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HomeMy WebLinkAboutMINUTES-11/09/1993-AdjournedADJOURNED MEETING ' OF THE COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council -Manager Form of Government November 9, 1993 5:30 p.m. An adjourned meeting of the Council of the City of Fort Collins was held on Tuesday, November 9, 1993, at 5:30 p.m. in the Council Chambers in 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, Davis, and Roy. Councilmember McCluskey made a motion, seconded by Councilmember Kneeland, to adjourn into Executive Session for the purpose of conducting the annual performance reviews of the City Attorney, City Manager, and Municipal Judge. Councilmember Horak stated he saw nothing of a confidential nature in the materials regarding the Municipal Judge's evaluation and stated he opposed adjourning into executive session to discuss the evaluations of all Council direct employees. He stated the public has a right to participate in the evaluations. ' The vote on Councilmember McCluskey's motion was as follows: Yeas: Councilmembers Azari, Janett, Kneeland, McCluskey. Nays: Councilmembers Apt, Horak, and Winokur. City Attorney Steve Roy clarified the Charter requires a 2/3 majority vote to pass the motion. THE MOTION FAILED. Councilmember Horak asked the Municipal Judge to report on occurrences in the Court. Municipal Judge Kathy Allin stated conducting a televised performance review is inappropriate and unfair. She requested Council determine before her evaluation, whether all performance evaluations would be held publicly. She stated the Court is open to the public and Council is welcome to come and observe the proceedings. She stated holding her performance evaluation in a public setting would influence comments she may make and requested Council reconsider the motion. 412 November 9, 1993 ' Councilmember Janett asked if the City's Personnel Policies contained information regarding employee reviews being a matter of public record. City Attorney Steve Roy stated performance ratings are an exception to the general confidentiality that applies to personnel files. He stated the Public Records Act requires that the contents of an employee's personnel file remain confidential and clarified the definition of personnel file. He spoke of the definition of classified and unclassified employees. Councilmember Winokur questioned if composite evaluations would be exempt from the confidentiality requirements, and asked if they are available to anyone under the Public Record's Act. Councilmember Apt recanted his previous decision, stating he did not believe it was fair to the employees to make an "on the spot" decision to hold their evaluations in public. He stated if public evaluations are to be held in the future, notice should be given beforehand. He stated a system needs to be developed to determine what information should be public and what should be kept confidential. Councilmember Winokur concurred with comments made by Councilmember Apt and stated some subjects may require private discussions. He stated the Municipal Judge's position is a more visible one and stated more discussion regarding ' executive sessions should be held before a decision is made. City Attorney Steve Roy stated it would be permissible to ask the employee's opinion on the subject and that discussion could be held in public. He stated he may have a conflict of interest in responding to Council questions regarding performance ratings being a matter of public record. Councilmember Winokur made a motion, seconded by Councilmember Apt, to reconsider the previous motion and adjourn into Executive Session for the purpose of conducting the performance reviews of the City Attorney, City Manager, and Municipal Judge. Yeas: Councilmembers Apt, Azari, Janett, Kneeland, McCluskey and Winokur. Nays: Councilmember Horak. THE MOTION CARRIED. Councilmember Janett spoke of the importance of informing the public of the outcome of the evaluations when completed. Councilmember Horak stated procedures for Executive Sessions need to be defined. 413 ' November 9, 1993 The vote on Councilmember McCluskey's motion to adjourn into executive session for the purpose of conducting the performance evaluations of the City Attorney, City Manager and Municipal Judge was as follows: Yeas: Councilmembers Apt, Azari, Janett, Kneeland, McCluskey and Winokur. Nays: Councilmember Horak. THE MOTION CARRIED. At the conclusion of the Executive Session, the meeting reconvened at 11:00 p.m. Other Business Councilmember Janett reported the Affordable Housing Board has held two meetings and expressed concerns regarding policy changes that may affect housing costs. She stated the Board wanted to review the Historic Preservation Plan, proposed changes in planning fees and the Neighborhood Compatibility Study. She spoke of a memo from the Transportation Board Chairman expressing the Board's frustration regarding the Transportation Plan. She reported she received a letter from the Boys and Girls Club inviting interested Councilmembers to tour the building. Councilmember Janett requested a memo from staff regarding scheduling of the Transportation Plan. Councilmember Apt suggested that at the worksession of November 23 Council address growth management issues, and draft a resolution regarding consistent policy direction for staff. He stated after the worksession he would like to schedule a meeting with the County Commissioners to follow up on those issues. Councilmember Apt stated the TV Tower issue is being discussed by the