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HomeMy WebLinkAboutMINUTES-08/18/1992-Regular' August 18, 1992 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 Tuesday, August 18, 1992, 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: Azari, Edwards, Fromme, Horak, Kirkpatrick, Maxey, and Winokur. Staff Members Present: Burkett, Krajicek, Eckman. Citizen Participation Mayor Kirkpatrick presented Certificates of Appreciation to Marc Salkins and Vicki Siska for their donation of a baby grand piano to the Senior Center and presented Certificates of Appreciation to Bill and Evie Weddel for providing funds to move the piano. Evelyn Clark, 20-year resident of Fort Collins, expressed thanks for Council's proposed attention to North College Avenue but gave her concerns about the proposed location of the bypass. Agenda Review City Manager Steve Burkett stated there were no changes to the agenda as published. Councilmember Winokur requested that Item #9, Hearing and First Reading of Ordinance No. 87, 1992, Authorizing the Issuance of Highway User Tax Revenue Bonds for the Purpose of Acquiring Land and Constructing a Street Maintenance Facility, be withdrawn from the Consent Calendar. Bruce Lockhart, 2500 E.•Harmony Road, requested that Item #10; Hearing and First Reading of -Ordinance No. 88, 1992, Adopting Rules and Regulations Governing the Use of City Cultural, Library, and Recreational Services. Facilities, be withdrawn from the Consent Calendar. Bob Tueting, 916 Cheyenne Drive, requested that Item #8, Second Reading of Ordinance No. 86, 1992, Amending Ordinance No. 98, 1986, Relating to 1986 Sewer Revenue Bonds, be withdrawn from the Consent Calendar.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 35 August 18, 1992 ' Consent Calendar. Anyone may request an item on this calendar be "pulled" off the Consent Calendar and considered separately. Agenda items pulled from the Consent Calendar will be considered separately under Agenda Item #14, Pulled Consent Items. P1 10. Consider adoption of the minutes of the regular meeting of July 21. Second Reading of Ordinance No. 86, 1992, Amending Ordinance No. 98, 1986, Relating to 1986 Sewer Revenue Bonds. Ordinance 86, 1992, which was unanimously adopted as amended on First Reading on August 4, amends the City's 1986 Sewer Revenue Bond Ordinance to meet the legal requirements of Financial Guaranty Insurance Corporation to allow the substitution of a debt service insurance policy for monies now held in the.1986.Sewer Bond Debt Service Reserve Fund. By releasing the reserves, the City will be able to meet the cash- flow- requirements of both the 1986 Sewer Revenue Bonds and the 1992 Loan Agreement without extraordinary rate increases. On August 4, 1992, City Council passed Resolution Nos. 92-126 and 92-127, directing staff to proceed with the acquisition of land located at 725 East Vine Drive for a Streets Department facility, and to finance a portion of the total development costs through debt financing. This Ordinance authorizes the issuance of Highway User Tax Bonds to finance a portion of the project. The amount of the issue will be approximately $4,050,000. The proceeds of the issue will be used to cover project construction costs, fund a debt service reserve, and cover the costs of issuing the debt. This Ordinance contains certain rules and regulations regarding the -..use of the City's Cultural, Library, and Recreational Services facilities. Upon adoption,. such rules. and regulations will apply to areas within the defined confines of the facilities administered by the Director of Cultural, Library, and Recreational Services (CLRS). The Ordinance provides that it is unlawful for any person to knowingly violate any provision of such rules and regulations. W. August 18, 1992 ' 11. Hearing and First Readinq of Ordinance No. 89, 1992. Authorizina the Sale During May, June and July 1991, officers from Fort Collins Police Services' Special Investigations Unit conducted an investigation concerning the sale of a controlled substance by the primary resident of the residence located at 420 N. Loomis. Three purchases of cocaine were made at the residence, and additional purchases were made from the same individual at other City locations. A search warrant was also executed at the residence which produced drug paraphernalia and drug records. Thereafter, the primary resident was charged with and convicted of four felonies and is currently serving a six -year prison sentence. In conjunction with the criminal investigation, the residence was declared a class 1 public nuisance by the Larimer County District Court. As a result, the primary resident's title interest in the residence was awarded by the Court to the City of Fort Collins for the benefit of Fort Collins Police Services. The City now owns a one-half (1/2) interest in the residence. The primary resident's former husband owns the other one-half (1/2) interest in the residence. Fort Collins Police Services is now recommending that the City Council ' approve the sale of the residence to the Fort Collins Housing Authority. In selling this residence, as proposed, the City's share of equity in the residence will be donated to the Housing Authority. Police Services believes that this is an appropriate disposition for this property in that it serves the public purpose of providing additional low-cost housing to the community. 12. This waiver request pertains to the Replat of Cameron Estates PUD, which is a request to create 12 additional single family lots on a 3.9 acre site. There is an existing residence on the site. The site is located at the southeast corner of Country Club Road and Lake View Drive and is zoned R- Residential. Of the four Urban Growth Area Phasing Criteria, the proposed replat meets the requirements for public water capacity, public sewer capacity and contiguity to existing development. A waiver is being requested for the public street capacity requirement. The site is not eligible for annexation. 13. Routine Deeds and Easements. a. Powerline Easement from Julian Blair and Corlene Van Sluizer, 325 Garfield, needed to install electric pad mount transformer to underground existing overhead electric services. Monetary ' consideration: $10 37 August 18, 1992 b. Deed of Easement from Frances Nelsen, Lot 20, Fairway Estates Second Filing, needed for a permanent storm drainage easement in Fairway Subdivision. Monetary consideration: $10. Ordinances on Second Reading were read by title by City Clerk Wanda Krajicek. Item #8. Ordinances on First Reading were read by title by City Clerk Wanda Krajicek. Item #9. Item #10. Item #11 Hearing and First Reading of Ordinance No. 89, 1992, Authorizing the Sale of a Residence Located at 420 North Loomis to the Fort Collins Housing Authority. Councilmember Fromme made a motion, seconded by Councilmember Azari, to adopt and approve all items not removed from the Consent Calendar. Yeas: Councilmembers Azari, Edwards, Fromme, Horak, Kirkpatrick, Maxey, and Winokur. Nays: None. iTa"f l L ., 121X1I Ordinance No. 86, 1992, Amending Ordinance No. 98, 1986, Relating to 1986 Sewer Revenue Bonds, Adopted on Second Reading The following is staff's memorandum on this item: "EXECUTIVE SUMMARY: Ordinance 86, 1992, which was unanimously adopted as amended on First Reading on August 4, amends the City's 1986 Sewer Revenue Bond Ordinance to meet the legal requirements of Financial Guaranty Insurance Corporation to allow the substitution of a debt service insurance policy for monies now held in the 1986 Sewer Bond Debt Service Reserve Fund. By releasing the reserves, the City will be able to meet the cash flow requirements of both the 1986 Sewer Revenue Bonds and the 1992 Loan Agreement without extraordinary rate