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HomeMy WebLinkAboutMINUTES-07/07/1998-RegularJuly 7,1998 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, July 7, 1998, at 6:00 p.m. in the Council Chambers of the City of Fort Collins City Hall. Roll Call was answered by the following Councilmembers: Azari, Byrne, Kneeland, Mason and Smith. Councilmembers Absent: Bertschy. Wanner arrived at 6:30 p.m. Staff Members Present: Fischbach, Krajicek, Roy. Agenda Review City Manager Fischbach noted that a revised agenda item summary has been prepared for an Other Business item, which is a resolution requesting authorization to proceed with eminent domain proceedings for a parcel needed for the construction of the Civic Center parking lot. Councilmember Mason requested that item #17 First Reading of Ordinance No. 123, 1998, Authorizing Execution of an Amended and Restated Organic Contract Establishing Platte River Power Authority as a Separate Governmental Entity and an Amendment Extending the Term ofthe Contract for the Supply of Electric Power and Energy Between Platte River Power Authority and the City of Fort Collins be pulled from the Consent Agenda. CONSENT CALENDAR Consideration and approval of the regular meeting minutes of March 17 April 7 and the adiourned meeting minutes of March 10 1998 Second Reading of Ordinance No. 112 1998 Appropriating Prior Year Use Tax Carryover Reserves for the Manufacturer's Use Tax Rebate Program In March 1996, City Council originally approved a temporaryrebate program for use tax paid on manufacturing equipment. The goal of the program is to maintain the local economic base by providing modest tax relief to manufacturing concerns located in Fort Collins. During 1997, the City ofFort Collins received $3,703,616 in use tax receipts from companies within the Standard Industrial Code classification for manufacturers. This constitutes 68% of all use tax paid by local businesses in 1997. Ordinance No. 112, 1998 was unanimously adopted on First Reading on June 16, 1998. 123 July 7, 1998 9. Second Reading of Ordinance No. 113 1998 Appro riating Storm Drainage Fund Prior Year Reserves into the Canal hnoortation Basin for the Acquisition of Right -of -Way and Design of Capital Improvements On June 25, 1996 the developer, Eric Booton, and the City entered into a development agreement for the Fairbrooke Heights P.U.D. development. As a condition of this approval the development was to expand a detention pond then east of the Canal, relocate the Canal to the eastside of the detention pond, and provide a corridor for the parallel drainage channel as identified in the Canal hnportation Basin Master Plan. Ordinance No. 113, 1998, was unanimously adopted on First Reading on June 16, 1998, appropriates funds for the acquisition of the lots adjacent to the detention pond, final design for drainage improvements in the Fairbrooke Heights area, and preliminary design of a regional detention pond on the west side of Overland Trail. 10. Items Relating to Grant Revenue to Fund Specialized Transportation Capital Acquisitions for Use in Providing Transportation Services to the Elderly and Disabled in Non -Urbanized Areas. A. Second Reading of Ordinance No. 114,1998, Appropriating Unanticipated Revenue in the Transit Services Fund and Authorizing the Transfer of Appropriations to Be Used For Transit Services for the Elderly and Disabled in Non -Urbanized Areas. B. Second Reading of Ordinance No. 115, 1998, Appropriating Unanticipated Revenue in the Transit Services Fund and Authorizing the Transfer of Appropriations to Be Used For Transit Services in Non -Urbanized Areas. These Ordinances were unanimously adopted on June 16, 1998 and appropriate funds to be used to purchase a new replacement mini -bus for service in the non -urbanized areas surrounding Fort Collins, and to purchase a new full size bus for service on the FoxTrot route. 11. Second Reading of Ordinance No. 116 1998 Appropriating Prior Year Savings Realized from Increased Productivity and Operating Efficiencies In 1992, City Council adopted the Service Productivity Incentive Policy, effective for 1992 and years thereafter. The goal of the policy is to provide a framework within which a manager can develop a long-range strategic plan for service delivery rather than rely on a short-term, line -item cost approach. Ordinance No. 116, 1998, which was unanimously adopted on First Reading on June 16, 1998, appropriates prior year savings from increased productivity and operating efficiencies. 124 July 7, 1998 12. Second Reading of Ordinance No 117 1998 Authorizing the Transfer of Appropriations Between the Library Department in the General Fund and the Art in Public Places Reserve Account in the Cultural Services and Facilities Fund and Ap roving the Commission of "Forest Light". Ordinance No. 117, 1998, which was unanimously adopted on First Reading on June 16, 1998, authorizes the transfer of appropriations to commission artist George Peters to work with the City of Fort Collins, the State Art in Public Places Program and Front Range Community College — Larimer Campus, to create a sculpture entitled "Forest Light". 13. First Reading of Ordinance No. 119 1998 Appropriating Unanticipated Revenue and Authorizing the Transfer of Appropriations from the Storm Drainage Fund and the General Fund to the Flood Mitigation Fund The City has received approval from the State Office of Emergency Management for two grants funded by FEMA's Hazard Mitigation Grant Program. The City plans to utilize these funds for the implementation of a Flood Warning Program and a Floodproofing Program. The Poudre Fire Authority and the City's Stormwater Utility are responsible for mitigating losses to life and property due to flooding emergencies. There are 12 stormwater basins within the City that have the potential for flash flooding with typical reaction times of less than one hour before major damages are sustained. The Flood Warning Program would entail the installation of streamflow and precipitation monitoring equipment to provide maximum warning time in the event of a flooding emergency. The monitoring equipment will be linked to a new enhanced emergency notification system, including an auto dialer, A.M. radio station, and enhanced cable TV over -ride. Although the City has a comprehensive stormwater management program, funds have not been available for a Floodproofing Program. The purpose of the Program is to mitigate repetitive losses from shallow flooding. The Program will utilize grants to encourage construction of cost-effective floodproofing measures. 