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HomeMy WebLinkAboutMINUTES-05/19/1998-RegularMay 19,1998 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, May 19, 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 and Wanner. Councilmembers Absent: Mason and Smith. Bertschy arrived at 6:10 p.m. Staff Members Present: Fischbach, Harris, Roy. Agenda Review City Manager Fischbach stated that item #1213, Hearing and Second Reading of Ordinance No. 85, 1998, Amending the City Code Relating to Historic Buildings by Adopting the 1997 Uniform Code for Building Conservation, needed to be pulled from the Consent Calendar to provide an opportunity for a hearing. He also noted that there are changes to item #7 Second 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, item #10 Second Reading of Ordinance No. 80, 1998, Amending Section 2-73 of the City Code Concerning Minutes of Meetings for Boards and Commissions, and item #13 Items Relating to Revisions to the Land Use Code. CONSENT CALENDAR 7. Second 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. Ordinance No. 74, 1998 was unanimously adopted on First Reading on April 21, 1998. Three changes to the ordinance are being proposed by staff on Second Reading. The first expands the definition of "school site development' in Section 7.5-47 so as to again allow for the construction or expansion of school facilities. This change would more clearly permit fee revenues to be used for developing existing school sites to accommodate the expansion of schools, as well as the development of new sites. The second change appears in Section 7.5-48(c), whichpertains to the dedication ofproperty. Two provisions are added. The first states that, at the time of dedication, the dedicated site 31 May 19, 1998 shall have overlot grading, direct access to a publicly dedicated street improved to city standards, and utilities stubbed to the site. The second states that, upon completion of the conveyance of the dedicated property to the school district, in a manner consistent with the provisions of the ordinance, the school district shall promptly certify to the City in writing that the dedication has been made. The final change is to Section 7.5-50(b), which details the location of school sites where fee revenue maybe expended. The Ordinance provides that funds for elementary andjunior high schools must be expended in the high school feeder attendance area boundaries in which the fee is collected. Funds for high school sites may be expended anywhere in the District. The proposed changes have been provided to the school districts. 8. Second Reading of Ordinance No 78 1998 Appropriating Prior Year Reserves in the General Fund for Police Seizure Activity. Nearly 100 years ago, Colorado law created a process for the seizure of illegal contraband used in or gained from criminal activity. The intent is to deter crime and to have criminals help defray the costs of policing. State statutes specify that the proceeds from such seizures are to be used for law enforcement purposes, and require that the governing body (City Council) of the seizing agency (Police Services) appropriate these proceeds to supplement the seizing agency's budget or forfeit the proceeds to the general fund of the State of Colorado. The Colorado Supreme Court and the United States Supreme Court have consistently upheld the constitutionality of these statutes. Ordinance No. 78, 1998, was unanimously adopted on First Reading on May 5, 1998. 9. Second Reading of Ordinance No. 79, 1998, Appropriating Unanticipated Revenue in the Transportation Services Fund for the Transit and University Communities Conference and for the 2020 Regional Transportation Plan and Authorizing a Related Transfer of Funds Ordinance No. 79, 1998 was unanimously adopted on First Reading on May 5, 1998, and appropriates unanticipated revenue in the Transportation Services Fund for the "Transit and University Communities Conference" and authorizes the transfer of funds appropriated as the local match for the 2020 Plan to the MPO Administration budget, for use in completing that plan. 10. Second Reading of Ordinance No. 80, 1998, Amending Section 2-73 of the City Code Concerning Minutes of Meetings for Boards and Commissions Section 2-73 of the City Code currently requires that minutes of a board or commission meeting be filed with the City Clerk prior to the next regular meeting of the board or commission. Typically, this is not possible as the board or commission has not had the 32 May 19, 1998 opportunity to review and approve the minutes until its next regular meeting. The board or commission could, and often does, file "draft" minutes with the City Clerk prior to