HomeMy WebLinkAboutCOUNCIL - SUMMARY AGENDA - 08/15/2000 - REGULAR MEETING AGENDA (SUMMARY) AGENDA
OF THE
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
August 15, 2000
Proclamations and Presentations
5:30 p.m
A. Proclamation Proclaiming August 24, 2000 as "United Way Awareness Day".
B. Proclamation Proclaiming August 26, 2000 as "Women's Equality Day".
C. Presentation of a Plaque by the Professional Engineers of Colorado Honoring the City of
Fort Collins as"Employer of the Year 1999-2000"and Recognizing the City's Support of the
Society and the Engineering Profession.
Regular Meeting
6:00 p.m.
PLEDGE OF ALLEGIANCE
1. CALL MEETING TO ORDER.
2. ROLL CALL.
3. CITIZEN PARTICIPATION (limited to 30 minutes)
4. CITIZEN 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 32. 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 #42, 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;
11 4) Routine Administrative actions.
CONSENT CALENDAR
7. Consideration and approval of the Council Meeting minutes of July 18 2000 and the
adjourned meeting minutes of June 11, 2000.
8. Second Reading of Ordinance No.85,2000,DesiLynating the Marsh/Geist House and Garage,
1006 LaPorte Avenue, Fort Collins Colorado, as a Historic Landmark Pursuant to Chapter
14 of the City Code.
The owner of the property, Tim Hackett, initiated this request for Fort Collins landmark
designation for the Marsh/Geist House and Garage. Ordinance No. 85, 2000, was
unanimously adopted on First Reading on July 18, 2000.
9. Second Reading of Ordinance No. 86, 2000. Desi ng ating the Franz-Smith Cabin Fort
Collins Museum, 200 Mathews Street, Fort Collins Colorado as a Historic Landmark
Pursuant to Chanter 14 of the City Code.
The owner of the property, the City of Fort Collins, initiated this request for Fort Collins
landmark designation for the Franz-Smith Cabin. This building is important for its
architectural and historical significance to Fort Collins. Ordinance No. 86, 2000, was
unanimously adopted on First Reading on July 18, 2000.
10. Items Relating to Calling a Special Election for November 7 2000 and Placing Proposed
Charter Amendments on Said Ballot.
A. Second Reading of Ordinance No.87,2000,Calling a Special Municipal Election to
Be Held in Conjunction with the November 7, 2000 Larimer County General
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B. Second Reading of Ordinance No. 88,2000, Submittingto a Vote of the Registered
g
Electors of the City of Fort Collins Proposed Amendments to Articles IX and X of
the City Charter, Pertaining to Petition Circulators.
C. Second Reading of Ordinance No. 89, 2000, 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.
Ordinance No. 87,2000,which was unanimously adopted on First Reading on July 18,2000,
calls a Special Municipal Election to be held in conjunction with the November 7, 2000
Latimer County General Election. Ordinance No. 88, 2000 and Ordinance No. 89, 2000,
which were also unanimously adopted on First Reading on July 18, 2000, place individual
Charter amendments on the November 7, 2000 Special Election ballot.
11. Second Reading of Ordinance No. 90, 2000, Authorizing the Mayor to Execute a Deed
Establishing and Limitin,2Rights of Access Along a Certain Portion of State Highway No
68 (Harmony Road), and Accepting a Quit Claim from the Colorado Department of
Transportation to the City Eliminating ExistingRiRights and Limitations of Access
This Ordinance, which was unanimously adopted on First Reading on July 18, 2000,
authorizes the Mayor to execute the warranty deed establishing the new A-Line access rights
and limitations and also accepts the warranty deed from CDOT eliminating the prior access
rights and limitations. Each deed is dependent upon the other and without one the other
cannot be delivered.
12. First Reading of Ordinance No. 93, 2000 Appropriating Unanticipated Revenue in the
Transit Services Fund for Transfer to the Capital Projects Fund Transit Center Capital
Project.