14. First Reading of Ordinance No. 120 1998 Appropriating Unanticipated Revenue in the General Fund for the Police Services 1998 Drunk Driving Enforcement Program, The Colorado Department of Transportation awarded the Larimer County Sheriffs Department a 1998 grant in the amount of $227,018 to help reduce the number of drunk drivers in Larimer County. As part of that grant, Fort Collins Police Services was listed as a sub -grantee and was awarded $34,320 to reduce the number of drunk drivers in the City of Fort Collins. 125 July 7, 1998 This grant will provide overtime compensation for Fort Collins Police Officers and Dispatchers who are involved in operations which focus on the detection and arrest of drunk drivers in Fort Collins. The grant also covers the cost of Police overtime for court and other hearings relating to DUI arrests. The City will provide matching funds in the amount of $ 120,932. These funds have been included in the 1998 budget in the Police Services programs. 15. First Reading of Ordinance No 121 1998 Amending the City Code to Increase the Library Capital Improvement Expansion Fee Consistent with the Current Level of Library Services In 1996, the Council authorized certain capital improvement expansion fees, including a fee for library capital improvements. These fees are found in Chapter 7.5 of the City Code. The fee is paid by new residential development and is used to provide new residents with the same level of library services enjoyed by current residents. The existing fee is based on the level of service provided before Harmony Library was opened. This equated to .29 square feet of library space per capita at $125 per square feet and 2.1 library items per capita at $28 per item, for a total per capita fee of $95. This fee was increased to $102 per capita in 1997 to adjust for inflation pursuant to Ordinance No. 172, 1997. With the opening of the Harmony Library, the level of library services provided to the community has increased and the Library Capital Expansion Improvement Fee needs to increase if new residents are to be provided with this level of library service. With the opening of Harmony Library, the City now provides .48 square feet of library space per capita at $167 per square feet and 2.2 items per capita at $32 per item for a total per capita fee of $150. The $167 per square feet cost is based on the actual cost to build the Harmony Library. The Library Capital Improvement Expansion Fee is graduated based on the size of the dwelling unit being built. It presently ranges from $143 for a unit that is 700 square feet or smaller to $346 for a unit that is 2201 square feet or larger with the average fee being $247 for units between 1201 square feet and 1700 square feet With the fee increase, the fee for a unit that is 700 square feet or smaller will be $210. The fee for a unit that is 2201 square feet or larger will be $546 and the average fee will be $363 for units between 1201 square feet and 1700 square feet. 16. First Reading of Ordinance No. 122 1998 Amending Chapter 25 of the City Code Regarding Tax and Utility Rebates. In 1973,1975 and 1984 respectively, the Cityof Fort Collins established property tax, utility, and sales tax rebate programs for low-income elderly and disabled residents of the City. The intended purpose was to provide some financial relief to those members of the population 126 July 7, 1998 who may have difficulty paying routine bills and to help make the cost of food and housing more affordable to vulnerable residents. The gross income eligibility guidelines for all three rebate programs were increased in 1997. The income guidelines had not been increased since the inception of the rebate programs. In 1997, City Council approved using the U.S. Department of Housing and Urban Development's (HUD) annual area median gross income limits as the income limits for the rebate programs. These are the same limits used by the City's HOME Program. Staff proposes standardizing the Code language to provide annual updates in the income guidelines to conform with the HUD's annual area median gross income limits for public housing. The income limits for the City's rebate programs will be set at 30% of the median family income (rounded to the nearest $250) and adjusted for the number of family members. Thirty percent (30%) of median income is consistent with the past levels that have been in place since the rebate programs began. The income limits for the Utility rebate program will be automatically updated by reference to Section 25-29, which is amended by the Ordinance. 17. First Reading of Ordinance No. 123, 1998, Authorizing Execution of an Amended and Restated Organic Contract Establishing Platte River Power Authority as a Separate Governmental Entity and an Amendment Extending the Term of the Contract for the Supply of Electric Power and Energy Between Platte River Power Authority and the City of Fort Collins. The Organic Contract between PRPA and the member cities of Estes Park, Fort Collins, Longmont and Loveland, was originally signed in 1975 and last amended in 1980. A change to the Organic Contract requires the approval of all four City Councils. The proposed amendment to the Contract for the Supply of Electric Power and Energy also extends the term of the Supply Contract from December 31, 2020 to December 31, 2040. 