HomeMy WebLinkAboutMINUTES-02/15/2000-RegularFebruary 15, 2000
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, February 15,
2000, 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 and
Weitkunat.
Absent: Councilmember Wanner.
Staff Members Present: Fischbach, Krajicek, Eckman. ("Secretary's Note: City Attorney Roy
arrived at the meeting at 7:20 p.m.)
Citizen Participation
G. Todd Fowler, Local Governmental Affairs Committee of the Chamber of Commerce, expressed
concerns regarding the basis and structure of the public nuisance ordinance and encouraged Council
to look for a broader set of solutions.
Linda Hopkins, 1809 Rangeview Drive, rental property owner, spoke regarding the public nuisance
ordinance and thanked staff for their continuing work on the issue.
Joe Dumais,1712 Westview Road, opposed the roundabout at Mulberry and Lemay.
Sally Craig, 1409 South Summitview, asked that a Forum newspaper columnist's advocacy of
violence be publicly denounced and that the City drop all advertising in the newspaper.
Citizen Participation Follow-up
Councilmember Bertschy asked about the status of the roundabout and asked if there is increased
truck traffic on Vine Drive. City Manager Fischbach stated that CDOT is reviewing the roundabout
and that CDOT's decision is expected in about three weeks. He noted that the Transportation Board
has reviewed the issue of truck traffic on Vine Drive.
Councilmember Weitkunat noted that the public nuisance ordinance is in committee review and
asked about the progress being made based on public input. Councilmember Byme reported that
the Health and Safety Committee will review the latest draft of the ordinance at this week's meeting
and that First Reading is scheduled on March 21.
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Councilmember Mason suggested discussion of the implied threat contained in the Forum column
under Other Business.
AEenda Review
City Manager Fischbach withdrew item #24 Resolution 2000-34 Finding Substantial Compliance
and Initiating Annexation Proceedings for the Strang Cabin Annexation, item #25 Resolution 2000-
35 Finding Substantial Compliance and Initiating Annexation Proceedings for the Strauss Cabin
First Annexation, and item #26 Resolution 2000-36 Finding Substantial Compliance and Initiating
Annexation Proceedings for the Strauss Cabin Second Annexation from the agenda to allow
additional staff work to be done.
Councilmember Mason withdrew item #19 Resolution 2000-29 Authorizing One or More
Intergovernmental Agreements with Poudre School District and Approving the Project List for the
Building Community Choices City/School District Capital Projects from the Consent Calendar.
CONSENT CALENDAR
Postponement of Second Reading of Ordinance No. 199, 1999 Authorizing the Lease of
Portions of the Resource Recovery Faun to LaFarge Comoration for Sand and Gravel
Mining in Order to Protect Sensitive Natural Habitats Along the Cache la Poudre River, to
March 7.2000.
Ordinance No. 199, 1999, which was unanimously adopted on First Reading on December
7, 1999, enables implementation of a unique natural area conservation project involving the
City of Fort Collins, LaFarge Corporation, Flatiron Companies, and Colorado State
University. The collaborative project will save from sand and gravel mining approximately
40 acres of meadow and mature riparian forest along the Cache la Poudre River that
represents some of the most unique and valuable wildlife habitat in the Fort Collins area.
hi exchange for not mining these sensitive natural habitats, approximately 106 acres of
much less sensitive agricultural land on the City's Resource Recovery Farm will instead be
mined. Reclamation of the mined area on the Resource Recovery Farm will enhance the
wildlife habitat diversity and overall value of the natural areas along this reach of the Cache
la Poudre River. This area will enhance the City's efforts to protect and enhance the wildlife
habitat, aesthetic, and recreational values of this section of the Poudre River consistent with
the City's Natural Areas Policies and will also enhance programs at CSU's Environmental
Learning Center.
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Second Reading of this Ordinance was postponed to February 15, 2000 to allow additional
time to finalize the necessary lease and contractual documents with LaFarge, Flatiron, and
Colorado State University. Another postponement is needed until March 7, 2000.
8. Items Related to the Issuance of City of Fort Collins Downtown Development Authorii
Subordinate Tax Increment Revenue Bonds, Series 2000.
A. Second Reading of Ordinance No. 9, 2000, Authorizing the Issuance of City of Fort
Collins, Colorado, Downtown Development Authority Subordinate Tax Increment
Revenue Bonds, Series 2000A, Dated their Delivery Date, in the Aggregate Principal
Amount of$608,000 for the Purpose of Financing Certain Capital Improvements and
Capital Projects; and Providing for the Pledge of Certain Incremental Ad Valorem
Tax Revenues to Pay the Principal of, Interest on and any Premium Due in
Connection with the Redemption of the Bonds.
On February 4, 2000, the City accepted bids from financial institutions interested in buying
the bonds. The lowest cost offer to buy the bonds was submitted by Key Bank. Key Bank
bid a rate of 5.775% which will reset as the prime rate changes. City staff has evaluated the
Key Bank offer to buy and has found it to be in the City's best interest to accept the offer to
buy the bonds. The Ordinance has been revised to reflect the variable interest rate of the
bonds and the appropriate amounts.
B. Second Reading of Ordinance No. 10, 2000, Appropriating Proceeds from the
Issuance of City of Fort Collins, Colorado, Downtown Development Authority
Taxable Subordinate Tax Increment Revenue Bonds, Series 2000, for the Purpose
of Making Certain Capital Improvements in the Downtown Area of Fort Collins,
Authorizing the Transfer of Appropriations Between Funds and Appropriating
Expenditures from the DDA Debt Service Fund to Make the 2000 Payment on the
Bonds.
Ordinance No.10, 2000, has been revised. The project managers met on February 4, 2000,
and decided that money for the Four Corners and Walnut Street projects would have more
flexibility if the amounts of money for the projects were transferred to the City capital
projects fund. This helps the project managers because the appropriation does not lapse at
year-end. Due to the need to coordinate these projects with several other downtown area
improvements, there is some possibility that these two projects may not be completed by
December 31, 2000. This ordinance has also been revised to lower the estimated 2000 debt
service costs from $80,000 to $50,000. Annual debt service payments for ensuing years will
be included in the annual appropriations ordinance.
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C. First Reading of Ordinance No. 23, 2000, Appropriating Unanticipated Revenue in
the Capital Projects Fund for the Purpose of Constructing Improvements in the
Downtown Area Consistent with the Mission of the Downtown Development
Authority.
The Budget Office has prepared a new appropriations ordinance, Ordinance No. 23, 2000,
which appropriates the transferred bond proceeds in the capital projects fund. This
Ordinance is being presented on First Reading. Second Reading will occur on March 7,
2000. This timeline fits the project manager's plan to begin the improvements in early 2000.
9. Second Reading of Ordinance No. 11, 2000 Designating the E. P. Montgomery House
Garage and Shed, 321-323 East Laurel Street, as a Local Landmark Pursuant to Chanter 14
of the Code of the City of Fort Collins.
The owners of the property, Delores Lunberry and the Paige A. Lunberry Family Trust, are
initiating this request for Local Landmark designation for the E. P. Montgomery House,
Garage and Shed. Ordinance No. 11, 2000 was unanimously adopted on First Reading on
February 1, 2000.
10. Second Reading of Ordinance No. 12, 2000 Desi atingthe Properties at 1600 1601 1604
1605, 1608, 1609, 1612, 1613, 1617, 1645 and 1700 Sheely Drive Fort Collins Colorado
as a Historic Landmark District Pursuant to Chanter 14 of the Code of the City of Fort
Collins.
Debra Applin and Polly Puleston, owners of property in the proposed Sheely Drive
Neighborhood District, are initiating this request for Local Landmark designation for the
above properties. The Sheely Drive District is eligible for designation as a Fort Collins Local
Landmark District, for its innovative architecture, for its historical association with several
prominent Fort Collins business and civic leaders, and for its portrayal of the social,
economic, and technological changes occurring in Fort Collins and Colorado following
World War H. The first of Fort Collins' post -World War H affluent neighborhoods, Sheely
Drive is among Fort Collins' best representations of the suburban lifestyle emerging in the
United States during the 1950s. Ordinance No. 12, 2000 was unanimously adopted on First
Reading on February 1, 2000.
