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HomeMy WebLinkAboutMINUTES-01/06/1998-RegularJanuary 6,1998 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council -Manager Form of Government Regular Meeting - 6:00 p.m. A regular meeting of the Council of the City of Fort Collins was held on Tuesday, January 6, 1998, at 6:00 p.m. in the Council Chambers of the City of Fort Collins City Hall. Roll Call was answered by the following Councilmembers: Azari, Byrne, Kneeland, Mason, Smith and Wanner. Councilmembers Absent: Bertschy. Staff Members Present: Fischbach, Krajicek, Eckman. Citizen Participation Yolanda C. Nicely, Pleasant Grove Trailer Court, supported truckers and spoke oftheir contributions to the U.S. economy. Al Baccili, 520 Galaxy Court, opposed the recent room rental rate increases at the Senior Center. Citizen Participation Follow -Up Councilmember Byrne asked the City Manager for information on the status of the Senior Center room rental rate increases. City Manager Fischbach replied that the percentage of increase was rolled back and staff is further studying the room rental rates. Staff will present its findings to the Finance Committee in the near future. Councilmember Byrne asked that Item No. 10, Second Reading of Ordinance No. 199, 1997, Authorizing a Lease Agreement Between the City and Twice the Ice, Inc., for the Use of Certain City Property at EPIC for the Sale ofAdvertising Space, be withdrawn from the Consent Agenda. Agenda Review City Manager John Fischbach stated there were no changes to the Agenda as published. CONSENT CALENDAR Consideration and approval of the regular meeting minutes of October 21, November 4, the adjourned meeting of October 28 1997 and General Improvement District Meeting minutes of October 21, 1997. 246 January 6, 1998 8. Second Reading of Ordinance No. 197, 1997, Appropriating Prior Year Reserves in the Capital Projects Fund and Authorizing the Transfer of Appropriations Between Capital Projects for the Purpose of Providing Additional Funds for the Choices 95 Timberline Extension Capital Project. Prior to Kiewit's November 11 bid, cost projections indicated that the Timberline project would require an appropriation of an additional $1,190,000. As a result of Kiewit's bid, the additional amount needed has been reduced by $300,000. Engineering staff, Kiewit, and the independent estimating consultant met prior to the bid to examine possible cost reductions. Through this process, the group discovered many cost reductions that could result from better construction methods, and more cost effective materials, as well as opportunities to reduce subcontractor costs. Staff believes that Kiewit's bid is very competitive and that Kiewit will construct a high quality project. Kiewit Wester is currently putting forth every effort to open Timberline Road ahead of the scheduled Fall `98 completion. This Ordinance, which was unanimously adopted on First Reading on December 16, 1997, appropriates an additional $890,000 for the construction of the Choices 95 Timberline Extension Project. 9. Second Reading of Ordinance No. 198, 1997, Authorizing the Sale of a 2.5 Acre Portion of the City Streets Site on East Vine Drive to the Colorado Department of Transportation. In 1993 the City purchased a 32-acre site at Vine and Lemay for use as offices, fleet maintenance, garages, and equipment storage for the Streets Department. Transportation Fund reserves paid for all property acquisition and HUTF moneys pay for debt service payments for improvements. The 2.5 acres being sold to CDOT are currently leased to Advanced Drainage Systems for storage of plastic pipe and equipment which is moving to another location. The City's acquisition of right-of-way from CDOT for Redwood is necessary to expand the roadway to collector status and to connect Redwood to Linden Street as shown on the Master Street Plan. CDOT wants to purchase the City property for a new maintenance facility, which is compatible with the Streets Department facility usage. The Streets Department and CDOT will continue to share ice slicer/sand/salt storage facilities and materials at this location. This Ordinance was unanimously adopted on First Reading on December 16, 1997. 