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HomeMy WebLinkAboutMINUTES-06/01/1993-RegularJune 1, 1993 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, June 1, 1993, 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, Horak, Janett, Kneeland, McCluskey, and Winokur. Staff Members Present: Burkett, Krajicek, Roy. Agenda Review Councilmember Janett requested that Item #11, Hearing and First Reading of Ordinance No. 51, 1993, Appropriating Prior Year Reserves and Unanticipated Revenue for Police Seizure Activity, be withdrawn from the Consent Calendar.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 will be considered separately under Agenda Item #20, Pulled Consent Items. 7. June 15. In August of 1986, the City issued $30,060,000 of Sales and Use Tax Revenue Bonds. These bonds refunded prior City issues, including the August 1981, October and December 1982, and November 1984 Sales and Use Tax Bond issues, the SouthRidge Bond Anticipation notes, and the Block 31 Intergovernmental Agreement. The net effective interest rate on the 1986 Bonds was 7.36%. After First Reading on March 16, the municipal bond market rates rose to approximately 5.75% in the 2009 maturity. As the rates on the bonds rose, the savings to City declined to less than 2% net present value. Therefore, staff recommended that completion of the refunding wait until the higher saving level is achievable and recommends the Second Reading of the Ordinance be postponed to June 15. Adoption of the Consent Calendar will postpone consideration of the Second Reading of the Ordinance to.June 15. Q k! 10. June 1, 1993 ' Subdivision. This Ordinance was unanimously adopted on First Reading on April 20. On March 22, 1993, the Planning and Zoning Board approved the ShopKo P.U.D., Preliminary. The ShopKo site is located on the east side of South College Avenue between Boardwalk Drive and Bockman Drive. Included in this area is the portion of the old Muddy Road right-of-way proposed for vacation with this Ordinance. ShopKo was granted unanimous final approval at the April 26 Planning and Zoning Board meeting. On May 11 property owner Marjorie Pease, asked that the Second Reading of this Ordinance, originally scheduled for May 18, be postponed to June 1. Mrs. Pease and staff now recommend that this Ordinance be adopted on Second Reading. This Ordinance, which was unanimously adopted on First Reading on April 20, requires the City to set up an escrow account for the payment of the Refunded bonds into which most of the 1993 Refunding Bond proceeds will be deposited. The Refunded Bonds will be called prior to their respective maturity dates according to the redemption terms of the 1986 issue. In August of 1986, the City issued $3,845,000 of General Obligation Park Refunding Bonds. These bonds refunded the 1981 issue which was done to construct improvements at the Rolland Moore Park. The net effective interest rate on the 1986 bonds was 7.33%. In March of 1993, the rates on municipal bonds dipped to a twenty year low. At the lowest level, the City would have been able to refund the outstanding bonds at a rate less than 5%. Staff is recommending that completion of the refunding wait until a higher saving level is achievable and recommends the Second Reading of the Ordinance be postponed to June 15. Adoption of the Consent Calendar will postpone consideration of the Second Reading of the Ordinance to June 15. The Community Development Block Grant Program provides Federal funds from the Department of Housing and Urban Development (HUD) to the City of Fort Collins which can be allocated to housing and community development related programs and projects, thereby reducing the demand on the City's General Fund Budget to address such needs. Ordinance No. 50, 1993, was unanimously adopted on First Reading on May 18, 1993. ' 40 June 1, 1993 During calendar year 1992, Fort Collins Police Services has continued to utilize existing state statutes to seize money and property used in criminal activity. City Council receives annual reports on seizure activity and expenditures of funds. By statute, monies allocated by the court to the seizing agency shall not beconsidered a source of revenue to meet normal operating needs. These monies are used, instead, to meet expenses incurred by Police Services in performing duties and meeting obligations which have not been funded through the routine budget process. These monies have been deposited in the General Fund and set aside in a restricted reserve for police expenditure following appropriation. This appropriation of $90,193 includes $89,962 in prior year reserves and $231 from current year revenue. Awards made by the courts during 1993 will be appropriated early in 1994. 12. Rezoning. This is a request to rezone 37.0 acres, known as Timberline Park, from T, Transition, to R-L-P, Low Density Planned Residential, with a PUD condition. The site is located approximately one half mile south of Harmony Road, on the west side of Timberline Road. The intended future use is for single family residential. The petitioners for this rezoning are Gerald and Elizabeth Dusbabek, the owners of the property. The property was annexed into the City with the South Harmony Annexation in February of 1986 and placed in the T, Transition District. A rezoning is necessary before any development can be reviewed on this property. The existing zoning designation is an interim designation, or "holding zone", which does not allow any uses "by -right". 13. Items Relating to the Burlington Northern Railroad and the Upgrade of the Railroad Crossing Signals on West Prospect Road. A. Resolution. 93-73 Authorizing the Mayor to Enter Into an Intergovernmental Agreement with the State of Colorado Department of Transportation and the Burlington Northern Railroad for the Upgrade of the Railroad Crossing Signals on West Prospect Road. 1 41 June 1, 1993 ' Hearing and First Reading of Ordinance No. 53, 1993, Appropriating Unanticipated Revenue in the Capital Projects Fund for the Upgrade of the Railroad Crossing Signals on West Prospect Road. Engineering has received federal funds for Rail -Highway Crossing Protection Devices to upgrade the railroad crossing signals on West Prospect Road (just west of College Avenue on the Burlington Northern's mainline). The City will have to pay 10 percent of the project costs plus up to $2,000 to cover the State's administration costs. This appropriation Ordinance appropriates the federal funds the City will receive into the Minor Street Capital Fund. The City is required to pay the railroad and all minor costs associated with the project and then bill the State for the federal share. 14. Items Relating to Intermodal Surface Transportation and Efficiency Act. 15. A. Resolution 93-74 Authorizing the Mayor to Enter into a Contract With the State of Colorado for the Receipt and Expenditure of Intermodal Surface Transportation and Efficiency Act of 1991 Funds for the Rehabilitation of the Trolley Building. B. Hearing and First Reading Ordinance No. 54, 1993, Appropriating ' Intermodal Surface Transportation and Efficiency Act of 1991 Funds for the Rehabilitation of the Trolley Building. The City will receive ISTEA funds to repair and stabilize the City's historic Trolley Car Building. This funding is administered by the Colorado Department of Transportation. Karl R. and Ruth S. Peterson have submitted a written petition requesting annexation of 3.0259 acres located south of West Drake Road and approximately 1/2 mile west of South Taft Hill Road. The property is currently. used for residential purposes. There are several existing structures on the property. The proposed zoning for this annexation is RLP, Low Density Planned Residential with a Planned Unit Development condition. The surrounding properties are zoned RP, RL, and RLP. 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 be given of the hearing. The hearing will be held at the time of First Reading of the annexation and zoning ordinances on July 6. Not less than thirty days of prior notice is required by State law. �I 42 1 16. 17. 