years and older. Since its inception in 1994, ridership has far exceeded the 42,000 annual trips projected. Total trips are now expected to surpass the 64,000 ' mark resulting in a total unbudgeted shortfall in 1994 of $235, 000. On September 20th City staff presented a recommendation to Council concerning future Dial -A - Ride operations and policies. That recommendation, represented in this summary as Option B, differed from the recommendations of the Transportation Board, the Senior Advisory Board, and the Commission on Disability. In fact, all four groups differed in their recommendations of who to serve and fare structures. Council directed the groups to reach a consensus on service and fares and to present the recommendation as soon as possible. Throughout October, Board/Commission and Council representatives worked to resolve the differences in the respective recommendations originally presented to Council. Option A represents the result of these efforts and serves as the recommended option. Option A: Consensus recommendation for Dial -A -Ride beginning January 1, 1995. Policy Items - 1. Serve both the ADA eligible and persons age 60 and above. 2. Continue to encourage the funding of the SAINT program by the Fort Collins Area United Way exclusive of the City's Dial -A -Ride program, but with continued support on the part of Dial -A -Ride staff. 317 December 6, 1994 3. Work to secure additional funding sources for the Dial -A -Ride program external to the City, e.g., Medicaid, Office On Aging, etc. 4. Reevaluate current road operations to secure a lower cost. 5. Establish a Contingency Fund to protect the low-income. A recommended 50% subsidy for the low-income will affect approximately 40% of Dial -A -Ride customers (320 people). 6. Establish an effective educational program designed to teach and encourage Transfort ridership by Dial -A -Ride customers. Fare Structure Item - Charge fares to all Dial -A -Ride customers at the full Transfort fare in 1995; at 1.5 times the full Transfort fare in 1996; and, at twice the full Transfort fare in 1997 and thereafter. The Dial -A -Ride fare would change at these rates as the full Transfort fare changes. Option B: September 20, 1994 staffs recommendation to Council for Dial -A -Ride beginning January 1, 1995 Policy Items - 1. Serve only the ADA eligible. 2. Continue to encourage the funding of the SAINT program by the Fort Collins Area United Way outside the City's Dial -A -Ride program with continued collateral support on the part of Dial -A -ride staff. 3. Work to secure additional funding sources for the Dial -A -Ride program external to the City, e.g., Medicaid, Office'On Aging, etc. 4. Evaluate current road operations to secure a lower cost. 5. Establish an effective educational program designed to teach and encourage Transfort ridership by Dial -A -Ride customers. Fare Structure Items - Charge fares to all Dial -A -Ride customers at twice the full Transfort fare in 1995 and thereafter. The Dial -A -Ride fare would change at this rate as the full Transfort fare changes. Eliminate fares for the Elderly and Disabled on Transfort. Americans with Disabilities Act (ADA) The Americans with Disabilities Act requires that communities with a feed route bus system provide paratransit service. Regulations contained in the ADA set forth service guidelines that must be met including, but not limited to, next day service, no prioritization, and requirements for pickup and delivery of customers. These service guidelines represent a significant change from past service which allowed for limited service guarantees to demand response customers 1 318 December 6, 1994 because o ndin limitations. The ADA regulations apply to on individuals that meet the ADA ' ffn 8 8 PP h' eligibility requirements and not to the non -disabled elderly. Paratransit Policy: The present Council paratransit policy, found in the City's Americans With Disabilities Act Transit/Paratransit Plan, defines the service level for the Dial -A -Ride program as: "If service is limited, trips will be provided to individuals in accordance with the following priority: 1. ADA Eligible persons requesting non -subscription service; 2. ADA Eligible persons requesting subscription service; " (Subscription trips are those trips that are regularly scheduled.) Option A recommends revising the Plan by adding a third priority for "non -disabled individuals age 60 and over" by the addition of the following sentence immediately after the above referenced quoted language: "Both ADA eligible disabled individuals and persons sixty years of age and older shall be eligible for the City's paratransit services. Administrative Services Director Pete Dallow provided history on the Dial -A -Ride program and detailed budgetary and ridership concerns related to Dial -A -Ride. He spoke of the policy committee formed to develop a consensus Pecommendation to bring back to Council. The committee addressed the questions of what clientele should be served, what fares should be charged and alternatives to mitigate the impact of fares on low income riders. He explained the options presented and thanked the members of the committee for their participation. Kay Rios, Senior Advisory Board representative to the committee, stated