HomeMy WebLinkAboutCOUNCIL - SUMMARY AGENDA - 05/16/2000 - REGULAR MEETING AGENDA (SUMMARY) AGENDA
OF THE
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
May 16, 2000
Proclamations and Presentations
5:30 p.m
A. Proclamation Proclaiming the Month of May as "Foster Care Month".
B. Proclamation Proclaiming May 13-21, 2000 as "Colorado Archaeology and Historic
Preservation Week".
C. Proclamation Proclaiming May 14-20, 2000 as "National Nursing Home Week".
D. Proclamation Proclaiming May 15, 2000 as "Forget-Me-Not Day".
E. Proclamation Proclaiming June 4, 2000 as"Boys and Girls Clubs of Larimer County Day".
F. Presentation of a Proclamation to City Council by Representatives of the Greeley
Independence Stampede Proclaiming June 27, 2000, as "Fort Collins Day at the Greeley
Stampede."
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 26. 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 #30, 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. Second Readina of Ordinance No. 43, 2000, Appropriating Unanticipated Revenue in the
General Fund for the Library Outreach Proararn
Larimer County provides funds to six library service providers in the County. This year,the
County is paying $120,120 to the City for library services for County residents. Of this
amount,$30,030 will be used for the City's library outreach program. This program brings
library services to the homebound,the economically disadvantaged and services remote book
drops throughout the community. Resolution 2000-62,which was unanimously adopted on
May 2,2000,authorized the Mayor to enter into an Agreement to provide library services to
County residents and for outreach service. Ordinance No. 43, 2000, which was also
unanimously adopted on First Reading on May 2, 2000, appropriates $30,030 for outreach
services.
8. Second Readina of Ordinance No. 44, 2000, Amending the General Form for Petitions for
Initiative, Referendum, and Recall.
The City Charter requires Council to prescribe by ordinance the general form of petition for
initiative,referendum,and recall. Ordinance No. 44,2000,which was unanimously adopted
on First Reading on May 2, 2000, amends the general form by splitting the combined form
into three (3) individual forms, reformatting the signature lines to provide more adequate
space to provide all required information, clearly indicating required attachments, and
eliminating from the Affidavit of Circulator the statement that the circulator is a registered
elector. (The U.S. Supreme Court has held that it is impermissible to require that petition
circulators be registered electors.)
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9. Items Relating to an Intergovernmental Agreement with Great Outdoors Colorado for the
"Expansion of the Cathy Fromme Prairie" Conservation Project.
A. Second Reading of Ordinance No. 45, 2000, Authorizing an Intergovernmental
Agreement with Great Outdoors Colorado for the"Expansion of the Cathy Fromme
Prairie" Conservation Project and Authorizing the Execution of a Declaration of
Convenants,Conditions,and Restrictions on a 139-acre Portion of the Cathy Fromme
Prairie, as Required Thereby.
B. Second Reading of Ordinance No. 46, 2000,Appropriating Unanticipated Revenue
in the Capital Projects Fund 1/4 Cent Natural Areas Capital Project for
Reimbursement Toward the Purchase Price of a 139-acre Portion of the Cathy
Fromme Prairie Acquired in 1995.
In September 1995, the City of Fort Collins was awarded a $400,000 grant from Great
Outdoors Colorado to be used for the acquisition of a 139-acre portion of the Cathy Fromme
Prairie. The property was acquired from G.D.McGarvey and Lee A. Stark in January 1997.
Staff has been working with Great Outdoors Colorado to close out the grant and receive the
reimbursement of funds for the property. Ordinance No.'s 45 and 46, 2000, which were
unanimously adopted on First Reading on May 2,2000,complete the grant requirements and
funds are expected to be received in June 2000.
Since the Ordinances were adopted on First Reading, Great Outdoors Colorado has
determined that Latimer Land Trust, rather than Larimer County, will be the third-party
steward empowered to enforce the requirements of the Declaration of Covenants,Conditions
and Restrictions.
10. Items Relating to Intergovernmental Agreements with Great Outdoors Colorado and Larimer
County for the "Cathy Fromme Prairie" Conservation Project.