increases." Councilmember Edwards made a motion, seconded by Councilmember Fromme, to adopt Ordinance No. 86, 1992 on Second Reading. Bob Tueting, 916 Cheyenne Drive, asked for clarification on this item. m August 18, 1992 City Manager Burkett explained that this action allows the City to keep the sewer rates lower by buying insurance to protect the bondholders rather than holding money in reserve. Mayor Kirkpatrick supported this item as helping to meet future federal and local expectations in wastewater treatment. The vote on Councilmember Edwards' motion to adopt Ordinance No. 86, 1992 or Second Reading was as follows: Yeas: Councilmembers Azari, Edwards, Fromme, Horak, Kirkpatrick, Maxey, and Winokur. Nays: None. THE MOTION CARRIED. Ordinance No. 87, 1992, Authorizing the Issuance of Highway User Tax Revenue Bonds for the Purpose of Acquiring Land and Constructing a Street Maintenance Facility, Adopted on First Reading The following is staff's memorandum on this item: "FINANCIAL IMPACT: The estimated revenue obligations amount of the bond payable from Highway issue is $4,050,000. The bonds are special User Tax revenue received from the State ' of Colorado. The total debt service over the 20 year period will be approximately $6,850,000. The interest rate on the transaction will be approximately 6.1%. The bonds are not general obligations of the City. The bonds are not payable in whole or in part from the proceeds of general property taxes, nor is the full faith and credit of the City pledged to pay the bonds. EXECUTIVE SUMMARY: On August 4, 1992, City Council passed Resolution Nos. 92-126 and 92-127, directing staff to proceed with the acquisition of land located at 725 East Vine Drive for a Streets Department facility, and to finance a portion of the total development costs through debt financing. This Ordinance authorizes the issuance of Highway User Tax Bonds to finance a portion of the project. The amount of the issue will be approximately $4,050,000. The proceeds of the issue will be used to cover project construction costs, fund a debt service reserve, and cover the costs of issuing the debt. BACKGROUND: Over the past few years, several issues have developed which have underscored the need to invest in a new facility for the Streets Department. These include protecting the City's capital equipment, ensuring full -cost accounting for Streets Department operations, and providing better customer service. In ' December 1990, City Council passed a resolution authorizing the City Manager to 39 August 18, 1992 ' complete the planning for a Streets facility, submit the project to the Planning and Zoning Board for review, have an environmental audit of the property conducted, involve the neighbors in planning the project, and detail the project costs. After completing all of the requirements set forth in the resolution, the City Manager was directed to return the project and proposed purchase of the property to Council for further review and decision. All of the requirements set forth in the December resolution have been fulfilled. Consequently, on August 4, 1992, Council passed Resolution 92-126, authorizing the purchase of land located at 725 East Vine Drive for a Streets Department facility; and Resolution 92-127, authorizing City Staff to proceed with debt financing for the development of the 725 East Vine Drive Streets Department facility. The estimated total cost of purchasing and developing the site is $8 million, with Phase I costing $5.6 million. Phase I includes the renovation and necessary construction of facilities for equipment and material storage, shop space, and crew and administration area, as well as the site improvements needed to allow the Streets Department to be fully operational for at least 20 years. The remaining $2.4 million needed to complete Phase II is programmed for improvements that would enhance the efficiency of operations. Ordinance No. , 1992 is for debt financing a portion of Phase I. Items programmed for Phase II would be developed on a pay-as-you-go basis. The estimated project costs included: ' Phase I Phase II Land Purchase $ 950,000 Site Improvements and Landscaping 1,000,000 $ 840,000 Renovate & Construct Paint Storage and Wash Bays 160,000 490,000 Sand & Salt Storage 350,000 Crew Shop 500,000 Heated Vehicle Storage 500,000 Administrative Offices 300,000 Canopy Parking 130,000 Unheated Enclosed Parking 170,000 ' 40 Other 1.650.000 420.000 August 18, 1992 TOTAL $5,600,000 $2,400,000 Of the $5.6 million needed for Phase 1, $3.6 million wi11 be debt financed. The remaining $2 million will come from Streets Department reserves that have been set aside in a capital project account over the past several years. Highway Users Tax Fund Bond Proceeds Of the $5.6 million needed for Phase I improvements, $3.6 will come from the debt financing. The total debt financing amount of $4,050,200 includes additional monies to cover the cost of setting up the reserve fund and the costs of issuing the bonds. The sources and uses of the bond proceeds are itemized below: Sources of Funds Par amount of Bonds Issued $4,035,000 Interest Earned on the Bonds from _ Date of Sale to Date of Closing 15,200 Total Sources $4,050,200 I Uses of Funds Underwriters Discount (1%) $ 40,350 Costs of Issuance 45,000 Deposit to Debt Service Reserve 346,200 Interest Due on the Bonds from Date of Sale to Date of Closing 15,200 Project Construction Account 3,600,000 Contingency 3,495 Total Uses $4,050,200 The Highway User Tax bonds are not a general obligation of the City. They will be structured to be special revenue obligations. The City is precluded from using monies from the collection of property tax as payments on the bonds. The bond ordinance requires the application of all amounts of Highway User Tax Revenues distributed to the City from the State. Monies will be used to pay principal and interest on the bonds. Once the bond payment has been provided for, then the City may use the remaining revenues for other Street Department services." ' Councilmember Maxey made a motion, seconded by Councilmember Azari, to adopt 41 August 18, 1992 ' Ordinance No. 87, 1992 on First Reading. Councilmember Winokur asked why a maximum net effective interest rate of 15% is included in the ordinance. Finance Director Alan Krcmarik replied including an interest rate the City won't exceed is an industry convention. Councilmember Winokur inquired about the underlying security for the bondholders. Krcmarik replied the pledged revenues for this transaction are State Highway User Tax Revenues placed in the Transportation Fund. Councilmember Winokur inquired about recourse for the bondholders if the State funds were not sufficient. Krcmarik replied that other City monies, except funds from property tax, could be appropriated. Councilmember Winokur clarified the property is not the underlying security. He asked about repercussions if the State funds were inadequate and the City doesn't supplement to meet the debt service. Krcmarik replied that staff would recommend using other resources to ensure the ' credit of the City wouldn't come into question. Councilmember Winokur asked if consideration had been given to restructuring the ordinance to include a backup pledge of sales and use tax revenue in order to get a higher rating and lower interest rate. Krcmarik replied that the bonds are rated A and a contingent pledge on the sales tax would not be enough to get to the Al status. The rating committee suggested restructuring the bonds to change the covenant to 2 to 1 coverage which might increase the City's rating on this issue to Al. Councilmember Winokur asked how much the rating agencies receive for review of this issue. Krcmarik replied about $6,500. Councilmember Winokur inquired about