110 June 1, 1993 The property being considered for annexation has, for a period of not less than three (3) years, been completely surrounded by property contained within the boundaries of the City of Fort Collins. The property being considered for annexation is approximately 1.7424 acres in size and is located at the southwest corner of South Taft Hill Road and West Drake Road. The property is currently used for residential purposes. There are several structures on the property. The proposed zoning for this annexation is RP, Planned Residential with a Planned Unit Development condition. The surrounding properties are zoned RP, RL, and BP. The proposed Resolution makes a finding that the property has been an enclave within the City of Fort Collins for a period of not less than three years, determines that a hearing should be established regarding the annexation and directs that notice be given of the hearing. The hearing will be held at the time of First Reading of the annexation and zoning ordinances on July 6. Not less than thirty days of prior notice is required by State law. The Environmental Protection Agency enacted the Lead and Copper Rule ("the Rule") which requires water providers to perform a variety of activities to prevent the occurrence of excessive lead and copper in drinking water. The Rule applies to, water providers such as the City of Fort Collins as well as to "consecutive systems" such as the West Fort Collins Water District which receives and distributes water supplied to them by a water provider. The Colorado Department of Health Water Quality Control Division has developed guidelines which direct water providers and consecutive systems to develop a "consolidation agreement." The agreement is intended to eliminate unnecessary overlap of activities between water providers and consecutive systems in complying with the Rule and ensures that responsibilities for both parties under the Rule are clearly defined. Resolution 93-78 Establishing a Consolidated Water Planning Committee. At its April 20, 1993 meeting, during discussion relating to boards and commissions liaison appointments and committee assignments, Council determined that the functions of the previously established Water Demand Management Committee and Water Quality/Water Treatment Master Plan 43 19 June 1, 1993 Committee should be consolidated into one committee responsible for addressing water -related issues. Councilmembers Apt, Janett,' and McCloskey volunteered to serve on that committee. This Resolution formally abolishes the Water Demand Management Committee and Water Quality/Water Treatment Master Plan Committee and creates a Water Planning Committee. The functions of the Water Planning Committee are to review and make recommendations to the City Council regarding water demand management, water quality, water treatment, and other water related issues. Routine Deeds and Easements. a. Powerline Easement from George D. & Dorothy A. Mosher, 417 Lilac, needed to underground existing overhead electric services. Monetary consideration: $10. b. Powerline Easement from Melanie Keech, 404 Lilac, needed to underground existing overhead electric services. Monetary consideration: $10. C. Powerline Easement from George & Lillian Edel, 409 Lilac, needed to underground existing overhead electric services. Monetary consideration: $10. Items on Second Reading were read by title by City Clerk Wanda Krajicek A I" 24. Items Related to STP Funding for a Bicycle Striping/Signage Proiect B. Second Reading of Ordinance No. 49, 1993, Appropriating Unanticipated Revenue in the Transportation Division of the Transportation Fund. Items on First Reading were read by title by City Clerk Wanda Krajicek. 44 1 12. 13. June 1, 1993 Hearing and First Reading of Ordinance No. 53, 1993, Appropriating Unanticipated Revenue in the Capital Projects Fund for the Upgrade of the Railroad Crossing Signals on West Prospect Road. 14. Items Relating to Intermodal Surface Transportation and Efficiency Act. Hearing and First Reading Ordinance No. 54, 1993, Appropriating Intermodal Surface Transportation and Efficiency Act of 1991 Funds for the Rehabilitation of the Trolley Building. 27. Councilmember Horak made a motion, seconded by Councilmember Apt, to adopt and ' approve all items not removed from the Consent Calendar. The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers Apt, Azari, Horak, Janett, Kneeland, McCloskey, and Winokur. Nays: None. IL THE MOTION CARRIED Ordinance No. 51, 1993 Appropriating Prior Year Reserves and Unanticipated Revenue for Police Seizure Activity, Adopted. The following is staffs memorandum on this item. "EXECUTIVE SUMMARY During calendar year 1992, Fort Collins Police Services has continued to utilize existing state statutes to seize money and property used in criminal activity. City Council receives annual reports on seizure activity and expenditures of funds. By statute, monies allocated by the court to the seizing agency shall not be considered a source of revenue to meet normal operating needs. These monies are used, instead, to meet expenses incurred by Police Services in performing duties and meeting obligations which have not been funded through the routine budget process. 45 June 1, 1993 ' These monies have been deposited in the General Fund and set aside in a restricted reserve for police expenditure following appropriation. This appropriation of $90,193 includes $89,962 in prior year reserves and $231 from current year revenue. Awards made by the courts during 1993 wi11 be appropriated early in 1994." Councilmember Janett requested more information on the method of determining how the money is spent. Police Chief Fred Rainguet stated the State statutory requirements limit the way seizure money is obtained and spent. He stated the seizure money goes through a staff review process in Police Services and is then brought before a County wide committee. He stated the Committee consists of the District Attorney, the Mayor, and a Police Official. He stated the seizure money can not be used for normal operating needs. He stated all of the training and equipment for the Bicycle Program was funded by seizure funds. He explained the usage of gym equipment for the officers and that there is a Physical Fitness Policy for Police Officers. Councilmember Janett asked if the Police program is coordinated with the Poudre Fire Authority Fitness Program. City Manager Burkett stated the Poudre Fire Authority has exercise equipment in I almost all of the fire stations. Other City departments participate in the City's Wellness Programs. Councilmember Horak asked what type of coordination takes place between the Police and Fire Fitness Programs. City Manager Burkett stated the exercise equipment located within the fire stations is limited. He stated the small exercise room located across from the police station is convenient to the officers. Councilmember Horak how these expenditures were prioritized to benefit the best use of the seizure money. Rainguet stated the expenditures were prioritized to provide the best services the Police Department could offer the community. Councilmember Kneeland made a motion, seconded by Councilmember McCluskey, to adopt Ordinance No. 51, 1993 on First Reading. Bruce Lockhart, 2500 East Harmony Road, questioned the constitutionality of the seizures and the abuse of power in these situations. Councilmember Horak requested that when the seizure funds come before Council in the future, the Police Department requests be prioritized and the outcomes be identified. , 46 June 1, 1993 The vote on Councilmember -Kneeland's motion was as follows: Yeas: Councilmembers Apt, Azari, Horak, Janett, Kneeland, McCluskey, and Winokur. Nays: None. THE MOTION CARRIED. Councilmember Reports Councilmember Janett stated she attended the Larimer County Overall Economic Development Committee and stated the business expo is scheduled for September 17th. The purpose of the expo is to provide technical assistance to small businesses. Mayor Azari expressed the condolences of the Council on the loss of Officer Ron Richardson. Items Relating to the Amendment of the Eastside and Westside Neighborhood Plans to Include The following is staff's memorandum on this item. ' °EXECUTIVE SUMMARY A. Resolution 93-79 Approving an Amendment of the Eastside Neighborhood Plan to Accommodate Bicycle Lanes on Remington Street and Incorporating Said Amendment into the Comprehensive Plan of the City. B. Resolution 93-80 Approving an Amendment of the Westside Neighborhood Plan to Accommodate Bicycle Lanes on Mountain Avenue and Incorporating Said Amendment into the Comprehensive Plan of the City. The City of Fort Collins Transportation and Planning Departments propose to amend the Eastside and Westside Neighborhood Plans to incorporate the Remington Street and Mountain Avenue bicycle project, which will de-emphasize neighborhood automobile traffic by re -prioritizing automobile travel lanes to bicycle lanes. This project would change the Westside Neighborhood Plan (WSP) by prioritizing Mountain Avenue instead of Oak Street as a bikelane.' The Eastside Neighborhood Plan (ESP) currently defines Remington Street as a bikeway (an all encompassing bike facility term). This amendment would designate Remington Street as a bikelane. As part of this project, Mountain Avenue would be converted to two travel lanes, bikelanes and on -street parallel parking from Bryan to Howes Streets. Remington Street would be restriped from Mountain Avenue to Spring Park Drive to accommodate two travel lanes, bikelanes, parking, a center left turn lane and a ' right turn lane at high volume intersections. 