10. Second Reading of Ordinance No. 199, 1997, Authorizing a Lease Agreement Between the City and Twice the Ice, Inc., for the Use of Certain City Property at EPIC For the Sale of Advertising Space. As described in Building Community Choices approved by voters, a second sheet of ice is to be constructed. The estimated cost (in 1996 dollars) is $3.2 million. $2.5 million is to come from the one -quarter cent sales tax that was extended by the voters in April, 1997, and 247 January 6, 1998 the balance of approximately $700,000 (or 22%) is to be provided by Twice the Ice, a private fundraising group. This Ordinance, which was unanimously adopted on First Reading on December 16, 1997, authorizes the City to enter into an Agreement with Twice the Ice to grant to the group the right to use the ice resurfacer and designated sections of the dasher boards at the City's Edora Pool Ice Center for the installation of advertising, which Twice the Ice will arrange, to raise funds for a second sheet of ice at EPIC. Under Section 23-114 of the City Code the Council is authorized to lease any interests in real property owned in the name of the City, provided that Council first finds that the lease is in the best interests of the City. 11. Second Reading of Ordinance No. 200, 1997, Fixing Ratifying and Affirming a Telephone Exchange Access Facility Charge for the Larimer Emergency Telephone Authority for Wireless Telephone Service. In 1990 the Larimer Emergency Telephone Authority (L.E.T.A.) was created pursuant to Colorado Revised Statute Section 29-11-101 by an intergovernmental agreement between the City of Fort Collins and nineteen other governmental entities in Larimer County. In its most recent regular session, the Colorado legislature enacted Senate Bill 97-132 recognizing the increasing number of wireless telephone service users, and allowing local E-911 boards and their governing bodies to adopt access facility charges for wireless service users in a manner and in an amount consistent with the current telephone exchange access facility charge ($.45 per month). At the most recent L.E.T.A. board meeting, it was decided that in light of the increasing number of wireless telephone users, and the need to identify and locate those calling the E-911 centers, that a telephone exchange access facility charge should be established. Ordinance No. 200, 1997, which was unanimously adopted on First Reading on December 16,1997, will help pay for the new technology needed to locate wireless telephone users who call E-911 centers during emergencies. 12. First Reading of Ordinance No. 1, 1998, Appropriating Unanticipated Revenue in the General Fund for the Police Services Victim Services Team. Fort Collins Police Services, Victim Services Team has been awarded a one-year grant by the Eighth Judicial Victims and Law Enforcement (V.A.L.E.) Board to help fund additional growth for this team. The grant period is from January 1, 1998 to December 31, 1998. The Victim Services Team provides crisis intervention, resource and referral services to victims of violent crime, as well as in other traumatic situations. The Victim Services Team currently utilizes a staff of one paid Victim Services Coordinator, and a team of 17 to 25 volunteer advocates. Because of the growth of the program and the need to ensure consistent and quality services to the citizens of Fort Collins, the addition of a part-time paid victim advocate is needed. NIL January 6, 1998 These grant monies have been awarded for the salary for a part-time, 20 hours per week, victim advocate ($13,440). Duties of this position include providing direct crisis intervention services for victims of crime, follow-up with victims while the criminal investigation is on -going, assuring that victims of crime are provided information, and resource and referral information. 13. First Reading of Ordinance No. 2, 1998, Appropriating Unanticipated Revenue and Prior Year Reserves in the General Fund for the Radon Program. This Ordinance appropriates $45,215 in unanticipated revenue and prior year reserves in the General Fund for the Radon Program. The funds come from grant monies from the Colorado Department of Public Health and Environment (CDPHE) Radiation Control Division and 1997 revenue received from the sale of radon test kits. The funds will be used to continue the radon education, testing, and mitigation programs. 14. First Reading of Ordinance No. 3, 1998, Appropriating Unanticipated Grant Revenue in the Transit Services Fund to Be Used to Fund Specialized Transit Services in Non -Urbanized Areas. Colorado Department of Transportation (CDOT) offers a Section 5311 grant to fund specialized transportation in nonurbanized areas. In the past, Larimer County has written and administered this grant for services throughout the County. To ensure that existing transportation services continue to be funded, Transfort would act as administrator of this grant. Grant recipients include Dial -A -Ride, Fox Trot, Loveland SAINT, Berthoud and Estes Park. 15. First Reading of Ordinance No. 4, 1998, Amending Certain "Sunset" Provisions Pertaining to the Land Development Guidance System. During the years leading up to the development and adoption of the City's Land Use Code, the City Council