structuring the issue with a sales and use tax pledge and issuing the bonds as non -rated. Krcmarik replied that a non -rated bond would cost $150,000-$180,000 more over the life of the bond. He stated backing with sales tax might improve the rate; but in order to sell the bonds by September 1, the structure needs to be set soon. Mike Cavanaugh, Dain Bosworth, stated that the differential between an A -rated Highway User Tax bond issue and a non -rated issue would be about $200,000 and, ' 42 August 18, 1992 ' because of market demand, delaying the transaction a couple of weeks could result in loss of the small deferential between A and Al. Krcmarik clarified that by pledging sales tax on the issue, the City would be putting up something not necessary to obtain the same deal. Councilmember Winokur supported the Ordinance. The vote on Councilmember Maxey's motion to adopt Reading was as follows: Yeas: Councilmembers Kirkpatrick, Maxey, and Winokur. Nays: None. THE MOTION CARRIED. Ordinance No. 87, 1992 on First Azari, Edwards, Fromme, Horak, Ordinance No. 88, 1992, Adopting Rules and Regulations Governing the Use of City Cultural, Library, and Recreational Services Facilities. Adopted on First Reading The following is staff's memorandum on this item: "EXECUTIVE SUMMARY: This Ordinance contains certain rules and regulations regarding the use of the ' City's Cultural, Library, and Recreational Services facilities. Upon adoption, such rules and regulations will apply to areas within the defined confines of the facilities administered by the Director of Cultural, Library, and Recreational Services (CLRS). The Ordinance provides that it is unlawful for any person to knowingly violate any provision of such rules and regulations. BACKGROUND: The purpose of this Ordinance is to define rules and regulations to govern the use and enjoyment of the following City facilities: Edora Pool Ice Center, Fort Collins Community Pool, Northside Aztlan Community Center, Downtown Community Center, City Park Center, Pottery Studio, Senior Center, Lincoln Center and adjacent Sculpture Garden, Library, Museum, buildings and grounds of the City - owned golf courses, as well as the fenced confines of City Park Pool, Rolland Moore Racquet Complex, and the Farm at Lee Martinez Park. Ordinance No. 62, 1988 (Attachment 1) addresses rules and regulations governing the use of parks, open space, and trails. Ordinance No. 88, 1992 complements that ordinance, providing general rules and regulations for the use and enjoyment by the public of the facilities under the administration of the CLRS Director. By delegation from the City Manager, the CLRS Director can then create reasonable rules and regulations to address such issues as First Amendment activities to prevent interference with the normal use of a facility by the public. Due to the diversity of activities and events which occur in the CLRS facilities, these rules would most likely vary from facility to facility. For example, petition- 143 August 18, 1992 signing at EPIC or at the golf courses would be limited to certain specified areas within the confines of those facilities. In informing the public of the rules, regulations, and orders which apply to CLRS facilities in publicly -distributed materials, staff will notify the public not only of the rules and regulations adopted by Council and the administrative orders adopted by the CLRS Director, but also of other provisions of the City Code which prohibit certain conduct, such as criminal mischief or posting advertisements and signs improperly. The proposed rules and regulations have been discussed by the Parks and Recreation Board, the Cultural Resources Board, the Library Board, and the Senior Advisory Board. The Parks and Recreation Board voted unanimously to support adoption of these rules and regulations. The Senior Advisory Board agreed by informal consensus to support the adoption of them. The Cultural Resources Board and the Library Board were made aware of the Ordinance and had no major concerns with its adoption. Due to the timing of board meetings, the Golf Board will be reviewing these rules and regulations at its August meeting and its recommendation will be included at the time of the Ordinance's second reading on September 1, 1992." Councilmember Azari made a motion, seconded by Councilmember Winokur, to adopt Ordinance No. 88, 1992 on First Reading. Bruce Lockhart, 2500 E. Harmony Road, expressed concerns about permits for I gathering signatures. Councilmember Fromme asked for further clarification on the permits. Recreation Manager Jean Helburg explained the process for identifying areas where certain activities will be allowed. Assistant City Attorney Marty Heffernan clarified that prohibiting the gathering of signatures based on content is unconstitutional. Councilmember Horak spoke in favor of consistency in the rules and protection of first amendment rights. The vote on Councilmember Azari's motion to adopt Ordinance No. 88, 1992 was as follows: Yeas: Councilmembers Azari, Edwards, Fromme, Horak, Kirkpatrick, Maxey, and Winokur. Nays: None. THE MOTION CARRIED. 44 1 August 18, 1992 Councilmember Reports Councilmember Winokur requested more specific information on the progress and accomplishments of the Economic Opportunity Fund. Councilmember Horak commended Police Services for the donation of a house to the Housing Authority. In reference to the prior work session, he clarified his desire to receive timely materials and to ensure that identified citizen groups be provided current information. Councilmember Azari reported there have been 70 applications for the Diversity Task Force and each applicant will be interviewed. She stated the recommendations will be made on September 2 and forwarded to the originators of the Task Force. Public Hearing and Resolution 92-130 Approving the Americans with Disabilities Act Transition Plans for Facilities, Trans it/Paratransit. and Employment. Hearing Held and Resolution Adopted The following is staff's memorandum on this item: "FINANCIAL IMPACT: ' This Resolution provides policy guidance for Council and City staff for determining appropriate use of resources for compliance to the ADA regulations. EXECUTIVE SUMMARY: The ADA Transition Plans are required of the City to delineate the steps it will take to ensure it is not discriminating against persons with disabilities. Two key points of the Act are: 1. under the ADA, responsibility for accommodating persons with disabilities is placed on the service provider; and, 2. no funds are provided for meeting the ADA requirements, although the Act and regulations do recognize the substantial costs which may be associated with some aspect of the ADA. With these points in mind, the ADA does provide phase -in periods for each transition plan - Facilities has three (3) years and Transit has five (5) years. This phasing provides flexibility for planning. As an example, the Transit Transition Plan has to be resubmitted each year until ADA compliance is attained. Each plan can be changed to meet the current priorities and resources. Approving these transition plans does not prevent the City from changing future plans. 