Loading...
HomeMy WebLinkAboutMINUTES-07/06/1999-RegularJuly 6,1999 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 6, 1999, 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: Bertschy, Byrne, Kastein, Martinez, Mason, Wanner and Weitkunat. Staff Members Present: Fischbach, Krajicek, Roy. Citizen Participation John Meleski, 2619 Featherstar Way, expressed concerns regarding the current boards and commissions review and stated that Council has become reactive rather than proactive with regard to making policy. Swede Anderson, 1608 Linden Lake Road, spoke regarding the need for creative ways to move the truck route out of the downtown stated there had been and a change in the name of the citizen group he represented to "Citizens for a True Bypass Year 2005." Kelly Ohlson, 2040 Bennington Circle, spoke regarding staffproposals in the upcoming Citybudget and the need for adequate funding for CityPlan inspection enforcement and air and water quality monitoring. Citizen Participation Follow-up Councilmember Mason stated that the Council values advice from the boards and commissions, staff and the public even though the Council is not always able to follow such advice. CouncilmemberBertschy thanked the citizen group for continuing to work on bypass issues. He also requested a staff report regarding prioritization of the budget items mentioned by Mr. Ohlson and spoke in support of making CityPlan inspection and enforcement a priority. Mayor Martinez thanked the citizen group for its work on bypass issues. Agenda Review City Manager Fischbach stated that there were no changes to the published agenda. 334 July 6, 1999 Kelly Ohlson, 2040 Bennington Circle, requested that item #25 Resolution 99-87 Making Appointments to Various Boards and Commissions be withdrawn from the Consent Calendar. Randy Fischer, 3007 Moore Lane, requested that item #18 First Reading of Ordinance No. 113, 1999, Authorizing the Conveyance of a Non -Exclusive Easement for the Construction of Flood Control Structures in and along the Poudre River in the Archery Range Natural Area to Boxelder Sanitation District be withdrawn from the Consent Calendar. CONSENT CALENDAR 7. Consideration and approval of the Council meeting minutes of June 1 and June 15 1999 8. Second Reading of Ordinance No. 100 1999 Appropriating Unanticipated Revenue in the General Fund for Facade Restoration of 328 Remington Street the Historic 1904 First Baptist Church. Ordinance No. 100, 1999, which was unanimously adopted on First Reading on June 15, 1999, appropriates unanticipated revenue for the restoration of 328 Remington Street (the historic 1904 First Baptist Church) which will become the "Old Town School for Film, Theatre and Dance." 9. Second Reading of Ordinance No. 101 1999 Appropriating Unanticipated Revenue in the General Fund and Authorizing the Transfer ofAppropriated Amounts Between Accounts and Projects for Rehabilitation of the Nelson Milk House Ordinance No. 101, 1999, was unanimously adopted on First Reading on June 15, 1999 and appropriates unanticipated revenue in the amount of $10,000 for the rehabilitation of 1035 East Swallow, the Nelson Milk House in Spencer Park. It also authorizes the transfer of matching funds from Parks and Advance Planning budgets. 10. Second Reading of Ordinance No 102 1999 Appropriating Prior Year Reserves for Equipment Replacement. In accordance with the City's Administrative Policy on Equipment Replacement, departments in the General Fund set aside or reserve a portion of their budgets for scheduled future equipment replacement. Departments/divisions have requested use oftheir equipment replacement reserves and the City Manager has approved the appropriations for Council consideration. Ordinance No. 102,1999, was unanimously adopted on First Reading on June 15, 1999. 335 July 6, 1999 11. Items Ratifying the Actions of the Water Wastewater, and Stormwater Utility Enterprise Boards. A. Second Reading of Ordinance No. 103, 1999, Ratifying Appropriations of Bond Proceeds in the Water Fund. B. Second Reading of Ordinance No. 104, 1999, Ratifying Appropriations of Bond Proceeds in the Wastewater Fund. C. Second Reading of Ordinance No. 105, 1999, Ratifying Appropriations of Bond Proceeds in the Storm Drainage Fund. Prior to 1999, the appropriation of all amounts relating to each bond issue was included in each bond ordinance. However, the City Charter grants only the Council the power to appropriate funds. Therefore, this action by the Council is recommended in order to ensure that bond proceeds for the utilities have been properly appropriated. These ordinances, which were unanimously adopted on First Reading on June 15, 1999, ratify the previous actions of the Utility Enterprise Boards with regard to appropriations relating to all water, wastewater, and stormwater utility bonds issued between 1993 and 1998. 