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HomeMy WebLinkAboutMINUTES-02/06/1990-RegularFebruary 6, 1990 February 6, 1990 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, February 6, 1990, at 6:30 p.m. in the Council Chambers in the City of Fort Collins City Hall. Roll call was answered by the following Councilmembers: Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey, and Winokur. Staff Members Present: Burkett, Krajicek, Roy Citizen Participation A. Proclamation Designating February as Colorado Heart Month was accepted by Pamela Peterson, President Larimer County Division of the American Heart Association. B. Proclamation Designating February as American History Month was ' accepted by Ann Phillips, Regent, DAR, C. Proclamation Designating February 11-17 as Mortar Board Week was accepted by Mike Purcell, President Tau Iota Omega Chapter, Colorado State University. Yolonda C. Nicely, 1625 Crestmore Place, spoke on the issue of homelessness in Fort Collins and asked for City assistance in finding facilities to house the homeless. She requested Council proclaim a month in 1990 as Homelessness Awareness Month and asked Council to also proclaim a week as Student Recognition Week for students whose parents make less than $13,000 annually. Colleen Barraclough, Lopez Elementary School, 6th Grade, presented a petition containing 565 signatures regarding community pollution concerns. Bill Starke, Northern Hotel, expressed interest in providing space for non-profit agencies and in housing the homeless. Bob Roman, Military Heritage Command, asked for permission to hold an air show at the Fort Collins/Loveland Airport on May 19 and 20 to benefit the Live POW Committee. Wayne Daugaard, property owner (foreclosure), described'a possible zoning error in Creekside at the Landings. He asked"why the lien holders did not I receive a notice and asked why the cul-de-sac was not installed. -731- February 6, 1990 Mayor Winokur directed staff to investigate the situation and respond to Council and Mr. Daugaard. Agenda Review: City Manager City Manager Burkett requested Item #20, Resolution 90-10 Regarding Proposed House Bill 1152 Before the Colorado General Assembly Regarding Land Development Charges, be pulled from the Consent Calendar. Councilmember Edwards asked that Item #16, Hearing and First Reading of Ordinance No. 9, 1990, Authorizing the Transfer of Appropriations Between Capital Projects in the Parkland Fund, be removed from the Consent Agenda. Councilmember Maxey asked that Item #17, Hearing and First Reading of Ordinance No. 10, 1990, Appropriating Prior Year Reserves from Police Seizure Activity, and Item #24, Routine Deeds and Easements, be withdrawn from the Consent Agenda. 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 be "pulled" off the Consent Calendar and considered separately. I Agenda items pulled from the Consent Calendar will be considered separately under Agenda Item #25, Pulled Consent Items. 21 Consider approval of the minutes of the regular meeting of January 16, 1990. A. Second Reading of Ordinance No. 40, 1989, Annexing Approximately 149.8 Acres Known as New Note Partnership First Annexation. Second Reading of Ordinance No. 41, 1989, Zoning Approximately 149.8 Acres Known as New Note Partnership First Annexation, into the IL Limited Industrial District, with a planned unit development condition. On March 21, 1989 Council adopted by a vote of 6-0 Resolution 89-59 Setting Forth Findings of Fact and Determinations and also adopted by a vote of 6-0 on First Reading Ordinance No. 40, 1989 and Ordinance No. 41, 1989 annexing and zoning approximately 149.8 acres, located east of Hewlett-Packard and north of Harmony Road. The requested zoning is the IL Limited Industrial District. On April 4, June 20, August 1, and November 7, 1989, at the request of I the petitioner, Council voted to postpone consideration of these -732- February 6, 1990 ' Ordinances on Second Reading. The petitioner has submitted a letter requesting that the New Note and Koldeway Annexations be postponed indefinitely. Adoption of the Consent Calendar will postpone consideration of these items indefinitely. APPLICANT: New Note Partnership OWNER: Same c/o Jack Blake, Managing Partner P. 0. Box 429 Fort Collins, CO 80522 Postponing of Consideration of Items Relating to New Note Partnership Second Annexation and Zoning. Second Reading of Ordinance No. 42, 1989, Annexing Approximately 97 Acres Known as New Note Partnership Second Annexation. Second Reading of Ordinance No. 43, 1989, Zoning Approximately 97 Acres Known as New Note Partnership Second Annexation, into the IL Limited Industrial District, with a planned unit development condition. On March 21, 1989 Council by a vote of 6-0 adopted Resolution 89-60 Setting Forth Findings of Fact and Determinations and also adopted on First Reading by a vote of 6-0 Ordinance No. 42, 1989 and Ordinance No. 43, 1989 annexing and zoning approximately 97 acres, located west ' of I-25 and north of Harmony Road. The requested zoning is the IL Limited Industrial District. At the request of the petitioner, on April 4, June 20, August 1, and November 7, 1989, Council voted to postpone consideration of these Ordinances on Second Reading. The petitioner has submitted a letter requesting that the New Note and Koldeway Annexations be postponed indefinitely. Adoption of the Consent Calendar will postpone consideration of these items indefinitely. APPLICANT: New Note Partnership OWNER: Same c/o Jack Blake, Managing Partner P. 0. Box 429 Fort Collins, CO 80522 91 A. Second Reading of Ordinance No. 44, 1989, Annexing Approximately 8.1 Acres Known as the Koldeway Annexation. Second Reading of Ordinance No. 45, 1989, Zoning Approximately 8.1 Acres Known as the Koldeway Annexation, into the BP Planned Business District. On March 21, 1989 Council unanimously adopted Resolution 89-61 Setting Forth Findings of Fact and Determinations and also unanimously adopted -733- February 6, 1990 10. on First Reading Ordinance No. 44, 1989 and Ordinance No. 45, 1989 ' annexing and zoning approximately 8.1 acres, located at the northwest corner of I-25 and Harmony Road. The requested zoning is the BP Planned Business District. At the request of the petitioner, on April 4, June 20, August 1 and November 7, 1989, Council voted to postpone consideration of these Ordinances on Second Reading. The petitioner has submitted a letter requesting that the New Note and Koldeway Annexations be postponed indefinitely. Adoption of the Consent Calendar will postpone these items indefinitely. APPLICANT: Arthur T. Koldeway OWNER: Same 6229 County Road 13 Loveland, CO 80537 Items Related to the Frontage Road Associates, Ltd., Annexation and Zoning. Second Reading of Ordinance No. 1, 1990, Annexing Approximately 88.6 Acres, Known as the Frontage Road Associates, Ltd., Annexation. B. Second Reading of Ordinance No. 2, 1990, Zoning Approximately 88.6 Acres, Known as the Frontage Road Associates, Ltd., Annexation, into the I-L, Limited Industrial, District. , On January 16, Council unanimously adopted Resolution 90-1 Setting Forth Findings of Fact and Determinations Regarding the Frontage Road Associates, Ltd. Annexation. On January 16, Council also unanimously adopted on First Reading Ordinance No. 1, 1990 and Ordinance No. 2, 1990, annexing and zoning approximately 88.6 acres located west of I-25 and south of E. Vine Drive. The requested zoning is the I-L, Limited Industrial District, with a PUD condition. The property is presently undeveloped. The property is currently zoned I -Industrial in the County. This is a voluntary annexation. APPLICANT: Lee G. Tipton OWNERS: Frontage Road Industrial 6100 E. Briarwood Circle Associates, Ltd. Englewood, CO 80112 Same address This Ordinance, which was unanimously adopted on First Reading on January 16, authorizes a contract with Employee CounselJ.ng Services for the provision of an Employee Assistance Program. :The City has offered this benefit to employees since January, 1988. An Employee 734- February 6, 1990 ' Assistance Program provides a confidential assessment of personal problems and a referral service for employees and their family members. It is provided by the City so that the employees and their family members may, without charge, benefit from the early identification, treatment and resolution of problems. In 1988 and 1989, an estimated 16% of employees and their dependents utilized this service. As part of this program, Employee Counseling Service provides assistance to supervisors in dealing with employees who have job performance problems as a result of personal difficulties. The firm conducts wellness -related seminars throughout the year. Employee Counseling Services was selected after utilizing the appropriate procedures for selection of professional services providers. 