Larimer County Commissioners on November 17, and suggested a resolution be added to the November 16 agenda addressing the tower issue. City Attorney Steve Roy clarified Council could take a position with or without a formal invitation from the Commissioners on the TV Tower. Councilmember McCluskey stated after reviewing the Fossil Creek Estates Annexation he would like to reconsider his vote. City Attorney Steve Roy clarified a motion to reconsider could be executed at an adjourned meeting and could be put on the table by any Councilmember on the prevailing side of the vote. He stated if the motion to reconsider was adopted, the item would appear as it was originally introduced or it could be postponed to another specific meeting. Councilmember McCluskey made a motion, seconded by Councilmember Kneeland to reconsider the Fossil Creek Estates zoning item. 1 414 November 9, 1993 1 ' City Attorney Steve Roy stated Councilmember McCluskey could move to reconsider his vote on the zoning ordinance and the annexation would remain and take effect within 10 days of the last meeting date. He clarified the only statutory requirement is that the property be zoned within 90 days of the annexation. He stated if Council wanted information regarding the appropriateness of reconsideration they would need to discuss it at this meeting. Councilmember McCluskey stated he believed there was a difference in zonings and did not believe his vote was based on accurate information. City Attorney Steve Roy stated the vote on the zoning ordinance was second reading and unless the item is reconsidered at this adjourned meeting, the ordinance will go into effect 10 days after adoption. Carter Ewing, applicant, asked if the motion to reconsider is adopted that it be heard at the next regularly scheduled Council meeting. Councilmember Janett asked if additional information could be provided from Natural Resources regarding its progress in forming a management plan and address possible conflicts and interactions with land adjacent to the property. City Manager Steve Burkett stated he would provide Council with the information. Councilmember Apt requested more information detailing how the zoning would fit I into the overall plan for the area. City Manager Steve Burkett reminded Council that there is a PUD condition on the zoning. Mayor Azari stated she did not believe the information received was inclusive enough for Council to process the decision well. The vote on Councilmember McCluskey's motion to reconsider was as follows: Yeas: Councilmembers Azari, Horak, Janett, Kneeland, McCluskey and Winokur. Nays: Councilmember Apt. THE MOTION CARRIED. Councilmember Winokur made a motion, seconded by Councilmember McCluskey, to postpone consideration of this item to the next regularly scheduled meeting providing all information requested is received, and if Council is not satisfied with the information received, that the meeting be postponed to the following meeting. Councilmember Horak made a motion, seconded by Councilmember Apt, to amend the previous motion postponing consideration of the item to the December 21 meeting. 415 ' November 9, 1993 Councilmember Horak stated postponing consideration of this item would allow more time to receive additional information. Carter Ewing, applicant, stated the project has been delayed twice in the planning and zoning process. He stated he believed staff would be able to efficiently address Council concerns prior to the November 16 meeting and would be able to inform Council if the RLP zoning would be compatible with surrounding zonings. Councilmember McCluskey stated the T zoning is only a temporary zone and Council is attempting to move it along through the process so the Planning and Zoning Board can evaluate the proposal. Councilmember Winokur clarified the motion on the floor was an amendment to the motion to postpone to November 16, changing the date to December 21. He requested clarification regarding the zoning process. City Attorney Steve Roy clarified there is a Code provision which allows Council to add certain PUD conditions and he would need to examine the Code to see which conditions could be attached. City Attorney Steve Roy responded to Council questions and stated once final ' approval of the PUD is given there would be a vested right for a period of 2 to 3 years to develop under the PUD, and that subsequent changes could not be retrospectively applied to the PUD. He clarified the final Planning and Zoning Board approval, after all appeal rights have been exhausted is what constitutes the vested right. He stated just because a plan is in progress does not preclude Council from imposing additional conditions or applying new regulations. The vote on Councilmember Horak's motion to amend the previous motion postponing consideration of the item to the December 21 meeting was as follows: Yeas: Councilmembers Apt, Azari, Horak, Janett, and Winokur. Nays: Councilmembers Kneeland and McCluskey. THE MOTION CARRIED. The vote on Councilmember McCluskey's original motion to reconsider the Fossil Creek Zoning was as follows: Yeas: Councilmembers Apt, Azari, Horak, Janett, Kneeland, McCluskey and Winokur. Nays: None. THE MOTION CARRIED. City Manager Steve Burkett stated he would provide Council with information on the TV Tower over the weekend. Mayor Azari stated she would like to discuss suggestions for future evaluations with Council's direct employees. 1 416 Adjournment The meeting adjourned at 11:40 p.m. ATTEST: yor LQcf�CityCity C rel rel 417 November 9, 1993 '