12. Second Readins of Ordinance No 106 1999 Authorizing the Mayor to Execute a Deed Granting a Public Access Easement to Fetco II LLC Ordinance No. 106, 1999, which was unanimously adopted on First Reading on June 15, 1999, authorizes the Mayor to sign a deed granting to Fetco II, LLC an easement on Tract E, Shenandoah P.U.D., First Filing. 13. Second Reading of Ordinance No. 107 1999 Appropriating Unanticipated Revenue in the Transportation Services Fund and Authorizing the Transfer ofAp_propriations from the Street Oversizing Fund to the Transportation Services Fund for the Construction of Traffic Signals and Improvements at the Intersection of County Road 32 and Timberline Road The City of Fort Collins successfully applied for Federal Highway STU funds for the construction of a needed traffic signal at the intersection of County Road 32 and Timberline Road. The project also entails adding left turn lanes at the intersection to improve the efficiency of the intersection. Construction of the traffic signal is scheduled for the Fall of 1999. Ordinance No. 107, 1999 was unanimously adopted on First Reading on June 15, 1999. 336 July 6, 1999 14. Items Relating to the Design and Construction of Harmony Road Bike Lanes A. Resolution 99-79 Authorizing the Mayor to Enter into a Contract with the Colorado Department of Transportation for the Design and Construction of Harmony Road Bike Lanes. B. First Reading ofOrdinance No. 108, 1999, Appropriating Unanticipated Revenue and Prior Year Reserves in the Transportation Services Fund and Authorizing the Transfer of Appropriations to be Used for the Design and Construction of Phase Three of the Harmony Road Bikeway Project. The contract between the City and CDOT will allow for work to proceed to prepare final design documents and construction of third phase of the Harmony Road bikelane project. 15. Items Relating to the Johnson -Harmony Annexation and Zoning A. Resolution 99-80 Setting Forth Findings of Fact and Determinations Regarding the Johnson -Harmony Annexation. B. First Reading of Ordinance No. 109, 1999, Annexing Property Known as the Johnson -Harmony Annexation to the City of Fort Collins. C. First Reading of Ordinance No. 110, 1999, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Johnson -Harmony Annexation. This is an annexation and zoning of approximately 63.265 acres in size encompassing 61.468 acres of private land and 1.797 acres dedicated for Cinquefoil Lane right-of-way. The subject annexation is located south of East Harmony Road and east of Cambridge Avenue. The property has rural agricultural uses and is in the FA -I Farming District in Larimer County. The recommended zoning is the Harmony Corridor District (HC). This is a 100% voluntary annexation. APPLICANT: Lester M. Kaplan 1060 Sailors Reef Fort Collins, CO 80525 337 July 6, 1999 OWNERS: Glen Johnson-3432 Carlton Avenue, Fort Collins, CO 80525 Jean Johnson-3432 Carlton Avenue, Fort Collins, CO 80525 Donald LeFever-4710 Cinquefoil Lane, Fort Collins, CO 80525 Dorothy LeFever-4710 Cinquefoil Lane, Fort Collins, CO 80525 16. First Reading of Ordinance No.111 1999 Authorizing the Conveyance of a Non Exclusive Easement for an Electrical Substation to the City of Loveland on Fort Collins Loveland Municipal Aimort Property. The Cities of Fort Collins and Loveland each own a fifty -percent share of the Fort Collins - Loveland Municipal Airport. The City of Loveland has asked for approval from the City of Fort Collins to acquire an easement of approximately three acres in order to construct an electrical power substation. The substation will provide improved service to residents in the vicinity of the Airport, and the Airport itself over time. 17. First Reading of Ordinance No.112 1999 Authorizing the Mayor to Execute a Quit Claim Deed Conveying to the Shenandoah Land Limited Liability Company Certain Tracts of Land in the Shenandoah P.U.D. First Filing Ordinance No. 112, 1999, authorizes the conveyance to the original owners of Tracts A, B, C, D, E and F in the Shenandoah P.U.D. First Filing that were erroneously deeded to the City at the time of development in the Shenandoah First Filing development. These tracts of land were designated on the development plans as future building sites and open spaces intended for use by the owners of the development. The City does not want to own or maintain these tracts of land. Therefore, Council is asked to authorize the Mayor to execute a quit claim deed conveying these lands back to the Shenandoah Land Limited Liability Company. 