45 BACKGROUND: August 18, 1992 ' The ADA is a comprehensive federal law that prohibits discrimination against individuals with disabilities. The ADA prohibits the City from excluding persons with disabilities from participating in or denying them the benefits of the City's services, programs, or activities. The Act became effective on January 26, 1992. A person is disabled under the ADA if they have an impairment which substantially limits a major life activity. Major life activities include speaking, hearing, seeing, breathing, caring for oneself, learning, working, or performing manual tasks. A physical impairment is defined as any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more body systems. Mental impairment is defined as any mental or psychological disorder, emotional or mental illness and learning disabilities. The ADA, in addition to its general prohibition against discrimination on the basis of disability, requires the City to do the following: A. Self -Evaluation. The City must conduct a comprehensive self - evaluation of its current services, policies, and practices to determine whether or not they meet the requirements of the Act. This evaluation must include: 1. Public transportation; ' 2. City facilities; 3. City program and services (including communications); and 4. City employment practices. B. Transition Plan. The City must develop a transition plan for its facilities (buildings, walkways/curbs, parking), and transit services that delineates the steps the City will take to ensure it is not discriminating against persons with disabilities. C. Notice. The ADA requires the City to disseminate sufficient information to inform interested persons of the rights and protection afforded by the ADA. D. Grievance Procedure. The ADA requires the City to establish grievance procedures for resolving complaints regarding alleged violations by the City of the ADA. E. Responsible Individuals. The ADA requires the City to designate at least one (1) employee to coordinate its efforts to comply with the requirements of the Act and to investigate any complaints of discrimination on the basis of disability. The City has until January 26, 1993 to complete its employment and program/communication self -evaluations. The transition plans for facilities and ' 46 August 18, 1992 transit were due July 26, 1992. The plans were scheduled for the July 21 Council meeting, but were delayed until the August 18th meeting in order to get additional input from the Commission on Disabilities. The General Services Department has been working closely with the Commission on Disabilities evaluating the City's buildings and transit/paratransit service for compliance with ADA requirements. The attached transition plans are the result of many committee meetings and two (2) public meetings, and they represent the recommendation from the Commission and staff to bring the City into compliance with the ADA. TRANSITION PLANS 1. TRANSIT/PARATRANSIT. This plan is the most detailed because the requirements For submission were written by the Department of Transportation following the same format used for Section 504 of the Rehabilitation Act of 1973, and they are very complex. The ADA requirements state transit service to the community must be equally accessible to persons with disabilities. If the transit system is not fully accessible, or a disabled individual cannot use the system, the fixed route provider must offer paratransit service. This is the single biggest change from the "504" requirements - the City is fully responsible, as the fixed route operator, for providing transportation in the Fort Collins urban area for qualified disabled individuals. ' The plan is phased over five (5) years to achieve full compliance. The initial phase is most critical because it identifies the importance of working with Care - A -Van and its funding sources to establish levels of support and confirmation of service priorities to the disabled. These discussions will help generate the solutions on "how" transportation will be provided for the disabled, "who" will provide it, and "how much" it will cost. The three (3) most significant issues with the transit/paratransit transition plan are: A. FARES - should fares be charged to the user's of Care -A -Van? Currently, Care -A -Van takes donations, but does not charge fares. If fares were charged, some of the funding requests may be reduced. The difficulties with fares are some of Care -A -Van funding sources do not permit fares, many of the riders are low income, and additional expenses would be incurred for equipment to collect the money. This will be one of the first items in the transition plan to be determined, and it is expected to be controversial. B. ADA PARATRANSIT ELIGIBLE - the Act states in order to be eligible to ride paratransit you must have a disability and you must not be able to ride the fixed route bus. Under past and current contracts with Care -A -Van, individuals with disabilities and those 60 years old and older (non -disabled) can utilize Care -A -Van, and the Commission on Disabilities is recommending the criteria stay the same. However, if the City cannot meet service demands, the ADA gives the ' disabled priority over those 60+ (non -disabled). This may be a problem now, but 47 August 18, 1992 there is not enough data available to accurately assess the magnitude of the ' problem. Staff will work with Care -A -Van and its funding sources to quantify the situation. If this is a problem, one solution is to increase Care-A-Van's service, and that scenario is projected in the transition plan's budget. C. HOURS AND DAYS OF SERVICE - many requests have been made to increase the service of Transfort, and if the fixed route service is increased, the Act requires paratransit service to increase. These service increases are part of the Transit development Program (TOP). The decision on the level of transit service to provide for the City is part of the Transportation Plan and needs to be considered with all the other transportation needs. For 1993, Transfort will need an additional $17,000 to comply with the Act. This includes costs for bus stop improvements, specialized training, and production of bus schedules and other literature for the disabled. In addition, $55,000 may be needed if it is determined the Act requires an increase in paratransit. This should be known by October. 2. FACILITIES A. BUILDINGS. The transition plan for the buildings calls for the City to work with a committee representing the interests of the disabled to survey the public/program areas of City buildings for the purpose of identifying deficiencies relating to program accessibility. The staff and Committee will prioritize and estimate costs of the deficiencies and recommend a plan to the Council to correct the deficiencies. There were 109 buildings surveyed and deficiencies were noted. Because of the large number of buildings, this plan had to be phased. The Committee categorized the 109 buildings into a level of importance - high, medium, and low. Criteria for this classification was based on a) amount of public use, b) necessity of use, and c) disabled employee(s) at the building(s). The Committee further prioritized the deficiencies as they related to parking and exterior route to the building, entrance, program area and interior route to those program areas, restrooms, miscellaneous (drinking fountains, pay telephones), and stairs. From this rating the phases were formed: Phase 1 - primarily high priority buildings; and Phase 2 - the remainder of the high priority buildings and the medium and low priority buildings. Phase I is projected to be completed by September and Phase 2 by April 1993. B. PARKING SERVICES. The plan is to review the off-street public parking facilities in downtown, make the changes required in each lot, and prepare an accessible downtown public parking map. Parking has completed the review and the changes will be made by August 1993. Funding for the changes will be from Parking's operating budget. C. STREETS AND WALKS. Engineering wi71 complete an inventory for making all public streets and walks accessible, with the associated cost estimates, by the summer of 1993. Engineering will also prioritize needs and research alternatives by January 1994 and identify annual improvement needs and funding by the spring of 1994. Engineering has been focusing on correcting these ' 48 August 18, 1992 ' deficiencies since 1985 and has budgeted $20,000 annually to provide barrier -free access at pedestrian street crossings and public walkways. 