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HomeMy WebLinkAboutMINUTES-04/21/1998-RegularApril 21,1998 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, April 21, 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, Bertschy, Byrne, Kneeland, Mason, Smith and Wanner. Nays: None. Staff Members Present: Fischbach, Krajicek, Roy. Citizen Participation Lou Lachman, 1212 Raintree Drive, thanked Councilmember Smith for his participation with the BASH program, and stated the program has been a success and gave special thanks to all the volunteers. He commended staff for listening to the concerns of AARP and taking action regarding reducing room rental rates at the Senior Citizen Center. Kelly Ohlson, 2040 Bennington Circle, expressed concerns regarding the previously adopted Building Community Choices Ordinance No. 29, 1997, and expressed concerns regarding how overages were being spent. He spoke of his frustration with the Land Use Code. Citizen Participation Follow-up Councilmember Mason responded to Mr. Ohlson stating that a meeting would be held on April 28 to discuss Ordinance No. 29, 1997 and natural areas funding. He stated staff would be working with the Finance Committee to review overage allocations in upcoming years. Councilmember Bertschy thanked Mr. Lachman and Councilmember Smith for their work with the BASH Program. Agenda Review City Manager John Fischbach reported that Item #36, Items Related to Intergovernmental Agreements Regarding Fees in Lieu of Land Dedication for School Sites, was amended and included in Council's "Read Before the Meeting" folder. ME April21, 1998 Councilmember Mason requested that Item #26, Resolution 98-68 Authorizing the City Manager to Enter into a Park Development Agreement with the Geological Society of America., be withdrawn from the Consent Agenda. CONSENT CALENDAR Consideration and approval of the regular meeting minutes of February 17 and March 3, 1998. 8. Second Reading of Ordinance No. 50, 1998, Appropriating Unanticipated Pilot Revenue From the Fort Collins Housing Authority in the General Fund. The Fort Collins Housing Authority (the "Authority") made a payment of $18,065 to the City from its 1996 budget as a "Payment in Lieu of Taxes" ("PILOT") for public services and facilities. The Authority annually requests that the City refund the money "...to again fund sorely needed affordable housing related activities, to attend the low-income housing needs of Fort Collins residents." Resolution 92-93 reinstated the City's requirement that the Authority make the annual PILOT payments to the City. The purpose of the Resolution was to clarify that these funds are the property of the City and not excess Housing and Urban Development ("HUD") funds. The City may spend the PILOT revenues as it deems appropriate in accordance with law, including remitting the funds to the Authority if the Council determines that such remittal serves a valid public purpose. The Council has remitted the PILOT to the Authority annually since 1992. Ordinance No. 50, 1998 was unanimously adopted on First Reading on April 7, 1998. 9. Second Reading of Ordinance No. 51, 1998, Appropriating Prior Year Reserves in the Transportation Services Fund to be Used for Lease Purchase Payments For Control Access Parking Equipment. The 1996 Downtown Parking Plan included several action items designed to address downtown parking needs through the year 2015, to improve the management and operation of the current system of public parking, and to identify methods to fund both existing and future improvements. One of those action items was to convert the existing parking garage to a controlled access facility with an attendant to collect fees based on flexible hourly rates. The intent is to improve patron safety and promote a more effective use of the total parking supply. Ordinance No. 51, 1998 was unanimously adopted on First Reading on April 7, 1998. 405 April21, 1998 10. Second Reading of Ordinance No. 52 1998 Accenting a Donation and Appropriating iating Unanticipated Revenue from an Anonymous Donor for the Continuation of the LINC (Library Information Networking a Community) Program. Through the facilitation of the Community Foundation serving northern Colorado, an anonymous donation of $100,000 has been made jointly to the Fort Collins Public Library and the Poudre School District to enable the continuation of the LINC (Library Information Networking a Community) program. Ordinance No. 52, 1998 which was unanimously adopted on First Reading on April 7, 1998, accepts the donation and appropriates the revenue for the continuation of the LINC Program. 11. Second Reading of Ordinance No. 53, 1998, Authorizing the Grant of an Option to Lease 132 Troutman Parkway through May 31, 2000, to the Salvation Army. The City entered into a lease in January 1995 to obtain space for the Mini Library, which was the City's first library in south Fort Collins. The Mini Library was built according to City requirements in a very successful location on Troutman Avenue just north of the Target Store. The City entered into a five-year lease commitment that started in June 1995 and ends May 31, 2000. With the opening of the Harmony Library, the staff and collection from the Mini Library has moved to the new facility. The Mini Library space has been vacated since mid -February. The City has been seeking a sub -tenant for the Mini Library space since last fall and has listed the property with Realtec, a local commercial real estate service. Realtec has secured the Salvation Army as a tenant for the Mini Library space. The Salvation Army intends to use this space as a thrift store and has committed to a six-month lease with an option to renew for the remainder of the City's lease term. The Salvation Army will be required to decide whether to exercise its option to renew within 90 days after taking possession of the property. Ordinance No. 53, 1998, was unanimously adopted on First Reading on April 7, 1998. 12. Second Reading of Ordinance No. 54, 1998, Authorizing the Purchasing Agent to Enter into an Agreement for the Lease -Purchase Financing of Equipment. Ordinance No. 54, 1998, which was unanimously adopted on First Reading on April 7, 1998, authorizes the Purchasing Agent to enter into a lease -purchase financing agreement with Safeco Credit Company at 5.14% interest rate. The agreement will be for an original term from the execution date of the agreements to the end of the current fiscal year. The agreement provides for renewable one-year terms thereafter, to a total term of seven years, subject to annual appropriation of funds needed for lease payments. The total lease terms, including the original and all renewal terms, will not exceed the useful life of the property. This lease -purchase financing is consistent with the City's financial policies. Im April21, 1998 13. Second Reading of Ordinance No. 55, 1998, Authorizing the Transfer of Appropriations Between the Ridgeview Park Project in the Neighborhood Parkland Fund to the Art in Public Places Program in the Cultural Services and Facilities Fund The park is a 13-acre neighborhood park just south of Harmony Road and west of College Avenue. In connection with the ongoing design of Ridgeview Park, City staff has proposed to use $4,664 to hire an artist to work with the design team. The artist would assist the design team in incorporating artistic elements and works of art into the design and materials for the park. At its January 15, 1998 meeting, the Art in Public Places Board approved this means for incorporating works of art in the Ridgeview Park project, and determined that it meets the Art in Public Places Guidelines. Ordinance No. 55, 1998 was unanimously adopted on First Reading. 14. Second Reading of Ordinance No. 56, 1998, Authorizing the Transfer of Appropriations Between the Timberline Extension Capital Project and the Art in Public Places Pro rg am in the Cultural Services and Facilities Fund. Council approved an additional $890,000 to the Timberline Road project on January 6, 1998. The (I%) $8,900 will be transferred to the Art in Public Places Reserve Account in the Cultural Services and Facilities Fund. The additional money will enable the artist, Robert Tully, to expand his art project at Timberline Road. Ordinance No. 56, 1998 was unanimously adopted on First Reading on April 7, 1998. 