approved a series of changes in its land use regulations. During those years, principally from 1994 through 1996, the Council, at various times, amended the City's "Land Development Guidance System" so as to better address the concerns that had been identified during those years regarding the development of land. As a part of those amendments to the Land Development Guidance System, the Council determined that the imposition of a "sunset" or expiration of the application of such amendments would serve as a catalyst and a motivation for the City to move forward diligently with the development of the City Plan and corresponding Land Use Code. As a part of the implementation of the City Plan through the Land Use Code, the Council also adopted Ordinance No. 161, 1995, which allows for the continued processing of certain applications under the Land Development Guidance System. The continued processing of 249 January 6, 1998 certain limited projects under the Land Development Guidance System creates the need for the elimination of the "sunset" provisions that were established as a part of certain amendments that the Council enacted during the years 1994,1995 and 1996. The Ordinance that is proposed for Council's adoption repeals sunset provisions of Ordinances 114, 1994, and 161, 1995, and 2, 1996, "nunc pro tune", meaning that the repealing of those sections will relate back to the original date of adoption of those ordinances. 16. Resolution 98-1 Adopting the Three -Mile Plan for the City of Fort Collins. Colorado. The Three -Mile Plan for the City of Fort Collins, Colorado, is a policy document that complies with the regulations put forth in the Colorado Revised State Statutes. Section 31- 12-105 of C.R.S., dealing with annexations, requires that cities complete a plan within three miles in any direction from any point of such municipal boundary. 17. Resolution 98-3 Authorizing the City Manager to Enter Into a Grant Agreement with the State Board of the Great Outdoor Colorado Trust Fund for the Restoration of Sheldon Lake at City Park. The restoration of Sheldon Lake at City Park involves creating wetlands to purify stormwater run-off entering the lake. The project will also improve the water quality of the lake by installing an aeration system in the lake bottom. The shoreline will be planted with vegetation to stabilize the banks and correct erosion problems. A new sidewalk will be installed along the east side of the lake for improved access around the lake. Environmental and historical signage will be installed to educate the public about the values of wetlands and the history of the Lake. In addition to the State grant award for the project, the City has received $3,100 in private contributions and the Larimer County Youth Corps will also be contributing labor for the project next summer. The Youth Corps will be working on the wetlands and shoreline improvements. 18. Resolution 98-4 Changing the Name and Certain Functions of the Council Public Access Committee to the Utilities and Technology Committee and Appointing Councilmember Scott Mason as a Member of Said Committee, Replacing Mayor Ann Azari. In 1991, the Council formed a Public Access Committee to enhance the amount and quality of information available to citizens and to provide reasonable access to that information. The Committee is recommending that the name and certain functions of the committee be changed to better fit the present and future issues surrounding public access. 250 January 6, 1998 In May of 1997, Council adopted Resolution 97-65, which appointed Mayor Azari as a member of the Public Access Committee. Mayor Azari has requested that Council appoint another Councilmember in her place on this committee, and Councilmember Scott Mason has agreed to serve. This Resolution changes the name of the Public Access Committee to the Utilities and Technology Committee and amends the functions of the committee. The Resolution also appoints Councilmember Scott Mason to replace Ann Azari on the Committee. 19. Resolution 98-5 Making Anoointments to Various Boards and Commissions. This Resolution makes appointments to various boards and commissions to fill vacancies due to resignations of board members. A vacancy currently exists on the Community Development Block Grant Commission due to the resignation of Tom Hartmann. Councilmembers Wanner and Bertschy reviewed the applications on file and are recommending William Steffes to fill the vacancy with a term to begin immediately and to expire June 30, 2001. A vacancy currently exists on the Liquor Licensing Authority due to the resignation of Jun Xing. Applications were solicited and interviews were conducted by Councilmembers Smith and Mason. The Council interview team is recommending Andy Morris to fill the vacancy with a term to begin immediately and to expire June 30, 2001. A vacancy currently exists on the Transportation Board due to the resignation of Paul Valentine. Councilmembers Byrne and Mason reviewed the applications on file and are recommending Heather Trantham to fill the vacancy with a term to begin immediately and to expire June 30, 1998. 