18. First Reading of Ordinance No.124,1998 Amending Ordinance No 170 1979 bythe Local Landmark Designation of the Certain Real Property Owned by Progressive Old Town Square, LLC, and by 238 East Mountain LLC Located Within the Perimeter of the Old Town Fort Collins Historic District, Fort Collins Colorado Pursuant to Chapter 14 of the City Code. This Ordinance designates certain real property, owned by Progressive Old Town Square, LLC, and by 238 East Mountain, LLC, located within the perimeters of the Old Town Fort Collins Historic District, and not previously specifically described as a part of the local landmark district in Ordinance No. 170, 1979, in order to conform the legal description to that intended. 127 July 7, 1998 The property owners of Progressive Old Town Square LLC, and 238 East Mountain LLC are Ed Stoner, President, and Brian Soukup, Managing Partner. While not opposing inclusion in the District, they are unable to sign a consent form for local landmark designation of their property without jeopardizing financial obligations. City Council, at its June 16, 1998 meeting, adopted Ordinance No. 102, 1998, amending Ordinance No. 170, 1979 by the local landmark designation of the public rights -of -way and certain other real property owned by the City of Fort Collins and by the Downtown Development Authority, located within the perimeter of the Old Town Fort Collins Historic District. This Ordinance would complete the process of reconciling the graphic description of the District with the legal description, by amending the boundaries of the Old Town Fort Collins Historic District through the non-consensual local landmark designation ofproperties located within the District which are owned by Progressive Old Town Square, LLC and 238 East Mountain, LLC. These properties meet the criteria for local landmark designation, having architectural, historical, and/or geographical importance to the Old Town Fort Collins Historic District and to Fort Collins. 19. First Reading of Ordinance No. 125, 1998 Designating the Mittry-Young House 1601 Sheely Drive, Fort Collins, Colorado, as a Historic Landmark Pursuant to Chanter 14 of the City Code. The owners of the property, Per and Veda Hogestad, are initiating this request for Local Landmark designation for their residence. The house is significant for its architectural importance, as an excellent example of Post World War H Contemporary design. 20. First Reading of Ordinance No. 126.1998, Designating the Kickland House and Garage 430 West Mountain Avenue, as a Local Landmark Pursuant to Chanter 14 of the City Code The owners of the property, James Kelly and Elizabeth Markey, are initiating this request for Local Landmark designation for their residence. The home is important as an excellent example of the Craftsman style of architecture in Fort Collins, as well as for its historical association with early physician Dr. William A. Kickland. 21. Items Relating to the Lincoln Junior High School 1 st and 2nd Annexations A. Resolution 98-100 Finding Substantial Compliance and Initiating Annexation Proceedings for the Lincoln Junior High School 1st Annexation. B. Resolution 98-101 Finding Substantial Compliance and Initiating Annexation Proceedings for the Lincoln Junior High School 2nd Annexation. 128 July 7, 1998 These are voluntary annexations, located within the Urban Growth Area of the City of Fort Collins. The City may annex property located within the Urban Growth Area Boundary, provided that the property has 1/6th contiguity with the existing City boundary. The proposed annexations known as the Lincoln Junior High 1st Annexation and Zoning and Lincoln Junior High School 2nd Annexation and Zoning comply with this requirement. The Lincoln Junior High 1st Annexation and Zoning is approximately 1.89 acres in size and is located on West Vine Drive, between North Shields Street and North Taft Hills Road. The proposed zoning for this annexation is UE-Urban Estate zone district. The Lincoln Junior High 2nd Annexation and Zoning is approximately 49 acres in size and is located on West Vine Drive, between North Shields Street and North Taft Hill Road. The existing use of the property is a junior high school. The proposed zoning for the annexation is UE-Urban Estate zone district. The proposed Resolutions state that it is the City's intent to annex this property and direct that the published notice required by State law be given of the Council's hearings to consider the needed annexation ordinances. The hearings will be held at the time of First Reading of the annexation ordinances on August 18, 1998. Not less than thirty days prior published notice is required by State law. 22. Resolution 98-102 Authorizing the City Manager to Submit the 1998-99 Fort Collins Consolidated Annual Action Plan. The City of Fort Collins 1998-99 Consolidated Annual Action Plan was drafted as a requirement of the U.S. Department of Housing and Urban Development (HUD) for those communities participating in Federal grant programs administered by HUD. The 1995-99 Consolidated Plan, approved by Council on July 18,1995, identified and set priorities in the community for those persons requiring housing assistance, human services and non -housing community development needs over the next five years. The one-year Action Plan identifies the projects which will carry out those priorities during the 1998-99 program year. 23. Resolution 98-103 Authorizing an Integrated Energy Design Assistance Program to Encourage the Efficient Use of Energy. The purpose of the Design Assistance Program is to partner with commercial and institutional customers to design buildings that do an outstanding job of fulfilling their intended function, while simultaneously having much lower energy -related operation and maintenance costs than buildings designed using conventional approaches. This can sometimes be achieved with a design process in which energy and environmental considerations are high priorities, and design is undertaken from a "whole -building" perspective. This alternative design approach is sometimes known as "integrated design." 