its next regular meeting in an effort to comply with this Code provision. However, the "draft" minutes have not been reviewed by the board or commission before submittal and occasionally contain errors or inaccuracies which have the potential of misleading City staff and the public. Ordinance No. 80,1998, was unanimously adopted on First Reading on May 5,1998, at that time Council expressed concern about its ability to access at least draft minutes of the meetings of boards, commissions and committees in a timely fashion. In response to this concern, the proposed ordinance has been amended on second reading so as to require boards, commissions and committees to approve minutes oftheir meetings no later than their next regular meeting, except in those instances where an audio or video recording has been made of the prior meeting. Council would then have access either to the audio or video recording of a meeting, or to draft minutes prepared with the agenda for the next regular meeting of the board, commission or committee, pending formal approval of the minutes. 11. Second Reading of Ordinance No. 83,1998 Calling a Special Municinal Election to be Held in Conjunction with the November 3, 1998 General Election This Ordinance, which was unanimously adopted on First Reading on May 5, 1998, calls for a special municipal election to be held on November 3,1998 in conjunction with the Larimer County General Election. 12. Items Relating to the Uniform Building Code and the Uniform Code for Building Conservation. A. Second Reading of Ordinance No. 84, 1998, Repealing and Reenacting Chapter 5, Division 2, of the City Code for the Purpose of Adopting the 1997 Uniform Building Code, with Amendments. The 1997 Uniform Building Code (UBC) has undergone extensive review by staff, and for the first time, by a regional ad hoc review committee. In the interest of standardizing the building codes throughout the Larimer County area to the extent practical, a code review team (composed of construction professionals, public board members and code officials from across the Larimer County region) completed a six-month review of the 1997 UBC and draft amendments. The UBC is published every three years and has been the national model building code in use by much of Colorado, including Fort Collins, for many years. Ordinance No. 84, 1998 was unanimously adopted on First Reading on May 5, 1998. 33 May 19, 1998 B. Hearing and Second Reading of Ordinance No. 85, 1998, Amending the City Code Relating to Historic Buildings by Adopting the 1997 Uniform Code for Building Conservation. The 1997 Uniform Code for Building Conservation (UCBC) is virtually the same as the currently adopted 1991 UCBC it replaces. Differing slightly only in format from the earlier version, the 1997 UCBC is a regulatory tool that allows greater flexibility for alterations to existing buildings, particularly those designated as "historic". Ordinance No. 85, 1998 was unanimously adopted on First Reading on May 5, 1998. 13. Items Relating to Revisions to the Land Use Code. A. Second Reading of Ordinance No. 90, 1998, Amending the City's Land Use Code. B. Second Reading of Ordinance No. 91, 1998, Amending Section 2-353(4) of the City Code Regarding the Functions of the Planning and Zoning Board. Ordinance Nos. 90 and 91, 1998, which were unanimously adopted on First Reading on May 5,1998, make certain amendments to the Land Use Code address a variety of issues that have recently emerged or have otherwise been identified as being appropriate to address at this time. Two changes to draft code revisions adopted at first reading have been proposed by staff for second reading. Both changes relate to the same issue, which was listed as a "consent" item at first reading. These refinements relate to clarifying the process and criteria used in review requests to abandon old plans. 14. First Reading of Ordinance No. 92 1998 Appropriating Prior Year Reserves and Unanticipated Revenue in the General Fund. This Ordinance appropriates 1997 lodging tax receipts dedicated to Cultural Development and Programming (CDP), Visitor Events, and Tourism Capital. In addition, it appropriates unexpended 1997 appropriations for CDP and visitor events, and revenue received for CDP in 1997 and 1998 for use in the specified programs. The following information explains each of these funding sources. Lodging tax revenue for 1997 was estimated to be $441,993, while the actual receipts totaled $488,625. The 1998 budget appropriated the estimated 1997 receipts of $441,993. The additional 1997 lodging tax receipts in the amount of $46,632 have not been appropriated. In accordance with City Code Section 25-244, 75% of the total receipts are to be used for the promotion of convention and visitor activities, and 25% for cultural development and programming (CDP) activities. In accordance with the City's contract for services with the 9M May 19, 1998 Convention and Visitors Bureau (CVB) for 1996, the City's 1996 payment to CVB was set at $250,000, with annual increases at a rate not to exceed the prevailing rate of inflation as established by the Denver -Boulder consumer Price Index. 