the process used allowed the discussion of several key issues. She stated the committee was able to develop a consensus which is contained in Option A. Colin Gerety, Transportation Board representative to the committee, spoke of Transportation Board concerns. The Board discussed fares and decided the fares should reflect in some degree the cost of providing the service. The Board believes it is reasonable to serve the elderly and felt the need for a contingency plan to subsidize fares for low income riders. Councilmember Janett pointed out that seniors need access to transportation and for some of them, Transfort fixed route service will not work. She stated that with this policy the City is charging fares for senior and persons with disabilities and basing those fares on their financial 319 December 6, 1994 situation rather than their status of age or physical condition. She stated the fare differential between Transfort and Dial -A -Ride will provide some incentive for elderly and disabled persons to use Transfort. Councilmember Janett made a motion, seconded by Councilmember Smith, to adopt Resolution 94-191, Option A. Marc Korb, 3567 Tradition Dr., observed that adoption of this resolution affirms a policy which sets a series of priorities but does not decide whether the priorities are going to be selected. The 60+ group may be adversely affected. Cynthia Bergen, 220 E. Laurel, encouraged the development of additional fixed route bus routes as a way to get Dial -A -Ride costs down. She spoke of the number of seniors who should not be operating motor vehicles. The vote on Councilmember Janett's motion was as follows: Yeas: Apt, Azari, Janett, Kneeland, McCluskey, Smith and Wanner. Nays: None. THE MOTION CARRIED. ' Councilmember Janett made a motion, seconded by Councilmember Kneeland, to adopt Resolution 94-192, Option A. Councilmember Janett asked if any additional staffing is anticipated as a result of this fare policy. Daggett replied negatively and stated staff has taken the position that the City would be best served if the road operators collect the fares. Each road operator is given a manifest each day that will list the fares that should have been collected. The road operators will retain those revenues received which will then be deducted from their billing invoice. The vote on Councilmember Janett's motion to adopt Resolution 94-192 was as follows: Yeas: Councilmembers Apt, Azari, Janett, Kneeland, McCluskey, Smith, and Wanner. Nays: None. THE MOTION CARRIED. 320 December 6, 1994 Items Relating to the Executive Search Process, Adopted I The following is staff's memorandum on this item. "Financial Impact Staff estimates that the cost of conducting this search will be approximately $30, 000. These costs include the contract with an executive search firm, advertising expenses, candidate expenses and interview costs. Funds for the search were authorized in the Second Reading of the 1995 Budget. Executive Summary A. Resolution 94-205 Establishing a Process for Appointing the City Manager. This Resolution establishes a process to be used by the Council and staff in conducting the search for a new City Manager. The Resolution addresses four aspects of the recruitment and selection process, including: a. Hiring and role of an executive search firm; b. Role of two Council Committees; ' C. Role of a Citizen Advisory Panel; and d. Role of staff committee. The Resolution also establishes parameters regarding confidentiality of applications during the process and the final selection process. B. Resolution 94 206 Establishing and Appointing an Ad Hoc Council Liaison Committee for the Executive Search Process. This Resolution establishes an Ad Hoc Council Committee which will participate in the executive search process. The Committee will be responsible for interviewing and selecting members of the Citizen Advisory Panel. C. Resolution 94-207 Establishing a Citizen Advisory Panel for the Executive Search Process. The Resolution establishes the Panel and describes its role in the executive search process. 321 1 J December 6, 1994 BACKGROUND: At Council's October 25 worksession, a process for conducting the executive search process to fill the City Manager position was discussed. At that time, Council agreed on several aspects of the process to be used. First, Council agreed that it would contract for the services of an executive search firm to assist in the recruitment and selection process. The role of the consultant will include the following: 1. Assist in the development of the job description for the City Manager position; 2. Conduct a national recruitment for the position, including placing advertisements in appropriate publications, as well as recruitment of specific candidates known to the consultant; 3. Receive and screen applications; 4. Conduct background checks; and 5. Recommend final candidates to the Council for interviews. Proposals have been received from 11 executive search firms who wish to provide these services. Staff collected information from Council members regarding the criteria to be used in evaluating ' the firms, and 3 staff members are currently reviewing the proposals. Staff will recommend a small number of firms for interviews. Council agreed that the Council Organizational