HomeMy WebLinkAboutCOUNCIL - SUMMARY AGENDA - 02/06/2001 - REGULAR MEETING AGENDA (SUMMARY) AGENDA
OF THE
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
February 6, 2001
Proclamations and Presentations
5:30 p.m
A. Proclamation Proclaiming the Week of February 11-17, 2001 as "Child Passenger Safety
Week".
B. Proclamation Proclaiming February 18-24, 2001 as 'National Engineers Week".
Regular Meeting
6:00 p.m.
PRESENTATION OF COLORS BY CUB SCOUT TROOP #284
1. CALL MEETING TO ORDER.
2. ROLL CALL.
3. CITIZEN PARTICIPATION (limited to 30 minutes)
4. CTTIZEN PARTICIPATION FOLLOW-UP:
This is an opportunity for the Mayor or Councilmembers to follow-up on issues raised during
Citizen Participation.
5. AGENDA REVIEW: CITY MANAGER
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6. CONSENT CALENDAR
The Consent Calendar consists of Item Numbers 7 through 27. 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 will be considered separately under Agenda Item #35, Pulled Consent
Items. The Consent Calendar consists of:
1) Ordinances on First Reading that are routine;
2) Ordinances on Second Reading that are routine;
3) Those of no perceived controversy;
4) Routine Administrative actions.
CONSENT CALENDAR
7. Consideration and approval of the Council Meeting minutes of January 2, 2001.
8. Second Reading of Ordinance No. 8, 2001, Appropriating Prior Year Reserves in the Street
Oversizing Fund and Authorizing the Transfer of Appropriations from the Street Oversizing
Fund to the Capital Projects Fund for the Timberline and Drake Roadway Improvements
Arterial street improvements are planned for approximately one mile of Timberline Road,
from Vermont Drive to approximately 2000 feet north of the intersection with Drake Road.
Drake Road will be improved from the Union Pacific Railroad tracks on the west end of the
project to approximately 1000 feet east of the intersection with Timberline Road. The
project will construct full intersection improvements including auxiliary turn lanes.
Ordinance No. 8, 2001, was unanimously adopted on First Reading on January 16, 2001.
9. Second Reading of Ordinance No. 9, 2001, Appropriating Unanticipated Revenue in the
Capital Projects Fund for Gateway Mountain Park.
The Friends of the Poudre, on behalf of the City, applied for the Scenic Byway Grant. The
City will be receiving the$182,000 grant from the Colorado Scenic and Historical Byways
program. The Colorado Department of Transportation,administers the program. The grant
funds will be used to help with development of Park facilities. Ordinance No. 9, 2001, was
unanimously adopted on First Reading on January 16, 2001.
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10. Second Reading of Ordinance No. 10, 2001 Authorizing the Acquisition by Eminent
Domain Proceedings of Certain Lands for the Street and Trail Improvements to and along
Fossil Creek Parkway. from College Avenue to Mail Creek Lane.
The final development of the Huntington Hills area requires the collector street connection
of Fossil Creek Parkway from College to Lemay Avenue. There is an existing portion of
Fossil Creek Parkway that was constructed with an old county subdivision. The
development,in conjunction with the Street Oversizing Program,will improve this segment
of Fossil Creek Parkway by adding sidewalks, bike lanes, curbing, and an asphalt overlay.
This Ordinance, which was unanimously adopted on First Reading on January 16, 2001,
authorizes the uncontested acquisition by eminent domain for certain lands needed for the
street and trail improvements.
11. First Reading of Ordinance No. 13,2001,Appropriating Unanticipated Revenue in the Water
Fund Master Plan Facilities Project.
An Intergovernmental Agreement between the Soldier Canyon Filter Plant and the City of
Fort Collins provides for water sharing between the water treatment facilities owned by the
two entities. The City of Fort Collins Utilities, using funds appropriated for the Water
Master Plan Facilities Project, built a 24-inch pipeline with flow control and metering
facilities between the two plants. The Soldier Canyon Filter Plant has reimbursed the City
$554,883 for its share of the project costs. An appropriation of this amount is needed in
order to make the Master Plan Facilities Project budget complete. This Ordinance
appropriates the amount received as unanticipated revenue for Water Fund Master Plan
Facilities Project.
12. First Reading of Ordinance No. 14,2001,Appropriating Unanticipated Grant Revenue in the
General Fund for the Fort Collins Public Library.
This Ordinance appropriates State of Colorado grant money provided under the State
Funding to Libraries Act (Section 24-90-401, C.R.S., et seq.) for the Fort Collins Public
Library to purchase materials.
