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HomeMy WebLinkAboutMINUTES-02/16/1988-RegularFebruary 16, 1988 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 16, 1988, 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: Estrada, Kirkpatrick, Mabry, Maxey, Stoner, and Winokur. (Secretary's Note: Councilmember Horak arrived at approximately 6:35 p.m.) Staff Members Present: Burkett, Huisjen, Krajicek Citizen Participation A. Proclamation Naming February 14-20 as Mortar Board Week was accepted by Susan Asper, Mortar Board member. B. Proclamation Naming February 27 as National Trio Day was forwarded to the appropriate persons. Larry Scott, 2821 Eagle Drive, requested the name of the Fort Collins/Loveland Airport be changed to the Larimer County Airport. Terry Rule, vice-president of the Colorado Chapter of the Golden Key National Honor Society, spoke of a jazz concert being held on February 21 to benefit CSU's Morgan Library. Bill Starke, owner of the Northern Hotel Restaurant and Lounge, expressed concern about the Lincoln Center being in competition with private businesses for wedding receptions and other functions. He requested Council conduct a study to determine if the competition is fair. Agenda Review: City Manager City Manager Burkett requested an Executive Session at the end of the meeting. Councilmember Maxey requested Item #6, Second Reading of Ordinance, No. 14, 1988, Amending Section 23-156 of the Code of the City of Fort Collins; Relating to Enforcement of Cemetery Rules and Regulations, and Item #17, Routine Easements, be withdrawn from the Consent Agenda. Councilmember Mabry asked that Item #13, Hearing and First Reading of Ordinance No. 26, 1988, Amending Sections 26-278, 26-279, and 26-280 of the -413- February 16, 1988 Code to Allow Certain Nonresidential Wastewater Customers to be Charged According to Winter Quarter Water Use, be removed from the Consent Calendar. Consent Calendar This Calendar is intended to allow the City Council to spend its time and energy on the important items on a lengthy agenda. Staff recommends approval of the Consent Calendar. Anyone may request an item on this calendar be "pulled" off the Consent Calendar and considered separately. Agenda items pulled from the Consent Calendar will be considered separately under Agenda Item #18, Pulled Consent Items. 5 M. 7. D Consider aooroval of the minutes of the regular meeting of February 2 and ad.iourned meeting of February 9. The Code currently authorizes the City Council to adopt rules and regulations relating to the operation and maintenance of municipal cemeteries but does not provide a mechanism for enforcing violations of such rules and regulations. This Ordinance, which was unanimously adopted on First Reading on February 2, would provide such a mechanism. This Ordinance was unanimously adopted on First Reading on February 2. The owner of Lots 7 and 8 in Collindale First Tee P.U.D. has requested that a thirty (30) foot wide utility easement be vacated. Water and sewer lines have been relocated to another easement, therefore the utility easement in Lots 7 and 8 is no longer required. All City agencies and utility companies have been contacted and have no problems with the -proposed vacation. Items Relating to Link-N-Greens Second Annexation and Zoning A. Resolution 88-26 Finding Substantial Compliance and Initiating Annexation Proceedings for Link-N-Greens Second Annexation. B. First Reading of Ordinance No. 20, 1988, Annexing Approximately 16.84 Acres Known as Link-N-Greens Second Annexation. C. First Reading of Ordinance No. 21, 1988, Zoning Approximately 16.84 Acres Known as Link-N-Greens Second Annexation, into the RC, River Corridor, Zoning District. -414- i February 16, 1988 I 91 This is a request to annex and zone approximately 16.84 acres located south of Lincoln Avenue, west of Lemay Avenue and north of the Poudre River. The requested zoning is the RC, River Corridor, Zoning District. The property is presently developed as part of the Link-N-Greens golf course. Section 22-137 of the Code requires the Financial Officer to transfer money 'from the General Fund to the bond fund of any special improvement district where a deferred assessment has been granted by the City Council to a property owner located in that district. Although several deferred assessments have been granted in the past, the transfers in conformance with the Code have never been made. This Ordinance would make the required transfers as follows: Special Improvement District #1 $ 1,802 Special Improvement District #67 567 Special Improvement District #71 10,717 Special Improvement District #74 12,790 Surplus and Deficiency Fund 301 $26,177 10. Hearing and First Reading of Ordinance No 23 1988 Appropriating Unanticipated Revenue of $7 300 from the Colorado Division of Highway Safety for the Fort Collins Drunk Driving Enforcement Program The Police Department has been awarded a grant from the Colorado Division of Highway Safety totalling $50,000. These monies are provided from fees assessed against convicted drunk drivers across the state. These funds will be used to support the already existing drunk driving enforcement program within the department. The grant will provide for the majority of the salary for the DUI officer assigned to the lead on drunk driving enforcement. Since the 1988 Budget included the Colorado Division of Highway Safety revenue in the amount of $42,700, only $7,300 needs to be appropriated at this time for expenditure in the Police Department's Drunk Driving Enforcement Program. Eguipment. The purpose of this Ordinance is to appropriate $26,000 of prior, year undesignated reserves in the Golf Fund for the outright cash purchase of a 1988 five -gang Toro mower for Collindale Golf Course, replacing a Ransome five -gang mower, rather than acquire the mower through the -415- February 16, 1988 12. 13. 14. 15. lease/purchase process as was originally intended. When the 1988 Golf Fund budget was proposed and adopted by Council, it was staff's intent to lease/purchase this piece of capital equipment because of the relatively high price. However, after review of the Golf Fund 1987 projected ending year financial condition, staff is now recommending the outright cash purchase rather than lease/purchase of the mower. The Joint City/County Block 31 account is used to fund the operations and maintenance of Block 31 property. In late November 1987, Finance stated that prior to expending funds from this account, money must now be appropriated. Use. Wastewater service charges for most nonresidential customers are based on monthly water use. Some customers who have high water use in the summer due to lawn watering have correspondingly high wastewater service charges. This Ordinance provides an option for more equitable service charges by basing the charges on winter quarter water use. The Resolution would authorize the City Manager to enter into a contract with Dr. William L. Boyd of CSU to conduct fish and benthic biosurveys in the Poudre River during 1988. The biosurveys are necessary to assess the impact of wastewater discharges on aquatic life in the River. Council has approved an appropriation• of $34,000 for the design of Rossborough Park. Staff has selected EDAW, Inc. to provide the services necessary to complete the design of the project. The Professional Services Agreement will be for a. fee not to exceed $24,400, and, therefore, requires Council approval. -416- J February 16, 1988 1 16, Resolution 88-29 Authorizing the Execution of a Memorandum of Understanding with Larimer County and the U.S. Forest Service for a National Recreation Area Study. This Memorandum of Understanding between the City, the County, and the Forest Service outlines roles and responsibilities for carrying out the studies mandated by federal law to determine whether or not a portion of the Cache La Poudre River should be designated as a National Recreation Area. The Memorandum is now ready for the Mayor's signature and execution. 17. Routine Easements. a. Easements for Westside Water Transmission Main (1) Easement from Colorado State Board of Agriculture. Consideration: $10,756. (2) Easement from John 0. Fuhr and Adrian J. Fuhr. Consideration: $10. (3) Easement from Marion Hazel Bonnema. Consideration: $3,329. (4) Easement from Arapahoe Farm Inc. Consideration: $14,400. (5) 2 Easements from Mountainridge Farm Inc. Consideration: $10 (6) and E697. Easement from Poudre R-1 School District. Consideration: $10. (7) Easement from Chism Homes, Inc. Consideration: $22,000. a .(8) Easement from State Federal Savings and Loan Association of Lubbock. Consideration: $5,000. As part of the Water Utility Department's continuing effort to provide the upgrade water service to the southwest portion of the City, the Westside Water Transmission Main has been designed. The work includes the construction of approximately 5 1/2 miles of varying pipe sizes starting at Lake Street/Overland Trail and ending at Shields/Horsetooth Road. These easements are 9 of the 18 needed for the water transmission main. Consideration is based on value estimates derived by consultation with M.A.I'.'Appraisers. b. Easement from Westpac Investors Trust III of Newport. Beach, California, for a Transfort bus passenger waiting shelter at University Mall. Consideration: $10. c. Easement from Philip J. Morse and Neva 0. Morse at 1400 Hillcrest needed to install underground streetlight services. Consideration: $1. -417- February 16, 1988 d. Easement from Viva Jean McCambridge at 2416 Crabtree Drive needed to install underground streetlight services. Consideration: $1. Ordinances on Second Reading were read by title by Wanda Krajicek, City Clerk. Item #6. Item #7. Ordinances on First Reading were read by title by Wanda Krajicek, City Clerk. Item #8. B. C. Item #9. Item #10. Item #11. Item #12. Item #13. Councilmember Stoner made a motion, seconded by Councilmember Winokur, to adopt and approve all items not removed from the Consent Calendar. Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Mabry, Maxey, Stoner, and Winokur. Nays: None. THE MOTION CARRIED. -418- �J i j February 16, 1988 C! Ordinance No. 14, 1988, Amending Section 23-156 of the Code of the City of Fort Collins Relating to Enforcement of Cemetery Rules and Regulations, Tabled on Second Reading to March 1 Following is staff's memorandum on this item: "The Code currently authorizes the City Council to adopt rules and regulations relating to the operation and maintenance of municipal cemeteries but does not provide a mechanism for enforcing violations of such rules and regulations. This Ordinance, which was unanimously adopted on First Reading on February 2, would provide such a mechanism." Councilmember Kirkpatrick made a motion, seconded by Councilmember Stoner, to adopt Ordinance No. 14, 1988 on Second Reading. Assistant to the Director of Parks and Recreation Jerry Brown responded to questions regarding the Code provision for the posting of hours at the cemeteries. Councilmember Maxey made a motion, seconded by Councilmember Stoner, to table Ordinance No. 14, 1988 on Second Reading to March 1 to include a modification to the Code relating to the posting of cemetery hours. Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Mabry, Maxey, Stoner, and Winokur. Nays: None. THE MOTION CARRIED. Ordinance No. 26, 1988, Amending Sections 26-278, 26-279, and 26-280 of the Code to Allow Certain Nonresidential Wastewater Customers to be Charged According to Winter Quarter Water Use, Tabled for a Period Not to Exceed Sixty Days Following is staff's memorandum on this item: "Financial Impact Operating revenue for the Sewer Fund will decrease slightly. The amount will depend on how many customers desire to take advantage of the proposed optional method of calculating wastewater service charges. It is expected that, during the next year, the decrease will be less than .2% of total operating revenue and therefore will not have a significant impact on the wastewater utility. -419- February 16, 1988 Executive Summary Wastewater service charges for most nonresidential customers are based on monthly water use. Some customers who have high water use in the summer due to lawn watering have correspondingly high wastewater service charges. This Ordinance provides an option for more equitable service charges by basing the charges on winter quarter water use. Background During recent years, the Utility has received occasional inquiries and complaints from nonresidential customers regarding the method of computing wastewater bills. Most wastewater service charges for nonresidential customers are based on monthly water use. Customers that do not have a separate water service line for irrigation purposes usually experience higher wastewater bills during the summer months as a result of lawn irrigation. About two years ago, an ordinance was adopted which allowed churches and other nonresidential customers which discharge wastewater of a type similar to residential. customers to be assessed charges based on winter quarter water use (average monthly water use during December, January, and February). The proposed Ordinance would allow additional nonresidential customers, such as schools, the option of having wastewater charges based on winter quarter water use. Wastewater service charges are computed differently for the various customer classifications. Single-family residential units and duplexes are charged a flat rate. Monthly charges for multifamily units are based on winter quarter water use. Multifamily indoor water use does not vary much during the year. Since there is very little lawn irrigation during the winter months and most of the water used indoors returns to the sewer system, the winter quarter water use is a good indication of the amount of wastewater discharged to the sewer system. Some nonresidential customers, whose wastewater charges are based on monthly water use, have installed separate water service lines for irrigation use to avoid excessive wastewater charges during the summer. Most nonresidential customers, however, do not have a separate water service line for lawn irrigation. Installing an additional water service line for an existing customer is much more expensive than installing an additional line during the initial development of the property. This is the reason for pursuing an administrative solution rather than requiring an additional irrigation line. The wastewater.' discharge for many nonresidential customers is fairly uniform throughout the year. The proposed Ordinance will allow those customers the option of having charges based on either winter water use or monthly water use." Councilmember Stoner made a motion, seconded by Councilmember Maxey, to adopt Ordinance No. 26, 1988 on First Reading. j -420- February 16, 1988 a Councilmember Mabry stated he and meeting with the School District on Councilmember several Kirkpatrick have been matters and this item is part of those discussions. He stated he would prefer to delay this item until all issues have been resolved with the School District. Questions were answered by Utility Services Director Rich Shannon, Water Utilities Director Mike Smith, and Distribution and Collection Manager Jim Hibbard. Councilmember Mabry made a motion, seconded by Councilmember Kirkpatrick, to table Ordinance No. 26, 1988 for a period not to exceed 60 days or until other School District issues have been resolved. Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Mabry, Maxey, Stoner, and Winokur. Nays: None. THE MOTION CARRIED. Routine Easements Following is staff's memorandum on this item: "a. Easements for Westside Water Transmission Main (1) Easement from Colorado State Board of Agriculture. Consideration: $10,756. (Map #1). (2) Easement from John D. Fuhr and Adrian J. Fuhr. Consideration: $10. (Map #1). (3) Easement from Marion Hazel Bonnema. Consideration: $3,329. (Map (4) Easement from Arapahoe Farm Inc. Consideration: $14,400. (Map (5) 2 Easements from Mountainridge Farm Inc. Consideration: S10 and $697. (Map #1). (6) Easement from Poudre R-1 School District. Consideration: $10. (Map #1). (7) Easement from Chism Homes, Inc. Consideration: $22,000 (Map #2). (8) Easement from State Federal Savings and Loan Association of Lubbock. Consideration: $5,000. (Map #2). As part of the Water Utility Department's continuing effort to provide the upgrade water service to the southwest portion of the City, the Westside Water Transmission Main has been designed. The work includes the construction of approximately 5 112 miles of varying pipe sizes -421- February 16, 1988 starting at Lake Street/Overland Trail and ending at Shields/ Horsetooth Road. These easements are 9 of the 18 needed for the water transmission main. Consideration is based on value estimates derived by consultation with M.A.I. Appraisers. b. Easement from Westpac Investors Trust III of Newport Beach, California, for a Transfort bus passenger waiting shelter at University Mall (see Map #3). Consideration: $10. c. Easement from Philip J. Morse and Neva D. Morse at 1400 Hillcrest needed to install underground streetlight services. Consideration: $1. (Map #4). d. Easement from Viva Jean McCambridge at 2416 Crabtree Drive needed to install underground streetlight services. Consideration: $1. (Map #5)." Right -of -Way Agent Ron Mills briefly described each easement and responded to questions from Council. Councilmember Horak withdrew from further discussion and the vote on this item due to a perceived conflict of interest. Councilmember Stoner made a motion, seconded by Councilmember Kirkpatrick, to accept the easements and conveyances and authorize the Mayor to execute the appropriate agreements. Yeas: Councilmembers Estrada, Kirkpatrick, Mabry, Maxey, Stoner, and Winokur. Nays: None. (Councilmember Horak withdrawn) a THE MOTION CARRIED. Ordinance No. 13, 1988, Amending Section 2-293 of the Code of the City of Fort Collins Relating to the Functions of the Library Board. Adopted on Second Reading Following is staff's memorandum on this item: "This Ordinance, which was adopted 5-2 on First Reading on February 2, would empower the Library Board to accept, maintain, administer and use the gift of money paid to the Library Board as beneficiary of the Henry Trust." Councilmember Stoner made a motion, seconded by Councilmember Kirkpatrick, to adopt Ordinance No. 13, 1988 on Second Reading. Yeas: Councilmembers Estrada, Kirkpatrick, Mabry, Maxey, Stoner, and Winokur. Nays: Councilmember Horak. THE MOTION CARRIED. -422- i February 16, 1988 a Items Relating to the OakRidge Special Improvement District No. 91 Following is staff's memorandum on this item: "Financial Impact The Bond Ordinance provides for the issuance of $2,245,000 of special assessment bonds to cover the costs of the District. The underwriting fee amounts to $56,125, resulting in net bond proceeds of $2,188,875. Of this amount, $335,000 of proceeds will be deposited in the Bond Fund and the remaining $1,853,875 will be deposited in the Capital Projects Fund. Total appropriations in the Capital Projects Fund of $1,862,000 includes expected interest earnings in idle bond proceeds. The Appropriations Ordinance provides for $153,008 from the Street Oversizing Fund and $15,504 from the Water Oversizing Fund to cover the City's costs associated with the District. Executive Summary A. Second Reading of Ordinance No. 16, 1988 Authorizing the Issuance of OakRidge Special Improvement District No. 91 Special Assessment Bonds. B. Second Reading of Ordinance No. 17, 1988 Authorizing the Transfer of Appropriated Amounts from the Street Oversizing Fund to the Capital Projects Fund. These Ordinances were adopted 6-0 on First Reading on February 2. The Creation Ordinance for the OakRidge Special Improvement District No. 91 ("the District") was adopted by the Council on First Reading at the regular meeting of July 21, 1987 and