15. Second Reading of Ordinance No. 57 1998 Appropriating Prior Year Reserves in the Transportation Services Fund to be Used for the Traffic Signal Timing Project Ordinance No. 57, 1998, which was unanimously adopted on First Reading on April 7, 1998, appropriates $60,000 which had been held in the Transportation Fund reserves for expenditure on the proposed Traffic Signal Timing project. The remainder ($892,295) has been appropriated for expenditure in 1998 or will be held in fund reserves to be appropriated for their designated use at a later date. 407 April21, 1998 16. Second Reading of Ordinance No. 58, 1998, Authorizing the Grant of an Easement Under City -Owned Propertyay Park North Ballfield to Sprint Spectrum L.P., for the Location of Telecommunications Lines Associated with Sprint's Antenna Equipment and Related Facilities. Sprint Spectrum L.P. (doing business as Sprint PCS) through its agent, SBA, Inc., is working with the Parks Division to erect an antenna at the City Park North Ballfield. The lease agreement for the antenna has been approved and signed by the City. However, there was an access problem with the telephone line in the previously proposed location and Sprint Spectrum L.P. was not able to use the original utility easement that was approved by Council with the lease on second reading of Ordinance No. 14, 1998, on February 17, 1998. Ordinance No. 58, 1998, was unanimously adopted on First Reading on April 7, 1998 and gives Sprint Spectrum L.P. access to another telephone location on the east side of the North City Park Ballfield parking lot. 17. Items Relating to the Mountain View School Annexation and Zoning A. Resolution 98-64 Setting Forth Findings of Fact and Determinations Regarding the Mountain View School Annexation. B. First Reading of Ordinance No. 60, 1998, Annexing Property Known as the Mountain View School Annexation. C. First Reading of Ordinance No. 61, 1998, Amending the Zoning District Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Mountain View School Annexation. This is a 100% voluntary annexation and zoning of an area of approximately 1.67 acres in size, located north of LaPorte Avenue, between North Taft Hill Road and North Overland Trail. The property has 335.10 feet of its total boundary length of 1,596.01 feet (21%) contiguous to existing City limits. This exceeds the minimum 266.00 feet required to achieve 1/6th contiguity. The proposed zoning for the Mountain View School Annexation is LMN-Low Density Mixed -Use Neighborhood. The recommended zoning is consistent wituity Plan Principles and Policies for the LMN district, and complies with the designation on the City Structure Plan. APPLICANT: Poudre School District OWNER: Poudre School District M IFl 19. April21, 1998 Items Relating to the Tavelli Elementary School 1st Annexation and Zoning. A. Resolution 98-65 Setting Forth Findings of Fact and Determinations Regarding the Tavelli Elementary School t st Annexation. B. First Reading of Ordinance No. 62, 1998, Annexing Property Known as the Tavelli Elementary School 1 st Annexation. C. First Reading of Ordinance No. 63, 1998, Amending the Zoning District Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Tavelli Elementary School 1 st Annexation. This is a 100% voluntary annexation of an area approximately 0.3 acres in size and is located on North Lemay Avenue, south of County Club Road, consisting of right-of-way along North Lemay Avenue. The property has 150.00 feet of its total boundary length of 898.67 feet (17%) contiguous to existing City limits. This exceeds the minimum 149.78 feet required to achieve t/6th contiguity. The proposed zoning for the Tavelli Elementary School 1 st Annexation is UE-Urban Estate. The recommended zoning is consistent with City Plan Principles and Policies for the Urban Estate district, and complies with the designation on the City Structure Plan. APPLICANT: Poudre School District OWNER: Poudre School District Items Relating to the Tavelli Elementary School 2nd Annexation and Zoning_ A. Resolution 98-66 Setting Forth Findings of Fact and Determinations Regarding the Tavelli Elementary School 2nd Annexation. B. First Reading of Ordinance No. 64, 1998, Annexing Property Known as the Tavelli Elementary School 2nd Annexation. C. First Reading of Ordinance No. 65, 1998, Amending the Zoning District Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Tavelli Elementary School 2nd Annexation. This is a 100% voluntary annexation and zoning of an area approximately 9.25 acres in size and is located on North Lemay Avenue, south of Country Club Road. The existing use of the property is an elementary school. The property has 675.51 feet of its total boundary length of 3,760.52 feet (18%) contiguous to existing City limits. This exceeds the minimum 626.75 feet required to achieve 1/6th contiguity. e April21, 1998 The proposed zoning for the Tavelli Elementary School 2nd Annexation is UE-Urban Estate. The recommended zoning is consistent with City Plan Principles and Policies for the Urban Estate district, and complies with the designation on the City Structure Plan. APPLICANT: Poudre School District OWNER: Poudre School District 20. Items Relating to the Schaulin Annexation and Zoning A. Resolution 98-67 Setting Forth Findings of Fact and Determinations Regarding the Schaulin Annexation. B. First Reading of Ordinance No. 66, 1998, Annexing Property Known as the Schaulin Annexation. C. First Reading of Ordinance No. 67, 1998, Amending the Zoning District Map of the City of Fort Collins and Classifying for Zoning Purposes the Property included in the Schaulin Annexation. This is a voluntary request to annex and zone a total of 4.87 acres (including East Lincoln Avenue right-of-way) located approximately 1000 feet east of Lemay Avenue; between East Lincoln Avenue and East Magnolia Street. The subject property consists of two adjacent parcels. The western parcel is 2.05 acres in size and is currently zoned I-1, Industrial in Latimer County. The eastern parcel is approximately 2.82 acres in size and is currently zoned I, Industrial in Latimer County. The petitioner requests that the subject property be zoned I, Industrial in the City of Fort Collins. The applicant has entered into a pre - annexation agreement with the City of Fort Collins. The requested zoning for this annexation is consistent with the City Structure Plan. APPLICANT: Frederick S. Schaulin OWNER: Same as Applicant 215 Block Drive Fort Collins, CO 80524 21. First Reading of Ordinance No 68 1998 Appropriating Unanticipated Revenue and Prior Year Reserves in the Transportation Services Fund to be used for the SMART Trips Transportation Demand Management Program. The grant monies from the Colorado Department of Transportation and the Transportation Services Fund Reserves will be used in the regional and local transportation demand management programs for marketing, education and awareness -raising of the benefits of using alternative transportation. The International Council on Local Environmental Initiatives dollars, along with the matching contributions from Hewlett-Packard and State Farm, will be transferred to the VanGo Vanpool program. These monies will be used by 410 April21, 1998 VanGo to operate two regional on -demand commuter shuttles. One will provide commuter service for residents of Loveland that work at the Hewlett-Packard site in Greeley, while the other will provide service for residents of both Fort Collins and Loveland traveling to the State Farm facility, also in Greeley. 22. First Readine of Ordinance No 70 1998 Authorizing the Long -Term Lease of Property at the Fort Collins -Loveland Municipal Aimort for the Construction of an Aircraft Hangar (Matuska). The Airport Manager has negotiated a twenty-five year lease of property with Dale Matuska for the construction of an aircraft hangar. Mr. Matuska will build a hangar that will provide at least 3,400 square feet of aircraft storage space. At the expiration of the lease the improvements revert to the ownership of the Cities. The construction of the hangar will generate new revenue for the Airport and help meet the aircraft storage needs of local aircraft owners. 23. First Readine of Ordinance No 71, 1998 Authorizing the Long-term Lease of Property at the Fort Collins -Loveland Municipal Airport for the Construction of an Aircraft Haar (the Ro ers). The Airport Manager has negotiated a twenty-five year lease of property with Robert J. Rogers and Robin G. Rogers for the construction of an aircraft hangar. The Rogers will build a hangar that will provide at least 2,000 square feet of aircraft storage space. At the expiration of the lease the improvements revert to the ownership of the Cities. The construction of the hangar will generate new revenue for the Airport and help meet the aircraft storage needs of local aircraft owners. 24. First Reading of Ordinance No. 72, 1998 Authorizing the Mayor to Enter into a Lease Agreement with the United States Forest Service In accordance with previous direction from Council, City staff is in the process of working with the Forest Service to exchange city owned lands (the Rockwell Ranch properties) for Forest Service property under and around Joe Wright Reservoir. It is anticipated that the land exchange will take 12 to 18 months to complete. In the meantime, the Forest Service has requested that the City lease a portion of the Rockwell properties to the Forest Service so it may secure $500,000 in funding for improvements at the campground. 411 April21, 1998 The Forest Service has operated a campground at this site for many years. In 1957, the Forest Service received permission (a one page permit) from Fort Collins and Greeley (at that time the property was jointly owned by both cities) to establish a campground on the site. Since the land ownership of this parcel has recently been conveyed totally to Fort Collins, the previous permit may no longer be considered valid. The Forest Service has requested our assistance in processing the proposed lease so they can secure the needed funding. If the Forest Service waits until the land exchange is complete, they will most likely lose the $500,000 in funding. At its March 26, 1998 meeting, the Water Board unanimously recommended that Council authorize the lease agreement with the Forest Service. 