3. EMPLOYMENT. Employee Development initiated a plan in November 1991 for the City to comply with the requirements of ADA. The basic plan is to educate all the City departments to the ADA requirements regarding employment policies and practices. Each department will be responsible for implementing the necessary changes. The Act does not require a transition plan for employment, but Employee Development completed a plan because it is very helpful in assisting each department in completing its program self -evaluations." Councilmember Winokur made a motion, seconded by Councilmember Azari, to adopt Resolution 92-130. General Services Director Thomas Frazier introduced Curleen Gomez, a sign language interpreter, and stated that materials were available in audio cassettes and large print. He made a presentation on this item and explained the notice requirements, transition plans and self evaluations. Shirley Reichenbach, Commission on Disability, described the process. Councilmember Horak asked how the public would be informed as the City implements the plan. Frazier replied 88-89 agencies will receive newsletters on the key points of the plan and there will be continuing contact with those agencies as well as the Commission on Disability and staff. Councilmember Horak inquired about guaranteeing the functionality of facility changes. Frazier replied that the Commission on Disability is helping to identify the issues. Shirley Reichenbach stated the Commission worked with the ADA Accessibility Guidelines and the City has used these guidelines for identifying problems. Councilmember Horak spoke of buildings being designed and built correctly. Frazier stated that staff worked with the Commission since 1985 to set priorities and several guidelines have changed. The following citizens spoke on this item: Rob Gilkerson, CSU student and member of ADA task force, -clarified that the City is responsible for on -street parking on College Avenue. Ginny Riley, 1604 Layland Court, spoke on the proposed ADA grievance procedure, ' Attachment 6. 49 August 18, 1992 Leigh Winfield, 411 Park, inquired about Transfort fixed routes and requested ' additional routes. Frazier stated that the Transit Development Program includes 2 additional routes for the east side and implements demand service. Bob Tueting, 916 Cheyenne Drive, asked the costs for ADA implementation. Frazier replied the range is between $100-$300,000 for the first 16 buildings and to maintain Transfort at existing service level would be $17-$40,000/year, with partial service expansion costing between $700,000/year to $3 million. Carolyn Struble, 300 E. Harmony Road, requested Transfort service be expanded to Sunday. Ray Sanderson, ADA Task Force and Transportation Committee, spoke about the travel training experience. Leigh Winfield spoke in favor of Transfort evening service over Sunday service. Councilmember Azari commended the involvement in planning for expanded Transfort services. Councilmember Horak expressed the hope that the work of citizen volunteers on the Commission on Disability would be incorporated into the staff process. ' Councilmember Winokur supported the work of the Commission on Disability and suggested requiring closed captioning of governmental programs as part of the new cable franchise. Councilmember Fromme supported Transfort service on Sunday and evenings and expanded routes. Mayor Kirkpatrick spoke of the community's support for the ADA and of the remodel of the Council Chamber to comply with ADA provisions. The vote on Councilmember Winokur's motion to adopt Resolution 92-130 was as follows: Yeas: Councilmembers Azari, Edwards, Fromme, Horak, Kirkpatrick, Maxey, and Winokur. Nays: None. THE MOTION CARRIED. Executive Session Authorized Councilmember Azari made a motion, seconded by Councilmember Edwards, to adjourn into Executive Session to consider real property transactions. Councilmember Horak spoke against the motion, preferring to wait until discussion ' 50 August 18, 1992 of the overall issue in a work session. The vote on Councilmember Azari's motion to adjourn into Executive Session was as follows: Yeas: Councilmembers Azari, Edwards, Fromme, Kirkpatrick, Maxey, and Winokur. Nays: Councilmember Horak. THE MOTION CARRIED. Reconvene The meeting reconvened at the conclusion of the Executive Session at 9:50 p.m. Resolution 92-131 Adopting a Financial and Management Policy Regarding Human Resource Management and The following is staff's memorandum on this item: "EXECUTIVE SUMMARY: Financial and Management Policies are used to establish guidelines for the 1993 Annual Budget and long range financial plans. The Human Resource Management and Productivity Policies represent the final policy which remains to be adopted for the 1993 Budget process. BACKGROUND• 7. At the July 7, 1992 City Council meeting, Council reviewed the Total Compensation Financial Policy as a part of the adoption of the Financial Policies which were to be used for the 1993 Budget process. At that time, Council expressed a number of concerns regarding the policy and other human resource management issues. At the Council meeting and in subsequent discussions with Councilmembers, the following issues were raised: 1. Sick leave: There is continuing concern about the fact that sick leave is not included in the surveys which determine the compensation adjustments under the Total Compensation policy. Though no method of providing a standard comparison between the benefits provided by other employers and the City has been found in the past, there continues to be concern on the part of Council about this issue. 2. Market Survey: Concerns were raised about the survey instrument which is used to collect the data. Concerns were specifically around the extent of local private sector data available through the Longmont Survey. 3. Effectiveness of the 70th Percentile: Questions were raised about whether the 70th Percentile is the appropriate target for the Total Compensation 51 August 18, 1992 policy. What are the performance indicators which prove that the 70th ' percentile is the correct target level? Employee Performance: What data would show that employees are performing at a level which warrants compensation being set above the median of the market place? How does employee performance compare to that in other organizations? How could the employees demonstrate additional value added to the community through activities such as volunteerism? Contingency Work Force: The City employs a large number of employees on an hourly, as -needed basis for work in the parks and recreation departments, at the Lincoln Center, on construction and maintenance crews and in special, short term projects. How does the City's pay philosophy apply to this hourly, seasonal and contingency work force? Human Resource Management and Productivity Policies: Questions were raised about whether the Total Compensation Policy could be made into a portion of a larger policy which addresses the productivity and customer service expectations which the City has for its employees. Such a policy should measure the quality and quantity of services provided, and be understandable to the community in terms of its values and goals for city services. In order to address these issues, staff has developed the attached work plan (Attachment 1) and presents a resolution adopting Human Resource Management and ' Productivity Policies (Exhibit A). The financial policy is intended to provide a framework within which staff can work to develop a comprehensive Human Resources and Productivity program within the City. Such a program would be a combination of many of the current management practices, but would also give a context in which the many human resource, productivity and quality practices can be considered. Before implementing any of the administrative changes proposed in the short-term portion of the work plan, significant work must be done with employees to develop a specific action plan to meet the goals set out by the work plan. Employee involvement in both the short-term and long-term portions of the plan must be taken into account regarding the specific alternatives which will be considered and implemented. Staff is currently working on finalizing alternatives for employees to review regarding the planned changes in the medical insurance portion of the total compensation package for 1993. Staff plans to begin working with employees on September 1 regarding these changes. With this deadline in mind, staff asks that Council adopted the attached resolution at the August 18, 1992 meeting." Councilmember Azari made a motion, seconded by Councilmember Edwards, to adopt Resolution 92-131. 