13. First Reading of Ordinance No. 15, 2001, Appropriating Prior Year Reserves in the
Affordable Housing Reserve in the General Fund for Impact Fee Rebate Payments for
Affordable Housing Projects.
The City has received requests from Brisben Companies for development impact fee rebates
for $179,580 for Bull Run Apartments and for $86,140 for Country Ranch Apartments
affordable housing projects. In addition, Habitat for Humanity's Albion Way homes
($6,284), and CARE Housing's Windtrail Apartments ($73,000) projects are reaching
completion and applications for development impact fee rebates are anticipated. The amount
of $345,004 is needed to provide the eligible development impact fee rebate for these
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projects and is available in the General Fund's Affordable Housing Fund prior year reserves.
Article V, Section 9 of the Charter of the City of Fort Collins authorizes the City Council to
provide by ordinance for payment of any expense from reserves accumulated in prior years
notwithstanding that such reserves were not appropriated for expenditure in the annual
appropriation ordinance.
14. First Reading of Ordinance No. 16, 2001, Appropriating Prior Year Reserves in the Street
Oversizing Fund and Unanticipated Revenue in the Capital Projects Fund and Authorizing
the Transfer of Appropriations from the Street Oversizing Fund to the Capital Projects Fund
for the Harmony and Timberline Roadway Project.
Arterial street improvements are planned for the Harmony Road-Timberline Road
intersection. These intersection improvements will construct additional auxiliary turn lanes
on all legs of the intersection. These improvements are needed to mitigate the traffic impacts
of the commercial and hospital developments. Harmony Road will also be improved from
the Union Pacific Railroad tracks on the west end of the project, east to the Poudre Valley
Hospital (PVH)entrance on Harmony Road(Approximately 4000linear feet). This project
is funded entirely by contributing developments, through the Street Oversizing Program.
15. First Reading of Ordinance No. 17, 2001, Authorizing the Acquisition by Eminent Domain
Proceedings of Certain Lands for the Spring Creek Trail Connection Across the Existing
Drainage Tract located in the Northwest Comer of the Replat of Hill Pond on Spring Creek
2nd Filing P.U.D.
The Hill Pond on Spring Creek Homeowners' Association owns the land needed for
acquisition as part of its common property. The area of the subject land exists as a drainage
tract, is approximately 2,560 square feet and has an estimated value less than $100. The
President of the Hill Pond on Spring Creek Homeowners' Association has indicated that at
its annual meeting of the homeowners, held November 30, 2000, the possibility of
condemnation was discussed and the Association authorized the City to proceed with the
condemnation. Without the use of eminent domain proceedings, all Spring Creek
homeowners in the Association and all lending institutions holding deeds of trust would need
to execute the conveyance document pursuant to the Bylaws of the Association. This
Council action will begin the uncontested eminent domain proceedings.
16. First Reading of Ordinance No. 18, 2001, Appropriating Prior Year Reserves and
TransferringAppropriations.
Funds were appropriated in 2000 by City Council for specific purposes as described below,
but not spent. The unspent funds were added to fund reserves at the end of 2000.
Appropriations were typically not spent because:
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• There was not sufficient time to complete bidding in 2000 and thus there was no
known vendor or binding contract to encumber the funds for expenditure in 2001.
• The project for which the funds were originally appropriated could not be completed
during 2000 and,therefore,appropriation of those funds is necessary for completion
of the project in 2001.
This Ordinance reappropriates the 2000 funds for the same uses in 2001 as were originally
approved by Council in 2000.
17. First Readina of Ordinance No. 19. 2001, Appropriating Prior Year Reserves and
Unanticipated Revenue in the Downtown Development Authority Operations and
Maintenance Fund for Maintenance and Repair of the Old Town Square
In 1993,representatives of Progressive Old Town Square Limited Liability Company,owner
of several parcels of land in the downtown area of Fort Collins, entered into an agreement
to maintain, repair and replace, certain improvements in the downtown area owned by the
Downtown Development Authority (DDA). Over the years, the annual cost of the
maintenance and repair increased and the Company requested the City of Fort Collins and
the DDA assist in the funding of the maintenance and capital improvements. In August of
2000, the Company, DDA, and the City reached a cost sharing agreement. Under this
agreement, the DDA agreed to match (50% Owner-50% DDA) up to $12,500 of enhanced
capital improvements and$12,500 of enhanced maintenance each year. The City agreed to
designate $12,500 per year to reimburse funds spent by the Company according to the
approved Enhanced Maintenance Plan. In 2000, the Owner spent $13,100 on Enhanced
Maintenance. The City transferred$6,551 to the DDA Operations and Maintenance Fund.