25. First Reading of Ordinance No 73 1998 Authorizing Acquisition by Eminent Domain Proceedings of Certain Lands for the Construction of Harmony Road Duct Bank Project Hewlett-Packard Company is one of Light and Power's largest customers, and is in the process of a major expansion that will result in approximately doubling its electric demand. In order to meet this need, the Utility must install a multi -circuit underground electric facility from the substation at Harmony at the Union Pacific Railroad , east to the HP site. Due to prohibitive obstacles on the north side of Harmony Road, the majority of this system must be on the south side, which will involve crossing five properties. Hewlett-Packard requires this electric service to be installed and energized by no later than November 1, 1998. By agreement, HP will pay 2/3 of the conduit/vault system (1/3 of conduits are for future southeast quadrant utility needs), and 100% of the four circuits to be installed. Negotiations with the property owners is ongoing and staff anticipates an agreement with all parties with the possible exception of Imago Enterprises, Inc. It is hoped that a negotiated settlement can be reached with Imago; however this authorization will allow the City to begin condemnation proceedings if the negotiations are not successful. The property owner understands that the City is taking this action and that staff will continue the current good faith negotiations to acquire the property. 26. Resolution 98-68 Authorizing the City Manager to Enter into a Park Development Agreement with the Geological Society of America In addition to the partnership with Colorado State University, and Colorado State Parks on the Environmental Learning and Welcome Center, staff has been working with the non-profit Geological Society of America (GSA is headquartered in Boulder) on yet another exciting concept. GSA has proposed the development of a two -acre Rock Park or Geological Gardens adjacent to the ELC/Welcome Center. The GSA would raise the funds necessary to develop the two -acre parcel on the northern portion of the City's Resource Recovery Farm. The City will retain ownership of the site at all times. The site will be designed in such a way that will 412 April21, 1998 enable the Rock Park to share automobile, bicycle, RV parking and future transportation options with the ELC/Welcome Center. 27. Resolution 98-69 Approving the Request for Non -government Regular Colorado License Plates on City Vehicles Assigned to the Chief of Police and the City Manager. The state and the county now require that the governing body of a municipality approve of the issuance of regular, non -governmental license plates for City vehicles. This Resolution is intended to satisfy this requirement so that the City vehicles assigned to the Chief of Police and the City Manager can obtain such license plates. There is no additional charge for these plates. 28. Resolution 98-70 Making an Appointment to the Platte River Power Authority Board of Directors. The Platte River Board of Directors is comprised of two representatives from each of the four member cities. The Mayor (or Mayor's designate) fills one slot and the second representative is appointed by the Council. On January 20, 1998, the Council adopted Resolution 98-19 appointing Interim Utility Services General Manager Robert Kost to fill a vacancy created by the resignation of Richard Shannon. As a result of recent restructuring of the City's utilities, Michael Smith has been appointed as Utilities General Manager. The Resolution appoints Utilities General Manager Michael Smith to replace Robert Kost for the term which expires December 31, 2000, or until such appointment is changed by the Council. 29. Resolution 98-71 Affirming an Appointment to the Youth Advisory Board A vacancy currently exists on the Youth Advisory Board (Team Fort Collins appointee) due to the resignation of Lupe Quintero. The Youth Leadership Committee of Team Fort Collins is recommending Ki Shih to fill this vacancy. This Resolution affirms the appointment of Ki Shih to fill said vacancy with a term to begin immediately and to expire June 30, 2000. 30. Resolution 98-72 Making Appointments to the Multicultural Commission Vacancies currently exist on the Multicultural Commission due to the resignation of the City's representatives, David Gordon and Kay Rios. Applications were solicited and interviews were conducted by Mayor Ann Azari and Councilmember Chris Kneeland. The Council interview team is recommending Renita Twerefour and Bob Viscount to fill said vacancies. 413 April21, 1998 31. Postponement of Items Relating to the Lemav Avenue 3rd Enclave Annexation and Zoning The proposed enclave annexation and zoning known as the Lemay Avenue 3rd Enclave Annexation and Zoning was scheduled to be addressed at the April 21, 1998, City Council hearing. The item had been postponed from the April 7, 1998, hearing date for which is was originally scheduled to allow for additional discussions with the property owner. A meeting scheduled with the property owner on February 26, 1998, was canceled at the property owner's request. Since the original postponement of this item, staff has been attempting to reschedule this meeting, and thus far has been unsuccessful. As a result of these delays, the proposed annexation and zoning has gone beyond the sixty (60) days in which a hearing must be held. Therefore, it is staff's intention to pursue meetings with the property owner to discuss the annexation and zoning and to return to the City Council at a later date with a new initiating resolution to begin the process. 32. Postponement of Items Relating to the Lincoln Junior High School 1 st and 2nd Annexations and Zonings. The proposed Lincoln Junior High School 1st and 2nd Annexations and Zonings were scheduled to be considered by the Planning and Zoning Board at the April 2, 1998, hearing. At that hearing, the item was placed on the consent agenda and was unanimously approved. Later that evening, affected property owners approached members of the Board concerned that they had not had an opportunity to voice their opposition on the proposed annexations and zonings. As a result, there was a motion to reconsider the item that evening. Since the applicant had already left (as the item had been approved as part of the consent agenda), the Planning and Zoning Board received public testimony and then continued the item to the April 16, 1998, Board hearing. The issues heard during the public testimony reflected the neighbors' concerns that the annexation and zoning results in the creation of an enclave, and thus, would result in their annexation in three (3) years time. In addition, the neighbors questioned the ability of the Poudre School District to annex via a "flagpole" annexation and whether the contiguity requirements had been satisfied. As the item will be heard on the April 16, 1998, Planning and Zoning Board hearing date, staff recommends that the item be postponed to the May 5, 1998, City Council meeting. This postponement will allow staff to summarize the results of the Planning and Zoning Board hearing and recommendation. 414 April21, 1998 33. Routine Easement. A. Deed of Easement from Kelly H. Clifton to underground existing overhead electric services, located at 710 Peterson. Monetary consideration: $10. ***END CONSENT*** Items on Second Reading were read by title by City Clerk Wanda Krajicek. 8. Second Reading of Ordinance No. 50 1998 Appropriating Unanticipated Pilot Revenue From the Fort Collins Housing Authority in the General Fund 9. Second Reading of Ordinance No 51 1998 Appropriating Prior Year Reserves in the Transportation Services Fund to be Used for Lease Purchase Payments For Control Access Parking Equipment. 10. Second Reading of Ordinance No. 52 1998 Accepting a Donation and Appropriating Unanticipated Revenue from an Anonymous Donor for the Continuation of the LINC (Library Information Networking a Community) Pro rg am it. Second Reading of Ordinance No 53, 1998 Authorizing the Grant of an Option to Lease 132 Troutman Parkway through MU 31 2000 to the Salvation Army. 12. Second Reading of Ordinance No 54 1998 Authorizing the Purchasing Agent to Enter into an Agreement for the Lease -Purchase Financing of Equipment. 13. Second Reading of Ordinance No. 55 1998 Authorizing the Transfer of Appropriations Between the Ridgeview Park Project in the Neighborhood Parkland Fund to the Art in Public Places Program in the Cultural Services and Facilities Fund 14. Second Reading of Ordinance No. 56, 1998, Authorizing the Transfer of Appropriations Between the Timberline Extension Ca itap l Project and the Art in Public Places Program in the Cultural Services and Facilities Fund 15. Second Reading of Ordinance No. 57, 1998, Appropriating Prior Year Reserves in the Transportation Services Fund to be Used for the Traffic Signal Timing Project 16. Second Reading of Ordinance No. 58, 1998 Authorizing the Grant of an Easement Under City -Owned Property at City Park North Ballfield to Sprint Spectrum L.P., for the Location of Telecommunications Lines Associated with Sprint's Antenna Equipment and Related Facilities. 415 April21, 1998 Items on First Reading were read by title by City Clerk Wanda Krajicek. 