11. Second Reading of Ordinance No. 13, 2000 Amending Chanter 7.5 of the City Code by the
Addition of a New Article V Pertaining to the Imposition of Certain Regional Capital
Improvement Expansion Fees.
In November 1998, Larimer County Commissioners approved new Development Impact
Fees that will apply to new construction in the County. These fees included a regional road
fee and a regional park fee. Larimer County has asked the City to consider implementing
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a regional road fee for development within the City limits. The fee would be implemented
in addition to existing City and School District fees. As funds accumulate from the collection
of fees in both the City and the County, the two governments will work together to
determine how and when those funds will be expended to improve the five regional roads.
Ordinance No. 13, 2000, which was unanimously adopted on First Reading on February 1,
2000, amends the City Code to include certain Regional Capital Improvement Expansion
fees.
12. Second Reading of Ordinance No. 14, 2000 Authorizing the Conveyance of High School
Park to Colorado State University Research Foundation In Exchange for the 18 Acre
Community Horticulture Center Site.
Since May 1998, City Council has, on three occasions, studied and considered possible sites
for the Community Horticulture Center. The result has been a narrowing of preference by
Council for the CSURF site. Most recently, in March 1999, the City Council directed staff
to prepare the legal documents to complete a land exchange deal with Colorado State
University Research Foundation (CSURF) to secure a site for the Community Horticulture
Center. Ordinance No. 14, 2000, which was unanimously adopted on First Reading on
February 1, 2000, completes the transaction for transfer of the High School Park site to
CSURF in exchange for the CSURF site.
13. Second Reading of Ordinance No. 15, 2000, Authorizing the City Manager to Enter Into
Long -Term Leases of the McKee Property and Longview Farm with Harold Sauer for
Drvland Farming and Grazing,
The Natural Resources Department purchased the McKee property in 1997 for open space
and the Natural Areas Program is responsible for managing this property. This open space
has yet to be officially named. The property is approximately 970 acres, with 840 acres of
dryland farm and 130 acres of pasture. The original farm tenant terminated the farming lease
about six months ago, stating that it was no longer economical to farm the property. The
terms of this lease will hopefully make it economical for Mr. Sauer to farm and maintain this
property. Ordinance No. 15, 2000, was unanimously adopted on First Reading on February
1, 2000.
14. Second Reading of Ordinance No. 16, 2000 Appropriating Prior Year Reserves
Ordinance No. 16, 2000, which was unanimously adopted on First Reading on February 1,
2000, rcappropriates approximately $9.2 million of 1999 monies for the same uses or
purposes in 2000 as originally approved by Council in 1999.
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15. First Reading of Ordinance No. 17. 2000, Amending Portions of the City Code Concerning
the Citizen Review Board Subcommittees.
The current provisions of the City Code concerning the Citizen Review Board (CRB) require
that the CRB maintain the confidentiality of all internal investigation files and all
information and evidence received which are related to personnel matters (§2-140(h)). This
provision is consistent with the need to maintain the confidentiality of personnel files and
internal investigation files, but is not consistent with other provisions of the City Code which
allow police and community service officers who maybe the subject of the investigation to
request that the review sessions of the CRB subcommittees be open to the public. The
proposed changes set forth in this ordinance would allow the CRB review subcommittees
to maintain the confidentiality of those portions of the subcommittee review sessions that
do not directly relate to the officer's personnel interest.
16. First Reading of Ordinance No. 18, 2000, Authorizing the Purchasing Agent to Enter into
an Agreement for the Financing by Lease -Purchase of a Computer Aided Dispatch and
Records Management System (CAD/RMS).
This Ordinance will authorize the Purchasing Agent to enter into a lease -purchase financing
agreement with the selected company at the lowest interest rate offered. The agreement will
be for an original term from the execution date of the agreements to the end of the current
fiscal year. The agreement provides for renewable one-year terms thereafter, for a total term
of five (5) years, subject to annual appropriation of funds needed for lease payments. The
total lease terms, including the original and all renewal terms, will not exceed the useful life
of the property. This lease -purchase financing is consistent with the financial policies of the
City of Fort Collins.
17. First Reading of Ordinance No. 19, 2000, Approving the Terms of the Lease for the Cit�'s
Lease of Building 15, Old Town Square.
In order for this property to become tax exempt, state law requires that the Council approve
the terms of the lease by Ordinance.
Since February 1996, the City has been leasing space in Old Town Square for the Police
Services District One office. Police staff and the Old Town Square have been working
together to find a new space in Old Town to replace their basement location. A new space
became available and the City entered into a new Lease Agreement dated December 12,
1999, with a term of five years that commenced January 1, 2000, following a month of
tenant finish work. The tenant finish work was paid for with contributions from the
Landlord (Progressive Old Town Square, LLC), the former tenant, and the City. The new
location has 2,075 square feet of office space and is located in the 200 block of Walnut
Street. District One houses a Police Museum and office space for officers. The base rental
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for the first year of the lease is $18,675, or $9 per square foot, which will be adjusted
annually by the Consumer Price Index. In addition to the base rental, the City will also pay
the Landlord for the common area maintenance, its insurance and utilities. These costs total
$3.76 per square foot, bringing the total price per square foot to $12.76. The only other
expense paid by the City is the janitorial expense. The base rent will increase to $11 per
square foot at the commencement of the third year of the lease.
18. First Reading of Ordinance No. 20, 2000, Approving the Terms of the Lease for the Citv^s
Lease of the Building at 405 Canyon Avenue.
In order for this property to remain tax exempt, state law requires that the Council approve
the terms of the lease by Ordinance.
Since December 1994, the City has been leasing the building at 405 Canyon Avenue (2,577
square feet) for the Human Rights Office and the Neighborhood Resources Office. The
previously approved lease expired November 30, 1999. Staff has renegotiated the lease to
continue for an additional five years. The Lease Agreement commenced on January 1, 2000
and continues for successive annual terms through December 31, 2004, with the City having
the option to terminate at each anniversary date if sufficient funds are not budgeted. The
rental for this facility is $2,630 per month, which equates to $12.75/square foot. This rental
will be in effect for the first two years of the lease. Each of the remaining renewals terms
will be increased by the annual Consumer Price Index. The City will be responsible for the
utilities, custodial and carpet services, snow removal, and insurance. The Landlord is
responsible for major building maintenance and ground maintenance.
19. Resolution 2000-29 Authorizing One or More Intergovernmental Agreements with Poudre
School District and Approving the Project List for the Building Community Choices
City/School District Capital Projects.
In August, 1999, the City/Poudre School District Liaison Committee supported a
recommendation to expend funds from Building Community Choices (BCC) on several
capital projects that will benefit the City, the Poudre School District (PSD), and the
community. City and PSD staff conducted outreach this past fall, and found widespread
support for the projects.
On January 24, 2000, the Board of Education voted to support the Liaison Committee's
recommended projects, which include the following: (1) develop a softball field at Poudre
High School, Rocky Mountain High School, and Preston Junior High School; (2) renovate
existing softball/baseball fields at Blevins and Webber Junior High Schools; (3) move a
soccer field at Rocky Mountain High School; (4) build an in -line hockey rink and a skate
park at Edora Park; and (5) renovate the skate park at the Northside Aztlan Community
Center.
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20. Resolution 2000-30 Approving the Purchase of a Wirtgen W2000 Rotomill from Faris
Machinery as an Exception to the City's Competitive Purchasing Requirements
The Streets Department has been using Wirtgen profilers (rotomills) since 1992. The
machines have proven to be reliable and effective for removing roadway asphalt in
maintenance operations. Streets considers this machine to be superior to competitive units
because it has a four -track drive system, is heavier, more powerful, uses a strike -off plate,
and has a well designed milling drum.
