HomeMy WebLinkAboutMINUTES-01/19/1999-RegularJanuary 19,1999
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council -Manager Form of Government
Regular Meeting - 6:00 p.m.
A regular meeting of the Council of the City of Fort Collins was held on Tuesday, January 19, 1999,
at 6:00 p.m. in the Council Chambers of the City of Fort Collins City Hall. Roll Call was answered
by the following Councilmembers: Azari, Bertschy, Byrne, Kneeland, Mason, Smith and Wanner.
Staff Members Present: Fischbach, Krajicek, Roy.
Citizen Participation
Dave Bigelow, Larimer County Search and Rescue, spoke regarding search and rescue dog training
issues.
David Lauer, 1404 Robertson, spoke regarding the composition and purpose of the Citizen Review
Board and encouraged expansion of the Board to nine members with four minorities.
David Lipp, 626 Remington Street, supported expanding the Citizen Review Board and the
appointment ofmore minorities to the Board and spoke regarding police policies in stopping vehicles
driven by minorities.
Cheryl Kennedy, Latimer County Search and Rescue, detailed search and rescue dog training
procedures.
David Lauer, 1404 Robertson, suggested the appointment of Leroy Gomez and Norberto Valdez to
the Citizen Review Board.
Citizen Participation Follow-up
Councilmember Kneeland noted that the Health and SafetyCommittee is scheduled to discuss search
and rescue dog training and asked about the status of information that has been requested. City
Manager Fischbach stated that staff is preparing information regarding the issue and that he will be
contacting Larimer County Search and Rescue representatives to set up a meeting. Councilmember
Smith asked about the scheduling of the agenda item relating to the natural areas rules and
regulations.
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January 19, 1999
Councilmember Mason asked when the Citizen Review Board appointments will be scheduled for
Council consideration. City Manager Fischbach stated that interviews have been scheduled and
appointment is tentatively scheduled for February 16.
Councilmember Byrne spoke regarding the police ride along program and the professionalism of the
police department.
Councilmember Bertschy supported expediting a solution for search and rescue dog training.
Mayor Azari spoke regarding search and rescue dog training and suggested further discussion under
Other Business.
Councilmember Mason asked that the information being prepared by staff regarding the search and
rescue dog issue include any discussions from the Natural Resources Advisory Board and Parks and
Recreation Board.
City Manager Fischbach requested that Mr. Lipp provide documentation regarding police stops of
vehicles driven by minorities.
Agenda Review
City Manager Fischbach noted that item #18 First Reading of Ordinance No. 13, 1999, Authorizing
the Grant of a Non -Exclusive Utility Easement on the Ute-Snowy Ridge Property to the South Fort
Collins Sanitation District includes a revised Agenda Item Summary.
Consent Calendar
Consideration and approval of the Council meeting minutes of December 15 1998 and the
adjourned meeting minutes of December 8, 1998.
8. Second Reading of Ordinance No 1. 1999 Appropriating Unanticipated Revenue in the
General Fund for Facade Restorations of 210-218 Walnut Street and 251 Linden Street
Ordinance No. 1, 1999, which was unanimously adopted on First Reading on January 5,
1999, appropriates unanticipated revenue in the amount of $296,700 for the restorations of
210-218 Walnut Street (Silver Grill Buildings) and 251 Linden Street (north half of the
Robertson/Haynes Block) in the Old Town Fort Collins Historic District.
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January 19, 1999
9. Second Reading of Ordinance No. 2 1999 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 Drake Road Improvement Proiect
Arterial street improvements are planned for Drake Road from Shields Street to Research
Boulevard. These improvements include planted medians, detached sidewalks, bike lanes,
right turn lanes, storm sewer improvements, and roadway and traffic signal improvements
at two intersections. The project is predominantly funded by the Street Oversizing Program,
but includes a Development portion contributed in the form of a Contribution in Aid, as a
well as Pavement Management Program portion.
Ordinance No. 2, 1999, which was unanimously adopted on First Reading on January 5,
1999, appropriates $1,530,006 in the Capital Projects Fund to construct arterial roadway
improvements for the Drake Road Improvement Project.