17. Items Relating to the Mountain View School Annexation and Zoning A. Resolution 98-64 Setting Forth Findings of Fact and Determinations Regarding the Mountain View School Annexation. B. First Reading of Ordinance No. 60, 1998, Annexing Property Known as the Mountain View School Annexation. C. First Reading of Ordinance No. 61, 1998, Amending the Zoning District Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Mountain View School Annexation. 18. Items Relating to the Tavelli Elementary School 1 st Annexation and Zoning_ A. Resolution 98-65 Setting Forth Findings of Fact and Determinations Regarding the Tavelli Elementary School 1st Annexation. B. First Reading of Ordinance No. 62, 1998, Annexing Property Known as the Tavelli Elementary School 1 st Annexation. C. First Reading of Ordinance No. 63, 1998, Amending the Zoning District Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Tavelli Elementary School 1st Annexation. 19. Items Relating to the Tavelli Elementary School 2nd Annexation and Zoning_ A. Resolution 98-66 Setting Forth Findings of Fact and Determinations Regarding the Tavelli Elementary School 2nd Annexation. B. First Reading of Ordinance No. 64, 1998, Annexing Property Known as the Tavelli Elementary School 2nd Annexation. C. First Reading of Ordinance No. 65, 1998, Amending the Zoning District Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Tavelli Elementary School 2nd Annexation. 416 April21, 1998 20. Items Relating to the Schaulin Annexation and Zoning_ A. Resolution 98-67 Setting Forth Findings of Fact and Determinations Regarding the Schaulin Annexation. B. First Reading of Ordinance No. 66, 1998, Annexing Property Known as the Schaulin Annexation. C. First Reading of Ordinance No. 67, 1998, Amending the Zoning District Map of the City of Fort Collins and Classifying for Zoning Purposes the Property included in the Schaulin Annexation. 21. First Reading of Ordinance No 68 1998 Appropriating Unanticipated Revenue and Prior Year Reserves in the Transportation Services Fund to be used for the SMART Trios Transportation Demand Management Program. 22. First Reading of Ordinance No. 70, 1998 Authorizing the Long -Term Lease of Property at the Fort Collins -Loveland Municipal Airport for the Construction of an Aircraft Hangar (Matuska). 23. First Reading of Ordinance No 71, 1998 Authorizing the Long-term Lease of Property at the Fort Collins -Loveland Municipal Airport for the Construction of an Aircraft Hangar (the Rogers). 24. First Reading of Ordinance No 72, 1998 Authorizing the Mayor to Enter into a Lease Agreement with the United States Forest Service 25. First Reading of Ordinance No. 73, 1998 Authorizing Acquisition by Eminent Domain Proceedings of Certain Lands for the Construction of Harmony Road Duct Bank Project 36. First Reading of Ordinance No. 74, 1998 Amending Chapter 7.5 of the City Code so as to Add a New Article III Pertaining to Fees in Lieu of Land Dedication for School Site Acquisition PuLposes. 37. First Reading of Ordinance No. 75 1998 Appropriating Unanticipated Revenue in the Community Development Block Grant Fund. 38. First Reading of Ordinance No. 76. 1998, Creating a New Division 8 in Chapter 2 of the City Code Entitled Citizen Review Board 39. Emergency Ordinance No. 77, 1998 Reenacting Article II of Chapter 13 of the City Code as it Existed Prior to the Enactment of Ordinance No. 21 1998. 417 April21, 1998 Councilmember Bertschy made a motion, seconded by Councilmember Wanner, to adopted and approve all items not removed from the Consent Agenda. Yeas: Councilmembers Azari, Bertschy, Byrne, Kneeland, Mason, Smith and Wanner. Nays: None. THE MOTION CARRIED. Staff Reports Director of Cultural, Library and Recreational Services Mike Powers introduced Wally Piccone, Manager of Park Planning and Development and commended him for receiving the "National Fellow Award" by the Colorado Parks and Recreation Association. The President of the Colorado Parks and Recreation Association, Carolyn Armstrong and Executive Director of the Colorado Parks and Recreation Association, Barb Wisney presented Piccone with the Award. Councilmember Reports Councilmember Wanner reported the Finance Committee met and discussed the need to change building permit fees to more closely align the fees with the actual cost of conducting an inspection. He reported the Committee discussed private activity bonds and reviewed the applicants for the Manufacturers Use Tax Rebate for 1997. He stated they continued discussions regarding Building Community Choices funding as it relates to Ordinance No. 29, 1997. Councilmember Mason reported the Growth Management Committee met and discussed possible revisions to the Standards and Guidelines for historic properties. Councilmember Kneeland reported the Poudre School District Liaison Committee met and discussed possible sites for Fossil Creek and future school sites and thanked the school district for its flexibility. She thanked everyone involved in the BASH event and spoke of its success. Mayor Azari reported the Organizational Development Committee met and discussed the potential expansion of City Dialogue. She urged all interested citizens to apply for the vacant Boards and Commission positions. She spoke of her recent trip to Germany and of the meetings held regarding education and global economy. April 21, 1998 Items Related to Intergovernmental Agreements Regardine Fees in Lieu of Land Dedication for School Sites Adopted as Amended The following is staffs memorandum on this item. "Financial Impact The proposed ordinance will not have a financial impact on the City of Fort Collins because the fees will be collected on behalf of Poudre and Thompson School Districts. Revenues from the fees will pass through City accounts and will not affect City revenue limits under Article X, Section XX. Executive Summary A. Resolution 98-73 Authorizing the Mayorto Enter into an Intergovernmental Agreement with Poudre School District Regarding Collection of Fees in Lieu of Land Dedication for School Sites. B. Resolution 98- 74 Authorizing the Mayorto Enter into an Intergovernmental Agreement with Thompson School District Regarding Collection of Fees in Lieu of Land Dedication for School Sites. C. First Reading of Ordinance No. 74, 1998, Amending Chapter 7.5 of the City Code so as to Add a New Article III Pertaining to Fees in Lieu of Land Dedication.for School Site Acquisition Purposes. The Poudre and Thompson School Districts ( "the School Districts ") have approached the City to request that the City establish a system for requiring the dedication of land for future school sites, or collecting fees in lieu of these land dedications, when new subdivisions are submitted to the City for approval. Two proposed intergovernmental agreements have been prepared for that purpose. If approved by the Council, they would create a system whereby developers would meet with a representative of the School District in which the development would be located to determine whether a site should be dedicated within the development for a future school or whether, instead, a fee should be paid in lieu of dedication to help defray the cost of'acquiring a larger or more suitable site in another location. If' dedication is required, the site would be reserved for that purpose at the time of subdivision approval, and the dedication of the site would occur prior to the issuance of the first residential building permitfor the development. If fees are required in lieu of dedication, the fees would be collected at the time a building permit is issued. The amount of the fees would be based on a formula which takes into account the number of new students generated by new dwelling units, the capacity of new facilities, and the value of the 419 April21, 1998 land required for the new facilities. The fee in lieu of land dedication will be approximately $484 per dwelling unit in the Poudre School District and $446 per dwelling unit in the Thompson School District. The fee would be different between the districts because of differences in their respective planning standards and land costs. Details of the fee calculations and school district planning standards are included in Exhibits A and B of the Intergovernmental Agreements. The proceeds of the fees would be used for school site acquisition and development andfor capital facilities planning. The School Districts currently have agreements with Larimer County to collect these fees on dwelling units which are constructed in unincorporated Larimer County. These proposed agreements would standardize the fee between development in the City and outside the City. The City of Loveland and Thompson School District also have a similar arrangementfor the collection of fees in lieu of dedication. The School Districts want to have a fee paid in lieu of land dedication because this method would provide them with greater flexibility in acquiring the most appropriate future school sites. They would be able to aggregate fees from several developments to purchase school sites in locations which best meet their planning standards. The fee system would also allow the School Districts to capture the full impact of growth on their need for additional school sites. By collecting fees from all new dwelling units, the districts could assign the cost of purchasing new school sites directly to the new dwelling units which create the demand for new schools. The attached agreements outline the procedures which would be used in collecting the fees. Highlights of the agreements include: • Fees will be calculated based on a formula including such factors as school building capacities, student yield per dwelling unit and the value of land within the school district. Fees and school district planning standards will be reviewed annually and adjusted as needed. Fees will be charged at the time a building permit is issued, unless the school district chooses to exercise its option to request a land dedication from a developer. The fee will be collected for each dwelling unit constructed, including each unit of a multi family development. The fee is the same for single and multi family units. This rate structure is similar to the City's Capital Expansion Fees, except that the Capital Expansion Fees are based on unit size. The School Districts requested a flat fee, similar to Lorimer County and the City of Loveland. All new dwelling units will pay the fee, except those that are exempted as long-term care facilities, group homes, age restricted dwelling units, or replacement or remodeled units. 