On June 20, 2000, Council adopted Ordinance No. 78, 2000, authorizing the transfer of
$1,698,400 from the Transit Services Fund to the Capital Projects Fund for the completion
of the Downtown Transit Center. Only$300,000 of the federal funds has been appropriated,
and this Ordinance appropriates the remaining$1,398,400 of unanticipated federal funds for
the transit project. The project is scheduled to (1) be bid in September 2000; (2) start
construction in November 2000; and (3)be open for operation in June 2001.
13. First Reading of Ordinance No. 94. 2000 Appropriating Unanticipated Revenue in the
Capital Projects Fund 1/4 Cent Building Community Choices Natural Areas Capital Project
to be used for Environmental Education Projects
In July 1996, the City Council adopted Resolution 96-85, supporting the Poudre/Big
Thompson Legacy Grant Application. From that application, Great Outdoors Colorado
awarded$3.4 million.The$50,000 for which appropriation is requested is an element of that
grant covering education/interpretation features in the Fort Collins area. The $50,000 will
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be appropriated in the Natural Areas Quarter-Cent Building Community Choices fund
education project.
14. First Readiniz of Ordinance No.95,2000 Appropriating Unanticipated Grant Revenue in the
General Fund for the Operation of the Fort Collins Welcome Center.
Pursuant to Resolution 99-97,the City contracted with Colorado State University for visitor
center space at the Environmental Learning CenterNisitors Center to the south of Prospect
Road, approximately one-quarter mile west of Interstate 25. The City, in its effort to
welcome visitors to Fort Collins through the activities of its convention and visitor services
contractor,the Fort Collins Convention and Visitors Bureau(the"CVB"),will use the space
for the Fort Collins Welcome Center. The CVB, in addition to promoting tourism activity,
will operate the Welcome Center pursuant to amendments to the City's agreement with CVB,
and consistent with the City's grant agreement with the State of Colorado.
15. First Reading of Ordinance No.96,2000 Appropriating Unanticipated Grant Revenue in the
General Fund for Fort Collins Build a Generation.
Fort Collins Build a Generation (FCBG), in collaboration with Healthier Communities
Coalition, is committed to using risk-focused prevention and the results of its planning
process as the primary tool to determine what strategies, programs, policies, and resources
should be deployed to decrease risk and enhance protection for Fort Collins' youth. FCBG's
risk assessment conducted in 1996 indicated that family management problems, family
conflict, and the early initiation of problem behavior put youth in Fort Collins at risk for
becoming pregnant, dropping out of school, engaging in delinquent behavior, using and/or
abusing drugs and alcohol and witnessing or engaging in violent behaviors. Build a
Generation will use this funding year to finalize the development and implementation of a
comprehensive, strategic prevention plan.
16. First Reading of Ordinance No.97,2000 Appropriating Funds from the Affordable Housing
Fund for an Impact Fee Rebate Payment for the Bull Run Apartments Affordable Housing
Project.
The City has received an application for a development impact fee rebate for$207,450 from
the Brisben Company for its Bull Run Apartments affordable housing project. The current
balance of available appropriations for development fee impact rebates is $117,215.
Additional funds in the amount of$90,235 are needed to provide the eligible development
impact fee rebate for the project. The $90,235 needed to provide the eligible rebate 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.
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17. First Reading of Ordinance No 98 2000 Appropriating Unanticipated Revenue in the
General Fund for the Human Rights Office.
The Human Rights Office has received an anonymous donation of $50,000 to fund a
contractual position for one year. This contractual position will be charged with developing
and coordinating a year-long youth program that will develop leaders and community
builders in the City of Fort Collins from under-represented, non-traditional youth leaders.
In addition, this position will be preparing and conducting presentations and educational
programs on topics such as diversity and multiculturalism for public and private sector
groups. This position, among other things, will also be planning, promoting and
coordinating community programs and projects such as Martin Luther King Jr. Day and
Cinco de Mayo, and will conduct ongoing research for additional and continuous financial
program assistance.