10. Second Reading of Ordinance No. 3, 1999 Appropriating Unanticipated Revenue in the
General Fund for the Police Services Victim Services Team
The Fort Collins Police Services Victim Services Team has been awarded a one-year grant
for the period of January 1 to December 31, 1999 by the Eighth Judicial Victims and Law
Enforcement (V.A.L.E.) Board to help fund additional growth for this team. A previous
V.A.L.E. grant in the same amount was received for calendar year 1998.
The Victim Services Team provides crisis intervention, resource and referral services to
victims of violent crime, as well as in other traumatic situations. Information must be
provided to victims under Colorado State Statutes. The Victim Services Team currently
utilizes a staff of one paid Victim Services Coordinator, and a team of 16-25 volunteer
advocates. Because of the growth of the program and the need to ensure consistent and
quality services to the citizens of Fort Collins, the addition of a part-time paid victim
advocate is needed. Ordinance No. 3, 1999, was unanimously adopted on First Reading on
January 5, 1999 and appropriates unanticipated revenue in the General Fund for the Police
Services Victim Services Team.
11. Second Reading of Ordinance No. 4, 1999 Appropriating Unanticipated Revenue in the
Flood Mitigation Fund - Project Impact Grant.
The City has received approval from the Federal Emergency Management Agency (FEMA)
for a grant funded under the Omnibus Consolidated Appropriations Act of 1997 which
authorized the Disaster Resistant Community Initiative. The City's Office of Emergency
Management, Utilities, and the Poudre Fire Authority will be involved in the implementation
of the Initiative in Fort Collins. Ordinance No. 4, 1999, was unanimously adopted on First
Reading on January 5, 1999.
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January 19, 1999
12. Second Reading of Ordinance No. 5, 1999, Annexing Property Known as the Lemay Avenue
3rd Annexation to The City of Fort Collins Colorado
On January 5, 1999, Council unanimously adopted Resolution 99-1 Setting Forth Findings
of Fact and Determinations Regarding the Lemay Avenue 3rd Annexation.
Also on January 5, 1999, Council also unanimously adopted Ordinance No. 5, 1999, which
annexes an enclave approximately 2.00 acres in size, located on the east side of North Lemay
Avenue, between East Lincoln Avenue and East Vine Drive. The property is currently
vacant. The property being considered for annexation has, for a period of not less than three
(3) years, been completely surrounded by property contained within the boundaries of the
City of Fort Collins.
The Council Growth Management Committee met on Monday, January 11, 1999, and
recommended the zoning on the property be I -Industrial. The First Reading of the Ordinance
zoning the property is scheduled for the February 2, 1999 meeting.
APPLICANT: City of Fort Collins
OWNER: Norman L. Royval
3739 North County Road 13
Fort Collins, CO 80524
13. Second Reading of Ordinance No. 7,1999 Authorizing the Conveyance of 645 Square Feet
of Land to Doyle Duin, to Correct An Erroneous Conveyance to the City as Part of its
Timberline Road and Dry Creek Channel Right -of -Way.
hi May, 1998, the City acquired a portion of Doyle Duin's property for the construction of
the Dry Creek Channel and the Timberline Road Extension. Recently an error was
discovered in the legal description for the property acquired. The original legal description
resulted in the City taking land located under Mr. Duin's commercial building. The revised
legal description corrects the error and moves the property line out from under the building
and reserves a permanent access easement to the storm drainage channel. Ordinance No.
7, 1999 was unanimously adopted on First Reading on January 5, 1999.
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January 19, 1999
14. Second Reading of Ordinance No. 8,1999 Amending Section 2-93 of the City Code to Add
a New Function of the Air Quality Advisory Board
This amendment arises because of a recent change in the Air Quality Action Plan update
process, i.e., Objective 1: Reduce the Growth Rate of Daily Vehicle Miles Traveled (VMT),
is now considered separatelyin conjunction with updates to City Plan, Master Transportation
Plan, and their various implementation programs. Ordinance No. 8, 1999 was unanimously
adopted on First Reading on January 5, 1999.