420 April21, 1998 Fee revenue may only be used by the school districts to acquire and develop school sites and to plan capital facilities; they may not be used to construct school buildings. Fee revenue will be remitted to the school districts on a quarterly basis. " Assistant City Manager Frank Bruno introduced School District Representatives and gave a brief staff presentation on this item. He spoke of how fees are calculated and noted fees and calculations would be reviewed by the school districts regularly to make sure they remain appropriate. City Attorney Steve Roy reported there was a change to the Ordinance and to the Agreements after the agenda was published. He read the changes into the record. District Superintendent Ken Forrest thanked Council for its consideration of the fee. He stated the proposed fees would allow the school district the opportunity to participate in the cost of growth. Chief Planner Ken Waido conveyed concerns expressed by the Affordable Housing Board regarding the Development Impact Fees which helps mitigate the impact of City development fees. He stated the Affordable Housing Board would be presenting Council with a policy position decision for on whether or not to include fees charged by other governmental entities. Diane,Rusey, Joint Planner for the City of Loveland and Thompson School District, reported that the City of Loveland has been collecting fees for approximately two years and urged adoption of the Resolution and Ordinance. City Attorney Steve Roy spoke of the process by which fees would be calculated and collected, stating the school district would provide a fee schedule. He noted in case of an appeal, the City would be responsible for determining the appropriateness of the fees. Councilmember Byrne make a motion, seconded by Councilmember Smith, to adopt Resolution 98- 73. Yeas: Councilmembers Azari, Bertschy, Byrne, Kneeland, Mason, Smith and Wanner. Nays: None. THE MOTION CARRIED. Councilmember Mason made a motion, seconded by Councilmember Bertschy, to adopt Resolution 98-74. Yeas: Councilmembers Azari, Bertschy, Byrne, Kneeland, Mason, Smith and Wanner. Nays: None. THE MOTION CARRIED. 421 April21, 1998 Councilmember Smith made a motion, seconded by Councilmember Mason, to adopt Ordinance No. 74, 1998 on First Reading. Yeas: Councilmembers Azari, Bertschy, Byrne, Kneeland, Mason, Smith and Wanner. Nays: None. THE MOTION CARRIED. Items Relating to the City's Flood Recovery Action Plan Adopted on First Readima The following is staffs memorandum on this item. "Financial Impact The $511, 740 of Community Development Block Grant (CDBG) Disaster Recovery Initiative Funds from the Department of Housing and Urban Development provides money to accomplish certain flood mitigation recovery projects, thereby reducing the demand on the City's General Fund Budget to address such needs. Executive Summary A. Resolution 98-75 Approving The City's Flood Recovery Action Plan and Approving the Allocation of $511,740 of Disaster Recovery Initiative Funds from The Department of Housing and Urban Development's Community Development Block Grant Program. B. First Reading of Ordinance No. 75, 1998, Appropriating Unanticipated Revenue in the Community Development Block Grant Fund. On July 28, 1997, a flash flood hit Fort Collins resulting in the loss of five lives, the loss of 120 mobile homes, and causing over $200 million in damage. On August 1, 1997, President Clinton declared Larimer County a disaster area. The Presidential declaration qualified the communityfor various types of Federal disaster assistance programs. One such program is the Disaster Recovery Initiative Funds from the HUD's Community Development Block Grant (CDBG) Program which provides disaster recovery funds for those flood -related needs which are not met by other Federal programs. On January 28, 1998, HUD announced that the City would receive $511, 740 of Disaster Recovery Initiative Funds. A Flood Recovery Action Plan is required by HUD to access Disaster Recovery Initiative Funds. Since September of 1997, the City's CDBG Commission, City staff, and various agencies and citizens have been working to develop the Flood Recovery Action Plan. The final draft version of'the Plan is being submitted to the Council for its approval. The City's CDBG Commission conducted a public hearing on April 9, 1998, and formulated a recommendation as to how the HUD funds should be used. The projects included in the Commission's recommendation are listed in Resolution 98-75 and include: 422 April21, 1998 $141,000 Ft. Collins Housing Authority - Downpayment Assistance for Via Lopez Project 300,000 City of Fort Collins - Avery Park Detention Pond Improvements 46,740 Neighbor -to -Neighbor - Multi -Family Apartment Acquisition 24,000 City of Fort Collins - Downpayment Assistance Program BACKGROUND: On July 28, 1997, a flash flood estimated to exceed the 500-year flood hit Fort Collins. Five lives were lost, 54 people were injured, two mobile home parks containing 120 units were completely destroyed, about multi family 20 apartments were lost, and thousands of other homes sustained damaged. The flood also damaged many businesses, public facilities, and 25 buildings on the Campus of Colorado State University. Damage estimates exceeded $200 million. On August 1, 1997, President Clinton declared Larimer County a disaster area. In the weeks that followed the flood, tremendous support for flood victims came from the residents of Fort Collins, surrounding communities, and the staffs of State and Federal agencies such as Colorado Department of Local Affairs and the Division of Housing, the Federal Emergency Management Agency (FEMA), the Small Business Administration (SBA), and the Department of Housing and Urban Development (HUD). The Presidential declaration qualified the community for various types of Federal disaster assistance programs. One such program is the Disaster Recovery Initiative Funds from the HUD's Community Development Block Grant (CDBG) Program which provides disaster recoveryfunds for those flood -related needs which are not met by other federal programs. A Flood Recovery Action Plan is required by HUD to access Disaster Recovery Initiative Funds. Since September of 1997, the City's CDBG Commission, City staff, and various agencies and citizens have been working to develop the Flood Recovery Action Plan. The final draft version of the Plan (copy attached) is being submitted to the Council for their approval. HUD's Disaster Recovery Initiative was. funded in June 1997 with an initial appropriation of $500 million. These funds are available for disaster recovery needs which are not met by other federal programs, such as those funded by FEMA. On January 28, 1998, HUD announced that the City would receive $511,740 of Disaster Recovery Initiative Funds. Since January, the City's CDBG Commission, City staff, and various agencies and citizens have been working to determine how to best utilize the available HUD funds. The CDBG Commission conducted a public hearing on February 12, 1998, and formulated a recommendation to the City Council as to how to allocate the HUD funds. Because that recommendation was based on some faulty information, the Commission conducted another public hearing on April 9, 1998, and formulated another recommendation. The projects included in the Commission's recommendation are included in Resolution 98-75 submitted for Council's adoption. 