was finally adopted on August 4, 1987. The District consists of approximately 169 acres of land located in the southeast portion of the City adjacent to and southeast of the intersection of Lemay Avenue and Harmony Road. Property within the District is a part of the 285-acre OakRidge Planned Unit Development and is zoned for mixed use development. The property owners anticipate that the land in the District will be used primarily for retail, office, light industry, light manufacturing, high technology and residential development. The improvements to be completed in the district include street pavement, curb, gutters, sidewalks, street lighting, landscaping, landscaped median islands, water mains, sanitary sewer lines, and storm drainage improvements. Land in the District is zoned for mixed uses and is presently owned by Everitt Enterprises Limited Partnership No. 1, a Colorado limited partnership and Hercules Industries, Inc. -423- February 16, 1988 SOURCE & USE OF FUNDS Source of Funds* Bond Proceeds Total Uses of Funds* Construction (including 5% contingency) Engineering and administration Capitalized interest (1) Issuance expenses (including Underwriter's discount) (2) Total $2,245,000 $2,245,000 $1,440,846 271,644 335,000 197,510 $2,245,000 (1) The amount of capitalized interest plus investment income thereon is estimated to be sufficient to pay interest on the Bonds through March 1, 1990. The Underwriter has estimated investment income at a rate of 7.0% per annum. (2) Includes a City fee of $15,373 to cover its administrative charge for City engineering costs in connection with the District." Councilmember Mabry withdrew from the discussion and vote on these items due to a perceived conflict of interest. Councilmember Maxey made a motion, seconded by Councilmember Stoner, to adopt Ordinance No. 16, 1988 on Second Reading. Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Maxey, Stoner, and Winokur. Nays: None. (Councilmember Mabry withdrawn) THE MOTION CARRIED. Councilmember Maxey made a motion, seconded by Councilmember Stoner, to adopt Ordinance No. 17, 1988 on Second Reading. Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Maxey, Stoner, and Winokur. Nays: None. (Councilmember Mabry withdrawn) THE MOTION CARRIED. Review of Revocable Permit to Construct Improvements in the Public Right -of -Nay, Robinson-Piersal Plaza, Motion to Revoke Permit Denied Following is staff's memorandum on this item: -424- 0 February 16, 1988 0 a "Executive Summary It has been requested by the City Council Leadership Team that the Robinson-Piersal Plaza Revocable Permit be reviewed in light of the revised preliminary P.U.D. approval granted by the Planning and Zoning Board on February 1, 1988. On January 6, 1987, Council adopted Resolution 87-5 that approved the issuance of a revocable permit to Robinson-Piersal Plaza, Ltd. for construction in the public right-of-way of certain improvements related to the Robinson-Piersal Plaza project. The improvements, as approved, are on Magnolia Street, Remington Street, Mulberry Street and College Avenue. The utilities involved have been contacted and there were no objections to the proposed encroachments. The developer will bear all expenses involved with any utility relocations. The Colorado Highway Department did not object to the encroachments on College Avenue. The conditions of the permit provide for their concerns. Staff extensively reviewed the plans for the project in 1985, 1986, and 1988. Staff recommends that the permit remain in effect. Background I. On November 18, 1985, the Planning and Zoning Board granted final approval for the Robinson-Piersal Plaza P.U.D. Final approval was granted with the condition that the developer receive City Council approval of a revocable permit for encroachment of the service area of the development into the Magnolia Street right-of-way. It was determined that the project was sufficiently important to the viability of downtown to justify the encroachment. The developer made application for the revocable permit on November 21, 1986. The application (copy attached) requested approval of encroachments into all of the surrounding streets. In summary, the following is a list of the requested encroachments: 1. Subsurface encroachment for foundations and mechanical and electrical systems into College Avenue, Magnolia, Remington and Mulberry Streets. 2. Surface encroachment for landscaped area wells into College, Remington and Mulberry. 