15. Second Reading of Ordinance No 9, 1999 Amending Chanter 9 of the City Code and
Adopting by Reference the 1997 Uniform Fire Code with Amendments
The City of Fort Collins has historically adopted the Uniform Fire Code (UFC) as a model
code for the identification, correction and prevention of fire safety hazards. This model code
is developed and published by the International Fire Code Institute (IFCI) on three-year
cycles. Currently, the City is administering the 1991 Edition. Poudre Fire Authority, along
with the Fort Collins Building Department and the Larimer County Building Department,
agreed in 1994 to skip one code cycle adoption. The purpose of this agreement was an effort
to provide the community access to congruent model code documents. Ordinance No. 9,
1999 was unanimously adopted on First Reading on January 5, 1999.
16. First Reading of Ordinance No. 11 1999 Appropriating Unanticipated Revenue in the
Community Development Block Grant Fund for the Renovation of the Kitchen at the
Catholic Chanties Northern Mission.
On June 2, 1998, the City Council approved Community Development Block Grant (CDBG)
funding in the amount of $25,000 for the construction of a walk-in cooler and freezer and for
renovation of the kitchen at The Mission. The total cost of the project is $85,000, with
$25,000 of Community Development Block Grant (CDBG) funds already appropriated. The
remaining $60,000 was raised by Catholic Chanties Northern and has been paid to the City,
to be disbursed by the City together with the previously appropriated grant funds.
17. First Reading of Ordinance No. 12, 1999 Appropriating Unanticipated Revenue in the
General Fund for the Larimer County Multi -Jurisdictional Drug Task Force
On November 17, 1998, Ordinance No. 195, 1998, appropriating $202,101 for Fort Collins
Police Services as the administrator of the Multi -jurisdictional Drug Grant, was adopted on
second reading. At the time the agenda summary was prepared for Ordinance No. 195, 1998,
Fort Collins Police Services neglected to include $ 22,966 in unanticipated revenue from the
Task Force participating agencies. These dollars ($22,966) represent a portion of the
$202,101 match that participating agencies must provide. The required City of Fort Collins
match share of $87,608 is already appropriated and available.
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January 19, 1999
This appropriation is not a request to identify new dollars for the City's share. This action
simply appropriates the $22,966 from the Task Force participating agencies in addition to
the $202,101 in grant money appropriated under Ordinance No. 195, 1998.
18. First Readine of Ordinance No. 13,1999, Authorizing the Grant of a Non -Exclusive Utility
Easement on the Ute-Snowy Ridge Property to the South Fort Collins Sanitation District.
The land affected by this street widening is owned by Larimer County, the City of Loveland
and the City of Fort Collins. The City of Fort Collins' share is 33.34%. In connection with
the construction of the Shenandoah P.U.D., the developer has determined that a non-
exclusive utility easement approximately 1700 square feet in area will be required in order
to permit the South Fort Collins Sanitation District sewer line necessary for the development
to pass through the Ute-Snowy Ridge Property at its far northeast comer.
19. Resolution 99-7 Setting Forth the Intention of the City to Issue Multi -Family Housing
Revenue Bonds for the Concorde Capital Corporation Project.
In earlyDecember 1998, representatives from Concorde Capital Construction contacted staff
members of the Advance Planning and Finance Departments. Concorde requested the City
consider issuing private activity bonds for the purpose of acquiring property, constructing
and equipping housing project consisting of ranch style and townhomes (the "Project") in
FortCollins. The Project would qualify as a low-income rental housing project. The project
is located in the north part of Fort Collins near the southeast corner of the intersection of
Redman and Conifer Streets. Up to 150 dwelling units will be included in the project. The
site is approximately 13.6 acres. Twenty-seven percent of the units will be for individuals
or households making no greater than 60% of the area median income. Forty percent of the
units will be for households under the 50% median income level. The remaining 33% of the
units will be rented at market rates.
Passage of this Resolution will allow the City to issue up to $11 million in tax-exempt
private activity bonds for the purpose of constructing the project. The issuance is contingent
on the Project receiving an additional allocation from the State of Colorado. The proposal
is consistent with the City's adopted policies regarding the issuance of multi -family rental
housing bonds. The Affordable Housing Board reviewed the project at its meeting on
January 7, 1999. The Board supports the proposal.