52 A August 18, 1992 Employee Development Director Jaime Mares outlined the changes to the policy made in response to Council concerns. Councilmember Maxey questioned the salary survey in relation to the relevant labor market. Mares replied the goal is to survey the local, private labor market on certain applicable positions. Councilmember Winokur asked where the pool of applicants for the recent firefighter positions was drawn from. Mares replied that applicants came from across the country. Councilmember Winokur asked how 70th percentile compared with median + 3 + benefits. City Manager Burkett stated the significant difference is the inclusion of total compensation. Councilmember Horak asked about the dollar difference between the 70th and 50th percentile. Mares replied the difference is close to $900,000 city-wide each year. Councilmember Horak asked about the criteria used for comparison purposes. Mares replied the criteria are location in northern Colorado and municipalities of equal size and service. He stated that in one year there will be a significant difference in number of private sector companies used in the survey. Mayor Kirkpatrick asked about the effect of where the City advertises. Mares replied that the intent is not to advertise outside Colorado. Mayor Kirkpatrick asked about the level of participation in the salary survey by private sector companies. Mares replied the response from private sector companies is not enthusiastic because completing the in-depth survey is time-consuming and the City is a competitor for employees. He stated that the Mountain States Employers Council survey does not go into as much depth but will provide information on salary alone. Councilmember Fromme asked if 600 applicants for a firefighter job is common in other cities in the country. Mares stated 200-600 applicants are common for police officer and firefighter ' jobs in Loveland, Greeley, or Longmont. 53 August 18, 1992 Councilmember Fromme asked if that number was common for other positions in other cities. Mares replied that it was common since cities are seen as good employers. Councilmember Fromme asked about employee satisfaction after reaching the 70th percentile. Burkett stated that compensation is only one part of job satisfaction. Councilmember Fromme asked about salary increases in relation to performance. Mares stated that employees receive annual evaluations and the salary system is performance based. Councilmember Fromme asked about the 65% of employees who are at the top of their salary range. Mares stated that in some cases, employee salaries have gone down based on performance evaluations. Councilmember Winokur added that layoffs and early retirement in private companies don't affect salaries reported in surveys and that the perceived job security in government is an intangible benefit. Evelyn Clark, a 20-year resident of Fort Collins, spoke of her concerns on I secretarial salaries, the salary survey and employee benefits. Ray Martinez, representing the Fort Collins Police Association, recommended relying on Personnel Board expertise and paying at the 70th percentile. Councilmember Azari supported efforts to address Council concerns through a human resource management and productivity policy and supported above -average compensation for a quality work force. Councilmember Maxey supported further refinement of the present program with better explanation of comparisons. Councilmember Edwards supported the motion and maintenance of the status quo. Councilmember Fromme complimented City employees on performance, but spoke of her questions on insurance, sick leave and the definition of relevant labor market. Councilmember Horak supported paying the minimum amount to get the best employees possible and complained about the lack of comprehensive data and tracking on the compensation levels. 54 August 18, 1992 Mayor Kirkpatrick stated that the City has gone from a pay policy to a compensation policy tied to performance measures and outcomes and supported fair pay - The vote on Councilmember Azari's motion to adopt Resolution 92-131 was as follows: Yeas: Councilmembers Azari, Edwards, Kirkpatrick, and Maxey. Nays: Councilmembers Fromme, Horak and Winokur. THE MOTION CARRIED. Resolution 92-132 Establishing Direction for The following is staff's memorandum on this item: "FINANCIAL IMPACT: This Resolution provides policy guidance to City staff for the use of City resources. EXECUTIVE SUMMARY: The Energy Policy resolution that it team is submitting for Councils review and adoption a believes will accomplish the Council work plan item titled ' "consider adoption of a Comprehensive Energy Policy" Based on information and input from Councilmembers, boards and commissions and staff, the Energy Policy Team believes this resolution meets Council's needs and expectations. This concludes a process that began in the fall of 1991. Council previously received and reviewed the report dated December, 1991, explaining the current policy and tabulating the City's current efforts related to energy efficiency. Although the original project scope required the task force to identify specific targets for future energy improvements, the subject was found to be extremely broad with numerous subtopics. Thus, it was difficult to identify three or four measurable outcomes that would cover the full range of a comprehensive energy policy. With help from boards and commissions and Council, a resolution was structured that first, formalizes broad policy guidance in three major City responsibilities: as a user of energy; as a supplier of electrical energy; and as a community leader through its role as educator, promoter and regulator. Secondly, the resolution directs "comprehensive energy thinking" by asking the City organization and boards and commissions to use this policy to guide development of annual work plans. It also provides direction for operational decisions. For example, this policy clearly encourages experimentation with alternative fuel vehicles, even if there may be an additional front end cost. The policy requires the development of specific, measurable projects with ' accompanying implementation plans on a yearly basis. It also requires periodic 55 August 18, 1992 reporting on energy efficiency as part of the Environmental Report to the ' Community. REVIEW BY BOARDS & COMMISSIONS: In addition to review by the City organization, this policy has been discussed by advisory boards and commissions including the Air Quality Task Force, the Planning and Zoning Board, the Electric Board, the Natural Resources Board, and the Building Review Board. Suggestions for improvement have been incorporated into the policy resolution. Electric Board The Electric Board reviewed the draft policy on July 15, 1992 (minutes attached). "The Electric Board appreciates Council's consideration of an Energy Policy and feels that such a policy is helpful to the Board. The Board feels that we can work with staff in developing annual goals consistent with the policy, with two suggestions: 1. Section 1. a): In developing strategies, cost-effectiveness should be considered. 