Task Force will interview and recommend a search firm to the full Council. Second, Council agreed to establish a Citizen Advisory Panel to assist in the process. Members of the Panel will be recruited from the community and should represent a broad cross-section of interests. Applicants will be interviewed by a Council Ad Hoc Liaison Committee. The thirteen member panel will serve in an advisory capacity to the City Council regarding the development of the job description. The panel will also interview and make recommendations to Council regarding the finalists for the position. Finally, Council agreed to involve City staff in the search process by establishing a staff committee which will provide input on the job description and also participate in the final interview process. Staff members will also be asked to provide final candidates with information and community tours. Attachment A is a detailed time line and work plan for the executive search process. It provides information about the steps involved in completing the recruitment and selection process, as well as the individuals or groups who are responsible for completing each action item. Attachment B is a description of the duties and expectations of members of the Citizen Advisory Panel. A job description for members will be included with the applications for the Panel. " 322 December 6, 1994 L_ Human Resources Manager Ann Turnquist spoke of the October 25 worksession on this topic. She stated three resolutions are presented in this package. The resolutions establish the roles of five groups that will participate in the City Manager search process. The first is the search firm that Council agreed to hire. Its role will be to work with Council to develop the job description for the position, conduct a nation-wide recruitment effort, screen applications and work with Council on the interview and selection process. The second group is the Organizational Task Force that will interview the search firm candidates and will act as the liaison between the search firm and the whole Council throughout the process. The third group will be the 13-member Citizen Advisory Panel who will assist in developing the job description and will participate in the interview process. The fourth group is the ad hoc liaison committee, consisting of three Councilmembers who will interview the applicants for the Citizen Advisory Panel and act as a liaison between the Committee and the whole Council. The last committee is the staff committee which will provide input into the job description, provide information to the candidates when they arrive for interviews and will participate in a staff interview process. She stated that another resolution will be presented to appoint the Citizen Advisory Panel when those citizens have been interviewed and recommended for appointment. Mayor Azari stated that in order to keep communications flowing between the ad hoc liaison committee and the Organizational Task Force, she had suggested that she participate in both committees. ' Councilmember McCluskey stated his concern was that all Councilmembers have an opportunity to participate and the intent was that the two committees would provide that opportunity and separate the work. The numbers of committee members may need to be expanded to prevent any Councilmembers from being excluded. Councilmember Smith asked why the Citizen Advisory Panel membership was set at 13 members. Mayor Azari replied that the Leadership Team believed committee membership should be set at 13 so as many voices as possible could be represented on the Panel. Councilmember Janett encouraged staff to suggest schedule changes wherever possible as the process unfolds in order to shorten the time frame. Mayor Azari expressed concern that the time frame does not show an employee committee participating in a parallel way with the Citizen Advisory Panel. Turnquist responded that some language needs to be modified in the workplan to reflect the participation of a staff committee at the various stages of the process, although that was the staff intent all along. 323 December 6, 1994 Mayor Azari suggested she act as a coordinator/floater between the committees but not actually serve on either. The other six Councilmembers would make up the two committees. She stated the name of the committee to interview the executive search firms will need to be modified and reference to the Organizational Task Force will be deleted. She asked for resolution language to clarify her participation in the process. Councilmember Kneeland made a motion, seconded by Councilmember McCluskey, to adopt Resolution 94-205, deleting reference to the Organizational Task Force and replacing that term with ad hoc Executive Search Firm Committee. The vote was as follows: Yeas: Apt, Azari, Janett, Kneeland, McCluskey, Smith and Wanner. Nays: None. THE MOTION CARRIED. Councilmember Smith made a motion, seconded by Councilmember McCluskey, to adopt Resolution 94-206, with language to reflect the addition of the second ad hoc committee, the ad hoc Executive Search Firm Committee and adding the names of Councilmembers Janett, McCluskey and Wanner as members of the ad hoc Council Liaison Committee and Councilmembers Apt, Kneeland, and Smith as