3. Surface encroachment for the service area and related improvements into Magnolia Street. -425- February 16, 1988 The encroachment for foundation footings is common in areas where the finished wall surface is on the property line. Encroachment for the landscaped area wells was requested by City Staff to provide for openings to the outside in the lower level parking structure. Item 3, dealing with the service area encroachment in Magnolia, has been of concern. A71 of the utility companies which have facilities in the surrounding streets, or could have in the future, have reviewed the request and have no objections to the encroachments. The developer has arranged with Mountain Bell, Public Service, and Light and Power for moving and protecting their facilities. Since College Avenue is a State Highway, it was necessary to get the State's permission for any encroachment. The Highway Department had no objection to the encroachment as long as it could be removed in the future if required by the State. The department was not willing to vacate or sell the property. Upon reviewing a draft of the City's Revocable Permit for Magnolia, the State requested that .the City include the College Avenue encroachments in the permit. The primary public objections to the encroachments of this development into the public rights -of -way have been from the Schofield Family Partnership. A letter was received from the Schofields in December, 1986 at the time the Council was considering the encroachment permit application. A staff memo to City Council, dated December 30, 1986, discussed and responded to the concerns raised. A copy of the staff memo is attached for reference. On January 6, 1987, City Council granted the Revocable Permit. Staff believes that a revocable permit is the proper way to handle this type of situation and is provided for in the Charter. The permit may be revoked at any time and without cause. The cost of construction and removal of the improvements is the responsibility of the permittee. Maintenance of the encroachment area is also the permitee's responsibility. The permit requires that the City be indemnified with the permittee's insurance coverage. II. Due to the elimination of the housing component from the project by the developer, a revised preliminary and final PUD plan was submitted to the Planning and Zoning Board for consideration. On February 1, 1988, the Board granted the requested preliminary approval only. The Board made no recommendation concerning the revocable permit. The Board will consider the final plan at its meeting in March. Specific street system questions were raised at the January 25 and February 1, 1988 meetings of the Planning and Zoning Board, and an additional staff memo is attached hereto for the purposes of responding to these questions. Staff believes that the revocable permit duly authorized by the Council on January 6, 1987 is valid today. Conditions upon which the permit was -426- February 16, 1988 granted have not changed. Staff believes that the original P.U.D., as amended by the Planning and Zoning Board to exclude the housing component, has not altered the need or justification for the continuance of the encroachment permit based on the permitted uses that have necessitated the issuance of the permit." Director of Development Services Mike Davis gave a history of this permit. He and Traffic Engineer Rick Ensdorff responded to questions from Council. Ed Zdenek, project planner with ZVFK, reviewed the Robinson-Piersal Plaza project and answered questions from Council. Barbara Allison, 1212 Lynnwood Drive, expressed concern that the project no longer contains low-income housing. She stated the project as currently planned is not what the citizens approved at an election. She urged Council to take a closer look at the project. Chuck Patton, 1229 Teakwood Drive, posed questions about the size and value of the easement. Barbara Schofield, 1801 Lakeshore Circle, raised questions about traffic flow and the provisions of the permit. John Schofield, 1801 Lakeshore Circle, gave a brief overview of the problems with the easement as determined by the Schofield Partnership. Mrs. Schofield recapped her objections to the easement, noting that the project no longer contains a public benefit. Councilmember Horak made a motion, seconded by Councilmember Kirkpatrick, to revoke the Robinson-Piersal Plaza permit to construct improvements in the public right-of-way. Councilmember Horak stated he was never in favor of this permit and he did not believe the permit was valid for the amended PUD. He added he was not threatened by possible use -by -right development of the property if the permit is revoked. Councilmember Stoner stated he believed development of the site through the PUD process was of benefit to the public. He stated special arrangements should be made to assist redevelopment in the downtown area. Councilmember Kirkpatrick stated she did not believe the use -by -right option was a threat, but noted the PUD process was preferable to her. She stated she did not believe it was in anyone's interest for the City to take a combative stance on this issue. She stated she was not in favor of revoking the permit. Councilmember Winokur stated the issue for consideration was the encroachment, not an appeal of a Planning and Zoning Board decision or review of a PUD. He indicated he would have preferred a recommendation from the Planning and Zoning Board on this issue. He stated one of the -427- February 16, 1988 