A. Second Reading of Ordinance No. 47, 2000, Authorizing an Intergovernmental
Agreement with Great Outdoors Colorado for the "Cathy Fromme Prairie"
Conservation Project and Authorizing Execution of a Declaration of Covenants,
Conditions, and Restrictions on an 80-acre Portion of the Cathy Fromme Prairie as
Required Thereby.
B. Second Reading of Ordinance No. 48, 2000, Authorizing an Intergovernmental
Agreement with Larimer County Regarding the 80-acre Portion of the Cathy Fromme
Prairie Acquired from Dan Jensen and Authorizing the Conveyance of an I I%
Undivided Interest in the Property to Larimer County as Required Thereby.
C. Second Reading of Ordinance No. 49, 2000,Appropriating Unanticipated Revenue
in the 1/4 Cent Sales Tax for Natural Areas Capital Fund received from Larimer
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County and from a grant from Great Outdoors Colorado for the "Cathy Fromme
Prairie" Conservation Project.
In September 1995,the City of Fort Collins and Larimer County were awarded a$235,000
grant from Great Outdoors Colorado to be used for the acquisition of an 80-acre portion of
the Cathy Fromme Prairie. Larimer County also pledged$60,000 toward the purchase price
of$520,000.The property was acquired from D.Jensen Enterprises in January 1995. These
Ordinances,which were unanimously adopted on First Reading on May 2,2000,approve the
grant agreement required by Great Outdoors Colorado,provide for the long-term ownership
and management of the property by the City of Fort Collins and Larimer County and provide
for the reimbursement of funds for the purchase of the property, which is expected in June
2000.
Since the Ordinances were adopted on First Reading, Great Outdoors Colorado has
determined that Larimer Land Trust, rather than Larimer County, will be the third-party
steward empowered to enforce the requirements ofthe Declaration of Covenants,Conditions
and Restrictions.
11. Second Reading of Ordinance No. 50, 2000, Authorizing the Purchase of 6 Acres at 3301
East Prospect Road for Natural Area Poses and Authorizing the Lease of the Property to
the Seller, MBI Comoration, for a Period of up to Four Years.
Natural Resources and CSU have acquired the"Flatiron" gravel mine property to the south
and west of this parcel for natural area purposes.The land was acquired over time at bargain
prices and by donation. This 6-acre parcel with Flatiron's old office building had previously
not been acquired due to the higher land value. This parcel is now one of the last pieces in
the puzzle in the effort to preserve the entire river bottom on the east side of the Poudre
River,from Timberline Road southeast to I-25. Ordinance No. 50,2000,was unanimously
adopted on First Reading on May 2, 2000.
12. Second Reading of Ordinance No. 51, 2000, Amending Chapter 12, Article II, of the City
Code Pertaining to Garbage and Refuse and Chapter 20, Article III of the City Code
Pertaining to Weeds. Brush Piles and Rubbish.
Portions of Chapters 12 and 20 of the City Code contain very similar language and cover
similar types of nuisances. Chapter 12, Article II covers garbage and refuse and defines
terms such as owner,occupant,property,refuse and rubbish. The bulk of Article II(Division
1)covers the prohibited accumulations of refuse and rubbish,while the remainder(Division
2)deals with the collection and removal of refuse and rubbish. Chapter 20,Article III,also
covers rubbish, as well as weeds and brush piles. It contains many of the same definitions
as Section 12, Article II.
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These Code provisions are so similar in nature, and contain so much duplicate language, it
was felt they should be consolidated,making it easier for both staff and citizens to reference.
Toward that end,redundant provisions in Sections 12-16 through 12-21 are being repealed;
certain other provisions pertaining to rubbish accumulation are being transferred to Chapter
20; and the remaining provisions in Chapter 12 relating to rubbish collection are being
consolidated in one division, which will remain in Article II of Chapter 12.
Ordinance No. 51, 2000, was unanimously adopted on First Reading on May 2, 2000, and
amends certain sections of the City Code pertaining to garbage, refuse, weeds, brush piles
and rubbish.
13. Items Relating to the City's Fiscal Year 2000-2001 Community Development Block Grant
and Home Investment Partnerships Programs.
A. Second Reading of Ordinance No. 52,2000,Appropriating Unanticipated Revenue
and Authorizing the Transfer of Appropriations Between Projects in the Community
Development Block Grant Fund.