11. Second Reading of Ordinance No. 4, 1990, Amending Section 1-15 of the Code Relating to the General Penalty for Violations of the Code. Federal environmental regulations governing the industrial pretreatment of wastewater (Code of Federal Regulations Title 40, Part 403) require the City's wastewater utility to have authority to seek criminal penalties in at least the amount of $1,000 per day for each violation by industrial users of pretreatment standards and requirements. In order to comply with this federal requirement, thereby enabling the City to conform to the requirement of its ' discharge permit for the discharge of wastewater effluent into the Cache La Poudre River, it is necessary to amend Section 1-15 of the Code by changing the maximum fine for Code violations from $900 to $1,000. 12. This Ordinance, which was unanimously adopted on First Reading on January 16, brings the City into compliance with the federal regulations regarding industrial pretreatment without violating any state laws regarding maximum penalties for misdemeanor offenses. The Municipal Judge has recently recommended that, for the ease of administration, and to provide consistency between general violations of the Code and traffic violations, Section 1-15(b) should be amended to increase the maximum fine for traffic infractions to $1,000 as well. Accordingly, the proposed ordinance has been amended to include the revision of Subparagraph (b) of Section 1-15 to increase the traffic infraction fine to $1,000 from the present $900 maximum. Adoption of the Consent Calendar will amend Ordinance No. 4, 1990, on Second Reading. On January 16, Council unanimously adopted Resolution 90-6 Authorizing Application to Northern Colorado Water Conservancy District for -735- February 6, 1990 13. Cancellation of Temporary Use Permits and unanimously adopted ' Ordinance No. 5, 1990 on First Reading. The resolution and ordinance are needed to apply for the transfer of 1,875 acre-foot units of Colorado -Big Thompson (CBT) Project water held by the City under Temporary Use Permits to a permanent Class B Contract. The Northern Colorado Water Conservancy District (NCWCD) requires that Temporary Use Permits be converted to a permanent Class B Contract every few years. Proposals were solicited from 30 firms to provide lease/purchase financing for the City's current equipment requirements and MNC Leasing was selected. This Ordinance, which was unanimously adopted on First Reading on January 16, authorizes the lease/purchase financing of the equipment and vehicles needed by the City. The Ordinance needs to be amended on Second Reading to add a copier for the Police Department at a cost of $15,000 and to change the quantities of 5 items being purchased. The 5 changed quantities will not affect the grand total. The additional light bars and siren equipment are to replace older equipment with new. The reduction in prisoner restraint screens is due to fewer vans and more cars being purchased for the Police Department than originally estimated. (The , existing screens can be transferred from the old patrol cars to the new cars.) The new Grand Total is $824,800. 14. Second Reading of Ordinance No. 7, 1990, Amending Section 7-127 of the Code Relating to Campaign Contribution Limits. Section 7-127 of the City Code imposes a limitation upon the amount which may be contributed to the campaigns of candidates for office at city elections. The existing wording is somewhat ambiguous as to: (1) whether the limitation applies to both contributions and contributions in kind; and (2) whether the limitation applies only to direct contributions or also to independent expenditures that are made without the prior knowledge of the candidate. This Ordinance, which was unanimously adopted as amended on First Reading on January 16, removes those ambiguities. 15. Second Reading of Ordinance Not 8. 1990, Fixing the Salary of the City Manager. City Council has met in Executive Session to conduct the performance appraisal of City Manager Steve Burkett. This Ordinance, which was unanimously adopted on First Reading on January 16, establishes the 1990 salary for the City Manager at $77,800 per annum. February 6, 1990 1 16. 17. Fund. A need has been identified for a restroom at Avery Park in 1990. The park is programmed by the Fort Collins Soccer Club for youth soccer games and practices and use on weekday evenings and weekends is quite heavy. Currently there are no restroom facilities at the park. A restroom is projected to cost $60,000 and no funds have been budgeted. In 1986 final construction estimates for Troutman Park were $720,000. Construction was completed in 1988 for $542,000. After some additional minor work is completed in 1990, the project will be closed out and the balance of funds made available for appropriation from Undesignated Reserves in other parkland projects to be determined. This ordinance will transfer $60,000 from Troutman Park project savings for a restroom at Avery Park. During 1989, Fort Collins Police Services utilized existing state statutes to seize money and property used in criminal activity: Council receives annual reports on seizure activity and expenditures of funds. By statute, monies allocated to the seizing agency by the court cannot be considered a source of revenue to meet normal operating needs. These monies are to be used to meet expenses incurred by the agency in performing its duties which have not been funded through the routine budget process. These monies were deposited in the General Fund and set aside in a restricted reserve for police expenditures. This appropriation of $58,120 from prior year reserves reflects seizure money on account through year-end 1989. Awards made by the courts during 1990 will be appropriated early in 1991. City Council, by Ordinance No. 93, 1987, combined the duties of the Building Board of Appeals and the Building Contractors Licensing Board into one single board. The Building Review Board was created to consist of seven regular members and two alternate members. While Ordinance No. 93, 1987 amended Chapter 2 of the Code to add a division for the Building Review Board and provided for all references to the Building Board of Appeals and Building Contractors Licensing Board to be changed to the Building Review Board, it did not specifically address necessary changes to Chapter 5 of the Code, Buildings and Building Regulations. Although references to the Building Board of Appeals and Building Contractors .Licensing Board were changed to the Building Review Board, language relating to the -737- February 6, 1990 19 pill number of members on the Building Review Board was not appropriately amended. This housekeeping Ordinance amends Chapter 5 of the City Code to bring all references to the Building Review Board into conformity with the provisions of Ordinance No. 93, 1987. Items Relating to Library Services. Resolution 90-9 Authorizing the Mayor to Enter into an Intergovernmental Agreement with Larimer County for the Purpose of Providing Library Services to Residents of Larimer County. Hearing and First Reading of Ordinance No. 12, 1990, Appropriating Unanticipated Revenue of $10,180 for the Library Outreach Program. This Resolution authorizes the Mayor to enter into an agreement for the City to continue to provide Larimer County residents with general library services and library outreach services to serve the handicapped, elderly and other isolated persons. In exchange for providing these services during 1990, the County will pay to the City $101,803. The ordinance appropriates the Outreach funds. General Service funds were projected and appropriated with the 1990 Budget. Resolution 90-10 Regarding Proposed House Bill 1152 Before the Colorado General Assembly Regarding Land Development Charges. Representative Foster, Representative Anderson and Senator Norton have proposed to the General Assembly House Bill 1152 which establishes certain conditions necessary for the imposition of land development charges by local governments and requires that a capital facilities plan be prepared by municipalities prior to the imposition of new land development charges. The Bill is a clear intrusion on home rule powers, and deals with a matter (local development fees) that should be managed locally. City staff from a cross-section of the organization have analyzed the proposed legislation to determine how the City would be impacted. The legislation would impact, and in some cases exclude, fees such as Parkland Fees, which provide for the development of neighborhood parks, Street Oversizing Fees, Water and Wastewater impact fees, as well as impact fees for our Electric Utility. Additionally, all impact fees would come under the control of a state-wide formula, rather than be designed to meet local needs and conditions. Resolutions opposing the proposed legislation have been passed by the Water Board on January 19, 1990 and the Planning and Zoning Board on January 22, 1990. -738- February 6, 1990 ' 21. Resolution 90-11 Regarding Proposed Legislation on Annexation. After the 1989 legislative session came to a close, representatives from the Colorado Association of Counties and the Colorado