arguments for granting the encroachment permit has been the enhanced design, and he did not believe it was an adequate reason for granting the permit. He stated the current project is substantially different from the original proposal, and does not contain the same public benefit. He believed the public trust would be betrayed if the permit is allowed to stand. Mayor Estrada stated he did not believe the encroachment permit would have been granted if the public housing portion of the project did not exist. He agreed that the project is significantly different from the original proposal and stated he would not support the continuance of the permit. The vote on Councilmember Horak's motion to revoke the encroachment permit was as follows: Yeas: Councilmembers Estrada, Horak, and Winokur. Nays: Councilmembers Kirkpatrick, Mabry, Maxey, and Stoner. THE MOTION FAILED. Ordinance No. 28, 1988, Fixing the Salary of the City Manager Adopted on First Reading Following is staff's memorandum on this item: "City Council has met in Executive Session to perform the annual evaluation of City Manager Steve Burkett. This Ordinance will establish the 1988 salary for. the City Manager. Council needs to determine the dollar amount to be inserted in the Ordinance." Councilmember Mabry made a motion, seconded by Councilmember Horak, to authorize the Mayor to make modifications in the City Manager's employment contract to exclude the $300 per month car allowance provision and include mileage reimbursement at the City's current rate. Yeas: Councilmembers Estrada, Horak, Mabry, Maxey, Stoner, and Winokur. Nays: Councilmember Kirkpatrick. THE MOTION CARRIED. Councilmember Mabry made a motion, seconded by Councilmember Horak, to adopt Ordinance No. 28, 1988 on First Reading inserting the words and figure "seventy-two thousand one hundred dollars ($12,100) per annum". Councilmember Mabry explained that the consensus of Council was that it was more appropriate for the City Manager and perhaps others in the organization to report actual mileage for City business and to be reimbursed for that mileage. Councilmember Horak stated he has never been in favor of car allowances and preferred reimbursement for actual expenses. -428- u E February 16, 1988 Councilmember Kirkpatrick stated given the nature of the City Manager's position, she believed a car allowance was warranted and therefore did not support the first motion made by Councilmember Mabry. Councilmember Winokur stated he also was not in favor of car allowances for public employees and believed all employees should be reimbursed for actual expenses. He expressed a desire to eliminate all car allowances currently given to City employees. Mayor Estrada explained Council's attempt to be more upfront about compensation given to its employees by reimbursing employees for actual expenses. The vote on Councilmember Mabry's motion to adopt Ordinance No. 28, 1988 on First Reading was as follows: Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Mabry, Maxey, Stoner, and Winokur. Nays: None. THE MOTION CARRIED. Other Business Resolution 88-31 Making an Appointment to the CHOICES 95 Parks and Open Space Subcommittee. Tabled to March 1 Following is staff's memorandum on this item: "A vacancy currently exists on the. Parks and Open Space Subcommittee due to the resignation of Laurie Klith. The Council liaisons have reviewed the applications on file and will announce the recommendation at the February 16 City Council meeting. In keeping with Council's policy, this recommendation will be tabled until March 1 to allow time for public input." Councilmember Stoner made a motion, seconded by Councilmember Maxey to adopt Resolution 88-31 inserting the name of Joanne Waldo. Councilmember Winokur made a motion, seconded by Councilmember Horak to table Resolution 88-31 to March 1. Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Mabry, Maxey, Stoner, and Winokur. Nays: None. THE MOTION CARRIED. Executive Session Authorized Councilmember Stoner made a motion, seconded by Councilmember Kirkpatrick, to adjourn into Executive Session for the purpose of discussing personnel matters and potential litigation. Yeas: Councilmembers Estrada, 429- February 16, 1988 Kirkpatrick, Mabry, Maxey, Stoner, and Winokur. Nays: Councilmember Horak. THE MOTION CARRIED. At the conclusion of the Executive Session, Council discussed whether an Executive Session would be necessary on February 23 to further discuss water -related legal matters. The consensus was to consider an Executive Session on February 23 after further review of available materials. Adjournment Councilmember Mabry made a motion, seconded by Councilmember Maxey, to adjourn the meeting to 6:00 p.m. on February 23 to consider an Executive Session to discuss water and legal matters. Yeas: Councilmembers Estrada, Kirkpatrick, Mabry, Maxey, Stoner, and Winokur. Nays: Councilmember Horak. The meeting adjourned at 9:45 p.m. Assistant Mayor A.TTEST: City tt�y Clerk -430- a