47 June 1, 1993 A technical level of service analysis done for both roadways indicates that the proposed project can be accomplished while continuing to provide an acceptable level of automobile traffic flow. Both roadways are currently classified as collector streets. This type of lane designation (travel lanes, bikelanes and parking) is consistent with other collector street pavement markings throughout the city. The process used to review this project and gather public input has been varied. The proposed bicycle project was first reviewed by staff and the Transportation Board in the context of the existing Fort Collins Area Transportation Plan, and it was determined the project met the intent of the plan's mission. statement, policies and objectives. The proposed project was also reviewed by City staff in the context of the ESP and WSP and was determined to be compatible with these plans as it provides alternative transportation options and protects the eastside neighborhood from future excessive traffic. It also complements the WSP as it de-emphasizes neighborhood auto traffic, and, although it changes the existing bicycle designation on Oak Street, it provides a bicycle system in keeping with the overall transportation policy. The project was then reviewed with members of the cycling community as well as the City's Transportation Board to gather a community perspective and see if the project was viewed as a positive contribution. It received overwhelming support. Letters were sent to all the owners and residents on Mountain Avenue and , Remington Street who would be directly affected by the proposed project, describing the project and inviting them to attend an Open House held on April 15. A second letter was sent notifying residents that additional public comments were being gathered and that the item had been postponed for City Council consideration until a later date. A meeting was also held with the City Park Neighborhood Association on May 3 to discuss the project. Their viewpoints and comments were mixed, and consequently they decided not to take a formal position on the project. The project has also been reviewed by the Choice City Cycling Coalition. A public hearing was held by the Planning and Zoning Board on May 24, 1993, at which time the Board voted 5 to I to approve the amendment of both the ESP and WSP with a condition that an evaluation process be built into the project and analyzed two years after its implementation. To date, only positive comments have been received on the Remington Street portion. Responses to the Mountain Avenue portion of the project have been somewhat mixed with substantially more positive comments than negative comments received. The Planning and Zoning Board recommends City Council approve these amendments for inclusion in the Comprehensive Plan of the City. This item is related to the City Council agenda item #24 (STP Funding for a Bicycle Striping/Signage Project). City Council's decision on this item may affect the outcome of item #24. The options available to City Council for consideration of item #24 are outlined in the agenda item summary." 48 June 1, 1993 Rick Ensdorff, Director of Transportation, stated that since Council .last reviewed this proposal, the Planning and Zoning Board reviewed the East Side/West Side Neighborhood Plans and recommended Council approve the changes (with the evaluation condition) to the Plans to accommodate the bikelanes on Remington and Mountain. Councilmember McCluskey made a motion, seconded by Councilmember Janett,, to adopt Resolution 93-79. Councilmember Winokur asked if there were any alternatives to the sand blasting on Mountain Avenue. Ensdorff replied that other alternatives have been explored, but sand blasting has been found to be the best solution for removing striping and it completely complies with EPA standards. Councilmember Janett asked about the provisions for removing snow and gravel from the bikelanes. Ensdorff stated that Remington and Mountain are collector streets, which are currently `priorities in the City's snow removal plan. ' Carolyn Cuany, 1523 Remington Street, stated that backing out onto Remington creates a very dangerous situation to the motorists and the bicyclists. She suggested that parking be removed from the west side of Remington or to postpone the implementation of the bikelanes until Fort Collins High School is closed. Regina Lauffer asked how the bikelane will effect the parking on Remington. Ensdorff stated the bikelane would not impact the parking on Remington. Barbara Rutstein encouraged the placement of bikelanes on Remington. Mike Meyer, Warren Lake resident, stated he supported the bikelane proposal. Councilmember Winokur asked how parking and the exiting from driveways onto Remington Street would be handled for the safety of the motorists and the bicyclists. He asked if the driveways were marked for the legal parking space required between a driveway and front end of the motor vehicle. Ensdorff stated the striping of the bikelanes would be placed further away from the point of parked cars. He stated a person exiting a driveway would still need to use caution. Councilmember Janett asked how wide the bikelane would be when completed. Ensdorff responded that the bikelane would be six feet wide. 49 June 1, 1993 ' Councilmember Kneeland stated she supported the Resolution and believed that this proposal was well suited for this area. Councilmember Apt stated he would support the Resolution and that this proposal indicates the City is serious about providing bike routes throughout the City. Councilmember Horak believed the Resolution makes a step towards citizens using bicycles more frequently; however, it is not part of any Comprehensive Plan. Mayor Azari stated she supports the Resolution and believes the citizens should be continually involved in the process. The vote on Councilmember McCluskey's motion was as follows: Yeas: Councilmembers Apt, Azari, Horak, Janett, Kneeland, McCluskey, and Winokur. Nays: None. THE MOTION CARRIED. Councilmember Kneeland made a motion, seconded by Councilmember Apt, to adopt Resolution 93-80. Councilmember Winokur asked how staff proposes to continue working with the neighborhood once the plan is implemented. Ensdorff stated that residents on Mountain and Remington would be notified of the proposed plan and would be able to provide input on the project. He stated staff ' met with the City Park Neighborhood Association and answered any questions that the organization had pertaining to the project. Councilmember Winokur asked what Planning and Zoning Board's concerns were with the displacement of traffic onto Oak Street. Ensdorff stated Member Cottier, of the Planning and Zoning Board, believed the Mountain segment of the project warranted more public input. He stated the issue of displacing traffic from Mountain to Oak or LaPorte was discussed at various meetings. He stated there is no specific traffic count, but that there will be some citizens who will decide to use alternate routes to move from downtown to the west side of the City. He did not believe that Oak would attract a large amount of displ-aced traffic. Councilmember McCluskey asked what splitting phases meant in regard to the intersection of Mountain and Shields. 