18. First Reading of Ordinance No. 113 1999 Authorizing the Conveyance of a Non Exclusive Easement for the Construction of Flood Control Structures in and along the Poudre River in the Archery Range Natural Area to Boxelder Sanitation District During the April 30 — May 1 high water on the Cache La Poudre River, a section of the embankment near the Boxelder Sanitation District Treatment Plant was damaged. Boxelder Sanitation District is working the Army Corps of Engineers under the Corps Emergency Stream Bank Erosion Protection Program to stabilize the river embankment and protect the District's treatment facilities. All the proposed work is west of Boxelder Creek. The proj ect consists of removal of one half of a rip rap revetment structure on the right bank, placing stone -toe revetment or rip rap along the left bank of the river, windrow revetment in the channel, and a rock sill control structure as detailed in the Corps of Engineers public notice. This scope of work protects the District's existing lagoons. Approximately 0.1 acres of wetlands will be impacted by the project and will be mitigated at a ratio of 1:1. 9XV July 6, 1999 19. Items Relating to Camera Radar and Red -Light Camera Enforcement Systems A. Resolution 99-81 Approving Extension of the ATS-REDFLEX, LLC (American Traffic Systems) Agreement as an Exception to the Competitive Purchasing Process. B. First Reading of Ordinance No. 114, 1999, Appropriating Unanticipated Revenue in the General Fund for the Use of Camera Radar and Red -Light Cameras to Enforce Traffic Violations. Resolution 99-81 would authorize a one-year extension of the agreement with ATS to provide Traffic Camera services to the City of Fort Collins. Ordinance No. 114,1999, would appropriate the revenue received through the camera radar and red light enforcement systems. The bulk of the revenue would be utilized to fulfill the City's obligations under its agreement with ATS. The balance of the revenue received would be utilized to defray costs incurred by the City in connection with its use of the camera radar and red-light camera systems or other programs intended to address the City's current traffic problems. Each year since the inception of the program, appropriated funds have been earmarked for these purposes. 20. Resolution 99-82 Authorizing the City Manager to Submit the 1999-2000 Fort Collins Consolidated Annual Action Plan. The City of Fort Collins 1999-2000 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 CDBG and HOME funded projects which will cant' out those priorities during the 1999- 2000 program year and which were approved for funding by Council at its June 1, 1999 meeting. 21. Resolution 99-83 Authorizing an Exemption to the Use of a Competitive Process for Facade Restoration of the 1904 First Baptist Church 328 Remington Street This request is for an exemption to the competitive process for University Designers and Builders, as the contractor for the restoration of the 1904 First Baptist Church Rehabilitation, 328 Remington Street in the Old Town Fort Collins Historic District. 339 July 6, 1999 The City of Fort Collins has been awarded a State Historical Fund grant in 1999 by the Colorado Historical Society. The purpose of the grant is to rehabilitate the interior and exterior of the historic 1904 First Baptist Church in Fort Collins. The building owner selected University Designers and Builders based on their exemplary recent restoration of the Trimble and Barkley Blocks in Fort Collins. The State Historical Fund encourages spin-off projects from previous successful grant awards. Historic preservation is a specialized field that requires knowledge of historical construction and preservation engineering. The firm's restoration reputation with the State Historical Fund also was an added incentive for the project to receive the grant. 