129 July 7, 1998 It requires more front end work and cost, with the expectation of producing a better product and saving money in the long term. Integrated design was used very successfully on the Harmony Library. Users and staff have responded very positively to the Library's extensive use of daylighting. Compared with a new building built using conventional approaches, the Library is projected to use about 40% less energy and have significantly lower maintenance costs. This means more money available for library services, less spent for utility costs. Design fees increased but the construction budget did not. The design assistance program would use Electric Utility's funds to pay a portion of the incremental design fees associated with taking steps beyond conventional design. Buildings for which design assistance is provided become local examples that are intended to stimulate other successful projects. 24. Routine Easement. A. Deed of Easement from Anne Lucille and Marc Middel, to underground existing overhead electric services, located at 1407 South College. Monetary consideration: $10. Items on Second Reading were read by title by City Clerk Wanda Krajicek. 8. Second Reading of Ordinance No. 112, 1998 Appropriating Prior Year Use Tax CanZLover Reserves for the Manufacturer's Use Tax Rebate Program 9. Second Reading of Ordinance No 113 1998 Appropriating Storm Drainage Fund Prior Year Reserves into the Canal Importation Basin for the Acquisition of Right of Way and Design of Capital Improvements. 10. Items Relating to Grant Revenue to Fund Specialized Transportation Capital Acquisitions for Use in Providing Transportation Services to the Elderly and Disabled in Non -Urbanized Areas. A. Second Reading of Ordinance No. 114, 1998, Appropriating Unanticipated Revenue in the Transit Services Fund and Authorizing the Transfer of Appropriations to Be Used For Transit Services for the Elderly and Disabled in Non -Urbanized Areas. B. Second Reading of Ordinance No. 115, 1998, Appropriating Unanticipated Revenue in the Transit Services Fund and Authorizing the Transfer of Appropriations to Be Used For Transit Services in Non -Urbanized Areas. 130 July 7, 1998 11. Second Reading of Ordinance No. 116 1998 Appropriating Prior Year Savings Realized from Increased Productivity and Operating Efficiencies 12. Second Reading of Ordinance No. 117 1998 Authorizing the Transfer of Appropriations Between the UbLaa De artment in the General Fund and the Art in Public Places Reserve Account in the Cultural Services and Facilities Fund and Approving the Commission of "Forest Light". 28. Second Reading of Ordinance No 118 1998 Amending Chapter 5 Article IX of the City Code Regarding the Rebate of Impact Fees for Affordable Housing and Revising Related Program Regulations. Items on First Reading were read by title by City Clerk Wanda Krajicek. 13. First Reading of Ordinance No. 119, 1998 Appropriating Unanticipated Revenue and Authorizing the Transfer of Appropriations from the Storm Drainage Fund and the General Fund to the Flood Mitigation Fund. 14. First Reading of Ordinance No. 120 1998 Appropriating Unanticipated Revenue in the General Fund for the Police Services 1998 Drunk Driving Enforcement Program 15. First Reading of Ordinance No. 121, 1998 Amending the City Code to Increase the Library Capital Improvement Expansion Fee Consistent with the Current Level of Library Services 16. First Reading of Ordinance No. 122 1998 Amending Chapter 25 of the City Code Regarding Tax and Utility Rebates. 17. First Reading of Ordinance No. 123, 1998 Authorizing Execution of an Amended and Restated Organic Contract Establishing Platte River Power Authority as a Separate Governmental Entity and an Amendment Extending the Term of the Contract for the Supply of Electric Power and Energy Between Platte River Power Authority and the City of Fort Collins. 18. First Reading of Ordinance No.124,1998 Amending Ordinance No 170 1979 by the Local Landmark Designation of the Certain Real Property Owned by Progressive Old Town Square, LLC, and by 238 East Mountain LLC Located Within the Perimeter of the Old Town Fort Collins Historic District, Fort Collins Colorado Pursuant to Chanter 14 of the City Code. 19. First Reading of Ordinance No. 125 1998 Designating the Mittrv-Young House 1601 Sheely Drive, Fort Collins. Colorado as a Historic Landmark Pursuant to Chapter 14 of the City Code. 131 July 7, 1998 20. First Reading of Ordinance No. 126,1998 Designating the Kickland House and Garage 430 West Mountain Avenue, as a Local Landmark Pursuant to Chapter 14 of the City Code Councilmember Smith made a motion, seconded by Councilmember Mason, to adopt and approve all items not removed from the Consent Agenda. The vote on the motion was as follows: Yeas: Councilmembers Azari, Byrne, Kneeland, Mason and Smith. Nays: None. THE MOTION CARRIED. Staff Reports City Manager Fischbach gave a report on Fourth of July activities. Glenn Levy, PFA Battalion Chief /Emergency Manager, gave an update regarding planning that is taking place for an emergency notification system. He noted that the City received a $250,000 FEMA grant for emergency warning system enhancements, to be matched by a 25% in -kind contribution from the City. The City has been approved to proceed on five components of the early warning system: a stream and precipitation gauge system, an automatic dialing system, a City AM radio station, an enhancement to the cable TV notification system, and an educational system to notify citizens of these programs and what to do in an emergency. City funding was approved under consent agenda item #13. Councilmember Smith asked if some of these enhancements will utilize the City's web page. Levy noted that there will be access to the emergency notification systems from the web site. Mayor Azari commended KellyDiMartino, Public Information Officer, and staff volunteers for their work on the Fourth of July activities. Councilmember Kneeland expressed appreciation to Glenn Levy and the individuals he has worked with for their dedication to developing a state-of-the-art emergency warning system. 