2. Section 2, c): Wording should be changed to "seriously evaluate reduction of fossil fuels, but not necessarily mandate reduction of fossil fuels." , The Electric Board was concerned that the policy might erroneously be interpreted to favor hydro or nuclear power over coal for electricity generation. These changes were made in the proposed resolution. Building Review Board The Building Review Board discussed the Energy Policy resolution at its meeting on May 28. Boardmembers had no major issues with the language in the resolution. Air Quality Task Force The Air Quality Task Force reviewed the draft policy on May 13, 1992 (minutes attached). "The Task Force is pleased that Council is considering an energy policy, and they support it as a positive forward step." The Task Force believes a citizen advisory board should be given the assignment to work on energy issues on a continuing basis. In Section 2, the phrase attempt to should be deleted to read "that future work plans shall identify specific measurable objectives whenever possible." The recommended wording change was incorporated into the proposed resolution. The proposed resolution directs several Boards and Commissions to work on energy issues on a continuing basis, as energy efficiency overlaps their ongoing areas ' 56 ' of concern or expertise. August 18, 1992 The Task Force also suggested several specific actions: as energy user, reduce the amount of street lighting; as energy supplier, use the most efficient methods of energy production and consider using alternative sources like solar and wind energy; as community leader, consider taxing energy use. Staff will consider these suggestions and seek further input from Boards and Commissions as we develop future work plans. Natural Resources Advisory Board The Natural Resources Advisory Board reviewed the proposed policy on May 6 and August 5 (minutes attached). The Board had a vigorous discussion about the merits of the proposed resolution. On August 5, the Board voted 6-1 to recommend that Council adopt the proposed resolution if the title is changed to read as follows, "Resolution Establishing Guidelines for a Comprehensive Energy Policy for the City of Fort Collins." This proposal reflected the Board's opinion that the proposed policy did not go far enough in setting measurable objectives, or in requiring specific actions to be taken by the City. The Board also expressed concern about ensuring accountability for implementing the proposed policies. They recommended that either a staff team or a citizen's advisory board be assigned responsibility for ongoing implementation. ' In response to the Board's comments, the staff team proposed changing the title of the policy to "Resolution Establishing Direction for Energy Efficiency Activities by the City of Fort Collins." This title accurately reflects the intent of the policy. To address the question of accountability and oversight, a new Section 4 was added to direct staff to include a section on energy efficiency in the Community Environmental Report. Finally, staff plans to form an interdepartmental guidance team to ensure coordinated implementation of the policies. Plannino and Zonino Board The Planning and Zoning Board reviewed the policy at a worksession and comments from members were supportive of the current direction of establishing annual, measurable, work plans. POLICY IMPACT 6 IMPLICATIONS: Staff has incorporated energy efficiency into several already -planned work items for 1992 and 1993. There are several opportunities for "comprehensive energy thinking" identified. Examples of these opportunities include: Review, revision and adoption of the Model Energy Code as part of the update to the Uniform Building Code; ' 0 Integration of energy aspects into the Framework for Environmental 57 August 18, 1992 Action. This integration will provide for an annual energy audit of ' City departments. Energy information and measurement data will be included in the Community Environmental Report. Suitable energy indicators will be developed and measured to assist City departments in designing work programs and to track community progress on energy efficiency. 0 An update of energy credit criteria of the Land Development Guidance system was completed this year. 0 Review of LOGS policy assumptions will include checking whether energy incentives have been effective. The review will also cover assumptions regarding mixed -use and higher -density development, both issues which have indirect energy implications. 0 A brochure describing the Solar Orientation Ordinance, with tips for solar energy users will be published. 0 Further implementation of the Alternative Fuels Program for City vehicles. 0 Explore options for a program which promotes air pollution reduction and energy efficiency through lighting fixture retrofit. To ensure coordinated implementation of the proposed policy, staff proposes to , form an Energy Guidance Team, similar to the existing Transportation Guidance Team and River and Open Lands Guidance Team. The Energy Guidance Team will include representatives from key departments whose missions affect energy efficiency and energy planning." Councilmember Fromme made a motion, seconded by Councilmember Edwards, to adopt Resolution 92-132. Director of Utility Services Rich Shannon made a presentation on this item. Bruce Lockhart, 2500 E. Harmony Road, spoke of his concern about the language contained in the Resolution and whether energy conservation concerns are valid. Councilmember Horak spoke in favor of integration between the Energy Guidance Team and affected boards. Councilmember Azari supported the Resolution and an integrated approach with all elements of the City. Councilmember Fromme supported the Resolution but expressed disappointment that it did not contain an overall framework plan with goals and objectives and an annual review. Councilmember Winokur supported the Resolution as a beginning. ' 58 August 18, 1992 ' Mayor Kirkpatrick spoke in favor of this item as a reasonable start toward a more comprehensive energy policy. The vote on Councilmember Fromme's motion to adopt Resolution 92-132 was as follows: Yeas: Councilmembers Azari, Edwards, Fromme, Horak, Kirkpatrick, Maxey, and Winokur. Nays: None. THE MOTION CARRIED. Councilmember Winokur suggested that, due to the lateness of the hour, some of the remaining items be postponed for consideration to the next meeting. Councilmember Edwards noted he would not be able to attend a meeting the following week. Resolution 92-133 Adopting a Human Services Policy for the City of Fort Collins, Adopted The following is staff's memorandum on this item: "FINANCIAL IMPACT: This Resolution provides policy guidance to City Council and City staff for ■ determining the appropriate use of City resources for the provision of human services. EXECUTIVE SUMMARY: City Council adopted, as part of its 1991-93 work plan, a goal to strengthen the community commitment to human services by developing a comprehensive policy statement to define the City's role and responsibilities with respect to human and social services in the City. A team, comprised of representatives from various City departments currently involved in administering City