18. Items Relatine to the Railroad Crossing at Trilby Road East of Shields Street
A. Resolution 2000-98 Authorizing the City Manager to Enter into an Agreement with
the Burlington Northern Santa Fe Railway Company for Upgrading the Crossing
Material at the Trilby Road/Burlington Northern Santa Fe Railroad Crossing Located
East of Shields Street.
B. First Reading of Ordinance No. 99, 2000, Appropriating Unanticipated Revenue in
the Capital Projects Fund Minor Streets Capital Project to be Used for Upgrading the
Railroad Crossing Material at the Trilby Road/Burlington Northern Santa Fe Railroad
Crossing Located East of Shields Street.
As part of the requirements for off-site street improvements required of the Registry Ridge
P.U.D.development project,the Developer is required to pay for 100%of the cost to upgrade
the crossing material at the Trilby Road/Burlington Northern Santa Fe Railroad(BNSFRR)
crossing located east of Shields Street. To pay for the improvements, the Developer has
deposited$40,000 with the City to cover the cost. The estimated cost for the improvements
estimated by the BNSFRR, is $35,040. Any funds remaining will be returned to the
Developer. The installation of the crossing material will be done by the BNSFRR. The
funds received from the Developer will be used to reimburse the BNSFRR for its work.
19. First Reading of Ordinance No. 100,2000.Amending Article V Section 23-156 of the City
Code and Repealing Certain Rules and Regulations Relating to the Abandonment of Burial
Spaces at Grandview and Roselawn Cemeteries.
This Ordinance will allow the cemeteries to reclaim approximately 1,800 grave spaces in
which no interment has occurred and no perpetual care fee has been paid. Most of these
graves spaces were sold before 1926 and the owners, heirs or assigns of these spaces have
not contacted the Cemetery to date.
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20. Items Concerning Payment of Additional Water and Sewer Plant Investment Fees
A. First Reading of Ordinance No. 101, 2000, Amending Section 26-120 of the City
Code Concerning Additional Payment of Water Plant Investment Fees When Initial
Payment Miscalculated.
B. First Reading of Ordinance No. 102, 2000, Amending Section 26-283 of the City
Code Concerning Additional Payment of Sewer Plant Investment Fees When Initial
Payment Miscalculated.
The process used to determine water and sewer plant investment fees for large water and
wastewater users depends on an engineering analysis submitted by the user. Utilities staff
calculate the fees based on this submittal. While in the vast majority of situations this
process is effective and results in accurate PIFs, there is the possibility that good-faith
information provided by a user will prove to be incorrect. Once a facility is built, and the
user begins operation, actual use characteristics may not be as originally projected. As a
result, the user may owe additional PIFs. This situation currently exists.
These Ordinances authorize the General Manager of Utility Services to allow the user to pay
the additional PIFs over time under reasonable terms and conditions.These Ordinances also
make it unlawful for any person to knowingly provide false, inaccurate or fraudulent
information to be relied upon by the Utilities when calculating a user's PIF.
21. First Reading of Ordinance No. 103, 2000, Amending Section 2-167 of the City Code
Relating to Membership of the Commission on the Status of Women
At its July 24, 2000 meeting, the Commission on the Status of Women (COSW) voted
unanimously to recommend a reduction in the membership of the Commission from 13
members to 11 members. This Ordinance, if adopted, will reduce the membership of the
Commission effective September 15, 2000 (10 days following final adoption of the
Ordinance on second reading on September 5, 2000).
22. First Reading of Ordinance No. 104, 2000, Amending Article III of Chapter 20 of the City
Code to Eliminate Xeriscape Certifications as the Basis for a Variance from the Enforcement
of the Grass Height Limitation of Section 20-42 of the City Code But Allowing Certain
Ornamental Grasses to be Exempt from the Grass Height Limitation
After reviewing the Xeriscape certification program, the City Manager and staff have
determined that the program should be discontinued. However, while reviewing the
xeriscape certification and grass height variance issue,it became evident that if the xeriscape
variance was eliminated that there would still be the need to find a way to allow ornamental
grasses.Ornamental grasses are popular landscape accents and most of them grow taller than
six inches and are harmed by mowing. Currently, the City Code limits the height of all
grasses to six inches. Therefore, while the proposed Ordinance would eliminate the
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Xeriscape Certification Program, it would also permit certain ornamental grasses to be
exempt from the six (6) inch grass height limitation.
