HomeMy WebLinkAboutMINUTES-05/06/1997-RegularMay 6, 1997
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council -Manager Form of Government
Regular Meeting - 6:30 p.m.
An regular meeting of the Council of the City of Fort Collins was held on Tuesday, May 6, 1997,
at 6:30 p.m. in the Council Chambers of the City of Fort Collins City Hall. Roll Call was answered
by the following Councilmembers: Yeas: Councilmembers Azari, Byrne, Kneeland, Mason, Smith
and Wanner.
Councilmembers Absent: Bertschy.
Staff Members Present: Fischbach, Krajicek, Roy.
Agenda Review
City Manager John Fischbach requested that Item 419, Resolution 97-62 Recommending Denial of
a Waiver of the UGA Public Street Capacity Phasing Criteria Requirement for the Aurora Hills
Subdivision, be postponed until the May 20, 1997 meeting. He reported that Council received a
revised copy of Items 916, Items Relating to Fort Fund Guidelines, and Item #17, Items Relating to
Rules and Guidelines Governing Council Meetings, in its "Read Before the Meeting" packets.
***CONSENT CALENDAR***
The Consent Calendar consists of Item Numbers 7 through 20. This Calendar is intended to allow
the City Council to spend its time and, energy on the important items on a lengthy agenda. Staff
recommends approval of the Consent Calendar. Anyone may request an item on this calendar to be
"pulled" off the Consent Calendar and considered separately. Agenda items pulled from the Consent
Calendar by the Public will be considered separately under Agenda Item #22, Public Pulled Consent
Items. Items pulled from the Consent Calendar by staff or Councilmembers may be considered
separately under Agenda Item #26, Council/Staff Pulled Consent Items.
7. Second Reading of Ordinance No 64, 1997, Making Certain Minor Revisions to the Land
Use Code.
The Fort Collins Land Use Code was adopted on Second Reading on March 18. At that
meeting, Council, staff, and members of CPAC all stressed that the Code needed to be
viewed as a "living document", and acknowledged that the Code would require periodic
revisions to both correct errors or omissions in the document and to refine the regulations
within the Code to resolve issues.
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May 6, 1997
Ordinance No. 64, 1997, which was unanimously adopted on First Reading, is the first step
in that process of ongoing revisions to the Code to address problems or issues.
8. Second Reading of Ordinance No. 65, 1997, Appropriating Unanticipated Revenue in the
Capital Projects Fund for Restoration Work at the Old Colorado and Southern Freight Depot
and Annie's Grave Site Located at 136 West LaPorte Avenue.
On May 14, 1996, the Colorado Historical Society awarded the City of Fort Collins a grant
to complete historical renovation work for the Colorado and Southern Railroad Freight Depot
and Annie's grave site. Ordinance No. 65, 1997 was unanimously adopted on First Reading
on April 15, 1997.
9. Second
Reading
of Ordinance No. 67. 1997. Appropriating Unanticipated
Grant Revenue
in the
General
Fund and Authorizing the Transfer of Appropriated
Amounts Between
Accounts
and Projects
for the Eastside/Westside Neighborhoods
Survey Grant.
Accepting this grant enables the Fort Collins Advance Planning Department to conduct an
architectural survey of approximately 5,500 buildings. The initial survey will be followed
by a more intensive -level survey of 300 selected buildings and the preparation of
nominations for one or two potential National Register or Local Landmark districts. This
two-year project is critical to identifying those historic structures eligible for City and State
preservation incentives, such as Colorado State Tax Credits and the City's Landmark
Rehabilitation Grant Program. In addition it will lay the ground work for future district
designations, if any, following the adoption of a district designation process. Ordinance
No. 67, 1997 was unanimously adopted on First Reading on April 15, 1997.
10. First Reading of Ordinance No. 68, 1997, Amendine Section 5-27 of the City Code
Regarding Building Fee Permits.