The Fund did not have sufficient appropriations to be used in 2000. Under the agreement,
the monies are carried forward and may be spent when an appropriation is made. In 2001,
the City and DDA expect that more maintenance and improvements will be completed by
the owner and will be eligible for reimbursement. The second section of the Ordinance
makes the appropriation for the 2001 work. Monies from the City will be transferred after
the work is completed and adequate documentation is delivered to the City.
18. First Reading of Ordinance No. 20,2001,Amendiniz The Definition of"Street"as Contained
in Section 5.1.2 of The Land Use Code.
Staff has identified a discrepancy in the Land Use Code between the definition of"Street"
as presently stated in Section 5.1.2 and in the provisions relating to the administration of the
Sign Code in Section 3.8.7. The Ordinance would clarify the definition and resolve this
discrepancy. This change is recommended now outside the regular biannual Code Revision
process due to the urgent need to clarify the Land Use Code.
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19. Items Relating to Amendments to the City Charter.
A. First Reading of Ordinance No. 21, 2001, Submitting to a Vote of the Registered
Electors of the City of Fort Collins a Proposed Amendment to Article IV of the City
Charter, Pertaining to Residency Requirements.
B. First Reading of Ordinance No. 22, 2001, Submitting to a Vote of the Registered
Electors of the City of Fort Collins a Proposed Amendment to Article IV of the City
Charter, Pertaining to the Definition of Terms.
These two Ordinances would present separate but related Charter amendments to the voters
as part of the regular city election in April. The first proposed amendment would change the
residency requirement for division heads of the City so as to permit division heads to live
outside of the Fort Collins Urban Growth, as long as they live within five miles of the city
limits. The second proposed amendment would change certain terminology in the Charter
that is confusing, since it is inconsistent with the City's current organizational structure.
20. First Reading of Ordinance No. 23, 2001, Adding a New Article VI to Chapter 7 of the City
Code Relating to Initiative and Referendum.
This Ordinance will establish a procedure for any registered elector to protest a proposed
ballot title and/or submission clause for an initiative or referendum.
21. First Reading of Ordinance No. 24, 2001, Vacating a Portion of Right-of-Way for Brittany
Drive.
On January 18, 2000, the Planning and Zoning Board gave final approval to the
Provincetowne PUD Filing 2 located at the southwest corner of Lemay Avenue and Trilby
Road. Certain street improvements in the area were constructed with Special Improvement
District #81 and the rights-of-way for those streets dedicated by deed as part of the S.I.D.
At that time it was anticipated that future residential streets would intersect at particular
locations along Brittany Drive and rights-of-way for those future intersections were
dedicated. However, the developer has since received final approval of the Provincetowne
PUD, Filing 2 which dedicates streets to serve the surrounding property which intersects in
a location other than anticipated on Brittany Drive. Therefore, the right-of-way for the old
intersection location is no longer necessary and is proposed for vacation at this time. It
should be noted that a similar vacation was done for Provincetowne PUD Filing 1 in 1993.
22. First Reading of Ordinance No. 25, 2001, Authorizing the Mayor to Quit Claim a Parcel
Originally Acquired For Poudre River Drive to General Care Health Services Inc
Although the realignments mentioned above were accomplished by the Poudre River
Business Park, 1 st Filing,it was discovered during the planning process for the development
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of Poudre River Business Park, Third Filing, that the portion of Hoffman Mill Road
obtained in 1979 was never adjusted to reflect the approved changes shown on the 1 st Filing
Plat. In order to accommodate the 1st Filing alignments for the Drive and the Road, staff
is recommending that City Council approve the conveyance by Quit Claim Deed a portion
of the right-of-way acquired by the City in 1979 to the owner of Poudre River Business Park.
As part of the planning process,the owner has agreed to dedicate by plat the additional right-
of-way needed for the continuation of Hoffman Mill Road, and the Ordinance makes the
conveyance to the owner contingent upon completion of that dedication. Staff is
recommending that no further consideration be requested for the property to be deeded to the
owner,because the voluntary dedication by the owner of the additional right-of-way results
in a reasonable exchange.
23. Items Relating to the Creation of Harmony Half Acres Special Improvement District(SID)
No. 92.
A. Resolution 2001-14 Accepting the Petitions of Property Owners Regarding the
Initiation of Harmony Half Acres Special Improvement District No. 92; Stating the
Need For, and the Location of the Improvements to Be Made; Describing the Area
to Be Assessed for the Same;and Directing the Director of Community Planning and
Environmental Services to Prepare and Present to the City Council the Necessary
Information For the Formation of Said District.