20. Routine Deeds and Easements. A. Deed of Easement from Wintergreen Homes VI, LLC to install electric system for future subdivision, located at Richards Lake. Monetary consideration: $10. B. Deed of Easement from First Free will Baptist Church to install 10' x 10' vault and a portion of an underground electric duct bank, located at 320 West Trilby. Monetary consideration: $3150. C. Quit Claim Deed from Geneva Homes, Inc., for a detention pond, Tract A of Sunstone Village 8th Subdivision, PUD. Storm Drainage will accept responsibility for maintenance. Monetary consideration: $10. 251 January 6, 1998 Items on Second Reading were read by title by City Clerk Wanda Krajicek. Second Reading of Ordinance No. 197, 1997, Appropriating. Prior Year Reserves in the Capital Proiects Fund and Authorizing the Transfer of Appropriations Between Capital Projects for the Purpose of Providing Additional Funds for the Choices 95 Timberline Extension Capital Project. 9. Second Reading of Ordinance No. 198, 1997, Authorizing the Sale of a 2.5 Acre Portion of the City Streets Site on East Vine Drive to the Colorado Department of Transportation. 10. Second Reading of Ordinance No. 199, 1997, Authorizing a Lease Agreement Between the City and Twice the Ice, Inc.. for the Use of Certain City Propertv at EPIC For the Sale of Advertising Space. 11. Second Reading of Ordinance No. 200, 1997, Fixing, Ratifying and Affirming a Telephone Exchange Access Facility Charge for the Latimer Emergency Telephone Authority for Wireless Telephone Service. Items on First Reading were read by title by City Clerk Wanda Krajicek. 12. First Reading of Ordinance No. 1, 1998, Appropriating Unanticipated Revenue in the General Fund for the Police Services Victim Services Team. 13. First Reading of Ordinance No. 2, 1998, Appropriating Unanticipated Revenue and Prior Year Reserves in the General Fund for the Radon Program. 14. First Reading of Ordinance No. 3, 1998, Appropriating Unanticipated Grant Revenue in the Transit Services Fund to Be Used to Fund Specialized Transit Services in Non -Urbanized Areas. 15. First Reading of Ordinance No. 4, 1998, Amending Certain "Sunset' Provisions Pertaining to the Land Development Guidance System. Councilmember Smith made a motion, seconded by Councilmember Wanner to adopt and approve all items not withdrawn from the Consent Agenda. Yeas: Councilmembers Azari, Byrne, Kneeland, Mason, Smith and Wanner. Nays: None. 252 January 6, 1998 Staff Reports CPES Director Greg Byrne gave a report on the joint study session to be held Monday, January 12, 1998, in the Lincoln Center Columbine Room at 6:30 p.m. He stated representatives of Larimer County, City Council, Planning and Zoning Board and County Planning will attend this study session. Items to be considered include: - the Urban Growth Area Intergovernmental Agreement; - transferrable development rights; and - the Fossil Creek Area Plan. Councilmember Reports Councilmember Smith gave an update and summary of the transportation projects submitted to the MPO by the various agencies as part of the North Front Range 2020 Regional Transportation Plan. Councilmember Warmer reported on the recent Finance Committee meeting. Councilmember Kneeland reported that the Health and Safety Committee had received an update on the status of the proposed human rights ordinance and had discussed the proposed Citizen Review Board. Mayor Azari reported on the activities planned for the celebration of Martin Luther King Day. Ordinance No. 199,1997 Authorizing a Lease Agreement Between the City and Twice the Ice, Inc., for the Use of Certain City Property at EPIC For the Sale of Advertising Space, Adopted on Second Reading. The following is staff s memorandum on this item. "Executive Summary As described in Building Community Choices approved by voters, a second sheet of ice is to be constructed. The estimated cost (in 1996 dollars) is $3.2 million. $2.5 million is to come from the one -quarter cent sales tax that was extended by the voters in April, 1997, and the balance of approximately $700, 000 (or 22%) is to be provided by Twice the Ice, a private fundraising group. This Ordinance, which was unanimously adopted on First Reading on December 16, 1997, authorizes the City to enter into an Agreement with Twice the Ice to grant to the group the right to use the ice resurfacer and