22. Resolution 99- 84 Finding Substantial Com liance and initiating Annexation Procedures for the Willow Brook First Annexation. This is a request for a 100% voluntary annexation. The property being considered for annexation is approximately 39.41 acres ofprivately owned property located west of County Road 7 and north of County Road 36. The existing use of the property is agricultural in Larimer County. The proposed zoning for this annexation is LMN — Low Density Mixed - Use Neighborhood District. The proposed Resolution states that it is the City's intent to annex this property and directs that the published notice required by State law be given of the Council's hearing to consider the needed annexation ordinance. The hearing will be held at the time of First Reading of the annexation and zoning ordinances on August 17, 1999. Not less than thirty days prior published notice is required by State law. 23. Resolution 99-85 Finding Substantial Compliance and Initiating Annexation Proceedings for the Willow Brook Second Annexation. This is a request for a 100% voluntary annexation. The property being considered for annexation is approximately 75.22 acres of privately owned property located west of County Road 7 and north of County Road 36. The existing use of the property is agricultural in Latimer County. The proposed zoning for this annexation is LMN — Low Density Mixed - Use Neighborhood District. The proposed Resolution states that it is the City's intent to annex this property and directs that the published notice required by State law be given of the Council's hearing to consider the needed annexation ordinance. The hearing will be held at the time of First Reading of the annexation and zoning ordinances on August 17, 1999. Not less than thirty days prior published notice is required by State law. 340 July 6, 1999 24. Resolution 99-86 Making an Amendment to the Boards and Commissions Manual as it Relates to Membership Limitations The City of Fort Collins began the General Employees Retirement Plan in 1971. Section 21- 87 of the City Code provides for an administrative committee consisting of six members. Three members of the Committee are to be employees covered by the Retirement Plan. The fourth may be another employee covered by the Plan or a tax paying elector of the City. The fifth appointee is to be a retired member of the Plan who is receiving a monthly benefit from the Plan. The Director of Finance serves as a standing member of the Committee. The fiduciary responsibility of the members of the Committee is to the Plan. Historically, Council has appointed employees to the Committee without regard to residency within the Urban Growth Area of the City. Council has adopted a Boards and Commissions Manual, maintained by the City Clerk, which summarizes the duties, composition, membership, limitations and responsibilities of the City's boards and commissions. In the Manual, the membership limitations provide that all persons appointed to or serving on any board or commission shall be residents of the Fort Collins Urban Growth Area or residents of City -owned property located outside the Urban Growth Area. 25. Resolution 99-87 Making Appointments to Various Boards and Commissions Vacancies currently exist on various boards and commissions due to resignations of board members and the expiration of terms of members of boards and commissions. Applications were solicited during March and April. Council received copies of the applications and Council teams interviewed applicants during May and June. This Resolution makes 16 appointments to 6 boards and commissions. Names of those individuals recommended for appointment by each Council interview team have been inserted in the Resolution. Interviews will be scheduled for the Urban Growth Area Review Board in conjunction with Larimer County. Readvertising will be taking place for one vacancy to be filled on the Zoning Board of Appeals. These recommendations will be scheduled for later this summer. 26. Routine Easements. A. Easement from Beth Bergen to install an oval vault to underground existing overhead electric system, located at 542 South Taft Hill. Monetary consideration: $100. 