B. Resolution 2001-15 Submitting a Ballot Issue to the Registered Electors of the
Proposed Harmony Half Acres Special Improvement District No. 92 as Part of the
Regular City Election on April 3, 2001.
The first Resolution accepts the petitions of the property owners, generally stating the need
for and the location of the improvements, the area to be assessed for the costs, and directs
the Director of Community Planning and Environmental Services to prepare the plans and
an estimate of the costs to be presented to City Council.
The second item is a Resolution to place the SID bond issuance on the April ballot for a vote
of the electors in the proposed District in accordance with Article X, Section 20 of the
Colorado Constitution (the "TABOR Amendment').
24. Items Relating to the Creation of The Ridge Special Improvement District (SID) No 93.
A. Resolution 2001-16 Accepting the Petitions of Property Owners Regarding the
Initiation of The Ridge Special Improvement District No. 93; Stating the Need For,
and the Location of the Improvements to Be Made; Describing the Area to Be
Assessed for the Same; and Directing the Director of Community Planning and
Environmental Services to Prepare And Present to the City Council the Necessary
Information for The Formation of Said District.
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B. Resolution 2001-17 Submitting a Ballot Issue to the Registered Electors of the
Proposed The Ridge Special Improvement District No.93 as Part of the Regular City
Election on April 3, 2001.
The first Resolution accepts the petitions of the property owners, generally stating the need
for and the location of the improvements, the area to be assessed for the costs, and directs
the Director of Community Planning and Environmental Services to prepare the plans and
an estimate of the costs to be presented to City Council.
The second item is a Resolution to place the SID bond issuance on the April ballot for a vote
of the electors in the proposed District in accordance with Article X, Section 20 of the
Colorado Constitution (the "TABOR Amendment").
25. Resolution 2001-18 Amendin2 Resolution 2000-123 Pertainin2 to the Process for Evaluatiniz
the Performance of the CitManager, City Attorney and Municipal Judge.
The Resolution amends the process for evaluating the performance of the City Manager,City
Attorney and Municipal Judge in two respects. First, it establishes a deadline for the
employees to submit to the Council their compensation requests for the ensuing year.
Second, it amends the process for approval of any changes in the compensation of the
employees, and any revisions to the employees'contracts,so as to allow for more flexibility
in the timing of the ordinance and resolution accomplishing such changes.
26. Resolution 2001-19 Amending Resolution 2000-32 for the Purpose of Extending the Time
Period for the City to Issue Multifamily Housing Revenue Bonds for the Residence at
Oakridge Project.
This Resolution extends the deadline for the issuance of private activity bonds for the
Residence at Oakridge Project, an assisted living residence that will provide affordable
housing for low-income frail elderly individuals. On February 15, 2000, the City Council
adopted the inducement resolution for the project. The inducement resolution contained a
one-year deadline for the issuance of the bonds. The project proponents and their financial
team expect that the financing will be completed by mid-year and have requested an
extension for one year. The proponents have purchased the property for the project and the
underwriting team will be conducting pre-marketing of the bonds in the next few months.
Based on the commitment and progress shown to date, staff finds it reasonable for Council
to extend the deadline for the issuance of the bonds.
27. Routine Deeds and Easements.
A. Quit Claim Deed from Brittany Knolls North, Inc., for storm drainage easements,
located on Track B, Brittany Knolls, P.U.D., Filing No., 2 and Tract A, Replat of
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Lots 24 through 29,Brittany Knolls,P.U.D.,Filing No. 2. Monetary consideration:
$10.
B. Deed of Dedication from Fort Collins Partners I and Wal-Mart Business Trust, for
the construction of the Mulberry/Lemay Roundabout. 9,343 square feet of Tract A
of the Plat of Mulberry and Lemay Crossing, Filing No. 1. Monetary consideration:
$10.
C. Deed of Dedication for Easement from Judith R. Christensen for a permanent utility
and drainage easement, located east of Ziegler Road and south of Horsetooth Road.
Monetary consideration: $10.
D. Deed of Dedication for Easement from David J. Robertson for a permanent utility
and drainage easement,located east of Ziegler Road and south of Horsetooth Road.
Monetary consideration: $10.
E. Deed of Dedication for Easement from MMP MSC,LLC,for a temporary turnaround
easement, located south of Trilby Road and west of Lemay Avenue. Monetary
consideration: $10.
F. Deed of Dedication for Easement from MMP MSC,LLC,for a landscape easement,
located south of Trilby Road and west of Lemay Avenue. Monetary consideration:
$10.
G. Deed of Dedication for Easement from MMP MSC,LLC,for a landscape easement,
located south of Trilby Road and west of Lemay Avenue. Monetary consideration:
$10.