15. Items Relating to Capital Improvements for the Fort Collins Library A. Resolution 98-83 Approving the Library Capital Improvement Plan as Part of the City's Comprehensive Plan. B. First Reading of Ordinance No. 93, 1998, Appropriating Prior Year Reserves in the Capital Expansion Fund for Improvements Relating to the Provision of Library Services. The Library staff and the Library Board have been working on updating the Capital Improvements Plan for the Library. The Board submitted its long-range plan, entitled "Into the 21 st Century" to Council in October of 1995, but did not request Council approval of that Plan. Since that time, Council authorized certain capital improvement expansion fees, including a fee for library capital improvements. These fees are found in Chapter 7.5, Article II of the City Code. This Article provides that the expansion fees may only be spent on improvements identified in the Capital Improvements Plan for library services and further provides that this Plan must be part of the City's Comprehensive Plan. The "Into the 2lst Century" Plan was not previously approved as part of the City's Comprehensive Plan. The approval of this Resolution will make the Library Capital Improvements Plan part of the City's Comprehensive Plan and will allow the appropriation and expenditure of library capital improvement expansion fee revenue. Staff has planned to use a portion of this money to buy books and materials for the Harmony Library, and these funds, in the amount of $268,000 are appropriated for this purpose by adoption of the Ordinance. 16. Items Relating to Latimer Home Improvement Program. A. Resolution 98-84 Authorizing the Mayor to Execute an Application to Request Funding for the Ensuing Fiscal Year from the Colorado Division of Housing for the Larimer Home Improvement Program. B. First Reading of Ordinance No. 94,1998, Appropriating Funds from the Affordable Housing Trust Fund Reserve for Use as Matching Funds for the Larimer Home Improvement Rehabilitation Program. The Latimer Home Improvement Program (LHIP) is a multi jurisdictional program that focuses on providing loans to low income households for the purpose of making safety and structural repairs to their homes. Since its inception in 1994, the program has issued 41 home rehabilitation loans to low income households in Fort Collins. The program is 35 May 19, 1998 administered by the Loveland Housing Authority and uses State of Colorado HOME funds as the primary funding source. In addition to the HOME funds, the state requires each participating jurisdiction to provide 25% in matching funds. The City of Fort Collins match has continued to be $22,500 annually. In previous years funds for the LHIP have been allocated by City Council from the City's Affordable Housing Fund. In order to facilitate the City's participation in the LHIP, it is necessary for the City Council to adopt the Resolution and the Ordinance on First Reading. 17. Items Relating to the Harmony Road Bikeway Project A. Resolution 98-85 Authorizing the City Manager to Enter into an Intergovernmental Agreement with the Colorado Department of Transportation for the Construction of the Harmony Road Bike Path Project - Phase 11. B. First Reading of Ordinance No. 95,1998, Appropriating Unanticipated Revenue and Authorizing the Transfer of Appropriations to be used for the Construction of the Second Segment of the Harmony Road Bikeway Project. The proposed contract between the City and CDOT will allow for work to proceed to prepare final design documents and construction of the second phase of the Harmony Road bikelane project: (1) Provide a bikelane on the south side of Harmony Road from College Avenue to Boardwalk Drive. The bikelane on the north side will be constructed as part of the Harmony Market Center development project. (2) Provide bikelanes on both the north and south sides of Harmony Road between McMur y and Timberline. The bikelane on the south side of Harmony just west of Timberline will be built as part of the new development proposed for this site. 18. First Reading of Ordinance No. 96, 1998 Amending the Zoning Man of the City of Fort Collins by Changing the Zoning Classification for That Certain Property Known as the Northstar Mobile