341 July 6, 1999 B. Easement from James Arvidson, to install an oval vault to underground existing overhead electric system, located at 700 South Taft Hill Road. Monetary consideration: $80. C. Drainage Easement from Western VII Investment, LLC, located east of Taft Hill Road and South of Harmony Road. Monetary consideration: $0. D. Waterline Easement from GP Ventures LLP, located south of Horsetooth and west of Timberline Road. Monetary consideration: $10. E. Temporary Grading Easement from Robert A. Russell, Tuileries Condominiums, LLLP, and RFG Management, Inc., located east of South Shields Street and south of Wabash. Monetary consideration: $10. F. Utility and Drainage Easement from Homes of Distinction, Inc., located south of County Road 38 and west of Taft Hill Road. Monetary consideration: $0. G. Deed of Dedication for Utility Easement from University/QV LLC, located west of College between Drake and Shields. Monetary consideration: $10. H. Deed of Dedication from Kingston Associates, LLC, for stormwater and an irrigation system, located on Tract F, Fairbrooke Track A, Fort Collins. Monetary consideration: $0. I. Easement Dedication from Arcon, Inc., for an access, drainage, and utility easement, located east of Blue Spruce Drive. Monetary consideration: $10. J. Temporary Turnaround Easement from Storybook Farm, LLC, located north of Mountain Vista Drive and east of County Road 11. Monetary consideration: $0. K. Detention Pond Easement from Storybook Farm, LLC, located north of Mountain Vista Drive and east of County Road 11. Monetary consideration: $0. L. Stormwater Retention Pond Easement from Poudre School District, located north of Mountain Vista Drive and east of County Road 11. Monetary consideration: $0. M. Easement from Gerald J. and Janice E. Wuerker, to underground existing overhead electric services, located at 501 Maple. Monetary consideration: $10. N. Easement from Poudre Development, Ltd., to install electric concrete vault, located on the southwest corner of Buckingham and First Street. Monetary consideration: $1500. 342 July 6, 1999 Ordinances on Second Reading were read by title by City Clerk Wanda Krajicek. 8. Second Reading of Ordinance No 100 1999 Appropriating Unanticipated Revenue in the General Fund for Facade Restoration of 328 Remington Street the Historic 1904 First Baptist Church. 9. Second Reading of Ordinance No. 101 1999 Appropriating Unanticipated Revenue in the General Fund and Authorizing the Transfer of Appropriated Amounts Between Accounts and Projects for Rehabilitation of the Nelson Milk House 10. Second Reading of Ordinance No 102 1999 Appropriating Prior Year Reserves for Equipment Replacement. 11. Items Ratifying the Actions of the Water Wastewater, and Stormwater Utility EntgMrise Boards. A. Second Reading of Ordinance No. 103, 1999, Ratifying Appropriations of Bond Proceeds in the Water Fund. B. Second Reading of Ordinance No. 104, 1999, Ratifying Appropriations of Bond Proceeds in the Wastewater Fund. C. Second Reading of Ordinance No. 105, 1999, Ratifying Appropriations of Bond Proceeds in the Storm Drainage Fund. 12. Second Reading of Ordinance No 106 1999 Authorizing the Mayor to Execute a Deed Granting a Public Access Easement to Fetco II LLC 13. Second Reading of Ordinance No 107 1999 Appropriating Unanticipated Revenue in the Transportation Services Fund and Authorizing the Transfer of Appropriations from the Street Oversizing Fund to the Transportation Services Fund for the Construction of Traffic Signals and Improvements at the hitersection of County Road 32 and Timberline Road. 343 July 6, 1999 Ordinances s on First Reading were read by title by City Clerk Wanda Krajicek. 14. First Reading of Ordinance No 108 1999 Appropriating Unanticipated Revenue and Prior Year Reserves in the Transportation Services Fund and Authorizing the Transfer of Appropriations to be Used for the Design and Construction of Phase Three of the Harmony Road Bikeway Project. 15. Items Relating to the Johnson -Harmony Annexation and Zoning A. First Reading of Ordinance No. 109, 1999, Annexing Property Known as the Johnson -Harmony Annexation to the City of Fort Collins. B. First Reading of Ordinance No. 110, 1999, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Johnson -Harmony Annexation. 16. First Reading of Ordinance No.111 1999 Authorizing the Conveyance of a Non Exclusive Easement for an Electrical Substation to the City of Loveland on Fort Collins Loveland Municipal Airport Property. 17. First Reading of Ordinance No 112 1999 Authorizing the Mayor to Execute a Quit Claim Deed Convening to the Shenandoah Land Limited Liability Company Certain Tracts of Land in the Shenandoah P.U.D. First Filing 18. First Reading of Ordinance No. 113 1999 Authorizing the Conveyance of a Non Exclusive Easement for the Construction of Flood Control Structures in and along the Poudre River in the Archery Range Natural Area to Boxelder Sanitation District 19. First Reading of Ordinance No 114 1999 Appropriating Unanticipated Revenue in the General Fund for the Use of Camera Radar and Red -Light Cameras to Enforce Traffic Violations. Councilmember Mason made a motion, seconded by Councilmember Wanner, to adopt and approve all items not withdrawn from the Consent Calendar. The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Byrne, Kastein, Martinez, Mason, Wanner and Weitkunat. Nays: None. THE MOTION CARRIED. 