Due to the design advantages of the Wirtgen W2000 and the lack of suitable substitutes, the
Purchasing Agent has determined that a competitive process cannot reasonably be used and,
if used would result in a substantially higher cost to the City and may result in the
impairment of the City's delivery of services to the public.
21. Resolution 2000-31 Approving the Purchase of 800MHz Communications System
Equipment as an Exception to the City's Competitive Purchasing Requirements
Over the next several years the City will be migrating all radio equipment to 800MHz
technology. Currently, City departments, including Police Services, use UHF radio
frequencies which are incompatible with surrounding agencies. The State of Colorado,
Poudre School District, Loveland, and Greeley are using or transitioning to 800MHz
technology using the Motorola infrastructure, as described below.
Motorola is already the primary supplier of radio equipment to the City. Realizing the extent
of the migration to 800MHz technology and the need for various public safety agencies to
be able to cooperate with one another, Motorola designed and set up the basic infrastructure
for an area -wide 800MHz system. The term "infrastructure" means the antennas, which are
located throughout the local area, transmitter and receiver sites, along with the computer
hardware and software to make the system work. Motorola has created the basic structure
of the system. What the City will be purchasing is a share of the components, along with the
vehicle and locally sited radio equipment.
22. Resolution 2000-32 Setting Forth the Intention of the City to Issue Multi -Family Housing
Revenue Bonds for the National Healthcare Associates Residence at Oakridee Assisted
Living Proiect and Authorizing the Execution of an Assignment Agreement and a Delegation
ag tion
Agreement with Larimer County.
In late December 1999, Mr. Robert Mattrazo, a representative of the National Healthcare
Associates Project (the "Project"), contacted staff members of the Advance Planning and
Finance Departments. The organization has requested the City consider issuing private
activity bonds for the purpose of acquiring property, constructing and equipping an assisted
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living multifamily housing project in the southeast part Fort Collins. The Project would
qualify as a low-income rental housing project.
The project is located along McMurray Drive in Oakridge Business Park. Forty-four units
(58 beds) will be included in the project. Of the total, 50% of the units (beds)will be
affordable to persons whose incomes do not exceed 60% of the Area Median Income. The
remaining units will be leased at market rental rates.
Passage of this Resolution will allow the City to issue up to $4.5 million in tax-exempt
private activity bonds for the purpose of constructing the project. The issuance is contingent
on the Project receiving an additional allocation from the Statewide Balance or the Colorado
Housing Finance Authority. The Resolution also authorizes the execution of an Assignment
Agreement and a Delegation Agreement with the County, which would carry out the
proposed assignment of the County's allocation to the City. The execution of those
agreements is made contingent upon the receipt of the necessary additional allocations for
the Project. The proposal is consistent with the City's adopted policies regarding the
issuance of multi -family rental housing bonds.
Staff finds that the project is consistent with Council's goal of increasing the quality of
affordable housing in the City. The project also serves a special niche in the housing market,
that of low-income seniors that require some assistance in the course of their daily lives.
The project proponent has prepared and submitted an application to secure an the additional
Private Activity Bond Allocation from the Statewide Balance of private activity bonds.
Based on Council's action on the resolution, the City will support the project proponent in
its application to Larimer County and the competitive statewide balance. The deadline for
applications for allocations is January 21, 2000.
23. Resolution 2000-33 Adopting a Process and Procedure for Amending City Plan and the
Elements Thereof.
This Resolution adopts a process and procedure for amending City Plan and the
Comprehensive Plan Elements thereof. A description of this process, procedure and types
of amendments will be incorporated into the appendix of City Plan. In addition, City Plan
Growth Management Principles and Policies will be revised to describe the amendment
process including frequency, scope, types of amendments, consistency and decision -making
body.
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24. Resolution 2000-34 Finding Substantial Compliance and Initiating Annexation Proceedings
for the Strang Cabin Annexation.
This is a request for a 100% voluntary annexation. The property being considered for
annexation is approximately 4.50 acres in size and is located at the southwest corner of
Horsetooth Road and County Road 7. The property has been historically agricultural in
Larimer County. The proposed zoning for this annexation is Public Open Lands (POL).
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 March 21, 2000. Not less than thirty days prior
published notice is required by State law.
25. Resolution 2000-35 Finding Substantial Compliance and Initiating Annexation Proceedings
for the Strauss Cabin First Annexation.
This is a request for a 100% voluntary annexation. The property being considered for
annexation is approximately .418 acres in size and is located at the northeast corner of
Horsetooth Road and County Road 7. The property has been historically agricultural in
Larimer County. The proposed zoning for this annexation is Public Open Lands (POL).
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 March 21, 2000. Not less than thirty days prior
published notice is required by State law.
26. Resolution 2000-36 Finding Substantial Compliance and Initiating Annexation Proceedings
for the Strauss Cabin Second Annexation.
This is a request for a 100% voluntary annexation. The property being considered for
annexation is approximately 1.737 acres in size and is located at the northeast comer of
Horsetooth Road and County Road 7. The property has been historically agricultural in
Larimer County. The proposed zoning for this annexation is Public Open Lands (POL).
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 March 21, 2000. Not less than thirty days prior
published notice is required by State law.
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February 15, 2000
27. Resolution 2000-37 Adopting the Recommendation of the Cultural Resources Board
Regarding Fort Fund Disbursements.
The Cultural Resources Board is authorized by the City Code to review proposals for
funding from the Cultural Programming Account and the Tourism Programming Account,
and to submit recommendations to the City Council regarding such proposals for approval.
The Cultural Development and Programming Account is used to support cultural
development and programming activities. The Tourism Programming Account is used for
funding of tourist -related special events, because it is generated from the portion of the
lodging tax that is designated for the promotion of convention and visitor activities. Both
of these funds are used to fund grants through the Fort Fund program.
28. Resolution 2000-38 Extending the Time Period for the Housing Authority to Exercise a
Right of First Refusal to Acquire Certain City Property.
On November 2, 1999, Council adopted Resolution 99-133 approving the acquisition of
approximately 168 acres of land from Willing Acres Company, the majority of which is to
be utilized by the City as the Hazaleus Natural Area. Resolution 99-133 also authorized the
future sale of a portion of the property for affordable housing development and granted the
Fort Collins Housing Authority a first right of refusal, through February 29, 2000, on the
development parcel. This Resolution extends the time period for one year for the Housing
Authority to enter into a binding agreement with the City. This additional time is needed for
City staff to determine the specific boundaries of the development parcel and for the
Housing Authority to determine how it can best utilize the property for affordable housing
purposes.
29.. Resolution 2000-39 Authorizing the Lease of 304 and 304%2 North Howes Street
The City has entered into an agreement to purchase Lot 15 Block 33 with a scheduled
closing date of February 28, 2000. The lot is being purchased as part of the Civic Center
Master Plan, and is the only parcel on Block 33 that is not currently owned by the City.
Currently, there are two leases in effect on the property. One is a residence lease of 304
North Howes Street and one is a business lease for the structure at 304%2 North Howes
Street.
The City's use of this block is still being planned; therefore, staff would like to continue the
lease with the current residential tenant and negotiate a new lease for the business space for
a period of up to two years, with the City having the option to terminate at any time with a
sixty-day notice to the tenants. The lease term would remain as it currently is for the
residence at $775 per month and lease the business for at least $750 per month. The
proposed lease agreements would be ready to be signed and become effective at the closing
for the purchase of the land.
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30. Resolution 2000-40 Stating the City's Intent to Not Act as a Reviewing Entity for the
Colorado Historic Preservation Income Tax Credit for Qualifying Historic Rehabilitation
Proiects Under Colorado House Bill 90-1033 (CRS 39-22-514).
As a Certified Local Government, Fort Collins has the opportunity each year to choose to
be a reviewing entity for the Colorado Historic Preservation Income Tax Credit during the
next calendar year. The City Council must adopt a resolution stating whether or not it
intends to take on this responsibility in the next year.
Fort Collins became a Certified Local Government in 1991 when the Colorado Income Tax
Credit was instituted, but didn't take on the reviewing entity function for this program until
1995. For three years, the Landmark Preservation Commission was the reviewing entity and
performed design review on qualifying historic rehabilitation projects for the Colorado
Income Tax Credit. They declined the review in 1998 and 1999.