designated sections of the dasher boards at the City's Edora Pool Ice Center for the installation of advertising, which Twice the Ice will arrange, to raise funds for a 253 January 6, 1998 second sheet of ice at EPIC. Under Section 23-114 of the City Code the Council is authorized to lease any interests in real property owned in the name of the City, provided that Council first finds that the lease is in the best interests of the City. " Director of Cultural, Library and Recreational Services Mike Powers gave a staffpresentation on this item and introduced Co-chairs Jodee Loury and Andrea Fawcett of Twice the Ice. He commented on why the City has avoided advertising at the Epic Center in the past. He responded to Council questions stating the advertising would exclude alcohol and cigarettes ads and clarified the City has the final decision regarding the types of advertising. Councilmember Kneeland spoke of the need to be proactive in determining the types ofproducts and services the City would be promoting. Councilmember Smith expressed concerns regarding future businesses and/or organizations requesting the use of City facilities for advertising purposes. City Manager John Fischbach did not believe that people would be requesting advertising space and stated the City has not been inundated with requests for advertising as a result of allowing advertising on bus benches. Powers responded to Council comments reporting all revenues would be given to the City and Twice the Ice would in no way profit from the sale. Councilmember Byrne made a motion, seconded by Councilmember Warmer, to adopt Ordinance No. 199, 1997 on Second Reading. Yolanda C. Nicely, Pleasant Grove Trailer Park, questioned the effectiveness of the advertising. Brian Arey, President of Northern Colorado Youth Hockey, supported the motion and spoke the serious shortage of ice time available. John Walker, attorney 416 West Oak, expressed concerns that the City is giving away its right to raise advertising revenue to a non-profit organization. Eric Sonness, Vice-president of Northern Colorado Youth Hockey, urged Council to support the motion and spoke of the need for an additional ice rink. Jodee Loury, President of Twice the Ice, supported the motion, stating it is an important step in fund raising efforts for a new rink. She presented Council with 300 signatures in support of advertising and spoke of various fund raising measures in addition to this program. 254 January 6, 1998 Al Baccili, 520 Galaxy Court, concurred with comments by Mr. Walker Councilmember Byrne responded to comments made by Mr. Walker, and clarified Twice the Ice would be handling the marketing and securing advertising. Councilmember Mason emphasized it was not Council's intent to "open the door" to advertising at other City facilities and spoke of the need to use caution regarding the type of advertising allowed. Councilmember Kneeland supported the motion. She supported the efforts of public/private partnerships and spoke of the need to maintain a pleasant visual environment as it relates to advertising. Assistant City Attorney Paul Eckman spoke of various legal restrictions on advertising and regulations that could be imposed on types of advertising. He suggested including a provision in the Agreement allowing the City to terminate the agreement at any time and without cause. The vote on Councilmember Byrne's motion was as follows: Yeas: Councilmembers Azari, Byrne, Kneeland, Mason, Smith and Wanner. Nays: None. THE MOTION CARRIED. Councilmember Smith supported the motion but expressed uneasiness that the Agreement has not been reviewed by Council. He suggested implementing a process to receive input from citizens regarding advertising and stated he would like to review this issue after one year to see if it should continue. Mayor Azari stated Council made a decision to support the efforts of the Twice the Ice Committee. The vote on Councilmember Byrne's motion was as follows: Yeas: Councilmembers Azari, Byrne, Kneeland, Mason, Smith and Wanner. Nays: None. THE MOTION CARRIED. Other Business Councilmember Byrne requested a 2-page memo regarding the status and the schedule of the Master Drainage Plans and alternatives for funding options. 255 January 6, 1998 City Manager John Fischbach requested Council consider adjourning into Executive Session on January 13, 1998 to discuss potential legal issues relating to property acquisition. Councilmember Smith made a motion, seconded by Councilmember Kneeland, to adjourn to 7:30 p.m. on January 13, 1998 to discuss property acquisition. Yeas: Councilmembers Azari, Byrne, Kneeland, Mason, Smith and Wanner. Nays: None. THE MOTION CARRIED. The meeting adjourned at 7:25 p.m. ATTEST: . IaLk - % h City Clerk 256