23. Items Relating to the Hearthfire Way Annexation and Zoning_
A. Resolution 2000-99 Setting Forth Findings of Fact and Determinations Regarding the
Hearthfire Way Annexation and Zoning.
B. First Reading of Ordinance No. 105, 2000, Annexing Property Known as the
Hearthfire Way Annexation to the City of Fort Collins, Colorado.
C. First Reading of Ordinance No. 106,2000,Amending the Zoning Map of the City of
Fort Collins and Classifying for Zoning Purposes the Property Included in the
Hearthfire Way Annexation to the City of Fort Collins, Colorado.
This is a request to annex and zone 3.21 acres located on the south side of Douglas Road
(County Road 54), east of County Road 13, and west of County Road 11. The existing
Hearthfire PUD (in the City of Fort Collins) is to the south. The property is a constructed
roadway and presently serves as the access to the existing Hearthfire PUD. The requested
zoning for this annexation is UE—Urban Estate. The surrounding properties are zoned O -
Open(to the north,in Larimer County),FA 1-Farming(to the east,in Larimer County),FA-1
-Farming (to the west, in Larimer County), and UE (to the south).
Staff is recommending that this property be included in the Residential Neighborhood Sign
District. A map amendment would be necessary to place this property on the Residential
Neighborhood Sign District Map.
APPLICANT: March & Liley, P.C.
c/o Lucia Liley
110 East Oak Street, Suite 2000
Fort Collins, CO 80524
OWNER: Hearthfire, Inc.
11941 West 48th Avenue
Wheatridge, CO 80033
24. Items Relating to the Riverbend Third Annexation and Zoning
A. Resolution 2000-100 Setting Forth Findings of Fact and Determinations Regarding
the Riverbend Third Annexation and Zoning.
B. First Reading of Ordinance No. 107, 2000, Annexing Property Known as the
Riverbend Third Annexation to the City of Fort Collins, Colorado.
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C. First Reading of Ordinance No. 108,2000,Amending the Zoning Map of the City of
Fort Collins and Classifying for Zoning Purposes the Property Included in the
Riverbend Third Annexation to the City of Fort Collins, Colorado.
This is a request to annex and zone 1.25 acres located on the south side of East Mulberry
Street,north of the Cache La Poudre River,and east of Timberline Road between Eric Street
and Eric Court. The property is currently being used as part of the Country Club Gardens
Nursery operation and is in the FA — Farming Zoning District in Larimer County. The
requested zoning in the City of Fort Collins is LMN — Low Density Mixed-Use
Neighborhood.
Staff is recommending that this property be included in the Residential Neighborhood Sign
District. A map amendment will not be necessary to place this property on the Residential
Neighborhood Sign District Map.
APPLICANT: Riverbend Farms
c/o Stewart &Associates
103 South Meldrum Street
Fort Collins, CO 80521
OWNER: Riverbend Farms
110 East Oak Street, Suite 200
Fort Collins, CO 80524
25. Items Relating to the Trilby Heights Sixth Annexation and Zoning_
A. Resolution 2000-101 Setting Forth Findings of Fact and Determinations Regarding
the Trilby Heights Sixth Annexation and Zoning.
B. First Reading of Ordinance No. 109, 2000,Annexing Property Known as the Trilby
Heights Sixth Annexation to the City of Fort Collins.
C. First Reading of Ordinance No. 110,2000,Amending the Zoning Map of the City of
Fort Collins and Classifying for Zoning Purposes the Property Included in the Trilby
Heights Sixth Annexation to the City of Fort Collins, Colorado.