31. Resolution 2000-41 Making Appointments to the Affordable Housing Board and the Golf
Board.
A vacancy currently exists on the Affordable Housing Board due to the resignation of
Mickey Willis. Councilmembers Wanner and Bertschy reviewed the applications on file and
are recommending Randy Rosenbusch to fill the vacancy with a term to begin immediately
and set to expire on June 30, 2001.
A vacancy also exists on the Golf Board due to the resignation of Mike Hall.
Councilmember Bertschy reviewed the applications on file and is recommending Brian Cobb
to fill the vacancy with a term to begin immediately and set to expire on June 30, 2002.
32. Resolution 2000-42 Approving a Stipulated Determination of Vested Rights Between the
City and Sollenberger Development Corporation.
Ordinance No. 161, 1996, (the "Ordinance") established certain rules for transitioning from
the Land Development Guidance System into the new Land Use Code. When the Ordinance
was passed by the Council, it included a vested rights determination procedure in order to
prevent manifest injustice in cases where the application of the transition rules would work
an undue hardship.
Sollenberger Development Corporation (the "Applicant") owns a tract of land located within
the Oak/Cottonwood Farm Overall Development Plan (the "ODP"). The ODP, consisting
of over 100 acres, was approved by the City under the Land Development Guidance System
prior to the adoption of the City's Land Use Code. The City has reviewed and given final
approval to numerous phases within the ODP. The Lodge at Miramont PUD (the "Project")
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February 15, 2000
consists of approximately 7.77 acres within Parcel "N" of the ODP. The Project is one of
the final phases of the ODP.
33. Routine Deeds and Easements.
A. Easement for construction and maintenance of public utilities from Roy Lee Jones,
located at 2218 LaPorte, for installation of an oval vault to underground existing
overhead electric services. Monetary consideration: $10.
B. Easement for construction and maintenance of public utilities from Edwina J.
Ingraham, located at 203 North Taft Hill, for installation of an oval vault to
underground existing overhead electric services. Monetary consideration: $10.
C. Permanent easement dedication for drainage and utilities from John A. Liddell and
M. Morgan -Liddell, located 2120 Springfield Court. Monetary consideration: $10.
D. Permanent easement dedication for drainage and utilities from Rish L. and Karen L.
Whitham, Jr., located at 2124 Springfield Court. Monetary consideration: $10.
E. Permanent easement dedication for drainage and utilities from Colleen Caroline
Fischer, located at 2128 Springfield Court. Monetary consideration: $10.
F. Permanent easement dedication for drainage and utilities from Gerald W. Buchleiter,
located at 1204 Briarwood Road. Monetary consideration: $10.
G. Permanent easement dedication for drainage and utilities from Tara Baker Gardner
and Keith Usher Gardner, located at 1205 Briarwood Road. Monetary consideration:
$10.
H. Deed of dedication for permanent off -site utility easement from Oakridge Hotels,
LLLP, located south of Harmony and east of Lemay. Monetary consideration: $10.
I. Deed of dedication for temporary off -site construction easement from Oakridge
Hotels, LLLP, located south of Harmony and east of Lemay. Monetary
consideration: $10.
Deed of dedication for permanent off -site sight distance easement from Oakridge
Hotels, LLLP, located south of Harmony and east of Lemay. Monetary
consideration: $10.
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K. Deed of dedication for permanent off -site utility easement from Oakridge Hotels,
LLLP, located south of Harmony and east of Lemay. Monetary consideration: $10.
L. Deed of dedication for temporary off -site construction easement from Oakridge
Hotels, LLLP, located south of Harmony and east of Lemay. Monetary
consideration: $10.
Ordinances on Second Reading were read by title by City Clerk Wanda Krajicek.
8. Items Related to the Issuance of City of Fort Collins Downtown Development Authority
Subordinate Tax Increment Revenue Bonds, Series 2000.
A. Second Reading of Ordinance No. 9, 2000, Authorizing the Issuance of City of Fort
Collins, Colorado, Downtown Development Authority Subordinate Tax Increment
Revenue Bonds, Series 2000A, Dated their Delivery Date, in the Aggregate Principal
Amount of$608,000 for the Purpose of Financing Certain Capital Improvements and
Capital Projects; and Providing for the Pledge of Certain Incremental Ad Valorem
Tax Revenues to Pay the Principal of, Interest on and any Premium Due in
Connection with the Redemption of the Bonds.
B. Second Reading of Ordinance No. 10, 2000, Appropriating Proceeds from the
Issuance of City of Fort Collins, Colorado, Downtown Development Authority
Taxable Subordinate Tax Increment Revenue Bonds, Series 2000, for the Purpose
of Making Certain Capital Improvements in the Downtown Area of Fort Collins,
Authorizing the Transfer of Appropriations Between Funds and Appropriating
Expenditures from the DDA Debt Service Fund to Make the 2000 Payment on the
Bonds.
9. Second Reading of Ordinance No. I1, 2000, Designating the E. P. Montgomery House.
Garage and Shed, 321-323 East Laurel Street, as a Local Landmark Pursuant to Chapter 14
of the Code of the City of Fort Collins.
10. Second Reading of Ordinance No. 12,2000,Designatin the ePropertiesat1600,1601,1604,
1605, 1608, 1609, 1612, 1613, 1617, 1645 and 1700 Sheely Drive, Fort Collins, Colorado,
as a Historic Landmark District Pursuant to Chapter 14 of the Code of the City of Fort
Collins.
11. Second Reading of Ordinance No. 13, 2000, Amending Chapter 7.5 of the City Code by the
Addition of a New Article V Pertaining to the Imposition of Certain Regional Capital
Improvement Expansion Fees.
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February 15, 2000
12. Second Reading of Ordinance No. 14, 2000 Authorizing the Conveyance of High School
Park to Colorado State University Research Foundation In Exchange for the 18 Acre
Community Horticulture Center Site.
13. Second Reading of Ordinance No. 15, 2000, Authorizing the City Manager to Enter Into
Long -Term Leases of the McKee Property and Longview Farm with Harold Sauer for
Drvland Farming and Grazing.
14. Second Reading of Ordinance No. 16, 2000 Appropriating Prior Year Reserves.
Ordinances on First Reading were read by title by City Clerk Wanda Krajicek.
8. Items Related to the Issuance of City of Fort Collins Downtown Development Authority
Subordinate Tax Increment Revenue Bonds, Series 2000.
C. First Reading of Ordinance No. 23, 2000, Appropriating Unanticipated Revenue in
the Capital Projects Fund for the Purpose of Constructing Improvements in the
Downtown Area Consistent with the Mission of the Downtown Development
Authority.
15. First Reading of Ordinance No. 17, 2000, Amending Portions of the City Code Concerning
the Citizen Review Board Subcommittees.
16. First Reading of Ordinance No. 18, 2000, Authorizing the Purchasing Agent to Enter into
an Apxeement for the Financing by Lease -Purchase of a Computer Aided Dispatch and
Records Management System (CAD/RMS)
17. First Reading of Ordinance No. 19, 2000, Approving the Terms of the Lease for the City's
Lease of Building 15, Old Town Square.
18. First Reading of Ordinance No. 20, 2000, Approving the Terms of the Lease for the Cit}'s
Lease of the Building at 405 Canyon Avenue.
37. First Reading of Ordinance No. 21, 2000, Amending Chanter 3 and 16 of the City Code
Designating the Municipal Judge as the Liquor and Massage Licensing Authority.
38. First Reading of Ordinance No. 22, 2000, Amending Article XV of Chanter 15 of the City
Code Regarding Solid Waste Collection and Recycling Services by Adding Provisions
Pertaining to Procedural Requirements and Adding a Document Retention Requirement
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February 15, 2000
Councilmember Mason made a motion, seconded by Councilmember Bertschy, 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 and Weitkunat. Nays:
None.
THE MOTION CARRIED.