members of the ad hoc Executive Search Finn Committee. The vote was as follows: Yeas: Councilmembers Apt, Azari, Janett, Kneeland, McCluskey, Smith and Wanner. Nays: None. ' THE MOTION CARRIED. City Attorney Roy stated Council has described a role for the Mayor but that role does not appear in either resolution. He recommended such language be included in Resolution 94-205 which establishes a process for appointing the City Manager and establishes the two committees. He suggested the following Section 3 be added to Resolution 94-205: Section 3. That the Mayor will coordinate the activities of both committees with the Human Resources Department to facilitate the entire process. Councilmember McCluskey made a motion, seconded by Councilmember Apt, to reconsider Resolution 94-205. The vote was as follows: Yeas: Councilmembers Apt, Azari, Janett, Kneeland, McCluskey, Smith and Wanner. Nays: None. THE MOTION CARRIED. Councilmember Apt made a motion, seconded by Councilmember Janett, to amend Resolution 94-205, to add a new Section 3 relating to the role of the Mayor as described by the City Attorney. The vote was as follows: Yeas: Councilmembers Apt, Azari, Janett, Kneeland, McCluskey, Smith and Wanner. Nays: None. 324 December 6, 1994 THE MOTION CARRIED. Councilmember Apt made a motion, seconded by Councilmember Smith, to adopt Resolution 94- 205 as amended. The vote was as follows: Yeas: Councilmembers Apt, Azari, Janett, Kneeland, McCluskey, Smith and Wanner. Nays: None. THE MOTION CARRIED. Councilmember Smith made a motion, seconded by Councilmember Kneeland, to adopt Resolution 94-207. The vote was as follows: Yeas: Councilmembers Apt, Azari, Janett, Kneeland, McCluskey, Smith and Wanner. Nays: None. THE MOTION CARRIED. Ordinance No. 180, 1994, Amending Section 4 of Ordinance No. 179, 1993 for the Purposes of Continuing the Effective Date of Said Ordinance Until May 31, 1995, Adopted on First Reading The following is staff s memorandum on this item. I "Executive Summary Ordinance No. 179, 1993 amended the minimum lot size of the NCM, Neighborhood Conservation Medium Density Zoning district. 'The amendment was for a limited time period to preclude the development of secondary residential structures within the East Side and West Side neighborhoods until December 31, 1994 or until design criteria supplemental to the neighborhood plans could be developed, whichever came first. Due to unanticipated special projects and staff turnover, the start of the project has been delayed. A design consultant has been hired to develop the guidelines under the direction of the Planning Department. BACKGROUND. Ordinance No. 179, 1993 was adopted as an emergency ordinance on December 21, 1993. The Ordinance amended the minimum lot size in the NCM, Neighborhood Conservation Medium Density zoning district from 4,500 square feet to 5,500 square feet. This was done to preclude the development of secondary residential structures on small lots in the Eastside and Westside neighborhoods until design criteria could be established. These criteria would control the architectural character and square footage of new development and determine the percentage of lots in a block that can contain secondary units. The amendment was to stay in effect until 325 December 6, 1994 ' December 31, 1994 or until design criteria had been adopted by the City Council, whichever came first. Work on this project was due to start in June, 1994. However, due to unanticipated projects, such as development of the Land Development Guidance System (LDGS) phasing criteria, Harmony Corridor Plan Update and the "superstore" project, which required shifts in staff resources, and staff turnover, implementation of the project was delayed. In October, 1994, a contract was signed with Winter and Company, and RNL Design, two planning/architecture/historical preservation firms, to complete the design guidelines. Recently, Planning staff and the consultants met to set the work program and time lines to complete this process. It is necessary to extend the cut-off date in Ordinance No. 179 to ensure secondary residential structures comply with the developing guidelines. It is anticipated that the guidelines will be presented to City Council no later than the end of May, 1995. " Chief Planner Bob Blanchard stated this is a request to extend the interim zoning standards pertaining to the minimum lot size for the Neighborhood Conservation Medium (NCM) Density Zoning district. He stated the ordinance adopted in 1993 was in response to concern in the Eastside/Westside neighborhoods about the development of secondary residential structures on ' small lots. The ordinance raised the minimum lot size for an interim period of time from 4,500 sq. ft. to 5,500 sq. ft. The interim time period was to expire December 31, 1994, or until design guidelines for those two neighborhoods were completed and adopted by the Council, whichever came first. It was originally anticipated that this work would be completed "in-house" and the work program was scheduled to start in June. Because of special projects in the planning department and staff turnover, staff was directed to retain the services of a consultant who was selected in September. It is obvious that the design guidelines will