423 April21, 1998 CDBG COMMISSION'S LIST OF RECOMMENDATIONS As indicated above, since September of 1997, the City's CDBG Commission, City staff, and various agencies and citizens have been working to develop the Flood Recovery Action Plan which would identify the specific projects to be allocated HUD funds. The Commission conducted several public hearings on the Plan and on April 9, 1998, met to formulate a recommendation to the City Council (a copy of the Commission's April 9 meeting minutes is attached). At the April 9 public hearing, discussion focused on the following applications: $327,000 City of Fort Collins - Avery Park Detention Pond Improvements 165,000 Ft. Collins Housing Authority - Downpayment Assistance for Via Lopez Project 75,000 CARE Housing - Land Acquisition for the Windtrail Project 70,000 Neighbor -to -Neighbor - Multi -Family Apartment Acquisition 56,000 City of Fort Collins - Downpayment Assistance Program The Commission utilized several criteria to determine priorities in the process to establish its list of recommendations. These criteria were discussed with the Council at a work session conducted in December 1995 and include: HIGHER PRIORITY CRITERIA Leveraging Guideline: The leveraging of private and non federal funds is a very important consideration in making an allocation of CDBG funds. Applicants will be asked to indicate the amount of leveraging, including in -kind services, dollars, and/or labor associated with their CDBG proposal. 2. Acquisition versus Operations Guideline: Acquisition proposals which provide assets to the community will be given greater weight over proposals which are operational in nature. 3. Success Rate Guideline: Applicants who demonstrate continued success in achieving community needs will receive extra consideration forfunding. On the other hand, applicants who have failed to achieve their proposal in a timely manner may not receive additional funding. 424 April21, 1998 4. Ability to Complete the Proposal During a Program Year Guideline: Applicants who provide information indicating a capability to complete their proposal during the program year will receive consideration for funding over applicants whose abilities can be questioned. 5. Meeting Community Needs Guideline: Applicants mustprovide support of their application through some sort ofneeds assessment, preferably through the use of an objective data source, and not rely solely on anecdotal information. An applicant may also submit a service history of projects from other communities. Funding allocations will be made to proposals which meet the greatest community needs. 6. Long -Term Impact Guideline: Applicants whose proposal has additional long-term impacts beyond the specifics of the proposal will receive greater consideration for funding. LOWER PRIORITY CRITERIA 1. Full or Partial Funding Guideline: If funds are not available to support a proposal at the lowest acceptable level, no funds will be granted to the proposal. 2. Competing Projects or Providers Guideline: Applicants will need to demonstrate their proposal is not a duplication of efforts or a duplication of service provision, including administrative, volunteer efforts, and acquired service ability. 3. Alternate Funding Guideline: An applicant will need to discuss what otherfunding sources are available. Full disclosure of available and applied for funds is considered essential, required, and mandatory. The Commission needs to know if the project can continue if CDBGfunds cease to exist. 425 April21, 1998 OTHER CONSIDERATIONS I. Equal Competition Guideline: All proposals are considered equally, there is no preference given to new proposals requesting "seed" money, and likewise, there is no preference given to proposals which were previous recipients of CDBG funds. Continued CDBG.funding from one year to the next is not guaranteed and funding is not a "right" of any applicant. 2. Sequential Grant Limit Guideline: There is no limit to the number of times an applicant may receive funding from the CDBG Program. All applicants are considered equally; however, continued CDBG funding from one year to the next is not guaranteed. After considerable discussion, the Commission formulated the following list of projects: $141,000 Ft. Collins Housing Auth. Downpayment Assistance for Via Lopez Project 300,000 City of Fort Collins Avery Park Detention Pond Improvements 46,740 Neighbor -to -Neighbor Multi -Family Apartment Acquisition 24,000 City of Fort Collins Downpayment Assistance Program The above projects are included in Resolution 98-75, for Council's approval. " Chief Planner Ken Waido gave a staff presentation on this item. Councilmember Byrne made a motion, seconded by Councilmember Wanner, to adopt Resolution 98-75. Gary Vette, 1625 West Elizabeth #B4, representing Avery Park Neighborhood and Association Director of Woodbox Condominiums, spoke of the stormwater impact on West Elizabeth and Avery Park neighborhoods during the July 28, 1997 flood, and requested flood mitigation in the neighborhood of West Elizabeth and Avery Park. Chuck Walrath, 1409 Skyline Drive, representing the Avery Park Neighborhood Leadership Team, spoke of the identified drainage problems and stated funding was not adequate in the Stormwater Utility Program to mitigate the problem in a timely manner. Frank Goss, 1621 Leesdale Court, supported the CDBG's recommendation for the allocation of HUD funds. 426 April21, 1998 Greg McMaster, 1409 Skyline Drive, concurred with comments by previous speakers and urged Council to adopt the Resolution. Stormwater Utility Manager Bob Smith spoke of the improvement plan for the canal importation basin. He spoke of upcoming meetings to discuss financing plans for the basins. The vote on Councilmember Mason's motion to adopt Resolution 98-75 was as follows: Yeas: Councilmembers Azari, Bertschy, Byrne, Kneeland, Mason, Smith and Wanner. Nays: None. THE MOTION CARRIED. Councilmember Mason made a motion, seconded by Councilmember Wanner, to adopt Ordinance No. 75, 1998 on First Reading. Yeas: Councilmembers Azari, Bertschy, Byrne, Kneeland, Mason, Smith and Wanner. Nays: None. THE MOTION CARRIED. Ordinance No. 76, 1998 Creating a New Division 8 in Chapter 2 of the City Code Entitled Citizen Review Board Adopted as Amended on First ReadinE The following is staffs memorandum on this item. "Executive Summary Following the April 1997 City election, the City Council requested that staff prepare a recommendation concerning the possible formation of a Citizen Review Board for police matters. After researching the existing citizen review process that is currently in place through the Human Relations Commission and referencing the past voter defeated initiative pertaining to the creation of a Citizen Review Board, an Ordinance was prepared. To gauge public sentiment, the draft ordinance was distributed to various boards and commissions, interested members of the community and the CSU Criminal Justice Department for review and comment. Based upon comments received, a revised draft was prepared and resubmitted to the above groups for additional review. Additionally, a City Council Study Session was held on October 28, 1997 to discuss the ordinance and to seek Council comments. A final Ordinance has been developed for City Council consideration incorporating some of the suggestions received. The salientfeatures of the Ordinance include: Board: a. Size of Board - 5 members. Review subcommittees of the Board will consist of 3 members and one substitute to review each case. b. Method of Board selection - 427 April21, 1998 • OPTION I - City Council appoints from nominees selected by a committee made up of two City Council members and the City Manager. • OPTION 2 - City Council chooses members - no specified nomination process. C. Term of Board - 4 years. d. Required balanced training - citizen police academy and not less than 4 hours oj' annual training emphasizing community relations and law enforcement in a free society. Board Functions a. Upon request of the City Manager or Chief of Police, make recommendations concerning interpretation of police policies and procedures. b. Review internal investigations where a peace officer is alleged to have used force, discharged a firearm, committed a crime, when a person sustained severe injury, death, or allege their civil rights were violated by a peace officer, or other investigations requested by the City Manager or Police Chief. Use of deadly force would be a mandatory review by the Board even if no complaint is filed. C. Offer review for outside law enforcement agencies operating within the City. d. Make periodic reports to the City Council and City Manager concerning activities and recommendations of the Board. e. More focused board. The Citizen Liaison Program will remain with the HRC. Procedures a. A 45 day time line would be set for most activities, including investigation by the police and review by the board. A 30 extension would be granted upon request. The Police Chief would have 30 days to convey a written decision regarding the merits of the complaint to the complainant and Board. The investigation time line could be tolled by Police Services during the pendency of a criminal charging review by the District Attorney. b. Administrative investigation by Police Services required when: • deadly force is used; • written complaint of officer misconduct is filed. C. Better notice requirements to complainants. d. Complainants to receive assistance in completing complaint. e. Confidentiality would be limited, thereby allowing for more general information, including recommendations resulting from the review, to be made public. f. Provisions have been made for the investigation of the Police Chief. g. Definitions have been added for clarity. The Health and Safety Committee reviewed and discussed the ordinance at its January 15, and