The proposed Ordinance amends the current "Building Permit Fee" table in the Building
Code. If the Ordinance is adopted, a $75 reduction in the building permit fee for a new home
will be granted to those builders who utilize performance -based, total building energy
systems analysis rather than the conventional, "prescriptive" list of mandated minimum
specifications to demonstrate that their proposed new home complies with the City's
Residential Energy Code. The systems analysis path is a comprehensive evaluation tool that
offers the most flexibility through the use of a computer program. This method results in a
home energy -efficiency "rating" with an assigned number between 1 and 100 as determined
by an independent qualified technician. Unlike the prescriptive method, systems analysis
offers variability and "trade-offs" among all the energy -related components that go into new
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May 6, 1997
construction, provided the end product uses no more energy than the identical home built
using the conventional energy standards.
11. First Reading of Ordinance No. 69, 1997, Amending Sections 26-118(c) and 26-277(c) of
the City Code Relating to Payments In Lieu Of Taxes (PILOT) for the Water and Wastewater
Utilities.
On November 5, 1996, City Council adopted Ordinance No. 137, 1996, increasing the
percentage of Water Fund and Wastewater Fund operating revenues paid into the City's
General Fund in lieu of the payment of taxes. Although Ordinance No. 137 increased
payments in lieu of taxes (PILOT) from 5.0 percent to 6.0 percent as of January 1, 1997, the
sections of the City Code that establish user rates were not revised to take into account this
increase.
12. First Reading of Ordinance No. 70, 1997, Appropriating Prior Year Reserves in the General
Fund.
Lodging tax receipts for 1996 were estimated at $393,188 while the actual receipts totaled
$427,714. The 1997 budget appropriated the estimated 1996 receipts of $393,188. The
additional 1996 lodging tax receipts in the amount of $34,526 have not been appropriated.
In accordance with Ordinance No. 127, 1989, 75% of the total receipts are to be used for the
promotion of convention and visitor activities, and 25% for cultural development and
programming (CDP) activities. Resolution 95-177 sets the City's 1997 contribution to the
Convention and Visitors Bureau (CVB) at $250,000 with a budget increase not to exceed the
prevailing rate of inflation as established by the Denver -Boulder Consumer Price Index.
13. First Reading of Ordinance No 71 1997 Appropriating Unanticipated Revenue in the
General Fund Related to the Implementation of the 1996 Energy Code Revisions,
This Ordinance appropriates $10,000 of unanticipated revenue in the General Fund for
contractor and staff training on the Fort Collins Residential Energy Code funded by a US
Department of Energy grant.
14. First Reading of Ordinance No 72, 1997 Exchanging_ Property with the City of Greeley to
Partition Ownership of the Rockwell Ranch.
On February 20, 1996, the City Council adopted Resolution 96-26 which directed the staff
to pursue a land exchange with the United States Forest Service (USFS), utilizing the
USFS's administrative process. The purpose of the land exchange was to secure City
ownership of the land under and around Joe Wright Reservoir. The land exchange involves
trading a portion of the Rockwell Ranch properties (jointly owned by the City of Fort Collins
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May 6, 1997
and the City of Greeley) to the USFS in exchange for the land located under and around the
reservoir.
15. First Reading of Ordinance No. 73, 1997, Dedicating .76 Acres of Land as a Public Highway
and 11 Acres for a Non -Exclusive Utility Easement to Public Service for Improvements to
County Road 42C.
Larimer County's Short Range Highway Improvements Program includes plans for
reconstruction, overlay and widening of a .56 mile segment of County Road 42C, adjacent
to the Pineridge Open Space area. This alignment requires the dedication of approximately
.76 acres of additional right-of-way and approximately .I I acres for relocation of a Public
Service utility access easement. All disturbed areas will be hydroseeded by the County.
CLRS has reviewed and approved the project. The work is currently scheduled to take place
in July and August 1997.
16. Items Relating to Fort Fund Guidelines.
A. First Reading of Ordinance No. 74, 1997 Amending Section 2-203 of the City Code
to Authorize the Cultural Resources Board to Make Recommendations for
Distribution of Certain Tourism Funds.
The Cultural Resources Board (the "Board") is authorized by the City Code
to review proposals for funding from the Cultural Programming Account and
to submit recommendations to the City Council regarding such proposals for
approval. The additional revenues for tourist related special events are not
in the Cultural Programming Account because they are generated from the
portion of the lodging tax that is designated for the promotion of convention
and visitor activities. These funds are deposited in the Tourism Programming
Account. This Ordinance simply amends Section 2-203 of the City Code to
authorize the Board to review proposals for funding from the Tourism
Programming Account, following the Fort Fund Guidelines, and to submit
recommendations regarding the proposals to the Council for approval.