This is a request to annex and zone 6.54 acres located on the west side of South Shields
Street and south of Trilby Road. The property is partially developed as a roadway (Trilby
Road), and the remainder is undeveloped. It is in the FA1 — Farming Zoning District in
Larimer County. The requested zoning in the City of Fort Collins is LMN — Low Density
Mixed-Use Neighborhood and UE—Urban Estate.
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Staff is recommending that this property be included in the Residential Neighborhood Sign
District. A map amendment will not be necessary to place this property on the Residential
Neighborhood Sign District Map.
APPLICANT: March & Liley, P.C.
c/o Lucia Liley
110 East Oak Street, Suite 200
Fort Collins, CO 80524
OWNER: Dalco Land, L.L.C.
c/o U.S. Homes Corporation
6000 Greenwood Plaza Boulevard, Suite 200
Englewood, CO 80111
26. First Readine of Ordinance No. 111, 2000, Designating the S. A Johnson House 623
Mathews Street, as a Historic Landmark Pursuant to Chanter 14 of the Cif Code
The owner of the property, Lori Thompson, is initiating this request for historic landmark
designation for the S. A. Johnson House. This building is significant to Fort Collins as a
good example of the Classic Cottage architectural style. The home is listed on the National
Register of Historic Places as a contributing element of the Laurel School National Register
District, established in 1980.
27. Resolution 2000-102 Authorizingth a Mayor to Enter into an Intergovernmental Agreement
with Larimer County for the Provision of Social and Human Services During the Second
Half of Calendar Year 2000.
This Resolution authorizes the Mayor to enter into an Intergovernmental Agreement with
Larimer County for the purpose of providing social and human services to the City of Fort
Collins for the second half of 2000. The intergovernmental agreement allocates the
remaining portion of the funds appropriated in the 2000 budget for these purposes. Since
1981,the City has contracted with Larimer County to allocate and administer the distribution
of human services funds via the Human Resource Grant Program administered by the
County.
29. Resolution 2000-104 Appointing a Representative to the Larimer County Open Lands
Advisory Board.
In the November 1995 election,the voters of Larimer County approved the"Help Preserve
Open Spaces"initiative for a county-wide 1/4-cent sales and use tax specifically earmarked
for open space, natural areas, wildlife habitat, regional parks and trails. The initiative
requires the Larimer County Board of Commissioners to create an Open Lands Advisory
Board to make recommendations regarding the County's share of the sales and use tax. The
initiative stipulates that the Advisory Board"at a minimum shall consist of one (1) elected
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official or appointee from the municipalities of Berthoud, Estes Park, Fort Collins, and
Loveland; one (1) member from the Latimer County Planning Commission; and four (4)
citizens appointed at large".
On March 5, 1996 Council adopted Resolution 96-36 appointing Tom Shoemaker as the
City's representative. The Latimer County Commissioners Office has informed the City that
Mr. Shoemaker's term has expired and has requested that the City appoint a representative
to serve until June 30,2003. This Resolution reappoints Tom Shoemaker,Natural Resources
Director,as the representative of the City of Fort Collins to the Latimer County Open Lands
Advisory Board.
30. Resolution 2000-105 Making an Appointment to the Natural Resources Advisory Board
A vacancy currently exists on the Natural Resources Advisory Board due to the resignation
of Richard Harness. Councilmembers Bertschy and Byrne reviewed the applications on file
and are recommending Linda Knowlton to fill the vacancy with a term to begin immediately
and set to expire on December 31, 2004.
31. Resolution 2000-106 Making an Appointment to the Urban Growth Area Review Board
The Intergovernmental Agreement between the Latimer County Commissioners and the Fort
Collins City Council established a Fort Collins Urban Growth Area Review Board to act as
the single recommending body to the Commissioners concerning development applications
for properties located within the unincorporated portions of the UGA that are ineligible for
voluntary annexation into the city. The Board consists of two members appointed by the
City Council, two members appointed by the County Commissioners, and three members
appointed by mutual agreement of the Council and the Commissioners, who shall be
residents of the Urban Growth Area(the area between the City limits and the Urban Growth
Area boundary).