132 July 7, 1998 Councilmember Reports Councilmember Mason reported on the Growth Management Committee meeting of July 2. The Committee discussed Land Use Code changes concerning fuel sales at convenience stores in medium density neighborhood residential and neighborhood commercial districts. The Committee also discussed possible increases in Larimer County road and park fees, and land use options in the Mountain Visa Subarea Plan. Councilmember Byrne reported on the Finance Committee's discussions of the selection of an auditor and preparations for the next biennial budget, including the need for a strategic statement from Council. Councilmember Mason commented on the ordinance that was adopted concerning property tax and sales tax rebates to senior, low income and disabled individuals (Consent Agenda item #16). The Finance Committee discussed annual adjustments to the rebates. Councilmember Smith reported that Transportation Services Director Phillips was reelected to the Colorado Municipal League Executive Board. Fort Collins was awarded an honorable mention for innovative projects for the planning for a multimodal corridor along the Burlington Northern railroad tracks parallel to Mason Street. He also noted that Bill Becker of the Department of Energy gave a presentation on sustainable development, and Mr. Becker has been invited to visit Fort Collins. Councilmember Smith reported on a meeting with the Loveland City Council held last Monday to discuss joint municipal issues. Councilmember Byrne noted that survey data presented at the CML conference showed that Colorado residents are primarily concerned with growth, K-12 education, and transportation planning. Councilmember Mason highlighted Consent Agenda item #23 (Resolution 98-103 authorizing an integrated energy design assistance program to encourage the efficient use of energy). ("Secretary's Note: Councilmember Wanner arrived at 6:30 p.m.) 133 July 7, 1998 Resolution 98-104 Directing Staff to Identify Sites for a New Library to Be Located in the Downtown Area Adopted The following is staff s memorandum on this item. "Financial Impact The Building Community Choices Capital Improvement Program approved by the voters in April 1997, provides funding -for land acquisition for the new library ($2,300,000 in 1996 dollars). Annual appropriation ordinances will provide authorization for the expenditure of these funds between 1998 and 2005. Executive Summary On May 12, Council, the Library Board, the Cultural Resources Board, and the Parks and Recreation Board met in a Study Session to discuss site selection for a new library, a new performing arts center, and replacement of the Northside Aztlan Community Center. At the Study Session, Council expressed its agreement with the Library Board's recommendation that a site for a new library should be pursued in the downtown area and requested staff to prepare a Resolution to this effect. Only two sites were proposed for the new library through the Request for Proposal process. These included a site at Lemay and Lincoln and a general downtown location. The Library Board reviewed the two sites and recommended to Council that a site be acquired in the downtown area for a new library. A library in the downtown area is in keeping with the long-rangeplan for library services. A new library in the downtown could serve as the City's cultural, intellectual, and learning center, would enhance the vitality of the downtown area and would provide a cost-effective way to provide library services. No specific site in the downtown area has been identified for the new library. By adopting this Resolution, Council will direct staff to begin to identify sites in the downtown area that would be suitable for the new library. After sites have been identified, staff will return to receive Council's direction on acquisition of a specific site. Council also directed staff to define the "downtown area "for purposes ofsite selection to include an area generally bounded by Vine Drive, Whedbee Street, Mulberry Street, and Howes Street, except for the area north of Cherry Street and east of the Burlington Northern Railroad tracks in the area of Lee Martinez Park. " Mike Powers, CLRS Director, noted that this project came out of Building Community Choices. The resolution has been prepared in accordance with direction received from City Council. 134 July 7, 1998 Councilmember Wanner asked about the decision that one library is needed instead of branch libraries. Brenda Cams, Library Director, stated that information was gathered from other communities, and staff and the Library Board have developed projections concerning future library needs in the Fort Collins community. There are advantages to having a central main library as opposed to numerous branches. A main library provides the ability to provide more books and larger and more in-depth collections, saves money because of lower overhead costs, reduces costs by allowing technical services and systems administration to be located in that facility, and reduces the need for interlibrary loans. A large central library is also needed to house new technology used to access databases on - site and for training on how to access information. Councilmember Kneeland made a motion, seconded by Councilmember Smith, to adopt Resolution 98-104. Jackie Wallace, Library Board vice -chair, commented that it is important to have the main library downtown and to have one location for accessing information. Councilmember Smith supported a centralized civic library in the downtown, which should be a meeting place and focal point for the community. Councilmember Kneeland supported a downtown location and commented on the need for one main library with the infrastructure to have a larger book collection. Mayor Azari commended the Library Board and supported the resolution. She noted there is a need for both centralization and decentralization and a need to arrive at configurations to avoid duplication of capital and the greatest possible access. The vote on Councilmember Kneeland's motion was as follows: Yeas: Councilmembers Azari, Byrne, Kneeland, Mason, Smith and Wanner. Nays: None. THE MOTION CARRIED. 