344 July 6, 1999 Consent Calendar Follow-up City Manager Fischbach spoke regarding item #19Items Relating to Camera Radar and Red -Light Camera Enforcement System and the positive impact of camera radar on the accident rate and speeding. Councilmember Mason called attention to item #14Items Relating to the Design and Construction of Harmony Road Bike Lanes. Councilmember Reports Councilmember Byrne reported on the North Front Range Transportation Air Quality Planning Council discussions regarding air quality, the Highway 14/1-25 interchange improvements, and regional transportation planning. Councilmember Mason reported on Finance Committee discussions regarding affordable housing issues, electric deregulation, the 1997 management letter from external auditors, internet sales tax impacts, and financial impacts of annexation. Councilmember Bertschy reported on Governance Committee discussions regarding possible Code and Charter amendments. Ordinance No. 113,1999, Authorizing the Conveyance of a Non-exclusive Easement for the Construction of Flood Control Structures in and along the Poudre River in the Archery Range Natural Area to Boxelder Sanitation District Adopted on First Reading The following is staffs memorandum on this item. "Financial Impact The Boxelder Sanitation District, partially funded by and in cooperation with the U.S. Army Corps of Engineers, will be responsible for all costs associated with the stabilization of the embankment. The City will be compensated fair market value of the easement as consideration. This amount will be determined prior to second reading. Executive Summary During the April 30—May I high water on the Cache La Poudre River, a section ofthe embankment near the Boxelder Sanitation District Treatment Plant was damaged. Boxelder Sanitation District is working with the Army Corps of Engineers under the Corps Emergency Stream Bank Erosion Protection Program to stabilize the river embankment and protect the District's treatment facilities. 345 July 6, 1999 All the proposed work is west of Boxelder Creek. The project consists of removal of one half of a rip rap revetment structure on the right bank, placing stone -toe revetment or rip rap along the left bank of the river, windrow revetment in the channel, and a rock sill control structure as detailed in the Corps of Engineers public notice. This scope of work protects the District's existing lagoons. Approximately 0.1 acres of wetlands will be impacted by the project and will be mitigated at a ratio of 1:1. In order to allow this work to proceed and provide for on -going maintenance of the related improvements, the District needs an easement on property owned by the City of Fort Collins. The work as proposed by the Corps of Engineers has been reviewed by the City of Fort Collins Utilities and Natural Resources staff. Staff recommends granting the easement. The compensation amount to be paid for the easement, representing its fair market value, has not been determined as this agenda item summary is finalized. However, a compensation amount will be inserted in the Ordinance on second reading. A drawing showing the easement area and additional information regarding the proposed improvements is attached. The District has also proposed additional related work on City property in the vicinity ofthis project that City staff is currently reviewing. Any additional easement grants recommended by City staff will be presented for Council consideration and approval at a later date. " Jim Hibbard, Water Distribution and Collection Manager, gave a brief presentation regarding the agenda item and stated that staff is recommending approval. Councilmember Mason asked how long the existing structures have been in place. Bob Smith, Stormwater Utility Manager, stated that the structures were put in place after the filtration plant. Councilmember Bertschy asked about flooding impacts in the area. Bob Smith spoke regarding erosion and flooding that occurred in during the April rains. Randy Fischer, 3007 Moore Lane, Floodplain Regulations Task Force and Natural Resources Advisory Board member, outlined five reasons for opposing the proposal: (1) it compromises a City - owned natural area; (2) it compromises the community's vision for the Poudre River; (3) it may not be in the best interest of the City, (4) stronger floodplain regulations are needed; and (5) the matter needs to be discussed in an open forum. He stated that the Natural Resources Advisory Board has not reviewed this matter and asked that the proposal easement be modified. Kelly Ohlson, 2040 Bennington Circle, Natural Resources Advisory Board member, stated that the issue should have come before the Board and requested delay or postponement to allow time to develop a "soft" environmental solution. 