Home Community Rezoning_ On March 18, 1997, the City Council passed Ordinance No. 51, 1997, adopting a new Land Use Code, and Ordinance No. 52, 1997, adopting a new Zoning Map, which were designed to help implement the land use policies of City Plan, the update to the City's Comprehensive Plan. At the time of the adoption of the ordinances, approximately 27 rezoning issue areas had been identified where either the property -owner and/or the adjacent property -owners and residents did not agree with staff s recommendation for the zoning of an area or piece of property. Rather than delay the adoption of the new Land Use Code, it was agreed that the rezoning of the issue areas would be further reviewed after adoption of the ordinances. The 36 May 19, 1998 process would look again at the City Structure Plan and potential zoning designation. This property is one such issue area. This is a request to rezone approximately 2.79 acres located north of LaPorte Avenue and west of Fishback Avenue from the T, Transition, Zoning District to the LMN, Low -Density Mixed -Use Neighborhood, Zoning District. APPLICANTS: Mike Bond/Robyn Laird NorthStar Mobile Home Community 1700 LaPorte Avenue Fort Collins, CO 80521 OWNERS: Same 19. First Reading of Ordinance No. 97, 1998, Adjusting the Capital Improvement Expansion and Neighborhood Parkland Fees for Increases in Inflation Based on the Denver -Boulder Consumer Price Index. With the adoption of Ordinance No. 172, 1997, Council approved increases in the Capital Improvement Expansion Fees. Upon receipt of the most recent updates to the City Code, staff noted that two of the fee amounts in the Fire Protection Capital Improvement Fee Schedule were incorrect. When Council adjusted the fee schedules for the increase in the Denver -Boulder Consumer Price Index, all fees were to increase by 7.32%. Two fee categories, those for housing units from 1,701-2,200 square feet and those 2,200 square feet and over received incorrect adjustments. This Ordinance makes the corrections to the fee schedule, effective as of the intended date for the new fees, January 1, 1998. The correct amounts are $149 for units in the 1,702 to 2,200 square feet category and $181 for units 2,201 square feet. 20. First Reading of Ordinance No. 98, 1998, Authorizing the Convevance of Certain Real Property at Maxwell Open Space and an Access Easement to Fort Collins -Loveland Water District in Exchange for Certain District Property. In the fall of 1997, the District requested that the City assist in correcting two problems that affect the District's foothills water storage site. First, the District proposed that the City work with the District to clarify and adjust the legal boundaries of the District's water storage site, to reflect the actual location of the District's water tanks. Second, the District requested that the City formalize an access easement that has been used historically by the District in connection its water storage facility. The District originally purchased the water storage site from Venture Development, Inc., in 1972. Since the time of that purchase, the site has been surrounded by the City's Maxwell Open Space. As a result, the City's cooperation is needed to assist the District in correcting the listed problems. 37 May 19, 1998 The District's access is across Colorado State University property, up the Dixon Lateral Road, and finally up the hillside over an access road which has been used by the District since 1972 but is not of record. This access can be best resolved by the City conveying an access easement to the District over the existing access road. The proposed boundary line adjustment reflects the existing configuration and location of the District's facilities, and will result in no net loss of property for the City. It is proposed that the City and District exchange by quitclaim deed land parcels to result in District ownership of the property on which District facilities are located. The above actions have been coordinated with the Parks Planning and Development staff and as a result, staff recommends adoption of the Ordinance on First Reading. 