135 July 7, 1998 Ordinance No. 118,1998 Amending Chapter 5, Article IX of the City Code Regarding the Rebate of Impact Fees for Affordable Housing and Revising Related Program Regulations Adopted The following is staffs memorandum on this item. "Executive Summary The Development Impact Fee Rebate Program for affordable housing was established under the assumption that all qualifyingprojects would be located within the City limits and would have paid City impact fees. In 1996, the City Council established a policy that would permit proportional ("reduced') rebates of impactfees to affordable housingprojects located outside the city limits that were served by City utilities (water and/or sewer). Although most of the projects are still located inside the City limits, most of the undeveloped land inside the city is located south of Harmony Road or in the northeast, areas where utilities are provided by special purpose districts, rather than the City. Thus, affordable housing projects in these areas pay fees to special districts and not the City for utility services. Ordinance No. 118, 1998, which was unanimously adopted on First Reading on June 16, 1998 amends Section 5-356 of the Code regarding rebates so as to allow for offsetting payments to be made by the City to the developers of such affordable housing projects, even when the utilityfees paid by these developments have been paid to special districts. Language has been added to Section 5-358 of the Code on Second Reading to clarify that it is the City Manager, acting pursuant to administrative regulations approved by the City Council, who is responsiblefor approving or disapproving aparticularproposed rebate or offsettingpayment. This is consistent with the manner in which theprogram has been administered in thepast. The existing Code language is unclear as to whether the Council or the Manager is responsible for approving individual requests for rebates or offsetting payments. " Ken Waido, Chief Planner, gave background on the issue, noting that the proposed ordinance would include fees paid to special districts for utility services and other fees approved by City Council that are levied by other governmental entities as fees eligible for the rebate program. Scott McFadden, Bull Run developer, explained the significance of the rebate to his projects. The rebate serves as one of four sources of financing for this type of project. The rebate program provides between $500 and $1100 per unit, and other sources provide additional financing. Without the rebate of fees, the for profit developer would not have sufficient return to enter the market in affordable housing. Councilmember Smith asked if the $500 to $1,100 per unit is needed to push down the average median income target the housing units will serve. Mr. McFadden stated that pushing down the average median income will reduce the amount of debt for which the project will qualify. [arc, July 7, 1998 Councilmember Byrne asked if a project must utilize all four sources of financing and spoke concerning the impact of fluctuations in the interest rate. Mr. McFadden stated that projects are financed through of varied mix of funding sources. Bob Browning, Affordable Housing Board chair and President for Habitat for Humanity, stated that the Board is in support of the ordinance. Councilmember Smith made a motion, seconded by Councilmember Wanner, to adopt Ordinance No. It 8, 1998 on Second Reading. Councilmember Smith spoke ofthe difficulty ofproviding affordable housing and commended those who are able to make affordable housing projects work. City Manager Fischbach noted that he and the Mayor met with Larimer County Commission Chair Cheryl Olson and County Manager Frank Lancaster to discuss the significance and complexity of furnishing affordable housing, and the County will be focusing more on its role in affordable housing. A City Council/County Commissioners study session to discuss possible areas of cooperation on affordable housing will be scheduled. Councilmember Byme noted he had a recent tour of affordable housing sites and commented on the importance of affordable housing for the future of the community. The vote on Councilmember Smith's motion was as follows: Yeas: Councilmembers Azari, Byrne, Kneeland, Mason, Smith and Wanner. Nays: None. THE MOTION CARRIED. Ordinance No. 124,1998, Amending Ordinance No. 170, 1979, by the Local Landmark Designation of the Certain Real Property Owned by Progressive Old Town Square, LLC, and by 238 East Mountain, LLC, Located Within the Perimeter of the Old Town Fort Collins Historic District, Fort Collins, Colorado, Pursuant to Chapter 14 of the City Code Adopted on First Reading. The following is staffs memorandum on this item. "Executive Summary This Ordinance designates certain real property, owned by Progressive Old Town Square, LLC, and by 238 East Mountain, LLC, located within the perimeters of the Old Town Fort Collins Historic 137 July 7, 1998 District, and not previously specifically described as a part of the local landmark district in Ordinance No. 170, 1979, in order to conform the legal description to that intended. The property owners of Progressive Old Town Square LLC, and 238 East Mountain LLC are Ed Stoner, President, and Brian Soukup, Managing