346 July 6, 1999 Mayor Martinez asked why the matter was not referred to the Natural Resources Advisory Board. City Manager Fischbach stated that the Boxelder Sanitation District has a problem that poses a significant threat to the health and safety of the community. W. Dean Smith, Boxelder Sanitation District Manager, explained the need for the easement, the urgency of the matter as far as obtaining funding, and the intent of the District and the Corps of Engineers to protect the river and the environment. Councilmember Weitkunat asked for clarification that the purpose of the easement is to provide access to get to the problem area. Councilmember Bertschy asked about the management objectives for the natural area. Tom Shoemaker, Natural Resources Director, spoke regarding the purposes of the natural area and noted that staff has been working with the Sanitation District on the matter. He stated that the emergency nature of the needed work has been recognized only recently and that staff will be working with the Natural Resources Advisory Board regarding broad policy issues in the area. Councilmember Byme asked about the scope of the impact of the project on the natural area. Shoemaker noted that the sewage lagoons already exist and spoke regarding the proposed easement. Councilmember Byrne asked about the placement of the current sewage facilities and the development of floodplain standards. Bob Smith spoke regarding the prohibition for placement of critical facilities in flood prone areas under current Code provisions, and stated that the issue is protection of existing facilities that are located in the floodplain. Councilmember Kastein asked about the critical nature of the work and the urgency of making a decision. W. Dean Smith spoke regarding the time line for the permit and funding processes. Bob Smith stated that the work would need to be done when the river is down. Councilmember Mason asked if there are softer environmental approaches than the one proposed. Shoemaker stated that the proposal is softer than an earlier proposal for rechannelization. Bob Smith spoke regarding engineering alternatives. W. Dean Smith spoke regarding the soft approach being recommended to avoid future damage and make needed repairs. Councilmember Wanner asked if there are any liability questions. City Attorney Roy stated that he had nothing to add at this point. Councilmember Bertschy asked why the issue was not presented for Natural Resources staff review earlier. Hibbard stated that this issue was part of a larger issue and that the emergency nature of this piece of the issue was recognized during a review of the damage from the April storms. 347 July 6, 1999 Councilmember Weitkunat made amotion, seconded by Councilmember Byme, to adopt Ordinance No. 113, 1999 on First Reading. Councilmember Mason requested additional information regarding how the improvement will be softened with topsoil, plantings, etc. prior to Second Reading of the Ordinance. He noted that this is an example of why it is necessary to keep critical facilities out of the floodplain. The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Byrne, Kastein, Martinez, Mason, Wanner and Weitkunat. Nays: None. THE MOTION CARRIED. Resolution 99-87 Making Appointments to Various Boards and Commissions Adopted The following is staff s memorandum on this item. "Executive Summary Vacancies currently exist on various boards and commissions due to resignations ofboard members and the expiration of terms of members of boards and commissions. Applications were solicited during Marchand April. Council received copies ofthe applications and Council teams interviewed applicants during May and June. This Resolution makes 16 appointments to 6 boards and commissions. Names of those individuals recommended for appointment by each Council interview team have been inserted in the