B. Second Reading of Ordinance No. 53,2000,Appropriating Unanticipated Revenue
and Authorizing the Transfer of Appropriations Between Projects in the Home
Investment Partnerships Fund.
Ordinance No. 52, 2000 and Ordinance No. 53, 2000, were unanimously adopted on First
Reading on May 2, 2000, and appropriate funds to be received for the CDBG and HOME
programs,and transfer into the federal 2000-2001 fiscal year programs unexpended program
funds from prior year CDBG programs.
14. First Reading of Ordinance No. 55,2000,Appropriating Prior Year Reserves in the General
Fund for Promotion of Convention and Visitor Activities and for Cultural Development and
Programming Activities.
This Ordinance appropriates 1999 lodging tax receipts dedicated to the Convention and
Visitors Bureau, Cultural Development and Programming (CDP), Visitor Events, and
Tourism Capital. In addition,it appropriates unexpended 1999 appropriations for CDP and
visitor events.
15. First Reading of Ordinance No. 56,2000,Authorizing the Revision of the Legal Description
of that Easement Conveyed to Wyoming Interstate Company Pursuant to Ordinance No. 58,
1999, to Accommodate Minor Field Changes During Construction.
In May of 1999, Council adopted Ordinance No. 58, 1999 conveying an easement to
Wyoming Interstate Company for pipeline construction across Meadow Springs Ranch. The
"as-built"drawings show that the Wyoming Interstate Company's line of construction falls
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outside of the previously acquired construction easement. This minor field change was
needed to accommodate a straight boring under Interstate 25. The Wyoming Interstate
Company would like to resolve the issue and correct the legal description contained in the
easement. After Council approval of the revised easement it will be re-recorded.
16. First Reading of Ordinance No. 58, 2000, Amending the Code of the City to Increase the
Community Parkland Capital Improvement Expansion Fee and the Neighborhood Parkland
Fee.
Adoption of this Ordinance will increase the Neighborhood and Community Parkland fees
due to increased costs related to park development. Neighborhood Parkland fees would
increase $122 (from $956 to $1,078) and Community Parkland fees would increase $152
(from $1,053 to $1,205) for an average size home. The increase is based on current costs
incurred by the City to construct new parks at the same level of service as existing parks.
The Neighborhood Parkland and Community Parkland fees were set in 1996 and reflected
existing park acquisition and development costs. The fee is adjusted annually by the Denver-
Boulder Consumer Price Index. The costs requiring the fee increase were not included in the
original fees and are not covered by the Consumer Price Index adjustments.
17. First Reading of Ordinance No. 59, 2000, Making Various Amendments to the City of Fort
Collins Land Use Code.
Staff has identified a variety of proposed changes,additions and clarifications in the Spring
biannual update of the Land Use Code. On May 4, 2000, the Planning and Zoning Board
voted 7-0 to recommend adoption of the proposed changes to City Council.
18. First Reading of Ordinance No. 60, 2000, Authorizing the Placement of Fill Material on
Certain Real Property Owned by the City Without Review of Such Activity
"Development" Within the Meaning of the Citv's Land Use Code.
This Ordinance authorizes Lagunitas Landings, Inc. to place fill material on a four-acre
parcel it is purchasing from the City without the need for review of such activity under the
City's Land Use Code. Although the Land Use Code calls for review of any such activity
as "development," the City has authorized the placement of the fill on the property in
connection with its sale of the property to Lagunitas,and City staff have determined that the
fill material and the activity involved will not be injurious to adjacent property owners or
detrimental from a natural resources standpoint.
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19. Resolution 2000-68 Adopting the Recommendation of the Cultural Resources Board
Regarding Fort Fund Disbursements.
OnNovember 30, 1998 revised guidelines for the Cultural Development&Programming and
Tourism accounts(Fort Fund)were adopted and approved through the City Manager's office.
These newly adopted guidelines created a three-tiered funding system for organizations that
apply for grants from Fort Fund. Tier#1 was established as an annual programming fund
for organizations whose primary purpose is to present three or more public events annually.
These groups may apply for funding from Tier#1 each April. Tier#2 allows organizations
that are not eligible for Tier #1 support to apply for funding of events that are not fund-
raising in nature and do not generate more than $2,500 in proceeds after expenses. Tier#3
allows organizations that are not eligible for Tier#1 support to apply for funding of events
that generate more than $2,500 in proceeds after expenses and are fund-raising in nature.