Municipal League began working together on a "clean up" annexation bill to take care of problems that developed between the adoption of Senate Bill 45 in the 1987 session and the end of the 1989 legislative session. The result of that effort is Senate Bill 116 being introduced by Senator Winkler and Representative Berry. The bill suggests that municipalities cooperate with their counties on annexation issues through intergovernmental agreements and intergovernmental cooperation, the way the City of Fort Collins works with Larimer County on our Urban Growth Area. The bill also eliminates duplicative requirements, clears up a number of ambiguities, and eliminates obsolete language. The bill supports sound planning principles and encourages cooperative involvement between cities and counties. Other legislation on annexation has also been introduced. One of concern to the City is Senate Bill 65 sponsored by Senator Schroeder. This bill is not a comprehensive answer on the issues that have existed with annexation, and would give counties absolute veto powers over flagpole annexations. The bill appears to be aimed at a specific dispute between the City of Lakewood and Jefferson County. Clearly, legislation requiring intergovernmental agreement and cooperation is a more comprehensive and desirable solution to the issues around annexation. The resolution expresses the City's support for SB 116, and opposition to SB 65. 22. The purpose of the Resolution is to accept the Auntie Stone Street Plat in order to name a new collector street that will serve the new 01ander Elementary School. Olander School is located in the Horsetooth West Master Plan, west of Taft Hill Road, and north of Horsetooth Road. The right-of-way for the new collector street was accepted by a separate Deed of Dedication and Motion by City Council at their regular meeting of December 19, 1989. Since the street was not named at the time of the Deed of Dedication or Motion by City Council, the Auntie Stone Street Plat will serve as the official documentation to name the collector street. The name, Auntie Stone Street, was selected off the official list of street names adopted by the City Council for naming collector and arterial streets. 23. Vacancies currently exist on the Community Development Block Grant ' Citizens Steering Committee due to the resignations of Peg Sergent and Diane (Risheill) Campbell. -739- February 6, 1990 Councilmembers Horak and Maxey reviewed the applications on file and are recommending that Lee Ellen Brower and Carl McWilliams be appointed to fill these vacancies. The recommended appointees and the expiration date of the terms they will fill are as follows: Name Expiration of Term Lee Ellen Brower July 1, 1990 Carl McWilliams July 1, 1992 24. Routine Deeds and Easements. a. Powerline easement from Cheryl A. Goldrich, 212 South Sherwood, needed to underground existing overhead electric system. Monetary consideration: $265.63. b. Timberline Road right-of-way granted by Timberline Farm, Inc., located on the east side of Timberline Road from Harmony Road to Caribou Drive. Consideration: 30' dedication; 10' purchase $27,853.00 c. Waterline Easement from James Moore, 3716 East Prospect, needed for the East Prospect Waterline. Monetary consideration: $250. (based on rural lot value) Ordinances on Second Reading were read by title by Wanda Krajicek, City Clerk. Item #6. A. Second mately ation. B. Item #7. A. Second mately ation. B. Item #8. A. Second ►L[ia February 6, 1990 I B. Second Reading of Ordinance No. 45, 1989, Zoning Approximately 8.1 Acres Known as the Koldeway Annexation, into the BP Planned Business District. Item #9. A. a Item #10. Item #11. Item #12. Item #13. Item #14. Ltd.. Annexation. Item #15. Second Reading of Ordinance No. 8, 1990, Fixing the Salary of the City Manager. Ordinances on First Reading were read by title by Wanda Krajicek, City Clerk. Item #16. Item #17. Item #18. -741- February 6, 1990 Item #19. B. Councilmember Azari made a motion, seconded by Councilmember Edwards, to adopt and approve all items not removed from the Consent Calendar. Yeas: Councilmembers Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey, and Winokur. Nays: None. THE MOTION CARRIED. Ordinance No. 9, 1990, Authorizing the Transfer of Appropriations Between Capital Projects in the Parkland Fund. Adopted on First Reading Following is staff's memorandum on this item: "FINANCIAL IMPACT Nearly $180,000 in the Parkland Fund was saved during the construction of Troutman Park. A restroom in Avery Park is projected to cost $60,000. This ordinance will transfer $60,000 from the Troutman Park Project savings to the new Avery Park Restroom Project. EXECUTIVE SUMMARY A need has been identified for a restroom at Avery Park in 1990. The park is programmed by the Fort Collins Soccer Club for youth soccer games and practices and use on weekday evenings and weekends is quite heavy. Currently there are no restroom facilities at the park. A restroom is projected to cost $60,000 and no funds have been budgeted. In 1986 final construction estimates for Troutman Park were $720,000. Construction was completed in 1988 for $542,000. After some additional minor work is completed in 1990, the project will be closed out and the balance of funds made available for appropriation from Undesignated Reserves in other parkland projects to be determined. This ordinance will transfer $60,000 from Troutman Park project savings for a restroom at Avery Park." Councilmember Kirkpatrick made a motion, seconded by Councilmember Horak to adopt Ordinance No. 9, 1990 on First Reading. Councilmember Edwards asked why the restroom construction was not included in the original budget and asked why the restroom was .a high priority. Director of Cultural Library and Recreational Services Mike Powers explained the increased usage of the parks required the City to construct restrooms and described the "demand basis" of adding restrooms to the parks. He stated that future development plans for parks with softball and soccer fields will include restrooms. 742- February 6, 1990 ' Councilmember Maxey inquired about the cost of the restroom. Mike Powers described the restroom as being "low end" on the cost scale and noted the higher costs are associated with heated restrooms. Councilmember Kirkpatrick asked about similar existing restrooms in the parks. Superintendent Parks Planning and Development Randy Balok stated the restroom at Beatty Park was similar to the restroom that would be constructed at Avery Park. Councilmember Edwards asked about significant cost savings had the restroom been constructed during the park development. Randy Balok stated that there would have been significant savings had the restroom been constructed at the beginning of the park development. Yolonda C. Nicely, 1625 Crestmore Place, asked how many bids were solicited for the restroom construction. Randy Balok stated the City was not ready for a bid preparation and explained the selection and design phase process which included specifications. He noted the increased costs associated with the exterior ' design and interior fixtures of the restroom were to discourage vandalism. Councilmember Horak spoke in support of the motion and commented on the unrealistic view of park patrons returning home to use the restroom. The vote on Councilmember Kirkpatrick's motion to adopt Ordinance No. 9, 1990 on First Reading was as follows: Yeas: Councilmembers Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey, and Winokur. Nays: None. THE MOTION CARRIED. Ordinance No. 10, 1990, Appropriating Prior Year Reserves from Police Seizure Activity, Adopted on First Reading Following is staff's memorandum on this item: "FINANCIAL IMPACT There is no financial impact on the General Fund. When'money is seized by Police, it is put into a restricted reserve which precludes its use for any other purposes. This ordinance appropriates funds in the restricted reserve for police expenditures. -743- February 6, 1990 EXECUTIVE SUMMARY ' During 1989, Fort Collins Police Services utilized existing state statutes to seize money and property used in criminal activity. Council receives annual reports on seizure activity and expenditures of funds. By statute, monies allocated to the seizing agency by the court cannot be considered a source of revenue to meet normal operating needs. These monies are to be used to meet expenses incurred by the agency in performing its duties which have not been funded through the routine budget process. These monies were deposited in the General Fund and set aside in a restricted reserve for police expenditures. This appropriation of $58,120 from prior year reserves reflects seizure money on account through year-end 1989. Awards made by the courts during 1990 will be appropriated early in 1991." Councilmember Horak made a motion, seconded by Councilmember Kirkpatrick, to adopt Ordinance No. 10, 1990 on First Reading. Councilmember Maxey asked how the $58,120 would be spent. Police Chief