H. Deed of Dedication for Easement from the United States Postal Service, for a
temporary grading and construction easement, located east of College Avenue at
Boardwalk Drive and J.F.K. Parkway. Monetary consideration: $10.
I. Deed of Dedication for Easement from Larimer County Canal No. 2, for a drainage
easement, located east of College Avenue at Boardwalk Drive and J.F.K. Parkway.
Monetary consideration: $10.
***END CONSENT***
28. Consent Calendar Follow-up.
This is an opportunity for Councilmembers to comment on items adopted or approved on the
Consent Calendar.
29. Staff Reports.
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30. Councilmember Reports.
Committees that have met since January 16 include:
Finance Committee Legislative Review Committee
Poudre School District Liaison Committee
ITEMS NEEDING INDIVIDUAL CONSIDERATION
31. Second Reading of Ordinance No. 11, 2001, Amending Chapter 23, Article III, Division 3
Pertaining to Encroachments on Public Property.
On January 16, 2001 Council adopted, by a 5-0 vote, Ordinance No. 11, 2001, amending
Chapter 23, Article III, Division 3 pertaining to encroachment permits.
City Council made amendments to the proposed Ordinance on First Reading. Council's
direction was to modify the Ordinance to apply to longer term encroachments, to retain the
permit fee,to include liability protection and to postpone taking any action to adopt a leasing
concept for outdoor eating establishments which are located on City property. Council also
directed staff to discuss the leasing proposal with the Council Health and Safety Committee
at its next meeting.
32. Resolution 2001-20 Regarding Capital Improvement Projects.
The City is responsible for planning, constructing and maintaining a wide array of capital
facilities that support City services provided to the community. Recently,the City completed
a 10-year Capital Improvement Plan and Inventory that includes projects that are fully as
well as partially funded and an inventory of unfunded projects.
33. Resolution 2001-21 Re arding Budget Priorities.
Several of the City's primary services are currently underfunded. In other words, the City
does not have adequate resources to provide the level of service that City Council and
community thinks is appropriate. For example, the level of police staffing should be
increased and we need to be providing more maintenance to our existing streets to keep them
in good condition.
This Resolution reflects the commitment that City Council and the City Manager will make
every effort to provide the necessary resources to ensure that primary services, as a priority,
are funded and operating at an appropriate level of service.
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34. First Reading of Ordinance No. 26, 2001, Amending Chanter 2 of the City Code So as to
Create a New Article Pertaining to Authorities of the City(Options A and B).
The City Attorney has recommended adoption of this Ordinance so as to remove the
Downtown Development Authority(DDA)and the Housing Authority from the list of boards
and commissions of the City and place them in a separate article pertaining to "Authorities
of the City." This is in recognition of the quasi-autonomous nature of the DDA and the
Housing Authority. Option A of the Ordinance would accomplish just this organizational
change. With that change, the DDA and Housing Authority would no longer be governed
by the City Boards and Commissions Manual. Consequently,members of the boards of these
authorities would no longer be subject to the requirement that they reside within the Fort
Collins Urban Growth Area(UGA). Option B of the Ordinance would re-impose that UGA
residency requirement upon the members of the boards as part of the Code provisions.
35. Pulled Consent Items.
36. Other Business.
37. Adjournment.
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SUPPLEMENTAL AGENDA
OF THE
COUNCIL OF THE CITY OF FORT COLLINS
February 6, 2001
OTHER BUSINESS
During Other Business, the following items will be considered:
Other Business:
Item#1:
A. Resolution 2001-22 Reaffirming the Council's Intention to Construct a Roundabout at the
Intersection of State Highway 14 and Lemay Avenue. (OPTION A)
B. Resolution 2001-22 Expressing The Council's Intention to Forego The Construction of a
Roundabout at the Intersection of State Highway 14 and Lemay Avenue. (OPTION B)
The proposed resolutions pertain to the needed intersection improvements at Lemay and Mulberry
(State Highway 14). The options are:
Reaffirm and continue with the Roundabout project, or
Revert to building a traditional four-lane signalized intersection at the intersection of State
Highway 14 (Mulberry Street) and Lemay Avenue.
The issue has been raised again because the most recent cost estimate for the Roundabout project
is above the anticipated project budget.
Item#2:
Discussion of the City's position on HB 1209, known as the"tastings" bill.
This bill would allow retail liquor outlets to have product tasting in their establishments up to four
days per week(or up to 208/year) for up to 5 hours per day. Staff is seeking Council direction on
the position the City should take with respect to HB 1209.
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