There is currently one vacancy on the UGA Review Board requiring Council action. Latimer
County did not receive a sufficient number of applications to fill the three joint City/County
vacancies during last year's recruitment. In order for the Urban Growth Area Review Board
to have a quorum at its meetings,two appointments were made last year. Recruitment efforts
were continued by Larimer County and the Commissioners and Councilmember Mason are
recommending Mary Warring to fill the remaining vacancy.
32. Routine Deeds and Easements.
A. Deed of dedication for easement for a permanent utility easement from Sharp Point
Properties, LLC, located south of Prospect Avenue and east of Midpoint Drive.
Monetary consideration: $10.
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B. Deed of dedication for a slope and grading easement from James E. and Christy A.
Farrell, located on Shields between Trilby and Harmony. Monetary consideration:
$10.
C. Deed of dedication for a slope and grading easement from Wayne and Mary E.
Specht, located on Magnolia and 12th Street. Monetary consideration: $10.
D. Deed of dedication for a drainage and utility easement from The Writer Corporation,
located north of County Road 36 and west of County Road 9. Monetary
consideration: $10.
E. Deed of dedication for right-of-way from Meldrum Properties,Inc., located west of
Mitchell Drive on College Avenue, south of Horsetooth Road. Monetary
consideration: $10.
F. Deed of dedication for right-of-way from A Simpleton Partnership,LLC, located on
Riverside Avenue, east of Lemay Avenue. Monetary consideration: $10.
G. Deed of dedication for easement from Evermark, LLC, located on College and
Foothills Parkway. Monetary consideration: $10.
H. Easement for construction and maintenance of public utilities from Kathleen
Washecka, to underground electric services, located at 209 North Grant. Monetary
consideration: $10.
***END CONSENT***
33. Consent Calendar Follow-up.
This is an opportunity for Councilmembers to comment on items adopted or approved on the
Consent Calendar.
34. Staff Reports.
35. Councilmember Reports.
Committees that have met since July 18 include:
Growth Management Committee NFRT&AQPC
ITEMS NEEDING INDIVIDUAL CONSIDERATION
36. Resolution 2000-107 Determining the Desien Cost and Scheduling of the Taft Hill Road
Improvements as Authorized Pursuant to Ordinance No 31 1997
Fort Collins voters approved the South Taft Hill Road Improvements in 1997. However,the
Building Community Choices ballot language states the"design,cost and scheduling"of this
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project shall be determined by City Council without substantially changing the essential
character. The staff recommendations are the result of extensive public outreach and
conceptual design engineering completed over the last nine months. Staff recognizes that
this project is in an area with established residents and businesses. Staff also recognizes the
importance of providing safe and efficient transportation facilities that will meet current and
future demands. Staff believes that the recommended 100-foot wide road (including the
raised median), with a few isolated modifications to the width, best meets the project
objectives. The anticipated schedule calls for completion of design and right-of-way
acquisition by early 2001 and construction during 2001 and 2002. The conceptual cost
estimate indicates that the project as recommended can be built within budget.
37. Items Relating to the Proposed Roundabout at the Intersection of State Highway 14 and
LernU Avenue.
A. Resolution 2000-108 Authorizing the Mayor to Execute an Intergovernmental
Agreement with the Colorado Department of Transportation Regarding the
Responsibilities for the Proposed Roundabout at the Intersection of State Highway 14
and Lemay Avenue.
B. First Reading of Ordinance No. 112,2000,Appropriating Unanticipated Revenue in
the Transportation Services Fund State Highway 14 and Lemay Avenue Intersection
Project.
Roundabouts have been proven in Colorado and across the world to reduce congestion,
accidents, and air pollution over standard signalized intersections. The risk that the Fort
Collins roundabout at the intersection of Mulberry and Lemay will fail the agreed-upon
criteria is less than minimal. One of the best experts in the field has been hired to assist the
City in this endeavor, and staff is confident that the project will be a success.