Applications for support from Tier#2 and Tier#3 are accepted each January and June.
20. Resolution 2000-69 Approving an Exemption to the Use of a Competitive Process for
Completion of the Northern Colorado Regional Communities I-25 Corridor Plan.
This request is for an exemption to the competitive purchasing process requirements in order
to contract with Clarion Associates, as the lead consultants for the preparation of the
Northern Colorado Regional Communities I-25 Corridor Plan.
The cost of preparing the Northern Colorado Regional Communities I-25 Corridor Plan is
shared amongst the seven funding jurisdictions. The City's share($137,280)was provided
for in the 1999 budget. The contract amount will not exceed $220,000.
21. Resolution 2000-70 Approving an Intergovernmental Agreement for the Joint Ownership and
Operation of the Fort Collins-Loveland Municipal Airport.
Through the proposed Intergovernmental Agreement (IGA), the Cities of Fort Collins and
Loveland agree to continue sharing equally in the revenues and expenses arising out of
Airport operations. Each of the Cities currently contributes$60,000 annually to the Airport's
budget. These funds are then used to leverage state and federal (FAA) grants for capital
improvements to Airport facilities pursuant to atwenty-year(with five-year intervals)Airport
Improvement Program (CIP) and Operating and Development Policy.
The current IGA was adopted by both Councils in January 1991, following the dissolution
of the Airport Authority, and then modified with approval of both Councils in 1994 and
1996. Under the current IGA, full control and decision-making authority was placed with
the Councils in Fort Collins and Loveland according to terms of joint ownership.
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22. Resolution 2000-71 Concerning Flood Protection Improvements for the Buckingham
Neighborhood.
The floodplain for the Cache la Poudre River encompasses the Buckingham neighborhood
due to a flow split off of the main stem of the river just to the west of the Buckingham
neighborhood. This floodplain includes some 76 residential and commercial structures.
Inclusion in the floodplain presents the potential of flooding to the area and the hazards
associated with it. These hazards include possible damages to private property and the
potential loss of life. This area is also subject to floodplain regulations, which restrict the
types of improvements that can be done to existing and new structures in the floodplain.
23. Resolution 2000-72 Makin Findings indings of Fact and Conclusions Regardingthe he Appeal of a
Decision of the Water Utility Hearing Officer Denying the Application of Earle and Maxine
Horton for a Xeriscape Certification and Grass Height Variance.
On May 2,2000,Council voted 7-0 to make the finding that,based upon a review of the City
Code sections relevant to the appeal, the City's xeriscape certification and grass height
variance program was improperly adopted.Accordingly,the Council found that the Hearing
Officer incorrectly determined that the Water Utility's xeriscape certification and grass
height variance program was a valid regulatory scheme. Based upon this finding, the
Council voted 7-0 to modify the decision of the Hearing Officer. The Council directed the
City Manager to repeal the City's current xeriscape certification and grass height variance
program. Additionally, the Council directed the City Manager to provide research and
information to the Council regarding the possible future adoption of an ordinance delegating
authority to the Water Utility to adopt a xeriscape certification and grass height variance
program. Finally, Council directed the City Manager to hold all pending applications for
xeriscape certification in abeyance until the City adopts a new xeriscape certification
program, or until the City Council determines that such a program will not be adopted. In
order to complete the record regarding the appeal,Council should adopt a Resolution making
findings of fact and finalizing its decision on the appeal.
24. Resolution 2000-73 Updating the List of Names for Arterial and Collector Streets.
With the various annexations in southeast Fort Collins over the years,there are segments of
five roads that are now located entirely within the City boundaries. These roads are"section
line" roads and, as such, are classified on the Master Street Plan as arterials.
Section 24-91 of the City Code requires that all new arterials are to be named from the list
of street names approved by the City Council. This list is a collection of names of citizens
that the city would like to honor posthumously. The list is adopted by the City Council and
names can be added only by a resolution of the City Council.
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The list of names has not been updated or amended since its adoption in 1985. With the
adoption of both the Harmony Corridor Plan and the Fossil Creek Reservoir Area Plan,staff
believes the southeast area of the city will rapidly develop. The time is ripe to begin the
street renaming process in this area before future residents and employers would be impacted
with street name changes.