Consent Calendar Follow-up
Councilmember Weitkunat highlighted the passage of item #27, Resolution 2000-37 Adopting the
Recommendation of the Cultural Resources Board Regarding Fort Fund Disbursements.
Councilmember Bertschy commented regarding item #27, Resolution 2000-37 Adopting the
Recommendation of the Cultural Resources Board Regarding Fort Fund Disbursements and item
#31 Resolution 2000-41 Making Appointments to theAffordable Housing Board and the Golf Board,
noting that applications are needed for other boards and commissions.
Councilmember Byrne commented regarding item # 11, Second Reading of Ordinance No. 13, 2000,
Amending Chapter 7.5 of the City Code by the Addition of a New Article V Pertaining to the
Imposition of Certain Regional Capital improvement Expansion Fees.
Councilmember Reports
Councilmember Weitkunat reported on Growth Management Committee discussions regarding the
Campus West subarea plan, the County TDU annexation and joint City/County projects,
redevelopment issues, the impact ofpopulation increases on CityPlan, and modifications to the Land
Use Code.
Mayor Martinez reported on the Legislative Review Committee's bill priority process and the bills
that have been determined to be high priorities.
Councilmember Bertschy reported on the discussions at the CSU/City Liaison Committee quarterly
meeting with Mike Mansfield, a neighborhood liaison from Boulder who deals with rental property
issues. He noted that adoption on the Consent Calendar of the ordinance relating to horticulture
gardens gives CSU the authority to let the bid on the College Avenue underpass.
Councilmember Kastein reported on the North Front Range Transportation and Air QualityPlanning
Council discussions regarding reprogramming of funds for a regional travel demand modeling
project, the award of funds for rural transit planning, a letter to be sent to the Air Quality Control
February 15, 2000
Commission expressing concerns regarding the 1999 audit of the Colorado automobile inspection
and readjustment program, transportation improvement plan amendments, and a possible retreat.
Ordinance No. 21, 2000
Amending Chapter 3 and 16 of the City Code Designating the Municipal Judge
as the Liquor and Massage Licensing Authority, Adopted on First Reading
The following is staff s memorandum on this item.
"Executive Summary
Currently all liquor and massage licensing matters are heard by the Liquor and Massage Licensing
Authority. Council appoints 7 volunteers to serve on this quasi-judicial board. Each Authority
member can serve up to two 4 year terms.
On December 9, 1999, the Health & Safety Committee discussed the liquor licensing process and
various alternatives in designating an Authority. The Committee requested that a draft ordinance
establishing the Municipal Court Judge as the Liquor Licensing Authority be prepared for
discussion at the January 20, 2000 Health and Safety Committee meeting.
Staff presented this ordinance to the Health and Safety Committee on January 20, 2000. The
Committee briefly discussed the Ordinance, made no substantive changes, and recommended it be
brought to Council for formal consideration.
Reasons cited for this proposed change are that the current Authority's membership changes every
4 years and it is difficult to maintain the high-level oftraining that the Municipal Judge already has.
The Health and Safety Committee also noted that periodic turnover of Authority members (the
Authority currently has two vacancies) can affect the consistency ofdecisions with regard to alleged
misconduct on the part of licensees and sanctions imposed for violations. "
City Manager Fischbach gave a brief presentation regarding the agenda item and noted that the item
was initiated by the City Council.
Rodney Schmitz, Liquor Licensing Authority member, spoke regarding the Authority's actions
regarding suspensions and fines, and opposed elimination of the Liquor Licensing Authority.
Jake Maas, 3020 Tulane Drive, County Cork owner, opposed the adoption of the ordinance.
Jack Vandagriff, 3039 Indigo Court, Tailgate Tommies, supported the adoption of the ordinance.
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February 15, 2000
Sarah Jane Baietti, licensed massage therapist, expressed concerns regarding the licensing of
massage therapists.
Councilmember Bertschy asked about the impact of adoption of the ordinance on massage therapy
licensing. City Manager Fischbach stated that no massage licenses have been issued since 1991.
Paul Eckman, Deputy City Attorney, stated that certified massage therapists with the requisite
qualifications are exempt from appearing before the Liquor Licensing Authority. Greg Tempel,
Assistant City Attorney, summarized Colorado law regarding massage licensing and therapists and
the history of the designation of the Liquor Licensing Authority as the massage licensing board. He
stated that the Municipal Judge would become the Massage Licensing Authority if the ordinance
is adopted. Eckman spoke regarding language changes addressing massage parlor licensing.
Councilmember Weitkunat asked for clarification regarding massage therapy licensing.
Councilmember Kastein if decisions of the board are majority or unanimous decisions. Tempel
stated that decisions are made by simple majority.
Councilmember Mason asked about the current appeal process. Tempel explained the appeal
process and stated that the current appeal process is the same as it would be if the ordinance is
adopted.
Mayor Martinez asked if the Municipal Judge could declare a conflict of interest in cases where a
liquor license hearing follows closely after a court hearing on another matter. Tempel explained the
process that would be followed in such cases.
Councilmember Bertschy asked how the process would work for issuing liquor licenses. Tempel
stated that the process would remain essentially the same except that the Municipal Judge would
conduct the hearing.
Councilmember Bertschy asked about the potential difficulty for residents to attend a daytime
hearing. Tempel stated that the Municipal Judge could conduct an evening hearing if more
participation is sought and that there is currently little citizen participation in hearings before the
Liquor Licensing Authority.
Councilmember Bertschy asked about the annual volume of liquor licenses and violation hearings.
Aimee Jensen, Deputy City Clerk, stated that nine hearings were held in 1999 and that 16
applications for new liquor licenses were received.
Councilmember Weitkunat asked if any other boards act in licensing and disciplinary capacities.
Eckman stated that the Building Review Board issues contractors licenses and disciplines licensees
for infractions.
LEIS
February 15, 2000
Councilmember Weitkunat asked when the Liquor Licensing Authority was established and if this
change is a typical evolutionary process. Tempel stated that the City of Longmont in 1997 changed
to having the Municipal Judge hear liquor licensing matters and that other jurisdictions have
changed to a one -person liquor licensing authority system.
Councilmember Weitkunat asked about the legal requirements for liquor licensing. Tempel stated
that Colorado law sets out the criteria for issuance, suspension or revocation of liquor licenses.
Mayor Martinez asked if outside counsel is hired for the conduct of hearings. Tempel spoke
regarding the arrangements for legal counsel before the Municipal Court.
Councilmember Kastein asked about discussions with the Liquor Licensing Authority regarding
abolishing the board. Mayor Martinez spoke regarding the meeting that he and Mayor Pro Tern
Wanner had on January 12 with LLA board members and outlined the reasons he supports the
recommended change.
Councilmember Bertschy asked about if penalties are suspended pending appeals. Tempel stated
that depends on whether the District Court Judge stays the penalties pending the appeal and that
process would not change if the ordinance is adopted.
Councilmember Bertschy asked if any decisions of the Liquor Licensing Authority have been
appealed in recent years. Tempel and Jensen stated that there have been no appeals in recent years.
Mayor Martinez spoke regarding the importance of consistency in rulings and the significance and
outcome of the San Felipe hearing.
Councilmember Byme made a motion, seconded by Councilmember Kastein, to adopt Ordinance
No. 21, 2000 on First Reading.
Councilmember Byrne stated that he supported the Ordinance because of concerns regarding a
higher level of justice. He noted that he previously had concerns regarding judicial independence
and that the Municipal Judge has provided information regarding ethical issues.
Councilmember Kastein stated that he would support the ordinance because of concerns regarding
the ability of authority members to keep up with the complex liquor licensing codes.
Councilmember Weitkunat spoke in favor of the Ordinance as a way to increase efficiency,
consistency and knowledge.
Councilmember Bertschy spoke regarding the increase in legal complexities and the need to have
a legal framework in which to make solid decisions.
February 15, 2000
Councilmember Mason stated that he would support the motion because of the serious nature of
health and safety issues surrounding the regulation of alcoholic beverages.