February 26, 1998 meetings. The main topic of deliberation focused around the method of selection of the Board members. After consideration, a majority of the Health and Safety Committee April21, 1998 recommended Council adoption of Option 1 of the Ordinance (Council appointmentfrom nominees selected by two Councilmembers and the City Manager). At the Human Relations Commission meeting of April 9, 1998, members of the Commission suggested that staff consider a change to the draft ordinance which would allow Police Services to toll the administrative investigation time line during the time when the DistrictAttorney's Office or other governmental prosecution entity was actively considering criminal charges against an officer. Staff believes that this suggestion should be included in the draft ordinance and it has been inserted at section 2-140(k) of the attached ordinance even though the Health and Safety Committee has not had the opportunity to review this subsection. This provision will help ensure that the administrative investigation does not interfere with or compromise a parallel criminal investigation." Chief of Police Dennis Harrison gave the staff presentation on this item. He reported staff is recommending Option 1 and responded to Council questions. LeRoy Gomez, 3213 Sharp Street, representing the Citizens Police Review Committee, requested Council consider the addition of subpoena power and an independent investigator to the Citizens Police Review Board. He stated it would give credibility to the Board and noted other cities have these additions in place. He thanked the Chief for all his efforts in working with the Committee. Brian Carroll, 728 Cherokee, representing the Human Relations Commission spoke in support of staff's recommendation, Option 1. City Attorney Steve Roy responded to Council questions and stated Council has thepower to inquire into and investigate any office, department or agency of the City and any employee. Councilmember Bertschy spoke of his concerns regarding training and education for potential Boardmembers. Councilmember Kneeland responded to Councilmember Bertschy's concerns and reported the Health and Safety Committee has discussed various levels and types of possible training. She spoke of the need for the Board to remain neutral in its position regarding matters concerning the Police Department. Councilmember Wanner made a motion, seconded by Councilmember Bertschy, to adopt Ordinance No. 76, 1998 on First Reading. Councilmember Smith made a motion, seconded by Councilmember Kneeland, to substitute Option 2 for Option 1. 429 April21, 1998 Councilmember Smith offered a friendly amendment to his previous motion to read as follows: Sec. 2-139. Functions. (6)"To make periodic annual reports...... Mary Bates, 609 Duke Lane, expressed concerns regarding the danger that law enforcement officers and the law enforcement system is in and urged Council to adopt Option 2. LeRoy Gomez, 3213 Sharps Street, spoke in support of Option 2. Lou Lachman, 1212 Raintree Drive, stated elected officials should be responsible for the decisions. Mayor Azari spoke of the need for the Council and the City Manager to be involved with any potential personnel matters and supported Option 1. Councilmember Byrne concurred with Mayor Azari stating the City Manager works closely with the Police Chief, which may help Council in making sound choices during the appointment process. Councilmember Bertschy stated he did not believe the appointment process was as critical as the need for the Board to conduct an unbiased investigation and opposed the motion. The vote on Councilmember Smith's motion to amend Ordinance No. 76, 1998, substituting Option 2, was as follows: Yeas: Councilmembers Kneeland, Mason and Smith. Nays: Councilmembers Azari, Byrne, Wanner and Bertschy. THE MOTION FAILED. David Lipp, 626 Remington Street, requested the provision for subpoena power be included and spoke of the need for an independent investigator with no ties to the Police Department. Ed Levering, 626 Remington, concurred with comments made by Mr. Lipp regarding subpoena powers and an independent investigator. Lou Lachman, 1212 Raintree Drive, concurred with comments by previous speakers and expressed his support for the Police Department. Al Baccili, 520 Galaxy Court, concurred with Mr. Lipp's suggestion of subpoena power. David Lauer, 1404 Robertson, expressed his concerns regarding equality. Councilmember Kneeland thanked the Chief and staff for all their hard work on this issue. She spoke of citizens skepticism of police departments and concurred with Mr. Lauer's equality concerns. She stated she would not support the motion stating that she believed Option I was a flaw in the process. 430 April21, 1998 Mayor Azari asked if a clause could be added between First and Second Readings addressing the concern that, if needed, the Board could request of Council that it appoint a special investigator under certain circumstances. City Manager John Fischbach stated that would be possible and he would like for the Health and Safety Committee to review it again. Councilmember Bertschy concurred with Mayor Azari's comments stating he would support the motion with an amendment requesting the above mentioned option for a special investigator. Councilmember Mason spoke of the need for the Board to maintain objectivity and expressed his concerns regarding education of Boardmembers. Councilmember Smith expressed concerns regarding the definition of "serious civil rights violations", commenting that people interpret "serious" differently. He stated he opposed the motion, and expressed concerns regarding "blurring" the lines between policy that is set by Council, and policy enactment which is carried out by the City Manager. He stated he would not support the motion. The vote on Councilmember Warmer's original motion to adopt Ordinance No. 76, 1998, Option 1 on First Reading was as follows: Yeas: Councilmembers Azari, Bertschy, Byrne, and Wanner. Nays: Councilmember Kneeland, Mason and Smith. THE MOTION CARRIED. Councilmember Byrne spoke of the need to review training requirements stating he was not convinced the Police Academy was necessary and requested the training issue be reviewed by the Health and Safety Committee before Second Reading of the Ordinance. Councilmember Smith made a motion, seconded by Councilmember Wanner, to postpone Second Reading until reviewed by the Health and Safety Committee and include an option, on Second Reading, for independent investigative and subpoena powers. The vote on Councilmember Wanner's motion was as follows: Yeas: Councilmembers Azari, Bertschy, Byrne, Kneeland, Mason, Smith and Wanner. Nays: None. THE MOTION CARRIED 431 April 21, 1998 Items Relating to the Human Rights Ordinances Accented The following is staffs memorandum on this item. "Executive Summary A. Presentation of a Petition Relating to Ordinance No. 21, 1998 of the Council of the City of Fort Collins Repealing and Reenacting Article Hof Chapter 13 of the City Code Concerning Discrimination Certified by the City Clerk as Sufficient far Referendum. B. Presentation of a Petition Relating to Ordinance No. 22, 1998 of the Council of the City of Fort Collins Amending Portions of Article H of Chapter 13 of the City Code by Adding Sexual Orientation as a Basis of Discrimination Certified by the City Clerk as Sufficient for Referendum. C. Emergency Ordinance No. 77, 1998, Reenacting Article H of Chapter 13 of the City Code as it Existed Prior to the Enactment of Ordinance No. 21, 1998. The City Clerk's Office has certified a sufficient number of signatures on referendum petitions received on April 7, 1998 relating to Ordinance No. 21, 1998 and Ordinance No. 22, 1998 to determine the petitions to be valid. Under Article X of the City Charter, 1,783 signatures of registered electors (at least 10% of the total ballots cast in the last regular City election) are required to place a referendum before Council for action. At the May 5, 1998 meeting, Council will be presented with options to repeal the ordinances or submit the ordinances to a vote of the registered electors as the next regular election or a special election. The Charter provides that the presentation of the certified petitions suspends the operation of the ordinances, pending their repeal by the Council or final determination by the electors. There is some question as to whether the suspension of the operation of Ordinance No. 21, 1998, would automatically reinstate the provisions of Article H of Chapter 13 of the Code as they existed prior to the enactment of that ordinance. Therefore, the City Attorney is recommending that, if Council wishes to avoid any lapse in the existence of a local anti -discrimination law, Ordinance No. 77, 1998 be adopted, which would expressly reinstate the earlier version of Article H of Chapter 13 of the Code pending the outcome of this referendum effort. If that ordinance is adopted, the provisions of Article H of Chapter 13 that existed prior to enactment of Ordinance No. 21, 1998, would continue in effect until such time, if at all, that the voters approve Ordinance No. 21, 1998. Because the ordinance is being presented as an emergency measure, the approval offive members of the Council will be necessaryfar its passage. " 