HomeMy WebLinkAboutCOUNCIL - SUMMARY AGENDA - 10/16/2001 - REGULAR MEETING AGENDA (SUMMARY) AGENDA
OF THE
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
October 16, 2001
Proclamations and Presentations
5:30 p.m
A. Proclamation Proclaiming October 27, 2001 as"Make a Difference Day".
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 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 will be considered separately under Agenda Item #25, 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 September 18 and October
2, 2001.
8. Second Reading of Ordinance No. 150,2001,Authorizing the Purchasing A jaent to Enter into
an Extension of the Golf Professional Services Agreement at Collindale Golf Course for up
to Five Additional Years.
The existing Agreement with Collindale Golf Course contractual Golf Professional James
H. Greer, PGA, expires on December 31, 2001. The performance of Mr. Greer has been
very satisfactory during the term, and staff has negotiated a mutually acceptable extension
to the Agreement. The City Code requires contracts over five years in length to be approved
by Council. Ordinance No. 150, 2001, was unanimously adopted on First Reading on
October 2,2001,extending the Golf Professional Services Agreement for up to an additional
five years.
9. Second Reading of Ordinance No. 151,2001.Amending Chapter 2 ofthe City Code Relating
to the Functions of the Human Relations Commission.
During the City Council's periodic review of the Human Relations Commission ("HRC")
at its July 24 study session,the HRC noted that its functions relating to human service needs
recommendations and its role in relation to the Citizen Review Board have changed. The
HRC requested that the City Code be changed to reflect these changes.
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Because the procedures for the allocation of funds to meet basic human needs in the City
have changed and the HRC is no longer involved in that process, that function has been
removed. The wording of the function concerning the facilitation of the review of citizen
complaints concerning the actions of police officers or community services officers has been
modified to clarify that the members of the HRC can assist citizens who wish to file
complaints. Ordinance No. 151,2001,which was unanimously adopted on First Reading on
October 2, 2001, amends the Code to reflect that change.
10. Second Reading of Ordinance No. 152,2001,Authorizing the Conveyance to Legacy Land
Trust of an Undivided Interest in the Sauer Open Space Conservation Easement Authorizing
a Grant Agreement with Great Outdoors Colorado.and Authorizing the Amendment of the
Intergovernmental Agreement with Larimer County and Loveland for the Sauer Open Space
Great Outdoors Colorado Trust Fund (GOCO) awarded a $500,000 grant to assist in
purchase of the property. GOCO places certain requirements on landowners in order to
protect the conservation values of the property. These restrictions are reflected in Ordinance
No. 42, 2000, adopted on Second Reading on May 2, 2000, authorizing the conveyance of
a conservation easement to Larimer County. After that Council action was taken, GOCO
determined that the proposed arrangement was not acceptable, and instead required that an
outside party have the power to enforce the easement. Since the conveyance of an interest
in the conservation easement to that party, the Legacy Land Trust, was not included in
Ordinance No. 42, 2000,this Ordinance authorizes that Legacy Land Trust be provided an
interest in the conservation easement. This Ordinance,which was unanimously adopted on
First Reading on October 2, 2001, authorizes the execution of the grant agreement with
GOCO for the grant funds.
The NRAB reviewed this item at its October 3 meeting (after First Reading of the
Ordinance) and recommended adoption of the Ordinance on Second Reading.
11. First Reading of Ordinance No. 148, 2001,Amending Chapter 7 of the City Code Relating
to Election Campaigns.
This Ordinance amends Article V of Chapter 7 of the City Code relating to campaign
practices in local elections. The majority of the changes proposed are intended to provide
clarification of existing provisions.
12. First Reading of Ordinance No. 154, 2001, Amending Chapter 20, Article II of the City
Code Regarding Noise.
As part of an effort to improve noise enforcement, the City Manager initiated review of
the City's noise control ordinance (codified in Chapter 20, Article II of the City Code),
which was originally implemented in 1981. A staff team reviewed the ordinance and
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proposed modest amendments to bring it up-to-date. The Council Health and Safety
Committee reviewed the proposed amendments and made some changes.
13. First Reading of Ordinance No. 155, 2001 Appropriating Prior Year Reserves and
Unanticipated Revenue in Various Funds and Authorizing the Transfer of Appropriated
Amounts Between Funds.
The purpose of the annual clean-up ordinance is to combine dedicated revenues or
reserves that need to be appropriated before the end of the year to cover the related
expenses that were not anticipated and, therefore not included in the 2001 budget. The
unanticipated revenue is primarily from fees, charges, rents, contributions and grants that
have been paid to City departments to offset specific expenses. Prior year reserves are
primarily being appropriated for unanticipated operation expenses from reserves that are
set aside for that purpose.
This Ordinance appropriates prior year reserves and unanticipated revenue in various City
funds, and authorizes the transfer of appropriated amounts between funds. The City
Charter permits the City Council to provide by ordinance for payment of any expense
from prior year reserves. The Charter also permits the City Council to appropriate
unanticipated revenue received as a result of rate or fee increases or new revenue sources.