not be completed as scheduled by the end of December and staff is requesting an extension of the interim zoning guidelines to May 31, 1995 or until the design guidelines are completed and adopted by Council. This time period will offer the consulting team an opportunity to complete its work, will give the Planning and Zoning Board an opportunity to review the guidelines and make recommendations and provide enough time for Council adoption. " Councilmember Kneeland made a motion, seconded by Councilmember Wanner, to adopt Ordinance No. 180, 1994, on First Reading. Lou Stitzel, 521 E. Laurel, expressed hope that this project will not be delayed further and will retain a high priority. She expressed concern about the make-up of the citizen committee with only four representatives from the Eastside/Westside neighborhoods. The committee appears to be made up of professionals who do not live in the neighborhood. 326 December 6, 1994 Jeff Bridges, 725 Mathews, member of the Leadership Team of the Centennial neighborhood, ' expressed additional concerns about the make-up of the citizen committee and stated four out of fourteen is insufficient representation for the neighborhood. Blanchard stated he had no problem expanding the committee, if Council believes it would be appropriate. There will be an extensive citizen participation process undertaken by the committee including workshops, interviews, and contact with sub -neighborhood organizations. The intent is to provide as much opportunity for neighborhood input as possible. Councilmember McCluskey stated he would not support the ordinance because he believed it was an extension of the emergency ordinance adopted in 1993. Councilmember Janett stated she was not pleased by the delay and encouraged staff to come back to request additional resources, if necessary. Mayor Azari expressed her disappointment about the delay. She expressed hope that the end product will be positive for both the Eastside and Westside neighborhoods. The vote on Councilmember Kneeland's motion to adopt Ordinance No. 180, 1994, on First Reading was as follows: Yeas: Councilmembers Apt, Azari, Janett, Kneeland, Smith and Wanner. Nays: Councilmember McCluskey. ' THE MOTION CARRIED. Resolution 94-208 Making Board and Commission Liaison Assignment and Committee Appointments, Adopted. The following is staff s memorandum on this item. "Executive Summary The resignation of Councilmember Gerry Horak effective October 28, 1994 created a Council vacancy in District 6. Council recently appointed Charles Wanner to fill the District 6 vacancy. Mr. Horak's resignation also left several vacancies in board and commission liaison assignments and committee appointments. Mr. Horak held the following assignments: Board or Commission Liaison: Cultural Resources Board 327 December 6, 1994 Housing Authority Landmark Preservation Commission Parks and Recreation Board Planning and Zoning Board Senior Advisory Board Storm Drainage Board Water Board Committee Assignments: Downtown Development Authority Board Ethics Review Board Finance Committee Health and Safety Committee Joint Utility District Advisory Committee North Front Range Transportation/Air Quality Council Organizational Task Force Poudre Fire Authority Board of Directors The Organizational Task Force, which is currently inactive, will be active in the search process for a new City Manager. More information on the role of the Organizational Task Force is included in this agenda under Items Relating to the Executive Search Process. " After discussion, Councilmember McCluskey made a motion, seconded by Councilmember Apt, to adopt Resolution 94-208 inserting the names of the following Councilmembers: Cultural Resources Board: Smith Housing Authority: Wanner Landmark Preservation Commission: Janett Parks and Recreation Board: McCluskey Planning and Zoning Board: Janett Senior Advisory Board: Azari Storm Drainage Board: Wanner Water Board: Apt Downtown Development Authority Board: Wanner Ethics Review Board: Apt Finance Committee: Wanner Health and Safety Committee: Wanner Joint Utility District Advisory Committee: Apt North Front Range Transportation/Air ' Quality Council: Smith 328 December 6, 1994 Organizational Task Force: Wanner ' PFA Board of Directors: Wanner The vote on Councilmember McCluskey's motion was as follows: Yeas: Councilmembers Apt, Azari, Jarrett, Kneeland, McCluskey, Smith and Wanner. Nays: None. THE MOTION CARRIED. Resolution 94-210 Filling a Vacancy for the City's Appointed Director on the Platte River Power Authority Board of Directors, Adopted, Appointing Rich Shannon. The following is staff's memorandum on this item. "Executive Summary The Platte River Board of Directors is comprised of two representatives from each of the four member cities. The Mayor (or Mayor's designate) fills one slot and the second representative is appointed by the Council. In January, Council adopted Resolution 94-17 appointing Councilmember Gerry Horak to serve on the PRPA Board of Directors as the City's ' representative. Councilmember Horak resigned from City Council effective October 28, 1994, and a vacancy therefore exists for the City's appointed representative on the PRPA Board. Council needs to appoint a representative for the remainder of