programs that fall within the realm of human services, was formed to work on the policy. The Human Services Policy Team's previous communications with City Council on this subject include a Human Services Report presenting a comprehensive picture of the City's current involvement in the provision of human services including a "de facto" policy, and a draft policy which was presented to City Council at a work session in May. Additionally, the community, local human service agencies and City boards and commissions were involved in a citizen participation process during the development of this policy. The general policy statement maintains that the City of Fort Collins desires to continue its development as a city where all of the people of the community will have an opportunity to live in a safe and healthy environment. This environment ' includes the provision of essential and diverse public services to safeguard the 59 August 18, 1992 community's human resources. The City of Fort Collins considers meeting the ' basic human needs of families and individual citizens as part of its purpose and therefore declares that is does have an appropriate role in the provision of human. services to the citizens of Fort Collins. The City will from time to time undertake actions to safeguard the community's human resources by identifying and supporting those human services which confer a direct benefit of reasonably general character upon a significant segment of the City's population. Policy Impact and Implications Simply put, local government is often the easiest point of contact for citizens in need and, without argument, there are human service needs in the Fort Collins community. Although some citizens and government managers do not consider human services to be a core function of government, like police and fire protection, the importance of a more comprehensive safeguarding of the community's human resources drives local government to consider the basic human needs of families and individuals as part of its obligation to provide essential public services. Opportunities for the City to engage in human service leadership continue to emerge because local government is the focal point of action on many issues and problems. When pressing human concerns affect a piece of the community, those who want action often turn to the City for a solution. In the past, federal block grants and other funding mechanisms have afforded the City an opportunity to approach human services more comprehensively. The City is also involved in human services in an indirect manner, such as using governance powers to assist ' a population in need or otherwise help people. Traditionally state and federal leadership and resources were the predominant sources of sponsorship of major programs in human and social services and typically these units of government or private agencies provide these services. People who need human services often look to the City when they have unmet needs. The development of a Human Services Policy represents a recognition of this leadership role and a paradigm shift with respect to the City's involvement in human services. The policy provides guidance to the community, City Council and City staff for determining the appropriate use of City resources for the provision of human services. For example, the policy provides, but is not limited to, the following criteria for reviewing programs and services: o does the service or program address a basic human need, o is the need demonstrated using data, o does it focus on prevention versus intervention, o has it been reviewed by the appropriate City board or commission, and/or 60 ' r. August 18, 1992 ' o can existing City or community assets be utilized. The policy also directs City staff to develop measurement criteria to determine policy effectiveness. For example, o periodically the Human Services Report can be updated to provide a "snapshot" in time of the status of City programs related to human services, o community quality of life indicators can be developed as a subset of Fort Collins Trends. The City can use data and criteria to evaluate existing human service programs and other basic City services to determine opportunities for improvement, as well as to review proposed new programs. The opportunities to initiate improvements include: the budget process, City Council workplan development, department policy development, and boards and commissions workplan development. Additionally the policy advocates that the City react to the transportation needs of the community, incorporate human service needs when the City does facilities planning, and establish or strengthen relationships with other human service providers." ' Councilmember Fromme made a motion, seconded by Councilmember Winokur, to adopt Resolution 92-133. Assistant to the Director of Administrative Services Debra Kaestner explained the process used to develop the human services policy and gave an overview on the policy. Mary Allison, Director of Helpline, representing the Council of Human Service Agency Directors, expressed concerns about responsibility for implementation of the policy and the current basic human needs which need to be met. Gary Karnes, Chair of the Human Resource Grant Committee, thanked the Council for considering the policy. Marge Walsh, Director of Care -A -Van, complimented the results of the partnership between the City and Care -A -Van, a private non-profit agency. Councilmember Winokur made a motion, seconded by Councilmember Azari, to amend the last sentence of the general policy to read: "The City will undertake appropriate and feasible actions to safeguard the community's human resources...." Councilmember Fromme accepted the amendment as a friendly amendment. Councilmember Winokur spoke in favor of the policy as addressing the City's role. 1 61 August 18, 1992 ' Councilmember Maxey proposed revising Section IV, B, 6 to change the word "possible" to "feasible." The change was accepted as a friendly amendment. Councilmember Fromme supported this policy. Councilmember Azari supported this policy as a total effort of the City. Councilmember Edwards lauded the adoption of this policy. Councilmember Horak supported the policy. The vote on Councilmember Fromme's motion to adopt Resolution 92-133 as amended was as follows: Yeas: Councilmembers Azari, Edwards, Fromme, Horak, Kirkpatrick, Maxey, and Winokur. Nays: None. THE MOTION CARRIED. Adjournment Due to the lateness of the hour, Councilmember Horak made a motion, seconded by Councilmember Winokur, to adjourn to August 25 at 6:00 p.m. to consider Item #23, Resolution 92-134 Approving a Five -Year Transportation Improvement Plan for the Expenditure of Regional Transportation Funds Provided Through the Intermodal ' Surface Transportation Efficiency Act of 1991, and Item #24, Resolution 92-135 Supporting the Prospect Avenue Interchange with I-25 as the Eastern Terminus of the Cache La Poudre River - North Park Scenic Byway. Councilmember Horak further moved that Item #25, Resolution 92-136 Appointing Council Members to a Water Quality/Water Treatment Master Plan Committee, and Item #26, Consideration of the Complaint Filed by Mr. Joe Bastian Alleging a Conflict of Interest on the Part of Councilmember Dave Edwards and Consideration of the Advisory Opinion and Recommendation of the Ethics Review Board Regarding the Complaint, be postponed to September 1. Councilmember Horak spoke in favor of postponement because the items warrant discussion. The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers Azari, Edwards, Horak, Kirkpatrick, Maxey, and Winokur. Nays: Councilmember Fromme. THE MOTION CARRIED. r, The meeting adjourned at 12:00 p.m. TTEST: City Clerk rill Mayor V\ 63 August 18, 1992