Additionally, it authorizes the City Council to transfer any unexpended appropriated
amounts from one fund to another upon recommendation of the City Manager provided
the purpose for which the transferred funds are to be expended remains unchanged; or the
purpose for which they were initially appropriated no longer exists; or the proposed
transfer is from a fund or capital project account in which the amount appropriated
exceeds the amount needed to accomplish the purpose specified in the appropriation
ordinance.
14. First Readine of Ordinance No. 156, 2001, Authorizing the Purchasina Agent to Enter
into an Atreement for the Financing by Lease-Purchase of Vehicles and Equipment
This Ordinance will authorize the Purchasing Agent to enter into a lease-purchase
financing agreement with Koch Financial Corporation at 4.533% interest rate. The
agreement shall be for an original term from the execution date of the agreements to the
end of the current fiscal year. The agreement shall provide for renewable one-year terms
thereafter, to a total term of five (5) years, subject to annual appropriation of funds
needed for lease payments. The total lease terms, including the original and all renewal
terms, will not exceed the useful life of the property. This lease-purchase financing is
consistent with the financial policies of the City of Fort Collins.
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15. First Reading of Ordinance No. 157, 2001, Amending Sections 13-23 and 13-24 of the
City Code Concernine the Enforcement and Conciliation of Human Rights Violations
The City's Human Rights Code (Chapter 13 of the City Code) currently limits
conciliation efforts by the City Manager. The City Manager has delegated his role under
the Human Rights Code to the City's Human Rights Resource and Education Office.
Conciliation is only authorized after the City Manager makes a finding of probable cause
and any conciliation effort must be completed within 90 days of the filing of the
complaint by a citizen alleging discrimination.
16. First Reading of Ordinance No. 158, 2001, Amending Sections 23-82 and 23-83 of the
City Code Pertaining to Encroachments.
Presently the encroachment provisions of Sections 23-82 and 23-83 of the Code require
all applicants for encroachments to either be the fee owner of the adjoining real property
or obtain the consent of the fee owner. This requirement should only apply if the
encroachment is for the purpose of serving food or beverages and should not apply for
other encroachments, the most common of which are encroachments for news racks.
Furthermore, the Code should be clarified to ensure that there are no "prior restraint"
issues with regard to constitutionally protected speech, by simply waiving any fee
requirements for speech related encroachments such as news racks, and by ensuring that
any applications for such an encroachment must be processed by the City Manager within
15 days of the receipt of the application.
17. First Reading of Ordinance No. 159, 2001, Authorizing the Purchasing Agent to Enter
into an Agreement with Outdoor Promotions Inc to Provide Bus Shelters Bus Benches
and Advertising for the City of Fort Collins Transit Service for 20 Years.
Outdoor Promotions, Inc., submitted the successful proposal to the City's May 11, 2001,
Request for Proposal No. P-793 regarding providing bus shelters and bus benches and
sale of advertising space on the same. The City and Outdoor Promotions, Inc. currently
have a Services Agreement that expires December 31, 2001. This Ordinance authorizes
the City to extend that agreement for a 20-year period commencing January 1, 2002 and
extending through December 31, 2021. The 20-year term was negotiated recognizing the
substantial capital investment (over $1.3M)required by the contractor, and the agreement
by Outdoor Promotions, Inc., to increase the City's share of the net proceeds from the
advertising sold from 15% annually to 20% annually after the fifth year of the agreement.
The agreement will provide for installation of 105 bus shelters and 400 benches. The
contractor will be responsible for all installations, maintenance, selling of advertisements,
graffiti and snow removal, trash collection, cleaning and maintenance of the shelters and
benches. All advertising shall be commercial in nature, shall comply with the City Sign
Code and other limitations, and must be approved by the City prior to placement.
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18. First Reading of Ordinance No. 160, 2001, Approving the Terms of the Sublease by the
City of a Portion of Rivendell School Property for a Community Recycling Drop-off
Facility.
Approval of the Sublease Agreement will allow the City to submit the Agreement to the
County in order to remove a one-acre portion of the Rivendell School site from the
property tax rolls.
The City Manager has executed a sublease agreement by which the City will sublease
from the executive board of Rivendell School a portion of the school's paved surface area
as the location for a community recycling collection facility ("drop-off site"), for an
initial period through the end of the current calendar year with up to 10 one-year
renewals. The City Council is being asked to approve the Sublease Agreement in order
for the one-acre parcel to be removed from the property tax rolls during the period of time
(up to 10 years)that it is subleased by the City.
19. First Reading of Ordinance No. 161, 2001, Repealing Ordinance No. 2. 2001 and
Designating the Deines Barn and Twin Silos as a Landmark Pursuant to Chapter 14 of the
City Code.
This is a housekeeping item. The Deines Barn and Twin Silos were originally designated
as a Landmark by Ordinance No. 2, 2001. When staff was preparing the final documents
for recordation, it was discovered that there was an invalid signature on the application.
The question of ownership of the Deines Barn and Twin Silos has since been resolved.
The legal owner, the Shenandoah Owners' Association, has expressed its desire that the
structures be designated. Staff, in consultation with the City Attorney's Office,
determined that the best course of action would be to repeal the original ordinance
adopted by Council, and treat the owner's request as a new designation action.