Councilmember Horak's unexpired term until December 31, 1996. " Councilmember Apt made a motion, seconded by Councilmember McCluskey, to adopt Resolution 94-210, inserting the name of Rich Shannon. Councilmember Janett stated the deregulation of the electric utility will bring major decision points in front of PRPA and the City in the near future. There needs to be more discussion with Council on information and process and it might be appropriate at some point for the Councils of the five cities that constitute PRPA to get together on the future of the electric utilities. Council may want to consider a Council committee similar to the Water Planning Committee that would review options for the public power industry. Councilmember Kneeland stated that with this change designating the Utility Director as one of the City's representatives on PRPA, the lines of communication will need to be kept open. Both representatives need to be informed when Councilmembers need more information or if there are issues that need to be brought forward. 329 1 December 6, 1994 ' Councilmember Apt stated Utility Director Shannon has suggested that Council schedule at least one worksession each year with PRPA General Manager Thaine Michie and the Electric Board to enhance the communication. Shannon suggested Thaine Michie form an environmental advisory board to work with PRPA to facilitate more communication with the community. Councilmember Kneeland expressed concern about creating another committee from the workload standpoint. She suggested looking at the content of the work and then direct that work to one of the committees that is already formed. The vote on Councilmember Apt's motion to adopt Resolution 94-210 was as follows: Yeas: Councilmembers Apt, Azari, Janett, Kneeland, McCluskey, Smith and Wanner. Nays: None. THE MOTION CARRIED. Items Relating to the Municipal Judge Adopted The following is staffs memorandum on this item. "Executive Summary IA. Resolution 94-209 of the Council of the City of Fort Collins Reappointing Kathleen M. Allin as Municipal Judge. Article V71, Section 1, of the Charter provides that the Municipal Judge is to be appointed for a term of two years. Judge Allin was first appointed to serve as the City's Municipal Judge for a term commencing July 1, 1989. She was reappointed in 1991 and again in November 1992 (when the term was adjusted to begin January 1, 1993 and end December 31, 1994). The purpose of the proposed Resolution is to reappoint Judge Allin to a new term commencing January 1, 1995. B. First Reading of Ordinance No. 183, 1994, Amending Section 2-606 of the Code of the City of Fort Collins and Setting the Compensation of the Municipal Judge. City Council met in Executive Session on November 22, 1994 to conduct the performance appraisal of Municipal Judge Kathleen M. Allin. This ordinance establishes the 1995 salary of the Municipal Judge. BACKGROUND: City Council is committed to compensating employees in a manner which is fair, competitive and understandable. The goal as an employer is to attract and retain quality employees and to recognize and reward quality performance. 330 December 6, 1994 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 1994, the total compensation paid to the Municipal Judge included the following: SALARY AND BENEFITS ANNUAL Base salary: $58, 824 Medical Insurance 4, 632 Life Insurance: 141 Long Term Disability: 441 Dental Reimbursement: 138 Pension: ICMA 401(a) & ICMA 457 7,647 FICA 4,611 Non -Monetary Benefits Vacation: (20 days per year) Holidays: (II days per year) Total Monetary Compensation = $76,434" ' Councilmember Apt made a motion, seconded by Councilmember Smith, to adopt Resolution 94- 209. The vote was as follows: Yeas: Councilmembers Apt, Azari, Janett, Kneeland, McCluskey, Smith and Wanner. Nays: None. THE MOTION CARRIED. Councilmember Apt made a motion, seconded by Councilmember McCluskey, to adopt Ordinance No. 183, 1994, on First Reading, inserting the base salary figure of $61,177 and the total compensation figure of $78,930. Mayor Azari stated Council and the Mayor are very satisfied with the work that Kathleen Allin does as Municipal Judge. She stated Councilmembers look forward to improving their relationship with the Judge over the next two years. The vote on Councilmember Apt's motion was as follows: Yeas: Councilmembers Apt, Azari, Janett, Kneeland, McCluskey, Smith and Wanner. Nays: None. 331 December 6, 1994 1 THE MOTION CARRIED. Ordinance No. 184, 1994, Amending Section 2-581 of the Code and Setting the Compensation of the City Attorney. Adopted on First Reading. The following is staff's memorandum on this item. "Executive Summary City Council met in Executive Session on November 22, 1994 to conduct the performance appraisal of City Attorney Steve Roy. This ordinance establishes the 1995 salary of the City Attorney. BACKGROUND: City Council is committed to compensating employees in a manner which is fair, competitive and understandable. The goal as an employer is to attract and retain quality employees and to recognize and reward quality performance. ' In order to accomplish this goal the City Council and the City Attorney meet once a year to discuss last year's performance and set goals for the coming year. In 