Partner. While not opposing inclusion in the District, they are unable to sign a consent form for local landmark designation of their property without jeopardizing financial obligations. City Council, at its June 16, 1998 meeting, adopted Ordinance No. 102, 1998, amending Ordinance No. 170, 1979 by the local landmark designation of the public rights -of -way and certain other real property owned by the City of Fort Collins and by the Downtown Development Authority, located within theperimeter ofthe Old Town Fort Collins Historic District. This Ordinance would complete the process of reconciling the graphic description of the District with the legal description, by amending the boundaries of the Old Town Fort Collins Historic District through the non-consensual local landmark designation ofproperties located within the District which are owned by Progressive Old Town Square, LLC and 238 East Mountain, LLC. These properties meet the criteria for local landmark designation, having architectural, historical, and/or geographical importance to the Old Town Fort Collins Historic District and to Fort Collins. On December 18, 1979, the Old Town Fort Collins Historic District was designated as a local landmark district by Ordinance No. 170, 1979. The district generally includes the area bounded by North College Avenue, Pine Street, Jefferson Street between Pine and the alley east ofLinden Street, and a portion of the 200 Block of East Mountain Avenue. Designation of the area as a local landmark district gives the City review of all exterior changes and demolitions by the Landmark Preservation Commission, or in the case ofcertain signage, to the City's historic preservation staff. Since the creation of the district in 1979, the property owners in the district, including Progressive Old Town Square LLC, 238 East Mountain, LLC, the Landmark Preservation Commission, and City staff, have operated under the assumption that all of the property within the general boundaries of the district, including streets and alleys and the Old Town Plaza, was included in the district and, therefore, was subject to design review. Staff has discovered that there is a discrepancy between the written legal description used to create the district and the map used to delineate the district boundaries. The legal description describes only the lots in the general boundary ofthe district and inadvertently excluded street (and alley) rights -of -way and other real property such as the Old Town Plaza. The map accompanying the district designation documents reflected the intention that the public rights -of -way and other real property be included in the district. The City Attorney's Office has recommended that the Council adopt this Ordinance in order to reconcile the discrepancy between the legal description and the graphic description. Over the past 19 years, Landmark Preservation Commission has reviewed a number of projects within the open areas and public rights -of -way, including the placement of benches, planters and kiosks; the Old Town Square project; banners and signage for Old Town Square; several outdoor 138 July 7, 1998 patios and/or eating areas; and the recent Linden Street improvements project. These areas are generally very visible to the public and, as such, are a logical part of the district. City staff considers the correction as housekeeping, and would not change how requests for these areas have been handled for the past 19 years. " Mike Smith, Utilities Director, stated that this amendment to the contract among four municipalities that created Platte River Power Authority would allow PRPA to enter into other businesses, such as telecommunications, and would allow PRPA to sell electricity at retail. The amendment would also extend the term of the contract to 40 years. Councilmember Mason stated that he was concerned initially about the provision allowing PRPA to provide additional functions, services and facilities with the approval of two of the four municipalities, possibly creating a financial liability for the City without the City's approval. Mike Smith stated that the amendment is geared toward the issue of telecommunications, and the municipalities that choose to participate will share in the cost while any nonparticipating entity will not. Mayor Azari spoke of the importance of cooperative efforts with other municipalities and also the need for the City to have flexibility in dealing with deregulation. John Wittemyer, Platte River Power Authority General Counsel, spoke concerning the importance of the forty -year contract for issuance of bonds and for negotiation on items such as leases. Councilmember Smith asked if the extending the contract term creates any limitations for the City in the event of future changes in the industry. Mr. Wittemyer stated that PRPA can be terminated by a vote of four City Councils, and the only limitation on termination is paying off the debt. Councilmember Mason asked for confirmation that although the contract amendment allows PRPA to sell retail power, that PRPA will not attempt to sell power to City customers without the permission of the City. Mayor Azari commented on the importance of PRPA in keeping electric rates in northern Colorado competitive. Councilmember Byrne asked about the schedule for completing the fiber optic backbone. Mike Smith spoke concerning potential revenue and opportunities that will arise as a result of completing the fiber optic backbone. Mr. Wittemyer stated that telecommunications will be very competitive and municipalities will be better able to participate by working together through entities such as PRPA. This action will enable PRPA to do as much as is allowed by state law. 139 July 7, 1998 John Duval, Assistant City Attorney, stated that other decisions will be brought to the Council as negotiations continue between PRPA and telecommunications providers. Councilmember Kneeland noted that this would