21. First Reading of Ordinance No. 99, 1998, Authorizing the Conveyance of a Non -Exclusive Easement for a Sanitary Sewerline to the Boxelder Sanitation District The City and the District are assisting Colorado Department of Transportation ("CDOT") in correcting a serious problem with the failure of CDOT's highway rest station septic system. If the District does not provide service to the rest station, there is a danger of contaminated waste reaching the Poudre River from the rest area. The rest station is located on the east side of I-25 near the Poudre River and the City's Archery Range. In anticipation of a heavy spring runoff, the City and the District entered into a license agreement on March 28, 1997 which allowed the District access to City property for the installation of two river crossings. The District obtained a Corps of Engineers 404 Access Permit and the appropriate Endangered Species Act studies were performed. In addition, the City's Resource Recovery Farm and Open Lands, Natural Areas Team inspected the crossing sites with District representatives and approved the District's proposed plans for the River crossings. The City's contingencies were that both crossing sites be revegetated with natural grasses and willow shrub replacements. Using the license agreement, the crossings were installed before the major runoff started. The final step in the process is to convert the license agreement into an easement agreement. As a result, staff recommends adoption of the Ordinance on First Reading. in May 19, 1998 22. Resolution 98-86 Amending the City of Fort Collins' General Employees Retirement Plan. The General Employees Retirement Committee (the "GERC") is responsible for the management of the Plan and for making recommendations regarding modifications to the Plan. The GERC has conducted educational classes for the Plan's members over the past few years. One of the membership's desired changes to the Plan is better portability of pension benefits. Through the amendments provided in the Resolution, the GERC is recommending a change to provide the ability for single -sum benefit payments to be made to members of the Plan upon retirement or severance of employment. This increases the portability and flexibility of pensions benefits. The GERC also recommends amendments to other related sections of the Plan to remove areas of ambiguity. The proposed amendments are not expected to significantly increase the funding requirements of the Plan. The proposed provision for the single -sum payment of benefits is designed to be revenue neutral. 23. Resolution 98-87 Authorizing the Purchase ofApproximately Seventeen and One -Half Acres of Land for Natural Area Pumoses and Ground Leases on the Property to Existing Tenants for a Term of up to Two Years. The Resolution authorizes the purchase of 17.5 acres of land along the Poudre River for public natural area purposes. The land is located on the north side of the River immediately adjacent to McMurry Ponds Natural Area (owned by Larimer County). The parcel has significant natural values and will help meet the objectives of the Natural Areas Policy Plan, the Parks and Recreation Policy Plan, and City Plan. The Resolution also authorizes leases of mobile home sites to five tenants who currently have mobile homes located on the property. The terms of the lease provide for continued residency by the tenants for up to two years and a $10,000 buyout by the City for each of the mobile homes. All of the tenants have agreed to the leases. 24. Routine Easement. A. Deed of Easement from P. V.H.S. and Mountain Crest Behavioral System, Inc. for a duct bank to Hewlett Packard, located at 4601 Corbett Drive. Monetary consideration: $10. 39 May 19, 1998 Items on Second Reading were read by title by Deputy City Clerk Rita Harris. 7. Second Reading of Ordinance No. 74, 1998, Amending Chanter 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. 8. Second Reading of Ordinance No. 78, 1998 Appropriating Prior Year Reserves in the General Fund for Police Seizure Activity. 9. Second Reading of Ordinance No. 79, 1998 Appropriating Unanticipated Revenue in the Transportation Services Fund for the Transit and University Communities Conference and for the 2020 Regional Transportation Plan and Authorizing a Related Transfer of Funds 10. Second Reading of Ordinance No. 80, 1998, Amending Section 2-73 of the City Code Concerning Minutes of Meetings for Boards and Commissions 11. Second Reading of Ordinance No. 83,1998 Calling a Special Municipal Election to be Held in Coniunction with the November 3. 1998 General Election. 12. Items Relating to the Uniform Building Code and the Uniform Code for Building_ Conservation. A. Second Reading of Ordinance No. 84, 1998, Repealing and Reenacting Chapter 5, Division 2, of the City Code for the Purpose of Adopting the 1997 Uniform Building Code, with Amendments. B. Hearing and Second Reading of Ordinance No. 85, 1998, Amending the City Code Relating to Historic Buildings by Adopting the 1997 Uniform Code for Building Conservation. 13. Items Relating to Revisions to the Land Use Code. A. Second Reading of Ordinance No. 90, 1998, Amending the City's Land Use Code. B. Second Reading of Ordinance No. 91, 1998, Amending Section 2-353(4) of the City Code Regarding the Functions of the Planning and Zoning Board. Items on First Reading were read by title by Deputy City Clerk Rita Harris. 