432 April21, 1998 City Clerk Wanda Krajicek gave a brief presentation on this item and stated the City Clerk's office verified that both petitions were sufficient for referendum. She stated no action is required by Council on Items A and B. City Attorney Steve Roy gave a brief explanation of the need to repeal and reenact Article II, Chapter 13 and stated the Emergency Ordinance would be effective immediately. Councilmember Kneeland made a motion, seconded by Councilmember Wanner, to adopt Emergency Ordinance No. 77, t998. Yeas: Councilmembers Azari, Bertschy, Byrne, Kneeland, Mason, Smith and Wanner. Nays: None. THE MOTION CARRIED. Resolution 98-68 Authorizing the City Manager to Enter into a Park Development Agreement with the Geological Society of America and Providinz for Reimbursement of the Water Utility Fund Adopted The following is staff's memorandum on this item. "Financial Impact The Geological Society of America, a not -for -profit 501(c)(3) corporation, will raise all the funds necessary (approximately $700, 000) to construct the two -acre Rock Park on the site of the Resource Recovery Farm. Once the construction is complete, the GSA will convey the Rock Park improvements to the City of Fort Collinsfor continued ownership and operation. The City will retain ownership of the two -acre site at all times. The annual maintenance costs associated with the Park are estimated to be $15,000 to $20,000. There will also be minimal expensesfor the installation of one electrical and one water connection for the purposes of emergency lighting and irrigation. The Geological Society will, in cooperation with the City, evaluate whether rock exhibits and pathways need replacing or major repair on an annual basis. The Geological Society will set aside one percent (I %) of the total development budget (roughly $7,000) to assist in covering the costfor such modifications. Since the project will be constructed on property that is presently owned by the City for the benefit of the Water/Wastewater Utility, the Water Utility Fund will be reimbursed by the General Fund for the two to three acres required,for the Park and access control at the time of the Rock Park's construction (spring 2000). Staff anticipates that.funds in the Lodging Tax Capital Improvement Fund will be used to offset this cost, which is expected to total less than $50,000. This agreement will remain in effect until December 31, 2024, unless terminated earlier by the parties in accordance with Article IV of the Park Development Agreement. 433 April21, 1998 Executive Summary In addition to the partnership with Colorado State University, and Colorado State Parks on the Environmental Learning and Welcome Center, staff has been working with the non-profit Geological Society of America (GSA is headquartered in Boulder) on yet another exciting concept. GSA has proposed the development of a two -acre Rock Park or Geological Gardens adjacent to the ELC/Welcome Center. The GSA would raise the funds necessary to develop the two -acre parcel on the northern portion of the City's Resource Recovery Farm. The City will retain ownership of the site at all times. The site will be designed in such a way that will enable the Rock Park to share automobile, bicycle, RV parking and future transportation options with the ELC/Welcome Center. BACKGROUND: In essence, the concept involves representing the geology and topography of the State of Colorado, roughly in the shape of the State on the two acre site. As is shown on the attached schematic, the plains, Front Range, mountains, canyons and plateaus will be replicated using rock samples purchased and moved on site by the GSA. Following the complete development of the project, the Park improvements will be conveyed to the City of Fort Collins to operate and maintain. The hours, operation and maintenance of the Rock Park will be coordinated with the activities, staffing and funding of the ELC and Welcome Center. In exchange for receiving the developed Rock Park, the City will agree to operate and maintain the Park for a period of 25 years. The City and GSA have agreed to include an early termination clause in the agreement between the City and GSA in the event that the Park is either not successful, or becomes an undue burden to operate and maintain. GSA will set aside one percent (1 %) of the total development budget (roughly $7,000) to assist in covering such costs. Since no buildings or significant structures will be involved, it is estimated that the annual maintenance costfor this facility will be in the range of $10, 000 to $15, 000. There will be a minimal cost to irrigate plants, trees and shrubs, and provide emergency lighting (the facility will close at dusk; evening operation is not anticipated). GSA anticipates that the development of the Park will cost roughly $700,000, and will require approximately one year to accomplish. Rock sample collection will occur during the summers of 1998 and 1999, with actual construction of the Park to occur in 2000. This would complement the proposed spring 1999 opening of the ELC/Welcome Center. General Terms of the Agreement: The intended opening of the Rock Park is to be September 2000, depending upon the construction schedule. The City of Fort Collins would agree to thefollowing responsibilities and costs associated to the development and construction of the Rock Park. (Complete terms and conditions are covered in the attached Park Development Agreement): BE April21, 1998 Upon execution of the Agreement the City will • permit the Geological Society to have access to an eleven -acre site (this area is needed initially for project coordination; the Park will ultimately be comprised of only two acres) for the purpose of designing and planning the Rock Park; • permit the Geological Society to store rocksamples in the NortheastDrying Basin of the Resource Recovery Farm (Exhibit 3), or at another suitable location mutually agreed upon by the City Manager and the Geological Society; • remove and dispose of any contaminated and/or hazardous materials which may be encountered during construction; • design and install a minimum of one electrical and water connection at a convenient location at the Rock Park boundary prior to commencement of construction of the Rock Park; Upon execution the Geological Society will • ensure that all design and construction work is performed by qualified personnel, and in accordance with all applicable laws and regulations, including without limitation the ADA, employment, occupational health and safety, and environmental laws and regulations; • submitfinal design plans and construction specifications to the City for review and approval prior to commencement of any construction activities; • require all contractors and sub -contractors to name the Geological Society and the City as an "additional insured" under the required insurance policies; • furnish the City with written documentation of any modifications to construction specifications that the City has approved, and obtain approval from the City for modifications that result in material changes greater than $2,000; • schedule construction activities with the Welcome and Environmental Learning Center partners so as to minimize disturbances. The development and operation of the Rock Park in partnership with the Geological Society will continue to implement the vision of developing a educational and cultural corridor south along the Frontage Road of I-25, and south of Prospect Road commencing with the development of the Environmental Learning and Welcome Center. The overall objective is to create a world -class visitor and environmental education complex. Thisfacility would offer opportunities tofocus visitor attention on the Rock Park, CSU's Environmental Learning Center, River Bend Ponds, the City's Resource Recovery Farm, CSU's agricultural farm, the trail system, adjacent natural areas, and other community amenities. The concept is consistent with the goals cited in the GOCO Legacy Project, Prospect Road Street-scape Program, and the recommendations of the Poudre River Land Use Framework Plan. The project is also compatible with the goals and objectives of the Northern Colorado Regional Planning Study, specifically the community gateway concept. 435 April21, 1998 Diagrams and background materials for the proposed Rock Park have been included in this packet for further review and information. " Councilmember Mason stated that due to the City's financial responsibility for the maintenance of the Park, he believed Council should be consulted in the final approval of the Park's name. City Attorney Steve Roy stated the City has the authority to make minor changes to the agreement and that he would work on the language to effectuate the purposes of the motion. Councilmember Mason made a motion, seconded by Councilmember Bertschy, to adopt Resolution 98-68. Yeas: Councilmembers Azari, Bertschy, Byrne, Kneeland, Mason, Smith and Wanner. Nays: None. THE MOTION CARRIED. Other Business Mayor Azari stated Girl Scout Troop #181 presented Council with Girl Scout dolls as a reminder for all to take care of our children. She reported the City received an award from U.S. West for its recycling efforts. The meeting adjourned at 9:50 p.m. .ATTEST: A q, I � R City Clerk % A Adjourn 436