1994, the total compensation paid to the City Attorney included the following: SALARY AND BENEFITS ANNUAL Base salary: $80, 262 Medical Insurance 4,632 Life Insurance: 193 Long Term Disability: 602 Dental Reimbursement: 138 Pension: ICMA 401(a) & ICMA 457 10,434 FICA 4,921 Non -Monetary Benefits Vacation: (20 days per year) Holidays: (11 days per year) Total Monetary Compensation = $101,182 " 1 332 December 6, 1994 Councilmember Janett made a motion, seconded by Councilmember McCluskey, to adopt Ordinance No. 184, 1994, on First Reading, inserting the base salary figure of $84,000 and the total compensation figure of $105,181 and with the addition of a new Section 2. as follows: "Section 2. That the non -monetary benefits for this position as they relate to vacation accrual shall be increased from 20 days annually to 25 days annually, to be accrued on a biweekly basis." Councilmember McCluskey stated City Attorney Roy was rated very highly by Councilmembers and by his peers. The past year has been turbulent in many ways and Councilmembers believe his performance was very good and that he is deserving of the increase. The vote on Councilmember Janett's motion was as follows: Yeas: Councilmembers Apt, Azari, Janett, Kneeland, McCluskey, Smith and Wanner. Nays: None. THE MOTION CARRIED. Ordinance No. 185, 1994, Amending Section 2-596 and Setting the Compensation of the Interim 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 22, 1994, to discuss and set the goals of Interim City Manager Diane Jones while she serves in this position. This ordinance establishes the salary and compensation provided the Interim City Manager while she serves in this capacity. BACKGROUND: City Council has appointed Deputy City Manager, Diane Jones, to serve as Interim City Manager in October, 1994. City Council appointed her to this position with the understanding that her compensation would be adjusted and made retroactive to the effective date of her appointment on October 22, 1994. 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. 333 December 6, 1994 In order to accomplish this objective the City Council and the Interim City Manager met to discuss and set her goals while she serves in this capacity. In 1994, the total compensation paid to the Deputy City Manager included the following: SALARY AND BENEFITS ANNUAL Base salary: $82,134 Medical Insurance: 4,632 Life Insurance: 197 Long Term Disability: 616 Dental Reimbursement: 138 Pension: ICMA 401(a) & ICMA 457 10,677 FICA 4,949 Non -Monetary Benefits Vacation: (20 days per year) Holidays: (II days per year) ' Total Monetary Compensation = $103,343" Councilmember Kneeland made a motion, seconded by Councilmember Smith, to adopt Ordinance No. 185, 1994, on First Reading, inserting the base salary figure of $84,598 and the total compensation figure of $108,407. Councilmember Kneeland stated Interim City Manager Jones has done a great job in making the transition smooth and Council has a lot of confidence in her abilities. The vote on Councilmember Kneeland's motion was as follows: Yeas: Councilmembers Apt, Azari, Janett, Kneeland, McCluskey, Smith and Wanner. Nays: None. THE MOTION CARRIED. Ordinance No. 176, 1994, Appropriating Prior Year Reserves in the Transit Services Fund. Adopted on First Reading. The following is staff s memorandum on this item. 1 334 December 6, 1994 "Financial Impact This item appropriates $42, 839 in the Transit Services Fund to cover additional costs of providing the Dial -A -Ride program in 1994. The Prior Year Reserve balance has been identified to cover the shortfall. Approval of this Ordinance draws the 1993 Reserve balance to zero. However, 1994 Reserve balance is estimated to be approximately $90, 000 after this appropriation. Executive Summary These actions will appropriate the resources necessary to meet Dial -A -Ride's 1994 financial obligations through the end of 1994. Dial -A -Ride demand continues to increase and the latest estimate suggests that ridership will now exceed 64,000 rides in 1994 causing the shortfall over what has been previously appropriated. The contribution on the part of Larimer County's Office On Aging brings external resources to bear in providing these services. BACKGROUND: In March 1994 Transfort began the Dial -A -Ride program serving specific transportation needs for persons with disabilities and those 60 years and older. The Dial -A -Ride program has been ' very successful and has far exceeded staffs trip projections (the original projection was 42, 000 trips, actual trips are expected to reach over 64,000) causing a $42,839 shortfall in 1994 funding over what had been previously appropriated. Why the increase in ridership? Staff believes the ridership increase is the result of improved service. When the Americans with Disabilities Act was enacted, it required communities with a fixed route bus system to guarantee paratransit service. In addition, the ADA regulations contain service guidelines which must be met, i.e. next day service, no prioritization, requirements for pickup and delivery of customers, etc. This was a significant change from past .service which provided limited service guarantees to demand response customers because of funding limitations. The ADA regulations only apply to individuals