50 I June 1, 1993 Ensdorff replied there will be a right turn lane and a through lane. He stated Mountain could not accommodate three lanes of traffic and still incorporate bikelanes. He provided an overview of how the traffic signals would function at that intersection. He stated the phases are split in order to avoid the construction of a left turn bay. He stated parking would be eliminated at the corner to provide for a curbside right turn bay. Councilmember McCluskey asked if there has been any monitoring on LaPorte Avenue to provide figures for traffic increases. Ensdorff stated that Mountain currently has 7,500 vehicles a day on the east end near Howes. He stated the intersection of Shields and Mountain has approximately 4,000 vehicle trips. He stated on LaPorte Avenue there is currently around 10,500 vehicles trips a day which would possibly increase by 1,000 vehicles. He stated staff believed the increase in traffic on LaPorte is acceptable. Councilmember Apt asked if the striping would continue on past Howes. Ensdorff stated there are various options when the bicycles reach the downtown area. If the bicycles have destinations to the north, south or east of Howes there are various other alternate bikeways that can be connected to from Howes. He stated the downtown area is very complex and once a bicycle reaches the ' downtown area the bicyclists must become pedestrians. He stated the downtown area will be reviewed in the future for bikeway plans. Staff is researching the possibility of bringing an Overall Bicycle Plan to Council for review within the next 9 12 months. Councilmember Kneeland asked what the current bicycle counts are on Mountain. Ensdorff stated there are around 50-75 bikes on Mountain; however, there is not an average daily bicycle trip count for any street in the City. Councilmember Janett asked if there could be suggested alternate routes to follow when one comes to the end of a bikeway. Ensdorff stated the signing project is being reviewed to provide better direction to the bicyclists. He stated there is a bike map that could be used at the present time until the signs are placed on the routes. Councilmember Horak asked if the Beaver's Market parking would be maintained as diagonal parking. He asked if the recommendation from the Planning and Zoning Board on the evaluation of the project would be included in the Resolutions. Ensdorff stated the parking in front of Beaver's Market would remain as it is currently. He stated the timeline that the Planning and Zoning Board established for the evaluation of the project is two years. He stated there is not a specific whereas clause in the Resolution that defines the evaluation of the project. 51 June 1, 1993 J Councilmember Horak offered an amendment in the "Now Therefore" to include the evaluation process for the project. Councilmember Kneeland accepted the amendment as a friendly amendment to the original motion. Mayor Azari asked if an amended Downtown Plan would be needed to include the Overall Bicycle Plan. Ensdorff stated the Downtown Plan would need to be amended to accommodate the Overall Bicycle Plan. Brian Parsonnet, 147 N. Washington, stated he was not against a bikeway; however, he is opposed to using Mountain. He believed alternative routes have not been adequately analyzed. He believed staff has placed limited value on neighborhood input and proceeded to plan this project without adequately consulting the residents. He believed the traffic data provided to Council and the public is inaccurate. Faith Swain, 829 LaPorte Avenue, stated she was not opposed to bikelanes, but believed the proposed project for Mountain Avenue is inadequate. She stated the traffic counts provided are not current and do not reflect the increase in population in the City. She believed safety was a factor for school children as well as bicyclists. She believed the Police Department should have been given the opportunity to review the project, since the Police Department is the ' enforcer of the rules and regulations the bicyclists and motorists adhere to. Jim Stitzel, 521 East Laurel, stated he was opposed to the Westside Proposal because of the safety factor. He stated that Mountain Avenue is already heavily travelled with commercial/personal vehicles, pedestrians and bicyclists and believed the project provides the potential for the increase of accidents. Laurie Bayless, 116 N. Grant, stated she believed bikeways are a positive addition to the City. She believed the bikeway would cut down on local traffic and promotes clean. bicycle transportation. She believed the project sets a positive example for other communities to get involved with bicycle programs. She stated the noise and safety concerns would be dramatically reduced. Nell VanDriel, 1212 West Mountain, stated she opposed the project. She believed most bicyclists do not confine themselves within the boundaries of bikelanes and that the safety would decrease with the increase of bicyclists. She believed the traffic counts are inaccurate. She stated the resident's concerns were not addressed sufficiently by staff. She believed that public transportation in the City should be made more attractive, usable, convenient and economically appealing so the residents would utilize that service more. 52 June 1, 1993 Michelle Faris, 924 W. Mountain, stated she believed the project would reduce the speed of the vehicles and therefore, reduce the noise level of the area. She stated there are several children who reside on Mountain Avenue and providing a bikelane would reduce the amount of accidents or near accidents involving children. Will Smith, Choice City Cycling Coalition, believed the addition of the bikelane would reduce the amount of traffic and increase the quality of life in the City. He stated the community believes the City should spend more time and money improving the bikelanes and routes to improve the quality of life. He stated the project allows recreational cyclists to learn how to integrate themselves into a traffic flow. He stated the project supports the Goals and Objectives of the Transportation Plan and the City's Comprehensive Plan. Jeff Swain, 829 LaPorte Avenue, stated he opposed the project. He was concerned that there was not sufficient information provided to the surrounding neighborhood. He stated there should have been more citizen involvement in the process for this project. He believed the bicycle issue in the downtown area should be resolved before this project is put into effect. Mary Kay Pixley, 519 W. Mountain, stated she was opposed to the project. She believed the bicycle traffic would not increase, but that it would only present more of a safety hazard to the area. She believed there are several questions and concerns left unanswered by the Transportation Department that should be addressed before the process goes any further.. She stated the Police Department should have taken a more active role in the process. Frank Vertucci, 424 W. Mountain, believed that Mountain Avenue is a unique street which provides the City the opportunity to address various issues. He believed the proposed plan is great and provides for safety for both the bicycle and vehicle usage. Gabe Goddard, Mountain Avenue resident, stated he supported the proposed plan and appreciated the process of involving the citizens. He believed the plan sets a goal for the City to increase the quality of life for its residents. He stated providing the bicyclists with a lane on the street increases safety for the pedestrians and the children. Mike Meyers stated the Police Department should have been more involved with the process. He believed the structure of the plan is well suited for Mountain Avenue and provides the bicyclist with the same rights as a motor vehicle. Mayor Azari asked for clarification on the friendly amendment to the Resolution. 