Bruce Glasscock explained the unanticipated expenses consisted of investigative expenses incurred with the Susan Doll homicide, computer equipment needed for DNA analysis, and specialized training. The vote on Councilmember Horak's motion to adopt Ordinance No. 10, 1990 of , First Reading was as follows: Yeas: Councilmembers Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey, and Winokur. Nays: None. THE MOTION CARRIED. Resolution 90-10 Regarding Proposed House Bill 1152 Before the Colorado General Assembly Regarding Land Development Charges, Adopted Following is staff's memorandum on this item: "FINANCIAL IMPACT There is no direct financial impact from this resolution. However, should HB 1152 pass the Colorado General Assembly and become law, the City of Fort Collins would be severely restricted in its assessment of development impact fees. EXECUTIVE SUMMARY Representative Foster, Representative Anderson and Senator Norton have proposed to the General Assembly House Bill 1152 which establishes certain ' conditions necessary for the imposition of land development charges by -744- February 6, 1990 ' local governments and requires that a capital facilities plan be prepared by municipalities prior to the imposition of new land development charges. The Bill is a clear intrusion on home rule powers, and deals with a matter (local development fees) that should be managed locally. City staff from a cross-section of the organization have analyzed the proposed legislation to determine how the City would be impacted. The legislation would impact, and in some cases exclude, fees such as Parkland Fees, which provide for the development of neighborhood parks, Street Oversizing Fees, Water and Wastewater impact fees, as well as impact fees For our Electric Utility. Additionally, all impact fees would come under the control of a state-wide formula, rather than be designed to meet local needs and conditions. Resolutions opposing the proposed legislation have been passed by the Water Board on January 19, 1990 and the Planning and Zoning Board on January 22, 1990." Planning Director Tom Peterson reported on the current legislative activity and spoke of the amendment requiring the placement of impact fees in interest bearing accounts. He stated that staff continued to recommend adoption of Resolution No. 90-10 and described the amendments made to reinstate issues that had been removed in committee. Councilmember Azari made a motion, seconded by Councilmember Edwards, to ' adopt Resolution 90-10, Yeas: Councilmembers Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey, and Winokur. Nays: None. THE MOTION CARRIED. Routine Deeds and Easements. Accepted Following is staff's memorandum on this item: "EXECUTIVE SUMMARY Powerline easement from Cheryl A. Goldrich, 212 S. Sherwood, needed to underground existing overhead electric system. (Map #1) Monetary consideration: $265.63. Timberline Road right-of-way granted by Timberline Farm, Inc., located on the east side of Timberline Road from Harmony Road to Caribou Drive. (Map #2) Consideration: 30' dedication; 10' purchase - $27,853.00 In accordance with the Master Street Plan,. Timberline Road is designated as a major arterial with a right-of-way width of 120 feet. Due to existing development in the area, this alignment has been shifted 10 feet to the east from Harmony Road to Drake Road - 50 feet west of center line and 70 feet east of the road center line. -745- February 6, 1990 Currently, an 80-acre parcel of land, known as Timberline Farm Master ' Plan, is going through the planning process. Based on the master street plan alignment decision, the owners are dedicating the additional 30-foot strip on the east side of the existing right-of-way from Harmony Road to Caribou Drive. The City is purchasing the last 10 feet of right-of-way to complete the easterly 70-foot Timberline corridor. The purchase is based on recent sales of the 80-acre parcel. Waterline Easement from James Moore, 3716 East Prospect (Map #3), needed for the East Prospect Waterline. Monetary consideration: $250. (based on rural lot value) The project consists of the design and construction of a 16-inch and a 12-inch waterline. The 16-inch portion of the line will extend from Sharp Point Drive on Prospect Road to 1-25 and will eventually become part of a loop system to serve the East Prospect area. The 12-inch portion runs south from Prospect along the Frontage Road to the Resource Recovery Farm compost building. Total length of the new waterline is about 11,600 feet. Construction date has not been determined." Councilmember Maxey asked if the 120' wide arterial right-of-way was standard and asked how far north the 120' extended. Planning Director Tom Peterson stated the 120' right-of-way for Timberline ' Road is associated with the final design consideration and stated that in the current Master Plan, Timberline Road is envisioned to consist of six lanes. He stated that at the present time the six lane section extends to Drake. Councilmember Mabry made a motion, seconded by Councilmember Maxey to accept the Routine Deeds and Easements. Yeas: Councilmembers Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey, and Winokur. Nays: None. THE MOTION CARRIED. Staff Reports City Manager Burkett reported on the emergency purchase regarding the PCB clean up of the Drake Substation and noted the total clean up cost was $25,795.70. Councilmember Reports Councilmember Edwards spoke of the Colorado Clean Air Campaign and noted the campaign's Partner of the Month was Carey Hewitt, owner of the Cupboard. -746- February 6, 1990 FJ Resolution 90-14 Adopting the Recommendations of the Council's Health and Safety Committee on the Program Details for the Fourth of July Celebration, Postponed Until March 6 Following is staff's memorandum on this item: "FINANCIAL IMPACT The financial impact of these recommended changes will be approximately the same as the costs in prior years for this celebration. The funds for 1990 are budgeted in the Cultural, Library, and Recreational Services Administration Budget, as well as monies remaining in the Mitigation Fund account. Funding for this program in future years will need to be recognized in the normal budget process. EXECUTIVE SUMMARY In June 1989, the Council directed the Health and Safety Committee to review the Fourth of July celebration and to return with recommendations for the 1990 event. Working with staff, the Council committee looked at the celebration in terms of the City's capacity to serve the public, safety issues, and the cost of the event. Based on these criteria, the committee recommends that the Fourth of July celebration be spread throughout the city, that the fireworks show be more spectacular than it has been in the past, and we make the viewing of the show accessible to more people by moving the launch site from City Park to Pineridge Open Space. The recommendation increases the ability of the City to serve our public, decreases the safety risks that are an inherent part of the City Park celebration, and focuses the cost more toward the purchase of fireworks without reducing the family events during the day. Trying to balance the safety and accessibility issues with the tradition of the City Park celebration was the major dilemma for the committee and will be for Council. This recommendation is not a perfect solution. Some citizens will be upset with this recommendation. This recommendation is the technical answer to the safety and accessibility questions. Whether the public is ready for this change is the political question to be answered. The attached document details the considerations that went into this recommendation." -747- February 6, 1990 Director of Cultural, Library, and Recreational Services Mike Powers gave a brief presentation on the recommendation and described the two parts of the celebration. He noted the first part of the recommendation suggested that the day's events be spread throughout the City's parks. He noted that this would eliminate the crowded conditions and assist in estimating future growth and mentioned that the Kid's Fair that was normally held at City Park would be moved to The Farm at Lee Martinez Park. He stated that Rolland Moore Park would hold the volleyball tournaments and added that there would be events at City Park. He noted the recommendation suggests that two events, the Showmobile and the Food Fair be deleted from the July 4th celebration and explained that those two events would be incorporated into the New West Fest celebration in August. He spoke of moving the fireworks celebration from City Park to Pineridge Open Space and noted the associated safety concerns and easy accessibility. He spoke of the results of the December fireworks test shoot and suggested that any place in the southwest part of the city would provide spectacular viewing of the fireworks. He spoke of the overall cost savings to the City by spreading the events throughout the city and noted the committee's recommendation to