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January 19, 1999
20. Resolution 99-8 Authorizing the Purchasing Agent to Enter into a Visa Purchasing Card
Agreement.
Purchasing cards are highly restricted credit cards issued to responsible City employees for
the purpose of making the types of small purchases currently being done using mini -orders
and blanket orders. Once purchasing cards are fully in place, administrative costs should be
reduced substantially. Other government entities using such cards report overall savings of
30% or more in the processing of small purchases.
21. Resolution 99-9 Authorizing the Sublease of a Portion of the Old Fort Collins High School
at 1400 Remington by the Boys and Girls Clubs of Larimer County.
The City began operation of a portion of the previous Fort Collins High School at 1400
Remington as a youth and teen center in September, 1995. Space was leased from the
Poudre School District, which sold the property to Colorado State University in September
of 1997. As of January 1, 1999, the City now leases this space directly from the University.
The City has subleased a portion of its space at this facility to the Boys and Girls Clubs of
Larimer County since September, 1995. Staff seeks to continue this sublease.
The sublease with Boys and Girls Club, which is attached to the Resolution, has an initial
term that extends through June 30, 1999, and provides for up to three six-month extensions
at the City's option.
22. Resolution 99-10 Approving the Execution of an Agreement Pertaining to the Larimer
Emergency Telephone Authority.
On November 4, 1998, the LETA Board of Directors approved an agreement to modify and
amend the Intergovernmental Agreement dated November 14, 1990.
23. Resolution 99-3 Approving an Exemption to the Use of a Competitive Process for Facade
Restorations of 210-218 Walnut Street and 251 Linden Street.
This request is for an exemption to the competitive process for University Designers and
Builders and A-E Design Associates, P.C., as the contractors for the restorations of 210-218
Walnut Street (Silver Grill Buildings) and 251 Linden Street (north half of the
Robertson/Haynes Block) in the Old Town Fort Collins Historic District.
The City of Fort Collins has been awarded a State Historical Fund grant in 1998 by the
Colorado Historical Society. The purpose of the grant is to restore the street front facades
and structurally stabilize the historic Silver Grill Buildings and north half of the
Robertson/Haynes Block in Fort Collins.
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January 19, 1999
24. Resolution 99-11 Authorizing the Establishment of a Dialogue Regarding Significant
Community Issues.
Fort Collins is a dynamic and changing community. It's important to periodically listen to
what's on the minds of citizens and engage in an in-depth conversation about particular
issues and/or directions for the community.
The City Council Organizational Development Committee has recommended that staff
develop and facilitate a way to engage the community in a dialogue that may address topics
such as City Plan and the City -School District cooperative project(s) related to the voter -
approved Building Community Choices program.
25. Resolution 99-12 Making Appointments to the Various Boards and Commissions.
A vacancy currently exists on the Art in Public Places Board due to the resignation of Eric
Reno. Applications were solicited and interviews were conducted by Councilmembers Smith
and Mason. The Council interview team is recommending that Michael Histand be appointed
to fill the vacancy with a term to begin immediately and to expire on June 30, 2002.
A vacancy also currently exists on the Cultural Resources Board due to the resignation of
Robin Planer. Applications were solicited and Councilmembers Smith and Mason conducted
interviews. The Council interview team is recommending that Ayleen Burns be appointed
to fill the vacancy with a term to begin February 1, 1999 and to expire on June 30, 2002.
The Telecommunications Board has a vacancy due to the resignation of Ernie Powell.
Councilmembers Kneeland and Byrne reviewed the applications on file and are
recommending that Braun Mincher be appointed to fill the vacancy with a term to begin
immediately and to expire on June 30, 2003. In order to facilitate a smooth transition for the
Telecommunications Board, the expiration date has been extended from June 30, 1999 to
June 30, 2003.
26. Routine Easement.
Temporary Easement from Spring Creek Farms LLC, for relocation of an overhead utility
easement and guy line support, due to construction of a right turn lane at the
Drake/Timberline intersection. Monetary consideration: $0.
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January 19, 1999
Items on Second Reading were read by title by City Clerk Wanda Krajicek.