53 June 1, 1993 1 City Clerk Krajicek stated that Section 1 of the Resolution would remain the same; however, Section 2 would be added which states: "City staff is hereby directed to prepare and present to the Planning and Zoning Board on or before May 31, 1995, an evaluation of the positive and negative impacts of implementing the changes to the Westside Neighborhood Plan approved by this Resolution including the establishment of bicycle lanes on Mountain Avenue as provided herein." Councilmember Janett stated she would support the motion because it promotes alternative modes of transportation. She believed this project provides the opportunity to increase the quality of life for the residents in this community. She stated that every adult riding a bicycle creates one less vehicle on the road. Council member McCluskey stated he would support the Resolution, but was concerned with the traffic situation at the Mountain and Shields intersection. He believed this plan is the first step in promoting alternative modes of transportation in the City. He stated the proposed project promotes the Air Quality Plan and increases the environmental status of the City. Councilmember Kneeland stated she would support the Resolution. She believed the proposed project supports many of the City's policies that are in place to improve the quality of life of its residents. She believed the concerns raised by the citizens are valid and supported the evaluation component to the Resolution. Councilmember Apt stated he would support the Resolution. He stated he appreciated the amount of citizen participation in the process and believed evaluating the project in two years provides a foundation for future projects of this caliber. Councilmember Horak believed there should have been more current data provided on the traffic statistics. He stated the evaluation of the project sets a precedence for future plans. He stated he would support the Resolution, but believed the plan needs to be reviewed further and address the concerns of the citizens. Mayor Azari stated the citizen participation in this process was not done well. She believed there are many questions and concerns that have not been adequately addressed. She stated she supports the Resolution because it is a step in the right direction towards improving the quality of life for the community. The vote on Councilmember Kneeland's motion was as follows: Yeas: Councilmembers Apt, Azari, Horak, Janett, Kneeland, McCluskey, and Winokur. Nays: None. THE MOTION CARRIED. 54 1 June 1, 1993 Councilmember Horak made a motion, seconded by Councilmember Winokur, to reconsider Resolution 93-79. The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers Apt, Azari, Horak, Janett, Kneeland, McCluskey, and Winokur. Nays: None. THE MOTION CARRIED. Councilmember Horak made a motion, seconded by Councilmember Kneeland, to include the same amendment that was made in Resolution 93-80 pertaining to the evaluation. The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers Apt, Azari, Horak, Janett, Kneeland, McCluskey, and Winokur. Nays: None. THE MOTION CARRIED. The vote on Resolution 93-79 as amended was as follows: Yeas: Councilmembers Apt, Azari, Horak, Janett, Kneeland, McCluskey, and Winokur. Nays: None. THE MOTION CARRIED. I Items Related to STP Funding for a Bicycle Striping/Signage Project The following is staff's memorandum on this item. "FINANCIAL IMPACT This action appropriates $106,675 in unanticipated revenues (STP funds) for bicycle projects. The city's matching share is estimated to be $2,092 and is appropriated in the 1993 Transportation Division Budget. EXECUTIVE SUMMARY A. Resolution 93-68 Authorizing the Mayor to Execute an Intergovernmental Agreement- between the State Department of Transportation Allocating $106,675 of the City of Fort Collins Surface Transportation (STP) Funds for a Bicycle Striping/Signage Project. B. Second Reading of Ordinance No. 49, 1993, Appropriating Unanticipated Revenue in the Transportation Division of the Transportation Fund. At the May 18, 1993 meeting, City Council unanimously approved Ordinance No. 49, 1993, on First Reading appropriating unanticipated revenues in the Transportation Fund for a bicycle striping and signage project. The proposed project consists I of two components: 55 June 1, 1993 1. System Signage and Markings. This of the project wi11 standardize ' portion and significantly improve bikeway signage and pavement markings throughout Fort Collins to aid both cyclists and motorists. 2. Remington and Mountain Conversion Project: The proposed Mountain Avenue and Remington Street bikeway project involves the re -prioritization of the use of existing automobile travel lanes to accommodate bike lanes. As part of this project, Mountain Avenue would be converted to two travel lanes, bikelanes and on -street parallel parking from Bryan to Howes Streets. Remington Street would be restriped from Mountain Avenue to Spring Park Drive to accommodate two travel lanes, bikelanes, parking, a center left turn lane and a right turn lanes at high volume intersections. At that meeting, City Council also postponed action on the proposed Resolution 93-68, authorizing the Mayor to execute an Intergovernmental Agreement with the State Department of Transportation for the above mentioned project, until the Planning and Zoning Board had an opportunity to review the amendments to both the Eastside and Westside Neighborhood Plans for the proposed Remington Street and Mountain Avenue Conversion project and to make a recommendation to City Council. A public hearing was held by the Planning and Zoning Board on May 24, 1993, at which time the Board voted 5 to 1 to approve the amendments of both the Eastside Neighborhood Plan and the Westside Neighborhood Plan for the inclusion of the Remington Street and Mountain Avenue bicycle project with a condition that an evaluation process be built into the project and analyzed two years after its , implementation. This evaluation process would allow us to critique the project's effectiveness for providing enhanced bicycling opportunities as well as to monitor the impacts this project may have on the surrounding street systems. There are two options available to City Council concerning the Bicycle Project and how it relates to the previous agenda item #23 (Amendments to the Eastside and Westside Neighborhood Plans). Option I - Approve the Ordinance and Resolution without modification. Option 2 - Eliminate the Mountain Avenue element and approve the Remington Street Conversion and the Bicycle Striping/Signage portion of the project. This option would enable the other elements of the project to proceed while additional consideration of Mountain Avenue's participation could continue. The $11,000 (the cost of the Mountain Avenue portion of the project) could be applied to the signing and striping portion of the project for additional expansion signing and markings. If at a later date the Mountain Avenue portion of the project is approved, approximately $11,000 would be needed to fund the project. 56 1 June 1, 1993 Other options that were considered include: • Defeat the Ordinance and Resolution. This option would conclude the project. • Approve the signage portion of the project only. • Eliminate the Remington Street element and approve the Mountain Avenue Street Conversion and Bicycle Striping/Signage portion of the project. This option would enable the other elements of the project to proceed. Staff recommends the project be adopted as originally presented (Option 1). However, should that not occur, we encourage consideration of Option 2." Councilmember Horak made a motion, seconded by Councilmember Kneeland, to adopt Resolution 93-68 (Version 1). The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers Apt, Azari, Horak, Janett,_ Kneeland, McCluskey, and Winokur. Nays: None. THE MOTION CARRIED. Councilmember Winokur made a motion, seconded by Councilmember Horak, to adopt Ordinance No. 49, 1993 on Second Reading. The vote on Councilmember Winokur's motion was as follows: Yeas: Councilmembers Apt, Azari, Horak, Janett, Kneeland, McCluskey, and Winokur. Nays: None. THE MOTION CARRIED. Resolution 93-81 Replacing the City's Appointed Director on the Platte River Power Authority Board of Directors. Adopted. 