Mayor Martinez spoke in support of the motion.
The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Byrne, Kastein, Martinez,
Mason and Weitkunat. Nays: None.
THE MOTION CARRIED.
Ordinance No. 22, 2000
Amending Article XV of Chapter 15 of the City Code
Regarding Solid Waste Collection and Recycling Services
by Adding Provisions Pertaining to Procedural Requirements
and Adding a Document Retention Requirement. Adopted on First Reading
The following is staff's memorandum on this item.
"Financial Impact
Changes are proposed to the City Code that will help the City establish that its existing 'pay -as -
you -throw " trash provisions (PAYT) are being consistently implemented by all licensed trash
haulers. The amendments would require haulers to retain a set of critical records that are needed
for City auditors to verify that trash service customers are being charged for extra setouts.
Executive Summary
The existing Code provisions require trash hauling companies to charge variable rates (the more
you throw away, the more you pay) to residential single-family households, a system that creates
financial incentive for households to accomplish greater levels of waste reduction and recycling.
Currently, only a surveillance approach would allow the City to conclusively establish compliance
with this requirement. Through review of certain records (i.e., haulers' daily routing sheets), the
City would be able to monitor compliance with the PAYT system.
The Ordinance was developed as a follow-up assignment to the study session in August 1999 when
Council expressed interest in continuing to improve recycling in the community. After evaluating
the 1995 PA YTprovisions, staff determined that the City would need to specify this new record -
keeping requirement in order to ensure that variable rates are being applied, and would be better
able to monitor and enforce compliance with the Code provisions through the addition of the
suggested procedural requirements and mechanisms.
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February 15, 2000
BACKGROUND:
In 1995, the City took a number of new steps to increase recycling, which included adoption of a
variable trash rates ordinance. The PAYT system helped motivate citizens to sign up for trash
haulers' curbside recycling programs, which were made available at no additional charge (86% of
the city's households now use the curbside service).
During Council's review in August ofprogress that been accomplished in recycling, a number of
additional new proposals were discussed to further increase recycling and waste diversion. Among
them was to evaluate how well the PAYT system, after being in effect for nearly five years, is being
applied. As a result ofthat evaluation, staffileveloped this recommendationfor making amendments
to the regulations.
Public Involvement
The changes that are being brought to the Council at this time were extensively reviewed with the
affected businesses and with the Natural Resources Advisory Board as follows.
• First draft of amendments — October 25
• NRAB Solid Waste Reduction Committee meeting — November 1
• Notification, mail out amendments to trash haulers — November 5
• Review at NRAB meeting —November 17
• Meeting with trash haulers — November 24
• Letter to haulers with redrafted Code language and 11124 meeting minutes — December 3
• NRAB Solid Waste Reduction Committee - December 6
• Meeting with individual hauler's attorney — December 16
• NRAB Solid Waste Reduction Committee — January 10
• Follow-up letter to all haulers, including third draft of Code language — January 21
Recommendation
Since it went into effect in 1996, citizens have consistently expressed concern to City staff about lack
of compliance by haulers with the PAYT ordinance. Staff, however, did not pursue an enforcement
approach and instead worked in a collaborative mode to allow haulers time to workout new billing
systems for extra charges. Staff now concludes that the City should have an improved ability to
determine ifa hauler has failed to carry out the variable trash rate requirement, and the Cityshould
have additional authority to correct the problem. It will help create "an even playing field" for
haulers who are following the law, because they are clearly put to an unfair disadvantage by their
competitors who fail to charge customers for extra trash.
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February 15, 2000
To address these concerns, new language is needed in the Code to allow the City access to evidence
of violation, the absence ofwhich currently prevents stafffrom resolving complaints. To enable the
City to enforce its own laws and respond to violations, there must be requirements for the haulers
to keep records that document customers' "overages ", and the City must have a clear process for
staff to audit haulers' books when necessary, and will need the ability to take action to suspend or
revoke a license in the event of egregious or repeated violations. "
("Secretary's Note: City Attorney Roy arrived at the meeting at approximately this point.)
Susie Gordon, Natural Resources Program Manager, explained the agenda item and noted that four
of six trash haulers agree with the proposal.
Councilmember Weitkunat asked about the magnitude of the problem that is being addressed.
Gordon spoke regarding feedback received regarding failure to charge for additional trash.
Councilmember Weitkunat asked about the complaint process. Gordon explained the complaint
process. Carrie Daggett, Assistant City Attorney, spoke regarding the process used to follow up on
complaints.
Councilmember Weitkunat expressed concerns about the five-year revocation period. Daggett stated
that five years would be the maximum possible revocation period. City Manager Fischbach noted
that staff could review the five-year revocation period prior to Second Reading of the ordinance.
Councilmember Weitkunat asked about the appeal process. City Manager Fischbach explained the
involvement of the Financial Officer and the City Manager in the appeal process.
Mayor Martinez asked about the tracking of complaints. Gordon stated that notations are kept and
a formal complaint log is not maintained.
Councilmember Mason spoke regarding inconsistencies in enforcement.
Mayor Martinez asked about enforcement. Gordon spoke regarding tracking through the bills and
trash haulers route logs. Daggett spoke regarding provisions allowing audits and investigations in
response to complaints or other information received.
Councilmember Kastein spoke regarding the difficulty of enforcement.
Councilmember Byrne asked if the public interest is in reducing the volume of trash that goes to the
landfill. Gordon spoke regarding resource conservation and extension of the life of the landfill.
Mayor Martinez asked for clarification regarding the changes being made by the ordinance. Daggett
outlined the changes being made.
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February 15, 2000
Mayor Martinez asked about trash haulers picking up bags of grass and leaves. Gordon stated that
this is allowed and that other communities prohibit this.
Councilmember Weitkunat expressed a concern regarding the provisions pertaining to suspension
and revocation. Daggett spoke regarding the process for review of decisions to suspend or revoke.
Steve Roy, City Attorney, stated that the Code sets out a general penalty for violations of any Code
provisions and that this ordinance would provide for additional recourse of suspension or revocation.
Daggett stated that the penalty would be tied to the specific circumstances.
Councilmember Byme asked if the trash haulers have accounting capability to comply with the
ordinance. Gordon stated that haulers maintain route logs on paper. City Manager Fischbach noted
that staff has worked with the trash haulers to make certain that the requirements of the ordinance
are feasible.
Councilmember Bertschy asked about the audit schedule. Gordon stated that a schedule has not
been established.
Councilmember Kastein expressed a concern about the five-year revocation period. City Manager
Fischbach stated that staff will review the issue prior to Second Reading.
Councilmember Kastein asked about the necessity of including revocation as a penalty. City
Attorney Roy stated that it is important to include a procedure for suspending or revoking any type
of license.
Councilmember Bertschy made a motion, seconded by Councilmember Mason, to adopt Ordinance
No. 22, 2000 on First Reading and to direct staff to review shortening the maximum length of time
of suspension or revocation.
Councilmember Mason commented regarding the importance of the pay -as -you -throw ordinance
for the community and environmental consciousness.
Councilmember Bertschy spoke in support of a scheduling system for audits.
Councilmember Kastein asked what percentage of trash hauled in Fort Collins goes to landfills other
than the Larimer County landfill. Gordon stated that there is a landfill in Ault and estimated that
80 to 90% of trash in Fort Collins goes to the Larimer County landfill.
Councilmember Mason asked about interest in directing the Natural Resources Advisory Board to
look at the issue of placing restrictions on landfill disposal of yard waste and leaves. City Manager
Fischbach stated that staff would prepare a two -page memo on the issue.
[LOX]
February 15, 2000
The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Byrne, Kastein, Martinez,
Mason and Weitkunat. Nays: None.
THE MOTION CARRIED.
Resolution 2000-29
Authorizing One or More Intergovernmental Agreements with
Poudre School District and Approving the Project List for the
Building Community Choices City/School District Capital Projects, Adopted
The following is staff s memorandum on this item.