8. Second Reading of Ordinance No. 1, 1999, Appropriating. Unanticipated Revenue in the
General Fund for Facade Restorations of 210-218 Walnut Street and 251 Linden Street.
9. Second Reading of Ordinance No. 2, 1999, 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 Drake Road Improvement Project.
10. Second Reading of Ordinance No. 3. 1999, Appropriating Unanticipated Revenue in the
General Fund for the Police Services Victim Services Team.
11. Second Reading of Ordinance No. 4, 1999, Appropriating Unanticipated Revenue in the
Flood Mitigation Fund - Project hnpact Grant.
12. Second Reading of Ordinance No. 5,1999, Annexing Property Known as the Lemay Avenue
3rd Annexation to The City of Fort Collins, Colorado.
13. Second Reading of Ordinance No. 7, 1999, Authorizing the Conveyance of 645 Square Feet
of Land to Doyle Duin, to Correct An Erroneous Conveyance to the City as Part of its
Timberline Road and Dry Creek Channel Right -of -Way.
14. Second Reading of Ordinance No. 8, 1999, Amending Section 2-93 of the City Code to Add
a New Function of the Air Quality Advisory Board.
15. Second Reading of Ordinance No. 9, 1999, Amending Chapter 9 of the City Code and
Adopting by Reference the 1997 Uniform Fire Code, with Amendments.
Items on First Reading were read by title by City Clerk Wanda Krajicek.
16. First Reading, of Ordinance No. 11, 1999, Appropriating Unanticipated Revenue in the
Community Development Block Grant Fund for the Renovation of the Kitchen at the
Catholic Chanties Northern Mission.
17. First Reading of Ordinance No. 12, 1999, Appropriating Unanticipated Revenue in the
General Fund for the Larimer County Multi -Jurisdictional Drug Task Force.
18. First Reading of Ordinance No. 13, 1999, Authorizing the Grant of a Non -Exclusive Utility
Easement on the Ute-Snow} Ridge Property to the South Fort Collins Sanitation District.
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January 19, 1999
Councilmember Mason made a motion, seconded by Councilmember Byrne, to adopt and approve
all items on the Consent Calendar. The vote on the motion was as follows: Yeas: Councilmembers
Azari, Bertschy, Byme, Kneeland, Mason, Smith and Wanner. Nays: None.
THE MOTION CARRIED.
Councilmember Reports
Councilmember Smith reported regarding Metropolitan Planning Organization discussions regarding
funding for the downtown railroad consolidation, roadwork in Greeley, future project funding, and
application by the City and MPO for status to make comments regarding the state's Clean Screen
program relating to automated sensing for emissions testing.
Councilmember Wanner reported on the Growth Management Committee discussions regarding the
Lemay Avenue 3rd Annexation and Zoning, Countyroad and park impact fees, CityPlan monitoring,
the downtown river corridor implementation, and the I-25 corridor.
Councilmember Smith reported on Legislative Review Committee discussions regarding potential
legislative actions.
Councilmember Kneeland reported on the Poudre School District Liaison Committee discussions
regarding Building Community Choices joint projects and work toward agreement on parameters,
community space at Boltz Junior High School, and sharing of legislative agendas.
Councilmember Byrne reported that the Poudre School District Liaison Committee plans to meet
next month meet with the new Sheriff and new County Commissioner.
Other Business
Councilmember Byrne spoke regarding the memorandum received from Carrie Daggett regarding
the library district options and the County's contribution to library services. He supported looking
strongly at the creation of a library district. Councilmember Kneeland supported exploring library
and information center funding options.
Councilmember Smith supported revisiting the Art's Alive issue.
Councilmember Byrne supported the idea of the Art's Alive program and spoke regarding the need
to take a look at large ticket budget needs.
Councilmember Kneeland noted that the Council has discussed the Art's Alive program at a study
session and that she believed the intent at that time was that the issue be brought back for further
Council consideration.
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January 19, 1999
Councilmember Bertschy supported continuing the discussion on the Art's Alive program. City
Manager Fischbach stated that Finance Committee's direction was that it is not appropriate to move
forward on this item at this time.
Councilmember Smith noted that the start up funds requested for the Art's Alive program are
relatively nominal.