20. Routine Deeds and Easements.
A. Deed of dedication for easement for permanent right-of-way for public street
purposes, from Hewlett-Packard, located south of East Harmony Road, west of
Cambridge Avenue, and north of Rock Creek Drive. Monetary consideration:
$10. Staff: Marc Virata.
B. Deed of dedication for permanent right-of-way for public street purposes, from
Imago Enterprises, Inc., located south of East Harmony Road, west of Cambridge
Avenue, and north of Rock Creek Drive. Monetary consideration: $10. Staff:
Marc Virata.
C. Deed of dedication for permanent right-of-way for public street purposes, from
Imago Enterprises, Inc., located south of East Harmony Road, west of Cambridge
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Avenue, and north of Rock Creek Drive. Monetary consideration: $10. Staff:
Marc Virata.
D. Deed of dedication for construction and drainage easement from Imago
Enterprises, Inc., for storm drainage improvements, located south of East
Harmony Road, west of Cambridge Avenue, and north of Rock Creek Drive.
Monetary consideration: $10. Staff: Marc Virata.
E. Deed of dedication for utility easement from Imago Enterprises, Inc., for public
utilities, located south of East Harmony Road, west of Cambridge Avenue, and
north of Rock Creek Drive. Monetary consideration: $10. Staff. Marc Virata.
F. Deed of dedication for construction easement from Imago Enterprises, Inc., for
construction of drainage and street improvements, located south of East Harmony
Road, west of Cambridge Avenue, and north of Rock Creek Drive. Monetary
consideration: $10. Staff: Marc Virata.
G. Deed of dedication for utility easement from Hewlett-Packard Company, for a
permanent non-exclusive utility easement, located south of East Harmony Road,
west of Cambridge Avenue, and north of Rock Creek Drive. Monetary
consideration: $10. Staff: Marc Virata.
H. Deed of dedication for drainage easement from Hewlett-Packard Company, for
storm water drainage purposes, located south of East Harmony Road, west of
Cambridge Avenue, and north of Rock Creek Drive. Monetary consideration:
$10. Staff. Marc Virata.
I. Deed of dedication for emergency and construction access easement from
Hewlett-Packard, for emergency and construction access, located south of East
Harmony Road, west of Cambridge Avenue, and north of Rock Creek Drive.
Monetary consideration: $10. Staff: Marc Virata.
J. Deed of dedication for easement from Harmony Medical Investments, LLC, for a
temporary construction easement, located south of Harmony Road, west of
Wheaton Drive, and north of Oakridge Drive. Monetary consideration: $10. Staff:
Marc Virata.
K. Easement for construction and maintenance of public utilities from Gaetano and
Joan Di Matteo to underground electric system, located at 918 LaPorte Avenue.
Monetary consideration: $100. Staff: Patti Teraoka.
***END CONSENT***
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21. Consent Calendar Follow-up.
This is an opportunity for Councilmembers to comment on items adopted or approved on
the Consent Calendar.
22. Staff Reports.
23. Councilmember Reports.
Committees that have met since October 2 include:
Growth Management Committee Legislative Review Committee
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ITEMS NEEDING INDIVIDUAL CONSIDERATION
24. Resolution 2001-135 Providing Direction to Staff on Completing the I-25 Subarea Plan.
Option A
Resolution 2001-135 Directing Staff to Complete the I-25 Subarea Plan Without an
Expansion of the City's Growth Management Area(GMA) Boundary.
OR
Option B
Resolution 2001-135 Directing Staff to Complete the I-25 Subarea Plan With an
Expansion of the City's Growth Management Area(GMA) Boundary.
Staff is seeking direction whether or not the I-25 Subarea Plan should include an
expansion of the existing Growth Management Area (GMA) boundary east of I-25, as
well as direction on other major land use policy issues. The development of the I-25
Subarea Plan started in October 1999, as a commitment to complete City Plan for the
areas adjacent to the I-25 corridor. Thus, City Plan's basic philosophies and policies are
inherently included in the 1-25 Subarea Plan. There is also a section reserved in the City
Plan document for additional principles and policies to be specifically applied to the I-25
corridor. Eventually, land use and transportation infrastructure decisions will also likely
lead to amendments to the City of Fort Collins Structure Plan, the Parks and Recreation
Policy Plan, and the Master Street Plan. Implementation techniques may include, but not
be limited to, new or amended zoning districts, rezonings, and new and/or increased
development impact fees. Over the past two years the planning process has developed
two sets of three land use alternatives and a draft land use plan (a.k.a. "preferred
alternative"). All were subjected to review by the general public, City and County
advisory boards and commissions, and City and County elected officials. In September
2001, two draft land use plan options were developed — one that includes a GMA
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boundary expansion and one that restricts development east of I-25 to areas already inside
the City's GMA boundary. The two options form the basis for discussing, and eventually
providing the direction on whether the 1-25 Subarea Plan should be completed with, or
without, an expansion of the existing GMA boundary east of I-25 as well as other major
land use policy issues.
25. Pulled Consent Items.
26. Other Business.
27. Adiournment.
City of Fort Collins