purchase additional fireworks. He stated the celebration would be conducted by Parks and Recreation, Police, and Fire and noted that staffing levels would be the same as last year. Councilmember Kirkpatrick complimented staff on its support for the project and described the history of evaluating the July 4th celebration. She defined safety, cost, tradition, and accessibilty as the criteria that the committee considered. Councilmember Maxey presented twenty years of personal history with the July 4th celebration and noted the concerns regarding insurance, safety, Fire Department involvement, and the "safe area" around City Park Lake. He pointed out that over the years visibility has decreased due to tree growth and increased crowd size and noted that the new shoot site would not pose any hazards to the public. He stated he believed many citizens have not gone to the fireworks celebration due to the parking problems, crowd size, and decreased visibility. Councilmember Kirkpatrick reiterated the problems associated with the current celebration with respect to crowd size, traffic and parking problems, ability to provide emergency services, the safety and liability issues from the shoot site, and accessibilty for the community. She described the past months work and the two test shoots. Councilmember Azari commented on the issues of concern that were considered in the committee's recommendation. Councilmember Kirkpatrick noted the lack of public input regarding the fireworks shoot and expressed appreciation to the people who worked on the project. Councilmember Kirkpatrick made a motion, seconded by Councilmember Maxey, to adopt Resolution 90-14. -748- February 6, 1990 Councilmember Azari asked if there had been discussion with Colorado State University regarding parking at Hughes Stadium during the fireworks celebration. Mike Powers stated there had been discussion with the University regarding the use of the parking lot and noted the University was waiting on Council's decision before entering into further discussion on the use of the parking lot. He stated the University was not recommending the use of the parking lot, but.was willing to continue to explore the issue. Mayor Winokur expressed appreciation to Councilmember Kirkpatrick and the Health and Safety Committee for focusing on the safety and jurisdictional concerns and asked what other organizations might be interested in the celebration. He asked staff what additional outreach could be considered. Mike Powers stated staff had made an outreach attempt in terms of the two fireworks test shoots and noted a memo had been distributed in the City Park area describing the proposed celebration changes. He stated the memo encouraged citizens to comment on the proposed changes and noted a similar memo had been distributed in the Pineridge area. He stated advertisements regarding the test shoots had been placed in the Coloradoan and stated Mike Hauser from the Chamber of Commerce had been contacted for his reaction. Councilmember Horak asked if the Committee was in favor of passing the resolution without further outreach regarding changing the location of and public input and the celebration. He expressed concern stated it appeared ' to him that all associated issues have not been worked out and expressed concern about approving the move to Pineridge without additional public comment. He encouraged the details be worked out before making a hasty decision. Councilmember Maxey stated that the committee discussed the traffic problems with the Police and Fire Departments. He stated that not being directly under the shoot was a safety benefit. He added the viewing benefits associated with the elevated launch site and the larger size explosives would make the fireworks more enjoyable for a larger number of people. Councilmember Horak asked if the -citizens who live near Pineridge had been contacted by the committee regarding the proposed celebration and expressed concern about spectators on the hillsides. Councilmember Kirkpatrick stated contact was made with Larimer County Parks and Public Works to discuss parking during the fireworks and noted that spectators currently view the fireworks from that area. Mike Powers stated parking was at capacity up on the dam and noted he had been in touch with Larimer County Sheriff's Office to discuss parking/traffic coordination. He added that with or without the use of ' Hughes Stadium for parking, there is a plan in place. -749- February 6, 1990 Councilmember Kirkpatrick stated that there had not been contact with the surrounding neighbors of Pineridge and compared the proximity of the houses at City Park. Councilmember Mabry noted the logistical differences of traffic and crowd control in City Park versus Pineridge. He emphasized the need for additional consideration and preparation in the emergency services area. Councilmember Kirkpatrick noted the use of Pineridge for the July 4th celebration would be an experiment and commented on Council contacting affected parties. She encouraged Council to make a decision and stated she believed Council should proceed quickly to retain City Park, eliminate the celebration, or accept another option. Councilmember Mabry asked how much time could Council have to make its decision. Councilmember Kirkpatrick stated that a decision should be made by the first meeting in March. Director of Purchasing and Risk Management Jim O'Neill stated it would be in the City's best interest to have a contractor selected by March and added the bid process will take two to three weeks. Yolonda C. Nicely, 1625 Crestmore Place, spoke in support of retaining City Park for the July 4th celebration. ' Councilmember Horak commended the committee members on the excellent job done on the project and asked questions about the bid process. He expressed concern about the City making a final decision prior to working out the logistics and notifying affected parties. He suggested that information be assembled within the next month so that the affected parties could respond. Councilmember Azari spoke in support of continued discussion for the July 4th celebration. She commented on the staffing levels required and stated she was skeptical that the celebration would take less Police and Fire Department participation. She stated the recommendation included a higher level of safety with no limits placed on citizen participation in the activities. Councilmember Kirkpatrick commented that community expectations for a July 4th celebration occurring on Wednesday might be different. She encouraged Council to view 1990 as an opportunity to make changes in the celebration. Councilmember Maxey reinforced the fact that the funding for police and fire services had increased and noted the $12,000 savings that would come from the smaller crowds at City Park. Mayor Winokur commended the Fourth of July Committee, Parks and Recreation, ' Police Services, and the Poudre Fire Authority for the outstanding job at last year's celebration. He expressed appreciation to the Health and -750- February 6, 1990 Safety Committee for the hard work that went into looking at the health and safety issues of the celebration and commented on the varying degrees of risks versus the benefits of moving the celebration. He indicated the need to have clear sense of balance between reasonable fun and safety and encouraged Council do more outreach to the appropriate people in the community to ensure balanced judgement. Councilmember Horak spoke in support of obtaining more information and community input regarding the impact of the celebration. Councilmember Horak made a motion, seconded by Councilmember Mabry, to postpone consideration of Resolution 90-14 until March 6 for the purpose of obtaining additional community outreach information. Yeas: Councilmembers Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey, and Winokur. Nays: None. THE MOTION CARRIED. Items Relating to Trails System Completion Following is staff's memorandum on this item: "FINANCIAL IMPACT Funding for various Open Space and Trails projects exists in several cost ' centers in each of two funds: the General City Capital (114 Cent Necessary) Fund and the Conservation Trust Fund. Several of these projects have available appropriations. The appropriations remain because the projects have either been completed or because priorities have changed. These transfer requests will keep available appropriations within their respective funds. No fund -to -fund transfers are requested, and no additional funds are requested. EXECUTIVE SUMMARY Hearing and First Reading of Ordinance No. 13, 1990, Authorizing the Transfer of Appropriations between Capital Projects in the General City Capital Projects (114 Cent Necessary) Fund. B. Hearing and First Reading of Ordinance No. 14, 1990, Authorizing the Transfer of Appropriations between Capital Projects in the Conservation Trust Fund, and Appropriating Prior Year Reserves. Available appropriations in the General City Capital (114 cent necessary) Fund