Councilmember Mason noted the Study Session discussion regarding looking to the arts community
to find a grantor of funds rather than putting the City's money up front.
Councilmember Byrne spoke regarding the need to view and prioritize budget requests within the
context of the overall budget.
Councilmember Kneeland stated that one purpose of the policy agenda is to provide a context to
react to budget requests that come to the Council outside of the normal budget process.
Councilmember Smith noted that no single entity took a leadership role in securing the funding.
Councilmember Wanner stated that the intent was to show groups that bring this type of request
forward that they must take the leadership role.
Mayor Azari stated that there has been no formal direction from Council regarding the matter and
a formal response from Council to the group is needed.
Councilmember Mason stated that additional study session discussion is needed and spoke regarding
the possibility of a seat tax to generate revenue.
Councilmember Smith supported additional discussion regarding all mechanisms to fund cultural
and library programs for the long term.
Councilmember Byrne spoke regarding budget needs and stated that small budget requests may
sometimes have an imbalancing effect on the overall budget.
Councilmember Kneeland made a motion, seconded by Councilmember Wanner, to schedule Art's
Alive as an agenda item within the next two meetings. The vote on the motion was as follows: Yeas:
Councilmembers Azari, Bertschy, Byrne, Kneeland, Mason, Smith and Wanner. Nays: None.
THE MOTION CARRIED.
Councilmember Kneeland suggested looking at the search and rescue dog issue and ways to make
it work.
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January 19, 1999
Councilmember Smith asked for clarification that the parks and natural areas plans that are coming
back to Council on February 16 could include areas in which search and rescue dogs could be
trained. City Manager Fischbach stated that the approach that had been presented was to permit the
CPES Director to decide at any given time which areas could be approved for such use.
Councilmember Smith suggested that the agenda item that will be prepared for February 16 provide
some designated areas for search and rescue dog training. He asked why there has been a
differentiation between police dogs and search and rescue dogs. City Manager Fischbach stated that
staff will prepare a response to this question.
Councilmember Bertschy supported resolving the issue quickly.
Councilmember Wanner noted that discussion on resolving the issue should take place at the Health
and Safety Committee meeting in February.
Councilmember Smith expressed a concern that dealing with the search and rescue dog issue as a
separate issue might defer a decision even longer.
Councilmember Kneeland suggested that a special Health and Safety Committee meeting be
scheduled to expedite discussion on the issue.
Adjournment to Conclusion of
Housing Authority Meeting
Councilmember Smith made a motion, seconded by Councilmember Mason, to adjourn the meeting
until immediately following the conclusion of the Housing Authority meeting this evening. The vote
on the motion was as follows: Yeas: Councilmembers Azari, Bertschy, Byrne, Kneeland, Mason,
Smith and Wanner. Nays: None.
THE MOTION CARRIED.
("Secretary's Note: The meeting adjourned at 7:00 p.m. and reconvened following the Housing
Authority meeting at 9:00 p.m.)
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January 19, 1999
Other Business
Emergency Ordinance No. 14, 1999
Appropriating $428,529 from Reserves in the
Self Insurance Fund to Fund a Proposed
Settlement on Behalf of the Fort Collins
Housing Authority in Civil Action No. 97-K-1995
City Attorney Roy read Emergency Ordinance No. 14, 1999 in full.
Councilmember Kneeland made a motion, seconded by Councilmember Warmer, to adopt
Emergency Ordinance No. 14, 1999.
Councilmember Wanner stated that this is all the City can afford to spend on this issue and there are
no plans to extend additional loans to the Housing Authority for this purpose.
The vote on Councilmember Kneeland's motion was as follows: Yeas: Councilmembers Azari,
Bertschy, Byrne, Kneeland, Mason, Smith and Wanner. Nays: None.
�. THE MOTION CARRIED.
Other Business
Councilmember Bertschy noted that a letter has been received from the Fort Collins Historical
Society about a cultural resource inventory and asked if a response has been prepared. City Manager
Fischbach stated that a response has been prepared and the City will cooperate in every way possible.
The meeting adjourned at 9:10 p.m.
ATTEST:
City Clerk
Adjournment
.M
Mayor