14. First Reading of Ordinance No. 92, 1998 Appropriating Prior Year Reserves and Unanticipated Revenue in the General Fund. En11 May 19, 1998 15. Items Relating to Capital Improvements for the Fort Collins Library. A. Resolution 98-83 Approving the Library Capital Improvement Plan as Part of the City's Comprehensive Plan. B. First Reading of Ordinance No. 93, 1998, Appropriating Prior Year Reserves in the Capital Expansion Fund for Improvements Relating to the Provision of Library Services. 16. Items Relating to Larimer Home Improvement Program. A. Resolution 98-84 Authorizing the Mayor to Execute an Application to Request Funding for the Ensuing Fiscal Year from the Colorado Division of Housing for the Larimer Home Improvement Program. B. First Reading of Ordinance No. 94, 1998, Appropriating Funds from the Affordable Housing Trust Fund Reserve for Use as Matching Funds for the Larimer Home Improvement Rehabilitation Program. 17. Items Relating to the Harmony Road Bikeway Project. A. Resolution 98-85 Authorizing the City Manager to Enter into an Intergovernmental Agreement with the Colorado Department of Transportation for the Construction of the Harmony Road Bike Path Project - Phase 11. B. First Reading of Ordinance No. 95,1998, Appropriating Unanticipated Revenue and Authorizing the Transfer of Appropriations to be used for the Construction of the Second Segment of the Harmony Road Bikeway Project. 18. First Reading of Ordinance No. 96, 1998, Amending the Zoning Map of the City of Fort Collins by Changing the Zoning Classification for That Certain Property Known as the Northstar Mobile Home Community Rezoning. 19. First Reading of Ordinance No. 97, 1998, Adjusting the Capital Improvement Expansion and Neighborhood Parkland Fees for Increases in Inflation Based on the Denver -Boulder Consumer Price Index. 20. First Reading of Ordinance No. 98, 1998, Authorizing the Convevance of Certain Real Property at Maxwell Open Space and an Access Easement to Fort Collins -Loveland Water District in Exchange for Certain District Property. 41 May 19, 1998 21. First Reading of Ordinance No. 99, 1998, Authorizing the Conveyance of a Non -Exclusive Easement for a Sanitary Sewerline to the Boxelder Sanitation District Councilmember Kneeland made a motion, seconded by Councihnember Wanner, to adopt and approve all items not removed from the Consent Agenda. Yeas: Councilmembers Azari, Byrne, Kneeland and Wanner. Nays: None. THE MOTION CARRIED. Staff Reports Greg Byme, Community Planning and Environmental Services Director, introduced two new rangers working in the Natural Resources Department. He noted that the rangers are now commissioned Community Service Officers and are now patrolling the natural areas and trails. Ron Phillips, Transportation Services Director, introduced the new City Engineer Cam McNair. Councilmember Reports Councilmember Byrne reported on the Poudre School District Liaison Committee which continued the dialogue regarding Building Community Choices and discussed the Fossil Creek school site and communication facilities with Larimer County and Poudre R-1. ("Secretary's Note: Councilmember Bertschy arrived at 6:10 p.m.) Councilmember Bertschy reported on a meeting held with Senator Allard about the national ferret recovery center proposal. Funding for the move of the center from Wyoming to Colorado is in the President's 1999 budget proposal, and Senator Allard and his staff are very supportive of the move. Councilmember Kneeland reported on the Growth Management Committee's discussions with representatives from the City of Loveland about the space between Fort Collins and Loveland as a cooperative planning area. A meeting will be held with Windsor, Timnath and Larimer County in June. Mayor Azari asked for an update on the Metropolitan Planning Organization. Transportation Services Director Phillips reported that the main item on the last MPO meeting was hearing a presentation concerning rural transportation authorities. The regional transportation plan is proceeding and will likely be adopted in July, and there have been discussions with CDOT regarding resource allocation among the four transportation planning regions within CDOT Region 4 area of northeastern Colorado. 