and in the Conservation Trust Fund, plus some prior year reserves in the Conservation Trust Fund, coupled with projected future lottery revenues should be adequate to cover the estimated costs of connecting the original trail system segments in order to meet Council five-year goal. However, some transfers of funds are necessary to meet expected costs. Land Acquisition Appropriations in the General City Capital Fund need to be ' transferred from "Greenbelt", and "Open Space Acquisition" projects to a new project called "Trails and Open Space Acquisition". In the -751- February 6, 1990 Conservation Trust Fund some available acquisition funds need to be consolidated into the "Trail Acquisition/Development" project to accommodate expected construction costs. Prior year reserves (lottery revenue received in late December 1989) also need to be appropriated to the same project. BACKGROUND In the fall of 1989, staff presented a status system to Council at a worksession. Council efforts at completing the trail loop segment Recreation Master Plan complete the original established by Council. This transfer of trails system within report on the direction was as defined in funds provides City's trails to accelerate the Parks and the tool to the five year time limit In previous years trails and open space funding was needed for projects such as Spring Creek Trail, Poudre River Trail and Greenbelt Acquisition. Today those projects are nearing completion, or in the case of the greenbelt, have been dropped for lack of support. The focus now is to close the gaps in the original trail system. Constructing the Poudre Trail under College Avenue and under Highway 14 are examples of upcoming projects. These transfers involve prior years available balances, not the current budget. Transfers requested are as follows: General City Capital 1 4 Cent Necessary) Fund Available Appropriations #412 Trails West of Taft Hill #416 Acquisition of Greenbelt #420 Acquisition of Open Space # * Trails and Open Space Acquisition TOTAL Transfer Amount New Balance 368,762 -0- 368,762 100,000 (100,000) -0- 100,000 (100,000) -0- -0- + 200,000 = 200,000 568,762 568,762 *New account number to be determined. Conservation Trust Fund Available Appropriations #104 Open Space Acquisition #105 Poudre Trail #107 Poudre Open Space Acquisition #103 Ft Collins/Loveland Corridor Prior Year Reserves #111 Trail Acquisition/Develop TOTAL Transfer Amount New Balance 364,855 (284,420) 80,435 41,820 (41,820) -0- 63,582 (63,582) -0- 165,000 (165,000) -0- 90.879 (90,879) -0- 726,136 (645,701) 163,667 + 645,701 = -809,368 889,803 889,803 752- February 6, 1990 ' These ordinances will transfer $200,000 of General City Capital (114 cent necessary) Funds and $645,701 of Conservation Trust Fund dollars for Open Space and Trail projects for the acquisition and development of the original trail system. With these transfers, $568,762 will be available in the General City Capital (114 cent necessary) Fund and $809,368 will be available in the Conservation Trust Fund to work towards completion of the original trails system within the five year time line. $80,435 will remain in open space acquisition. The Parks and Recreation Board, at its meeting of December 6, was pleased to learn that Council had taken a strong position in completing the Trails System. However, the Board voted unanimously to recommend that the City work towards completion within three years rather than five years. Mayor Winokur attended the January 24 meeting of the Board to discuss the trails situation, and the Board clarified that a three year time line is its genuine goal. Staff feels that within the existing resources of money, people (legal, real estate, project managers, construction inspectors, etc.) and equipment it is not realistic to expect completion of the Trails System in less than four to five years. If Council decides to adopt a three year plan additional resources will be necessary. The above transfers were prepared for implementation of the five year plan." Director of Cultural Library and Recreational Services Mike Powers gave a brief presentation on the trail system funding. Councilmember Kirkpatrick inquired about the dropping of the Greenbelt Program due to lack of support. Mike Powers noted that the Greenbelt Program was put to a vote and rejected and added that the money was still available. He clarified that the greenbelt and the corridor were synonymous. Councilmember Kirkpatrick asked what was not going to be done as a result of the change. Mike Powers stated the only thing that would not be done was the greenbelt and added that the Open Space Trails Program would be completed. Councilmember Mabry made a motion, seconded by Councilmember Edwards, to adopt Ordinance No. 13, 1990 on First Reading. Mayor Winokur expressed satisfaction with staff's work on the initial implementation of the trail system completion and encouraged Council to consider adopting a formal resolution providing direction to staff regarding target completion of the trail system. -753- February 6, 1990 The vote on Councilmember Mabry's motion to adopt Ordinance No. 13, 1990 on I First Reading was as follows: Yeas: Councilmembers Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey, and Winokur. Nays: None. THE MOTION CARRIED. Councilmember Mabry made a motion, seconded by Councilmember Horak, to adopt Ordinance No. 14, 1990 on First Reading. Yeas: Councilmembers Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey, and Winokur. Nays: None. THE MOTION CARRIED. Ordinance No. 15, 1990, Adopting the 1988 Edition of the Uniform Fire Code with Local Amendments. Adopted on First Reading Following is staff's memorandum on this item: "EXECUTIVE SUMMARY Since the 196O's, the City of Fort Collins has adopted the Uniform Fire Code, with certain local amendments. This Code is published jointly by the Western Fire Chiefs Association and the International Conference of Building Officials. It is a companion code to the Uniform Building Code, ' Uniform Mechanical Code and Uniform Plumbing Code, which are also adopted by the City. These model codes are published in three year cycles through an extensive code development process and it has been the City's practice to adopt the current edition following the publishing of the new additions. Unlike the other model codes, the Fire Code is not administered or enforced directly by the City, but by Poudre Fire Authority under terms of the intergovernmental contract which created PFA in 1981. For this reason, the adoption process parallels the standard city process but has an intervening step of action by the PFA Board of Directors. This edition of the Fire Code and local amendments have been reviewed and endorsed by the PFA Board of Directors, by a special Code Review Committee appointed by the PFA Board and by the Fort Collins Building and Fire Review Board. There are no significant retroactive issues involved in this adoption and no financial impact. BACKGROUND As has been done during the past two Code adoption cycles in 1986 and 1983, the PFA Board of Directors has appointed a special Code Review Committee to review the new edition of the Code and any existing or new local amendments. This adoption cycle began in April with the appointment of the Committee (a list of the members is attached). The Committee met throughout the summer and early fall and completed its work in October. On October 24th, the PFA Board of Directors reviewed and approved the Code , Review Committee's recommendations. At that time, the Board also directed -754- February 6, 1990 ' staff to continue the adoption process with the City and Fire District. On November 30th, the Fort Collins Building and Fire Review Board considered this Code and proposed local amendments. At that time, that Board approved adoption of the Code and has endorsed it for adoption by City Council. As in past years, the Fire Code includes three major segments: the published Code itself which is the same as the last edition, changes or additions to the published Code which have been developed through the WFCVICBO Code Development process and a set of local amendments. The local amendments are further divided into two categories: those which have been developed as part of past adoption cycles and those which are entirely new. These new local amendments are discussed in more detail below. This is a relatively routine adoption and there are no significant retroactive issues. During a recent Fire Code Appeal, some Appeal Board members expressed the belief that retroactive requirements must go through a much more extensive review process. This is PFA's belief also and it has been our practice to separate major retroactive issues from the cyclical, relatively routine code adoption process. NEW LOCAL ISSUES False Alarms. The 1988•Edition as published contains a new article on fire alarm systems. These are not new requirements, but a condensation of existing requirements throughout the Code into a single article. Sections 