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. Historically, the Mayor (or Mayor's designate) has filled one slot and each city's utility staff person has filled the second slot. The City Council is interested in reviewing this method of representation for the City of Fort Collins on the Platte River Board. The City Council is considering appointing a City Council Member to fill the second position and removing the Utilities Director from that role. 1 57 June 1, 1993 BACKGROUND• In 1975, the cities of Fort Collins, Loveland, and Longmont and the town of Estes Park entered into the Organic Contract establishing Platte River Power Authority (PRPA) as a separate governmental entity. Initially, the governing board of each municipality appointed one representative to serve on the four member board of directors. The City's representative was the Light and Power Director. In 1976, the Organic Contract was amended to specify that the Mayor or the Mayor's designate from the Council of each municipality will serve on the PRPA Board of Directors and an additional representative will be appointed by the Council of each municipality based on "judgement, experience, and expertise which makes them particularly qualified to serve as the director of an electric utility." In the current amended and restated Organic Contract approved by the four municipalities in 1980, the Board of Directors has the same composition as set out in the earlier contract. Mr. Case was Fort Collins' Light and Power Director from September 1964 to October 1981. He was also the initiating force in the creation of Platte River Power Authority. The history of appointments to the Platte River Board from Fort Collins is indicated below: Mayor (M) or Appointed Designee (D) Director Jack Russell (D) Stanley R. Case , (12121176 - 2127179) (9115164 - 1011181 Earl Wilkinson (D) (2127179 - 4114181) Burt Kross (D) (4114181 - 717181) Gary Cassell (0) Hill D. Carnahan (717181 - 812183) (10/1/81 - 815186) John Knezovich (M) (812183 - 413184) John Knezovich (D) (413184 - 3113185) Barbara Rutstein (M) (3113185 - 3118186) Barbara Rutstein (D) Richard H. Shannon (3118186 - 4121187) (815186 - Present) 58 ' 1 June 1, 1993 Chuck Mabry (D) (4121187 - 3114189) Bob Winokur (M) (3114189 - 413190) Susan Kirkpatrick (M) (413190 - 419193) Ann Azari (M) (419193 - Present) The three other member cities have always had their electric utility department head filling the appointed slot. There is one current exception to that history. Estes Park's Electric Utility Director retired in 1991. At that time, Estes Park appointed its Assistant City Manager who supervises the electric utility to fill that slot rather than its newly appointed Electric Utility Director. Options: The arguments in favor of each of the two options are presented below. The City Council was asked to provide input to this section of the memo to better provide an objective view of both options. Option 1. Mayor and Utilities Director ♦ The current arrangement continues the traditional representation and will meet the intent of the PRPA Organic Contract. ♦ The current arrangement provides a good balance between the political perspective of the elected official and the administrative, technical, and operational perspective of the staff representative. ♦ Continuity on the Board is considered important for many of the issues being addressed by Platte River. Platte River's strength comes from good, long range planning. This includes management of issues that develop over several years. An understanding of how regional and national issues affect Platte River is important to many of the decisions that are made. Similarly, a variety of local and regional agencies directly impact the decisions being made by Platte River. Knowledge of those agencies and their key employees can be critical. A few examples of topics where continuity is important are: transmission strategies, power supply options, planning for new generation versus demand side management options, partnerships at Trapper Coal Mine and Yampa Power Plant, development of long range financial planning strategies and demonstrated 59 June 1, 1993 commitment to stick to those strategies, and effective working relationships with Western Area Power Administration, Public Service Company, and member utilities. ♦ The working relationship between Platte River Power Authority and Fort Collins Light and Power requires a very high level of coordination and cooperation between the staff members of each agency. The current board representation promotes effective communication. ♦ The Utility Director's industry perspective and knowledge is important in raising and evaluating electric issues. Fact based decisions are encouraged. ♦ The balanced composition of the Board has been viewed as one of Platte River's strengths. A contrast to this is the recent bankruptcy of the Colorado Ute Rural Electric Association. Colorado Ute was a generation and transmission agency serving numerous rural electric associations in the same way Platte River serves the member cities. During bankruptcy proceedings, the Public Utilities Commission conducted a financial audit and management review of Colorado Ute REA. A section of that report entitled Board Composition states in part: ' "Because of the increasing complexity of power supply affairs, there should be the maximum practical technical advice and counsel to the borrower's [Colorado Ute] board and management from management personnel of member's systems" and "This advice and counsel often can be best achieved by member system management membership on the borrowers' board of directors." ♦ Some of the past elected representatives who have served on the PRPA Board have commented that the time commitment required to gain a thorough understanding of the issues was much more than they expected. The time commitment can be demanding for elected officials who have other employment. ♦ The current arrangement has helped produce a sound and effective agency. The service is reliable, the price is reasonable, and the organization takes a leadership role in promoting progressive public policy. G-1 June 1, 1993 Option 2. Mayor/Council Member ♦ Platte River is involved in some major policy issues that are challenging and interesting. They are the kind of issues that motivate people to run for public office. Elected officials would have an increased opportunity to serve on the PRPA Board and to participate in these discussions. ♦ The technical aspects of the job are similar to other boards. The board member is not expected to be an expert in order to provide policy direction. Staff is available to provide technical support. ♦ The emphasis for technical expertise on the Board was important when PRPA was getting formed. Now that it is fully staffed, that requirement is less necessary. ♦ Platte River staff could spend less time preparing and presenting technical issues, saving resources. Political issues would receive increased attention. ♦ Stronger public representation and fiscal accountability might result. ♦ Philosophically, it makes more sense for the elected officials to represent the City on independent boards or commissions. Electric Board Review: The Electric Board reviewed this subject at its May 19, 1993 meeting and voted 5-0 (John Allum declared a conflict of interest) to recommend to Council that the current system be retained." City Manager Burkett urged Council to retain the current governance model for PRPA. He stated PRPA's one purpose is to provide reliable, low-cost power to its partners. He believed the current representation on the PRPA Board is consistent with the intent of the contract among the partners. He stated there is an extreme need for continuity on a Board such as this. He stated the balance between the elected official and the appointed official provides valuable insight. Barbara Rutstein, Electric Board Chairperson, stated the PRPA Board is a governing board and not an advisory board. She stated there are several technical issues that arise and believed it was important to have both a political representative and an expert in the technical areas. She believed the continuity of the Board is of extreme importance to the City. She stated the continuity allows the City to present issues that are of importance to the community. She stated the current representation on the PRPA Board should remain 61 June 1, 1993 1 the same. She believed the City would be at a great disadvantage if the representation was different from the other three cities. Councilmember Janett made a motion, seconded by Councilmember Apt, to adopt Resolution 93-81. Councilmember McCluskey asked if the chairperson of the Board has always been a utility director. Rich Shannon, Utilities Director, stated for the last fifteen years the PRPA Board has always had a utility director from one of the cities as the chairperson. Councilmember Horak asked about