42 May 19, 1998 Mayor Azari also asked for a report on the Legislative Review Committee. Transportation Services Director Phillips reported that HB 1256 has been adopted, putting an issue on the November statewide ballot for the voters to decide whether $200 million of the surplus over the TABOR limit should go to transportation, public education and higher education. HB 1202 also passed, which puts $100 million into state highway funding and extends until 2008 an appropriation of 10% of the state sales and use tax for state highways. The adoption of HB 1256 by the voters would increase the City's share of Highway Users Tax Fund monies by about 20% or about $400,000 for five years. Mayor Azari commented on Greeley's Independence Stampede proclamation and noted that Councilmembers have been invited and can get tickets from Linda Gula for the Greeley Independence Stampede. Resolution 98-62 Reaffirming City Council's Commitment to the Natural Areas Program and to the Acquisition of Land Through That Program in a Timely and Cost Effective Manner, Adopted Option 1 The following is staffs memorandum on this item. "Executive Summary Option 1. This version of Resolution 98-62 was prepared pursuant to Council direction at the Study Session on April 28. As compared to Option 2, it contains "stronger" language in Section 4 (pertaining to the projected costs of the Parks projects), and also supports the extension of the existing Natural Areas and Parks Tax when it expires in December, 2005. Option 2. This is the version of Resolution 98-62 that was originally presented to Council on Apri17, 1998. It reaffirms Council's commitment to thefunding ofthe Natural Areas program as outlined below. On April 7, Council conducted initial discussions regarding a resolution reaffirming its commitment to the Natural Areas Program and the funding of projects in the Building Community Choices NaturalAreasandParkspackage. Council tabledfurther discussion about the Resolution until after it had discussed the Natural Areas Policy Plan update at the April 28 Study Session. Provisions in the original proposed Resolution (Option 2) included the following: 1. Council reaffirms its commitment to the funding of the Natural Areas program and its commitment to fulfilling its obligations under Ordinance No. 29, 1997. 43 May 19, 1998 2. Council directs staff to explore opportunities to augment its land acquisition program through the use of buyer brokers, or other methods which ensure that the City is effectively achieving the goals set out in the Natural Areas Policy Plan. 3. In order to hasten the acquisition of natural areas, Council will consider opportunities to supplement revenues from the 114 cent tax with other revenue sources which are lawfully available to it should opportunities arise which require more funding for the Natural Areas Program than is available under the approved funding schedule. 4. Council expresses its intention to limit the scope oftheparkrelatedprojects which are apart of Ordinance No. 29, 1997, so as to maximize excess revenues for natural areas. The estimated costs of the Parks Projects to be constructed with revenues generated by the Natural Areas and Parks Tax are as follows: Community Park Improvements Community Horticulture Center Fossil Creek Community Park Regional Trails Maximum Natural Areas & Parks Tax Expenditure (including inflation) $ 576,332 $2,250,542 $9, 829,167 $1,678,418 Year to be Completed 2004 1999 2002 2003 At the April 28 Study Session, Council discussed the Resolution and suggested the following modifications to the Resolution, which are contained in Option 1. B. Section 4 oftheResolution has been revised to strengthen Council's expression ofcommitment to limiting the City's expenditures of Ordinance No. 29, 1997 revenues for parks projects. The funding schedule in the Resolution now refers to a "Maximum Expenditure" of funds from the Natural Areas and Parks Tax revenue which may be expended for the parks projects. Council noted that it did not wish to limit the total amount that could be spent on these projects should some unforeseen circumstance arise, but rather to limit the finds from this revenue source. Other sources of revenue could be used to supplement these projects, if needed. C. Section 5 was added to express Council's support for renewing the Natural Areas and Parks Tax when it expires to further fund the Natural Areas program. " EV May 19, 1998 Ann Tumquist, Assistant to the City Manager, highlighted changes that are included in Option 1 of Resolution 98-62. City Attorney Roy noted Resolution 98-62 Option 1 should include the language set out in Section 5 of Option 2 if Council wishes to consider Option 1. Councilmember Wanner made a motion, seconded by Councilmember Bertschy, to adopt Resolution 98-62 Option 1 as amended by the inclusion of a new Section 6 reading "That nothing in this Resolution shall be construed as superseding the provisions of Ordinance No. 29, 1997." Linda Stanley, 2040 Bennington Circle, spoke in favor of