Item `B" deals with appropriating revenue from the Mulberry-Lemay Crossings project in
the amount of $1,000,000. These are the funds that the developer agreed to pay to the City
if this project were being built as a traditional intersection. Congestion Mitigation and Air
Quality funds(CMAQ) and Street Oversizing funds are paying for the remaining portion of
the project (total estimated cost is approximately $2,000,000). The remaining part of the
project budget was appropriated last fall.
38. Resolution 2000-109 Establishing the Meaning of a "Valid Development Application" for
the City of Fort Collins Under Proposed Initiative#256, "Citizen Management of Growth"
Staff recommends that the Council establish a local interpretation of the term "valid
development application",for the specific purpose of applying the provisions of the Citizen
Management of Growth Initiative in case the Initiative is approved by the voters. This
Resolution would interpret"valid development application"as meaning either an application
for approval of an Overall Development Plan,an application for approval off/any subsequent
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plan under the Land Use Code (Project Development Plan, Final Plan, Development
Construction Permit,Building Permit),and/or any application for plan approval filed under
prior law(known as the Transitional Land Use Regulations)which remains viable under the
provisions of Ordinance No. 161, 1996,as amended. This would have the effect of including
properties covered by such applications into "committed areas" under the Initiative.
39. First Reading of Ordinance No. 1112000, Authorizine the Conveyance of Non-exclusive
Easement Interests for the Construction of an Offsite Sewer Line Related to the Linden Park
Development in Fossil Creek Wetlands Natural Area.
The City of Fort Collins purchased the parcels of land now known as Fossil Creek Wetlands
Natural Area in 1995. The northern portion of the property contains an existing sewer line,
which provides service to portions of southeast Fort Collins. The proposed easements would
allow the construction of a new sewer line to connect newly developing areas in southeast
Fort Collins to the existing sewer line.
40. Items Relating to the Licensing and Regulation of Pawnbrokers and Secondhand Dealers.
A. Second Reading of Ordinance No. 91, 2000, Amending Chapter 15, Article VIII of
the City Code Relating to Pawnbrokers.
B. Second Reading of Ordinance No.92,2000,Amending Chapter 15,Article XI,of the
City Code Relating to Secondhand Dealers.
The first major codification of the current ordinances regulating the pawn and secondhand
dealer industries was completed in 1972, with some minor changes made in 1986. A City
staff team(Police,Finance and City Attorney)began working on changes to the ordinances
in June of 1997 in order to address some issues that have arisen in the past 13 years regarding
implementation and enforcement of the ordinances.
The costs associated with monitoring, enforcing and regulating the industry, as required by
the ordinances and state law, have increased dramatically over the last 13 years. The
different types of secondhand property involved in transactions have also changed
dramatically.
Ordinance No. 91, 2000, was adopted by a 5-1 vote, and Ordinance No. 92, 2000, was
unanimously adopted on First Reading on July 18,2000,making various amendments to the
City Code to increase consistency in reporting and monitoring procedures and provide those
regulated with a clear understanding what is required of them.
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41. Second Reading of Ordinance No.84,2000,Amending Ordinance No.40,2000,Authorizing
Acquisition by Eminent Domain Proceedings of Certain Easements for the Locust Street
Outfall Project.
The construction of the Locust Street Outfall project is currently scheduled for the summer
and fall of 2000. The proposed capital improvements include the construction of
approximately 4000 feet of 108 inch pipe, 540 feet of 12' x 6' culvert and 1700 feet of 72
inch pipe. Additional inlets,necessary curb and gutter replacement,and asphalt replacement
will also be replaced with a 27-inch sanitary sewer, roughly following the route of the
proposed storm sewer.
In April 2000,City Council adopted Ordinance No.40,2000,authorizing the use of eminent
domain if necessary to obtain the needed easements. After adoption of Ordinance No. 40,
2000, the legal description for the temporary construction easement for one of the parcels
needed for the Project changed.
Ordinance No. 84,2000,which was unanimously adopted on First Reading on July 18,2000
(Councilmember Weitkunat withdrawn) revises the legal description for the required
temporary construction easement.
42. Pulled Consent Items.
43. Other Business.
44. Adjournment.
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