"Financial Impact
$326,355 has been appropriated in the 2000 budget to spend on these projects. The remainder of
the funding, approximately $370, 000, is scheduled for appropriation in the 2001 budget.
Executive Summary
In August, 1999, the City/Poudre School District Liaison Committee supported a recommendation
to expend funds from Building Community Choices (BCC) on several capital projects that will
benefit the City, the Poudre School District (PSD), and the community. City and PSD staff
conducted outreach this past fall, and found widespread support for the projects.
On January 24, 2000, the Board of Education voted to support the Liaison Committee's
recommended projects, which include the following: (1) develop a softball field at Poudre High
School, Rocky Mountain High School, and Preston Junior High School; (2) renovate existing
softball/baseball fields at Blevins and Webber Junior High Schools; (3) move a soccerfield at Rocky
Mountain High School; (4) build an in -line hockey rink and a skate park at Edora Park; and (5)
renovate the skate park at the Northside Aztlan Community Center.
BACKGROUND:
The passage by the voters of Ordinance No. 31, 1997, in April, 1997, authorized $600, 000 (1996
dollars) to fund cooperative City/PSD capital projects. The City/PSD Liaison Committee was given
the task ofreviewing variousproject ideas and making recommendation to the Board of Education
and the City Council for final adoption.
Many project ideas were identified and discussed since the passage of the Referendum in 1997.
Following is a listing of these project ideas:
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February 15, 2000
• Various school gymnasium expansions (most notably Putnam Elementary
School and Boltz Junior High School)
• Development ofsoccer and softball facilities at Rocky Mountain High School
• Softball/baseball field renovations at Webber and Blevins Junior High Schools
• Development of property at Preston Junior High School
• Various school tennis court renovations
• Addition of ballfleld lights at Lincoln Junior High School
• LINC library enhancements
• Restroom addition at Boltz athletic complex
• Community room addition at Barton Early Childhood Center
• Improvements to various school meeting rooms, chosen for their geographical
placement around the community, for use by community groups
• Roller hockey and skateboard facilities on school property
• Roller hockey and skateboard facilities on City property
• Grant program to be administered through the junior high schools
• Addition of a soccer field at Fort Collins High School/Case Park
• Addition of basketball goals at Fort Collins High School parking lot
• Addition of lighted bal f elds on Colorado State University property southeast
of Hughes Stadium (rodeo grounds)
• Creation of a youth center at Boltz Junior High School
The Recommended Projects
The Liaison Committee spent a great deal of time discussing many of these ideas. The Committee
eliminated some because they were too expensive. Others were eliminated because the timing was
not congruent or the process was cumbersome. After two years of deliberation, the committee
agreed to the following list of projects:
• Build a softball field at Poudre and Rocky Mountain High Schools and Preston
Junior High School
• Renovate existing softball/baseball fields at Blevins and Webber Junior High
Schools
• Relocate a soccer field at Rocky Mountain High School to accommodate the
new softball field
• Build an in -line hockey rink and a skate park at Edora Park
• Renovate the skate park at the Northside Azdan Community Center
These projects were chosen because of the high need in the community for additional quality
facilities for youth. They were also chosen because quite a few projects could be accomplished
within the funding available. They also are fairly well distributed geographically throughout the
community. Attachment A is an estimated distribution of funding to each project.
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February 15, 2000
Proiect Explanation and Rationale
A. Build a softball field at each of three schools: Poudre and Rocky Mountain High Schools
and Preston Junior High School; renovate four existing softball/baseball fields at Webber
and Blevins Junior High Schools.
Fort Collins has a large active youth population and there are not enough ballfields to meet
the growing demand. PSD lacks softball fields at Poudre, Rocky, and Preston, and teams
from these schools are forced to travel to City parks to practice and play their scheduled
games. This has resulted in additional ongoing costs to PSD in time and travel, and
prevents drop -in users and non-PSD leagues from using these City fields. PSD's use of City
ballfields in the afternoons conflicts with popular City -sponsored evening softball leagues
by often creating delays in start times for the evening games. The result is little or no time
for maintenance stafftoproperlyprepare theftelds to avoid safetyproblems. Thenewfields
at these three schools create more opportunities for the City and PSD to schedule the
numerous private non-profit youth softball and baseball groups. These fields will be used
for youth games and community drop -in and will not be lighted.
Renovation of the existing fields at Webber and Blevins will not only improve safety and
playabilityforschool programs and teams, but also for the private non profit youth baseball
and softball organizations when the schools are not using them. Base path distances will
be expanded so a wider age range of teams can use them, increasing their versatility.
Renovation will include addingpartial sidelinefencing and dugouts and replacing thegravel
infields with an appropriate mix. The renovation will not include lights.
The new and renovated softballlbaseball fields at these five schools will create at least five
positive results:
1. A better, less costly PSD competitive softball program
2. Expanded facilities for physical education activities
3. Better quality and safer programs
4. More fields available for ballplayers in the community, with an emphasis on youth
5. A good geographical distribution of new or improved fields throughout the city
B. Relocate a soccer field at Rocky Mountain to accommodate the new ballfield
The new softball field at Rocky fits best on a site that is currently used for soccer. Another
space is available and has the ideal topography for a soccer field. Relocation would involve
some grading, adding a sprinkler system, and seeding. According to a report published in
1999 by the National Sporting Goods Association, the number ofpeople playing soccer has
increased by 53% in the last decade. Both the youth and adult soccer programs in Fort
Collins continue to grow, making it imperative to replace this field.
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February 15, 2000
C. Build a new skate parkand in -line hockey rink at Edora Parkand renovate the existingskate
park at Northside Aztlan Community Center.
The City received a Great Outdoors Colorado (GOCO) grant in 1999 for part of the
construction of a second skate park, which will be located in Edora Park. Additional
fundingfrom BCC will providepart ofthe required match for the grant and also allow some
additional flexibility in the design and size of the park.
The existing skate park at the Northside Aztlan Community Center was constructed several
years ago with a limited budget. This was a trial facility to determine the amount of use and
the continued popularity of the sport. Staffand the local skateboarders designed it. Use has
been significant and sustained. The wood framed structures need ongoing repairs and
rebuilding. Funding would be used to increase the amount of sheet metal on various
surfaces to reduce the rate of deterioration.
Skateboarding and in -line skating are very popular youth activities and often provide
physical activity outlets for youths and teens who do not participate in traditional team and
individual sports. These facilities will allow both PSD and the City to serve a youth clientele
that is often very different from the kids who play softball, soccer, tennis, and other
traditional sports. The National Sporting Goods Association 1999 report indicates that in -
line skating has grown 650% since 1990. The City's current skate facility is used not only
by boarders, but also by in -line skaters and BMX bikers. Additional facilities will help meet
the needs of those who live south ofdowntown. PSD Staffand Board are supportive of more
skating facilities for youths and teens.
Public Outreach
Outreach was conducted last fall at each of the affected schools, and involved physical education
teachers, coaches, administrators, and students. Input was gathered from several local businesses
that support skateboarding and in -line skating, as well as from people in the community who
participate in these activities. In addition, input was sought from the community organizations that
schedule ballfzelds. Finally, input was obtained from the City's Parks and Recreation Board and
Youth Advisory Board.
The outreach effort was met with widespread support for the projects. Both City Boards supported
the project list (Attachments Band Q. Over 300 comments were received from students and adults
alike, supporting both the school improvements and the development of the skating facilities. Over
400 names appeared on petitions supporting the skating facilities.
Following is a list of outreach participants:
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February 15, 2000
- Poudre High School
- Rocky Mountain High School
- Preston Junior High School
- Webber Junior High School
- Blevins Junior High School
- Fort Collins Baseball Club
- Fort Collins Buckaroos
- Fort Collins Girls Softball
- Triple Crown Sports
- Skateboard and in -line hockey input
- Parks and Recreation Board
- Youth Advisory Board
- Support lettersfrom the GOCO grant applicationfor the skatepark, for which the
City received partial funding
Stafffrom PSD and the City will work closely together on these projects, and are prepared to move
forward with timeline development and project design as soon as the recommended proposal is
approved by City Council. Projects will be prioritized and then completed as quickly as possible,
working around school and competitive sports seasons and schedules. City staffwill also work with
PSD to create one or more intergovernmental agreements to address ownership, maintenance,
scheduling, and related issues.