Staff has conducted three meetings with the property owners in the southeast area and has
recommended names for the five affected arterials for Council to consider.
25. Resolution 2000-74 Making Appointments to the Youth Advisory Board.
Two vacancies currently exist on the Youth Advisory Board due to the resignations of Steven
Hill and Benjamin Brooks. Mayor Martinez and Councilmember Kastein reviewed the
applications on file and are recommending Sarah Smith to fill the vacancy created by Steve
Hill with a term to begin immediately and set to expire on June 30, 2001. The Council
interview team is recommending Sarah April to fill the vacancy created by Benjamin Brooks
to begin July 1, 2000 and set to expire on June 30, 2002.
26. Routine Deeds and Easements.
A. Easement for construction and maintenance of public utilities from James Scott
Christopher, located at 640 Peterson, to underground existing overhead electric
services. Monetary consideration: $10.
B. Easement for construction and maintenance of public utilities from Karen L.
Wheeler, located 134 Sylvan Circle,to install an oval vault to underground existing
overhead electric system. Monetary consideration: $170.
C. Easement for construction and maintenance of public utilities from Darrell Floyd
Anderson, located at 126 Sylvan Circle, to install an oval vault to underground
existing overhead electric system. Monetary consideration: $170.
D. Deed of dedication for easement from James and Janet Gulley for a slope easement,
located on the northwest corner of Trilby and Shields Streets. Monetary
consideration: $10.
E. Deed of dedication for easement from Mike and Cheryl Peregoy for a grading and
drainage easement, located on the northwest corner of Trilby and Shields Streets.
Monetary consideration: $10.
F. Deed of dedication for easement from Dalco,LLLC for grading,utility,drainage and
landscaping easement, located on the southwest comer Trilby and Shields Streets.
Monetary consideration: $10.
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G. Deed of dedication for easement from Dalco, LLLC for temporary grading and
drainage easement, located on the southwest comer of Trilby and Shields Streets.
Monetary consideration: $10.
H. Deed of dedication for easement from Dalco, LLLC for temporary turnaround
easement, located on the southwest corner of Trilby and Shields Streets. Monetary
consideration: $10.
I. Deed of dedication for easement from Stephen D. Joyce for a utility and slope
easement, located at the intersection of Mulberry Street and Lemay Avenue.
Monetary consideration: $10.
J. Deed of dedication for easement from Stephen D. and David G. Joyce for a sight
distance easement,located at the intersection of Mulberry Street and Lemay Avenue.
Monetary consideration: $10.
K. Deed of dedication for right-of-way from Stephen D. and David G. Joyce,located at
the intersection of Mulberry Street and Lemay Avenue. Monetary consideration:
$10.
L. Deed of dedication for easement from Storm Mountain Corporation for a storm sewer
easement, located at the intersection of Mulberry Street and Lemay Avenue.
Monetary consideration: $10.
M. Deed of dedication for right-of-way from Hoffman Trust,located at the intersection
of Mulberry Street and Lemay Avenue. Monetary consideration: $10.
N. Deed of dedication for easement from Daniel Lloyd and Shirley E. Ellsworth for a
slope and grading easement,located at the intersection of Mulberry Street and Lemay
Avenue. Monetary consideration: $10.
O. Deed of dedication for easement from Link-N-Greens for a slope easement, located
at the intersection of Mulberry Street and Lemay Avenue. Monetary consideration:
$10.
***END CONSENT***
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27. Consent Calendar Follow-un.
This is an opportunity for Councilmembers to comment on items adopted or approved on the
Consent Calendar.
28. Staff Reports.
29. Councilmember Reports.
Committees that have met since May 2 include:
Growth Management Committee Legislative Review Committee
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30. Pulled Consent Items.
31. Other Business.
32. Adiournment.
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AGENDA
OF THE BOARD OF COMMISSIONERS OF
THE FORT COLLINS HOUSING AUTHORITY
May 16, 2000
Regular Meeting
6:00 p.m.
(or as soon thereafter as the City Council completes its business)
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 Boardmembers to follow-up on issues raised during Citizen
Participation.
5. AGENDA REVIEW: ACTING EXECUTIVE DIRECTOR
6. There are no items to be considered at this time.
7. Other Business.
8. Adjournment.
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