14.108 and 11.302(A) as published give the Chief the authority to deal with false alarm and system malfunction problems, but do not specifically define when an alarm problem exists or what actions the Chief may take to alleviate these problems. These definitions are included as a second paragraph to Section 14.108. False and unwanted alarms are becoming a major problem in the Fort Collins area, as they are nationwide. Although Fort Collins has fewer alarm systems than many jurisdictions and no public fire alarm systems, the number of false and unwanted alarms exceeded 500 in 1989. This accounts For approximately l0Y of the total emergency calls. While this is a problem in Fort Collins, some cities experience as high as 40% false and unwanted alarms. Response to this problem will be in three areas, better design and technology in new systems, improved maintenance of existing systems and quicker, more affirmative action in problem situations. This Code amendment together with the educational effort to be implemented in 1990 will help reduce this problem. Aboveground Fuel Tanks and Disoensina. An outgrowth of the underground storage tank program adopted by the City earlier this year was the realization that the Code must provide some increased flexibility for the use of small scale aboveground fuel storage and dispensing. The published Code for many years has severely restricted and in most cases prohibited ' aboveground dispensing into vehicles except on farms and construction sites. This level of flexibility is new even to the WFCA/ICBO Code -755- February 6, 1990 development process but elements of the Poudre Fire Authority program are I expected to appear in the model code as more fire departments find they must address this issue. For dispensing to vehicles, this use would be a use by right in industrial, agricultural, commercial and highway business zones and as a condition of a planned unit development (PUD) in other zones provided all other fire code requirements are met. For existing businesses in other zones, the use must also be approved by the planning and zoning process through the expansion of an existing non -conforming use as prescribed in city planning ordinances. Hazardous Materials. PFA is working on a major hazardous materials project which is expected to involve substantial new code work. For this reason, this issue should not be included in the routine Code adoption process and should be considered as a separate issue in the future. The 1988 published Code includes substantial additions and changes in the hazardous materials area. As an example, Article 80 increased from six pages in the 1985 edition to fifty pages in the 1988. For the reasons stated above, staff recommends the 1985 hazardous materials article be retained as a local amendment until the larger hazardous materials project is complete. LPG Transfer Sites. New language has been included to more closely regulate the siting and safety precautions of a new type of LPG cylinder ' transfer facilities. The LPG industry is introducing a new marketing strategy which promotes LPG cylinder exchange at convenience stores and similar sites. Although the Code and related standards already contain sufficient safeguards for this use, the permitting requirements are based on cylinder size rather than the operation itself. This amendment simply requires a permit for this use so that site locations are known and meet the Fire Code requirements." Fire Division Chief Warren Jones gave a brief presentation outlining the Uniform Fire Code and described the Code development process. He pointed out the four new issues were false alarms, above ground fuel tank dispensing, hazardous materials, and permit requirements for liquified petroleum gas tanks. Councilmember Maxey made a motion, seconded by Councilmember Edwards, to adopt Ordinance No. 15, 1990 on First Reading. Yolonda C. Nicely, 1625 Crestmore Place, expressed concern about LPG cylinder transfer. Warren Jones explained the transfer of small liquified petroleum gas tanks (similar to the size on a gas grill) and described the Code provision which allows the gas tanks to be exchanged at a convenience store. Councilmember Maxey pointed out the work done by the. Code Review Committee I prior to the Fire Authority Board's review. -756- February 6, 1990 I Councilmember Edwards expressed appreciation to the Code Review Committee for its hard work on the Uniform Fire Code. The vote on Councilmember Maxey's motion to adopt Ordinance No. 15, 1990 on First Reading was as follows: Yeas: Councilmembers Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey, and Winokur. Nays: None. THE MOTION CARRIED. Resolution 90-15 Making Findings of Fact Regarding the Appeal by H. C. Glisan, d/b/a Prospect Plaza Apartments, of the Decision of the Fire Board of Appeals. Adopted Following is staff's memorandum on this item: "EXECUTIVE SUMMARY On November 8, 1989, H. C. Glisan, d/b/a Prospect Plaza Apartments, filed an appeal of the October 26, 1989 decision of the Fire Board of Appeals that an improved automatic fire alarm system was required to be installed in certain of the apartment buildings owned by Prospect Plaza. On January ' 16, 1990, Council voted 6-0 to remand the matter to the Board for a rehearing. In order to complete the record regarding this appeal, the Council should adopt a Resolution making findings of fact and remanding the matter for rehearing. BACKGROUND On October 26, 1989, the Fire Board of Appeals (the "Board") upheld the determination of the Fire Chief that an improved automatic fire alarm system was required to be installed in certain apartment buildings owned by H. C. Glisan, d/b/a Prospect Plaza Apartments ("Prospect Plaza"). On November 8, 1989, a notice of appeal was filed on behalf of Prospect Plaza appealing the decision of the Board to Council. The appeal was based on the allegations that: A. The decision of the Board was arbitrary and without the support of competent evidence. B. The Board failed to properly interpret and apply relevant provisions of the Code and Charter. C. The Board failed to conduct a fair hearing in that it had, prior to the hearing and unbeknownst to Prospect Plaza, received a packet of materials from the Fire Chief which were made available to Prospect ' Plaza only after its attorney learned of its existence during the hearing. 757- February 6, 1990 At the January 16, 1990 hearing on this matter, Council considered the ' record on appeal and the presentation and argument of the parties in interest. Council determined that the Board's procedures prior to and during the hearing were not sufficiently clear so as to afford Prospect Plaza the opportunity to fully understand the issues to be addressed at the hearing and to respond to the Fire Chief's evidence. There was sufficient confusion surrounding the hearing, hearing, and the processes involved, that a rehearing is warranted. Thus, Council has determined that Prospect Plaza was denied a fair opportunity to be heard before the Board and that the appeal should be upheld for that reason. The proposed Resolution, if adopted, would finalize that decision and would remand the matter to the Board for rehearing." Mayor Winokur withdrew from discussion and vote on this item due to a perceived conflict of interest. Councilmember Maxey made a motion, seconded by Councilmember Kirkpatrick, to adopt Resolution 90-15. Yeas: Councilmembers Azari, Edwards, Horak, Kirkpatrick, Mabry, and Maxey. Nays: None. (Mayor Winokur withdrawn) THE MOTION CARRIED. Items Relating to Councilmember IAppointments oointments to Other Agencies Following is staff's memorandum on this item: "EXECUTIVE SUMMARY A. Resolution 90-16 Adopting Guidelines for Appointment of Members of City Council as Boardmembers and/or Liaisons to Other Governmental Entities and Private Agencies. (Option A); or Hearing and First Reading of Ordinance No. 16, 1990, Establishing Rules for Appointment of Members of City Council as Board Members and/or Liaisons to Other Governmental Entities and Private Agencies (Option B) Questions have arisen with regard to whether Councilmembers appointed to serve as liaisons and/or members of the boards of directors of other agencies have conflicts of interest in performing their official duties as Councilmembers if their decisions affect the other boards or agencies. By adoption of either the Resolution or the Ordinance, Council would clarify that: (1) appointments to other governmental agencies do not generally create conflicts of interest; and (2) service by Councilmembers on the boards of directors of private agencies should be construed as service in a private capacity unless official capacity service is formally approved by the Council. The Council Ethics Board has recommended adoption of the , -758- February 6, 1990 proposed Resolution. As an alternative, Council may wish to consider establishing the rules for these appointments by ordinance. BACKGROUND City Council presently appoints its members to serve as City