B. Resolution 97-60 Adopting the Recommendations of the Cultural Resources Board
to Modify the Fort Fund Guidelines and Authorizing the City Manager to Make
Future Amendments to Said Guidelines.
This Resolution revises the guidelines and application forms to be used for
grant requests from the City's Cultural Development and Programming
Account (Fort Fund). These revisions are necessary to properly distribute
additional lodging tax revenues being disbursed to the Account for the
support of events that draw visitors to the Fort Collins area.
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May 6, 1997
17. Items Relating to Rules and Guidelines Governing Council Meetinps.
A. First Reading of Ordinance No. 75, 1997, Amending Section 2-28 of the City Code
Pertaining to the Scheduling of Regular Meetings of the City Council.
B. Resolution 97-67 Adopting Certain Rules of Procedure Governing the Conduct of
City Council Meetings.
At the City Council Retreat on Saturday, April 19, 1997 Council members Bill Bertschy and
Chuck Wanner accepted the charge to develop and submit a recommendation to City Council
regarding a set of rules and guidelines for conducting business during regular Council
meetings as well as Council study sessions.
Preliminary recommendations were presented to Council members at the April 22 study
session. Based on the discussion, a revised set of recommendations was prepared and
discussed at a special work session on April 29.
18. Resolution 97-61 Extending the Deadline for Reimbursing the Stormwater Fund for the
Purchase of the Old Colorado and Southern Freight Depot Site.
On December 20, 1994 Council adopted Resolution 94-211 which authorized the City to
purchase the Old Colorado and Southern Freight Depot (the "Depot") site located at 136
West LaPorte Avenue. Stormwater funds in the amount of $690,000 were used to purchase
the Depot site with the intent to restore the building and utilize it for office space for the
Stormwater Utility. In 1996 the City administration decided the Stormwater Utility would
relocate to the Utility Service Center at 700 Wood Street, rather than use the Depot for
Stormwater office space. Resolution 94-211 also stated that the Stormwater Fund would be
reimbursed by January 31, 1997 for the cost, including interest, of acquiring any portion of
the property which, according to the then current plans for the property, will not be used for
Storm Drainage purposes. This Resolution extends the reimbursement deadline to December
31, 1997.
19. Resolution 97-62 Recommending Denial of a Waiver of the UGA Public Street Capacity
Phasing Criteria Requirement for the Aurora Hills Subdivision.
This is a waiver request by the developer of the Aurora Hills Subdivision to exempt the
project from the off -site street improvement requirements of the Intergovernmental
Agreement (IGA). The proposed Aurora Hills Subdivision consists of 32 dwelling units on
7.5 acres, located west of College Avenue, east of Constellation Drive, south of Skyway
Drive, and north of Trilby Road in unincorporated Latimer County. The request for the
waiver from the public street capacity phasing criteria requirement is not justified under the
terms of the Intergovemmental Agreement with Latimer County for the Fort Collins Urban
Growth Area.
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May 6, 1997
20. Resolution 97-63 Amending Resolution 97-33 and Authorizing Acquisition by Eminent
Domain Proceedings of Certain Additional Land Necessary for the Construction of the
Timberline Road Improvement Project.
The construction of a Choices 95 transportation project -- the Timberline Road Improvement
Project -- is currently scheduled to start by September 1997 and be completed by fall of
1998. Staff currently anticipates that construction of the proposed improvements will require
the acquisition of additional permanent ROW and/or temporary construction easements from
21 properties. Staff has initiated the ROW acquisition process -- discussing the project with
the property owners, obtaining appraisals, preparing offers and negotiating for the required
ROW. Staff will continue good faith negotiations and expects that most, if not all, of the
negotiations will be successful.
21. Resolution 97-64 Endorsing the Federal "National Economic Crossroads Transportation
Efficiency Act" (NEXTEA).
ISTEA will expire on September 30, 1997 and NEXTEA is the Administration's proposal
to replace and continue the programs and funding for national transportation needs for the
next six federal fiscal years beginning October 1, 1997. The NEXTEA bill would continue
flexible funding of transportation needs, increase Congestion Management and Air Quality
program funding, maintain the 10% enhancement set aside from the Surface Transportation
Program, and increase funding for Metropolitan Planning.