Option 1. Phil Friedman, vice chair of the Natural Resources AdvisoryBoard, supported Option 1, noting that many of the concerns of the Board have been addressed in this option. Bill Miller, Natural Resources Advisory Board and Fort Collins Audubon Society member, suggested striking the word "possible" from Section 5, Option 1. Gina Janett, 620 Colorado, spoke in support of Option 1 and encouraged accelerating purchases in the early years of the tax. Tim Johnson, 1337 Stonehenge Drive, supported Option 1. Ramon Ajero, 3712 Soderberg Drive, supported Option 1 and favored achieving abalance of funding for parks and natural areas. Alan Apt, 1406 Freedom Lane, supported Option 1 and spoke about the historical context of the issue. Kelly Ohlson, 2040 Bennington Circle, supported Option 1 and thanked Council for its support of natural areas. Councilmember Bertschy asked the City Manager how tax revenue is looking for the year. City Manager Fischbach stated that revenue is currently running ahead of projections. Councilmember Bertschy asked if opportunities came along to purchase land but the revenue was not available what would be done. Natural Resources Director Shoemaker stated that the City would look at other funding options and ways of structuring the purchase to pay over time. Councilmember Byrne stated that Council is serious about the issue of missed opportunities and supported Option 1. EK May 19, 1998 Councilmember Kneeland stated she does not support Option 1 because Option 2 reaffirms the commitment to natural areas and parks and all of the items funded as part of the ballot initiative, and most fully honors the intent of the voters in Building Community Choices. Councilmember Bertschy supported Option 1 as the best way to honor the contract with the voters for Building Community Choices, and stated that this option protects natural areas purchases. Councilmember Wanner supported Option 1. Councilmember Wanner made a motion, seconded by Councilmember Bertschy, to make a friendly amendment to Option 1 to omit the word "possible" in Section 5. Mayor Azari thanked staff for its work on the issue and stated she does not support Option 1. She noted that this option assumes that this Council can obligate future Councils. The vote on Councilmember Wanner's motion was as follows: Yeas: Councilmembers Bertschy, Byrne and Wanner. Nays: Councilmembers Azari and Kneeland. THE MOTION CARRIED. Hearing and Second Reading of Ordinance No. 85,1998, Amending the City Code Relating to Historic Buildings by Adopting the 1997 Uniform Code for Building Conservation City Manager Fischbach noted that this item was pulled from the Consent Calendar to allow an opportunity for a public hearing. Mayor Azari asked why the hearing on this ordinance is being held on Second Reading. City Manager Fischbach stated that hearing is being held on Second Reading because the newspaper did not publish the legal notice that had been submitted for the hearing on First Reading. Councilmember Wanner made a motion, seconded by Councilmember Byrne, to adopt Ordinance No. 85, 1998 on Second Reading. The vote on the motion was as follows: Yeas: Councilmembers Azari, Bertschy, Byrne, Kneeland and Wanner. THE MOTION CARRIED. 46 May 19, 1998 Other Business Councilmember Byrne asked how the County's contribution for the library is determined and whether the City has approached the County to arrive at a formula for determining the County's contribution. He also asked about the library services impact fee per dwelling and asked if the County has an equivalent impact fee. He noted there is agreement on the need for an increased level of service from the library, expressed concerns about the need for a higher percentage of participation from the County and supported asking the Library Board to focus on this problem to identify alternatives. The consensus was that this would be worth pursuing. Mayor Azari supported asking the Library Board to take a look at this issue and suggested taking a look at the Estes Park library district and how other communities have addressed this issue. Mayor Azari asked about the status of a review or assessment of Type 1 versus Type 2 reviews. City Manager Fischbach stated that the Planning and Zoning Board would like to know if a report to Council rather than a study session would be satisfactory. The consensus was to review the report from the Planning and Zoning Board and to schedule a study session if it is determined to be necessary. Mayor Azari noted that Ron Phillips is a candidate for the Colorado Municipal League Executive Board and encouraged Council to support his campaign. The meeting adjourned at 7:11 p.m. ATTEST: City Clerk Adjournment M 11