representatives to certain other public and private agencies. In some instances, Councilmembers are appointed as members of the boards of directors of those agencies, and in other instances, they serve as Council liaisons. In the past, questions have arisen as to whether such appointments create conflicts of interest for the appointed Councilmembers when the Council is called upon to make decisions which may affect the other agencies. By adopting either the proposed Resolution or Ordinance, the Council would clarify the circumstances under which such appointments should be considered as service in an official capacity, as well as the extent to which such appointments may create conflicts of interest. Under either the Resolution or Ordinance, the following rules would apply: 1. Appointments to Other Governmental Agencies. As to appointments to serve with other public agencies, those appointments would generally not be considered to create conflicts of interest for Councilmembers who perform the normal duties and functions of their office, even when those Council actions might affect the agencies in question. On a case -by -case basis, however, Councilmembers could still choose to refrain from participating in a particular decision if they decided that the circumstances relating to the decision made such abstention necessary under the applicable rules of the Charter and Code. 2. Appointments to Private Agencies. As to Councilmember appointments to private agencies, such appointments would be construed as being in a private capacity unless Council were to authorize such service as being in an official capacity." City Attorney Roy explained the impetus for the item came from the Ethics Review Board and noted the two issues which the board addressed. He stated the issues centered around the practice of Council appointing members to serve as City representatives to other governmental agencies and the situation involving Councilmembers serving as representatives or members of boards of directors on private agencies. He restated the Board's opinion that service on the boards of directors of other governmental agencies protects and represents the interests of the City. He added that such service does not generally create a conflict of interest for Councilmembers in the performance of their official duties as Councilmembers and noted that with respect to private agencies, individual Councilmember's decide whether to participate as a member of the board of directors in an official capacity. He stated that conflicts of interest would be determined on a case -by -case basis and noted the two alternative actions before Council. He added that the Ethics Review Board recommended that a resolution be ' adopted and noted the definitions of governmental agencies and private agencies. He clarified that the ordinance is a formal approach which will 759- February 6, 1990 be codified as permanent rules and will formalize the authority of Council ' to make appointments. He stated a resolution is informal and will constitute a statement of position or policy. He noted the E-470 Committee and the Convention and Visitor's Bureau should be deleted from the ordinance since under the new definitions they are considered private agencies. Councilmember Maxey made a motion, seconded by Councilmember Azari, to adopt Resolution 90-16 as revised. Mayor Winokur requested clarification of the difference between the resolution and ordinance. City Attorney Roy stated a resolution is a less formal approach that will constitute Council's view on how the appointments should be regarded on the questions of conflicts of interest and clarified the ordinance will be a more formal approach and will be codified. Councilmember Horak spoke in favor of the ordinance and noted the public nature of the governmental entities. Councilmember Edwards spoke in support of the ordinance and noted the merits of codifying the issues surrounding Councilmember appointments. He stated it was a necessary function for the City to participate in the various boards and committees. Councilmember Kirkpatrick spoke in favor of codifying the rules. ' The vote on Councilmember Maxey's motion to adopt Resolution 90-16 as revised was as follows: Yeas: Councilmembers Azari, Mabry, and Maxey. Nays: Councilmembers: Nays: Edwards, Horak, Kirkpatrick, and Winokur. THE MOTION FAILED. Councilmember Horak made a motion, seconded by Councilmember Edwards, to adopt Ordinance No. 16, 1990 on First Reading as revised. The vote on Councilmember Horak's motion to adopt Ordinance No. 16, 1990 on First Reading as revised was as follows: Yeas Councilmembers Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey, and Winokur. Nays: None. THE MOTION CARRIED. Other Business Councilmember Kirkpatrick commented on her family's desire to participate in the City's ZILCH Program and stated that City employee's are ineligible to participate in the program. She asked that the Ethics Review Board determine whether Councilmembers are City employees for the purpose of participating in the ZILCH program and noted that when the program , originally began there was concern that City employees would be overly -760- February 6, 1990 represented among the participants. She suggested that the requirement might not reasonable since the program had been in existence for approximately eight to ten years and requested that this policy be examined with respect to City employee participation. Mayor Winokur spoke in support of additional review and discussion of arbitrary exclusion of City employees from worthwhile programs. Councilmember Horak proposed a worksession to discuss the selection process of the Mayor and Assistant Mayor. Councilmember Azari spoke in support of the worksession and commented on Council's shared leadership responsibility. Councilmember Kirkpatrick supported the suggestion regarding Council leadership and expectations. Councilmember Edwards stated he believed it would be a distinct enhancement to the decision making process. Councilmember Horak made a motion, seconded by Councilmember Edwards, to schedule a worksession between February 6 and March 27 dealing with leadership issues with respect to Council expectations. Bruce Lockhart, 2500 East Harmony Road, supported the public process. Mayor Winokur spoke in support of the motion and in favor of the public process. The vote on Councilmember Horak's motion to schedule a worksession between February 6 and March 27 was as follows: Yeas: Councilmembers Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey, and Winokur. Nays: None. THE MOTION CARRIED. Councilmember Azari spoke regarding House Bill 1106 sponsored by Representative Irwin and Senator Norton and noted the conservation issues included in implementing a statewide metering program. She suggested the Water Board review the demand point of view, the water resource management policies and report back to Council with any recommendations or changes. Councilmember Edwards spoke in support of Councilmember Azari's suggestion and encouraged additional water conservation measures be taken. He encouraged Council take the pro -active side of the issue and focus on water conservation issues. Councilmember Maxey stated he believed that Council should wait until the bill becomes law before initiating action and in order to be able to react to the specifics of House Bill 1106. ' Mayor Winokur stated it would be better for Council to be pro -active rather than reactive and expressed concern about the issue of demand and usage -761- February 6, 1990 management. He encouraged Council to take a comprehensive approach towards a worthwhile supply policy. Councilmember Azari commented on the demand side of water resource management policies and requested a clear analysis be presented to Council. Councilmember Horak requested staff schedule a resolution that will form a combined Water Board -Council committee to develop recommendations. He noted the importance of focusing on the issues of water usage. Councilmember Horak made a motion, direct staff to prepare a resolution management policies committee. seconded by Councilmember Azari, to appointing Councilmembers to a water Councilmember Kirkpatrick spoke in support of including more than the Water Board in the demand management policy discussions. Councilmember Maxey spoke in support of the motion and in support of developing a comprehensive picture of water management issues. The vote on Councilmember Horak's motion to direct staff to prepare a resolution was as follows: Yeas: Councilmembers Azari, Edwards, Horak Kirkpatrick, Mabry, Maxey, and Winokur. Nays: None. THE MOTION CARRIED. Adjournment Councilmember Kirkpatrick made a motion, seconded by Councilmember Mabry, to adjourn into Executive Session to conduct an informal review of the Municipal Judge. Yeas: Councilmembers Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey, and Winokur. Nays: None. THE MOTION CARRIED. The meeting adjourned at 9:40 p.m. Mayor TEST: City Clerk 1 -762-