Resolution. Interviews will be scheduled for the Urban Growth Area Review Board in conjunction with Larimer County. Readvertising will be taking place for one vacancy to be filled on the Zoning Board of Appeals. These recommendations will be scheduled for later this summer. " Kelly Ohlson, 2040 Bennington Circle, expressed concerns regarding the recommended appointments of a realtor and an architect to the Planning and Zoning Board and potential conflicts of interest of such appointees. He also spoke regarding a recent appointment to the Water Board. Councilmember Weitkunat spoke regarding the boards and commissions interview process and selection criteria and the intent to achieve balance on the boards and commissions. Councilmember Bertschy made a motion, seconded by Councilmember Weitkunat, to adopt Resolution 99-87. The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Byrne, Kastein, Martinez, Mason, Wanner and Weitkunat. Nays: None. RM THE MOTION CARRIED. Other Business July 6, 1999 Councilmember Mason asked for a listing of proposed Charter amendments prior to the Study Session. Councilmember Bertschy requested a study session to discuss the boards and commissions appointment process. Councilmember Byrne asked if the Leadership Team has discussed proposed alternatives regarding continuing the discussion on the truck route. Councilmember Wanner stated that the Leadership Team has discussed the matter and that four votes would be needed in favor of continuing the discussion on the truck route. Councilmember Kastein spoke regarding ongoing discussions regarding the possibility of northern route and stated that he is convinced that funding for a northern route is not possible. He suggested a study session on July 27 with Colorado Department of Transportation representatives and Larimer County Commissioner Disney and possibly a separate study session with Dr. Maurie Albertson to hear his arguments. Mayor Martinez noted that there is a videotape of a previous study session with CDOT. City Manager Fischbach summarized the direction received as follows: Council will study the truck route for several more months before any action is taken and following additional meetings. Councilmember Byrne expressed concern regarding the use of additional staff resources and favored either making a decision in favor of the proposed Vine route or dropping the issue, rather than continuing to study other routes that are not feasible. City Manager Fischbach stated that he has directed that no additional staff resources be devoted to the matter at this time, based on the Council vote on the issue. Councilmember Wanner stated that the process at this point is to assure new Councilmembers that everything has been considered, and no new study is planned because all realistic options have already been studied. Councilmember Bertschy stated that he would continue to supportbringing forward a Resolution that would approve the concept of modified Vine as an arterial. City Manager Fischbach stated that this Resolution is being worked on for the July 20 agenda. July 6, 1999 Councilmember Kastein spoke in support of a study session to afford all Councilmembers an opportunity to ask additional questions about a northern route. Councilmember Mason stated that additional information can not be harmful. Councilmember Wanner stated that another approach would be to schedule a vote on the matter at the next meeting. Mayor Martinez favored holding a study session with CDOT representatives, Commissioner Disney, and Dr. Albertson. The consensus was in favor on holding such a study session on July 27. Executive Session Authorized Councilmember Wanner made a motion, seconded by Councilmember Mason, to adjourn into Executive Session to consider items of legal concern. The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Byrne, Kastein, Martinez, Mason, Wanner and Weitkunat. Nays: None. THE MOTION CARRIED. ("Secretary's Note: The Council adjourned into Executive Session at 7:40 p.m. and reconvened following the Executive Session at 8:15 p.m.) Adjournment Councilmember Wanner made a motion, seconded by Councilmember Weitkunat, to adjourn the meeting to 6:00 p.m. on July 13, 1999 to conduct annual evaluations for the City Manager, City Attorney and Municipal Judge. The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Byrne, Kastein, Martinez, Mason, Wanner and Weitkunat. Nays: None. THE MOTION CARRIED. The meeting adjourned at 8:20 p.m. -Mayor ATTEST: AA�j City Clerk call]