the difference between a technical issue and a political issue. Rutstein responded the technical issues are very complex and need experience in regards to the various issues. She stated the political representative seem to only serve on the Board for a short period of time; therefore, not being able to gain the technical expertise to deal with the various long term issues that evolve. She stated the political issues involve salary discussions or any kind of public sensitive issues. She stated technical issues refer to bond related topics or regional transmission issues that require years of technical expertise and involvement in the discussion process. ' Councilmember Kneeland asked about the process for discussing this type of issue. Shannon replied that the issue was raised before Council two years ago and was discussed in a very similar fashion as it is being discussed now. Councilmember Apt asked if a Councilmember was appointed to the PRPA Board could that person still rely on staff's expertise on certain issues. City Manager Burkett stated that staff's knowledge. of any issue is always available to any member of Council or the public. Councilmember Janett asked if a staff member from the electric area of the Utilities Department has ever been considered to serve. City Manager Burkett stated it was considered in the initial recommendation. He stated there were several options reviewed and Mr. Shannon was recommended to Council to serve on the PRPA Board. Tim Johnson, 2939 Brookwood Place, stated he supported the Resolution. He believed the representative should possess qualities in the areas of financial expertise, technical expertise, and be a good politician. 62 1 June 1, 1993 Pete Salg, Chamber of Commerce representative, urged Council to retain the existing Board structure. He stated the balance of technical expertise with public policy is shifted too far by incorporating both representatives as elected officials. He stated Council has the capability of turning over every two years which could cause serious inconsistencies with representation from the City. He stated the inconsistencies would weaken the City's input on the PRPA Board. Susan Kirkpatrick, 2312 Tanglewood Drive, stated she is opposed the change in the representation. She urged Council to consider the question of the representatives' accountability to the PRPA and the community. She stated issues such as transmission access, generation needs and ownership involve both technical and political consideration. She stated Mr. Shannon provides the technical data that is needed on several issues relating to this community. She believed that Council should retain Mr. Shannon on the Board. Kelly Ohlson, 2040 Bennington Circle, stated he supported the proposal. He believed the proposal is not against or about Mr. Shannon's ability, but about the process. He stated those charged with implementing public policy should be elected by the public. Councilmember Kneeland suggested delaying a vote on this issue. She stated if the vote was delayed it would provide more time to gather additional information that could be discussed at a worksession. She believed there needs to be more ' time to weigh the pros and cons of this issue. Councilmember McCluskey. stated he is opposed to the Resolution. He believed the technical knowledge on the Board is important. He stated the continuity of length of time served is extremely important to the community. He believed that retaining the current makeup of the PRPA Board is valuable to the City. Councilmember Janett stated the technical expertise is not going away. She stated that staff will be available to interact with the representative to provide information and recommendations to the PRPA Board. She believed that placing a Councilmember on the Board provides for more public interaction with the Platte River Power Authority. She stated she is in support of the Resolution. Councilmember Apt stated he supports the Resolution. He believed that an elected representative would open up, more channels of communication and could provide more public input. He stated staff would be available to the serving Councilmember and believed the technical support would .remain available as a resource. Councilmember Horak stated he would support the Resolution. He believed that elected officials should serve the citizens and being a representative of this Board is a great example of serving the community. He stated the Council representative appointed to the Board could rely on staff knowledge for the ' technical issues. 63 June 1, 1993 , Councilmember Janett made a motion to insert Councilmember Winokur's name in the Resolution. Councilmember Winokur stated the PRPA Board is strictly a policy making board which serves the community. He believed it was not appropriate for City staff members to be dictating policy decisions to elected officials who make the policy for the City. He stated technical expertise is based upon an individuals knowledge. He stated if a technical issue arose that the representative could not respond to, staff could be relied upon to address that issue. Councilmember Kneeland stated she is opposed to the Resolution. She believed that retaining the current model would provide the strongest team to represent the City. She stated that people are pleased with the current representation and to change the model now would diminish the strength the City currently has. She stated that combining technical expertise with political expertise provides for the best team. She believed that two political representatives is not a balanced representation. Councilmember Apt stated he supported the Resolution. He stated that an elected official makes policy decisions frequently and believed the representative on the Board not only serves the City personnel but the public entity as well. Mayor Azari read her position statement which supported retaining the current configuration with a firm agreement stating the expectations and accountability of the representative. The vote on Councilmember Janett's motion was,as follows: Yeas: Councilmembers Apt, Horak, Janett, and Winokur. Nays: Councilmembers Azari, Kneeland, and McCluskey. THE MOTION CARRIED. Resolution 93-82 Authorizing the Mayor to Amend an Existing Agreement with the State Board of Agriculture to Increase the Water and Sewer Service Fees for Colorado State University, Failed. The following is staff's memorandum on this item. "EXECUTIVE SUMMARY In 1974, the City entered into an agreement with the State Board of Agriculture concerning the furnishing of water and sewer service by the City to Colorado State University. Since that time, the agreement has been amended numerous times to adjust service fees as the City rates change. Percentage rate adjustments for CSU correspond to rate adjustments for all other customers serviced by the City. 64 June 1, 1993 The proposed amendment will increase CSU's water rate from $1.11 to $1.17 per 1000 gallons and the sewer rate from $1.24 to $1.31 per 1000 gallons based on the rate changes that were adopted by Council effective January 1, 1993. Rate adjustments for CSU are made effective July 1st of each year to accommodate its budgeting cycle. The proposed amendment to the agreement has been approved by CSU." City Manager Burkett gave a brief summary on the purpose of the Resolution. Councilmember Apt made a motion, seconded by Councilmember Kneeland, to adopt Resolution 93-82. Councilmember Horak asked what determines the amount charged to CSU. Mike Smith, Water and Wastewater Utilities Director, stated the amount charged is based upon the cost of service. Councilmember Horak stated he was opposed to the Resolution. He believed CSU still needs, to be more responsive to the needs of the community. He stated all of the agreements made with CSU should be connected in some common document. The vote on Councilmember Apt's motion was as follows: Yeas: Councilmembers ' Azari; Kneeland, and McCluskey. Nays: Councilmembers Apt, Horak, Janett, and Winokur. THE MOTION FAILED. Ordinance No. 55, 1993 Appropriating Prior Year Reserves in the General Fund, Adopted. The following is staff's memorandum on this item. °FINANCIAL IMPACT This Ordinance appropriates the final 1992 Lodging tax receipts as well as prior year reserves in the total amount of $24,560. Cultural Development & Programming Account Prior Year Reserves S 6,872 Lodging tax Receipts above Original estimate 17,688 $24,560 Lodging tax receipts are dedicated in accordance with Ordinance No. 127, 1989; therefore, the appropriation of lodging tax receipts will have no financial impact on the General Fund. [-1 June 1, 1993 1 "EXECUTIVE SUMMARY The Cultural Development and Programming Account had carry-over funds in the amount of $6,872 which were appropriated, but not used during 1992. These funds are in the General Fund reserves and must be appropriated into the Cultural Development and Programming Account so they can be used to promote cultural development and programming activities. Lodging tax receipts for 1992 were estimated to be $263,974 while the actual receipts totalled $281,662. The 1992 budget appropriation was calculated from the estimated figure while the disbursement is based on actual prior year Lodging tax receipts. This Ordinance, if adopted, will appropriate the additional 1992 Lodging tax receipts in the amount of $17,688 which will be disbursed in a 25175 percent split between the Cultural Development and Programming Account, and the Fort Collins Convention and Visitors Bureau. $ 4,425 Cultural Development and Programming (25%) 13,263 Fort Collins Convention and Visitors Bureau (75%) $17,688 Based on the 1992 Lodging tax receipts of $281,662, the Cultural Development and Programming Account will receive $70,419 (259) and the Fort Collins Convention and Visitor's Bureau will receive $211,243 (75%) for the 1993 budget." ' Councilmember Winokur made a motion, seconded by Councilmember Apt, to adopt Ordinance No. 55, 1993 on First Reading. Frank Bruno, Director of Economic Affairs, provided background information regarding the lodging tax. He stated the Convention and Visitors Bureau has done an outstanding job in promoting Fort Collins as a destination for conferences, conventions; trade shows, and general tourism. He stated during the two year renewal, staff will work with Council, the Convention and Visitors Bureau, and the citizens to examine the current strategies and explore various other options. Councilmember Winokur asked what are some quantifiable measures that the Fort Collins Convention and Visitors Bureau provides. Karla Neidan, Executive Director of the Fort Collins Convention and Visitors Bureau, replied the quantifiable measures that are easily provided are room nights and group bookings. Councilmember Winokur asked if specific data regarding the achievements of the Fort Collins Convention and Visitors Bureau could be brought fourth at the time of the two year renewal. City Manager Burkett stated information could be provided at any stage in the project. 66 1 June 1, 1993 Councilmember Janett asked what the Cultural Development and Programming funds are used for. Dave Siever, Director of Cultural Services, stated the funds are recommended to be used for various cultural/tourism type events. Councilmember Horak stated he would support the Ordinance; however, the policy and the contract should be reviewed before the next renewal date. He believed that more funds should be provided to the Cultural Development and Programming part of the policy. Councilmember Kneeland stated she would support the Ordinance. She believed the policy should be reviewed before the next renewal date. Mayor Azari stated she would support the Ordinance. She believed the split of the funds is unbalanced and needs to be reviewed. She stated the Cultural Development and Programming area attracts people to Fort Collins and perhaps more funding should be provided to that area of the proposal. The vote on Councilmember Winokur's motion was as follows: Yeas: Councilmember Apt, Azari, Horak, Janett, Kneeland, McCluskey, and Winokur. Nays: None. ' THE MOTION CARRIED. Resolution 93-83 Establishing and Appointing a Council Governance Committee. Adopted. The following is staff's memorandum on this item. "EXECUTIVE SUMMARY As a part of the preliminary discussions on the development of Council's 93-95 Policy Agenda, several Councilmembers expressed interest in creating a standing Council Charter Review Committee to review the Charter on an on -going basis. The Committee would make recommendations to the full Council on any proposed Charter amendments to be placed on upcoming election ballots. Unlike other Council committees (Legislative Review Committee, Finance Committee), it is not anticipated that this new Committee would meet on a regular basis, but would instead meet as needed (as the Health and Safety Committee does) in the months prior to an election. SB 98 was a product of the last legislative session. It specifies the matters which may be placed on the ballot at state and local elections and has been sent to Governor Romer for signature. It limits state-wide issues that can be ' submitted to the ballot in November of odd numbered years to those issues 67 June 1, 1993 relating to taxes, spending or debt. However, no such limitation applies to local jurisdictions. One tax related state-wide issue has already been identified (continuation of state tourism tax) so a state-wide coordinated election will be held on November 2, 1993. If Council wishes to call a special election to be held in conjunction with the November 2 election, an ordinance calling the special election and certifying the ballot content to the Larimer County Clerk must be considered in August to meet the new HB 1255 requirement that such certification take place 55 days prior to the election or before September 8. Based on discussions at the May 25 worksession, staff recommends that Council create a Council Governance Committee and appoint its members so that the Committee can begin its discussions to identify any Charter amendments to be placed on the November 2 ballot. . Council directed that the Committee be established as a standing committee of three Councilmembers. The purpose of the Committee is to provide a structured approach to review and make recommendations to Council on an ongoing basis regarding Charter issues and other related matters, such as ordinances dealing with the governance process. The Committee may use the Governance Committee model for community outreach on substantive issues. Primary staff for the Governance Committee will be the City Clerk's Office and the City Attorney's ' Office." Councilmember Apt made a motion, seconded by Councilmember Janett, to adopt Resolution 93-83. Councilmember McCluskey stated several members of the community feel the structure should be changed to include citizens to serve on the committee. Councilmember Horak stated the Governance Committee could appoint a citizen advisory board; however, it would be very rushed due to the November election. Councilmember Horak made a motion, seconded by Councilmember Kneeland, to insert the names of Councilmembers Azari, McCluskey, and Winokur into Resolution 93-83 Section 2. Councilmembers Apt and Janett accepted Councilmember Horak's motion as a friendly amendment to their previous motion. The vote on Councilmember Apt's motion to adopt Resolution 93-83 as amended was as follows: Yeas: Councilmembers Apt, Azari, Horak, Janett, Kneeland, McCluskey, and Winokur. Nays: None. THE MOTION CARRIED. MV June 1, 1993 Resolution 93-84 Reappointing Gordon F. Esplin and John J. Tobin as Temporary Judges and Authorizing the Execution of Employment Agreements, Adopted. The following is staff's memorandum on this item. "EXECUTIVE SUMMARY On June 11, 1991, Council appointed Gordon F. Esplin and John J. Tobin as Temporary Judges for terms beginning July 1, 1991, to June 30, 1993." Councilmember Horak withdrew from discussion and vote on this item because of a potential conflict of interest. Councilmember Winokur made a motion, seconded by Councilmember Apt, to adopt. Resolution 93-84. Councilmember Winokur acknowledged the two Temporary Judges for their willingness to help in the community. The vote on Councilmember Winokur's motion was as follows: Yeas: Councilmembers Apt, Azari, Janett, Kneeland, McCluskey, and Winokur. Nays: None. THE MOTION CARRIED. Other Business Councilmember Apt asked for more information on the CFC Ordinance and how is it being enforced. He asked what the status of the Solar Orientation Ordinance was and if it was being enforced. The meeting adjourned at 10:50 p.m. ATTEST: City Clerk m