Summary
It is well documented that regular physical activity contributes to the overall physical, mental,
psychological, and emotional health ofpeople ofall ages. Participation in physical activity releases
stress, strengthens muscles, strengthens the heart and lungs, and increases alertness. Competition
builds sefconfidence, social skills, and teaches life lessons associated with success and failure.
It is also well documented that the residents of Fort Collins exceed the national statistics when it
comes to sports participation. For instance, the national numbers show a recent decline in
softball/baseball participation. This is not true, however, in Fort Collins. The number of Fort
Collins youths and adults who participate in organized sports, including baseball and softball, has
steadily increased over the past ten years. In 1998, over 9,500 youths and adults or about 9% of
the local population participated in organized baseball and softball programs in Fort Collins. In
addition, 3,516 teams involving 50,170 participants played in local softball and baseball
tournaments in 1998.
The Cityand PSD have both experienced a steady increase in the number ofrequests for indoor and
outdoor sports space. In the past few years, neither the City nor PSD has been able to fully
accommodate all requests forfacility use. As the City continues to grow, the number ofrequests will
continue to increase, and both the City and PSD will continue to fall behind in meeting these needs.
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Building these importantprojects will only help community members continue to enjoy these healthy
pastimes.
ATTACHMENT A
ESTIMATED COSTS FOR CITY/PSD PROJECTS
ESTIMATED
LOCATION
ITEM
COST
Preston
Ball field
$ 75,000
Webber
2 ball fields (renovation)
75,000
Blevins
2 ballfields (renovation)
75,000
Poudre
Ball field
75,000
Rocky Mountain
Ball field and soccer field
110,000
Edora Park
Skate park
60,000
In -line skating rink
160,000
Northside Aztlan Community Center
Skate park (renovation)
60,000
Subtotal.
$ 690,000
1 % for art
6,900
TOTAL ESTIMATED COST:
$ 696,900
City Manager Fischbach introduced the agenda item.
Mike Powers, CLRS Director, presented background information regarding the agenda item.
Councilmember Byrne asked about the cost of the in -line skating rink and operations and
maintenance. Marty Heffernan, Assistant to the CLRS Director, stated that the estimated cost is
$160,000 and that the School District would maintain the rink if it is located on District property
while the City would maintain it if it is located on City property.
Councilmember Mason asked about the intent of having a cooperative project with the School
District in the Building Community Choices program. Powers stated that this arose from prior
experience in problems with sequencing of City/School District projects.
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Councilmember Mason asked about access to the fields by the community at large. Powers stated
that such access was a requirement of both the City and the School District. Mayor Martinez noted
discussions of the Liaison Committee regarding giving priority to youth.
Councilmember Bertschy supported a strong commitment to give youth first access to the fields and
to open the fields to the public.
Councilmember Mason requested a two -page memorandum regarding the frequency ofpublic access
to the new Fort Collins high school theater.
Councilmember Mason made a motion, seconded by Councilmember Weitkunat, to adopt
Resolution 2000-29.
Councilmember Mason commented regarding community dialogue discussions at the time he served
on the previous Liaison Committee regarding capital partnerships that would have an educational
purpose.
Councilmember Byrne thanked staff for its work on the issue and urged continued work on
cooperative projects with the School District.
Councilmember Kastein spoke in support of such cooperative ventures and looking at other needs
on a cooperative basis in the future.
Councilmember Bertschy thanked staff for its work and noted the improvements to Atzlan park.
Mayor Martinez spoke in support of the Resolution and the benefits of this cooperative venture.
The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Byrne, Kastein, Martinez,
Mason and Weitkunat. Nays: None.
THE MOTION CARRIED.
Other Business
Resolution 2000-43
Opposing Proposed Amendments to House Bill 1223, Adopted
The following is staffs memorandum on this item.
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"Executive Summary
HB 1223 is a bill that proposes to further enable and encourage local governments to plan for and
manage growth. The City has adopted a resolution supporting HB 1223 as it was originally
introduced, as well as other State Growth Management Legislation that would establish basic
planning requirements for fast growing communities.
Since the adoption of the Resolution, several amendments have been made to HB 1223. The
Legislative Review Committee has reviewed these amendments, and views several of the
amendments as having a potential negative effect on the City. This is because amendments include
provisions that limit the length of time within which the City must provide services to annexed
property, as well as provisions that require cities to permit other utility service providers to provide
services to annexed areas rather that allowing services to be provided through city -owned utilities.
The amendments proposed by the bill could limit the City's options for managing the way it grows.
Without balancing these new limitations with a requirement that counties provide appropriate
services, these amendments could further encourage inappropriate urban level development outside
of municipalities.
Also, passingHB 1223 in its current amended form would give all utility service providers, in effect,
an automatic franchise which would entitle them to serve all annexed areas of the City when an area
currently served by one ofthe utilities is annexed. No meaningful consent would need to be obtained
from the Cityfor thatfranchise. This would significantly limit local control, infringe upon the City's
constitutional and home -rule powers concerning the granting offranchises, limit growth of General
Fund revenues, increase the cost to citizens for electricity, increase General Fund costs, and reduce
quality and levels of service for the citizens of Fort Collins.
This Resolution expresses the Council's continued support for the Bill in its original form, its
continued support for stronger growth management legislation, and its opposition to these negative
amendments. "
City Manager Fischbach recommended Council consideration of the proposed Resolution
Councilmember Weitkunat noted Legislative Review Committee discussions relating to the
proposed House Bill.
Councilmember Weitkunat made a motion, seconded by Councilmember Mason, to adopt
Resolution 2000-43. The vote on the motion was as follows: Yeas: Councilmembers Bertschy,
Byrne, Kastein, Martinez, Mason and Weitkunat. Nays: None.
THE MOTION CARRIED
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February 15, 2000
Councilmember Mason spoke regarding the threatening language against specific community
leaders that appeared in Eddie Faillace's column in the Forum in light of heightened sensitivity
following the Columbine school shootings.
Councilmember Byrne asked about freedom of speech issues. City Attorney Roy stated that legal
research could be done regarding the issue.
Councilmember Weitkunat spoke regarding free speech and suggested that the issue maybe beyond
the purview of the Council.
Councilmember Kastein stated that while it is important for individual Councilmembers to raise
issues that he would not support the Council as a whole taking any kind of sanctions in this situation.
Councilmember Bertschy noted the importance of the discussion and commented that there is a fine
line to walk on such matters. He requested additional legal perspective on the matter for general
information.
Councilmember Mason stated that his intent is discussion of the issue by community leaders rather
than some type of formal action. He expressed his distaste for the language used by the columnist.
Councilmember Byrne commented regarding the responsibility of publications to present views in
a fair way.
Councilmember Kastein stated that personal attacks in any form serve no purpose.
Mayor Martinez spoke regarding forgiveness and stated that he would not support formal sanctions.
Councilmember Byrne proposed having the Governance Committee discuss the process for
evaluations of the City Attorney, City Manager and Municipal Judge.
Mayor Martinez spoke regarding a proposed process for this discussion.
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Councilmember Byrne suggested that the recommendation developed by the Governance Committee
be brought forward for adoption of a Council Resolution on the issue.
Councilmember Mason spoke regarding discussions ofthe previous Council regarding the evaluation
process.
Councilmember Kastein noted that work is going on with the Board of Realtors and CSU groups
regarding the public nuisance ordinance.
Councilmember Bertschy noted that he has met with Linda Hopkins and Scott Wilkinson regarding
the public nuisance ordinance.
Councilmember Mason noted that a public hearing is scheduled on the proposed ordinance in March.
Councilmember Weitkunat expressed concern regarding the magnitude of public input on the
proposed ordinance.
Adjournment
The meeting adjourned at 9:05 p.m.
Mayor
ATTEST:
City Clerk l3
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