22. Routine Deeds and Easements.
A. Deed of Easement from English Ranch South LLC and Spring Creek Farms LLC for
the purpose of permanent utility and drainage, located north of Harmony Road and
west of County Road 9. Monetary consideration : $0.
B. Deed of Easement from Front Range Baptist Church for the purpose of permanent
drainage, access, and utility, located south of Harmony Road and west of Lemay
Avenue. Monetary consideration: $10.
C. Deed of Easement from Columbine Convenience Stores LLC for the purpose of
permanent utility and pedestrian access, located at the southwest corner of College
Avenue and Willox Lane. Monetary consideration:$10.
D. Deed of Easement from CSU Research Foundation for permanent drainage, located
north of Drake Road and east of Shields Street. Monetary consideration: $0.
E. Deed of Easement from CSU Research Foundation for temporary emergency access
and turnaround, located north of Drake Road and east of Shields Street. Monetary
consideration: $0.
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May 6, 1997
F. Deed of Easement from CSU Research Foundation for permanent utilities, located
north of Drake Road and east of Shields Street. Monetary consideration: $0.
G. Deed of Easement from D. Jensen Enterprises for the purpose of temporary vehicle
turn -around, located east of Shields Street and south of Trilby Road. Monetary
consideration: $10.
H. Deed of Easement from D. Jensen Enterprises for the purpose of temporary
emergency access, located east of Shields Street and south of Trilby Road. Monetary
consideration: $10.
I. Deed of Easement from D. Jensen Enterprises for the purpose of temporary vehicle
turnaround, located east of Shields Street and south of Trilby Road. Monetary
consideration: $10.
J. Deed of Easement from D. Jensen Enterprises for the purpose of temporary grading
and drainage, located east of Shields Street and south of Trilby Road. Monetary
consideration: $10.
K. Deed of Easement from D. Jensen Enterprises for the purpose of permanent utility,
located east of Shields Street and south of Trilby Road. Monetary consideration:
$10.
L. Deed of Easement from Southland Corporation to underground existing overhead
electric system, located at 505 South Shields. Monetary consideration: $840.00.
M. Deed of Easement from Clifford and Leah Buchholz for the purpose of permanent
detention, located east of College Avenue and south of Willox Lane. Monetary
consideration: $10.
N. Deed of Easement from Oak Farm, Inc., for the purpose of temporary drainage,
located at the northeast corner of Harmony Road and Timberline Road. Monetary
consideration: $10.
O. Deed of Easement from Oak Farm, Inc., for the purpose of permanent utility,
drainage, and access, located at the northeast corner of Harmony Road and
Timberline Road. Monetary consideration: $10.
P. Deed of Easement from Bettie C. Hervey, a/k/a Bettie C. Wilcox, to install electric
oval vault to underground existing overhead electric services, located at 1120 West
Myrtle. Monetary consideration: $10.
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May 6, 1997
Q. Deed of Easement from F C Timberline Development, LLC for a 10-foot permanent
easement dedication for the Harmony Transmission Main IV waterline, located by
Harmony Town Centre PUD. Monetary consideration: $10.
R. Deed of Easement from David and Susan Baglee, to install oval vault to underground
existing overhead electric system, located at 418 Riddle Drive. Monetary
consideration: $80.
Items on Second Reading were read by title by City Clerk Wanda Krajicek.
Second Reading of Ordinance No. 64, 1997, Making Certain Minor Revisions to the Land
Use Code.
Second Reading of Ordinance No. 65, 1997, Appropriating Unanticipated Revenue in the
Capital Projects Fund for Restoration Work at the Old Colorado and Southern Freight Depot
and Annie's Grave Site Located at 136 West LaPorte Avenue.
9. Second Reading of Ordinance No. 67, 1997, Appropriating Unanticipated Grant Revenue
in the General Fund and Authorizing the Transfer of Appropriated Amounts Between
Accounts and Projects for the Eastside/Westside Neighborhoods Survey Grant.
Items on First Reading were read by title by City Clerk Wanda Krajicek.