increase the City's flexibility, options and control over resources. She commented on the importance of asking the Telecommunications Board to review items such as this. Councilmember Smith noted that the term "energy services" is broad and asked if there could be confusion in the future over what is included. Councilmember Kneeland made a motion, seconded by Councilmember Smith, to adopt Ordinance No. 123, 1998 on First Reading. Councilmember Kneeland supported this item as needed to position the City to be prepared for what is happening in the utility and telecommunications industries. Councilmember Byrne supported the item and noted rapid changes in the telecommunications industry. Councilmember Smith commented on regional cooperation and the rapidly changing telecommunications industry. Mayor Azari spoke concerning the value of cooperative efforts and the importance of allowing PRPA to continue to help build the region's capacity to be competitive in the electric utility. The vote on Councilmember Kneeland's motion was as follows: Yeas: Councilmembers Azari, Byrne, Kneeland, Mason, Smith and Wanner. Nays: None. THE MOTION CARRIED. Other Business Resolution 98-105 Authorizing Acquisition by Eminent Domain Proceedings of Certain Property Necessary for the Construction of the Civic Center Parking Structure Adopted The following is staff's memorandum on this item. 140 July 7, 1998 "Financial Impact The estimated acquisition costs have been included in the project budget. Executive Summary Staff and consultants have completed the preliminary design and a public participation process over the last three months. Staff will be presenting the conceptual design ofthe project to Council on the July 21st agenda for its consideration. The planned Civic Center Parking Structure is a five -level, 905spacepublicparkingstructurewithcommercialstoresatthestreetlevel. Theparking structure will provide parking for monthly parking customers as well as the general public. The structure is to accommodate parking for the future Justice Center, existing public entities, as well as adjacent retail and business establishments. The requested eminent domain action is a precautionary measure since the property owners have been very supportive of the project. However, agreement terms have not been finalized. Since the timing for the issuance of Certificates of Participation for the construction of the Civic Center Facilities is a critical timeline for the project, it is necessary to take this step in the eminent domain process while negotiations continue, because such negotiations have been unsuccessful to date. City Council is being asked to authorize eminent domain proceedings for this parcel, owned by Alden T. Hill and Alden V. Hill, as tenants in common, in order to allow legal proceedings to begin if necessary. Staff will continue to work with the property owners in an attempt to reach a negotiated settlement. " Frank Bruno, Assistant City Manager, presented background on the issue and the need to commence eminent domain proceedings. Councilmember Kneeland asked if this is type of action has been typical this early in negotiations. Bruno stated that this is a formality rather than a negative step to have the ability to move forward with acquisition and to help determine the fair market value of the property. Steve Roy, City Attorney, spoke concerning the need for eminent domain proceedings at this stage in the negotiations. He noted that timing can be critical because of statutes that require a thirty -day waiting period after the date of service of process to the date of an immediate possession hearing. Councilmember Byrne asked about the percentage of property that has already been acquired for the parking structure and about mechanisms used to arrive at a fair market price. Roy stated that the eminent domain proceeding is a mechanism to help determine a fair market price. 141 July 7, 1998 Councilmember Smith made a motion, seconded byCouncilmember Mason, to adopt Resolution 98- 105. The vote on the motion was as follows: Yeas: Councilmembers Azari, Byrne, Kneeland, Mason, Smith and Wanner. Nays: None. THE MOTION CARRIED. Other Business Councilmember Smith made a motion, seconded by Councilmember Mason, to recognize the efforts of Kelly DiMartino and all those partners who participated in the Fourth of July celebration. The vote on the motion was as follows: Yeas: Councilmembers Azari, Byrne, Kneeland, Mason, Smith and Warmer. Nays: None. THE MOTION CARRIED. Adjournment Councilmember Smith made amotion, seconded by Councilmember Byrne, to adjourn into executive session to discuss legal matters relating to trash redistricting. The vote on the motion was as follows: Yeas: Councilmembers Azari, Byme, Kneeland, Mason, Smith and Wanner. Nays: None. THE MOTION CARRIED. The meeting adjourned into executive session at 7:50 p.m. and reconvened at 8:50 p.m. following the executive session. Mayor Azari reported on the U.S. Conference of Mayors and discussions concerning sustainable community partnerships and economic development. She also suggested that Surgeon General David Satcher be invited to visit Fort Collins, perhaps in cooperation with CSU and Larimer County. Councilmember Kneeland suggested looking at ways to utilize community resources, including the private sector, to work on the issue of a sustainable and healthy economy. Councilmember Byme spoke concerning the issue of sprawl and noted proposals up to the federal level for legislation dealing with sprawl. Councilmember Smith made a motion, seconded by Councilmember Mason, to adjourn the meeting to 6:00 p.m. on July 14,1998 to conduct the mid -year evaluations of the CityManager, City Attorney and Municipal Judge. The vote on the motion was as follows: Yeas: Councilmembers Azari, Byrne, Kneeland, Mason, Smith and Wanner. Nays: None. 142 THE MOTION CARRIED. The meeting adjourned at 9:05 p.m. ATTEST: City Clerk 143 July z 1998