who meet the ADA eligibility requirements, the regulations do not apply to the non -disabled elderly. However in 1993, staff recommended the same service guidelines apply to the elderly, and Council agreed. Staff continues to track ridership demand which has exceeded its September projection of 60,123. Dial -A -Ride is averaging over 245 rides a day in its service to persons age 60 and over and persons with disabilities will exceed 64,500 rides in 1994. The Office On Aging (OOA) contribution is a funding source which staff has worked hard to procure. The contribution is intended to offset costs for providing paratransit services to seniors in the urban growth area in 1994. A contribution for 1995 is pending. ' 335 December 6, 1994 The total cost for the operation of paratransit services in 1994 is projected to be $749, 922. " Transfort Manager John Daggett provided an explanation of the changes in the ordinance. He noted there had been some confusion between Budget, Larimer County, and Transfort in terms of the Office of Aging dollars that were coming to the City for Dial -A -Ride. The dollars were appropriated in the clean-up ordinance and couldn't be appropriated twice. He suggested the $42,839 be appropriated from Prior Year Reserves. Councilmember McCluskey made a motion, seconded by Councilmember Kneeland, to adopt Ordinance No. 176, 1994, (revised version) on First Reading. The vote was as follows: Yeas: Councilmembers Apt, Azari, Janett, Kneeland, McCluskey, Smith and Wanner. Nays: None. THE MOTION CARRIED. Other Business Councilmember Janett asked that staff draft a resolution of support for the Senior Job Match program, including the $2,000 matching fund and that the resolution be scheduled for the December 20 regular meeting. ' Chief Building Official Felix Lee summarized the events that lead up to -the appearance of BRB member John Meleski during Citizen Participation. He stated the Spring Creek St. Vrain Platte cluster condominium project was presented to staff and staff determined that because the project consisted of several multi -family buildings, four-plexes or larger, that all ground floor units would have to be accessible. Additionally, the local amendment requires that bedrooms and similar features that are found in the non -accessible units also be in the accessible units in basically the same ratio. That provision was developed three years ago because in some cases the accessible unit requirement was being fulfilled exclusively by one bedroom units. The appellant presented the project to the BRB on October 27 and at that hearing there was a great deal of discussion about number of accessible units, number of bedrooms, and some confusion about how the local amendment would apply. Consideration of the project was postponed to allow the appellant to work with staff in an attempt to resolve the issue. He stated he agreed to compromise to the extent that he would consider all of the units in the development including the accessible units and the total number of units involved with respect to number of bedrooms and determine the ratio based on that for the accessible units. This would result in about half of the accessible units being one -bedroom and the other half being two -bedroom units. The appellant felt that was still a hardship and requested a special BRB meeting to make a final decision. The BRB voted to deny the appeal and felt that because the project didn't meet the requirements, it was not within its purview to grant the variance. J 336 December 6, 1994 Mayor Azari stated Council has heard the concern and asked if the BRB believes the policy should be revisited. Lee responded that there is some feeling that the language is not clear enough and may provide some confusion. He stated that because he was involved in the drafting of the provision, he believed he had the understanding and the judgement to administer the provision in the manner in which it was intended. He stated he would want to consult with the COD because that board was heavily involved in its drafting. The COD reviewed the appellant's project and unanimously supported the local amendment and felt the appellant had not put forth enough effort to comply with the requirement. Mayor Azari stated there is no action Council can take on this item. She suggested that any further concerns on the part of the developer be communicated in writing to the Mayor and she will then determine how the concerns might be addressed. She suggested Mr. Meleski schedule some time with her (as the liaison to the BRB) to discuss the issue further. Adjournment Councilmember Janett made a motion, seconded by Councilmember Smith, to adjourn into Executive Session to discuss legal matters related to an adversarial situation. The vote was as I follows: Yeas: Councilmembers Apt, Azari, Janett, Kneeland, McCluskey, Smith and Wanner. Nays: None. THE MOTION CARRIED. At the conclusion of the Executive Session, Councilmember McCluskey made a motion seconded by Councilmember Smith to adjourn the meeting to 6:30 p.m. on December 13. The vote was as follows: Yeas: Councilmembers Apt, Azari, Janett, Kneeland, McCluskey, Smith and Wanner. Nays: None. THE MOTION CARRIED. The meeting adjourned at 12:00 a.m. AT TEST: �-j City Cler (/ / 337