10. First Reading of Ordinance No. 68, 1997, Amending Section 5-27 of the City Code
Re ag rding Building Fee Permits.
11. First Reading of Ordinance No. 69, 1997, Amending Sections 26-118(c) and 26-277(c) of
the City Code Relating to Payments In Lieu Of Taxes (PILOT) for the Water and Wastewater
Utilities.
12. First Reading of Ordinance No. 70, 1997, Appropriating Prior Year Reserves in the
General Fund.
13. First Reading of Ordinance No. 71, 1997, Appropriating Unanticipated Revenue in the
General Fund Related to the Implementation of the 1996 Energy Code Revisions.
14. First Reading of Ordinance No. 72, 1997. Exchanging Property with the City of Greeley
to Partition Ownership of the Rockwell Ranch.
15. First Reading of Ordinance No. 73, 1997. Dedicating .76 Acres of Land as a Public Highwav
and .I I Acres for a Non -Exclusive Utility Easement to Public Service for Improvements to
County Road 42C.
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May 6, 1997
16. First Reading of Ordinance No. 74. 1997 Amending Section 2-203 of the City ode to
Authorize the Cultural Resources Board to Make Recommendations for Distribution of
Certain Tourism Funds,
17. First Reading of Ordinance No. 75, 1997, Amending Section 2-28 of the City Code
Pertaining to the Scheduling of Regular Meetings of the City Council
Councilmember Wanner made a motion, seconded by Councilmember Byrne, to adopt and approve
all items not removed from the Consent Agenda. Yeas: Councilmembers Azari, Byrne, Kneeland,
Mason, Smith and Wanner. Nays: None.
THE MOTION CARRIED.
Councilmember Reports
Mayor Azari reported on both the Building Civic Democracy and the Federal Geography Committee
meetings recently attended. She reported she was going to be giving a presentation on the City's
Geographic Information System (GIS) and how it was used in the development of the City Plan.
Councilmember Kneeland commented on the recent celebration of the Raul Wallenberg
commemorative stamp.
Councilmember Byrne reported on a meeting held with Congregation for Building Communities,
commenting youth issues were the main focus of discussion.
Councilmember Smith reported the Metropolitan Planning Organization meet and revisited the goals
and objectives of the Regional Plan. He commented that the Berthoud Bypass was a major topic for
discussion and reported on the estimated cost of the project. He stated during the Other Business
portion of the meeting Council would need to select a temporary chair for the upcoming May 1 3
Adjourned Meeting since both he and Mayor Azari would not be in attendance.
Councilmember Wanner gave a brief outline of the proposed format changes to Council meetings,
reporting meetings would begin % hour earlier and that each speaker during Citizen Participation
would be limited to 3 minutes.
Councilmember Smith made a motion, seconded by Councilmember Kneeland to adopt Resolution
97-65 inserting the names of the Councilmembers selected to fill the Board and Commission liaison
assignments and committee appointments. Yeas: Councilmembers Azari, Byrne, Kneeland, Mason,
Smith and Wanner. Nays: None.
THE MOTION CARRIED.
as-]
May 6, 1997
Councilmember Smith made a motion, seconded by Councilmember Wanner, to adopt Resolution
97-66 inserting the name of Mayor Azari. Yeas: Councilmembers Azari, Byrne, Kneeland, Mason,
Smith and Wanner. Nays: None.
Other Business
Councilmember Wanner volunteered to chair the Adjourned Meeting of May 13 in the absence of
Mayor Azari and Mayor Pro Tern Smith.
Councilmember Kneeland made a motion, seconded by Councilmember Mason, to appoint
Councilmember Wanner as temporary Chair for the May 13 Adjourned Meeting. Yeas:
Councilmembers Azari, Byrne, Kneeland, Mason, Smith and Wanner. Nays: None.
THE MOTION CARRIED.
Councilmember Smith made a motion, seconded by Councilmember Wanner to adjourn the meeting
to May 13, 1997 at 6:30 p.m. Yeas: Councilmembers Azari, Byrne, Kneeland, Mason, Smith and
Wanner. Nays: None.
THE MOTION CARRIED.
The meeting adjourned at 7:35 p.m.
ATTEST:
Adjournment
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